Ten tips to stormwater compliance and reducing risk.

Every new project brings with it an opportunity to build upon the one before it. We each have the ability to learn what practices work best and discern when those practices should be implemented. This concept holds true for stormwater compliance. How can improving our stormwater compliance plan help to increase our overall project efficiency and outcome? To answer this question, consider the following top ten stormwater strategies and solutions for upcoming projects.

10. Think Locally, Act Globally

"The sins in Sacramento can affect Chicago." We have heard true stories from companies that saw the failures of a single construction site launch a costly nationwide investigation into stormwater compliance infractions for the entire company. What can we do?

For starters, take a look at your current projects. Remember the recent game show, "The Weakest Link?" If you take this concept and add to it Murphy’s Law, you’re in the right frame of mind to assess your level of stormwater compliance. In other words, take a mental tour of your riskiest project: the one with difficult soil and slope conditions, the high profile location, the site with a new superintendent, or the site where the crew hasn’t received training yet. Wouldn’t it just be the case that this would be the project that gets inspected by the regulators? We see this time and time again across the country. And it doesn’t seem to matter if you are a small company with a dozen projects or a billion dollar, nationwide company with hundreds of projects. Your stormwater compliance program must be robust enough to address the needs of every project, as well as the needs of your overall company. As the boy scouts say, "Be prepared." Put a comprehensive program in place and measure your success from your weakest link.

9. Improve Site Performance

Improving the overall performance of a site can help avoid work stoppages. I know we hear keep sites clean over and over again. This brings to mind a drill sergeant telling a new soldier to keep his quarters clean. There are reasons why he wants the room maintained; it helped ensure a safe environment, it taught discipline in the details, and it was a reflection on him and the squadron.

Similarly, clean sites are easier to build on and they help develop better relationships with regulators and the public living near your site. In addition, clean sites reduce risks such as work related injuries. Finally, clean sites sell the positive image of your company and the product your company represents; whether that product is a new home, a construction service, or a retail store. This attention to detail is simply good business.

8. Document, Document, Document

"If it isn’t written down, it is as if it never happened."

In November 2005, the Environmental Protection Agency (EPA) announced that 70% of all enforcement cases were due to paperwork problems. Not surprising. Compliance falls under the 50/50 rule; 50% of compliance is housekeeping (clean sites!) and 50% is accurate paperwork. Developing a Stormwater Pollution Prevention Plan (SWPPP) is a strong first step. The SWPPP is your detailed plan to control pollution while you build, while your National Pollutant Discharge Elimination System (NPDES) Permit is what gives you permission. To help you follow the plan, inspect your site for problem areas.

Each inspection should be kept inside your SWPPP as documentation, noting both areas to be fixed and areas that are in good condition. Your inspector should also include an updated site map in your SWPPP, marking best management practices (BMP) and other site changes. So much paperwork! Technology may be a solution to tracking inspections and making documents available online for immediate access. Make good recordkeeping a part of your solution for great compliance.

7. Risk Management

The new Sarbanes Oxley’s (Sarbox) financial disclosure laws have crept into environmental compliance. Enforcement inspections now include a Securities and Exchange Commission (SEC) filing document. Fines are calculated daily – up to $32,500 per day – and can be allocated for the life of a project. That’s over a million dollars per month in fines, which could adversely impact the stock price, hence the SEC filing. When you add the potential for jail time, public embarrassment and work stoppage to the list, we clearly have a substantial business risk on our hands. The message here is simple: take storm water compliance seriously. This is not just a "trailer" issue.

6. BMP Life Cycle Cost

Billions of dollars are spent each year on BMPs and their costs are rising. As a quick solution we often turn to the cheapest BMPs. Some low cost BMPs may fall apart and have to be constantly repaired or reinstalled. Is that surprising? Of course not, we have all purchased products that did not meet our expectations and have had to replace them. Ultimately, we will save money if we view BMP purchases as investments. Select durable and better performing products from reputable firms that will maintain what they install.

Like any good investment you need to protect it. Make sure your contractors and subcontractors understand and respect the purpose of the BMPs by finding ways to work around them without damaging them. Some companies levy fines on the subcontractors that damage or destroy BMPs through carelessness. This is not a bad policy, but is not for everyone, especially in areas where quality trades are scarce. At a minimum, make sure you train your subcontractors and reinforce good behavior.

Be careful when selecting your BMP installers as well. Make sure they know what they are doing and can demonstrate a proven track record. Be careful, as you just may get what you pay for.

