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Construction Site Runoff Inspections and Enforcement Stormwater Program 12/01/11
Construction Site Runoff Inspections and Enforcement Stormwater Program
12/01/11
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Table of Contents
Introduction ................................................................................................................... 1 Purpose of Document ................................................................................................... 1 Definition of Terms ........................................................................................................ 1 Compliance and Inspections ........................................................................................ 3 Site Compliance ............................................................................................................ 3 City Inspections ............................................................................................................ 3
Inspection and Enforcement Escalation ..................................................................... 4 Inspections .............................................................................................................. 4 Inspections Resulting in Non-Compliance ........................................................... 4 Inspection Escalation Process ................................................................................. 5 Stormwater Construction Full Level Inspection Form ............................................... 7 Stormwater Construction Site Inspection Form ....................................................... 11 Stop Work Notice ........................................................................................................ 13 City of Thornton Inspection/Enforcement Process .................................................. 14
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Introduction Protecting the quality of stormwater runoff is important to the City of Thornton (City), and is required by the Colorado Discharge Permit System (CDPS) Regulations. The policy described in this procedure is pursuant to City Code and the Municipal Separate Storm Sewer System (MS4) Permit from the Colorado Department of Public Health and Environment (CDPHE). The CDPHE, Water Quality Control Division (WQCD), through the MS4 permit issued to the City, requires the City to control and reduce the discharge of pollutants to protect stormwater quality and to satisfy the appropriate water quality requirements of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations (Colorado Regulation 61). A part of the MS4 permit requires the implementation of a program to reduce the discharge from public and private construction sites. The process herein is a part of the construction site inspection program the City is implementing. This policy describes the local requirements referenced in the CDPS General Permit for Stormwater Discharges Associated with Construction Activity; Part I.A.2.d “Qualifying Local Program”. Temporary sediment and erosion controls are required for all construction projects, per City Code Sec. 18-653.
Purpose of Document This procedure, entitled Construction Site Runoff Inspections and Enforcement, sets the minimum requirements for performing construction site inspections and the enforcement process. Revisions to the procedure may be adopted annually and as often as needed. The procedure may change without notice if it is found to no longer be effective and/or compliant with the City’s MS4 permit requirements. City staff will review submittals for general compliance with the procedure. This procedure shall be regarded as the minimum requirements needed to comply with the City’s MS4 permit.
Definition of Terms Several definitions are printed here for convenience, but this is not intended to be an all inclusive list. Terms in the procedure shall generally have the meaning assigned to them in the Code of Colorado Regulations. Best Management Practices (BMP): means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices intended to prevent or reduce the pollution of “State waters”. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Capital Improvement Project: any and all construction projects funded or partially funded by the City. Construction: the implementation of a proposed plan of improvements by an operator that may include excavating, demolition, site grading, utility work, paving, building, and other activities that may contribute to the disturbance of land and the potential to elevate the level of environmental impacts, erosion and sediment. Contamination: addition of pollutants to soil or groundwater that results in the impairment of water quality classifications or exceedance of water quality standards for any waters of the State, or a reasonable potential for any such impairment or exceedance.
