Section 02270 STORMWATER POLLUTION PREVENTION PLAN

Section 02270

STORMWATER POLLUTION PREVENTION PLAN

PART 1 – GENERAL

1.1 DESCRIPTION

A. The Orange County Sanitation District (OCSD) is regulated by the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for Storm Water Discharges Associated with Construction Activity, Water Quality Order No. 2009-0009- DWQ (General Stormwater Construction Permit).

B. This Specification section applies to the Work performed by the CONTRACTOR as necessary to comply with the above regulations.

C. The preliminary risk level/ project type assigned to the Project has been determined to be Level 2. The CONTRACTOR shall perform the Project Risk Determination (PRD) to update the preliminary risk level/ project type indicated in this Specification section, review it with the ENGINEER, and then submit it to OCSD for acceptance.

D. To prevent impairment to water quality from construction site discharges to surface waters, the CONTRACTOR shall develop a project-specific Stormwater Pollution Prevention Plan (SWPPP) in accordance with the risk level/ project type approved by OCSD and as specified herein. The regulations require that the SWPPP include a project

-specific Monitoring Program (MP) and utilize Best Management Practices (BMPs).

E. The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD) and certified by QSD as a legally defensible SWPPP.

F. The CONTRACTOR shall be aware that the preliminary risk level/ project type specified herein is based on the preliminary estimates of the size of the construction site area and the size of the disturbed area. It shall be the responsibility of the CONTRACTOR to reassess these estimates once all the CONTRACTOR’s planning for the Project is finalized, and include the updated numbers in the SWPPP.

A. The SWPPP shall comply with the General Construction Permit and in accordance with the following publications: California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook – Construction, or Caltrans Storm Water Quality Handbooks - Construction Site Best Management Practices Manual, and their respective SWPPP Templates. These resources provide the necessary materials and regulations for meeting the requirements of the General Construction Permit. The SWPPP) shall provide a description of potential stormwater runoff and/or other sources which are likely to add significant quantities of pollutants to stormwater discharges and/or which may result in non-stormwater discharges from the construction site.

B. The CONTRACTOR shall submit the SWPPP to the OCSD for review and acceptance.

C. The CONTRACTOR shall obtain OCSD’s written acceptance of the SWPPP in the form of OCSD acceptance signature on the SWPPP certification sheet.

D. The CONTRACTOR shall then establish CONTRACTOR’s project-specific user ID with the California State Water Resources Control Board’s Storm Water Multiple Application and Report Tracking System (SMARTS) and submit the user ID to OCSD in order for OCSD to add the CONTRACTOR’s user ID to the OCSD-established project- specific SMARTS account. Once OCSD adds the CONTRACTOR’s user ID as a Data Submitter for the Project into SMARTS and notifies the CONTRACTOR of the addition (linkage), the CONTRACTOR shall upload to SMARTS all required permit documentation, including, but not limited to, the Stormwater Pollution Prevention Plan (SWPPP) in the format required by SMARTS.

E. OCSD will then file a Notice of Intent (NOI) with the SWRCB, obtain from SMARTS a Facility Identification Number (WDID) of the General Construction Permit, and provide a copy of the respective General Construction Permit approval to the CONTRACTOR.

F. Disposal of construction water from operations such as groundwater dewatering and water used for testing, disinfecting, and/or flushing pipelines is not part of the Work under this Specification section. For permit requirements for such specific discharges, refer to Specification section 02200, Earthwork.

1.2 RELATED WORK DESCRIBED ELSEWHERE

A. The requirements of the following sections and divisions apply to the Work of this section. Other sections and divisions of the Specifications, not referenced below, shall also apply to the extent required for proper performance of this Work.

1. Section 01150, Permits (with permit attachments)

2. Section 02200, Earthwork

1.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS

A. All Work specified herein shall conform to or exceed the applicable requirements of the referenced portions of the following publications to the extent that the provisions thereof are not in conflict with other provisions of these Specifications.

B. Comply with the applicable editions of the following codes, regulations and standards.

1. Industry Standards:

CASQA Stormwater Best Management Practice Handbook– Construction

Caltrans Storm Water Quality Handbooks - Construction Site Best

Management Practices Manual

C. Comply with laws and regulations on stormwater management of the applicable federal, state, county, city, and special district jurisdictions, which includes, but is not limited to, the following:

1. U.S. Environmental Protection Agency;

2. California Department of Fish and Game;

3. Regional Water Quality Control Board, Santa Ana Region (RWQCB);

4. County of Orange, California;

5. The City of Fountain Valley, California

1.4 CONTRACTOR SUBMITTALS

A. Submit documents in accordance with the General Requirements section entitled

“Submittal Procedures”.

B. Upload into SMARTS all additional documents required by the General Construction

Permit and/or as directed by the ENGINEER. C. Submit the following:

1. CONTRACTOR’s user ID as a Data Submitter for the Project into SMARTS.

2. SWPPP and all other SWPPP-required documents uploaded into SMARTS:

a. Monthly and annual compliance reports;

b. Sample analysis reports;

c. Rain event action plans;

d. Proof of training for the QSD and the QSP at the time of online submittal.

3. Subsequent SWPPP amendments, if any, and the related notifications.

4. Written non-compliance notifications.

1.5 QUALITY ASSURANCE A. General:

1. Comply with the requirements specified herein and the applicable reference Specifications of the General Requirements and Specification section 01430, Quality Assurance and Quality Control.

2. The SWPPP and all SWPPP amendments, inspection checklists, and all regulatory paperwork shall be kept at the construction site at all times and made available upon request for audit by the ENGINEER and/or INSPECTORS of regulatory authorities having jurisdiction.

