California Construction General Permit Web Conference

Transcription

1 California Construction General Permit Web Conference Session IV: New Regulations of the Rain Event Action Plan (REAP) Wednesday, January 27, :00 p.m. 1:30 p.m. For audio participation Dial: ; Passcode Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but Presenter Wayne S. Rosenbaum Partner Foley & Lardner LLP Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

2 Presenter Kelly Doyle, CPESC Environmental Specialist Rick Engineering Company Presenter Jayne Janda-Timba, PE Associate Rick Engineering Company Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

3 Presenter Shaun Flater, CPSWQ, CPESC Division Manager Whitson CM Inc. Presenter David Roberts, PhD Environmental Scientist Nautilus Environmental Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

4 Housekeeping Materials are available on our Web site at or simply click the print icon on the bottom right hand side of your screen to print to a PDF. Call for technology assistance Dial *0 (star/zero) for audio assistance Ample time for live Q & A will be allotted at the end of the formal presentation We encourage you to Maximize the PowerPoint to Full Screen Usage: - Hit F5 on your keyboard Presentation Outline Regulations for the Rain Event Action Plan (REAP) Monitoring and Recording for Qualifying Rain Events (QREs) Legal Considerations Regarding Documentation for Rain Events Thoughts and Suggestions for Successful Rain Event Implementation Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

5 Rain Event Action Plan (REAP) The REAP and other Rain Event Documentation REAP Road Map of Organization / Implementation Pre-Storm Inspection and Documentation During-Storm Inspection and Documentation Analytical Analysis Inspection, Maintenance, and Repair Construction Site Monitoring Program Post-Storm Inspection and Documentation Rain Event Action Plan (REAP) When is a REAP necessary? DWQ DWQ, Risk Level 1 Risk Level 2 and Risk Level 3 projects Not Risk Level 1 Not linear projects 48hrs prior to > 50% of Precipitation Specific to each rain event and current phase of construction (Grading, Streets/Utilities, Vertical, and Final Stabilization) What happens if probability changes during 48 hour window? Weekends Holidays 46 Rain Events = 46 REAPs Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

6 Rain Event Action Plan (REAP) Where can I find a REAP template? Who can prepare the REAP? Qualified SWPPP Practitioner (QSP) Qualified SWPPP Developer (QSD) Certified Erosion, Sediment, Storm Water Inspector Certified Inspector in Sediment and Erosion Control REAP must be onsite no later than 24hrs prior to rain event Can you be ready in 24 hours? Weekends Holidays Must maintain a copy of each REAP onsite Rain Event Action Plan (REAP) REAP Requirements Must document each active phase of construction Construction activities for each phase Trades active during each construction phase Trade contractor information Suggested actions for each construction phase Includes inactive construction sites Inactive areas of construction are areas of construction activity that have been disturbed and are not scheduled to be re-disturbed for at least 14 days. Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

7 Rain Event Action Plan (REAP) REAP Requirements cont. Minimum Site Information Site address Calculated Risk Level (2 or 3) Site Storm Water Manager Information Erosion Control Contractor Information Storm Water Sampling Agent Information Visual Monitoring for Qualifying Rain Events Visual Monitoring Requirements Pre-storm and Post-storm Regulations = Construction Site Monitoring Program (Attachment C, D and E: Section I) During storm Regulations = Inspection, Maintenance and Repair (Attachment C, D and E: Section G) Required for all Risk Levels Inspectors to be QSP (QSD) or trained by QSP Documentation of training During business hours only Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

8 Visual Monitoring for Qualifying Rain Events Required 48hrs prior to the qualifying rain event Inspect all drainage areas to identify spills, leaks, or uncontrolled pollutants Implement and document all corrective actions Inspect all BMPs to identify proper implementation Implement and document all corrective actions Inspect storm water containment areas for presence or absence of floating litter/trash, sheens, discolorations, turbidity, odors Documentation Results Photos Certification under penalty of perjury Visual Monitoring for Qualifying Rain Events Required during the qualifying rain event Conduct inspections each 24hr period Identify and record BMPs that need maintenance Identify and record BMPs that failed or that could fail Good Bad Ugly Document repair, modification, and implementation of BMPs Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

