SWPPP Reports

[GoldDredger]

In your area of practice, does the civil engineer typically prepare the SWPPP reports for construction projects?

I work in the Dallas region, and construction projects that will disturb more than an acre need to get a permit from the TCEQ. That requires a SWPPP and erosion control plan (prepared by civil), then a NOI (Notice of Intent) and eventually a NOT (Notice of Termination) when permanent stabilization has been established.

Generally out here we would require the contractor to get his permits, as they are the primary operator and have operational control of the site. The contractor will usually hire a SWPPP specialist to prepare the report and help them get their permit.

 

[gbam]

Yes and no. In southern Arizona we Civil Engineers prepare the SWPPP Document and specify that the contractor completes the NOI and NOT. We are not required to seal the document but it does state it was prepared by our company.

 

[bimr]

It depends on what is specified in the Contract.

 

[jgailla]

In Florida and Georgia, the engineer will typically prepare the SWPPP and the contractor will do the NOI and the engineer will do the NOT.
The SWPPP is required to obtain a construction permit in all the jurisdictions I've worked in, so on any design-bid-build job, there is no contractor to prepare the SWPPP.
bimr makes a good point about the Contract.

 

[TerryScan]

In Delaware, we have had Sediment and Stormwater Management laws/regs with Quality and Quantity management since 1991. Currently, the plans required by the state (prepared by licensed proffessional) qualify as the SWPPP plan for EPA. Our firm typically prepares NOIs and transfers for our clients (owner/developers), because contractors here probably don't have familiarity with all of the entries required on our NOI.

 

[jgailla]

Good point about the contractors, Terry.
I often help contractors fill out the NOI (at no cost) because it's simple and easy for me to go to their office and go over the form with them.
Any information they need for the NOI I can readily provide.

 

[GoldDredger]

I'm surprised in so many areas that civils produce the SWPPP, I would had thought it the other way around.

My reasoning is that erosion control and BMP (best management practices) are so closely tied to the Means and Methods of a construction project (design build notwithstanding).

For example, during design phase a civil will design the grading, utilities, demolition, layout etc.. However, the sequencing of construction, stockpiling, temporary and permanent erosion control, all these items fall under the contractors purview. All dependent on the contracts ability to mobilize, available equipment and crews, agreed completion milestones. Perhaps a contractor will grade and re-vegetate phases of the site, or grade the whole thing at once (as an example).

Because there is any number of ways that a contractor might construct a project, it seems to me a logical deduction that they should plan their pollution prevention.

In other words, if the design engineer produces the SWPPP, do they not then shares in the liability of what is entirely under the operational control of the contractor.

No?

 

[blaxabbath]

gbam-

I find your answer interesting. I am also in southern Arizona and when I worked for a heavy civil contractor, I recall the contractor being responsible for the SWPPP. When you prepare the SWPPP document, are you referring to the text document that appears in the specs only? Or does your office also provide the information with regard to where the bales, for example, need to be placed? I suspect contractors just do what they 'need to do' during the job anyways, but, as another poster mentioned, is there any concern about liability providing such specific details?

Composite Strengthening Systems, LLC
Turnkey Design and Installation Services
Coming Fall 2012: COMPOSITE-STRENGTHENING.COM

 

[gbam]

blaxabbath - For all our projects we have at least provided SWPP plan. It has been a few years, now, that we also produce the SWPPP book which is in accordance with EPA or governing agency requirements. Our clients are typically public agencies; but, we have also developed this document for private development projects. The only agency that does not require the book is the State DOT.

 

[beej67]

It rains in Texas? Who knew.

In Georgia, they changed all the rules over the past decade and a half, so that the engineer must look at things such as construction sequencing and scheduling during design, and must put together a phased erosion control plan that ties in with the grading plan, which becomes part of the permit. Then the contractor may make changes to that plan if it becomes necessary, but the changes must be recorded. There are different levels of state certification required as well - PE doesn't cut it. All this is dictated by Georgia's general permit.

Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[brandonbw]

You now need a SWPPP license to do the SWPPP in California. This change happened about a year ago. Another set of classes and tests for a PE to take. I have talked to others and there are 2 other items just like this, and they think those 2 items might need separate new licenses eventually too.

B+W Engineering and Design
Los Angeles Civil Engineer and Structural Engineer

http://bwengr.com

|

http://bwstructuralengineer.com

|

http://bwcivilengineer.com

 

[MrBachelor]

This is a GREAT topic.
While our company is headquartered in Arkansas, where the stormwater regulations are relatively lax, we have 6 other offices around the country and our top clients develop sites in all 50 states. Many of our engineering staff maintain additional certifications as required by certain states (such as Georgia and California) and are well versed in the practice of erosion prevention and sediment control. Our larger clients have developed internal processes and standards for their Civil consultants to provide a SWPPP document in addition to meeting the AHJ's erosion and sediment control plan standards. These SWPPP documents are often included directly in the specifications for the project, becoming part of the contract documents. Several of them are operating under consent decrees from the federal level so this type of control was necessary to avoid further fines and liability. In contrast, others have learned from those who have developed before them and have never been fined for stormwater compliance. Our firm is often hired by the Owner to review stormwater documents (both SWPPP and plans) prepared by other civil consultants. A pretty nice master service agreement.

