CONSTRUCTION SITE VISITS

DURING AUDITS 2015 Protect Our Water Conference

November 4, 2015

Introduction

Regulatory Drivers for Construction Programs » Municipal Separate Storm Sewer (MS4) Permits

» Highways Consent Decree

» Harbors Consent Decree

» Construction General Permit (CGP)

Regulatory Agencies

Who May Conduct Audits » Hawaii Department of Health (DOH)

» U.S. Environmental Protection Agency (EPA)

» U.S. Department of Justice (DOJ)

» Third Party Independent Inspectors

Key Regulatory Requirements

MS4 Permit Requirements » Implement construction program

» Implement BMPs » Standard Specs » BMP Manual

» Maintain inventory of construction sites

» Track public projects » Review and approve plans

» Stormwater Pollution Prevention Plans (SWPPPs) and site specific BMP Plans

Key Regulatory Requirements

MS4 Permit Requirements » Verify Notice of General Permit Coverage

(NGPC) prior to commencement of construction

» Develop and implement Enforcement

Response Procedures (ERP)

» Conduct annual training for DOT staff

» Conduct required inspections » Initial inspections prior to construction » Independent third party inspections

Key Regulatory Requirements

Consent Decree Requirements » Highways Consent Decree

» Evaluate site specific Best Management Practice (BMP) Plans

» Third party independent monthly inspections

» Verify NGPC prior to commencement of construction

» Annual training for DOT staff and general contractors

Key Regulatory Requirements

Basic Permit Requirements » CGP (Section 9 of Appendix C)

» Obtain permit coverage » Develop and implement SWPPP

» Install and maintain BMPs

» Conduct routine inspections

» Document inspection findings

» Implement correct actions

Regulatory Site Visits

Types of Site Visits » CGP inspection site visits

» MS4 audit/inspection site visits

» Consent Decree site visits

» Highways » Harbors

» Screenings

Audits

What Questions Immediately Come to Mind when you Think about an Audit? » Why was my organization selected for audit?

» What are the goals of the audit?

» When is the audit and how much time will I have to prepare?

» What is the audit process?

» Who will be needed from my organization and for how long?

» What documentation will I need to have available?

» What will the outcome of the audit be?

Audits

Regulatory Agency Goals for Audits? » Primary goals

» Fact find to assess program compliance with permit requirements

» Gain an understanding of program

» Gather information for permit reissuance

» Secondary goals » Provide compliance assistance

» Knowledge transfer » Answer questions regarding EPA and DOH policies

Audits

How Does Construction Fit into Audits » Construction program review may only be one element of an overall

audit » Audit for each program element reviewed may consist of:

» Program management review

» Construction site visits

» Documentation review

Construction Site Visits as Part of Audits

Construction Site Selection » Sites may be selected based on information obtained during overall

audit activities » Location » Type of construction » Stage/phase of construction » Problem sites » Discussion with local regulators

» Tentative audit schedule may provide an idea of the days/times

construction will be evaluated

Construction Site Visits as Part of Audits

Goals of Construction Site Visits » Verify information provided by program managers » Evaluate implementation of BMPs

» Ensure documentation is maintained

» Site specific BMP Plans » Inspection reports » Corrective action reports

Construction Site Visits as Part of Audits

Typical Site Visit » Opening

» Document Review

» Physical review of site

» Request for additional information

» Closing

» Site Visit Report

Construction Site Visits as Part of Audits

Site Inspection Process » Opening

» Introductions

» Explain process and scope of site visit

» Gain an understanding of the site

» Review safety procedures/requirements

» Etc.

Construction Site Visits as Part of Audits

Site Inspection Process »Document Review

»SWPPP and Site Specific BMP Plans » Complete and up-to-date

» Required documents are available onsite

» Approved modifications are on file

» Inspector credentials

» Inspection reports are completed as required

» Inspection reports are comprehensive

» Corrective actions are taken and documented

» Rainfall data is available

Construction Site Visits as Part of Audits

Process of Site Inspection » Inspection Reports

» Comprehensive inventory of reports

» Inspections are conducted at required frequency

» Reports identify compliance issues

» Reports are fully completed and certified

» Corrective actions are listed (when applicable)

Construction Site Visits as Part of Audits Process of Site Inspection » Physical Site Review

» E&S controls installed and maintained

as per approved plan

» Project status (active

construction/closeout)

» Pollution prevention (P2) BMPs are

implemented

» Evaluate offsite discharges

» Make sure inspection reports are

representative of the site conditions

Construction Site Visits as Part of MS4 Audit

Process of Site Inspection » Physical Site Review

» Evaluate site personnel experience and understanding

» Test general knowledge of site inspection staff

» Test site specific knowledge

» Evaluate recent inspection(s)

» May ask site inspector to demonstrate expertise

Construction Site Visits as Part of Audits

Requests for Additional Information »Typically consist of the following:

» Inspection reports » Documentation of corrective actions

» Engineering plans (e.g., Site Specific BMP Plan)

» Inspector credentials

» Other items as identified during site visit

Construction Site Visits as Part of Audits

Closing Conference/Meeting » Discuss observations to ensure a clear understanding

of observations and discussion

» Provide observations to site operators for evaluation

» Allow site operator opportunity to discuss observations and provide additional information and feedback

Construction Site Visits as Part of Audits

Site Visit Results » Site Visit Reports

» Incorporated into audit report

» Narrative description of findings for each site

» Include photographs

» Findings from multiple sites are analyzed to determine MS4 Program/consent decree deficiencies

» Findings from individual sites are analyzed to determine

CGP deficiencies

Common Compliance Issues

General » CGP has not been obtained » NGCP has not been posted

» Inadequate routine inspections » Documentation is not maintained

» BMPs are not installed or maintained properly

» Discharges of polluted stormwater

Common Compliance Issues

Documentation » Documentation is not maintained or available

» Site specific BMP Plans are not revised as required

» CGP inspections are not adequately documented

» CGP inspections are not conducted at required

frequency

» Corrective actions are not taken or documented

Common Compliance Issues

Construction Site Entrances

Common Compliance Issues

Bio Socks

Common Compliance Issues

Silt Fence

Common Compliance Issues

Inlet Protection

Common Compliance Issues

Concrete Washout

Common Compliance Issues

Stockpiles

Common Compliance Issues

Waste Management

Common Compliance Issues

Material Storage

Common Compliance Issues

Sanitary Wastes

Common Compliance Issues Dewatering

Common Compliance Issues Illicit Discharges

Common Compliance Issues Vehicle/Equipment Repair or Maintenance

Common Compliance Issues Pavement/Pavement Repair

Common Compliance Issues Discharges of Pollutants

Common Compliance Issues Discharges of Pollutants

Contact Information

Max Kuker

Water Resources Project Manager GKY & Associates, Inc.

4229 Lafayette Center Drive, Suite 1850 Chantilly, VA 20151 mkuker@gky.com

703-870-7000