DOT&PF SWPPP Writing Tips and Resources Anchorage SWPPP Class 4/14-15 Fairbanks SWPPP Class 4/19-20 Juneau SWPPP Class 5/03-04

Objectives To outline DOT&PF’s expectations for SWPPPs To familiarize SWPPP Preparers/Reviewers with Consent Decree requirements To provide recommendations for improving SWPPPs To provide resources to assist in SWPPP preparation for DOT&PF projects

DOT&PF SWPPPs Well-Written and Complete Compliant with: CGP Requirements Consent Decree Requirements DOT&PF Specifications Other applicable laws, regulations, and permits Demonstrates Knowledge and Understanding of Erosion and Sediment Control DOT&PF SWPPPs

Is the SWPPP Well-Written? Cut and paste errors Information provided not matching section heading Inconsistencies or contradictions throughout SWPPP Inconsistencies/contradictions to particularly watch out for include 1) BMP descriptions in text and appended BMP sheets; 2) titles of staff, especially those that have been delegated authority Tips: Do not cut and paste text Read and follow template instructions Provide appropriate information in each Section Review the SWPPP

Is there an understanding of Erosion & Sediment Control? Misunderstanding BMPs and BMP functions Incorrectly naming or describing BMPs Listing under incorrect section or BMP type for use (Erosion vs. Sediment Control, permanent vs. temporary) Listing inadequate , inappropriate or unnecessary BMPs Examples: Incorrectly naming - in one SWPPP “bonded fiber matrix” was incorrectly called “fiber bonded matrix.” Incorrectly describing – Listing under incorrect section – one SWPPP listed check dams in a ditch under “sediment control” when they are intended to provide erosion control. Listing under incorrect type – One SWPPP listed jute matting as permanent when it is not permanent. Listing inadequate BMPs – common to list seeding alone, or seeding and track-walking, as temporary stabilization when this is inadequate; seeding must be combine with mulch to provide temporary stabilization. Inappropriate BMPs – Unnecessary BMPs – one project had wattles placed as perimeter control when the topography made them unnecessary. Tips: Utilize information from BMP source manual Determine applicability to project site and adjust the SWPPP accordingly Review the SWPPP

Is the SWPPP compliant? Vague and/or unnecessarily stringent language Inadequate phasing and scheduling Site maps missing required information Statements of non-compliance or illegal activities Tips: Read the CGP and other regulatory documents Clearly describe how the project will comply without adding commitments Describe sequence of activities and do not use critical path schedule that lumps all E&SC Review the SWPPP Vague language can bring into question how the project is going to comply with requirements. This includes using “weasel” words such as “where possible,” “depending on weather,” “if required,” “may need to.” However, being too specific or stringent can create additional requirements not mandated by the CGP or other regulatory documents that will be difficult for the contractor to meet. Words that should be scrutinized are those that limit timeframes or options, including “immediately,” “daily,” “every,” “all,” “only.” However, keep in mind that sometimes these words are appropriate; for example, stating that leaks/spills will be dealt with immediately is in keeping with the permit requirements. For example, the statement “water seeded areas” is too vague. However, the statement “water seeded areas daily” might be too strict and unnecessary. But if this is changed to “water seeded areas to ensure germination,” the statement puts the activity in terms of the outcome desired for compliance while allowing schedule flexibility. This is a balancing act. In phasing section, it is common to simply list the activities, but not the sequence (what follows what). This is the detail required. An example of proper phasing might be, “Prior to clearing and grubbing, perimeter control will be installed.” In addition, it is common to incorporate the critical path schedule; however, this is inadequate scheduling since this lumps all Erosion and Sediment Control into one line that continues throughout the entire life of the project. Common mistakes that lead to statements of non-compliance include: Listing non-storm water discharges that are not allowable in the CGP; Discussing the potential to reduce inspections for projects located in an area where climatic conditions would not meet the permit requirement that frozen conditions are anticipated to continue for more than one month; Discussing application or initiation of stabilization measures that does/may not meet the 14 day requirement (e.g. “temporary slope protection will be applied depending on weather.”)

