THE FIVE PILLARS OF CONSTRUCTION STORMWATER MANAGEMENT WORKSHOP

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1 THE FIVE PILLARS OF CONSTRUCTION STORMWATER MANAGEMENT WORKSHOP Barry Fagan, PE/PLS, CPESC IECA Environmental Connection 2011 Orlando, Florida February 23, 2011

2 Barry Fagan, PE/PLS, CPESC IECA Environmental Connection 2011 Orlando, Florida February 23, 2011 Biographical Sketch Barry Fagan is the Environmental Compliance Engineer for the Alabama Department of Transportation. He is responsible for creating, coordinating and communicating ALDOT policies and goals to those internal and external to the department. Barry has over 20 years of road and bridge construction experience. Barry is licensed in Alabama as a Professional Engineer and Professional Land Surveyor and is a Certified Professional in Erosion and Sediment Control. Barry is an active member of the Alabama Erosion and Sediment Control Program Steering Committee and the AASHTO Stormwater Community of Practice. Barry also serves as the Alabama Area Representative for CPESC, Inc. Workshop Abstract When Congress passed the Clean Water Act in 1972 its stated objective was to restore and maintain the chemical, physical and biological integrity of the Nation s waters. With the legislation, Congress set goals including the elimination of pollutants to our nation s waters by 1985 and restoration of those waters to a level supporting wildlife and recreation by The goals of the Clean Water Act have hardly been met. In spite of evident progress in the construction industry, the rate of improvement compared to expectations of improvement simply has not been good enough. The increase in funding and attention dedicated to water quality protection during construction has not been an indicator of success. The construction industry spends millions of dollars each year on construction stormwater management. Yet sediment remains the number one pollutant of our nation s waters. A good portion of the impairment is attributed to the construction industry. Recently issued federal regulatory guidance is causing quite a stir as those in the construction industry prepare for the application of the raised standards in their state. The upgrade in regulation should come as no surprise to those who understand the goals of the Clean Water Act. Being that regulatory change is certain; it is time for water quality protection on construction sites to improve as expected. With current economic constraints placed on the construction industry, there is a need and a real challenge to find a better way. Practicing the Five Pillars of Construction Stormwater Management helps the construction industry to meet the challenge of thinking and doing things in the order of importance and, ultimately, can help with meeting the expectation of improvement. There are five specific areas of management or Pillars that must be addressed in order as construction projects are planned, constructed and maintained. The Five Pillars are communication, work, water, erosion and sediment. Three main objectives of the presentation follow. 1. Be reminded of the purpose and goals of the Clean Water Act 2. Understand fundamental truths about construction stormwater management 3. Learn a common sense approach to effectively and economically manage construction stormwater 1

3 Workshop Outline Objectives Workshop objectives Personal objective o increase your opportunities to experience. Who are we? Construction Stormwater problem to be solved or a to be? Managing tensions by seeking balance Seeking balance requires 1. having a clear. 2. having a point. 3. making constant. Constant correction requires constant. Origins of Environmental Regulation in the U.S. Environmental regulation is driven by. Federal Water Pollution Control Act Amendments of 1972 (The Clean water Act) Stated objective of the Act - to and maintain the chemical, physical and biological integrity of the Nation s waters. Stated goals of the Act o Eliminate pollutants to our Nation s waters by 19. o Restore our Nation s waters to a level supporting wildlife and recreation by 19. Have our goals been met? (data represents waters assessed as of 2004) In the U.S., 56% of rivers, 36% of lakes and 70% of bays and estuaries fully support all of their designated uses. Approximately 35 percent of the nation s lake acres and 24 percent of the nations river miles are under fish consumption advisories. Turbidity is one of the top 10 causes of impairment of assessed rivers and streams. 2

4 The CWA created a real expectation that we get. Our goal is to minimize the gap between what we and what we. Evolution of current construction stormwater management practices with observations made along the way. Sediment control alone is. We have forgotten what stands for. To protect your, protect your. Emperor Yu (China) Doubling the velocity of water increases o o o its erosive energy by times. the mass of soil being transported by times. the size of the particle being carried by times. Contractors can do anything if you pay them enough. Communication is best management practice. Our greatest challenge is to, and to do things in order of importance. In order to effectively manage construction stormwater, one must manage Communication Work Water Erosion Sediment in that order. Application of the Five Pillars Principles vs Practices 3

5 Summary We know we must get. We do. We have some. Thank you for choosing to spend time with me today. Please let me know if you ever think that I can be of assistance to you. Sincerely, Barry Fagan, PE/PLS, CPESC ALDOT Environmental Compliance Engineer Alabama Department of Transportation Environmental Compliance Office 1409 Coliseum Boulevard Montgomery, AL (334) faganb@dot.state.al.us 4

