Issue link: http://psai.uberflip.com/i/743040
W EEKLY EDITION OCT 26, 2016 Portable San itation and the EPA …continued Part II When a contractor is creating these documents, specifically focusing on the section of the BMP handbook entitled "Sanitary/Septic Waste Management," they must follow their state and local laws when dictating the speci fic guidelines for their sites portable toilets. Yet when you factor in different contractors in different states and regions, with differentiating job site topography, no SWPPP or BMP will be exactly the same. This is precisely why PROs suddenly face new requirements from customers that seem to come from the EPA. The truth is that EPA mandates pollution limits and provides guidance on how to create BMPs that fulfill the intent of the Clean Water Act – but the content of the BMPs is driven by state and loca l pollution limits (Which may be more stringent than federal EPA limits) as well as by the practices and risk management strategies of the general contractor. What you will likely encounter. Considering that there is no "cookbook" for creating a BMP – onl y an approval process when applying for a Construction General Permit – there are going to be plenty of variations. However, the PSAI has found that the following "unusual" criteria for portable restrooms are fairly common when the local environmental limi ts or tolerance for risk are low. These rules oftentimes require 1) units be staked down, 2) plastic liners placed under the toilets 3) sandbag berms placed around the plastic - under - lined units 4) units sit within secondary containment trays to contain wash down water 5) in dustrial absorbent mats be placed under the units 6) absorbent ber ms placed around the units 7) on rare occasion, waivers for exemption that are restricted to specific regulated areas such as tribal lands. Again, these are only some o f the requirements PROs face. While there are often deliberate reasons for these requirements, as a contractor takes into account the site ' s topography, proximity to bodies of water, current degree of water contamination, population, regional office require ments, etc., PROs should keep in mind where these guidelines are coming from. Because they are probably not coming directly from the federal EPA guidelines, they may be more flexible than the customer thinks. It is important to remember that you are the ex pert in portable sanitation. While you still need to meet your customer's needs – both legally and profitably – there are conversations you can have with your customer before following a requirement you find unusual. Combatting misconception and managing your job sites productively. When bidding a job, it is encouraged that you ask about the SWPPP and BMP requirements. For example, if a contractor absolutely requires containment pans, you will want this on your radar during the bidding process. Then, try g etting to the bottom of the requirement before making a decision or taking action. • Ask, "Whose requirement is this?" The common answer will be "the EPA," but you've now learned that this is unlikely. Ask for a citation if they feel that a requirement direc tly stems from the agency. For example, the EPA does not specifically require staking – even with most state EPA rules, the written recommendations are not that specific. If the regulation states that a unit must be "secure" to ensure it will not be tipped or knocked over, recognize that this is not the same as requiring a unit be staked. P AGE 2 CONTINUED ON PAGE 3