207 Temporary Sediment and Erosion Controls

SS 832 Temporary Sediment and Erosion Controls

Description (832.01)

Definitions (832.02)

Standard Construction Drawing Reference (832.03)

Requirements (832.04)

Provisions (832.05)

EDA Requirements (832.06)

TSEC BMP Materials (832.07)

Furnish and Locate TSEC BMP (832.08)


Description (832.01)

SS 832 replaces C&MS 207 and SS 877.  At the time of this publication revisions to SS 832 were under committee review and not yet finalized.  The information contained in this MOP section is an interpretation of the proposed revisions. SS 832 as discussed, includes the latest OEPA NPDES permit (OHC000003). Projects which involve one (1) acre or more of earth disturbing activity are required to have an NPDES Permit.  This permit pertains to both the work within the project work limits and related support activities.

1.        The Contractor is required to furnish a fully executed Co-permittee form.

2.        The Contractor is required to furnish site specific Storm Water Pollution Prevention Plan (SWPPP) that is compliant with the NPDES Permit (see SS832 Appendix E).

3.        The Contractor is required to locate, furnish, and maintain all TSEC BMP as identified in the Contractors SWPPP.

4.        Project personnel are required to read the permit, SS832 Appendix E, and should inform the Contractor of any non-compliant permit conditions known on the construction site.

5.        If stream or river crossing (causeway) provisions are not specifically included in the contract documents, the Contractor must obtain the proper permit to construct a stream or river crossing.  Fording streams, rivers or waterways is not permitted.


Definitions (832.02)

Co-Permittee:  The Contractor is required to file the co-permittee form to OEPA.  This form notifies OEPA that the Contractor is an “Operator”.  Both ODOT and the Contractor are identified as “Operators” in the NPDES Permit.  As a result both ODOT and the Contractor are required to keep the construction activity in compliance with the NPDES Permit.  ODOT contractually holds the Contractor responsible for compliance and provides compensation for the Contractor’s efforts.  ODOT cannot knowingly allow a permit violation to exist without taking corrective measures.  If a permit violation or deficiency is identified, the Contractor should be notified and reminded of his contractual responsibility to maintain permit compliance. 


Standard Construction Drawing Reference (832.03)

The Standard Construction Drawings (SCD) provide detailed information describing the materials, construction and installation requirements for most of the TSEC BMP.  The SCDs are referenced in SS 832; however they are often overlooked by the Contractor’s crews performing the work.  The SCDs should be brought to the Contractor’s attention as early in the project as possible and preferably at or before the preconstruction meeting.  Project staff should use the SCDs when inspecting and measuring TSEC BMP for payment.


Requirements (832.04)

Post construction NPDES Storm Water Management Requirements are not included in this specification.  Post construction controls are not considered “Temporary” and therefore are addressed in the project plans.  Project staff should be familiar with the Post Construction BMPs, where they are located in the plans and on site. OEPA may specifically inspect these BMPs during a field visit.


Provisions (832.05)

The “Provisions” portion of the specification identifies how the ODOT contract handles storm water enforcement actions resulting from non-compliance.  The NPDES permit holds the “operator” responsible for compliance.  BOTH ODOT and the Contractor are identified as Operators.  If a non-compliant condition results in OEPA enforcement action the Contractor agrees to:

1.        Make all necessary corrections resulting from an incomplete or inadequate SWPPP.

2.        Reimburse ODOT for any fine penalty assessment damage judgment or expense resulting from non-compliance regulatory action.

3.        Indemnify and hold the Department harmless for any fine penalty assessment damage judgment or expense resulting from non-compliance regulatory action.

4.        If a stop work order is issued resulting from an incomplete or inadequate SWPPP and or TSEC BMPs the Department will find the Contractor in default.

5.        Failure to correct non-compliant site conditions may result in suspension of the work and/or removal of the project superintendent.

When notifying the Contractor of non-compliance matters, the provisions portion of the spec should be referenced.


