What are we sampling for?

Turbidity is our culprit. Turbidity is the ability of light to pass through a water sample. Particles, TSS and pollutants prohibit lights reflection through water which is measured with a nephelometric turbidity meter. Just as smoke in the air causes a hazy appearance, so does turbidity in the water. Hard to see the particles with the naked eye, but a meter will show if they are present. The new requirements suggest we sample at each discharge.  Thus, when a rain event occurs on a construction site  and a discharge occurs, a grab sample must be collected from all the outfalls located on site. The sample will then be tested and the magic number we are all shooting for is 280 NTU or less. However, it will be important to know each state has been given the authority to determine frequency, location and other specifics of sampling.

What else changed in storm water with this ruling?

Non-numeric changes are a big part of the requirements. One example of non-numeric is the protection and/or stabilization of vegetation. Let me clarify, an operator can no longer allow natural vegetation to regrow on the site (example: developing a community and then selling lots to a home builder). The operator must place it in their budget to stabilize the site (lots) with vegetation as soon as construction is completed. The regulations clearly communicate that stabilization must be initiated immediately after 14 days of completion.

There may other non-numeric changes that are listed in the regulations that help control the loss of sediment from a construction site. All of these changes will aid in reducing the amount of sediment entering our waterways. It is also important to note that these non-numeric requirements are effective immediately and are required even if you are not required to conduct sampling from your site.

Is this ruling applicable for all construction sites?

Yes, all sites must at a minimum comply with the non-numeric changes, but only sites that are part of a common plan of development disturbing 20 acres or greater must comply starting August 2011. Sites that are part of a common plan of development disturbing 10 acres are greater must comply in February 2014. NOTE: These rules can and will change once every states general permit expires. The states will have the ability to changes these dates, consrtruction sizes, numeric sampling number, etc.

There is much more to learn, but we ask you contact us for the many more details that are not listed in this blog. Merit is currently scheduling private training for companies across the nation.

Lets start with the definition of “Qualified”. When the EPA released their storm water requirements there was a big push by environmentalist to require the regulations to state that anyone conducting a storm water inspection must be certified. However, the EPA knew this would be too stringent of a requirement for the construction industry so they agreed to use the term qualified. Now, no matter how hard you research, your not going to find a true definition of the term qualified and that appears to be on purpose also. The definition your most likely to come across is “an individual who is knowledgeable about the SWPPP, BMP’s and the general permit (regulations). I don’t know about you but knowledgable seems to be a relative term doesn’t it? I mean if you know a little about storm water and the city inspector knows a little about storm water, wouldn’t the inspector consider you well educated if you could meet his education level also. But, take the same ”qualified” site representative and place him next to an EPA storm water enforcement officer and relative becomes a little more important. 

Another confusing aspect of ”qualified” is the reality that the expectations for qualified are different all across the nation. However, as each state and municpality becomes more educated through seminars, convention courses, associations and a handful of accredited courses, they are raising the bar on the expectations of “qualified”. This really is great for our industry. A higher level of compliance is now expected which ultimatly achieves better water quality. Now, to answer the question in your mind ”is he going to provide a definition of qualified…or not”. Yes, it is my experience that a solid education to become a qualified storm water inspector is 8 hours of storm water training with an exam. This training course should be tailored to your specific industry (commercial, industrial, home building, etc,.) and it should also involve spending time in the field, with the educator walking you through examples of compliance and non-compliance. Those of us who offer this course will often provide a certificate of attendance, but this is not to be confused with being “certified”. Now, for the transition…

 How does one become certified? This is a fairly strait forward answer, research your state regulations and see if the state offers a course or requires a course that achieves (in their minds) a certification. Once you take this course and pass you will then be certified in that specific state. However, the state specific certification course (Florida, Delaware, Georgia, etc.,) are normally not transferable. Example, “what do you mean I’m not certified here in New Jersey, I took the two day course in Florida”. Most states have written their own storm water general permit (regulations) and even though they all offer similarities, they are not the same. The approach for achieving compliance is very different in Florida where rain often falls every afternoon vs. the 3 inch down pour that is experienced in most parts of Texas. Thus, your everyday practices and BMPs are going to be different.  

What is important to note, is I have not mentioned the EPA requiring a certification. At this time the EPA does not require a certification, but only qualified personnel. It should be important to also note, that this soon may change. The EPA is about to release the Effluent Limit Guidelines (amending their storm water regulations) and this ELG may offer some form of clarity or requirement for storm water education. I will also add that the Clean Water Act is not going away and time will only allow more stringent requirements for storm water compliance and storm water training. I encourage you, if your in the construction, no matter your title or pay grade, learn storm water. It will only add to your resume and your credibility.

Congratulations, you made it to the end…see you next month when we chat about the pros and cons of inspection frequency.

Which leads me into the facts of SWPPP preparation. SWPPP or SWP3 stands for storm water pollution prevention plan. It is also known in some parts of the country as Storm Water Management Plan (SWMP) or Erosion Control Plan (ECP) . The later of the three (ECP) is very confusing, because most civil drawings have an ECP, but as you will read below, it will not meet the requirements set forth by the EPA in the Clean Water Act. I  thought it would be naive on my part to assume everyone understands this acronym because the law has been passed for well over a decade on the requirements of having a SWPPP, but each week I find myself engaged in the elementary education of storm water compliance.

If I may, let me first start with what is not a SWPPP….a SWPPP is not one or two sheets labeled in a set of civil engineering plans titled SWPPP or Erosion Control Plan. If one was to be literal then yes, this could be classified as a SWPPP, but it would be important to note, this SWPPP would be grossly deficient. A SWPPP is not a copy of the state regulations with a bit of jargon addressing the BMPs used on-site and a map stuffed in a 3 ring binder. Even though this may seem to be common sense to many of us who have been in the market a while, I am still amazed at how many civil engineers, general contractors and even city officials who still don’t understand this portion of the Clean Water Act.

Most SWPPPs are a one or two inch binder containing the exact plan for preventing pollution from leaving your site when it rains. It will cover the plan of action for every phase (clearing, grading, paving, vertical construction, etc.) and also lay out the exact details of which Best Management Practices (BMP) will be used during each phase. The SWPPP has pages in it that must be executed by an officer of the company (delegation letter, Notice of Intent, etc.) and once it reaches the site, the SWPPP supercedes the drawing in the civil plans titled erosion control plan. In fact, I am actually confused on why ECP’s are still in the requirements, but that is a conversation for another day….

Let me end my posting with providing you a link to the EPA’s website for understanding storm water compliance. They are the best source to ask and don’t be fooled by someone calling themselves a consultant. Our industry has yet to set forth a formal education process and the field is full of “quick start ups” who think they can be Storm Water Consultants. There is an enromous amount of liability tied to storm water compliance, so be sure you have done your research on  your consulting or SWPPP preparer.

http://cfpub.epa.gov/npdes/stormwater/swbasicinfo.cfm

Josh Phillips, CESSWI