Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
CHAPTER
THREE
DESCRIPTION
OF
PROPOSED
RULE
AND
REGULATORY
OPTIONS
Chapter
One
provides
a
summary
of
the
Phase
I
and
Phase
II
National
Pollutant
Discharge
Elimination
System
(
NPDES)
Storm
Water
Regulations
and
the
Construction
General
Permit
(
CGP)
for
the
construction
industry.
This
chapter
describes
the
effluent
limitation
guidelines
and
standards
program
(
Section
3.1)
,
the
technology
alternatives
for
the
proposed
effluent
limitation
guidelines
(
Section
3.2)
,
and
the
regulatory
options
that
EPA
is
proposing
for
the
C&
D
industry
(
Section
3.3)
.

3.1
EFFLUENT
LIMITATION
GUIDELINES
AND
STANDARDS
The
Federal
Water
Pollution
Control
Act,
passed
in
1972
(
CWA,
33
U.
S.
C.
§
1251
et
seq.
)
,

establishes
a
comprehensive
program
to
 
restore
and
maintain
the
chemical,
physical,
and
biological
integrity
of
the
Nation'
s
waters
 
(
(
§
101(
a)
)
,
often
referred
to
as
 
fishable,
swimmable
 
status.
.
The
statute
was
amended
in
1987
to
include
requirements
for
a
comprehensive
program
to
address
storm
water
discharges.
Moreover,
EPA
is
authorized
under
section
301,
304,
306,
and
307
of
the
CWA
to
establish
effluent
limitation
guidelines
and
pretreatment
standards
for
industrial
dischargers.
EPA
is
authorized
to
publish
the
following
standards:

#
Best
Practicable
Control
Technology
Currently
Available
(
BPT)
.
Under
section
304(
b)
(
1)
,
these
rules
apply
to
direct
dischargers.
BPT
limitations
are
generally
based
on
the
average
of
the
best
existing
performances
by
plants
of
various
sizes,
ages,
and
unit
processes
within
a
point
source
category
or
subcategory.

#
Best
Available
Technology
Economically
Achievable
(
BAT)
.
Under
section
304(
b)
(
2)
,
these
rules
apply
to
direct
discharges
of
toxic
and
nonconventional
1
pollutants.

1
Toxic
pollutants
are
listed
in
Table
1
of
U.
S.
C
1317
Section
307(
a)
(
1)
and
currently
include
64
pollutants
and
their
organic
and
inorganic
compounds.
This
list
includes
arsenic,
DDT,
lead,
and
mercury.
Nonconventional
pollutants
are
any
pollutants
that
are
not
statutorily
listed
(
not
covered
by
the
list
of
toxic
or
conventional
pollutants)
or
which
are
poorly
understood
by
the
scientific
community.

3­
1
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
#
Best
Conventional
Pollutant
Control
Technology
(
BCT)
.
Under
section
304(
b)
(
4)
,
these
rules
apply
to
direct
discharges
of
conventional
pollutants.
2
BCT
limitations
are
generally
established
using
a
two­
part
cost­
reasonableness
test.
BCT
replaces
BAT
for
control
of
conventional
pollutants.

#
Pretreatment
Standards
for
Existing
Sources
(
PSES)
.
Under
section
307.
Analogous
to
BAT
controls,
these
rules
apply
to
existing
indirect
dischargers
(
i.
e.
,
dischargers
to
publicly
owned
treatment
works
(
POTWs)
.

#
New
Source
Performance
Standards
(
NSPS)
.
Under
section
306(
b)
,
these
rules
apply
to
discharges
of
toxic
and
nonconventional
pollutants
and
apply
to
new
direct
dischargers.

#
Pretreatment
Standards
for
New
Sources
(
PSNS)
.
Under
section
307.
Analogous
to
NSPS
controls,
these
rules
apply
to
new
source
indirect
dischargers
(
i.
e.
,
dischargers
to
publicly
owned
treatment
works
(
POTWs)
.

Under
the
proposed
effluent
limitation
guidelines
(
ELG)
,
EPA
is
proposing
BAT,
BPT,
BCT
and
NSPS
guidelines
and
standards
for
erosion
and
sediment
control
(
ESC)
during
the
active
construction
phase.

