Responsibilities of Removing Silt Fencing After Construction: Compliance and Costs

Construction contractors are required to remove silt fencing once the construction project is completed and the site is stabilized. Silt fencing, a temporary erosion control measure, helps prevent sediment runoff during construction. However, the specifics of when and how to remove it can vary based on local, state, or federal regulations. This article delves into the regulations and the importance of proper silt fencing removal, highlighting the associated costs and potential consequences of non-compliance.

Regulations and Requirements

The removal of silt fencing is governed by federal and state laws, particularly through the Storm Water Pollution Prevention Plan (SWPPP). Contractors must submit this plan for approval before commencing the project and, upon approval, obtain a Construction Storm Water Discharge Permit. Upon issuance of the permit, contractors are responsible for installing and maintaining all erodion control measures, including silt fencing, throughout the project period. Once the site is stabilized and the project is complete, the contractor must remove the silt fencing and submit a Notice of Termination (NOT).

The NOT should be submitted to the regulating agency, which will inspect the site to ensure compliance before closing the permit. This process is critical, as permits are valid for only one year, and failure to secure a new permit within that period may result in restrictions on future projects for the contractor. Understanding and adhering to these regulations is essential to avoid costly delays and penalties.

The Role of SWPPP in Construction Site Management

The SWPPP is a comprehensive document that outlines the measures and practices required to control pollutants during construction. The plan must address several key areas, including erosion prevention, sediment control, and storm water runoff prevention. By implementing an effective SWPPP, contractors can minimize environmental impacts and ensure regulatory compliance.

The Costs and Consequences of Non-Compliance

The costs associated with proper silt fencing removal and SWPPP compliance can be significant. In some cases, additional expenses such as soil stabilization, seeding, and ongoing maintenance may be required to ensure the site is fully stabilized and ready for removal of erosion controls. For instance, if the site is not stabilized when the silt fencing is due for removal, the contractor may face penalties and the need to renew the permit, which can result in additional fees and delays.

Case Study: The Impact of Inadequate SWPPP Compliance

A contractor's experience with the complexities of SWPPP compliance highlights the potential consequences of non-adherence to regulations. When a project is not stabilized and workers observe bare ground, silt fencing removal and re-inspection may be necessary, leading to extended periods of time, additional fees, and manual labor to address the issue. For example, if a site is not properly stabilized, the contractor may have to:

Re-seed the area Water the area multiple times a week (if in a drought) Submit multiple NOTs and wait 120 days between each Face failed inspections due to factors such as grass being sprayed with weed killer

These delays and additional costs can accumulate quickly, potentially exceeding $25,000 for a single project. Successfully navigating the SWPPP process and ensuring proper silt fencing removal can help prevent such costly and time-consuming issues, thereby streamlining the construction process and maintaining compliance with regulatory standards.

Conclusion

Proper removal of silt fencing and adherence to SWPPP requirements are crucial for ensuring a constructed site meets regulatory standards. Contractors must understand and comply with local, state, and federal guidelines to avoid costly delays and fines. By implementing an effective SWPPP and properly managing erosion control measures, contractors can ensure a smooth and compliant construction process.