By Maul Foster & Alongi, Inc. and Miller Nash LLP
If you currently have a Construction Stormwater General Permit for your construction project or are planning on applying for one in the near future, several things changed on October 1, 2006:
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You must now have a Certified Erosion and Sediment Control Lead ("CESCL")* present or on call at all times to handle the monitoring, sampling, and recordkeeping requirements of your permit. All weekly inspections and inspections during stormwater discharge must be conducted by the CESCL.
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Sites over five acres or sites with significant concrete work or engineered soils must begin stormwater sampling for turbidity once per week when discharging stormwater from your site. (Sites from one to five acres must begin sampling by October 1, 2008.) All sampling activities must be conducted by the CESCL for your site.
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Sites with significant concrete work (over 1,000 cubic yards) or engineered soils must begin stormwater sampling for pH. Again, the sampling must be conducted by the CESCL for your site.
Remember that sites discharging to waterbodies that are listed as impaired (303-d listed) or that have Total Maximum Daily Loads (or TMDLs) must complete extra sampling. In Clark County, this includes Salmon Creek, Burnt Bridge Creek, Vancouver Lake, Curtin Creek, Lacamas Creek, Round Lake, Lacamas Lake, Shanghi Creek, and Weaver Creek.
(see http://www.ecy.wa.gov/programs/wq/stormwater/construction/impaired.html)
*A CESCL is someone who has specific technical training in erosion control, stormwater sampling, and monitoring and maintenance of stormwater best management practices. A CESCL must obtain certification through a course approved by the Washington Department of Ecology ("Ecology"). Ecology maintains a list of such approved courses on its web site at http://www.ecy.wa.gov/programs/wq/stormwater/cescl.htm.
For additional information, please contact Steve Hill at Miller Nash llp at (360) 699‑4771, or Alistaire Clary at Maul Foster & Alongi, Inc., at (360) 694-2691.