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Construction Stormwater Compliance

Stormwater runoff is rain or snowmelt that flows over land. As stormwater moves across surfaces, it picks up trash, debris, and pollutants such as sediment, oil and grease, and pesticides. Soil exposed by construction activities is especially vulnerable to erosion. Even during a short period of time, a construction site can contribute more sediment to a stream than would be deposited naturally over decades. Excess sediment can cloud the water, reducing the amount of sunlight reaching aquatic plants, clog fish gills, and smother aquatic habitat and spawning areas.

Compliance Management Program

In 2018, as part of a consent agreement with the U.S. Environmental Protection Agency, PennDOT agreed to implement a Compliance Management Program (CMP) for dealing with construction stormwater runoff. The program applies to any project that is required to obtain coverage under a National Pollutant Discharge Elimination System (NPDES) Permit for Stormwater Discharges Associated with Construction Activities.

The CMP contains five primary elements:

1. Stormwater Inspection Training

A key element of the CMP is to train and certify personnel to conduct construction stormwater inspections. PennDOT developed and offers construction stormwater inspection training to department employees and consultant inspectors. The purpose of this training is to emphasize the importance of erosion and sediment pollution control and to improve the effectiveness of visual site inspections. Done correctly, site inspections reduce the potential for pollution, minimize PennDOT's and contractor's exposure to risk associated with stormwater pollution, and ensure PennDOT is compliant with the applicable permits. The training covers a variety of subject matter dealing with the construction, inspection, maintenance, and potential compliance issues related to erosion and sediment pollution controls (E&S controls) on PennDOT projects. It is self-paced, web-based training that can be accessed through the Training Calendar.

2. Stormwater Self-Audit Program

The Stormwater Self-Audit Program is a three-tiered quality control process for construction stormwater inspections. Each level is performed by different people to ensure a comprehensive and impartial evaluation.

Field inspections are the visual site inspections required by the NPDES permit. These are normally performed by the inspector-in-charge or a designee using PennDOT's VSIR mobile application on an iPad or tablet. These must be completed weekly and after each measurable stormwater event (which DEP defines as 0.25 inches of rainfall).

District self-inspections are the same as field inspections except they are performed by trained personnel other than those assigned to project's field inspections. At least one is completed for each active construction project per construction season.

Stormwater self-audits are performed by trained personnel other than those assigned to field and/or self-inspections. These inspections are normally carried out by the Central Office Construction Quality Assurance Section. At least one is completed for each active construction project per construction season.

3. Compliance Response Policy

The Compliance Response Policy documents actions to be taken by PennDOT personnel, consultants, and contractors in response to documented violations or recurring compliance problems. It covers multiple categories of deficiencies including:

  • Events or actions that result in the significant discharge of pollutants.
  • Events or actions that could result in the significant discharge of pollutants.
  • Evidence that the contractor has failed to comply with the approved ESPC Plan.
  • Any county conservation district concerns regarding design or construction of BMPs.
  • Or failure to perform weekly or rain-triggered inspections.

The policy defines the process for directing corrective action responses and timeframes for each defined category of violation. If the contractor does not follow the documented corrective action or timeframe, there are actions that PennDOT can take against the contractor for non-compliance. The policy also defines an escalation process for circumstances in which a contractor has repetitive or chronic non-compliance issues.

4. Stormwater Compliance Data

PennDOT sends regular reports to EPA on the status of all its active construction projects with an NPDES permit. To aid in stormwater compliance data organization and reporting, PennDOT implemented an electronic tracking system.

5. Public Information Portal

This webpage and the resources linked to it constitute the public information portal. Below is a list of information that is provided for all projects with an NPDES (construction stormwater) permit that were active as of Aug. 31, 2020. Project information will be updated approximately once every three months.

  • County
  • State route
  • ECMS number
  • NPDES permit number
  • Dates of NPDES permit submission and approval/authorization
  • Date of the start of earth disturbance activity
  • Date and type of permit modification (if applicable)
  • Dates of Notice of Termination (NOT) submission and approval
  • Date(s) of Regulatory Agency inspections where deficiencies were identified
  • Date(s) of completion of the associated corrective actions
  • Date(s) of compliance actions against PennDOT from Regulatory Agencies