CESSWI Regulations and Compliance 4 — Questions and Answers
Question 1: A state requires that construction sites implement post-construction stormwater controls as a condition of local land development approval. This requirement is most directly associated with which federal mandate?
- NPDES Phase II stormwater rules requiring local MS4 programs to include post-construction standards (Correct answer)
- Section 404 wetland mitigation banking regulations
- The National Environmental Policy Act (NEPA) environmental review process
- The Endangered Species Act Section 7 consultation requirements
Correct answer: NPDES Phase II stormwater rules requiring local MS4 programs to include post-construction standards
Phase II NPDES rules require Municipal Separate Storm Sewer System (MS4) programs to establish post-construction stormwater management standards for new development.
Question 2: Which document must a construction operator file BEFORE earth disturbance begins at a site requiring NPDES permit coverage?
- Notice of Termination (NOT)
- Notice of Intent (NOI) (Correct answer)
- Discharge Monitoring Report (DMR)
- Environmental Impact Statement (EIS)
Correct answer: Notice of Intent (NOI)
Operators must file a Notice of Intent (NOI) to be covered under the Construction General Permit before disturbing any earth.
Question 3: Under most state construction general permits, what is the maximum allowable turbidity or visual benchmark that inspectors use to evaluate whether a BMP is functioning effectively?
- Discharge must be completely clear with zero suspended solids
- Discharge must not cause a visible sheen, foam, or floating solids in receiving waters
- Discharge must not cause a discernible change in the color or clarity of the receiving water (Correct answer)
- Discharge turbidity must not exceed 5 NTU above background levels
Correct answer: Discharge must not cause a discernible change in the color or clarity of the receiving water
Many permits use narrative standards prohibiting discharges that cause a discernible change in color or clarity of receiving waters as the visual benchmark.
Question 4: When multiple operators share responsibility on a single construction site under a Construction General Permit, how is permit responsibility typically allocated?
- Only the general contractor holds permit responsibility; subcontractors are exempt
- Each operator with operational control over a portion of the site may need separate or co-permittee coverage (Correct answer)
- The landowner always holds sole permit responsibility regardless of who performs work
- Permit responsibility automatically transfers to whoever installs the sediment controls
Correct answer: Each operator with operational control over a portion of the site may need separate or co-permittee coverage
Operators with day-to-day operational control over site activities may each require permit coverage or be named as co-permittees.
Question 5: A construction site inspector finds that rain gauge records show a 0.3-inch storm occurred 20 hours ago, but no post-storm BMP inspection was conducted. Under the EPA CGP, this is a violation because:
- Inspections are required within 24 hours of any rain event regardless of amount
- Inspections are required within 24 hours of a storm producing 0.25 inches or more of rainfall (Correct answer)
- All inspections must be completed before any storm event is forecast
- Post-storm inspections are only required after storms exceeding 1 inch
Correct answer: Inspections are required within 24 hours of a storm producing 0.25 inches or more of rainfall
The EPA CGP requires inspections within 24 hours of a storm event that produces 0.25 inches or more of rainfall.
Question 6: Which of the following best describes an 'operator' as defined under NPDES construction stormwater regulations?
- Any subcontractor performing earthwork activities on the project
- Any entity with operational control over daily activities or the ability to modify plans/specifications (Correct answer)
- The licensed engineer who stamps the SWPPP drawings
- The municipality issuing the grading permit for the project
Correct answer: Any entity with operational control over daily activities or the ability to modify plans/specifications
An 'operator' is any entity that has operational control over construction activities or control over the project's plans and specifications.
Question 7: A linear construction project (pipeline) crosses through three states. Which NPDES permits are required?
- A single federal NPDES permit from EPA covers the entire linear project
- Separate NPDES permit coverage is required in each state where earth disturbance occurs (Correct answer)
- Only one permit from the state where the project originates is needed
- Linear projects are exempt from NPDES requirements regardless of disturbed acreage
Correct answer: Separate NPDES permit coverage is required in each state where earth disturbance occurs
NPDES permit coverage must be obtained in each state where land disturbance occurs, as each state (or EPA for unauthorized states) has its own jurisdiction.
CESSWI Regulations and Compliance 4
A state requires that construction sites implement post-construction stormwater controls as a condition of local land development approval.
This requirement is most directly associated with which federal mandate?