NPDES
General
Permit
for
Storm
Water
Discharges
From
Construction
Activities
Table
of
Contents
COVER
PAGE............................................................................................................................................................
1
PART
1:
COVERAGE
UNDER
THIS
PERMIT
.........................................................................................................
2
1.1
Introduction................................................................................................................................................
2
1.2
Permit
Area
...............................................................................................................................................
2
1.3
Eligibility
....................................................................................................................................................
2
1.4
Waivers
for
Certain
Small
Construction
Activities.....................................................................................
5
PART
2:
AUTHORIZATION
FOR
DISCHARGES
OF
STORM
WATER
FROM
CONSTRUCTION
ACTIVITY......
5
2.1
Authorization
to
Discharge
Date
...............................................................................................................
5
2.2
Notice
of
Intent
Contents...........................................................................................................................
5
2.3
Submission
Deadlines...............................................................................................................................
6
2.4
Where
to
Submit........................................................................................................................................
7
PART
3:
STORM
WATER
POLLUTION
PREVENTION
PLANS
(
SWPPPS)..........................................................
7
3.1
Storm
Water
Pollution
Prevention
Plan
Framework..................................................................................
7
3.2
Requirements
for
Different
Types
of
Operators
........................................................................................
7
3.3
Pollution
Prevention
Plan
Contents:
Site
and
Activity
Description............................................................
8
3.4
Pollution
Prevention
Plan
Contents:
Controls
to
Reduce
Pollutants.........................................................
9
3.5
Non­
Storm
Water
Discharge
Management...............................................................................................
9
3.6
Maintenance
of
Controls
...........................................................................................................................
9
3.7
Documentation
of
Permit
Eligibility
Related
to
Endangered
Species
.....................................................
10
3.8
Copy
of
Permit
Requirements
.................................................................................................................
10
3.9
Applicable
State,
Tribal,
or
Local
Programs............................................................................................
10
3.10
Inspections
..............................................................................................................................................
10
3.11
Maintaining
an
Updated
Plan
..................................................................................................................
11
3.12
Signature,
Plan
Review
and
Making
Plans
Available
.............................................................................
12
3.13
Management
Practices
...........................................................................................................................
12
3.14
Documentation
of
Permit
Eligibility
Related
to
Total
Maximum
Daily
Loads
..........................................
13
PART
4:
SPECIAL
CONDITIONS,
MANAGEMENT
PRACTICES
AND
OTHER
NON­
NUMERIC
LIMITATIONS
..........................................................................................................................................
13
4.1
Continuation
of
the
Expired
General
Permit
...........................................................................................
13
4.2
Requiring
an
Individual
Permit
or
an
Alternative
General
Permit
...........................................................
14
4.3
Releases
in
Excess
of
Reportable
Quantities.........................................................................................
14
4.4
Spills........................................................................................................................................................
14
4.5
Attainment
of
Water
Quality
Standards
After
Authorization....................................................................
15
PART
5:
TERMINATION
OF
COVERAGE.............................................................................................................
15
5.1
Requirements..........................................................................................................................................
15
5.2
Submitting
a
Notice
of
Termination.........................................................................................................
15
5.3
Where
to
Submit......................................................................................................................................
16
PART
6:
RETENTION
OF
RECORDS....................................................................................................................
16
Small
and
Large
Construction
Activities
i
PART
7:
REOPENER
CLAUSE
.............................................................................................................................
16
7.1
Procedures
for
Modification
or
Revocation
.............................................................................................
16
7.2
Water
Quality
Protection
.........................................................................................................................
16
7.3
Timing
of
Permit
Modification..................................................................................................................
16
PART
8:
STANDARD
PERMIT
CONDITIONS.......................................................................................................
16
PART
9:
PERMIT
CONDITIONS
APPLICABLE
TO
SPECIFIC
STATES,
INDIAN
COUNTRY,
OR
TERRITORIES
.........................................................................................................................................
16
APPENDICES
Appendix
A
­
Definitions
and
Acronyms
.................................................................................................................
A­
1
Appendix
B
­
Permit
Areas
Eligible
for
Coverage...................................................................................................
B­
1
Appendix
C
­
Endangered
Species
Act
Review
Procedures..................................................................................
C­
1
Appendix
D
­
Small
Construction
Waivers
and
Instructions...................................................................................
D­
1
Appendix
E
­
Notice
of
Intent
Form
and
Instructions..............................................................................................
E­
1
Appendix
F
­
Notice
of
Termination
Form
and
Instructions....................................................................................
F­
1
Appendix
G
­
Standard
Permit
Conditions
............................................................................................................
G­
1
Small
and
Large
Construction
Activities
ii
General
Permit
National
Pollutant
Discharge
Elimination
System
General
Permit
for
Discharges
from
Large
and
Small
Construction
Activities
In
compliance
with
the
provisions
of
the
Clean
Water
Act,
33
U.
S.
C.
§
1251
et.
seq.,
(
hereafter
CWA
or
the
Act),
as
amended
by
the
Water
Quality
Act
of
1987,
P.
L.
100­
4,
operators
of
large
and
small
construction
activities
that
are
described
in
Subpart
1.3
of
this
National
Pollutant
Discharge
Elimination
System
(
NPDES)
general
permit,
except
for
those
activities
excluded
from
authorization
of
discharge
in
Subpart
1.3.
C
of
this
permit
are
authorized
to
discharge
pollutants
to
waters
of
the
United
States
in
accordance
with
the
conditions
and
requirements
set
forth
herein.
Permit
coverage
is
required
from
the
"
commencement
of
construction
activities"
until
"
final
stabilization"
as
defined
in
Appendix
A.

This
permit
shall
become
effective
on
July
1,
2003.
This
permit
and
the
authorization
to
discharge
shall
expire
at
midnight,
July
1,
2008.

Signed:

Linda
M.
Murphy,
Director,
Office
of
Ecosystem
Protection
EPA
Region
1
Kevin
Bricke,
Acting
Director,
Division
of
Environmental
Planning
and
Protection
EPA
Region
2
Carlos
E.
O'Neill,
P.
E.,
Acting
Division
Director,
Caribbean
Environmental
Protection
Division
EPA
Region
2
John
M.
Capacasa,
Director,
Water
Protection
Division
EPA
Region
3
Rebecca
Harvey,
Chief,
NPDES
Program
Branch
EPA
Region
5
Miguel
I.
Flores,
Director,
Water
Quality
Protection
Division
EPA
Region
6
Leo
J.
Alderman,
Director,
Water,
Wetlands,
and
Pesticides
Division
EPA
Region
7
Stephen
S.
Tuber,
Assistant
Regional
Administrator,
Office
of
Partnerships
and
Regulatory
Assistance
EPA
Region
8
Nancy
Woo,
Acting
Director,
Water
Division
EPA
Region
9
Randall
F.
Smith,
Director,
Office
of
Water
EPA
Region
10
The
signatures
are
for
the
permit
conditions
in
Parts
1
through
9
and
Appendices
A
through
G
and
for
any
additional
conditions
which
apply
to
facilities
located
in
the
corresponding
state,
Indian
country,
or
other
area.

Small
and
Large
Construction
Activities
1
General
Permit
PART
1:
COVERAGE
UNDER
THIS
PERMIT
1.1
Introduction
This
Construction
General
Permit
(
CGP)
authorizes
storm
water
discharges
from
large
and
small
construction
activities
that
result
in
a
total
land
disturbance
of
equal
to
or
greater
than
one
acre,
where
those
discharges
enter
surface
waters
of
the
United
States
or
a
municipal
separate
storm
sewer
system
(
MS4)
leading
to
surface
waters
of
the
United
States
subject
to
the
conditions
set
forth
in
this
permit.
This
permit
also
authorizes
storm
water
discharges
from
any
other
construction
activity
designated
by
EPA
where
EPA
makes
that
designation
based
on
the
potential
for
contribution
to
an
excursion
of
a
water
quality
standard
or
for
significant
contribution
of
pollutants
to
waters
of
the
United
States.
This
permit
replaces
two
permits
issued
in
1998
(
63
FR
7858,
February
17,
1998
for
EPA
Regions
1,
2,
3,
7,
8,
9,
and
10
and
63
FR
36489,
July
6,
1998
for
EPA
Region
6).
Any
references
to
the
1998
CGP
in
this
permit
refer
to
those
two
permits.

This
permit
is
presented
in
a
reader­
friendly,
plain
language
format.
This
permit
uses
the
terms
"
you"
and
"
your"
to
identify
the
person(
s)
who
owns
or
operates
a
"
facility"
or
"
activity"
as
defined
in
Appendix
A
and
who
must
comply
with
the
conditions
of
this
permit.
This
format
should
allow
you,
the
permittee
and
operator
of
a
large
or
small
construction
activity,
to
easily
locate
and
understand
applicable
requirements.

The
goal
of
this
permit
is
to
reduce
or
eliminate
storm
water
pollution
from
construction
activity
by
requiring
that
you
plan
and
implement
appropriate
pollution
control
practices
to
protect
water
quality.

1.2
Permit
Area
If
your
large
or
small
construction
activity
is
located
within
the
areas
listed
in
Appendix
B,
you
may
be
eligible
to
obtain
coverage
under
this
permit.
Permit
coverage
is
actually
provided
by
legally
separate
and
distinctly
numbered
permits
covering
each
of
the
areas
listed
in
Appendix
B.

1.3
Eligibility
Permit
eligibility
is
limited
to
discharges
from
"
large"
and
"
small"
construction
activity
as
defined
in
Appendix
A
or
as
otherwise
designated
by
EPA.
This
general
permit
contains
eligibility
restrictions,
as
well
as
permit
conditions
and
requirements.
You
may
have
to
take
certain
actions
to
be
eligible
for
coverage
under
this
permit.
In
such
cases,
you
must
continue
to
satisfy
those
eligibility
provisions
to
maintain
permit
authorization.
If
you
do
not
meet
the
requirements
that
are
a
pre­
condition
to
eligibility,
then
resulting
discharges
constitute
unpermitted
discharges.
By
contrast,
if
you
do
not
comply
with
the
requirements
of
the
general
permit,
you
may
be
in
violation
of
the
general
permit
for
your
otherwise
eligible
discharges.

A.
Allowable
Storm
Water
Discharges
Subject
to
compliance
with
the
terms
and
conditions
of
this
permit,
you
are
authorized
to
discharge
pollutants
in:

1.
Storm
water
associated
with
large
and
small
construction
activity
as
defined
in
Appendix
A;

2.
Storm
water
discharges
designated
by
EPA
as
needing
a
storm
water
permit
under
40
CFR
§
122.26(
a)(
1)(
v)
or
§
122.26(
b)(
15)(
ii);

3.
Discharges
from
support
activities
(
e.
g.,
concrete
or
asphalt
batch
plants,
equipment
staging
yards,
material
storage
areas,
excavated
material
disposal
areas,
borrow
areas)
provided:

a.
The
support
activity
is
directly
related
to
the
construction
site
required
to
have
NPDES
permit
coverage
for
discharges
of
storm
water
associated
with
construction
activity;

b.
The
support
activity
is
not
a
commercial
operation
serving
multiple
unrelated
construction
projects
by
different
operators,
and
does
not
operate
beyond
the
completion
of
the
construction
activity
at
the
last
construction
project
it
supports;
and
c.
Appropriate
controls
and
measures
are
identified
in
a
Storm
Water
Pollution
Prevention
Plan
(
SWPPP)
covering
the
discharges
from
the
support
activity
areas;
and
4.
Discharges
composed
of
allowable
discharges
listed
in
1.3.
A
and
1.3.
B
commingled
with
a
discharge
authorized
by
a
different
NPDES
permit
and/
or
a
discharge
that
does
not
require
NPDES
permit
authorization.

Small
and
Large
Construction
Activities
2
General
Permit
B.
Allowable
Non­
Storm
Water
Discharges
You
are
authorized
for
the
following
non­
storm
water
discharges,
provided
the
non­
storm
water
component
of
the
discharge
is
in
compliance
with
Subpart
3.5
(
Non­
Storm
Water
Discharge
Management):

1.
Discharges
from
fire­
fighting
activities;

2.
Fire
hydrant
flushings;

3.
Waters
used
to
wash
vehicles
where
detergents
are
not
used;

4.
Water
used
to
control
dust
in
accordance
with
Subpart
3.4.
G;

5.
Potable
water
including
uncontaminated
water
line
flushings;

6.
Routine
external
building
wash
down
that
does
not
use
detergents;

7.
Pavement
wash
waters
where
spills
or
leaks
of
toxic
or
hazardous
materials
have
not
occurred
(
unless
all
spilled
material
has
been
removed)
and
where
detergents
are
not
used;

8.
Uncontaminated
air
conditioning
or
compressor
condensate;

9.
Uncontaminated
ground
water
or
spring
water;

10.
Foundation
or
footing
drains
where
flows
are
not
contaminated
with
process
materials
such
as
solvents;

11.
Uncontaminated
excavation
dewatering;

12.
Landscape
irrigation.

C.
Limitations
on
Coverage
1.
This
permit
does
not
authorize
post­
construction
discharges
that
originate
from
the
site
after
construction
activities
have
been
completed
and
the
site
has
achieved
final
stabilization,
including
any
temporary
support
activity.
Post­
construction
storm
water
discharges
from
industrial
sites
may
need
to
be
covered
by
a
separate
NPDES
permit.

2.
This
permit
does
not
authorize
discharges
mixed
with
non­
storm
water.
This
exclusion
does
not
apply
to
discharges
identified
in
Subpart
1.3.
B,
provided
the
discharges
are
in
compliance
with
Subpart
3.5
(
Non­
Storm
Water
Discharge
Management).

3.
This
permit
does
not
authorize
storm
water
discharges
associated
with
construction
activity
that
have
been
covered
under
an
individual
permit
or
required
to
obtain
coverage
under
an
alternative
general
permit
in
accordance
with
Subpart
4.2.

4.
This
permit
does
not
authorize
discharges
that
EPA,
prior
to
authorization
under
this
permit,
determines
will
cause,
have
the
reasonable
potential
to
cause,
or
contribute
to
an
excursion
above
any
applicable
water
quality
standard.
Where
such
a
determination
is
made
prior
to
authorization,
EPA
may
notify
you
that
an
individual
permit
application
is
necessary
in
accordance
with
Subpart
4.2.
However,
EPA
may
authorize
your
coverage
under
this
permit
after
you
have
included
appropriate
controls
and
implementation
procedures
in
your
SWPPP
designed
to
bring
your
discharge
into
compliance
with
water
quality
standards.

5.
Discharging
into
Receiving
Waters
With
an
Approved
Total
Maximum
Daily
Load
Analysis
a.
You
are
not
eligible
for
coverage
under
this
permit
for
discharges
of
pollutants
of
concern
to
waters
for
which
there
is
a
total
maximum
daily
load
(
TMDL)
established
or
approved
by
EPA
unless
you
incorporate
into
your
SWPPP
measures
or
controls
that
are
consistent
with
the
assumptions
and
requirements
of
such
TMDL.
To
be
eligible
for
coverage
under
this
general
permit,
you
must
incorporate
into
your
SWPPP
any
conditions
applicable
to
your
discharges
necessary
for
consistency
with
the
assumptions
and
requirements
of
such
TMDL.
If
a
specific
wasteload
allocation
has
been
established
that
would
apply
to
your
discharge,
you
must
incorporate
that
allocation
into
your
SWPPP
and
implement
necessary
steps
to
meet
that
allocation.

b.
In
a
situation
where
an
EPA­
approved
or
established
TMDL
has
specified
a
general
wasteload
allocation
applicable
to
construction
storm
water
discharges,
but
no
specific
requirements
for
construction
sites
have
been
identified
in
the
TMDL,
you
should
consult
with
the
State
or
Federal
TMDL
authority
to
confirm
that
adherence
to
a
SWPPP
that
meets
the
requirements
of
the
CGP
will
be
consistent
with
the
approved
TMDL.
Where
an
EPA­
approved
or
established
TMDL
has
not
Small
and
Large
Construction
Activities
3
General
Permit
specified
a
wasteload
allocation
applicable
to
construction
storm
water
discharges,
but
has
not
specifically
excluded
these
discharges,
adherence
to
a
SWPPP
that
meets
the
requirements
of
the
CGP
will
generally
be
assumed
to
be
consistent
with
the
approved
TMDL.
If
the
EPA­
approved
or
established
TMDL
specifically
precludes
such
discharges,
the
operator
is
not
eligible
for
coverage
under
the
CGP.

