December 1, 2010

UPDATE! Don't Get Fined in This Year's Big Storms!

November ended with significant rain fall events. Flooded sites can create expensive consequences.

California’s State Water Resources Control Board has issued new regulations. Effective July 1, 2010, all dischargers are required to comply with Construction General Permit Order 2009-0009-DWQ (the Order) adopted on September 2, 2009.

This means that dischargers whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the Construction General Permit.


The following are some of the more significant changes in the Order:

Minimum Storm Water Pollution Prevention Plan (SWPPP) Requirements: Previous Best Management Practices (BMPs) that were required as elements of the SWPPP or suggested by guidance are now imposed as requirements.

Rain Event Action Plan: This Order requires certain sites (Risk Level 2 and 3 dischargers) to develop and implement a Rain Event Action Plan (REAP) that must be designed to protect all exposed portions of the site within 48 hours prior to any likely precipitation event.

Annual Report: The Order requires all projects that are enrolled for more than one continuous three-month period to submit information and annually certify that their site is in compliance with these requirements. The primary purpose of this requirement is to provide information needed for overall program evaluation and pubic information.

Certification/Training Requirements for Key Project Personnel: The Order requires that key personnel (e.g., SWPPP preparers, inspectors, etc.) have specific training or certifications to ensure their level of knowledge and skills are adequate to ensure their ability to design and evaluate project specifications that will comply with General Permit requirements.

To avoid fines during this year’s El Niño, make sure you’re in compliance with California’s latest storm water regulations.

For more information on storm water regulations and compliance issues, email us at or call (949) 453-8085.

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