EPA 43O/9-73-007
PROCESSES, PROCEDURES, AND METHODS
TO CONTROL POLLUTION RESULTING
FROM ALL CONSTRUCTION ACTIVITY
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air and Water Programs
Washington, D.C. 2046O
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FOREWORD
This report is issued in response to Section 304(e)(2)(C) of Public
Law 92-500. This Section provides:
The Administrator (Environmental Protection Agency),
after consultation with appropriate Federal and
State agencies, and other interested persons, shall
issue to appropriate Federal agencies, the States,
water pollution control agencies, and agencies
designated under section 208 of this Act, within
one year after the effective date of this subsection
(and from time to time thereafter) information
including ... (2) processes, procedures, and methods
to control pollution resulting from --
"(C) all construction activity, including runoff from
the facilities resulting from such construction;"
It provides information of a general nature regarding processes, pro-
cedures, and methods for controlling erosion and sediment deposition,
stormwater, and pollutants other than sediments which result from all
construction activity. It is intended to act as a state-of-the-act
document useful for the development of effective programs to control non-
point source pollution.
Ri
Administrator
U.S. Environmental Protection Agency
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EPA 430/9-73-007
October, 1973
PROCESSES, PROCEDURES, AND METHODS TO
CONTROL POLLUTION RESULTING FROM
ALL CONSTRUCTION ACTIVITY
U. S. Environmental Protection Agency
Office of Air and Water Programs
Washington, D. C. 20460
U.S. Environmental ffotsetion feeno
Sr*at Lakes National Pro«raa Offlc
GLNPO Library
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 - Price $2.30
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ACKNOWLEDGMENTS
This report was prepared by Hittman Asso-
ciates, Inc., Columbia, Maryland. Major con-
tributors were Tlomer T. Hopkins, Robert R.
Kautzman, Christopher Mapondera, and Thomas
R. Mills.
The Project Officer for EPA was Robert E.
Thronson. The assistance and cooperation re-
ceived from representatives of all Federal, State,
and local agencies is gratefully acknowledged.
11
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CONTENTS
SECTION PAGE
ACKNOWLEDGMENTS ii
PREFACE xii
I SUMMARY 1
II CONCLUSIONS 3
III INTRODUCTION 8
IV SITE PLANNING 15
OVERVIEW 15
GENERAL PRINCIPLES OF PLANNING
AND DESIGN 19
HYDRO LOG 1C AND HYDRAULIC
CONSIDERATIONS 25
VEGETATIVE CONSIDERATIONS 26
USE OF PLANNING TOOLS 28
WATER POLLUTION ABATEMENT PLAN--- 31
V EROSION CONTROL 41
OVERVIEW • 41
METHODS OF CONTROL 47
STRUCTURAL DESIGN & CONSTRUCTION -- 61
VEGETATIVE DESIGN 64
EFFECTIVENESS ANALYSIS 67
VI SEDIMENT CONTROL 71
OVERVIEW 71
METHODS OF CONTROL 72
DESIGN, CONSTRUCTION, AND OPERA-
TIONAL CONSIDERATIONS 81
MAINTENANCE 84
EFFECTIVENESS ANALYSIS 86
111
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VII POLLUTANTS OTHER THAN SEDIMENT 89
OVERVIEW - 89
PESTICIDES - 92
NUTRIENTS - 93
SOLID WASTE 94
CONSTRUCTION CHEMICALS 95
PETROLEUM PRODUCTS 96
OTHER POLLUTANTS 96
VIII STORMWATER MANAGEMENT 101
OVERVIEW 101
METHODS OF CONTROL 111
WATERSHED PLANNING 123
DESIGN - 126
MAINTENANCE 127
IX INSTITUTIONAL PROCESSES AND PROCEDURES
RELATIVE TO THE CONTROL OF POLLUTANTS
RELEASED DURING CONSTRUCTION 130
OVERVIEW 130
EVOLUTION OF RELEVANT POLLUTION
CONTROL LAWS AND DIRECTIVES - 134
COORDINATION OF PLANS & CONTROLS--- 146
RECENT LEGISLATIVE APPROACHES 156
INSTITUTIONAL DECISION-MAKING
PROCEDURES 160
X APPENDICES 168
A. SOIL ERODIBILITY NOMOGRAPH 169
B. SPECIAL NOTES RELATIVE TO THE
WATER POLLUTION ABATEMENT PLAN-- 170
C. APPROVAL AND CERTIFICATION STATE-
MENTS RELATIVE TO THE WATER POLLU-
TION ABATEMENT PLAN 171
D. JOINT MEMORANDUM BETWEEN THE
U.S. DEPARTMENT OF THE INTERIOR &
THE STATE OF NEVADA 173
IV
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E. SOIL EROSION AND SEDIMENT
CONTROL ACTS 181
MODEL STATE ACT
PENNSYLVANIA'S CLEAN
STREAMS LAW
MICHIGAN'S SOIL EROSION
AND SEDIMENT CONTROL ACT
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FIGURES
PAGE
III-l Construction site lacking structural and
vegetative soil stabilization measures for
controlling erosion, runoff, and sedi-
mentation 11
III-2 Sediment deposited in a wooded area threat-
ening survival of specimen trees 11
III-3 Turbidity plume entering a waterway as
stormwater runoff from a construction
site 12
III-4 Sediment deposited along a waterway down-
stream from highway fill 12
IV-1 Aerial view typical of many suburban housing 15
developments
IV-2 Aerial view typical of urban transportation
networks 16
IV-3 Aerial view typical of suburban land-clearing
for highways and other facilities 16
IV-4 Excavation and construction for a large-
scale electric power plant 17
IV-5 Embankment for dam construction 19
IV-6 Excavation area relative to dam construc-
tion 20
IV-7 Stream fording or crossing areas need
protection 24
IV-8 Dredging operations and spoil disposal 24
VI
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PAGE
IV-9 Terracing across steep slopes along high-
ways to reduce runoff, prevent soil slippage,
and aid plant growth 27
IV-10 Use of staging or phasing of vegetative soil
stabilization practices along highway cut
slopes 33
IV-11 Use of staging or phasing of vegetative soil
stabilization practices along an access
road 33
V-l Water concentrating in rivulets 43
V-2 Gullies formed in unstabilized slope 44
V-3 Stream channel erosion 44
V-4 Properly scarified cut slope to control
runoff 48
V-5 Typical diversion structures 49
V-6 Interceptor dike on a graded right-of-way -- 50
V-7 Flexible downdrain 51
V-8 Sectional downdrain 52
V-9 Temporary flume made of concrete 53
V-10 Level spreader 53
V-ll Temporary vegetation using annual rye
grass 54
V-12 Herbaceous plants, shrubs, and trees
stabilizing slope 55
VII
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PAGE
V-13 Application of grass seed on graded
slope 56
V-14 Crown vetch (perennial legume) applied to
steep stream bank slopes 56
V-15 Tpmporary netting on a roadway ditch 57
V-16 Streambank protected by stone rip-rap 59
V-17 Gabion check dam and bank protection 59
VI-1 Planning for the preservation of a natural
vegetative buffer 73
VI-2 An installed buffer between an exposed
graded slope and a waterway 74
VI-3 Sod inlet filter 75
VI-4 Gravel inlet filter 76
VI-5 Sand bags placed across a small
drainageway 77
VI-6 An excavated sediment trap 77
VI-7 A "dry basin" partially filled with
sediment 78
VI-8 A "wet basin" trapping sediment 79
VI-9 An interceptor dike impounding runoff and
diverting it to gravel inlet filters-" 80
VIII-1 Runoff from an impervious parking lot 103
VIII-2 Hydrographs of study area showing various
stages of development 104
Vlll
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PAGE
VTII-3 Collapsed streambank caused by
undercutting 107
VIII-4 Concrete-lined channel 107
VIII-5 Stormwater management in stream
channel 108
VIII-6 Unit hydrograph (dashed line) showing storm-
water management applied to study area 109
VIII-7 Rooftop ponding 112
VIII-8 Stormwater detention structure in remote
portion of a parking lot 112
VIII-9 Playground designed for temporary storage
of runoff 114
VIII-10 A diversion structure adjacent to highway— 114
VIII-11 Perforated lawn to increase infiltration 115
VIII-12 "Blue-green" concept in the urban area 116
VIII-13 An aesthetical and functional detention basin
blending in with character of landscape 117
VIII-14 Poorly controlled and maintained detention
.basin 117
VIII-15 Infiltration system collecting runoff from
parking lot 119
VIII-16 FABRIFORMcheck dam 121
VIII-17 Permanent lake with available capacity to
detain excess runoff 122
VIII-18 Temporary storage impoundment along
roadway 122
IX
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PAGE
VIII-19 Areal system of control 124
VIII-20 Linear system of control 124
VIII-21 Outlet of a detention basin in need of
maintenance 127
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TABLES
PAGE
V-l Effectiveness of Ground Cover
on Erosion Loss at Construction
Sites in Fairfax County, Virginia 68
XI
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PREFACE
As we increase in numbers and affluence we need more high-
ways, dams, powerplants, housing developments, and other energy
consuming or producing activities. Each year the construction of
these new facilities uses up more than 400, 000 hectares (about one
million acres) of land, some of which had earlier served for the
production of feed, food, and fiber crops; timber; water recharge,
wildlife, recreation, and other continuing needs.
As we continue to alter the soil, water, and other natural
resources to meet our needs, we often initiate abrupt changes in
long established relationships between soils, plants, waterways,
and people. Our ability to perform these changes is firmly estab-
lished. The question is: How long can we continue to transform
these resources in an uncontrolled manner at an ever increasing
rate?
This report is concerned with one segment of the greater
process of controlling the development of land and water resources,
namely: processes, procedures, and methods to effectively control
pollution resulting from construction activity - one of several non-
point or area sources of water pollution. The audience addressed
in this report includes those concerned with the tasks of government
at all levels, the corporate community, labor, and interested
citizens as a whole.
XII
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I. SUMMARY
This report presents information on processes, procedures,
and methods for controlling sediment, stormwater, and pollutants
other than sediment which result from construction activities. It
is one of a series required under Section 304 (e) of Public Law 92-500,
The "Federal Water Pollution Control Act Amendments of 1972. "
Processes examined include site planning, preliminary site
evaluation and design, use of planning tools, and structural and vege-
tative design considerations relative to development of a water pollu-
tion abatement plan suited to individual construction sites.
Procedures, at Federal, State, and local levels, relative to
the control of land disturbing activities and the interrelations between
various procedures and processes were also studied.
Methods examined include on-site erosion, sediment, and storm-
water management control structures as well as soil stabilization
practices useful for achieving control of sediment, stormwater runoff,
and other pollutants resulting from construction activities. Storm-
water management practices are discussed in detail.
Information presented in this report represents the state-of-the-
art in the three areas. New processes, procedures, and methods for
controlling sediment and other pollutants are continually being developed
from time to time to make control more effective.
Information presented in this report indicates that water pollu-
tion resulting from sediment and other pollutants generated from con-
struction activities can be prevented by the timely application of em-
pirical structural and soil stabilization measures presently available.
Non-point source pollution control plans should be drawn up
adhering basically to the following steps:
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(1) Plan structures and vegetative measures that will
protect environmentally vulnerable areas.
(2) Control the speed and volume of water runoff. Detain
stormwater on the construction site. Use water diversion struc-
tures to divert water away from graded areas.
(3) Trap sediment on the site.
(4) Stabilize exposed soils by adhering to time limits set
out in the schedules for site grading, seeding, and mulching. Use
stage grading, seeding, and sodding.
(5) Determine the need for water pollution abatement
measures on a site by site basis.
(6) Outline water pollution abatement procedures for in-
clusion in the construction contract. Prepare a water quality
control plan that will minimize stream turbidity, changes in flow, and
movement of fluids, oils, wastewater, fuels, aggregate wash water,
mineral salts, and pesticides into waterways.
(7) Outline procedures for the maintenance and inspection
of structural and vegetative controls for graded areas, borrow
pit areas, dredge spoil areas, and soil stockpile areas, among
others, on a periodic basis for inclusion in the construction contract.
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II. CONCLUSIONS
Increasing numbers of people, coupled with increased family
incomes and personal consumption patterns induce the accelerated
development of new land and water resources, and the demand for new
energy sources. All of these activities are construction oriented. On
the premise that continued growth and construction are inevitable, at
least for the next fifty years, it would appear the better part of wis-
dom for communities presently at the threshold of development to
begin now the task of planning suitable stratagems for coping with non-
point sources of construction-related pollution. The following con-
clusions have been made:
1. Planning for nonpoint source pollution control is but
one facet of comprehensive planning for land and water management.
An important goal of the control planning is the approval of architec-
tural and engineering drawings and specifications that spell out pollu-
tion control practices permitting prospective contractors to bid and
plan intelligently. Another is to give sufficient discussion to pollution
control practices during the pre-construction conferences, to allow
the timely installation of suitable structural and vegetative controls by
the contractor.
2. Specific instructions as to structural and vegetative
soil stabilization practices required on-site should be included in
contracts. However, as the project develops, the need for additional
control may become evident. When this occurs the contract should be
amended. The need for water pollution abatement measures will be
determined by the nature and properties of each site relative to its
surroundings. Water quality control plans should be prepared that
will minimize stream turbidity and changes in stream flow temperature.
Pollution by fluids, oils, wastewater, aggregate wash water, pesticides,
and other materials can be controlled by adequate erosion and sediment
control measures.
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3. Procedures for the maintenance and inspection of struc-
tural and vegetative controls for graded areas, borrow pit areas, sed-
iment spoil areas, and soil stockpile areas should be included in a con-
struction contract. Ordinarily, the installation of sediment control
structures will be done before the start of grading, clearing, or other
on-site land disturbances. Exposed soils adjacent to these structures
should be stabilized soon after completion.
4. The effectiveness of various erosion and sediment
controls in retaining sediment and other pollutants on individual con-
struction sites has not been adequately studied. Further research is
needed concerning the effectiveness of various controls in different
parts of the country, so that cost trends and comparisons can be es-
tablished. Pollution control training for construction managers, in-
spectors and other persons could go far in achieving better management
practices for the abatement of water pollution.
5. For construction activities, no water-pollution abate-
ment plan should be considered complete unless it includes plans for
stormwater management.
The distinction between stormwater drainage and storm-
water management often is poorly understood. Stormwater drainage
involves either the direct release of stormwater into a channel or to
an underwater collection system, with no concern for water quality.
Stormwater management involves both the quantity and quality of run-
off. It is accomplished by temporarily storing and regulating the
release of runoff from small magnitude storms.
An areal or linear system of control, or a combination
of both can be used. The system devised must be based upon the physical
characteristics and the type and extent of proposed development of a
watershed.
Basic evaluation and design techniques for stormwater
management practices need improvement. Basic research presently
underway in this field is judged inadequate to determine the most effec-
tive storm return frequency in the design of various stratagems.
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6. The modern age of water quality legislation began in
1948 with the adoption of the Federal Water Pollution Control Act.
Since that time, prevention-oriented sediment control procedures have
evolved at State and local levels. Erosion, runoff, and sedimentation
can be controlled on new construction sites through the requirement that
an erosion and sediment control plan fitted to individual sites be approved
before a grading permit can be issued. More effective coordination of
construction plans and environmental plans is needed between Federal,
State, and local governments. One necessary precondition for realiz-
ing this is the creation of opportunities for contact and dialogue within
and between the several levels of government. Interagency cooperation
during preliminary phases of project planning can lead to more sub-
stantial environmental benefits and economies.
The degree of coordination between agencies relative to
sediment and pollution control on construction sites varies with the
authority of each agency. This arrangement guarantees the lack of easy
communication and the fragmentation of the decision-making process.
Exceptions to the generalization suggest that when human initiatives
are properly exercised between and within government institutions,
there occurs a clearer understanding of agency responsibilities, much
resolution of conflicts, an exchange of technical and scientific informa-
tion and manpower, and a closer scheduling of related work programs.
An integrated approach to erosion and sediment control can only be
achieved when all Federal, State, and local organizations coordinate
their efforts.
Local governments must have the legal authority to enter
into intra- and inter-governmental agreements through memoranda of
understanding, or delegated statewide powers, in order to take the
initiative in generating workable sedimentation controls. Individual
developers and contractors, can support the costs of installation of
necessary sediment and pollution control measures as a part of their
normal construction activities.
7. Federal agencies engaged in all aspects of construction
activity have the responsibility to inform contractors at the pre-bid
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and pre-construction conferences as to the type and extent of on-site
sediment control procedures. Responsibility for environmental stan-
dards on Federal construction contracts should be exercised jointly by
the resident engineer or inspector and the contractor. Thus, the en-
gineer should review workable site grading and drainage drawings and
specifications for each construction site. The contractor, in turn,
should install and maintain the required erosion control structures and
practices.
8. Several states have developed or passed statewide laws
to control and prevent pollution from sediment resulting from construc-
tion and other activities. According to these laws State soil and water
conservation districts in conjunction with State and local regulatory
groups concerned with water pollution abatement would have responsi-
bility for approving controls. In its present form, the "Model State
Act" does not cover stormwater management and pollutants other than
sediment. Certain environmentalists have criticized this approach on
the basis that administration of control is entrusted to local bodies subject
to pressures from contractors and rural interests who could play down
necessary control measures. New State legislation, however, that can
bestow broader-based representation on soil and water conservation
commissions will overcome some of these objections.
9. Since 1965 various municipal, county, and State statutes
have been enacted requiring a permit for any land disturbing activity.
By and large, these statutes require the State soil and water conserva-
tion districts to provide technical assistance and approval of sediment
control plans for all new construction.
Since 1970, eight States have adopted variants of the National
Environmental Protection Act (NEPA). California's version of NEPA
requires county boards to make environmental assessments before
issuing building permits to private groups concerned with land devel-
opment. Thus, land development activities in the private sector can
be directly affected.
10. Several agencies have responded to public opposition
to new construction activities by using increased citizen participation
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during the planning and design stages. For example, public as well
as private agencies, associations, and conservation groups have set
up information programs to develop and obtain broad support. There
is a need for expanded use of continuing education, refresher courses,
and in-house training programs. Guidelines and design manuals serve
a useful purpose, but they should be reinforced by audiovisual programs,
seminars, field days and other efforts directed to the control of sedi-
ment and other pollutants.
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III. INTRODUCTION
Some idea of the impact of increasing numbers of people
on land and water resources in this country is seen in the de-
creasing per capita land acreage since 1940: from 7 hectares
(17 1/3 acres) in 1940 to 4. 5 hectares (11 acres) in 1971.
Projected to the year 2000 the per capita acreage may go down
to 2.7 hectares (6 2/3 acres).
We know that even if the natural birthrate in the United
States were to fall immediately to a rate lower than at any time
in our history, population growth would not stop before the year
2020. Growing numbers of families, coupled with increased
family income and personal consumption will lead to increased
development of new land and water resources, and new demands
2
for energy - all of which are construction oriented.
Individual parcels of land owned by private citizens,
corporate groups, and local governments account for two-thirds
of the land mass in the U. S. The remaining one-third is adminis-
tered by the Federal Government.
Privately owned land is the base from which comes much of our
food, fiber, lumber, and other essential products. Locally
controlled lands also must provide the space needed for constructing
new recreational areas, dams, powerplants, highways, housing
developments, and commercial and industrial facilities. Thus in
theory at least, the demands of new construction are competitive
with land and water resources needed to produce food.
Local governments are properly responsible for most land
and water resource decisions. At times, however, our political
institutions appear to suffer from an inability to recognize that
certain laws and procedures have been outflanked, by technological
2
advances, or for other reasons. Other evidence suggests that
legislators as well as the voters are often reluctant to grant
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2
administrative powers to environmentally oriented agencies.
In 1971, the President proposed legislation encouraging the
States, coordinating with local governments, to assume land use
(and presumably watershed) planning and regulatory authority over
transportation, water resources, energy, and other areas of
3
environmental concern. This proposal springs from the idea
that few States or local communities have assumed the regulatory
powers needed to control broad land and watershed problems.
Oftentimes local communities may use zoning and other regulations
to block private developments beneficial to their future growth.
Dependence on immediate tax revenues often makes it impossible
for local communities to channel new construction activities in a
2
controlled manner. Rapidly urbanizing communities frequently
use grading ordinances as one means of controlling the rate of
land disturbance and other construction activity.
In States already feeling heavy land and water resource
development pressures (Florida and California) citizen demands
are being heard for an immediate halt to future construction and
4
growth. On the other hand, continued growth appears inevitable.
Support for this view can be seen from past experience (in 1963)
of citizens, land owners, planners, and developers in the Green
Spring and Worthington Valleys (The Valleys) of Baltimore County,
Maryland. Planners estimated the monetary advantage of con-
trolled over uncontrolled growth to be in excess of 7 million
dollars during a twenty year period. Court tests of this concept
were upheld in favor of controlled growth.
One of the key elements in the Valleys concept was that
new construction activities (highways, housing, and industrial
centers) were directed maximally to the open plateau (of the
Piedmont) where the soil subsurface properties and water resources
were determined to be amenable to high intensity use. Under
these conditions, relatively simple and inexpensive engineering
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structures and vegetative practices could be used to keep sediment,
stormwater runoff, and other pollutants out of important water-
ways and groundwater recharge areas.
The intended thrust of this report is that water pollution
resulting from sediment and other pollutants (including storm-
water) generated from all types of construction activity can be min-
imized by the timely application of structural and soil stabiliza-
tion measures (Fig. III-l thru III-4). Emphasis is placed on the
key word "timely". This adjective is defined as that which
happens at a suitable time. In relation to non-point source pollution
control, this word implies the exercise of individual or institutional
planning initiatives that culminate in a plan for water pollution
abatement before construction actually begins. In the context of
this report, "timely" has maximum relevance in terms of the
processes (preliminary site evaluation, preliminary site develop-
ment planning, preliminary design, final design, etc.) relative to
the procedures (statutory laws, ordinances, land use regulations,
health orders, zoning rules, memoranda of understanding, etc. )
specified by Federal, State and local institutions. Beyond the
appropriate processes and procedures are the on-site methods and
systems (contract specifications, design standards, and construc-
tion practices) for achieving control of sediment, stormwater run-
off, and other pollutants during construction.
10
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FIGURE III-l Construction site lacking structural and vegetative
soil stabilization measures for controlling
erosion, runoff, and sedimentation
FIGURE III-2 Sediment deposited in a wooded area threatening
the survival of specimen trees
11
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FIGURE III-3 Turbidity plume entering a waterway as
storm water runoff from a construction site
FIGURE III-4 Sediment deposited along a waterway
downstream from highway fill
12
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Processes for drawing up water pollution abatement plans
specific for individual construction sites are discussed in Section
IV. Procedures for achieving compliance with applicable laws,
along with certain historical relationships and case studies are
discussed in Section IX . Methods of achieving control of erosion,
sedimentation, stormwater runoff, and other causes and forms of
pollution are discussed in Sections V through VIII.
The reader is advised that the information presented herein
has developed slowly along empirical lines during a period of more
than fifty years. We have reported selectively on a state-of-the-
art basis, touching all bases.
13
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III. SELECTED REFERENCES
1. Soil Conservation Service, "Two-thirds of Our Land: A
National Inventory, " Program Aid No. 984, Supt. of
Documents, U. S. Government Printing Office, Washington,
D. C., 1971, 20 p.
2. Hardin, Garrett, Exploring New Ethics for Survival, Viking
Press, N. Y., 1972, p. 133.
3. Executive Office of the President, "Toward More Rational
Use of The Land," Supt. of Documents, U. S. Government
Printing Office, Washington, D. C., 1971, p. 2.
4. Rockefeller Brothers Fund, The Use of Land: A Citizens
Policy Guide to Urban Growth, Crowell, N. Y., June 1973.
5. McHarg, Ian, Design With Nature, The Natural History
Press, Garden City, N. Y. 1969, p. 93.
14
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IV. SITE PLANNING
OVERVIEW
Areas now experiencing accelerated growth as a result of
rapid increases in population, business, and industry, or those
anticipating this experience at some future time, share a common
need of comprehensive planning for the orderly development of
water pollution abatement programs. But the evidence at hand
suggests that there is limited provision within the present
organizational framework of government or corporate planning
groups to attain comprehensive planning. Rather, planning
generally occurs within three major compartments: land use
planning involved largely with subdivision (Fig. IV-1) and open
space development; transportation planning concerned with the
construction of highways and rapid transit, (Fig. IV- 2, 3), and
facilities planning (private and public) concerned with power plants
(Fig. IV-4), powerlines, buildings, dams, reservoirs, wastewater
disposal, and sewer systems, among others.
FIGURE IV-1 Aerial view typical of many suburban housing
developments. (Courtesy of the U. S. Dept. of Agric .)
15
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FIGURE IV-2 Aerial view typical of urban transportation
networks. (Courtesy of the U. S. Dept0 of Agric.)
FIGURE IV-3, Aerial view typical of suburban land-clearing for
highways and other facilities. (Courtesy
of the U. S. Dept. of Agric. )
16
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FIGURE IV-4 Excavation and construction for a
large-scale electric power plant
Innovative strategies for promoting the lateral flow of infor-
mation from one group to another could avoid the difficulties in
which planning done by one discipline on the basis of hidden assump-
tions, can be challenged by another planning discipline based on
entirely different assumptions. An integrated approach is badly
needed with respect to land use, zoning, and drainage and flood
2
control policies. Apparently, State and regional planning groups
have yet to find a viable political base permitting establishment of
3
rational siting and land use guidelines.
In spite of these and other problems, significant progress is
often made by highly motivated citizen groups in areas where close
working relationships can be established with State and local
governments. An interesting case study illustrating this point is
provided by the success of concerned citizens in the Green Spring
and Worthington Valleys (the Valleys) of Baltimore County,
Maryland. Concerned citizens, in collaboration with private and
17
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public planning groups, drew up development plans acceptable to the
4
county and State governments which accomplished the following:
(1) accommodated accelerated development in the Valleys
(2) prohibited sewerage installation on the valley floor,
thereby directing highway and housing developments up to the
plateau areas
(3) subjected woodland and forests having trees above 10
centimeters (4 inches) caliper to preservation regulations
(4) insisted that development should respond to the oper-
ation of natural processes (or physiographic determinants) intrinsic
in the landscape
(5) recognized concepts already recommended by regional
planners
Planners recognized that natural features and processes such
as topography and subsurface geology, surface and groundwaters,
floodplains, soil erosion, and the distribution of forests and wood-
lands have implications for development, in that they control the
4
capacity of each area for development. These same factors also
relate to the susceptibility of each area to erosion and sedimentation
damage.
The purpose of this chapter is to discuss the general prin-
ciples of site planning and design relative to the water pollution
management plans for construction and development activities.
Emphasis is placed on the fact that planning for sediment and pollu-
tion control is but one facet of planning for overall land and water
management. Nevertheless, essentially the same information base
5
will be required.
18
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GENERAL PRINCIPLES OF PLANNING AND DESIGN
Effective sediment and pollution control begins with the pre-
liminary evaluation of the suitability of a given site for the kind of
land disturbance or construction to be done, based on the inventory
of the prime physical features of that site. This principle
holds whether one intends to build a highway, powerplant, dam,
(Fig. IV-5, 6), shopping center, ski slope, or a high-rise building.
Aside from consideration of the prime physical features, aesthetic,
social, economic, and political factors also contribute to the pro-
cess of planning for water pollution management. For example,
construction of major highways^flood control projects, transmission
lines, etc. can affect the economy, the way of life, and the visual
4
experience of all people within its sphere of influence. These and
other factors are usually weighed against projections relative to the
4 5
pollution potential of a given construction site. *
FIGURE IV-5 Embankment for dam construction
19
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FIGURE IV-6 Excavation area relative to dam construction
One important goal of sediment and pollution control planning
and design should be the creation of a set of architectural and
engineering drawings and specifications that spell out pollution
control practices, so as to permit prospective contractors to bid
and plan intelligently. Similarly, sufficient discussion should be
given to pollution control practices prior to and during the pre-con-
struction conference to permit the timely and orderly installation of
7
suitable structural and vegetative controls.
An example illustrating some of these points is seen in the
experiences and encounters relative to problems of water turbidity
control during construction in 1972 of the Teton Dam and power
Q
plant in Idaho. Contract specifications directed the contractor to
comply with applicable Federal and State laws, and regulations
concerning water pollution control. Even though the contractor built
a 12 x 49 meter (40 x 160 foot) settling basin at the downstream end of
the dam, a turbidity problem still existed. The settling basin was used
because the water clarifier originally planned for the project could not
20
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be put into operation until ten months after the beginning of construc-
tion.
Turbidity control became erratic after the first month
of operation of the settling pond, creating problems for the disposal
of turbid water from the damsite, tunnel excavation, batch plant,
channel change areas, and the downstream service yard area. Under
these conditions, compliance with water quality specifications was
in doubt. After several visits were made to the site by Federal,
State, and citizen's environmental groups, the contractor suggested
that additional settling ponds should be used for controlling large
volumes of on-site turbid waters.
Systematic analyses of the overall problem made by the
developer, in cooperation with the contractor, revealed that the
original contract specifications were unclear as to the several
sources of turbidity. Also unclear was the corresponding technique
for controlling each turbidity source. For example, the quality
and quantity of water coming from the foundation dewatering area,
borrow areas, tunnels, and batch plants required different types
of treatment than that from other areas. The suggestion was made
by the contractor that settling ponds were superior to the water
clarifier specified in the contract for controlling large volumes of
water coming from the foundation dewatering, and borrow areas.
Use of the dual system also increased costs both to the contractor
and the developer.
Later on the recommendation was made by the developer (the
Interior Department's Bureau of Reclamation) that future contract
specifications should give the contractor the responsibility of
planning and implementing turbidity control based on the natural
or background turbidity of the waterway, in accordance with
o
applicable Federal and State regulations.
This experience contains several elements supporting the
basic objectives of effective planning for water pollution abatement
on heavy, and other construction sites:
21
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(1) cooperation and dialogue between the developer and
the contractor at all times
(2) planning for prevention of water pollution shared
equally at all levels
(3) flexibility in the application of pollution control
measures at all levels
(4) following through on regulatory and citizen efforts to
protect vital land and water resources
(5) maintaining high water quality for use by plants, fish,
mammals, and man
During the preliminary site evaluation, sufficient information
should be collected to provide sensible solutions to potential erosion
5-9
and sediment control problems. For example, the kinds of
on-site protective measures needed during most construction
activities will be determined, in part, by the following:
(1) erodibility potential of the exposed soils
(2) type and location of the construction activity
(3) extent of exposed soils
(4) time period of exposure of readily erodible soils
(5) expected frequency and intensity of rain and windstorms
(6) length, steepness, and surface roughness of exposed
soil slopes
(7) resistance of the soil to compaction, and the stability
of soil aggregates
(8) water infiltration capacity of the soil profile
(9) chemical, physical and biological nature of subsurface
soils
(10) size and density of woodlands, copses, and forests
contiguous to construction site
(11) extent of dust and fire hazards
(12) extent of impervious surface constructed
22
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Successful plans should include close scheduling and coor-
dination of construction activities, and provide for the maintenance
of conservation practices. Every effort should be made, also, to
minimize damage to stream channels and other drainageways by use
of suitable stormwater detention structures. Early in the planning
for construction, controls or limitations that may be imposed by
local, State, and Federal agencies should be investigated. For
example, securing licenses, permits, easements, and other matters
allow necessary modifications to be made in designs and specifica-
tions before the project is advertised for bids. Contacts should
also be established early with various agencies having jurisdiction
over water resources, water quality standards, and other environ-
mental matters.
During the pre-design and design stages, certain problems to
be taken into account relative to water quality include:
(1) disturbance of groundwater tables
(2) construction on or near potential landslide or mudslide
areas
(3) installation of stream crossing structures where
stream fordings are needed (Fig. IV- 7)
(4) encroachments on stream flow by land fills, culverts,
dikes, and buildings
(5) influences on stormwater runoff imposed by an increase
in the surface area of impervious streets, parking lots, and
buildings
(6) changes in drainage areas caused by diversions and
gradings
(7) development of borrow pit areas
(8) disposal of sediment spoil and other solid wastes (Fig. IV-8)
(9) flood plain excavation work
(10) stream channel improvements
(11) disposal of petroleum wastes, pesticides, and other
chemicals
23
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(12) control of dust, smoke, and fire
(13) construction of access and haul roads
(14) nearness of the construction site to streams, lakes,
and other vulnerable water bodies
FIGURE IV-7 Stream fording or crossing areas need protection
FIGURE IV—8 Dredging operations and spoil disposal
24
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In heavy construction work such as occurs at damsites,
additional precautions must be used to keep sediment and other
pollutants out of the waterway. For example, the principal
spillway barrel should be built to a size, shape, and grade that
will minimize sedimentation. All areas, particularly those disturbed
by stream diversions needed during construction, should be
temporarily stabilized with mulch, vegetation or chemicals.
Other considerations during dam construction activities include:
(1) Construct debris basins downstream from the embank-
ment to catch sediment from embankment and adjacent borrow areas.
(2) Build sediment traps in the channel downstream from
the damsite. Dispose of sediment prior to removal of the trap.
(3) Locate spoil areas downstream from the embankment,
thereby directing runoff toward stabilized parts of the floodplain.
HYDROLOGIC AND HYDRAULIC CONSIDERATIONS
The range of storm frequencies most often used in the design
of storm drainage structures is 2 to 15 years for storm sewers in
residential areas, and 10 to 50 years in commercial and high value
districts. For flood control work the 50 to 100 year storm fre-
quency is used.
Ditches, channels, and drainageways must accommodate the
maximum design flow and the allowable average velocity in the
ditch section. The most common channel cross section for a
vegetated waterway is the parabolic form ordinarily found under
natural conditions. Since channel erosion is a function of velocity,
depth, and time; and urban runoff peaks are short-lived, channel
depth and flow velocity are key design parameters. From a prac-
tical standpoint, choices of channel design can be based upon
hydraulic, structural, environmental, and sociological considerations.
Early in the planning stage, decisions must be made as to whether
the channel will have to be paved to accommodate the
25
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highest flow velocities, or grass-lined for intermediate velocities.
If the latter choice is made, care must be used in choosing plants
that can survive disruption by sediment deposition and scouring
action. Grasses used for channel linings should have a low, dense
growth habit. Other hydraulic considerations refer to channel
efficiency, grade, side slope angle, bottom width, and alignment.
VEGETATIVE CONSIDERATIONS
Vegetative soil stabilization practices such as direct seeding,
sodding, plugging, and sprigging should be thought of as being an
integral part of, and equal in rank to mechanical structures for the
control of erosion and sedimentation. During the design stage,
close working relationships should be established between the
architect, engineer, and the plant and soils specialists. Prior to
beginning grading operations, plans should be made to preserve as
much of the natural plant cover existing on-site as possible, re-
gardless of its estimated dollar value. These areas can be used
with telling effect as filter strips or buffers to supplement various
structures for controlling erosion and sedimentation during con-
struction (See Section V).
Specific instructions as to the need for immediate vegetative
stabilization of exposed soils should be included in the construction
contract. Disturbed areas requiring immediate vegetative stabili-
zation are: drainageways, cut and fill slopes, borrow pit areas,
excavations, and soil stockpiles. Greater use should be made of
quick-growing annual grasses on these critical areas for temporary
protection during grading or permanent seeding delays.
Except on soils having gentle slopes and the highest native
fertility, defined as non-critical areas, it is very difficult to
establish superior permanent or long-lived perennial grasses and
legumes in a one-step process. Two or three-step fertilizing and
seeding practices over a period of several years are preferred
26
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over a one-step approach along highway cut slopes and other
critical areas.
Serious plant growth problems may arise on long, steep cut
slopes because of the danger of soil slippage, deficiencies in plant
nutrients, or unpredictable fluctuations in available soil moisture at
different levels on the slope faces. This problem can be minimized
by using diversion structures such as terraces (Fig. IV-9), and by
surface roughenings (See Section V).
FIGURE IV-9 Terracing across steep slopes along highways to
reduce runoff, prevent soil slippage, and aid plant growth
During periods of extreme drought, cold, or other unfavor-
able planting conditions, one can spread a protective layer of straw
or hay mulch over the exposed subsoils and overseed later on when
more favorable growth conditions develop. The choice between
annual, and/or perennial species should be left to soil and plant
specialists familiar with local growing conditions. In some situa-
tions, quick-growing annual grasses can be established and allowed
27
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to grow nearly to maturity (August or September) whereupon they
can be sprayed with a contact herbicide. After three or four days,
the dead plant material provides mulch that can be overseeded
with superior perennial plant materials.
Grasses and legumes are considered superior to trees,
shrubs, and ground covers for initial soil stabilization because their
fibrous root systems (grasses in particular) characteristically
bind soil particles, encourage the formation of water stable soil
aggregates, and protect the soil surface from erosion by water and
wind.
USE OF PLANNING TOOLS
Some of the most indispensable tools of site planning in relation
to erosion and sediment control are topographic and other maps
used to delineate major soil types, waterways, woodlands,
and other vulnerable areas determinate to sediment and pollution
control on a given construction site. Areas of the site requiring
special protection of aesthetic or historical areas can also be
shown. Base maps having a scale of about 610 meters to each
2. 54 centimeters (2000 feet to the inch) and contour intervals of
about 6 meters (20 feet) are useful on large-sized tracts for general
planning.
Enlarged aerial photographs or stereoscopic pairs of air-
photos giving a three-dimensional perspective (viewable at the
soil conservation district offices) are useful for showing vulnerable
areas such as wetlands, sand dunes, and waterways in a highly
visible form. Large-scale maps are required to chart major soil
type boundaries, drainage systems, rock outcrops, buildings, roads,
5
and archaeological sites.
28
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Base maps having scales ranging from about 15 meters to each
2. 54 centimeters (50 feet to the inch) and contour intervals of 0. 61
meters (2 feet to the inch), up to about 76 meters to each 2. 54 centimeters
(250 feet to the inch) and contour intervals of about 1. 5 meters (5 feet to
the inch) are useful for locating discrete erosion and sediment control
5
practices on the average to small-sized site.
The on-site evaluation of the potential construction site
should be performed by persons knowledgeable in various disciplines
such as agronomists, biologists, engineers, geologists, hydrologists,
landscape architects, site planners, and soil scientists.
