CESSWI Regulations and Compliance 5 — Questions and Answers
Question 1: Under most state MS4 permits, what minimum level of permanent vegetation cover is typically required before a disturbed area is considered 'finally stabilized' and permit coverage can be terminated?
- 25% uniform vegetative cover
- 50% uniform vegetative cover
- 70% uniform vegetative cover (Correct answer)
- 100% complete vegetative cover with no bare areas
Correct answer: 70% uniform vegetative cover
Most permits define final stabilization as achieving at least 70% uniform perennial vegetative cover, or equivalent stabilization methods.
Question 2: A construction site inspection reveals that the SWPPP has not been updated to reflect a design change that relocated the site's primary sediment basin. Which regulatory provision does this most directly violate?
- The requirement to maintain the SWPPP as an accurate, current document reflecting actual site conditions (Correct answer)
- The requirement to file an amended NOI whenever site plans change
- The prohibition against relocating BMPs without state engineering approval
- The requirement to submit monthly Discharge Monitoring Reports to EPA
Correct answer: The requirement to maintain the SWPPP as an accurate, current document reflecting actual site conditions
Permit conditions require that the SWPPP be kept current and reflect actual BMP locations and site conditions throughout construction.
Question 3: Which federal law establishes the framework for protecting wetlands adjacent to construction sites and requires mitigation for unavoidable impacts?
- The Resource Conservation and Recovery Act (RCRA)
- The Clean Water Act Section 404 and associated regulatory guidance (Correct answer)
- The National Historic Preservation Act (NHPA)
- The Safe Drinking Water Act (SDWA)
Correct answer: The Clean Water Act Section 404 and associated regulatory guidance
CWA Section 404 requires USACE permits for wetland fill and mandates mitigation (avoid, minimize, compensate) for unavoidable wetland impacts.
Question 4: What is the role of an Erosion and Sediment Control (ESC) plan in the context of regulatory compliance for construction projects?
- It replaces the SWPPP and satisfies all NPDES permit conditions
- It documents site-specific BMPs for controlling erosion and sediment, often required by local ordinance and incorporated into the SWPPP (Correct answer)
- It is only required for projects disturbing more than 50 acres under federal law
- It must be prepared exclusively by a licensed geotechnical engineer
Correct answer: It documents site-specific BMPs for controlling erosion and sediment, often required by local ordinance and incorporated into the SWPPP
ESC plans document erosion and sediment control measures required by local authorities and are typically incorporated as part of the site's SWPPP.
Question 5: A CESSWI inspector reviewing site records finds that corrective actions identified in a previous inspection were not implemented within the required timeframe. How should this be documented?
- The prior inspection record should be amended to remove the uncorrected finding
- A new inspection report should note the repeat finding and the failure to correct within the required period (Correct answer)
- The inspector should verbally notify the operator and take no further action
- The site should automatically be issued a stop-work order by the inspector
Correct answer: A new inspection report should note the repeat finding and the failure to correct within the required period
Repeat or unresolved findings must be documented in subsequent inspection reports as ongoing violations, creating an accurate compliance record.
Question 6: Which of the following best describes the 'common plan of development or sale' concept as it applies to NPDES construction stormwater thresholds?
- It allows multiple small sites to share a single SWPPP if they are within 1 mile of each other
- It aggregates contiguous or nearby parcels developed under a common plan to determine whether the 1-acre permit threshold is met (Correct answer)
- It exempts residential subdivisions from NPDES requirements if individual lots are under 1 acre
- It applies only to commercial development projects, not residential construction
Correct answer: It aggregates contiguous or nearby parcels developed under a common plan to determine whether the 1-acre permit threshold is met
Related parcels developed under a common plan are aggregated to determine total disturbance area, even if individual phases are under 1 acre.
Question 7: Under EPA enforcement authority, which type of penalty can be assessed for each day a construction site is in violation of its NPDES stormwater permit?
- Only criminal fines; civil penalties require a court order
- Civil administrative penalties of up to $25,000 per day of violation (Correct answer)
- Fines limited to the cost of installing missing BMPs
- No monetary penalties; only injunctive relief is available under the CWA
Correct answer: Civil administrative penalties of up to $25,000 per day of violation
EPA can assess civil administrative penalties of up to $25,000 per day per violation for NPDES permit noncompliance under CWA Section 309.
CESSWI Regulations and Compliance 5
Under most state MS4 permits, what minimum level of permanent vegetation cover is typically required before a disturbed area is considered 'finally stabilized' and permit coverage can be terminated?