module 4: odot’s npdes cgp compliance approach and … · 2013. 3. 1. · module 4: odot npdes...

Continuing Education Associated with Maintaining CPESC and CESSWI

Certification

Module 4: ODOT’s NPDES CGP Compliance Approach and Supplemental Specification 832

November 2012 – March 2013

Sponsors: ODOT – Local Technical Assistance Program (LTAP)

Module 4: ODOT NPDES Compliance Approach and Supplemental Specification 832

Agenda ODOTs NPDES CGP Compliance Approach and Supplemental Specification 832

• ODOTs NPDES Compliance Approach

• Supplemental Specification 832

requirements

• Your role with developing SWPPP’s and Project SWPPP Inspections

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ODOT’S APPROACH TO NPDES CGP COMPLIANCE – SUPPLEMENTAL SPECIFICATION

832

ODOT’s Stormwater Management Program

Photo: Courtesy of NCDOT 3

Module 4: ODOT NPDES Compliance Approach and Supplemental Specification 832 4

ODOT’s Construction General Permit (CGP) process


ODOT requires the Contractor to develop a SWPPP that is compliant with the CGP requirements and integrates with the contractor’s planned construction project’s means and methods.

ODOT’s Approach to NPDES CGP Compliance: Philosophy for Transportation Projects in Ohio


ODOT’s Approach to NPDES CGP Compliance: ODOT’s response – Develop SS 832

• Supplemental Specification 832 – What is it? – These are the

minimum specifications that require contractors to design, install, operate and maintain temporary E/S controls on ODOT construction projects.

– What is it intended to do? - To

establish minimum acceptable standards for temporary E&S implementation on ODOT projects

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– Why is it important? –

This is a permit driven specification and there are risks, fines and enforcement actions should ODOT not comply with these permit requirements completely.


ODOT’s Approach to NPDES CGP Compliance: ODOT’s response – Develop SS 832

How does SS 832 Work? – ODOT files the project NOI through the

appropriate district office. – Contractor provides SWPPP bid item (Lump

Sum). – Contractor SWPPP indentifies how and where

BMPs will be used to comply with the CGP. – Contractor required to file Co-permittee form

with OEPA. – Contractor constructs project w/in constraints of

the contractor designed SWPPP and will ensure compliance with the CGP.

– ODOT provides compensation for standard and properly installed BMPs.

– 832 is an incentive based specification to ensure installation of temporary BMPs.


ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements

832.04 – Requirements and Provisions – Furnish a SWPPP to represent compliance with OEPAs NPDES permit. (SS 832 page – 3, sec. 832.04 ). Locate, furnish, construct/install, and maintain temporary sediment and erosion control BMPs to demonstrate permit compliance (SS 832 page – 3, sec. 832.04).

832.04 – Requirements and Provisions - EDA requirements – Furnish appropriate BMPs for all EDAs. BMP will be compensated provided they are installed and maintained appropriately.

- Appendix D – NOI –Contractor shall review and acknowledge understanding of the OEPA’s construction general permit by way of signing the co-permittee form. Contractor acknowledges his ability to remain compliant prior to submitting NOI.

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Responding to Violations SS 832 Contract Language

• SS 832.04 Requirements and Provisions:

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Responding to Violations SS 832 Contract Language

• SS 832.04 Requirements and Provisions:

CMS- 108.05 – Character of Workers, Methods and Equipment – Provide personnel w/ sufficient skills and experience to perform assigned tasks. ODOT Engineer has the ability to suspend work.

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832.05 – Locate and Furnish BMP – Perimeter controls, Inlet protection, Construction seeding and mulching, construction mulch, Winter seeding and mulching, slope protection, Ditch checks and Ditch Protection, Sediment basins/dams, River stream and water body protection, stream relocations, temporary channels and ditches that carry waters of the US, Concrete washout areas, Construction entrances, Fueling/re-fueling areas .

832.05 (N.) Any other BMPs that are required and not

specifically referenced in Appendix F, will not be paid as a separate item, but will be included by the contractor as part of the total project costs. These may be allowed if determined necessary and agreed to by the ODOT engineer.

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832.06 – Causeway and Access Fills - Fording streams and rivers is not allowed. 401/404 Permits will be evaluated to determine whether or not causeways or access fills have been permitted. If permitted construct as fills per 401/404.

