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Stormwater Management: State Inspections Often Catch Contractors by Surprise
Preparation and follow-through are key to handling the Colorado Department of Public Health and the Environment's enhanced site inspection process for stormwater management.
By Brian Garber
(11/01/2006)
Construction professionals have faced a steep learning curve
over the past five years as they scramble to find cost-effective
compliance to the new stormwater regulations and enhanced
site inspection process.
Typically, inspections involve a section-by-section review
of the state permit requirements and an equally thorough site
walk. The process may include a few surprises, but overall,
it is a straightforward review of paper work requirements
and inspection of field-implemented best management practices.
Taking a few simple actions can limit potential liability
during an inspection. Make sure all paperwork is complete
and up to date. This means obtaining a stormwater general
permit and preparing a SWMP before you begin a project. Make
sure that it spells out practical, site-specific options that
your company's personnel will enact.
A significant part of the SWMP paperwork is the sediment and
erosion-control plan/site map, which should clearly show areas
of cut and fill, types and locations of BMPs, storm drain
inlets and outlets, areas of disturbance and location of pollutant
sources, such as portable toilets, hazardous materials storage
or stockpiles.
Another action to limit liability during an inspection is
attention to field-installed BMPs, which should be managed
at three levels:
Ensure they are installed properly and match details in
the SWMP;
Make sure regularly scheduled inspections are noting problems
with BMPs and correct them as quickly as possible;
Implement an education and enforcement program well before
a scheduled inspection.
Keep in mind that the performance of subcontractors and trade
partners may affect your SWMP compliance.
Follow-Through
Each inspection concludes with a closing conference that
produces items likely to be reported to the CDPHE and appear
on the state inspection report. Each item presents potential
liability for which you might be fined. The state inspection
report can take more than a month to be delivered and by
the time you receive it, you may have less than 10 days
to respond.
Your response should include the aforementioned documentation
to show that you corrected all items or a careful explanation
of why corrective action was not taken. Each item must be
carefully reviewed, and each corrective action documented
or contain reasons why the inspection report does not reflect
actual conditions.
Adding It Up
The process has produced an average of 300 inspections a
year for fiscal years 2004, 2005 and 2006. So far, in 2006,
the state has issued 11 notices of violation/cease and desist
orders and collected $99,351 in penalty fines. The average
fines per case have been $42,500, with fines starting around
$8,000. Many of the third-party inspections performed this
year are not included in these statistics, or fines and
penalties have not yet been assessed.
The state will likely double the number of violations from
2005 to 2006, and over the next few years, expect to see
violation/cease and desist orders and fines increase dramatically.
However, if your company manages its paperwork and maintains
field BMPs, the liability of these inspections can be greatly
reduced.
The EPA has made sure that the CDPHE increases the number
of construction stormwater inspections, but the EPA has
not gone away. The agency conducted a series of inspections
in spring 2006 on sand and gravel operations for their light
industrial permits. This is the second of many industry
sectors they may target in Colorado, and the EPA may now
encourage the state to more closely monitor these permits.
If you have facilities that fall under any type of light
industrial permit, it would behoove you to take the plan
off the shelf, make sure it's up to date and ready for a
thorough review.
Brian Garber is a stormwater compliance
consultant for CTL/Thompson Inc. He may be reached at 303-825-0777
or bgarber@ctlthompson.com.
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