What is the Consent Decree? A type of legal settlement DOT&PF alleged to have violated the Clean Water Act (CWA) EPA referred case to U.S. Dept. of Justice Settlement meetings between EPA, USDOJ, and DOT&PF in 2007 – 2009 The decree is the DOT&PF’s agreement to take specific actions to address CGP compliance (in case of questions): EPA inspections occurred in 2005 – 2006, requested information in 2007; Alleged violations occurred at 3 construction sites (C Street, Kenai River Bridge, and Abbott Loop Extension) in Central Region; Dept. denied liability on all allegations but settled to avoid risks and expenses of prolonged and complicated legal battle; DOJ negotiated separate decrees with Contractors

CWA Consent Decree Became effective Sept. 21, 2010 Applies to all DOT&PF projects under the CGP Has stipulated penalties for non-compliance Requires DOT&PF to self-report non-compliance

What are the Decree Requirements for SWPPPs? Pre-construction inspections: One-page Pre-construction Site Visit form Must consider: Opportunities to phase construction (minimize exposed ground) Appropriate BMPs and BMP sequencing Sediment controls that must be installed prior to work Name of the person(s) who prepared the SWPPP must appear on the SWPPP DOT&PF Erosion and Sediment Control Plan in Contract DOT&PF Issues Notice of Award DOT&PF Issues Notice to Proceed Contractor Develops Draft SWPPP for DOT&PF Review DOT&PF Approves SWPPP DOT&PF and Contractor Certify SWPPP DOT&PF and Contractor Submit eNOI DEC 7-day Waiting Period Ground Disturbance Begins Pre-construction inspections can occur anytime following the NTP and prior to ground disturbance. The Pre-construction Inspection form will ask whether these considerations were addressed. It is preferred that it is conducted prior to writing the SWPPP to ensure that the SWPPP adequately addresses the 3 considerations. However, if it occurs after SWPPP is certified, the form and any changes resulting from the inspection will have to be incorporated into the SWPPP via an amendment.

What are the Decree Requirements for SWPPPs? BMP Manual: Each SWPPP and SWPPP amendment must contain a reference to the BMP Manual or publication used as a source for each BMP described in the SWPPP, along with schematics or descriptions of the BMP. If no BMP manual or publication was used to select or design a given BMP then the SWPPP must say so and include a description of the design and placement of the BMP. The BIGGEST PROBLEM with Decree Compliance

What are the Decree Requirements for SWPPPs? The DOT&PF Project Engineer must certify the SWPPP as approved for every Project prior to commencement of Construction Activities at a Project. After DOT&PF certification, any overlooked decree requirement results in a non-compliance Educating DOT&PF Project Engineers and other Dept. staff who review SWPPPs regarding these requirements SWPPPs may be rejected if not compliant with decree requirements This is an important step in the SWPPP process because after certification, any overlooked decree requirement results in a non-compliance.

BMP Manual Requirement The BIGGEST Decree compliance issue with SWPPPs In Consent Decree 2010 Annual Report: There were 22 instances of non-compliance with this requirement statewide This equaled 16.8% of total statewide non-compliance 4 out of the 6 SWPPPs reviewed incurred these violations We do NOT want this trend to continue! For two reasons: The newness of the requirement and not getting folks familiar enough with this requirement (on both sides). Therefore, preparers were not consistently incorporating BMP manual citations and Dept. staff were not catching these error during review. In addition, there was discussion regarding whether or not DPT&PF Specs and Plan Sheets and Manufacturer Cut sheets could be used instead of a Manual.

BMP Manual Citation Guidance Interim policy that BMP Manual references are not required for permanent BMPs (designed, permanent features included in the contract) A BMP Manual is preferred for all other BMPs Tip: Check for conflicting BMP descriptions Can cite DOT&PF Specs and Plan Sheets or Manufacturer Specs if guidance is followed Any BMPs/design drawings created by the SWPPP Preparer must have the statement: “No published BMP Manual was used for this design.” That is why the Dept. came up with guidance, which is provided in handout. (For bullet 1) The intent of the requirement is that BMPs are installed according to a design, and permanent structural BMPs are designed by Department Engineers and undergo review process. (Bullet 2) Utilizing a Manual is the easiest way to meet the requirement. (Bullet 3) Otherwise, run the risk of not being compliant. For example, Specs may not include information on applicability, maintenance or inspection so this will have to be added to the SWPPP. (Bullet 4) Even if the drawing is based on a Spec and is being used to supplement the reference.

BMP Manual Citation Guidance Append: Design Specifications and Installation Detail from Manual, DOT&PF Specs/Plan Sheets, or Manufacturer Specifications BMP Description: Purpose, Applicability, Limitations BMP Manual/ Publication Installation Schedule Maintenance and Inspection Responsible Staff In the EPA template, insert a line to provide the citation for the BMP Manual or other publication. The EPA template outlines most of the other information needed. It even says “Describe practices/controls including design specifications and details…” but sometimes this information is lacking or not appended. BMP descriptions are also usually lacking important information such as purpose, applicability and limitations, particularly when relying on DOT&PF or manufacturer specifications.

What resources are available? Pre-Construction Inspection Form available online DOT&PF Stormwater Page DOT&PF SWPPP Guide updated and available online includes a SWPPP Review Checklist BMP Manual Citation Guidance Regional Stormwater Specialists and HQ Stormwater Staff Website URLs are provided in handout. Dept. Storm Water contacts are also provided in the handout.

Questions???