BMPs: Best Management Practices are water pollution control practices.

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1 11.30 EROSION AND SEDIMENT CONTROL ENTIRE SPECIFICATION IS AN ADDITION BELOW The Contractor s attention is directed to Section 20, Erosion Control and Highway Planting, Section G, Water Pollution, of the Caltrans Standard Specifications, and these special provisions. This project disturbs an area of less than one (1) acre or meets one of the permit maintenance exemptions that does not require coverage under the State Water Resource Control Board (SWRCB) Construction General Permit (CGP). The County/District requires the project to have a Water Pollution Control Program (WPCP). The Contractor shall prepare and submit a WPCP to the Engineer for review and approval prior to start of work. The WPCP shall show how the Contractor will implement the required minimum conceptual water pollution control items shown on the project plans and in the specifications, and any modifications that the Contractor proposes based on Contractor s proposed operation sequence, and regulatory requirements. The WPCP must be prepared in accordance with California Department of Transportation Stormwater Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual (June 2011). The WPCP must take into consideration all conditions of the environmental permits obtained for the project and provided to the Contractor by the District. Where conflicts arise, the environmental permits take precedence over the CalTrans requirements or this specifications requirements. Do not start job site activities until: 1. WPCP is approved by the Engineer. 2. All applicable BMPs are installed and functional. Additional BMPs as required by the WPCP may be installed and removed in sequence in accordance with the Contractor s operation and the approved WPCP. WPCP preparation includes obtaining WPCP approval, amending the WPCP, and monitoring and inspecting WPC practices at the job site. Definitions and Abbreviations Active and Inactive Areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 calendar days, and (2) Inactive areas are areas that have not been disturbed for at least 15 calendar days. BMPs: Best Management Practices are water pollution control practices. CGP: NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No DWQ, NPDES No. Special Provisions June 2006 SP-34

2 CAS000002, as modified by DWQ), also known as the Construction General Permit Construction Phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Flood Control Construction including work activities for building flood control facilities, (3) Plant Establishment including maintenance on vegetation installed for final stabilization, and (4) Suspension where work activities are suspended and areas are inactive. The Construction phase continues from the start of work activities to when the work is complete. CSMP: Construction Site Monitoring Program Normal Working Hours: The hours you normally work on this project NPDES: National Pollutant Discharge Elimination System Preparation Manual: Caltrans' "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual" QSP: Qualified SWPPP Practitioner RWQCB: Regional Water Quality Control Board RPs Responsible parties SWPPP: Storm Water Pollution Prevention Plan SWRCB: State Water Resources Control Board WPC: Water Pollution Control WPC Manager: Water Pollution Control Manager. The WPC Manager implements water pollution control work described in the WCPC and oversees revisions and amendments to the SWPPP. WPCP: Water Pollution Control Program Submittals The Contractor must do the following: 1. Prepare and submit 2 copies of the WPCP within 14 calendar days of issuance of Notice to Proceed #2 by the District, and allow 7 calendar days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped. Special Provisions June 2006 SP-35

3 2. Change and resubmit the WPCP within 7 calendar days of receipt of the Engineer's comments. The Engineer's review resumes when the complete WPCP is resubmitted. 3. When the Engineer approves the WPCP, submit an electronic and 3 printed copies of the approved WPCP. Submit: 1. Within 14 calendar days of issuance of Notice to Proceed #2 by the District, stormwater training records including training dates and subject for employees and subcontractors. Include dates and subject for ongoing training, including tailgate meetings. 2. Employee training records: a. Within 5 calendar days of WPCP approval for existing employees b. Within 5 calendar days of training for new employees c. At least 5 calendar days before subcontractors start work for subcontractor's employees Submit as required. Sample forms are included at the end of these specifications. 1. BMP Status Reports use Alameda County Form CEM Inspection Reports - use Alameda County Form CEM Corrective Actions Reports - use Alameda County Form CEM Visual Monitoring Reports Quality Control and Assurance Provide storm water training for: 1. Project managers 2. Supervisory personnel 3. Employees involved with WPC work 4. Train all employees, including subcontractor s employees, in the following subjects: 5. WPC rules and regulations Special Provisions June 2006 SP-36

