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5/1/06

5:30 PM

Page 38

PARDON ME YOUR SWPPP IS SHOWING
By: John Broghammer, Esq., Scott Cofer, Esq. and Gary Vinson, Esq.

It was a dark and stormy night. You bolted upright in bed wondering
if your SWPPP, under the supervision of the PM using BMP’s, would
protect the BSA and ESA from the SAP the next day by the RWQCB
and the SWRCB. You slept no more.
If you recognize the acronyms above, you understand that “dark and
stormy nights” are a significant concern when you are immersed in the
world of Storm Water Pollution Prevention Plans (SWPPP).
Having a plan in place on a construction project is no guarantee against
disasters, runaway costs, fines and potential work stoppages. Neither
Mother Nature nor state and local SWPPP officials are predictable.
The purpose of this article is not to offer technical advice on what a
recent court decision called a “complicated web of federal and state
laws and regulations concerning water pollution.”1 Indeed, that would
be