You’re probably asking yourself right now, "What in the world is a SWPPP?" This acronym stands for Storm Water Pllution Prevention Plan, and if you have onsite construction activity, having a SWPPP in place can mean the difference between achieving your company’s required pollution compliance or incurring fines of $75,000 a day or more! Your construction project is a big target for state-wide regulatory enforcement that can impose major punitive fines!
Storm Water Pollution Prevention Plans (SWPPP's) have been around since 1991, but most people in the industry weren't really aware of them until more than a decade later. On March 10, 2003, the second phase of the National Pollution Discharge Elimination System (NPDES) permitting requirements under the Federal Clean Water Act kicked in and all construction projects of one acre or more were put under tight regulatory scrutiny. Prior to 2003, SWPPP documents were just required for existing facilities that encompassed several acres or more in size, and they still are.
Since that time, many thousands of projects have had SWPPP and erosion control plans prepared. One major question that's arisen is the issue of who exactly is qualified to write and prepare these plans? Many cities have taken the view that a registered civil engineer is required to sign off on storm water and erosion control plans, while other jurisdictions accept the documents if they're approved by a CPESC (Certified Professional in Erosion and Sediment Control) or CPSWQ (Certified Professional in Stormwater Quality) -qualified professional. The current reality is that most plans are prepared under the guidance of a registered civil engineer - an engineer who may or may not have the current training needed for managing erosion and sediment control issues. The new thinking in pollution control is quite different from what most civil engineers were traditionally trained to do in college. Many engineers have been trained to move water off or away from a property as fast as possible rather than provide pollution prevention through containment and soil infiltration.
While there are many civil engineers who understand the requirements of the Federal Clean Water Act and the NPDES permitting process, there remain a large number of civil engineers who lack the current storm water management training required to accurately prepare SWPPP plans and drawings. Many agencies across the United States have recognized this problem and now require every engineer (including civil engineers) to possess a CPESC or CPSWQ certification in order to properly prepare SWPPP’s.
Using a construction leads computer program, Eilar Associates evaluated thirty projects which used engineering plans. Of those projects reviewed, only fifty percent (50%) had a SWPPP or Erosion Control Plan in place. Of that fifty percent with plans, less than ten percent had control plans which were prepared correctly. This situation invariably leads to contractors underestimating which erosion control measures should be taken on a project. Many of the contractor's estimators who prepare these bids have also never had SWPPP training like the programs offered by Eilar Associates. Many estimators incorrectly use the original plans to take measurements and make the bid. The unfortunate problem is that the real cost of erosion control measures are often times four to five times higher than what was estimated from the original plan. The reason is that a SWPPP is required to be a dynamic part of a building project….A “living” document… and the plans must match what is actually on the ground and what is on the ground is on the plans. The SWPPP changes if the plans change!
What this all means is that the civil engineer and designers need to think in terms of phasing the drawings. Instead of having a final built-out plan with the construction BMPs (Best Management Practices) identified on the plans, they need to have a minimum of three drawings. The first drawing is the grading plan with initial perimeter controls and inlet control, and stabilized construction entrance in place and any sampling locations identified. The second drawing should show installation of pads and utilities. This plan should incorporate every thing done in the first plan plus add things like concrete washout, storage locations and covered stockpile. This plan should also address the changes that occur due to grading, i.e. cut and filled slopes that would not have been present in the initial site plan. The third drawing is the one normally seen in most project plans and that is the final project map with all temporary BMPs (everything from the first and second drawings) and all post construction BMPs.
One needs to be careful not to jump to conclusions in preparing these types of plans. The final design map should not be used if what is on the ground is not what is on the map. If this is the case, then additional phase plans should be developed. The NPDES permit is very specific in its requirements that the SWPPP and drawing need to reflect an accurate picture of the project and reflect what is on the ground. Showing or displaying a drawing in your project trailer that is not representative of the current project “as built” could result in fines of $37,500 per day or more for not being in compliance.
The San Diego Regional Water Quality Control Board and other agencies have the power to issue a Notice of Violation that can shut down your project and cost you time and millions of dollars in fines. One of the most common reasons that results in site fines or closures are violations due to the lack of an adequate SWPPP. This can easily be avoided by keeping all BMP maps current, performing routine weekly inspections, keeping all BMP’s maintained and functional, and making sure the SWPPP is updated on a regular basis. If your company doesn’t have the time to make these updates in-house, hire a third party to make sure it gets done. The cost of outsourcing SWPPP updates is minor when compared to the cost of a single violation, which can add up quickly to thousands of dollars. Some food for thought next time you start construction or plan to build that new shopping center!
This article by Michael Alberson and Douglas Eilarwas published in The San Diego Daily Transcript on January 17, 2007as part of the Forensic Consultants Newsletter. Michael Alberson is Director of Environmental and Stormwater Services for Eilar Associates, Inc. He has designations of California Registered Environmental Assessor, CPESC, and CPSWQ. He conducts stormwater compliance training classes for the Associated General Contractors and numerous private contracting firms. Douglas Eilar is President of Eilar Associates, Inc., an environmental and acoustical consulting firm, in business in San Diego since 1974.
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