Common Stormwater Violations at Construction Sites

Of the various environmental regulations imposed on the construction industry (NAICS 23), stormwater rules present the greatest compliance challenge. EPA's enforcement and compliance history database (ECHO), shows that over 40% of environmental rules violations are related to Clean Water Act regulations and most are specific to stormwater. This section of CICA identifies the specific nature of the most common stormwater violations with links to resources that can help prevent their occurrence. In addition to the ECHO database, information was gleamed from state agency and private industry documentation.

1. Failure to Implement SWPPP. Construction site operators engaged in clearing, grading, and excavating activities that disturb 1 acre or more, including smaller sites in a larger common plan of development or sale, must obtain coverage under a stormwater permit issued by US EPA or a state environmental agency.  A fundamental permit requirement is the stormwater pollution prevention plan (SWPPP). The SWPPP identifies all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges, describes practices to be used to reduce pollutants, and helps assure compliance with the terms and conditions of the permit. US EPA developed the Construction Stormwater Pollution Prevention Plan (SWPPP) Template to help operators develop a SWPPP that is compliant with the minimum requirements of the 2022 Construction General Permit (CGP).

The federal CGP is only applicable to a few states (Massachusetts, New Hampshire, and New Mexico), where EPA is the permitting authority.  For all other states, the SWPPP requirements are like the federal requirements, but there may be some variation. The SWPPP requirements for each state are spelled out in the general stormwater permit issued by your state agency.

SWPPP violations are typically identified by inspectors while conducting site visits referred to as "Construction Stormwater - Reconnaissance without Sampling." These inspections assess compliance with the permit, including the SWPPP. The most common SWPPP violation is failure to implement specified best management practices (BMPs, e.g., installation of silt fence) or failure to inspect and document control effectiveness. Some SWPP infractions are covered in greater detail below with links to more information, including design parameters.

2. Missing or Improper Vehicle Track-Out Controls. Construction track-out controls minimize the amount of sediment leaving or being tracked out from the construction site as dirt, mud or other sediment attached to vehicles. They are typically the first BMP installed on a construction site. The most used track-out control is a pad of gravel/rocks at the exit point of a site. As a vehicle drives over the pad, the pad removes mud and sediment from the tires/wheels and reduces soil transport off the site. Other methods include washing stations and shaker racks. Track-out controls are usually required anywhere construction traffic leaves or enters a construction site. Inadequate controls can be cited for their design (length/depth of gravel), poor maintenance, or their lack of effectiveness (soil tracked onto paved surfaces). More Information on Vehicle Track-Out Controls.

3. Missing or Inadequate Perimeter Controls. Perimeter controls intercept runoff and settle out sediment while allowing water to run through. When perimeter controls are missing or ineffective, stormwater carries sediment off site and into water courses, such as streams and lakes causing the degradation of aquatic habitats. There are various controls used for this purpose, the most common being silt fencing. A silt fence is a temporary sediment barrier made of porous fabric. It's held up by wooden or metal posts driven into the ground, so it's inexpensive and relatively easy to remove. Silt fences must be regularly inspected and maintained. Heavy rains/runoff may knock down fences or cause them to be overburdened with silt. Other common perimeter controls include straw or hay bales, brush barriers, check dams, filter berms, and sediment traps.

4. Missing or Inadequate Storm Drain Inlet Protection. Storm drain inlet protection controls prevent soil and debris from entering storm drain inlets while allowing water to pass. These controls are usually temporary and allow storm drain inlets onsite to remain operational prior to permanent site stabilization. A common method of control is a fabric drop. This consists of a barrier of porous fabric around an inlet that creates a shield against sediment while allowing water to flow into the inlet. This barrier slows stormwater while catching soil and other debris. If water levels are high enough, water should be able to overflow into the inlet leaving settled sediment behind. Another common method of protecting storm drains is a compost filter sock.  

5. Discharges of Prohibited Pollutants. The Construction and Development Effluent Guidelines are a set of federal regulations that apply to all construction sites that are subject to NPDES permit requirements (generally, sites with one or more acres of land disturbance). Among other requirements, the effluent guidelines prohibit certain specific discharges:

   • Wastewater from washout of concrete, unless managed by an appropriate control;
   • Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials;
   • Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
   • Soaps or solvents used in vehicle and equipment washing.

Of these potential violations, concrete washout is the most common. It occurs when the chutes of ready-mix concrete trucks and related equipment (e.g., wheelbarrows, pumps/piping, hand tools) are cleaned on-site to prevent hardening of residual concrete. Wash water from cleaning of motor, plaster, and stucco equipment have similar characteristics and are also commonly cited for violations.

Best management practices for concrete washout focus on collecting and retaining the wastewater in leak proof containers and recycling the water and solids. Various approaches to managing these materials can be found in an EPA published document: Stormwater Best Management Practice, Concrete Washout.

6. Improper Waste Management. Construction staff must manage and dispose of building materials and other construction site wastes to reduce the risk of pollution to stormwater. Practices such as trash disposal, recycling, and proper material handling can reduce the potential for stormwater flow to mobilize construction site wastes and contaminate surface or ground water. More Information on Waste Management. 
   
   
   
   
   
   

7. Improper Materials Storage. Proper materials storage makes good economic sense for construction companies due to the high costs of raw materials, tooling and supplies. Also, there are some regulatory considerations, especially regarding hazardous materials (e.g., paint, solvent, and adhesives) and petroleum products. Failure to properly store these materials dramatically increases the probability that they will end up in local waterways.

Permit requirements for hazardous materials storage may include protection from weather, proper labeling, and fire protection. Covering hazardous materials and areas where such materials are handled reduces potential contact with stormwater and wind. For larger construction projects, a centralized storage area will facilitate inventory management and reduce the risk of materials being misplaced, stolen or damaged.

A related topic is spill prevention and control. Most state construction general permits and EPA's CGP require that stormwater pollution prevention plans identify measures to prevent, contain, clean up and dispose of material leaks or spills. 

For larger sites, the spill prevention, control and countermeasure rule (SPCC rule) applies when a site has a total aboveground oil storage capacity greater than 1,320 gallons. These regulations require the owners and operators of facilities to prepare and implement spill prevention plans to avoid oil spills into navigable waters or adjoining shorelines. SPCC plans must identify operating procedures in place and control measures installed to prevent oil spills, and countermeasures to contain, clean up, or mitigate the effects of any oil spills that occur. The plan must be updated as conditions change at your construction site.

8. Missing or Inadequate Soil Stabilization. This refers to a set of controls that reduces soil erosion both during and post construction by protecting bare soil surfaces from displacement by rain and water flow. Such controls are specified in SWPPPs and closely monitored by inspectors. 

Geotexties/mats/netting, temporary seeding and mulches are commonly used during construction. Geotextiles may serve as temporary protection for exposed soils, e.g., as a cover for active piles of soil that construction staff have stored for future use. Temporary seeding on a construction site involves planting fast-growing annual grasses to stabilize disturbed areas and control erosion until permanent vegetation or other stabilization methods can be established. Mulching is advisable and most effective when sites use it with seeding or vegetation. In addition to stabilizing soils, mulching can reduce stormwater velocity and improve infiltration. For areas with steep slopes or highly erodible soils, several options provide greater stability, including mulch matting and netting. 

Sodding and permanent seeding are most often used for post construction stabilization. Sodding can provide immediate vegetative cover for critical areas and stabilize areas where seeding is not an option. Seeding is well-suited to areas where permanent, longlived vegetative cover is the most practical or most effective method of stabilizing the soil. These include roughly graded areas that construction staff will not regrade for at least a year.