9 Visual Monitoring for Qualifying Rain Events Required during the qualifying rain event (cont.) Complete Inspection checklist Inspection date, date inspection was written Weather information, estimate of beginning of rain event, duration, time elapsed since last storm, amount of rainfall Site information (phase, area exposed during grading) BMPs evaluated and any deficiencies Erosion control Sediment control Drainage control Chemical/waste control Non-storm water control Inspection/observations at all discharge points and downstream locations Maintenance activities Corrective actions taken & photo documentation Sampling and Analysis Overview for Qualifying Rain Events Risk Level 2 and Risk Level 3 storm water sampling guidelines Minimum 3 grab samples/day of discharge per discharge location Minimum analytes: ph (onsite) Turbidity (onsite or laboratory) Non-visible pollutants identified in the list of potential pollutant sources, including those associated with specific trade activities Any additional parameters for which monitoring is required by the RWQCB Suspended Sediment Concentration Risk Level 3: if violation of an Numeric Effluent Limit (NEL) for Turbidity Will require planning! Where are the sampling points? Who is responsible for meter calibration and sampling? Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

10 Visual Monitoring for Qualifying Rain Events Required after the qualifying rain event Inspection to identify whether BMPs were adequately designed, implemented, and effective Review the pre-storm - during-storm inspection findings for information on future designs or implementation Continue inspection of discharge for all storm water containment areas (e.g., desilting basin) Record time, date, onsite rain gauge reading (including NOAA records) Numeric Action Level (NAL) Exceedance Reporting (if requested) Numeric Effluent Limitation (NEL) Violation Reporting Inspection Certification (QSP) Legal Considerations Regarding the REAP Duties and Considerations for the Legally Responsible Person (LRP) LRP is the entity legally responsible for site performance and compliance with the permit Selection and Responsibility of the QSP REAP and additional storm event documents have become a significant emphasis of compliance Budgets should be allocated for the REAPs and storm event BMP modification/maintenance Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

11 Thoughts and Suggestions for Successful REAP Implementation Challenges of REAP Preparation Does your budget have sufficient resources for the storm event program? Reliability of NOAA website Availability of QSP/QSD to prepare and certify the document Challenges of REAP Implementation Availability of resources and authority to ensure effective implementation Availability of staff (erosion control contractor, sampling agent, QSP/QSD) Thoughts and Suggestions for Successful REAP Implementation Summary of REAP Implementation Adequate resources onsite Pre-determined person of authority (LRP or QSP) Materials and pre-determined locations for sampling Type of construction phase Applicable BMPs installed Aware of potential pollutants Qualified Inspector Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

12 Thoughts and Suggestions for Successful REAP Implementation Summary of Storm Event Implementation Storm Event Source Action Pre-Storm REAP CSMP Site Evaluation Additional BMP Implementation Storm Preparation Person Responsible LRP & QSP During Storm Inspection, Maintenance and Repair Site Evaluation BMP Modification Sampling LRP & QSP CSMP Post-Storm CSMP Site Evaluation BMP Amendment Exceedance / Violation Reporting / LRP LRP & QSP Contact Us S. Wayne Rosenbaum, Esq. Foley & Lardner LLP srosenbaum@foley.com Kelly Doyle, CPESC Rick Engineering Company kdoyle@rickengineering.com Shaun Flater, CPSWQ, CPESC Whitson CM Inc sflater@whitsoncm.com David Roberts, PhD Nautilus Environmental (x226) david@nautilusenvironmental.com Jayne Janda-Timba, P.E. Rick Engineering Company jjanda-timba@rickengineering.com Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but

13 Thank You! A copy of the PowerPoint presentation and a multimedia recording will be available on our Web site early next week. Continue the discussion! Ask a question or post a comment about the new Construction General Permit on the Whitson CM blog: Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but