Information acquired from this evaluation can be used in
the design stages to fit the best sediment and pollution control
practices to a specific site. Topographic mapping should be ex-
tended a minimum of 30 meters (approx. 100 feet) beyond site develop-
ment boundaries in order to assess the effect of erosion and sedi-
ment deposition on adjacent properties.
Effective erosion and sediment control plans are built upon
12
numerous sources of information relative to the construction site.
Offices in each of the county soil and water conservation districts
are valuable sources of information, such as: soil survey reports,
soil erodibility, drainage systems, topography, agricultural value
of soils, and land use characteristics. Soil survey reports fur-
nished by the Soil Conservation Service (SCS) provide information
on the suitability of various soils for locating pipelines, roadways,
water impoundments, and drainage systems.
The soil survey information does not eliminate the need for
detailed on-site studies relative to such water-related phenomena
13
as landslides, mudflows, and downhill creep. Also, limitations
of scale on detailed soil maps make it necessary to conduct detailed
on-site studies of drainage patterns, surface water, geology,
14
woodlands, and wetlands. Beyond this, soil survey information
can be used to rate each kind of soil in terms of its inherent suit-
ability for specific land uses and engineering applications.
29
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Information on the location of critical mineral deposits,
aquifers, groundwater recharge areas, and rock outcrops can be
obtained from the U. S. Geological Survey offices.
The principal source of water runoff data is the "Water
Supply Papers" of the U. S. Geological Survey. These papers
contain records of daily flow, mean flow, yearly flow volume, and
extremes of flow. The magnitude of runoff is most commonly
estimated by the so-called rational method. This technique is most
useful for designing hydraulic structures for construction areas
under 81 hectares (200 acres) in size.
Highway offices at the county or State levels can furnish
information on soil engineering properties, and areas having storm-
water drainage or flooding problems. These sources can also
furnish information on the location of present and proposed roads
and superhighways.
Essential information on local zoning ordinances, subdivision
regulations, grading ordinances, and septic tank regulations can
be obtained from county zoning and planning offices.
Regulations pertaining to the use and disposal of pesticides,
and other chemicals on construction sites can be obtained from the
environmentally oriented county and State offices.
Most planning and design techniques do not consider soil
erodibility as a basis for recommendations on the design of cut
and fill slopes. An important tool for this purpose, and for plan-
ning and evaluating erosion and sediment control practices, has
been developed by workers of the Agricultural Research Service of
20
the U. S. Department of Agriculture. This empirical technique,
the Universal Soil Loss Equation,, combines such factors as rain-
fall, soil erodibility, slope length, slope gradient, cropping manage-
ment (extent of vegetative cover) and erosion control practices to
arrive at an average annual soil loss from sheet and rill erosion.
Adjustment factors can be developed for determining soil losses
21
for time increments of less than one year.
30
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Recent research developments have made the Universal Soil
Loss Equation a better tool for use on construction sites. Contri-
butions in this area include the development of a soil erodibility
22
nomograph (See Appendix A), a topographic factor (combined
23
length of slope and steepness of slope factors) nomograph, and
21
further research on vegetative and erosion control practice factors.
If an allowable soil loss is provided, the equation can be used
to determine allowable slope length and steepness. The equation
does not, however, account for deep-seated stability problems such
as landslides. Additional on-site studies and design procedures are
needed to evaluate these problems. Furthermore, the soil loss
equation does not quantify the amount of sediment that becomes a
water pollutant. Some sediment will be deposited at the base of the
slope and become stabilized by vegetation in due course. To com-
pensate for the amount of sediment that does not reach the waterway,
21 23 24
various procedures are being used. ' '
WATER POLLUTION ABATEMENT PLAN
Planners and developers should give prime consideration
during the preparation of preliminary site development plans to the
following factors: '
(1) Assess soil limitations and suitability of the site
based on soil survey, geological, and other sources of information.
(2) Identify problem soils, collect soil samples from
drilling operations and classify them as to: erosion potential;
water infiltration capacity; moisture retention capacity; soil pH;
available nutrients; texture; structure, and certain engineering
properties.
(3) Identify woodlands, wetlands, waterways, and other
vulnerable areas on the site. Prepare a site map showing trees,
and special areas to be protected from equipment traffic. Preserve
31
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established vegetation to the maximum extent.
(4) Examine the existing and proposed drainage patterns.
Show on-site and off-site drainage conditions.
(5) Examine lengths and grades of existing long slopes.
Use existing topography and vegetative cover to supplement plans
for control of erosion, sediment, and runoff.
(6) Assess the amount of site grading needed for develop-
ment. Indicate existing and proposed topographic lines on the site
map. Extend topography information at least 30 meters (approx. 100
feet) beyond property lines. Show improvements, property lines,
and limits of grading on the site map. Use different grades for
different slope heights. Provide a cut and fill balance sheet by
indicating method and location for disposal of excess material and
source of all fill material. Prepare an erosion and sediment con-
trol plan for the entire construction area and the soil stockpile and
borrow areas. Prepare a site grading schedule. Obtain property
easements, if needed.
(7) Evaluate watershed problems, upstream and downstream
from the construction site. Take photographs of critical areas
27
along downstream segments of waterways.
Armed with information set forth in items 1 through 7, the
planner should proceed to draw up the water pollution abatement
plan adhering basically to the following steps:
(1) Plan structural and vegetative measures
that will protect environmentally vulnerable areas.
(2) Control the speed and volume of water runoff. Detain
stormwater on the construction site. Use water diversion struc-
tures to divert water away from graded areas.
(3) Trap sediment on the site.
(4) Stabilize exposed soils by adhering to time limits set
out in the schedules for site grading, seeding, and mulching. Use
stage grading, seeding, and sodding (Fig. IV-10, 11).
(5) Determine the need for water pollution abatement
measures on a site by site basis.
32
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FIGURE IV-10 Use of staging or phasing of vegetative
soil stabilization practices along highway cut slopes
FIGURE IV-11 Use of staging or phasing of vegetative
soil stabilization practices along an access road
33
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(6) Outline water pollution abatement procedures for inclusion
in the construction contract. Prepare a water quality control plan that
will minimize stream turbidity, changes in flow, and movements of
fluids, oils, wastewater, fuels, aggregate wash water, mineral salts,
28
and pesticides into waterways.
(7) Outline procedures for the maintenance and inspection of
structural and vegetative controls for graded areas, borrow pit areas,
sediment spoil areas, and soil stockpile areas, among others, on a
periodic basis for inclusion in the construction contract.
The best water pollution abatement plan is the one that mini-
mizes or prevents erosion, sediment,and runoff damages. Other
pollutants should also be kept out of waterways. The speed and volume
of water runoff can be controlled more easily by designing for short
slope lengths, following the natural ground contour to avoid high cuts
and fills, and by blending slope grades into the natural landscape.
Keep in mind that vegetative practices are an integral part of structural
practices.
Dust produced by cement handling, rock and aggregate crush-
ing, truck and materials movement on unpaved haulroads, sandblast-
ing, and other operations can be a health hazard to construction work-
ers and people residing near the construction site. Contractors should
not only comply with Federal, State, and local ordinances relative to
dust and noise generated on construction sites, but also motivate their
employees to use dust protective gear and dust control methods that
will minimize damages to people, vegetation, and waterways.
Sediment traps may be either temporary or permanent structures,
depending on the dictates of the specific site. Sediment traps have to
be cleaned from time to time and it must be so indicated on the plans.
Typical drawings of all sediment control structures must be furnished
to the approving office. Pertinent information from design computa-
tions for all basins, waterways, and channels should be shown on the
plans. Ordinarily, the installation of sediment control structures, and
34
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the stabilization of exposed soils adjacent to these structures,will be
done before the start of any grading, clearing, or other disturbance of
the existing surface of the site.
Examples of guidelines for engineers and planners to use in
designing, installing, and maintaining various control structures and
vegetative practices are provided in the report "Standards and Speci-
31
fications for Erosion and Sediment Control in Urbanizing Areas, "
as well as in other documents. In some cases, the engineer may find
it necessary to use more stringent designs for certain site conditions
than would be indicated by the guideline. For example, with reference
to a structure such as an interceptor dike, the guidelines state that
"interceptor dikes must have an outlet that functions with a minimum
of erosion. " This is an obvious reflection on the known variability in
the erosion potential of soils from site to site.
Special information relative to on-site and off-site problem
soils, protected areas, calculations, and off-site plans are usually given
on the plan in a section entitled "Special Notes. " If, in the opinion of
the planner, some parts of the construction site contain problem soils,
instructions detailing methods for dealing with these will be shown
under "Special Notes. " Problem soils include those having poor
internal drainage, low resistance to water and wind erosion, tendency
to mudslide and downhill creep, and droughtiness.
Protected areas refer to woodlands, specimen trees, wetlands,
grasslands, and waterways. Areas not to be disturbed during con-
struction should be declared off-limits. Significant tree specimens
must be marked on-site and also on the development plans.
Calculations refer to such matters as the sediment trap
schedule, storm drainage schedule, grading schedule or balance sheet
on cuts and fills, and the volume of off-site fill sources. These should
be included with the water pollution abatement plan. Assistance with
these calculations can be provided by the local officer designated to
approve the water pollution abatement plan. The overall content of
35
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the "Special Notes" will be dictated by the nature and properties of
the individual construction site, and by local orders, regulations, and
ordinances. Several examples of these notations referring to timing
of soil stabilization measures, and certain other construction prac-
27 30
tices are set forth in Appendix B.
When the planner is satisfied that he has a plan that will gain
the approval of the official approving officer, he submits it to the
approving office. Examples of the approval statement, and certifi-
cations required by the planner and the developer are shown in Appen-
,. r, 30
dix C.
36
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IV. SELECTED REFERENCES
Watt, K. E. F., Planning - So There Will Be a Future, "
in C. Fadiman and J. White, Eds., Ecocide-And Thoughts
Toward Survival, Center for the Study of Democratic
Institutions, Santa Barbara, California, 1971, p. 103.
Thronson, Robert E., "Control of Sediments Resulting
from Highway Construction and Land Development, "
Environmental Protection Agency, Washington, D. C.,
September 1971.
Baram, M. S. , "Technology Assessment and Social Control, "
Science, Vol. 180, May 4, 1973, p. 465.
4. McHarg, Ian, "Design With Nature, " The Natural History
Press, Garden City, L. I., N. Y., 1969, pp. 31-93.
5. State of Maryland, Department of Water Resources,
B. C. Becker and T. R. Mills, Hittman Associates, Inc.,
"Guidelines for Erosion and Sediment Control Planning and
Implementation, " EPA-R2-72-015, Environmental Protec-
tion Agency, Washington, D. C., August 1972.
6. Soil Conservation Service, "Guidelines for the Control of
Erosion and Sediment in Urban Areas of the Northeast, "
USDA, Northeast Regional Technical Service Center, Upper
Darby, Pa., 1970.
7. Soil Conservation Service, "Construction Inspection, " Nation-
al Engineering Handbook, Section 19, U. S. Department of
Agriculture, Washington, D. C., 1970.
8. Robison, R. R., D. D. Fillis, and S. L. White, "Special
Report on Control of Turbidity During Construction of Teton
Dam and Power and Pumping Plant, " U. S. Department of the
Interior, Bureau of Reclamation, Washington, D. C. ,
January 1973, pp. 1-16.
9. Hottenstein, W. L., "Erosion Control, Safety, and Esthetics
on the Roadside-Summary of Current Practices, " Public
Roads, Vol. 36, June 1970, p. 29.
10. Bartlett, C. W., "Guidelines for Minimizing Soil Erosion
and Water and Air Pollution During Construction, " Advisory
Eng. No. 17, U. S. Department of Agriculture, Soil Conser-
vation Service, Washington, D. C., March 20, 1973,4pp.
37
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11. Blaser, R. E., and J. M. Woodruff, "The Need for Specific
2- or 3-step Seeding and Fertilizing Practices for Establishing
Sod on Highways, " Highway Research Record Vol. 246,
1968, p. 1. '
12. "Suggested Guidelines and Standards for Erosion and Sediment
Control Programs, " National Association of Conservation
Districts, P. O. Box 855, League City, Texas 77573.
13. Moore, W. W., "An Engineer Looks at Soil and Water in
Suburbia, " in Soil, Water, and Suburbia, Superintendent of
Documents, U. S. Government Printing Office, March 1968,
p. 55.
14. Kellogg, C. E., "Fit Suburbia to Its Soils, " in Soil. Water,
and Suburbia, Superintendent of Documents, U. S. Govern-
ment Printing Office, March 1968, p. 67.
15. Bauer, K. W., "Application of Soils Studies in Comprehensive
Regional Planning, " in L. J. Bartelli, A. A. Klingebiel,
J. V. Baird, and M. R. Heddleson, Eds., Soil Surveys and
Land Use Planning, Soil Science Society of America and
American Society of Agronomy, Madison, Wisconsin, 1966,
p. 42.
16. Merritt, F. S., Ed., Standard Handbook for Civil Engineers,
McGraw-Hill, N. Y., 1968, Section 21.
17. Clark, J. W. and W. Viessman, Jr., Water Supply and
Pollution Control, International Textbook Co., Scranton, Pa.
1965, p. 186.
18. "Urban Storm Drainage Criteria Manual, " Denver Regional
Council of Governments, Denver, Colorado, Vols. I and II,
March 1969.
19. Joint Committee of the Water Pollution Control Federation
and the American Society of Civil Engineers, Design and
Construction of Sanitary and Storm Sewers, WPCF Manual of
Practice No. 9, Water Pollution Control Federation,
Washington, D. C., 1970.
20. Wischmeir, W. H. and D. D. Smith, "Rainfall Erosion Losses
from Cropland East of The Rocky Mountains, " Agriculture
Handbook No. 282, U. S. D.A., Agricultural Research Service,
1965.
21. "Standards for Soil Erosion and Sedimentation Control in
New Jersey, " New Jersey State Soil Conservation Committee,
June 1972.
38
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22. Wischmeir, W. H., C. B. Johnson and B. V. Cross,
"A Soil Erodibility Nomograph for Farmland and Construction
Sites, " Jour. Soil and Water Conservation, September-
October 1971, p. 189.
23. Swerdon, P. M. and R. R. Kountz, "Sediment Runoff Control
at Highway Construction Sites-A Guide for Water Quality
Protection," Engineering Research Bulletin B-108, The
Pennsylvania State University, January 1973.
24. Williams, J. R. and H. D. Berndt "Sediment Yield Computed
with Universal Equation, " Jour. Hydraulics Division, ASCE,
Vol. 98, No. H 412, Paper No. 9426, December 1972, p. 2087.
25. Hanke, B. R. ^ "Planning, Developing, and Managing New
Urban Areas, ' in Soil, Water, and Suburbia, Superintendent
of Documents, U. S. Government Printing Office, Washington,
D. C., March 1968, p. 111.
26. Bair, F. H., "Planned Development in Suburbia, " in Soil,
Water, and Suburbia, Superintendent of Documents, U. S.
Government Printing Office, Washington, D. C., March
1968, p. 123.
27. "Erosion-Siltation Control Handbook, " Draft, Fairfax
County, Virginia, July 1971, pp. m-6 to IV-7.
28. Bureau of Reclamation, "Environmental Guidebook for
Construction, " U. S. Department of the Interior, 1973,
pp. 7-56.
29. "Erosion and Sedimentation Control Plan, Calvert Cliffs
Nuclear Power Plant, Units 1 and 2," Bechtel Corporation,
Gaithersburg, Md., May 1971, pp. 3-13..
30. "Check List for Submission of Land Development Plans, "
Howard County Soil Conservation District, Ellicott City,
Md., 8 pp.
31. Soil Conservation Service, "Standards and Specifications for
Erosion and Sediment Control in Urbanizing Areas, " U. S.
Department of Agriculture, College Park, Md., November 1969.
39
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IV. SELECTED BIBLIOGRAPHY
1. American Society of Planning Officials, "Problems of Zoning
and Land Use Regulation, " Superintendent of Documents,
Government Printing Office, 1968, 80 p.
2. Anderson, Stanford, Ed. , Planning for Diversity and Choice:
Possible Futures and Their Relations to the Man-Controlled
Environment, MIT Press, Cambridge, Mass., 1968, 340 p.
3. Eckbo, Garrett, The Landscape We See, McGraw-Hill, N. Y.,
1969, 223 p.
4. Fairbrother, Nan, Planning for the Twenty-First Century,
Knopf, N. Y., 1970, 397 p.
5. Kates, Robert, et al., "Comprehensive Environmental
Planning, " in M. H. Hufschmidt, Ed., Regional Planning:
Challenge and Prospects, Praeger, N. Y., 1969, p. 67-114.
6. Wallace, D. A., Ed., Metropolitan Open Space and Natural
Process, University of Pennsylvania, Philadelphia, Pa.,
1970, 199 p.
40
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V. EROSION CONTROL
O VE R VIEW
In a classical sense erosion is defined as the process by
which the land surface is worn away by the action of water, wind,
ice, or gravity. One of the natural processes by which the topo-
graphic features of the land are formed is referred to as natural
or geologic erosion. Except for some cases of shore and stream
channel erosion, natural erosion is a very slow process. In that
it has occurred at a slow and relatively uniform rate over thousands
of years, natural erosion does not, to any large extent create an
environmental problem. In fact, the sediment derived from such
erosion is an essential ingredient in the balance of the environment.
Water-generated sediment can become a serious problem
when natural vegetation is destroyed by man's activities. These
activities include exposing the soil surface, altering drainage
patterns, and covering permeable soil surfaces with impermeable
structures. All of these factors greatly accelerate the overall
rate of erosion. When this occurs, the erosion is commonly re-
ferred to as "accelerated" erosion. Such erosion is reported to
produce approximately 70 percent of all sediment generated in this
country. Accelerated erosion must be controlled in order to
minimize damage to water resources as well as land resources.
The three major causes of accelerated erosion are water,
wind, and gravity. Water generated erosion, or water erosion as
it is normally referred to, is by far the most severe form of ero-
sion from a water pollution standpoint, in that soil detached by
water is concentrated in waterways.
Wind erosion is a secondary contributor to water pollution.
The wind eroded particles deposited in their new location may be
more susceptible to water erosion in a later rain storm.
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Wind is the major cause of pollution in an arid area where rainfall
is scarce and little vegetation exists. However, in those areas
of the country having abundant rainfall and especially in well
developed urban areas, water, both as rainfall and runoff, is the
major culprit. This section will deal largely with the control of
water erosion. Keep in mind, though, that vegetative or chemical
soil stabilization practices used in reducing water erosion work
equally well in reducing wind erosion.
Gravity related erosion is reflected by landslides and soil
slippage. These are generally mass movements of soil resulting
from the construction of excessively steep or otherwise unstable
slopes. This form of erosion can be a serious source of sediment
pollution along waterways where slippage or sloughage results in
the direct introduction of soil into the waterway. Massive earth
moving activities along waterways, such as, dam construction and
major highway construction are most susceptible to pollution from
gravity erosion.
Accelerated water erosion can be divided into three major
categories: overland erosion, stream channel erosion, and shore
erosion.
(1) Overland Erosion - Overland erosion occurs on
denuded slopes above natural drainageways as a result of rain
splash and runoff. This category is the largest source of sediment
during construction operations and includes such types of erosion
as sheet, rill, and gully. Sheet erosion is the removal of a fairly
uniform layer of soil from the land surface as a result of rainsplash
and runoff. Rainsplash is the impact of the raindrop on a bare soil
surface. The force of impact breaks larger soil aggregates down
into finer particles which are more vulnerable to removal by en-
suing runoff. Additional damage is done when these finer particles
settle into soil pores to cause a decrease in the rate that water
penetrates into the soil. As a result of this "surface sealing",
runoff increases and additional soil is detached and transported
42
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downslope. The runoff associated with sheet erosion is referred to
as "sheet flow", which is runoff spread rather uniformly over the
slope. When sheet flow is heavy, water concentrates in low areas
to form rivulets which cause rill erosion. Such erosion is evidenced
by the development of small grooves spaced fairly evenly along the
slope. Individual rills range in depth and width up to several cms. (in.)
and when considered over the entire area reflect a considerable
soil loss (Fig. V -1). If left uncontrolled, erosion will increase in
in the rivulets to a point where they form gullies. Gully erosion is
a major problem in any unprotected area subjected to a concentrated
flow of water (Fig. V-2).
(2) Stream Channel Erosion - Accelerated stream channel
erosion occurs in intermittent or permanent storm channels as a
result of such factors as increased runoff from developing areas,
the removal of natural vegetation from stream banks, and channel
alteration on construction projects. Stream channel erosion causes
the greatest damage in urbanizing areas where a large increase in
runoff, coupled with construction encroachment onto floodplains,
results in massive channel degradation and increased capability
to transport sediment downstream (Fig. V-3).
FIGURE V-l Water concentrating in rivulexs
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FIGURE V-2 Gullies formed in unstabilized slope
FIGURE V-3 Stream channel erosion
44
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(3) Shore Erosion - Shore erosion occurs along large bodies
of water due to the impact of waves against a shoreline and the
resulting backwash. On major bodies of water, littoral currents
or long shore currents, also play a part. This type of erosion is
accelerated by such activities as the destruction of natural vege-
tation along the shoreline, construction encroachment onto the
shoreline, and the generation of waves as a result of boating
activity.
The severity of erosion is influenced by four major physical
factors: climate, vegetative cover, soil, and length and steepness
of slope.
(1) Climate - The climatic parameters affecting erosion
include the amount, intensity, and frequency of rainfall and the
temperature.
Although erosion is normally more severe on bare soils in
areas having abundant rainfall than in areas having little rainfall,
intensity and frequency of rainfall must be considered when compar-
ing areas of similar precipitation. Both of these rainfall factors
influence the amount of runoff that occurs. Runoff occurs when the
intensity of rainfall exceeds the infiltration rate of the soil and the
surface or depression storage. Frequency of rainfall influences the
moisture content of the soil, which in turn has a major influence on
the infiltration rate. The higher the moisture content, the lower the
infiltration rate and the greater the potential for runoff.
In temperate regions of the country subject to prolonged
ground freeze and considerable snowfall, temperature has a major
influence on erosion. A frozen soil is highly resistant to erosion.
However, rapid thawing brought on by warm spring rains can lead
to serious erosion. Temperature is also directly related to the
amount of organic matter which collects on the ground surface.
The cooler, less humid climate in the northern portion of the
country is more conducive to the build up of organic matter in the
surface soil than in the hotter climates of the Southern portions of
45
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the United States.
(2) Vegetation - Vegetation is one of the more important
factors influencing soil erosion. In most instances, vegetation is
the most desirable material for controlling soil erosion. It per-
forms a number of important functions including: shielding the soil
from the impact of the raindrops, retarding surface flow of water
thereby permitting greater infiltration, maintaining a pervious soil
surface capable of absorbing water and removing subsurface water
between storm events by transpiration. On a graded slope, the con-
dition of the installed vegetation will determine its effectiveness in
reducing erosion. A cover of vegetation which is not properly
established or maintained will not be fully effective in controlling
erosion.
(3) Soil - The types of soil at a site are another major
factor affecting soil loss. Soil properties most closely associated
with erodibility are texture, structure, and moisture content. Tex-
ture refers to the relative distribution of the various sized primary
soil particles. A fine-textured soil having large amounts of silt and
fine sand or highly expansive clay minerals is most susceptible to
erosion from rainsplash and runoff. Soil structure, on the other hand,
refers to the arrangement of primary soil particles. It influences
both the ability of the soil to absorb water and its physical resistance
to erosion. Granular structured soils containing large amounts of
fine sands and silts with little clay, are usually more erodible than
soils with a blocky or massive structure.
(4) Length and steepness of slope - All other factors being
equal, a long slope will collect more runoff than a short slope. The
more water collected, the greater will be the concentration of water
at the base of the slope and, thus, the greater the likelihood of erosion.
To minimize this problem, long slopes can be constructed so that they
function as a series of short slopes by utilizing diversion structures
such as benches, terraces, ditches, or dikes. Steepness of slope,
surface roughness, and the amount and intensity of rainfall govern
the velocity of the runoff flowing down the slope.
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METHODS OF CONTROL
When an area is exposed during construction, the severity of
erosion can be greatly reduced if proper control measures are used.
Erosion control measures perform one or more of the following
functions: minimize soil exposure, control runoff, shield the soil,
and bind the soil.
Minimizing soil exposure involves the staging of grading and
revegetation so that a minimum of soil surface is exposed at any
one time.
Runoff is controlled by the interception, diversion, and safe
disposal of runoff. It may also be controlled by decreasing the
amount of runoff through special grading practices, the staging of
construction activities, and the preservation of natural vegetation.
To shield the soil surface from the impact of raindrops and
from the scouring effects of both overland and channelized runoff
flow, various surface covers of mulch or paving materials are
used.
The binding of soil particles together to make them less
susceptible to removal by rainsplash or runoff is accomplished by
using both chemical and natural binders. Natural binders include
soil products such as clay, organic matter, and the roots of grow-
ing vegetation.
An effective tool in controlling erosion is good site planning.
This not only involves a judicious selection of control practices,
but also includes proper site selection and layout. This idea has
been discussed previously in the section of this report dealing
with "Site Planning".
Most erosion control practices can be grouped under the
following categories: surface roughening, interception and diver-
sion practices, vegetative soil stabilization, and non-vegetative
47
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soil stabilization.
(1) Surface roughening - Surface roughening practices,
such as scarification, "tracking", and the use of serrated slopes
are designed to decrease the amount of runoff as well as slow its
movement downhill. These practices reduce the ability of the
moving water to detach soil particles and transport them downhill.
Surface roughening by scarification along the contour of a
graded slope is an economical means of controlling runoff. The
grooves spread the runoff horizontally, slow its 'movement down-
slope and increase the infiltration rate (Fig. V-4).
FIGURE V-4 Properly scarified cut slope to control runoff
Moving a cleated dozer up and down a graded slope is another
popular means of providing a roughened slope. This practice is
referred to as "tracking" and is more adaptable to steep slopes
than scarification. It should also be noted that tracking does not
loosen the soil as much as scarification. A compacted surface
may be more beneficial in some instances, especially on long or
48
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steep slopes exposed to high intensity rainfalls.
Serrations made on cut slopes by conventional bulldozers at
varying intervals down the slope, referred to as serrated slopes,
are sometimes used as a means of reducing the velocity and volume
of runoff.
Roughening is also beneficial in the establishment of vegeta-
tion on a graded area. The horizontal grooves retain soil additives,
seed, and mulch that might otherwise have been washed down the
slope. This practice also increases moisture retention and loosens
the soil permitting plant roots to develop more readily.
(2) Interception and Diversion Practices - These are prac-
tices designed to intercept runoff before it has a chance to come in
contact with an erodible soil surface and to divert it to a safe dis-
posal area (Fig. V-5).
DIVERSION STRUCTURES ON
'"liM&Jijjijfer' tut
-»A«.wat." 0IVE8SION DIKE
FIGURE V-5 Typical diversion structures
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a. Diversion structures - These structures include
soil or stone dikes, ditches, and terraces or benches. They
are used extensively at the top of graded slopes to divert off-
site runoff away from the credible surface. Diversion struc-
tures are also located on long graded slopes to reduce the
amount of runoff coming in contact with the lower portion of
the slopes. Reverse benches along highway slopes are good
examples of this type of use.
Interceptor dikes are a specialized variety
of diversion structure. Their principle use is along
graded roadway rights-of-way. They are placed
across the right-of-way to intercept runoff and divert
it either onto a vegetated area or into a disposal struc-
ture or sediment detention structure. The dike is con-
structed with compacted soil or crushed stone or gra-
vel. The latter materials are preferred when con-
struction traffic must use the right-of-way (Fig. V-6).
SOIL INTtRCtPTOR DIKE
a t),~.
.. If,
FIGURE V-6 Interceptor dike on a graded right-of-way
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b. Disposal structures - Runoff disposal structures
are usually required to safely dispose of the concentrated
runoff collected by diversion structures.
Flexible downdrains, sectional downdrains,
flumes, and level spreaders are popular means of
conducting concentrated flow down a graded slope to a
disposal point. Both flexible downdrains and sectional
downdrains are manufactured products. The flexible
downdrain consists of a metal end-section connected
with a flexible fabric tube resembling a large hose
(Fig. V-7). In some cases, especially where long
term usuage is desired or when freezing weather con-
stitutes a serious maintenance problem, a standard
corrugated metal drain pipe is substituted for the
flexible tube.
HEXISLE D0WNBRAIN
FIGURE V-7 Flexible downdrain
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Sectional downdrains are usually half-round pipes
constructed of bituminized fiber, concrete, or metal (Fig. V-8).
Flumes, constructed of concrete or asphalt, are
not a commercial product (Fig. V-9). Metal flumes,
corrugated or plain, are available commercially.
For permanent disposal purposes level spreaders
are sometimes used. They usually consist of a bench cut
into undisturbed soil in such a manner that the bench plunges
back into the hillside, much like a "reverse bench", and
the forward edge, or lip is exactly level. The function of
the spreader is to collect the concentrated water from the
diversion structure and to spill it out over the lower lying,
stabilized hillside as nonerosive sheet flow (Fig. V-10).
FIGURE V-8 Sectional downdrain
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FIGURE V-9 Temporary flume made of concrete
DIKE
FIGURE V-10 Level spreader
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(3) Vegetative Stabilization - Vegetation is used both for
temporary or short-term stabilization and permanent or
long-term stabilization.
a. Temporary Stabilization - Temporary or short-
term stabilization involves the use of fast growing annual and
perennial plant material to provide interim protection, gen-
erally for a period of less than one year. Such use is nec-
essitated by prolonged grading delays and the completion of
final grading during seasons of the year when permanent
vegetative stabilization cannot be performed (Fig. V-ll).
b. Permanent Stabilization - When an area is to be
stabilized for a period of generally more than one year,
permanent or long-term vegetative soil stabilization is per-
formed. This involves the use of long-lived perennial plant
material, selected on the basis of specific site conditions.
These materials include grasses, legumes, ground covers,
vines, shrubs, native herbaceous plants, and trees (Fig. V-12).
FIGURE V-ll Temporary vegetation using annual rye grass
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FIGURE V-12 Herbaceous plants, shrubs, and trees
stabilizing slope
The installation of plant material requires
good site preparation involving soil preparation
and proper planting techniques (Fig. V-13). After
the vegetative cover becomes established, regular
maintenance is required to achieve a long-term cover
that adequately controls soil erosion. A point to
remember, however, is that plant materials vary in
the amount of maintenance required to sustain them.
On inaccessible slopes, the use of a low maintenance
cover is desirable from the standpoint of erosion control,
economics (Fig. V-14).
(4) Non-vegetative Soil Stabilization - As in the case of
vegetative soil stabilization, non-vegetative soil stabilization in-
cludes both temporary and permanent stabilization.
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FIGURE V-13 Application of grass seed on graded slope
FIGURE V-14 Crown vetch (perennial legume)
applied to steep stream bank slopes
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a. Temporary Stabilization - Temporary stabilization
involves the use of various coverings and binders that either
temporarily shield the soil surface from rainfall impact and
runoff or temporarily bind the soil particles into a more re-
sistant mass. Included in this sub-category of control prac-
tices are mulches, nettings, and chemical binders. Custom-
arily, these practices are used either to provide temporary
protection while a more permanent vegetative cover is devel-
oping (mulching) or to provide interim protection during
grading delays or until a long-term vegetative cover can be
established (Fig. V-15).
FIGURE V-15 Temporary netting on a roadway ditch
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(b) Permanent Stabilization - Permanent stabilization
becomes necessary when erosive or climatic conditions, or
other factors, preclude the use of vegetation. Areas com-
monly requiring this treatment include: excessively steep
slopes, graded areas containing groundwater seepage,
droughty soil or toxic soil conditions, soil surfaces in water-
ways exposed to high velocity concentrated flow, and shore
lines receiving high energy wave impacts.
In upland areas permanent non-vegetative sta-
bilization usually consists of a protective blanket of
coarse crushed stone, gravel, other durable materials.
When slope steepness exceeds the natural angle of
repose of these materials, or when serious sliding or
sloughage are likely, more rigid structures are re-
quired. These are usually concrete, wooden, or metal
retaining structures or pavements of concrete or
asphalt.
In waterways, a number of structural treatments
are often utilized. These consist of bank protection
structures and grade stabilization structures that help
control channel erosion or down-cutting. Bank protec-
tion structures are used normally along natural streams
and consist of either a protective revetment placed
directly on the bank or in-channel structures that deflect
or dissipate the velocity of the flow impinging upon
the bank (Fig. V-16).
Grade stabilization structures usually consist
of a series of check dams or energy dissipators that
both dissipate the energy of the flowing water and phys-
ically restrict down-cutting of the channel (Fig. V-17).
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FIGURE V-16 Streambank protected by stone rip-rap
FIGURE V-17 Gabion check dam and bank protection
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Where both bank and channel erosion are a prob-
lem, complete channel linings are sometimes used.
A note of caution on the use of linings is that they
should incorporate means for dissipating flow energy
in order to prevent the occurence of serious erosion
at the downstream terminus of the structure. Lining
with materials such as riprap may be chosen to dissipate
the energy.
A number of materials are used to construct grade
stabilization structures in waterways. These include
stone (used both as riprap or in wire "gabion" baskets),
concrete (used as rip-rap, interlocking blocks, paving,
or in concrete filled mattresses), and wood.
Shore protection structures resemble the struc-
tures used to protect stream banks. Normally, they
are revetments of stone or concrete.
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STRUCTURAL DESIGN AND CONSTRUCTION
Structures used to handle concentrated runoff in most cases
require a formal design and, in all cases, must be properly in-
stalled. It must be emphasized that these structures represent
only part of the overall effort to control erosion and sedimentation
and that the structural design must be closely coordinated with the
vegetative design. Temporary structures may not require a
specific design. Standards and specifications that establish uniform
criteria for these structures can generally be obtained from the local
soil and water conservation district. Permanent structures used to
control runoff during and after development, on the other hand, will
need a formal design.
Those responsible for the design of structural practices
should evaluate the conditions existing on the construction site.
If a standard design for a temporary practice is to be used, a
check on the conditions at the site should determine if this standard
criterion is adequate. If not, more stringent criteria should be used.
Some of the considerations involved in the design of various
practices include the following:
(1) For diversion structures that intercept and divert
runoff from a graded area (dikes, ditches, and terraces) "
a. The amount of surface runoff being diverted should
not be allowed to overtop the dike.Standard procedures for
3-6
estimating this quantity are available from several sources.
b. The grades should provide positive drainage to
the outlet.
c. The grades usually require vegetative or mechan-
ical stabilization. This is normally the case when the ground
slope is more than two percent along the dike and a long service
life is desired.
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d. Excessive grades should be eliminated inasmuch
as they are likely to result in excessive velocities that could
cause erosion.
e. The diverted runoff must be discharged directly
onto an already stabilized area or through grade stabilization
structures capable of handling the quantity being discharged.
f. When, erecting a diversion across a graded right-
of-way used by construction traffic, a gravel interceptor dike
should be used to provide adequate support.
(2) For level spreaders which will disperse the concentra-
ted flow created by a diversion structure onto a vegetated zone -
a. The length of the spreader will be dependent upon
the amount of water to be disposed. Tables relating the
amount of runoff to the length of the spreader can be found
7
in the Soil Conservation Service Manuals. The designer need
only compute the amount of runoff and select the length of
spreader from the tables.
b. The outlet lip is the most important feature of the
level spreader. The lip must be exactly level along the entire
length of the spreader in order to evenly spread the water over
the entire outlet lip. Failure to meet this requirement will
cause the flow to be concentrated in the low areas.
c. The excavation for the spreader must be well
stabilized with vegetation prior to use.
d. The addition of a long-lasting erosion control
netting, such as fiber glass netting, on the outlet lip would
be a further guarantee against erosion damage.
(3) For downdrains which will carry the water down a
graded slope to a disposal area without causing erosion _
a. The size of the structure is based on the amount
of surface runoff to be disposed and the hydraulic properties
of the structure's cross section.
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A number of charts and design aids are readily available
which relate the amount of discharge to the geometric prob-
lems of the structure, thereby facilitating the design
, 3-6
procedure.
b. Inlet and outlet conditions must be thoroughly
investigated.
c. Soil must be tightly compacted around the inlet
to prevent piping failure. Piping is the flow of water along
the outside of the inlet instead of on the inside.
d. Care must also be taken in the design to prevent
the water leaving the outlet of the structure from causing
erosion. The disposal area should be well stabilized with
vegetation. When the runoff contains sediment, it should be
disposed of above a sediment trap.
e. If the outlet cannot be located so that it discharges
onto a well vegetated area, it will be necessary to provide
some type of energy dissipator at the end of the downdrain.
The function of an energy dissipator is to slow the flow of
water and thereby decrease the chance of erosion as the
water enters onto the soil surface. The most popular type
of dissipator is an apron of large stones or broken concrete,
or a designed structure that provides a hydraulic jump and a
loss of energy.
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VEGETATIVE DESIGN
Vegetative design considerations are just as important as
those for structural design. Erosion and sedimentation hazards
can be minimized on construction sites by the proper integration
of vegetative stabilization practices with mechanical structures.
Site factors most often limiting the successful establishment
of plants on exposed subsoils typical of construction sites include
the soil chemical and physical properties,and the biological features
of the site.
Prime soil chemical factors refer to the supply of soil
nitrogen, phosphorus, calcium, magnesium, potassium, and trace
elements. Among the trace elements, aluminum and manganese
toxicity can be a problem in many soils of the temperate and humid
subtropical regions where the soil pH is in the strongly acid zone
(pH4.5). Among the major essential plant nutrients, soil nitrogen
is most often limiting to plant growth (in the Northeastern, South-
eastern, and Southwestern United States) followed by the amount
of available soil phosphorus. The best way to cope with these
potential problems is to collect representative samples of the
A, B, and C horizons of the various soil types found on the con-
struction site during the preliminary site evaluation. Soil analysis
can be conducted by private soil testing laboratories for soil pH,
phosphorus, potassium, magnesium, and other plant nutrients.
Assistance in the interpretation of soil test data can be provided
by the soil conservation district or State agricultural experiment
station experts. Results from these tests can be used to establish
the correct amount and frequency of application of commercial
fertilizers and limestone for successful plant growth. The soil
tests conducted on the A horizon (and upper B horizon) usually to
a depth of 15 cm., can be helpful in evaluating the quality of the
topsoil often set aside in topsoil stockpile areas.
