Storm Water Thoughts...Inspector Impersonators

In the past two weeks I have heard disturbing news that there are individuals out there representing themselves as "Regional Water Quality Inspectors". If someone enters your office or building site, make sure that people claiming to be a RWQCB Inspectors, actually are, and not someone trying to sell you product or services. It's an old scam used occasionally throughout the country. An individual impersonates an official inspector of a given Agency, e.g. OSHA, EPA, RWQCB, etc. The goal is to make you afraid that you are in gross violation, and then either extort money from you to keep quiet, or sell you product that you may or may not need. These people have an agenda, and its not necessarily in your interest, they will say anything to get you to part with your money.

California Help Impersonating a police officer?
b) Any person who falsely represents himself or herself to be a public officer, investigator, or

inspector

in any state department and who, in that assumed character, does any of the following shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment, or by imprisonment in the state prison:

(1) Arrests, detains, or threatens to arrest or detain any person.

(2) Otherwise intimidates any person.

(3) Searches any person, building, or other property of any person.

(4) Obtains money, property, or other thing of value


Oakland police arrest man in bogus inspector case
Associated Press
11/25/09 7:20 PM PST
OAKLAND, CALIF. — Oakland police have arrested a man they say was shaking down business owners by pretending to be a labor inspector.
Police say Michael Bolanos was taken into custody after reports that a man with a badge was walking into small businesses, pretending to be a state or federal inspector and claiming to have found violations that would result in expensive fines.
Bolanos would then allegedly take payments of $350 to $800 from the business owner.
Investigators say since arresting Bolanos on Nov. 4, they have found 19 business owners who were victimized.
Oakland police Officer Dave Wong says Bolanos has been charged with multiple felony counts of theft and extortion and misdemeanor counts of impersonating a state officer.
Bolanos has pleaded not guilty to the charges.

Suspect apprehended after posing as Cal/OSHA inspectorSACRAMENTO --A paroled felon who allegedly victimized several minority-owned small businesses in the Los Angeles County area by posing as a Cal/OSHA inspector was recently arrested in a joint Cal/OSHA sting operation conducted by the Los Angeles County District Attorney's Major Crimes Unit.
The suspect, Mark Dwayne Jackson, threatened to impose severe monetary fines and penalties for non-existent safety violations unless the owners agreed to a cash settlement. In return Jackson promised not to issue citations against them.
Jackson presented false OSHA identification cards bearing the name of one of the inspectors with the Cal/OSHA Anaheim High Hazard Unit.
Jackson was apprehended after a business owner agreed to be wired and pass marked money to the suspect. The suspect was arrested at the scene of the owner's business.
After a search warrant was obtained, investigation of Jackson's home and vehicle turned up evidence of OSHA paraphernalia and false OSHA identification cards bearing a colored photograph of the suspect and the name of a Cal/OSHA inspector. Also discovered were names and addresses of other potential business victims.
The suspect will be charged with penal code violation 146a(b)(2), impersonating a state officer.
"We hope business owners take heed of this case in Los Angeles to avoid a similar experience," said John Howard, Cal/OSHA chief. "Impersonation of a Cal/OSHA inspector undermines the real work of Cal/OSHA which is to protect workplace safety and health."
Beware: Fake Inspector 'Forgives' Fines for Cash
The California Department of Industrial Relations' Division of Occupational Safety and Health (Cal/OSHA) is investigating several incidents involving a man impersonating a Cal/OSHA inspector and suspected of defrauding restaurant owners. According to Cal/OSHA, several similar incidents have occurred across the southern part of the state, in the costal region near Santa Barbara and in Roseville.
Cal/OSHA reports that after producing what appears to be a valid identification, the suspect inspects the worksite finding alleged safety violations that, according to him, add up to thousands of dollars in fines. The suspect then informs the business owner that he will not issue citations if they give him cash immediately.
"It is important for all employers to know that a Cal/OSHA inspector will never request payment on-site, under any circumstance. Moreover, an inspector will never request payment in lieu of citations," said Acting Division Chief Len Welsh. "We encourage all employers to ask for a state identification card and a business card. If the employer has suspicions that the individual is not a true Cal/OSHA representative, additional verification may be obtained by calling Cal/OSHA's local office to ask about the individual."
Business owners should know that Cal/OSHA citations are payable only after issuance of a citation, and the preferred method is through the mail to the California Department of Industrial Relations' Accounting Unit. All payment details are clearly spelled out on the citation itself when it is issued. If an inspector ever requests payment on-site for any reason, employers are urged to call Cal/OSHA headquarters immediately at 510-286-7000. Cal/OSHA will then contact local law enforcement officials.
Worksite health and safety inspections are typically conducted with no prior notice, and Cal/OSHA representatives identify themselves to the employer by showing their State of California Photo Identification Card and Division of Occupational Safety and Health business card prior to conducting an inspection.
The Roseville Police Department has issued a warrant for the arrest of a man who they believe was part of two recent incidents involving impersonating a Cal/OSHA inspector

Beware these people are out there.

