Housekeeping Issues Housekeeping Issues Call ll 86 866. - - PDF document

Session ssion O One: e:

Ov Overcom ercoming Im Implem plemen entation tation Is Issu sues es

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• S. Wayne Rosenbaum, Esq.
• S. Wayne Rosenbaum, Esq.

Shaun Flater, CPSWQ, CPESC Shaun Flater, CPSWQ, CPESC

Housekeeping Issues Housekeeping Issues

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New Permit Registration Procedures Design and Construction Requirements by

Risk Level

Post Construction Standards Notice of Termination Annual Reporting Requirements Grandfathering Provisions Liability Reduction Strategies

Receiving Water Receiving Water Risk Factor Risk Factor Receiving Water Receiving Water Risk Factor Risk Factor Wor Worksheet sheet Wor Worksheet sheet

Agua Hedionda

Buena Vista

Los Pe Los Penasqu squitos tos Sa San Elijo n Elijo

Rainfall-Runoff Erosivity Factor R is an indication of the amount of rainfall and peak intensity sustained over period Soil Erodibility Factor

Sandy soils= low K values (<0.2) Silt loams = medium values (<0.4) Clay soils – high values (>0.4)

Slope Length Factor

Computes the effect of slope length and steepness on erosion Budget concerns Enforcement concerns Third-party / NIMBY considerations CEQA considerations Importance of thorough back-up information Potential effects on LEED rating considerations

Subdivide your project

• Sub-basin analysis
• Level 3 Risk areas under thirty acres

Devel velopm pmen ent, A Amen endi ding an and Re d Revi vising Proc

• cedu

edures es Increased costs for a Qualified SWPPP Developer

• Higher level of expertise
• Higher level of liability

Four for formal al ph phas ases es of c

• f constru

tructi tion

• n

Site specific and now phase specific consideration of BMPs in the SWPPP 1. Grading and Land Disturbance 2. Streets and Utilities 3. Vertical Construction 4. Post-Construction Ri Risk L Level vel 10 categories of site specific BMPs with each Risk Level having variable requirements per category De Develo lopment o

• f a S

a Spill R ill Resp sponse se and and Imp Implementation Plan Plan Spill kits

• Sizing
• Chemistry
• Location

Trained personnel

• Documentation

Formal MSDS record keeping and proper response knowledge/procedure

• Greater involvement of sub-contractors
• Contractual obligations
• Enforceability
• Indemnity/bonding/self help

CPESC CPSWQ PE PG PH

De Desi sign Co gn Cons nsiderat ations ns

1. New Requirements for the Design of Sediment Basins

• Requirements for an Effective Sediment Basin
• Requirements for a Design Discharge Sediment Basin

2. Design run-on measures to direct/convey run-on drainage away from disturbed areas

• Moving water from traditional water course
• Civil liability
• Streambed alteration agreements

3. Design mass grading with the consideration of a phased approach

Co Const nstruct uction Co Cons nsiderat ations ns

1. Construction schedule will have to take into account the rainy season and type of rainy season 2. Adaptive installation and strategic implementation for wind, source, sediment, erosion and drainage control BMPs 3. Limitation on plastic materials (visqueen, silt fence, fiber rolls, polyurethane gravel bags) 4. Increased inspection costs

• Certified inspector
• Increased frequency (weekly for the year!)
• Increased inspection duration (both in the field and office time)

5. Increased maintenance costs

• More expensive materials
• More frequently replaced

CESSWI CPESC

Numeric Effluent Standards Good Housekee ping BMPs

Waste Management Vehicle Storage and Maintenance

Landscape material Potential Pollutant Sources

Non-Storm Water Management

Erosion Control Sediment Control Run-on & Runoff Control

None

Inventory of products No disposal of rinse or wash water Prevent oil, grease, or fuel leaks Cover and berm all stockpiles Conduct weekly assessment of Potential pollutant sources: Must implement BMPs to control non- storm water discharges Implement wind erosion BMPs Implement and maintain effective perimeter controls