Disturbance Area: area affected by construction including, but not limited to: grubbed areas, grading and excavation areas, staging areas, lay down areas, vehicle and equipment parking/storage/staging
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areas, construction areas, demolition areas, haul roads, access roads, stockpile areas, borrow areas, and trash enclosure areas. Final Stabilization: all ground surface disturbing activities at the site have been completed including removal of all temporary erosion and sediment control measures, and all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Re-seeding alone does not qualify. Flagrant Violations: activities or conditions, which endanger public health or result in a documented impact on a stream. Flagrant violations may also include: evidence of a discharge of pollutants, off-site release of sediment, flagrant washout violations threatening a storm sewer or drainage way, failure to address a NOV within the time allotted, or operating without a CDPS General Permit for Stormwater Discharges Associated with Construction Activities when one is required. Full Level Inspection: an inspection assessing the adequacy of BMPs and overall site management, performed by an inspector to determine compliance with the requirements of the Stormwater Management Plan (SWMP) and sediment and erosion control plans. These inspections also include reviewing inspection reports, SWMP, and site plan documentation. Illicit Discharges: any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except the following: discharges specifically authorized by a CDPS permit, and discharges resulting from emergency fire fighting activities. Larger Common Plan of Development or Sale: is a site where multiple separate and distinct construction activities may be taking place at different times on different schedules. Examples include:
1) Phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contracts or by separate owners (e.g., a project where developed lots are sold to separate builders);
2) A development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; and
3) Projects in a contiguous area that may be unrelated, but still under the same contract, such as
construction of building extension and a new parking lot at the same facility, if the project is part of a common plan of development or sale.
Notice of Non-compliance: a written notice of violations documented on a report, this constitutes a “Non-compliant” inspection for the site. Site conditions that constitute violations include but are not limited to; critical BMPs that are not installed, BMPs that are not installed correctly, failure to implement BMPs to effectively control tracking onto roadways, and fuel leaks/spills that have not been properly remediated. Significant violation status may also be assigned to instances or areas of repeated neglect and/or deficiencies from previous reports that have not been adequately addressed. Notice of Violation (NOV): a written notice of violation stipulating the nature of the violation and the required corrective action. Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project,
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different types of parties may satisfy the definition of 'operator' and that the permit may be transferred as the roles change. Reconnaissance Inspection: an inspection to assess the construction site for indicators of noncompliance, but not fully assessing the adequacy of the BMPs and overall site management. Stop Work Order (SWO): a written notification given to the Operator to cease all on-site construction activities for repeated unresolved NOVs. Stop Work Orders require immediate stop of all construction activities, and remediation of all violations, before construction activities can resume. Waters of the State: means any and all surface and subsurface waters, which are contained in or flow in or through this State, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.
Compliance and Inspections
Site Compliance The construction site should be routinely checked by the site Operator for proper BMP installation and continuing function in accordance with the approved SWMP narrative and drawings. Any BMPs with loss of integrity, loss of function, or breaches identified shall be repaired immediately to reduce the potential for stormwater to transport sediment and other pollutants into storm drains or off‐site.
Similarly, in areas where off‐site stormwater may flow onto and through the project site, perimeter
control BMPs should be implemented to route off‐site stormwater around the site rather than through
the site.
Good housekeeping practices such as proper waste handling, material storage, waste disposal, street sweeping, and effective vehicle tracking control measures also reduce the potential for stormwater contamination
City Inspections Prior to site disturbance, the City Inspector will perform an initial inspection of the construction site to verify all BMPs are in place and to document the existing vegetative cover. Future inspections will be conducted by City Inspectors with or without advance notice throughout the duration of construction until Final Stabilization or upon receiving proof of termination of the CDPS Construction Activity Permit from the Operator if this permit is required. City inspections and subsequent reports are not intended to exhaustively identify every violation or deficiency, which may exist on a site. Similarly, photo logs, which may accompany Inspection Reports are not intended to document every issue, every instance of every issue of concern, or every violation identified or existing on a site. City Inspection Reports do not fulfill the requirement for self‐inspections
required by the Operator.
The City Inspector may perform a Reconnaissance Inspection or a Full Level Inspection, depending on the condition of the site and the BMPs visible to the inspector. A typical Reconnaissance Inspection may be performed when a City Inspector visits the site on a normal construction site visit. The Reconnaissance Inspection does not fully assess the adequacy of the BMPs or the overall site management. Reconnaissance Inspections are visual in nature and entail observance of obvious BMPs that are failing or are in need of maintenance.
