Construction Stormwater Compliance: Are You Covered Under the EPA s New 2017 Construction General Permit?

Transcription

1 Construction Stormwater Compliance: Are You Covered Under the EPA s New 2017 Construction General Permit? Presented by: Jennifer Hildebrand Environmental Compliance Group Manager WSB and Associates, Inc. Tuesday, February 28, :30 p.m. to 3:00 p.m. Eastern 12:30 p.m. to 2:00 p.m. Central 10:30 a.m. to 12:00 p.m. Pacific or For On-Demand purchasing information, contact customer service at: or service@blr.com 2017 BLR and HR Hero Business & Legal Resources and HR Hero. All rights reserved. These materials may not be reproduced in part or in whole by any process without written permission. This webinar qualifies for Recertification Points. Holders of CSP and related BCSP certificates may earn 0.15 Recertification Points for attending this webinar. Other certificate holders qualify for continuing education points according to their certifying agency guidelines.

2 Construction Stormwater Compliance: Are You Covered Under the EPA s New 2017 Construction General Permit? Presented by: Jennifer Hildebrand Environmental Compliance Group Manager WSB and Associates, Inc. February 28, 2017 Introduction Jennifer Hildebrand Environmental Compliance Group Manager at WSB & Associates Involved in the industry for over 23 years MBA from Augsburg College CPESC, CESSWI, CPSWQ Author of Straight Talk: Strategies for Environmental Compliance

3 Overview The New 2017 CGP Challenges to Expect for My Construction Site Steps for Managing a Compliant Site Risks Associated with the New Permit How to Prepare for the Upcoming Construction Season Acronyms BMP = Best Management Practice CGP = Construction General Permit CWA = Clean Water Act EPA = Environmental Protection Agency NPDES = National Pollutant Discharge Elimination System SWPPP = Stormwater Pollution Prevention Plan

4 The New CGP The new permit became effective February 16, 2017 The 2017 CGP replaces the 2012 CGP Authority EPA is permitting authority in select areas National model for stateissued CGPs What If the CGP Is State-Issued in My Region? State-issued permits don t have to be the same as the EPA-issued permits However, CWA and EPA regulations require NPDES permits to implement technology-based effluent limits States still need to meet obligations under the CWA

5 Major Changes Streamlining of the Permit Minor revisions to technologybased effluent limits New stabilization requirements New NOI requirements PCBs and construction waste management Major Changes (contd.) Streamlining of the Permit Simplified language Moved some language to an appendix or a fact sheet Many permit requirements remain the same

6 Major Changes (contd.) Types of Authorized Discharges Clarifies coverage under CGP for: Construction of staging areas Construction of access roads conducted prior to mining Explicit prohibition of non-stormwater discharges associated with external building wash-down waters containing hazardous substances Major Changes (contd.) Effluent Limitations (C & D Rule) Minor revisions to technology-based effluent limits Clarifies requirements for erosion control, buffers, topsoil preservation and pollution prevention

7 What Does the C & D Rule Require? EPA s 2012 CGP implemented C & D rule requirements Non-numeric effluent limits Include requirements for: Erosion/sediment controls Stabilization Dewatering Pollution prevention Measures Prohibited discharges Surface outlets Major Changes (contd.) Notice of Permit Coverage Operators must post a sign or other notice of permit coverage at a safe, publicly accessible location (2012 CGP; no change) This notice must also include info for the public on how to contact the EPA to obtain a copy of the SWPPP and how to the EPA if a stormwater discharge is observed (2017 CGP)

8 Major Changes (contd.) Stockpiles and Land Clearing Debris Piles Changed the requirement for temporary stabilization from where practicable to be more consistent with 14-day stabilization deadlines Major Changes (contd.) Stabilization Deadlines Modified approach: Sites 5 acres or more: Operators may choose between 14-day timeframe if they limit (i.e. phase) disturbances to 5 acres or less at a time; or, Within a 7-day timeframe if they do not limit disturbances to 5 acres or less

9 Major Changes (contd.) Stabilization Deadlines (contd.) Modified approach: Sites 5 acres or less must follow 14-day timeframe Stabilization deadlines for sites discharging to sensitive waters and sites in arid/semiarid/drought areas remain unchanged Major Changes (contd.) Construction and Domestic Waste Now required to keep waste container lids closed when not in use and at end of business day Must provide cover for containers that don t have lids

