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Stormwater compliance in Maryland requires contractors to maintain specific certifications, training records, and project documentation to meet state regulations. Here’s what you need to know:
- Certifications: Contractors must hold Maryland Department of the Environment (MDE) certifications, including Responsible Personnel Certification and Erosion & Sediment Control (E&SC) training (e.g., "Yellow Card").
- Professional Licenses: Engineers need 16 Professional Development Hours (PDHs) every two years, including ethics training. Specialized certifications like CESCP may also apply.
- Stormwater Management (SWM) Plans: Must follow the 2000 Maryland Stormwater Design Manual, including site analysis, BMP specifications, and maintenance guidelines.
- Permits & Approvals: Projects discharging into impaired waters require compliance with Maryland’s 303(d) List and TMDL standards.
- Construction Records: As-built drawings, inspection logs, and Notices of Construction Completion (NOCC) are mandatory for project closure.
- Routine Inspections: Facilities require inspections during the first year and every three years thereafter, per COMAR regulations.
Proper documentation ensures compliance with Maryland’s stormwater management laws, avoiding legal and financial penalties. Regular updates, organized filing systems, and adherence to permit timelines are key to staying compliant.
MDE Guidance For Protecting Stormwater Best Management Practices During Construction November 2023
Required Certifications and Training Records
For contractors in Maryland working on stormwater infrastructure projects, keeping the right certifications and training records is not just a formality – it’s a legal requirement. These documents ensure that personnel have the necessary qualifications to manage stormwater projects safely and in compliance with state regulations. Here’s a breakdown of the essential certifications and records contractors need to maintain.
Maryland Department of the Environment (MDE) Certification
The Maryland Department of the Environment (MDE) requires contractors to obtain a Responsible Personnel Certification. This certification confirms that staff involved in stormwater management meet the state’s standards for competence and safety [1]. The Water Management Administration (WMA) oversees the development and approval of Erosion and Sediment Control (E&SC) and Stormwater Management (SWM) plans, as well as related permits [2]. Certified personnel are critical for drafting and implementing compliance documents effectively.
Erosion and Sediment Control Training Records
For projects under the Maryland State Highway Administration (SHA), contractors must ensure that their superintendents and erosion & sediment control managers hold a current Erosion and Sediment Control (E&SC) certification, often referred to as the “Yellow Card” [3]. Additional certifications, such as those for "Responsible Person" and "Responsible Land Disturber", are required for individuals managing construction sites [5].
These certifications must remain valid and accessible for inspections to demonstrate adherence to Maryland’s soil erosion and sediment control regulations, as outlined in the Environment Article, Title 4, Subtitle 1, and COMAR 26.17.01 [4]. Proper documentation ensures compliance with state programs designed to minimize soil erosion during construction.
Professional Licenses and Continuing Education Records
Professional Engineers (PEs) in Maryland are required to complete 16 Professional Development Hours (PDHs) every two years, including one hour focused on ethics [7]. Approved topics include technical engineering principles, laws and regulations, software, standards of practice, ethics, project management, and risk assessment. Notably, "stormwater" is specifically recognized as an approved subject under Civil Engineering courses for Maryland PEs [7]. Contractors must retain these PDH records for at least four years, and online courses from approved providers are fully acceptable without any hourly restrictions [7].
For specialized roles, certifications such as the Certified Environmental Storm Water Compliance Professional (CESCP) from the National Registry of Environmental Professionals require Continuing Education Units (CEUs) and annual renewal [6]. These advanced certifications highlight a commitment to environmental compliance and strengthen the documentation needed for proper stormwater project management.
Companies like Pro Landscapes MD, which provide stormwater management and drainage solutions across central Maryland, understand the importance of maintaining these certifications and training records. Staying compliant in this regulated industry is essential for delivering effective and lawful stormwater management solutions.
Project Documentation Requirements
After evaluating personnel qualifications, the next critical step is compiling detailed project documentation for stormwater management (SWM). These documents are the backbone of stormwater projects, ensuring they align with regulatory standards.
Stormwater Management (SWM) Plans
In Maryland, SWM plans must comply with the guidelines set out in the 2000 Maryland Stormwater Design Manual. Key elements of these plans include:
- Design criteria and methodology: Includes precise calculations for runoff volumes, peak flow rates, and water quality treatment needs.
- Site analysis and drainage calculations: A thorough assessment of existing site conditions, soil classifications, and hydrologic properties.
- Specifications for Best Management Practices (BMPs): Detailed descriptions of BMP dimensions, materials, and performance benchmarks.
- Construction drawings and details: Includes plan and profile views, cross-sections, and construction specifications, all measured in imperial units (feet, inches).
- Maintenance guidelines: Outlines long-term operational procedures, inspection schedules, and performance monitoring requirements.
- Compliance documentation: Proof of adherence to state water quality standards and local regulations.