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Prime soil physical factors often limiting to plant growth are
the supply of available soil moisture, soil texture, porosity,
aeration, structure or compaction, slope angle and exposure, and
soil temperature. Soil samples collected for chemical tests can
be used to estimate the silt plus clay contents of the A, B, and C
horizons. This soil property essentially determines the moisture
retention capability of topsoil and subsoils. Soils having a silt
plus clay content of less than 25 percent, or more than 85 percent,
can be expected to present serious problems for successful plant
growth. Where this soil problem is encountered, it should be
referred to the local soil conservation district soil and plant
scientists. Soil compaction produced by traffic of heavy machines
can be relieved during the preparation of a proper seedbed by use
of deep tillage and soil scarifying machines.
Optimum success in establishing plants on slopes is achieved
where slope angles do not exceed 3 horizontal to 1 vertical (33 per-
p_ Q
cent slope). Exceptions do exist, however. Highway slopes of
1:1 (100 percent slope) in the mother lode country of California (con-
9
sisting of basic soils) have been successfully revegetated. For
most soils having a silt plus clay content greater than 85 percent,
cut slope angles should be kept as flat as possible, because these
soils possess small pores which create problems for plant root
penetration and water infiltration.
Slopes having southerly or southwestern exposures should be
planted to heat and drought resistant grasses and legumes. Avoid
planting cool season grasses and legumes on any but the northerly
and easterly slopes.
Prime biological factors refer largely to the incidence of
plant diseases and insects attacking plants used to stabilize exposed
soils. Assistance on these problems can be obtained from county
agents, soil conservation districts, and others expert in entomology
and plant pathology.
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Ordinarily, there are few problems from plant diseases and insects
among the grasses most widely used for soil stabilization.
Useful criteria for selecting plant materials for stabilization
of soils on construction sites are:
(1) high degree of resistance to heat, cold, insects, and
diseases
(2) potential for rapid lateral shoot and root growth suf-
ficient to quickly fill its niche
(3) capacity for low, compact growth habit
(4) potential for nitrogen fixation by root system
(5) low maintenance requirements
(6) high drought resistance
Major knowledge gaps are evident with respect to the success-
ful establishment and maintenance of grasses, legumes, and woody
plants on urban and other construction sites. Assistance on
the selection of grasses, trees, and shrubs suitable for various
regions can be obtained from the local soil conservation district,
and from the offices of the Soil Conservation Service.
Other site factors often limiting successful establishment of
plants refer to the intensity and duration of sunlight, and ranges
in seasonal temperature, rainfall, and wind velocities on different
construction sites. Because of the relatively fixed path of the
sun's motion, different slopes receive different amounts and dura-
tions of sunlight. Slopes facing southward receive the most sun-
light. North-facing slopes receive the least* Wooded areas and
tall buildings can intercept sunlight and alter the duration of sun-
light. During the planning stage, these conditions, should be iden-
tified early and selections made of plants adapted to shade, or
tolerant of relatively long periods of low light intensity.
The seasonal ranges of air temperature and rainfall distri-
bution often vary widely within different parts of the same state.
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These factors must be taken into account, since they determine
the latest frost-free planting dates, periods of most intense rain-
storms, and the most likely drought periods. In areas (urban and
rural) where hot, dry, or cold winds are common during the grow-
ing season, extra effort will be needed to choose plant species
adapted to these climatic excesses.
EFFECTIVENESS ANALYSIS
To date, little research has been conducted to determine
the universal or nationwide effectiveness of individual or combined
controls. This is largely because of limited field exposure, a
still developing "state-of-the-art", and problems associated with
regional variables. In most instances, the data being compiled
have only regional applicability. Table 1 is an example of such
a regional data compilation, showing the effectiveness of various
ground covers at construction sites in Fairfax County, Va.
These results suggest comparable effectiveness between vegetative
and non-vegetative stabilization methods.
In other work, a model watershed in Montgomery County,
Maryland was used for developing methodology for evaluating the
economic impact of erosion and sediment controls during urbani-
zation. The effectiveness of various treatment alternatives was
12
estimated largely by use of the Universal Soil Loss Equation. Surface
land treatment and structural controls were evaluated as a means
of optimizing erosion and sediment control systems.
There is a real need for continuing research in determining
the effectiveness of various control measures. Research dealing
with localized conditions in different parts of the country is needed
because trends and comparisons can be established with respect to
various control structures and practices.
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TABLE 7-1. EFFECTIVENESS OF GROUND COVER ON
EROSION LOSS AT CONSTRUCTION SITES
IN FAIRFAX COUNTY, VIRGINIA
KINDS OF GROUND COVER SOIL LOSS REDUCTION RE-
LATED TO BARE SURFACES
(percent)
Vegetative Stabilization*
Permanent grasses
Ryegrass (Perennial)
Ryegr as s( Annual)
Small Grain
Millet & Sudangrass
Field Bromegrass
Grass Sod
Non- Vegetative Stabilization
Hay (4485 kg/ha; 2 tons/acre)
Small Grain Straw
(4485 kg/ha; 2 tons/acre)
Corn Residues
(8970 kg/ha; 4 tons/acre)
Wood Chips
(13,455 kg/ha; 6 tons/acre)
>;<* Wood Cellulose Fiber
(3364 kg /ha; 1 3/4 tons/acre)
** Fiberglass
(1120 kg/ha; 0.5 tons/acre)
** Asphalt Emulsion
(1167 liters/ha; 125 gals, /acre)
99
95
90
95
95
97
99
98
98
98
94
90
95
98
* Based on fully established stand
** Experimental - not fully validated
68
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V. SELECTED REFERENCES
1. State of California, Division of Highways, "Bank and Shore
Protection in California Highway Practice, " Department of
Public Works, November 1970.
2. State of Maryland, Department of Water Resources, and
B. C. Becker, T. R. Mills, Hittman Associates, Inc.,
"Guidelines for Erosion and Sediment Control Planning and
Implementation," EPA-R2-72-015, Environmental Protection
Agency, Washington, D. C., August 1972.
3. Merritt, D. S., Ed., Standard Handbook for Civil Engineers,
McGraw-Hill, N. Y., 1968, Section 21.
4. Clark, J. W. and W. Viessman, Jr., Water Supply and
Pollution Control, International Textbook Co., Scranton, Pa.,
1965, p. 186.
5. "Urban Storm Drainage Criteria Manual, " Denver Regional
Council of Governments, Denver, Colorado, Vols. I and II,
March 1969.
6. Joint Committee of the Water Pollution Control Federation
and the American Society of Civil Engineers, Design and
Construction of Sanitary and Storm Sewers, WPCF Manual
of Practice No. 9, Water Pollution Control Federation,
Washington, D. C., 1970.
7. Soil Conservation Service, "Standards and Specifications
for Soil Erosion and Sediment Control in Urbanizing Areas,"
U. S. Department of Agriculture, College Park, Md.,
November 1969.
8. Hottenstein, W. L., "Erosion Control, Safety, and Esthetics
on the Roadside-Summary of Current Practices, " Public
Roads, Vol. 36, No. 2, June, 1970, p. 29.
9. Soil Conservation Service, "Roadside Stabilization Pays, "
U. S. Department of Agriculture, Portland, Oregon, 1970
6 P.
10. United States Department of Agriculture, "A National Pro-
gram of Research for Plants to Enhance Man's Environment, "
Turf Bulletin, Winter, 1969.
69
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11. "Erosion-Siltation Control Handbook, " Fairfax County,
Virginia, August 1972.
12. Dow Chemical Corporation, "An Economic Analysis of
Erosion and Sediment Control Methods for Watersheds
Undergoing Urbanization, " Final Report, February 14, 1972.
V. SELECTED BIBLIOGRAPHY
1. Chang, Fred M. and M. Karim, "Erosion Protection for
the Outlet of Small and Medium Culverts, " South Dakota
Department of Highways, February 1970.
2. Soil Conservation Service, "Controlling Erosion on Con-
struction Sites, " Agric. Information Bulletin No. 347,
U. S. Department of Agriculture, Washington, D. C.,
December 1970.
3. " Soil Erosion: Causes and Mechanisms; Prevention and
Control, " (Special Report No. 35), Highway Research
Board, National Research Council, Washington, D. C., 1973.
4. Spooner, A. E. and C. L. Murdoch, "Erosion Control on
Highway Rights-of-way in Arkansas, " Highway Research
Project No. 15, Arkansas State Highway Department, June
1970.
5. Woodruff, J. M. and R. E. Blaser, "Stabilizing Disturbed
Areas During Highway Construction For Pollution Control, "
First Interim Report, Virginia Dept. of Highways, October
1971.
70
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VI. SEDIMENT CONTROL
OVERVIEW
Sediment control relates to that portion of the overall erosion
and sediment control program dealing with sediment generated by
unpreventable erosion. It must be understood that we can only
expect "reasonable" erosion control. Thus, even with the best
plan, some erosion must be anticipated. This being true, some
sediment will be generated. Accordingly, there is a need for a
second line of defense on construction sites to minimize sediment
damage.
The combined processes of soil detachment,dispersion,
transportation, and eventual deposition are referred to as sedimen-
tation. This section will deal only with the transportation and depo-
sition process. Detachment was covered under "Erosion Control. "
The detached soil particles are transported both as suspended
sediment and bedload sediment. The suspended sediment is com-
prised of inorganic soil particles (fine sand, silt, and clay) and
organic particles carried and supported by the water itself. Bedload
sediment, on the other hand, refers to the coarser particles of soil
that slide, roll or bounce along the channel bottom.
The nature and extent of sediment transportation and deposition
is largely determined by three basic factors: characteristics of
flow, properties of the particles, and character of the fluid.
(1) Characteristics of Flow - The characteristics of flow
relate mainly to the velocity, turbulence and the quantity of the
water. As these flow characteristics increase, the water not only
has a greater potential for eroding soil, but also an increased
potential for transporting the soil. When these characteristics
decrease, the potential of the moving water to erode and transport
71
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also decreases, resulting in deposition of sediment particles.
(2) Properties of the Particles - These relate to the actual
size, shape and density of the particles in the water. Smaller,
lighter particles, sucli as fine sand and clay, are more easily
transported by water than coarser particles. The coarser particles,
on the other hand, are more quickly deposited.
(3) Character of the Fluid - This relates to the density of
the transporting fluid. Density influences the ability of the water
to hold the particles. This holding ability is called bouyancy.
METHODS OF CONTROL
There are two basic types of sediment control practices -
vegetative and structural. Vegetative controls are intended to
filter and retard overland flow so that deposition occurs. When
vegetative practices will not by themselves provide the desired degree
of protection, or when flow becomes concentrated as it does in drain-
age structures, structural controls must also be utilized.
Sediment control practices are designed to slow the flow of
runoff water by filtering and ponding. By so doing, the ability of
the water to transport sediment is reduced and sediment settles
out. The amount of sediment removed by filtering depends upon
the nature of the flow and the degree of filtering action provided.
For practices that do not involve filtering, the amount of sediment
that is removed is largely dependent on factors of the flow velocity
through the structure, the length of time the water is detained in
the structure, and the size and weight of the sediment particles
carried into the structure. Some detention structures are capable
of removing only the coarse textured sediment, whereas the larger
more sophisticated structures, such as ponds, can remove appre-
ciable quantities of the finer textured material as well.
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(1) Vegetative Control Practices - The principle types of
vegetative practices include vegetative buffers and the sod inlet
filter. Buffers are used to detain, absorb, and filter overland
runoff and thus remove sediment from the water. They include
natural vegetative buffers, installed vegetative buffers, and con-
tour strips or buffers.
a. Natural Buffers - The use of natural vegeta-
tive buffers involves the preservation and protection of a
strip of natural vegetation, consisting of grasses, herbaceous
plants or a woodland located along natural waterways.
(Fig. VI-1).
FIGURE VI-1 Planning for the preservation of a
natural vegetative buffer
b. Installed Vegetative Buffer - Where the existing
vegetation will not form a satisfactory buffer or where an
open waterway is constructed, an installed buffer is used.
This is accomplished by staging the grading and revegetation
73
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so that a strip on either side of the waterway is quickly graded,
roughened, and revegetated prior to the initiation of grading
in upland areas. Use of such buffers between cut or fill slopes
and drainage swales can significantly reduce the quantity of
sediment carried into waterways by overland flow (Fig. VI-2).
Flattening the slope in the buffer area will further reduce
sediment pollution. This practice will be discussed further
in this section under "structural practices. "
FIGURE VI-2 An installed buffer between an exposed
graded slope and a waterway
c. Contour Strips - This consists of placing vegeta-
tive strips, usually sod, at intervals along the contour of a
graded slope to filter flow and check erosion.
d. Sod Inlet Filter - This is constructed by placing
grass sod around a storm drain inlet (Fig. VI-3). Like the
buffer and the contour strip, its purpose is to filter sedi-
ment out of overland flow. It should not be utilized when
heavy sediment loads are anticipated. More elaborate
74
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traps are required to effectively handle heavy loads.
FIGURE VI-3 Sod inlet filter
(2) Structural Control Practices - Sediment control struc-
tures include filters, traps, basins and diversion structures.
These practices vary widely in cost, complexity, and effectiveness.
Commonly used filters include the gravel inlet filter and the filter
berm. Both are constructed out of coarse crushed stone or gravel
and are usually only effective in removing the coarser textured
sediment.
a. Gravel Inlet Filter - As the name implies, this
is simply a pile of stone or gravel placed around or in front
of an inlet (Fig. VI-4). The filter berm is a large stone or
gravel dike placed across graded areas where runoff concen-
trates or at the disposal points along diversion dikes. The
function of both filters is to temporarily detain runoff and
filter out sediment. Since these structures are constructed
of coarse crushed stone or gravel, they are highly resistant
to erosion when over-topping occurs.
75
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FIGURE VI-4 Gravel inlet filter
b. Sediment traps - These are generally thought of
as the smaller detention structures used to trap the coarser,
more damaging sediment. These include straw bales or
sand bags placed across small drainageways to detain runoff
and filter sediment (Fig. VI-5). Excavated traps may be
placed around storm drain inlets (Fig. VI-6) and in ditches
and other small drainageways. When these structures are
positioned at regular intervals along a drainageway, or at
storm drain inlets, a high degree of trapping efficiency can be
achieved. Another structure called a stone trap can be placed
across stream channels to temporarily detain flow and trap
sediment. This type of trap consists of a dike of randomly
placed stone,sized according to expected flow rates.
c. Sediment basins - These are used on larger
drainageways and consist of temporary or permanent impound-
ments constructed by damming a waterway, by excavating a
large depression, or a combination of both.
76
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FIGURE VI-5 Sand bags placed across a small drainageway
FIGURE VI-6 An excavated sediment trap
77
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Whereas the filters and traps are on-site practices, these
structures comprise the perimeter or outer defense line
against off-site sediment pollution. When properly designed,
constructed and maintained sediment basins are capable of
removing a significant quantity of both coarse and fine tex-
tured sediment from stormwater runoff.
Sediment basins are commonly referred to as "dry basins"
or "wet basins". Dry basins temporarily detain runoff (Fig.
VI-7) and thus allow sediment to settle out of suspension,
whereas wet basins are ponds that provide additional storage
for stormwater, but do not drain dry (Fig. VI-8). Through
good planning these structures can provide pollution protection
even after the construction is complete. If properly designed
and positioned, both types of structures help reduce down-
stream channel erosion and the resulting sediment pollution.
FIGURE VI-7 A "dry basin" partially filled with sediment
78
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FIGURE VI-8 A "wet basin" trapping sediment
d. Diversion structures - These include dikes,
ditches, and terraces, used in sediment control as well as
in erosion control. This is the case when the structure is
used to intercept sediment laden runoff coming from a graded
area and to divert it to a safe disposal area (Fig. VI-9). The
disposal area, in this case, would normally be a basin, trap,
or filter. In many instances, a diversion structure will
function partially as a trap. This happens when the gradient
behind or within the structure is low.
(3) Specialized Sediment Control Techniques - These refer
to channel relocation and water treatment.
a. Channel Relocation - Where construction occurs
on a floodplain, as in the case of dams, channel relocation is
sometimes a means of reducing sediment pollution. This
practice, however, can cause channel degradation if the grad-
ient is increased. To minimize sediment pollution from the
79
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FIGURE VI-9 An interceptor dike impounding runoff
and diverting it to gravel inlet filters
excavation work for the new channel, plugs are left at both
2
the upstream and downstream ends. When all interior grad-
ing and stabilization is complete, first the downstream, plug, and
then the upstream plug is removed. Once water is flowing through
the new channel, the old channel is sealed off or completely filled
with gravel or earth material in the channel.
b. Water Treatment - Some areas undergoing con-
siderable construction activity may require treatment of
the runoff to remove sediment. This is normally accom-
plished by either the use of a water clarifier or a temporary
treatment plant capable of using chemical additives to
flocculate the sediment.
The water is usually diverted to a pond and
then pumped to the system to undergo treatment. After
treatment the water is discharged into the waterway.
These types of treatment are expensive and generally
80
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would only be justifiable on large construction sites where the
possibility of serious pollution exists and where other less
sophisticated and costly techniques cannot be employed. Near-
ness of the construction to the receiving water is another fac-
tor influencing the need for water treatment.
DESIGN, CONSTRUCTION, & OPERATIONAL CONSIDERATIONS
In the installation of a vegetative buffer or contour strip,
consideration should be given to the susceptibility of the cover to
temporary on-site water inundation and sediment deposition. The
type of vegetative cover used should be deep-rooted and be able to
adjust to the low oxygen levels caused by this periodic flooding and
sediment covering. The plant materials used to detain and filter this
runoff should be perennials intermixed with fast growing annuals
seeded at a low rate, to allow establishment of the perennial species.
Sediment control structures, such as inlet filters and other
small structures, may not require individual design as standard de-
signs may be applicable. They should, however, be constructed
carefully to provide maximum site protection. On urban construction
sites and major highway projects where storm drains are used, the
prevention of sediment damage to the drainage system becomes a
particularly important task. Failure to take adequate measures to
trap much of the sediment before it reaches an inlet may lead to
costly damage to the storm drainage system. Some of the consider-
ations for installation of these practices are as follows:
(1) For a gravel inlet filter made of crushed rock or gravel
to trap sediment prior to entering the inlets -
a. the configuration of the gravel inlet filter will
depend on the type of inlet being protected.
81
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b. The throat opening of curb inlets should be pro-
tected either with concrete block or a board placed across
the opening with a space of at least 1. 3 centimeters (one-half
inch) at top and bottom. This will prevent the stone or gravel from
falling into the storm drain.
c. The clogged filter material should be cleaned
or replaced after each storm.
(2) For sediment traps, such as sand bags and straw bales,
that can be used either at stormdrain inlets or in minor swales or
ditches -
a. The sandbags should be stacked in an interlocking
fashion to provide additional strength for resisting the force
of the flowing water.
b. The service life of the straw bale trap can be pro-
longed by using wire-tied bales rather than those tied with
twine.
c. In constructing the straw bale trap, the bales
are laid on their sides and staked in place. At least two
wooden or metal stakes are driven through each bale and
into the ground.
d. Piping is a major cause of failure. The possi-
bility of piping failure can be greatly reduced by setting the
sandbags or straw bales in a trench excavated to a depth of
at least 15 centimeters (6 inches) and by firmly tamping soil
along the upstream face of the trap.
e. Periodic inspection and very prompt maintenance
of these structures is essential if they are to function ade-
quately.
(3) For a sediment basin requiring a formal design -
Standard design criteria may vary from one state to another and
can usually be obtained from the local soil conservation district.
In Maryland, for example, the sediment basin designer will take
82
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3
into account the following rule of thumb considerations:
a. The site should be selected to provide adequate
storage for not less than 1. 3 centimeters per hectare (0. 5
inches per acre) of drainage area. The sediment basin should be
cleaned out when the effective storage capacity drops below 0. 5
centimeters per hectare ( 0. 2 inches per acre) of drainage area.
b. The combined capacity of the pipe and emergency
spillway should be designed to handle a ten year frequency
storm on drainage areas of 8 hectares or less (20 acres or
less). Runoff should be computed by an acceptable method),
and should be based on soil cover conditions expected to pre-
4-7
vail during the anticipated effective life of the structure.
The hydraulic efficiency of the pipe spillway can be in-
creased by using a riser with a cross sectional area of at least
1. 5 times the cross sectional area of the horizontal pipe.
The crest of the riser must be properly positioned.
When used in combination with an emergency spillway, the
crest elevation of the riser should be at least one foot below
the elevation of the control section of the emergency spillway.
If no emergency spillway is provided the crest elevation of the
riser should be at least 91 centimeters (3 feet) below the crest
elevation of the embankment. Freeboard for a sediment basin
without an emergency spillway should be at least 60 cm. (2.0
feet) where freeboard is defined as the difference in elevation
between the design highwater and the top of the settled embank-
ment.
An antivortex plate and trash rack should be attached
at the top of the riser pipe to increase the intake capacity of
the pipe and at the same time to minimize the possibility of
trash blockage.
The riser should have an anchor attached to its base
with a water tight connection. The anchor must be of sufficient
weight to prevent flotation of the riser.
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Conduits beneath embankments consisting of materials
with low silt-clay fractions should be provided with anti-seep
collars where the pipe diameter is 25 centimeters (10 inches)
or greater. For dry structures a perforated riser pipe should
be used with a suitable filter device.
c. The minimum capacity for an emergency (earth)
spillway will be that required to pass the peak flow from a
design storm less any reduction passing to the pipe spillway.
3
Charts and tables are available to facilitate design. The
embankment and spillway should receive adequate vegetative
stabilization. Velocities in the exit channel should be low
enough so that they do not cause any damage. Freeboard should
be 30 centimeters (1. 0 foot) for a sediment basin with emer-
gency spillway.
d. The designer must consult the local specifications
for compliance with minimum top width and side slope require-
ments of the embankment.
e. Various miscellaneous considerations include:
-Close control must be provided to insure that
proper construction practices are employed.
-Only suitable soils must be used to construct
the dam using a good degree of compaction.
-Periodic maintenance of the basin is essential.
The designer should indicate at what elevation clean-
ing will be required.
MAINTENANCE
The most important element of maintenance practice, whether
in reference to vegetative or structural measures, refers to the in-
dication in contract and development plans of clear cut lines of re-
sponsibility for the installation of these measures at specific times
and places on the construction site. Closely related to this is the
assignment by the contractor, of people who understand the importance
84
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of well defined on-site inspection routines. By this is meant that
some sediment control structures such as sandbag and straw bale
sediment barriers require daily inspection because they are subject
to vandalism. Diversion dikes, filter berms, flexible downdrains,
interceptor dikes, level spreaders, sediment retention basins or
ponds, and other structures require inspection after each rainstorm.
Without exception, it is safe to say that the best time to inspect most
vegetative and structural practices following initial installation, is
when a major storm event is actually in progress. Corrective deci-
sions made on-site at this time can reduce sediment damages and
operating costs in the long run.
With regard to revegetation practices, it is important to
establish a multi-step program of application of fertilizers following
the initial liming, seeding, and mulching steps. In areas where
revegetation failed initially, it is important to determine what correc-
tive measures are needed and then carry them out. Maximum vege-
tative stabilization of all exposed soils, whether of a temporary or
permanent nature, is of the utmost importance.
Relative to sediment control structures, it is most important
to develop a routine schedule for the removal of sediment from settling
ponds and sediment basins. An integral part of this schedule is the
disposal of the sediment in a manner that will preclude its return to
downstream areas during runoff storm events. A rule of thumb for
arriving at a cleaning out time for a settling pond is when it has
reached 50 percent of its sediment storage capacity. Sediment re-
moved from a settling pond can be disposed of behind a protective
berm or grass filter strip. Where larger quantities of sediment are
removed, as from sediment basins, it will be necessary to obtain
guidance from people who are expert in these matters.
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EFFECTIVENESS ANALYSIS
Based on the present state-of-the-art, it is difficult to assign
an accurate universal effectiveness value to a sediment control prac-
tice or combination of practices. This is because of the many com-
plex factors influencing effectiveness. These include soil credibility,
climate, types of control practices being used, physical characteris-
tics of the sediment, and flow characteristics, to name a few. Another
factor is the near absence of adequate standard design and construc-
tion criteria for many of the sediment control practices for different
slope conditions. Where standard design procedures do exist, as in
the case of sediment basins, a more accurate assumption could be
made as to effectiveness. Techniques are available for determining
4
trapping efficiency in large reservoirs. This technique may be
applicable to large sediment impoundments. Sediment basins are
generally designed to have a minimum of 70 percent effectiveness.
A technique has been developed for determining the effective-
ness of practices or combinations of practices using the Universal
Q
Soil Loss Equation. It will provide a general measure of the
effectiveness of a particular procedure versus no procedure.
86
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VI. SELECTED REFERENCES
1. Maryland, State of,Annapolis, Maryland, Dept. of Water
Resources and B. C. Becker, and T. R. Mills, Hittman
Associates, "Guidelines for Erosion and Sediment Control -
Planning and Implementation, " EPA R2 72015, Environmental
Protection Agency, Washington, D. C., August 1972.
2. Robison, R. R., D. D. Fillis., S. L. White, "Special Report
on Control of Turbidity During Construction of Teton Dam
and Power & Pumping Plant," U. S. Dept. of the Interior, Bureau
of Reclamation, January 1973, p. 1-16.
3. Soil Conservation Service, "Standards and Specifications
for Soil Erosion & Sediment Control in Urbanizing Areas, "
U. S. Dept. of Agriculture, College Park, Md., November
1969.
4. Merritt, D. S., Ed., Standard Handbook for Civil Engineers,
McGraw-Hill, N. Y., 1968, Section 21.
5. Clark, J. W. and W. Viessman, Jr., Water Supply and
Pollution Control, International Textbook Co., Scranton, Pa.,
1965, p. 186.
6. "Urban Storm Drainage Criteria Manual, " Denver Regional
Council of Governments, Denver, Colorado, Vols. I and II,
March 1969.
7. Joint Committee of the Water Pollution Control Federation
and the American Society of Civil Engineers, Design and
Construction of Sanitary and Storm Sewers, WPCF Manual
of Practice No. 9, Water Pollution Control Federation,
Washington, D. C., 1970.
8. Dow Chemical Corporation, "An Economic Analysis of
Erosion and Sediment Control Methods for Watersheds
Undergoing Urbanization, " (C-1677), Final Report Febru-
ary 14, 1972.
87
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VI. SELECTED BIBLIOGRAPHY
1. American Society of Agricultural Engineers, "Erosion and
Sediment Control on Urban and Construction Sites - An
Annotated Bibliography, " ASAE, St. Joseph, Michigan, 1972,
13 pp.
2. Beasley, R. P., Erosion and Sediment Pollution Control,
Iowa State University Press, Ames, Iowa, 1972.
3. Brune, M., "Trap Efficiency of Reservoirs, " Trans, American
Geophys. Union, Vol. 34, No. 3, June 1953, pp. 407-418.
4. Proceedings of the National Conference on Sediment Control, "
U. S. Department of Housing and Urban Development,
Washington, D. C., September 14-16, 1969.
5. Soil Conservation Service, "Sediment - It's Filling Harbors,
Lakes, and Roadside Ditches, " U. S. Dept. of Agriculture,
Information Bulletin No. 325, December 1967.
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VII. POLLUTANTS OTHER THAN SEDIMENT
OVERVIEW
The major water pollutant generated on construction sites
and other nonpoint or area sources is considered to be suspended
sediment (both mineral and organic solids) most commonly dis-
persed and transported from its site of origin into streams by the
action of water and wind. Potential pollutants other than sedi-
ment associated with construction activity include pesticides
(insecticides, fungicides, herbicides, and rodenticides), petro-
chemicals (oil, gasoline, and asphalts), solid wastes (paper, wood,
metal, rubber, plastic, and roofing materials), construction chem-
icals (acids, soil additives, and concrete curing compounds), waste-
water (aggregate wash water, herbicide wash water, concrete cool-
ing water, coredrilling wastewater, and .cleanup water from con-
crete mixers), garbage, cement, lime, sanitary wastes, and fertil-
2
izers.
Practices must be used that prevent these potential pollutants
from leaving the construction site. Good erosion and sediment
control, coupled with stormwater management,will deter the move-
ment of large amounts of sediment off the site. But it must be
recognized that pollutants carried in solution, in runoff water, on
sediment by adsorption, in solid organic materials, as metallic
coatings, or fixed within sediment crystalline structures (e.g.,
crystalline clays) will be carried through the erosion and sediment
control defenses. Recent work shows that the trace metals copper,
cobalt, and chromium are transported in rivers largely by fixation
within sediment crystalline structures. On the other hand, manga-
nese, iron, and nickel are transported largely as metallic coat-
3
ings on sediment particles. Pollutants such as oils, waxes, and
water insoluble pesticides form surface films on water and on
89
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solid particles. Oil films, as a matter of fact, serve as a medium
for concentrating water insoluble insecticides.
Other than by use of very costly water treatment facilities,
or long runoff water-detention periods, these pollutants become
nearly impossible to control once present in the runoff. The most
economical and effective controls for pollutants other than sediment
generated on construction sites, are the exercise of good "house-
keeping" practices, and an awareness by construction workers,
planners, engineers, and developers of the need and purpose for
compliance with Federal, State, and local regulations. For example,
most pesticides can kill forms of life other than their pest targets.
Certain insecticides can persist for a long time in soil and water,
and many toxic chemicals can be passed along plant and animal
4
food chains. Similarly, high levels of nutrients (principally
phosphorus and nitrogen) from fertilizers used to revegetate ex-
posed subsoils in graded areas, may enter waterways and increase
the growth of phytoplankton at the surface to such an extent
(extreme enrichment) that light penetration in the water column is
decreased. The end result of overenrichment in large bodies of
water is decreased productivity. In confined water bodies,
overenrichment can lead to complete deoxygenation of the water
and ultimate loss of fish and other living forms. Ways must be
found to protect ponds, lakes, streams, and coastal and estuarine
waterbodies from damage by sediment and other pollutants generated
during construction activities.
The variety of pollutants and the severity of the damage they
cause depend upon a number of factors. The most significant of
these include:
(1) The nature of the construction activity
(2) The physical characteristics of the construction site,
including such factors as climate, topography, soil condition,
drainage systems, etc.
(3) The quantity and quality of the receiving waters (that
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is, the amount and purity of the water receiving the contaminated
runoff).
It is reasonable to expect, for example, that potential pollution
resulting from fertilizers used during revegetation would be more
severe on a highway or a housing development than for a shopping
center development. This is because highways and housing develop-
ments usually have far greater landscaping requirements than shop-
ping centers which are composed mostly of rooftops and pavement.
The physical characteristics of the construction site have a
major bearing on the potential severity of pollution from construction
activities. As in the case of sediment, the vast majority of all pollu-
tants are carried into the receiving waters via runoff. The amount
of runoff coming from a construction site is dependent upon hydrologic
factors. These include the amount, intensity and frequency of rain-
fall, the infiltration rate of the soil, surface roughness, and the length
and steepness of the ground slope. Large areas denuded or stripped
of vegetation, long slopes, steep slopes, tight soils, and high inten-
sity rainfall are all factors conducive to heavy runoff.
Another physical factor influencing the severity of pollution is
the proximity of the pollutant, or potential pollutant, to the receiving
water. For example, fertilizers applied to a stream bank are more
apt to cause water pollution than fertilizers applied to a slope well
upland of the waterway.
Infiltration of stormwater runoff into the soil is a natural
means of controlling surface water pollution, but it could lead to
groundwater pollution. Infiltration refers to the passage of water
into the soil. Bacteria, organic residues, and dissolved chemicals
carried into the soil by water are often trapped in the upper soil
horizons. The effectiveness of the soil in trapping such pollutants
is dependent upon soil characteristics, hydrologic factors, and
nature of the pollutant.
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Some nonpersistent chemicals and residues are effectively
broken down by soil organisms into other products that can be used
by plants and other organisms. However, persistent chemical pollu-
tants which are not broken down by soil organisms, or which are
broken down into by-products more toxic than the parent material,
could result in future contamination of groundwater. The potential
threat that these pollutants pose is dependent upon the quantity and
type of the pollutants, the nature of the holding soil, and the location
of the groundwater table. Highly permeable soils and a shallow ground-
water table are conducive to groundwater contamination from persis-
tent pollutants carried into the soil by stormwater.
During this study, little information could be located on the
nature, extent, and control of nonpoint source pollutants, other than
sediment, generated from construction activity. Basic research is
needed in this area in order to more accurately assess the nature and
extent of these pollutants and to develop definitive guidelines for their
control.
The following information deals with the nature and control of
various construction-related pollutants, other than sediment, with-
in the confines of present state-of-the-art and common sense.
PESTICIDES
Insecticides, rodenticides, and herbicides are often used on
construction sites to increase health and safety, maintain a pleasant
2
environment, and reduce maintenance and fire hazards. Oftentimes,
rodents are attracted to construction sites requiring the use of dan-
gerous rodenticides.
Insecticides most commonly used are the synthetic, relatively
water insoluble chlorinated hydrocarbons (Aldrin, Benzene Hexa-
chloride, Endrin, Heptachlor, Methoxychlor, and Toxaphene),
organophosphorus compounds (Malathion, Parathion, Phosdrin,
Diazinon, and TEPP), and Carbamates.
92
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Rodenticides comprise a diverse group of chemicals (Thallium,
Sodium Fluoracetate, and Warfarin) some of which may result in
4
secondary poisoning to scavengers of the victim.
Herbicides also comprise a group of diverse chemicals (Sodium
Arsenite, Dinitro compounds, 2, 4-D, 2, 4, 5-T) useful in curbing
poison ivy, and other noxious weeds and woody plants.
Clearance for use of many of these chemicals is often required
by restrictive Federal, State, and local regulations. An awareness
of the need to adhere to recommended dosages, type of application
equipment, time of application, cleaning of application equipment,
and safe disposal of these chemicals will go far in limiting the pollu-
tion of waterways. Application rates should conform to registered
label directions. Disposal of excess pesticides, and pesticide-related
wastes should conform to registered label directions for the disposal
and storage of pesticides and pesticide containers set forth in applicable
Federal, State, and local regulations. Recommended disposal and
storage procedures have been promulgated recently by the Environ-
o
mental Protection Agency.
Pesticide storage areas on the construction site should be pro-
tected from the elements and from the curious. Warning signals
should be placed in areas recently sprayed or treated with the most
2
dangerous pesticides. Persons involved in the mixing and applica-
tion of these chemicals, to be in compliance with the law, must wear
suitable protective clothing.
NUTRIENTS
Inorganic nutrient pollution results mostly from fertilizers
used in revegetating graded areas. Incorporation of good soil
stabilization measures, sediment control, and stormwater deten-
tion structures can be effective means of keeping these materials
out of waterways. Small amounts of inorganic nutrients are bene-
ficial to the productivity of waterways.
93
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Nutrient pollution can be minimized by working fertilizers
and liming materials into the soil to depths of 4 to 6 inches, and by
proper timing of the application. Hydroseeding operations in which
the fertilizers and lime are applied to the ground surface in a one-
step operation are more conducive to nutrient pollution than are
conventional seedbed preparation operations where the fertilizers
and lime are tilled into the soil. In the case of surface dressings,
control can be achieved by applying the required quantity of fertil-
izer in more than one operation. For example, an area requiring
an application of 1120 kg per hectare (1000 pounds per acre)
of fertilizer could be dressed with about 280 kg. per hectare
(250 pounds per acre) at four separate times.
Improper disposal of excess quantities of these materials
can also be a major source of pollution. This can be avoided by
preparing only the needed amounts and by using proper receptacles
and procedures for their disposal.
SOLID WASTE
Solid waste is one of the major pollutants resulting from
construction. Solid waste is generated from trees and shrubs
removed during land clearing and during the installation of struc-
tures. Other wastes include wood and paper from packaging and
building materials, scrap metals, sanitary wastes, rubber, plastic
and glass pieces, masonry products, and others. Food containers
such as beverage cans, coffee cups, lunch wrapping paper and
plastics, cigarette packets, leftover food, and aluminum foil con-
tribute a substantial amount of solid waste at the construction site.
The major control mechanism for these pollutants is to pro-
vide adequate disposal facilities. Collected solid waste should be
removed and disposed of at authorized disposal areas.
The frequency of garbage removal helps maintain the construction
94
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sites in a clean and attractive manner. Any useful material should
be salvaged and recycled. For instance, masonry waste could be
used for filling borrow pits; trees and brush from land clearing
operations could be converted into woodchips through mechanical
chippers and then used as mulch on graded areas. Selective removal
of trees is helpful in conservation of soil and reduction of wood wastes.
Indiscriminate removal of trees and other beneficial vegetation should
be avoided at all cost.
Soil erosion and sediment control structures capture much of
the solid waste from construction sites. Constant removal of litter
from these structures also reduces the amount of solid waste despoil-
ing the landscape. The extension of local and State antilitter ordin-
ances to cover construction sites is also a viable control mechanism.
Adherence to these regulations by construction personnel reduces
unnecessary littering through carelessness and negligence.
CONSTRUCTION CHEMICALS
Several types of chemicals are used during construction
activities. These chemical pollutants include paints, acids for
cleaning masonry surfaces, cleaning solvents, asphalt products,
soil additives used for stabilization and other purposes, concrete
curing compounds, and many others. These materials are carried
by sediment and runoff from the construction site.
A large percentage of these pollutants can be effectively
controlled through implementation of soil erosion and sediment
control practices. By using only the recommended amounts of
these materials and applying them in a proper manner, pollution
can be further reduced. As in the case of other pollutants, good
housekeeping is also an important means of controlling pollution.
This includes proper disposal of empty containers, prompt cleanup
of accidental spills, neutralization and deactivation of excess
chemicals and wash water.
95
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PETROLEUM PRODUCTS
Petroleum products are widely used during construction acti-
vities. They are used as fuels and lubricants for vehicular operations,
power tools, and general equipment maintenance. These pollutants
include oils, fuels such as gasoline, diesel oil, kerosene, lubricating
oils, and grease. Most of these pollutants adhere to soil particles
and other surfaces easily. This is why some oils are used for dust
control on unpaved roadways and construction sites.
