CPESC Regulatory Compliance & Environmental Laws 2 — Questions and Answers
Question 1: Under the Clean Water Act Section 402, which permit program specifically governs stormwater discharges from construction sites?
- NPDES Construction General Permit (Correct answer)
- Section 404 Individual Permit
- Army Corps Nationwide Permit 14
- State Water Quality Certification
Correct answer: NPDES Construction General Permit
The NPDES Construction General Permit (CGP) under CWA Section 402 regulates stormwater discharges from construction sites disturbing one or more acres.
Question 2: A construction site operator receives a Notice of Violation (NOV) from the state environmental agency. What is the operator's most immediate required action?
- Cease all construction activities immediately
- Respond within the timeframe specified in the NOV and implement corrective measures (Correct answer)
- Appeal the NOV to the EPA Regional Administrator
- Submit a new permit application within 30 days
Correct answer: Respond within the timeframe specified in the NOV and implement corrective measures
Upon receiving an NOV, operators must respond by the deadline stated in the notice and begin corrective actions to address the violations cited.
Question 3: Which federal act requires evaluation of potential impacts to wetlands before a Section 404 permit is issued for fill material placement?
- National Environmental Policy Act (NEPA) (Correct answer)
- Clean Water Act Section 402
- Rivers and Harbors Act of 1899
- Coastal Zone Management Act
Correct answer: National Environmental Policy Act (NEPA)
NEPA requires environmental impact assessments for federal actions, including the issuance of Section 404 permits by the Army Corps of Engineers.
Question 4: The EPA's 'effluent limitation guideline' for construction sites under 40 CFR Part 450 sets a numeric turbidity limit for sites discharging to what type of water bodies?
- All navigable waters
- Only rivers and streams
- Waters with applicable water quality standards where technically feasible (Correct answer)
- Only lakes and reservoirs
Correct answer: Waters with applicable water quality standards where technically feasible
The 2009 Construction and Development Effluent Guidelines require numeric turbidity limits for discharges to water bodies with applicable water quality standards where technically feasible.
Question 5: Under the Endangered Species Act (ESA), a construction project that may affect a listed species must consult with which agency?
- EPA Office of Water
- U.S. Fish and Wildlife Service or NOAA Fisheries (Correct answer)
- Army Corps of Engineers
- State Department of Natural Resources
Correct answer: U.S. Fish and Wildlife Service or NOAA Fisheries
Section 7 consultation under the ESA requires federal agencies and permit applicants to consult with USFWS (terrestrial species) or NOAA Fisheries (marine species) when a project may affect listed species.
Question 6: A contractor discovers an inadvertent discharge of sediment-laden water to a jurisdictional wetland. Under most state NPDES programs, this must be reported to the regulatory agency within:
- 24 hours of discovery (Correct answer)
- 5 business days of discovery
- 30 days of discovery
- Only at the next scheduled inspection
Correct answer: 24 hours of discovery
Most NPDES permits and state regulations require immediate notification (within 24 hours) for unanticipated discharges to wetlands or waters of the US.
Question 7: Which provision of the Clean Water Act establishes the requirement for states to develop water quality standards that protect designated uses of water bodies?
- Section 303 (Correct answer)
- Section 401
- Section 402
- Section 404
Correct answer: Section 303
CWA Section 303 requires states to develop and adopt water quality standards including designated uses and water quality criteria to protect those uses.
CPESC Regulatory Compliance & Environmental Laws 2
Under the Clean Water Act Section 402, which permit program specifically governs stormwater discharges from construction sites?