Storm Water Thoughts...Credentials

It's been a while since I last wrote on this site. I've been very busy making a living, writing SWPPPs, doing Site Inspections, speaking at conferences and providing NPDES Training to numerous companies. I just heard the other day that there are people in California passing themselves off as QSPs, Qualified SWPPP Practitioners, and QSDs, Qualified SWPPP Developers. I've written about this before, but apparently there is still some misunderstanding. Per the new California Construction General Permit (CGP) or NPDES Permit, individuals developing SWPPPs must by July 1st of 2010, be precertified (per Section VII of CGP Permit, or Table 9 of the Fact Sheet)see table below.


On the other hand a QSP must be certified by September 2nd 2011. So what does this all mean. In the case of the QSD, as mentioned, you must have successfully completed the pre-requirements (see table above) to develop a SWPPP after July 1st of 2010 and complete a QSP/QSD class (provided by a State Registered Trainer of Record, CASQA)and RWQCB Exam prior to September 2nd 2011 to continue on as a QSD after September 2 2011. The QSP on the other hand needs to complete the pre-requirements (see table above) and then take a QSP class(provided by a State Registered Trainer of Record, CASQA)and RWQCB exam prior to September 2 2011. Unless stipulated by contract requirement, the QSP is not neccessary until September 2, 2011. The QSP/QSD class takes 3 days (24hrs) and covers the Construction General Permit. The first 2 days meet the QSP requirements, the 3rd day meets the QSD requirements. If you are checking to see if your SWPPP preparer (QSD) meets the pre-requirements and you know they are not a California PE, check out the following website: http://www.cpesc.org/ , if you want to see if your Inspector / BMP Installer (QSP)meets the pre-requirements check out the following websites: http://www.cesswi.org/ci-default.asp , or http://cisecinc.org/
Although the QSP requirement doesn't go into force until September 2nd of 2011, I am seeing contracts daily that have built the requirement into the specifications already.

I have seen a great demand for training for people that need to get into the QSP pipeline so there organizations will be ready when all projects will require a QSP. To understand the QSP process, depending on your experience and training, you may require formal training prior to entering a CISEC or CESSWI program, remember you can sign up for the class anytime, but you cannot take the class exam without pre-approval by these organizations (CISEC or (CESSWI)InviroCert), I have recently heard pre-approval is taking 30 to 45 days. The CISEC or CESSWI review class and exam take 2 days, the primary focus is on Inspection, and is based on a National Model (EPA) with what I would call a municipal perspective. The QSP class, provided by a State registered Trainer of Record, see CASQA site for specifics: http://www.casqa.org/ , including names of companies and a calender of classes from various providers. The QSP Class takes 2 days, and the focus is on learning how to navigate through the California Construction General Permit. Through the CASQA site you can also sign into the State Water Board Training Academy to reserve a seat for testing. You must provide proof of QSP class attendence and ID when you go take your test (approx 3 hrs). If you have questions with regards to best strategy for your organization with regards to QSPs, how many do I need etc., feel free to contact me at (949) 351-1547.

July 1st, 2010 The New NPDES Permit is here

The new NPDES Permit is here, but what does that mean for you. Over the past 30 days I have been heavily involved with updating existing SWPPP's to bring them in line with the new permit requirements, and then posting them on the SMARTS site with the State. The process is simple enough, the LRP...Legally Responsible Person (Owner) receives a notice from the State to create an account and certify an existing NOI. The LRP is provided with a SCN or Secret Code Number which is linked to the WDID number from the NOI. Once the LRP registers and validates the NOI they can then add data submitters like the GC and consultants such as me. The LRP must be provided the USER ID's of the data submitters to add them into the system. With this accomplished the data submitter has full visibility of all projects that are linked to that USER ID, and can now log into each and perform updates as needed such as uploading the SWPPP.

As to credentials, and people that are qualified to perform these tasks.

Under the new permit it clearly states that you must be a QSP, Qualified SWPPP Practitioner to perform BMP inspections and supervise the installation of BMP's. The QSP training and testing do not exist as yet, but are slated to come on line (be available) sometime in the next 60 days. The prequalifications for becoming a QSP are that you possess a CA-PE, (CA-Professional Engineer) CISEC (Certified Inspector of Sediment and Erosion Control) or CESSWI (Certified Erosion, Sediment and Storm Water Inspector). All these certifications require formal and informal training, as well as time in the field (industry). It is my understanding that inspections must be performed by individuals with the required prequalification’s until training and the QSP exam are fully available with some added time (Sept 2011).

Under the new permit you must be a QSD (Qualified SWPPP Developer) to write a SWPPP and make amendments to an existing plan. The QSD training and testing do not exist as yet, but are slated to come on line (be available) sometime in the next 60 days. The prequalification’s to be a QSD are: CA-PE, CPESC (Certified Professional in Erosion and Sediment Control) or CPSWQ (Certified Professional in Storm Water Quality). All these certifications require formal and informal training, as well as time in the field (industry). It is my understanding that all SWPPP's developed after July 1st must be developed by individuals with at least the prerequisite credentials until the QSD training and exams are generally available, and that this testing must be accomplished by a given date (as yet somewhat ambiguous to me).

