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Last century many companies were careless and often negligent when it came to runoff, prompting Congress to create newer, stricter standards. Today, anyone who disturbs an acre or more of soil or generates significant runoff is subject to federal and local restrictions.
In June 1969, Ohio’s Cuyahoga River caught on fire. Back then, rivers often served as sewers for flammable industrial and other waste. Local authorities were generally powerless against the polluters as there were few legal restrictions in place.
After the incident, images of this flaming river shamed the nation. Randy Newman immortalized the event in his song, “Burn on Big River.” Spurred to action, Congress created the Environmental Protection Agency (EPA) and passed the Clean Water Act (CWA).
Today, contractors and developers pay big fines when inspectors and neighbors note significant runoff. In July, a St. Louis, Mo. construction company (and various contractors) were hit with $590,000 in EPA-mandated fines when runoff left construction sites.
Who knows what could happen to you and your business if you’re found responsible. Obviously, it pays to comply with the rules.
The Clean Water Act is a complex law that regulates “discharges into waters of the U.S.” The law requires that water discharges be done under a federal permit, administered under the National Pollutant Discharge Elimination System (NPDES).
As mandated by the federal Act, construction sites of an acre or more are required to gain coverage under a general construction permit. The site conditions and information specific to each project are addressed in a document called a Stormwater Pollution Prevention Plan (SWPPP).
Significant monetary fines exist. Anyone contributing to environmental pollution may end up sharing a part of the fine. Regulators prefer to be “compliance assistors,” but when they respond to a citizen’s complaint of an illegal discharge, their attitude may be, “the learning curve is over; when is this stuff going to end?”
Fine amounts have been growing recently, as have the inclusion of lower-tier subcontractors in citations.
Landscape contractors will discover that their activities are regulated by two different permits: a municipal MS4 (municipal stormwater) permit and a construction permit.
MS4 permits require local authorities to monitor commercial operations for activities that may be contributing to pollution. One example would be landscape contractors who store broken bags of fertilizer without protective covers, allowing flow to creeks, lakes and oceans. So, landscapers need to monitor their yard, vehicles and jobsites for ways to eliminate or reduce activities and practices that contribute to pollution.
Landscapers who work on projects disturbing an acre or more are required to operate under a State General Construction Permit. Site-specific guidance is contained in the project’s SWPPP. The SWPPP document is required to be onsite for official review. Information on SWPPPs is outlined below.
Individual states enforce the federal Clean Water Act, but are free to add stricter rules. Additionally, local ordinances exist which are far stricter than federal or state laws. Every landscape contractor should contact local officials to find out what rules may apply. Supervisors can check local stormwater web sites or call county and city planning departments.
California maintains a program of identifying what pollutants are impacting the waters and what human activities contribute to those pollutants: agriculture contributes sediment, pesticides, nutrient runoff etc; livestock operations contribute bacteria; transportation departments contribute heavy metals from brake wear, hydrocarbons from oil drips etc. It’s at this point that solutions for preventing pollution releases to the waters need to be developed; in the same way that farmers needed to learn during the dust bowl days to plant windrows of trees to prevent erosion from wind.
Public sector interests such as the EPA and private sector interest such as home building associations have developed products and practices to minimize or eliminate pollutant discharges. These are called BMPs (Best Management Practices). Some examples of product BMPs are silt fence, erosion control blankets, hydroseeding, gravel bags at drain inlets and storage containers for preventing rain from coming in contact with chemicals. These are sometimes referred to as “structural BMPs”. “Non-structural BMPs” are good habits or practices or strategies. Some examples are doing routine vehicle maintenance under controlled shop conditions rather than on a construction site, educating employees on stormwater issues upon hire and specifically as jobsite issues arise, and scheduling soil disturbing activities to the dry season or between storms and stabilizing the ground as soon as possible to prevent erosion from rain and wind. BMPs are also divided into categories of “temporary” or “permanent”. Temporary straw applications are used until permanent sod is installed.
Generally, regulators do not require that specific BMPs must be used and as such, operators are obligated to select the BMPs that will be most effective for their operations. Selecting these BMP solutions can be challenging as one site may differ greatly from the next. While regulators expect results over specific BMPs, through time, certain BMPs have gained acceptance in the Stormwater Industry for delivering results and are now expected to be standard procedure: i.e. do not place a portable toilet on top of a drain inlet. Use a 50 foot buffer zone in case of leaks or spills during servicing. To this end, many different agencies and associations across the country have developed manuals of BMPs. Sharing and borrowing has generally been common. This has bettered the industry and minimized the need to “re-invent the wheel”.