• 1. Evaluate

the quantity and quality of run-on and runoff Through

• bservation

and sampling. Cover and berm stockpiles 2⁰ containment

• f toilets

All equipment & vehicles to be properly stored with BMPs Water tight and 2⁰ containment

• f fertilizers

Effective soil cover for: 1.Inactive areas 2.Finished slopes 3.Open space 4.Utility backfill 5.Completed lots Sediment Basins must be designed by Appendix 2. Water tight and 2⁰ containment

• f chemicals

Inspect toilets for leaks and spills Parking lot locations must have BMPs No application

• f erodible

material within 2 days of a forecasted event

• A. Consider

quantity, physical characteristics location Wash vehicles in a way that prevents discharges

• 2. Run-on

from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the EFFLUENT LIMITATIONs OF THE PERMIT Tracking BMPs Cover all waste containers Clean leaks immediately and dispose

• f material
• B. Consider

exposure to storm water (direct & indirect) Clean Streets in a way that prevents discharges Procedures for hazardous materials

• C. Ensure &

document effectiveness

• f BMPs that

are to prevent discharges

• f pollutants

Limit plastic materials – if necessary, use plastic materials that are resistant to solar degradation

Develop a spill response and have materials available ON SITE Proper containment

• f concrete

washouts

Design Co gn Cons nsid iderations ns

1. Greater emphasis on directing/conveying drainage within and away from the site 2. Emphasis on cut slope design 3. Emphasis on effective and proper hydroseed specifications

Co Cons nstruc uction Co Cons nsid idera eratio ions

1. Numeric Action Limit Sampling (pH and Turbidity)

• Increased enforcement potential
• Increased emphasis on proper sampling procedures and personnel
• Mandatory minimum penalties for failure to file reports

2. Development of the Rain Event Action Plan (REAP)

• Event spe

specif ific ic R REAP

• 50% chance of rainfall
• Prepared by a certified professional
• Mandatory minimum penalties for failure to prepare a REAP
• Mandatory minimum penalties for failure to maintain
• Records

46 Events = 46 REAPs

Numeric Effluent Standards Good Housekeeping BMPs Waste Management Vehicle Storage and Maintenance Landscape material Potential Pollutant Sources

Non-Storm Water

Management Erosion Control Sediment Control Run-on & Runoff Control

NAL

Inventory of products No disposal of rinse or wash water Prevent oil, grease, or fuel leaks Cover and berm all stockpiles Conduct weekly assessment of Potential pollutant sources: Must implement BMPs to control non- storm water discharges Implement wind erosion BMPs Implement and maintain effective perimeter controls

• 1. Evaluate

the quantity and quality of run-on and runoff Through

• bservation

and sampling.

pH: 6.5 – 8.5

Cover and berm stockpiles 2⁰ containment

• f toilets

All equipment & vehicles to be properly stored with BMPs Water tight and 2⁰ containment

• f fertilizers

Effective soil cover for: 1.Inactive areas 2.Finished slopes 3.Open space 4.Utility backfill 5.Completed lots Sediment Basins must be designed by Appendix 2.

Turbidity: 250 NTU

Water tight and 2⁰ containment

• f chemicals

Inspect toilets for leaks and spills Parking lot locations must have BMPs No application

• f erodible

material within 2 days of a forecasted event

• A. Consider

quantity, physical characteristics location Wash vehicles in a way that prevents discharges

• 2. Run-on

from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the EFFLUENT LIMITATIONs OF THE PERMIT Tracking BMPs Cover all waste containers Clean leaks immediately and dispose

• f material
• B. Consider

exposure to storm water (direct & indirect) Clean Streets in a way that prevents discharges Procedures for hazardous materials

• C. Ensure &

document effectiveness

• f BMPs that

are to prevent discharges

• f pollutants

Limit plastic materials – if necessary, use plastic materials that are resistant to solar degradation

Develop a spill response and have materials available ON SITE Proper containment

• f concrete

washouts

Numeric Effluent Standards Good Housekeeping BMPs Waste Management Vehicle Storage and Maintenance Landscape material Potential Pollutant Sources

