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An onsite review and implementation process
By Rick Macho
Getting the
proper erosion and sediment control measures applied
to urbanizing sites in Illinois has been a continual
problem. In the past, developers would apply for and
receive National Pollutant Discharge Elimination System
(NPDES) stormwater permits, pay their fees, and start
construction. The general contractor would then proceed
with earthmoving activities. Frequently, the planned
erosion and sediment control measures would either be
ignored or put in improperly. In many instances, the
wrong practice would be put in. The deep loess soils
in southwestern Illinois are extremely erosive. Urban
development activity has lead to some massive erosion
and huge sediment yields.
In early
2000, a large influx of new construction work began
occurring in the section of southwestern Illinois, just
across the Mississippi River from St. Louis, MO, commonly
known as the Metro East area. Counties began to experience
a considerable increase in development, primarily on
land previously used for agriculture. That increase
in construction activity has continued almost unabated
to this day. This includes commercial and residential
development as well as construction or additions to
schools, governmental buildings, and churches. What
appears to be driving this activity are low land and
housing prices and easy access to the downtown St. Louis
area.
The Illinois
Environmental Protection Agency (IEPA) is responsible
for administering and enforcing NPDES stormwater permits.
In the summer of 2003, the IEPA and six Soil and Water
Conservation Districts (SWCDs) discussed the possibility
of having SWCDs in rapidly urbanizing areas, with a
Certified Professional in Erosion and Sediment Control
(CPESC) on the staff of each, who would be available
to conduct onsite permit reviews. In August 2004 the
IEPA and the six SWCDs signed a pilot agreement. Having
a CPESC on staff was critical in getting it signed;
it was recognized that these conservationists had the
necessary experience and expertise to properly address
the problems that were occurring on construction sites.
Current Illinois
stormwater rules require that a stormwater permit be
obtained if 1 or more acres of land are to be disturbed
in conjunction with any construction project. Prior
to 2003, a permit was not required unless at least 5
acres or more were disturbed. As a result of this change
and the trend of ever-increasing development, the IEPA
experienced a large increase in stormwater permits being
applied for and issued.
The procedure
agreed on by the IEPA and the SWCDs set up a framework
for each SWCD to meet regularly with its local IEPA
staff person and review the current and new NPDES permits.
A schedule would then be set to start the review process.
A reporting method and checklist was agreed upon to
maintain consistency during the program.
Madison
County
Madison County is in the St. Louis metro area,
on the east side of the Mississippi River.
One responsibility
of the local IEPA field office in Collinsville, IL,
is to perform routine stormwater inspections of construction
areas, as well as to respond to citizens’ complaints
about conditions at the sites. With the large number
of permits being issued, the IEPA realized that staffing
at the local office was inadequate to inspect more than
a token number of sites.
There are
about 140 active NPDES permits at any given time in
Madison County, ranging in size from 1 acre to 80 acres.
After prioritizing the permits, the SWCD and the local
IEPA office decide which sites to inspect. The permittee
is notified in writing that an appointment has been
made for an inspection. We remind the permittee with
a phone call the day before. We make it a point to invite
any and all relevant parties to be present. The first
few inspections that were completed had in attendance
the permittee, the engineer, the general contractor,
the developer, attorneys, and a representative from
the city or village where the site was located. NPDES
permits must comply with all local ordinances.
The local
municipal officials are appreciative of the chance to
be part of this process and often discover that their
erosion and sediment control ordinance is being violated.
The local inspectors frequently struggle with getting
contractors to comply with their ordinances. They often
do not have the necessary expertise to address specific
erosion and sediment problems. Local politics frequently
get in the way of enforcing their own ordinances.
The Inspection
Process
Once we arrive on the site, we give a brief summary
of why the SWCD is involved and what we will be inspecting.
We review the stormwater pollution prevention plan (SWPPP)
and the self-inspection reports and finally take a walk
or drive around the site. In reviewing the site, we
almost always include additional measures that are necessary
to adequately control erosion and catch sediment. Perhaps
the most meaningful part of this whole process is the
education of the contractors, engineers, and developers
as to why we are recommending the practices that are
best suited to the particular situation. We usually
discuss the erosion process and sediment control process
and why a particular practice will work in this situation.
There is
a huge lack of knowledge and understanding on proper
uses of erosion and sediment control measures on construction
sites. Early in the process, several developers were
still using straw-bale dikes, a practice we do everything
possible to discourage.
