On the surface stormwater compliance seems simple: get a permit before you start construction, design and write a plan that describes how you will control pollution, inspect that plan to make sure it is working, and file termination paperwork when you are done. But the complexities of the industry and of the environment, the confusion arising out of layers of regulators with individual interpretations of ever-changing rules make it one of the most challenging and high-risk issues today.

At Paradigm Engineering, Ltd., every project follows our Seven Steps of Compliance methodology. We begin by identifying the personnel who will be responsible on the site, then perform a site assessment and review any documentation already on file.

Once the assessment is complete, we develop a site map and create a comprehensive Storm Water Pollution Prevention Plan (SWPPP). The SWPPP is a required contract between the client and the Environmental Protection Agency (EPA) that spells out, in detail, how pollution will be controlled during the construction process. The SWPPP identifies potential sources of pollution, reviews current pollution management practices, and recommends Best Management Practices (BMP) to minimize, reduce, or eliminate pollution from the site. As the client implements the suggested BMPs, we train their employees in good housekeeping and pollution prevention practices.

1. Training: Having properly trained personnel is key to the success of any program, and stormwater compliance is no exception. In fact, it can be said that storm water compliance is a team sport. Everyone from senior management and project managers, to site superintendents and sub-contractors, will require specific stormwater compliance training. Communication and coordination of this team is essential to success. Part of any qualification training will also involve understanding the regulations that are often misunderstood and misapplied.

2. Permit: The next step in the process involves getting the proper permit, and with each state requiring a different permit, this process can be confusing and time consuming. Construction projects should ensure that all operators on site have permit coverage before construction begins. Each state regulates the permits. Sometimes a state agency issues the permit, while others authorize the county, city or other agency. Some areas require multiple permits. Typically, the required permit is called a notice of intent (NOI).

3. SWPPP: Each permit, or NOI, requires a Stormwater Pollution Prevention Plan (SWPPP) be prepared and implemented prior to the start of construction. A SWPPP is a lot like a set of construction plans. It is unique to each project and must be followed if the project is going to succeed. Once again, the name of the stormwater plan may vary depending on the geographic location of the project. The principle, however, is the same. A SWPPP will describe in detail the type of pollutants found at the site and how to control them during the construction process. Each phase of construction will likely use different techniques, known as Best Management Practices (BMPs), to control and minimize pollution contained in stormwater run-off. This makes the SWPPP a living document, which needs constant attention and revision as the project progresses. This dynamic characteristic of the plan makes the site map and construction schedule two of the most important elements of the stormwater plan as they undergo requirement modification. A SWPPP is also a contract, which means it needs to be signed and certified by a high level official of the company responsible for the project. Other items like endangered species and historic preservation provisions must also be included in the plan. Don’t forget to include a copy of the state regulations with your SWPPP and to keep a copy on site during construction. Finally, many states require that a specific SWPPP site notice be posted at the construction entrance.

4. BMPs: The selection, implementation and maintenance of Best Management Practices (BMPs) are critical to achieving compliance. The SWPPP will include a detailed description of each BMP, as well as a map showing where they are to be used. Each BMP is designed for specific purposes. The BMP used for controlling erosion may not be the most effective for stopping sediment from leaving the site. Some BMPs are permanent structures, while others are temporary. Other BMPs are procedural in nature.

5. Inspections: Each SWPPP requires that regular inspection be conducted to ensure that the plan is working. When land disturbance begins, inspections should begin. The stormwater plan will specify how often inspections on the site will need to occur. The frequencies of inspections are mandated by federal and state regulations and are impacted by rainfall.

6. Housekeeping: Keeping a clean site is critical to maintaining compliance with storm water regulations. A messy, dirty site is a flag to regulators visiting a site. Any citizen can notify the EPA and the regulators are required by law to respond to any complaint.

7. Termination: The final step to the process involves the termination of a site. This many seem obvious, but many sites are terminated before they qualify. Make sure that all construction activity has stopped; that operational control of the site has been turned over to the eventual owner and that all disturbed areas are covered in permanent grass (or returned to their natural state). Then file your termination paperwork, also known as an NOT (Notice of Termination).

Another way to look at the “Seven Steps to Compliance” is to pull out a coin and flip it. This will remind you of two things. First, stormwater compliance is risky business. The financial and legal consequences are extreme. Your coin will also remind you of the 50/50 rule. Fifty percent of the stormwater program is about getting the paperwork straight. The other 50% is about keeping the site clean and the BMPs in good shape. SLDT