(Special Provisions Hierarchy - Project addendum; Proposal and Special Provisions; Plans; Supplemental Specifications; Standard Construction Drawings. How do you know if a project has Special Provisions?)

• If contractor proposes causeway or access fills which are not permitted then complete the following: • Coordinate request with PE and OES • Proposed plan need to include – plan and profile dwgs,

showing causeway/access fills w/ OHWM. • Volume of temporary fill below OHWM. • Surface area of temp fill below OHWM. • Restoration plan and Time frame for placement/removal.



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• 832.07 – Causeway and Access Fill Construction and Payment – All environmental protection and controls associated with the 401/404 permit activities are incidental to the work within the boundaries of the 401/404 permit or otherwise in the permit application. ODOT will not pay for any causeway or access fills.

• 832.08 – Maintenance - Properly maintain all BMPs. ODOT pays for properly installed BMP maintenance. Maintenance includes the following – removal of sediment, replace of BMPs in the event of a rainfall greater than 0.5”. ODOT will not pay to replace poorly installed, maintained or inappropriate temporary BMPs.

• 832.09 – Storm Water Pollution Prevention Plan – All activity identified by the SWPPP that is not specifically identified as a pay item elsewhere shall be included in the Lump Sum price bid for the SWPPP.

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• 832.10 – SWPPP Acceptance - Furnish initial SWPPP to the Department – for acceptance. Work allowed to begin upon receiving an acceptable SWPPP.

• 832.11 – Inspection and SWPPP Updates - Perform required OEPA NPDES Permit inspections and prepare reports. (Review project inspection certification options).

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DEVELOPING SWPPP LUMP SUM COSTS Key Stormwater Considerations When Bidding on an ODOT Project

Photo: Courtesy of NCDOT 15


ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements – Lump Sum Costs

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• 832.12 – Compensation – Item 832 Each, erosion control will pay for BMP work. Fixed amount shown in the proposal is included as the total bid amount. This is ODOTs estimate of the total cost of BMP work required to be performed for the project. All BMP work will be paid at the proposal pre-determined unit price x the correctly installed number of units. • Lump Sum amount bid for SWPPP includes all work

associated with SWPPP development, design, NPDES required inspections, SWPPP modifications, Reviews/revisions, Updates, amendments and reporting. Any special requirements associated with

watershed specific permit areas shall be included in Lump Sum amount – effluent testing

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ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements: Compensation and Acceptance

Compensation and Acceptance: • Contractor chooses the means and methods AND designs the

SWPPP which identifies the sediment and erosion control strategy to maintain compliance throughout the life of the construction project.

• Require the contractor to develop and maintain the SWPPP (Lump Sum).

• Establish fixed pricing for standard temporary erosion and sediment control BMPs.

• Understanding what should be included in the SWPPP costs.

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ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements: Compensation and Acceptance

Lump Sum Bid Item: Estimated by Contractor

SWPPP Design

Inspections

SWPPP Revisions

Encumbered Amount (Appendix F): Contractor Verifies ODOT Estimate

Materials

Installation/Removal

Maintenance

Repair

For all properly installed/maintained BMPs the contractor is compensated via the fixed pricing schedule.

Should a Notice of Deficiency or violation be issued requiring adding additional temporary controls, the contractor is compensated via the fixed pricing schedule for installing/maintaining these BMPs.

However, if a violation is issued and it is determined that this failure was due to improper installation, then the correction and ancillary NOD or NOV costs are the responsibility of the contractor.

Supplemental Specification 832 Cost Breakout


ODOT’s Approach to NPDES CGP Compliance Supplemental Specification 832 Requirements: Appendix F

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SWPPP Appendix F Information • BMP materials and installation.

• Using a BMP that is not identified in SS 832 Appendix F. • BMP maintenance, repairs, adjustments or replacement BMPs per SWPPP

designer.

• Offsite (i.e., waste/borrow, staging, etc.) incidental to the 832. This includes installation, inspection and maintenance and repair of BMPs,

• Removal of temporary controls – Included as a percentage of the BMP Installation cost.


ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements: Appendix F

• Contractor guides the day-to-day work within the constraints identified in the SWPPP

• Provides a contractual mechanism that places the responsibility for regulatory compliance on the contractor

• And provides reasonable compensation for SWPPP compliance efforts.