3.2
REQUIREMENTS
UNDER
THE
EXISTING
CONSTRUCTION
GENERAL
PERMIT
The
CGP,
published
in
1992
and
revised
in
1998,
directs
NPDES
permittees
to
prepare
a
storm
water
pollution
prevention
plan
(
SWPPP)
for
certain
construction
activities.
The
CGP
also
calls
for
installation
of
temporary
sediment
basins
for
construction
sites
with
disturbed
area
of
10
acres
or
more.

The
permit
lists
a
variety
of
options
and
goals
for
other
ESCs,
but
none
are
required.
A
description
of
ESCs,
if
any,
is
to
be
contained
in
the
SWPPP.
Options
and
goals
for
post­
construction
storm
water
best
management
practices
(
BMPs)
are
also
contained
in
the
CGP,
but
none
are
required.
As
with
ESCs,

selected
BMPs,
if
any,
are
to
be
described
in
the
SWPPP.

The
C&
D
industry
ELG
would
build
upon
and
complement
the
CGP
by
adding
inspection
and
certification
(
I&
C)
requirements
for
active
construction
ESCs.
As
described
below,
under
one
option
2
Conventional
pollutants
include
biochemical
oxygen
demand
(
BOD)
,
total
suspended
solids
(
TSS)
,
fecal
coliform,
pH,
and
oil
and
grease.

3­
2
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
EPA
would
add
the
I&
C
requirements
for
sites
of
one
acre
or
more
in
size,
while
under
another
option
the
I&
C
requirements
would
apply
to
sites
of
5
acres
and
above.
This
second
option
would
also
codify
in
the
Code
of
Federal
Regulations
(
CFR)
the
requirements
found
in
the
CGP.
These
options
are
described
more
fully
below.

3.3
SUMMARY
OF
REGULATORY
OPTIONS/
TECHNOLOGY
ALTERNATIVES
EPA
is
co­
proposing
two
regulatory
alternatives,
along
with
a
 
no
regulation
 
option,
,
for
a
total
of
three
regulatory
options.
EPA
has
defined
the
baseline
for
the
proposed
rule
as
full
compliance
with
the
current
Phase
I
NPDES
storm
water
regulations
and
the
future
Phase
II
regulations.
If
any
additional
costs
are
incurred
by
dischargers
under
the
existing
storm
water
regulations
the
costs
will
be
added
to
the
baseline
assumption.
Table
3­
1
summarizes
the
regulatory
options.
Throughout
the
analysis
presented
in
this
report,
EPA
treats
the
baseline
as
 
Option
3.
 
Table
3­
1.
Summary
of
Regulatory
Options
Being
Co­
Proposed
by
EPA
Option
Description
Regulatory
Mechanism
Applicability
Option
1
Inspection
and
Certification
of
Construction
Site
Erosion
and
Sediment
Controls
Amendment
to
NPDES
storm
water
permitting
regulations
Sites
of
1
acre
or
more
Option
2
 
Codification
 
of
the
Construction
General
Permit
(
CGP)
plus
Inspection
and
Certification
Requirements
Effluent
limitation
guidelines
Sites
of
5
acres
or
more
Option
3
No
Regulation
(
Baseline)
N/
A
All
sites
3­
3
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
3.3.1
Option
1
Option
1
would
amend
40
CFR
Part
122,
the
section
of
the
CFR
covering
NPDES
permitting,

adding
a
new
paragraph
(
t)
section
to
§
122.44
entitled
Inspection
and
Certification
for
Construction
Site
Storm
Water
Discharges
.
These
requirement
in
this
section
would
include:

(
1)
Site
log
book.
The
permittee
for
a
point
source
discharge
under
§
122.26(
(
b)
(
14)
(
x)
or
§
122.26(
(
b)
(
15)
shall
maintain
a
record
of
site
activities
in
a
site
log
book.
The
site
log
book
shall
be
maintained
as
follows:

(
i)
A
copy
of
the
site
log
book
shall
be
maintained
on
site
and
be
made
available
to
the
permitting
authority
upon
request;

