Session One: Overcoming Implementation Issues. For audio participation Dial: ; Passcode Housekeeping Issues

Transcription

1 Session One: Overcoming Implementation Issues For audio participation Dial: ; Passcode S. Wayne Rosenbaum, Esq. Shaun Flater, CPSWQ, CPESC Housekeeping Issues 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; or Select View from the toolbar menu and click Full Screen

2 New Permit Registration Procedures Design and Construction Requirements by Risk Level Post Construction Standards Notice of Termination Annual Reporting Requirements Grandfathering Provisions Liability Reduction Strategies

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4 Receiving Water Risk Factor Worksheet Buena Vista Agua Hedionda San Elijo Los Penasquitos

5 Rainfall-Runoff Erosivity Factor R is an indication of the amount of rainfall and peak intensity sustained over period Soil Erodibility Factor Sandy soils= low K values (<0.2) Silt loams = medium values (<0.4) Clay soils high values (>0.4)

6 Slope Length Factor Computes the effect of slope length and steepness on erosion Budget concerns Enforcement concerns Third-party / NIMBY considerations CEQA considerations Importance of thorough back-up information Potential effects on LEED rating considerations

7 Subdivide your project Sub-basin analysis Level 3 Risk areas under thirty acres Development, Amending and Revising Procedures Increased costs for a Qualified SWPPP Developer Higher level of expertise Higher level of liability Four formal phases of construction Site specific and now phase specific consideration of in the SWPPP 1. Grading and Land Disturbance 2. Streets and Utilities 3. Vertical Construction 4. Post-Construction Risk Level 10 categories of site specific with each Risk Level having variable requirements per category Development of a Spill Response and Implementation Plan Spill kits Sizing Chemistry Location Trained personnel Documentation Formal MSDS record keeping and proper response knowledge/procedure Greater involvement of sub-contractors Contractual obligations Enforceability Indemnity/bonding/self help CPESC CPSWQ PE PG PH

8 Design Considerations 1. New Requirements for the Design of Sediment Basins Requirements for an Effective Sediment Basin Requirements for a Design Discharge Sediment Basin 2. Design run-on measures to direct/convey run-on drainage away from disturbed areas Moving water from traditional water course Civil liability Streambed alteration agreements 3. Design mass grading with the consideration of a phased approach Construction Considerations 1. Construction schedule will have to take into account the rainy season and type of rainy season 2. Adaptive installation and strategic implementation for wind, source, sediment, erosion and drainage control 3. Limitation on plastic (visqueen, silt fence, fiber rolls, polyurethane gravel bags) 4. Increased inspection costs Certified inspector Increased frequency (weekly for the year!) Increased inspection duration (both in the field and office time) CESSWI CPESC 5. Increased maintenance costs More expensive More frequently replaced Numeric Effluent Standards Good Housekee ping Waste Management Vehicle Storage and Maintenance Landscape material Potential Pollutant Sources Non-Storm Water Management Erosion Sediment Run-on & Runoff None Inventory of products No disposal of rinse or wash Prevent oil, grease, or fuel Cover and berm all Conduct weekly Must implement Implement wind erosion Implement and maintain 1. Evaluate the quantity water leaks stockpiles assessment of to effective and quality of Potential control non- perimeter run-on and pollutant storm water controls runoff Cover and berm stockpiles 2⁰ of toilets All equipment & vehicles to be properly stored with Water tight and 2⁰ of fertilizers sources: Effective soil cover for: 1.Inactive areas Sediment Basins must be designed by Appendix Through observation and sampling. 2.Finished 2. Water tight and 2⁰ of chemicals Tracking Inspect toilets for leaks and spills Cover all waste containers Parking lot locations must have Clean leaks immediately and dispose of material No application of erodible material within 2 days of a forecasted event A. Consider quantity, physical characteristics location B. Consider exposure to storm water (direct & indirect) Wash vehicles in a way that prevents Clean Streets in a way that prevents slopes 3.Open space 4.Utility backfill 5.Completed lots 2. Run-on from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the Procedures for hazardous C. Ensure & document effectiveness of that Limit plastic if necessary, use plastic EFFLUENT LIMITATIONs OF THE PERMIT Develop a spill response and have available ON SITE are to prevent of pollutants that are resistant to solar degradation Proper of concrete washouts

