©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
California Construction General PermitWeb Conference
California Construction General PermitCalifornia Construction General PermitWeb ConferenceWeb Conference
Session IV:New Regulations of the
Rain Event Action Plan (REAP)Wednesday, January 27, 2010
12:00 p.m. – 1:30 p.m.
For audio participationFor audio participationDial: 1.866.238.0637; Passcode 1424186 Dial: 1.866.238.0637; Passcode 1424186
©2010 Foley & Lardner LLP
PresenterPresenterPresenter
Wayne S. RosenbaumPartnerFoley & Lardner LLP
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
PresenterPresenterPresenter
Kelly Doyle, CPESCEnvironmental SpecialistRick Engineering Company
©2010 Foley & Lardner LLP
PresenterPresenterPresenter
Jayne Janda-Timba, PEAssociateRick Engineering Company
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
PresenterPresenterPresenter
Shaun Flater, CPSWQ, CPESCDivision ManagerWhitson CM Inc.
©2010 Foley & Lardner LLP
PresenterPresenterPresenter
David Roberts, PhDEnvironmental ScientistNautilus Environmental
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
HousekeepingHousekeepingHousekeeping
Materials are available on our Web site at www.Foley.com or simply click the print icon on the bottom right hand side of your screen to print to a PDF.Call 866.493.2825 for technology assistanceDial *0 (star/zero) for audio assistanceAmple time for live Q & A will be allotted at the end of the formal presentationWe encourage you to Maximize the PowerPoint to Full Screen Usage:- Hit F5 on your keyboard
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Presentation OutlinePresentation OutlinePresentation Outline
Regulations for the Rain Event Action Plan (REAP)
Monitoring and Recording for Qualifying Rain Events (QREs)
Legal Considerations Regarding Documentation for Rain Events
Thoughts and Suggestions for Successful Rain Event Implementation
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)
The REAP and other Rain Event Documentation
REAP“Road Map of Organization /
Implementation”
Pre-Storm Inspection and Documentation
During-Storm Inspection and Documentation
Post-Storm Inspection and Documentation
Analytical Analysis
Construction Site
Monitoring Program
Inspection, Maintenance,
and Repair
©2010 Foley & Lardner LLP
Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)
When is a REAP necessary?– 99-08-DWQ 2009-0009-DWQ, Risk Level 1– Risk Level 2 and Risk Level 3 projects
Not Risk Level 1Not linear projects
– 48hrs prior to > 50% of Precipitation– Specific to each rain event and current phase of
construction (Grading, Streets/Utilities, Vertical, and Final Stabilization)
– What happens if probability changes during 48 hour window?
WeekendsHolidays
46 Rain Events =
46 REAPs
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)
Where can I find a REAP template?Who can prepare the REAP?– Qualified SWPPP Practitioner (QSP)
Qualified SWPPP Developer (QSD)Certified Erosion, Sediment, Storm Water InspectorCertified Inspector in Sediment and Erosion Control
REAP must be onsite no later than 24hrs prior to rain event
Can you be ready in 24 hours?– Weekends– Holidays
Must maintain a copy of each REAP onsite
©2010 Foley & Lardner LLP
Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)
REAP Requirements– Must document each active phase of construction
Construction activities for each phaseTrades active during each construction phaseTrade contractor informationSuggested actions for each construction phase
– Includes inactive construction sitesInactive areas of construction are areas of construction activity that have been disturbed and are not scheduled to be re-disturbed for at least 14 days.
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)Rain Event Action Plan (REAP)
REAP Requirements cont.– Minimum Site Information
Site addressCalculated Risk Level (2 or 3)Site Storm Water Manager InformationErosion Control Contractor InformationStorm Water Sampling Agent Information
©2010 Foley & Lardner LLP
Visual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain Events
Visual Monitoring Requirements– Pre-storm and Post-storm Regulations = Construction Site
Monitoring Program(Attachment C, D and E: Section I)
– During storm Regulations = Inspection, Maintenance and Repair(Attachment C, D and E: Section G)
– Required for all Risk LevelsInspectors to be QSP (QSD) or trained by QSP– Documentation of training
During business hours only
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Visual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain Events
Required 48hrs prior to the qualifying rain eventInspect all drainage areas to identify spills, leaks, or uncontrolled pollutants – Implement and document all corrective actions
Inspect all BMPs to identify proper implementation– Implement and document all corrective actions
Inspect storm water containment areas for presence or absence offloating litter/trash, sheens, discolorations, turbidity, odors
– DocumentationResults PhotosCertification under penalty of perjury
©2010 Foley & Lardner LLP
Visual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain Events
Required during the qualifying rain eventConduct inspections each 24hr periodIdentify and record BMPs that need maintenanceIdentify and record BMPs that failed or that could fail
Bad UglyGood
Document repair, modification, and implementation of BMPs
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Visual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain Events
Required during the qualifying rain event (cont.)Complete Inspection checklist– Inspection date, date inspection was written– Weather information, estimate of beginning of rain event, duration, time
elapsed since last storm, amount of rainfall– Site information (phase, area exposed during grading)– BMPs evaluated and any deficiencies
Erosion controlSediment controlDrainage controlChemical/waste controlNon-storm water control
– Inspection/observations at all discharge points and downstream locations
– Maintenance activities– Corrective actions taken & photo documentation
©2010 Foley & Lardner LLP
Sampling and Analysis Overview for Qualifying Rain EventsSampling and Analysis Overview for Sampling and Analysis Overview for Qualifying Rain EventsQualifying Rain Events
Risk Level 2 and Risk Level 3 storm water sampling guidelines– Minimum 3 grab samples/day of discharge per discharge location
Minimum analytes: – pH (onsite)
– Turbidity (onsite or laboratory)
– Non-visible pollutants identified in the list of potential pollutant sources, including those associated with specific trade activities
– Any additional parameters for which monitoring is required by the RWQCB– Suspended Sediment Concentration
Risk Level 3: if violation of an Numeric Effluent Limit (NEL) for Turbidity
Will require planning!– Where are the sampling points?– Who is responsible for meter calibration and sampling?
