Erosion and Sediment Control: Responsibilities
Regulatory Agency Responsibility
The Land Quality Section of the Department of Environment and Natural Resources (DENR) enforces the
Sedimentation Pollution Control Act which affects all individuals conducting land disturbing activities
for public or private development or highway construction and maintenance. This agency has the authority
to perform on-site inspections and issue Notices of Violation (NOV’S) which could result in work stoppage,
civil penalties, or both. Due to the magnitude of land disturbance conducted by the NCDOT, the DENR has delegated
authority to implement the Sedimentation Pollution Control Act to the Division of Highways for internal review with periodic inspections to be performed
by their agency. Land Quality has demonstrated fair and prudent judgments in performing individual
inspections as well as reviewing the Department’s annual performance. It is imperative that the Land Quality
Section complete the performance audits with precise and accurate reports due to economic and environmental
North Carolina Department of Transportation Responsibility
The NCDOT has the responsibility to comply with all rules and regulations described in the Sedimentation Pollution
Control Act and all requirements stipulated in the program delegation from the DENR. The Chief Engineer-Operations
has implemented, as standard operating procedure, that the Department’s Sediment and Erosion Control Program shall
be a top priority with employees and managers involved in land disturbing activities. Failure to comply with the
requirements of the law may result in a Notice Of Violation issued to the Department and possible fines levied for
noncompliance. Any employee who does not follow standard operating procedures in his/her daily duties and responsibilities
may be subject to procedures described in the Disciplinary Action Policy.
Roadside Environmental Unit Responsibility
This Unit is assigned the in-house regulatory responsibility with specific focus on sediment and erosion control issues, policies, and environmental commitments. This responsibility includes preparing erosion control plans, implementing and maintaining standard specifications and project special provisions, and monitoring active work-sites for compliance with the Sedimentation Pollution Control Act. The Unit demonstrates professionalism and technical competence in preparing plans as well as monitoring and recommending corrective actions when problems arise.
In order to handle this responsibility and authority, certain plans and reports need to be made. The plans are the erosion control plans that are drawn up during the design phase of the project and are a part of the total job. These plans are to be kept up to date by the erosion control coordinator by revising them as the devices are installed, changed, or eliminated.
A weekly inspection is to be made of all devices to assure that they are fully functional and are properly maintained. The results of this inspection shall be recorded in the Inspector’s daily Report and a list of the needed corrections given to the Contractor for his immediate attention. A copy of this list should also be given to the Resident Engineer. As the Contractor makes the corrections listed, they should be marked off and dated. When all items on the list are corrected, the completed list should be given to the Resident Engineer so that he knows that the work has been done.
If it rains enough on the project to cause possible maintenance problems with the erosion control devices, an inspection will be made immediately. It is advisable to inspect the project during rains so that you can see how the devices are working and spot any possible future problems. It is also advisable to have the Contractor’s representative with you during these inspections. Immediate action should be taken to stop any off-site sediment.
The Roadside Environmental Field Operation Engineer will also make periodic inspections of the job and make a report to the Resident Engineer. There should be a follow-up on these reports to assure that any problems found are corrected and any suggestions made are implemented.