One of the best modes of control is to retain sediments con-
taining oil on the construction site. Soil erosion and sediment control
practices can effectively accomplish this. Improved maintenance
and safe storage facilities will reduce their chances of contaminating
construction sites. One of the greatest concerns confronting users of
these petroleum products is the method for waste disposal. Oil and
oily wastes such as crankcase oil, cans, rags, and paper dropped in
oils and lubricants can best be disposed of in proper receptacles.
The dumping of these wastes in sewers and other drainage channels
should be avoided at all costs to prevent contamination of streams
and ponds. A further source of these pollutants is leaky vehicles.
Proper maintenance of equipment and installation of proper stream
crossings will further reduce pollution of water by these sources. Too
many stream crossings can be avoided through proper planning of
access roads.
OTHER POLLUTANTS
Other pollutants include concrete wash from concrete mixers,
acid and alkaline solutions from exposed soil or rock units high in
acid, and alkaline-forming natural elements. Cuts through coal
beds have resulted in the seepage of mine acids into streams. High
lime areas often increase the alkalinity of receiving waters.
96
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The control of these pollutants involves good site planning
and preconstruction geological surveys. Neutralization of these
pollutants often provides the best treatment. Sealing of fractures
in the bedrock with grout and bentonite will reduce the amount of
acid or alkaline seepage from excavations. Adequate treatment and
disposal of concrete further reduces pollution.
97
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VII. SELECTED REFERENCES
1. Guy, H. P., "Sediment Problems in Urban Areas, "
Circular 60IE, U. S. Department of Interior, Geological
Survey, Washington, D. C., 1970.
2. Bureau of Reclamation, "Environmental Guidebook for
Construction, " United States Department of Interior,
Washington, D. C., 1973.
3. Gibbs, R. J., "Mechanisms of Trace Metal Transport in
Rivers, " Science Vol. 180, April 6, 1973, p. 71.
4. Rudd, R. L., Pesticides and the Living Environment, The
University of Wisconsin Press, Madison, 1964.
5. Inger, R. F., A. D. Easier, F. H. Bormann, and W. F.
Blair, Man in the Li ving Environment, The University of
Wisconsin Press, Madison, 1971, p. 252.
6. Environmental Protection Agency, "Regulations for the
Acceptance of Certain Pesticides and Recommended Pro-
cedures for the Disposal and Storage of Pesticides and
Pesticide Containers, " Federal Register Vol. 36, May 23,
1973, p. 13622.
VII. SELECTED BIBLIOGRAPHY
1. American Chemical Society, "Cleaning our Environment:
The Chemical Basis for Action, " Washington, D. C., 1969.
2. ibid., "Fate of Organic Pesticides in the Aquatic Environment, "
Advances in Chemistry Series 111, Washington, D. C., 1972.
3. Bailey, T. E., and J. R. Hannum, "Distribution of Pesticides
in California, " Journal of the Sanitary Engineering Division
ASCE, Vol. 93, No. SA5, 1967, p. 27.
4. Bloodgood, D. E., "Water Quality Parameters of Interest
to Agricultural Engineers, " Presented at the ASAE 1969
Annual Meeting, Purdue University, Lafayette, Indiana,
June 22-25, 1969.
5. Bloom, S. C., and S. E. Degler "Pesticides and Pollution,"
The Bureau of National Affairs Inc., Washington, D. C., 1969.
98
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6. Guy, H. P., and G. E. Ferguson, "Sediment in Small
Reserviors Due to Urbanization, " Journal of the Hydraulics
Division ASCE, Vol. 88, 1962, p. ~W.
7. Harrison, S. S., and Eric Redding, "The Effects of Highway
Construction on the Suspended-Sediment Concentration and
Channel Morphology on Mercer Pike Run, " Report of Inves-
tigation No. 12, Environmental Studies, Allegheny College,
Meadeville, Pa., 1971.
8. Highway Research Board, "Highways and Environmental
Quality, " Publication No. 1513, National Academy of Sciences-
National Research Council, Washington, D. C., 1967.
9. ibid., "Soil Stabilization with Asphalt, Portland Cement,
Lime and Chemicals, " Publication No. 727, National Academy
of Sciences-National Research Council, Washington, D. C.,
1960.
10. ibid., "Soil Stabilization with Phosphorus Compounds and
Additives, " Publication No. 964, National Academy of
Sciences-National Research Council, Washington, D. C., 1962.
11. Kay B. L., "Erosion-Control Products Tested in the Tahoe
Area, " Agronomy Progress Report No. 48, Agricultural
Extension Service, Agric. Exp. Sta., University of California,
Davis, 1973.
12. ibid., "Screening of Erosion Control Products, " Agronomy
Progress Report No. 49, Agricultural Extension Service,
Agric. Exp. Sta., University of California, Davis, 1973.
13. Klein, Louis, River Pollution II; Causes and Effects,
Butterworth & Co., London.
14. Meyer, L. D., "Reducing Sediment Pollution By Erosion
Control on Construction Sites, " Presented at the Seventh
American Water Resources Conferences, AWRA, Washington,
D. C., October 25-29, 1971.
15. Mueller, R. F., and R. M. Laun, "The Anacostia River,
Ecological Imbalance of An Urban Stream Valley, " Goddard
Space Flight Center, Greenbelt, Md., 1970.
16. National Science Foundation, "Shifting the Strategy in Pest
Control, " Mosaic, Vol. 4, No. 1, 1973, p. 3.
17. Yorke, T. H., and W. J. Davis, "Effects of Urbanization
on Sediment Transport in Bel Pre Creek Basin, Maryland, "
U. S. Geological Survey, Professional Paper 750-B, 1971,
p. B218.
99
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18. ibid., "Sediment Yields of Urban Construction Sources,
Montgomery County, Maryland, " Progress Report, Rock
Creek-Anacostia River Basins, United States Department of
the Interior, Geological Survey, Rockville, Md., 1972.
100
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VIII. STORMWATER MANAGEMENT
OVERVIEW
Both stormwater management, as it relates to the control of
waterway erosion and subsequent sediment pollution, and stormwater
drainage pertain to the removal of runoff. Stormwater management
regulates the release of this runoff, by means of temporary storage
or retardation of flow in order to reduce channel degradation and water
pollution. Stormwater drainage, on the other hand, is a means of
conveying the runoff in an efficient and economical manner to a point
where it can be safely discharged. Unfortunately, the distinction be-
tween the two has been unrecognized by many in the field of water
resources, largely because of the lack of clear understanding of the
objectives of each.
Stormwater drainage systems are often designed to rapidly and
effectively remove stormwater to a discharge point below the area
of impact. This involves either the direct release of stormwater into
the stream channel or to an underground collection system which, in
many highly urbanized areas, involves the mixing of stormwater and
sanitary wastes. During rain events, water that is released rapidly
into the stream generally has sufficient velocity and volume to erode
the stream and subsequently increase sediment deposition down-
stream. Rapid release of runoff into a combined sewer system can,
depending on a number of factors, cause an overflow of mixed storm-
water and sanitary wastes. This overflow is often diverted directly
into urban streams without prior treatment, resulting in accelerated
release of pollutants.
Stormwater management is a method of effectively controlling
runoff, reducing stream channel erosion and sedimentation, and the
release of pollutants resulting from the overflow of stormwater
and other wastes. This is accomplished by temporarily storing and
regulating the release of runoff from small magnitude storms. By
101
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controlling this runoff, nearly all of the stormwater will eventually
reach the stream, but over a longer interval of time. This deten-
tion involves not only regulating the amount of water to be released,
but providing a reduction in velocity of the runoff. Both of these
factors must be considered in erosion and sediment control.
Stormwater runoff also affects water supply development. The
development of water supplies is concerned with both the quantity
and quality of water required to meet the needs of man. Stormwater
drainage pertains to the quantity of water but not the quality of water.
Neither of these factors can be neglected, because usefulness of the
available water supply is determined in large part by the quality.
Stormwater management involves both the quantity and quality of
runoff. Although it is unable to combat all the problems related to
water quality, it can minimize many adverse effects associated
with urban development.
Although the need for controlling runoff during construction
activity has gained a degree of recognition, that of controlling excess
runoff after development has not been fully recognized. Construction
of paved areas and buildings lowers the water storage capacity of the
soil. This, in turn, leads to increased water runoff. Creation of
impervious areas and the alteration of topography after development
markedly decreases the utilization of this storage capacity and greatly
diminishes the overall infiltration rate thus creating a greater volume
of runoff (Fig. VIII-1). In the case of stormwater entering directly
into a stream, these changes in the flow regimen cause accelerated
erosion in the stream channel. Where this runoff enters existing
sewer systems, capacity of the system may not be adequate to trans-
port or treat this increased flow.
The effect of an increase in rate of flow on an area during and
after development, can be illustrated by a case study. For simpli-
city, a hypothetical study area is used having simulated character-
istics and conditions in the watershed. These assumed conditions
102
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FIGURE VIII-1 Runoff from an impervious parking lot
are as follows:
(1)
(2)
(3)
(4)
The watershed contains 100 acres.
During the early development phase, the watershed
was largely farmland with few roads.
Imperviousness due to this limited development is
0. 1-meaning that 10 percent of the area is
impervious.
After the watershed underwent extensive construc-
tion activity, new housing and the reduction of
infiltration rates due to "surface sealing" increased
the imperviousness to 0.25.
After development was completed, multi-unit
housing and extensive paved areas increased the
watershed imperviousness to 0. 6. All storm-
water runoff was released directly to the stream
channels.
103
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(5) The area, during each stage of development,has
undergone an identical rain event having a storm
return interval of five years, and a storm duration
of 30 minutes that yields 5.08 centimeters (2 inches)
of rainfall.
Basic hydrologic data on rate, peak flow, and volume of
runoff may be expressed in terms of characteristics of the unit
hydrograph. The hydrograph, (Fig. VIII-2)of the given storm
shows the percentage of total storm runoff occurring in each
successive unit of time for three stages of development: pre-devel-
opment, during development, and after development.
w g
Ml
& gfc
ft3 O O
•iM -i-H
J2 £!
3 3
UU
14. 0
(500)
11.2
(400)
8.4
(300)
5. 6
(200)
2. 8
(100)
After development
During development
Pre -development
____ J
10 20 31T~ 415 515 5D 70~80
TIME FROM START OF STORM (In minutes)
FIGURE VIII-2 Hydrographs of study area
showing various stages of development
104
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Interpretation of these hydrologic characteristics and its anticipated
effects on the watershed are as follows:
(1) Pre-Development - Streamflow at the lowest point
in the watershed could expect to reach 2. 52 cubic meter
per second (90 cubic feet per second) just after the end
of the 30 minute storm. The area under the curve de-
picts the volume of runoff from the storm and is calcu-
lated to be 3, 220 cubic meters (115, 000 cubic feet).
Erosion would be restricted to isolated areas with in-
adequate vegetative protection and limited stream chan-
nel erosion.
(2) During Development^ - With an increase in impervious-
ness to 0.25, the same watershed would, based on
2 3
previous studies yield a peak flow of 7. 56 m per
second (270 cubic feet per second) and 10, 660 cubic
meters (345, 000 cubic feet) of runoff. This increase in
impervious areas has resulted in a 200 percent increase
in runoff from the pre-development phase. Due to
considerable area being unstabilized, the extensive run-
off severely erodes the exposed areas. With no means
of controlling the runoff, much of the sediment resulting
from the erosion is transported to the stream. As con-
ditions permit, the sediment is eventually deposited
where it may be subject to additional movement during
a later rain event.
(3) Post-Development - The watershed, now extensively
urbanized, has an impervious area of 0.6. Peak
flow at the out-point in the watershed is 15.4 cubic
meters per second (550 cubic feet per second) for the
given storm with the calculated volume of runoff being
18, 984 cubic meters (678, 000 cubic feet). This increase
is 490 percent more runoff than the pre-development
phase and 290 percent more than when the basin was
undergoing construction.
105
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After development, the tremendously increased runoff quickly
passes into the stream channel. Erosion has been minimal in the
recently stabilized upland areas. However, the increased runoff
now erodes the stream channel and begins to undercut the banks
causing collapse into the stream (Fig. VIII-3). The sediment gen-
erated in the waterway, some of which was originally deposited
during construction activity, is now vulnerable to further transpor-
tation and eventual deposition further downstream. This is also true
of other pollutants deposited with the sediment from the development.
With the channel now severely eroded, public pressure is
exerted to correct the problem. The responsible agency may then
pave the bank and bottom of the stream only to further accelerate
channel flow and destroy the aesthetics of the stream (Fig. VIII-4).
Such an "improved" channel only compounds the erosion and sedi-
ment problems further downstream. A highly desirable alternative
to this type of storm drainage practice is a program of stormwater
management. This would involve the use of practices that detain
the runoff temporarily and thus maintain the maximum rate of dis-
charge at the level that existed prior to development (Fig. VIII-5).
Although this particular case may be hypothetical, the problem
of increased runoff from development and subsequent pollution does
exist. There are many case histories of once natural streams be-
coming severely eroded because of construction activity in their
3
watersheds . By using a technique that would detain the runoff
temporarily, the degree of discharge, as seen in (Fig. VIII-6) can
be effectively maintained in a range that existed prior to the
development.
106
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FIGURE VIII-3 Collapsed streambank caused by undercutting
FIGURE VIII-4 Concrete-lined channel
107
-------
FIGURE VIII-5 Stormwater management in stream channel
108
-------
"
4> CO
. fc ^
fa 0)
£2*
O
14.0
(500)
11.2
(400)
8.4
(300)
o o 5.6
|| <2°0)
55.
2.8
(100)
•After development
•During development
Stormwater management
Pre-development
80 90
TIME FROM START OF STORM (In minutes)
FIGURE VIII-6 Unit hydrograph (dashed-line) showing
stormwater management applied to study area
100 110 120
109
-------
The prevention of excessive erosion and sedimentation on a
construction site is not the total solution to the problem of pollution
from sediment and other associated pollutants. The excessive
runoff generated by the construction will cause stream channel
erosion below the site. Such erosion will start at the beginning
of construction and will continue unabated after all construction is
complete unless stormwater management techniques are imposed.
To be effective, the stormwater management program must
be included in the site plan and implemented at the beginning of
the first phase of construction activity. The first techniques to be
employed may be temporary in nature and may serve a dual pur-
pose. This would be the case with a temporary sediment basin
that both detains runoff and traps sediment. In many cases the
basin could be a permanent structure, designed for the control of
stormwater and sediment during the construction period, and as a
stormwater management structure after development is complete.
The dual function of all erosion and sediment control practices
must be recognized and fully exploited if optimum savings are to
be realized in the implementation of the stormwater management
program. This points up the need for one pollution control program
that incorporates erosion control, sediment control, other pollutants
control, and stormwater management.
A secondary benefit of stormwater management that must not
be overlooked is flood control. In that the purpose of stormwater
management is the attenuation of the peak flow in the stream, it
does contribute to the control of minor flooding. In some areas, it
may be desirable, from a cost standpoint, to upgrade the control
techniques so that significant flooding protection is also achieved.
These considerations must be made on a site by site basis.
110
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METHODS OF CONTROL
The following list is a compilation of many of the existing
stormwater management techniques. The effectiveness of each
technique will depend on the physical characteristics of the devel-
opment site as well as climatic factors. No one technique is
applicable for all sites.
Most of the techniques are pervious. Thus during temporary
storage some water will percolate into the soil and replenish the
ground water supply. In semi-arid regions where water supply is
sometimes scarce, many of these techniques could be used as a
source of water by applying relatively inexpensive sealants to
reduce water penetration. All of the techniques can be effective
means of preventing excessive stream flows, but only if they are
designed, installed, and maintained correctly.
(1) Roof Top Ponding - Stormwater may be temporarily
stored on a flat or slightly sloping roof equipped with detention
4
drains (Fig. VIII-7). These drainage outlets are designed to
release approximately 1. 3 centimeters (1/2 inch) of water an
hour. When rainfall intensity exceeds this rate, ponding occurs.
To prevent excessive loading due to ponding, the outlets are
equipped with overflows.
In many cases, existing buildings are readily designed
to carry the load which will be imposed by rooftop ponding. Be-
cause of favorable economic factors, serious consideration for
this method of storage should be given to industrial and commercial
areas. Other benefits to be derived from this technique could be
water supply for cooling, fire prevention, washing, etc.
(2) Parking Lot Ponding - Considerable area in urban
development is occupied by parking lots. If planned correctly,
these paved areas can provide adequate detention with minimum
inconvenience to the public without interfering with the function
of the lot (Fig. VIII-8), particularly in temperate climates.
Ill
-------
FIGURE VIII-7 Rooftop ponding
FIGURE VIII-8 Stormwater detention structure
in remote portion of a parking lot
112
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Temporary storage on parking lots is usually accom-
plished by reducing the size of the stormdrain inlet or by increasing
the spacing between the inlets at remote areas of the parking lot.
If properly planned, this method of control will cause a minimum
of inconvenience on retail properties.
(3) Local Recreational Areas - Recreational areas can be
used for temporary storage of runoff from adjacent areas.
Because of the substantial area of grass cover, these areas generally
have high infiltration rates. Since these areas are not used during
periods of precipitation, ponding of short duration should not seri-
ously impede the primary use of the areas. To minimize after-
effects, the recreation area should be designed so that it will
thoroughly drain. In addition, the grasses used on the area should be
tolerant of periodic inundation and wetness (Fig. VIII-9).
(4) Diversion Structures - Diversion structures represent
any modification of the surface that intercepts and diverts runoff
in such a pattern that the distance of flow to a larger channel system
is increased. These can be in the form of a ditch (or swale),dike.
or terrace (Fig. VIII-10). Generally, a ditch or dike can be used in
an area of moderate to high relief. These techniques have been
used to a great extent along highways as a means of diverting run-
off. They can be also used in urban developments, but not without
adequate analysis of the geology and soils in the area. In areas
where the potential for slumping and landsliding exists an alternate
approach should be taken.
(5) Aeration of Lawns - Periodic perforation of lawns
can be used to increase infiltration. This practice has been
used on golf courses as a means of increasing infiltration and
aeration on fairways for a number of years (Fig. VIII-11).
113
-------
FIGURE VIII-9 Playground designed for
temporary storage of runoff
FIGURE VTII-10 A diversion structure adjacent to highway
114
-------
FIGURE VIII-11 Perforated lawn to increase infiltration
In a study of the effect of urbanization on rates of
infiltration, urban lawns were found t o have a very low
infiltration rate in comparison to woodland and natural grasslands.
This can be largely attributed to the high density of soil from
"mixing" and compaction associated with construction activity and
the heavy human use after development. Methods of increasing this
infiltration, such as periodic aeration of lawns, as well as the prac-
tice of tilling prior to seed or sod application are excellent means
of increasing the storage capacity of the soils.
(6) Ponds - Small permanent ponds installed with
provisions for stormwater storage not only have the capability of
attenuating peak flows, but also enhancing the urban environment
as well (Fig. VIII-12). This "blue-green" concept may prove to be
very practical in the open space plan, and should be seriously con-
c
sidered by developers of large tracts of land.
115
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FIGURE VIII-12 "Blue-green" concept in the urban area
Consideration, however, should be given to the quality
of the runoff that is diverted to a small waterbody. Highly polluted
waters can quickly change the ecological balance in the ponds. Re-
gardless of water quality, designs should include an outlet so the
ponds can be drained when maintenance is required.
(7) Detention Basin - Detention basins (or dry ponds) are
permanent structures, which store the peak runoff and release
this storage at a controlled rate through an outlet. When the
volume of water exceeds the storage capacity of the basin, the
excess runoff will pass the system through an emergency spillway
located on the edge of the basin. The basins are designed so that
they slowly empty dry after the storm. They can be both effective
and aesthetically acceptable provided there is adequate space
allocation,and they are correctly designed, constructed, and main-
tained (Fig. VIII-13). In many cases where these measures are not
taken, the basin area is unsafe and unaesthetical (Fig. VIII-14).
116
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FIGURE VIII-13 An aesthetical and functional detention
basin blending in with character of landscape
FIGURE VIII-14 Poorly constructed and maintained detention basin
117
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(8) Porous Pavement - Porous pavement is a surface
that will allow water to penetrate through it and percolate into the
7
soil. At present, porous asphalt pavement appears to have the
most merit. This pavement is comprised of irregular shaped
crushed rock that is precoated with an asphalt binder. The water
seeps through this aggregate into a lower layer of ordinary gravel
for temporary storage and then filters naturally into the soil.
Considerable applied research will be necessary prior to any wide-
scale use of this technique.
(9) Holding Tanks - Holding tanks are primarily used as a
means of detaining runoff from a parking lot or roof top. They are
normally located underground and are made either of metal or
concrete. In most cases, tanks have a controlled release device
which removes the water and subsequently drains the tank after
cessation of the storm to an underground sewer or open channel.
In some cases, this runoff is stored to be used as a source of
water supply at the site.
(10) Infiltration Systems - Infiltration systems have been
used for a number of years as a means of controlling runoff along
highways. More recently, they have been adopted as a means of
managing stormwater in urban developments. They consist of holes
excavated into the ground and filled with coarse, clean stone or
lined with brick or concrete block provided with perforations
(Fig. VIII-15). These structures store stormwater and allow it to
percolate into the soil. The slowly percolating water replenishes
groundwater supplies, and in turn increases stream flows, through
seepage, during low flow periods.
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FIGURE VIII-15 Infiltration system collecting
runoff from parking lot
The applicability of this technique will depend largely
on the type of soils and topography at the site as well as the location
of the groundwater table. A relatively pervious subsoil is necessary
in order to dispose of the water at an adequate rate. The location
of the groundwater table will limit the depth of the system. Infil-
tration systems are recommended for sites where limited detention
capacity is required. However,in judging the suitability of this
type of control, other factors should also be taken into consideration.
One factor is the quality of the stormwater. Since little is known
about the probability of groundwater contamination, only the better
quality stormwater should be disposed of in this manner and adequate
clearance must be maintained between the bottom of the structure
and the groundwater table. Maintenance is another factor, espe-
cially when crushed stone or gravel is being used. To avoid clog-
ging and very expensive repair work, traps should be provided to
remove sediment and other debris from the runoff before it enters
the infiltration area.
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(11) Stream Channel Storage and Control - Stream channel
storage and control is any type of detention or retardation of flow
which involves the use of the stream channel or the stream channel
and its floodplain, as a means of attenuating peak rates of runoff.
The methods used are subdivided into the following groups: in-
channel, side-channel, and off-channel.
In -channel storage and control can be achieved by
altering the channel, either by channel relocations or by the use
of small structures solely within the stream channel. By accen-
tuating a meandering stream, for example, the distance of flow
is increased and the velocity reduced. To achieve the degree of
stream channel stability needed in the case of channel modification,
banks generally need to be stabilized with rip-rap, stone-filled
gabions, concrete or asphalt (Fig. VIII-16).
In-channel structures, such as check dams or weirs,
reduce or prevent excessive erosion by reducing the velocities of
flow in water courses. If spaced at regular intervals throughout
the channel, they may appreciably reduce the overall peak flow
from the watershed.
Side-channel storage involves the use of side channels
that run essentially parrallel to the main stream channel and
temporarily store water during excess rain events. These structures
temporarily detain water at periods of high runoff and release it at
a controlled rate.
Off-channel storage is the utilization of the stream
channel and its flood plain for storage by installing an embankment
across the channel system (Fig. VIII-17). This embankment may
be designed to create either a permanent impoundment during all
flow conditions or a temporary storage impoundment during
excessive runoff events (Fig. VIII-18). In the case of a permanent
body of water, the design must include space for storage of- storm-
water during peak flow periods. After cessation of the peak flow,
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the water level will again return to the level existing before the
storm. In the latter case, during excessive runoff events, water
will rise in the pond and be released at a controlled rate through
an outlet device. Regardless of which technique is used, an
emergency spillway must be constructed to pass flows that exceed
the design capacity of the structure. The dual use of channel-flood-
plain areas for stormwater detention and recreational use has merit
in many instances, especially in urbanizing areas.
FIGURE VIII* 16 FABRIFORM check dam
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FIGURE VIII-17 Permanent lake with available
capacity to detain excess runoff
FIGURE VIII-18 Temporary storage impoundment along roadway
(Courtesy of the U. S. Dept. of Agric.)
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(12) In-Line Storage in Sewers - In-line storage to control
9
runoff can be accomplished by essentially two methods. These
involve either increasing the total capacity of a sewer system or
maximizing the storage capacity of an existing system by instru-
mental controls. The first method involves the expansion of the
system by installation of tunnels, storage tanks, holding basins,
or a combination of these structures at some point between the
major inflow and outflow of the system. In maximizing
storage of an existing system, use is made of sewer regulating
structures that can increase the capacity of the system by restric-
ting the flow.
(13) Others - There are additional means of managing
stormwater, which will undoubtedly be applied as stormwater
management achieves a degree of momentum. These techniques
include many common sense practices that can, as a rule, be
applied to construction sites. For example, they may include the
adoption of site grading patterns that will increase flow distances;
the use of trees not only for aesthetic purposes or as noise buffers,
but also for intercepting rainfall, and, the elimination of curbing
along secondary roadways to permit the spreading of water over the
shoulders.
WATERSHED PLANNING
Stormwater management in a watershed can be obtained by
using an areal, or a linear system of control, or a combination of
both. The use of the systems, regardless of the type, requires
the allocation of space at certain points in the watershed and this
space allotment must be made in the planning phase of watershed
development.
The areal system of control involves (Fig. VHI-19) the use of
an integrated set of techniques in which each technique controls
only a very small percentage of the watershed. In this system,
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the techniques are somewhat varied, because their use is largely
determined by the type and extent of development. Individual sites
may use such methods as rooftop and parking lot storage, infiltra-
tion systems, and diversion structures. Sub-areas of the watershed
may use such techniques as localized permanent ponds capable of
detaining portions of the stormwater runoff. The area of control
for each technique is small but if designed and installed properly,
the entire watershed can be controlled effectively.
Stormwater management by the linear system of control
would involve (Fig. VTII-20) controlling stormwater at strategic
points in the watershed. Accordingly, these structures would
normally have a greater capacity than those used in areal control.
They would be installed either in or near the stream channel to
utilize the channel and its floodplain as a place of storage, or in-
stalled within the sewer system.
FIGURE VTII-19 Areal system
of control
FIGURE VIII-20 Linear system
of control
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Neither system of control nor any combination can be isolated
as a more effective method. The system used and the techniques
used within the system will have to be determined for each water-
shed, and will depend on the physical characteristics, and the type
and extent of proposed development in the watershed.
The best approach to stormwater management is by good land
planning and the utilization of multi-purpose facilities to detain
runoff. This involves the use of existing structures, the modifica-
tion of these structures for multi-purpose use, or creation of new
structures. The multi-use techniques may vary from the use of a
flat roof to the use of a permanent recreational lake for temporary
storage.
The major benefits to be realized from stormwater manage-
ment are reduction of water pollution, mainly from sediment, and
severe aesthetic and ecologic damage to the natural waterways.
Other aesthetic, ecological, and cost benefits will be derived as
well. These include savings on downstream drainage system costs,
reduction of flooding in higher value downstream areas, and, in some
areas, increase in property values.
The maximum effectiveness of stormwater management can
be achieved only by controlling runoff on the entire watershed.
In partially developed watersheds where stormwater management
has not been applied, the approach appears to be one of maintaining
conditions that already exist in the stream channel. This can be
done by implementing stormwater control on the remainder of the
watershed to be developed. However, the major benefits will come
from the rural watershed that will be developed with an integrated
system of stormwater management techniques.
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DESIGN
The problems associated with urban drainage prompt an
increasing need for research in the field of Urban Hydrology.
Although there is progress towards reducing the problems, the
basic evaluation and design techniques for stormwater management
13
practices need improvement.
Design for stormwater management involves two additional
factors that are not considered in storm drainage. These are the
determination of detention volume and maximum release rate.
The maximum release rate is usually set as the release rate of a
specified frequency storm that occurred prior to development. In
other words, if there were identical storms before and after devel-
opment, the maximum release rate from the detention structure
would be equivalent to the rate of runoff that occurred before devel-
opment. The volume to be stored is thus a function of this difference
in release rate between the pre-and post-development storms. The
design methods presently being used to determine these factors are
14 15
the rational method, the unit hydrograph, and various rainfall-
.. . . .. , , 16-20
runoff simulation models.
Research presently being conducted is not adequate to deter-
mine which is the most effective storm return frequency to be con-
sidered in the design of various techniques. Most areas adopting
stormwater management use the 5 or 10 year return frequency
rainfall as a basis for design. This is largely because the tech-
nique is based on the design of the existing storm drainage system
and not on the effectiveness of reducing channel erosion.
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MAINTENANCE
Periodic maintenance will be required to insure the oper-
ating efficiency of each technique (Fig. VIII-21). Adequate pro--
vision for this should be considered in the planning and design
stage of development. The type and frequency of maintenance will
depend largely on the technique used and the quality of the incoming
water. Maintenance not only involves the periodic removal of accu-
mulated sediment and debris, but may also involve periodic appli-
cations of chemical and physical treatments. This is especially
true of vegetated structures where regular fertilization will be
necessary to maintain a strong, healthy vegetative stand. A
permanent body of water requiring periodic chemical treatments
to reduce algal growth is another example. In time, some tech-
niques may need to be reconstructed or modified to maintain or
increase their efficiency. Regardless of the technique used, main-
tenance will be necessary and the frequency of this maintenance can
be determined only by regular inspection.
FIGURE VIII-21 Outlet of a detention basin in need of maintenance
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VIII. SELECTED REFERENCES
1. Greeley, S. A., M. Hon, and P. E. Langdon, "Storm Water
and Combined Sewage Overflows, "Journal of the Sanitary
Engineering Division, Proceedings of the American Society
of Civil Engineers, Vol. 87, January 1961, p. 57.
2. Mallory, C. W., Hittman Associates, Inc., "Beneficial Uses
of Stormwater, " EPA R2 73139, Office of Research and
Monitoring, Environmental Protection Agency, Washington,
D. C., January 1973, p. 193.
3. Leopold, L. B., "Hydrology for Urban Land Planning-A
Guide Book on the Hydrologic Effects of Urban Land Use, "
Geological Survey Circular 554, U. S. Department of the
Interior, Washington, D. C., 1968.
4. Chiang, Sie Ling, "A Crazy Idea on Urban Water Management, "
Water Resources Bulletin, Vol. 7, No. 1, February 1971, p. 171.
5. McLaughlin, R. C., "Urban Storm Drainage Criteria Manual, "
Wright-MeLaughlin Engineers, March 15, 1969.
6. Jones, E. D., Jr., "Urban Hydrology - A Redirection, "
Civil Engineering, American Society of Civil Engineers,
Vol. 37, August 1967, p. 59.
7. Thelen, E., W. C. Grover, A. J. Hoiberg, and T. I. Haigh,
"investigation of Porous Pavements for Urban Runoff Control, "
Franklin Institute Research Laboratories,Water Pollution
Control Research Series, Phila., Pa., EPA11034DUY,
Environmental Protection Agency, Washington, D. C., March
1972.
8. Maryland, State of, Annapolis, Maryland, Dept. of Water
Resources and B. C. Becker, and T. R. Mills, Hittman
Associates, Columbia, Md., "Guidelines for Erosion and
Sediment Control Planning and Implementation, " EPA
R2 72015, Environmental Protection Agency, Washington,
D. C., August, 1972.
9. "Maximizing Storage in Combined Sewer Systems, " Munici-
pality of Metropolitan Seattle, WPCR series 11022 ELK,
Environmental Protection Agency, Washington, D. C.,
December, 1971.
10. Anonymous, "Deep Tunnel Storage May Solve City Storm
Water Problem, " Environmental Science and Technology,
Vol. 3, No. 3, March 1969, p.
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11. Biehl, T. G., and D. Waring, "in-Line Structure Stores
and Treats Combined Overflow, " Civil Engineering, American
Society of Civil Engineers, Vol. 42, September 1972, p. 62.
12. Oster, C., "Storage and Treatment of Combined Sewer Over-
flows, " Environmental Protection Technology Series, EPA-
R2-72-070, Environmental Protection Agency, Washington,
D. C., October, 1972.
13. Jones, E. D., Jr., "Where is Urban Hydrology Practice
Today, " American Society of Civil Engineers Proceedings
7917, Vol. 97, February 1971, p. 257V
14. Fair, G. M., J. C. Geyerf and D. A. Okum, "Water Supply
and Wastewater Removal, ' in, Water and Wastewater Engineer-
ing, John Wiley, N. Y., Vol. I, 1966.
15. Linsley, R. K. and Franzini, J. B., "Water Resources
Engineering, " McGraw-Hill, New York, 1964, p. 54.
16. Betson, P. P., R. L. Tucker, and F. M. Aaleen, "Using
Analytical Methods to Develop a Surface Runoff Model, "
Water Resources Research, Vol. 5, No. 1, February, 1969,
p. 103.
17. Bock, P., I. Enger, G. P. Malhotra, and D. A. Chrisholm,
"Estimating Peak Runoff from Ungaged Small Rural Watersheds, "
The Travelers Research Component for HRB, National
Cooperative Highway Research Program, National Academy
of Sciences/National Academy of Engineering, Washington,
D. C., July 1970.
18. Chen, C. W., and R. P. Shubinski, "Computer Simulation
of Urban Storm Water Runoff, " Journal of Hydraulics Divi-
sion, Proceedings of the American Society of Civil Engineers,
February, 1971, p. 289.
19. "Storm Water Management Model, " Metcalf & Eddy, Inc.,
Palo, Alto, Calif., University of Florida, and Water Resources
Engineers, Inc., Walnut Creek, Calif., EPA Report No. 11024
Environmental Protection Agency, Washington, D. C., 4 Vols.,
July-October, 1971.
20. Linsley, R. K., "A Critical Review of Currently Available
Hydrologic Models for Analysis of Urban Stormwater Runoff, "
Hydrocomp International, Palo Alto, Calif., August, 1971.
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IX. INSTITUTIONAL PROCESSES AND PROCEDURES
RELATIVE TO THE CONTROL OF POLLUTANTS
RELEASED DURING CONSTRUCTION
OVERVIEW
Previous sections of this report deal with the technical aspects
of the control of pollution resulting from construction activity. Insti-
tutional procedures for dealing with this problem represent a complex
domain in which political, socioeconornic, technical, and scientific
issues interact in a matrix which includes all the other factors asso-
ciated with affluence and urbanization in our post-industrial society.
Specifically, erosion, sedimentation, and other pollutant control pro-
grams involve the exercise by political and other institutions of certain
options concerning various programs dealing with land use, land use
planning, construction activities, areawide drainage programs, and
the zoning process.
During the last 25 years, many towns and villages situated in
proximity to burgeoning metropolitan areas have witnessed rapid
changes in land use patterns. The accelerated clearing, grading, and
construction work taking place on these landscapes relates directly to
increases in the numbers and affluence of people. New roads,
buildings, shopping centers, reservoirs, power lines, and other facil-
ities are required to meet the needs of increasing numbers of people.
Oftentimes, serious stormwater runoff, accelerated erosion, sedimen-
tation, and other pollution problems are generated when heavy rain and
wind storms sweep across exposed soils of various construction sites.
The magnitude of this problem will depend on such factors as topo-
graphy, climate, soil erodibility, and the nature of the construction
activity. Control of pollutants released during construction, however,
should be viewed as a part of broader land use and watershed manage-
ment programs.
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Experiences of homeowners and public officials in the urban
Boise Front area of Ada County, Idaho, and in suburban Montgomery
2
County, Maryland during the late fifties and early sixties provide
representative examples of this problem. For example, the 1959 and
1965 floods in the urban Boise Front area left tons of sediment and
debris on roads and in home basements. Many thousands of dollars
were spent cleaning up the flood debris. The Boise Front problem
arose in part from changed land use patterns in which residential
developments began to encroach upwards on previously undisturbed
hillsides and, in part, from traffic from motorcyclists along the steep
slopes. After holding a series of meetings with various public and
private officials relative to development problems, the Ada County
Development Council, with assistance from the Ada Soil and Water
Conservation District, formulated a "Hillside Development Technical
Guide" designed to control erosion and sediment on the Boise Front.
The Ada Council of Governments has developed interim criteria to be
used in formulating a "Hillside Development Ordinance. "
In Montgomery County, Maryland, property owners were also
troubled during the early sixties by flooding and sediment deposition
at already urbanized downstream sites resulting from the conversion
2
of upstream areas from agricultural to urban and suburban uses.
After several challenges in the courts from several property owners,
the Montgomery County Council adopted a sediment control resolution
in June 1965 in recognition of the problem. Next, the County Council
appointed a sediment control task force consisting of representatives
from the land developers, home builders, zoning and planning offi-
cials, sewer and water officials, and technicians from the Montgomery
Soil and Water Conservation District, among others, to develop a
countywide sediment control program. Two years later, the Council
made sedimentation control mandatory during construction by adop-
tion of an amendment to the County's subdivision regulations. Co-
operation of the building industry was actively cultivated throughout
the entire period.
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In both of these examples, the sediment and runoff control pro-
gram directly affected land use, construction, and zoning policies with
direct benefits to water quality. Procedures used in this effort involved
political, administrative, technical, and scientific skills and issues.
The stimulus to organized action in both examples came at the local
leve] and was triggered by accelerated erosion and flooding resulting
from land clearing, grading, and development of lands previously undis-
turbed, or used for grazing and the intensive production of food and
fiber crops. On the assumption that the urbanization process will be
with us for some time, it would appear the better part of wisdom for
communities and agencies presently at the threshold of development to
begin now the task of working out suitable strategies for coping with
nonpoint sources of construction-related pollution.
On January 1, 1970, with the adoption of the National Environ-
Q
mental Policy Act (NEPA) of 1969, there was a broadened commit-
4
ment to the protection of the environment. In evaluating the impacts
of Federal actions on the environment an interdisciplinary approach
is essential, and is encouraged by NEPA. This move was backed up
with the creation of a Council on Environmental Quality reporting
3
directly to the President. Federal agencies responded to NEPA
and related environmental directives by developing in-house policies
to implement the law. Criteria have been prepared to permit decisions
on which major Federal actions significantly affect environmental
quality. Procedures for consultation and coordination with Federal,
State, local, and individual interests relative to the planning, design,
construction, and operation of Federal projects are still evolving.