These SWM plans are designed to integrate seamlessly with Erosion and Sediment Control plans, ensuring comprehensive stormwater management throughout every phase of the project.
Permits and Regulatory Approvals
Securing all necessary permits and regulatory approvals is a must, particularly for projects that discharge into impaired waters. Below are key regulatory considerations for projects affecting these waters.
Maryland’s 303(d) List Compliance Review
If your project involves discharges into Maryland’s 303(d) List of Impaired Waters, you’ll need to meet specific regulatory standards. Under NPDES permits, regulated dischargers, including stormwater projects, must control pollutants entering these waters to support their recovery[8]. This includes adhering to Total Maximum Daily Loads (TMDLs), which define pollutant limits and often require additional monitoring and control measures[8].
For contractors navigating 303(d) compliance, specialized training can be invaluable. The National Stormwater Center in Bel Air, MD, offers a course titled Water Quality Standards, 303(d) Lists, TMDLs. This 1-day, 4-hour online webinar costs $349.00, provides 0.4 continuing education units, and awards a Certificate of Participation upon completion[8].
Additionally, be aware of antidegradation policies, especially when working near Tier II waters that are under special protection[8].
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Construction and Post-Construction Records
Keeping thorough records during and after construction is essential to show compliance with stormwater regulations. These records confirm that the project was completed according to the approved plans and all regulatory standards.
As-Built Drawings
As-built drawings are a critical part of post-construction documentation. They provide a detailed account of how the stormwater infrastructure was actually built, highlighting any changes made during construction compared to the original design. In Montgomery County, the Department of Permitting Services (DPS) requires a stormwater management as-built plan to be submitted once the project is finished, disturbed areas are stabilized, and all measures are installed [9].
Inspection and Maintenance Records
Regular inspection records are necessary to confirm that stormwater control measures were installed properly. A final inspection is also required to ensure all measures are in place and disturbed areas are stabilized before the permit can be closed [9].
Professional landscaping contractors, such as Pro Landscapes MD, who specialize in stormwater management services across central Maryland, recognize the importance of maintaining these records for compliance.
These inspection records are a key step toward the final closure of the project, as outlined in the next section.
Notice of Construction Completion (NOCC)
The Notice of Construction Completion (NOCC) is mandatory for projects that exceed certain drainage area thresholds. This form notifies regulators that construction is complete and stormwater measures are functional. In line with Montgomery County’s procedures, once the as-built drawing is approved and disturbed areas are stabilized, a final inspection confirms compliance, allowing for permit closure and bond release [9].
Consultant and Owner Certifications
Finalizing the certification process for both consultants and owners/developers strengthens the compliance framework outlined earlier. This step is essential for ensuring full adherence to stormwater compliance documentation.
Consultant Certifications
Consultants play a crucial role in the compliance process. They are required to include licensed engineer seals on all plans submitted to the Maryland Department of the Environment (MDE). These sealed plans are reviewed by MDE’s Water Management Administration (WMA) for Erosion and Sediment Control (E&SC) and Stormwater Management (SWM) plans [12][10][11].
Additionally, consultants need to obtain specific credentials, such as Qualified Preparer of Storm Water Pollution Prevention Plans (QPSWPPP), Qualified Compliance Inspector of Stormwater (QCIS), and Qualified Industrial Stormwater Manager (QISM). These certifications are critical for meeting National Pollutant Discharge Elimination System (NPDES) and industrial project requirements [11].
Timely submission of certifications is vital. Consultants must submit sealed E&SC and SWM plans before construction begins. For certain projects, like Residential Stand-Alone Environmental Site Design (ESD) systems in Frederick County, as-built certifications must be submitted by consultants before Use and Occupancy (U&O) permits can be issued [13]. Once consultant documentation is complete, the focus shifts to property owner certifications to ensure comprehensive compliance.
Owner/Developer Certifications
Owners and developers also bear responsibility for submitting certification documents to confirm compliance. These certifications often depend on local jurisdictional requirements. For instance, in Frederick County, a Developer Owner Certification is tied to specific project milestones rather than existing as a separate requirement [13].
Successful coordination between consultant and owner certifications ensures a streamlined compliance process, supporting the overall success of any stormwater project.
Maintaining Proper Documentation for Compliance
Keeping documentation in order is key to meeting Maryland’s regulatory requirements. This calls for a structured approach, with regular reviews and updates to ensure compliance. Establishing clear timelines and assigning responsibilities can help maintain consistency.
NPDES Permits and Renewal Timelines
NPDES permits are central to stormwater compliance and are valid for five years. To avoid any lapse in coverage, the renewal process must begin at least 180 days before the permit expires [14]. This proactive scheduling ensures continuous authorization without interruptions.