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Visual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain EventsVisual Monitoring for Qualifying Rain Events
Required after the qualifying rain eventInspection to identify whether BMPs were adequately designed, implemented, and effective– Review the pre-storm - during-storm inspection findings for
information on future designs or implementation
Continue inspection of discharge for all storm water containment areas (e.g., desilting basin)Record time, date, onsite rain gauge reading (including NOAA records)
– Numeric Action Level (NAL) Exceedance Reporting (if requested)– Numeric Effluent Limitation (NEL) Violation Reporting– Inspection Certification (QSP)
©2010 Foley & Lardner LLP
Legal Considerations Regarding the REAPLegal Considerations Regarding the REAPLegal Considerations Regarding the REAP
Duties and Considerations for the Legally Responsible Person (LRP)– LRP is the entity legally responsible for site performance and compliance with
the permit
Selection and Responsibility of the QSP
REAP and additional storm event documents have become a significant emphasis of compliance
Budgets should be allocated for the REAPs and storm event BMP modification/maintenance
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Thoughts and Suggestions for Successful REAP ImplementationThoughts and Suggestions for Successful Thoughts and Suggestions for Successful REAP ImplementationREAP Implementation
Challenges of REAP PreparationDoes your budget have sufficient resources for the storm event program?Reliability of NOAA websiteAvailability of QSP/QSD to prepare and certify the document
Challenges of REAP ImplementationAvailability of resources and authority to ensure effective implementationAvailability of staff (erosion control contractor, sampling agent, QSP/QSD)
©2010 Foley & Lardner LLP
Summary of REAP Implementation– Adequate resources onsite– Pre-determined person of authority (LRP or QSP)– Materials and pre-determined locations for sampling– Type of construction phase– Applicable BMPs installed– Aware of potential pollutants– Qualified Inspector
Thoughts and Suggestions for Successful REAP ImplementationThoughts and Suggestions for Successful Thoughts and Suggestions for Successful REAP ImplementationREAP Implementation
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Summary of Storm Event Implementation
Thoughts and Suggestions for Successful REAP ImplementationThoughts and Suggestions for Successful Thoughts and Suggestions for Successful REAP ImplementationREAP Implementation
Storm Event Source ActionPerson
Responsible
Pre-StormREAP
CSMP
• Site Evaluation • Additional BMP
Implementation• Storm Preparation
LRP & QSP
During Storm
Inspection, Maintenance and
Repair
CSMP
• Site Evaluation• BMP Modification• Sampling
LRP & QSP
Post-StormCSMP
• Site Evaluation• BMP Amendment• Exceedance / Violation
Reporting / LRP
LRP & QSP
©2010 Foley & Lardner LLP
Contact UsContact UsContact Us
S. Wayne Rosenbaum, Esq.Foley & Lardner LLP
Shaun Flater, CPSWQ, CPESCWhitson CM Inc.858.583.0649
David Roberts, PhDNautilus Environmental858.587.7333 (x226)
Kelly Doyle, CPESCRick Engineering Company
Jayne Janda-Timba, P.E.Rick Engineering Company
©2010 Foley & Lardner LLP • Attorney Advertising • Prior results do not guarantee a similar outcome • Models used are not clients but may be representative of clients • 321 N. Clark Street, Suite 2800, Chicago, IL 60654 • 312.832.4500
©2010 Foley & Lardner LLP
Thank You!Thank You!Thank You!
A copy of the PowerPoint presentation and a multimedia recording will be available on our Web site early next week.Continue the discussion! Ask a question or post a comment about the new Construction General Permit on the Whitson CM blog:http://whitson.wordpress.com.