Compliance Issues

Do you know that the penalty for not complying with the NPDES permit during construction can be severe and unaffordable (up to $32,500 per violation per day!)

A Storm Water Pollution Prevention Plan or Program, SWPPP, has become a vital requirement for almost all civil projects and industrial facilities during design, construction and operation phases. As control of pollutants in storm water runoff discharges from construction activities and industrial facilities is one of the key environmental concerns, awareness of the importance of surface water and storm water quality is rapidly increasing and more stringent regulations and requirements have been imposed on all developers. Following the US Environmental Protection Agency (EPA) and NPDES permit regulations addressed to all owners, developers and contractors, a stormwater management program/plan (such as SWPPP, SUSMP, SWMP, WPCP, WQMP, DAMP…etc) must be developed and implemented to almost all construction sites.

What if we do not comply?

  1. Under CWA Fines to $32,500 Per Day
  2. Under California’s Porter Cologne Act
  3. $15k per day, + $20 per gallon, + Cost of their time to inspect
  4. Any person who knowingly violates can be fined $10,000 or imprisoned up to 2 years {CWA Section 309(c)(4)}
  5. Current Regulation Atmosphere:
    -- "The learning Curve is Over"

Fine Examples

February 2002 - Developer of 132 Acres Housing Project- Administrative Liability

Fine details:

  1. $ 600 per day for failing of filing a Notice of Intent (NOI) for 600 days of violation of the Water Code, section 13376 for a total of $ 360,000
  2. $ 100 per day for failing to submit the Storm Water Pollution Prevention (SWPPP) for 622 days of violation of Water code, sections 13267 and 13383 for a total of $62,000

March1996: Home Builder - Southern California Violation and Order for Compliance 03/96

Fine details:

Total liability $20,000 for failing to properly develop and implement and effective SWPPP and discharging sediment-laden storm water 

June 1998: Caltrans Contractor - Violation and Order for Compliance 06/98

Fine details:

Total liability of $50,000 for discharging debris in creek, discharging excessive amount of sediment in storm drain, deficiencies in SWPPP and observation of a sheen of fuel floating on the storm water.

August 2000: Sacramento County - Lower Laguna Bypass Roadway Construction -Violation and Order for Compliance 08/00

Fine details:

Total liability of $52,400 for failing to develop a SWPPP and discharging sediment.

December 2000: Redding - Home Builder - Violation and Order for Compliance 12/00

Fine details:

Total liability of $60,000 failing to implement properly the SWPPP and having a non- effective erosion control and minimal sediment control measures

1998: Caltrans - District 11 -Violation and Order Compliance 1998

Fine details:

Total liability of  $430,000. Reason: Sloppy runoff control practices at Caltrans construction sites, drainage facilities and maintenance yards.

September 2000: City of San Diego - Violation and Order Compliance 09/00

Fine details:

Total liability of $532,000. Reason: Failing to curb erosion along a dirt road above the Los Penasquitos Lagoon.

June 2001: USEPA Enforcement Action, Walmart

Fine details:

Total liability of  $1 Million plus $4.5 Million Plan. Order to comply with environmental laws at each of its construction sites and minimize the impact of its building on streams and watersheds

July 18, 2001: Southern California Builder- San Diego Regional Board Hearing

Fine details:

Total liability of $1.2 Millions. Reason: Failed to get a Permit and to control erosion and runoff.