A typical Full Level Inspection will entail visual examinations of site conditions, construction activities, work practices, and BMPs. These BMPs may be structural, physically installed features (structural
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BMPs) or administrative/procedural activities that are part of the Operator’s work practices and procedures (non‐structural BMPs). Installed BMPs will be reviewed for correct application, correct
installation, adequacy, and maintenance. City‐approved SWMP and drawings for the project phase of
construction are used to verify features that should be in place, and their specific locations. Full Level Inspections are conducted when a site has indications of site-wide BMP issues, or when repeated non-compliance items reported to the Operator during a Reconnaissance Inspection have not been resolved.
The Operator shall be responsible for any additional or unforeseen conditions not addressed by the original SWMP.
Inspections and Enforcement Escalation
Inspections City Inspectors typically make unannounced site visits; however, City Inspectors may make courtesy calls to notify Operators that they will be on‐site. During the site visit, the City Inspector may consider,
inspect, and evaluate any or all of the following:
• Outfalls and discharge points for evidence of sediment migration, pollutants, or erosion. • Site boundaries and perimeter controls for containment with some form of sediment barrier. • Ponds, basins, traps, drainage ditches/swales, and other water quality features for correct construction, function, protection, integrity, and maintenance. • Disturbed areas for correct phasing and dormant areas not currently being worked that require
stabilization, temporary seeding or other means of cover. • Areas with final stabilization for germination, adequate cover, and/or need for reapplication or
maintenance. • Paved surfaces for evidence of dirt tracking, dirt ramps, need for cleaning, installation of
vehicle track pads, and sediment barriers installed adjacent to disturbed sections. • Inlets for correct and adequate protection, maintenance, or staining from pollution sources. • Material storage and waste handling areas and practices to verify that appropriate measures
are in place and exercised to manage all potential pollution sources. This may include waste receptacles, lay‐down and staging areas, designated liquid waste washout areas, fuel storage,
and waste piles. • Post storm event inspection and BMPs appropriate for the seasons. • Appropriate controls for site drainage leaving the limits of the site (run-off) and management of
adjacent site drainage entering the site (run‐on).
• Other implemented or required procedural, non‐structural or administrative control measures.
• Documentation of required self‐inspections including maintenance logs and SWMP updates.
• Consistency between current, site‐specific SWMP and installed/implemented controls and site
conditions. • Demolition activities, including saw cutting operations, for adequate waste management.
This list is not intended to be all‐inclusive, but is intended to identify the general scope of City
inspections for compliance with the City’s stormwater management requirements for construction activities. Inspections Resulting in Non-Compliance Site conditions that constitute non‐compliance include, but are not limited to:
• BMPs that are not installed according to the approved SWMP and drawings. • BMPs not installed correctly, or not implemented correctly. • Neglected BMPs, or in need of significant maintenance or replacement.
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• Portable toilets that are improperly stationed on paved surfaces or at curb flow lines or are not anchored properly.
• Evidence of liquid waste or washouts that are discharged directly onto the ground without containment.
• Concrete washout area that is near failure, not installed or signed properly. • Fuel leaks/spills that have not been properly remediated. • Inadequate vehicle tracking control measures to prevent sediment tracking onto paved sections. • Vehicle tracking onto City streets, roads or paved areas. • Repeated neglect and/or findings from previous reports that have not been adequately
addressed. Inspection Escalation Process Inspection Reporting: 1. A copy of the Stormwater Construction Site Inspection Report may be provided to the Operator’s
SWMP Administrator, if deficiencies exist. 2. The report identifies one of the following four situations:
a. Passing inspection: only minor deficiencies need to be addressed or no action is required. The City Inspector may notify the Operator by verbal or written communication. The written communication may be a copy of the City Inspector’s report. The Operator must correct any deficiencies immediately.
b. Notice of non‐compliance: Numerous deficiencies are noted. A Notice of non-compliance is
issued to the Operator in written form. The written communication may be a copy of the inspection report or a formal notice issued by the City Inspector. The Operator must correct the deficiencies immediately.
c. Notice of Violation (NOV): Indicates a site with site‐wide or systematic BMP issues and/or
repeated non‐compliance items which must be resolved immediately. Site‐wide or systemic
violations include (but are not limited to) illicit discharges, and BMP condition with an imminent potential for failure.