3. CONTRACTOR Qualifications:

a. Comply with the requirements for the certifications, licenses, training, skills, experience, and other qualifications specified in Part 1, Article entitled “Description” and Part 3, Article entitled “General” of this Specification.

PART 2 – MATERIALS (NOT USED)

PART 3 – EXECUTION

3.1 GENERAL

A. The CONTRACTOR shall not break ground under any circumstances until the

SWPPP has been approved and OCSD has obtained the General Construction Permit.

B. The CONTRACTOR shall employ a Qualified SWPPP Practitioner (QSP) located on- site to implement and manage the OCSD-approved SWPPP and, if any, subsequent SWPPP amendments. The CONTRACTOR shall be responsible for compliance with the SWPPP by CONTRACTOR’s and Subcontractors’ personnel.

C. The CONTRACTOR’s SWPPP implementation shall also include the installation, maintenance, and removal of temporary Best Management Practices specified in the SWPPP until and through the completion of the Project and/or as directed by the ENGINEER.

D. The CONTRACTOR shall be familiar with all the requirements contained in the

General Construction Permit and SWPPP.

E. The CONTRACTOR shall develop and maintain inspection checklists to ensure compliance with the SWPPP.

F. The original QSD, unless another QSD is accepted by the ENGINEER, shall amend the SWPPP whenever there is a change in BMP selection due to changes in construction or operations or for any other reason which may affect the discharge of pollutants off the OCSD’s property to surface waters, groundwaters, and/or a municipal storm sewer system. The SWPPP shall be amended regularly to ensure that sufficient BMPs are being evaluated, selected and implemented, and that the CONTRACTOR maintains its compliance. The CONTRACTOR shall notify the ENGINEER of any such changes to the SWPPP. In addition, the CONTACTOR shall obtain ENGINEER’s written acceptance for each BMP removal.

G. The CONTRACTOR shall actively follow changes in stormwater-related regulations. If a regulatory change occurs at any time during the Contract, the CONTRACTOR’s original QSD, unless another QSD is accepted by the ENGINEER, shall do the following in order to comply with the regulatory change and the mandated compliance deadline(s);

1. Initiate a preliminary discussion with the ENGINEER regarding the impact on the

SWPPP.

2. Prepare a revised SWPPP or, at ENGINEER’s sole discretion, an SWPPP

amendment.

3. Notify the ENGINEER in writing regarding the SWPPP changes: include a summary of the changes and the CONTRACTOR-proposed associated implementation timeline.

4. Perform the following if directed by the ENGINEER:

a. Obtain OCSD’s written acceptance of the revised/amended SWPPP in the form of OCSD acceptance signature on the amended SWPPP certification sheet.

b. Upload the revised/amended SWPPP documentation to SMARTS.

5. Implement the revised/amended SWPPP by the mandated compliance deadline(s).

3.2 MONITORING PROGRAM

A. The CONTRACTOR shall implement the MP and shall be responsible for monitoring the actions and the activities of those responsible to the CONTRACTOR.

B. For general construction projects of Risk Levels 2 and 3 and for linear underground/overhead projects (LUP) of Project Types 2 and 3, the General Construction permit requires a Monitoring Program to be developed as outlined in the permit.

C. For general construction projects of Risk Level 1 and for linear underground/overhead projects (LUP) of Project Type 1, the General Construction permit requires a Monitoring Program to be developed for non-visible pollutants only.

D. The number of the monitoring stations and samples required shall be determined as part of the MP.

E. The CONTRACTOR shall include in the Base Bid Amount the price of at least three

(3) samples collected, analyzed and reported.

F. The CONTRACTOR shall allow the personnel of OCSD, ENGINEER, RWQCB, local and/or other regulatory agencies to enter upon the construction site at any time to inspect the construction site for compliance, and sample and monitor construction site discharges.

G. The MP may extend past the completion date for this Contract. The CONTRACTOR’s responsibilities for the MP shall continue through post-construction activities and acceptance of the Notice of Termination.

3.3 DUTY TO COMPLY

A. The CONTRACTOR shall comply with all conditions identified in the General Construction Permit, and laws and regulations of the jurisdictions listed elsewhere in this Specification.

B. Non-adherence with the conditions specified in the General Construction Permit may constitute a violation of the Clean Water Act and the Porter-Cologne Water Quality Control Act, and may be grounds for enforcement action by the RWQCB and/or local regulators. OCSD shall be reimbursed by the CONTRACTOR for the fines and other associated costs incurred by OCSD due to the CONTRACTOR’s lack of compliance with the SWPPP. Lack of compliance as determined by OCSD and/or ENGINEER will cause the ENGINEER to issue a written Notice of Non-Compliance to the CONTRACTOR.

C. The CONTRACTOR shall take all reasonable steps to minimize and prevent any violation of the General Construction Permit and/or ordinances of the local jurisdictions listed elsewhere in this Specification section.

3.4 COMPLIANCE CERTIFICATION

A. An officer or other authorized representative of the CONTRACTOR shall certify in writing to the ENGINEER monthly and annually, and at the completion of construction if it occurs before the next annual report, that its construction activity is and has been in compliance or has been modified to comply with the requirements of the General Construction Permit and ordinances of the local jurisdictions listed elsewhere in this Specification section.

B. If the CONTRACTOR determines that it cannot certify compliance with the General Construction Permit, ordinances of the local jurisdictions, and/or the SWPPP requirements, the CONTRACTOR shall notify the ENGINEER immediately. The notification shall identify the type of non-compliance, describe the actions necessary to achieve compliance, and include a time schedule when compliance will be achieved. A written non-compliance notification for each such event shall be submitted within 15 days of identification of the event by the CONTRACTOR.