The Environmental Protection Agency (EPA) has distributed mandatory
questionnaires to about 3,000 owners/developers of new construction projects to collect information that will help in creating a new proposed rule governing post-construction stormwater runoff. Contractors that receive the questionnaire must complete and return it within 60 days of receipt in order to avoid penalties and fines. EPA has asserted authority to administer the questionnaire under Section 308 of the Clean Water Act and contractors that do not comply could face fines of more than $35,000 per day.
In January, ABC joined the Federal StormWater Association in opposing the questionnaire, pointing out that in addition to the EPA not having solid support regarding its statutory authority to promulgate the rule, the construction industry is not an appropriate target for the rule because contractors are not responsible for post-construction issues.
Recipients will have to complete the questionnaire
online. ABC members that receive a questionnaire should attend the
Oct. 14 informational webinar hosted by EPA that will describe the process for completing the questionnaire and answer questions about the type of information that needs to be submitted.
All recipients must return the questionnaire, but construction companies that have no ownership interest or financial stake in the projects EPA is soliciting information for may be able to complete only a portion of the questionnaire.
ABC recommends that contractors review the questionnaire with their legal counsel. For more information, contact Sean Thurman at ABC,
thurman@abc.org.
EPA has also provided a
fact sheet on its website. To view the complete list of companies that have received the questionnaire, click
here.
For more information on the post-construction stormwater rule, visit
http://www.epa.gov/npdes/stormwater/rulemaking.