MDE Reviews and Local Inspections
The Maryland Department of the Environment (MDE) reviews county and municipal stormwater management programs at least once every three years [16]. These evaluations cover both program structures and field-level implementation, underscoring the importance of well-maintained records to demonstrate compliance efforts. Accurate documentation also sets the foundation for smooth facility inspections.
For individual stormwater management facilities, inspections follow a defined schedule under Code of Maryland Regulations (COMAR) 26.17.02.11. Facilities are inspected during their first year of operation and then at least once every three years thereafter [15]. These inspections, often carried out by county or municipal agencies, verify both operational and regulatory adherence.
Routine and Annual Inspections
Routine inspections are an essential part of stormwater management. Daily operational documentation is required to keep up with Stormwater Pollution Prevention Plans (SWPPP). Depending on the project, routine inspections may occur daily, weekly, or monthly [14].
- Quarterly inspections offer a more detailed review, ensuring permit requirements are being met [14].
- Annual inspections provide the most comprehensive evaluation. Certified inspectors assess data from routine checks, examine current site conditions, and identify any necessary repairs or updates to maintain compliance [14].
Key Review Frequencies and Responsibilities
The table below highlights the major documentation review schedules and who is responsible for each:
| Documentation Type | Review Frequency | Responsible Party | Key Purpose |
|---|---|---|---|
| NPDES Permits | 5 years (renew 180 days prior) | Permit Holder | Maintain discharge authorization |
| Routine SWPPP Updates | Daily/Weekly/Monthly | Owner/Operator | Verify ongoing compliance |
| Quarterly Compliance Reviews | Every 3 months | Owner/Operator | Detailed permit requirement verification |
| Annual Facility Inspections | Annually | Certified Inspector | Comprehensive compliance assessment |
| Stormwater Facility Inspections | First year, then every 3 years | County/Municipality | Ensure proper facility functioning |
Notice of Construction Completion (NOCC) and New Installations
Documentation for Notice of Construction Completion (NOCC) must be compiled annually to meet MDE reporting requirements. Newly completed stormwater practices are added to one-year inspection plans for initial reviews [15]. This ensures proper oversight during the critical first year of operation.
Long-Term Documentation and Maintenance
Pro Landscapes MD supports compliance through stormwater management services across central Maryland, including areas like Howard County, Montgomery County, and Baltimore County. Their expertise in drainage solutions, French drains, and stormwater systems ensures property owners can stay on top of their documentation throughout a project’s lifecycle.
Facility owners must also maintain detailed maintenance records to show that structures are functioning as required by COMAR [15]. These records become essential during regulatory reviews and permit renewals.
Organized Filing Systems
An organized filing system is crucial for effective documentation management. Digital systems are particularly useful, offering better organization and backup options compared to paper records. With quick access to inspection reports, permits, and maintenance logs, these systems simplify compliance and help property owners stay prepared for reviews.
FAQs
What certifications and training are required for contractors working on stormwater infrastructure projects in Maryland?
Contractors tackling stormwater infrastructure projects in Maryland need to secure specific certifications to meet state requirements. One of the key credentials is the Maryland Erosion and Sediment Control Certification (commonly called the Yellow Card). To earn this, contractors must complete a 24-hour training program approved by the Maryland Department of the Environment (MDE).
In addition, certifications for installing and maintaining stormwater Best Management Practices (BMP) are frequently required. Another important credential is the Responsible Personnel Certification, which can be obtained through MDE-approved courses, available both online and in person.
To ensure compliance, contractors should maintain proper documentation, such as certificates of completion or proof of attendance, as evidence of their training.
How do Maryland’s 303(d) List and TMDL standards impact stormwater project permits?
Maryland’s 303(d) List and TMDL (Total Maximum Daily Load) standards are key to regulating stormwater project permits. These standards set specific pollutant limits for water bodies that fail to meet quality benchmarks, ensuring that stormwater projects contribute to improving water conditions.
To comply, projects in areas with impaired waters must meet TMDL requirements, which often involve reducing pollutants through best management practices (BMPs). This process typically includes ongoing monitoring and adjustments to strategies to ensure water quality goals are met. Adhering to these regulations is crucial for securing approval and maintaining permits for stormwater infrastructure projects.
What are the key steps for ensuring proper stormwater compliance throughout a project in Maryland?
To comply with stormwater regulations in Maryland, contractors need to follow the rules established by the Maryland Department of the Environment (MDE). This involves using Best Management Practices (BMPs) and sticking to the standards outlined in the Maryland Stormwater Design Manual.
It’s important to schedule regular inspections throughout your project, document how BMPs are being applied, and keep detailed records of both maintenance and inspections. When submitting permit applications, make sure they include comprehensive documentation of stormwater controls. Maintaining up-to-date records is essential for demonstrating compliance during any reviews by authorities.
Staying organized and ahead of these requirements will help you meet Maryland’s stormwater management standards and avoid any compliance setbacks.
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