Maine Stormwater Conference. Contractor s Regional Perspective on the Construction General Permit

Transcription

1 Maine Stormwater Conference Contractor s Regional Perspective on the Construction General Permit

2 Lauren Lohn Environmental Manager Cianbro Corporation Pittsfield, ME

3 CIANBRO Founded In % Employee Owned Open Shop With Over 4,000 Multi Skilled Team Members Perform Work in 41 States across the U.S. It s All About People

4 Geographic Operations & Construction Support Facilities

5 Topics Challenges: MS4 requirements and the Construction General Permit can lead to contractor confusion.. State vs MS4 vs CGP - is a standard construction SWPPP enough? When do you file a CGP or local permit? Cross state differences Managing Expectations for Compliance Inspections and Inspectors Case Study: Project Challenges: Delayed Start in a MA nested MS4 Managing Change design challenges with local planning boards

6 Challenges When do we file the Construction General Who files? Permit? Or stormwater discharge permit? And where? And. With which entity? Why are these questions sometimes difficult to answer?

7

8 Challenges: Cross NE and US Who files the NOI/local permit? The owner does not file the NOI, just under the trigger. Contractor not provided with adequate project information to file NOI (ESA study, historic properties ect) Contractor is not aware of other projects that trigger NOI on their job Common scheme of development or design change. No SWPPP or E&S notes left out of the contract (yes a no, no) we have a building permit

9 Challenges: Cross NE and US Differing expectations from municipality to municipality, additional requirements from standard CGP. Stormwater ordinance at municipal level which may or may not reflect the State or EPA standards. Multiple inspectors with different perspectives and experience levels. Public posting of construction permits and inspection tally to demonstrate MS4 compliance

10 Maine CGP expired 2008, administratively continued Stormwater Management (Ch 500) Site Law some municipal delegation can be confusing Local Ordinance differing thresholds for permit trigger Inspections Code Enforcement/building inspector/engineering 3PI Site Law or as designated by DEP DEP licensing or enforcement inspector (Land) CGP requires weekly/storm inspections consultants Positives Accessible regulators, collaborative effort

11 Vermont VT Construction General Permit amended in 2008, coverage based on Risk Scale. Low Risk and 1-5 acres Low Risk Site Handbook > 5 acres Moderate Risk or High Risk Moderate ESPC plan submittal for approval High Risk Individual Permit CGP Option: MS4 community delegation as qualifying program No known qualified MS4 communities yet Challenges: ESCP plan must be submitted for review with NOI and made public Limited land disturbance under CGP, tiered approach Turbidity monitoring 25 NTU strict Positives: Clear requirements and little overlap with MS4; MS4 references CGP in most cases.

12 Massachusetts & New Hampshire Construction General Permit is EPA Region 1 in MA & NH most recent version Dewatering General Permit for MA & NH if discharging stormwater or ground water from excavations; less than 1 acre. Remediation General Permit March 2017 MA Construction Projects also file with the Conservation Commission at the local level where MS4 requirements are included in most cases..ordinances with less than 1 acre triggers. NH Projects file with NHDES for Alteration of Terrain permits

13

14 Challenges: Massachusetts & New Hampshire MA: Compliance delegated to municipal level with Conservation district inspectors and municipal planning boards.. Expectations differ MA & NH Challenges CGP follows new 2017 standards for wetland buffers and appropriate BMPs, municipal guidelines may not. Double coverage is needed to satisfy both. NH require TSS/Turbidity monitoring under state specific addendum to the EPA CGP; Alteration of Terrain permit may also require turbidity monitoring.

15 Connecticut CGP and Dewatering Wastewaters : Current permit effective October 2013 > 1 acre 2 Basic Categories: Locally Approvable the project is NOT for a municipal, state of federal project (ie: private) MS4 or Municipal Review Locally Exempt the project is a municipal, state or federal project; DOT or state/federal facility project No MS4 review, however inspections likely Challenges: Various definitions for responsible parties, Turbidity monitoring, potential for multiple reviews of the same plan or inspection without plan review.

16 State DOT Projects DOT MS4, Local MS4 AND CGP Triple Coverage Typically Require CGP filing May have separate filing if the project discharges to MS4 Review of E&SCP (approval for some) Inspections with ability to stop work or issue penalties Positives: Clear requirements, contract based, routine inspections, delays are bad

17 Challenges for Contractors Discussion Topics? Differing requirements from municipality to municipality, additional requirements from standard CGP. Stormwater ordinance at municipal level which may or may not reflect the State or EPA standards. Multiple inspectors with different perspectives and experience levels. Public posting of construction permits to demonstrate MS4 or state program compliance

18 Inspections and Inspectors EPA CGP minimal inspections (not complaining!!) Most programs (State/Local) have to complete 3 inspections documented inspections, often publically available Preconstruction BMP basics and sequence During for maintenance functionality Post construction for Post Construction Stormwater Management Minimal inspections can be positive or raise the risk of a violation being noted due to lack of background/history

19 Inspectors Code Enforcement looking at many areas of project construction Conservation Districts primarily focused on environmental impact County or City Environmental Inspector may not communicate with MA Town/regional boards, DEP CT Regional Inspectors for state program and City for MS4 ME Code Enforcement or Regional Stormwater Inspector/Consultant Varied inspector backgrounds can lead to differing interpretations of the actual work being conducted and the BMP or permit requirements

20 Case Study: Construction Project within MS4 Springfield MA Nested MS4 campus within Small MS4 Campus type facility was undergoing large infrastructure improvement project. Delay due to lack of local permit under MS4 requirements.

21 Challenge: Substation expansion within TWO MS4 communities MS4 communities had historic concerns over adjacent parking lot discharge/snow plowing into a wetland and river area. Challenge to coordinate both conservation districts and planning boards Design was not complete at permitting (poor planning? Maybe but not always) Well vetted project by both communities (lots of chances to ask questions!) Project delay (impact to contractor)

22 Proximity to municipally regulated parking lot Management of waste and debris

23

24 Inspection requirement: Functionality of Post Construction Stormwater Management BMPs during and after construction

25 Tips for All Around Compliance Upfront (if you can!!) research on local ordinances and how they may affect your project cannot comply if you do not know!! Reach out to the local entity to explain the project and understand their needs too. Participate in the Community MS4 programs IE: Stormwater work groups. Communicate project changes, storm events issues, public interest

26 Wrap up Communicate through all phases of the project both for regulators, inspectors, consultants and contractors Know the project Know the requirements and expectation of those requirements Invite inspectors out Hold a closing conference and ask for assistance before situations arise

27 Information NH/MA: Maine Connecticut: Vermont: ondischargepermits/sw_cgp_amended_final.pdf