EDA Requirements (832.06)

ODOT Maintenance projects involving less than 5 acres of maintenance work activity are exempt from the NPDES permitting requirements.  For a project to be eligible for this exemption it is required that ALL work activity included in the project falls under the OEPA approved list of “Maintenance Activities”.  The approved list can be found at:


If the Contractor elects to work outside of the project limits (typically areas for borrow, waste, staging or storage) and the EDA is greater than 1 acre, then the Contractor is required to obtain the NPDES General Construction permit.

Work outside the project work limits

If the project has identified any EDA within the project limits (even less than one acre Project EDA), ODOT will compensate the Contractor for the installation of appropriate TSEC BMP within the project limits.  For projects with more than one (1) acre of EDA, the Contractor is required to specifically identify all work areas located outside of the project work limits on his SWPPP.  The cost for expanding the SWPPP coverage outside of the project work limits is included in the lump sum price bid for SWPPP.  See 107.19 for general environmental protection requirements.  It is important to note that the Contractor EDA may be on ODOT R/W but outside of the project work limits.

Jurisdictional Waters may include Waters of the State or Waters of the US.  In either case, a permit may be required (See107.19). Placement of fill in these regulated waters (i.e. streams, ponds, lakes, waterways etc.) without a permit is illegal.  The Contractor is required to furnish the proper permit for any area affected by his operation that is outside of the project work limits.  This may include temporary work pads, stream crossings, causeways or placement of any fill in “Jurisdictional Waters” that are not otherwise identified in the plans.

The Contractor is required to furnish spill response equipment for all operations working next to a body of water. (See 107.19).

The Contractor is required to furnish water handling controls that are capable of preventing sediment-laden water from being discharged from the site.  This is an important consideration when working in and around water areas on drilled shafts, cofferdams, dewatering operations etc. (See 107.19.)

The Contractor is required to provide a location to properly wash out cement or concrete trucks. Concrete washdown water is toxic and can cause a fish kill or other serious environmental impact.  Concrete truck washdown BMPs must be located away from all bodies of water.  The Contractor is required to locate the concrete washout BMP(s) on the SWPPP.



TSEC BMP Materials (832.07)

The Standard Construction Drawings referenced on the plan title sheet contain details that are often overlooked by the Contractor.   The SCDs have been revised to address the latest version of the storm water permit.  Earlier SCD versions may reference sediment and erosion controls that are no longer recognized by OEPA as viable BMPs.

Furnish the materials as outlined below:

1.        Furnish commercial fertilizer, seed, and mulch material that meet 659.

2.        Furnish filter fabric material for ditch checks that meets standard drawing DM-4.4.  It is important to note that this BMP includes the installation of an aggregate component to prevent high flows and sediment accumulation from collapsing the fabric fence.

3.        Furnish rock material for ditch checks that meets standard drawing DM-4.4.

4.        Furnish filter fabric material for inlet protection that meets standard drawing DM-4.4.

5.        Furnish filter fabric material for perimeter controls that meets standard drawing DM-4.4.

6.        Furnish filter fabric material or hay or straw bale material for bale filter dikes that meets standard drawing DM-4.3.

7.        Furnish excavation and embankment material for sediment basins and dams that meets the capacity and 48 hour draw down requirements described in the NPDES Permit.

8.        Furnish pipe material for slope drains that meets standard drawing DM-4.3.

9.        Furnish rock channel protection material that meets standard drawing DM-4.3.


Furnish and Locate TSEC BMP (832.08)

The NPDES Permit requires that the SWPPP identify the type, location and size of all sediment and erosion controls installed or proposed on the project site.  The Contractor is required to keep the SWPPP current with the controls installed and maintained on site SS832 Appendix E Part III.C.2.D.



Figure 832.A- Sediment Settling Pond with Construction Fence and stream Perimeter Filter Fabric Fence



Figure 832.A2 Perimeter Filter Fabric Fence

Perimeter Controls (SS 832.08 A)

Apply perimeter control practices to protect the disturbed area from offsite runoff and to prevent sediment from discharging off site to areas below the construction site. Sediment and runoff barriers surrounding the area disturbed by construction activity prevents runoff from moving offsite and impacting surface waters downstream

1.        Perimeter controls must be placed and identified in the SWPPP before or concurrent with any clearing and grubbing operation.