(
ii)
In
the
site
log
book,
the
permittee
shall
certify,
prior
to
the
commencement
of
construction
activities,
that
any
plans
required
by
the
permit
meet
all
Federal,
State,
Tribal
and
local
erosion
and
sediment
control
requirements
and
are
available
to
the
permitting
authority;

(
iii)
The
permittee
shall
have
a
qualified
professional
(
knowledgeable
in
the
principles
and
practices
of
erosion
and
sediment
controls,
such
as
a
licensed
professional
engineer,
or
other
knowledgeable
person)
conduct
an
assessment
of
the
site
prior
to
groundbreaking
and
certify
in
the
log
book
that
the
appropriate
best
management
practices
(
BMPs)
described
in
plans
required
by
the
permit
have
been
adequately
designed,
sized
and
installed
to
ensure
overall
preparedness
of
the
site
for
initiation
of
groundbreaking
activities.
The
permittee
shall
record
the
date
of
initial
groundbreaking
in
the
site
log
book.
The
permittee
shall
also
certify
that
any
inspection,
stabilization
and
BMP
maintenance
requirements
of
the
permit
have
been
satisfied
within
48
hours
of
actually
meeting
such
requirements;
and
(
iv)
The
permittee
shall
post
at
the
site,
in
a
publicly­
accessible
location,
a
summary
of
the
site
inspection
activities
on
a
monthly
basis;

(
2)
Site
Inspections.
The
permittee
or
designated
agent
of
the
permittee
(
such
as
a
consultant,
subcontractor,
or
third­
party
inspection
firm)
shall
conduct
regular
inspections
of
the
site
and
record
the
results
of
such
inspection
in
the
site
log
book
in
accordance
with
paragraph
(
t)
(
1)
of
this
section.

(
i)
After
initial
groundbreaking,
permittees
shall
conduct
site
inspections
at
least
every
14
calendar
days
and
within
24
hours
of
the
end
of
a
storm
event
of
0.5
inches
or
greater.
These
inspections
shall
be
conducted
by
a
qualified
professional.
During
each
inspection,
the
permittee
or
designated
agent
shall
record
the
following
information:

3­
4
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
(
A)
Indicate
on
a
site
map
the
extent
of
all
disturbed
site
areas
and
drainage
pathways.
Indicate
site
areas
that
are
expected
to
undergo
initial
disturbance
or
significant
site
work
within
the
next
14
days;

(
B)
Indicate
on
a
site
map
all
areas
of
the
site
that
have
undergone
temporary
or
permanent
stabilization;

(
C)
Indicate
all
disturbed
site
areas
that
have
not
undergone
active
site
work
during
the
previous
14
days;

(
D)
Inspect
all
sediment
control
practices
and
note
the
approximate
degree
of
sediment
accumulation
as
a
percentage
of
the
sediment
storage
volume
(
for
example
10
percent,
20
percent,
50
percent,
etc.
)
.
Note
all
sediment
control
practices
in
the
site
log
book
that
have
sediment
accumulation
of
50
percent
or
more;
and
(
E)
Inspect
all
erosion
and
sediment
control
BMPs
and
note
compliance
with
any
maintenance
requirements
such
as
verifying
the
integrity
of
barrier
or
diversion
systems
(
e.
g.
,
earthen
berms
or
silt
fencing)
and
containment
systems
(
e.
g.
,
sediment
basins
and
sediment
traps)
.
Identify
any
evidence
of
rill
or
gully
erosion
occurring
on
slopes
and
any
loss
of
stabilizing
vegetation
or
seeding/
mulching.
Document
in
the
site
log
book
any
excessive
deposition
of
sediment
or
ponding
water
along
barrier
or
diversion
systems.
Note
the
depth
of
sediment
within
containment
structures,
any
erosion
near
outlet
and
overflow
structures,
and
verify
the
ability
of
rock
filters
around
perforated
riser
pipes
to
pass
water.

(
ii)
Prior
to
filing
of
the
Notice
of
Termination
or
the
end
of
permit
term,
a
final
site
erosion
and
sediment
control
inspection
shall
be
conducted
by
the
permittee
or
designated
agent.
The
inspector
shall
certify
that
the
site
has
undergone
final
stabilization
as
required
by
the
permit
and
that
all
temporary
erosion
and
sediment
controls
(
such
as
silt
fencing)
not
needed
for
long­
term
erosion
control
have
been
removed.

