SPDES General Permit for Stormwater Discharges During Construction Activity GP Mike Jurkowski, CPESC, NYSDOT - Summary of Changes From GP Review of Owner/Operator and Contractor Responsibilities - Review of Site Inspection Requirements

General Permit GP  Went into effect on January 29,  Some of the changes from GP include:  A Duty to Provide Information to the public.  A list of conditions as to when a SWPPP needs to be updated.  Additional Qualified Inspector Inspections Requirements.  Additional Qualified Inspector Reporting Requirements.

Duty to Provide Information  “The NOI, SWPPP and inspection reports required by this permit are public documents that the owner or operator must make available for review and copying by any person within five (5) business days of the owner or operator receiving a written request by any such person to review the NOI, SWPPP or inspection reports. Copying of documents will be done at the requester’s expense.”  Previously the permit only required that the DEC be able to review such information.

Updates to the SWPPP  GP provides clarification as to when a SWPPP needs to be updated (at a minimum):  Whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site.  Whenever there is a change in the design, construction, or operation at the construction site that has or could have an effect on the discharge of pollutants.  To address issues or deficiencies identified during an inspection.

SPDES Site Requirements During Construction  More than just erosion and sediment control

 Stormwater Pollution Prevention Plan (SWPPP), including construction drawings and plans.  Notice of Intent (NOI) signed by owner and SWPPP preparer.  NOI Acknowledgement Letter from DEC (the permit).  General Permit GP  MS4 SWPPP acceptance form (if required).  Site log book, including certifications, site inspection reports, and any SWPPP updates.  Letter of permission to disturb over 5 acres (if required). Must be on site at all times, and accessible during normal business hours Required Construction Site Documents

Contractor Responsibilities  All contractors and sub-contractors involved in SWPPP implementation activities must sign a certification statement agreeing to implement and maintain the control measures in the SWPPP.  Certification page must also identify the specific elements of the SWPPP that each contractor and sub-contractor will be responsible for.  Also must list the name of the trained contractor responsible for SWPPP implementation.

CONR-5 Name of Trained Individual Contractor Certification Statement Listing of SWPPP specific contract items

Contractor Training  Contractors and subcontractors shall identify at least one individual trained in Erosion and Sediment Control by April 30,  That person shall be known as the trained contractor.  The trained contractor must have received 4-hours of DEC-endorsed training in E&SC (renewed every three years).  The trained contractor must be on-site on a daily basis during soil disturbance activities beginning May 1,  The trained contractor will be responsible for the day to day implementation of the SWPPP.

Purpose for Site Inspections  Condition of SPDES Permit.  To insure that the erosion and sediment control measures are being implemented as specified in the plans/SWPPP.  To insure that the erosion and sediment control measures are effective.  To document deficiencies and improvements over the course of the project.

Site Inspector Qualifications  The owner or operator shall have a qualified inspector conduct site inspections.  Licensed Professional Engineer  Registered Landscape Architect  Certified Professional in Erosion and Sediment Control (CPESC)  Trained technician working under the direct supervision of a P.E. or L.A., provided they have taken the DEC 4- hour training course.

Site Inspection Schedule  On sites with 5 acres or less exposed:  At least one inspection required every 7 days.  On sites with greater than 5 acres exposed:  At least two inspections required every 7 days, separated by at least 2 full days.  There is no longer a requirement to inspect within 24-hours of a half-inch rain event (GP-02-01).

Site Inspection Reports  Each Inspection Report must include:  Date and time of inspection.  Name and title of person(s) performing inspection.  Weather description / soil conditions at time of inspection.  Description and sketch of areas that are disturbed at the time of inspection.  Description and sketch of areas that have been stabilized (temporary or permanently) since the last inspection.

Site Inspection Reports, cont.  A description of the condition of the runoff at all points of discharge from the construction site. This includes discharges from point sources (pipes, ditches, etc.) and overland flow.

MURK-6 Manual of Uniform Record Keeping

New Site Inspection Requirement  A description of all natural surface waterbodies located within, or immediately adjacent to, the property boundaries of the construction site which receive runoff from disturbed areas. This shall include identification of any discharges of sediment to the surface waterbody.

Site Inspection Reports, cont.  Identification of all erosion and sediment control practices that need repair or maintenance.  Identification of all erosion and sediment control practices that were not installed properly or are not functioning as designed and need to be reinstalled or replaced.  A description of the corrective action(s) that must be taken to correct deficiencies.

New Site Inspection Requirement  Digital photographs, with date stamp, that show the condition of all practices that have been identified as needing corrective actions.  Photographs must also be taken that show the practice(s) after the corrective action has been completed.  Color paper copies of the photographs must be included in the inspection report within 7 days.

4/13/08

Inspection Notification  Within one business day of the inspection, the qualified inspector shall notify the owner or operator and appropriate contractor or sub-contractor of any corrective actions that need to be taken.  The contractor or subcontractor shall begin implementing the corrective actions within one business day of the notification.  Contractor shall complete the corrective actions in a reasonable time frame.

Site Inspection Reports, cont.  All inspection reports must be signed by the qualified inspector.  The inspection reports must be maintained on-site with the SWPPP.

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