2.        The perimeter controls should be dated on the SWPPP along with the dates of the clearing and grubbing.

3.        Perimeter controls BMP are detailed in standard drawing DM-4.4.

4.        Perimeter controls (typically dikes) can effectively divert water away from the project and, when designed properly, can separate watersheds into smaller drainage areas reducing the need for large sediment settling ponds.

5.        Perimeter controls should be used to protect all water bodies (ponds, streams, wetlands, etc.) and any areas shown on the plan which may be adversely affected by construction surface drainage.


Figure 832.A3  Perimeter Control, Water Body Protection

Filter Fabric Fence

Filter Fabric Fence is used to control sheet flow (not concentrated flow).  The application of Filter Fabric Fence is limited by the steepness of the slope and the size of the surface area draining toward the fence.  The regulatory limitations for Filter Fabric Fence are outlined in the NPDES Permit see SS832 Appendix E, Part III.G.2.d.

It is critical that Filter Fabric Fence be installed in accordance with standard construction drawing DM 4.4.  The fabric must be installed in a 6 inch X 6 inch trench and backfilled with compacted earth.  Placement of the fence along the ground surface and shoveling fill on top of the lower edge of the fabric is NOT acceptable.

Filter Fabric Fence is a filter.  It should be installed down gradient of EDA to filter sediment from sheet flow.  Do not install silt fence above EDA areas.

When Filter Fabric Fence fails in the field it is typically caused by one or more of the following:

1.        Improper burial depth

2.        Drainage area exceeds the capacity of the fence

3.        Fence is not parallel to the surface contours

4.        Poor maintenance


Dikes can be used as a perimeter control.  Dikes function best by collecting and concentrating sheet flow then directing it to an appropriate controlled outlet or other BMP which does not allow the discharge of sediment.

Inlet Protection (SS 832.08 B)

Place Inlet Protection as outlined below.  The location and date of placement, maintenance or removal should be identified on the SWPPP.  It is recommended that all inlet protection be numbered and dated both in the field and on the SWPPP.


Figure 832.B - Inlet Protection

1.        If Inlet Protection is being used as a TSEC BMP it is required that they be located on the SWPPP

2.        Inlet Protection should be dated on the SWPPP.

3.        Inlet protection should be used around Catch Basin inlets and/or any structure that conveys storm water.

4.        Inlet protection requirements are detailed on standard drawing DM-4.4.

5.        When Inlet Protection fails in the field it is typically caused by one or more of the following:

a.        Improper burial depth

b.        Inadequate height of fence above inlet invert

c.        Improper lap of fabric

d.        Poor maintenance

Construction Seeding and Mulching (SS 832.08.C)

Seed and mulch all disturbed areas that have been idled, in particular, before winter shut down.

Seeding Median

Figure 832.C - Construction Seeding and Mulching




Figure 832.C2 - Winter Seed and Mulch, with mulch crimped in place



1.        The rate furnished for straw mulch is 3 tons per acre. (0.5 metric ton/1000 m²)

2.        The rate furnished for fertilizer is ½ the rate found in Item 659.

3.        Do not place construction seed on frozen ground.

4.        Install Construction Seed and Mulch on disturbed areas that work will be suspended during the winter.  Standard Construction Seed and Mulch should not be installed between October 15 and March 15.

5.        Winter Seed and Mulch is the standard erosion control practice for EDA occurring between October 15 and March 15.  This BMP includes mulch crimped in place or a Bonded Fiber Matrix capable of providing sufficient protective cover to comply with the NPDES Permit.  The cost for installing BFM mulch is typically greater than crimped mulch.  The BFM mulch is better suited for limited area applications on steep slopes or areas where crimping implement access is limited.  The use of other seed and/or mulch materials in this time period requires Department approval.

