CESSWI Regulatory Compliance & Reporting 5 — Questions and Answers
Question 1: Which federal agency has primary authority for enforcing NPDES stormwater permit requirements in states without an authorized NPDES program?
- Army Corps of Engineers
- Federal Highway Administration
- Environmental Protection Agency (Correct answer)
- Department of Interior
Correct answer: Environmental Protection Agency
In states that lack EPA-authorized NPDES programs, the EPA directly administers and enforces stormwater permit requirements.
Question 2: A CESSWI inspector identifies unauthorized turbid discharges leaving a site after a storm. Under the Clean Water Act, what is the maximum civil penalty per day of violation that EPA can assess?
- $5,000 per day
- $10,000 per day
- Up to $25,000 per day (or higher with adjustments for inflation) (Correct answer)
- $100,000 per day
Correct answer: Up to $25,000 per day (or higher with adjustments for inflation)
The Clean Water Act authorizes civil penalties of up to $25,000 per day per violation, with amounts adjusted for inflation under civil monetary penalty laws.
Question 3: What is the role of an 'operator' under the NPDES Construction General Permit?
- An operator is only the heavy equipment contractor on site
- Any entity with operational control over construction plans or day-to-day activities that could result in a discharge (Correct answer)
- The local municipal stormwater authority
- The licensed engineer who sealed the grading plan
Correct answer: Any entity with operational control over construction plans or day-to-day activities that could result in a discharge
Under the NPDES CGP, an operator is any person or entity with operational control over the construction site plans or day-to-day activities that could lead to a stormwater discharge.
Question 4: A site's SWPPP must be amended when which of the following conditions occurs?
- The project superintendent changes
- There is an ineffective BMP, a change in site conditions, or new information requiring revised pollution controls (Correct answer)
- The project timeline is extended by 30 days
- A new subcontractor is awarded a supply-only contract
Correct answer: There is an ineffective BMP, a change in site conditions, or new information requiring revised pollution controls
SWPPPs must be amended when BMP deficiencies are found, site conditions change, or new information reveals that existing controls are insufficient.
Question 5: What does the term 'Effluent Limitation Guideline (ELG)' refer to in the context of stormwater regulation?
- A state-specific discharge limit based on local water quality
- A technology-based regulation setting performance standards for pollutant discharge from specific industrial categories (Correct answer)
- A voluntary best management practice guideline issued by EPA
- A numeric limit applied only to municipal separate storm sewer systems
Correct answer: A technology-based regulation setting performance standards for pollutant discharge from specific industrial categories
Effluent Limitation Guidelines are nationally uniform, technology-based standards that EPA establishes for categories of industrial dischargers, including construction activity.
Question 6: Which section of the Clean Water Act authorizes EPA to issue NPDES permits for stormwater discharges?
- Section 208
- Section 303
- Section 402 (Correct answer)
- Section 404
Correct answer: Section 402
Clean Water Act Section 402 established the National Pollutant Discharge Elimination System (NPDES) permit program, under which stormwater permits are issued.
Question 7: An inspector finds that a construction site has caused a visible sheen of petroleum on an adjacent creek. Beyond NPDES requirements, which additional federal regulation may apply?
- Safe Drinking Water Act Section 1412
- CERCLA Section 103 and Oil Pollution Act spill reporting requirements (Correct answer)
- RCRA Subtitle D solid waste regulations
- Clean Air Act Title V permit requirements
Correct answer: CERCLA Section 103 and Oil Pollution Act spill reporting requirements
A petroleum sheen on navigable waters may trigger spill reporting obligations under the Oil Pollution Act and CERCLA Section 103 in addition to Clean Water Act violations.
CESSWI Regulatory Compliance & Reporting 5
Which federal agency has primary authority for enforcing NPDES stormwater permit requirements in states without an authorized NPDES program?