DelDOT Section 901: Erosion, Sediment…

901.1Description.

This work consists of implementing erosion and sediment control and stormwater management practices and techniques. 901.1.1 Definitions.

A.Daily Oversight – Review of project limits and guidance of construction personnel involved in land

disturbing activities.

B.Disturbed Area – An area where the contractor has disturbed the land, while performing the work,

and that may result in accelerated stormwater runoff and soil erosion.

C.Erosion, Sediment, and Stormwater Management (ES2M) Inspections – Compliance inspections of

the project site.

D.ES2M Certified Construction Site Reviewer (CCR) – An inspector of sediment and stormwater

controls certified by the Department of Natural Resources and Environmental Control (DNREC) and as appointed by the engineer.

E.Responsible Person – A foreman or superintendent in charge of on-site clearing and land

disturbing activities and for sediment and stormwater control.

F.Sediment and Stormwater Management Plan – The plan contained in the contract describing the

control of soil erosion, sedimentation, stormwater quantity, and water quality impacts resulting from land disturbing activities on the project.

G.Stormwater Pollution Prevention Plan (SWPPP) – The pollution prevention notes and details

contained in the Sediment and Stormwater Management Plan.

901.2Materials.

Not applicable.

901.3Construction.

901.3.1 Legal Authority.

A.Comply with:

1.Chapters 40 and 60 of Title 7 of the Delaware Code;

2.Title 7 Natural Resources and Environmental Control Delaware Administrative Code 7201

Regulations Governing Control of Water Pollution, Section 9;

3.Title 7 Natural Resources and Environmental Control Delaware Administrative Code 5101

Sediment and Stormwater Regulations; and

4.The NPDES General Permit Program for Stormwater Discharges Associated with Construction

Activities.

5.https://dnrec.alpha.delaware.gov/watershed-stewardship/sediment-stormwater/

901.3.2 Contractor Responsibility.

A.Install and maintain Stormwater Management Facilities and Post-Construction Stormwater

Management systems in accordance with the Sediment and Stormwater Management Plan.

B.Comply with the requirements of Chapter 60 of Title 7 including the current Delaware

Construction General Permit.

C.Provide documentation to certify that the responsible person, defined in Section 901.1.1.E., has a

valid DNREC Contractor Training Program (Blue Card) certification before beginning land disturbing activities.

D.Ensure that the responsible person oversees implementation of the Sediment and Stormwater

Management Plan and provides daily oversight and guidance to construction personnel during land disturbing activities.

E.Provide property owner consent and an approved Erosion & Sediment Control Plan prior to use of

offsite stockpiling.

F.The contractor may be subject to violations or fines received from regulatory agencies as a result

of site conditions.

G.Co-Permitting

1.For contracts involving land disturbing activities subject to the provisions of Section 901.3.1, file

as a Co-Permittee on the original Notice of Intent under DNREC’s Construction General Permit for the project. File as a Co-Permittee after receipt of the contract award notice as a condition of contract execution. Upon contract execution, assume responsibility for implementing and complying with the approved Sediment and Stormwater Management Plan.

2.In accordance with DNREC’s Construction General Permit, install notice of permit coverage as

directed by the engineer. The notice will be legible, publicly accessible, and protected from the weather. Posting of permit coverage and maintenance is incidental to the contract.

3.Co-Permittee permit coverage will not be terminated until applicable as-built documentation for

permanent stormwater management has been verified and final stabilization has been accepted by the Department and the Division of Maintenance and Operations has issued the final project acceptance letter. Permit fees are annual, charged on July 1.

H.Designate a certified Erosion & Sediment Control (ESC) supervisor who:

1.Is a foreperson or superintendent;

2.is the responsible person for land disturbing activities;

3.provides daily oversight and guidance for implementing and maintaining the Sediment and

Stormwater Management Plan, corrects deficiencies, and coordinates deviations from the approved plan for redline plan preparation and approval;

4.completes the required daily Erosion & Sediment Control oversight;

5.accompanies DelDOT's ES2M CCR on ES2M Inspections;

6.attends the Erosion and Sediment pre-construction meeting, if held, and exchanges contact

information with the ES2M CCR;

7.possesses and maintains a DNREC certified Blue Card or a DNREC certified CCR card for the

project duration; and

8.contacts the ES2M CCR a minimum of 48 hours before land disturbing activities begin to

schedule an initial inspection of perimeter controls for the next phase. 901.3.3 Maintain Erosion and Sediment Control Measures. Maintain erosion and sediment control items continuously throughout the project duration, including periods when the project is inactive or suspended. Repair, replace, or maintain erosion and sediment control devices promptly as noted during the ES2M Inspection or as directed by the engineer. Maintain erosion and sediment control devices until construction phasing or stabilization allow the removal of those controls as determined by the engineer. 901.3.4 Failure to Implement or Maintain Erosion and Sediment Control Measures. If the contractor fails to perform the work as described in the approved Sediment and Stormwater Management Plan, the ES2M Report, or in writing from the engineer, the engineer may take any or all of the actions described as follows, including suspending all or part of the work, in accordance with Section 105.1, withholding progress payments in accordance with Section 109.8, or performing maintenance with DelDOT forces, or third party forces, and deducting the costs from monies due or to become due to the contractor, in accordance with Section 105.13. 901.3.5 Fines Resulting from Non-Compliance. If the DNREC, the USACOE, or the EPA fine the Department as a result of the contractor's failure to implement and maintain the Sediment and Stormwater Management Plan and SWPPP, the Department will require the contractor to pay the fines directly or the Department will deduct the fines from monies due the contractor.

901.4Method of Measurement.

The Department will not measure this item.

901.5Basis of Payment.

The Department will consider costs associated with the provisions in this Section 901 as incidental to the contract.

Referenced in this section

Get an email when 901 changes

Delaware revises spec sections through supplementals and new editions. We check this one every week and email you the day it changes. Free, no account.

Source: Delaware Standard Specifications for Road and Bridge Construction, 2026 Edition. Pages 585–0 of 786. View official source ↗

← Previous

868 PAVEMENT MARKING REMOVAL

902 PUMPING OR DEWATERING OPERATIONS

901EROSION, SEDIMENT, AND STORMWATER MANAGEMENT

Ask about Section 901