6 Principles of Construction Stormwater Management Barry Fagan, PE/PLS, CPESC January, 2011 First, do no harm. o Sediment should not be added to water, regardless of the water s condition. o Stormwater runoff should be separated from flow through waters. o Construction should never cause erosion. o Treatment trains should be exclusive and stable. o All disturbances should have a clear and immediate purpose. Think, and do things in order of importance. o Environmental protection and regulatory compliance are not problems to be solved. o The tension between excellence and budget should be carefully managed. o The Five Pillars should be considered and practiced in every phase and situation. o Standards should be set with an expectation that they be met. o The gap between what we know and what we do should be minimized when possible. Practice effective communication early and often. o Communication is the Best Management Practice. o Whether listening or speaking, seek understanding. Move the compliance point. o Permanent stabilization efforts should be focused at the most sensitive areas, and then proceed uphill. o Sediment cannot be removed from flowing water. Look to the source. o Sediment control alone is ineffective. o The erosion process begins with the raindrop. o A continuous pursuit of permanent stabilization should drive the work. o Slow water carries less sediment than fast water. o Water is dumb. It can be told where to go and what to do. 5

7 Workshop Background The construction stormwater industry seems to be in flux. On one hand, the industry s progress and renewed commitment to environmental protection over the last few years has been refreshing and admirable. On the other, the industry still lags behind the expectations and requirements of regulators and a portion of the general public. In other words, the good news (and bad) is that the industry has almost kept up with the expectations and priorities of regulators and the general public. When Congress passed the Clean Water Act in 1972 its stated objective was to restore and maintain the chemical, physical and biological integrity of the Nation s waters. With the legislation, Congress also set goals of eliminating pollutants to our nation s waters by 1985 and restoring waters to a level supporting wildlife and recreation by The goals of the Clean Water Act have hardly been met. By 2004, of those waters assessed, only 56% of rivers, 36% of lakes and 70% of bays and estuaries were fully supporting all designated uses. Today, annual spending in the U.S. for mitigation of erosion and sedimentation is estimated at $13 billion. EPA and many American citizens have not forgotten the major stated objective of the CWA to restore the integrity of our nation s waters. As a matter of fact, federal legislation has recently been introduced to strengthen the Clean Water Act and reinforce America s commitment to clean water. EPA and state environmental regulators are not only tasked with environmental protection. They are also mandated to improve and enhance the environment. This causes an expectation that the construction industry also improve. A better understanding of this fact certainly has the potential to change how one approaches the laws used to regulate construction. Recent EPA guidance regarding construction stormwater regulations has caused many to evaluate lessons learned and how best to apply them to meet the ever improving standards. Those companies and individuals who are willing to innovate and to integrate new solutions into their processes will be allowed to continue building and constructing. Those choosing to hold on to the way that we have always done it will simply be left behind. The industry seems to have forgotten what the letters, BMP stand for. It appears that the acronym has morphed into Best Manufactured Product rather than Best Management Practice. Like many areas of American society, the promise of a fast easy fix has been allowed to replace actual thinking and application management. Unfortunately, the amount of money spent on erosion control is no indicator of success. The construction industry spends millions of dollars each year on construction stormwater management. Yet sediment remains the number one pollutant of our nation s waters with the construction industry being blamed for a good portion of it. Some of the lessons learned and observations experienced are simple yet sometimes difficult to recognize. Especially as the industry tries to balance the findings of relatively newer areas of experience against the hundreds of years of its having constructing things in and of dirt. One such observation is that sediment control alone is ineffective. Resources in terms of space, time and funding required to treat construction stormwater using sediment control alone are simply not available. The volume and types of runoff and soils that construction sites experience and the quality level required to meet regulatory standards is near impossible without employing other management tools. Another observation is that existing natural vegetation is the most effective erosion control BMP available. It also happens to be one of the most economical. Much has also been learned about the role water handling plays in the management of construction stormwater runoff. While sediment cannot be effectively removed from flowing water, one can remove flowing water from sediment. By diverting and conveying flowing water around, under and over the work area, we reduce the amount of sediment carrying water that must be managed. Water velocity also 6