Option
1
would
also
amend
§
122.44(
i)
(
4)
to
exclude
construction
activities
from
requirements
for
monitoring
of
storm
water
discharges.

Option
1
would
apply
to
sites
of
one
acre
or
more
in
size.

3.3.2
Option
2
Option
2
would
add
a
new
section
to
the
effluent
limitation
guidelines
section
of
the
CFR,
i.
e.
,

Part
450
 
Construction
and
Development
Point
Source
Category.
This
section
would
essentially
codify
3­
5
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
in
the
CFR
the
provisions
of
the
CGP
(
see
Section
3.2)
,
and
in
addition
would
add
the
provisions
for
I&
C
introduced
under
Option
1
(
Section
3.3.1)
.
Option
2
would
amend
40
CFR
122(
i)
(
3)
to
specify
that
discharges
from
construction
activity
are
instead
governed
by
Part
450.

40
CFR
Part
450,
Subpart
A
describes
applicability
and
provides
definitions.
Subpart
B
would
establish
the
ESC
requirements
based
on
application
of
BPT,
BAT,
BCT,
and
NSPS.

Part
450
would
apply
to
construction
and
development
activities
subject
to
an
NPDES
permit
under
the
definition
of
 
construction
activity
 
at
40
CFR
122.26(
(
b)
(
14)
(
x)
.
Section
450.11
establishes
some
general
definitions
for
the
following
terms:
BMPs,
commencement
of
construction,
final
stabilization,
groundbeaking,
new
source,
operator,
perimeter
controls,
qualified
professional,
runoff
coefficient,
and
stabilization.

Section
450.21
would
establish
effluent
limitations
reflecting
best
practicable
technology
currently
available
(
BPT)
,
as
follows:
3
Except
as
provided
in
40
CFR
125.30
through
125.32,
any
existing
point
source
subject
to
this
subpart
must
achieve
the
following
effluent
limitations
representing
the
application
of
the
best
practicable
control
technology
currently
available
(
BPT)
.
Permittees
with
operational
control
over
construction
plans
and
specification,
including
the
ability
to
make
modifications
to
those
plans
and
specifications
(
e.
g.
,
developer
or
owner)
,
must
ensure
the
project
specifications
that
they
develop
meet
the
minimum
requirements
of
a
SWPPP
required
by
§
450.21(
(
d)
.

(
a)
General
Erosion
and
Sediment
Controls.
Each
SWPPP
shall
include
a
description
of
appropriate
controls
designed
to
retain
sediment
on
site
to
the
extent
practicable.
These
general
erosion
and
sediment
controls
shall
be
included
in
the
SWPPP
developed
pursuant
to
paragraph
(
d)
of
this
section.
The
SWPPP
must
include
a
description
of
interim
and
permanent
stabilization
practices
for
the
site,
including
a
schedule
of
when
the
practices
will
be
implemented.
Stabilization
practices
may
include:

(
1)
Establishment
of
temporary
or
permanent
vegetation;

3
Parts
450.22,
450.23,
and
450.24
would
establish
identical
requirements
for
BAT,
BCT,
and
NSPS,
respectively.

3­
6
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
(
2)
Mulching,
geotextiles,
or
sod
stabilization;

(
3)
Vegetative
buffer
strips;

(
4)
Protection
of
trees
and
preservation
of
mature
vegetation.
(
b)
Sediment
Controls.
The
SWPPP
must
include
a
description
of
structural
practices
to
divert
flows
from
exposed
soils,
store
flows,
or
otherwise
limit
runoff
and
the
discharge
of
pollutants
from
exposed
areas
of
the
site
to
the
degree
attainable.