4 6. Implementation and maintenance for: 7. Temporary Soil Stabilization 8. Temporary Sediment Control 9. Tracking Control 10. Wind Erosion Control 11. Material pollution prevention and control 12. Waste management 13. Non-storm water management 14. Identifying and handling hazardous substances 15. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances 16. Employees must receive initial WPC training before working on the job. 17. Conduct weekly training meetings covering: 18. WPC BMP deficiencies and corrective actions 19. BMPs that are required for work activities during the week 20. Spill prevention and control 21. Material delivery, storage, use, and disposal 22. Waste management 23. Non-storm water management procedures If the Contractor operates construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC practices. Construction support facilities include: 1. Staging areas 2. Storage yards for equipment and materials 3. Mobile operations 4. Batch plants for PCC and HMA Special Provisions June 2006 SP-37

5 5. Crushing plants for rock and aggregate 6. Other facilities installed for your convenience such as haul roads If the Contractor operates a batch plant to manufacture PCC, HMA, or other material; or a crushing plant to produce rock or aggregate; obtain coverage under the General Industrial Permit. The Contractor must be covered under the General Industrial Permit for batch plants and crushing plants located: 1. Outside of the job site 2. Within the job site that serve one or more contracts Discharges from manufacturing facilities such as batch plants must comply with the general waste discharge requirements for Order No DWQ, NPDES General Permit No. CAS000001, issued by the SWRCB for "Discharge of Stormwater Associated with Industrial Activities Excluding Construction Activities. "The General Industrial Permit is available at: If the Contractor obtains or disposes of material at a non-commercially operated borrow or disposal site, the Contractor must prevent water pollution due to erosion at the site during and after completion of activities. Upon completion of work, the Contractor shall leave the site in a condition such that water will not collect or stand therein. Water pollution control practices required at Contractor-support facilities and noncommercially operated borrow or disposal sites shall be considered as included in the WPCP and will not be paid for. The Contractor may purchase copies of the Preparation Manual from the Caltrans Publication Distribution Unit. The mailing address for the Publication Distribution Unit is: State of California Department of Transportation Publication Distribution Unit 1900 Royal Oaks Drive Sacramento, California Telephone: (916) Special Provisions June 2006 SP-38

6 The Preparation Manual and other WPC references are available at the Caltrans' "Construction Storm Water and Water Pollution Control" Web site. For the Web site, go to: Water Pollution Control Manager The Contractor must assign one WPC Manager to implement the WPCP. The Contractor may assign a different QSP to prepare the WPCP. The QSP must have the following qualifications: 1. Qualifications described in the Permit for a QSP 2. Completed a State Water Board Sponsored Training Course through an approved California Storm Water Quality Association s (CASQA) QSP training course. Pass a QSP examination offered and proctored by the State and Regional Water Board. Request the QSP certificate from CASQA and pay the required registration fee. The Certificate will be good for two years, after which the person holding the certificate must renew the registration. At the job site, the WPC Manager must: 1. Be responsible for WPC work 2. Be the primary contact for WPC work 3. Oversee the maintenance of WPC practices 4. Oversee and enforce hazardous waste management practices including spill prevention and control measures 5. Have the authority to mobilize crews to make immediate repairs to WPC practices 6. Ensure that all employees have current water pollution control training 7. Implement the accepted WPCP and amend the WPCP when required 8. Be at the job site within 2 hours of being contacted 9. Have the authority to stop construction activities damaging WPC practices or causing water pollution WPC Manager must: 1. Conduct Inspections of WPC practices identified in the WPCP Special Provisions June 2006 SP-39

7 2. Conduct Inspections for visual monitoring as stated in the WPCP WATER POLLUTION CONTROL PROGRAM (WPCP) The WPCP must include WPC practices for storm water and non-stormwater from areas related to the job site including staging, storage and access roads, activities or mobile operations related to contractor obtained NPDES permits, and for construction support facilities. Elements of the WPCP shall include: 1. Title sheet 2. Table of contents 3. WPCP Certification and acceptance 4. Amendment log 5. Contractor annual certification and acceptance by Engineer 6. Project and contractor information 7. Contact information for responsible parties (RPs) 8. Training for the following RPs 9. WPC Manager 10. WPCP preparer, if WPCP not developed by WPC Manager 11. Stormwater Inspector, if assisting WPC Manager 12. Pollution sources and control measures 13. Potential pollutants from site features or know contaminants 14. Best Management Practices including: 15. Soil stabilization and erosion controls 16. Sediment controls 17. Tracking controls 18. Wind erosion controls 19. Non-stormwater management Special Provisions June 2006 SP-40