5. Erosion Control vs Sediment Control

In football terms, the difference is offense versus defense. Both are important to winning the game, but our offense makes the score. We can’t win 0-0. And, like football you need a balanced attack.

Consider shifting your BMP focus from sediment control to erosion control. If sediment control were a defense it would really be more like a goal line stand. The pollution is already at the two yard line and we have to stop it. Inlet protectors, silt fence, waddles, etc., are designed as a last line of defense.

We need to think about preventing sediment from getting started. That is where the offense, or erosion control, kicks in. Erosion control BMPs are proactive measures taken to minimize the destructive effects of wind and water on surface soil. The land you are developing is another investment to protect. Many states require that all exposed soil be covered prior to construction and this trend is traveling across the country. Remember, a winning stormwater plan utilizes an effective combination of erosion and sediment control.

Some of you football fans may have noticed that I only addressed offense and defense. What about special teams you ask? Yes, stormwater compliance has a special teams unit as well. These are often referred to as procedural BMPs and include items we have already discussed, like training, SWPPP implementation, and inspections. Waste management, material storage, and concrete and paint washout containment is another special teams category. Finally, you should consider traffic control a BMP (by limiting the number and location of vehicles allowed in the construction area).

4. Working with Trades

I’ve heard that the definition of stress is being responsible for something without the ability to control it. I think this describes how we often feel about our trade relationships. Trades control 95% of the activities that cause compliance problems. They usually do not hold the permit; therefore they are not accountable to the regulators. As builders we need to reposition our relationships with our trades as being part of our stormwater compliance team. By teaming up with our trades and providing them with valuable training (in their language) they may ultimately help us with our compliance efforts.

3. Cultural Development

A strategy for 2006 is recognizing that successful compliance programs require a change in culture. Organizational development experts tell us you really only get one chance to develop a culture. Once cast, it is very difficult to change. Thankfully, stormwater compliance is a relatively new topic for most. Here are some tips to get your culture off on the right track.

First, like all cultural change, senior management buy-in is a must. If the executives don’t believe it, promote it and practice it, then those below them will not follow. The executives’ name is already on the permit and SWPPP. Who better suited to set the tone for the rest of the company?

Next, set up a clearly defined guidance policy and chain of command for distributing information and resolving issues.

Then, train all levels of the organization, including trade partners and consultants.

Finally, meet regularly to discuss progress, reinforce the mission and correct deficiencies.

At first this may feel a little like learning to write with the opposite hand, but stick with it. It is worth it.

2. Partnering for Success

I strongly encourage you to not go it alone. The best way to tackle compliance is to build a team. Regulators, for some reason, look at exclusively internally run programs like the proverbial fox watching the chicken coupe. Consider what is at stake (see strategy #5). Do you really want to take on all the risk?

So who should be on your team? Here is a list of the players:

Internally: senior management, land development, construction management, purchasing, legal, all site superintendents, and the stormwater compliance officer.

Externally: civil engineer, stormwater consultant, major soil disturbing contractors (grading, utilities, etc.), BMP installation and maintenance, all subcontractors (especially paint, stucco, concrete, waste, landscape and material suppliers), and your builder associations.

Lastly, make the regulators part of your team and make it your goal to meet them before any site inspection take place. You should never meet a regulator for the first time during a site inspection. Develop a strong, working relationship with them from the start. Ask them what they are looking for and how you can help spread the word in the industry. Strive to eliminate the "us vs. them" mentality with regulators. I’ve said it before, but it is true: compliance is a team sport.

1. Budget or Bust

Budgeting is perhaps your most strategic weapon to achieve compliance. We, as a construction industry, are superb stewards. If we are given a budget and a time frame, then we will take whatever creative means is necessary to deliver the project on time and on budget.

However, if an item is not in the budget, you might as well forget about it. Our nature will be to take whatever means necessary to avoid having to spend the money. As discussed earlier, cutting corners can cost us. For many of us, stormwater has caught us between budget cycles. We cut corners because we simply didn’t budget for it. Consider putting as much of the stormwater budget, including paperwork, consulting, and BMP installation and maintenance into the cost of the land. The costs can then be allocated as a percentage of the project or home as it progresses. This will reduce the number of bad decisions made by our already burdened site superintendents.

Land is also an expensive asset. By creating a workable budget we provide enough funding for installation, maintenance and removal of BMPs – all essential for compliance. Stormwater compliance protects your land asset and reduces your overall risk.

Strategies to Keep

These ten strategies will change compliance efforts in both our current projects and in our future projects. By taking a proactive approach to stormwater compliance it will ultimately save time and money. SLDT