It was dark and a stormy night. Under the supervision of PM using BMP, SWPPP stood up on the bed wondering whether the next day RWQCB and SWRCB will protect BSA and ESA from SAP. You do not sleep anymore.
Recognizing the above acronym, I understand that "dark and stormy night" is a serious concern when I am immersed in the world of Arashi's Water Pollution Control Plan (SWPPP). Planning the construction project is not a guarantee against disasters, runaway costs, fines or potential work stoppages. Both maternal or state and local SWPPP officials are unpredictable. The purpose of this article is not to provide technical advice on what the recent court rulings call "what is called the complex web of federal and state laws and regulations on water pollution." 1 Indeed, it will be impossible in some paragraphs permitted.
Please read this article and remember this theme. "The runoff runs under the hill, rainwater and spills are not necessarily subject to the same complicated web that follows laws and regulations.The local municipal handbook of the subject is a long time, for example Caltrans's" Storm Water Quality Handbooks "is hundreds of pages in length, filled with detailed figures and legal references. For example .... "Proper composition and dimensions of piles made of quality wood, longer than stick thickness without spoilage or cracking ..." zzzzzzzzz. Analysis of the SWPPP law and bibliography will only stimulate those who have enthusiasm to read tax regulations or those who admire the hobby that takes into account the merits of plastic and vinyl pocket protectors.
The point of this short article is (i) to provide an overview of SWPPP's "Complex Web" to design professionals, owners, developers, and contractors. (Ii) Emphasize the importance of allocating contractual responsibilities and responsibilities for compliance with applicable laws before applying for permission.
The following anecdote shows the potential pitfalls and dangers of SWPPP. Only names and facts have been changed to protect innocence. Recently, medium-sized contractors have started the project in Central California, where the number of acres in the soil exposed in the winter is significantly less than it is apparent in the summer.
Contractors acquired all permits and applied SWPPP to the case of rain for 10 years in response to the request of local authorities. Unfortunately, the project was delayed, and most of the soil remained exposed to winter conditions. Although not known to contractors, this site had substantial colloidal clay soil. The type of clay was not detailed in the soil report. Because it is not related to compression requirements.
As you guessed, there was a storm beyond the capabilities of the project BMP (best practice practice). Reservoirs built to capture overflowing rainwater and muddy water reached nearby drains. Contractor properly contacted SWPPP consultant. The consultant recommended drainage basin using mainly filter bag at the end of the drainage outlet. It was done, but government inspectors were not conscious of cloudy discharges.
The inspector made some rough calculations and concluded that 18,000 gallons of muddy water was flowed into the stream. He also calculated a fine of $ 10 ($ 180,000) plus $ 10,000 per gallon. Then the contractor almost released its own drainage. What must the contractor do? The contractor submitted the appropriate SWPPP and had appropriate permission. The size of the storm has exceeded SWPPP. The consultant was asked for advice. The advice continued. Nevertheless, due to the unpredictable storm, the contractor or owner could encounter a fine of $ 190,000.
The problem did not end there. Colloidal clay is not uncommon in California and generally requires chemical treatment for settlement to avoid cloudy runoff. In this project, the initial cost of chemical processing was 30,000 to 50,000 dollars, and the monthly charge amounted to several thousand dollars. As can be appreciated, the principal did not anticipate a problem (or fine) as it seems that the project was started in the summer.
Ultimately, a commitment to the provision of additional SWPPP training by contractors by the contractor, significantly reducing fines based on the efforts of the contractor - something like the environment - retraining camp.
Overview of SWPPP
Currently, in California metropolitan areas construction sites with an area of more than one acre must comply with the Federal Clean-up Act and other rainwater spill regulations. Smaller sites can also be included. The authority to issue permission for these projects like the spill flows downhill. The Federal Government requires California to comply with the Clean Water Act. The state has enacted its own laws, granted compliance authority to various RWQCB, and requires compliance with federal and state laws by counties and municipal governments. Political entities in regions that do not want to be abandoned will enact more regulations and require the project owner to comply with all laws and regulations for permission. Each subordinate entity responds to the superior agency. Compliance is initiated at the local level where the owner applies for building permit. In order to obtain a building license, the owner must submit SWPPP to the local agency.