Non-Storm Water

Management Erosion Control Sediment Control Run-on & Runoff Control

NAL

Inventory of products No disposal of rinse or wash water Prevent oil, grease, or fuel leaks Cover and berm all stockpiles Conduct weekly assessment of Potential pollutant sources: Must implement BMPs to control non- storm water discharges Implement wind erosion BMPs Implement and maintain effective perimeter controls

• 1. Evaluate

the quantity and quality of run-on and runoff Through

• bservation

and sampling.

pH: 6.5 – 8.5

Cover and berm stockpiles 2⁰ containment

• f toilets

All equipment & vehicles to be properly stored with BMPs Water tight and 2⁰ containment

• f fertilizers

Effective soil cover for: 1.Inactive areas 2.Finished slopes 3.Open space 4.Utility backfill 5.Completed lots Sediment Basins must be designed by Appendix 2.

Turbidity: 250 NTU

Water tight and 2⁰ containment

• f chemicals

Inspect toilets for leaks and spills Parking lot locations must have BMPs No application

• f erodible

material within 2 days of a forecasted event

• A. Consider

quantity, physical characteristics location Wash vehicles in a way that prevents discharges Animation

• 2. Run-on

from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the EFFLUENT LIMITATIONs OF THE PERMIT Tracking BMPs Cover all waste containers Clean leaks immediately and dispose

• f material
• B. Consider

exposure to storm water (direct & indirect) Clean Streets in a way that prevents discharges Procedures for hazardous materials

• C. Ensure &

document effectiveness

• f BMPs that

are to prevent discharges

• f pollutants

Limit plastic materials – if necessary, use plastic materials that are resistant to solar degradation

Develop a spill response and have materials available ON SITE Proper containment

• f concrete

washouts

De Desig sign C Conside iderat atio ions

1. Major emphasis on micro-grading and phased grading

• Multiple simultaneous risk levels

2. Major emphasis on design-related scheduling based construction activities per the rainy season

Dec - Feb Feb - Apr

• 1. Numeric Effluent Limit Sampling (pH and Turbidity)
• Major increase in enforcement potential (NEL violation report, etc.)
• Increased emphasis on proper sampling procedures and personnel
• Mandatory Minimum Penalties for exceedances, failure to sample and failure to report
• Citi

tizen en zen enforcement ement

2.

• 2. Bioa
• asse

ssessm ssmen ent sa t samplin ling a and a d analysis ( is (gre reater th than 30 a 30 acre res) s)

• Major increase in consulting costs
• Potential delay in construction due to findings
• Potential pathway for NIMBY / third parties to delay or stop construction
• Liability under the CWA
• Access and safety issues
• 3. Must implement appropriate erosion control BMPs for areas under ACT

ACTIVE VE CONS NSTR TRUCTIO TION

• 1. Increased SFM or BFM costs
• 2. Greater frequency of stop work periods several days prior to a rain event
• 3. Greater emphasis to project management and scheduling
• 4. RWQCB may require additional site-specific sediment control BMPs
• 5. Quarterly inspection documentation

Numeric Effluent Standards Good Housekeeping BMPs Waste Management Vehicle Storage and Maintenance Landscape material Potential Pollutant Sources

Non-Storm Water

Management Erosion Control Sediment Control Run-on & Runoff Control

NAL

Inventory of products No disposal of rinse or wash water Prevent oil, grease, or fuel leaks Cover and berm all stockpiles Conduct weekly assessment of Potential pollutant sources: Must implement BMPs to control non- storm water discharges Implement wind erosion BMPs Implement and maintain effective perimeter controls

• 1. Evaluate

the quantity and quality of run-on and runoff Through

• bservation

and sampling.

pH: 6.5 – 8.5

Cover and berm stockpiles 2⁰ containment

• f toilets

All equipment & vehicles to be properly stored with BMPs Water tight and 2⁰ containment

• f fertilizers

Effective soil cover for: 1.Inactive areas 2.Finished slopes 3.Open space 4.Utility backfill 5.Completed lots Sediment Basins must be designed by Appendix 2.

