CPESC Permit Requirements 5 — Questions and Answers
Question 1: Which section of the Clean Water Act prohibits the discharge of pollutants from a point source to waters of the United States without a permit?
- Section 303
- Section 319
- Section 301 (Correct answer)
- Section 404
Correct answer: Section 301
Clean Water Act Section 301 establishes the general prohibition on discharging pollutants from a point source to waters of the U.S. without an NPDES permit.
Question 2: What penalty can EPA or a state agency impose for each day of a continuing NPDES permit violation?
- Up to $1,000 per day
- Up to $10,000 per day
- Up to $25,000 per day or more depending on violation type (Correct answer)
- Up to $100 per day for minor violations
Correct answer: Up to $25,000 per day or more depending on violation type
Civil penalties under the Clean Water Act can reach up to $25,000 per day per violation, with higher amounts possible for knowing or willful violations.
Question 3: A CPESC notices that a subcontractor has disturbed an additional 0.5 acres not shown on the SWPPP site map. What is the correct action?
- Document the finding but take no further action until the next scheduled inspection
- Update the SWPPP to reflect the additional disturbed area and install appropriate BMPs (Correct answer)
- Notify OSHA immediately as this is a safety violation
- Issue a stop-work order without consulting the permit holder
Correct answer: Update the SWPPP to reflect the additional disturbed area and install appropriate BMPs
The SWPPP must be updated to reflect all disturbed areas and appropriate BMPs must be installed to maintain permit compliance.
Question 4: What does the term 'qualified personnel' mean in the context of NPDES construction site inspections?
- Any licensed professional engineer regardless of erosion control knowledge
- Someone knowledgeable in the principles of erosion and sediment control who can assess BMP effectiveness (Correct answer)
- Only a CPESC or PE with a state environmental license
- Any site employee who has completed a 1-hour safety course
Correct answer: Someone knowledgeable in the principles of erosion and sediment control who can assess BMP effectiveness
Qualified personnel must have demonstrated knowledge of stormwater pollution prevention and the ability to evaluate BMP effectiveness and site conditions.
Question 5: Which of the following best describes a 'discharge authorization' under an NPDES Construction General Permit?
- Permission to grade on slopes steeper than 3:1
- Legal authorization allowing stormwater discharges from the construction site in compliance with permit conditions (Correct answer)
- A waiver from installing sediment basins
- Approval to discharge concrete washout water to a storm drain
Correct answer: Legal authorization allowing stormwater discharges from the construction site in compliance with permit conditions
Discharge authorization under a Construction General Permit legally allows stormwater discharges from the site provided all permit conditions including SWPPP implementation are met.
Question 6: In which scenario would a construction project be required to obtain an Individual NPDES permit rather than using the General Permit?
- The project disturbs exactly 1 acre
- The permitting authority determines the project poses a unique risk not adequately covered by the general permit (Correct answer)
- The project is located in a rural area
- The project duration exceeds 2 years
Correct answer: The permitting authority determines the project poses a unique risk not adequately covered by the general permit
Permitting authorities can require an individual permit when a project's specific conditions, sensitivity, or risks are not adequately addressed by the general permit's standard conditions.
Question 7: What is the significance of a 'TMDL' (Total Maximum Daily Load) to construction site NPDES permitting?
- It sets limits on the total area of land that can be disturbed per day
- It establishes water quality-based effluent limits that may require more stringent BMP requirements in impaired watersheds (Correct answer)
- It determines the maximum number of vehicles allowed on a construction site
- It is only relevant to industrial stormwater permits, not construction
Correct answer: It establishes water quality-based effluent limits that may require more stringent BMP requirements in impaired watersheds
TMDLs establish pollutant loading limits for impaired water bodies, which can trigger more stringent permit conditions for construction sites discharging to those waters.
Which section of the Clean Water Act prohibits the discharge of pollutants from a point source to waters of the United States without a permit?