6.
Endangered
and
Threatened
Species
and
Critical
Habitat
Protection
a.
Coverage
under
this
permit
is
available
only
if
your
storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
discharge­
related
activities,
as
defined
in
Appendix
A,
are
not
likely
to
jeopardize
the
continued
existence
of
any
species
that
are
federally­
listed
as
endangered
or
threatened
("
listed")
under
the
Endangered
Species
Act
(
ESA)
or
result
in
the
adverse
modification
or
destruction
of
habitat
that
is
federally­
designated
as
critical
under
the
ESA
("
critical
habitat").

b.
You
are
not
eligible
to
discharge
if
the
storm
water
discharges,
allowable
non­
storm
water
discharges,
or
storm
water
discharge­
related
activities
would
cause
a
prohibited
"
take"
of
federally­
listed
endangered
or
threatened
species
(
as
defined
under
section
3
of
the
ESA
and
50
CFR
17.3),
unless
such
takes
are
authorized
under
sections
7
or
10
of
the
ESA.

c.
Determining
Eligibility:
You
must
use
the
process
in
Appendix
C
(
ESA
Review
Procedures)
to
determine
eligibility
PRIOR
to
submittal
of
the
Notice
of
Intent
(
NOI).
You
must
meet
one
or
more
of
the
following
six
criteria
(
A­
F)
for
the
entire
term
of
coverage
under
the
permit:

Criterion
A.
No
federally­
listed
threatened
or
endangered
species
or
their
designated
critical
habitat
are
in
the
project
area
as
defined
in
Appendix
C;
or
Criterion
B.
Formal
consultation
with
the
Fish
and
Wildlife
Service
and/
or
the
National
Marine
Fisheries
Service
under
section
7
of
the
ESA
has
been
concluded
and
that
consultation:

i.
Addressed
the
effects
of
the
project's
storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
discharge­
related
activities
on
federally­
listed
threatened
or
endangered
species
and
federally­
designated
critical
habitat,
and
ii.
The
consultation
resulted
in
either:

a.
Biological
opinion
finding
no
jeopardy
to
federally­
listed
species
or
destruction/
adverse
modification
of
federally­
designated
critical
habitat,
or
b.
written
concurrence
from
the
Service(
s)
with
a
finding
that
the
storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
dischargerelated
activities
are
not
likely
to
adversely
affect
federally­
listed
species
or
federally­
designated
critical
habitat;
or
Criterion
C.
Informal
consultation
with
the
Fish
and
Wildlife
Service
and/
or
the
National
Marine
Fisheries
Service
under
section
7
of
the
ESA
has
been
concluded
and
that
consultation:

i.
Addressed
the
effects
of
the
project's
storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
discharge­
related
activities
on
federally­
listed
threatened
or
endangered
species
and
federally­
designated
critical
habitat,
and
ii.
The
consultation
resulted
in
either:

a.
Biological
opinion
finding
no
jeopardy
to
federally­
listed
species
or
destruction/
adverse
modification
of
federally­
designated
critical
habitat,
or
b.
written
concurrence
from
the
Service(
s)
with
a
finding
that
the
storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
dischargerelated
activities
are
not
likely
to
adversely
affect
federally­
listed
species
or
federally­
designated
critical
habitat;
or
Criterion
D.
The
construction
activities
are
authorized
through
the
issuance
of
a
permit
under
section
10
of
the
ESA,
and
that
authorization
addresses
the
effects
of
the
storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
discharge­
related
activities
on
federally­
listed
species
and
federally­
designated
critical
habitat;
or
Criterion
E.
Storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
discharge­
related
activities
are
not
likely
to
adversely
affect
any
federally­
listed
Small
and
Large
Construction
Activities
4
General
Permit
threatened
or
endangered
species
or
result
in
the
destruction
or
adverse
modification
of
federally­
designated
critical
habitat;
or
Criterion
F.
The
project's
storm
water
discharges,
allowable
non­
storm
water
discharges,
and
storm
water
discharge­
related
activities
were
already
addressed
in
another
operator's
valid
certification
of
eligibility
under
Criteria
A­
E
which
included
your
construction
activities
and
there
is
no
reason
to
believe
that
federally­
listed
species
or
federally­
designated
critical
habitat
not
considered
in
the
prior
certification
may
be
present
or
located
in
the
project
area.
By
certifying
eligibility
under
this
criterion,
you
agree
to
comply
with
any
measures
or
controls
upon
which
the
other
operator's
certification
was
based.

You
must
comply
with
any
applicable
terms,
conditions,
or
other
requirements
developed
in
the
process
of
meeting
the
eligibility
requirements
of
the
criteria
in
this
section
to
remain
eligible
for
coverage
under
this
permit.
Such
terms
and
conditions
must
be
documented
and
incorporated
into
your
SWPPP.

7.
Historic
Properties
[
Reserved]

You
are
reminded
that
you
must
comply
with
applicable
state,
tribal
and
local
laws
concerning
the
protection
of
historic
properties
and
places.

1.4
Waivers
for
Certain
Small
Construction
Activities
Three
scenarios
exist
under
which
small
construction
activities
(
see
definition
in
Appendix
A)
may
be
waived
from
the
NPDES
permitting
requirements
detailed
in
this
general
permit.
These
exemptions
are
predicated
on
certain
criteria
being
met
and
proper
notification
procedures
being
followed.
Details
of
the
waiver
options
and
procedures
for
requesting
a
waiver
are
provided
in
Appendix
D.

PART
2:
AUTHORIZATION
FOR
DISCHARGES
OF
STORM
WATER
FROM
CONSTRUCTION
ACTIVITY
To
obtain
coverage
under
this
general
permit,
you,
the
operator,
must
prepare
and
submit
a
complete
and
accurate
Notice
of
Intent
(
NOI),
as
described
in
this
Part.
Discharges
are
not
authorized
if
your
NOI
is
incomplete
or
inaccurate
or
if
you
were
never
eligible
for
permit
coverage.

2.1
Authorization
to
Discharge
Date
This
permit
is
effective
as
of
the
publication
date
in
the
Federal
Register
and
is
effective
for
five
years,
expiring
at
midnight
on
the
anniversary
of
publication
in
the
fifth
year.

A.
If
you
submit
an
NOI
during
the
first
90
days
after
the
issuance
date
of
this
permit
you
are
authorized
to
discharge
storm
water
from
construction
activities
under
the
terms
and
conditions
of
this
permit
seven
(
7)
calendar
days
after
submittal
to
EPA
of
a
complete
and
accurate
NOI
(
i.
e.,
7
days
from
date
of
postmark),
except
as
noted
in
Subpart
2.1.
C.

B.
If
you
submit
an
NOI
after
the
first
90
days
of
this
permit
and
prior
to
the
expiration
date
of
this
permit,
you
are
authorized
to
discharge
storm
water
from
construction
activities
under
the
terms
and
conditions
of
this
permit
seven
(
7)
calendar
days
after
acknowledgment
of
receipt
of
your
complete
NOI
is
posted
on
EPA's
NPDES
website
http://
www.
epa.
gov/
npdes/
stormwater/
cgp,
except
as
noted
in
Subpart
2.1.
C.

C.
EPA
may
delay
your
authorization
based
on
eligibility
considerations
of
Subpart
1.3
(
e.
g.,
ESA
concerns).
In
these
instances,
you
are
not
authorized
for
coverage
under
this
permit
until
you
receive
notice
from
EPA
of
your
eligibility.

2.2
Notice
of
Intent
Contents
A.
You
must
use
the
NOI
form
provided
in
Appendix
E
(
or
a
photocopy
thereof)
and
available
at
www.
epa.
gov/
npdes/
stormwater/
cgp.
If
EPA
makes
other
NOI
forms
available
(
either
directly,
by
public
notice,
or
by
making
information
available
on
the
Internet),
you
may
take
advantage
of
any
of
those
options
to
satisfy
the
NOI
use
requirements
of
this
Subpart.

B.
You
must
provide
the
following
information
on
the
NOI
form:

1.
The
applicable
permit
number
for
which
you
are
requesting
coverage
(
See
Appendix
B);

Small
and
Large
Construction
Activities
5
General
Permit
2.
Operator
name,
address,
telephone
number,
and
Employer
Identification
Number
(
EIN)
as
established
by
the
U.
S.
Internal
Revenue
Service;

3.
Project/
Site
name,
address,
county
or
similar
governmental
subdivision,
and
latitude/
longitude
of
your
construction
project
or
site;

4.
Whether
your
site
is
located
in
Indian
country
and
if
so,
the
name
of
the
Reservation,
if
applicable;

5.
Whether
the
SWPPP
has
been
prepared
in
advance
of
filing
of
this
NOI
and
the
location
where
the
applicable
SWPPP
may
be
viewed;

6.
Name
of
the
water(
s)
of
the
U.
S.
into
which
your
site
discharges;

7.
Indication
whether
your
discharge
is
consistent
with
the
assumptions
and
requirements
of
applicable
EPA
approved
or
established
TMDLs;

8.
Estimated
dates
of
commencement
of
construction
activity
and
final
stabilization
(
i.
e.,
project
start
and
completion
dates);

9.
Total
acreage
(
to
the
nearest
quarter
acre)
to
be
disturbed
for
which
you
are
requesting
permit
coverage;

10.
Whether
any
federally­
listed
threatened
or
endangered
species,
or
federally­
designated
critical
habitat
are
in
your
project
area
to
be
covered
by
this
permit,
and
the
basis
for
certifying
eligibility
for
permit
coverage
based
on
the
instructions
in
Appendix
C;

11.
A
certification
statement,
signed
and
dated
by
an
authorized
representative
as
defined
in
Appendix
G,
Section
11,
and
the
name
and
title
of
that
authorized
representative.

2.3
Submission
Deadlines
A.
New
Projects:
To
obtain
coverage
under
this
permit,
you
must
submit
a
complete
and
accurate
NOI
and
be
authorized
consistent
with
Subpart
2.1
prior
to
your
commencement
of
construction
activities.

B.
Permitted
Ongoing
Projects
(
only
applicable
for
first
90
days
after
this
permit
is
issued):
If
you
previously
received
authorization
to
discharge
for
your
project
under
the
1998
CGP
and
you
wish
to
continue
coverage
under
this
permit:

1.
Except
as
noted
in
2.3.
B.
2,
you
must:

1.
Submit
an
NOI
within
90
days
of
the
issuance
date
of
this
permit,
and
2.
Until
you
are
authorized
under
this
permit
consistent
with
Subpart
2.1,
comply
with
the
terms
and
conditions
of
the
1998
CGP
under
which
you
were
previously
authorized.

2.
If
you
meet
the
termination
of
coverage
requirements
in
accordance
with
Subpart
5.1
within
90
days
of
the
issuance
date
of
this
permit
(
e.
g.,
construction
will
be
finished
and
final
stabilization
achieved)
you
must:

1.
Submit
an
NOT
consistent
with
the
2003
CGP
using
the
NOT
form
provided
in
Appendix
F,
and
2.
Until
coverage
is
no
longer
required,
comply
with
the
terms
and
conditions
of
the
1998
CGP
under
which
you
were
previously
authorized.

C.
Unpermitted
Ongoing
Projects
(
only
applicable
for
first
90
days
after
this
permit
is
issued):
If
you
previously
did
not
receive
authorization
to
discharge
for
your
project
under
the
1998
CGP
and
you
wish
to
obtain
coverage
under
this
permit:

1.
Except
as
noted
in
2.3.
C.
2,
you
must:

1.
Submit
an
NOI
within
90
days
of
the
issuance
date
of
this
permit,
and
2.
Until
you
are
authorized
under
this
permit
consistent
with
Subpart
2.1,
comply
with
an
interim
Storm
Water
Pollution
Prevention
Plan
(
SWPPP)
consistent
with
the
1998
CGP.

2.
If
you
meet
the
termination
of
coverage
requirements
in
accordance
with
Subpart
5.1
within
90
days
of
the
issuance
date
of
this
permit
(
e.
g.,
construction
will
be
finished
and
final
stabilization
achieved)
you
must
comply
with
an
interim
Storm
Water
Pollution
Prevention
Plan
(
SWPPP)
consistent
with
the
1998
CGP
until
permit
coverage
is
no
longer
required.

Small
and
Large
Construction
Activities
6
General
Permit
D.
Late
Notifications:
Operators
are
not
prohibited
from
submitting
NOIs
after
initiating
clearing,
grading,
excavation
activities,
or
other
construction
activities.
When
a
late
NOI
is
submitted,
authorization
for
discharges
occurs
consistent
with
Subpart
2.1.
The
Agency
reserves
the
right
to
take
enforcement
action
for
any
unpermitted
discharges
or
permit
noncompliance
that
occur
between
the
commencement
of
construction
and
discharge
authorization.

2.4
Where
to
Submit
A.
Except
as
noted
in
Subpart
2.3.
B,
you
must
send
your
complete
and
accurate
NOI
to
EPA
at
one
of
the
following
addresses:

For
Regular
U.
S.
Mail
Delivery:
EPA
Storm
Water
Notice
Processing
Center
Mail
Code
4203M
U.
S.
EPA
1200
Pennsylvania
Avenue,
NW
Washington,
DC
20460
For
Overnight/
Express
Mail
Delivery:
EPA
Storm
Water
Notice
Processing
Center
Room
7420
U.
S.
EPA
1201
Constitution
Avenue,
NW
Washington,
DC
20004
B.
In
lieu
of
Subpart
2.4.
A,
when
available,
you
may
submit
your
NOI
using
EPA's
electronic
NOI
system
(
i.
e.,
eNOI)
as
detailed
at
www.
epa.
gov/
npdes/
stormwater/
cgp.

PART
3:
STORM
WATER
POLLUTION
PREVENTION
PLANS
(
SWPPPS)

3.1
Storm
Water
Pollution
Prevention
Plan
Framework
A.
A
SWPPP
must
be
prepared
prior
to
submission
of
an
NOI
as
required
in
Part
2.
At
least
one
SWPPP
must
be
developed
for
each
construction
project
covered
by
this
permit
and
such
SWPPP
must
be
prepared
in
accordance
with
good
engineering
practices.

B.
The
SWPPP
must:

1.
Identify
all
potential
sources
of
pollution
which
may
reasonably
be
expected
to
affect
the
quality
of
storm
water
discharges
from
the
construction
site;

2.
Describe
practices
to
be
used
to
reduce
pollutants
in
storm
water
discharges
from
the
construction
site;
and
3.
Assure
compliance
with
the
terms
and
conditions
of
this
permit.

C.
Once
a
definable
area
has
been
finally
stabilized,
you
may
mark
this
on
your
SWPPP
and
no
further
SWPPP
or
inspection
requirements
apply
to
that
portion
of
the
site
(
e.
g.,
earth­
disturbing
activities
around
one
of
three
buildings
in
a
complex
are
done
and
the
area
is
finally
stabilized,
one
mile
of
a
roadway
or
pipeline
project
is
done
and
finally
stabilized,
etc).

D.
You
must
implement
the
SWPPP
as
written
from
commencement
of
construction
activity
until
final
stabilization
is
complete.

3.2
Requirements
for
Different
Types
of
Operators
You
may
meet
one
or
both
of
the
operational
control
components
in
the
definition
of
operator
found
in
Appendix
A.
Subpart
3.2.
C
applies
to
all
permittees
having
control
over
only
a
portion
of
a
construction
site.

A.
If
you
have
operational
control
over
construction
plans
and
specifications,
you
must
ensure
that:

1.
The
project
specifications
meet
the
minimum
requirements
of
this
Subpart
and
all
other
applicable
permit
conditions;

2.
The
SWPPP
indicates
the
areas
of
the
project
where
the
operator
has
operational
control
over
project
specifications,
including
the
ability
to
make
modifications
in
specifications;

3.
All
other
permittees
implementing
portions
of
the
SWPPP
(
or
their
own
SWPPP)
who
may
be
impacted
by
a
change
to
the
construction
plan
are
notified
of
such
changes
in
a
timely
manner;
and
4.
The
SWPPP
indicates
the
name
of
the
party(
ies)
with
day­
to­
day
operational
control
of
those
activities
necessary
to
ensure
compliance
with
the
SWPPP
or
other
permit
conditions.

Small
and
Large
Construction
Activities
7
General
Permit
B.
If
you
have
operational
control
over
day­
to­
day
activities,
you
must
ensure
that:

1.
The
SWPPP
meets
the
minimum
requirements
of
this
Subpart
and
identifies
the
parties
responsible
for
implementation
of
control
measures
identified
in
the
plan;

2.
The
SWPPP
indicates
areas
of
the
project
where
you
have
operational
control
over
day­
to­
day
activities;

3.
The
SWPPP
indicates
the
name
of
the
party(
ies)
with
operational
control
over
project
specifications
(
including
the
ability
to
make
modifications
in
specifications).

C.
If
you
have
operational
control
over
only
a
portion
of
a
larger
project
(
e.
g.,
one
of
four
homebuilders
in
a
subdivision),
you
are
responsible
for
compliance
with
all
applicable
terms
and
conditions
of
this
permit
as
it
relates
to
your
activities
on
your
portion
of
the
construction
site,
including
protection
of
endangered
species,
critical
habitat,
and
historic
properties,
and
implementation
of
best
management
practices
(
BMPs)
and
other
controls
required
by
the
SWPPP.
You
must
ensure
either
directly
or
through
coordination
with
other
permittees,
that
your
activities
do
not
render
another
party's
pollution
control
ineffective.
You
must
either
implement
your
portion
of
a
common
SWPPP
or
develop
and
implement
your
own
SWPPP.

For
more
effective
coordination
of
BMPs
and
opportunities
for
cost
sharing,
a
cooperative
effort
by
the
different
operators
at
a
site
to
prepare
and
participate
in
a
comprehensive
SWPPP
is
encouraged.
Individual
operators
at
a
site
may,
but
are
not
required
to,
develop
separate
SWPPPs
that
cover
only
their
portion
of
the
project
provided
reference
is
made
to
other
operators
at
the
site.
In
instances
where
there
is
more
than
one
SWPPP
for
a
site,
cooperation
between
the
permittees
is
encouraged
to
ensure
the
storm
water
discharge
controls
and
other
measures
are
consistent
with
one
another
(
e.
g.,
provisions
to
protect
listed
species
and
critical
habitat).

3.3
Pollution
Prevention
Plan
Contents:
Site
and
Activity
Description
A.
The
SWPPP
must
identify
all
operators
for
the
project
site,
and
the
areas
of
the
site
over
which
each
operator
has
control.

B.
The
SWPPP
must
describe
the
nature
of
the
construction
activity,
including:

1.
The
function
of
the
project
(
e.
g.,
low
density
residential,
shopping
mall,
highway,
etc.);

2.
The
intended
sequence
and
timing
of
activities
that
disturb
soils
at
the
site;

3.
Estimates
of
the
total
area
expected
to
be
disturbed
by
excavation,
grading,
or
other
construction
activities,
including
dedicated
off­
site
borrow
and
fill
areas;
and
4.
A
general
location
map
(
e.
g.,
USGS
quadrangle
map,
a
portion
of
a
city
or
county
map,
or
other
map)
with
enough
detail
to
identify
the
location
of
the
construction
site
and
waters
of
the
United
States
within
one
mile
of
the
site.