The 1972 amendments to the Federal Water Pollution Control
Act apply to navigable waters and fresh water lakes, groundwater,
5
territorial seas, and, for some wastes, ocean waters out to 10 miles.
The new "Water Bill" seeks to achieve use of the best practicable
pollution control technology by 1977, the best available technology by
1983, and a nationwide "no pollution discharge" by 1985.
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Variants of NEPA have already been adopted by eight States
n
and more are expected to follow. State versions of NEPA have the
potential for controlling land development and construction activities
in the private sector by virtue of the constitutional authority granted
c
to State and local governments to control land use. California's
Environmental Quality Act, for example, requires that county boards
shall make environmental assessments before issuing building permits
n
to private groups concerned with land development.
State and local governments are in the crucial position of under-
taking the complex task of overall resource management with all the
attendant pressures from the market community. Ways must be found
for reconciling the diverse objectives of economic and social oppor-
tunity, industrial growth, housing, transportation, recreation, farming,
2 fi
and so forth, with a higher quality of life. '
Presumably, solutions to the problem can come from a citizenry
willing to assign higher values to environmental amenities and to work
7
harder and pay more to obtain these amenities. Beyond this, the over-
all political system should be capable of more rapidly and accurately
translating changes in social values into governmental actions at local,
State, and Federal levels. Finally, corporate leadership should strive
to be more responsive to shifts in public priorities and government
7
regulations pertaining to the environment. Apparently, the recon-
ciliation of traditional market motives with the diverse citizen concerns
for an enhanced quality of community life can take place when:
(1) rational siting and land use guidelines have been established,
(2) State and regional planning groups can find a viable political base,
and (3) the consequences of technology can be more systematically
c
assessed. If these goals are ever to be achieved, there must be
strong, continuous, and complementary leadership within and between
the several levels of the Federal, State, and local governments.
The purpose of this section is to examine the evolution and pre-
sent status of several institutional processes and procedures for
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controlling nonpoint or areawide pollutants released during the
clearing, grading, construction, and development of landscapes.
Emphasis is placed on the fact that government programs required to
deal with these problems are continually evolving.
EVOLUTION OF RELEVANT POLLUTION CONTROL
LAWS AND DIRECTIVES
Federal Regulations and Actions
Pollutants released from construction sites and other nonpoint
or area sources in rapidly urbanizing areas may enter the waterways
of a given State or locality and act to lower the water quality, scour
o
stream banks, and endanger aquatic flora and fauna. In recognition
of diverse threats to the quality of interstate waters, Congress has
enacted the various water pollution control laws. The passage of the
Federal Water Pollution Control Act (FWPCA) in 1948 is considered
to have marked the beginning of the modern age of water quality legis-
Q
lation. This law authorized Federal agencies to support research in
water pollution and set up new projects on water treatment technology
for a five-year period. Enforcement powers were given to State
governors. The WPCA of 1953 extended the 1948 legislation for
three more years. On July 9, 1956, the FWPCA called for increased
cooperation between Federal and State agencies. Federal funds were
provided to assist the States to prepare water pollution control plans
and to build water treatment plants. This legislation appears to have
fallen short of what was actually needed, namely, putting the responsi-
bility for administering the FWPCA in the hands of cabinet level offi-
Q
cials. An amendment to the FWPCA made in 1961 required this step.
Responsibility for administering FWPCA was placed in the U.S.
Department of Health, Education, and Welfare (HEW). For the first
time, a Federal structure was available to coordinate the Act. The
1961 amendments extended Federal jurisdiction to abate both interstate
2
and intrastate pollution of navigable waters. In 1965, the Water
134
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Quality Act placed all Federal water pollution control programs under
a new agency called the Federal Water Pollution Control Administra-
tion and required all States to enact water quality standards by June
30, 1967, that would enhance the quality of interstate navigable waters.
These standards were to be accompanied by a plan for their imple-
2
mentation and enforcement. Both Federal and State water quality
standards suggested that turbidity (mainly sediment) was a pollutant
wherever it interfered with the beneficial uses of any State waters.
Maryland and Wisconsin have led all other States in declaring sedi-
ment to be a pollutant. '
In 1966, through authority of the Water Quality Act of 1965, the
President issued Executive Order 11258 requiring all Federal
departments to review Federal and federally-aided projects relative
to water pollution by sediment. This action was particularly relevant
for sediments and other pollutants arising from the construction of
primary and secondary highways.
Certain limitations inherent in the approach to sediment control
engendered by the 1965 Act refer to the setting of standard limits to
water pollution, determining when these limits have been exceeded,
and trying offenders in public hearings. More direct and simple
control procedures have evolved at State and local levels such as pre-
venting or minimizing erosion, runoff, and sedimentation from specific
construction sites through the requirement that all development and
construction plans be submitted along with a complete erosion and
12
sediment control plan fitted to each construction site.
3
Following the adoption of NEPA, the President issued Execu-
13
tive Order 11507 dated February 4, 1970, requiring that the Federal
government should provide leadership in the design, operation, and
maintenance of its facilities in a manner consistent with the national
effort to protect and enhance air and water quality. Also, Federal
agencies were required to complete or have underway measures
needed to assure compliance with applicable air and water pollution
135
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control standards by December 31, 1972. All new facilities were
required to be designed and constructed so as to protect and enhance
the quality of the environment.
14
On March 5, 1970, Executive Order 11514 required, among
other things, that Federal agencies monitor, evaluate, and con-
trol on a continuing basis their activities so as to protect and en-
hance the quality of the environment.
On April 23, 1971, the Council on Environmental Quality (CEQ)
issued specific guidelines covering the preparation and coordination
of environmental impact statements. The following actions require
the preparation of environmental impact statements by all Federal
agencies:
(1) agency recommendations relative to their own
proposals for legislation, including agency
reports on legislation originating elsewhere
(2) Federal agency projects and continuing acti-
vities supported wholly or in part through Federal
contracts, grants, loans, or involving a Federal
lease, permit, license, or other entitlement for
use
(3) policy, regulations, and procedure-making
The environmental statement should cover the following items:
(1) data adequate to permit assessment by commenting
agencies
(2) probable impact of proposed action on the
environment
(3) probable adverse, unavoidable environmental
effects
(4) alternatives to the proposed action
(5) assessment of cumulative and long-term
effects
(6) irreversible or irretrievable commitments
of resources
(7) request comments from the Environmental Protection
136
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Agency relative to water quality aspects of the
proposed action
1 R
On May 13, 1971, the President issued Executive Order 11593
requiring that the Federal government shall, among other things,
initiate measures needed to direct policies, plans, and programs in
such a way that federally-owned sites and structures of historical,
architectural, or archaelogical significance be preserved, restored,
and maintained for the cultural benefit of the people.
During an International Environmental Conference on Building
17
and Construction and Use sponsored by the General Services Admin-
istration (GSA), a "Building Construction Panel" (along with other
panels on socioeconomic factors, site selection, design, and use) was
convened to consider ways of lessening environmental contamination
during construction. The following needs were highlighted:
(1) "practical solutions to problems of water runoff
from construction sites"
(2) "staging and time of construction to reduce period
during which construction occurs"
(3) " ways of preventing dust storms resulting from
excavation and grading operations"
(4) "specific methods of handling and disposal of
construction debris"
(5) "reduction of off-site negative effects of construction
including loss of business and increase in crime"
Consideration was also given to environmental standards for
Federal construction contracts relative to the adequacy of contract
17
provisions, existing regulations, and incentives. The construc-
tion panel submitted the following recommendations for erosion con-
trol during federal construction:
(1) Responsibility should be exercised jointly by the
architect-engineer (AE) and the contractor.
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(2) The AE should prepare site grading and
drainage drawings.
(3) The requirements of EPA's report on-"Control
of Erosion and Sediment Deposition from Construction
of Highways and Land Development" of September
18
1971 should be incorporated into construction
19
documents.
Other aspects of recent Federal environmental directives refer
to the need to provide timely and accessible information to the public
about present and future plans having an environmental effect. Several
Federal agencies, such as the Soil Conservation Service (SCS) have long
standing mandates to assist public and private institutions, organiza-
tions, and individuals in improving the quality of man's environment.
For example, the SCS policy in providing technical assistance involves
the following:
(1) using a systematic interdisciplinary approach
to environmental problems
(2) taking account of social, economic, biological,
physical, and other factors that affect the
environment
(3) using SCS resources in ways that contribute fully
to the prudent use of natural resources
State and Local Regulations and Actions
Accelerated population growth and the activities of highly moti-
vated land developers resulted in the rapid development of the former
agricultural uplands watershed of the Sligo Creek area of east-central
20
Montgomery County, Maryland during the late 1950's. in connection
with this, large areas of highly erodible soils were exposed for rel-
atively long periods of time and the extent of paved-over areas was
increased sharply. These and other conditions were conducive to
138
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serious flood and sediment damages in already urbanized areas down-
stream from these highly developed upstream areas from time to time
during high intensity rainstorms. Actions of planning agencies to
acquire and control high flood risk stream valley lands were thwarted
20
by the market interests. As a result, the upland watershed area of
the Sligo Creek area of east-central Montgomery County was complete-
ly developed to homes and businesses producing, in the minds of many
people, what has been termed "disastrous results. "
An irate, but knowledgeable citizenry, coupled with sympathetic
public officials brought forth new fruit in a newly conceived federal
assistance program known as the "Small Watershed Act" (PL-566, 83
21
Congress, 2nd Session). In 1957, funds from this Act were autho-
rized for use by the Maryland National Capital Park and Planning
Commission (MNCPPC) to plan two multiple purpose flood prevention
and recreation impoundments in the Upper Rock Creek Watershed in
22
Montgomery County. Local sponsors were the Montgomery Soil and
Water Conservation District, the Montgomery County Council, and the
MNCPPC. Five years later (in 1962) plans for this watershed were
completed. In 1963, the Upper Rock Creek Watershed was authorized
for operations and in the fall of 1964 one of the flood retention structures
was completed. Hard upon the completion of this structure was the
successful bid of land subdividers to obtain higher building densities
22
and several rezonings in the affected areas.
At this point in time (1964), the Montgomery County Council was
advised by the State Conservationist of the Soil Conservation Service
that PL-566 funds for construction of the second flood retention struc-
ture could not be made available until the Council stated its zoning and
erosion control enforcement intentions in the watershed above both
, 22
dams.
Exercising its constitutional authority to assume responsibility
for this problem, the Council appointed a sediment control task force
consisting of land developers and the building industry: the bicounty
agency responsible for the administration of zoning and subdivision
139
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regulations, the Montgomery Soil Conservation District representa-
tives, the bicounty agency responsible for providing sewer and water
facilities, and representatives from interested state and federal
20
agencies. Two important related legal aspects of this sequence of
events were: (1) In 1961, the Attorney General for the State of Mary-
land had established an opinion recognizing sediment as a pollutant and
therefore subject to regulation by the Maryland Department of Water
Resources, and (2) The so-called "Bulldozer Law" passed in 1961 by
the state legislature gave Montgomery County added authority to con-
22
trol land development.
The sediment control task force developed a voluntary sediment
control program and presented it to the Council in the spring of 1965.
On June 29, 1965, the County Council adopted the program and county
department heads were given the responsibility for developing in-house
2
policies and procedures to carry out the program. After two years'
trial with voluntary compliance, the Council decided to make sediment
control mandatory during private construction activities by amending
Section 104-24 of the "Subdivision Regulations for the Maryland-
2
Washington Regional District within Montgomery County. " The Mont-
gomery Soil and Water Conservation District was designated as respon-
sible for approving sediment control measures on construction sites.
The County Department of Public Works was given the responsibility
of enforcement.
After the first full year of operation of the mandatory sediment
control program (in 1968), it became apparent to the evaluation team
that the technical principles of erosion and sediment control were not
understood clearly by the community. As a result, steps were taken by
the county to promote better understanding and awareness of the erosion
and sediment control program. Another important aspect of this
evolving program was that the evaluation team in 1968, and again in
1970, consisted of representatives from the Maryland National Capital
Park and Planning Commission (zoning and subdivision regulations),
the Department of Public Works (enforcement of sediment controls),
140
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the Suburban Maryland Home Builders Association (both builders and
engineers), and the Soil Conservation Service (technical inputs from
20
state and federal levels).
The Montgomery County, Maryland experience illustrates well
the role of a local government in assuming the responsibility, and
assigning funds to carry out an important pollution control program.
At least five organizational steps are recognizable, and these are con-
sidered to be of prime importance for local governments having an
2
interest in starting similar programs:
(1) The need for erosion and sediment controls was
formally recognized by local elected officials.
(2) Administrative and legal controls were
formulated.
(3) Specific responsibilities were assigned to
local agencies.
(4) On-site inspection and maintenance of control
efforts were provided for.
(5) The program was evaluated by a representative
group of interested persons at several time
intervals.
A second example of local legislation applicable to the control of
erosion, sedimentation, and other pollutants released during construc-
tion is seen in the "Erosion Control Ordinance" of 1967, Fairfax County,
2
Virginia. This ordinance was written directly into the Fairfax County
Code containing previous requirements of importance to developers.
Briefly, the ordinance states:
(1) That a construction permit will not be issued, or
construction plans approved unless the developer's
plans meet ordinance requirements.
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(2) A soil conservation plan must be submitted by
the developer, who in turn is required to
guarantee by cash escrow that the approved
soil conservation plan will be carried out.
(3) Inspectors from the Department of County
Development evaluate compliance of developers
with the approved plan.
(4) In case the developer fails to comply, his cash
escrow can be used by the county to carry out
necessary conservation practices. In which case
the developer would be forced to increase the
cash escrow.
Returning to the Montgomery County, Maryland experience, his-
tory is clear in showing that leadership exerted in that area quickly
spread to other rapidly urbanizing areas in Prince Georges, Baltimore,
Howard, and Anne Arundel Counties. All of these adopted sediment
control programs using the task force approach initiated through the
Soil and Water Conservation Districts and other aspects of the Mont-
22
gomery experience during the period 1967-1969. Concomitantly,
the Maryland National Capital Park and Planning Commission
(MNCPPC) drafted erosion and sediment control legislation for the
Patuxent River Watershed area completely within the State of Mary-
22
land. The MNCPPC legislation was introduced as House Bill No.
1298 during the 1969 session of the General Assembly and this was
enacted as Chapter 415 of Maryland Laws, effective July 1, 1969.
This law was designed to control pollution of the Patuxent River,
establish standards for sewage treatment plants, and called for sedi-
ment control plans for any earth changes, except for agricultural
practices and on single family residences of 0. 81 or more hectares
on o o
(2 or more acres;. ' The soil conservation districts were assigned
responsibility for approval of site development plans, and all counties
were encouraged to use the task force approach to develop programs
and procedures to
142
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carry out the new law. The Soil Conservation Service (United States
Department of Agriculture) assisted with, consolidated, and updated
the standards and specifications for erosion and sediment control in
urbanizing areas. These standards were made available to the Soil
Conservation Districts and to other interested persons.
In December 1969, six months after passage of the Patuxent
River Watershed Law (Chapter 415 of Maryland Laws) the Prince
George's delegation to the General Assembly drafted legislation to
22
extend the Patuxent Law to the entire state of Maryland. The
Maryland Sediment Control Law was enacted as Chapter 245 of the
22
Acts of 1970 on the first Earth Day, April 22, 1970. This law gave
statewide leadership to the Department of Natural Resources, taking
the traditional authority for State water pollution control away from the
State Health Department, and removing the piecemeal approach to water
quality. For the first time, statewide leadership provided for a de-
gree of uniformity of regulations and procedures between county and
State agencies.
Rules and regulations adopted on April 4, 1972 by the Maryland
23
State Department of Natural Resources concerning sediment control
state clearly that the Secretary shall "adopt criteria and procedures
to be used by the counties, municipalities, and the local soil conser-
vation districts to implement soil and shore erosion control programs. "
In addition, the Department will assist the soil conservation districts
to prepare a unified sediment control program and assist the counties
in the development of grading and building ordinances for sediment
23
control. The Maryland Sediment Control Law can be described as
a prevention-oriented program requiring approved sediment control
plans prior to the commencement of land clearing, grading or distur-
u 23
bance.
At the present time, the State of Maryland is organized into
five regions, each equipped to deal with water quality problems
arising within its boundaries. In addition, the marine police and all
143
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other statewide inspectors have been coordinated in a way per-
24
mitting close cooperation between and within each of the regions.
New and innovative approaches are being sought constantly. For
example, a new court ruling states that any local ordinance stronger
than the statewide law takes precedence over State law, thereby
opening the way for local jurisdictions to adopt much stronger land
24
development regulations, if deemed necessary.
The Maryland experience has been discussed at length because
it stands as a reference standard by which environmental actions,
taken by knowledgeable leaders in a rapidly urbanizing community,
resulted in the adoption by the county of workable plans for mini-
mizing erosion, sedimentation, and other forms or causes of
pollution during construction activities. The task force approach
used by Montgomery County was repeated successfully in neighbor-
ing counties undergoing rapid urbanization. Undergirding these
actions was the strong support from the local Soil Conservation
Districts and the Soil Conservation Service technical staffs.
In turn, strong leadership from the bicounty commission
(MNCPPC) responsible for zoning and subdivision regulations led to
the drafting of erosion and sediment control legislation covering the
Patuxent River Watershed of more than 223, 000 hectares(550, OOOA. )
Strong leadership was equally evident on the part of the State
legislators instrumental in securing the adoption of the Patuxent
Watershed Law. Within 10 months, this Watershed Law served as
the point of departure for the adoption of a statewide sediment con-
trol law. Such rapid progress could not have been achieved without
due recognition by the Governor and a majority of other legislators
that this law was needed.
Administrative responsibility for the Maryland Sediment Law
was placed in a new Department of Natural Resources which, for the
first time, provided for better coordination, greater uniformity of
procedures, greater cooperation, and increased dialogue within and
between county and state groups.
144
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An important aspect of the Maryland Sediment Law is that it
is a prevention-oriented program. Land developers and others are
required to exert greater effort in adapting their plans to ongoing
efforts by the state to improve water quality and protect environ-
mentally valuable areas to the maximum extent by retaining soil in
place throughout the watersheds of the State. However, there are
certain items which the Maryland State Department of Natural
Resources has found critical and which other states and jurisdictions
25
ought to consider.
(1) "Proper clarification of fundamental relationships
between the coordination of State law requirements
(exemptions, standards, and administration) and
the local grading ordinances. "
(2) "Adequate staffing and funding for local sediment
control inspection activities. Cost sharing
between the State and counties for sediment
control inspectors has been suggested on many
occasions. "
(3) "Authorizing funds for additional soil conser-
vation district personnel. "
(4) "Adequate staffing at the State level to implement
a statewide program. The Department has found
that reviewing, approving, and inspecting all
state projects, and assisting local jurisdictions
in developing programs are indeed time-consuming
tasks."
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COORDINATION OF PLANS AND CONTROLS
Federal Agencies
Provisions for Federal funding and technical assistance to
States and local jurisdictions relative to water quality were included
in the Federal Water Pollution Control Act Amendments of 1972.
An important document illustrating the need for more effective
future coordination of construction plans (and presumably environ-
mental controls) between Federal, State, and local governments was
issued on February 9, 1971, by the Executive Office of Management
p c
and Budget (OMB). Known as revised Circular A-95, this docu-
ment contained a mandate for added cooperation between all levels
of government in the evaluation, review, and coordination of
and federally assisted programs and projects, in furtherance of
section 204 of the Demonstration Cities and Metropolitan Development
Act of 1966 (DCMDA), Title IV of the Intergovernmental Cooperation
Act of 1968 (IGCA), and section 102 (2) (C) of NEPA, 1969. For
example, section 204 of DCMDA requires that applications for
Federal assistance to highway and other construction projects should
be accompanied by the comments of an areawide comprehensive
planning agency as to the relationship of the proposed project to the
planned development of a given area. Section 410 (C) of IGCA states
that all Federal aid for development purposes should be consistent
with the objectives of State, regional, and local planning groups. In
essence, the OMB urges the creation of opportunities for contact and
communication within and between the several levels of governments.
This step would appear to be a necessary precondition for the coordin-
n £
-ation of Federal development projects.
Interagency cooperation during the initial phases of project
planning can lead to more substantial environmental benefits and
economies. Obvious benefits include forehand knowledge of existing
facilities and future plans, and compatibility of design relative to land
27
use, storm sewer systems, and highway construction, among others.
146
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Economies can be realized through carefully worked out joint or
1727
multiple funding projects. '
On February 27, 1970, the President issued Executive Order
11512 directing the General Services Administration to amend its
established procedures for planning, locating, acquiring, building,
17
and managing Federal installations in urban areas. Recognition was
given in this document to the socioeconomic as well as the environ-
mental impacts of Federal construction activities. Federal buildings
appear to have been located in the past in urban areas such as to
essentially ignore the social programs, plans, and economic needs
of these local areas. Selective placement of any Federal facility can
be a vehicle for achieving the objectives of local community develop-
17
ment plans. Criteria should be developed and applied for the
avoidance of chronic hazardous pollution areas and the protection of
present and future environmentally valuable areas such as wetlands,
ground water recharge areas, wildlife areas, scenic, historical,
17
and archeological sites in all of the states.
The degree of coordination between Federal agencies and the
various state and local groups relative to construction and develop-
ment activity varies in relation to the authority of each group. Public
institutions are frequently compartmentalized by design - a situation
which essentially guarantees the lack of easy communication within
and between units, and the fragmentation of the decision making
28
process.
An important exception to this condition is seen in the pro-
cedures for coordinating interrelated work areas, worked out between
the Nevada Highway Department (NHD) and the Nevada office of the
U.S. Department of Interior's Bureau of Land Management (BLM) at
both the district and State office levels (Appendix D, Section V).
These procedures were developed in consultation with key persons at
various levels in each organization, and culminated in a memorandum
of understanding between the two groups.
147
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In brief, each organization stated its primary input into once a
year local and State coordination meetings with emphasis on:
(1) Local meetings
(a) to exchange data on storm events and
surface runoff in 12 representative basins,
and on peak flows in areas near existing
and proposed new highway systems
(b) to review plans and arrange simultaneous
scheduling and execution of work programs
(c) to identify unresolved problems requiring
attention at the next level of management
(d) to work out mutually beneficial exchanges
of manpower, materials, and equipment on
the basis of specific case interrelated
work areas
(2) State meetings
(a) to develop procedures for coordinating
work on a statewide basis
(b) to review priorities
(c) to conduct joint evaluations and review
of plans
(d) to resolve conflicts
This cooperative work has been conducted for the last 10 years.
In addition to data exchanges, both organizations advise each other on
storm damage and emergency situations noted in the field by their
respective field workers. The great value of this relationship is that
each group obtains a clearer understanding of its responsibilities,
thereby minimizing duplication of work.
148
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Of necessity, the authority delegated to each Federal agency
influences its major functions. For example, the Federal Power
Commission excercises only regulatory functions over hydroelectric
power plants and has no direct planning function for these. Other
agencies may be totally involved in the construction of dams, reser-
voirs, nuclear power plants, powerlines, and access roads.
Federal agency participation in, and control of various construc-
tion activities can be illustrated partially in the following terms:
(1) Federal groups having authority to issue licenses
and special permits
(a) bridges and highways across navigable
streams (Department of Transportation,
Coast Guard)
(b) Federal highways through federal lands
(Agriculture's Forest Service; Interior's
Bureau of Land Management)
(c) hydroelectric power plants and power
lines (Federal Power Commission)
(d) nuclear power plants and associated
powerlines (Atomic Energy Commission)
(e) ski slopes and other recreation areas on
Federal land (Agriculture's Forest Service)
(f) pipelines across navigable streams (Corps
of Engineers)
(2) financial and technical assistance from Federal groups
(a) indirect participation through federally
aided projects
-primary highways (Department of
Transportation, Federal Highway
Administration)
-urban housing (Housing and Urban
Development)
149
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(b) full participation in planning, funding,
and construction
- dams and reservoirs (TVA, Army Corps
of Engineers, Agriculture's SCS, and
Interior's Bureau of Reclamation)
- military construction (Department of
Defense's: Army, Navy, and Air Force)
- Federal Buildings (General Services
Administration)
(c) evaluation of environmental impact state-
ments for adequacy of nonpoint source
pollution control.
Since the adoption of the National Environmental Policy Act in 1970
and the issuance of guidelines for environmental impact statements
by the Council on Environmental Quality in April 1971, it is certain
that there has been a large increase in the dialogue between Federal
and Federal-State agencies relative to various construction activities.
Other mandates beyond NEPA have already been discussed in the
first paragraph of this section on "Federal Agencies. " Furthermore,
the language set forth in Sections 3(a) and (b) of the CEQ guidelines
requires Federal agencies to achieve consistency in following the
administrative procedures set forth in Executive Orders, Office of
Management and Budget directives, and the guidelines so as to
"assure effective coordination among agencies in their review of
proposed activities.
State and Local Groups
Because most sedimentation problems involve entire river
systems or drainage basins and involve, in turn, Federal, State, and
private lands, it is evident that reciprocity should exist between
Federal agencies and the various organizations that represent State
18
and local interests. An integrated approach to erosion and sedi-
ment control can be achieved when all Federal,State, and local organ-
18
izations within a drainage basin coordinate their control efforts.
150
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This is essential because the costs of major improvements such
as dams, reservoirs, and open space lands are usually covered
2
through intergovernmental multipurpose projects. Local govern-
ments can take the initiative in generating workable sedimentation
controls in relation to these major construction activities, however,
if they have the legal authority to enter into intra- and inter-govern-
mental agreements through memoranda of understanding, specific
statutory provisions, formal agreements, or delegated statewide
2
powers.
Erosion and sediment control measures needed on housing
developments, shopping centers, and similar types of construction
activity can be funded by developers and contractors as a part of their
normal construction duties. This procedure is now being followed,
for example, in Fairfax County, Virginia, and in all counties of
Maryland. Local governments can also finance various areawide
water management measures through Federal and State assistance
2
programs, taxes, and bond issues. Normally, financial and tech-
nical assistance is not provided to local governments specifically for
use on sediment control measures. Rather, assistance comes through
programs in which sediment control is only one of several eligible
2
activities.
Local governments should make provisions for control of ero-
sion and sediment in all private and public project plans relating to
the following:
(1) highways, railroads, streets, and trails
(2) shopping centers, schools, parks, and airports
(3) housing developments
(4) industrial and commercial developments
(5) utilities, pipelines, power lines, and other
underground installations
(6) dams, reservoirs, and waterways
151
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(7) sanitary landfills and overland flow wastewater
treatment systems
(8) sediment spoil areas
If there are no statewide or countywide laws pertaining to the
control of sediment and other pollutants released during construction
activities, state enabling legislation can provide legal authority to
political subdivisions for regulating land disturbances in both the pri-
vate and public sectors and for managing sediment and other pollutants
in coordination with other water management programs through the
2
following:
(1) grading ordinances
(2) areawide stormwater management regulations
(3) land use planning regulations
(4) zoning regulations
(5) flood plain ordinances
(6) subdivision control laws
(7) sewerage regulations
(8) building codes relative to soil stability and
subsurface and surface drainage patterns
In the unified national program of floodplain management under-
way since 1966, progress has been made toward ending the uneconomic,
hazardous, and unnecessary use of land lying adjacent to rivers and
29
flood-prone areas. Cities and towns such as Hartford, Conn.,
Tulsa, Okla. , and Atlanta, Ga., have already implemented flood plain
29
controls. A full range of flood plain related technical and planning
services is available to Federal, State, and local governments who
have enabling legislation, from the Corps of Engineers Flood Plain
30
Management Services Program. These services include advice on
flood plain regulations, information on individual building sites and
short reaches of stream and coast, and in some cases long reaches that
have not been covered by Flood Plain Information Reports. These ser-
vices are provided through the 47 Corps of Engineers Division and
District Offices. Additional guides are provided by the Office of the
152
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Chief of Engineers, U. S. Army.
Local organizations to which responsibility can be assigned for
coordinating certain aspects of sediment and pollution control include
agencies such as flood control districts, soil conservation districts,
2
irrigation districts, drainage districts, and sanitation districts.
However, these groups appear to possess two major drawbacks:
(1) Coordination with other governmental programs is
not mandatory.
(2) By providing services not usually handled by an
existing government agency, they tend to perpetuate
themselves.
An exception to this generalization is seen in the flood districts
2
in the State of California. Leadership has been provided by these
districts in coordinating federal flood control programs of the U. S.
Army Corps of Engineers, and the Agriculture Department's Soil
Conservation Service with State, county, city, and private agency
programs.
Similarly, the more than 3000 soil and water conservation dis-
tricts created under provisions of State law, provide useful service
in that their programs have been expanded in urbanizing areas to
2
provide help in solving suburban soil and water problems. Many
of these districts are related closely to county governments, either
by law or by cooperative agreements. Certain districts have shown
exceptional ability to coordinate their activities with programs in
other jurisdictions. Broad-based representation on soil and water
conservation commissions in certain States has been achieved
2
through new legislation. This is an important development for
urbanizing areas.
Voluntary agencies composed of local governments such as the
Metropolitan Washington Council of Governments (COG) have become
important in promoting areawide coordination of sediment control
efforts. For example, the Regional Sediment Control Advisory
153
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Committee of COG was active in delineating the sediment control
2
activities and needs in the Washington, D. C. area. Assistance in
promoting the coordination of intergovernmental programs can also
be provided by most areawide planning agencies. These agencies may
also be assigned the responsibility for carrying out public education
2
programs.
Whether or not there exists an areawide sediment control law,
local elected officials desiring to develop effective environmental
control programs may wish to take the following steps:
(1) Appoint a task force composed of persons
connected with planning commissions, water and
sewer agencies, soil conservation districts,
home builders associations, professional engineers
and architects, U.S. Soil Conservation Service,
contractor's groups, private conservation groups,
and citizen groups. This task force should accomplish
2
the following:
(a) Ascertain the nature, extent, and effect of
sediment and other pollutants on local and
areawide water quality.
(b) Identify existing land use, sediment, and
other water pollutant control laws.
(c) Identify sediment and other pollution control
practices currently being used by developers,
contractors, and Federal and State agencies.
(d) Work out techniques for gaining the cooperation
of developers, contractors, and public officials
in carrying out the proposed program.
(e) Locate sources of technical and financial
assistance from Federal, State, and
private sources.
154
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(f) Develop a program for informing the public
about the need for comprehensive environ-
mental controls.
(2) Make a decision on the extent and toughness of local
controls in terms of local soil, topographic, geologic,
and climatic factors. Additional points should be
2
considered, as follows:
(a) Assign responsibility for administering
controls to one or more groups already
in existence.
(b) Organize an evaluation team with broad-
based political, technical, planning, and
private representation to determine the
effectiveness of the controls.
(c) Provide for budgeting, planning and review,
drafting and adoption of standards, enforce-
ment, inspection, and overall operation of
the system.
(d) Prepare financial plans to cover immediate
and long-range capital financing of controls
for parks, reservoirs, and other public
construction.
(e) Provide techniques for handling citizen
complaints.
(f) Provide for in-house training of inspectors,
maintenance personnel, planners, and others.
155
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RECENT LEGISLATIVE APPROACHES
One further example of the task force approach to legislative
action is seen in the recent cooperative efforts resulting from the First
National Symposium on State Environmental Legislation held in
Washington, D. C. in March, 1972 under the joint sponsorship of the
Council on Environmental Quality, Council of State Governments,
Environmental Protection Agency, and the Department of the Interior.
In this symposium, the Soil Erosion and Sediment Control Workshop,
which reflected participation by the foregoing agencies and the
National Association of Conservation Districts, the U.S. Department
of Agriculture's Soil Conservation Service and Office of General
Counsel, and several States, appointed a committee to serve as a
task force to draft specific provisions of a suggested State law on
erosion and sediment control for submission to the Council of State
Governments by May 1, 1972. The result of this committee's work
is the "Model State Act for Soil Erosion and Sediment Control" (See
Appendix E and Reference 31). This Act has been submitted to key
State officials for consideration by State legislatures during 1973.
EPA and NACD, under contract agreement, now are involved in conducting
a series of State sediment control institutes to encourage the various
states to develop legislation for uniform statewide sediment control
laws.
As of August 20, 1973, the NACD has convened 17 sediment con-
trol institutes in Connecticut, Georgia, Hawaii, Idaho, Kansas, Ken-
tucky, Louisiana, Minnesota, Montana, North Dakota, Oklahoma,
Oregon, South Dakota, Tennessee, West Virginia, Wisconsin, and
Wyoming. To date, 17 states (Georgia, Illinois, Iowa, Maryland,
Minnesota, Montana, New York, North Carolina, Ohio, Oregon,
Pennsylvania, South Carolina, Virginia, Virgin Islands, West Virginia,
Wisconsin, and Wyoming) have drafted and introduced sediment control
156
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legislation. Since 1970, nine states (Iowa, Maryland, Michigan, North
Carolina, Ohio, Pennsylvania, South Carolina, Virginia, and the Vir-
32
gin Islands) have adopted sediment control legislation.
Legislation in Wisconsin emerged as a model ordinance for use
by soil conservation districts in adopting land use regulations for
sediment, runoff, and erosion control in accordance with comprehen-
33
sive plans developed pursuant to Section 92. 08 of Wisconsin statutes.
The model ordinance applies to all lands lying outside the limits of
incorporated areas. This action does not detract from the overall
effectiveness of the Wisconsin legislation to control and prevent pollu-
tion from sediment and other pollutants released during construction
acitivity, however, since soil and water related programs for incor-
porated areas would be contiguous to the overall planning done by the
33
soil conservation districts.
Whatever administrative course or legislative format is followed
by a given State in its effort to deal with various aspects of pollution
by sediments the following principles should be applied:
(1) The soil erosion and sediment control program
should be applicable statewide to different types
of land use and soil conditions.
(2) Soil areas having critical erosion and sediment
control problems should be identified.
(3) Statewide guidelines including conservation
standards for controlling erosion and sediment
resulting from all types of land disturbing
activities should be adopted.
(4) District or local control programs consistent
with State programs and guidelines should be
established.
157
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(5) Certain land disturbing activities not conducted in
accordance with approved soil erosion and sediment
control plans should be prohibited. Special require-
ments would be applied to land disturbances typical
of agricultural and forestry operations.
(6) Existing State and local regulatory mechanisms
such as issuance of building, grading, and other
permits, as applicable, should be used to implement
the requirements of the erosion and sediment
control plan.
(7) Inspection, monitoring, and reporting requirements
should be applied, subject to modifications of
approved plans by mutual agreement.
(8) Penalties, injunctions, and other enforcement
strategies should be provided.
(9) Adequate funds should be provided to carry out
the Act.
In its present form, the Model State Act omits controls per-
taining to stormwater management, and pollutants other than sedi-
ment.
Since 1965 various county and State statutes have been enacted
which, for the most part, require a permit for any earth moving
31 35
activity. ' Issuance of a permit hinges upon approval of a plan
submitted by the developer for controlling erosion and sedimentation.
Approval powers reside in the local soil conservation district.
Ordinances of this type have been adopted in Howard, Montgomery,
and Washington counties in Maryland; Steele County in Minnesota;
31, 35
Fairfax County in Virginia; and Buffalo County in Wisconsin.
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Four States, Iowa, Ohio, Illinois, and Wisconsin, have recently
amended their soil conservation districts laws to provide for sediment
control: Iowa requires conservation districts to establish and enforce
"soil loss limits;" Ohio authorizes the Director of Natural Resources
to coordinate agricultural pollution abatement and urban sediment
control programs based on the State's water quality standards;
Illinois requires its conservation districts to assist local zoning
authorities in reviewing applications for proposed land subdivisions;
Wisconsin broadened its regulatory authority through land use regu-
lations to include the control of runoff and sedimentation and author-
35
ized county assistance in enforcing these regulations.
Two States (Maryland in 1970 and South Carolina in 1972) and
the Virgin Islands (in 1972) have adopted statutes authorizing local
governments to require, by ordinance, sediment control plans that
35
must first be approved by the soil conservation districts.
Two States, Pennsylvania (in 1970) and Michigan (in 1973)
have enacted laws unrelated to amendments to soil conservation
district laws (Appendix E). For example, Pennsylvania's Clean Stream
Law provides regulations to control accelerated erosion and sedimenta-
tion, with penalties and permits to protect streams from pollution.
Michigan's Soil Erosion and Sediment Control Act provides for a
statewide control program for enforcement by the county govern-
35
ment and assistance from soil conservation districts.
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INSTITUTIONAL DECISION-MAKING PROCEDURES
Responsibility for policy decisions relative to the control of
sediment and other pollutants resulting from construction activity
and other nonpoint or area sources, should be assumed by local
officials because it is doubtful if Congress would be willing to
establish a Federal system of regulating construction-related
q c
sediment and runoff. For example, legislation requiring ex-
clusive Federal approval of an erosion and sediment control plan
for each construction project would appear to be unrealistic,
because monitoring and reporting systems comparable to those
QC
for point sources are not possible for nonpoint sources. Yet, if
State and local governments manage the system, "it is doubtful
that Federal control can be meaningfully exercised through issuance
of Federal standards", because valid general standards appear un-
qe
attainable relative to construction-related pollution.
Unquestionably, local officials have the constitutional author-
ity to make decisions concerning the use and allocation of local land
and water resources. Also, a sedimentation and pollution control
program constitutes a segment of soil and water resource manage-
ment which ought to be the responsibility of elected officials at the
2
local level.
Questions can be raised, however, concerning the efficacy of
the decision-making process at the various levels of government.
For example, local jurisdictions are beset from one side by the
many lobbyists for interests other than conservation, land use, and
the control of pollutants. From another side comes the environ-
mental demands of individual citizens and organized interest groups
c
having new "pieces of the truth. " Environmental "impacts and
amenities which are unmeasurable or unquantifiable are neverthe-
less real and should be as integral to decision-making as quantifiable
technical and economic considerations. "
160
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This principle has been set forth clearly in the National Environ-
mental Policy Act (NEPA) of 1969 which requires the development
of environmental impact statements for new construction and other
3
major actions by federal agencies.
Citizen response to over 3000 impact statements during the
past two years has ranged from consent without protest, to inter-
ference in agency affairs, to political demands, to extensive court
action.
