CPESC Regulatory Compliance & Environmental Laws 3 — Questions and Answers
Question 1: A SWPPP must be developed and implemented before land disturbance begins on a project exceeding one acre. Who is legally responsible for certifying the SWPPP?
- The licensed professional engineer who designed the erosion controls
- The permitted operator or an authorized representative (Correct answer)
- The state environmental agency reviewer
- The local municipality's stormwater coordinator
Correct answer: The permitted operator or an authorized representative
The permitted operator (owner/developer or general contractor) or their authorized representative must sign and certify the SWPPP, accepting legal responsibility for compliance.
Question 2: Under the Construction General Permit, a 'qualified inspector' conducting site inspections must document findings using what minimum standard?
- A verbal report to the site superintendent
- Written inspection reports retained on-site for at least 3 years (Correct answer)
- Photographs submitted to the permitting agency monthly
- An electronic report filed with EPA within 24 hours
Correct answer: Written inspection reports retained on-site for at least 3 years
The CGP requires written inspection reports that must be retained on-site (or readily accessible) for at least three years after permit termination.
Question 3: The 'anti-degradation' policy under the Clean Water Act primarily serves to:
- Set maximum allowable sediment loads for all construction sites
- Protect existing water quality and uses, especially in high-quality waters (Correct answer)
- Require zero discharge from all construction activities
- Mandate stormwater recycling on sites larger than 5 acres
Correct answer: Protect existing water quality and uses, especially in high-quality waters
The anti-degradation policy protects existing water quality from further degradation, with special protections for Tier 2 and Tier 3 (Outstanding National Resource) waters.
Question 4: When a construction site is located within a coastal zone, what additional federal coordination may be required beyond the standard NPDES permit?
- Coastal Zone Management Act (CZMA) federal consistency review (Correct answer)
- Safe Drinking Water Act Underground Injection Control permit
- Oil Pollution Act (OPA) spill response plan
- Marine Mammal Protection Act consultation
Correct answer: Coastal Zone Management Act (CZMA) federal consistency review
Federal actions and federally permitted activities within or affecting a state's coastal zone must be reviewed for consistency with the state's approved Coastal Zone Management Program under CZMA.
Question 5: A construction project disturbs 3.5 acres and discharges to a 303(d)-listed impaired water body. Under the EPA CGP, this project is classified as:
- A low-risk project with reduced inspection frequency
- A high-risk project requiring site-specific non-numeric effluent limits
- A Category 2 site requiring benchmark monitoring (Correct answer)
- Exempt from permit requirements due to project size
Correct answer: A Category 2 site requiring benchmark monitoring
Under the 2017 EPA CGP, sites discharging to 303(d)-impaired waters are Category 2 sites that trigger additional requirements including benchmark monitoring for relevant pollutants.
Question 6: Which regulation requires construction contractors to submit a Notice of Intent (NOI) before beginning land-disturbing activities covered under a Construction General Permit?
- 40 CFR Part 122 (NPDES Permit Regulations) (Correct answer)
- 40 CFR Part 230 (Section 404(b)(1) Guidelines)
- 40 CFR Part 260 (Hazardous Waste Management)
- 40 CFR Part 311 (Worker Protection Standards)
Correct answer: 40 CFR Part 122 (NPDES Permit Regulations)
40 CFR Part 122 governs NPDES permit applications and requires operators to submit an NOI to gain coverage under a general permit before disturbing land.
Question 7: Under the Resource Conservation and Recovery Act (RCRA), construction site waste such as concrete washout water is classified as:
- Hazardous waste requiring manifest and disposal at licensed facilities
- Solid waste that must be managed to prevent discharges to waters (Correct answer)
- Exempt from RCRA if generated in quantities below 1,000 kg/month
- Universal waste subject to streamlined management standards
Correct answer: Solid waste that must be managed to prevent discharges to waters
Concrete washout water is a solid waste under RCRA and must be managed to prevent discharges to stormwater conveyances or waters of the US.
CPESC Regulatory Compliance & Environmental Laws 3
A SWPPP must be developed and implemented before land disturbance begins on a project exceeding one acre.
Who is legally responsible for certifying the SWPPP?