Construction Site Pollution
Federal Priority
California Enforcement Improving

© 1999 Streamline Publications

Stormwater runoff carrying soil and other pollutants from construction sites is attracting increased attention from regulators at the Environmental Protection Agency. The State Water Resources Control Board (SWRCB) and the nine regional water quality control boards are stepping up efforts to force compliance as well. This comes in the wake of criticism of regulatory efforts in at last three of the state’s regions.

Lax Enforcement

In a California Public Interest Research Group (CalPIRG) study of state records, of nearly 6,800 reported violations fewer than 4 percent received any enforcement action from the state and fewer than 1 percent resulted in fines for violators.

The CalPIRG report summarized its findings: “Due to a combination of weak tools, under-staffing of law enforcement agencies and a lax attitude among some officials, it is evident that enforcement of the Clean Water Act through fines and other penalties has never been a threat for many industries.”

The State Water Resources Board responded to the CalPIRG report that its enforcement efforts have improved recently with new personnel positions added in the enforcement area; that in the past 2 years enforcement actions have increased by 50 percent.

While that expanded level of response would include fewer than 6 percent of violations, it is a clear indication that pressure from the EPA and others—plus the state’s own law—signal a change.

New efforts in Sacramento to adequately fund pollution monitoring promise stronger policing. The funding for state inspectors and other frontline regulators had been allowed to shrink over past years. There is now support in the state legislature and governor’s office to restore funding and increase pressure on all polluters.

The Law

Since 1992 builders on all sites with more than 5 acres of disturbed land—and certain smaller sites—have been required to file notice with the SWRCB. They must reveal their intentions and join in the General Construction Activity Storm Water Permit. Further, a Stormwater Pollution Prevention Plan (SWPPP) must be prepared outlining stormwater pollution prevention measures or best management practices (BMPs) to reduce contaminated runoff.

According the guidebook on erosion and sediment controls published by the San Francisco Bay Regional Water Quality Control Board: “Construction-related erosion and sedimentation can cause problems for downgradient property owners, create nuisance problems on adjacent streets, clog streams and storm drains, and lead to premature silting up of reservoirs. The cumulative toll on the environment can be devastating. Uncontrolled erosion is costly, violates state and federal pollution laws, exposes developers, contractors, and landowners to legal liabilities, and provides ammunition to those who argue that the development process itself is out of control.”

As more and more development in the California’s revitalized economy takes place, the threat from erosion is increasing.

What is Runoff Worth?

Violators face civil penalties of up to $10,000 a day plus $10 per gallon of sediment-laden runoff. The Superior Court can impose fines of up to $25,000 per day. A knowingly false statement can get the violator as much as a $10,000 fine and 2 year’s prison time.

In the face of such regulatory pressure and lawsuits against violators, the best course is the far less expensive alternative of compliance—of erosion prevention and mitigation.

More information on how to comply is available from the State Water Resources Control Board web site http://www.swrcb.ca.gov; or http://www.stormwater-resources.com, or from your regional water quality control board. Check your phone directory state government pages under “water quality.”

Then talk to the erosion control experts at Albright Seed Company for practical, cost-effective pollution solutions and products that work.

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