C.
The
SWPPP
must
contain
a
legible
site
map,
showing
the
entire
site,
identifying:

1.
Direction(
s)
of
storm
water
flow
and
approximate
slopes
anticipated
after
major
grading
activities;

2.
Areas
of
soil
disturbance
and
areas
that
will
not
be
disturbed;

3.
Locations
of
major
structural
and
nonstructural
BMPs
identified
in
the
SWPPP;

4.
Locations
where
stabilization
practices
are
expected
to
occur;

5.
Locations
of
off­
site
material,
waste,
borrow
or
equipment
storage
areas;

6.
Locations
of
all
waters
of
the
United
States
(
including
wetlands);

7.
Locations
where
storm
water
discharges
to
a
surface
water;
and
8.
Areas
where
final
stabilization
has
been
accomplished
and
no
further
construction­
phase
permit
requirements
apply.

D.
The
SWPPP
must
describe
and
identify
the
location
and
description
of
any
storm
water
discharge
associated
with
industrial
activity
other
than
construction
at
the
site.
This
includes
storm
water
discharges
from
dedicated
asphalt
plants
and
dedicated
concrete
plants,
that
are
covered
by
this
permit.

Small
and
Large
Construction
Activities
8
General
Permit
3.4
Pollution
Prevention
Plan
Contents:
Controls
to
Reduce
Pollutants
A.
The
SWPPP
must
include
a
description
of
all
pollution
control
measures
(
i.
e.,
BMPs)
that
will
be
implemented
as
part
of
the
construction
activity
to
control
pollutants
in
storm
water
discharges.
For
each
major
activity
identified
in
the
project
description
the
SWPPP
must
clearly
describe
appropriate
control
measures,
the
general
sequence
during
the
construction
process
in
which
the
measures
will
be
implemented,
and
which
operator
is
responsible
for
the
control
measure's
implementation.

B.
The
SWPPP
must
include
a
description
of
interim
and
permanent
stabilization
practices
for
the
site,
including
a
schedule
of
when
the
practices
will
be
implemented.
Site
plans
should
ensure
that
existing
vegetation
is
preserved
where
possible
and
that
disturbed
portions
of
the
site
are
stabilized.
Use
of
impervious
surfaces
for
stabilization
should
be
avoided.

C.
The
following
records
must
be
maintained
as
part
of
the
SWPPP:

1.
Dates
when
major
grading
activities
occur;

2.
Dates
when
construction
activities
temporarily
or
permanently
cease
on
a
portion
of
the
site;
and
3.
Dates
when
stabilization
measures
are
initiated.

D.
The
SWPPP
must
include
a
description
of
structural
practices
to
divert
flows
from
exposed
soils,
retain/
detain
flows
or
otherwise
limit
runoff
and
the
discharge
of
pollutants
from
exposed
areas
of
the
site.
Placement
of
structural
practices
in
floodplains
must
be
avoided
to
the
degree
practicable.

E.
The
SWPPP
must
include
a
description
of
all
post­
construction
storm
water
management
measures
that
will
be
installed
during
the
construction
process
to
control
pollutants
in
storm
water
discharges
after
construction
operations
have
been
completed.
Structural
measures
should
be
placed
on
upland
soils
to
the
degree
practicable.
Such
measures
must
be
designed
and
installed
in
compliance
with
applicable
federal,
local,
state
or
tribal
requirements.

F.
The
SWPPP
must
describe
measures
to
prevent
the
discharge
of
solid
materials,
including
building
materials,
to
waters
of
the
United
States,
except
as
authorized
by
a
permit
issued
under
section
404
of
the
CWA.

G.
The
SWPPP
must
describe
measures
to
minimize,
to
the
extent
practicable,
off­
site
vehicle
tracking
of
sediments
onto
paved
surfaces
and
the
generation
of
dust.

H.
The
SWPPP
must
include
a
description
of
construction
and
waste
materials
expected
to
be
stored
on­
site
with
updates
as
appropriate.
The
SWPPP
must
also
include
a
description
of
controls,
including
storage
practices,
to
minimize
exposure
of
the
materials
to
storm
water,
and
spill
prevention
and
response
practices.

I.
The
SWPPP
must
include
a
description
of
pollutant
sources
from
areas
other
than
construction
(
including
storm
water
discharges
from
dedicated
asphalt
plants
and
dedicated
concrete
plants),
and
a
description
of
controls
and
measures
that
will
be
implemented
at
those
sites
to
minimize
pollutant
discharges.

3.5
Non­
Storm
Water
Discharge
Management
The
SWPPP
must
identify
all
allowable
sources
of
non­
storm
water
discharges
listed
in
Subpart
1.3.
B
of
this
permit,
except
for
flows
from
fire
fighting
activities,
that
are
combined
with
storm
water
discharges
associated
with
construction
activity
at
the
site.
Non­
storm
water
discharges
should
be
eliminated
or
reduced
to
the
extent
feasible.
The
SWPPP
must
identify
and
ensure
the
implementation
of
appropriate
pollution
prevention
measures
for
the
non­
storm
water
component(
s)
of
the
discharge.

3.6
Maintenance
of
Controls
A.
All
erosion
and
sediment
control
measures
and
other
protective
measures
identified
in
the
SWPPP
must
be
maintained
in
effective
operating
condition.
If
site
inspections
required
by
Subpart
3.10
identify
BMPs
that
are
not
operating
effectively,
maintenance
must
be
performed
as
soon
as
possible
and
before
the
next
storm
event
whenever
practicable
to
maintain
the
continued
effectiveness
of
storm
water
controls.

B.
If
existing
BMPs
need
to
be
modified
or
if
additional
BMPs
are
necessary
for
any
reason,
implementation
must
be
completed
before
the
next
storm
event
whenever
practicable.
If
implementation
before
the
next
storm
event
is
impracticable,
the
situation
must
be
documented
in
the
SWPPP
and
alternative
BMPs
must
be
implemented
as
soon
as
possible.

C.
Sediment
from
sediment
traps
or
sedimentation
ponds
must
be
removed
when
design
capacity
has
been
reduced
by
50
percent.

Small
and
Large
Construction
Activities
9
General
Permit
3.7
Documentation
of
Permit
Eligibility
Related
to
Endangered
Species
The
SWPPP
must
include
documentation
supporting
a
determination
of
permit
eligibility
with
regard
to
Endangered
Species,
including:

A.
Information
on
whether
federally­
listed
endangered
or
threatened
species,
or
federally­
designated
critical
habitat
may
be
in
the
project
area;

B.
Whether
such
species
or
critical
habitat
may
be
adversely
affected
by
storm
water
discharges
or
storm
water
discharge­
related
activities
from
the
project;

C.
Results
of
the
Appendix
C
listed
species
and
critical
habitat
screening
determinations;

D.
Confirmation
of
delivery
of
NOI
to
EPA
or
to
EPA's
electronic
NOI
system.
This
may
include
an
overnight,
express
or
registered
mail
receipt
acknowledgment;
or
electronic
acknowledgment
from
EPA's
electronic
NOI
system.

E.
Any
correspondence
for
any
stage
of
project
planning
between
the
U.
S.
Fish
and
Wildlife
Service
(
FWS),
EPA,
the
U.
S.
National
Marine
Fisheries
Service
(
NMFS),
or
others
and
you
regarding
listed
species
and
critical
habitat,
including
any
notification
that
delays
your
authorization
to
discharge
under
this
permit;

F.
A
description
of
measures
necessary
to
protect
federally­
listed
endangered
or
threatened
species,
or
federally­
designated
critical
habitat.
The
permittee
must
describe
and
implement
such
measures
to
maintain
eligibility
for
coverage
under
this
permit.

3.8
Copy
of
Permit
Requirements
Copies
of
this
permit
and
of
the
signed
and
certified
NOI
form
that
was
submitted
to
EPA
must
be
included
in
the
SWPPP.
Also,
upon
receipt,
a
copy
of
the
letter
from
the
EPA
Storm
Water
Notice
Processing
Center
notifying
you
of
their
receipt
of
your
administratively
complete
NOI
must
also
be
included
as
a
component
of
the
SWPPP.

3.9
Applicable
State,
Tribal,
or
Local
Programs
The
SWPPP
must
be
consistent
with
all
applicable
federal,
state,
tribal,
or
local
requirements
for
soil
and
erosion
control
and
storm
water
management,
including
updates
to
the
SWPPP
as
necessary
to
reflect
any
revisions
to
applicable
federal,
state,
tribal,
or
local
requirements
for
soil
and
erosion
control.

3.10
Inspections
A.
Inspections
must
be
conducted
in
accordance
with
one
of
the
two
schedules
listed
below.
You
must
specify
in
your
SWPPP
which
schedule
you
will
be
following.

1.
At
least
once
every
7
calendar
days,
OR
2.
At
least
once
every
14
calendar
days
and
within
24
hours
of
the
end
of
a
storm
event
of
0.5
inches
or
greater.

B
Inspection
frequency
may
be
reduced
to
at
least
once
every
month
if:

1.
The
entire
site
is
temporarily
stabilized,

2.
Runoff
is
unlikely
due
to
winter
conditions
(
e.
g.,
site
is
covered
with
snow,
ice,
or
the
ground
is
frozen),
or
3.
Construction
is
occurring
during
seasonal
arid
periods
in
arid
areas
and
semi­
arid
areas.

C.
A
waiver
of
the
inspection
requirements
is
available
until
one
month
before
thawing
conditions
are
expected
to
result
in
a
discharge
if
all
of
the
following
requirements
are
met:

1.
The
project
is
located
in
an
area
where
frozen
conditions
are
anticipated
to
continue
for
extended
periods
of
time
(
i.
e.,
more
than
one
month);

2.
Land
disturbance
activities
have
been
suspended;
and
3.
The
beginning
and
ending
dates
of
the
waiver
period
are
documented
in
the
SWPPP.

D.
Inspections
must
be
conducted
by
qualified
personnel
(
provided
by
the
operator
or
cooperatively
by
multiple
operators).
"
Qualified
personnel"
means
a
person
knowledgeable
in
the
principles
and
practice
of
erosion
and
sediment
controls
who
possesses
the
skills
to
assess
conditions
at
the
construction
site
that
could
impact
Small
and
Large
Construction
Activities
10
General
Permit
storm
water
quality
and
to
assess
the
effectiveness
of
any
sediment
and
erosion
control
measures
selected
to
control
the
quality
of
storm
water
discharges
from
the
construction
activity.

E.
Inspections
must
include
all
areas
of
the
site
disturbed
by
construction
activity
and
areas
used
for
storage
of
materials
that
are
exposed
to
precipitation.
Inspectors
must
look
for
evidence
of,
or
the
potential
for,
pollutants
entering
the
storm
water
conveyance
system.
Sedimentation
and
erosion
control
measures
identified
in
the
SWPPP
must
be
observed
to
ensure
proper
operation.
Discharge
locations
must
be
inspected
to
ascertain
whether
erosion
control
measures
are
effective
in
preventing
significant
impacts
to
waters
of
the
United
States,
where
accessible.
Where
discharge
locations
are
inaccessible,
nearby
downstream
locations
must
be
inspected
to
the
extent
that
such
inspections
are
practicable.
Locations
where
vehicles
enter
or
exit
the
site
must
be
inspected
for
evidence
of
off­
site
sediment
tracking.

F.
Utility
line
installation,
pipeline
construction,
and
other
examples
of
long,
narrow,
linear
construction
activities
may
limit
the
access
of
inspection
personnel
to
the
areas
described
in
Subpart
3.10.
E
above.
Inspection
of
these
areas
could
require
that
vehicles
compromise
temporarily
or
even
permanently
stabilized
areas,
cause
additional
disturbance
of
soils,
and
increase
the
potential
for
erosion.
In
these
circumstances,
controls
must
be
inspected
on
the
same
frequencies
as
other
construction
projects,
but
representative
inspections
may
be
performed.
For
representative
inspections,
personnel
must
inspect
controls
along
the
construction
site
for
0.25
mile
above
and
below
each
access
point
where
a
roadway,
undisturbed
right­
of­
way,
or
other
similar
feature
intersects
the
construction
site
and
allows
access
to
the
areas
described
above.
The
conditions
of
the
controls
along
each
inspected
0.25
mile
segment
may
be
considered
as
representative
of
the
condition
of
controls
along
that
reach
extending
from
the
end
of
the
0.25
mile
segment
to
either
the
end
of
the
next
0.25
mile
inspected
segment,
or
to
the
end
of
the
project,
whichever
occurs
first.

G.
For
each
inspection
required
above,
you
must
complete
an
inspection
report.
At
a
minimum,
the
inspection
report
must
include:

1.
The
inspection
date;

2.
Names,
titles,
and
qualifications
of
personnel
making
the
inspection;

3.
Weather
information
for
the
period
since
the
last
inspection
(
or
since
commencement
of
construction
activity
if
the
first
inspection)
including
a
best
estimate
of
the
beginning
of
each
storm
event,
duration
of
each
storm
event,
approximate
amount
of
rainfall
for
each
storm
event
(
in
inches),
and
whether
any
discharges
occurred;

4.
Weather
information
and
a
description
of
any
discharges
occurring
at
the
time
of
the
inspection;

5.
Location(
s)
of
discharges
of
sediment
or
other
pollutants
from
the
site;

6.
Location(
s)
of
BMPs
that
need
to
be
maintained;

7.
Location(
s)
of
BMPs
that
failed
to
operate
as
designed
or
proved
inadequate
for
a
particular
location;

8.
Location(
s)
where
additional
BMPs
are
needed
that
did
not
exist
at
the
time
of
inspection;
and
9.
Corrective
action
required
including
any
changes
to
the
SWPPP
necessary
and
implementation
dates.

A
record
of
each
inspection
and
of
any
actions
taken
in
accordance
with
this
Part
must
be
retained
as
part
of
the
SWPPP
for
at
least
three
years
from
the
date
that
permit
coverage
expires
or
is
terminated.
The
inspection
reports
must
identify
any
incidents
of
non­
compliance
with
the
permit
conditions.
Where
a
report
does
not
identify
any
incidents
of
non­
compliance,
the
report
must
contain
a
certification
that
the
construction
project
or
site
is
in
compliance
with
the
SWPPP
and
this
permit.
The
report
must
be
signed
in
accordance
with
Appendix
G,
Section
11
of
this
permit.

3.11
Maintaining
an
Updated
Plan
A.
The
SWPPP,
including
the
site
map,
must
be
amended
whenever
there
is
a
change
in
design,
construction,
operation,
or
maintenance
at
the
construction
site
that
has
or
could
have
a
significant
effect
on
the
discharge
of
pollutants
to
the
waters
of
the
United
States
that
has
not
been
previously
addressed
in
the
SWPPP.

B.
The
SWPPP
must
be
amended
if
during
inspections
or
investigations
by
site
staff,
or
by
local,
state,
tribal
or
federal
officials,
it
is
determined
that
the
discharges
the
SWPPP
is
ineffective
in
eliminating
or
significantly
minimizing
pollutants
in
storm
water
discharges
from
the
construction
site.

C.
Based
on
the
results
of
an
inspection,
the
SWPPP
must
be
modified
as
necessary
to
include
additional
or
modified
BMPs
designed
to
correct
problems
identified.
Revisions
to
the
SWPPP
must
be
completed
within
Small
and
Large
Construction
Activities
11
General
Permit
seven
(
7)
calendar
days
following
the
inspection.
Implementation
of
these
additional
or
modified
BMPs
must
be
accomplished
as
described
in
Subpart
3.6.
B.

3.12
Signature,
Plan
Review
and
Making
Plans
Available
A.
A
copy
of
the
SWPPP
(
including
a
copy
of
the
permit),
NOI,
and
acknowledgement
letter
from
EPA
must
be
retained
at
the
construction
site
(
or
other
location
easily
accessible
during
normal
business
hours
to
EPA,
a
state,
tribal
or
local
agency
approving
sediment
and
erosion
plans,
grading
plans,
or
storm
water
management
plans;
local
government
officials;
the
operator
of
a
municipal
separate
storm
sewer
receiving
discharges
from
the
site;
and
representatives
of
the
U.
S.
Fish
and
Wildlife
Service
or
the
National
Marine
Fisheries
Service)
from
the
date
of
commencement
of
construction
activities
to
the
date
of
final
stabilization.
If
you
have
day­
to­
day
operational
control
over
SWPPP
implementation,
you
must
have
a
copy
of
the
SWPPP
available
at
a
central
location
on­
site
for
the
use
of
all
those
identified
as
having
responsibilities
under
the
SWPPP
whenever
they
are
on
the
construction
site.
If
an
on­
site
location
is
unavailable
to
store
the
SWPPP
when
no
personnel
are
present,
notice
of
the
plan's
location
must
be
posted
near
the
main
entrance
at
the
construction
site.

B.
A
sign
or
other
notice
must
be
posted
conspicuously
near
the
main
entrance
of
the
construction
site.
If
displaying
near
the
main
entrance
is
infeasible,
the
notice
can
be
posted
in
a
local
public
building
such
as
the
town
hall
or
public
library.
The
sign
or
other
notice
must
contain
the
following
information:

1.
A
copy
of
the
completed
Notice
of
Intent
as
submitted
to
the
EPA
Storm
Water
Notice
Processing
Center;
and
2.
If
the
location
of
the
SWPPP
or
the
name
and
telephone
number
of
the
contact
person
for
scheduling
SWPPP
viewing
times
has
changed
(
i.
e.,
is
different
than
that
submitted
to
EPA
in
the
NOI),
the
current
location
of
the
SWPPP
and
name
and
telephone
number
of
a
contact
person
for
scheduling
viewing
times.

