QUOIN: Safety Online

New Storm Water Postings
Since March 5, 2003, the TCEQ has been responsible for implementing the EPA's Phase II Storm Water rules in the Construction Industry on small and large construction projects. While North Texas area has not seen much enforcement action from the State since the implementation of TXR150000, the Construction General Permit for Storm Water Discharge, we believe they will be taking enforcement actions in the near future.
As part of the permit, the permittees are to identify where a copy of their SWPPP can be found. On small construction projects (1 to 4.99 acres) this information can be found on the Construction Site Notice (or CSN), which is required to be posted in a conspicuous place on your project. However, on the large construction project (5 acres or greater) that requires a Notice Of Intent (or NOI), there is no area on the NOI form for this information. QUOIN has been notifying contractors to post the CSN along with the NOI on larger projects.
TCEQ recently created a document that notifies of the location of the SWPPP. This new document is called Construction Site Notice Part II.D.3. This is practically the same CSN as the Part II.D.2, but without the Certification language at the bottom of the page. On large construction projects, a copy of your NOI and the CSN Part II.D.3 should be posted in a conspicuous place on your project. To view and print a copy of the Construction Site Notice, click here.

Surviving a Storm Water Enforcement Inspection
Storm Water is defined as rainfall runoff, snowmelt runoff, and surface runoff and drainage. Although it is a necessary part of the natural water cycle, storm water can also be an environmental concern. As it flows over the land, storm water can collect contaminants, such as sediment, toxics, and nutrients. These contaminants, when discharged into the surface water, can degrade water quality and the health of surrounding plants and animals. For this reason, the 1987 amendments to the Clean Water Act required the U.S. Environmental Protection Agency (EPA) to develop regulations for storm water discharges as part of the National Pollutant Discharge Elimination System (NPDES) Program.
Construction projects that require a NPDES permit from the EPA are subject to inspections by enforcement personnel from either EPA and/or holders of Municipal Separate Storm Sewer Systems (MS4) permits issued by EPA. The later are cities with a population of over 100,000 and are required to enforce the conditions of the NPDES permit. This situation will be compounded in 2003 when TNRCC will issue the (TPDES) Texas Pollutant Discharge Elimination System Program, and will field their own enforcement staff.
The best management practices (BMPS) that are designed for your projects are to prevent erosion and retain sediment on the site or filter that sediment before it enters the interceptor sewers and ends up in local rivers. Your NPDES permit allows storm water runoff from your site, but only under the aforementioned conditions. EPA and MS4 enforcement officers take their responsibilities under the federal Clean Water Act very seriously.
The QUOIN staff has participated in numerous inspections, and regularly become involved in the EPA Administrative Orders or municipal citations that result from the enforcement inspections. Keep in mind that the potential fines for violating the terms of an NPDES permit can be up to $27,500 per violation for each day the situation has existed. MS4 citations vary from city to city, but can be $2000 or more per violation and are criminal misdemeanors. Citations are usually given to the field personnel designated as the storm water inspector. Non-compliance of permit requirements on your job could result in a criminal record.
In the event there is a storm water inspection at your job, here are some suggestions, based on our experience; you may want to keep in mind:

Treat the inspectors with respect and accede to their desires. They have the authority to shut down the job, or even have you arrested, should it come to that.

Avoid being drawn into a heated discussion or lose your temper.

Keep accurate notes of the each item discussed during the inspection, even during the walkthrough. These will be most useful if an administrative order results and may not appear for months after the event.

Have a camera on hand to record the conditions on the site. Inspectors will photograph the site and while it may not be feasible to take photos during the inspection, it is wise to do it.

Inspectors will place special attention on the paperwork required to be part of the Storm Water Pollution Prevention Plan (SWPPP). You must keep the plan up to date and insure that it reflects conditions on the site. (If you move a BMP to perform work nearby, note it on the plan. When you put it back note the time and date. There have been instances where the inspection occurred in this situation that resulted in a citation.)

The site plan must reflect specifically when the various phases of the project occur, especially those related to dirt work. EPA inspectors may ask for all trades. It is suggested that you keep a current schedule in the SWPPP indicating when the trades started and stopped.

The site plan, also called a drainage plan, must reflect a true depiction of the site at all times down to the location of the dumpsters (which must be covered) and the portalets. Remember, "if it is on the site, it needs be on the site plan and visa versa."

Avoid twofors. If there are deficiencies in the SWPPP, EPA inspectors will often cite your company for not having qualified inspectors. Their reasoning -- a qualified inspector would have known the SWPPP was not complete.

The permit requires you to maintain a neat, clean job site to the extent possible. It makes no sense to be cited for lunch trash. Provide containers and advise your labor force to use them.

Inspectors require the SWPPP to name the specific companies that have been contracted to haul trash and provide portalets.

You must have a designated concrete washout that is lined and protected from runoff. On larger projects those drivers will clean their trucks wherever they happen to stop. Be observant during pours to insure they go to the designated area.

Offsite "tracking" aka dirt in the street is the primary source of citizen complaints that lead to most inspections. You must insure that the rock at your construction entrance is kept clean and replaced when totally crushed. If mud or dirt has been tracked onto the street, make the clean up a priority issue.

If the required inspections indicate that BMPs are silted up, the permit requires you to clean them out as soon as feasible. You need to be aware of these situations and deal with them promptly, it will be noticed during an inspection.

Chemical, fuel and solvent containers should be tightly sealed and kept off the ground by using pallets or other devices. Storage areas should be protected by silt fence or absorbing material. OSHA requires "No Smoking" signs and a fire extinguisher in areas containing fuels.

If borrow is to be stored on the site, it should be protected from heavy rains.

Finally, try not to invite an inspection. Many times, dirt is seen all around the perimeter, the silt fence down in some areas, and the construction entrance rock full of sediment if the rock is there at all.

The key to a positive outcome from a storm water inspection is to protect exposed areas to prevent erosion and sediment runoff; having a complete SWPPP that complies with the mandates contained in the NPDES permit; and by your words and actions convincing the inspector that you truly care about the environment and you want it protected.

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