Let us offer a quick overview of what is storm water compliance and why it is needed.
It was recently reported on businessbrief.com (see link below) that the EPA is focusing even more efforts on storm water compliance enforcement. Merit has been conducting storm water training for 8 years and it has become apparent that the EPA follows through on their comments. There are already many large and medium home builders and contractors who have felt the pains associated with not understanding or implementing a proper storm water compliance program and each week we receive calls from customers needing our assistance with enforcement.
Let us take a quick explanation on what is storm water compliance and how it came about. Please feel free to visit our blog for deeper discussions on compliance. Storm water compliance is a result of the 1972 Nixon Administration Clean Water Act (CWA)which led to creating the National Pollution Discharge Elimination System (NPDES). The NPDES is a set of national regulations enforced by the EPA. The goal of NPDES is to make 100% of our streams fishable and swimmable. The EPA realized that the scope of enforcing these regulations was grand and has extended the opportunity for states and now local municipalities to write their own version of the NPDES regulations that are equal to or greater than the requirements set forth in the NPDES regulations, therefore assisting the EPA in enforcement of the CWA. At first, industrial manufacturers were the target and recipient of enforcement but as time passed, the EPA realized that the pollutants leaving construction sites were also a large contributor to poor water quality test. Thus, construction was specifically targeted in 1992 with the implementation of Phase 1 regulations (construction greater than 5 acres). Then in 2003 Phase 2 was implemented which now included sites greater than 1 acre or part of common plan of development greater than 1 acre. We address the specifics of these requirements in our NPDES training course, but as a rule of thumb, if you are building a construction project that is disturbing 1 or more acres, you need to include SWPPP preparation in your budget.
From here on out things get a little more complicated as the State has now passed on some responsibility to municipalities and the municipalities can now enforce your proejct with a heavy hand also. It used to be said that the EPA was the “heavy hitter” with fines as much as $32,500 per day per violation. But times have changed and the States and municipalities have the ability to levy fines (civil or judicial) that can cripple a company. Texas has a process that is not only associated with financial penalties, but also a numerical score associated with your compliance history, rank below a certain score and good luck filing for a general permit on a construction site. Your company will have to file for an individual permit that could take 365 days before approval is granted. That would be devestating to be required to set on a piece or property or lot for over a year before construction could occur.
Once a SWPPP is prepared for your site, Best Management Practices (BMPs) need to be installed on your site. This is the silt fence, rock entrance, inlet covers and so forth that is used to prevent pollutants from leaving your site. Once BMPs are installed on site, the first SWPPP inspection should occure within 7 or 14 days (depending on regulations). What is important to know is that the education level required to conducts these inspections is different thoroughout the US and even within the same metropolitan area. Some cities require a CESSWI/CISEC certified individual and some have decided to stay with the generic definition of “qualified personnel”. However, over the past several years, the bar for qualified has been raised as more and more, state and local enforcement/inspectors are educated. No longer can one get away with saying they have “20+ years of construction experience”, specific storm water training is available and this differs from knowing how to build a home or building.
There is a lot of information we have not provided or covered such as permit filing, swppp implementation, posting notices, required inspection information, etc., however please feel free to contact us and hopefully this provides you with a start on your storm water compliance education.
It was recently reported on businessbrief.com (see link below) that the EPA is focusing even more efforts on storm water compliance enforcement. Merit has been conducting storm water training for 8 years and it has become apparent that the EPA follows through on their comments. There are already many large and medium home builders and contractors who have felt the pains associated with not understanding or implementing a proper storm water compliance program and each week we receive calls from customers needing our assistance with enforcement.
Let us take a quick explanation on what is storm water compliance and how it came about. Please feel free to visit our blog for deeper discussions on compliance. Storm water compliance is a result of the 1972 Nixon Administration Clean Water Act (CWA)which led to creating the National Pollution Discharge Elimination System (NPDES). The NPDES is a set of national regulations enforced by the EPA. The goal of NPDES is to make 100% of our streams fishable and swimmable. The EPA realized that the scope of enforcing these regulations was grand and has extended the opportunity for states and now local municipalities to write their own version of the NPDES regulations that are equal to or greater than the requirements set forth in the NPDES regulations, therefore assisting the EPA in enforcement of the CWA. At first, industrial manufacturers were the target and recipient of enforcement but as time passed, the EPA realized that the pollutants leaving construction sites were also a large contributor to poor water quality test. Thus, construction was specifically targeted in 1992 with the implementation of Phase 1 regulations (construction greater than 5 acres). Then in 2003 Phase 2 was implemented which now included sites greater than 1 acre or part of common plan of development greater than 1 acre. We address the specifics of these requirements in our NPDES training course, but as a rule of thumb, if you are building a construction project that is disturbing 1 or more acres, you need to include SWPPP preparation in your budget.
From here on out things get a little more complicated as the State has now passed on some responsibility to municipalities and the municipalities can now enforce your proejct with a heavy hand also. It used to be said that the EPA was the “heavy hitter” with fines as much as $32,500 per day per violation. But times have changed and the States and municipalities have the ability to levy fines (civil or judicial) that can cripple a company. Texas has a process that is not only associated with financial penalties, but also a numerical score associated with your compliance history, rank below a certain score and good luck filing for a general permit on a construction site. Your company will have to file for an individual permit that could take 365 days before approval is granted. That would be devestating to be required to set on a piece or property or lot for over a year before construction could occur.
Once a SWPPP is prepared for your site, Best Management Practices (BMPs) need to be installed on your site. This is the silt fence, rock entrance, inlet covers and so forth that is used to prevent pollutants from leaving your site. Once BMPs are installed on site, the first SWPPP inspection should occure within 7 or 14 days (depending on regulations). What is important to know is that the education level required to conducts these inspections is different thoroughout the US and even within the same metropolitan area. Some cities require a CESSWI/CISEC certified individual and some have decided to stay with the generic definition of “qualified personnel”. However, over the past several years, the bar for qualified has been raised as more and more, state and local enforcement/inspectors are educated. No longer can one get away with saying they have “20+ years of construction experience”, specific storm water training is available and this differs from knowing how to build a home or building.
There is a lot of information we have not provided or covered such as permit filing, swppp implementation, posting notices, required inspection information, etc., however please feel free to contact us and hopefully this provides you with a start on your storm water compliance education.
http://www.businessbrief.com/more-epa-fines-coming-thanks-to-obama-budget-increase/