Turbidity: 250 NTU

Water tight and 2⁰ containment

• f chemicals

Inspect toilets for leaks and spills Parking lot locations must have BMPs No application

• f erodible

material within 2 days of a forecasted event

• A. Consider

quantity, physical characteristics location Wash vehicles in a way that prevents discharges

• 2. Run-on

from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the EFFLUENT LIMITATIONs OF THE PERMIT

NEL

Tracking BMPs Cover all waste containers Clean leaks immediately and dispose

• f material
• B. Consider

exposure to storm water (direct & indirect) Clean Streets in a way that prevents discharges

pH: 6.0 – 9.0

Procedures for hazardous materials

• C. Ensure &

document effectiveness

• f BMPs that

are to prevent discharges

• f pollutants

Limit plastic materials – if necessary, use plastic materials that are resistant to solar degradation

Turbidity: 500 NTU

Develop a spill response and have materials available ON SITE Proper containment

• f concrete

washouts

When is it required? Design Considerations

• Designed and approved by a certified professional
• Operation and Maintenance Plan
• Sampling and Reporting QA/QC Plan
• Knowledgeable and trained personnel
• Non-compliance reporting

Batch vs. flow through

Construction Considerations

• Daily, on-site personnel and
• perations management

(e.g., filtration, residuals, instrumentation)

• Sampling requirements

Permits and Penalties

• NPDES Discharge permits?
• Penalties

Ch Chemi emical cal Coag Coagulati ation / / Floc

• ccu

culati tion

• n

Filt iltra ration

For For Pr Proj

• jects

ts cov covered by a G Gene nera ral Mu l Munic nicipal S l Stormwa mwater P er Permit rmit

• Transfer of responsibility

For For Pr Proj

• jects

ts no not co covered vered by a by a Ge Gene neral M Munici cipal pal Stor Stormw mwater Pe Permit

• > 2

> 2 acres res

• Replicate the pre-project vo

volu lume me of runoff for storms up to the 85th percentile storm event

• < 2 acr

2 acres

• Preserve the pre-project dra

drainage den density ity for all drainage areas within the project area serving a first order stream

• All p

All projec ects ts

• Ensure that the post-project time of concentration > pre-project time of

concentration

• Design structural measures
• Geotechnical costs
• Structural BMP costs
• Excavation and construction costs (hauling dirt or importing costs)
• Maintenance costs
• Operation and maintenance agreements with lease-holders

Co Conflic nflicting p ting polic licy b between tween water water con conservation ervation an and water qu d water quality ality

• Sale or transfer
• Traditional Notice of Termination
• Methods
• 70% vegetative coverage
• RUSLE2 method
• Custom Method
• Long-term Maintenance Plan
• Legal agreement
• Enforcement liability / responsibility
• Conflicting authority between municipalities and

water boards

• Prepare and electronically submit by September 1
• f each year
• Summary of sampling results, corrective actions,

compliance activities, documentation of trained individuals, etc.

• Submittal through CIWQS
• Potential new pathway for enforcement
• Greater emphasis on proper record-keeping
• Greater emphasis on ‘truthfulness’ and inspection

accuracy

• Mandatory minimum penalties for failure to

report or to fully report

• Citizen suits

Eligibility Two years at tier 1

• Advantages and disadvantages

Selection of Professionals Contractual Indemnities

• SWPPP Developer
• SWPPP Implementer
• Contractors

Third Party Audits

• Field inspections
• Paper Audits
• Sampling Audits

• Adequate Notice
• Permit as a Shield
• Upset-exceptional incident
• Bypass-protection of life or property
• Statute of limitations
• Laboratory error

Courts are divided

• S. Wayne Rosenbaum, Esq.

619.685.6413 srosenbaum@foley.com Shaun Flater, CPSWQ, CPESC 858.583.0649 sflater@whitsoncm.com