6.        Temporary cover such as Construction Seed and Mulch, Construction Mulch or Winter Seed and Mulch should be installed as the construction progresses and not when a “big enough” area is exposed to the elements.  Temporary cover requirements address the allowable time that disturbed earth may remain exposed.  It is important that temporary cover installation keeps up with construction progress.

7.        The date of construction seed placement should be recorded on the SWPPP and corresponding NPDES inspection reports.

Slope Protection (SS 832.08.E)

Fill Slopes that are greater than 8 feet (2.5M) and have had no filling activity for three weeks.


Figure 832 E - EC Items Required For Slope Protection


1.        If dikes are being used as a TSEC BMP it is required that they be located on the SWPPP

2.        Dikes should be dated on the SWPPP along with the date of the slope construction.

3.        Dike and slope drain construction requirements are outlined on standard drawing DM-4.3.

Figure 832 E2 - Item 670 Recommended for Cut Slope construction


When constructing cut slopes, a surface water control ditch should be installed before the slope excavation begins.

1.        The ditch should be constructed at the top of the cut slope.

2.        If the ditch is being used as a TSEC BMP it is required that it be located on the SWPPP.

3.        It is important that the ditch is constructed with sufficient grade to prevent water from saturating the underlying soils and causing slope instability problems.


Ditch Checks and Ditch Protection (SS 832.08.F)


Figure 832 F1- Filter Fabric Ditch Check


1.        Construct Filter Fabric Ditch Checks as soon as ditch is cut.

2.        Ditch checks shall be placed per the SWPPP or as required.

3.        Ditch checks are TSEC BMP and are required to be recorded on the SWPPP along with the ditch construction.

4.        Filter fabric ditch checks construction requirements are detailed on the standard drawing DM-4.4.

5.        Filter Fabric Ditch Checks are limited to drainage areas of 2 acres (0.8 ha) or less.

6.        Filter Fabric Ditch Checks include #1 thru #4 aggregate component.  The Engineer may waive the aggregate requirement when ditch checks are needed in the clear zone.  The aggregate should be replaced with straw bales staked in place against the filter fabric as detailed on standard construction drawing DM-4.4 (see Figure 832 F2).

7.        It is important that ditch checks be in place by the end of the day if working on the ditch.


Figure 832 F2- Filter Fabric Ditch Check with Straw Bale Backing



Figure 832 F3 - Rock Ditch Check


1.        Rock Ditch Checks shall be placed per the SWPPP or as required.  

2.        If Rock Ditch Checks are used as TSEC BMP they should be recorded on the SWPPP.

3.        Rock Ditch Checks should be installed as soon as the ditch is cut.

4.        Rock Ditch Checks construction requirements are detailed on the standard drawing DM-4.4.

5.        Rock Ditch Checks are limited to drainage areas between 2 and 5 acres (0.8 and 2.0 ha).

6.        It is important that ditch checks be replaced by the end of the day if working on the ditch.

Bale Filter Dike (SS 832.08.G)

OEPA no longer recognizes Bale Filter Dikes or Bale Ditch Checks as acceptable BMPs. 

Filter Fabric Ditch Checks that are installed in the clear zone may use straw bales in lieu of the aggregate backing (see DM 4.4) when allowed by the Engineer.

Sediment Basins and Dams (SS 832.08.H)

Place Sediment Basins and Dams as outlined below and as required by the NPDES Permit. 


Figure 832 H - Sediment Settling Pond

1.        Sediment basins and dams are required to be placed within 7 days after completion of grubbing and constructed before grading begins.

2.        Sediment basins and dams should be installed as per the SWPPP and as required by the NPDES Permit.

3.        Sediment basins are a TSEC BMP and are required to be recorded on the SWPPP and routinely inspected. 

4.        Concentrated flow discharging from areas containing EDA is required to pass through a Sediment Settling Pond.

5.        Typical field locations include: the bottom of a ravine, culvert inlets and outlets, at the end of a ditch, and any concentrated water exit point.