Landscapers, as members of the green industry, should have a special dedication to water quality. Landscapers need to know the law, know how their operations can release pollutants, manage their activities and employees, and know about, use and protect BMPs. Be proactive, not reactive. Being compliant and making a difference doesn’t always mean spending dollars. Sometimes it’s just a matter of having pride in what you do.
For landscapers, the operations yard and the construction site are both areas of concern.
At the operations yard , the following Best Management Practices (BMPs) should always be employed:
1. Material usage: Keeping chemicals, auto fluids, etc… under cover of roof or tarp, and elevated if flowing rainwater may come in contact with them. They should be contained with dikes on the perimeter in case spills occur. Having a spill response plan and materials (absorbents) available and staff trained on using them is another part of the BMP.
2.Waste management: Proper disposal of wastes, using dumpsters with lids that are kept closed, preventing rain from leaching pollutants from materials stored in truck beds.
3. Equipment and vehicle maintenance: Preventing spills, repairing leaking equipment etc.
4. Education is a BMP too: Train your people.
On a construction site, landscape crews should be familiar with the SWPPP and the BMPs for that site. The SWPPP is the master plan and is usually composed of a binder and drawings. The binder will include required forms, site info, inspection reports, responsible persons, all the subcontractors on site, the selected BMPs, and additional information. The drawings will show locations for the BMP. Here are some typical BMPs found in a construction site SWPPP.
1. Stockpile management: covering stockpiles and protecting from storm flow erosion at the base. This includes keeping materials out of the gutter flow zone.
2. Street sweeping: sweeping at day’s end, or more often if needed, since sediments can migrate off site via vehicle tires.
3. Material usage: same as for the operations yard.
4. Erosion control: quality landscaping is erosion control. If the landscape is not done, stabilize exposed soil with straw, blankets, plastic sheeting and other BMPs.
5. Wind erosion control: use water or physical cover (blankets, etc…) to prevent wind erosion. The local air quality agency and the neighbor with a clean pool frown on such erosion. Contact the local agency for additional requirements.
6. Sediment control: preventing all erosion is not always possible on an active site with exposed soil, so sediment control measures are used. Gravel bags, fiber rolls, silt fence, sediment ponds, are meant to remove sediment that has mixed with water. A common misconception is that these measures filter out sediment as water passes through the silt fence, for example. While some amount of filtering may occur, all good filters clog and so these measures primarily are meant to work by ponding the water. Successful installation means building a water retaining structure. Heavier sediments, such as sand, settle out of the water. The longer water can stand still behind a straw roll, the better the chance that sediments will separate (via the process of settling) from the water with which it is mixed.
7. Non-stormwater: If it doesn’t rain and there is a discharge, it is a non-storm discharge. It is very common on construction sites to have significant amounts of runoff leaving new landscapes that are being over-watered by irrigation systems that are still being calibrated. This runoff can go unnoticed during non-rainy days even though pollutants are picked up en route to the gutter.
8. Non-structural: a. Scheduling: avoid working on disturbed soils in the rain if you cannot prevent sediment-laden discharge from leaving the site. b. Protecting existing vegetation: limit the areas to be disturbed and protect the roots of heritage trees. Use fencing (orange) to protect Environmentally Sensitive Areas (ESA). c. Education: inform your field and office staff concerning stormwater issues. When the person answering your phone knows key words and concepts, trust between your company and enforcement agencies grows.
The following procedures are good to keep in mind at storage sites and job sites.
1. Locate and protect discharge points on the property (drain inlets, gutters flowing off site) and keep operations away from them or a keep buffer zone in case spills occur. Do not store soils, materials, etc… in the gutter where flows will carry off material. Avoid using leaf blowers to push debris into drain inlets.
2. Become knowledgeable in the proper selection and installation of products and materials for erosion and sediment control (ESC). Misunderstanding and misapplication is incredibly common and reflects poorly on the industry; the resulting pollutant discharges might be greater than having done nothing!
3. Don’t damage the BMPs others have installed. Use them where appropriate. Cement washouts are not a place to throw solid waste, including concrete rubble.