New California NPDES Permit

I wanted to provide a quick overview of the New California NPDES Permit, and how it will impact estimators, project managers and field personnel. Initially there are 8 points to consider.
1st. Tier 1, 2, 3, Risk Assessment of the project site. 2nd. Turbidity & pH testing for all Tier 2 & 3 sites. 3rd. NEL's, Numeric Effluent Limits, have been established for the state. 4th. NAL's, Numeric Action Levels have been established for the state. 5th. REAP, Rain Event Action Plans, will be required for all Tier 2 & 3 sites. 6th. Receiving Water and Bioassessment evaluation and testing for some Tier 3 sites. 7th. State Standardized Exams for QSP, Qualified Stormwater Practitioner, and QSD, Qualified Stormwater Developer. 8th. Electronic submission of all PRD's. All in all a good collection of new standards, requiring a much deeper understanding of Storm Water related Documentation, BMP's, Inspection and run-off. People will need serious training to comply on each project site, and the state claims it will balance the budget with the fines levied against violators...just kidding, maybe?

New NPDES Permit/SWPPP's & Inspection

OK, it has been a while since I last updated this Blog. The reason, we've been busy writing SWPPP's, WPCP's, doing Inspections, Training people how to spell BMP, and overall trying to provide the right combination of materials and labor to our many clients. It has been an interesting 6 months, many former clients are no longer around, many have downsized and others, well they're just waiting for the compliance violation shoe to drop. You're probably not surprised that compliance, viewed by many as unimportant in light of the economic times, has taken a backseat because of budget constraints, both on the part of contractors, as well as a lack of effective enforcement by Cities, and the State, etc. It's understandable, contractors are in a highly competitive environment just to win work and survive, and the state, which is virtually in a bankrupt position due to reasons best not discussed in polite company, have limited their resources. The result is that contractors seek to skirt around the regulations, and the City and State Inspectors are few and far between because lack of staff resources, lack of training resources, or just lack.

Hopefully, if you're in the business of storm water compliance in the State of California, you are aware that there is a new NPDES Permit...as in National Pollutant Discharge Elimination System Permit (September 2nd, 2009) that will be brought into force on July 1st, 2010. Translated, this is the states answer to past EPA/CWA non-compliance trespasses. Basically this permit is the state promising the Feds (for Federal $ of course) that they will follow and enforce the regulations established in the Clean Water Act in its current and ever evolving phasing process, as interpreted by the EPA. The new NPDES Permit has a number of things that will change and hopefully improve storm water runoff quality through the tightening up of the filing submittals process, the project evaluation process, and the runoff monitoring process including sample testing (TMDLs etc.).

Some basic rules, any site over an acre must have a SWPPP, Storm Water Pollution Prevention Plan. Every project requiring a SWPPP is required to file a NOI, Notice of Intent w/fees, unless there is a prior existing permit, e.g. some cities, water districts, Caltrans etc., and then they will require a NOC, Notice of Construction. Each project must be assessed individually, but some form of documentation is absolutely essential. ($5000 fine) for failure to file is hardly worth the cost of filing for the NOI, FYI the NOI fees are determined/stated in an established schedule published by the state and fees are based on acreage (remember always round up), e.g. one acre with the current surcharge is $317, subject to change of course. Currently there are many SWPPP formats, but the standards are CASQA and Caltrans, all others are typically hybrids of these two that have been developed by an energetic consulting community, helping Cities, Counties and Water Districts be different. Oh, and also making it difficult for amateurs to develop SWPPP's. The new NPDES Permit will hopefully usher in some standardization of the SWPPP Templates again.

The final point I wanted to make today is in regards to training and the qualifications of both inspectors and SWPPP developers. The new NPDES permit spells out the minimum requirements for an authorized storm water BMP inspector, specifically that a non-PE must be either a CISEC or CESSWI, a CISEC is a Certified Inspector in Sediment and Erosion Control, a CESSWI is a Certified Erosion, Sediment and Storm Water Inspector. The prep class for the tests are available frequently, but prior to testing an individual must be approved to sit for the exam by providing proof that they have an adequate understanding of the requirements to be an Erosion & Sediment Control Inspector through classes, seminars, field work etc. Once certified as a CISEC or CESSWI, the state will require additional coursework, currently under development, followed by the successful passing of a state exam by September 2011, to be considered state approved/certified.

The prerequisites to become a qualified SWPPP preparer requires that if you are not a qualified PE then you must be a CPESC, Certified Professional in Erosion and Sediment Control. Once qualified as a CPESC, the state will also require additional coursework, and a state exam prior to September 2011 to be considered state approved/certified.

New NPDES Permit/State of the Industry