Sustainable Land Development Today - February 2008 - (Page 14) EROSION CONTROL The impact on a down stream lake from residential development upstream. File Photo: Schulten Ward & Turner, LLP. • Be the tortoise, not the hare - By far the biggest source of erosion and sedimentation problems is the failure to adequately maintain installed BMPs. It is often not sufficient to simply hire someone to cover maintenance and then assume it is being done correctly. Proper maintenance is daily and on-going for the life of the project. Temporary emergency measures taken after a problem arises are not only ineffective, but akin to “putting lipstick on a pig.” A slow, steady approach of maintaining constant, diligent maintenance will pay far more dividends in actual erosion control and soil retention than even the fastest emergency response. • Get your permits – Keep in mind that a construction stormwater permit does not necessarily cover all impacts from site development. Competent environmental counsel should be consulted to determine if any other permits are needed, or if there are any areas of concern for which other protections exist as related to the project. What Does the Future Hold? At this time, it does not appear that the EPA intends to make any significant changes to the scope or threshold of coverage for the construction stormwater NPDES permit. However, stormwater compliance and enforcement has been designated by the EPA as a priority for 2008-2010 at the national level meaning that the EPA intends to step up compliance monitoring and enforcement actions in this area. The three areas of specific focus for stormwater enforcement are residential construc- tion, big-box store construction and ready mix concrete with sand and gravel operations. Moreover, USEPA has announced a separate plan for more frequent inspections of sites with stormwater permits beginning in fiscal year 2009 (October 2008). Due to the large number of potential sites to inspect, the intent is to increase the scope and frequency of site inspections, with the initial focus on permitted sites near impaired waters, and sites without proper permits. In both instances, the EPA expects the states to participate cooperatively on its enforcement and increased inspections. Additionally, the EPA expects the states to further expand on both by taking similar actions with respect to sites that the EPA does not cover. As a result, it is certain that even greater attention will be paid to erosion and sediment control in the short term due to the enforcement priority, and over the long term though increased inspections. Such increased scrutiny is sure to increase public awareness. As such, a corresponding rise in citizen enforcement or suits seeking damage compensation can be expected. Anyone undertaking projects in this rising climate of enforcement would be wise to consult a competent and experienced engineer or environmental lawyer who has specific experience in erosion and sediment control issues. SLDT About the author: Martin A. Shelton, Esq., is a partner with Schulten Ward & Turner, LLP., of Atlanta, Georgia. He is the founder of the firm’s environmental practice group. Circle 156 or www.SLDTonline.com/webcard 14 February 2008 Sustainable Land Development Today http://www.invisiblestructures.com http://www.invisiblestructures.com http://www.SLDTonline.com/webcard
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