8 20. Waste and material management 21. Water pollution control drawings (WPCDs). The WPCDs shall including the following: 22. Site location 23. Detailed site plan and shall show the following: 24. Locations of disturbed soil areas 25. Water bodies and conveyances 26. Locations and types of water pollution control practices that will be used for each Contractor-support facility 27. Locations and types of temporary water pollution control practices that will be used in the work for each construction phase 28. Locations and types of water pollution control practices that will be installed permanently under the contract. 29. Discharge locations 30. Locations planned for storage and use of potential nonvisible pollutants 31. Receiving water locations 32. Copy of permits obtained from the Department of Fish & Game, San Francisco Bay Conservation and Development Commission, United States Army Corps of Engineers, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse. 33. WPCP Amendments 34. WPCP Schedule The WPCP schedule must show when: 1. Work activities will be performed that could cause the discharge of pollutants into storm water 2. WPC practices associated with each construction phase will be implemented 3. Soil stabilization and sediment control practices for disturbed soil areas will be implemented 4. Construction Site Monitoring Program Special Provisions June 2006 SP-41

9 5. WPCP Reporting Requirements WPCP Amendments The Contractor shall amend the WPCP whenever there is a change in construction or operations that may cause the discharge of pollutants to surface waters, groundwater, municipal storm drain systems, or when deemed necessary by the Engineer. All WPCP amendments shall be documented in letter format and include revised WPCD sheet, as appropriate. WPCP amendments must be certified by the contractor and requires approval by Engineer. All WPCP amendments shall be documented within the WPCP and a printed copy of the accepted WPCP must be retained at the job site. The Contractor must amend the WPCP if: 1. Changes in work activities could affect the discharge of pollutants 2. WPC practices are added by change order work 3. WPC practices are added at the contractor s discretion Whenever the Contractor amends the WPCP, follow the same process specified for WPCP acceptance. WPCP Schedule The WPCP schedule must show when: 1. Work activities will be performed that could cause the discharge of pollutants into storm water 2. WPC practices associated with each construction phase will be implemented 3. Soil stabilization and sediment control practices for disturbed soil areas will be implemented Construction Site Monitoring Program (CSMP) The QSP must prepare a CSMP as part of the WPCP. The CSMP must be developed before starting work and be revised to reflect current construction activities as necessary. The CSMP must include: 1. Stormwater Site Inspection and Visual Monitoring 2. Non-Storm Water Discharge Monitoring Visual Monitoring Schedule Special Provisions June 2006 SP-42

10 The WPC Manager must conduct visual inspections prior to forecast rain events with probability of 50% or more by the National Weather Service Forecast Office. 1. Perform visual inspections and record observations during normal working hours as follows: 2. Record the time, date, and rain gauge reading 3. Observe: 4. Within 2 days before the storm: 5. Drainage areas for spills, leaks, or uncontrolled pollutants 6. Proper implementation of WPC practices 7. Storm water storage areas for leaks and adequate freeboard Every 24 hours during the storm: 1. WPC practices for effective operation 2. WPC practices needing maintenance and repair Within 2 days after the storm event: 1. Discharge locations 2. WPC practices to evaluate the design, implementation, and effectiveness 3. To identify where additional WPC practices may be needed Observe flowing and contained storm water for the presence of floating and suspended materials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants Observe the job site for the presence of authorized and unauthorized non-stormwater discharges and their sources The WPC Manager must prepare visual inspection reports that include the following: Name of personnel performing the inspection, inspection date, and date inspection report completed 1. Storm and weather conditions 2. Locations and observations Special Provisions June 2006 SP-43

11 3. Corrective actions taken 4. Maintain visual inspections reports at the job site as part of the WPCP. IMPLEMENTATION REQUIREMENTS Install applicable facilities and devices used for water pollution control practices before performing work activities. Install soil stabilization materials for water pollution control practices in all inactive areas or before storm events. Monitor the National Weather Service Forecast Office on a daily basis. For forecasts, go to: Whenever the Contractor, WPC Manager or the Engineer identifies a deficiency in the implementation of the accepted WPCP: 1. Correct the deficiency immediately, unless the Engineer authorizes an agreed date for correction 2. Correct the deficiency before precipitation occurs 3. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the County may correct the deficiency and deduct the cost of correcting the deficiency from payment. 4. Repair or replace water pollution control practices within 24 hours of discovering any damage, unless a longer period is authorized. 5. The County does not pay for the cleanup, repair, removal, disposal, or replacement of water pollution control practices due to improper installation or Contractor negligence. 6. The Contractor may request or the Engineer may order changes to the WPC work. Changes may include additional or new WPC practices that result from changed circumstances, or where the Engineer orders changes to the WPC. Additional WPC work is paid for as extra work under Section D, Extra Work, of the Caltrans Standard Specifications. 7. The Contractor may request or the Engineer may order laboratory analysis of stormwater samples. If ordered, laboratory analysis of stormwater samples is paid for as extra work under Section D, Extra Work, of the Standard Specifications. 8. Attention is directed to Enforcement and Penalty for Non-Compliance section below. Special Provisions June 2006 SP-44