Several agencies have responded to public opposition to new
construction and other projects by using increased citizen partici-
pation during the program planning and design stages. This action
goes beyond NEPA requirements that the final impact statement will
c
be made available to interested citizens. The practice of obtain-
ing citizen feedback during the planning and design stages of con-
struction projects avoids apparent deceptions inherent in the use of
environmental impact statements when construction contracts are
awarded. For example, it is evident that agencies can develop the
impact assessment statement in order to justify the agency's statutory
mandate. 6' 28
Citizen involvement in the governmental and legislative pro-
cess can be an important means of helping concerned legislators
and officials to carry on background research, check on prior laws,
28 37
and draft new legislation for protecting the environment. '
Governments, through the use of taxes and legislation can en-
courage people to be more rational in making their personal decisions.
For example, new legislation enacted in California (the Williamson
Act) changed the practice whereby prime agricultural land such as
citrus orchards located at the periphery of an urbanizing area was
taxed as if it were being subdivided for a housing development. The
new law gives concerned farmers in California a strong incentive to
continue growing valuable food crops rather than selling out to land
UJ- -J 28
subdividers.
161
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Another way that governments can protect environmentally
vulnerable areas is seen in the decision of citizens and officials of
Baltimore County, Maryland not to permit the construction of im-
poundments and/or sewer lines in the valley floors of the Green
Spring and Worthington Valleys. Also, intensive housing develop-
ment was permitted only in the open plateau areas. These decisions
were made and put into practice with the strong support, exercised
mutually, between a majority of the residents, local planning groups,
37
local agencies, and the State government. The experiences of
these and other groups illustrate that the workings of human initia-
tives, at all levels, can bring solutions to pressing environmental
problems.
162
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IX. SELECTED REFERENCES
1. Ada Soil Conservation District, "Sediment and Erosion
Control Guide for the Boise Front-Urban Area, " Part I,
State of Idaho, Ada County, 1972.
2. Powell, M. D., W. C. Winter, and W. P. Bodwitch,
"Community Action Guidebook for Soil Erosion and Sediment
Control, " National Association of Counties Research Founda-
tion, and the U. S. Department of the Interior, Washington,
D. C., 1970.
3. 42 U. S. Code 4321, Public Law 91-190, NEPA, 1969.
4. Kitzmiller, W. M., "Environment and the Law, " in C.
Fadiman and J. White, Eds., Ecocide - And Thoughts Toward
Survival, Center for the Study of Democratic Institutions,
Santa Barbara, California, 1971, p. 140.
5. Public Law 92-500, Amendments to the Federal Water
Pollution Control Act, 92nd. Congress, 1972.
6. Baram, M. S., "Technology Assessment and Social Control,
Science Vol. 180, May 4, 1973, p. 465.
7. Jacoby, N. H., "Corporations, Government, and the Environ-
ment, " in C. Fadiman, and J. White, Eds., Ecocide - And
Thoughts Toward Survival, Center for the Study of Democratic
Institutions, Santa Barbara, California, 1971, p. 160.
8. State of Maryland, Water Resources Administration; B. C.
Becker, D. B. Emerson, and M. A. Nawrocki, Hittman
Associates, Inc., "Joint Construction Sediment Control
Project, " Grant No. 15030 FMZ, Environmental Protection
Agency, Washington, D. C., December 1972, p. 80.
9. Stevens, R. M., D. J. Elazar, and J. F. Lockard, Green
Land - Clean Streams, Center for the Study of Federalism,
Temple University, Philadelphia, Pa., 1972, p. 211.
10. State of Maryland, Attorney General, "A Letter Opinion, "
Baltimore, Md., July 13, 1961.
11. The President of the United States, Executive Order No. 11258,
Federal Register, Vol. 30, November 19, 1965, p. 14483.
163
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12. State of Maryland, Annotated Code, Chapter 245, Acts of
1970, Sediment Control Law, April 22, 1.970.
13. The President of the United States, Executive Order No.
11507, Federal Register. Vol. 35, February 5, 1970, p. 2573.
14. The President of the United States, Executive Order No.
11514, Federal Register. Vol. 35, March 7, 1970, p. 4247.
15. Council on Environmental Quality, "Statements On Proposed
Federal Actions Affecting The Environment, "Federal Register.
Vol. 36, April 23, 1971, p. 7724.
16. The President of the United States, Executive Order No. 11593,
Federal Register. Vol. 36, May 14, 1971, p. 8921.
17. "interim Report-International Environmental Conference on
Building Construction and Use, " Public Building Service,
General Services Admin., Washington, D. C., April 23-25,
1972, pp. 7;71.
18. Thronson, R. E., "Control of Sediments Resulting from
Highway Construction and Land Development, " Office of
Water Programs, Environmental Protection Agency, Wash-
ington, D. C., September 1971.
19. "Status Report-International Environmental Conference on
Building Construction and Use, " Public Building Service,
General Services Admin., Washington, D. C., October 1972,
p. 41.
20. Bowen, D. K., "History of Sediment-Control Legislation in
Maryland, " Paper No. 70-704, Am. Soc. of Agric. Engineers,
St. Joseph, Michigan, December 1970.
21. Public Law - 566, Watershed Protection and Flood Prevention
Act, 83rd Congress, 1954.
22. Scholl, H. E., "The Maryland Sediment Control Program, "
Soil Conservation Service, U. S.D.A., College Park, Md.,
1971, p. 1.
23. State of Maryland, Department of Natural Resources, 8.05.03.01,
Rules and Regulations, Sediment Control, Annapolis, Md.,
April 4, 1972, p. 1.
24. Augustine, Marshall, Personal Communication, April 23, 1973.
164
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25. The University of North Carolina, Water Resources Research
Institute, "Proceedings Workshop on Sediment Control, " Report
No. 63, Raleigh, North Carolina, February 10, 1972, p. 81.
26. Executive Office of the President, "Evaluation, Review, and
Coordination of Federal, and Federally Assisted Programs
and Projects, " Office of Management and Budget Circular
A-95, Washington, D. C., Februarys, 1971.
27. American Association of State Highway Officials, Operating
Subcommittee on Roadway Design, "Guidelines for Hydraulic
Considerations in Highway Planning and Location, " Vol. I,
1973, p. 3.
28. Watt, K. E. F., "Planning-So There Will Be a Future, " in
Ecocide-And Thoughts Toward Survival, C. Fadiman and J.
White, Eds., Center for The Study of Democratic Institutions,
Santa Barbara, California, 1971, p. 103.
29. Forestell, W. L., "How To Cut Flood Damage Costs, "
The American City, Vol. 88 (8), 1973, p. 86.
30. Corps of Engineers, "Flood Plain Management Services
Program, " U. S. Army, Washington, D. C. , 1973, 3pp.
31. Council of State Governments, Committee on Suggested State
Legislation, "Model State Act for Soil Erosion and Sediment
Control, " National Association of Conservation Districts,
P. O. Box 855, League City, Texas, 1972.
32. Thronson, R. E. , Personal Communication, EPA, May 11,
1973.
33. Barber, G. J., O. J. Berry, F. Kiefer, D. T. Massey,
L. F. Mulcahy, and H. F. Ryan, " A Model Ordinance for
Wisconsin Soil and Water Conservation Districts Adopting
Land Use Regulations for Sediment Control, " Wisconsin
Board of Soil and Water Conservation Districts, Madison,
Wisconsin, February 1973, p. 3.
34. State of Oregon,Association of Conservation Districts, and
Oregon State Soil and Water Conservation Commission,
"Proceedings Soil Erosion and Sedimentation Control Seminar, "
Portland, Oregon, December 11-12, 1972, p. 4.
35. State of Idaho, Soil Conservation Commission, and The
Association of Soil Conservation Districts, "Proceedings
Governor's Conference on Erosion and Sediment Control, "
Boise, Idaho, January 22-23, 1973, p. 23.
165
-------
36. Environmental Protection Agency, Office of General Counsel,
Personal Communication, May 25, 1973.
37. McHarg, I., "Design With Nature, " The Natural History
Press, Garden City, L. I., N. Y., 1969, pp. 31-41; 79-93.
166
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IX. SELECTED BIBLIOGRAPHY
1. Citizens Advisory Committee on Environmental Quality,
"Community Action for Environmental Quality, " Superinten-
dent of Documents, GPO, Washington, D. C., 1970, 42pp.
2. Hawkins, A. C., "Marylands1 Sediment Control Law,
Jour, of Soil and Water Conservation, Vol. 26 (1) 1971,
p. 28.
3. Krieger, Martin, "The Poverty of Policy for the Environment,
Center for Planning and Development Research, Institute
of Urban and Regional Development, Univ. of California,
Berkeley, 1969, 26pp.
4. National Association of Conservation Districts. "America's
Conservation Districts: 3000 Local Programs for Improve-
ment of the Environment, " League City, Texas, 77573.
5. Schwartz, Seymour I., "A Framework for Environmental
Decision Making, " National Symposium on Habitability,
Los Angeles, California, 1970, Vol. II.
6. Yearwood, R. M., "Land Subdivision and Development:
American Attitudes, " American Jour, of Econ. and Sociol.,
April, 1970, p. 113.
7. Ways, Max, "How to Think About The Environment, "
Fortune, February 1970, p. 98.
167
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SECTION X
APPENDICES PAGE
A. Soil-Erodibility Nomograph 169
B. Special Notes Relative to the Water Pollution
Abatement Plan 170
C. Approval and Certification Statements
Relative to the Water Pollution Abatement
Plan 171
D. Joint Memorandum Between U.S. Depart-
ment of Interior and the State of
Nevada 173
E. Soil Erosion and Sediment Control
Acts 181
168
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APPENDIX A
o o o o
lO CO h- CO
CJNVS 3NU AH3A + HIS J.N30d3d
169
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APPENDIX B
SPECIAL NOTES RELATIVE TO THE WATER POLLUTION
ABATEMENT PLAN 27> 30(S6e SecU°n
1. "No disturbed area will be denuded for more than
calendar days".
2. "All erosion and siltation control measures are to be
placed prior to or as the first step in grading".
3. "All storm and sanitary sewer lines not in streets are to be
mulched and seeded within 15 days after backfill. No more
than 500 feet are to be open at any onetime".
4. "Electric power, telephone, and gas supply trenches are to
be compacted, seeded, and mulched within 15 days after
backfill".
5. "All temporary earth berms, diversions, and silt dams are
to be mulched and seeded for rtemporary vegetative cover
within 10 days after grading.
6. "During construction all storm sewer inlets will be protected
by silt traps".
7. "Any disturbed area not paved, sodded or built upon by 1
November is to be seeded on that date with oats, abruzzi
rye, or equivalent and mulched with hay or straw mulch .
8. "Structural measures such as berms, dikes, traps, basins,
etc., will be installed and stabilized according to this plan
prior to any other grading, clearing, or disturbance of the
existing surface of the site .
9. "All structural sediment control measures are to remain in
place until permission for their removal has been obtained
from the soil conservation district office authorized to ap-
prove this plan".
10. "Notify the soil conservation district office authorized to
approve this plan at least 24 hours before starting any work. "
170
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APPENDIX C
APPROVAL AND CERTIFICATION STATEMENTS RELATIVE
*
30
TO THE WATER POLLUTION ABATEMENT PLAN
BY THE APPROVING OFFICER:
THIS DEVELOPMENT PLAN IS APPROVED FOR WATER
POLLUTION ABATEMENT BY THE JONES COUNTY SOIL CON-
SERVATION DISTRICT (OR OTHER APPROVING OFFICERS).
S/ Howard Baker June 12, 1973
(Approving Officer) (Date)
PLANNER CERTIFIES:
I CERTIFY THAT THE PLAN OF DEVELOPMENT AND THIS
PLAN FOR WATER POLLUTION ABATEMENT HAS BEEN PREPARED
IN ACCORDANCE WITH THE "STANDARDS AND SPECIFICATIONS
FOR EROSION AND SEDIMENT CONTROL", AS ADOPTED BY THE
JONES COUNTY SOIL CONSERVATION DISTRICT.
S/ James McClure May 31 1973
(Planners Name) (Date)
DEVELOPER CERTIFIES:
I CERTIFY THAT ALL DEVELOPMENT AND/OR CONSTRUC-
TION WILL BE DONE ACCORDING TO THIS PLAN OF DEVELOP-
MENT, AND THE WATER POLLUTION ABATEMENT PLAN.
S/ John Smith ^_ June 12, 1973
(Name of Developer) (Date)
* See Section IV
171
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APPROVAL OF TECHNICAL REQUIREMENTS:
THESE PLANS HAVE BEEN REVIEWED FOR (Name of S. C. D. )
AND MEETS TECHNICAL REQUIREMENTS
S/ William Johnson June 8, 1973
(Signature) (Date)
United States Department of
Agriculture. Soil Conservation
Service
172
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APPENDIX D
JOINT MEMORANDUM BETWEEN
United States
Department of the Interior
Bureau of Land Management
Reno, Nevada
State of Nevada
Department of Highways
Carson City, Nevada
TO: All Nevada Personnel, Bureau of Land Management,
Nevada - All Personnel, Department of Highways, Nevada
FROM: E. I. Rowland, State Director, Nevada
Grant Bastian, State Highway Engineer
SUBJECT: Procedures for Coordinating Interrelated Work Areas
I. PURPOSE
This memorandum outlines policies and procedures for use
by Bureau of Land Management personnel, more particularly iden-
tified in Part III, for working with the Nevada Department of High-
ways and vice versa. It was developed by the Bureau of Land
Management and Nevada Department of Highways in consultation
with key employees at various levels in each organization. The
memorandum is especially pointed toward:
A. Developing better understandings of responsibilities of
the Bureau of Land Management and Nevada Department of Highways
as it relates to work that is or may be interrelated;
B. Defining Bureau of Land Management and Nevada
Department of Highways organizational lines, and delineating
relationships to facilitate the coordination of such work;
C. Identifying interrelated work areas, developing pro-
cedures and standardized methods for coordination; and
173
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D. Minimizing duplication of work.
It involves the coordination and integration of planning, pro-
gramming and budgeting of such work in order to assure that joint
efforts will bring about purposeful actions toward accomplishing
Bureau of Land Management and Nevada Department of Highway
goals and objectives. Such coordination is subject to the respective
authorities of each agency. These authorities are highlighted in
Part II hereof. This coordinated approach is designed to eliminate
duplication, divergent plans, provide each agency sufficient lead
time for proper sequential functions, make more efficient use of
available resources, and moreover, develop and execute more re-
sponsive public action programs.
II. AUTHORITIES
The broad authority for such coordinated work is cited
below. Regulations for the administration of such authorities are
cited where necessary in part V. B. on each specific work area.
A. Bureau of Land Management
1. Legislation
a. Taylor Grazing Act of June 28, 1934, as amended
b. Federal Highway Acts of August 28, 1937,
July 26, 1955; 1962
c. Recreation and Public Purposes Act of June
14, 1926
d. Right-of-Way Granting; Act of March 4, 1911;
Act of February 25, 1920, as amended by Acts
of August 21, 1935 and August 12, 1953
e. Materials Act of July 31, 1947
f. Antiquities Act of 1906
g. Historic Sites Act
h. Soil Conservation and Domestic Act of 1935
i. Halogeton Glomeratus Control Act of 1952
j. Water Pollution Control Act of July 9, 1956
k. Water Quality Act of 1965
1. Water Protection and Flood Prevention Act of
1954
m. Protection Act of 1922
n. Reciprocal Fire Protection Agreement Act of 1955
o. National Environmental Policy Act of 1969
174
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B. Nevada Department of Highways
1. Legislation
a. Nevada Revised Statutes; Chapters 37 et seq.
and 408 et seq.
b. United States Code, Title 23
c. Code of Federal Regulations, Title 15, Title
25, Title 43 and Title 2700
d. All applicable Federal Highway Acts - Con-
currence of the Federal Highway Administration
is required during various stages on all fed-
erally funded projects.
e. Act of February 5, 1948; granting of right-of-
way (Indian Lands)
f. Act of March 4, 1911 (Radio Sites)
g. Mineral Materials act of July 23, 1955
h. Beautification Act of October 22, 1965
i. National Environmental Policy Act of 1969 &
Clean Air Act of 1970
III. ORGANIZATION AND WORK FLOW
A. Bureau of Land Management
1. The Bureau of Land Management operates under a
line-staff organization. Bureau Order 701, as amended, provides
specifics on Lands and Resource Delegations and Redelegations of
authority among the different line levels of management in the
Bureau of Land Management.
a. There are generally four levels of line manage-
ment; i. e., Area Manager, District Manager, State Director, and
Director.
b. There are also four levels of technical support
for the aforementioned line managers. These are located in the
district, State, two Service Centers, and Washington offices.
2. Bureau of Land Management district offices admin-
istering Nevada Public Lands are located in:
a. Elko, Winnemucca, Carson City, Ely, Las
Vegas, and Battle Mountain, Nevada;
b. Susanville, California and Boise, Idaho. The
District Manager in these offices administers Nevada public lands
based on Memoranda of Understanding signed by the State Directors.
Procedures developed herein apply to all public lands in Nevada.
175
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3. The Bureau of Land Management's customary internal
work flow is from the Area Manager to District Manager. District
Manager to State Director, and State Director to Director. Gen-
erally, on external intergovernmental working relationships, the
Area Manager, District Manager and their staffs work with local
counterparts; the State Director and his staff with State and regional
offices; the Director with regional and national office levels.
B. The Nevada Department of Highways operates through
a line and staff organization.
1. In general, there are five levels of line authority:
State Highway Board of Directors; State Highway Engineer; Deputy
State Highway Engineer; Asst. Deputy State Highway Engineer; and
division or district engineer.
2. Providing administrative support and technical
assistance at each level of line authority are staff positions. These
staff organizations are located and provide service within the
Department headquarters structure and at the local district level.
3. District offices responsible for local administration
of the highway program are located in:
a. Las Vegas (District One)
b. Sparks (District Two)
c. Elko (District Three)
d. East Ely (District Four)
e. Tonopah (District Five)
f. Winnemucca (District Six)
C. Internal work flow normally proceeds in either of two
ways.
1. An activity originates at the district level through
some local request, then proceeds from the district engineer to the
asst. deputy, or to the deputy, and to the highway engineer.
2. An activity originates at the highway engineer level
through some request from outside the agency, then proceeds to a
deputy or an asst. deputy, and to the appropriate division or
district engineer.
176
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3. Work requests that originate at the district level also
frequently arc referred to divisions within headquarters by either
nn asst. deputy or deputy highway engineer.
I). External work flow, normally involving relationships
with other governmental entities and agencies, provides for direct
working contact between: (1) division or district personnel and their
local counterparts; (2) the deputies and asst. deputies, and assistant
agency and department heads; and the State highway engineer and
agency directors at the State and regional levels.
E. A skeletonized organization chart and personnel roster
for the Bureau of Land Management and Nevada Department of
Ifighways is attached hereto.
Bureau of Land Management Skeletonized Organization
Chart - Attach. 1
Bureau of Land Management Skeletonized Personnel
Roster - Attach. 2
Nevada Dept. of Highways Skeletonized Organization
Chart - Attach. 3
Nevada Dept. of Highways Skeletonized Personnel
Roster - Attach. 4
M nf Ltand Management ) Administrative Attach< 5
Nevada Dept. of Highways ) areas
IV. RESPONSIBILITIES
A. Bureau of Land Management
Bureau of Land Management is responsible for multiple
use management, development and service programs on about 48
million acres of public lands and /or other lands under its jurisdic-
tion. These programs include lands, minerals, range, watershed,
recreation, wildlife, timber, protection, cadastral survey, range
improvement and roads and trails.
B. The Nevada Department of Highways has the responsi-
bility for planning, designing, constructing, and maintaining those
portions of the establishe State highway system under its jurisdic-
tion. This responsibility includes the establishment and maintenance
177
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of effective working relationships with all other governmental
entities and agencies interested in or affected by the State's highway
program.
V. PROCEDURES
Because of the complex nature of many of the Bureau of Land
Management and Nevada Department of Highway operations involving
interrelated work, this part of the memorandum establishes a frame-
work (1) to hold Bureau of Land Management-Nevada Department of
Highways local and State meetings to implement the intent of this
agreement; (2) to identify on a continuing basis, functional inter-
related work areas, and (3) jointly develop procedures in sufficient
detail to guide operations of both Bureau of Land Management and
Nevada Department of Highways in such work areas.
A. Coordination Meetings - General Procedures
1. Local Meeting
At least annually a district meeting of the Bureau of
Land Management District Manager and Nevada Department of
Highways District Engineer and appropriate members of their
staffs will be held. This will be done on a Bureau of Land Manage-
ment - Nevada Department of Highways district basis. The Bureau
of Land Management Boise District Manager, when necessary, will
attend the Elko meeting; the Bureau of Land Management Susanville
District Manager, the Carson City meeting. The meeting will be
scheduled by joint action of the Nevada Bureau of Land Management
District Manager and Nevada Department of Highways District
Engineer. Other groups, agencies and individuals may be invited
to attend.
The purpose of the local meetings are:
a. To exchange data, identify additional inter-
related work areas, and to keep each agency informed.
b. To review agency responsibilities, programs,
priorities, including preliminary plans which may develop into
178
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future cooperative efforts. Full recognition will be given to agency
annual work plans, short and long range plans, and programming
processes to provide adequate time for submission of budget re-
quests. This, in turn, will allow simultaneous scheduling of pro-
grams and execution of such interrelated work.
c. To identify unresolved areas that require the
attention of the next level of management and/or be included on the
agenda for the State meeting.
d. To work out exchanges of manpower, materials,
and/or equipment on a temporary and on specific case interrelated
work areas where such an arrangement would be to the mutual
benefit of both the Bureau of Land Management and Nevada Depart-
ment of Highways.
2. State Meeting
At least annually and preferably after concluding
all the local meetings, a meeting will be scheduled by joint action
of the Bureau of Land Management State Director and Nevada
Department of Highways Highway Engineer. Agenda items and
participants will be discussed as needed before the meeting.
The purposes of the State meeting are:
a. To develop procedures designed to coordinate
Bureau of Land Management - Nevada Department of Highways
District work on a statewide basis.
b. To assist Bureau of Land Management - Nevada
Department of Highway District Offices in their interrelated work
goals.
c. To review priorities and designate critical
functional and/or geographical areas.
d. To conduct joint evaluations and review of
plans and/or completed work.
e. To resolve conflicts.
B. Specific Functional Procedures on Interrelated Work
Areas ( See Attachment 6).
Bureau of Land Management and Nevada Department of
Highways shall collectively develop written procedures on functional
interrelated work areas. Such procedures shall by definition become
an addendum to this memorandum. Concurrence to add, delete
and/or change such procedures shall be done through the exchange
of correspondence between the Nevada State Director and the Nevada
179
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Department of Highways Highway Engineer.
Attachment 6 is a cataloging of the functional areas
where procedures have been developed.
VI. APPRQVAL
This joint memorandum replaces and supersedes the
Memorandum of Understanding between Nevada Bureau of Land
Management State Director and State of Nevada Department of
Highways approved June 15, 1971.
Effective this 14th day of August 1972.
STATE OF NEVADA UNITED STATES DEPARTMENT
DEPARTMENT OF HIGHWAYS OF THE INTERIOR - BUREAU OF
LAND MANAGEMENT
BY/S
GRANT BASTIAN BY/S
State Highway Engineer E. I. ROWLAND
State Director, Nevada
CONCUR:
FEDERAL HIGHWAY ADMINISTRATION
BY/S
CALVIN BERGE
Division Engineer
180
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APPENDIX E
SOIL EROSION AND
SEDIMENT CONTROL ACTS
181
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MODEL STATE ACT FOR SOIL EROSION
AND SEDIMENT CONTROL
Bill No.
AN ACT to amend the Soil and Water Conservation Districts
Law to provide for an acceleration and extension of the program
for control of soil erosion and sediment damage resulting from land
disturbing activities within the State; to provide for adoption of a
comprehensive statewide soil erosion and sediment control program
and guidelines and for adoption by soil and water conservation dis-
2
tricts of soil erosion and sediment control programs consistent
with such statewide program and guidelines; to require the filing
and approval of plans for the control of soil erosion and sediment
damage in connection with land disturbing activities; to provide
for inspections and reports; to declare certain acts to be unlawful;
to provide for administration and enforcement; to provide for
financial and other assistance to districts and the State Soil and
3
Water Conservation Commission for the purposes of this act,
and making an appropriation for those purposes; and for other
purposes.
BE IT ENACTED BY The Legislature of the State of
that the Soil and Water Conservation Districts
c
Law shall be amended by adding at the end thereof the following
sections:
Section 1. Findings and declaration of policy. The Legis-
lature finds that erosion continues to be a serious problem through-
out the State, and that rapid shifts in land use from agricultural
and rural to nonagricultural and urbanizing uses, changes in farm
and ranch enterprises, operations, and ownership, construction of
housing, industrial and commercial developments, streets, high-
ways, recreation areas, schools and universities, public utilities
182
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and facilities, and other land disturbing activities have accelerated
the process of soil erosion and sediment deposition resulting in
pollution of the waters of the State and damage to domestic, agri-
cultural, industrial, recreational, fish and wildlife, and other
resource uses. It is, therefore, declared to be the policy of this
act to strengthen and extend the present erosion and sediment
control activities and programs of this State for both rural and
urban lands, and to establish and implement, through the State
7
Soil and Water Conservation Commission, hereinafter referred
to as the "Commission, " and the soil and water conservation dis-
tricts, hereinafter referred to as "districts, " in cooperation with
counties, municipalities and other local governments and subdivi-
sions of this State, and other public and private entities, a state-
wide comprehensive and coordinated erosion and sediment control
program to conserve and protect land, water, air, and other
resources of the State.
Section 2. Definitions, (a) "Land disturbing activity" means
any land change which may result in soil erosion from water or wind
and the movement of sediments into State waters or onto lands in
the State, including, but not limited to, tilling, clearing, grading,
excavating, transporting and filling of land, other than Federal
lands, except that the term shall not include such minor land dis-
turbing activities as home gardens and individual home landscaping,
repairs and maintenance work.
(b) "Person" means any individual, partnership, firm,
association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility,
cooperative, municipality or other political subdivision of this
State, any interstate body, or any other legal entity.
(c) "State waters" means any and all waters, public or
private, on the surface of the ground, which are contained within,
flow through, or border upon the State of _^ or
any portion thereof.
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(d) "Erosion and sediment control plan" or "plan" means a
plan for the control of soil erosion and sediment resulting from a
land disturbing activity.
(e) "Conservation standards" or "standards" means
standards adopted by the Commission or the districts pursuant to
sections 3 and 4, respectively, of this act.
Section 3. State erosion and sediment control program.
(a) The commission shall, in cooperation with the State
g
Water Quality Control Agency and other appropriate State and
Federal agencies, develop and coordinate a comprehensive state
erosion and sediment control program. To assist in the develop-
ment of such program, the Commission shall name an advisory
board of not less than seven nor more than eleven members, repre-
senting such interests as housing, financing, industry, agriculture,
recreation, and local governments, and their planning, transpor-
tation, health, public works, and zoning commissions or agencies.
(b) To implement this program, the Commission shall
develop and adopt by (date) guidelines for erosion and sediment
control, which guidelines, may be revised from time to time as may
be necessary. Before adopting or revising guidelines the Commission
shall, after giving due notice, conduct public hearings on the
proposed guidelines or proposed change in existing guidelines. The
guidelines for carrying out the program shall:
(1) be based upon relevant physical and developmental
information concerning the watersheds and drainage basins of the
State, including, but not limited to, data relating to land use, soils,
hydrology, geology, size of land area being disturbed, proximate
water bodies and their characteristics, transportation, and public
facilities and services;
(2) include such survey of lands and waters as may
be deemed appropriate by the Commission or required by any
applicable law to identify areas, including multi-jurisdictional and
watershed areas, with critical erosion and sediment problems; and
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(3) contain conservation standards for various
types of soils and land uses, which standards shall include criteria,
techniques, and methods for the control of erosion and sediment
resulting from land disturbing activities.
(c) The program and guidelines shall be made available
for public inspection at the office of the Commission.
Section 4. District erosion and sediment control program.
(a) each district in the State shall, within year(s)
after the adoption of the State guidelines, develop and adopt a soil
erosion and sediment control program consistent with the State
program and guidelines for erosion and sediment control. To
assist in developing its program, each district shall name an
advisory committee of not less than seven nor more than eleven
members representing such interests as housing, financing,
industry, agriculture, recreation, and local governments, and
their planning, transportation, health, public works, and zoning
commissions or agencies. Upon the request of a district the
Commission shall assist in the preparation of the district's program.
Upon adoption of its program, the district shall submit the program
to the Commission for review and approval. If a district fails to
submit a program to the Commission within the period specified
herein, the Commission shall, after such hearings or consultations
as it deems appropriate with the various local interests in the district,
develop and adopt an appropriate program to be carried out by the
district. In areas where there is no district, the Commission
shall designate a local unit of general government such as a county,
municipality, town, parish, borough, or township to develop, adopt
and carry out the erosion and sediment control program and exer-
cise the responsibilities of a district with respect thereto, as pro-
vided in this act.
(b) To carry out its program the district shall, within
year(s) after the program has been approved by the
Commission, establish, consistent with the State program and
guidelines, conservation standards for various types of soils and
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land uses, which standards shall include criteria, guidelines,
techniques, and methods for the control of erosion and sediment
resulting from land disturbing activities. Such conservation
standards may be revised from time to time as may be necessary.
Before adopting or revising conservation standards, the district
shall, after giving due notice, conduct a public hearing on the pro-
posed conservation standards or proposed changes in existing
standards.
(c) The program and conservation standards shall be
made available for public inspection at the principal office of
the district.
Section 5. Prohibited land disturbing activities.
(a) Except as provided in subsection (e) of this section,
no person may engage in any land disturbing activity until he
has submitted to the district a plan for erosion and sediment control
for such land disturbing activity and such plan has been reviewed
and approved by the district, except that (1) when proposed land
disturbing activities are to be performed on State lands or by or
on behalf of a State agency, plans for erosion and sediment control
shall be submitted to the Commission instead of the district for
review and approval, and (2) where land distrubing activities involve
lands in more than one district, plans for erosion and sediment
control may, as an alternative to submission to each district
concerned, be submitted to the Commission for review and approval.
(b) Upon submission of an erosion and sediment control
plan to a district or to the Commission:
(1) the district shall review plans submitted to it
and shall approve any such plan if it determines that the plan
meets the conservation standards of the district, and if the person
responsible for carrying out the plan certifies that he will properly
perform the erosion and sediment control measures included in
the plan and will conform to the provisions of this act;
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(2) the Commission shall review plans submitted to
it and shall approve any such plan if it determines that the plan is
adequate in consideration of the Commission's guidelines and the
conservation standards of the district, or districts, involved, and
if the person responsible for carrying out the plan certifies that he
will properly perform the conservation measures included in the
plan and will conform to the provisions of this act.
(c) When a plan submitted for approval under this section
is found, upon review by a district or the Commission, to be in-
adequate, the district or the Commission, as the case may be,
may require such modifications, terms, and conditions as will
permit approval of the plan.
(d) An approved plan may be changed by the district
which has approved the plan or by the Commission when it has
approved the plan, where:
(1) inspection has revealed the inadequacy of the
plan to accomplish the erosion and sediment control objectives
of the plan, and appropriate modifications to correct the defi-
ciencies of the plan are agreed to by the plan approving authority
and the person responsible for carrying out the plan; or
(2) the person responsible for carrying out the
approved plan finds that because of changed circumstances or
for other reasons the approved plan cannot be effectively carried
out, and proposed amendments to the plan, consistent with the
requirements of this act, are agreed to by the plan approving author-
ity and the person responsible for carrying out the plan.
(e) Any person owning, occupying, or operating private
agricultural and forest lands who has a farm or ranch conservation
plan approved by the district and is implementing and maintaining
such plan with respect to normal agricultural and forestry activities,
or any person whose normal agricultural and forestry practices are in
conformance with the conservation standards established pursuant
to this act, shall not be deemed to be engaged in prohibited land
disturbing activity.
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If there is not available to any such owner, operator, or occupier
at least 50 percent cost-sharing assistance or adequate technical
assistance for the installation of erosion and sediment control
measures required in an approved farm or ranch plan, or for
measures to conform agricultural and forestry practices to con-
servation standards established pursuant to this act, any such
owner, occupier, or operator who shall fail to install erosion
and sediment control measures required in an approved farm or
ranch conservation plan, or to conform his agricultural and forestry
practices to such conservation standards, shall not be deemed to
be engaged in prohibited land disturbing activity subject to penalties
under the act.
Section 6. Approved plan required for issuance of grading,
building, or other permits. No agency authorized under any other
law to issue grading, building, or other permits for activities
involving land disturbing activities may issue any such permits un-
less the applicant therefore submits with his application an erosion
and sediment control plan approved by the district, or by the
Commission where appropriate, and his certification that such
plan will be followed. These requirements are in addition to all
other provisions of law relating to the issuance of such permits
and are not intended to otherwise affect the requirements for such
permits.
Section 7. Monitoring, reports, and inspections.
(a) Land disturbing activities where permit is issued.
With respect to approved plans for erosion and sediment control
in connection with land disturbing activities which involve the
issuance of a grading, building, or other permit, the permit
issuing authority shall provide for periodic inspections of the land
disturbing activity to insure compliance with the approved plan,
and to determine whether the measures required in the plan are
effective in controlling erosion and sediment resulting from the
land disturbing activities.
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Notice of such right of inspection shall be included in the permit.
If the permit issuing authority determines that the permittee has
failed to comply with the plan, the authority shall immediately
serve upon the permittee by registered mail to the address specified
by the permittee in his permit application a notice to comply. Such
notice shall set forth the measures needed to come into compliance
with such plan and shall specify the time within which such measures
shall be completed. If the permittee fails to comply within the time
specified, he shall be deemed to be in violation of this act and upon
conviction shall be subject to the penalties provided by the act.
(b) Other land disturbing activities except agricultural
and forestry operations. With respect to approved plans for
erosion and sediment control in connection with all other land
disturbing activities except agricultural and farming operations,
the district, or the Commission in connection with plans approved
by it, may require of the person responsible for carrying out the
plan such monitoring and reports, and may make such on-site
inspections after notice to the resident owner, occupier, or
operator, as are deemed necessary to determine whether the soil
erosion and sediment control measures required by the approved
plan are being properly performed, and whether such measures
are effective in controlling soil erosion and sediment resulting
from the land disturbing activity. Such resident owner, occupier,
or operator shall be given an opportunity to accompany the inspec-
tors. If it is determined that there is failure to comply with the
approved plan, the district, or the Commission where appropriate,
shall serve upon the person who is responsible for carrying out
the approved plan a notice to comply, setting forth the measures
needed to be taken and specifying the time in which such measures
shall be completed. Such notice shall be by registered mail to
the person responsible for carrying out the plan at the address
specified by him in his certification at the time of obtaining his
approved plan. Upon failure of such person to comply within the
specified period, he will be deemed to be in violation of the act
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and subject to the penalties provided by the act.
(c) Agricultural and forestry operations. With respect
to agricultural and forestry operations, the district shall have
authority to make on-site inspections to determine if the approved
farm or ranch conservation plan is being followed, or, where there
is no such plan, to determine if the agricultural and forestry
practices are being carried out in conformance with conservation
standards established pursuant to this act. On-site inspections
may be made after notice to the resident owner, operator, or
occupier of the land involved, and such person shall be given an
opportunity to accompany the inspector. If such inspections reveal
that an owner, operator, or occupier of agricultural or forestry
lands is not complying with the approved farm or ranch conserva-
tion plan or is not carrying out his agricultural and forestry prac-
tices in conformance with conservation standards established
pursuant to this act, such owner, operator, or occupier shall be
notified by registered mail addressed to him at his usual abode or
customary place of business of the measures needed for compliance.
Such notice shall require that such resident owner, occupier, or
operator shall commence such measures within six months from
the date of the notice and shall complete the same within twelve
months of such date. Upon failure to comply with such notice, the
owner, occupier, or operator will be deemed in violation of this
act and subject to the penalties provided by the act.
Section 8. Cooperation with Federal agencies. The district
and the Commission are authorized to cooperate and enter into
agreements with any Federal agency in connection with plans for
erosion and sediment control with respect to land disturbing activ-
ities on lands which are under the jurisdiction of such Federal
agency.
Section 9. Financial and other assistance. The Commission
and the districts are authorized to receive from Federal, State,
or other public or private sources financial, technical, or other
assistance for use in accomplishing the purposes of this act.
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Section 10. Appeals. Decisions of the districts, the Com-
mission, and the permit issuing authorities under the provisions of
this act shall be subject to review by the court,
provided an appeal is filed within 30 days from the date of any such
decision.
Section 11. Penalties, injunctions and other legal actions.
(a.) A violation under sections 5 or 7 of this act shall be
deemed a misdemeanor and upon conviction shall be subject to a
fine not to exceed five hundred dollars or one year's imprisonment
for each and every violation. Each day the violation continues
shall constitute a separate offense.
(b) The appropriate permit issuing authority, the district,
the Commission, or any aggrieved person who suffers damage or
is likely to suffer damage because of a violation may apply to the
12
court for injunctive relief to enjoin a violation
or threatened violation under sections 5 or 7 of this act.
13
(c) The county attorney shall, upon request of a district
or the permit issuing authority, take legal action to enforce the
provisions of this act. The State attorney general shall, upon
request of the Commission, take appropriate legal action on behalf
of the Commission to enforce the provisions of this act.
Section 12. Appropriation. (Provision should be made for
an appropriation out of funds in the State treasury to finance the
activities authorized by this act. )
Section 13. Separability. If any provision of this act is
held to be unconstitutional or invalid, such unconstitutionality or
invalidity shall not affect the remaining provisions of this act.
Section 14. Effective Date. (Insert effective date of act. )
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FOOTNOTES
Substitute such other designation of the State conserva-
tion districts law as appropriate.
2
Substitute such other designation of the districts under
the State districts law as appropriate.
3
Substitute such other name of State agency having juris-
diction over soil and water conservation districts as
appropriate
4
The title should conform to State requirements. This
title will be appropriate in most States.
5
The form of enacting clause should be supplied in con-
formity with State requirements.
£>
See Note 1 supra.