The most
common BMPs that are included in and added to SWPPPs
are
- temporary
seeding and mulch on any area to be left bare for
more then 21 days (this is the practice we encourage
the most);
- proper
use and choice of mulch (this includes straw, rolled
blankets, and hydoseeding techniques);
- proper
timing of seeding and mulch techniques;
- proper
selection of seed mixtures;
- grade
control structures in areas of concentrated flow (geotextiles,
rock riprap, and absolutely no straw bales!);
- sediment
retention basins (most municipalities require permanent
stormwater storage basins. If designed properly, these
are ideal places to install temporary sediment basins.
Rock dams and/or slotted risers can trap hundreds
of tons of soil. When the construction is complete,
these basins can be returned to their permanent function
as stormwater facilities);
- sediment
trapping devices at the inlets to stormwater drains;
and
- silt
fence—perhaps the most misused and overused practice.
Again, the
explanation of why we are recommending a practice is
critical to getting the developer to agree to complete
it. We could force the issue; however, it is much more
effective if the contractor knows why he is doing a
practice rather than doing it for compliance only.
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| Storm drain sediment control |
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| Good use of seed, mulch, and riprap gully control |
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| Rolled blanket on steep slope to highway (with silt fence at base) |
As we complete
the site review, we tell the permittee that we will
be writing a report to the IEPA about the inspection.
I tell the permittee exactly what I will be putting
in the report as far as measures that need to be completed
to bring the site into compliance. We then verbally
agree that these measures are needed and reasonable
and that they meet the requirements of the NPDES permit.
In every instance, the permittee must agree to the necessary
measures and to have them completed within 30 days.
To date we
have completed 51 inspections in Madison County. Those
sites that are out of compliance during our initial
visit are revisited within 30 days. Almost every site
we revisit has completed the required erosion and sediment
control measures.
Developers
and contractors are starting to understand that is in
their best interest to comply. What we recommend always
requires a relatively minor expense compared to the
overall operation. When given proper guidance and an
understanding of erosion and sediment control measures,
developers will usually agree to install them. In complying,
they satisfy us as well as the IEPA. Providing education
to general contractors and developers has been a major
accomplishment so far.
An interesting
observation has been the buzz of this process within
the development and general contracting community. Permit
holders are aware that someone is inspecting their work
and doing so in a reasonable, competent, and fair manner.
We have on several occasions visited a site to do an
inspection and observed several erosion control measures
that were completed within two days prior to our visit.
Mike Fruth,
Madison County’s stormwater coordinator, feels
the program is well worth the time and expense. He states,
“Working closely with the SWCD has been a great
partnership. Having an erosion control inspector in
the field has had positive results. The contractors,
developers, and property owners know that someone is
making sure the regulations are being followed. We have
had better compliance and reduction of sediment loads
through this program. My hope would be that the IEPA,
Madison County, and the SWCD can continue to partner
for the betterment of the water quality.”
McHenry
County
Ed Weskerna, CPESC, is the district manager for
the McHenry County Soil and Water Conservation District.
He has been involved in the inspection program from
the start and has seen some significant progress. He
describes the process and his county’s involvement:
“McHenry
County is located approximately 60 miles northwest of
the city of Chicago. In the early 1980s one could describe
the county as mostly rural with agriculture as the mainstay
industry. Now the county has the dubious distinction
of being one of the fastest-growing counties in the
state of Illinois. The land grab is in full swing, with
municipalities jockeying for control of as much land
as they can before their neighbors seize control of
it. The attraction of open spaces, willing sellers,
unrestricted (treeless) farmland, and the surge of homebuyers
fleeing the crowded suburbs are just a few of the reasons
cited for the growth.
“As
in any other part of the US, growth brings with it all
of the associated problems, such as increased stormwater
runoff and erosion, and northern Illinois is no exception.
For the past 20 years, McHenry County had little or
no regulations or enforcement concerning the control
of soil erosion from construction sites. As recently
as June 2004, the county passed a comprehensive stormwater
ordinance, which now addresses those pollution issues
associated with unregulated development. In McHenry
County inspections and enforcement are now under local
control. This is certainly not the case in the rest
of Illinois, where many counties rely on regulations
under NPDES to help stave off the pollution generated
from developments. In July 2004, the McHenry County
SWCD signed onto the IEPA pilot program with five other
SWCDs to assist the IEPA with inspections of construction-site
activity and to help educate developers, contractors,
and engineers on proper erosion control techniques.
