Water Quality and Supply Issues Monthly Update-NOV 2022
November finds us laser-focused on the recent renewal of the Construction General Permit (CGP) for stormwater, which was adopted on September 8, 2022, by the California State Water Resources Control Board (State Water Board). The newly adopted permit goes into full effect on September 1, 2023. Projects already permitted at that time will have 2 years to complete work under the existing permit, in effect since 2012.
Based on direct input from the construction industry, the State Water Board made several changes to the CGP at the very last minute before adoption, which was just recently finalized and published for public review.
And, with the CGP renewal comes new requirements for construction site erosion and sediment control best practices training for workers and consultants, who assist project owners and developers comply with the permit. CICWQ was tabbed by the State Water Board to prepare two training modules addressing key changes in the permit for job site training requirements and construction site stormwater runoff monitoring procedures.
Finally, in November CICWQ is presenting at the Select Conference on Industry Litigation, which is hosted annually by the California Building Industry Association and the Building Industry Legal Defense Foundation. CICWQ will be covering its three-year effort advocating for the construction industry during the CGP renewal process and focusing on its role in pushing for major changes in the approach the State Water Board used for incorporating Total Maximum Daily Load (TMDL) and numeric performance requirements into the CGP.
WATER ISSUES WORTH YOUR TIME IN NOVEMBER
1) State Water Resources Control Board – Construction General Permit Renewal Documents Available On-line
To access the entire record of the Construction General Permit adoption process visits the State Water Resources Control Board’s website. All items related to the Construction Stormwater Program are available for viewing and download under the "Announcements" section.
The 471-page adopted permit (also referred to as the Order), including all attachments and an extensive Fact Sheet, is available in PDF format for viewing or download.
2) CICWQ on the Construction General Permit Training Team – TMDL Compliance Training and QSP Designee Training Module Development
One of the primary functions of CICWQ is to provide water quality compliance training and education to the Construction Industry and related stakeholders working in the private and public sectors. As part of the Construction General Permit Training Team (administered by California Stormwater Quality Association – State Water Board – Sacramento State Office of Water Programs) CICWQ was asked to produce two new training modules, which are a required element of the newly adopted CGP, specifically for permit refresher training.
Russ Foster, Director of Environmental Compliance from J.F. Shea Co., Inc. is developing the QSP designee training, which is now required for all existing QSDs and QSPs in California as part of the refresher training requirement. Mark Grey, Principal Technical Director at CICWQ, is developing the new TMDL Compliance module.
Combined, there will be 17 different CGP refresher training modules covering general permit requirements, responsibilities, and best practices changes including TMDLs and using the RUSLE 2 model. Look for final versions of the training in the coming months and announcements on dates and times of available training sessions.
3) CICWQ Presentation at Select Conference on Industry Litigation, November 19-20, 2022
Starting more than three years ago, CICWQ assembled an expert legal and technical team on behalf of the construction industry to evaluate available and feasible approaches for meeting numeric limits as proposed in the renewal of the Construction General Permit for stormwater. Paramount importance in this effort was identifying the available and relevant scientific data to support the water quality effluent limit setting process for pollutants identified in a TMDL or in the California Regional Water Quality Control Board basin plan.
This presentation highlights the legal and technical evaluation done to examine the consequences of potentially complying with a TMDL at the point of discharge from a construction site using numeric limits as proposed by the State Water Board. And it includes a summation of evidence presented on the record between 2020 when the permit was first released as a preliminary draft and the final permit adoption hearing held on September 8, 2022.
