Remaining in compliance with the EPA's Clean Water Act (CWA) can be a complex task. You have to comply with numerous regulations and requirements, some more obvious than others. With so many other concerns onsite like meeting deadlines and satisfying customers, it can be difficult to focus on the stormwater regulations enforced by the EPA.

But not focusing on these regulations could lead to money and time spent on repairing gullies, replacing vegetation, and mitigating damage to natural resources. In the face of so much adversity, it’s critical that builders adhere to the documentation process, conduct routine inspections, and train site supervisors and trades in stormwater pollution prevention.

Adhering to the documentation process
All construction projects an acre or larger in size have to apply for coverage under the Construction General Permit (CGP), also known as the National Pollutant Discharge Elimination System (NPDES), in order to discharge runoff from a jobsite. To receive coverage, a builder has to prepare a Stormwater Pollution Prevention Plan (SWPPP) and submit a Notice of Intent (NOI).

• Prepare the SWPPP. A SWPPP is a plan the builder prepares that contains an assessment of the site, as well as specific controls and measures the builder will implement to prevent stormwater pollution. The controls and measures, known as Best Management Practices (BMPs), help reduce pollutants in stormwater discharges from the site. The builder has to follow this plan throughout development and construction until the site has been stabilized or passed over to a new owner. Because every site is unique, every SWPPP is unique. The EPA has developed a guide to help builders called “Developing Your Stormwater Pollution Prevention Plan” that you can download from the agency's website.
• Submit the NOI. A NOI is a document the builder has to submit to notify authorities of the intent to obtain coverage under the CGP. After a NOI is filed, the EPA requires a seven day waiting period, although this period may vary from state to state. Coverage under the CGP begins at the end of the waiting period, unless the builder is notified otherwise. The completed NOI has to be posted at the site in a place accessible to the public from the start of construction until final stabilization is complete.

The SWPPP must be completed before the NOI is filed. With that said, the SWPPP doesn’t have to be submitted with the NOI in order to obtain permit coverage, but the plan must be available onsite for review during inspection.

Once construction begins, the builder has to keep accurate and up-to-date records that detail inspection and maintenance work, as well as the latest version of the SWPPP. In return, all of these documents help the builder prepare for visits from compliance inspectors who want to make sure the site complies with EPA regulations. Once all construction activity has ceased and the site is stabilized, the builder has to file a Notice of Termination (NOT) to notify the water authority that coverage under the CGP is no longer needed.

Conducting inspections of the site
Throughout the life of a construction project, the builder has to inspect, maintain, and repair the BMPs implemented onsite. In general, most SWPPPs require the builder to check BMPs before and after storms and every 24 hours during a storm, in addition to conducting regularly scheduled inspections. After an inspection, the builder has to prepare a report documenting the inspection findings and request any required maintenance and repairs for the BMPs. In addition, if any of the observations made during the inspection require changes in the SWPPP, they need to be made as soon as possible. Inspections are also often conducted by local, state, or federal inspectors to make sure a construction site is in compliance, so it’s best to be prepared for their arrival.

Training site supervisors in stormwater pollution prevention
Properly training site supervisors about stormwater pollution prevention and BMPs is very important in keeping a construction project compliant with the CWA. Training inspection personnel improves the chances for the SWPPP to be effective. For site supervisors, training and experience are the best ways to develop a good understanding of stormwater pollution prevention. They must have detailed knowledge about the site's SWPPP, particularly in the following areas:

• Locations and types of controls and measures
• Construction requirements for controls
• Maintenance procedures for each of the controls
• Spill prevention and cleanup measures
• Inspection and maintenance recordkeeping requirements

Site supervisors need to know how and when to conduct inspections, maintenance, and repairs. They also need to know what to do when compliance inspectors from the local, state, or federal water authority visit the site. For a jobsite to pass a compliance inspection, it’s important to ensure that the project or phase has up-to-date records, working and well-maintained BMPs, and documented evidence of inspection and maintenance.

Training trades in stormwater pollution prevention
Trades are the builder's partners in preventing stormwater pollution and keeping jobsites in compliance. The builder has to train trades about all of the BMPs onsite. The following are good topics to regularly review with trades:

• Waste management, such as keeping covers on waste containers and not littering
• Using concrete and paint washouts
• Following proper storage rules, such as keeping chemicals in the truck and placing containers on pallets
• Preventing and controlling spills onsite
• Reporting a failing BMP, such as a washed-out silt fence
• Being careful not to disturb runoff, erosion, and sediment controls

For more information about stormwater compliance, visit the EPA, or check out BuildIQ® University’s online training suite, SWPPP Compliance; SWPPP Runoff, Erosion, and Sediment Controls; and SWPPP Good Housekeeping Measures.