The Stormwater Blogs

The Blogger

Katherin Steinbacher President and owner of KSPE Consultants

Katherin Steinbacher

June 2nd, 2008 2:05pm PST

SWPP Compliance on the Construction Site

Posted By Katherin Steinbacher 1 Comment
Today’s contractor is faced with many new challenges never before seen in the construction industry, not the least of which are the rising costs of materials, lack of experienced and motivated labor forces, integration of new and quickly changing technology, and meeting accelerated deadlines with alternative project delivery methods. And yet, sometimes the biggest challenge a contractor faces is complying with numerous environmental regulations, especially as the US Environmental Protection Agency (EPA) lists construction stormwater runoff as a top enforcement priority through 2010 and beyond. Industry wide, construction operators are steadily becoming more aware of their responsibilities regarding stormwater pollution prevention (SWPP) and erosion control, and in turn, they are working toward the goal of industry compliance. But, many contractors are confused about their legal liabilities and responsibilities and don’t know what to do to ensure compliance with environmental regulations. Learning that they are currently liable for up to millions of dollars in fines and years in prison will most certainly help to ensure prompt compliance efforts. This plan for compliance is laid out in the 59-page document entitled “Construction General Permit” (CGP) issued by the EPA, and updated most recently in 2005 (although a new CGP is expected in 2008). In brief summary of the CGP, contractors are responsible for the following practices on any project over one acre in area. The construction operator, or contractor, must prepare and submit a Notice of Intent for the National Pollutant Discharge Elimination System (NPDES) permit and an associated stormwater pollution prevention plan (SWP3) to the project’s environmental regulatory agency, usually the state department of health, environment or division of natural resources, although the EPA retains inspection and enforcement rights throughout the life of the project. The approval and subsequent veracity of this permit is contingent upon the successful completion of all other practices. The operator must also notify the project’s regulatory agencies for historical preservation and wildlife. The operator must install and maintain all best management practices (BMPs) indicated on the SWP3 in the intent in which they were designed. The operator must perform regular self-inspections and maintain detailed records and is also responsible for providing SWPP and erosion control training to its management and field employees. Although as a whole the US construction industry has made long strides in its compliance efforts, many contractors still do not have a thorough understanding of these responsibilities and as such leave themselves open to huge risk.

 

What Do You Think?

Post a Comment

msams

September 29th, 2008 10:03 AM PT

I believe you are correct in staying that contractors do not have a thorough understanding of the CGP, unlike our National Homebuilders; partly because regulatory enforcement has been scarce on this side of the industry. As the residential market continues to slow, Florida and Georgia have seen a swing in focus though. It's no longer a matter of 'if' it's a matter of 'when' will a GC's site receive a regulatory visit.

Post a Comment

Not a subscriber? Sign Up
 
 
*  
 




 

Get Stormwater E-mail Updates!

Get weekly news and updates through our Stormwater e-mail newsletter!