Recent data show that construction zones are responsible for 40% of drinking water pollution in the United States.
One way the EPA has attempted to reduce pollution through the Clean Water Act has been through permitting requirements that limit what companies can discharge into federal water systems.
The most common permit for this purpose is the NPDES permit and site operators who apply for this permit must complete a stormwater management plan or SWPPP.
This document will outline all of the different scenarios that require a SWPPP and what’s required in a SWPPP.
What is a SWPPP?
SWPPP is an acronym for Stormwater Pollution Protection Plan. It is a requirement of the 1972 Clean Water Act when obtaining a National Pollutant Discharge Elimination System (NPDES) permit.
As water runs over a construction site’s surfaces, it carries many things along with it. Pollutants, contaminants, or debris will travel with the surface water until it ends up in a local water supply, causing untold damages.
A SWPPP works to prevent the risk of polluting water sources by forcing site operators to identify all possible pollutant sources and create an active plan to mitigate their contact with stormwater runoff from the site.
When Do I Need a SWPPP?
Before we get into the specifics of what a SWPPP is, it’s important to understand when one is required. There are generally two activities that require a SWPPP permit to allow for operation: construction and industrial activity. However, the former is only required when obtaining an NPDES permit for discharging stormwater.
NPDES Permitting
Construction sites that choose to discharge their stormwater runoff into a public access point, such as a storm vent that leads to a river, will require an NPDES permit. NPDES permits that allow for the appropriate stormwater discharge into a public access point are also known as a Construction General Permit (CGP).
To receive an NPDES Permit, your company must create a SWPPP any time your construction project disturbs an acre of land or more (unless you qualify for No Exposure Certification).
Keep in mind that any discharge into a local municipal system, such as an MS4, will require its own permit, not an NPDES permit.
It’s essential to understand Federal, State, and Local construction permit requirements as well. While the EPA sets the standards for states to follow, a state or even local agency may enforce their own set of guidelines you must follow.
Federal requirements are much looser than those of state and local agencies. Local agencies are often the most stringent because they are usually in place because of drinking water supplies or highly populated areas being nearby.
Not following the requirements of Federal, State, or Local agencies can result in fines or worse, which is why you always refer to your project’s civil engineer of record for guidance on obtaining the proper permits.
Industrial Activity
Specific industries classified under Standard Industrial Classification (SIC) codes will require a SWPPP to acquire certain permits. The SWPPP helps prevent industrial facilities from leaking pollutants into nearby waters by following the latest and best industrial practices for safe chemical storage and handling.
NOI and NOT?
Site operators or owners must also submit the Notice of Intent (NOI) describing the pollutants they will discharge along with the names of the receiving waters to receive an NPDES permit. After this, you may submit your SWPPP, which you will prepare ahead of time.
Once approved, contractors must comply with the permit until it is closed by filing for the Notice of Termination (NOT). The NOT ensures all materials and pollutants are properly removed from the site, and the disturbed area has reached final stabilization.
What’s Required in a SWPPP?
A SWPPP is a large document that contains hundreds of pages, and they can vary greatly depending on local requirements. However, all will include distinct details of the job site and pollutants and safety measures and practices regarding their contamination.
Information such as the name of the Facility and Contacts, pollutants, the likely sites of pollution, how often the materials are handled, and a detailed site map are all requirements. Other information, such as implementation plans, safety plans, and a list of BMPs, must also be present within the document.
BMP Examples
Best management practices (BMPs) are put in place to filter and control the volume of water runoff. The SWPPP specifies what BMPs are to be present and monitored.
Some common examples of SWPPP BMPs are:
- Silt Fences
- Sediment Track-Out Controls
- Inlet Protection
- Concrete Washouts
- Secondary Containment Areas
- Coverage of Outdoor Storage
- Spill Kits and PPE in High-Risk Areas
- Proper Landscaping
Inspection Requirements and Frequency
Permits will establish the procedure and frequency of job site inspections, and you are required to track the information regarding inspections in the SWPPP.
Setting up inspections through a general contractor or third-party inspector is a requirement for obtaining permits.
The federal government requires that the inspector have proper qualifications, but local and state agencies typically have much more stringent requirements for inspectors.
Worker Safety
It’s important to understand that a SWPPP is partly in place to protect you and your workers. It will detail safety protocols and what you expect of them. In the case that a harmful chemical spills, this document can provide the information necessary for cleaning and containing the pollutants, as well as keeping workers safe.
That is why everyone on a job site needs to clearly understand the safety plans detailed in your SWPPP. You should also know that having this document makes your job site insurable, protecting you if an accident occurs.
FAQs
Who prepares the SWPPP?
A SWPPP is usually prepared by a qualified professional, such as an engineer, environmental consultant, or other trained personnel with knowledge of erosion and sediment control practices.
What regulations govern the requirement for a SWPPP?
The primary regulation is the National Pollutant Discharge Elimination System (NPDES) permit program, established under the Clean Water Act. The Environmental Protection Agency (EPA) administers the program, though many states have been delegated authority to implement their own NPDES programs.
Are there exceptions to SWPPP requirements?
Some small construction activities may be exempt if they disturb less than one acre and are not part of a larger common plan of development. However, local regulations may still require a SWPPP or similar erosion and sediment control plan.
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