9 Design Considerations 1. Greater emphasis on directing/conveying drainage within and away from the site 2. Emphasis on cut slope design 3. Emphasis on effective and proper hydroseed specifications Construction Considerations 1. Numeric Action Limit Sampling (ph and Turbidity) Increased enforcement potential Increased emphasis on proper sampling procedures and personnel Mandatory minimum penalties for failure to file reports 2. Development of the Rain Event Action Plan (REAP) Event specific REAP 50% chance of rainfall Prepared by a certified professional Mandatory minimum penalties for failure to prepare a REAP Mandatory minimum penalties for failure to maintain Records 46 Events = 46 REAPs Numeric Effluent Standards Good Housekeeping Waste Management Vehicle Storage and Maintenance Landscape material Potential Pollutant Sources Non-Storm Water Management Erosion Sediment Run-on & Runoff NAL ph: Turbidity: 250 NTU Inventory of products Cover and berm stockpiles Water tight and 2⁰ of chemicals Tracking No disposal of rinse or wash water 2⁰ of toilets Inspect toilets for leaks and spills Cover all waste containers Procedures for hazardous Develop a spill response and have available ON SITE Prevent oil, grease, or fuel leaks All equipment & vehicles to be properly stored with Parking lot locations must have Clean leaks immediately and dispose of material Cover and berm all stockpiles Water tight and 2⁰ of fertilizers No application of erodible material within 2 days of a forecasted event Conduct weekly assessment of Potential pollutant sources: A. Consider quantity, physical characteristics location B. Consider exposure to storm water (direct & indirect) C. Ensure & document effectiveness of that are to prevent of pollutants Must implement to control nonstorm water Wash vehicles in a way that prevents Clean Streets in a way that prevents Implement wind erosion Effective soil cover for: 1.Inactive areas 2.Finished slopes 3.Open space 4.Utility backfill 5.Completed lots Limit plastic if necessary, use plastic that are resistant to solar degradation Implement and maintain effective perimeter controls Sediment Basins must be designed by Appendix Evaluate the quantity and quality of run-on and runoff Through observation and sampling. 2. Run-on from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the EFFLUENT LIMITATIONs OF THE PERMIT Proper of concrete washouts

10 Numeric Effluent Standards Good Housekeeping Waste Management Vehicle Storage and Maintenance Landscape material Potential Pollutant Sources Non-Storm Water Management Erosion Sediment Run-on & Runoff NAL ph: Turbidity: 250 NTU Inventory of products Cover and berm stockpiles Water tight and 2⁰ of chemicals Tracking No disposal of rinse or wash water 2⁰ of toilets Inspect toilets for leaks and spills Cover all waste containers Procedures for hazardous Develop a spill response and have available ON SITE Prevent oil, grease, or fuel leaks All equipment & vehicles to be properly stored with Parking lot locations must have Clean leaks immediately and dispose of material Cover and berm all stockpiles Water tight and 2⁰ of fertilizers No application of erodible material within 2 days of a forecasted event Conduct weekly assessment of Potential pollutant sources: A. Consider quantity, physical characteristics location B. Consider exposure to storm water (direct & indirect) C. Ensure & document effectiveness of that are to prevent of pollutants Must implement to control nonstorm water Wash vehicles in a way that prevents Clean Streets in a way that prevents Implement wind erosion Effective soil cover for: 1.Inactive areas 2.Finished slopes 3.Open space 4.Utility backfill 5.Completed lots Limit plastic if necessary, use plastic that are resistant to solar degradation Implement and maintain effective perimeter controls Sediment Basins must be designed by Appendix 2. Animation 1. Evaluate the quantity and quality of run-on and runoff Through observation and sampling. 2. Run-on from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the EFFLUENT LIMITATIONs OF THE PERMIT Proper of concrete washouts Design Considerations 1. Major emphasis on micro-grading and phased grading Multiple simultaneous risk levels 2. Major emphasis on design-related scheduling based construction activities per the rainy season