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ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements: Appendix F

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ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements: Contract and Compensation Results • Improved submittal/SWPPP design quality • Better coordination between the SWPPP and the

progress of the work

• Increased coordination between sister agencies (ODOT and OEPA)

• Reduced violations

• Reduced – “catch me if you can mentality” – Easier to pay the minimal fine than potentially lose profit

We need to CONTINUE to educate everyone involved so they understand that:

• It is easier to plan and implement the SWPPP than try to fix a violation.

• Construction activities really do impact water quality.

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ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements: Contract and Compensation

Contract escalation provisions (AKA, the teeth)) • Contractor’s responsibility to correct

deficiencies and or violations • Damages, fines and penalties related to

non-compliance can be paid directly through the contract

• Stop work order = default • Suspend all work and compensation until

corrected • Removal of the Superintendent

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Developing SWPPP Lump Sum Costs – Getting Started

Getting Started: • Request electronic copy of plans • Co-permittee form + ODOT NOI form • PE-CPESC Certified designer • CESSWI Certified Inspector • Copy of OEPA authorization letter • ODOT manuals

The Lump Sum Costs shall include all necessary CGP Compliance Activities in bid to appropriately complete the projects SWPPP requirements/activities.

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Developing SWPPP Lump Sum Costs – Getting Started

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Ohio Revised Code requires PE stamp on public design projects valued over $5,000 (ORC 4733.17) forms legal basis for SS 832 to include professional design and approval. “Duly bound to have an engineer design and stamp”.

• CGP requires preparation / administration by qualified professionals.

• SWPPP engineer should be retained for the duration of the project, Lump sum costs needs to include their involvement for the entire project.

• Should the SWPPP engineer not be retained then the contractor is assuming the risk associated with the SWPPP as not being properly prepared and approved by a design professional.


Developing SWPPP Lump Sum Costs: Estimating Inspection Cost

Inspector duties to be included in costs: • Perform Weekly inspections • Document corrections or control deficiencies • Document correction of deficiencies or

recommendations • Communicate with SWP3 PE and ODOT Engineer as

appropriate • Complete thorough and accurate reports • Ensure controls are constructed per plan • Inspect and document install of controls as appropriate • Recommend maintenance and document when

maintenance completed • Verify removal of all temporary controls prior to final

acceptance

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• 832.13 – Method of Measurement - Department

will measure the SWPPP as a lump sum.

• 832.14 – Basis of Payment – ODOT will pay the contract lump sum price for the Storm Water Pollution Prevention Plan and a per BMP cost for each Temporary BMP as identified in the SWPPP. A more detailed discussion of costs and payments will be discussed as part of section 5.

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ODOT’s Approach to NPDES CGP Compliance: Supplemental Specification 832 Requirements: Basis of Payment

SS 832.14 Basis of Payment – Department will pay the contract lump sum for the SWPPP.

• 60% of lump sum payment after ODOT engineer has accepted the SWPPP submission.

• 30% of lump sum payment when project is 50% complete.

• 10% of lump sum payment when project is 90% complete.

• Protection of 401/404 (i.e. Special Provision) project areas not included as part of SWPPP lump sum costs. This also includes inspection of any temporary controls installed in these areas.

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YOUR ROLE WITH DEVELOPING SWPPPs AND PROJECT SWPPP INSPECTION

Process for Developing Appropriate SWPPPs for ODOT Projects

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Understanding your Role

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SWPPP Engineer: Understand your role associated with designing, implementing, operating/maintaining, and reviewing project SWPPPs: – Integrated roles associated with developing an ODOT project

SWPPP: • SWPPP Designer – This person will carry the proper credentials

to design and stamp the SWPPP plans. The certifications required for this role include PE and CPESC.

• NPDES Permit (CGP-Part III E) and ODOT SS 832 Knowledgeable Person – Could be contractor staff, could be third party hired by contractor (SWPPP designer) or other. This person would ensure Co-permittee NOI is completed properly and can address contractor needs related to CGP questions/832/ SWPPP O&M and SWPPP contract language.