For
linear
projects,
the
sign
or
other
notice
must
be
posted
at
a
publicly
accessible
location
near
the
active
part
of
the
construction
project
(
e.
g.,
where
a
pipeline
project
crosses
a
public
road).

C.
SWPPPs
must
be
made
available
upon
request
by
EPA;
a
state,
tribal
or
local
agency
approving
sediment
and
erosion
plans,
grading
plans,
or
storm
water
management
plans;
local
government
officials;
the
operator
of
a
municipal
separate
storm
sewer
receiving
discharges
from
the
site;
and
representatives
of
the
U.
S.
Fish
and
Wildlife
Service
or
the
National
Marine
Fisheries
Service
to
the
requestor.
The
copy
of
the
SWPPP
that
is
required
to
be
kept
on­
site
or
locally
available
must
be
made
available,
in
its
entirety,
to
the
EPA
staff
for
review
and
copying
at
the
time
of
an
on­
site
inspection.

D.
All
SWPPPs
must
be
signed
and
certified
in
accordance
with
Appendix
G,
Section
11.

3.13
Management
Practices
A.
All
control
measures
must
be
properly
selected,
installed,
and
maintained
in
accordance
with
any
relevant
manufacturer
specifications
and
good
engineering
practices.
If
periodic
inspections
or
other
information
indicates
a
control
has
been
used
inappropriately,
or
incorrectly,
the
operator
must
replace
or
modify
the
control
for
site
situations
as
soon
as
practicable.

B.
If
sediment
escapes
the
construction
site,
off­
site
accumulations
of
sediment
must
be
removed
at
a
frequency
sufficient
to
minimize
off­
site
impacts.

C.
Litter,
construction
debris,
and
construction
chemicals
that
could
be
exposed
to
storm
water
must
be
prevented
from
becoming
a
pollutant
source
in
storm
water
discharges.

D.
Except
as
provided
below,
stabilization
measures
must
be
initiated
as
soon
as
practicable
in
portions
of
the
site
where
construction
activities
have
temporarily
or
permanently
ceased,
but
in
no
case
more
than
14
days
after
the
construction
activity
in
that
portion
of
the
site
has
temporarily
or
permanently
ceased.

1.
Where
stabilization
by
the
14th
day
is
precluded
by
snow
cover
or
frozen
ground
conditions,
stabilization
measures
must
be
initiated
as
soon
as
practicable.

2.
Where
construction
activity
on
a
portion
of
the
site
is
temporarily
ceased,
and
earth
disturbing
activities
will
be
resumed
within
14
days,
temporary
stabilization
measures
do
not
have
to
be
initiated
on
that
portion
of
the
site.

Small
and
Large
Construction
Activities
12
General
Permit
3.
In
arid,
semiarid,
and
drought­
stricken
areas
where
initiating
perennial
vegetative
stabilization
measures
is
not
possible
within
14
days
after
construction
activity
has
temporarily
or
permanently
ceased,
final
vegetative
stabilization
measures
must
be
initiated
as
soon
as
practicable.

E.
A
combination
of
sediment
and
erosion
control
measures
are
required
to
achieve
maximum
pollutant
removal.

1.
Sediment
Basins:
For
common
drainage
locations
that
serve
an
area
with
10
or
more
acres
disturbed
at
one
time,
a
temporary
(
or
permanent)
sediment
basin
that
provides
storage
for
a
calculated
volume
of
runoff
from
the
drainage
area
from
a
2­
year,
24­
hour
storm,
or
equivalent
control
measures,
must
be
provided
where
attainable
until
final
stabilization
of
the
site.
Where
no
such
calculation
has
been
performed,
a
temporary
(
or
permanent)
sediment
basin
providing
3,600
cubic
feet
of
storage
per
acre
drained,
or
equivalent
control
measures,
must
be
provided
where
attainable
until
final
stabilization
of
the
site.
When
computing
the
number
of
acres
draining
into
a
common
location,
it
is
not
necessary
to
include
flows
from
offsite
areas
and
flows
from
on­
site
areas
that
are
either
undisturbed
or
have
undergone
final
stabilization
where
such
flows
are
diverted
around
both
the
disturbed
area
and
the
sediment
basin.
In
determining
whether
installing
a
sediment
basin
is
attainable,
the
operator
may
consider
factors
such
as
site
soils,
slope,
available
area
on­
site,
etc.
In
any
event,
the
operator
must
consider
public
safety,
especially
as
it
relates
to
children,
as
a
design
factor
for
the
sediment
basin,
and
alternative
sediment
controls
must
be
used
where
site
limitations
would
preclude
a
safe
design.

2.
For
drainage
locations
which
serve
10
or
more
disturbed
acres
at
one
time
and
where
a
temporary
sediment
basin
or
equivalent
controls
is
not
attainable,
smaller
sediment
basins
and/
or
sediment
traps
should
be
used.
At
a
minimum,
silt
fences,
vegetative
buffer
strips,
or
equivalent
sediment
controls
are
required
for
all
down
slope
boundaries
(
and
for
those
side
slope
boundaries
deemed
appropriate
as
dictated
by
individual
site
conditions).

3.
For
drainage
locations
serving
less
than
10
acres,
smaller
sediment
basins
and/
or
sediment
traps
should
be
used.
At
a
minimum,
silt
fences,
vegetative
buffer
strips,
or
equivalent
sediment
controls
are
required
for
all
down
slope
boundaries
(
and
for
those
side
slope
boundaries
deemed
appropriate
as
dictated
by
individual
site
conditions)
of
the
construction
area
unless
a
sediment
basin
providing
storage
for
a
calculated
volume
of
runoff
from
a
2­
year,
24­
hour
storm
or
3,600
cubic
feet
of
storage
per
acre
drained
is
provided.

F.
Velocity
dissipation
devices
must
be
placed
at
discharge
locations
and
along
the
length
of
any
outfall
channel
to
provide
a
non­
erosive
flow
velocity
from
the
structure
to
a
water
course
so
that
the
natural
physical
and
biological
characteristics
and
functions
are
maintained
and
protected
(
e.
g.,
no
significant
changes
in
the
hydrological
regime
of
the
receiving
water).

3.14
Documentation
of
Permit
Eligibility
Related
to
Total
Maximum
Daily
Loads
The
SWPPP
must
include
documentation
supporting
a
determination
of
permit
eligibility
with
regard
to
waters
that
have
an
EPA­
established
or
approved
TMDL,
including:

A.
Identification
of
whether
your
discharge
is
identified,
either
specifically
or
generally,
in
an
EPA­
established
or
approved
TMDL
and
any
associated
allocations,
requirements,
and
assumptions
identified
for
your
discharge;

B.
Summaries
of
consultation
with
State
or
Federal
TMDL
authorities
on
consistency
of
SWPPP
conditions
with
the
approved
TMDL,
and
C.
Measures
taken
by
you
to
ensure
that
your
discharge
of
pollutants
from
the
site
is
consistent
with
the
assumptions
and
requirements
of
the
EPA­
established
or
approved
TMDL,
including
any
specific
wasteload
allocation
that
has
been
established
that
would
apply
to
your
discharge.

See
section
1.3.
C.
5
for
further
information
on
determining
permit
eligibility
related
to
TMDLs.

PART
4:
SPECIAL
CONDITIONS,
MANAGEMENT
PRACTICES
AND
OTHER
NON­
NUMERIC
LIMITATIONS
4.1
Continuation
of
the
Expired
General
Permit
If
this
permit
is
not
reissued
or
replaced
prior
to
the
expiration
date,
it
will
be
administratively
continued
in
accordance
with
the
Administrative
Procedure
Act
and
remain
in
force
and
effect.
If
you
were
granted
permit
coverage
prior
to
the
expiration
date,
you
will
automatically
remain
covered
by
the
continued
permit
until
the
earliest
of:

Small
and
Large
Construction
Activities
13
General
Permit
A.
Reissuance
or
replacement
of
this
permit,
at
which
time
you
must
comply
with
the
conditions
of
the
new
permit
to
maintain
authorization
to
discharge;
or
B.
Your
submittal
of
a
Notice
of
Termination;
or
C.
Issuance
of
an
individual
permit
for
the
project's
discharges;
or
D.
A
formal
permit
decision
by
EPA
to
not
reissue
this
general
permit,
at
which
time
you
must
seek
coverage
under
an
alternative
general
permit
or
an
individual
permit.

4.2
Requiring
an
Individual
Permit
or
an
Alternative
General
Permit
A.
EPA
may
require
you
to
apply
for
and/
or
obtain
either
an
individual
NPDES
permit
or
an
alternative
NPDES
general
permit.
Any
interested
person
may
petition
EPA
to
take
action
under
this
paragraph.
If
EPA
requires
you
to
apply
for
an
individual
NPDES
permit,
EPA
will
notify
you
in
writing
that
a
permit
application
is
required.
This
notification
will
include
a
brief
statement
of
the
reasons
for
this
decision
and
an
application
form.
In
addition,
if
you
are
an
existing
permittee
covered
under
this
permit,
the
notice
will
set
a
deadline
to
file
the
application,
and
will
include
a
statement
that
on
the
effective
date
of
issuance
or
denial
of
the
individual
NPDES
permit
or
the
alternative
general
permit
as
it
applies
to
you,
coverage
under
this
general
permit
will
automatically
terminate.
Applications
must
be
submitted
to
EPA
at
the
applicable
EPA
Regional
offices
listed
in
Appendix
B
of
this
permit.
EPA
may
grant
additional
time
to
submit
the
application
upon
your
request.
If
you
are
covered
under
this
permit
and
you
fail
to
submit
in
a
timely
manner
an
individual
NPDES
permit
application
as
required
by
EPA,
then
the
applicability
of
this
permit
to
you
is
automatically
terminated
at
the
end
of
the
day
specified
by
EPA
as
the
deadline
for
application
submittal.

B.
You
may
request
to
be
excluded
from
the
coverage
of
this
general
permit
by
applying
for
an
individual
permit.
In
such
a
case,
you
must
submit
an
individual
application
in
accordance
with
the
requirements
of
40
CFR
§
122.26(
c)(
1)(
ii),
with
reasons
supporting
the
request,
to
EPA
at
the
applicable
EPA
Regional
office
listed
in
Appendix
B
of
this
permit.
The
request
may
be
granted
by
issuance
of
an
individual
permit
or
an
alternative
general
permit
if
your
reasons
are
adequate
to
support
the
request.

C.
When
an
individual
NPDES
permit
is
issued
to
you,
who
are
otherwise
subject
to
this
permit,
or
you
are
authorized
to
discharge
under
an
alternative
NPDES
general
permit,
the
applicability
of
this
permit
to
you
is
automatically
terminated
on
the
effective
date
of
the
individual
permit
or
the
date
of
authorization
of
coverage
under
the
alternative
general
permit,
whichever
the
case
may
be.
If
you,
who
are
otherwise
subject
to
this
permit,
are
denied
an
individual
NPDES
permit
or
an
alternative
NPDES
general
permit,
the
applicability
of
this
permit
to
you
is
automatically
terminated
on
the
date
of
such
denial,
unless
otherwise
specified
by
EPA.

4.3
Releases
in
Excess
of
Reportable
Quantities
The
discharge
of
hazardous
substances
or
oil
in
storm
water
discharges
from
the
construction
site
must
be
prevented
or
minimized
in
accordance
with
the
SWPPP.
This
permit
does
not
relieve
you
of
the
federal
reporting
requirements
of
40
CFR
Part
110,
40
CFR
Part
117
and
40
CFR
Part
302
relating
to
spills
or
other
releases
of
oils
or
hazardous
substances.

Where
a
release
containing
a
hazardous
substance
or
oil
in
an
amount
equal
to
or
in
excess
of
a
reportable
quantity
established
under
either
40
CFR
Part
110,
40
CFR
Part
117
or
40
CFR
Part
302,
occurs
during
a
24­
hour
period:

 
you
must
provide
notice
to
the
National
Response
Center
(
NRC)
(
800
 
424
 
8802;
in
the
Washington,
DC,
metropolitan
area
call
202
 
426
 
2675)
in
accordance
with
the
requirements
of
40
CFR
Part
110,
40
CFR
Part
117
and
40
CFR
Part
302
as
soon
as
site
staff
have
knowledge
of
the
discharge;
and
 
you
must
modify
the
SWPPP
as
required
under
Subpart
3.11
within
7
calendar
days
of
knowledge
of
the
release
to:
provide
a
description
of
the
release,
the
circumstances
leading
to
the
release,
and
the
date
of
the
release.
Plans
must
identify
measures
to
prevent
the
reoccurrence
of
such
releases
and
to
respond
to
such
releases.

4.4
Spills
This
permit
does
not
authorize
the
discharge
of
hazardous
substances
or
oil
resulting
from
an
on­
site
spill.

Small
and
Large
Construction
Activities
14
General
Permit
4.5
Attainment
of
Water
Quality
Standards
After
Authorization
A.
You
must
select,
install,
implement
and
maintain
BMPs
at
your
construction
site
that
minimize
pollutants
in
the
discharge
as
necessary
to
meet
applicable
water
quality
standards.
In
general,
except
in
situations
explained
in
Subpart
4.5.
B
below,
your
SWPPP
developed,
implemented,
and
updated
consistent
with
Part
3.0
is
considered
as
stringent
as
necessary
to
ensure
that
your
discharges
do
not
cause
or
contribute
to
an
excursion
above
any
applicable
water
quality
standard.

B.
At
any
time
after
authorization,
EPA
may
determine
that
your
storm
water
discharges
may
cause,
have
reasonable
potential
to
cause,
or
contribute
to
an
excursion
above
any
applicable
water
quality
standard.
If
such
a
determination
is
made,
EPA
will
require
you
to:

i.
Develop
a
supplemental
BMP
action
plan
describing
SWPPP
modifications
in
accordance
with
Subpart
3.11
to
address
adequately
the
identified
water
quality
concerns;

ii.
Submit
valid
and
verifiable
data
and
information
that
are
representative
of
ambient
conditions
and
indicate
that
the
receiving
water
is
attaining
water
quality
standards;
or
iii.
Cease
discharges
of
pollutants
from
construction
activity
and
submit
an
individual
permit
application
according
to
Subpart
4.2.

All
written
responses
required
under
this
part
must
include
a
signed
certification
consistent
with
Appendix
G,
Section
11.

PART
5:
TERMINATION
OF
COVERAGE
5.1
Requirements
You
may
only
submit
a
Notice
of
Termination
(
NOT)
after
one
or
more
of
the
following
conditions
have
been
met:

A.
Final
stabilization
has
been
achieved
on
all
portions
of
the
site
for
which
you
are
responsible;

B.
Another
operator
has
assumed
control
according
to
Appendix
G,
Section
11.
C
over
all
areas
of
the
site
that
have
not
been
finally
stabilized;

C.
Coverage
under
an
individual
or
alternative
general
NPDES
permit
has
been
obtained;
or
D.
For
residential
construction
only,
temporary
stabilization
has
been
completed
and
the
residence
has
been
transferred
to
the
homeowner.

The
NOT
must
be
submitted
within
30
days
of
one
of
the
above
conditions
being
met.
Authorization
to
discharge
terminates
at
midnight
of
the
day
the
NOT
is
signed.

5.2
Submitting
a
Notice
of
Termination
It
is
your
responsibility
to
submit
a
complete
and
accurate
Notice
of
Termination
(
NOT),
using
the
form
provided
in
Appendix
F
(
or
a
photocopy
thereof)
available
at
www.
epa.
gov/
npdes/
stormwater/
cgp.
If
EPA
notifies
dischargers
(
either
directly,
by
public
notice,
or
by
making
information
available
on
the
Internet)
of
other
NOT
form
options
(
e.
g.,
electronic
submission),
you
may
take
advantage
of
those
options
to
satisfy
the
requirements
of
Part
5.

A.
The
Notice
of
Termination
must
include
the
following
information:

1.
The
NPDES
permit
tracking
number
for
the
storm
water
discharge;

2.
The
basis
for
submission
of
the
NOT,
including:
final
stabilization
has
been
achieved
on
all
portions
of
the
site
for
which
the
permittee
is
responsible;
another
operator/
permittee
has
assumed
control
over
all
areas
of
the
site
that
have
not
been
finally
stabilized;
coverage
under
an
alternative
NPDES
permit
has
been
obtained;
or,
for
residential
construction
only,
temporary
stabilization
has
been
completed
and
the
residence
has
been
transferred
to
the
homeowner;

3.
You,
the
operator's
name,
address,
telephone
number
and
your
organization's
Employer
Identification
Number
(
EIN)
as
established
by
the
U.
S.
Internal
Revenue
Service;

4.
The
name
of
the
project
and
address
(
or
a
description
of
location
if
no
street
address
is
available)
of
the
construction
site
for
which
the
notification
is
submitted;
and
5.
A
certification
statement,
signed
and
dated
by
an
authorized
representative
as
defined
in
Appendix
G,
Section
11
and
the
name
and
title
of
that
authorized
representative.

Small
and
Large
Construction
Activities
15
General
Permit
5.3
Where
to
Submit
A.
All
NOTs
must
be
submitted
to
one
of
the
following
addresses:

For
Regular
U.
S.
Mail
Delivery:
EPA
Storm
Water
Notice
Processing
Center
Mail
Code
4203M
U.
S.
EPA
1200
Pennsylvania
Avenue,
NW
Washington,
DC
20460
For
Overnight/
Express
Mail
Delivery:
EPA
Storm
Water
Notice
Processing
Center
Room
7420
U.
S.
EPA
1201
Constitution
Avenue,
NW
Washington,
DC
20004
B.
In
lieu
of
Subpart
5.3.
A,
you
can
submit
your
NOT
to
EPA
using
EPA's
electronic
system
(
i.
e.,
eNOI),
when
available.
Check
www.
epa.
gov/
npdes/
stormwater/
cgp
for
updates.

