Regulatory Perspective Statewide Construction General Permit SAN DIEGO WATER BOARD Regulatory Perspective Statewide Construction General Permit LUP/CIP/PIP October 26, 2016 Western Chapter – International Erosion Control Association Laurie Walsh, PE Senior Water Resource Control Engineer Storm Water Management Unit

Presentation Outline San Diego Water Board Perspective on: 1. LUP Capitol and Private Improvement Projects Top Compliance Issues Enforcement 2016 WC-IECA

San Diego Water Board

San Diego Regional Perspective Statewide Construction Storm Water Permit San Diego Water Board Region 9 > 1300 Active construction NOIs What we notice………. Failure to know your site discharges to a waterbody impaired for sediment Failure to implement effective system of BMPs Non-compliant management of the site Paperwork Training Disconnect QSPs -> QSDs & contractors 2016 WC-IECA

Linear Underground/Overhead Projects Notice of Termination Termination requirements are different depending on complexity of LUP Submittal of the NOT certifies compliance with CGP Stabilization Requirements 70% coverage Returned to original line and grade Equivalent stabilization measures Vegetation 2016 WC-IECA

The most cost effective BMP Capitol Improvement & Private Development Projects Problems we see…… Scheduling – The most cost effective BMP What we see in reality is: Mass Grading and Sediment Basin BMPs 2016 WC-IECA

2016 WC-IECA

401 Permits – Ask if there is one ! No Wipe Outs Allowed Capitol Improvement & Private Development Projects Problems we see….. 401 Permits – Ask if there is one ! No Wipe Outs Allowed Sites that flow into mitigation areas may have Low Flow requirements during construction Municipalities have the authority to Stop Work 2016 WC-IECA

2016 WC-IECA

Spraying is not enough…. Capitol Improvement & Private Development Projects Problems we see…. Spraying is not enough…. 2016 WC-IECA

Capitol Improvement & Private Development Projects Problems we see…. Who’s in charge: Developers?, Contractors?, QSDs?, QSPs? CGP Compliance: Begins when WDID Issued Planned Development Phasing and Post Construction BMPs: Model Homes Provision XV.D oversight by San Diego Water Board- Triggered when more oversight is needed, large sites Reduced the REAP NOAA trigger from 50% to 30% Required weekly inspections be uploaded to SMARTS 2016 WC-IECA

Enforcement Administrative Complaints 2015/16 $595,367 against San Altos-Lemon Grove, LLC for violations of the CGP (ACL Order No. R9-2016-0064) $875,166 (pending) KB Home’s construction activity resulted in unauthorized fill to Los Coches Creek without obtaining a CWA Section 401 water quality certification $50,000 against SANDAG for violations of the CGP (ACL Complaint No. R9-2015-0166) $46,718 Jacobs Center for Neighborhood Innovation, Northwest Village Creek Construction Project for violations of the CGP (Stipulated ACL Order No. R9-2015-0015) $430,851 City of Encinitas and USS Cal Builders, Inc. for violations of the CGP & MS4 Permit (Stipulated ACL Order No. R9-2015-0047) Important for you to know We can rely on anyone else’s photos to allege noncompliance…and we will We can infer intervening days of violation 2016 WC-IECA

Construction General Permit - The Future State Water Resources Control Board is planning on Add Total Maximum Daily Loads into CGP Add Statewide Trash Policy 16 2016 WC-IECA

Thank you Laurie Walsh, PE Storm Water Management Unit San Diego Water Board