6.        Sediment Settling Ponds, Basins or Dams should never be constructed in a body of water.

7.        Sediment Basins and Dams should be sized to retain 67 cubic Yards (125 cubic meters) of water for every acre of drainage area.  The latest version of the OEPA NPDES General Construction Permit requires that the basin volume described above be designed to have a minimum 48 hour draw down time.  Sediment storage ponds are required to include an additional volume specifically designed for sediment storage.  The sediment storage portion of the pond consists of 34 cubic yards per acre of disturbed earth in the watershed.  The SWPPP designer is required to attach the computations for sediment settling pond design to the Acceptance submittal (832.10).

8.        Construction requirements for Sediment Basins and Dams are detailed on the standard drawing DM-4.3.

9.        Install Construction fence as needed for safety considerations.

River, Stream, and Water Body Protection (SS 832.08.I)

All rivers, streams, and water bodies must be protected from all sediment-laden or turbid water. 832 items are provided to ensure the protection of all rivers, streams, and surface waters.


Figure 832 I - Stream Protection



Stream Relocation (SS 832.08.J)

Fully stabilize any temporary-relocated waterway before the water is diverted as outlined below.  Examples are temporary run-arounds to constructed culverts, temporary ditches, or any temporary waterway constructed by the Contractor to build the project.  General and/or specific permits may be attached part of the special provisions shown in the plan.  Some individual or specific permits may include requirements in addition to what is required under the general NPDES Permit.


Figure 832 J - Temporary Channel

Temporary Channel

1.        Temporary channels require stabilization with rock channel protection, Item 670 Erosion Protection or a stand of grass at least 70% established.

2.        Temporary channels are required to be stabilized before any flow is diverted into the channel.

3.        If the Temporary channel is a 404/401 permit requirement, costs associated with constructing maintaining and removing the temporary channel are incidental to the work taking place within the footprint of the 404/401 permit area.



Causeways and Access Fills (Stream and River Crossings and Fills) (SS 832.09).

Equipment can cross a waterway only by means of a permitted crossing or causeway.  Regulatory permits are required prior to any disturbance to the waterway.  Place Stream or River Crossings (Causeways) as outlined below and date the placement on the SWPPP. 


Figure 832 K - Stream Crossing


1.        Ensure the causeway is a height of 1 foot (.3m) above the Ordinary High Water Mark (not necessarily the “normal water elevation”).

2.        The causeway should be as narrow as practical to provide for passage of the equipment while preventing the movement of any fill into the water.

3.        Furnish culvert pipes if filling more than one-third of the waterway.  Pipes may be specifically required per the terms of the 404/401 permit.

4.        Only clean dump rock (non-erodible fill) is permitted for use in the waterway.  Broken concrete can be used as a Temporary Fill if all exposed rebar has been removed.

5.        Furnish 50 feet (15m) approach drive of dump rock (non-erodible fill) on both sides of the causeway.

6.        When a high water event impairs the contractor’s ability to work and causes a delay, the Department will allow an excusable non-compensable delay.  The Department will compensate the Contractor for required repairs to the causeway and access fills that were damaged as a result of the high water event.


Causeways and Access Fills Construction and Payment (SS 832.10).

Typically Causeways and Access Fill environmental protection costs are incidental to the work contained within the 404/401permit boundary.  In some cases, Causeways and Access Fills are paid as a separate item.  It is important to note that all environmental controls within the 404/401 permit boundary are incidental to the work conducted within that boundary.  The Sediment and Erosion Control Prices (SS 832 Appendix F) should not be used as compensation when BMPs are installed within the 404/401 permit boundary.


Figure 832.11 L - Required Maintenance

Maintenance (SS 832.11).

1.        The Contractor is required to maintain all TSEC BMP throughout its functional life on the project.

2.        All TSEC BMP are required to be sized and designed to withstand a minimum ½ inch rainfall event.

3.        The cost for maintaining TSEC BMP is included in the price paid per unit of BMP.  Compensation is provided for TSEC BMP replacement and or repair required as a result of a rainfall event greater than ½ inch.  The Contractor is required to inspect, record and report all impacts to the TSEC BMPs that require maintenance and/or replacement.  TSEC BMP must be inspected weekly and within 24 hours of a ½ inch or greater rainfall event.