SWPPP is generally a collection of BMPs, specifications and other plans, all of which attempt to avoid contamination and / or improper sediment release in rainwater runoff. SWPPP is usually designed to do the following three things.
Avoid contact of water with contaminated work area (eg oily waste near the dock).
2. Protect pollutants from surfaces in contact with water (for example, to prevent contaminants from being exposed near rivers). And
3. Rainwater will be managed and cleaned before leaving the site and released to public rainwater (eg, using a process to remove filters and contaminants).
Many agencies are preparing publications that identify "standard" BMPs that meet the requirements of SWPPP and can be adopted to obtain permission. These BMPs are usually available from government websites.
To actually create SWPPP, the owner contracts with one of the three entities: SWPPP Consultant / Engineer, Architect, or General Subscriber. Ultimately, I am responsible for compliance violations. Therefore it is important and prudent that the contract clearly designs and takes responsibility for both the preparation and compliance of SWPPP. In addition, other burden is imposed on the parties, such as the training of employees of SWPPP compliance, so that one person can cancel the lifetime work of 100 geniuses in a few minutes. .
Avoiding violations of SWPPP is essential because fines and sanctions can cost you. For example, the city of Sacramento can issue a fine of 5,000 to 25,000 dollars per day and a fine, and a fine per gallon can be fined any further. Soon, prominent local developers fined about 600,000 dollars for the dirt and chemical spills of the Central Valley RWQCB. Depending on the severity of the violation, enforcement may be as severe as notice of suspended work.
Risk allocation of SWPPP compliance
Many contractors and design experts talk about fears of overly enthusiastic inspectors. The story mentioned at the beginning of this article has created several dilemmas. Who should pay the penalty? Who should pay chemotherapy fee? What happens when a fault is shared? Can I stop the project? If so, what happens? How can a party protest against a fine? The answers to these questions are confusing and difficult to find when the parties stop the order due to the stress of the basic fine. Never plan to plan the worst case and limit it to the dry season. There are several lessons learned in this article.
First of all, we are always planning to expose the soil during the dry season. Then ignore the first point. Third, use xpert in the field, understand the regulations, make sure that the parties involved are trained to prevent pollution, and do their best to cooperate with inspectors. Fourth, there is a clear agreement on responsibility for compliance with SWPPP and chain of headquarters concerning emergency / storm. Learn how to contact SWPPP consultants on the weekend or "dark and stormy nights". Fifth, establish appropriate procedures for post quotation strategies to determine quick payment of penalty and ultimate responsibility. For example, contractors and small design experts may not have cash to pay a fine of 25,000 dollars. So what is going on?
Sixth, we prepare a plan for cooperation among related parties to solve or reduce citations. Please pay the penalty (if collected) and advance the project. In the previous example, the contractor was nothing wrong. Should the contractor pay a huge amount of fine or should it be the owner (or someone else)? It is essential to know these answers before going deep into the "spill". Seventh, the parties should contractually agree on a way to meet the unexpected conditions for expenditures for new or additional SWPPP requirements. While the parties answer the responsibility for the pending problem, it is not preferable to stop the project.
Contractors and owners of the anecdotes were in a competent position that local agencies are "rational" to reduce fines, even if the contractor complied with SWPPP. This reduction made it possible to continue the project. However, it is not reasonable to assume that all government agencies or individual inspectors handle the problems that agencies did.
It is a fair premise that the requirement of SWPPP is here. However, the request deserves praise, but it should be expected that the burden will be further increased. Knowing the responsibility of SWPPP in advance will help keep inevitable disputes at a manageable level. It is essential to comply with permission requirements and all government regulations. However, because part of the reason for compliance is in nature, violations are no exception.
Do not forget the important maxim of the construction project. "Effluent" flows downhill. Plan ahead. Please use experts. Understand regulations. Distribute risk on a contract basis. Take your time.
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