PART
6:
RETENTION
OF
RECORDS
Copies
of
the
SWPPP
and
all
documentation
required
by
this
permit,
including
records
of
all
data
used
to
complete
the
NOI
to
be
covered
by
this
permit,
must
be
retained
for
at
least
three
years
from
the
date
that
permit
coverage
expires
or
is
terminated.
This
period
may
be
extended
by
request
of
EPA
at
any
time.

PART
7:
REOPENER
CLAUSE
7.1
Procedures
for
Modification
or
Revocation
Permit
modification
or
revocation
will
be
conducted
according
to
40
CFR
§
122.62,
§
122.63,
§
122.64
and
§
124.5.

7.2
Water
Quality
Protection
If
there
is
evidence
indicating
that
the
storm
water
discharges
authorized
by
this
permit
cause,
have
the
reasonable
potential
to
cause
or
contribute
to
an
excursion
above
any
applicable
water
quality
standard,
you
may
be
required
to
obtain
an
individual
permit
in
accordance
with
Part
4.5
of
this
permit,
or
the
permit
may
be
modified
to
include
different
limitations
and/
or
requirements.

7.3
Timing
of
Permit
Modification
EPA
may
elect
to
modify
the
permit
prior
to
its
expiration
(
rather
than
waiting
for
the
new
permit
cycle)
to
comply
with
any
new
statutory
or
regulatory
requirements,
such
as
for
effluent
limitation
guidelines,
that
may
be
promulgated
in
the
course
of
the
current
permit
cycle.

PART
8:
STANDARD
PERMIT
CONDITIONS
The
federal
regulations
require
that
the
Standard
Conditions
provisioned
at
40
CFR
§
122.41
be
applied
to
all
NPDES
permits.
You
are
required
to
comply
with
those
Standard
Conditions,
details
of
which
are
provided
in
Appendix
G.

PART
9:
PERMIT
CONDITIONS
APPLICABLE
TO
SPECIFIC
STATES,
INDIAN
COUNTRY,
OR
TERRITORIES
The
provisions
of
this
Part
provide
modifications
or
additions
to
the
applicable
conditions
of
this
permit
to
reflect
specific
additional
conditions
required
as
part
of
the
state
or
tribal
CWA
Section
401
certification
process,
or
the
Coastal
Zone
Management
Act
(
CZMA)
certification
process,
or
as
otherwise
established
by
the
permitting
authority.
The
specific
additional
revisions
and
requirements
only
apply
to
activities
in
those
specific
states,
Indian
country,
and
federal
facilities.
States,
Indian
country,
and
federal
facilities
not
included
in
this
Part
do
not
have
any
modifications
or
additions
to
the
applicable
conditions
of
this
permit.

State
Coastal
Zone
Management
Act
(
CZMA)
certification
was
not
received
from
Massachusetts
in
time
for
that
state
to
be
included
in
this
permit.
As
such,
large
construction
activities
in
Massachusetts
covered
under
the
1998
CGP
will
continue
to
be
covered
under
that
permit.
EPA
will
reissue
the
CGP
for
Massachusetts
for
large
and
small
construction
activities
at
a
later
date,
and
will
include
any
state­
specific
modifications
or
additions
as
part
of
the
State's
CZMA
certification
process.

Small
and
Large
Construction
Activities
16
General
Permit
A.
Region
1
1.
MAR100000:
Commonwealth
of
Massachusetts,
except
Indian
country
a.
State
Water
Quality
Statutes,
Regulations,
and
Policies:

i.
You
must
comply
with
the
Massachusetts
Clean
Waters
Act
(
Ch.
21,
ss.
23­
56).

ii.
You
must
comply
with
the
conditions
in
314
CMR
4.00
­
Surface
Water
Quality
Standards.

iii.
You
must
comply
with
the
conditions
in
314
CMR
3.00
­
Surface
Water
Discharge
Permit
Program.

iv.
You
must
comply
with
the
Wetlands
Protection
Act,
Ch.
131,
s.
40
and
its
regulations,
310
CMR
10.00
and
any
order
of
Conditions
issued
by
a
Conservation
Commission
or
a
Superseding
Order
of
Conditions
issued
by
the
Massachusetts
Department
of
Environmental
Protection.

b.
Department
of
Environmental
Protection
Storm
Water
Management
Policy:

i.
You
must
comply
with
the
Massachusetts
Storm
Water
Management
Policy,
March
1997
and
applicable
Storm
Water
Performance
Standards,
as
prescribed
by
state
regulations
promulgated
under
the
authority
of
the
Massachusetts
Clean
Waters
Act,
MGL
Ch.
21,
ss.
23­
56
and
the
Wetlands
Protection
Act
Ch.
131,
s.
40.

c.
Other
State
Environmental
Laws,
Regulations,
Policies:

i.
You
must
comply
with
the
Massachusetts
Endangered
Species
Act
[
MESA]
(
MGL
Ch.
313A
and
regulations
at
321
CMR
10.00)
and
any
actions
undertaken
to
comply
with
this
storm
water
permit,
shall
not
result
in
non­
compliance
with
the
MESA.

ii.
You
must
not
conduct
activities
under
this
permit
that
will
interfere
with
implementation
of
mosquito
control
work
conducted
in
accordance
with
Chapter
252
including,
s.
5A
thereunder
and
DEP
Guideline
Number
BRP
G01­
02,
West
Nile
Virus
Application
of
Pesticides
to
Wetland
Resource
Areas
and
Buffer
Zones,
and
Public
Water
Systems.

d.
Other
Department
Directives:

i.
The
Department
may
require
you
to
perform
water
quality
monitoring
during
the
permit
term
if
monitoring
is
necessary
for
the
protection
of
public
health
or
the
environment
as
designated
under
the
authority
at
314
CMR
3.00.

ii.
The
Department
may
require
you
to
provide
measurable
verification
of
the
effectiveness
of
BMPs
and
other
control
measures
in
your
management
program,
including
water
quality
monitoring.

iii.
The
Department
has
determined
that
compliance
with
this
permit
does
not
protect
you
from
enforcement
actions
deemed
necessary
by
the
Department
under
its
associated
regulations
to
address
an
imminent
threat
to
the
public
health
or
a
significant
adverse
environmental
impact
which
results
in
a
violation
of
the
Massachusetts
Clean
Waters
Act,
Ch.
21,
ss.
26­
53.

iv.
The
Department
reserves
the
right
to
modify
the
401
Water
Quality
Certification
if
any
changes,
modifications
or
deletions
are
made
to
the
general
permit.
In
addition,
the
Department
reserves
the
right
to
add
and/
or
alter
the
terms
and
conditions
of
its
401
Water
Quality
Certification
to
carry
out
its
responsibilities
during
the
term
of
this
permit
with
respect
to
water
quality,
including
any
revisions
to
314
CMR
4.00,
Surface
Water
Quality
Standards.

e.
Permit
Compliance
i.
Should
any
violation
of
the
Massachusetts
Surface
Water
Quality
Standards
(
314
CMR
4.00)
or
the
conditions
of
this
certification
occur,
the
Department
will
direct
you
to
correct
the
violations(
s).
The
Department
has
the
right
to
take
any
action
as
authorized
by
the
General
Laws
of
the
Commonwealth
to
address
the
violation
of
this
permit
or
the
MA
Clean
Waters
Act
and
the
regulations
promulgated
thereunder.
Substantial
civil
and
criminal
penalties
are
authorized
under
MGL
Ch.
21,
s.
42
for
discharging
into
Massachusetts'
waters
in
violation
of
an
order
or
permit
issued
by
this
Department.
This
certification
does
not
relieve
the
you
of
the
duty
to
comply
with
other
applicable
Massachusetts
statutes
and
regulations.

2.
NHR100000:
State
of
New
Hampshire
a.
If
you
disturb
100,000
square
feet
or
more
of
contiguous
area,
you
must
also
apply
for
a
"
Significant
Alteration
of
the
Terrain
Permit
from
DES
pursuant
to
RSA
485­
A:
17
and
Env­
Ws
415.
This
requirement
Small
and
Large
Construction
Activities
17
General
Permit
applies
to
the
disturbances
of
only
50,000
square
feet
when
construction
occurs
within
the
protected
shoreline
(
see
RSA
483­
B
and
Env­
Ws
1400).

b.
You
must
determine
that
any
excavation
dewatering
discharges
are
not
contaminated
before
they
will
be
authorized
as
an
allowable
non­
storm
water
discharge
under
this
permit
(
see
Subpart
1.3.
B).
The
water
is
considered
uncontaminated
if
there
is
no
groundwater
contamination
within
1,000
feet
of
the
discharge.
Information
on
groundwater
contamination
can
be
generated
over
the
Internet
via
the
NHDES
web
site
www.
des.
state.
nh.
us
(
One
Stop
Data
Retrieval,
Onestop
Master
Site
Table).
The
web
site
also
provides
E­
mail
access
to
an
NHDES
Site
Remediation
Contact
to
answer
questions
about
using
the
Web
site.

c.
You
must
treat
any
uncontaminated
excavation
dewatering
discharges
as
necessary
to
remove
suspended
solids
and
turbidity.
The
discharges
must
be
sampled
at
a
location
prior
to
mixing
with
storm
water
at
least
once
per
week
during
weeks
when
discharges
occur.
The
samples
must
be
analyzed
for
total
suspended
solids
(
TSS)
and
must
meet
monthly
average
and
maximum
daily
TSS
limitations
of
50
milligrams
per
liter
(
mg/
L)
and
100
mg/
L,
respectively.
TSS
(
a.
k.
a.
Residue,
Nonfilterable)
analysis
and
sampling
must
be
performed
in
accordance
with
Tables
IB
(
parameter,
units
and
method)
and
II
(
required
containers,
preservation
techniques
and
holding
times)
in
40
CFR
136.3
(
see:
http://
www.
access.
gpo.
gov/
nara/
cfr/
waisidx_
02/
40cfr136_
02.
html).
Records
of
any
sampling
and
analysis
must
be
maintained
and
kept
with
the
SWPPP
for
at
least
three
years
after
final
site
stabilization.

d.
During
site
design
and
preparation
of
the
storm
water
pollution
prevention
plan
(
SWPPP),
you
must
consider
opportunities
for
groundwater
recharge
using
on­
site
infiltration.
The
SWPPP
must
include
a
description
of
any
on­
site
infiltration
that
will
be
installed
as
a
post
construction
storm
water
management
measure
(
see
Subpart
3.4.
E)
or
reasons
for
not
employing
such
measures.
For
design
considerations
for
infiltration
measures
see
the
September
2001
DES
publication
titled
"
Managing
Storm
Water
as
a
Valuable
Resource"
which
is
available
online
at:
www.
des.
state.
nh.
us/
StormWater/
construction.
htm.
Loss
of
annual
recharge
to
groundwater
should
be
minimized
through
the
use
of
infiltration
measures
wherever
feasible.

B.
Region
2
1.
NYR10000I:
Indian
country
within
the
State
of
New
York
St.
Regis
Mohawk
Territory
at
Akwesasne
a.
NOIs
shall
also
be
submitted
to
the
St.
Regis
Mohawk
Tribe,
Environment
Division,
at
the
same
time
they
are
submitted
to
EPA,
at
the
following
address:

St.
Regis
Mohawk
Tribe,
Environment
Division
412
State
Route
37
Akwesasne,
NY
13655
Attn:
Clean
Water
Program
Manager.

b.
In
addition,
Storm
Water
Pollution
Prevention
Plans
(
and
any
updates
or
amendments
thereto)
must
be
submitted
to
the
Environment
Division
and
to
the
Tribal
Historic
Preservation
Officer
at
least
thirty
(
30)
days
in
advance
of
corresponding
Notices
of
Intent.
This
will
allow
the
Environment
Division
and
the
THPO
to
make
an
informed
determination
as
to
whether
any
proposed
discharges
might
adversely
impact
the
quality
of
its
surface
or
groundwater,
or
disturb
sites
of
historic
or
cultural
significance
to
the
Tribe
that
may
be
listed,
or
eligible
to
be
listed,
on
the
National
Register
of
Historic
Places.

c.
Within
10
days
of
the
inspection
required
under
Subpart
3.10.
G
of
this
permit,
the
permittee
shall
provide
a
copy
of
the
Inspection
Report
to
the
Environment
Division.

C.
Region
6
1.
NMR150000:
The
State
of
New
Mexico,
except
Indian
country
NOTE:
Conditions
in
the
New
Mexico
Environment
Department
(
NMED)
certification
of
the
permit
resulted
in
permit
requirements
adding
further
restrictions
on
eligibility
for
discharges
to
Outstanding
National
Resource
Waters
(
ONRWs),
expanding
on
requirements
for
pollution
prevention
plans,
and
limiting
options
provided
in
the
permit
related
to
inspection
frequency
and
final
stabilization.

a.
In
addition
to
all
other
provisions
of
this
permit,
operators
who
intend
to
obtain
authorization
under
this
permit
for
all
new
storm
water
discharges
must
satisfy
the
conditions
in
Subpart
9.
C.
1.
a.
i,
unless
a
TMDL
has
been
established
for
the
receiving
stream
which
specifies
a
waste
load
allocation
(
WLA)
for
Small
and
Large
Construction
Activities
18
General
Permit
construction
storm
water
discharges
or
the
receiving
stream
is
a
Tier
3
water,
in
which
case
Subpart
9.
C.
1.
a.
ii
applies.

i.
The
operator
must
include
a
Sediment
Control
Plan
(
SCP)
as
a
part
of
the
Storm
Water
Pollution
Prevention
Plan
(
SWPPP).
The
SCP
must
include
site­
specific
interim
and
permanent
stabilization,
managerial,
and
structural
solids,
erosion,
and
sediment
control
BMPs
and/
or
other
controls
that
are
designed
to
prevent
an
increase
in
the
sediment
yield
and
flow
velocity
from
pre­
construction,
undisturbed
conditions.
This
applies
to
discharges
both
during
construction
and
after
construction
operations
have
been
completed.
The
SCP
must
identify,
and
document
the
rationale
for
selecting
these
BMPs
and/
or
other
controls.
The
SCP
must
also
describe
design
specifications,
construction
specifications,
maintenance
schedules
(
including
a
long
term
maintenance
plan),
criteria
for
inspections,
as
well
as
expected
performance
and
longevity
of
the
BMPs.
Using
appropriate
soil
loss
prediction
models
(
such
as
SEDCAD
4.0,
RUSLE,
SEDIMONT
II,
MULTISED,
etc.),
the
operator(
s)
must
demonstrate,
and
include
documentation
in
the
SCP,
that
implementation
of
the
site­
specific
practices
will
result
in
sediment
yields
that
will
not
be
greater
than
the
sediment
yield
levels
from
preconstruction
undisturbed
conditions.
The
SCP
must
be
prepared
in
accordance
with
good
engineering
practices
and
certified
by
a
registered
professional
engineer.
The
operator(
s)
must
design,
implement,
and
maintain
BMPs
in
the
manner
specified
in
the
SCP
and
the
SWPPP.

ii.
Operators
are
not
eligible
to
obtain
authorization
under
this
permit
for
all
new
storm
water
discharges
to
outstanding
national
resource
waters
(
ONRWs)
(
also
referred
to
as
"
Tier
3:
waters).
According
to
the
Antidegradation
Policy
at
Paragraph
3
of
Subsection
A
of
20.6.4.8
NMAC,
in
part,
"
ONRWs
may
include,
but
are
not
limited
to,
surface
waters
of
the
state
within
national
and
state
monuments,
parks,
wildlife
refuges,
waters
of
exceptional
recreational
or
ecological
significance,
and
waters
identified
under
the
Wild
and
Scenic
Rivers
Act."
No
ONRWs
exist
at
the
time
this
permit
is
being
finalized;
however,
during
the
term
of
the
permit,
if
a
receiving
water
is
designated
as
an
ONRW,
the
operator
must
obtain
an
individual
permit
for
storm
water
discharges
from
large
and
small
construction
activities.

b.
Storm
water
discharges
associated
with
industrial
activity
to
Clean
Water
Act
section
303(
d)
waters
as
well
as
all
other
"
waters
of
the
State"
that
the
New
Mexico
Environment
Department,
Surface
Waters
Quality
Bureau
(
SWQB)
has
determined
to
be
or
may
reasonably
be
expected
to
be
contributing
to
a
violation
of
a
water
quality
standard
and/
or
that
do
not
comply
with
the
applicable
anti­
degradation
provisions
of
the
State's
WQS
are
not
authorized
by
this
permit.

Note:
Upon
receipt
of
this
determination,
NMED
anticipates
that,
within
a
reasonable
period
of
time,
EPA
will
notify
the
general
permittee
to
apply
for
and
obtain
an
individual
NPDES
permit
for
these
discharges
per
40
CFR
Part
122.28(
b)(
3).

c.
Inspections
required
under
Subpart
3.10
must
be
conducted
at
least
once
every
14
calendar
days
and
within
24
hours
of
the
end
of
a
storm
event
of
0.5
inches
or
greater.
The
option
for
inspections
at
least
once
per
7
calendar
days
is
not
available.
The
Inspection
Waivers
provided
in
Parts
3.10.
B
and
C
still
apply.

d.
Permittees
can
not
use
temporary
erosion
controls
as
described
in
item
3
of
the
Appendix
A
definition
of
"
Final
Stabilization"
as
a
method
for
final
stabilization
under
the
permit.

e.
Signed
copies
of
discharge
monitoring
reports,
individual
permit
applications,
and
all
other
reports
required
by
the
permit
to
be
submitted,
shall
also
be
sent
to:

Program
Manager
Point
Source
Regulation
Section
Surface
Water
Quality
Bureau
New
Mexico
Environment
Department
P.
O.
Box
26110
Santa
Fe,
NM
87502
2.
NMR15000I:
Indian
country
within
the
State
of
New
Mexico,
except
Navajo
Reservation
Lands
that
are
covered
under
Arizona
permit
AZR10000I
and
Ute
Mountain
Reservation
Lands
that
are
covered
under
Colorado
permit
COR10000I
a.
Pueblo
of
Acoma
The
following
conditions
apply
only
to
discharges
on
the
Pueblo
of
Acoma.

