How Does a Builder With Multiple Stormwater Permits Avoid a Consent Decree?

Easy Steps to Take to Avoid a Consent Decree

Avoiding a consent decree in relation to multiple stormwater permits typically involves ensuring compliance with all applicable regulations and permits. Here are some general steps a builder can take to minimize the risk of a consent decree:

1. Understand the permits: Thoroughly review and understand the requirements outlined in each stormwater permit. Identify the specific obligations, monitoring and reporting requirements, and compliance deadlines for each permit.
2. Develop a comprehensive stormwater management plan: Develop and implement a robust stormwater management plan that covers all permitted construction projects. This plan should include strategies for erosion and sediment control, pollution prevention, and stormwater runoff management. Adhere to best management practices (BMPs) relevant to your construction activities.
3. Implement proper BMPs: Ensure that all construction sites are implementing the appropriate BMPs to prevent erosion, manage sediment, and control stormwater runoff. This includes measures such as sediment basins, silt fences, erosion control blankets, or sediment traps.
4. Regular inspections and maintenance: Conduct regular inspections of all construction sites to verify that BMPs are properly installed and functioning as intended. Address any deficiencies promptly and maintain thorough records of inspections and maintenance activities.
5. Employee training and awareness: Train construction site personnel on stormwater management practices, compliance requirements, and the importance of following permit conditions. Encourage a culture of environmental stewardship and emphasize the significance of maintaining compliance.
6. Adequate documentation and record-keeping: Maintain accurate and comprehensive records related to stormwater management, including monitoring data, inspection reports, maintenance activities, and any corrective actions taken. These records serve as evidence of compliance and can demonstrate due diligence in the event of an audit or enforcement action.
7. Proactive monitoring and reporting: Continuously monitor stormwater discharges from construction sites and promptly report any exceedances or non-compliance to the appropriate regulatory authorities as required by permits. Implement a robust data management system to ensure accurate record-keeping and timely reporting.
8. Engage with regulatory agencies: Foster a positive relationship with the regulatory agencies overseeing stormwater permits. Proactively communicate with them, seek guidance when needed, and promptly address any concerns or violations to show a commitment to compliance.

It’s important to note that the specific requirements for avoiding a consent decree can vary depending on the jurisdiction and the circumstances surrounding the violations. It is advisable to consult with legal counsel experienced in environmental law and regulatory compliance to ensure a comprehensive understanding of the specific requirements in your jurisdiction.

The steps provided to minimize the risk of a consent decree in relation to multiple stormwater permits are based on commonly accepted best practices in the construction industry. These practices align with general principles of compliance with stormwater regulations and permit requirements. However, specific citations may vary depending on the jurisdiction and the regulations governing stormwater management in your area.

Additional Guidance

To obtain specific citations and sources, please refer to local stormwater regulations, guidelines, and best management practices issued by relevant authorities in your specific jurisdiction. These resources will provide you with the most accurate and up-to-date information applicable to your area. Additionally, legal counsel experienced in environmental law and regulatory compliance can provide valuable guidance and references specific to your jurisdiction.

Some potential sources that may provide guidance on stormwater compliance for construction projects include:

• U.S. Environmental Protection Agency (EPA) – Stormwater Management
• State or local environmental agencies:
• These agencies typically have resources, guidelines, and manuals specific to stormwater management and compliance for construction projects in their jurisdiction. Examples include state environmental agencies, county or municipal stormwater management departments, or regional water quality control boards.
• Professional engineering organizations or industry associations:
• Organizations such as the American Society of Civil Engineers (ASCE), Construction Industry Institute (CII), or Stormwater Management Association may provide resources, publications, or guidance related to stormwater management and compliance.

Please note that these sources are provided as examples and may not be applicable to your specific jurisdiction. It is important to consult the regulations and guidelines issued by the relevant authorities in your area for the most accurate and up-to-date requirements.