8 affects erosion and sediment control efforts. By increasing the velocity of water, its erosive energy, the mass of soil being transported and the size of the particle being carried are also increased. The construction industry cannot escape communication. The continual messages that are sent intentionally and unintentionally may be positive or negative. The fact is that the public and environmental regulators are watching and listening and expect open communication. The expectation not only requires the relay of what is happening on the jobsite and why, it also requires that the industry listen and address every concern. Leadership author Dr. John C. Maxwell teaches that two of an organization s greatest challenges are to train its employees to think and to do things in order of importance. This coupled with the public and regulatory expectation of continued improvement is where the Five Pillars of Construction Stormwater Management originates. The construction industry must learn to manage five specific areas in order to have a chance at success. These areas are Communication, Work, Water, Erosion and Sediment in that order. The Five Pillars 1. Managing COMMUNICATION is the best management practice. Effectively managing communication involves intentionally sending directed messages while listening and addressing every known concern. The intended recipients include internal stakeholders as the priorities and expectations of leaders are conveyed to employees and contractors. Equally important is communication with the external stakeholder in the form of listening and intentionally conveying information about priorities, efforts and a willingness to partner. 2. Managing WORK, or how contractors, employees and operations are directed can have a significant effect on how we the environment may be impacted by construction. Finding a balance between desires for quality and the promotion of contractor innovation is not easy. However, standards should be set for those areas that have proven to give the most value for the investment and for those requirements that help to ensure environmental regulation compliance. 3. Managing WATER is made easier if the mantra clean water in, clean water out is repeated as projects are planned, designed and constructed. The goal should be to not allow one particle of sediment to enter waters coming to and flowing through the site. Protection of these waters comes in the form of diversion and by enclosed conveyance. By taking this approach, efforts may be focused toward those raindrops that fall within the work area. This is a much more manageable proposition. 4. Managing EROSION begins with managing the raindrop impact. Raindrops impact the earth at about 19 mph, they immediately cause the detachment of soil particles and mixing with runoff. The clean water in - clean water out approach can be maintained while receiving this water by minimizing both the energy of the impact and the energy of the runoff. This reduces the effects of the first stage of the erosion process. Without first communicating how the work will be managed to ensure that this water is managed, success may be difficult. As the contractor is clearly directed to limit and delay disturbance of then directed to achieve permanent stabilization as soon as possible, erosion is reduced though the management of communication, work and water. 5. Managing SEDIMENT is required simply because, sediment happens. Even most detractors of the construction industry will reluctantly admit that the job of protecting water quality in a world of dirt and rainfall is not an easy one. The fact is that when disturbed soil mixes with rainfall, soil particle detachment and the transport of the loosened soil is inevitable. For the stages of construction or situations where absolute construction stormwater management through communication, work, water and erosion is simply not possible, there must be a backup plan. Once the runoff begins to carry dislodged soil particles, it must be treated. Ideally, every raindrop 7

9 is captured and complete evaporation or infiltration takes place to separate the dirt from the water. This ideal goal is usually unattainable due to site limitations, the volume of sediment laden water or other factors which may be geographical, topographical, geological and meteorological in nature. While the goal may be lofty, it should not be discounted altogether. This is one area where almost reaching the goal does provide a benefit. Taking advantage of the effects of water velocity on erosion and sedimentation rates, one can actually trigger some helpful occurrences as total water capture is attempted. If velocity of the water is slowed rather than allowed to speed up, the erosive energy and the sediment carrying capacity of the runoff can be significantly reduced. The Real Challenge There is a real expectation that the construction industry get better every day. Putting off doing right things eventually leads to forced action by regulation. One can choose to sit and complain about the inevitable change caused by the latest EPA regulation upgrade. Or, if one wishes to continue working to facilitate progress through construction, they must stand up and begin to think and to do things in order of importance. If communication, work, water, erosion and sediment are not managed in that order, success in water quality in construction may never be fully reached. References Maxwell, John C Developing the Leader Within You.Thomas Nelson, Inc., Nashville, Tennessee. P.19. Transportation Research Board, National Research Council State of the Art Report 8, Guide to Earthwork Construction. Washington, D.C. P.50. EPA January National Water Quality Inventory: Report to Congress, 2004 Reporting Cycle: Findings 8

10 Hippocratic Oath for Construction Stormwater Professionals Barry Fagan, PE/PLS, CPESC December, 2010 I swear to fulfill, to the best of my ability and judgment, this covenant: I will respect the hard-won gains in technology and priority of those construction stormwater professionals in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow. I will apply, for the benefit of water quality, all measures that are required, avoiding those twin traps of overtreatment and skepticism. I will remember that there is art to construction stormwater management as well as science, and that honesty, understanding, and effective communication may outweigh the might of construction equipment and the purchased products. I will not be ashamed to say "I know not," nor will I fail to call in my colleagues when the skills of another are needed for a successful completion. I will respect the interests of all stakeholders, for their interests are of no less value than my own. Most especially must I tread with care in matters of preservation of natural resources and of businesses. If it is given to me to save a save a natural resource or assist a company, all thanks. But it may also be within my power to take a resource in the name of progress or take a position that is against a business owner in the name of environmental or economic stewardship; this awesome responsibility must be faced with great humbleness and awareness of my own shortcomings. Above all, I must not make decisions without consideration of potential consequences. I will remember that I do not protect a ditch check or sediment barrier, but a potentially polluted stream, whose waters promote and sustain life so that man may have a complete and sustaining environment in which to live. My responsibility includes these related problems if I am to adequately protect water quality. I will prevent erosion whenever I can, for prevention is preferable to treatment. I will remember that I remain a member of society, with special obligations to all my fellow human beings, those whose focus is change and those whose focus is preservation. If I do not violate this oath, may I enjoy peace and prosperity, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the facilitating progress through construction and preservation through awareness. 9