4. Use appropriate irrigation designs to reduce the potential for erosion and pollution runoff.
5. Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of chemicals and training of applicators and pest-control advisors:
a. Follow manufacturers’ recommendations and label directions.
b. Use pesticides only if there is an actual pest control problem (not on a regular preventative schedule). When possible, use less-toxic chemicals that will get the job done with the minimum amount necessary.
c. Never apply chemicals during or immediately before predicted rain or wind events, or anytime when wind exceeds 5 mph.
d. Do not mix or prepare chemicals for application near storm drains.
e. Do not apply any chemicals directly to surface waters unless the application is approved and permitted by the state. Do not spray within 100 feet of open waters.
f. Use methods to minimize off-target application (e.g. spray drift), including consideration of alternative application techniques.
g. Sweep pavement and sidewalks if chemicals are spilled. Do not hose spills down the gutter.
h. Store all chemicals in closed, labeled containers and keep them off the ground.
i. Properly dispose of used chemical containers and excess chemicals.
One way to supplement your revenue stream is to contact local government agencies and property owners in fire-prone areas to offer your services eliminating fuel sources. After a fire, knowledge of erosion and revegetation techniques can also add to your bottom line.
These techniques can be divided into two categories, those using man-made materials and those relying on plants. The best choice depends on the degree of slope, soil type, availability of irrigation, cost, and risk of large-scale slope failure. Another factor is the ability to channel runoff away from the slope and thereby reduce the erosion potential.
Where landslide threat is imminent or when soils on slopes are overly saturated, this temporary method separates rain drops from the soil entirely. The plastic must be anchored above the top of the slope so runoff cannot travel underneath the street. Attach the top edge per anchor trench diagram. Use only heavy-gauge plastic and stake along all edges to avoid tearing by wind. A disadvantage is that as long as the plastic remains in place it prevents erosion control plants from growing.
This is the most widely-used immediate erosion control method because it is totally organic, inexpensive, widely available, and easy to transport in neat bale form. Straw mulch not only protects the soil from surface erosion but acts as a filter for sediment. If the slope is to be seeded, broadcast the seed before you apply the straw mulch. Distribute the straw mulch. Distribute the straw in an even layer at least 3 inches thick but loose enough to still see the soil beneath. Estimate approximately 2 tons per acre.
Unless the straw is anchored it will not remain in place for long. If the soil is moist, the straw can be forced or “punched” into the soil, which later hardens as it dries to retain the straw. Small areas can be punched with a shovel by simply pushing the blade down into the earth so many of the straw ends stand upright. Cover the entire slope this way. If the soil is soft enough, just walking back and forth on the straw with stiff boots will suffice.
To further anchor straw mulch on very steep slopes or those subjected to wind or excessive runoff, lay a secondary covering of matting over the top. You can use jute mesh pegged down securely at regular intervals and around the edges. It will eventually decompose so you need not remove it later on. Other commercial products such as plastic netting will also suffice.
This widely available netting is made of jute, the organic component in many coarse ropes. To be effective it should be laid upon a seeded slope first covered with a mulch layer of straw, peat, wood chips, or hydromulch. It is sometimes used without the mulch but is much less effective that way. Special U-shaped anchor pins may be purchased to hold the edges and at intervals down the middle of each panel. Secure the top edge with an anchor trench.
Undyed jute is completely organic in origin and will eventually decompose.
There are many new products called geotextiles that have proven to be excellent erosion control materials for difficult slopes. They are woven of space-age fibers and do not readily decompose, thus providing more long term slope stabilization. But like any product they have benefits and problems, such as high cost factors. Before investing in a new geotextile product, consult with a civil engineer or other expert to be sure it is the most effective solution to your erosion control problems.
After the devastating 1993 Laguna Canyon, Calif. fire, lines of straw bales were placed against the slopes to prevent sedimentation from filling the streets of Laguna Beach. They act like giant brushes filtering sediment out of the moving water and slowing its descent down the canyon walls. Wire-bound bales are valuable as temporary measures in drainage ditches, canyons, swales and areas where volumes of water and accumulations of silt are expected to be concentrated. The bales are arranged nose-to-tail in a row perpendicular to the expected flow of water.
Diversion ditches are very effective small trenches that can channel water away from critical areas. Often water runs down many acres of watershed before it flows onto a site. Rather than allowing the site to take the brunt of this accumulated runoff, a diversion ditch can be dug across the slope to pick up water and direct it to the side and then down both edges of the site. Diversion ditches may be used for both small-and-large scale applications and are simple to dig by hand.
A Serene Escape in Uptown Charlotte
Raleigh, North Carolina
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
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