(
1)
For
common
drainage
locations
that
serve
an
area
with
10
or
more
acres
disturbed
at
one
time,
a
temporary
(
or
permanent)
sediment
basin
that
provides
storage
for
a
calculated
volume
of
runoff
from
a
2
year,
24­
hour
storm
from
each
disturbed
acre
drained,
or
equivalent
control
measures,
shall
be
provided
where
attainable
until
final
stabilization
of
the
site.
Where
no
such
calculation
has
been
performed,
a
temporary
(
or
permanent)
sediment
basin
providing
3,600
cubic
feet
of
storage
per
acre
drained,
or
equivalent
control
measures,
shall
be
provided
where
attainable
until
final
stabilization
of
the
site.
When
computing
the
number
of
acres
draining
into
a
common
location
it
is
not
necessary
to
include
flows
from
off­
site
areas
and
flows
from
on­
site
areas
that
are
either
undisturbed
or
have
undergone
final
stabilization
where
such
flows
are
diverted
around
both
the
disturbed
area
and
the
sediment
basin.

(
2)
In
determining
whether
a
sediment
basin
is
attainable,
the
operator
may
consider
factors
such
as
site
soils,
slope,
available
area
on
site,
etc.
In
any
event,
the
operator
must
consider
public
safety,
especially
as
it
relates
to
children,
as
a
design
factor
for
the
sediment
basin,
and
alternative
sediment
controls
shall
be
used
where
site
limitations
would
preclude
a
safe
basin
design.

(
3)
For
portions
of
the
site
that
drain
to
a
common
location
and
have
a
total
contributing
drainage
area
of
less
than
10
disturbed
acres,
the
operator
should
use
smaller
sediment
basins
and/
or
sediment
traps.

(
4)
Where
neither
a
sediment
basin
nor
equivalent
controls
are
attainable
due
to
site
limitations,
silt
fences,
vegetative
buffer
strips
or
equivalent
sediment
controls
are
required
for
all
down
slope
boundaries
of
the
construction
area
and
for
those
side
slope
boundaries
deemed
appropriate
as
dictated
by
individual
site
conditions.

(
c)
Pollution
Prevention
Measures.
The
SWPPP
shall
include
the
following
pollution
prevention
measures:

(
1)
Litter,
construction
chemicals,
and
construction
debris
exposed
to
storm
water
shall
be
prevented
from
becoming
a
pollutant
source
in
storm
water
discharges
(
e.
g.
,
screening
outfalls,
picked
up
daily)
;
and
(
2)
A
description
of
construction
and
waste
materials
expected
to
be
stored
on­
site
with
updates
as
appropriate,
and
a
description
of
controls
to
reduce
pollutants
3­
7
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
from
these
materials
including
storage
practices
to
minimize
exposure
of
the
materials
to
storm
water,
and
spill
prevention
and
response.

(
d)
Storm
Water
Pollution
Prevention
Plan.
Operators
subject
to
this
Part
shall
compile
Storm
Water
Pollution
Prevention
Plans
(
SWPPPs)
prior
to
groundbreaking
at
any
construction
site.
In
areas
where
EPA
is
not
the
permit
authority,
operators
may
be
required
to
prepare
documents
that
may
serve
as
the
functional
equivalent
of
a
SWPPP.
Such
alternate
documents
will
satisfy
the
requirements
for
a
SWPPP
so
long
as
they
contain
the
necessary
elements
of
a
SWPPP.
A
SWPPP
shall
incorporate
the
following
information:

(
1)
A
narrative
description
of
the
construction
activity,
including
a
description
of
the
intended
sequence
of
major
activities
that
disturb
soils
on
the
site
(
major
activities
include
grubbing,
excavating,
grading,
and
utilities
and
infrastructure
installation,
or
any
other
activity
that
disturbs
soils
for
major
portions
of
the
site)
;

(
2)
A
general
location
map
(
e.
g.
,
portion
of
a
city
or
county
map)
and
a
site
map.
The
site
map
shall
include
descriptions
of
the
following:

(
i)
Drainage
patterns
and
approximate
slopes
anticipated
after
major
grading
activities;

(
ii)
The
total
area
of
the
site
and
areas
of
disturbance;

(
iii)
Areas
that
will
not
be
disturbed;

(
iv)
Locations
of
major
structural
and
nonstructural
controls
identified
in
the
SWPPP;

(
v)
Locations
where
stabilization
practices
are
expected
to
occur;

(
vi)
Locations
of
off­
site
material,
waste,
borrow
or
equipment
storage
areas;

(
vii)
Surface
waters
(
including
wetlands)
;
and
(
viii)
Locations
where
storm
water
discharges
to
a
surface
water;

