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Erosion Control Permit Information

When it rains, stormwater washes over the loose soil on a construction site, along with various materials and products stored outside. As stormwater flows over the site, it can pick up pollutants like sediment, debris, and chemicals from that loose soil and transport them to nearby storm sewer systems or directly into our rivers and lakes.  Construction site operators are required to have proper stormwater controls in place so that construction can proceed in a way that protects your community’s clean water. 

What Erosion and Sediment Control (ESC) Permits Cover, and What They Don’t

Erosion and Sediment Control (ESC) permits cover construction activity and materials or equipment staging and stockpiling that will cause land disturbance.  These permits do not authorize work in critical habitat protected by the Endangered Species Act, or in-water work (below top of bank or ordinary high-water mark) or projects that may result in the discharge of fill or dredged material into waters of the U.S. and the state, which are regulated by other programs and agencies.  Applicants must identify, apply for, and resolve any state Department of State Lands (DSL), US Army Corps of Engineers (USACE), DEQ 401 water quality certification, and EPA ESA requirements before applying for ESC permit coverage through RVSS to prevent unintended non-compliance situations with other regulatory programs.

Permit Termination Criteria:

  • All earth-disturbing activity is complete.
  • Site must be permanently stabilized per permit requirements. 
  • Remove and properly dispose of all construction materials, waste and waste handling devices, and temporary stormwater controls.
  • Remove all potential pollutants and stop pollutant-generating activities associated with construction.
  • All fees must be paid.

ESC Inspections

For active sites, inspections should occur within 24 hours of any storm event that results in discharge from the site, and at least once every 14 days. 

  • For 1200-C/CN permits, visual monitoring and inspections must be conducted by a certified ESC inspector.  The ACWA Construction Site Stormwater Guide includes bulleted lists of what to look for during a maintenance inspection.
    • Rainfall Data: The 1200-C/CN permit requires tracking of rainfall data, RVSS has rain gauges located in South Talent, White City and Central Point with real time data available online.

  • The designated ESC Inspector must complete inspection forms and keep a logbook in compliance with the schedule dictated in their 1200C/CN permit.  Inspection forms must include all the required information outlined in the permit.  Inspection forms must be kept on site and submitted to DEQ or RVSS upon request. 

     

  • Corrective Action Plans: For 1200-C/CN permits, changes to the ESCP must be approved by RVSS. You may also create your own or submit revised plans. Revised plans must be submitted to RVSS for approval. 

     

  • An RVSS or DEQ Inspector can show up at your site at any time.  Visits are unannounced.  They will expect to see your ESCP and logbook with relevant documents.

Enforcement & Non-Compliance: Non-compliance violations can result in warnings, escalating fees, brown tags, stop work orders, citations, civil action, and criminal penalties for violating regulations knowingly or through negligence.  RVSS, Code Enforcement, DEQ, and the EPA can enforce regulations. 

 

Erosion and Sediment Control Best Management Practices (BMPs)

RVSS worked with the Oregon Association of Clean Water Agencies to create a field guide of best management practices for use by contractors.  RVSS also maintains a list of local vendors that offer erosion and sediment control products as a convenience to contractors.  To have your business placed on this list, please fill out the vendor addition form.