12 9. Continue WPCP implementation during any temporary suspension of work activities. 10. Install WPC practices within 5 days or before predicted precipitation, whichever occurs first. Inspection The WPC Manager must conduct inspections for WPC practices identified in the WPCP: 1. Before a forecasted storm 2. After precipitation that causes site runoff 3. At 24-hour intervals during extended precipitation 4. On a predetermined schedule, a minimum of once a week 5. The WPC Manager must conduct daily inspections of: 6. Storage areas for hazardous materials and waste 7. Hazardous waste disposal and transporting activities 8. Hazardous material delivery and storage activities 9. WPC practices specified under "Construction Site Management" of these special provisions 10. The WPC Manager must use the Inspection Report Alameda County Form CEM Storm Water Site Inspection Report provided in the Preparation Manual. The WPC Manager must prepare BMP status reports that include the following: 1. Location and quantity of installed WPC practices 2. Location and quantity of disturbed soil for the active or inactive areas 3. Within 24 hours of finishing the weekly inspection, the WPC Manager must submit: 4. Copy of the completed daily and weekly site inspection report 5. Copy of the BMP status report. The report must include: 6. Location and quantity of installed water pollution control practices 7. Location and quantity of disturbed soil for active and inactive areas Special Provisions June 2006 SP-45

13 8. Copy of NOAA weather reports 9. Copy of sample collection and testing results, if performed, for site runoff discharges 10. The Contractor must provide to the Engineer one set of hard copies, and a CD (or DVD) containing all of the above documents on the 20 th day of each month during the construction contract period. The electronic files of these document must be organized with appropriate file and file folder names, clearly identifying (date, type of document, etc.) what the file is for. Failure to submit the required monthly information may result in a hold on the progress payment for the WPCP pay item. Additional Reporting Requirements Reporting requirements will include: 1. Record Keeping 2. Discharge Reporting 3. Regulatory Agency Notice or Order Reporting 4. Illicit connection/illegal Discharge Reporting Record Keeping Records shall be retained for a minimum of three years for the following items: 1. Accepted WPCP and Amendments; 2. Stormwater Site Inspection Reports; 3. Site Inspection Report Corrective Actions Summary; and 4. Notice of Discharge Reports Discharge Reporting If a discharge or evidence of a prior discharge is discovered by the contractor, the contractor shall notify the Engineer within 6 hours of the discharge event or discovery, and will file a written report to the Engineer within 48 hours of the discharge event or discovery of evidence of the prior discharge. The written report to the Engineer will contain the following items: 1. The date, time, location and type of unauthorized discharge 2. Nature of operation that caused the discharge Special Provisions June 2006 SP-46

14 3. Initial assessment of any impacts caused by the discharge 4. The BMPs deployed before the discharge event 5. The date of deployment and type of BMPS deployed after the discharge event, including additional measures installed or planned to reduce or prevent reoccurrence 6. Steps taken or planned to reduce, eliminate and/or prevent occurrence of the discharge 7. Reporting of discharges shall be documented on CEM-2065 Notice of Discharge (see sample in the back of the specifications). Completed CEM-2065 Notice of Discharge reports shall be submitted to the Engineer within 24 hours of discharge event or discovery of evidence of a prior discharge. REGULATORY AGENCY NOTICE OR ORDER REPORTING If the project receives a written notice or order from any regulatory agency, the contractor will notify the Engineer within 6 hours of receiving the notice or order and will file a written report to the Engineer within 48 hours of receiving the notice, or order. Corrective measures will be implemented immediately following the notice or order. The report to the Engineer will contain the following items: 1. Date, time, location, and cause or nature of the notice or order 2. BMPs deployed prior to receiving notice or order 3. Date of deployment and type of BMPs deployed after receiving the notice or order, including additional BMPs installed or planned to reduce or prevent reoccurrence 4. An implementation and maintenance schedule for any affected BMPs ILLICIT CONNECTION/ILLEGAL DISCHARGE REPORTING If the contractor discovers an illicit connection to a storm drain system or any pipe discharging on to the project site not shown on the project plans the contractor shall notify the Engineer within 6 hours of the discovery and will file a written report to the Engineer with 48 hours of the discovery. If the contractor discovers any illegal discharge including illegal dumping of material on the project site the contractor shall immediately notify the Engineer and will file a written report to the Engineer within 3 days of discovery. The report to the Engineer will contain the following items: Special Provisions June 2006 SP-47