Small
and
Large
Construction
Activities
19
General
Permit
i.
A
copy
of
the
storm
water
pollution
prevention
plan,
Notice
of
Intent,
and
Notice
of
Termination
must
be
submitted
to
the
Haaku
Water
Office
at
the
address
below.
The
pollution
prevention
plan
must
be
submitted
to
the
Pueblo
at
least
thirty
(
30)
days
in
advance
of
submitting
the
Notice
of
Intent
to
EPA.

HAAKU
WATER
OFFICE
Pueblo
of
Acoma
P.
O.
Box
309
Pueblo
of
Acoma,
NM
87034
b.
Pueblo
of
Isleta
The
following
conditions
apply
only
to
discharges
on
the
Pueblo
of
Isleta.

i.
Subpart
1.3.
C.
4,
(
Eligibility,
Limitations
on
Coverage)
first
sentence,
is
revised
to
read:
"
This
permit
does
not
authorize
discharges
that
EPA
or
the
Pueblo
of
Isleta,
prior
to
authorization
under
this
permit,
determines
will
cause,
have
the
reasonable
potential
to
cause,
or
contribute
to
an
excursion
above
any
applicable
water
quality
standard
or
impairment
of
a
designated
use
of
receiving
waters."

ii.
Subpart
2.4.
(
Where
to
Submit)
is
amended
to
add
the
following
section
(
2.4.
C):

C.
Copies
of
all
Notices
of
Intent
submitted
to
EPA
must
also
be
sent
concurrently
to
the
Pueblo
of
Isleta
at
the
following
address.
Discharges
are
not
authorized
by
this
permit
unless
an
accurate
and
complete
Notice
of
Intent
has
been
submitted
to
the
Pueblo
of
Islet
Regular
U.
S.
Mail
Delivery
Environment
Department
Pueblo
of
Isleta
P.
O.
Box
1270
Isleta,
NM
87022
OR
Overnight/
Express
Mail
Delivery
Environment
Department
Building
L
11000
Broadway,
SE
Albuquerque,
NM
87105
iii.
Part
2
(
Authorizations
for
Discharges
of
Storm
Water
from
Construction
Activity),
second
sentence,
is
amended
to
read:
"
Discharges
are
not
authorized
if
your
NOI
is
incomplete
or
inaccurate,
if
you
failed
to
submit
a
copy
of
the
NOI
to
the
Pueblo
of
Isleta,
or
if
you
were
never
eligible
for
permit
coverage.

iv.
Subpart
3.4.
(
Pollution
Prevention
Plan
Contents:
Controls
to
Reduce
Pollutants),
section
A,
last
sentence,
is
amended
to
read:
"
For
each
major
activity
identified
in
the
project
description
the
SWPPP
must
clearly
describe
appropriate
control
measures,
the
general
sequence
during
the
construction
process
in
which
the
measures
will
be
implemented,
and
which
operator
is
responsible
for
the
control
measure's
implementation
and
maintenance."

v.
Subpart
3.8
(
Copy
of
Permit
Requirements),
first
sentence,
is
revised
to
read
"
Copies
of
this
permit
and
of
the
signed
and
certified
NOI
form
that
was
submitted
to
the
Pueblo
of
Isleta
and
EPA
must
be
included
in
the
SWPPP."

vi.
Subpart
3.10.(
Inspections),
section
A
is
revised
to
read
"
Inspections
must
be
conducted
at
least
once
every
7
calendar
days
and
within
24
hours
of
the
end
of
a
storm
event
of
0.5
inches
or
greater."

vii.
Subpart
3.10.
(
Inspections),
section
G,
last
paragraph,
is
amended
to
add:
"
Copies
of
inspection
reports
that
identify
incidents
of
noncompliance
shall
be
sent
to
Pueblo
of
Isleta
at
the
address
listed
in
Subpart
2.4.
C."
(
See
above)

viii.
Subpart
3.12.
(
Signature,
Plan
Review
and
Making
Plans
Available),
section
A,
first
sentence
is
amended
to
read:
"
A
copy
of
the
SWPPP
(
including
a
copy
of
the
permit)
must
be
retained
at
the
construction
site
(
or
other
location
easily
accessible
during
normal
business
hours
to
the
Pueblo
of
Isleta's
Environmental
Department,
EPA,
a
state,
tribal
or
local
agency
approving
sediment
and
erosion
plans,
grading
plans,
or
storm
water
management
plans;
local
government
officials;
the
operator
of
a
municipal
separate
storm
sewer
receiving
discharges
from
the
site;
and
representatives
of
the
U.
S.
Fish
and
Wildlife
Service
or
the
National
Marine
Fisheries
Service)
from
the
date
of
commencement
of
construction
activities
to
the
date
of
final
stabilization."

ix.
Subpart
3.12.
(
Signature,
Plan
Review
and
Making
Plans
Available),
section
C.
is
amended
to
read:
"
SWPPPs
must
be
made
available
upon
request
by
EPA;
representatives
of
the
Pueblo
of
Isleta
Environment
Department,
a
state,
tribal
or
local
agency
approving
sediment
and
erosion
plans,
grading
plans,
or
storm
water
management
plans;
local
government
officials;
the
operator
of
a
municipal
separate
storm
sewer
receiving
discharges
from
the
site;
and
representatives
of
the
U.
S.
Fish
and
Wildlife
Service
or
the
National
Marine
Fisheries
Service
to
the
requestor.
The
copy
of
the
Small
and
Large
Construction
Activities
20
General
Permit
SWPPP
that
is
required
to
be
kept
on­
site
or
locally
available
must
be
made
available,
in
its
entirety,
to
the
EPA
staff
and
the
Pueblo
of
Isleta's
Environment
Department
staff
for
review
and
copying
at
the
time
of
an
on­
site
inspection.

x.
Subpart
3.13.
(
Management
Practices),
section
A
is
amended
to
add:
"
Erosion
and
sediment
controls
shall
be
designed
to
retain
sediment
on­
site."

xi.
Subpart
4.3
(
Releases
in
Excess
of
Reportable
Quantities),
first
bullet
is
amended
to
read:
"
you
must
provide
notice
to
the
Pueblo
of
Isleta
Environment
Department
(
505­
869­
5748)
and
the
National
Response
Center
(
NRC)
(
800
 
424
 
8802;
in
the
Washington,
DC,
metropolitan
area
call
202
 
426
 
2675)
in
accordance
with
the
requirements
of
40
CFR
Part
110,
40
CFR
Part
117
and
40
CFR
Part
302
as
soon
as
site
staff
have
knowledge
of
the
discharge;
and"

xii.
Subpart
4.5
(
Attainment
of
Water
Quality
Standards
After
Authorization),
is
amended
to
add
the
following
fourth
bullet:

"
You
must
provide
the
Pueblo
of
Isleta,
at
the
address
listed
in
Subpart
2.4.
C,
with
a
copy
of
the
EPA
notification,
the
supplemental
action
plan,
data
and
certification
required
by
EPA."

xiii.
Subpart
5.3.
(
Where
to
Submit)
is
amended
to
add
the
following
section
(
5.3.
C):

C.
Copies
of
all
Notices
of
Termination
submitted
to
EPA
must
also
be
sent
concurrently
to
the
Pueblo
of
Isleta
at
the
following
address.

Regular
U.
S.
Mail
Delivery
Environment
Department
Pueblo
of
Isleta
P.
O.
Box
1270
Isleta,
NM
87022
OR
Overnight/
Express
Mail
Delivery
Environment
Department
Building
L
11000
Broadway,
SE
Albuquerque,
NM
87105
xiv.
Any
correspondence,
other
than
NOIs
and
NOTs,
with
the
Pueblo
of
Isleta
concerning
storm
water
discharges
authorized
by
this
permit
shall
sent
one
of
the
addresses
in
Subpart
5.3.
C
(
see
above).

xv.
Appendix
G,
Section
9,
first
sentence
is
amended
to
read:

"
You
must
allow
the
Pueblo
of
Isleta's
Environment
Department,
EPA,
or
an
authorized
representative
(
including
an
authorized
contractor
acting
as
a
representative
of
the
Administrator),
upon
presentation
of
credentials
and
other
documents
as
may
be
required
by
law,
to:"

xvi.
Appendix
G,
Section
12,
subsections
A,
B,
C,
F,
G
and
H
are
amended
to
require
that
when
you
must
notify
EPA
of
an
event
(
e.
g.,
planned
changes,
anticipated
noncompliance,
transfers,
required
reporting
due
to
potential
adverse
effects
or
environmental
impacts
or
other
noncompliance
matters),
the
Pueblo
of
Isleta
must
also
be
notified.

xvii.
Parties
wishing
to
apply
for
an
Equivalent
Analysis
Waiver
(
see
Appendix
D,
Section
C)
must
provide
a
copy
of
the
waiver
analysis
to
the
Pueblo
of
Isleta
at
the
address
specified
in
Subpart
5.3.
C
(
See
above)
at
the
time
it
is
submitted
to
EPA.

c.
Pueblo
of
San
Juan.
The
following
conditions
apply
only
to
discharges
on
the
Pueblo
of
San
Juan.

i.
Copies
of
the
Notice
of
Intent
(
NOI)
and
Notice
of
Termination
(
NOT)
must
be
provided
to
the
Pueblo
at
the
time
it
is
provided
to
the
Environmental
Protection
Agency,
at
the
following
address:

Office
of
Environmental
Affairs
Pueblo
of
San
Juan
P.
O.
Box
717
San
Juan,
NM
87566
ii.
Appendix
G,
Section
10
(
Monitoring
and
records),
item
D
is
amended
to
add:

"
All
monitoring
must
be
conducted
in
accordance
with
the
Pueblo
of
San
Juan's
Quality
Assurance
Project
Plan."

d.
Pueblo
of
Sandia.
The
following
conditions
apply
only
to
discharges
on
the
Pueblo
of
Sandia.

Small
and
Large
Construction
Activities
21
General
Permit
i.
Copies
of
the
Notice
of
Intent
(
NOI)
and
Notice
of
Termination
(
NOT)
must
be
provided
to
the
Pueblo
at
the
same
time
it
is
submitted
to
the
Environmental
Protection
Agency.

Environment
Department
Pueblo
of
Sandia
Box
6008
Bernalillo,
NM
87004
ii.
The
Storm
Water
Pollution
Prevention
Plan
must
be
available
to
tribal
environmental
personnel
upon
request.

iii.
You
must
telephone
the
Pueblo
of
Sandia
Environment
Department
at
(
505)
867­
4533
of
any
noncompliance
that
may
endanger
human
health
or
the
environment
within
ten
(
10)
hours
of
becoming
aware
of
the
circumstance.

e.
Santa
Clara
Pueblo.
The
following
conditions
apply
only
to
discharges
on
the
Santa
Clara
Pueblo.

i.
Copies
of
the
Notice
of
Intent
(
NOI)
and
Notice
of
Termination
(
NOT)
must
be
provided
to
the
Santa
Clara
Pueblo
Office
of
Environmental
Affairs
at
the
same
time
it
is
submitted
to
the
Environmental
Protection
Agency.

Santa
Clara
Pueblo
Office
of
Environmental
Affairs
One
Knee
Street
P.
O.
Box
580
Espanola,
NM
87532
f.
Pueblo
of
Tesuque
The
following
conditions
apply
only
to
discharges
on
the
Pueblo
of
Tesuque.

i.
A
copy
of
the
storm
water
pollution
prevention
plan,
Notice
of
Intent,
and
Notice
of
Termination
must
be
submitted
to
the
Pueblo
of
Tesuque
Environment
Department
at
the
address
below.
The
Notice
of
Intent
and
the
Notice
of
Termination
must
be
submitted
at
the
same
time
they
are
submitted
to
EPA.
The
pollution
prevention
plan
must
be
submitted
before
the
project
begins.
Phone:
505­
983­
2667
FAX:
505­
982­
2331
Pueblo
of
Tesuque
Environment
Department
Rt.
42,
Box
360­
T
Santa
Fe,
NM
87506
3.
OKR15000F:
Discharges
in
the
State
of
Oklahoma
that
are
not
under
the
authority
of
the
Oklahoma
Department
of
Environmental
Quality,
including
activities
associated
with
oil
and
gas
exploration,
drilling,
operations,
and
pipelines
(
includes
SIC
Groups
13
and
46,
and
SIC
codes
492
and
5171),
and
point
source
discharges
associated
with
agricultural
production,
services,
and
silviculture
(
includes
SIC
Groups
01,
02,
07,
08,
09).

a.
Subpart
1.3.
C.
(
Limitations
on
Coverage)
is
modified
to
add
paragraphs
8
and
9
as
follows:

"
8.
For
activities
located
within
the
watershed
of
any
Oklahoma
Scenic
River,
including
the
Illinois
River,
Flint
Creek,
Barren
Fork
Creek,
Upper
Mountain
Fork,
Little
Lee
Creek,
and
Big
Lee
Creek
or
an
water
or
watershed
designated
"
ORW"
(
Outstanding
Resource
Water)
in
Oklahoma's
Water
Quality
Standards,
this
permit
may
only
be
used
to
authorize
discharges
from
temporary
construction
activities.
Discharges
from
ongoing
activities
such
as
sand
and
gravel
mining
or
any
other
mineral
mining
are
not
authorized.

9.
Activities
located
within
the
watershed
of
any
Oklahoma
Scenic
River,
including
the
Illinois
River,
Flint
Creek,
Barren
Fork
Creek,
Upper
Mountain
Fork,
Little
Lee
Creek,
and
Big
Lee
Creek
or
an
water
or
watershed
designated
"
ORW"
(
Outstanding
Resource
Water)
in
Oklahoma's
Water
Quality
Standards,
this
permit
may
not
be
used
to
authorize
discharges
from
concrete
or
asphalt
batch
plants."

D.
Region
8
1.
MTR10000I:
Indian
country
within
the
State
of
Montana
a.
Confederated
Salish
and
Kootenai
Tribes
of
the
Flathead
Nation.
The
following
conditions
apply
only
for
projects
on
the
Flathead
Indian
Reservation:

Small
and
Large
Construction
Activities
22
General
Permit
i.
The
permittee
must
send
the
SWPPP
to
the
Tribes
at
least
30
days
before
construction
starts.
The
30
day
period
will
give
Tribal
staff
time
to
become
familiar
with
the
project
site,
prepare
for
construction
inspections
and
determine
compliance
with
Tribal
water
quality
standards,
as
required
by
the
Tribe's
Water
Quality
Management
Ordinance
89B
(
1990)
and
Surface
Water
Quality
Standards
&
Antidegradation
Policy
(
1995).
Copies
of
the
SWPPP
should
be
sent
to
the
following
address:

Confederated
Salish
and
Kootenai
Tribes
Natural
Resources
Department
Department
Head
P.
O.
Box
278
Pablo,
MT
59855
ii.
Before
submitting
the
Notice
of
Termination,
permittees
must
clearly
demonstrate
to
an
appointed
tribal
staff
person
during
an
on­
site
inspection
that
requirements
for
site
stabilization
have
been
met
and
all
temporary
erosion
control
structures
removed.
The
staff
person
performing
the
on­
site
inspection
will
be
determined
by
the
Environmental
Protection
Division
Manager.
The
staff
person
will
draft
a
short
letter
stating
the
stabilization
requirements
have
been
met
to
add
to
the
permittees
Notice
of
Termination
submission
to
EPA.

iii.
The
permittee
must
send
a
copy
of
the
Notice
of
Intent
(
NOI)
and
the
Notice
of
Termination
(
NOT)
to
the
Tribes
at
the
same
time
that
the
NOI
and
NOT
is
sent
to
EPA.
Copies
of
the
NOI
and
NOT
should
be
sent
to
the
address
above.

b.
Fort
Peck
Tribes
­
Assiniboine
&
Sioux.
The
following
conditions
apply
only
for
projects
within
the
Fort
Peck
Indian
Reservation:

i.
The
permittee
must
send
a
copy
of
the
Notice
of
Intent
(
NOI)
and
the
Notice
of
Termination
(
NOT)
to
the
Tribes
at
the
same
time
that
the
NOI
and
NOT
is
sent
to
EPA.
Copies
of
the
NOI
and
NOT
should
be
sent
to
the
following
address:

Deb
Madison
Environmental
Program
Manager
Fort
Peck
Assiniboine
&
Sioux
Tribes
P.
O.
Box
1027
Poplar,
MT
59255
E.
Region
9
1.
ASR100000:
The
Island
of
American
Samoa
a.
Discharges
authorized
by
the
general
permit
shall
meet
all
applicable
American
Samoa
water
quality
standards.

b.
Permittees
discharging
under
the
general
permit
shall
comply
with
all
conditions
of
the
permit.

2.
AZR10000I:
Indian
country
lands
within
the
State
of
Arizona,
including
Navajo
Reservation
lands
in
New
Mexico
and
Utah
a.
White
Mountain
Apache
Tribe.
The
following
condition
applies
only
for
projects
on
the
White
Mountain
Apache
Reservation:
All
NOIs
for
proposed
storm
water
discharge
coverage
shall
be
provided
to
the
following
address:

Tribal
Environmental
Planning
Office
P.
O.
Box
2109
Whiteriver,
AZ
85941
3.
NIR100000:
Commonwealth
of
the
Northern
Mariana
Islands
(
CNMI)

a.
An
Earthmoving
and
Erosion
Control
Permit
shall
be
obtained
from
the
CNMI
DEQ
prior
to
any
construction
activity
covered
under
the
NPDES
general
permit.

b.
All
conditions
and
requirements
set
forth
in
the
USEPA
NPDES
general
permit
for
discharges
from
large
and
small
construction
must
be
complied
with.