7
Substitute such other name of the State agency having
jurisdiction over soil and water conservation districts
as appropriate.
o
Substitute such other designation of the districts under
the State districts law as appropriate.
g
Substitute name of State agency having water quality
control responsibilities as appropriate.
Districts laws generally contain a definition of "due
notice. " If the law does not contain such a definition,
one should be included in section 2 of this act.
Insert title of the appropriate court.
12
Insert title of the appropriate court.
13
Insert appropriate local public legal officer.
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EXPLANATORY STATEMENT BY THE CSLC
MODEL STATE LAW FOR SOIL EROSION AND SEDIMENT CONTROL
Soil erosion and sediment controls have long been recognized
as a first line of defense against water and air pollution. Preven-
tative in nature, these controls can, when applied effectively in
urban, suburban and rural areas, materially reduce the scope of
the pollution problem.
For over thirty years, local conservation districts, organ-
ized under State law to promote the wise use, care and management
of the Nation's land, water and related resources and supervised
by a State agency which often has independent responsibilities for
the conservation and management of natural resources, have been
deeply involved in establishing and maintaining erosion and sediment
control measures on agricultural and forest lands. Today, these
same districts, which cover over 98 percent of the privately owned
lands in the Nation, are directing their attention tothe increase in
and acceleration of soil erosion and sediment deposition occasion-
ed by rapid shifts in land uses from agricultural and rural to non-
agricultural and urban uses, by changes in farm and ranch enter-
prises, operations and ownership, by construction of housing,
industrial and commercial developments, streets, highways,
recreation areas, schools and universities, public utilities and
facilities and by other land disturbing activities. Evidence made
available by current research suggests, for example, that sediment
yields in areas undergoing suburban development can be as much
as five to 500 times greater than in rural areas.
The Model Soil Erosion and Sediment Control Law was pre-
pared by a task force acting under a mandate from the Workshop
on Soil Erosion which met in conjunction with the Special Committee
on District Outlook of the National Association of Conservation
Districts on March 15-18, 1972 in Washington, D. C., under the
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auspices of the National Symposium on State Environmental Legis-
lation. The task force was instructed to submit its completed
draft to the Council of State Governments by May I, 1972.
The Model Law is premised on two basic recommendations
agreed to by the Workshop on Soil Erosion. These recommendations
are:
1. Responsibility for an erosion and sediment
control regulatory program should be placed in the con-
servation districts which have the responsibility under
the laws of all fifty States for the control of erosion and
sediment deposition. This responsibility would be in
conjunction with, but would not replace, those State and
local regulatory programs concerned with the quality
of soil and water resources and pollution abatement
activities.
2. Suggested State erosion and sediment control
legislation should be drafted in the form of an amendmpnt
to existing conservation districts' enabling lavs.
The general structure and substantative provisions of the
Model Law reflect with certain minor revisions, the general
principles developed by the Workshop to guide the task force in
preparing draft legislation. The report of the Workshop contain-
ing these principles is set out in full in the section on Background
Material.
The conclusions and recommendations of the Soil Erosion
Workshop were based in part on a paper entitled "Approaches to
Urban and Rural Erosion and Sediment Control--Administrative
and Legislative Actions to Extend State Programs", prepared and
presented by Mary M. Garner, Attorney, Office of thp General
Counsel, U. S. Department of Agriculture. This paper, -which is
also set out in full in the Background Material section, describes
some of the accelerated erosion and sediment control programs
inaugurated by conservation districts under their existing legal
authorities, identifies various types of legislation adopted by the
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States to strengthen State soil erosion and sediment control programs
and contains suggestions for accelerating district erosion and
sediment control programs. These suggestions include a proposal
to amend State soil and water conservation laws similar to the
Model Law.
In carrying out its mandate, the task force critically reviewed
each provision of the Model Law from the standpoint of practicality
and efficacy in achieving the desired objectives of the legislation.
The task force is of the opinion that further comments and sugges-
tions regarding these aspects of the legislation would be particularly
beneficial. Recognizing that any Model Law must be tailored by
each State to comply with its constitutional and statutory require-
ments, the task force has endeavored to set down in as clear and
straightforward a manner as possible the essential requirements
of an effective soil erosion and sediment control law.
Principal authorities and requirements of the Model Law
include:
1. Establishment of a comprehensive State soil
erosion and sediment control program applicable to different
types of land use and soil conditions, with identification of
areas having critical soil erosion and sediment problems;
adoption of statewide guidelines including conservation
standards for the control of erosion and sediment resulting
from land disturbing activities.
2. Establishment of district soil erosion and sediment
control programs and conservation standards consistent
with the State program and guidelines.
3. Prohibition of certain land disturbing activities unless
conducted in accordance with approved soil erosion and
sediment control plans, with special requirements applicable
to land disturbing activities resulting from normal agricultural
and forestry activities.
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4. Use of existing regulatory mechanisms, such as
building, grading and other permits applicable to land dis-
turbing activities, to implement erosion and sediment control
plan requirements.
5. Inspection, monitoring and reporting requirements.
Provision for modification of approved plans by mutual
agreement.
6. Penalties, injunctions and other enforcement provisions.
7. Appropriations to carry out the act.
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BACKGROUND MATERIAL - MODEL STATE ACT
1. Workshop Report on Soil Erosion, National Symposium
on State Environmental Legislation, March 15-18, 1972,
Washington, D. C.
2. "Approaches to Urban and Rural Erosion and Sediment
Control, Administrative and Legislative Actions to
Extend State Programs", by Mary M. Garner, Attorney,
Office of the General Counsel, U. S. Department of
Agriculture.
3. "Community Action Guidebook for Soil Erosion and
Sediment Control" by Mel D. Powell, William C.
Winter, William P. Bodwitch, National Association
of Counties Research Foundation, March 1970.
4. "Controlling Erosion on Construction Sites", U. S.
Department of Agriculture Information Bulletin 347,
December 1970.
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i
THE CLEAN STREAMS LAW
OF
PENNSYLVANIA
INCLUDING
ALL AMENDMENTS
TO THE END OF THE
LEGISLATIVE SESSION
OF 1970
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL RESOURCES
199
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FOREWORD
This publication contains "The Clean Streams Law" as amended
through 1970. An explanation of the administration of the law is
necessary by reason of Act 275, approved December 3, 1970 (House
Bill 2213, Pr. No. 3631) which established the Department of
Environmental Resources effective January 19, 1971-
Act 275 abolished the Sanitary Water Board and the Department
of Mines and Mineral Industries and transferred their duties and
functions under "The Clean Streams Law" to the new department. In
addition to other extensive changes in state government, the Act
also transferred to the new department all of the environmental protection
functions of the Department of Health.
Act 275 also created two departmental boards known as the
Environmental Quality Board, responsible for developing the Common-
wealth's environmental plan and for promulgating rules and regulations
for the new department, and the Environmental Hearing Board, responsible
for holding hearings and issuing adjudications in accordance with rules
of procedure adopted by the Environmental Quality Board. Existing rules
and regulations of the Sanitary Water Board remain in effect until changed
or repealed by the Environmental Quality Board.
An advisory board, known as the Citizens Advisory Council, was
also established in the department and is responsible for rendering
advice to the department and for reviewing and recommending changes
in "The Clean Streams Law" and other environmental laws of the
Commonwealth.
As a result of the foregoing, references in "The Clean Streams
Law" must be interpreted to conform with these changes in governmental
structure. Accordingly, references in the law to the Department of
Health and the Department of Mines and Mineral Industries should be
interpreted as referring to the Department of Environmental Resources;
references to the Sanitary Water Board in its policy or rule making
capacity should be interpreted as referring to the Environmental Quality
Board; references to the Sanitary Water Board in its appellate or
adjudicatory capacity should be interpreted as referring to the
Environmental Hearing Board; and other references to the Sanitary Water
Board should be interpreted as referring to the Department of Environ-
mental Resources.
200
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TABLE OF CONTENTS
Section Page
Number Title of Section Number
ARTICLE I - GENERAL PROVISIONS AND PUBLIC POLICY
1. Definitions 1
2. Interpretation of Act 2
3. Discharge of Sewage and Industrial Wastes Not a
Natural Use 2
4. Declaration of Policy 3
5. Powers and Duties 3
6. Application and Permit Fees 4
7. Administrative Procedure and Judicial Review 4
8. Clean Water Fund 4
ARTICLE II - SEWAGE POLLUTION
201. Prohibition Against Discharge of Sewage 5
202. Sewage Discharges 5
203. Municipal Sewage 6
207. Approval of Plans, Designs, and Relevant Data by the
Sanitary Water Board 7
209. Prohibition Against Discharge of Sewage, et cetera,
After Revocation of Permit 7
210. Duties of Municipalities 7
211. Revenue Bonds 7
212. Issuance and Sale of Revenue Bonds; Maturity; Interest 8
213. Other Methods of Financing Preserved 8
ARTICLE III - INDUSTRIAL WASTES
301. Prohibition Against Discharge of Industrial Wastes 8
303. Information as to Kind and Character of Discharge 9
304. Water Surveys 9
305. Investigations and Research 9
307. Industrial Waste Discharges 9
308. Approval of Plans, Designs, and Relevant Data by the
Department 10
31^. Authorizing Certain Corporations to Acquire Interests
in Land by Eminent Domain 10
315- Operation of Mines ]|
316. Responsibilities of Landowners and Land Occupiers 12
ARTICLE IV - OTHER POLLUTIONS AND POTENTIAL POLLUTION
401. Prohibition Against Other Pollutions 12
402. Potential Pollution 13
201
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THE CLEAN STREAMS LAW
Approved
June 22, 1937, Act 394, P.L. 198?
Amended
May 8, 1945, Act 177, P.L. 435
April 20, 1956, Act 489, P.L. 1479
August 23, 1965, Act 194, P.L. 372
July 31, 1970, Act 222
Entitled
AN ACT
To preserve and improve the purity of the waters of the Commonwealth
for the protection of public health, animal and aquatic life, and
for industrial consumption, and recreation; empowering and directing
the creation of indebtedness or the issuing of non-debt revenue bonds
by political subdivisions to provide works to abate pollution; pro-
viding protection of water supply; providing for the jurisdiction of
courts in the enforcement thereof; providing additional remedies for
abating pollution of waters; imposing certain penalties; repealing
certain acts; regulating discharges of sewage and industrial wastes;
regulating the operation of mines; and placing responsibilities upon
landowners and land occupiers.
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THE CLEAN STREAMS LAW
ARTICLE I
GENERAL PROVISIONS AND PUBLIC POLICY
SECTION 1. DEFINITIONS
Be it enacted, &c., That the following words or phrases, unless
the context clearly indicates otherwise, shall have the meanings
ascribed to them in this section.
"Board" shall be construed to mean the Sanitary Water Board in the
Department of Health, or its duly constituted successor, except for the
purposes of this act, the board shall, in addition to those persons
designated as members by section *»39 of the act of April 9, 1929
(P.L. 177), known as "The Administrative Code of 1929," include as a
member a person designated by the Chairman of the State Soil and Water
Conservation Commission, which person shall have all the rights,
privileges and duties, and shall receive the allowances and reimbursements
established by law for members of the Sanitary Water Board.
"Department" means the Department of Health of the Commonwealth of
Pennsylvania, except that in connection with a matter involving a
bituminous strip mine or a matter involving a coal mine refuse disposal
area, "department" shall mean the Department of Mines and Mineral
Industries of the Commonwealth of Pennsylvania.
"Establishment" shall be construed to include any industrial
establishment, mill, factory, tannery, paper or pulp mill, garage, oil
refinery, oil well, boat, vessel, mine, coal colliery, breaker, coal
processing operation, dredging operations, except where the dredger
holds an unexpired and valid permit issued by the Pennsylvania Water and
Power Resources Board prior to the effective date of this act, quarry, and
each and every other industry or plant or works.
"Industrial waste" shall be construed to mean any liquid, gaseous,
radioactive, solid or other substance, not sewage, resulting from any
manufacturing or industry, or from any establishment, as herein defined,
and mine drainage, silt, coal mine solids, rock, debris, dirt and clay
from coal mines, coal collieries, breakers or other coal processing
operations. "Industrial waste" shall include all such substances whether
or not generally characterized as waste.
"Institution" shall include healing, preventive, mental, health,
educational, correctional and penal institutions, almshouses, and county
and city homes operated by the State, or any political subdivison there-
of, and whose sewage is not admitted to a public sewer system.
"Mine" shall be construed to mean any coal mine, clay mine or other
facility from which minerals are extracted from the earth.
"Municipality" shall be construed to include any county, city,
borough, town, township, school district, institution, or any authority
created by any one or more of the foregoing.
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"Person" shall be construed to include any natural person, partner-
ship, association or corporation. Whenever used in any clause prescribing
and imposing a penalty, or imposing a fine or imprisonment, or both, the
term "person" shall include the members of an association and the officers
of a corporation.
"Pollution" shall be construed to mean contamination of any waters of
the Commonwealth such as will create or is likely to create a nuisance
or to render such waters harmful, detrimental or injurious to public
health, safety or welfare, or to domestic, municipal, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses, or to
livestock, wild animals, birds, fish or other aquatic life, including but
not limited to such contamination by alteration of the physical, chemical
or biological properties of such waters, or change in temperature, taste,
color or odor thereof, or the discharge of any liquid, gaseous, radio-
active, solid or other substances into such waters. The board shall deter-
mine when a discharge constitutes pollution, as herein defined, and shall
establish standards whereby and wherefrom it can be ascertained and
determined whether any such discharge does or does not constitute pollution
as herein defined.
"Sewage" shall be construed to include any substance that contains
any of the waste products or excrementitious or other discharge from the
bodies of human beings or animals.
"Waters of the Commonwealth" shall be construed to include any and
all rivers, streams, creeks, rivulets, impoundments, ditches, water courses,
storm sewers, lakes, dammed water, ponds, springs and all other bodies or
channels of conveyance of surface and underground water, or parts thereof,
whether natural or artificial, within or on the boundaries of this Commonwealth.
SECTION 2. INTERPRETATION OF ACT
A. The provisions of this Act are severable, and if any of its
provisions shall be held unconstitutional, the decision of the
court shall not affect or impair any of the remaining provisions
of this act. It is hereby declared to be the legislative intent
that this act would have been adopted had such unconstitutional
provisions not been included herein.
B. Section headings shall not be taken to govern or limit the scope
of the sections of this act. The singular shall include the
plural, and the masculine shall include the feminine and neuter.
SECTION 3- DISCHARGE OF SEWAGE AND INDUSTRIAL WASTES NOT A NATURAL USE
The discharge of sewage or industrial waste or any substance into the
waters of this Commonwealth, which causes or contributes to pollution as
herein defined or creates a danger of such pollution is hereby declared
not to be a reasonable or natural use of such waters, to be against public
policy and to be a public nuisance.
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SECTION k. DECLARATION OF POLICY
(1) Clean, unpolluted streams are absolutely essential if Penn-
sylvania is to attract new manufacturing industries and to develop
Pennsylvania's full share of the tourist Industry.
(2) Clean, unpolluted water is absolutely essential if Pennsylvanians
are to have adequate out of door recreational facilities in the decades
ahead;
(3) It is the objective of the Clean Streams Law not only to prevent
further pollution of the waters of the Commonwealth, but also to reclaim
and restore to a clean, unpolluted condition every stream in Pennsylvania
that is presently polluted;
(k) The prevention and elimination of water pollution is recognized
as being directly related to the economic future of the Commonwealth; and
(5) The achievement of the objective herein set forth requires a
comprehensive program of watershed management and control.
SECTION 5- POWERS AND DUTIES
(a) The board and the department, in adopting rules and regulations,
in establishing policy and priorities, in issuing orders or permits, and
in taking any other action pursuant to this act, shall, in the exercise
of sound judgment and discretion, and for the purpose of implementing the
declaration of policy set forth in section k of this act, consider, where
applicable, the following:
(1) Water quality management and pollution control in the water-
shed as a whole;
(2) The present and possible future uses of particular waters;
(3) The feasibility of combined or joint treatment facilities;
(A) The state of scientific and technological knowledge;
(5) The immediate and long-range economic impact upon the
Commonwealth and its citizens.
(b) The board shall have the power and its duty shall be to:
(1) Formulate, adopt, promulgate and repeal such rules and
regulations and issue such orders as are necessary to implement the pro-
visions of this act.
(2) Establish policies for effective water quality control and
water quality management in the Commonwealth of Pennsylvania and coordinate
and be responsible for the development and implementation of comprehensive
public water supply, waste management and other water quality plans.
(3) Review all Commonwealth research programs pertaining to
public water supply, water quality control and water quality management:
Provided, however, That this section shall not be construed to limit the
authority of each department to conduct research programs and operations
as authorized by law.
(A) Report from time to time to the Legislature and to the
Governor on the Commonwealth's public water supply and water quality control
program.
(c) The Department of Health shall have the power and its duty shall
be to direct the Commonwealth's water quality control program pursuant to
the provisions of this act and to the rules, regulations and policies
established by the board and it shall provide such administrative services
for the board as the board may require.
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(d) The department shall have the power and its duty shall be to:
(1) Review and take appropriate action on all permit applications
submitted pursuant to the provisions of this act and to issue, modify,
suspend or revoke permits pursuant to this act and to the rules and regulations
of the board. Notwithstanding any provision of this act providing for the
board to issue, modify, suspend or revoke permits, the department may take
such action if authorized to do so by the rules and regulations of the board.
(2) Receive and act upon complaints.
(3) Issue such orders as may be necessary to implement the pro-
visions of this act or the rules and regulations of the board.
(*t) Make such inspections of public or private property as are
necessary to determine compliance with the provisions of this act, and the
rules, regulations, orders or permits issued hereunder.
(5) Report to, and at the direction of, the board.
(6) Perform such other duties as the board may direct.
SECTION 6 APPLICATION AND PERMIT FEES
The department is hereby authorized to charge and collect from persons
and municipalities in accordance with the rules and regulations of the
board reasonable filing fees for applications filed and for permits issued.
SECTION 7. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
(a) Any person or municipality who shall be aggrieved by any action of
the department under this act shall have the right to appeai such action
to the board.
(b) The board may adopt rules and regulations establishing the
procedure for, and limiting the time of, the taking of such appeals. Hear-
ings may be held before one or more members of the board or before a hear-
ing examiner appointed by the board. When a board member serves as a
hearing officer, he shall be entitled to receive ari additional fifty dollars
($50.00) per diem.
(c) The board shall be subject to the provisions of the Administrative
Agency Law, approved June k, 19^5 (P.L. 1388), and its amendments.
SECTION 8. CLEAN WATER FUND
(a) All fines collected under the penal provisions of this act and
all civil penalties collected under section 605 of this act shall be paid
into the Treasury of the Commonwealth in a special fund known as "The
Clean Water Fund," which shall be administered by the Sanitary Water Board
for use in the elimination of pollution.
(b) The department may, pursuant to the rules and regulations
adopted by the board, in the case of a discharge which is authorized only
if pursuant to a permit issued by the department, accept payments which
would be paid into The Clean Water Fund in lieu of requiring the permittee
to construct or operate a treatment facility. Such rules and regulations
allowing such payments shall include the following:
(1) That the department finds that the jse of the funds so
received would provide greater benefit to citizens of the Commonwealth and
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would more appropriately conform to the declarations of policy of this
act than would the construction and operation of a treatment facility.
(2) That in determining the amounts of such payments, the
department shall consider the cost of construction and operation of a
treatment facility, the quantity and quality of the discharge, the effect
of the discharge on waters of the Commonwealth, the period of time for
which the discharge will continue and other relevant factors.
(3) That the permit authorizing the discharge be subject to such
conditions as the department might impose, including conditions relating
to procedures for the effective cessation of any pollutions! discharge upon
closing of the operation.
(k) That allowing the discharge will not adversely affect any
treatment program which is being conducted or is contemplated in the water-
shed in which the discharge is located.
(5) That any such payments accepted in lieu of requiring the
permittee to construct or operate a treatment facility shall be used for
abatement programs or the construction of consolidated treatment facilities
which would be more effective than a larger number of smaller programs
or facilities, and further, that such funds shall be used only for such
projects, including gathering and collection systems, on the watershed or
on the body of water into which such .permittee is discharging.
ARTICLE I I
SEWAGE POLLUTION
SECTION 201. PROHIBITION AGAINST DISCHARGE OF SEWAGE
No person or municipality shall place or permit to be placed, or
discharge or permit to flow, or continue to discharge or permit to flow,
Into any of the waters of the Commonwealth, any sewage, except as herein-
after provided in this act.
SECTION 202. SEWAGE DISCHARGES
No municipality or person shall discharge or permit the discharge of
sewage in any manner, directly or indirectly, into the waters of this
Commonwealth unless such discharge is authorized by the rules and regulations
of the board or such person or municipality has first obtained a permit
from the department. Such permit before being operative shall be recorded
in the office of the recorder of deeds for the county wherein the outlet
of said sewer system is located and in case the municipality or person fails
or neglects to record such permit, the department shall cause a copy
thereof to be so recorded, and shall collect the cost of recording from
the municipality or person. No such permit shall be construed to permit
any act otherwise forbidden by any decree, order, sentence or judgement of
any court, or by the ordinances of any municipality, or by the rules and
regulations of any water company supplying water to the public, or by
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laws relative to navigation. For the purposes of this section, a
discharge of sewage into the waters of the Commonwealth shall incjude
a discharge of sewage by a person or municipality into a sewer system
or other facility owned, operated or maintained by another person or
municipality and which then flows into the waters of the Commonwealth.
A discharge of sewage without a permit or contrary to the terms and
conditions of a permit or contrary to the rules and regulations of the
board is hereby declared to be a nuisance.
SECTION 203. MUNICIPAL SEWAGE
(a) Whether or not a municipality is required by other provisions
of this act to have a permit for the discharge of sewage, if the depart-
ment finds that the acquisition, construction, repair, alteration, com-
pletion, extension or operation of a sewer system or treatment facility
Is necessary to properly provide for the prevention of pollution or
prevention of a public health nuisance, the department may order such
municipality to acquire, construct, repair, alter, complete, extend,
or operate a sewer system and/or treatment facility. Such order shall
specify the length of time, after receipt of the order, within which
such action shall be taken.
(b) The department may from time to time order a municipality to
file a report with the department pertaining to sewer systems or treat-
ment facilities owned, operated, or maintained by such municipality or
pertaining to the effect upon the waters of the Commonwealth of any sewage
discharges originating from sources within the municipality. The report
shall contain such plans, facts, and information which the department
may require to enable it to determine whether existing sewer systems
and treatment facilities are adequate to meet the present and future
needs or whether the acquisition, construction, repair, alteration,
completion, extension, or operation of a sewer system or treatment
facility should be required to meet the objectives of this act. Whether
or not such reports are required or received by the department, the
department may issue appropriate orders to municipalities where such
orders are found to be necessary to assure that there will be adequate
sewer systems and treatment facilities to meet present and future needs
or otherwise to meet the objectives of this act. Such orders may include,
but shall not be limited to, orders requiring municipalities to undertake
studies, to prepare and submit plans, to acquire, construct, repair, alter,
complete, extend, or operate a sewer system or treatment facility, or to
negotiate with other municipalities for combined or joint sewer systems
or treatment facilities. Such orders may prohibit sewer system extensions,
additional connections, or any other action that would result in an increase
in the sewage that would be discharged into an existing sewer system or
treatment faci1i ty.
SECTION 20A. (Repealed)
SECTION 205- (Repealed)
SECTION 206. (Repealed)
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SECTION 207. APPROVAL OF PLANS, DESIGNS, AND RELEVANT DATA BY THE
SANITARY WATER BOARD
All plans, designs, and relevant data for the construction of any
new sewer system, or for the extension of any existing sewer system, by
a municipality, or for the erection, construction, and location of any
treatment works or intercepting sewers by a person or municipality,
shall be submitted to the board for its approval before the same are
constructed or erected or acquired. Any such construction or erection
which has not been approved by the board by written permit, or any
treatment works not operated or maintained in accordance with the
rules and regulations of the board, is hereby also declared to be a
nuisance and abatable as herein provided.
SECTION 208. (REPEALED)
SECTION 209- PROHIBITION AGAINST DISCHARGE OF SEWAGE, ET CETERA,
AFTER REVOCATION OF PERMIT
On the expiration of the period of time prescribed, after the
service of a notice of revocation, modification or change of any such
permit from the board, the discharge of sewage into any waters of the
Commonwealth or treated sewage from treatment works shall cease and
terminate, and the prohibition of this act against such discharge or
treatment shall be in full force as though no permit has been granted,
but a new permit may thereafter again be granted, as hereinbefore
provided. A continuation of the discharge of sewage or the treatment of
sewage after revocation, or in violation of any modification and change
of any such permit, is hereby also declared to be a nuisance, and shall
be punishable and abatable, as herein provided.
SECTION 210. DUTIES OF MUNICIPALITIES
It shall be the duty of the corporate authorities of a municipality
upon whom an order is issued pursuant to section 203 of this act to
proceed diliquently in compliance with such order. If the corporate auth-
orities fail to proceed diligently, or if the municipality fails to comply
with the order within the specified time, the corporate authorities shall
be guilty of comtempt and shall be punished by the court in an appropriate
manner and, for this purpose, application may be made by the Attorney
General to the Court of Common Pleas of Dauphin County, until such time
as the Commonwealth Court comes into existence and thereafter the Common-
wealth Court instead of said Court of Common Pleas of Dauphin County, or
to the court of common pleas of the county wherein the municipality is
situated, which courts are hereby given jurisdiction.
SECTION 211. REVENUE BONDS
For the purpose of financing the cost and expense, or its share of
the cost and expense, of constructing or acquiring or extending any
sewer, sewer system or sewage treatment works, either singly or jointly
with other municipalities, a municipality may issue non-debt revenue bonds
secured solely by a pledge, in whole or in part, of the annual rentals
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or charges imposed for the use of such sewer, sewer system or sewage
treatment works. Said bonds shall not pledge the credit, nor create
any debt, nor be a charge against the general revenues, nor be a lien
against any property of the municipality, but shall be a lien upon and
payable solely from the annual rentals or charges for the use of the
sewer, sewer system or sewage treatment works.
SECTION 212. ISSUANCE AND SALE OF REVENUE BONDS; MATURITY; INTEREST
When a municipality shall issue any non-debt revenue bonds, the
corporate authorities thereof shall sell the same to the highest bidder
after public notice by advertisement once a week for three weeks, in at
least one newspaper of general circulation, published in the municipality
or the county in which the municipality is situate. Where bonds shall be
advertised for sale as herein provided, and no bids shall have been
received, then it shall be lawful for such municipality to sell the same
at private sale for not less than par and accrued interest.
All such bonds shall be payable in not more than thirty years from
the date of their issue, shall be issued in series payable in equal
annual installments, and shall bear interest at a rate not exceeding six
per centum per annum.
SECTION 213. OTHER METHODS OF FINANCING PRESERVED
Anything in this act to the contrary notwithstanding, any munici-
pality shall have power to issue bonds, revenue certificates or other obii
gat ions to finance, in whole or in part, the carrying out of any order or
direction of the board without regard to the restrictions, limitations or
provisions of this act relating to the issuance of bonds, revenue certifi-
cates or other obligations: Provided, That such bonds, revenue certifi-
cates or other obligations are issued by the municipality in accordance
with the provisions of any other law. This act shall be construed to
provide an alternative method for the issuance of bonds, revenue
certificates or other obligations by a municipality, and not an exclusive
method therefor.
ARTICLE III
INDUSTRIAL WASTES
SECTION 301. PROHIBITION AGAINST DISCHARGE OF INDUSTRIAL WASTES
No person or municipality shall place or permit to be placed,
or discharged or permit to flow, or continue to discharge or permit to
flow, into any of the waters of the Commonwealth any industrial wastes,
except as hereinafter provided in this act.
SECTION 302. (Repealed)
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SECTION 303. INFORMATION AS TO KIND AND CHARACTER OF DISCHARGE
Every person who, on the effective date of this act, shall be dis-
charging or permitting to be discharged or has an establishment tempo-
rarily closed which, in the future, may discharge or permit to be
discharged, any industrial waste into the waters of the Commonwealth, shall
file with the board within ninety days after the effective date of this
act, on forms prepared and supplied by the board, such information, under
oath, as the board may require with regard to such industrial waste, in-
cluding the kind, characteristics, and rate of flow thereof, and concerning
the treatment works, if any, either in operation or in contemplation. It
shall be the duty of such persons to apply to the board for the forms
necessary to comply with this provision. The falsity of any of the infor-
mation thus supplied is hereby declared to be perjury and punishable as
such.
SECTION 30A. WATER SURVEYS
The board shall have power to make a complete survey of the waters
of the Commonwealth in order to ascertain the extent of pollution in each
of said waters, and the remedies to be employed to purify said waters. It
shall have power to adopt, prescribe, and enforce such rules and regula-
tions, not inconsistent with this act, as may be deemed necessary for the
protection of the purity of the waters of the Commonwealth, or parts
thereof, and to purify those now polluted, and to assure the proper and
practical operation and maintenance of treatment works approved by it.
A violation of which rules and regulations, after notice, shall also
constitute a nuisance under this act.
SECTION 305. INVESTIGATIONS AND RESEARCH
In addition to any powers now possessed, the board shall investi-
gate and ascertain, as far as practicable, all facts in relation to the
pollution of the waters of the Commonwealth by industrial waste. Its
agents may enter upon lands, buildings, and premises as may be neces-
sary for its investigations. It shall conduct scientific experiments and
researches under its personal supervision or in colleges and universities
for the purpose of ascertaining reasonable and practical means for the
treatment of industrial waste, so that when the same has been treated the
effluent thereof, when discharged into the waters of the Commonwealth,
shall not be injurious to the public health or to animal or aquatic life,
or prevent the use of the water for domestic, industrial or recreational
purposes.
SECTION 306. (REPEALED)
SECTION 307- INDUSTRIAL WASTE DISCHARGES
No person or municipality shall discharge or permit the discharge
of industrial wastes in any manner, directly or indirectly, into any of
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the waters of the Commonwealth unless such discharge is authorized by the
rules and regulations of the board or such person or municipality has
first obtained a permit from the Department. For the purposes of this
section, a discharge of industrial wastes into the waters of the
Commonwealth shall include a discharge of industrial wastes by a person
or municipality into a sewer system or other facility owned, operated
or maintained by another person or municipality and which then flows
into the waters of the Commonwealth. Public notice of every application
for a permit under this section shall be given by no:ice published 5n
a newspaper of general circulation, published in the county where the
permit is applied for, once a week for four weeks. A discharge of
industrial wastes without a permit or contrary to the terms and conditions
of a permit or contrary to the rules and regulations of the board is
hereby declared to be a nuisance.
SECTION 308. APPROVAL OF PLANS, DESIGNS, AND RELEVANT DATA BY THE
DEPARTMENT
All plans, designs, and relevant, data for.the erection and construc-
tion of treatment works by any person or municipality for the treatment
of industrial wastes shall be submitted to the department for its approval
before the works are constructed or erected. Any such construction or
erection which has not been approved by the department by written permit,
or any treatment works not maintained or operated in accordance with the
rules and regulations of the board, is hereby declared to be a nuisance.
SECTION 309- (REPEALED)
SECTION 310. (REPEALED)
SECTION 311. (REPEALED)
SECTION 312. (REPEALED)
SECTION 313- (REPEALED)
SECTION 3l*». AUTHORIZING CERTAIN CORPORATIONS TO ACQUIRE INTERESTS IN
LAND BY EMINENT DOMAIN
Whenever the Sanitary Water Board shall direct any corporation to
cease discharging industrial waste into any waters of the Commonwealth,
pursuant to the public policy set forth in this act, and such directive
would materially affect the operations of that corporation's business,
then such corporation if not otherwise vested with the right of eminent
domain may make application to the board for an order, finding that the
use by the applicant of a specified interest in a specifically described
piece of land is necessary in connection with the elimination, reduction
or control of the pollution of any of the waters of this Commonwealth.
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For the purposes of this act, such corporations are vested with the
right of eminent domain which shall be exercised only upon author-
ization of the board, in which event they shall proceed in the manner
and form set forth in the "Eminent Domain Code," act of June 22, 196^
(P.L. 8k), as amended: Provided, That no property devoted to a public
use or owned by a public utility or used as a place of public worship
or used for burial purposes shall be taken under the right of eminent
domain: And provided further, That where any existing public street
or road is vacated by any municipality in order to facilitate any undertaking
in connection with land acquired under the right of eminent domain as
provided for above, the corporation acquiring such land shall reimburse
all public utilities, municipalities and municipality authorities for
the cost of relocating and reconstructing their facilities necessitated
by the closing of any such street or road.
In the event the application by the corporation to the board is
denied, then the corporation so applying may appeal to the court of common
pleas in the county where the specified land in which the specified
interest is sought to be obtained by eminent domain is situated, and the
court shall be empowered to review all questions of fact as well as of
law.
SECTION 315- OPERATION OF MINES
(a) No person or municipality shall operate a mine or allow a
discharge from a mine into the waters of the Commonwealth unless such
operation or dishcarge is authorized by the rules and regulations of the
board or such person or municipality has first obtained a permit from
the department. Operation of the mine shall include preparatory work in
connection with the opening or reopening of a mine, backfilling, sealing,
and other closing procedures, and any other work done on land or wate,r in
connection with the mine. A discharge from a mine shall include a dis-
charge which occurs after mining operations have ceased, provided that the
mining operations were conducted subsequent to January 1, 1966, under
circumstances requiring a permit from the Sanitary Water Board under the
provisions of section 315 (b) of this act as it existed under the amendatory
act of August 23, 1965 (P.L. 372). The operation of any mine or the
allowing of any discharge without a permit or contrary to the terms or
conditions of a permit or contrary to the rules and regulations of the
board, is hereby declared to be a nuisance. Whenever a permit is requested
to be issued pursuant to this subsection, and such permit is requested for
permission to operate any mining operations, the city, borough, incorporated
town or township in which the operation is to be conducted shall be
notified by registered mail of the request, at least ten days before the
issuance of the permit or before a hearing on the issuance, whichever is
fi rst.
(b) The department may require an applicant for a permit to operate
a mine, or a permittee holding a permit to operate a mine under the
provisions of this section, to post a bond or bonds in favor of the Common-
wal th of Pennsylvania and with good and sufficient sureties acceptable
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to the department to insure that there will be compliance with the law,
the rules and regulations of the board, and the provisions and conditions
of s'uch permit Including conditions pertaining to restoration measures or
other provisions insuring that there will be no polluting discharge
after mining operations have ceased. The department shall establish the
amount of the bond required for each operation and may, from time to time,
increase or decrease such amount. Liability under each bond shall continue
until such time as the department determines that there is no further
significant risk of a pollutional discharge. The failure to post a bond
required by the department shall be sufficient cause for withholding the
issuance of a permit or for the revocation of an existing permit.
SECTION 316. RESPONSIBILITIES OF LANDOWNERS AND LAND OCCUPIERS
Whenever the Sanitary Water Board finds that pollution or a danger of
pollution is resulting from a condition which exists on land in the Common-
wealth the board may order the landowner or occupier to correct the
condition in a manner satisfactory to the board or it may order such owner
or occupier to allow a mine operator or other person or agency of the
Commonwealth access to the land to take such action. For the purpose of this
section, "landowner" includes any person holding title to or having a
proprietary interest in either surface or subsurface rights.
For the purpose of collecting or recovering the expense involved in
correcting the condition, the board may assess the amount due in the same
manner as civil penalties are assessed under the provisions of section 605
of this act: Provided, however, That if the board finds that the condition
causing pollution or a danger of pollution resulted from mining operations
conducted prior to January 1, 1966, or, if subsequent to January 1, 1966,
under circumstances which did not require a permit from the Sanitary Water
Board under the provisions of section 315 (b) of this act as it existed
under the amendatory act of August 23, 1965 (P.L. 372), then the amount
assessed shall be limited to the increase in the value of the property as a
result of the correction of the condition.
If the board finds that the pollution or danger of pollution results
from an act of God in the form of sediment from land for which a complete
conservation plan has been developed by the local soil and water conservation
district and the Soil Conservation Service, U.S.D.A. and the plan has been
fully implemented and maintained, the landowner shall be excluded from the
penalties of this act.
SECTION 317. (REPEALED)
ARTICLE IV
OTHER POLLUTIONS AND POTENTIAL POLLUTION
SECTION J»OI. PROHIBITION AGAINST OTHER POLLUTIONS
It shall be unlawful for any person or municipality to put or place into
any of the waters of the Commonwealth, or allow or permit to be discharged
from property owned or occupied by such person or municipality into any
of the waters of the Commonwealth, any substance of any kind or character
resulting in pollution as herein defined. Any such discharge is
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hereby declared to be a nuisance.
SECTION 402. POTENTIAL POLLUTION
(a) Whenever the board finds that any activity, not otherwise requir-
ing a permit under this act, inlcuding but not limited to the impounding,
handling, storage, transportation, processing or disposing of materials or
substances, creates a danger of pollution of the waters of the Commonwealth
or that regulation of the activity is necessary to avoid such pollution,
the board may, by rule or regulation, require that such activity be conduct-
ed only pursuant to a permit issued by the department or may otherwise
establish the conditions under which such activity shall be conducted, or
the board may issue an order to a person or municipality regulating a
particular activity. Rules and regulations adopted by the board pursuant
to this section shall give the persons or municipalities affected a reason-
able period of time to apply for and obtain any permits required by such
rules and regulations.
(b) Whenever a permit is required by rules and regulations issued
pursuant to this section, it shall be unlawful for a person or municipality
to conduct the activity regulated except pursuant to a permit issued by
the department. Conducting such activity without a permit, or contrary
to the terms or conditions of a permit or conducting an activity contrary
to the rules and regulations of the board or conducting an activity con-
trary to an order issued by the department, is hereby declared to be a
nuisance.
SECTION 403. (REPEALED)
ARTICLE V
DOMESTIC WATER SUPPLIES
SECTION 501. PROTECTION OF DOMESTIC WATER SUPPLIES
In addition to the powers and authority hereinbefore granted, power
and authority is hereby conferred upon the board, after due notice and
public hearing, to make, adopt, promulgate, and enforce reasonable orders
and regulations for the protection of any source of water, approved by the
Commissioner of Health or the Department of Health, for present or future
supply to the public, and prohibiting the pollution of any such source of
water, so approved, rendering the same inimical or injurious to the
public health or objectionable for public water supply purposes.