15 1. Date, time, and location of the discovery 2. Details of the illicit connection or illegal discharge, including any photographs taken 3. Any actions taken to contain illegal discharge 4. Any sampling and testing to determine material dumped or discharged ENFORCEMENT AND PENALTY FOR NON-COMPLIANCE This section provides for the District and/or County to enforce and impose penalties for Contractor s non-compliance with the requirements of section G of the Caltrans Standard Specifications, including all laws, regulations, rules, policies, plans, or WPCP that are incorporated by reference. The County/District s exercise of these enforcement and penalty provisions in no way limits Contractor s contractual obligations, potential liability or obligation to defend and indemnify the County/District from enforcement or penalties imposed by local, State or Federal Government agencies. In addition to other remedies otherwise available to the County/District, and, depending on the severity and timing of the violation, and the Contractor s responsiveness, the County/District may elect to do one or more of the following at any time: Withhold monthly progress payments until all corrections are made. Issue a Stop Notice for the project. The Stop Notice will be enforced until the Contractor brings the site to compliance with the WPCP requirements. Each working day within the Stop Notice period will count as a construction work day towards the construction contract duration allowed for the project as specified in Section 4, TIME OF COMPLETION AND LIQUIDATED DAMAGES, of the Special Provisions. All construction delay costs associated with Contractor s failure to comply with the WPCP requirements shall be the Contractor s responsibility and the Contractor shall not lay claim for time, money or otherwise against the County/District. All construction delay resulting from a Stop Notice issued under this provision shall be delay from which liquidated damages may be assessed in accordance with Section 4 of the Special Provisions. Abate the portion of the construction site or project that is in violation. The County/District may at any time following non-compliance with a notice of first time non-compliance use County/District forces and/or hired contractor to implement the abatement. The intent of the abatement is to mitigate the violation expeditiously before the County/District will be fined and/or penalized by Local, State and/or Federal regulatory agencies for Contractor s non-compliance. The extent of abatement will be the minimum treatment measures necessary to bring the site into compliance. The actual costs of abatement, including but not limited to administrative and incidental costs and expenses, will be documented and deducted from the monthly progress payment due, Special Provisions June 2006 SP-48

16 withheld from retention or otherwise back charged to the Contractor. The treatment measures implemented will then become the property and responsibility of the Contractor. The Contractor shall be responsible for adjusting the treatment as necessary in accordance with the Contractor s operation. The Contractor shall not lay claim for time, money, or otherwise against the County/District for inconvenience, obstruction to Contractor s operation, or delay as a result of the treatment installation. Furthermore, the Contractor shall defend and indemnify the District and County for any and all fines, claims, actions, assessments, penalties or administrative actions imposed by Local, State and/or Federal agencies.as a result of Contractor s inability or failure to comply with the minimum storm water pollution prevention requirements of these Specifications, including, but not limited to the WPCP and any instruction from the Engineer or any regulatory entity. MEASUREMENT AND PAYMENT Full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in developing and implementing the WPCP, including providing a WPC manager, obtaining approval of, and amending the water pollution control plan or WPCP, providing and installing the items needed for water pollution control, implementing the practices needed for water pollution control, conducting water pollution control training, and monitoring, inspecting, correcting and maintaining the water pollution control facilities and practices in a functional manner, as specified in the Caltrans Standard Specifications and these special provisions, and as directed by the Engineer, shall be considered included in the lump sum price bid for Erosion and Sediment Control. Payment of the lump sum price for Erosion and Sediment Control work shall be made as follows: 1. A maximum of 10% of the lump sum price for Erosion and Sediment Control Work shall be paid to the Contractor upon Engineer approval of the plan. 2. A maximum of 20% of the lump sum price for Erosion and Sediment Control Work shall be paid to the Contractor upon installation of the water pollution control practices for the entire project. This amount shall be prorated until all of the water pollution control practices are installed. 3. The remainder of the lump sum price for Erosion and Sediment Control Work shall be paid to the Contractor for maintenance and removal of the water pollution control practices. This payment amount shall be prorated until all of the water pollution control practices are removed at the end of the project. Since this is a lump sum bid item, any additional water pollution control practices required due to changes in the scope of work for the project, will be included as part of any Change Order. Special Provisions June 2006 SP-49

17 The District will not pay for the preparation, collection, laboratory analysis, and reporting of stormwater samples for nonvisible pollutants if water pollution control practices are not implemented before precipitation or if the Contractor fails to correct a water pollution control practice before precipitation. END OF DOCUMENT Special Provisions June 2006 SP-50

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