10 Major Changes (contd.) Discharge Limitations for Sites Discharging to Sensitive Waters New requirement to implement controls on sites discharging to polychlorinated biphenyl (PCB) impaired waters Applies to demo of structures with at least 10,000 ft 2 of floor space built or renovated before Jan 1., 1980 Demo location and associated pollutants must be documented in the SWPPP Major Changes (Contd.) Notice of Intent (NOI) Added three questions to the NOI form: Select the type of construction (choose from 9 options) A yes/no question asking about the demo of structures A yes/no question asking whether the predevelopment land use was agriculture

11 Stormwater Trends in Minimal environmental compliance isn t (and never was) enough. You have to follow the rules! As new local and state environmental rules continue to develop, we must expand our responsibilities and be proactive to mitigate risk. Stormwater Trends in 2017 (contd.) 2. Environmental regulations aren t going anywhere. Rules typically managed on state and local level May see more citizens groups, environmental groups, and/or non-profits step in to enforce regulations

12 Stormwater Trends in 2017 (contd.) 3. Technology will make environmental compliance both easier and more complicated. Ease of access to information online Use of drones will become more mainstream and more affordable Challenges to Expect for My Construction Site More time and resources required to properly comply Transparency with the public Documentation is more important than ever

13 Steps for Managing a Compliant Site Step 1: Know the Rules Research where the project is and what rules exist Document your findings Bid the project right Steps for Managing a Compliant Site Step 2: Do Your Homework Make a site visit Research local conditions and climate Select partners and subcontractors that follow environmental compliance

14 Steps for Managing a Compliant Site Step 3: Agree to a SWPPP Submit a NOI Set up your onsite documentation Establish and document your sequence of activity Steps for Managing a Compliant Site Step 4: Hold a Pre-con Invite the regulators Discuss schedule and sequence expectations Identify site communication and compliance expectation

15 Steps for Managing a Compliant Site Step 5: Make it Easy to Comply Use BMPs to manage the real issues Make a plan for dewatering plan ahead! Perimeter control management Protect inlets Steps for Managing a Compliant Site Step 6: Keep the Dirt on Your Site Pick the right blanket, and install it correctly Not all the mulches are the same know what are true equals Know your soils Manage stockpiles Protect channelized flow of water

16 Steps for Managing a Compliant Site Step 7: This is Not Your Mother s Construction Site Street sweeping is not a BMP Concrete Wash Out Systems Equipment and Leaks Steps for Managing a Compliant Site Step 8: Tell Your Story Document changes Inspection Checklists Corrective Action Notices Photo Documentation Litigation Steps BMPs implemented and performed

17 Steps for Managing a Compliant Site Step 9: Stabilize As You Go Dirt: Get a soil test Seed: Use the right type Fertilizer: Apply only what you need Cover: Cheap insurance Steps for Managing a Compliant Site Step 10: Tidy Up and Get Out Take out your BMPs Signage & Documentation Submit the NOT Thank you and leave behind messages

18 Risks Under the New Permit New Rules, more effort Stockpiles Managing staging Monitor dumpsters Management of PCBs Easier for whistleblowers to report activities Risks Under the New Permit (contd.) Construction delays Irreversible damage to the environment Negative press Bad reputation Fines $$$ Jail time

19 How to Prepare for the Upcoming Construction Season Read the SWPPP! Organize a Project Binder Install a rain gauge Invite the regulators* Set expectations for compliance and outline a plan for enforcement response *This is not a typo! Resources EPA s 2017 CGP: CGP Factsheet:

20 Jennifer Hildebrand WSB & Associates Questions?

21 Disclaimers *This webinar is designed to provide accurate and authoritative information about the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. *This webinar provides general information only and does not constitute legal advice. No attorney-client relationship has been created. If legal advice or other expert assistance is required, the services of a competent professional should be sought. We recommend that you consult with qualified local counsel familiar with your specific situation before taking any action.

22 Jennifer Hildebrand Jennifer Hildebrand has been involved in the erosion and sediment industry for over 23 years. She has a master s degree in Business Administration from Augsburg College, and specializes in compliance strategies within the stormwater market. She is a registered Certified Professional in Erosion and Sediment Control and a registered Certified Professional in Stormwater Quality, and a Certified Erosion, Sediment, and Stormwater Inspector. Most recently, she authored an industry-related book regarding construction site management techniques entitled: Straight Talk: Strategies for Environmental Compliance. Ms. Hildebrand s experience and industry involvement allow WSB to deliver excellence in environmental compliance to their clients. Her specialties include stormwater compliance issues, training and awareness programs, site inspection programs, compliance program design, and site plan reviews. She has made it her goal to educate and inform the public and private sector markets regarding stormwater compliance.