“One
of the best things that has come out of the IEPA pilot
program is that Illinois Soil and Water Conservation
Districts are finally involved (directly) in urban-related
erosion control issues. For the past 20 years, many
SWCDs saw the need to broaden their influence in urban
erosion control. However, they faced resistance from
partnership agencies that historically concentrated
funding, policies, and technical assistance solely on
agricultural water-quality and erosion problems. Those
agencies are now beginning to be more supportive of
urban involvement.
“Frustration
is one way to describe what many SWCDs experience when
witnessing the blatant disregard of construction-site
erosion control and not being able to do anything about
it. The IEPA pilot program has turned that around. Because
the SWCDs have become the eyes and ears for the IEPA,
we now have the attention of developers, municipal inspectors,
consulting engineers, and contractors. SWCDs are finally
part of the process of reviewing erosion control plans,
conducting site inspections, providing alternative BMPs,
recommending corrective actions, and, most importantly,
providing education about construction-site erosion
control issues. Illinois SWCDs have been afforded the
best opportunity in 50 years to make an impact on urban
environmental issues. With the support of the IEPA,
partnership agencies, municipal inspectors, and even
the development community, we may be able to finally
get our arms around a major pollution contributor.”
Macon
County
Shannon Allen, CPESC, is a watershed specialist
with the Macon County SWCD and was the driving force
in getting the pilot program started. He summarizes
the project to date:
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| Temporary riprap sediment control basin in a permanent stormwater basin. |
“For
several years prior to the [NPDES] Phase II rules coming
into effect, we at the Macon County Soil and Water Conservation
District worked with developers in the county to provide
reviews for erosion control plans. Many times, this
was just a paper exercise and filed away. We needed
to find a way to convince our developers that they needed
to start implementing their plans before the IEPA found
them out of compliance. We did not want to see any developer
fined if we could prevent it. With a good educational
program, we felt we could achieve this goal. This is
why we participated in the pilot project.
“The
project allowed us the opportunity to meet face-to-face
with developers and explain the Phase II rules for construction
sites over 1 disturbed acre. Our fist site visit was
on a site that was drained into Lake Decatur, a large
municipal water-supply lake. We met with the developer
and explained the situation. The site was currently
not in compliance with the Phase II law. There was no
SWPPP onsite, and it appeared that no measures were
being implemented. The whole site was bare. We gave
the developer seven days to implement our recommendations
and the plan. We offered additional assistance if needed.
The next time we visited the site, the plan was available.
Erosion and sediment control measures were being implemented
along with other recommended practices. This particular
developer went on to appoint one person from the firm
to handle all the Phase II rules.
“The
news got out quickly that the IEPA and the SWCD were
serious. The next few permits that we did were pretty
much the same as the above example.
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| Rolled erosion control blanket and riprap outlet control. |
“Then
something unheard-of happened. We inspected a site that
was in complete compliance the first time out! We did
not have to do a follow-up inspection. Then we had a
second site that was in compliance. Not all sites have
been in compliance since, but all of them have at least
made an attempt to comply with the law. We continue
to work very hard to make sure that developers stay
in compliance with the Phase II regulations by continuing
to make inspections and offering educational workshops.”
Summary
To date, this contractual arrangement has worked
exceedingly well. Designated inspectors from SWCD field
offices serve as the “eyes and ears” for IEPA
for ongoing construction activity. If complaints or
concerns are received on active sites, the inspectors
can and do inspect these sites. With rare exceptions,
the inspector recommendations have been complied with
a good spirit of cooperation on both sides. It should
be pointed out that any and all enforcement authority
for those few recalcitrant developers rests solely with
the IEPA.
Another important
function of these inspectors is to advise the local
IEPA office if land has been disturbed at a site and
there is no evidence of a permit. Lastly, it is believed
that the word has gotten around about the additional
inspectors in the field. As a result, the rate of compliance
with good erosion and sediment control practices, as
well as the administrative requirements of the permit,
are ever increasing. The IEPA is hopeful that this one-year
contract will be extended for another 12-month period
and even expanded to other counties where extensive
development is occurring.
Rick Macho,
CPESC, is with the Madison County Soil and Water Conservation
District in Edwardsville, IL.
EC
- July/August 2005
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