Builders, Developers Could Pay Hefty Fines For Not Following New Erosion Rules
ERIC SMITH | The Daily News
April showers bring May flowers, but rain throughout the year brings the potential for tainted waterways.
Without protective measures, rainwater can flow through a construction site and carry dirt and other debris into storm drains. The muddied water then can enter rivers and streams, contaminating drinking water and wildlife habitats.
"The amount of sediment that comes off a typical construction site, uncontrolled, can end up impairing the quality of water bodies - whether it's a stream or something as big as the Mississippi River - and limiting the life and health of those water bodies," said Robert Karesh, the statewide storm water coordinator for the Tennessee Department of Environment and Conservation (TDEC).
Preventing this scenario long has been a concern for developers and builders, who use a method called erosion control to keep storm drains clear of silt and sediment from their sites. The rules governing erosion control soon will tighten, and businesses should take note.
Heads up, friends
Beginning June 17, Tennessee will require construction sites to have a certified erosion control specialist - outsourced or on staff - available to address erosion control issues for that site. If they don't follow the new measures, builders and developers could face fines of $25,000 a day.
"It's not like they have to sit there on the site all the time, but (developers and builders) have to have a certified erosion control specialist assigned to that site," said Jerry Collins, Memphis Public Works director. "It can either be an employee or a consultant that they hire."
Previously, people performing erosion control for a developer or builder didn't need to be certified by TDEC, although many already had taken the department's training courses.
"Up to this point, it's been a strong recommendation that you have someone trained through our program, but it wasn't a requirement," Karesh said. "Now it's a requirement. This won't be a big difference to what they're already doing. It might be a new thing for some of them."
The certified specialist will be responsible for making sure existing erosion control methods at a construction site are working properly, and if they're not, to ensure they are corrected.
The most popular erosion control measure is the ubiquitous silt fence. It's a physical barrier - often a short orange or black wall - that prevents water from escaping a site and entering storm drains. Another type is the silt basin, a manmade pond that collects runoff and allows silt to settle at the bottom instead of exiting the site.
Kudos for cleanliness
Environmental groups laud the new requirement.
James Baker, project director for the Tennessee Water Sentinels Campaign, an initiative of the Memphis chapter of the Sierra Club, said he believes it will help keep area waterways clean of not only dirt and mud, but other contaminants as well.
"Certified erosion control specialists are good to have around sites to help keep trash out," he said. "They can tell the contractors and sub-contractors to keep trash out (and not to) let the machines leak their oil and hydraulic fluid all over things and wash off. Those are the things being done to help control the impact of construction."
As Baker pointed out, polluted or muddied water can damage ecosystems by shielding fish from their prey or concealing their eggs.
"It can change the whole physical characteristics of a channel if you get enough of it in there," he said.
And for downriver cities that depend on surface water for drinking, it can mean more money spent on treatment and filtration.
On the other side of the issue, developers and builders in West Tennessee cite how soil in this part of the state has more clay. Therefore, runoff has the appearance of being siltier and cloudier than it would in Middle or East Tennessee.
For them, the blanket rule regarding erosion control needs to be reined in to allow for soil differences across the state.
Rain, rain, go away
However, the developers and builders who are affected by the ruling - at least the ones Collins has dealt with - understand the need for erosion control certification and for the practice in general, he said.
"Most of the builders have been very receptive," he said. "It's something that we weren't doing much of 20 years ago, but it's part of everyday life now."
Erosion control is part of everyday life, but it's also a big part of any developer's budget. Zack Randolph, vice president of Memphis developer Kevin Hyneman Cos. Inc., estimates his company spends between $1,500 and $2,500 per lot for erosion control, which can add up quickly.
"It's becoming a huge expense," Randolph said. "Maybe 15 years ago it was, quite frankly, an afterthought in most budgets."
The expense of erosion control goes up with the size of the site and number of discharge points, or places where rainwater can leave a site and enter storm drains. So a strategic erosion control plan - whether it comes from a current employee who's been certified by the state or from a third-party firm that specializes in the practice - is essential.
"It's something you really have to be careful about and think your way through on the front end or you'll end up blowing that part of the budget by hundreds of percents," Randolph said. "It has increased exponentially over the last five years what we budget now for erosion control measures. That's just the fact of it."
Budget busters
Keith Grant, president of the Memphis Area Home Builders Association and owner of Keith and David Grant Homes, said he believes the expense of erosion control is causing a chain effect. After the developer spends an estimated $2,000 on erosion control, the builder spends another estimated $1,000, driving the cost up for everyone - especially the end user.
"In turn, it's costing all of us money," Grant said. "Ultimately, it costs the homebuyer money."
Grant also said the forthcoming change to require certified erosion control specialists will mean added costs for smaller companies.
"They're most likely going to have to outsource their inspections to a third party," he said.
Still, the cost of erosion control is nominal compared to the expense of not doing it.
Fines for failing to implement required measures could reach $25,000 a day, said Collins, whose organization oversees the matter locally and will perform random inspections.
But, he said, penalties rarely are issued.
"When we see that there's a problem, we notify the builder or developer in writing, and usually that's all it takes to get the problem fixed," Collins said. "If the problem should go on after that, then fines could very well be levied. It's usually nipped in the bud after the first letter goes out."
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