The Run-Off Report: Accountability at the Helm — The Critical Role of the LRP Under the 2022 CGP

The 2022 Construction General Permit (Order WQ 2022-0057-DWQ) has brought about a significant tightening of roles, responsibilities, and expectations within the construction stormwater compliance ecosystem. At the center of this regulatory structure is the Legally Responsible Person (LRP) — an often underappreciated title that now bears even greater weight under the updated permit. In a time of increasing regulatory scrutiny, digital transparency, and watershed sensitivity — especially in high-priority regions like the North Coast (Region 1) — understanding and fulfilling the LRP role is no longer a box to check. It’s a strategic position that can determine whether a project remains in compliance or becomes subject to costly violations and reputational risk.

Who Is the LRP, Really?

Under the 2022 CGP, the LRP is the person or entity with ultimate legal responsibility for permit compliance. This is not simply an administrative contact. The LRP is typically:

• The permittee for a private entity (e.g., a developer, builder, or landowner),

• A designated executive within a public agency,

• Or the signatory authority of a firm overseeing the project’s environmental compliance.

While the Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) carry out day-to-day technical functions, the LRP owns the permit — and by extension, owns all liabilities associated with non-compliance.

What's New for LRPs Under the 2022 CGP?

1. Digital Accountability via SMARTS

The new CGP is deeply integrated with the Storm Water Multiple Application and Report Tracking System (SMARTS). The LRP is responsible for:

• Certifying all submitted documents, including SWPPPs, REAPs, Annual Reports, and NOTs,

• Ensuring submittals are timely, complete, and accurate,

• Designating a Duly Authorized Representative (DAR) if needed, with the understanding that accountability ultimately remains with the LRP.

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SMARTS tracks who submitted what — and when. There's no hiding from delayed uploads or falsified data. The system binds the LRP’s digital signature to regulatory compliance.

2. Enhanced Risk, Enhanced Liability

Under the 2022 CGP, projects are more frequently classified as Risk Level 2 or 3, especially in environmentally sensitive areas. That means:

• Increased inspections, monitoring, and reporting,

• TMDL compliance and watershed-specific BMPs,

• Potential enforcement of Numeric Effluent Limitations (NELs).

As LRP, you’re not just responsible for understanding these risks — you’re required to resource your team accordingly. Budget cuts or staffing delays are not valid excuses under enforcement proceedings.

3. Enforcement Can (and Does) Target LRPs Directly

The Regional Water Quality Control Boards — including Region 1 — have been clear:

Notice of Violations (NOVs), Cleanup and Abatement Orders (CAOs), and Administrative Civil Liabilities (ACLs) can and will name LRPs individually when gross negligence or repeated non-compliance is found. Whether you’re a city public works director or a private developer’s vice president, the enforcement trail leads to the person listed as the LRP in SMARTS.

How to Succeed as an LRP in the 2022 Era

✅ Own the Role — Don’t Delegate It Away

While technical experts may carry out inspections and sampling, you should:

• Regularly review reports and SMARTS submittals,

• Ask for BMP maintenance updates,

• Schedule occasional site walkthroughs to keep eyes on the field reality.

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✅ Designate Qualified Representatives — But Stay Engaged

Designating a Duly Authorized Representative (DAR) for routine tasks is permitted, but remember: The DAR doesn’t shield you from liability. Ensure they’re trained, responsive, and certified.

✅ Invest in Training and Culture

Promote a compliance-forward culture across your organization. When the field crew understands that the LRP takes stormwater compliance seriously, everyone does.

✅ Use the SWPPP as a Living Document

Ensure the SWPPP is not shelved — but updated, reviewed, and enforced. The LRP is required to certify that the SWPPP:

• Reflects site conditions,

• Is implemented correctly,

• And is revised when conditions change (e.g., grading shifts, BMP updates, or rainfall events).

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Why It Matters — Especially in Region 1

With impaired water bodies such as the Russian River, Eel River, and Laguna de Santa Rosa, Region 1 enforces a zero-tolerance approach to preventable sedimentation and stormwater pollution. The 2022 CGP now mandates project-specific TMDL compliance, often requiring more stringent monitoring and reporting.

As an LRP, you are the first line of defense — and the first person named — when a project in Region 1 impacts water quality.

Conclusion: The LRP as a Compliance Champion

The 2022 CGP is not just an updated permit; it is a regulatory shift toward accountability and performance. The LRP is no longer just a formality on a NOI — but the cornerstone of project compliance.

To all LRPs: Embrace the role, lead with integrity, and ensure that your sites aren’t just compliant — but environmentally responsible. The health of California’s waterways, and your project’s success, depend on it.