CESSWI Regulations and Compliance 3 — Questions and Answers
Question 1: Under the CWA, 'waters of the United States' (WOTUS) is important because it defines the geographic scope of which regulatory program?
- Federal floodplain management under NFIP
- NPDES permit jurisdiction and Section 404 wetland permits (Correct answer)
- State drinking water source protection programs
- OSHA construction site safety regulations
Correct answer: NPDES permit jurisdiction and Section 404 wetland permits
WOTUS defines which water bodies fall under federal CWA jurisdiction, triggering NPDES and Section 404 permit requirements.
Question 2: A contractor installs a concrete washout area on-site without any liner. Which regulatory concern does this most directly trigger?
- Violation of OSHA hazard communication standards
- Potential unpermitted discharge of pH-elevated wastewater to stormwater (Correct answer)
- Violation of local solid waste disposal ordinances only
- Noncompliance with FEMA floodplain development regulations
Correct answer: Potential unpermitted discharge of pH-elevated wastewater to stormwater
Unlined concrete washouts can leach alkaline wastewater into stormwater, constituting an unpermitted pollutant discharge under NPDES.
Question 3: Section 404 of the Clean Water Act requires a permit from the U.S. Army Corps of Engineers (USACE) for which activity?
- Stormwater discharges from construction sites exceeding 1 acre
- Discharge of dredged or fill material into waters of the United States (Correct answer)
- Installation of sediment basins on upland areas
- Grading and grubbing activities more than 50 feet from a waterway
Correct answer: Discharge of dredged or fill material into waters of the United States
Section 404 permits issued by USACE are required for discharging dredged or fill material into jurisdictional waters and wetlands.
Question 4: What does a Total Maximum Daily Load (TMDL) establish for an impaired water body?
- The maximum volume of stormwater that can be discharged daily
- The maximum amount of a pollutant a water body can receive and still meet water quality standards (Correct answer)
- The required frequency of stormwater monitoring at construction sites
- The minimum buffer distance required between construction and waterways
Correct answer: The maximum amount of a pollutant a water body can receive and still meet water quality standards
A TMDL sets the maximum pollutant load a water body can assimilate while still meeting applicable water quality standards.
Question 5: A CESSWI inspector discovers that a permitted construction site is discharging turbid stormwater directly to a stream without functional BMPs. What is the most appropriate immediate action?
- Issue an immediate stop-work order under federal authority
- Document the violation, notify the site operator, and report to the permitting authority (Correct answer)
- Contact FEMA to activate the National Flood Insurance Program
- Require the contractor to halt all work until EPA provides written guidance
Correct answer: Document the violation, notify the site operator, and report to the permitting authority
Inspectors document noncompliance and notify operators and the regulatory authority; federal enforcement authority rests with the permitting agency, not the inspector.
Question 6: Which federal agency has primary enforcement authority for NPDES violations at construction sites in states without authorized NPDES programs?
- U.S. Army Corps of Engineers
- Federal Emergency Management Agency (FEMA)
- U.S. Environmental Protection Agency (EPA) (Correct answer)
- U.S. Department of Agriculture Natural Resources Conservation Service
Correct answer: U.S. Environmental Protection Agency (EPA)
EPA retains direct NPDES enforcement authority in states that have not received EPA authorization to administer their own permit programs.
Question 7: Under the EPA Construction General Permit, which of the following pollutants from construction sites requires specific BMP controls beyond sediment?
- Carbon dioxide from equipment exhaust
- Concrete washout, paint, and fuel stored on site (Correct answer)
- Noise from grading equipment
- Dust from unpaved access roads in arid regions
Correct answer: Concrete washout, paint, and fuel stored on site
The CGP requires BMPs to address non-sediment pollutants including concrete washout, fuels, oils, paints, and other chemicals stored or used on site.
CESSWI Regulations and Compliance 3
Under the CWA, 'waters of the United States' (WOTUS) is important because it defines the geographic scope of which regulatory program?