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California SWPPP: risk levels, QSDs and what the 2022 permit requires
In California a Qualified SWPPP Developer (QSD) must write the SWPPP, under the State Water Board's Construction General Permit, Order 2022-0057-DWQ (in effect since September 1, 2023, expiring August 31, 2028). It's uploaded to SMARTS with the NOI and the first annual fee ($511 plus $54 an acre). There's no official template; the QSD picks the format.
The QSD and the QSP
The permit says it twice: the SWPPP and every amendment are "developed by a QSD" (Section V.A.2), and the discharger keeps a QSD from the start of the project until the Notice of Termination is approved (V.C.1). A second role, the Qualified SWPPP Practitioner (QSP), runs the site side: inspections, sampling and putting the plan into practice.
| QSD | QSP | |
|---|---|---|
| Does | Writes and amends the SWPPP; inspects within 30 days of start, twice a year (Aug to Oct and Jan to Mar), and within 14 days of a numeric action level exceedance | Inspects on site monthly and within 72 hours before a forecast qualifying storm; samples; trains delegates |
| Becomes one by | A prerequisite such as CPESC, CPSWQ or a California landscape architect registration, then CASQA's QSD course and exam | A prerequisite such as CESSWI or CISEC, then CASQA's QSP course and exam |
| Shortcut | California-licensed professional engineers and geologists can self-certify as QSD or QSP on the Board's site | |
| Keeps it by | 6 hours of continuing education a year and renewal every two years | |
So a contractor can't write their own California SWPPP unless they're a QSD. What a contractor or owner can do is gather the facts a QSD needs, and a QSD can start from any template or draft they choose. The Board's FAQ: QSDs "may develop their own templates or use templates from other organizations, so long as they comply with the requirements of the 2022 CGP."
Risk levels
Every traditional site gets a combined Risk Level of 1, 2 or 3, which SMARTS works out from two inputs (Attachment D.1):
- Sediment risk: R × K × LS from the soil loss equation, in tons per acre over the work period. Under 15 is low, 15 to under 75 medium, 75 or more high.
- Receiving water risk: high if the site drains, directly or not, to a water listed as impaired by sediment or to one designated for cold-water, spawning and migratory fish (COLD, SPAWN and MIGRATORY uses); low otherwise.
| Risk Level | Inspections | Sampling |
|---|---|---|
| 1 | Weekly, and before, during and after each qualifying storm | Non-visible pollutants only, when triggered |
| 2 | Same | Stormwater grab samples for pH and turbidity; action levels pH 6.5 to 8.5 and 250 NTU |
| 3 | Same | As Risk Level 2, plus receiving water monitoring if pH leaves 6.0 to 9.0 or turbidity tops 500 NTU |
A qualifying storm is a forecast of at least 50% chance of rain and 0.5 inches or more in 24 hours. Linear utility projects get Types 1, 2 and 3 instead, under Attachment E.
What a California SWPPP must include
Section IV.O.2 lists it. Compared with EPA's template, California asks for more drawings and a monitoring program:
- All pollutants, their sources and controls, with a pollutant source assessment that includes past spills and past land use.
- Site-specific BMPs: the minimum erosion and sediment controls in Attachment D or E, plus any active or passive treatment, TMDL measures and dewatering.
- Temporary stabilization for any area idle for 14 days or more.
- Non-stormwater discharges; washing and wheel-wash water; materials and waste; a spill and leak plan with trained people.
- A Construction Site Monitoring Program: inspection points, sampling locations and handling, chain of custody form, test methods.
- Title sheets: project, vicinity map, schedule, operating hours, QSD and QSP contacts with certification numbers, and the QSD's signature.
- A pre-earthwork drawing and construction and earthwork drawings showing boundaries, drainage areas, discharge and sampling points, each BMP and support areas.
Filing in SMARTS
- The QSD prepares the SWPPP, site drawings and Risk Level inputs.
- The Legally Responsible Person, or a Duly Authorized Representative, certifies the Permit Registration Documents in SMARTS: the NOI with the Risk Level, the drawings, the SWPPP, post-construction plans and calculations (under the permit's standards or your MS4's), and the annual fee.
- Coverage begins when SMARTS issues a WDID number. No work before that.
- Upload SWPPP amendments within 30 days, keep the plan and readable maps on site, and certify an Annual Report by September 1 for each July-to-June year.
- File a Notice of Termination in SMARTS when the site is stabilized. The permit applies until the Regional Water Board approves it, and the Board's FAQ says terminating is what ends the annual fee.
Fees
The annual fee under 23 CCR 2200 is $511 plus $54 per acre disturbed over the life of the project, rounded to the nearest acre, up to $11,311. The first year is paid with the NOI. From the Board's per-acre chart: 1 acre $565, 5 acres $781, 10 acres $1,051. A Small Construction Rainfall Erosivity Waiver, for 1 to 5 acres where R is under 5 for the work period, costs $200 instead.
Ways to get it done
A QSD is required, so the choice is how much of their time you pay for. QSD fees are by quote. To cut that time, some owners hand the QSD a first draft:
- The QSD's own template. Most firms have one, built on the order's IV.O list.
- EPA's SWPPP template. Free and well organized, but written for EPA's permit; it lacks California's monitoring program, drawings and Risk Level sections.
- ePlan. Drafts a SWPPP from four questions and public data (receiving water and impairments, soils, slope, design storm) and marks what's left to check; free to read, $49 to download in Word. ePlan's own SWPPP page says a QSD still has to review, complete and certify it in California (ePlan's SWPPP page).
Fees for QSDs and what they usually include are in the SWPPP cost guide; the preparer rules in other states are in who can write a SWPPP.
Questions
Can I write my own SWPPP in California?
Only if you're a QSD. The permit requires a QSD to develop the SWPPP and every amendment. California-licensed professional engineers and geologists can self-certify; others take CASQA's course and exam after a prerequisite certification.
Does the State Water Board have a SWPPP template?
No. The Board's FAQ says it doesn't provide one, so dischargers and QSDs choose a format that meets the 2022 permit.
How much is the California construction stormwater fee?
$511 plus $54 per disturbed acre a year, capped at $11,311. The first year is paid with the NOI and later invoices follow each year while coverage lasts. A 1-acre site pays $565.
Related guides
- SWPPP template: which one your permit wants, and how to fill it in
- Who can write a SWPPP? QSDs, preparers and inspectors by state
- SWPPP cost: what a plan, the permit and the inspections cost
About this page
This guide is published by Winding AI, Inc., the company that makes ePlan, one of the ways to get a SWPPP drafted that this site compares. We make money when someone pays ePlan to download a document or subscribes; we earn nothing from links to agencies or other products, and links to ePlan carry a tag so ePlan can count visits from here. Every fact on this page was read from the source it links to on the date shown above.