Watershed Enforcement Environmental Services (ESD)

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1 Watershed Enforcement Environmental Services (ESD) Construction Inspector Training 2009 Presented by: Watershed Enforcement

2 Outline Overview of Watershed Enforcement Program Role of Watershed Enforcement at Construction Sites Enforcement Process Applicable Municipal Codes

3 Watershed Enforcement Section Protect the Storm System from Pollutants Compliance Based Program Compliance through Education Tiered Enforcement

4 WE at Construction Sites Pre-Season Inspections Monthly Inspection Enforcement Inspections (Referrals) Illegal Dumping Investigations (Complaints) Primary Role of Enforcement

5 Roles and Responsibilities Public Works Environmental Building SWPPP Development SWPPP Implementation Check on SWPPP Measures Corrective Actions Enforcement

6 Legal Authority Discharge to Storm Drain Protection from Accidental Discharge Construction Clean Up Storm Water Management (< 1 Acre Sites) Storm Water Management (> 1 Acre Sites)

7 WE Tools Inspection Report Official Warning Notices Administrative Citations Compliance Meeting Misdemeanor Citations Referrals to City Attorney or DA Referrals to Regional Board

8 Inspection Report AOC Area of Concern Remedial Action Compliance Date

9 Official Warning Notice Information of Violations Corrective Actions Compliance Date Issued in Person or Mailed Referral for Administrative Citations

10 Administrative Citations Civil Penalty for Violations Per Day, Per Violation Escalation of Fine Amount for Multiple Occurrences Follows an Official Warning Notice Citation Delivered by Certified Mail

11 Fines $500 (Discharge to Storm Drain Prohibited) $500 (Protection from Accidental Discharge) $500 (Construction Clean Up in Public Right-of-Way)

12 Fines (Contd..) $500 (Compliance with Storm Water Permit, submittal and compliance with Erosion Control Plan, if required on sites less than one acre) (Compliance with General Construction Activities Permit, implementation and maintenance of control measures, Notice of Intent (NOI) and Erosion Control Plan (ECP) on sites greater than 1 acre) - 1 to 5 acres $500 per event per day -Greater than 5 acres $2,500 per event per day

13 Compliance Meeting For Ongoing/Numerous Violations Required attendees: City Inspector, Project Engineer/Manager (City staff) and Developer representative A Mutually Agreed Schedule of Compliance Compliance Milestones and Progress requiring documentation

14 Misdemeanor Citation Criminal Citation goes on permanent record includes fine and/or jail time Must Appear in Court Immediate Issued at Site City or District Attorney Involvement

15 Typical Problems on Sites Non-Existent BMPs Insufficient BMPs Un-maintained BMPs Lack of Perimeter Controls Improper De-watering Tracking Sediment Into the Street Discharge to Stormdrain System

16 Typical Problems on Sites (Contd..) Improper Storage of Construction Materials and Waste Unprotected Stockpiles and Waste Piles No Designated Washout Area Inadequate Employee and Subcontractor Training Equipment Leaking

17 Best Management Practices Protect Storm Drains Protect Driveways Protect Perimeter Keep Street Clean Follow Proper Dewatering BMPs Cover Storage Areas, Stockpiles, and Waste Piles

18 Best Management Practices (Contd..) Designate Washout Areas Clean Up Spills and Leaks Protect Slopes Protect Disturbed Soil Area Collect Discharges

19 Conclusion 1. See a Stormwater Violation at Site? 2. Ask Contractor to Correct Document, issue Notice of Unsatisfactory Condition, take pictures 3. No Action Taken? 4. Call Tell Receptionist Problem at Construction Site 6. Coordinate with ESD Inspector, as Needed

20 FAQs? How bad is bad? 1. Good Housekeeping? 2. Storm Drains Protected? 3. Is it Raining? 4. Measures to the Maximum Extent Practicable 5. Large Impacts? (Eg. Slopes Eroding Away) 6. Hazardous Material? Report Immediately

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