(1) Violations requiring maintenance may include observations noted where it has been determined that the condition of the BMP is such that there is significant potential for pollutants to be conveyed to the MS4. It is possible that several observations of the same violation could escalate the finding into a significant violation. If the City Inspector notes a violation requiring maintenance after four inspections, this may be noted as a significant violation. The written communication will be issued by the City Inspector.
(2) For the resolution of an NOV, all non‐compliant areas of concern and violations must be
adequately addressed immediately. Larger action items such as pond installation, temporary or permanent landscaping installations will be noted separately, and will need to be completed within 48 hours. If an action item, other than typical temporary BMP maintenance, that require more than 48 hours to complete, a remediation action plan must be submitted within 48 hours, and the corrective action must be completed within seven (7) calendar days. NOVs remain open and unresolved until an on‐site inspection
is conducted by a City Inspector to verify that all of the issues and concerns have been addressed, the site is free of violations, and Operator receives written notification from the City that the NOV has been resolved and closed.
(3) It is possible that the observed violations may escalate to a level where the City may issue a Stop Work Order.
3. Stop Work Order (SWO): A SWO is a written notification given to the Operator to cease all on-site
construction activities for Flagrant Violations or repeated unresolved NOVs. SWOs require the Operator to immediately stop all construction activities, but continue to remediate all violations.
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SWOs remain in force until an on-site inspection is conducted by a City Inspector to verify that all issues and concerns have been properly addressed, and the site is violation free. The SWO is removed by the City when the Operator receives written notification from the City that the SWO has been lifted.
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Stormwater Construction Full Level Inspection
Permittee: Cert. No. COR-03- Date:
Project: Project No. Start/End Time:
Address:
Inspector: Site Operator:
Weather Information
Has there been a storm event recently? Yes No If yes, provide: Storm Start Date & Time: Storm Duration (hrs.): Approximate Amount of Participation (inches): Date Time: Hrs Inches
Weather at time of inspection: Clear Cloudy Rain Sleet Fog Snowing High Winds Other: Temperature:
Inspection Results
Passing Inspection: Only minor or no deficiencies exist. Notice of non-compliance: Numerous deficiencies are noted. Number of Notices issued to date: 1 2 3 4 5 Notice of Violation: Indicates a site with site-wide or systematic BMP issues and/or repeated non-compliance items which must be resolved immediately. Number of NOVs issued to date: 1 2
Records Review
Copy of SWMP confirmed on-site: Yes No Notes: Copy of Erosion Control Plans confirmed on-site: Yes No _____________________________________________________________ 1. Site Description: Does Stormwater Management Plan (SWMP) provide a description of the following:
a) A description of the construction activity? Yes No
b) The proposed sequence for major activities? Yes No
c) Estimates of the total area of the site that is expected to undergo clearing, excavation or grading? Yes No
d) Existing data used in the development of the site construction plans or SWMP describing the soil, soil erosion potential or the quality of any discharge from the site? Yes No
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover? Yes No
f) The location and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizers or chemicals, etc.? Yes No
g) The location and description of any anticipated non-stormwater components of the discharge, such as springs, landscape irrigation return flow; construction dewatering and concrete washout? Yes No
h) The name of the receiving water(s) and the size, type and location of any outfall or, if the discharge is to a municipal discharge, and the ultimate receiving water(s)? Yes No
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2. Site Map: Does plan provide a generalized site map or maps which indicate:
3. Stormwater Management Controls
a) Construction site boundaries; Yes No
b) All areas of soil disturbance; Yes No
c) Areas of cut and fill; Yes No
d) Areas used for storage of building materials, soils or wastes; Yes No
e) Locations of all structural BMPs; Yes No
f) Locations of non-structural BMPs; Yes No
g) Locations of springs, streams, wetlands and other surface waters; Yes No
a) SWMP Administrator; responsible for developing, implementing, maintaining and revising the SWMP.
