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Web posted Sunday, June 1, 2008

Tired of fines, contractors get classes on storm permits

By Carly Horton
Alaska Journal of Commerce

It all adds up: $50 here, $100 there, and Alaska's commercial and residential builders were starting to complain.

Contractors were being charged with fines ranging from $50 to $4,000 for first-time offenses for failure to comply with the Environmental Protection Agency's national pollutant discharge elimination system storm water permit.

Most contractors are unaware they are violating the terms of the permit, said Eddie Packee, a senior scientist with Travis/Peterson Environmental Consulting in Fairbanks.

“Eighty percent of fines I've seen are for improper or, for lack of a better word, uncoordinated paperwork,” Packee said. “I've seen guys written up for everything from incorrect phone numbers to having their permits faded by the sun. When you look at what the fines are for first-time violators, it's staggering. And when you get into the repeat offender category, those first-time violation fees are what you'll be hoping for.”

In response to the complaints, the industry trade group's Associated General Contractors of Alaska implemented its Alaska Certified Erosion and Sediment Control Lead (AK-CESCL) Storm Water Training Program.

The program, which commenced in August, is geared toward commercial and residential builders, and explains the erosion process and how to obtain and comply with storm water permits. It also describes the key elements of a storm water pollution prevention plan and provides details on how best to maintain a SWPPP, as well as select, install and maintain storm water best management practices.

Bob Cress, AGC of Alaska's training director, said the course was developed in conjunction with industry partners.

“We were responding to the needs of our partners so they can prevent EPA repercussions,” Cress said.

In addition to the AGC, partners include the U.S. Army Corps of Engineers' Alaska District, and the state departments of Transportation and Public Facilities, Environmental Conservation and Natural Resources, as well as the Alaska Railroad Corp. and the Municipality of Anchorage, among others.

To reach a wide audience, classes have been held in Anchorage, Juneau and Fairbanks. The first class held in Anchorage in August 2007 had 15 enrollees, but Cress said the average class size is now around 40. He expects to have 60 participants in June's class. The program has trained more than 700 as of late May.

“More people are asking for this kind of training,” he said. “It's a matter of demand.”

The 16-hour course takes place over two days. Upon passing the course, residential endorsement-holders are eligible to receive 16 continuing education credits. Architects and engineers are eligible for 16 professional development hours.

Packee said the first part of the AK-CESCL program “very systematically walks the contracting community, from the regulators to the site superintendents, through what the problem is: Essentially erosion and sediment control. The second part is basically 'scare the hell out of the contractor.' We teach what's required at the state, local and federal levels. The course evaluates not only whether a storm water discharge plan is good and complete, but also walks you through a rationale for doing this type of work.”

Packee said he takes an interactive approach to the class.

“It's give and take,” he said. “I'm basically asking them, 'How can we do this better?' You can't be afraid to ask the hard questions.”

It's no surprise more contractors are demanding training: As of Jan. 1, the Corps of Engineers' Alaska District and the state Department of Transportation are requiring contractors on their construction projects to have a certified CESCL representative on site.

As to the EPA rules and regulations themselves, “it gets kind of crazy,” Packee admits. “A typical regulatory inspection will take four, five, sometimes six hours. It's a time-consuming thing. Our focus is to help contractors manage liability and save them time and money.”

For information on upcoming AK-CESCL courses, visit www.agcak.org.

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