SECTION 502. PENALTY
Any person violating any of said orders and regulations of the board,
or refusing or omitting to comply with any direction or stipulation of
the Secretary of Health made in accordance with said orders and regulations
after thrity days' notice therof, shall, upon conviction in a summary
proceeding, be sentenced to pay a fine of not less than one hundred dollars
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nor more than five hundred dollars, and, in default of the payment of such
fine and costs of prosecution, the person, or if such person be an
association or copartnership, then the members thereof, or if such person
be a corporation, then the officers thereof, shall be imprisoned in the
county jail for a period of sixty days.
Any person who shall continue to violate the orders and regulations
of the board, or refuse or omit to comply with any direction or stipulation
of the Secretary of Health, after conviction in a summary proceeding, as
above provided, shall be guilty of a misdemeanor, and, upon conviction
thereof in the court of quarter sessions, shall be sentenced to pay a fine
of not less than five hundred dollars nor more than one thousand dollars,
and the person, or if such person be an association or copartnership, then
the members thereof, or if such person be a corporation, then the officers
thereof, shall be imprisoned in the county jail for a period of not less
than three months nor more than one year.
SECTION 503. PUBLIC NUISANCES
A violation of the orders and regulations adopted by the board,
pursuant to section five hundred and one of this act, shall constitute a
nuisance, and whenever such a pollution shall be maintained or continued
contrary to such orders and regulations, the same may be abatable in the
manner provided by this Act.
ARTICLE VI
PROCEDURE AND ENFORCEMENT
SECTION 601. ABATEMENT OF NUISANCES; RESTRAINING VIOLATIONS
(a) Any activity or condition declared by this act to be a nuisance,
shall be abatable in the manner provided by law or equity for the abatement of
public nuisances. In addition, suits to abate such nuisances or suits to
restrain or prevent any violation of this act may be instituted in equity
or at law in the name of the Commonwealth upon relation of the Attorney
General, or upon relation of any district attorney of any county, or
upon relation of the solicitor of any municipality affected, after notice
has first been served upon the Attorney General of the intention of the
district attorney or solicitor to so proceed. Such proceedings may be
prosecuted in the Commonwealth Court, or in the court of common pleas of
the county where the activity has taken place, the condition exists, or
the public affected, and to that end jurisdiction is hereby conferred in
law and equity upon such courts: Provided, however, That no action shall
be brought by such district attorney or solicitor against any municipality
discharging sewage under a permit of the board heretofore issued or
hereafter issued under this act: And provided further, That, except in
cases of emergency where, in the opinion of the court, the exigencies of
the cases require immediate abatement of said nuisances, the court may,
in its decree, fix a reasonable time during which the person or munici-
pality responsible-for the nuisances may make provision for the abatement
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of the same.
(b) In cases where the circumstances require it or the public
health is endangered, a mandatory preliminary injunction or special
injunction may be issued upon the terms prescribed by the court,
notice of the application therefor having been given to the defendant
in accordance with the rules of equity practice, and in any such case
the Attorney General, the district attorney or the solicitor of any
municipality shall not be required to give bond.
SECTION 602. PENALTIES
(a) Any person or municipality who violates any provision of this
act or any rule or regulation or order of the board or any order of the
department issued pursuant to this act is guilty of a summary offense
and, upon conviction, shall be subject to a fine of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000) for
each separate offense, and, in default of the payment of such fine, the
person, or if such person be a partnership, then the members thereof,
or if such person be a corporation or association, then the officers,
members, agents, servants or employes thereof, shall be imprisoned in
the county jail for a period of sixty days.
(b) Any person or municipality who, after a conviction in a
summary proceeding within two years as above provided, violates any
provision of this act or any rule or regulation or order of the
board or any order of the department issued pursuant to this act is
guilty of a misdemeanor and, upon conviction, shall be subject to a
fine of not less than one hundred dollars ($100) nor more than five
thousand dollars ($5,000) for each separate offense or to imprisonment
in the county jail for a period of not more than one year, or both. In
the case of a partnership the members thereof, and in the case of a
corporation or an association the officers, members, agents, servants
or employes thereof, may be subject to any such sentence of imprisonment.
(c) Each day of continued violation of any provision of this
act or any rule or regulation or order of the board or any order of the
department issued pursuant to this act shall constitute a separate
offense under subsections (a) and (b) of this section.
SECTION 603- SUMMARY PROCEEDINGS
All summary proceedings under the provisions of this act may be
brought before any magistrate, alderman or justice of the peace of the
county where the offense occurred or the unlawful discharge of sewage,
industrial waste or pollution was maintained, or in the county where
the public is affected, and to that end jurisdiction is hereby conferred
upon said magistrates, aldermen or justices of the peace, subject to
appeal by either party in the manner provided by law. In the case of
any appeal from any such conviction in the manner provided by law for
appeals from summary conviction, it shall be the duty of the district
attorney of the county to represent the interests of the Commonwealth.
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SECTION 6Qk. COMPLAINTS; INVESTIGATIONS
Upon complaint made In writing by any responsible person to the
board, it shall be the duty of the board through.its agents to investigate
any alleged source of pollution of the waters of the Commonwealth, and to
institute appropriate proceedings under the provisions of this act to
discontinue any such pollution if the offense complained of constitutes
a violation of the provisions of this act.
SECTION 605. CIVIL PENALTIES
In addition to proceeding under any other remedy available at law or
in equity for a violation of a provision of this act or a rule or
regulation of the board or an order of the department, the board, after
hearing, may assess a civil penalty upon a person or municipality for
such violation. Such a penalty may be assessed whether or not the
violation was wilful. The civil penalty so assessed shall not exceed ten
thousand dollars ($10,000), plus five hundred dollars ($500) for each
day of continued violation. In determining the amount of the civil penalty
the board shall consider the wilfulIness of the violation, damage or injury
to the waters of the Commonwealth or their uses, cost of restoration, and
other relevant factors. It shall be payable to the Commonwealth of Penn-
sylvania and shall be collectible in any manner provided at law for the
collection of debts. If any person liable to pay any such penalty neglects
of refuses to pay the same after demand, the amount, together with interest
and any costs that may accrue, shall be a lien in favor of the Commonwealth
upon the property, both real and personal, of such person but only after
same has been entered and docketed of record by the prothonotary of the
county where such is situated. The board may, at any time, transmit to
the prothonotaries of the respective counties certified copies of al) such
liens, and it shall be the duty of each prothonotary to enter and docket
the same of record in his office, and to index the same as judgments are
indexed, without requiring the payment of costs as a condition precedent
to the entry thereof.
SECTION 606. PROCEEDINGS WHERE WATERS POLLUTED FROM MANY SOURCES
Nothing contained in the laws of the Commonwealth shall estop the
board from proceeding under the provisions of this act against any
particular municipality or person discharging sewage or industrial wdste
or other noxious or deleterious substance into the waters of the Commonwealtn
even though said waters are, at the time, polluted from other sources.
SECTION 607. PUBLIC RECORDS; EVIDENCE
All papers, records, and documents of the board, and applications
for permits pending before the board, shall be public records open to
inspection during business hours, and copies of all such public records
and the rules and regulations of the board, certified by the Secretary of
Health, shall be received in evidence in all courts and elsewhere.
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SECTION 608. EXISTING RULES, REGULATIONS, AND ORDERS
All rules and regulations heretofore adopted by the board and all
orders made and actions taken by the board or the Secretary of Health
under the provisions of law repealed by this act, shall continue in
force with the same effect as if such laws had not been repealed, sub-
ject, however, to modification, change or annulment, as may be deemed
necessary by the board, in order to comply with the provisions of this
act.
SECTION 609. WITHHOLDING OF PERMIT
The department may withhold the issuance of any permit required by
this act when the applicant has been found to be in violation of any
relevant provision of this act, or of any relevant rule, regulation or
order of the board, or of any relevant order of the department, and that
the said violation demonstrates a lack of ability or intention on the
part of the applicant to comply with the law or with the conditions of the
permit sought. In such case, the department shall forthwith notify the
applicant in writing of the grounds for withholding issuance of the
permit, setting forth in reasonable detail the nature of the violation
and affording the applicant a prompt opportunity to appear before the
board and be heard. Should the applicant wish to do so, he may offer
evidence of his ability and intention to comply with the provisions of
this act and the rules, regulations and orders of the board and of the
conditions of the permit notwithstanding such violation, and should the
department be satisfied, it may in its discretion grant said permit under
such terms and conditions as it may deem necessary.
SECTION 610. ENFORCEMENT ORDERS
The department may issue such orders as are necessary to aid in the
enforcement of the provisions of this act. Such orders shall include,
but shall not be limited to, orders modifying, suspending or revoking
permits and orders requiring persons or municipalities to cease
operations of an establishment which, in the course of its operation,
has a discharge which is in violation of any provision of this act. Such
an order may be issued if the department finds that a condition existing
in or on the operation involved is causing or is creating a danger of
pollution of the waters of the Commonwealth, or if it finds that the
permittee, or any person or municipality is in violation of any relevant
provision of this act, or of any relevant rule, regulation or order of
the board or relevant order of the department: Provided, however,
That an order affecting an operation not directly related to the condition
or violation in question, may be issued only if the department finds that
the other enforcement procedures, penalties and remedies available under
this act would probably not be adequate to effect prompt or effective
correction of the condition or violation. The department may, in its
order, require compliance with such conditions as are necessary to
prevent or abate pollution or effect the purposes of this act. An order
issued under this section shall take effect upon notice, unless the
order specifies otherwise. An appeal to the board of the department's
order shall not act as a supersedeas: Provided, however, That, upon
application and for cause shown, the board or the Commonwealth Court may
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issue such a supersedeas. The right of the department to issue an order
under this section is in addition to any penalty which may be imposed
pursuant to this, act. The failure to comply with any such order is hereby
declared to be a nuisance.
ARTICLE VII
SCOPE AND PURPOSE
SECTION 701. EXISTING RIGHTS AND REMEDIES PRESERVED
The collection of any penalty under the provisions of this act
shall not be construed as estopping the Commonwealth, or any district
attorney or solicitor of a municipality, from proceeding in courts of
law or equity to abate pollutions forbidden under this act, or abate
nuisances under existing law. It is hereby declared to be the purpose
of this act to provide additional and cumulative remedies to abate the
pollution of the waters of this Commonwealth, and nothing in this act con-
tained shall in any way abridge or alter rights of action or remedies
now or hereafter existing in equity, or under the common law or statutory
law, criminal or civil, nor shall any provision in this act, or the
granting of any permit under this act, or any act done by virtue of this
act, be construed as estopping the Commonwealth, persons or municipalities,
in the exercise of their rignts under the common law or decisional law or
in equity, from proceeding in courts of law or equity to suppress nuisances,
or to abate any pollution now or hereafter existing, or enforce common law
or statutory rights.
ARTICLE VIII
REPEALER
SECTION 801. REPEAL
The following acts and parts of acts of Assembly are hereby repealed:
Sections four, five, six, seven, eight, nine, ten, and eleven of an
act, approved the twenty-second day of April, one thousand nine hundred
and five (Phamphlet '^ws, two hundred sixty), entitled "An act to preserve
the purity of th = w«*t«rs of the State for the protection of the public
health."
The act approver the fourteenth day of June, one thousand nine
hundred and twenty-tnree (Phamphlet Laws, seven hundred ninety-three),
entitled "An act to preserve the purity of the sources of public water
supplied hereafter approved; authorizing the Advisory Board of the
Department of Health to make orders and regulations therefor, and the
Commissioner of Health to enforce the same; providing penalties for violation
thereof, and for abatement of nuisances by injunction."
All other acts and parts of acts inconsistent with the provisions of
this act are hereby repealed.
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ARTICLE IX
SHORT TITLE
SECTION 901. SHORT TITLE
This act shall be known and may be cited as "The Clean Streams Law."
ARTICLE X
SEVERABILITY CLAUSE
SECTION 1001. SEVERABILITY CLAUSE
The provisions of this act shall be severable. If any provision of
this act is found by a court of record to be unconstitutional and void,
the remaining provisions of the act shall, nevertheless, remain valid
unless the court finds the valid provisions of the act are so essentially
and inseparably connected with, and so depend upon, the void provision,
that it cannot be presumed the legislature would have enacted the remain-
ing valid provisions without the void ones; or unless the court finds
the remaining valid provisions standing alone, are iincomplete and are
incapable of being executed in accordance with the legislative intent.
Note - Section 18 of the Act of July 31, 1970, (Act 222) provided:
"All rules, regulations, orders and permits, heretofore adopted or
issued by the Sanitary Water Board or the Department of Health of
the Commonwealth of Pennsylvania under the provisions of law repealed
by this act, shall continue in force with the same effect as if such
provisions of law had not been repealed subject, however, to such
modification, change or annulment as may be deemed necessary by the
Sanitary Water Board of the Department of Health or the Department
of Mines and Mineral Industries in order to comply with the provisions
of this act."
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TITLE 25. RULES AND REGULATIONS
PART I. DEPARTMENT OF ENVIRONMENTAL RESOURCES
TRANSMITTAL SHEET NO. 8 j:f
November 1972
Transmitted herewith are additional or substitute pages to the Rules and Regulations
of the Department of Environmental Resources, identified by the month and year of
revision, which contain additions or amendments as a result of the action taken by the
Environmental Quality Board. The nature of the changes may be determined by comparing
the old and new texts.
Section
Affected
Chapter 102
§§ 102.10-102.61
Action
Taken
Added
Date of
Adoption
9/21/72
Effective
Date
10/21/72
Pa. Bulletin
Citation
1 Pa.B. 1796
Instructions
Insert the attached pages
102.1 - 102.5
Note
File this transmittal sheet at the front of the Rules and Regulations of the Department
(Part I) and retain prior transmittal sheets. It provides a reference authority for changes,
a method for determining that all amendments have been received, and a check for
determining if the Rules and Regulations contain the proper pages. Additional information
may be obtained from the Bureau of Legal Services, Department of Environmental
Resources, 219 Towne House, P.O. Box 2063, Harrisburg, PA 17105 (Telephone Area
Code 717 787-1956).
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TITLE 25. RULES AND REGULATIONS
PART I. DEPARTMENT OF ENVIRONMENTAL RESOURCES
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE II. WATER RESOURCES
CHAPTER 102. EROSION CONTROL
Authority
The provisions of this Chapter 102 issued under act of June 22, 1937, P.L. 1987,
§ § 5 and 402 (35 P.S. § § 691.5 and 691.402).
Source
The provisions of this Chapter 102 adopted September 21, 1972.
GENERAL PROVISIONS
§ 102.10. Purpose.
The purpose of this Chapter is to control accelerated erosion and the resulting
sedimentation of waters of this Commonwealth thereby preventing the pollution of such
waters from sediment and from fertilizers, pesticides and other polluting substances carried
by sediment.
§ 102.11. Scope.
The provisions of this Chapter impose requirements on earthmoving activities which
create accelerated erosion or a danger of accelerated erosion and which require planning
and implementation of effective soil conservation measures.
§ 102.13. Definitions.
The following words and terms, when used in this Chapter, shall have the following
meanings, unless the context clearly indicates otherwise:
(1) Accelerated erosion - The removal of the surface of the land through
the combined action of man's activities and the natural processes at a rate greater than
would occur because of the natural process alone.
(2) Department - The Department of Environmental Resources of the
Commonwealth.
(3) Diversion terrace - A channel or dike constructed up slope of a project
for the purpose of diverting storm water away from the unprotected slope.
(4) Earthmoving activity - Any construction or other activity which disturbs
the surface of the land including, but not limited to, excavations, embankments, land
development, subdivision development, mineral extraction and the moving, depositing or
storing of soil, rock or earth.
(5) Embankment or fill - A deposit of soil, rock, or other material placed
by man.
(6) Erosion - The natural process by which the surface of the land is worn
away by the action of water, wind or chemical action.
(7) Excavation - A cavity formed by digging, quarrying, uncovering, displacing,
or relocating soil or rock.
(8) Interceptor channel - A channel or dike contructed across a slope for
the purpose of intercepting storm water, reducing the velocity of flow, and diverting it
to outlets where it can be disposed.
(9) Land developer - Any person who is engaged in land development as
the principal rather than an agent or contractor.
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(10) Land development - The constructing, installing, placing, planting, or
building of surface structures, utility lines, shopping centers and malls, golf courses,
apartment complexes, schools, roads, highways, parking areas or any other similar activity.
(11) Sediment - Soils or other surficial materials transported by surface water
as a product of erosion.
(12) Sedimentation - The process by which sediment is deposited on stream
bottoms.
(13) Stabilization - The proper placing, grading and/or covering of soil, rock
or earth to insure their resistance to erosion, sliding, or other movement.
(14) Subdivision - The division or redivision of a lot, tract, or parcel of land
by any means into two or more lots, tracts, parcels or other division of land including
changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer
of ownership or building or lot development.
§ 102.14. General Requirement.
All earthmoving activities within this Commonwealth shall be conducted in such a
way as to prevent accelerated erosion and the resulting sedimentation. To accomplish
this, all persons engaged in earthmoving activities shall design, implement and maintain
erosion and sedimentation control measures which effectively prevent accelerated erosion
and sedimentation. These erosion and sedimentation measures must be set forth in a
plan as described in § 102.15 of this Title and must be available at all times at the
site of the activity. The Department or its designee may, at its discretion, require this
plan to be filed with the Department or its designee.
§ 102.15. Erosion and Sedimentation Control Plan.
(a) The erosion and sedimentation control plan shall be prepared by a person trained
and experienced in erosion and sedimentation control methods and techniques.
(b) The erosion and sedimentation control plan shall be designed to prevent
accelerated erosion and sedimentation and shall consider all factors which contribute to
erosion and sedimentation including, but not limited to, the following:
(0 The topographic features of the project area.
(ii) The types, depth, slope, and areal extent of the soils.
(iii) The proposed alteration to the area.
(iv) The amount of runoff from the project area and the upstream
watershed area.
(v) The staging of earthmoving activities.
(vi) Temporary control measures and facilities for use during
earthmoving.
(vii) Permanent control measures and facilities for long term
protection; and
(viii) A maintenance program for the control facilities including disposal
of materials removed from the control facilities or project area.
EROSION AND SEDIMENTATION CONTROL
MEASURES AND FACILITIES
§ 102.21. General Requirement.
The erosion and sedimentation control facilities set forth in § § 102.22 and 102.23
of this Title (relating to control measures and facilities) shall be appropriately incorporated
into all earthmoving activities unless the designer of the erosion and sedimentation control
plan shows that alteration of these measures and facilities or inclusion of other measures
and facilities will prevent accelerated erosion and sedimentation.
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§ 102.22. Control Measures.
(a) Limiting exposed areas. All earthmoving activities shall be planned in such a
manner as to minimize the areal extent of disturbed land.
(b) Surface water diversion. All surface water shall be diverted away from the project
area.
(c) Velocity control. All permanent facilities for the conveyance of water around
through or from the project area shall be designed or contain facilities to limit the velocity
of flow in the facilities to less than 1.5 feet per second.
(d) Stabilization. All slopes, channels, ditches or any disturbed area shall be stablized
as soon as possible after the final grade or final earthmoving has been completed.
(e) Interim stabilization. Where it is not possible to permanently stabilize a disturbed
area immediately after the final earthmoving has been completed or where the activity
ceases for more than 20 days, interim stabilization measures shall be implemented promptly.
(0 Collection of runoff. All runoff from a project area shall be collected and
diverted to facilities for removal of sediment.
(g) Solids separation. Runoff from a project area shall not be discharged to the
waters of the Commonwealth without means to prevent sedimentation.
§ 102.23. Control Facilities.
(a) Diversion Terraces.
(1) Diversion terraces shall be constructed up-grade of a project area to convey
runoff around the project area. Fpr temporary diversion the channel shall have a capacity
to convey 1.6 cubic feet per second per acre of land tributary to it. For permanent
diversion, the channel shall have a capacity to convey 2.75 cubic feet per second per
acre of land tributary to it.
(2) Diversion terraces shall be grassed or lined with erosion resistant material
to prevent accelerated erosion within the channel.
(3) Outlet structures shall be designed to maintain a discharge velocity of less
than 3.0 feet per second and shall be stabilized before use.
(b) Interceptor Channels.
(1) Interceptor channels may be used within a project area to reduce the
velocity of flow and thus prevent accelerated erosion.
(2) Water collected by interceptor channels shall be conveyed to sedimentation
basins or to vegetated areas but not directly to streams.
(3) Outlets to vegetated areas shall be designed to maintain an outlet velocity
of less than 3.0 feet per second.
(c) Channels of Conveyance.
(1) All channels used to convey water through a project area shall be designed
to have a velocity of less than 1.5 feet per second. Where this in not possible, the channel
shall be grassed or lined with erosion resistant material.
(d) Sedimentation Basins.
(1) A sedimentation basin shall have a capacity of 7,000 cubic feet for each
acre of project area tributary to it and shall be provided with a 24-inch freeboard.
(2) The basin shall be cleaned when the storage capacity of the basin is reduced
to 5,000 cubic feet per acre of project area tributary to it.
(3) Outlet structures shall be designed to pass a minimum flow of 2.0 cubic
feet per second for each acre of project area tributary to the basin.
(4) The discharge from a sedimentation basin shall be to a natural waterway.
(5) Sedimentation basins shall be structurally sound and protected from
unauthorized acts of third parties.
RESTORATION
§ 102.31. Applicability.
The provisions of § § 102.31 - 102.34 of this Title (relating to restoration) shall
apply to all earthmoving activities which have not been stabilized.
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§ 102.32. Stabilization.
Upon completion of the project, all areas which were disturbed by the project shall
be stabilized so that accelerated erosion will be prevented.
§ 102.33. Interim Control Measures.
Any erosion and sedimentation control facility required or necessary to protect areas
from erosion during the stabilization period shall be maintained until stablization is
completed.
§ 102.34. Final Measures.
Upon completion of stabilization, all unnecessary or unusable control facilities shall
be removed, the, areas shall be graded and the soils shall be stabilized.
PERMITS AND PLANS
§ 102.41. Permit Requirements.
(a) Any person who engages in an earthmoving activity within the Commonwealth
shall obtain a permit prior to commencement of the activity except a permit will not
be required:
(1) where the earthmoving activity involves plowing or tilling for agricultural
puposes;
(2) where an erosion and sedimentation control plan has been developed for
an earthmoving activity by the U.S.D.A. Soil Conservation Service;
(3) where an activity is required to obtain a permit pursuant to the Clean
Streams Law (35 P.S. § 691.1 et. seq.), the Surface Mining and Reclamation Act (52
P.S. § 1396.1 et. seq.), the Water Obstruction Act (32 P.S. § 681 et. seq.) or the
provisions of Chapter 91 - 101 of this Title (relating to water pollution);
(4) where an earthmoving activity affects less than 25 acres.
(b) The Department, after publication in the Pennsylvania Bulletin, can reduce the
acreage limitation set forth in § 102.41 (a) 4:
(1) on a statewide basis at its discretion;
(2) for special areas where the Department deems it necessary;
(3) for any county or municipality within the Commonwealth.
(c) Even though an activity is not required to obtain a permit under the exceptions
described herein, the person undertaking the activity shall comply with the other provisions
of the Chapter.
§ 102.42. Application for Permit.
(a) Applications for permits shall be submitted by the person undertaking the
earthmoving activity. In the case of land development, the application shall be submitted
by the land developer rather than the contractor or agent.
(b) Applications shall be accompanied by an erosion and sedimentation control plan
and such other documents as the Department may require.
(c) Applications shall be accompanied by a processing fee of $200.00.
RESPONSIBILITIES OF LOCAL GOVERNING BODIES
§ 102.51. Administration by Local Governing Bodies.
(a) The Department may, at its discretion, delegate the administration and
enforcement of this Chapter to counties and other units of local government provided
the county or other unit of local government has and implements an acceptable plan
approved by the Department for administering such a program.
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(b) An acceptable plan includes adequate and qualified staff for the review of erosion
and ssediment control plans and for the surveillance and enforcement of this Chapter.
An acceptable plan must have the concurrence and approval of the Commissioners of
the county in which the local unit of government operates.
(c) The Department will retain program administration over any projects which cross
the political boundaries of local governing bodies who have been delegated the
administration of these regulations.
§ 102.52. Notification of application for building permits.
Any local governing body which issues building permits shall notify the Department
or its designee immediately upon receipt of an application for a building permit involving
an earthmoving activity which affects five acres or more of land.
§ 102.53. Withholding building permits.
A local governing body shall not issue a building permit to those engaged in
earthmoving activities requiring a Department permit until the Department has issued the
permit pursuant to § § 102.41 - 102.42 of this Title (relating to permit requirements).
IMPLEMENTATION OF CHAPTER 102
§ 102.61. Effective dates.
(a) The provisions of these regulations shall become effective 30 days after their
adoption by the Environmental Quality Board except that the provision (
§ § 102.41 - 102.42) which requires permits prior to the commencement of an activity
shall become effective on July 1, 1973, and the provision in § 102.14 which requires
preparation of erosion and sedimentation control plans shall become effective according
to the following schedule:
(1) Agricultural activities (plowing and tilling only) - July 1, 1977.
(2) All existing earthmoving activities - January 1, 1974.
(3) All new earthmoving activities started after adoption of these regulations
but before July 1, 1973 - July 1, 1973.
(4) All new earthmoving activities started after July 1, 1973 - prior to
commencement of the activity.
(b) The Department, where it finds that it is in the best interest of the
Commonwealth, may order the development and implementation of erosion and
sedimentation control plans or require permits sooner than the dates indicated
:n § 102.61.
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Act No. 347
Public Acts of 1972
Approved by Governor
January 9, 1973
STATE OF MICHIGAN
76TH LEGISLATURE
REGULAR SESSION OF 1972
Introduced by Reps. Copeland, Goemaere, Smit, Pilch, Stallworth, Morris W.
Hood, Jr., Fitzgerald, Thomas J. Anderson and Loren D. Anderson
Enrolled House Bill No. 4709
AN ACT to provide for the control of soil erosion and to protect the waters
of the state from sedimentation to prescribe the powers, duties and functions
of state and local agencies; to provide for the promulgation of rules; and to
provide remedies and penalties.
The People of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the "soil erosion and
sedimentation control act of 1972".
Sec. 2. (1) "Agricultural practices" means land tillage operations neces-
sarily associated with the planting and harvesting of crops.
(2) "Authorized public agency" means a state, local or county agency
designated pursuant to section 11 to enforce soil erosion and sedimentation con-
trol requirements with regard to land uses undertaken by it.
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(3) "Commission" means the water resources commission of the depart-
ment of natural resources.
(4) "County agency" means an officer, board, commission, department or
other entity of county government.
(5) "County enforcing agency" means an agency designated by a county
board of commissioners pursuant to section 6.
(6) "Department" means the state department of agriculture.
(7) "Earth change" means a man-made change in the natural cover or
topography of land, including cut and fill activities, which may result in or
contribute to soil erosion or sedimentation of the waters of the state.
(8) "Land use" means a use of land which may result in an earth change,
including but not limited to subdivision, residential, commercial, industrial,
recreational or other development, private and public highway, road and street
construction, drainage construction, logging operations, agricultural practices
and mining.
(9) "Local agency" means a county, city, village or charter township.
(10) "Local enforcing agency" means an agency designated by a city, village
or charter township in accordance with section 7.
(11) "Person" means a natural person, firm, corporation, partnership or
association.
(12) "Public agency" means a general law township, a school board or
any other local or regional public body, authority, board or commission which
is not a state, local or county agency.
(13) "Rules" means the rules promulgated pursuant to section 5.
Sec. 3. (1) "Sediment" means solid particulate matter, mineral or organic,
that has been deposited in water, is in suspension in water, is being transported,
or has been removed from its site of origin by the processes of soil erosion.
(2) "Soil conservation district" means a soil conservation district author-
ized by section 5 of Act No. 297 of the Public Acts of 1937, as amended, being
section 282.5 of the Compiled Laws of 1948.
(3) "Soil erosion" means the wearing away of land by the action of wind,
water, gravity or a combination thereof.
(4) "State agency" means a principal state department.
Sec. 4 . (1) By July 1, 1973, the department, with the assistance of the
soil conservation districts and in consultation with appropriate state and local
agencies shall prepare and submit to the commission for the commission's
approval a unified statewide soil erosion and sedimentation control program.
The program shall identify land uses which may be governed by this act and
shall include recommendations, guidelines and specifications for the control
of soil erosion for the identified land uses to prevent sedimentation of the
waters of this state. The program shall also set forth the means by which
agricultural practices shall, by January 1, 1979, be in compliance with the
guidelines and specifications as set forth therein.
(2) The commission shall make available to the department:
(a) Information on the effects of sediments on water quality and the
damages of water resources that may be attributed thereto.
(b) The location of those waters of this state which are degraded or have
potential for being degraded by sedimentation.
(c) Water quality standards which shall be included in the program to
protect the designated uses of the waters of this state.
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Sec. 5. (1) By October 1, 1973, the commission, with the assistance of
the department, shall prepare rules for a unified soil erosion and sedimentation
control program including provisions for the review and approval of site plans,
land use plans or permits relating to erosion control and sedimentation control.
The commission shall notify and make copies of the proposed rules available
to state, local, county and public agencies affected by this act for review and
comment before promulgation.
(2) The commission shall promulgate the rules in accordance with and
subject to Act No. 306 of the Public Acts of 1969, as amended, being sections
24.201 to 24.315 of the Compiled Laws of 1948. The rules take effect on July 1,
1974.
Sec. 6. (1) A county is responsible for the administration and enforce-
ment of the rules throughout the county except within a city, village or charter
township that has in effect an ordinance conforming to the provisions of this
section and except with regard to land uses of authorized public agencies
approved by the commission pursuant to section 11 and except with regard
to agricultural practices prior to January 1, 1979.
(2) By April 1, 1974, the county board of commissioners, by resolution,
shall designate a county agency as the county enforcing agency responsible for
administration and enforcement in the name of the county. The resolution may
set forth a schedule of fees for inspections, plan reviews and permits and may
set forth other matters relating to the administration and enforcement of this
act and the rules. A copy of the resolution and all subsequent amendments
thereto shall be forwarded to the commission.
(3) Two or more counties may provide for joint enforcement and admin-
istration by entering into an interlocal agreement pursuant to Act No. 7 of
the Public Acts of the Extra Session of 1967, being sections 124.501 to 124.512
of the Compiled Laws of 1948.
Sec. 7. (1) A city, village or charter township by ordinance may provide
for soil erosion and sedimentation control on public and private land uses
within its boundaries except that a charter township ordinance shall not be
applicable within a village that has in effect an ordinance providing soil erosion
and sedimentation control. An ordinance may be more restrictive but may not
make lawful that which is unlawful under this act and the rules. The ordinance
may adopt all or part of the rules by reference, shall designate a local en-
forcing agency responsible for administration and enforcement of the ordinance
and may set forth such other matters as the legislative body deems necessary
or desirable. The ordinance shall be applicable and shall be enforced with
regard to all private and public land uses within the city, village or charter
township except land uses of an authorized public agency designated pursuant
to section 11. The city, village or charter township may consult with a soil
conservation district for assistance or advice in the preparation of the ordinance.
(2) On July 1, 1975, an ordinance which is not approved by the com-
mission as conforming to the minimum requirements of this act and the rules
shall have no force or effect. With regard to a city, village or charter township
ordinance in effect prior to July 1, 1974, a copy of the ordinance shall be
submitted to the commission before September 1, 1974. With regard to an
ordinance or an amendment proposed to be adopted on or after July 1, 1974,
a copy of the proposed ordinance or proposed amendment shall be submitted
to the commission for approval before adoption. The commission shall forward
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a copy to the appropriate soil conservation district for review and comment.
Within 90 days after it receives an existing ordinance, proposed ordinance or
amendment, the commission shall notify the clerk of the city, village or charter
township of its approval or disapproval along with recommendations for revision
to the extent that the ordinance, proposed ordinance or amendment does not
conform to the minimum requirements of this act or the rules. If the commis-
sion does not so notify the clerk of the local unit within the 90-day period, the
ordinance, proposed ordinance or amendment shall be deemed to have been
approved by the commission.
Sec. 8. A county or local enforcing agency shall notify the commission of
all violations of this act or the rules or violations of the ordinance, including
violations attributable to a land use by an authorized public agency.
Sec. 9. As a condition for the issuance of a permit, the county or local
enforcing agency may require the applicant to deposit with the clerk of the
local agency in the form of cash, a certified check or an irrevocable bank letter
of credit, whichever the applicant selects, or a surety bond acceptable to the
legislative body of the local agency, in an amount sufficient to assure the
installation and completion of such protective or corrective measures as may
be required by the county or local enforcing agency.
Sec. 10. (1) An authorized public agency or a county or local enforc-
ing agency may enter into an agreement with a soil conservation district for
assistance and advice in overseeing and reviewing compliance with adequate
soil erosion and sedimentation control procedures and in reviewing existing
or proposed land uses, land use plans or site plans with regard to technical
matters pertaining to soil erosion and sedimentation control.
(2) A person engaged in agricultural practices may enter into agreement
with the appropriate soil conservation district to pursue such agricultural prac-
tices in accordance with and subject to the rules promulgated by the commis-
sion pursuant to section 5. Where a person enters into an agreement with a
soil conservation district, the district shall notify the county or local enforce-
ment agency or the commission thereof. Upon formal agreement and in com-
pliance with the provisions of this act as provided in this subsection, a person
shall not be subject to any site plans, land use plans, or permits required
pursuant to this act, but shall be subject to enforcement as provided by sections
13 and 14 after January 1, 1979.
Sec. 11. (1) A state, local or county agency may apply to the commission
for designation as an authorized public agency by submitting to the commission
the soil erosion and sedimentation control procedures governing all land uses
normally undertaken by the agency. If the applicant is a local or county agency,
the commission shall submit the procedures to the appropriate soil conservation
district for review, which shall submit its comments thereon to the commission
within 60 days. If the applicant is a state agency, the commission shall submit
the procedures to the department for review, which shall submit its comments
thereon to the commission within 60 days.
(2) If the commission finds that a local agency's soil erosion and sedimen-
tation control procedures are adequate, the commission may delegate to that
local agency authority to approve local or county agency soil erosion and sedi-
mentation control procedures and designate the local or county agency as an
authorized public agency.
(3) After approval of the procedures and designation as an authorized
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public agency pursuant to subsection (1) or (2), all affected land uses main-
tained or undertaken by the authorized public agency shall be undertaken pur-
suant to the approved procedures. If determined necessary by the commission
and upon request of an authorized agency, the commission may grant a variance
from the provisions of this subsection.
Sec. 12. (1) After June 30, 1974, a person who makes and submits a
preliminary plat pursuant to sections 111 to 118 of Act No. 288 of the Public
Acts of 1967, as amended, being sections 560.111 to 560.118 of the Compiled
Laws of 1948, shall attach a statement that he will comply with this act and
the rules or an applicable local ordinance.
(2) After June 30, 1974, in addition to the statements in the proprietor's
certificate on a final plat as required by section 144 of Act No. 288 of the
Public Acts of 1967, as amended, being section 560.144 of the Compiled Laws of
1948, the proprietor's certificate shall include a certificate that he has obtained
a permit from the appropriate county or local enforcing agency and will conform
to the requirements of this act and the rules or an applicable local ordinance.
Sec. 13. (1) After June 30, 1974, a person shall not maintain or under-
take a land use or earth change governed by this act or the rules, or governed
by an applicable local ordinance, except in accordance with this act and the
rules or with the applicable local ordinance and pursuant to a permit approved
by the appropriate county or local enforcing agency. A person who violates
this subsection is guilty of a misdemeanor.
(2) When in the opinion of the commission a person or a state, local,
county or public agency violates this act, the rules or an applicable local
ordinance, or an appropriate local agency fails to enforce this act, the rules
or an applicable local ordinance, the commission may notify the alleged offender
of its determination. The notice shall contain in addition to a statement of the
specific violation which the commission believes to exist, a proposed form of
order, stipulation for agreement or other action which the commission deems
appropriate to assure timely correction of the violation and shall set a date for
a hearing not less than 4 nor more than 8 weeks from the date of the notice of
determination. Extensions of the date of the hearing may be granted by the
commission or on request. At the hearing, any interested party may appear,
present witnesses and submit evidence. A person, state, local, county or public
agency who has been served with a notice of determination may file a written
answer thereto before the date set for hearing or at the hearing may appear and
present oral or written testimony and evidence on the charges and proposed re-
quirements of the commission to assure correction of the violation contained
therein. If a person, state, local, county or public agency served with the notice
of determination agrees with the proposed requirements of the commission
and notifies the commission thereof before the date set for the hearing, disposition
of the case may be made with the approval of the commission by stipulation
or consent order without further hearing. The final order of determination
following the hearing, or the stipulation or consent order as authorized by this
section and approved by the commission, is conclusive unless reviewed in ac-
cordance with Act No. 306 of the Publ Acts of 1969, as amended, in the
circuit court of the county of Ingham, or of the county in which the violation
occurred, upon petition therefor filed within 15 days after the service upon the
person, state, local, county or public agency of the final order of determination.
Sec. 14. (1) Notwithstanding the existence or pursuit of any other remedy,
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except as provided in section 10, the commission, or any local or county enforcing
agency may maintain an action in its own name in a court of competent juris-
diction for an injunction or other process against any person to restrain or
prevent violations of this act, the rules or an applicable local ordinance.
(2) The commission or any agent duly appointed by it or any county or
local enforcement agency may enter at all reasonable times in or upon any
private or public property for the purpose of inspecting and investigating
conditions or practices which may be in violation of this act, the rules or an
applicable local ordinance.
Sec. 15. In order to carry out their functions under this act, the commission
and the department may promulgate additional rules in accordance with and
subject to Act No. 306 of the Public Acts of 1969, as amended.
Sec. 16. This act does not apply to land on which a person, partnership
or corporation is engaged in the industry generally referred to as logging or is
engaged in the industry generally referred to as mining.
Sec. 17. This act shall take effect January 1, 1973.
.
Clerk of the House of Representatives.
Approved-
Governor.
OU.S. GOVERNMENT
PRINTING OFFICE: 1973-546-311/114 1-3
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