4.        Sediment that accumulates at the TSEC BMP requires removal and proper disposal as part of the Contractor’s responsibility for maintenance.  Safeguards must be in place to prevent the release of sediment into waters of the state during the BMP maintenance effort.  Disposal of accumulated sediment must be compliant with C&MS 107.19.

5.        Routine maintenance and repair of TSEC BMP is required to be conducted within 3 days of the inspection which identified the need.  Sediment settling ponds must be repaired and or maintained within 10 days of the inspection.  If deficiencies or violations have been identified on site, the Contractor is required to correct and mitigate the conditions within 48 hours of notification by the Department or regulatory agency SS832.05.G.

6.        TSEC BMP should not be removed until the Earth Disturbing Activity has been completed and a “uniform perennial vegetative cover with a density of at least 70% has been established” on all unpaved areas.  If silt fence is removed to accommodate the final grading and seeding operation it should be replaced after the seeding work is completed, or other perimeter control BMPs should be installed to provide appropriate protection.  OEPA recommends the installation of sediment basins down gradient as an appropriate control measure when perimeter controls are removed for final grading and seeding.


TSEC BMP Maintenance Requirements

Routine maintenance on TSEC BMP is required when repairs are needed and when:

1.        Rock Ditch Checks have sediment covering ½ the height of the rock.

2.        Perimeter Filter Fabric Fence, Filter Fabric Ditch Checks and/or Inlet Protection have sediment covering ½ the height of the fabric.

3.        Sediment Settling Ponds require sediment remove maintenance when the required sediment settling zone is full.

4.        Bale Filter Dikes have sediment covering ½ the height of the bale.

5.        Erosion Control Mats require replacement when they are torn and or displaced.

6.        Construction Seeding and Mulching has been displaced and re-application is needed.

Permanent stabilization must be achieved before the project is accepted.  Once the project is “permanently stabilized” see SS832 Appendix G, Part VII.H all TSEC BMP must be removed and resulting debris disposed of appropriately.

Storm Water Pollution Prevention Plan (SS 832.12).

1.        The Department requires that the SWPPP be designed by an Engineer (P.E.) that has attended and completed the CPESC Exam Review Course.  The effective date of the CPESC training requirement is July 1, 2006.  The designer’s CPESC training record will be made available for confirmation by the project. 

2.        The SWPPP must show the location of the TSEC BMP for all areas with EDA related to the project.  This includes borrow, waste, staging and storage areas that experience EDA.

3.        It is important that the SWPPP identify the watersheds and the area disturbed by the construction in each watershed (SS 832.12 G).  This provides the project and Contractor with the location of all drainage outlets from the project.  This information is helpful in conducting appropriate inspections (see SS 832.14 below).

4.        If the Contractor is proposing BMPs other than those identified on the standard BMP pricing schedule, the SWPPP needs to describe the proposed BMPs for the Engineers approval particularly if compensation is a consideration.

SWPPP Acceptance (SS 832.13).

The intent of “acceptance” is to determine if the SWPPP developed by the Contractor is a reasonable reflection of the site conditions and identifies reasonable controls that will uphold compliance with the NPDES permit.  Acceptance is not regulatory approval.  If the SWPPP is accepted, the Department is recognizing that the Contractor has developed what appears to be an appropriate plan to comply with NPDES.  Sections A through G of Part III in the NPDES permit is a checklist that identifies the minimum SWPPP elements that the Contractor must have on his plan.  If the SWPPP is not accepted by the project and the Contractor is requesting assistance from the project to develop an acceptable SWPPP, guidelines are available in the form of a checklist from OEPA.  The checklist is titled: SWPPP Checklist for Construction Activities and it can be found at: http://www.epa.state.oh.us/dsw/storm/construction_index.html.  Project staff can and should make recommendations to the Contractor to facilitate permit compliance.  It is important to note that the Contractor’s responsibility and liability related to NPDES compliance is reduced when he is directed to perform compliance work by the Department.  The Contractor is required to tailor his operation in such a way to comply with the NPDES permit.  The underlying point is that the purpose of this submittal is to demonstrate compliance with the contract documents.  If the contractor intends on using the submittal as a mechanism to alter the contract requirements, he is required to “prominently call attention to the proposed deviation from the contract in the submittal. 