Small
and
Large
Construction
Activities
23
General
Permit
c.
A
SWPPP
for
storm
water
discharges
from
construction
activity
must
be
approved
by
the
Director
of
the
CNMI
DEQ
prior
to
the
submission
of
the
NOI
to
USEPA.
The
CNMI
address
for
the
submittal
of
the
SWPPP
for
approval
is:

Commonwealth
of
the
Northern
Mariana
Islands
Office
of
the
Governor
Director,
Division
of
Environmental
Quality
(
DEQ)
P.
O.
Box
501304
C.
K.
Saipan,
MP
96950­
1304
d.
An
NOI
to
be
covered
by
the
general
permit
for
discharges
from
large
and
small
construction
sites
must
be
submitted
to
CNMI
DEQ
(
use
above
address)
and
USEPA,
Region
9,
in
the
form
prescribed
by
USEPA,
accompanied
by
a
SWPPP
approval
letter
from
CNMI
DEQ.

e.
The
NOI
must
be
postmarked
seven
(
7)
calendar
days
prior
to
any
storm
water
discharges
and
a
copy
must
be
submitted
to
the
Director
of
CNMI
DEQ
(
use
above
address)
no
later
than
seven
(
7)
calendar
days
prior
to
any
stormwater
discharges.

f.
Copies
of
all
monitoring
reports
required
by
the
NPDES
general
permit
must
be
submitted
to
CNMI
DEQ
(
use
above
address).

g.
In
accordance
with
section
10.3(
h)
and
(
i)
of
the
CNMI
water
quality
standards,
CNMI
DEQ
reserves
the
right
to
deny
coverage
under
the
general
permit
and
to
require
submittal
of
an
application
for
an
individual
NPDES
permit
based
on
a
review
of
the
NOI
or
other
information
made
available
to
the
Director.

F.
Region
10
1.
AKR100000:
The
State
of
Alaska,
except
Indian
country
a.
Operators
of
construction
projects
disturbing
five
or
more
acres
occurring
outside
the
Municipality
of
Anchorage
must
submit
a
copy
of
the
Storm
Water
Pollution
Prevention
Plan
(
SWPPP)
and
a
copy
of
the
Notice
of
Intent
(
NOI)
to
the
State
of
Alaska
Department
of
Environmental
Conservation
(
ADEC)
for
review,
and
shall
be
accompanied
by
the
state­
required
fee
of
$
400.
Submittal
of
the
SWPPP
and
the
NOI
to
the
ADEC
should
be
made
at
the
same
time
the
NOI
is
submitted
to
the
EPA.

b.
Operators
of
publicly­
funded
projects
disturbing
five
or
more
acres
occurring
within
the
Municipality
of
Anchorage
must
submit
a
copy
of
the
SWPPP
and
a
copy
of
the
NOI
to
the
ADEC
for
review,
and
shall
be
accompanied
by
the
state­
required
fee
of
$
400.
Submittal
of
the
SWPPP
and
the
NOI
to
the
ADEC
should
be
made
at
the
same
time
the
NOI
is
submitted
to
the
EPA.

c.
Operators
of
construction
projects
disturbing
at
least
one
acre
and
less
than
five
acres
must
submit
a
copy
of
the
NOI
to
the
ADEC
at
the
same
time
it
is
submitted
to
the
EPA.

d.
Storm
Water
Pollution
Prevention
Plans
and
Notices
of
Intent
must
be
submitted
to
ADEC
at
the
following
address:

Alaska
Department
of
Environmental
Conservation
Water
Quality
Permitting/
Storm
Water
555
Cordova
Street
Anchorage,
Alaska
99501
e.
Operators
of
private
construction
projects
disturbing
one
or
more
acres
within
the
Municipality
of
Anchorage
shall
submit
a
copy
of
the
Storm
Water
Pollution
Prevention
Plan
to
the
Municipality
at
the
following
address:

Municipality
of
Anchorage,
Office
of
Planning
Development
and
Public
Works
4700
S.
Bragaw
Street
P.
O.
Box
196650
Anchorage,
Alaska
99519­
6650
f.
Submittal
of
the
SWPPP
to
the
Municipality
of
Anchorage
should
be
made
before
or
at
the
same
time
the
NOI
is
submitted
to
the
EPA
and
the
ADEC
and
shall
be
accompanied
by
any
Municipality­
required
fee.

Small
and
Large
Construction
Activities
24
General
Permit
2.
IDR100000:
The
State
of
Idaho,
except
Indian
country
a.
Any
construction
related
storm
water
discharges
to
impaired
water
bodies
on
Idaho's
Clean
Water
Act
(
CWA)
Section
303(
d)
list
with
EPA­
approved
Total
Maximum
Daily
Loads
(
TMDL)
must
be
consistent
with
any
load
allocations
established
by
the
applicable
TMDL.

b.
No
net
increase
of
listed
pollutants
is
allowed
in
any
construction
related
storm
water
discharges
to
an
impaired
water
body
considered
"
high
priority"
as
included
on
Idaho's
CWA
Section
303(
d)
list
that
does
not
yet
have
an
EPA­
approved
TMDL.

c.
If
a
TMDL
has
not
been
established
for
an
impaired
water
body
considered
"
medium
priority"
or
"
low
priority"
as
included
on
Idaho's
CWA
Section
303(
d)
list,
BMPs
shall
be
employed
as
necessary
to
prohibit
further
impairment
of
the
designated
or
existing
beneficial
uses.

d.
Only
BMPs
authorized
by
the
appropriate
designated
agency
as
defined
in
the
Idaho
Water
Quality
Standards
and
Wastewater
Treatment
Requirements
(
IDAPA
58.01.02
et
seq.),
or
otherwise
approved
by
the
Idaho
Department
of
Environmental
Quality,
will
be
allowed.

e.
Use
of
the
"
Equivalent
Analysis
Waiver"
in
Addendum
D
is
not
authorized.

f.
Operators
may
contact
the
Idaho
Department
of
Environmental
Quality
regional
office
nearest
the
construction
activity
for
more
information
about
impaired
waterways:

Boise
Regional
Office:
1445
N.
Orchard
Boise
ID
83706­
2239
Tel:
(
208)
373­
0550
Fax:
(
208)
373­
0287
Grangeville
Satellite
Office:
300
W.
Main
Grangeville
ID
83530
Tel:
(
208)
983­
0808
Fax:
(
208)
983­
2873
Pocatello
Regional
Office:
444
Hospital
Way
#
300
Pocatello
ID
83201
Tel:
(
208)
236­
6160
Fax:
(
208)
236­
6168
Cascade
Satellite
Office:
109
N.
Main
St.,
PO
Box
247
Cascade,
ID
83611
Tel:
(
208)
382­
6808
Fax:
(
208)
382­
3327
Idaho
Falls
Regional
Office:
900
N.
Skyline,
Suite
B
Idaho
Falls,
ID
83402
Tel:
(
208)
528­
2650
Fax:
(
208)
528­
2695
Twin
Falls
Regional
Office:
601
Pole
Line
Road,
Suite
2
Twin
Falls,
ID
83301
Tel:
(
208)
736­
2190
Fax:
(
208)
736­
2194
Coeur
d'Alene
Regional
Office:
2110
Ironwood
Parkway
Coeur
d'Alene
ID
83814
Tel:
(
208)
769­
1422
Fax:
(
208)
769­
1404
Lewiston
Regional
Office:
1118
"
F"
Street
Lewiston,
ID
83501
Tel:
(
208)
799­
4370
Toll
Free:
1­
877­
541­
3304
Fax:
(
208)
799­
3451
3.
ORR10000I:
Indian
country
within
the
State
of
Oregon,
except
Fort
McDermitt
Reservation
lands
(
see
Region
9):

a.
Confederated
Tribes
of
the
Umatilla
Indian
Reservation.
The
following
conditions
apply
only
for
projects
within
the
exterior
boundaries
of
the
Umatilla
Indian
Reservation:

i.
The
operator
shall
be
responsible
for
achieving
compliance
with
the
Confederated
Tribes
of
the
Umatilla
Indian
Reservation's
(
CTUIR)
Water
Quality
Standards.

ii.
The
operator
shall
submit
all
Erosion
Control
and/
or
Storm
Water
Pollution
Prevention
Plans
to
the
CTUIR
Water
Resources
Program
for
review
and
approval
by
the
Department
of
Natural
Resources
Director
prior
to
submitting
the
Notice
of
Intent
to
EPA
and
prior
to
beginning
any
discharge
activities.

iii.
The
operator
shall
contact
the
CTUIR
Tribal
Historic
Preservation
Office
(
THPO)
prior
to
beginning
any
construction
activities
to
determine
whether
a
cultural
resource
survey
of
the
project
area
or
other
investigation
is
required.
All
cultural
resource
fieldwork
must
be
conducted
by
qualified
personnel
and
documented
using
Oregon
Reporting
Standards.
The
resulting
report
must
be
submitted
to
the
THPO
for
concurrence
at
least
30
days
before
any
ground
disturbing
work
can
occur
at
the
site.
The
operator
must
obtain
THPO
concurrence
in
the
form
of
a
letter,
which
(
if
necessary)
will
include
any
measures
that
must
be
taken
to
prevent
or
mitigate
adverse
effects
to
potentially
eligible
historic
properties,
prior
to
any
ground
disturbing
work.

iv.
The
operator
shall
submit
copies
of
the
Notice
of
Intent
to
the
CTUIR
Water
Resources
Program
and
the
CTUIR
Tribal
Historic
Preservation
Office
at
the
same
time
it
is
submitted
to
EPA.

Small
and
Large
Construction
Activities
25
General
Permit
Small
and
Large
Construction
Activities
26
v.
Erosion
Control
and
Storm
Water
Pollution
Prevention
Plans
and
Notices
of
Intent
shall
be
submitted
to:

Confederated
Tribes
of
the
Umatilla
Indian
Reservation
Water
Resources
Program
P.
O.
Box
638
Pendleton,
OR
97801
(
541)
276­
3447
Confederated
Tribes
of
the
Umatilla
Indian
Reservation
Cultural
Resources
Protection
Program
Tribal
Historic
Preservation
Office
P.
O.
Box
638
Pendleton,
OR
97801
(
541)
276­
3629
b.
Confederated
Tribes
of
Warm
Springs.
The
following
conditions
apply
only
for
projects
on
the
Warm
Springs
Indian
Reservation:

i.
All
activities
covered
by
this
NPDES
general
permit
occurring
within
a
designated
riparian
buffer
zone
as
established
in
Ordinance
74
(
Integrated
Resource
Management
Plan
or
IRMP)
must
be
reviewed,
approved
and
permitted
through
the
Tribe's
Hydraulic
Permit
Application
process,
including
payment
of
any
applicable
fees.

ii.
All
activities
covered
by
this
NPDES
general
permit
must
follow
all
applicable
land
management
and
resource
conservation
requirements
specified
in
the
IRMP.

iii.
Operators
of
activities
covered
by
this
NPDES
general
permit
must
submit
a
Storm
Water
Pollution
Prevention
Plan
to
the
Tribe's
Water
Control
Board
at
the
following
address
for
approval
at
least
30
days
prior
to
beginning
construction
activity:

Chair,
Warm
Springs
Water
Control
Board
P.
O.
Box
C
Warm
Springs,
Oregon
97761
4.
WAR10000F:
Federal
Facilities
in
the
State
of
Washington,
except
those
located
on
Indian
Country
The
following
conditions
apply
to
stormwater
discharges
from
all
permitted
construction
sites
which
disturb
one
acre
or
more
and
which
discharge
to
surface
waters
(
40
CFR
part
122.26(
b)(
14)(
x)
and
122.26
(
b)(
15)):

a.
Discharges
must
not
cause
or
contribute
to
a
violation
of
surface
water
quality
standards
(
Chapter
173­
201A
WAC),
sediment
management
standards
(
Chapter
173­
204
WAC),
ground
water
quality
standards
(
Chapter
173­
200
WAC),
and
human
health­
based
criteria
in
the
National
Toxics
Rule
(
Federal
Register,
Vol.
57,
No.
246,
Dec.
22,
1992,
pages
60848­
60923).
Discharges
that
are
not
in
compliance
with
these
standards
are
not
authorized.

b.
You
must
apply
all
known
available
and
reasonable
methods
of
prevention,
control
and
treatment
(
AKART),
including
the
preparation
and
implementation
of
an
adequate
Stormwater
Pollution
Prevention
Plan
(
SWPPP),
with
all
appropriate
BMPs
installed
and
maintained
in
accordance
with
the
SWPPP
and
the
terms
and
conditions
of
this
permit.

c.
Stormwater
BMPs
must
be
properly
designed,
constructed,
maintained
and
operated
to:

i.
Prevent
pollution
of
state
waters
and
protect
water
quality,
including
compliance
with
applicable
state
water
quality
standards;

ii.
Satisfy
state
requirements
for
all
known
available
and
reasonable
methods
of
prevention,
control
and
treatment
(
AKART)
of
wastes
(
including
construction
stormwater
runoff)
prior
to
discharge
to
waters
of
the
state;
and
iii.
Satisfy
the
federal
technology­
based
treatment
requirements
under
40
CFR
part
125.3.

d.
You
must
document
the
technical
basis
for
the
design
criteria
used
to
select
and
design
your
stormwater
management
BMPs.
You
must
document
within
your
Stormwater
Pollution
Prevention
Plan
(
SWPPP)
how
stormwater
BMPs
were
selected,
the
pollutant
removal
performance
expected
from
the
BMP
being
selected,
the
technical
basis
(
scientific,
technical
studies,
and/
or
modeling)
which
support
the
performance
claims
for
the
BMPs
being
selected,
and
an
assessment
of
how
the
selected
BMP
will
General
Permit
Small
and
Large
Construction
Activities
27
comply
with
state
water
quality
standards,
satisfy
the
state
AKART
requirements,
and
satisfy
the
federal
technology­
based
treatment
requirements.

If
you
choose
to
follow
the
stormwater
management
practices
contained
in
stormwater
technical
manuals
approved
by
Washington
State,
including
the
proper
selection,
implementation
and
maintenance
of
appropriate
BMPs,
you
are
presumed
to
have
satisfied
this
demonstration
requirement
and
do
not
need
to
include
within
the
SWPPP
the
technical
basis
which
support
the
performance
claims
for
the
BMPs
being
used.
The
SWPPP
must
include
a
reference
to
the
manual
used.
Approved
stormwater
technical
manuals
include:

i.
Stormwater
Management
Manual
for
Western
Washington,
August
2001,
for
sites
west
of
the
crest
of
the
Cascade
Mountains;

ii.
Stormwater
Management
Manual
for
Eastern
Washington,
(
completion
expected
in
the
fall
of
2003)
for
sites
east
of
the
crest
of
the
Cascade
Mountains;
or
iii.
Other
equivalent
stormwater
management
guidance
documents
approved
by
Ecology.

e.
Stormwater
discharges
from
construction
sites
which
disturb
5
acres
or
more
(
40
CFR
part
122.26(
b)(
14)(
x))
and
which
discharge
to
surface
waters
listed
as
impaired
by
the
state
under
Section
303(
d)
of
the
Clean
Water
Act
for
turbidity,
fine
sediment,
high
pH,
and/
or
phosphorus
are
subject
to
an
effluent
limitation
that
is
equal
to
the
applicable
water
quality
standards
at
the
point
of
discharge.
If
impairment
is
due
to
turbidity
and/
or
fine
sediment,
the
turbidity
at
the
point
of
discharge
shall
not
exceed
the
background
(
upstream)
turbidity
of
the
receiving
water.

i.
Effluent
limitations
apply
to
direct
discharges
to
listed
waterbodies
as
well
as
indirect
discharges
via
a
stormwater
conveyance
system.

ii.
All
references
and
requirements
associated
with
Section
303(
d)
of
the
Clean
Water
Act
shall
use
the
most
current
listing
by
Ecology
of
impaired
waters
that
exists
at
the
time
of
application
for
coverage
under
this
permit
f.
Stormwater
discharges
from
construction
sites
which
disturb
5
acres
or
more
(
40
CFR
part
122.26(
b)(
14)(
x))
and
which
discharge
to
surface
waters
for
which
there
is
a
total
maximum
daily
load
(
TMDL)
allocation
or
other
control
plan
that
addresses
sediment
(
including
turbidity,
fine
sediment,
total
suspended
solids
or
siltation),
high
pH,
or
phosphorus
must
be
consistent
with
the
requirements
in
the
approved
TMDL
or
applicable
control
plan.
Control
plans
may
be
total
maximum
daily
load
(
TMDL)
determinations,
restrictions
for
the
protection
of
endangered
species,
ground
water
management
plans,
or
other
limitations
that
regulate
or
set
limits
on
discharges
to
a
specific
waterbody
or
groundwater
recharge
area.