Yes No
b) Identification of potential pollutant sources.
1) Disturbed and stored soils; Yes No
2) Vehicle tracking of sediments; Yes No
3) Management of contaminated soils; Yes No
4) Loading and unloading operation; Yes No
5) Outdoor storage activities; Yes No
6) Vehicle and equipment maintenance and fueling; Yes No
7) Dust or particulate generating processes; Yes No
8) Activities involving fertilizers, pesticides, fuels, solvents, oils, etc.; Yes No
9) Waste management practices; waste piles, liquid wastes, dumpsters, etc.; Yes No
10) Concrete truck washing; Yes No
11) Asphalt and concrete batch plants; Yes No
12) Non-industrial waste, worker trash and portable toilets; Yes No
13) Other areas or procedures where potential spills can occur Yes No
c) Best Management Practices (BMPs): identifies and describes appropriate BMPs.
1) Structural Practices. Does BMP section include a description of structural site management practices that will minimize erosion and sediment transport? i.e. silt fence, earth dike, drainage swales, sediment traps, inlet protection, sediment basins, etc.)
Yes No
2) Non-structural Practices. Does BMP section include a description of interim and permanent stabilization practices, including site-specific scheduling of the implementation of the practices? (i.e. seeding, mulching, grading, sod, geotextiles, veg. buffer, etc.)
Yes No
3) Phased BMP Implementation. Does SWMP describe construction phasing? (i.e. clearing and grubbing, road construction, infrastructure installation, final grading and final stabilization)
Yes No
4) Materials Handling and Spill Prevention. Does SWMP address Material Handling and Spill Prevention? (i.e. exposed storage of building materials, fertilizers or chemicals; waste piles; equipment maintenance, or fueling procedures, notification procedures, cleanup, identification of spill kits locations.)
Yes No
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4. Final Stabilization and Long-term Stormwater Management
5. Inspection and Maintenance
Facility Inspection
5) Dedicated Concrete or Asphalt Batch Plant. Does SWMP clearly describe and locate all practices implemented at the site to control stormwater pollution for dedicated concrete or asphalt batch plants.
Yes No
6) Vehicle Tracking Control. Does SWMP clearly describe and locate all practices implemented to control potential sediment discharges from vehicle tracking: minimizing site access; street sweeping; gravel parking, etc.
Yes No
7) Waste Management and Disposal, Including Concrete Washout. Does SWMP address: concrete wash out waste disposal; liquid and solids waste disposal, etc.
Yes No
8) Groundwater and Stormwater Dewatering. Does SWMP clearly describe the practices implemented to ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters?
Yes No
Does plan include a description of the measures used to achieve final stabilization and measures to control pollutants in stormwater discharges that will occur after construction operations have been completed? Note: If permitee relies on landscape plan, then it must be attached to the SWMP.
Yes No
Does plan include a description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and sediment control measures and other protective measures identified in the SWMP?
Yes No
Are inspection records kept? Note: Examine a 3 month sample. Yes No
Are inspections conducted as required in the permit? Note: Inspection reports by operator must be dated and signed.
Yes No
BMP
BMP Installed?
Maintenance Required?
Corrective Action Needed and Notes
1 Silt Fence Yes No Yes No
2 Check Dams Yes No Yes No
3 Erosion Logs Yes No Yes No
4 Sediment Trap Basin Yes No Yes No
5 Inlet Protection Yes No Yes No
6 Outlet Protection Yes No Yes No
7 Vehicle Tracking Pad Yes No Yes No
8 Concrete Washout Yes No Yes No
9 Straw Bales (Not to be used as a primary BMP)
Yes No Yes No
10 Street Sweeping Yes No Yes No
11 Surface Roughing Yes No Yes No
12 Curb Socks Yes No Yes No
13 Seeding Yes No Yes No
14 Mulching Yes No Yes No
15 Sod Yes No Yes No
16 Erosion Blankets Yes No Yes No
17 Yes No Yes No
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Field Notes
BMP BMP Installed?