Inspections and Updates (SS 832.14).

Inspections are a requirement of the SWPPP.  The NPDES permit requires that all controls (BMPs) and all surface water outfalls on the site are inspected at least once every 7 calendar days and within 24 hours of any storm event greater than one-half inch as per SS832 Appendix E part III.G.2.i.  The storm Water inspection report is a document of record that carries legal liability.  The Contractor has the contractual responsibility to conduct the inspections by or directly under the supervision of the SWPPP designer who sealed the SWPPP.  At least monthly the SWPPP designer is required to sign off on the inspection report with the following standard Certification language:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."


 SS832 Appendix E part III.G.2.i describes the minimum components of an inspection report. 

It is important that the inspection specifically include all discharge locations.  If erosion is occurring or sediment is accumulating at a discharge location along the boundary of the project, immediate action needs to be taken to document and correct the problem.  For situations where off site sediment is mixing with surface water from the project, care should be taken to separate the flows and divert the offsite water away from the site (when possible).  In many instances the separation and diversion of offsite surface water is not possible.  In these cases the contractor should monitor the in-coming surface water and document the conditions as part of the routine inspection effort.  In the event that OEPA or others identify an NPDES permit violation, the remedy and/or corrective action can be identified and implemented quickly and additional enforcement actions can often time be avoided.

OEPA refers to the SWPPP as a “living breathing document”.  The intent of the SWPPP requirement of the permit is to plan the work in advance and incorporate the BMPs in such a way that prevents the discharge of pollutants to waters of the state.  The permit requires that the SWPPP be kept current with the site conditions and document the addition removal and maintenance of the BMPs on the SWPPP see SS832 Appendix E, part III.D.  The Department requires that the contractor perform the required inspections.  The inspector must be CPESC Trained.  When modifications to the SWPPP are needed the inspector is required to get approval of the SWPPP design Engineer.  The SWPPP design Engineer approval is documented as part of the routine inspection report provided to the project at least monthly. The Contractor’s Erosion Control Inspector is required to provide the project with a weekly certification that the site is compliant with the permit.  If the project is not receiving the weekly certifications, SS 832.05 should be enforced and the Contractor should be notified in writing.  The certification requirement provides the project with the ability to track compliance issues and stay current with the required documentation. 

Documentation Requirements – SS 832 Temporary Sediment and Erosion Controls

Documentation requirements include the entries in the “Inspector’s Daily Reports” that reflect the inspectors observations relative to the sediment and erosion control compliance of the site.  A BMP Inventory form is furnished in SS 832 Appendix A to assist in documenting and recording the BMP quantities for payment.  The BMP inventory form in Appendix A  is not a substitute for the inspection report described above.

The Contractor is required to provide the Engineer with an inspection report every 7 days and within 24 hours of a 0.5 inch (13 mm) or greater rainfall event throughout the life of the contract.  Inspection requirements can be reduced to once a month, if the SWPPP Engineer certifies that the entire project has been “Temporarily Stabilized” and the construction activity will be suspended over the winter.   

Include the following in the inspection report;

§  The OEPA NPDES Permit inspection checklist information (see appendix E, Part III.G.2.i),

§  A map identifying all BMPs needed, installed, maintained or removed since the last inspection report.

§  Certification that all construction activities are compliant with the SWPPP and the signature of the CECI responsible for the inspection, 

§  The signature of the Professional Engineer who sealed the SWPPP is required as part of the inspection report, on a monthly basis or when modifications to the SWPPP design are made,

§  Include the certification requirements according to OEPA NPDES Permit Part V.H with all reporting sign offs.