Colorado’s Stormwater Construction Compliance Assurance Program Dave Akers Colorado Water Quality Control Division CLE – March 22, 2006

Overview Colorado Delegated NPDES Program 1993 Phase I Stormwater Regulations Adopted –Permits Req’d for “Construction” (Disturbance) ≥ 5 Acres –“Compliance Assistance”-Based Program –“Complaint-Driven” Inspections 1998 – First SW Enforcement Case – Complaint Phase II Stormwater Regulations Adopted –Permits Req’d for “Construction” (Disturbance) ≥ 1 Acre –Compliance Assistance Approach Continues for Phase I & II

Overview (Continued) 2001 – “Wet Weather” Sector EPA Priority –EPA Increased Inspections – National SW Cases 2002 – Additional Insp./Enforcement Resources 2003 – Increased Expectation for Colorado Storm- Water Inspections –WQCD Inspections at 59 Sites (Mostly Const.) 2004 – Local Health Dept. Inspections Begin –Increased Capacity - > 300 Inspections 7/04-6/ WQCD Enforcement Response Guide

Inspections Primary Means of Assessing Compliance –Critical Due to No Self-Reported Data Assess Adequacy of Stormwater Mgt. Plan Determine Permittee Implementation of SWMP Confirm Conduct of Bi-Weekly Inspections –Plan-Do-Check Loop to Confirm SWMP Performance Historically Complaint-Driven until FY 04

Expanded WQCD Inspection Program Resources Obtained in 2002 Legislative Session –Ostensibly for Local Health Depts. to Conduct Inspections Goal to Have Statewide Coverage –Will Require Contractors for Non-LHD Areas Training of Local HDs in September Total Inspections Conducted in FY 05 Inspection Quality Variable Refresher/New LHD Training Last Fall Additional Resource Request Before Legislature

Enforcement Little to No Enforcement Prior to 2003 Enforcement Response Guide Adopted 2005 Defines Process for Enforcement Response Formal Enforcement for Most Serious Violations –Documented Environmental Impacts –Failure to Obtain a Permit –Failure to Develop/Implement Stormwater Mgt. Plan Includes Civil Penalties –Based on Number/Seriousness of Violations

Enforcement (Continued) Compliance Assurance/Enforcement More Ingrained in SW Program More Inspections - More Enforcement Referrals Several Recent “High Profile” Cases –SECC – TREX –Ames Const. - Southern Access Road Relatively Large Penalties Additional Tools Beyond Enforcement Needed

Stormwater Excellence Program Response to EPA Enforcement WQCD Collaboration w/Assn. Of Gen. Contractors EMS-Based/Env. Contractor-Administered Pilot Initial results –Compliance Rates Improved –Expectation of Improved Environmental Performance Phase II Pilot –Trade Association (Ass’n. Gen. Contractors) Administered –Trade Ass’n. Contracts w/3 rd Party Auditors –Develop industry sector-specific training curriculum –Expandable to Other Trade Associations –EMS Approach Encourages “Beyond Compliance”

The Future Broader Inspection Coverage Improved Inspection Quality Increased Use of Innovative Compliance Approaches Better Industry and Public Understanding Better Water Quality

Questions