11 Dec - Feb Feb - Apr 1. Numeric Effluent Limit Sampling (ph and Turbidity) Major increase in enforcement potential (NEL violation report, etc.) Increased emphasis on proper sampling procedures and personnel Mandatory Minimum Penalties for exceedances, failure to sample and failure to report Citizen enforcement 2. Bioassessment sampling and analysis (greater than 30 acres) Major increase in consulting costs Potential delay in construction due to findings Potential pathway for NIMBY / third parties to delay or stop construction Liability under the CWA Access and safety issues 3. Must implement appropriate erosion control for areas under ACTIVE CONSTRUCTION 1. Increased SFM or BFM costs 2. Greater frequency of stop work periods several days prior to a rain event 3. Greater emphasis to project management and scheduling 4. RWQCB may require additional site-specific sediment control 5. Quarterly inspection documentation

12 Numeric Effluent Standards Good Housekeeping Waste Management Vehicle Storage and Maintenance Landscape material Inventory of products No disposal of rinse or wash water Prevent oil, grease, or fuel leaks Cover and berm all stockpiles ph: Cover and berm stockpiles 2⁰ of toilets All equipment & vehicles to be properly stored with Water tight and 2⁰ of fertilizers Turbidity: Water tight and 2⁰ of chemicals Inspect toilets for leaks and spills Parking lot locations must have Tracking Cover all waste containers Clean leaks immediately and dispose of material No application of erodible material within 2 days of a forecasted event NAL 250 NTU NEL ph: Procedures for hazardous Turbidity: Develop a spill response and have available ON SITE 500 NTU Proper of concrete washouts Potential Pollutant Sources Non-Storm Water Conduct weekly assessment of Potential pollutant sources: Must implement to control nonstorm water A. Consider quantity, physical characteristics location Wash vehicles in a way that prevents B. Consider exposure to storm water (direct & indirect) Clean Streets in a way that prevents C. Ensure & document effectiveness of that are to prevent of pollutants Erosion Sediment Management Implement wind erosion Implement and maintain effective perimeter controls Effective soil cover for: 1.Inactive areas 2.Finished slopes 3.Open space 4.Utility backfill 5.Completed lots Sediment Basins must be designed by Appendix 2. Limit plastic if necessary, use plastic that are resistant to solar degradation Run-on & Runoff 1. Evaluate the quantity and quality of run-on and runoff Through observation and sampling. 2. Run-on from offsite shall be directed away from ALL disturbed areas or shall be in compliance with the EFFLUENT LIMITATIONs OF THE PERMIT

13 When is it required? Design Considerations Designed and approved by a certified professional Operation and Maintenance Plan Sampling and Reporting QA/QC Plan Filtration Knowledgeable and trained personnel Non-compliance reporting Chemical Coagulation / Flocculation x Batch vs. flow through Construction Considerations Permits and Penalties Daily, on-site personnel and operations management (e.g., filtration, residuals, instrumentation) Sampling requirements NPDES Discharge permits? Penalties For Projects covered by a General Municipal Stormwater Permit Transfer of responsibility For Projects not covered by a General Municipal Stormwater Permit > 2 acres Replicate the pre-project volume of runoff for storms up to the 85th percentile storm event < 2 acres Preserve the pre-project drainage density for all drainage areas within the project area serving a first order stream All projects Ensure that the post-project time of concentration > pre-project time of concentration Design structural measures Geotechnical costs Structural BMP costs Excavation and construction costs (hauling dirt or importing costs) Maintenance costs Operation and maintenance agreements with lease-holders Conflicting policy between water conservation and water quality

14 Sale or transfer Traditional Notice of Termination Methods 70% vegetative coverage RUSLE2 method Custom Method Long-term Maintenance Plan Legal agreement Enforcement liability / responsibility Conflicting authority between municipalities and water boards Prepare and electronically submit by September 1 of each year Summary of sampling results, corrective actions, compliance activities, documentation of trained individuals, etc. Submittal through CIWQS Potential new pathway for enforcement Greater emphasis on proper record-keeping Greater emphasis on truthfulness and inspection accuracy Mandatory minimum penalties for failure to report or to fully report Citizen suits

15 Eligibility Two years at tier 1 Advantages and disadvantages Selection of Professionals Contractual Indemnities SWPPP Developer SWPPP Implementer Contractors Third Party Audits Field inspections Paper Audits Sampling Audits

16 Adequate Notice Permit as a Shield Upset-exceptional incident Bypass-protection of life or property Statute of limitations Laboratory error Courts are divided S. Wayne Rosenbaum, Esq srosenbaum@foley.com Shaun Flater, CPSWQ, CPESC sflater@whitsoncm.com