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Municipalities, state and NRCD weigh strategies to tighten erosion and sediment control enforcement
Summary
Subcommittee members described recurring EPSC compliance problems—misplaced silt fences, plans not updated for midpoint conditions—and discussed tighter MS4 permit language, better State–town coordination, required documentation, and more contractor training.
Members of the Chittenden County MS4 Subcommittee spent a substantial portion of the Sept. 6 meeting discussing erosion and sediment control (EPSC) enforcement challenges across member municipalities.
Dave Wheeler, South Burlington representative, said enforcement has been a persistent problem: silt fences are often installed improperly and do not follow site contours, and submitted EPSC plans sometimes show only a simple rectangle at the property line rather than phase‑specific measures. Wheeler said midpoint inspections and as‑built updates are not always done and that contractors need to update and submit EPSC plan revisions.
Christy Witters of the Vermont Department of Environmental Conservation said the agency will work to improve coordination between State inspections and municipal inspections and plans to tighten construction inspection language in the new MS4 permit. “We will also tighten up language in the new MS4 permit regarding Construction Inspection requirements,” Witters said, and expressed support for more contractor training.
Christine Dougherty, representing Williston, suggested DEC post construction notices to the online Environmental Notice Board so towns could view site plans without special requests, and recommended separate plan sets for each construction phase (grading/cutting, initial BMPs, interim BMPs, final BMPs). Dougherty also noted that while inspections are required, municipalities do not always have a requirement to document those inspections and that some towns use withholding of Certificates of Occupancy as leverage when EPSC is not being followed.
James Sherrard, representing Burlington, said his city has an ordinance but needs stronger enforcement; he suggested using video of sediment discharge to show contractors noncompliance. Sherrard also reported contractors sometimes assert that items not specified in bid lists are not enforceable.
Members agreed to continue the EPSC discussion at the October meeting and to explore enforcement tools, including tickets, training, and coordination with State staff and permit language changes.