(
3)
A
description
of
available
data
on
soils
present
at
the
site;

(
4)
A
description
of
BMPs
to
be
used
to
control
pollutants
in
storm
water
discharges
during
construction
as
described
elsewhere
in
this
section;

(
5)
A
description
of
the
general
timing
(
or
sequence)
in
relation
to
the
construction
schedule
when
each
BMP
is
to
be
implemented;

3­
8
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
(
6)
An
estimate
of
the
pre­
development
and
post­
construction
runoff
coefficients
of
the
site;

(
7)
The
name(
s)
of
the
receiving
water(
s)
;

(
8)
Delineation
of
SWPPP
implementation
responsibilities
for
each
site
owner
or
operator;

(
9)
Any
existing
data
that
describe
the
storm
water
runoff
characteristics
at
the
site.

(
e)
Updating
the
SWPPP.
The
operator
shall
amend
the
SWPPP
and
corresponding
erosion
and
sediment
control
BMPs
whenever:

(
1)
There
is
a
change
in
design,
construction,
or
maintenance
that
has
a
significant
effect
on
the
discharge
of
pollutants
to
waters
of
the
United
States
which
has
not
been
addressed
in
the
SWPPP;
or
(
2)
Inspections
or
investigations
by
site
operators,
local,
State,
Tribal
or
Federal
officials
indicate
that
the
SWPPP
is
proving
ineffective
in
eliminating
or
significantly
minimizing
pollutant
discharges.

(
f)
Site
Log
Book/
Certification.
The
operator
shall
maintain
a
record
of
site
activities
in
a
site
log
book,
as
part
of
the
SWPPP.
The
site
log
book
shall
be
maintained
as
follows:

(
1)
A
copy
of
the
site
log
book
shall
be
maintained
on
site
and
be
made
available
to
the
permitting
authority
upon
request;

(
2)
In
the
site
log
book,
the
operator
shall
certify,
prior
to
the
commencement
of
construction
activities,
that
the
SWPPP
prepared
in
accordance
with
paragraph
(
d)
of
this
section
meets
all
Federal,
State
and
local
erosion
and
sediment
control
requirements
and
is
available
to
the
permitting
authority;

(
3)
The
operator
shall
have
a
qualified
professional
conduct
an
assessment
of
the
site
prior
to
groundbreaking
and
certify
in
the
log
book
that
the
appropriate
BMPs
and
erosion
and
sediment
controls
described
in
the
SWPPP
and
required
by
paragraphs
(
a)
,
(
b)
,
(
c)
and
(
d)
of
this
section
have
been
adequately
designed,
sized
and
installed
to
ensure
overall
preparedness
of
the
site
for
initiation
of
groundbreaking
activities.
The
operator
shall
record
the
date
of
initial
groundbreaking
in
the
site
log
book.
The
operator
shall
also
certify
that
the
requirements
of
paragraphs
(
g)
,
(
h)
and
(
i)
of
this
section
have
been
satisfied
within
48
hours
of
actually
meeting
such
requirements;

(
4)
The
operator
shall
post
at
the
site,
in
a
publicly­
accessible
location,
a
summary
of
the
site
inspection
activities
on
a
monthly
basis.

(
g)
Site
Inspections.
The
operator
or
designated
agent
of
the
operator
(
such
as
a
consultant,
subcontractor,
or
third­
party
inspection
firm)
shall
conduct
regular
inspections
of
the
site
3­
9
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
and
record
the
results
of
such
inspection
in
the
site
log
book
in
accordance
with
paragraph
(
f)
of
this
section.