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• Understand your role associated with designing, implementing, operating/maintaining, and reviewing project SWPPPs: – Integrated roles associated with developing an ODOT project

SWPPP: • Project E/S Inspector – This person shall be a certified CESSWI

inspector and will be responsible for making weekly and after rainfall events greater than 0.5” inspections and completing the weekly reports. This person will also be responsible for communicating with the SWPPP designer related to failing, non-functioning or BMPs that repeatedly fail and making appropriate maintenance recommendations.

• SWPPP inspector will work under the supervision of the SWPPP engineer.



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• Understand your role associated with designing, implementing, operating/maintaining, and reviewing project SWPPPs: – Integrated roles associated with developing an ODOT project

SWPPP: • ODOT - Engineer (OE) –OE will be responsible for review of the

project SWPPP plan. The OE has the ability to return the SWPPP for corrections. The OE is the person to accept the SWPPP, which allows the contractor to begin work.

• ODOT is placing a renewed focus on SWPPP review and acceptance and providing OE’s training on appropriate SWPPP review information and acceptance guidance.


Understanding your Role − Communicating

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Project SWPPP Communication:

ODOT Construction Administration Central

Office

CESSWI Project

Inspector

SWPPP Designer

Contractor Project Manager/Superintendant

Communication is critical to SWPPP design, implementation, operations/ maintenance, and project success

Project Training Objective - Minimize number of calls and project E&S issues being directed to or received by ODOT Construction Administration.

ODOT PE/PM


ODOT’s Approach to CGP Compliance: What does this mean for the Contractor?

• Bid must incorporate necessary stormwater controls consistent with Contractor’s means and methods.

• ODOT engineer prepares and submits the NOI and NOTs. • PE / CPESC maybe hired by Contractor to prepare SWPPP. • ODOT Engineer reviews SWPPP for acceptance:

– ODOT Office of Hydraulic Engineering currently reviews SWPPPs only in the Big Darby/Olentangy River watersheds.

• No earth disturbing activity may occur until OEPA Notice to Proceed letter is received and ODOT has reviewed and accepted the project SWPPP


ODOT’s Approach to CGP Compliance: What does this mean for the Contractor?

• Contractor must submit appropriate payment information to ODOT at appropriate project completion stages.

• Contractor must conduct appropriate project inspections and prepare / maintain documentation.

• Contractor is required to develop a monthly report for submittal to ODOT on project E&S inspections, corrections, issues and updates to the SWPPP with respect to SWPPP engineer revisions based on inspector working under the SWPPP engineers supervision.

• Contractor must perform and document necessary maintenance and repairs to temporary controls.


EVALUATION Stormwater and Water Quality Regulations

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STUMP THE EXPERT – ASK AN SS 832 QUESTION


Testing your NPDES and SS 832 smarts?

• Q1: Is an NPDES permit needed for Hydro-demo? a. No b. Yes

A1: b.

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• Q2: What CMS section covers disposal of excess material, construction debris and excavation of borrow areas outside of the DOT right of way? a. CMS Section 107.11 b. CMS Section 109.01 c. CMS Section 107.10 d. L&D Section 1117

A2: c CMS pg. 40 – all properties to be utilized by the contractor

outside the project right of way must be cleared for all environmental resource impacts prior to beginning of work

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• Q3: True or False – ODOT projects in urban areas that drain to CSOs do require an NOI? a. True b. False c. Neither A3: b. They do not require an NOI, but require coordination with

the owner of the CSO and written approval giving authorization to discharge

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• Q4: When is ODOT required to launch an NOI? a. For projects less than 1 acre. b. For projects equaling or greater than 1 acre c. For projects between 1 and 5 acres d. For projects greater than 5 acres e. b, c, d f. All the above

A4: e. Currently all projects (non-maintenance) equal to or over

1 acre require an NOI.

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• Q5: True or False – Waste and borrow areas that are not shown on the plans do not require environmental clearance by the contractor? a. True b. False c. Neither A5: b; any area disturbed not shown on the plans or not included

in the original EDA requires separate environmental clearance per CMS 107.10

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• Q6: On the project SWPPP plans where would you look to see if the project has or requires special provisions? a. Cover/Title page b. General Notes page c. Standards drawings d. Quantities page A 6: a – cover page. These need to collected and reviewed prior

to or as part of designing the SWPPP.

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END - MODULE 4 ODOT’s Stormwater Management Program

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module 4: odot’s npdes cgp compliance approach and … · 2013. 3. 1. · module 4: odot npdes...

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