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

Clear Water Thoughts / To Silt Fence or Not

There are a lot of ways of installing silt fence, the problem is that more often than not, it's the wrong way. Ok, so what's so hard about installing silt fence properly. There are a few key things to understand and remember to do it right. The first is that silt fence, as shown in the drawing below is designed to be installed in a trench, typically 6" deep and 6" wide so that the fabric forms an L shape in the trench. The second point is that the back fill over the silt fence in the trench must be compacted in order to secure the fabric properly. The silt fence posts must be located on the downhill side of the fabric, so that the fabric when under water pressure from runoff does not pull away from the stakes securing the fabric. Finally the joining of each length of silt fence (100') must not only overlap, but actually spin the end posts 1 full turn of of the fabric prior to pounding in the stakes.

There are several tricks to installing silt fence properly, and I think one of the best is to trench down 12" and backfill 6", this technique reduces the number of broken stakes considerably.
The second trick is to stretch the fabric straight and level between the stakes, and reinforce the attachment of fabric and stake with a zip tie.

Remember the next time you see blue sky under the silt fence, it's in wrong and will do nothing to minimize sediment flow. Silt Fence is also not designed to be placed in a direct flow of water, e.g. accross a stream, dry or otherwise, because it will blow out quickly. On the other hand, it is excellent when installed a foot or so out from the toe of the slope. The other key element for silt fence to be effective is maintenance. Silt will settle on the uphill side of the silt fence, and will bulge out. It is critical that these sediment materials be removed prior to the next rain event. Finally silt fence can be used in combination with other BMP's, for example a gravel bag berm on the uphill side of the fence may be needed to help control and minimze the water pressure against the actual fence. Remember the idea behind these BMP's is to slow the water down long enough so that the sediment has an opportunity to drop out and settle.

What's in your bag?

Over the last few years I have become aware that most people feel that a sand bag is a sand bag, is a sand bag. But there is a difference, especially if we are talking about compliance with the NPDES permit and specifically using the right type of bag for the job.

Sand Bags, i.e. bags filled with "sand", have a specific, and limited application to either become part of a dam or to divert storm water around a working area (run-on control).

Gravel Bags, specifically bags filled with birds eye (5/16") gravel, are the bag of choice in most jurisdictions because they allow water to slow down as it passes through and therefor allows the sediment to drop out (settle) behind the bag. The advantage is that it reduces the amount storm water de-watering required, as it allows water passing out of the site to be sediment free.

Rock Bags, typically 3/4" Rock is specified and often required by jurisdictions with especially fine silts which might clog regular gravel bags and therefor become ineffective except as a dam.

So, why is the wrong bag in the wrong application on the job, it isn't cost, because the pricing is usually the same, or relatively close, no, the reason is a lack of understanding, either by the inspector, the contractor or both. Do the bag suppliers know the difference? They should, or you may as well use dirt bags...Oh, that's right, some people still do.

Linear BMP,s Gravel Bags

So now you've had time to consider Worst Practices, but what about Best Practices? What are Best Practices? Best Management Practices, BMP's are a combination of materials and procedures to minimize sediment and other pollutants from entering the storm drain system. These BMP's can be used singly or in combination with other BMP's. The following is a simple description of basic linear BMP's used to protect areas outside of the construction zone. The first consists of a Gravel Bag Berm, which typically consists of a double high line of gravel bags placed along the perimeter of a project. The objective of this Bag Berm is to slow rain related run-off long enough that the sediments settle or dropout behind the bags, and that only Clear Water runs out of a site. The same objective is achieved using check dams and gravel bag chevrons, on sloped areas with added benefit that the run-off is also slowed down sufficiently to reduce water velocity and therefore the effects of erosion on the slope surface.

As you can see from the pic on the lower right, it is far from a perfect science, but if implemented properly can go a long way to mitigating contaminated run-off.

Also keep in mind that the new EPA standards will be adopted by the revised California NPDES Permit, which in turn means your TMDLs will be much more tightly monitored.