While SWPPP documents often border on means and methods they are intended to express an idea of preventing erosion and controlling sediment on the site. The design-bid-build project is a 3 part effort with the Owner, Engineer, and Contractor all serving vital roles under the EJCDC. The SWPPP allows the Contractor to make changes to the erosion control plans and directs him to document the change. Furthermore, the SWPPP often incorporates a multitude of other studies and determinations the contractor is often not qualified to make. In my experience when the Contractor hires an Engineer to inspect his work, or produce documents which he must adhere to, there is created a potential conflict of interest. This is why Section 17 of the IBC requires the Design Professional in Responsible Charge to submit a statement of special inspections and those inspections must be paid for by the Owner, not the Contractor (recent initiatives in the city of Tulsa, OK point to this becoming more frequently enforced). But I digress.

Regarding the NOI; many state's permits require the Owner to sign and certify the NOI & SWPPP because ultimately the Owner holds the checkbook for the project and has the most skin in the game. While the contractor is often identified as a co-permittee, the Owner is often fined when things go wrong (see consent decree). Some states additionally require the Engineer to prepare, sign, and seal the NOI and perform periodic inspections of the erosion and sediment control measures implemented on the site. Where post construction stormwater management is also required, these inspections along with a final as-built certification are used to release the certificate of occupancy for the building. In an ideal job the Owner and Engineer would be on site with enough frequency to identify problem areas and prevent potential violations. However, this often leads to excessive cost (especially when the Owner and Engineer are not local to the job-site). Smaller job-sites often do not require production of SWPPP documents or filing of an NOI (size and requirement varies by state and municipality). This does not relieve the contractor from implementing BMPs and meeting the intent of the state or federal general stormwater permit.
Ultimately, it is the responsibility of all three parties to ensure compliance of the project.

For what it's worth, our company signs and seals every SWPPP we produce.

Nate the Great

http://www.ceieng.com

 

[beej67]

^ this.

Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East -

http://www.campbellcivil.com

 

[CPENG78]

Great topic indeed and its quite interesting to see the approach that takes place from state to state and it appears sometimes project to project. In two of my previous companies of employment, we the engineers prepared the SWPPP and Erosion Control Plan. Certainly, like Bimr says, it depends what's specified on the contract, however Mr Bachelor brings up a good point. In my case, I have been trained to produce that SWPPP to avoid the conflict of interest. Through the contract we are representing the owner through our professional services. Therefore we are to guard in the interest of the owner and in our interest that our design is implemented. Case in point, most of the time if not all, the owner will be the one paying the fines. I understand the fines are about $10,000 per violation per day.

I was involved in a project where we specifically left the SWPPP out of our scope as it was during the transition period when the new SWPPP regulations were going to come into effect here in California that brandonbw mentions. The monitoring, sampling and reporting of discharges per outfall alone after every rain event could potentially turn into an expensive line item in the contract. At some point we were told by the owner the contractor had hired its SWPPP consultant and nothing else was needed. Come to find out, on a random site visit not related to erosion control we noticed a series of violations that would otherwise be addressed by a SWPPP and its preparer. We notify the owner and after the owner did some digging around, the contractor to put it simply had lied about the hiring the SWPPP preparer. Furthermore, the city had issued a grading permit and no one at the city requested to see the SWPPP.

Eventually, we were contracted to prepare the SWPPP. Certainly not all contractors lack professionalism. In fact, the good majority of those I have dealt with have been very professional, but it was an example of what can happen if not everyone in the team is aware of the regulations and what typical procedures are to be followed.

 

[bank]

In Houston/Harris County TX we (engineers) typically prepare SWPPP plans and include them in the plan sets issued for permit and construction. The contractor is responsible for obtaining the permits. Either the contractor or owner submits the NOI and NOT.

I believe, for permitting purposes, all the City wants to see is that an SWPPP plan is included with your drawings. I would bet they don't even check it. In all my years of doing ths work I have never received permit review comments on SWPPP plans from the City, and never submitted an SWPPP Report to the City.

I have, however, been at job sites when a City inspector showed up to check that there was an SWPPP plan with the permitted drawings, and that an SWPPP permit was displayed with the other permits. Even then he didn't bother to check that the prescribed pollution prevention measures were properly implemented.

 

[brandonbw]

CPENG78: What city approved the grading plans without seeing the SWPPP? We can't get plans approved without having the maintenance covenant signed for the SUSMP. How did the SWPPP slip under the radar?

B+W Engineering and Design
Los Angeles Civil Engineer and Structural Engineer

http://bwengr.com

|

http://bwstructuralengineer.com

|

http://bwcivilengineer.com