Maintenance Required?
Corrective Action Needed and Notes
18 Yes No Yes No
19 Yes No Yes No
20 Yes No Yes No
Observation Corrective Action Needed and Notes
1 Evidence of offsite transport of sediment or other pollutant?
Yes No
2 Evidence of discharges other than stormwater?
Yes No
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Is trash/litter from work areas collected and place in covered dumpsters?
Yes No
4 Is area free of spills, leaks, or any other deleterious material?
Yes No
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Are materials that are potential stormwater contaminants stored inside or under cover?
Yes No
6 Yes No
7 Yes No
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Stormwater Construction Site Inspection
General Information
Project Name Project No.
CDPS Cert. No. COR-03- Location
Date of Inspection Start/End Time
Inspector’s Name(s) Site Operator:
Describe present phase of construction
Type of Inspection: Reconnaissance Inspection Permit 14 day inspection Initial Inspection Post-storm event
Weather Information
Has there been a storm event since the last inspection? Yes No If yes, provide: Storm Start Date & Time: Storm Duration (hrs.): Approximate Amount of Precipitation (in): Date Time: Hrs. Inches
Weather at time of this inspection? Clear Cloudy Rain Sleet Fog Snowing High Winds Other: Temperature:
Have any discharges occurred since the last inspection? Yes No If yes, describe:
Were any discharges observed at the time of inspection? Yes No If yes, describe:
Inspection Results
Passing Inspection: Only minor or no deficiencies exist. Notice of non-compliance: Numerous deficiencies are noted. Number of Notices issued to date: 1 2 3 4 5 Notice of Violation: Indicates a site with site-wide or systematic BMP issues and/or repeated non-compliance items which must be resolved immediately. Number of NOVs issued to date: 1 2
Site-specific BMPs
BMP BMP Installed?
Maintenance Required?
Corrective Action Needed and Notes
1 Silt Fence Yes No Yes No
2 Check Dams Yes No Yes No
3 Erosion Logs Yes No Yes No
4 Sediment Trap Basin
Yes No Yes No
5 Inlet Protection Yes No Yes No
6 Outlet Protection Yes No Yes No
7 Vehicle Tracking Pad
Yes No Yes No
8 Concrete Washout Yes No Yes No
9 Straw Bales (Not to be used as a primary BMP)
Yes No Yes No
10 Street Sweeping Yes No Yes No
11 Surface Roughing Yes No Yes No
12 Curb Socks Yes No Yes No
13 Seeding Yes No Yes No
14 Mulching Yes No Yes No
15 Sod Yes No Yes No
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BMP BMP Installed?
Maintenance Required?
Corrective Action Needed and Notes
16 Erosion Blankets Yes No Yes No
17 Yes No Yes No
18 Yes No Yes No
19 Yes No Yes No
20 Yes No Yes No
Overall Site Issues
Observations Implemented? Corrective Action Needed and Notes
1 Are all slopes and disturbed areas not actively being worked properly stabilized?
Yes No
2 Are perimeter controls and sediment barriers adequately installed?
Yes No
3 Are discharge points and receiving waters free of any sediment deposits?
Yes No
4 Is trash/litter from work areas collected and placed in covered dumpsters?
Yes No
5 Are vehicle and equipment fueling, cleaning, and maintenance areas free of spills, leaks, or any other deleterious material?
Yes No
6 Are materials that are potential stormwater contaminants stored inside or under cover?
Yes No
7 (Other)
Yes No
Field Notes
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