Applicability  
Requirements and Enforcement  

The Environmental Protection Agency

The EPA, a federal agency, enforces erosion control practices through the Clean Water Act which requires major industries and individuals to meet performance standards to ensure pollution control, in this case, non-point pollution controls. This act charges states with setting specific water quality criteria appropriate for their waters and developing pollution controls to meet them. This act also provides funding to help states and counties meet their clean water infrastructure needs. Finally, this act protects aquatic habitats through a permitting process that ensures that development is conducted in an environmentally sound manner.

 
   
The King County Department of Development and Environmental Services
In response to the EPA and the Clean Water Act, The King County Department of Development and Environmental Services has published guidelines and requirements to address the issue of minimum erosion and sediment control (ESC) best management practices for construction sites in King County.

It is necessary to obtain permits for any project that will disturb the soil and jeopardize water quality and habitat. The DDES maintains an inspection staff that will visit construction sites and give input as to the BMP's for that specific site. As well, the DDES staff periodically inspects construction sites and will issue fines and 'stop-work' orders if the inspector finds non-compliance with the County standards for ESC. DDES field staff is instructed to issue 'notices' if they find evidence of erosion and sediment or if the site has not met with the guidelines illustrated below. If the builder fails to take immediate action, DDES will call in a separate contractor to establish compliance on the site. The applicant will be billed for this abatement work. Any enforcement action will require the contractor to discontinue any grading or clearing until the end of the wet season.

In order to remain in compliance with permits and therefore, County standards, the following erosion control principles should be followed:
  • Design projects to fit the natural topography, soils, and drainage patterns.
  • Emphasize erosion control rather than sediment control.
  • Minimize the extent and duration of the area exposed.
  • Keep runoff velocities low.
  • Retain sediment on the site.
  • Schedule major earthwork during the dry season.
  • Thoroughly monitor the site and maintain the ESC measures.
  • Final stabilization of all disturbed areas with vegetation or other measures.
  • Removal of all temporary ESC measures and final cleaning of all permanent facilities such as catch basins and pipes.
  
Role of the Designer and Contractor

The role of the designer is to begin by thoroughly evaluating the existing conditions of the site and surrounding area, to create site designs that work with the existing natural processes thus reducing the amount of disturbance and human footprint on the land, and then provide clearly written plans to help the contractor understand what the best BMP's for that site might be. It is a good idea to provide the contractor with a book that clearly details the types of controls to install and when and where to install them. It should also clearly lay out the maintenance, inspection procedures and indicate appropriate removal times as this is the number one cause of the failure of BMP's.

The role of the contractor is to follow these guidelines and assign the onsite ESC supervisor to oversee the BMP's on an ongoing basis over the life of the project. They must inspect the site a minimum of once a week during the wet season and within 24 hours of a storm event. This supervisor must be available 24 hours a day in order to respond to ESC emergencies. A contact number must be clearly posted on the job site.