Construction site operators must direct the SWPPP’s preparation and implementation and apply for NPDES permit coverage for the storm water discharges

EPA’s Construction General Permit (which applies only where EPA is the permitting authority) defines operator as any party that:

• Has control over the construction plans and specifications and/or

• Has day-to-day operational control of the site, including activities necessary to implement the SWPPP

Regardless of whether or not the operator is a corporation or governmental entity, someone must direct the SWPPP’s preparation and implementation and apply for NPDES permit coverage for the storm water discharges. In most cases, this will be a high-level official, such as a corporate officer, manager or elected official, or a principal executive officer. For specific instructions, refer to the appropriate NPDES storm water permit.

Multiple Operators

In many instances, there may be more than one party at a site performing tasks related to operational control and more than one operator may need to submit an NOI.

Depending on the site and the relationship between the parties (e.g., owner, developer, general contractor), there can either be a single party acting as site operator and consequently responsible for obtaining permit coverage, or there can be two or more operators all needing permit coverage.

Exactly who is considered an operator is largely controlled by how the owner of the project chooses to structure the contracts with the contractors hired to design and/or build the project.

The following are three general operator scenarios (variations on any of these three are possible, especially as the number of owners and contractors increases):

• Owner as sole permittee. The property owner designs the structures for the site, develops and implements the Storm water pollution prevention plan, and serves as general contractor (or has an on-site representative with full authority to direct day-to-day operations). The owner may be the only party that needs permit coverage under these circumstances.

Everyone else on the site may be considered subcontractors and might not need permit coverage.

·         Contractor as sole permittee. The property owner hires one company (i.e., a contractor) to design the

 project and oversee all aspects of the construction project, including preparation and implementation of the SWPPP and compliance with the permit (e.g., a turnkey project). Here, the contractor would likely be the only party needing a permit. It is under this scenario that an individual having a personal residence built for his own use (e.g., not those to be sold for profit or used as rental property) would not be considered an operator. However, individual property owners would meet the definition of operator and may require permit coverage if they perform general contracting duties for construction of their personal residences.

• Owner and contractor as co-permittees. The owner retains control over any changes to site plans, SWPPPs, or storm water conveyance or control designs; but the contractor is responsible for overseeing actual earth disturbing activities and daily implementation of SWPPP and other permit conditions. In this case, which is the most common scenario, both parties may need to apply for permit coverage.

However, you are probably not an operator and subsequently would not need permit coverage if one of the following is true:

• You are a subcontractor hired by, and under the supervision of, the owner or a general contractor (i.e., if the contractor directs your activities on-site, you probably are not an operator)

• The operator of the site has indicated in the SWPPP that someone other than you (or your subcontractor) is reponsible for your activities as they relate to storm water quality (i.e., another operator has assumed responsibility for the impacts of your construction activities). This is typically the case for many, if not most, utility service line installations.

In addition, owner typically refers to the party that owns the structure being built. Ownership of the land where construction is occurring does not necessarily imply the property owner is an operator (e.g., a landowner whose property is being disturbed by construction of a gas pipeline). Likewise, if the erection of a structure has been contracted for, but possession of the title or lease to the land or structure does not to occur until after construction, the would-be owner may not be considered an operator (e.g., having a house built by a residential homebuilder).

Transferring Ownership

In many residential developments, an overall developer applies for the storm water permit coverage, conducts grading activities, and installs the basic infrastructure (e.g., utilities, roads). Individual lots are then sold to builders who then construct the houses.

Unless the developer is still responsible for storm water on these individual lots (which is typically not the case), it is likely that the builder will need to apply for NPDES permit coverage for storm water discharges during home construction.

Subcontractors

It is typically a good idea to include specific contract language requiring subcontractors to implement appropriate storm water controls. Subcontractors should be given SWPPP training on appropriate BMPs and requirements in the SWPPP and should not disturb or remove BMPs. Some contractors will include specific penalties in subcontractor agreements to ensure subcontractors do not damage or remove BMPs.

Author - Bio

You are required to develop your SWPPP to address the specific conditions at your site and keep it up-to-date to reflect changes at your site both for your use and for review by the regulatory agencies responsible for overseeing your permit compliance. Quest Consultants specialize in providing Stormwater pollution prevention plan (SWPPP) Services as well SWPPP training to its client. To know more, visit our http://www.questepa.com.