(
1)
After
initial
groundbreaking,
operators
shall
conduct
site
inspections
at
least
every
14
calendar
days
and
within
24
hours
of
the
end
of
a
storm
event
of
0.5
inches
or
greater.
These
inspections
shall
be
conducted
by
a
qualified
professional.
During
each
inspection,
the
operator
or
designated
agent
shall
record
the
following
information:

(
i)
On
a
site
map,
indicate
the
extent
of
all
disturbed
site
areas
and
drainage
pathways.
Indicate
site
areas
that
are
expected
to
undergo
initial
disturbance
or
significant
site
work
within
the
next
14­
day
period;
(
ii)
Indicate
on
a
site
map
all
areas
of
the
site
that
have
undergone
temporary
or
permanent
stabilization;

(
iii)
Indicate
all
disturbed
site
areas
that
have
not
undergone
active
site
work
during
the
previous
14­
day
period;

(
iv)
Inspect
all
sediment
control
practices
and
note
the
approximate
degree
of
sediment
accumulation
as
a
percentage
of
the
sediment
storage
volume
(
for
example
10
percent,
20
percent,
50
percent,
etc.
)
.
Record
all
sediment
control
practices
in
the
site
log
book
that
have
sediment
accumulation
of
50
percent
or
more;
and
(
v)
Inspect
all
erosion
and
sediment
control
BMPs
and
record
all
maintenance
requirements
such
as
verifying
the
integrity
of
barrier
or
diversion
systems
(
earthen
berms
or
silt
fencing)
and
containment
systems
(
sediment
basins
and
sediment
traps)
.
Identify
any
evidence
of
rill
or
gully
erosion
occurring
on
slopes
and
any
loss
of
stabilizing
vegetation
or
seeding/
mulching.
Document
in
the
site
log
book
any
excessive
deposition
of
sediment
or
ponding
water
along
barrier
or
diversion
systems.
Record
the
depth
of
sediment
within
containment
structures,
any
erosion
near
outlet
and
overflow
structures,
and
verify
the
ability
of
rock
filters
around
perforated
riser
pipes
to
pass
water.

(
2)
Prior
to
filing
of
the
Notice
of
Termination
or
the
end
of
permit
term,
a
final
site
erosion
and
sediment
control
inspection
shall
be
conducted
by
the
operator
or
designated
agent.
The
inspector
shall
certify
that
the
site
has
undergone
final
stabilization
using
either
vegetative
or
structural
stabilization
methods
and
that
all
temporary
erosion
and
sediment
controls
(
such
as
silt
fencing)
not
needed
for
long­
term
erosion
control
have
been
removed.

(
h)
Stabilization.
The
operator
shall
initiate
stabilization
measures
as
soon
as
practicable
in
portions
of
the
site
where
construction
activities
have
temporarily
or
permanently
ceased,
but
in
no
case
more
than
14
days
after
the
construction
activity
in
that
portion
of
the
site
has
temporarily
or
permanently
ceased.
This
requirement
does
not
apply
in
the
following
instances:

3­
10
Economic
Analysis
of
Construction
and
Development
Proposed
Effluent
Guidelines
May
2002
(
1)
Where
the
initiation
of
stabilization
measures
by
the
14th
day
after
construction
activity
temporarily
or
permanently
ceased
is
precluded
by
snow
cover
or
frozen
ground
conditions,
stabilization
measures
shall
be
initiated
as
soon
as
practicable;

(
2)
Where
construction
activity
on
a
portion
of
the
site
is
temporarily
ceased,
and
earth­
disturbing
activities
will
be
resumed
within
21
days,
temporary
stabilization
measures
need
not
be
initiated
on
that
portion
of
the
site.

(
3)
In
arid
areas
(
areas
with
an
average
annual
rainfall
of
0
to
10
inches)
,
semi­
arid
areas
(
areas
with
an
average
annual
rainfall
of
10
to
20
inches)
,
and
areas
experiencing
droughts
where
the
initiation
of
stabilization
measures
by
the
14th
day
after
construction
activity
has
temporarily
or
permanently
ceased
is
precluded
by
seasonably
arid
conditions,
the
operator
shall
initiate
stabilization
measures
as
soon
as
practicable.

(
i)
Maintenance.
Sediment
shall
be
removed
from
sediment
traps
or
sediment
ponds
when
design
capacity
has
been
reduced
by
50
percent.

Option
2
would
apply
to
sites
of
five
acres
or
more.

3.3.3
Option
3
Option
3
is
the
 
no
regulation
 
option.
.
Storm
water
runoff
from
construction
and
development
activities
would
continue
to
be
managed
in
accordance
with
the
requirements
of
the
CGP.
There
would
be
no
incremental
compliance
requirements
and
consequently
no
incremental
compliance
costs
or
benefits.

3­
11
