[Owrinfo] Construction Activity Stormwater Compliance Assistance Notice

[Pena, Traci (DEM)]

April 2015

CONSTRUCTION ACTIVITY STORMWATER COMPLIANCE ASSISTANCE NOTICE

 

This notification is applicable to all site owners and operators whose
construction projects are currently authorized to discharge under the
Rhode Island Pollutant Discharge Elimination System (RIPDES) General
Permit for Stormwater Discharges Associated with Construction Activity
(CGP). This notice is being sent to inform you that the DEM is
conducting random site inspections of construction sites throughout the
state to ensure compliance with the requirements of the RIPDES CGP.

 

Understanding Your Permit Requirements and Responsibilities

 

Proper management of construction activities to prevent the discharge of
stormwater impacted by uncontrolled construction activity to local
stormwater collection systems or to state surface waters is a critical
component of the DEM's efforts to maintain the quality of state surface
waters. In order to prevent any harmful impacts associated with
construction activity it is your responsibility to comply with the
RIPDES CGP during the course of your site disturbance activities. The
keys to success are as follows:

 

1.	Ensure that an updated copy of your Soil Erosion and Sediment
Control Plan (SESC Plan) including site plans; amendments to the SESC
Plan; records of inspections, maintenance, and corrective actions; and a
copy of the pertinent DEM permits; are kept on-site and implemented at
all times during the extent of coverage under this permit. The site
operator as defined by Part I.C.2 of the RIPDES CGP must maintain a copy
of the SESC Plan at a central location on-site for the use of all those
identified as having responsibilities under the SESC Plan whenever they
are actively working on the construction site. If an on-site location is
unavailable to store the SESC Plan and associated records when no
personnel are present, notice of the SESC Plan's location must be posted
near the main entrance of the construction site.  

 

2.	Ensure that all required erosion, runoff, sediment, and
pollution prevention control measures are installed, inspected, and
maintained in accordance with Part III.J.3 of the RIPDES CGP. 

 

3.	Be aware that even if measures are correctly installed on a site
according to the approved SESC Plan, the site is only in compliance with
the RIPDES CGP when erosion, runoff, sedimentation, and pollution
sources are effectively controlled throughout the entire site. 

 

Failure to comply with these key requirements and the other terms and
conditions, outlined in the RIPDES CGP constitutes a permit violation
and is grounds for enforcement. Each year the DEM conducts inspections
and unfortunately, every year our inspections have resulted in formal
and informal enforcement actions for failure to comply with the RIPDES
CGP. In an attempt to minimize instances of non-compliance and
subsequent enforcement actions this notification has been sent to remind
you of your responsibilities as set forth in the RIPDES CGP.




Compliance Assistance

 

In order to help clarify the 2013 Construction General Permit
requirements RIDEM has developed a compliance assistance tool entitled
"The Construction Site Stormwater Compliance Assistance Program".
Participation in this voluntary program will specifically identify for
you and your site operator what RIDEM and the applicable regulations
require you to do as you undertake your construction project. 

 

Although participation in this compliance assistance initiative is
voluntary, RIDEM strongly encourages your active participation.  It is
important to recognize that you as the construction site owner and your
designated site operator must comply with the applicable requirements
covered in the certification workbook, regardless of whether or not you
choose to participate in this program. One of the main benefits of this
program is that it enhances your ability to comply with environmental
regulations and helps you to prepare for a random regulatory inspection.
We encourage you to take advantage of this opportunity to manage your
project correctly and establish your expectations with your selected
site operator early on in the project. 

 

Please note that active sites that choose not to participate may be
selected for a targeted regulatory inspection by the Department.  Sites
found to be in non-compliance with the regulations noted on the
checklist and in the workbook may be subject to significant penalties.  

 

More information on this program can be found by going to the following
webpage:

 

http://www.dem.ri.gov/programs/benviron/assist/ms4/index.htm

 

This website will provide you with a wealth of information including a
Fact Sheet which further explains the benefits of participation and the
Construction Site Stormwater Compliance Workbook which will assist you
in participating in the voluntary self-certification process.

 

Completing Your Project and Permit Termination

 

Please also be advised that in accordance with Part I.D of the CGP,
owners of authorized construction sites must also notify the DEM in
writing upon completion of land disturbing activities. The CGP requires
site owners to certify that all disturbed soils at the construction site
are stabilized, temporary erosion and sediment control measures have
been removed, and all stormwater discharges associated with construction
activity have been eliminated prior to requesting termination. Once
these requirements have been met and all annual fees have been paid, a
formal termination request may be submitted to the DEM. The minimum
information required to terminate permit coverage can be found in Part
I.E of the RIPDES CGP. In addition, a formal Notice of Termination form
can be found at the following website:

 

http://www.dem.ri.gov/pubs/regs/regs/water/ripdesca.pdf

 

Completed and signed Notice of Termination forms must be submitted to
the following address:

 

RI Department of Environmental Management

Office of Water Resources

RIPDES Program

Permitting Section

235 Promenade Street

Providence, RI 02908

 

We appreciate your cooperation in maintaining compliance with the
requirements of the RIPDES CGP. If you have any questions please contact
Brian Lafaille, PE of the RIPDES Permitting staff at 222-4700, Extension
7731.  

 

Sincerely,

 

  

 

 

 


Eric A. Beck, PE

Supervising Sanitary Engineer

Office of Water Resources - Permitting Section

 

 

 

 

 

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