SWPPP Requirements Coming Online in September

Construction Law  

August 2011

As many of you already know, new SWPPP requirements are scheduled to take effect in the next few weeks. These include new requirements for the SWPPP practitioner and developer, and are coming on line beginning in September. Owners, designers, contractors, and subcontractors should consider impacts on their existing as well as planned projects. Below is a summary of the new and updated SWPPP requirements, as well as some reference links.

Use of “Qualified Personnel”: By September 2, 2011, the Construction Stormwater Permit (2009-0009-DWQ, often called the “CGP”) requires that dischargers assure that particular work is performed by “Qualified SWPPP Developers” (“QSD”) and “Qualified SWPPP Practitioners” (“QSP”). To be considered either a QSD or a QSP, a person must have attended a State Water Resources Control Board sponsored or approved training class. The qualification process for both QSP’s and QSD’s includes an exam process that is separately administered. People can now take the exam online. More information about the certification process can be found at: http://www.casqa.org/TrainingandEducation/ConstructionGeneralPermitTrainingQSDQSPToR/CPGTrainingforQSDandQSP/tabid/208/Default.aspx.

Prequalification Required for BMP administrator: Also effective September 2, 2011, the person administering the SWPPP “best management practices,” or BMP’s (typically the QSP), must have one of the pre-qualifications listed in Section VII of the Permit. The relevant excerpt of the permit is at http://www.casqa.org/LinkClick.aspx?fileticket=XT0TDJqbD4E%3d&tabid=208. Additional details are also found at http://www.casqa.org/TrainingandEducation/ConstructionGeneralPermitTrainingQSDQSPToR/CPGTrainingforQSDandQSP/tabid/208/Default.aspx.

These are just a few of the changes to the SWPPP regulations. Among the other important issues are the rules applicable to projects being performed under permits where temporary exemptions were granted because the permit applications were postmarked prior to the July 1, 2010 effective date. For these “grandfathered” sites, if they are to be active after September 2, 2011, they must undergo a new risk level determination. Another major issue of concern is that for projects commenced but not finished by September 1, 2011, post-construction standards may apply to the entire project site unless a change of information is filed before September 1 to reduce the acreage still covered.

Suffice to say that the upcoming deadlines could have important implications for new projects, as well as those currently underway.

© 2011 All rights reserved. Please note that the information contained herein is not intended to provide specific legal advice. You should consult with an attorney and not rely on any information contained herein regarding your specific situation.