Information
on
impaired
waterways
is
available
from
the
Department
of
Ecology
web
site
at:
http://
www.
ecy.
wa.
gov/
programs/
wq/
stormwater.
You
may
also
contact
the
Department
of
Ecology
for
more
information
about
impaired
waterways
at:

Mailing
Address:
Department
of
Ecology
Stormwater
Unit
PO
Box
47600
Olympia,
WA
98504­
7600
Phone:
360­
407­
6000
Physical
Address:
Department
of
Ecology
300
Desmond
Drive
Lacey,
WA
98503
Phone:
360­
407­
6000
5.
WAR10000I:
Indian
country
within
the
State
of
Washington
a.
Puyallup
Tribe
of
Indians.
The
following
conditions
apply
only
for
projects
on
the
Puyallup
Reservation:

i.
Each
operator
shall
be
responsible
for
achieving
compliance
with
the
Puyallup
Tribe's
Water
Quality
Standards.
General
Permit
ii.
Each
operator
shall
submit
all
Pollution
Prevention
Plans
to
the
Puyallup
Tribe
Environmental
Department
for
review
and
approval
prior
to
beginning
any
discharge
activities.

iii.
Each
operator
shall
submit
a
copy
of
the
Notice
of
Intent
to
the
Puyallup
Tribal
Environmental
Department
at
the
same
time
it
is
submitted
to
EPA.

iv.
Storm
Water
Pollution
Prevention
Plans
and
Notices
of
Intent
shall
be
submitted
to:

Puyallup
Tribe
Natural
Resources,
Environmental
Department
1850
Alexander
Avenue
Tacoma,
WA
98421
b.
Confederated
Tribes
of
the
Chehalis
Reservation.
The
following
conditions
apply
only
for
projects
on
the
Chehalis
Reservation:

i.
The
operator
shall
be
responsible
for
achieving
compliance
with
the
Chehalis
Tribe's
Water
Quality
Standards.

ii.
The
operator
shall
submit
a
Storm
Water
Pollution
Prevention
Plan
to
the
Chehalis
Tribe
Department
of
Natural
Resources
for
review
and
approval
at
least
thirty
(
30)
days
prior
to
beginning
any
discharge
activities.

iii.
The
operator
shall
submit
a
copy
of
the
Notice
of
Intent
to
the
Chehalis
Tribe
Department
of
Natural
Resources
at
the
same
time
it
is
submitted
to
EPA.

iv.
Storm
Water
Pollution
Prevention
Plans
and
Notices
of
Intent
shall
be
submitted
to:

Chehalis
Tribe
Department
of
Natural
Resources
420
Howanut
Road
Oakville,
WA
98568
Small
and
Large
Construction
Activities
28
General
Permit
Appendix
A
­
Definitions
and
Acronyms
Definitions
"
Arid
Areas"
means
areas
with
an
average
annual
rainfall
of
0
to
10
inches.

"
Best
Management
Practices"
(
BMPs)
means
schedules
of
activities,
prohibitions
of
practices,
maintenance
procedures,
and
other
management
practices
to
prevent
or
reduce
the
discharge
of
pollutants
to
waters
of
the
United
States.
BMPs
also
include
treatment
requirements,
operating
procedures,
and
practice
to
control
plant
site
runoff,
spillage
or
leaks,
sludge
or
waste
disposal,
or
drainage
from
raw
material
storage.

"
Commencement
of
Construction
Activities"
means
the
initial
disturbance
of
soils
associated
with
clearing,
grading,
or
excavating
activities
or
other
construction­
related
activities
(
e.
g.,
stockpiling
of
fill
material).

"
Control
Measure"
as
used
in
this
permit,
refers
to
any
BMP
or
other
method
used
to
prevent
or
reduce
the
discharge
of
pollutants
to
waters
of
the
United
States.

"
CWA"
means
the
Clean
Water
Act
or
the
Federal
Water
Pollution
Control
Act,
33
U.
S.
C.
section
1251
et
seq.

"
Discharge"
when
used
without
qualification
means
the
``
discharge
of
a
pollutant.''

"
Discharge
of
Storm
Water
Associated
with
Construction
Activity"
as
used
in
this
permit,
refers
to
a
discharge
of
pollutants
in
storm
water
from
areas
where
soil
disturbing
activities
(
e.
g.,
clearing,
grading,
or
excavation),
construction
materials
or
equipment
storage
or
maintenance
(
e.
g.,
fill
piles,
borrow
area,
concrete
truck
washout,
fueling),
or
other
industrial
storm
water
directly
related
to
the
construction
process
(
e.
g.,
concrete
or
asphalt
batch
plants)
are
located.

"
Eligible"
means
qualified
for
authorization
to
discharge
storm
water
under
this
general
permit.

"
Facility"
or
"
Activity"
means
any
"
point
source"
or
any
other
facility
or
activity
(
including
land
or
appurtenances
thereto)
that
is
subject
to
regulation
under
the
NPDES
program.

"
Federal
Facility"
means
any
buildings,
installations,
structures,
land,
public
works,
equipment,
aircraft,
vessels,
and
other
vehicles
and
property,
owned
by,
or
constructed
or
manufactured
for
the
purpose
of
leasing
to,
the
Federal
government.

"
Final
Stabilization"
means
that:

1.
All
soil
disturbing
activities
at
the
site
have
been
completed
and
either
of
the
two
following
criteria
are
met:

a.
a
uniform
(
e.
g,,
evenly
distributed,
without
large
bare
areas)
perennial
vegetative
cover
with
a
density
of
70
percent
of
the
native
background
vegetative
cover
for
the
area
has
been
established
on
all
unpaved
areas
and
areas
not
covered
by
permanent
structures,
or
b.
equivalent
permanent
stabilization
measures
(
such
as
the
use
of
riprap,
gabions,
or
geotextiles)
have
been
employed.

2.
When
background
native
vegetation
will
cover
less
than
100
percent
of
the
ground
(
e.
g.,
arid
areas,
beaches),
the
70
percent
coverage
criteria
is
adjusted
as
follows:
if
the
native
vegetation
covers
50
percent
of
the
ground,
70
percent
of
50
percent
(
0.70
X
0.50
=
0.35)
would
require
35
percent
total
cover
for
final
stabilization.
On
a
beach
with
no
natural
vegetation,
no
stabilization
is
required.

3.
In
arid
and
semi­
arid
areas
only,
all
soil
disturbing
activities
at
the
site
have
been
completed
and
both
of
the
following
criteria
have
been
met:

a.
Temporary
erosion
control
measures
(
e.
g.,
degradable
rolled
erosion
control
product)
are
selected,
designed,
and
installed
along
with
an
appropriate
seed
base
to
provide
erosion
control
for
at
least
three
years
without
active
maintenance
by
you,

b.
The
temporary
erosion
control
measures
are
selected,
designed,
and
installed
to
achieve
70
percent
vegetative
coverage
within
three
years.

4.
For
individual
lots
in
residential
construction,
final
stabilization
means
that
either:

a.
The
homebuilder
has
completed
final
stabilization
as
specified
above,
or
Small
and
Large
Construction
Activities
A­
1
General
Permit
b.
The
homebuilder
has
established
temporary
stabilization
including
perimeter
controls
for
an
individual
lot
prior
to
occupation
of
the
home
by
the
homeowner
and
informing
the
homeowner
of
the
need
for,
and
benefits
of,
final
stabilization.

5.
For
construction
projects
on
land
used
for
agricultural
purposes
(
e.
g.,
pipelines
across
crop
or
range
land,
staging
areas
for
highway
construction,
etc.),
final
stabilization
may
be
accomplished
by
returning
the
disturbed
land
to
its
preconstruction
agricultural
use.
Areas
disturbed
that
were
not
previously
used
for
agricultural
activities,
such
as
buffer
strips
immediately
adjacent
to
``
water
of
the
United
States,''
and
areas
which
are
not
being
returned
to
their
preconstruction
agricultural
use
must
meet
the
final
stabilization
criteria
(
1)
or
(
2)
or
(
3)
above.

"
Indian
country"
is
defined
at
40
CFR
§
122.2
to
mean:

1.
All
land
within
the
limits
of
any
Indian
reservation
under
the
jurisdiction
of
the
United
States
Government,
notwithstanding
the
issuance
of
any
patent,
and,
including
rights­
of­
way
running
through
the
reservation;

2.
All
dependent
Indian
communities
with
the
borders
of
the
United
States
whether
within
the
originally
or
subsequently
acquired
territory
thereof,
and
whether
within
or
without
the
limits
of
a
state;
and
3.
All
Indian
allotments,
the
Indian
titles
to
which
have
not
been
extinquished,
including
rights­
of­
ways
running
through
the
same.

"
Large
Construction
Activity"
is
defined
at
40
CFR
§
122.26(
b)(
14)(
x)
and
incorporated
here
by
reference.
A
large
construction
activity
includes
clearing,
grading,
and
excavating
resulting
in
a
land
disturbance
that
will
disturb
equal
to
or
greater
than
five
acres
of
land
or
will
disturb
less
than
five
acres
of
total
land
area
but
is
part
of
a
larger
common
plan
of
development
or
sale
that
will
ultimately
disturb
equal
to
or
greater
than
five
acres.
Large
construction
activity
does
not
include
routine
maintenance
that
is
performed
to
maintain
the
original
line
and
grade,
hydraulic
capacity,
or
original
purpose
of
the
site.

"
Municipal
Separate
Storm
Sewer
System"
or
"
MS4"
is
defined
at
40
CFR
§
122.26(
b)(
8)
to
mean
a
conveyance
or
system
of
conveyances
(
including
roads
with
drainage
systems,
municipal
streets,
catch
basins,
curbs,
gutters,
ditches,
manmade
channels,
or
storm
drains):

1.
Owned
and
operated
by
a
state,
city,
town,
borough,
county,
parish,
district,
association,
or
other
public
body
(
created
by
or
pursuant
to
State
law)
having
jurisdiction
over
disposal
of
sewage,
industrial
wastes,
storm
water,
or
other
wastes,
including
special
districts
under
State
law
such
as
a
sewer
district,
flood
control
district
or
drainage
district,
or
similar
entity,
or
an
Indian
tribe
or
an
authorized
Indian
tribal
organization,
or
a
designated
and
approved
management
agency
under
section
208
of
the
CWA
that
discharges
to
waters
of
the
United
States;

2.
Designed
or
used
for
collecting
or
conveying
storm
water;

3.
Which
is
not
a
combined
sewer;
and
4.
Which
is
not
part
of
a
Publicly
Owned
Treatment
Works
(
POTW)
as
defined
at
40
CFR
§
122.2.

"
New
Project"
means
the
"
commencement
of
construction
activities"
occurs
after
the
effective
date
of
this
permit.

"
Ongoing
Project"
means
the
"
commencement
of
construction
activities"
occurs
before
the
effective
date
of
this
permit.

"
Operator"
for
the
purpose
of
this
permit
and
in
the
context
of
storm
water
associated
with
construction
activity,
means
any
party
associated
with
a
construction
project
that
meets
either
of
the
following
two
criteria:

1.
The
party
has
operational
control
over
construction
plans
and
specifications,
including
the
ability
to
make
modifications
to
those
plans
and
specifications;
or
2.
The
party
has
day­
to­
day
operational
control
of
those
activities
at
a
project
which
are
necessary
to
ensure
compliance
with
a
SWPPP
for
the
site
or
other
permit
conditions
(
e.
g.,
they
are
authorized
to
direct
workers
at
a
site
to
carry
out
activities
required
by
the
SWPPP
or
comply
with
other
permit
conditions).
This
definition
is
provided
to
inform
permittees
of
EPA's
interpretation
of
how
the
regulatory
definitions
of
``
owner
or
operator''
and
``
facility
or
activity''
are
applied
to
discharges
of
storm
water
associated
with
construction
activity.

"
Owner
or
operator"
means
the
owner
or
operator
of
any
``
facility
or
activity''
subject
to
regulation
under
the
NPDES
program.

Small
and
Large
Construction
Activities
A­
2
General
Permit
"
Permitting
Authority"
means
the
United
States
Environmental
Protection
Agency,
EPA,
a
Regional
Administrator
of
the
Environmental
Protection
Agency
or
an
authorized
representative.

"
Point
Source"
means
any
discernible,
confined,
and
discrete
conveyance,
including
but
not
limited
to,
any
pipe,
ditch,
channel,
tunnel,
conduit,
well,
discrete
fissure,
container,
rolling
stock
concentrated
animal
feeding
operation,
landfill
leachate
collection
system,
vessel
or
other
floating
craft
from
which
pollutants
are
or
may
be
discharged.
This
term
does
not
include
return
flows
from
irrigated
agriculture
or
agricultural
storm
water
runoff.

"
Pollutant"
is
defined
at
40
CFR
§
122.2.
A
partial
listing
from
this
definition
includes:
dredged
spoil,
solid
waste,
sewage,
garbage,
sewage
sludge,
chemical
wastes,
biological
materials,
heat,
wrecked
or
discarded
equipment,
rock,
sand,
cellar
dirt,
and
industrial
or
municipal
waste.

"
Project
Area"
means:

 
The
areas
on
the
construction
site
where
storm
water
discharges
originate
and
flow
toward
the
point
of
discharge
into
the
receiving
waters
(
including
areas
where
excavation,
site
development,
or
other
ground
disturbance
activities
occur)
and
the
immediate
vicinity.
(
Example:
1.
Where
bald
eagles
nest
in
a
tree
that
is
on
or
bordering
a
construction
site
and
could
be
disturbed
by
the
construction
activity
or
where
grading
causes
storm
water
to
flow
into
a
small
wetland
or
other
habitat
that
is
on
the
site
that
contains
listed
species.)

 
The
areas
where
storm
water
discharges
flow
from
the
construction
site
to
the
point
of
discharge
into
receiving
waters.
(
Example:
Where
storm
water
flows
into
a
ditch,
swale,
or
gully
that
leads
to
receiving
waters
and
where
listed
species
(
such
as
amphibians)
are
found
in
the
ditch,
swale,
or
gully.)

 
The
areas
where
storm
water
from
construction
activities
discharge
into
receiving
waters
and
the
areas
in
the
immediate
vicinity
of
the
point
of
discharge.
(
Example:
Where
storm
water
from
construction
activities
discharges
into
a
stream
segment
that
is
known
to
harbor
listed
aquatic
species.)

 
The
areas
where
storm
water
BMPs
will
be
constructed
and
operated,
including
any
areas
where
storm
water
flows
to
and
from
BMPs.
(
Example:
Where
a
storm
water
retention
pond
would
be
built.)

 
The
areas
upstream
and
/
or
downstream
from
construction
activities
discharges
into
a
stream
segment
that
may
be
affected
by
the
said
discharges.
(
Example:
Where
sediment
discharged
to
a
receiving
stream
settles
downstream
and
impacts
a
breeding
area
of
a
listed
aquatic
species.)

"
Receiving
water"
means
the
"
Water
of
the
United
States"
as
defined
in
40
CFR
§
122.2
into
which
the
regulated
storm
water
discharges.

"
Runoff
coefficient"
means
the
fraction
of
total
rainfall
that
will
appear
at
the
conveyance
as
runoff.

"
Semi­
Arid
Areas"
means
areas
with
an
average
annual
rainfall
of
10
to
20
inches.

"
Site"
means
the
land
or
water
area
where
any
"
facility
or
activity"
is
physically
located
or
conducted,
including
adjacent
land
used
in
connection
with
the
facility
or
activity.

"
Small
Construction
Activity"
is
defined
at
40
CFR
§
122.26(
b)(
15)
and
incorporated
here
by
reference.
A
small
construction
activity
includes
clearing,
grading,
and
excavating
resulting
in
a
land
disturbance
that
will
disturb
equal
to
or
greater
than
one
(
1)
acre
and
less
than
five
(
5)
acres
of
land
or
will
disturb
less
than
one
(
1)
acre
of
total
land
area
but
is
part
of
a
larger
common
plan
of
development
or
sale
that
will
ultimately
disturb
equal
to
or
greater
than
one
(
1)
acre
and
less
than
five
(
5)
acres.
Small
construction
activity
does
not
include
routine
maintenance
that
is
performed
to
maintain
the
original
line
and
grade,
hydraulic
capacity,
or
original
purpose
of
the
site.

"
Storm
Water"
means
storm
water
runoff,
snow
melt
runoff,
and
surface
runoff
and
drainage.

"
Storm
Water
Discharge­
Related
Activities"
as
used
in
this
permit,
include:
activities
that
cause,
contribute
to,
or
result
in
storm
water
point
source
pollutant
discharges,
including
but
not
limited
to:
excavation,
site
development,
grading
and
other
surface
disturbance
activities;
and
measures
to
control
storm
water
including
the
siting,
construction
and
operation
of
BMPs
to
control,
reduce
or
prevent
storm
water
pollution.

"
Total
Maximum
Daily
Load"
or
"
TMDL"
means
the
sum
of
the
individual
wasteload
allocations
(
WLAs)
for
point
sources
and
load
allocations
(
LAs)
for
nonpoint
sources
and
natural
background.
If
a
receiving
water
has
only
one
point
source
discharger,
the
TMDL
is
the
sum
of
that
point
source
WLA
plus
the
LAs
for
any
nonpoint
sources
of
pollution
and
natural
background
sources,
tributaries,
or
adjacent
segments.
TMDLs
can
be
expressed
in
terms
of
either
mass
per
time,
toxicity,
or
other
appropriate
measure.

Small
and
Large
Construction
Activities
A­
3
General
Permit
"
Waters
of
the
United
States"
is
as
defined
at
40
CFR
§
122.2.

"
Wetland"
means
those
areas
that
are
inundated
or
saturated
by
surface
or
groundwater
at
a
frequency
and
duration
sufficient
to
support,
and
that
under
normal
circumstances
do
support,
a
prevalence
of
vegetation
typically
adapted
for
life
in
saturated
soil
conditions.
Wetlands
generally
include
swamps,
marshes,
bogs,
and
similar
areas.

ACRONYMS
BMP
­
Best
Management
Practices
CGP
­
Construction
General
Permit
CFR
­
Code
of
Federal
Regulations
CWA
­
Clean
Water
Act
EPA
­
United
States
Environmental
Protection
Agency
ESA
­
Endangered
Species
Act
FWS
­
United
States
Fish
and
Wildlife
Service
MS4
­
Municipal
Separate
Storm
Sewer
System
MSGP
­
Multi­
Sector
General
Permit
NHPA
­
National
Historic
Preservation
Act
NMFS
­
United
States
National
Marine
Fisheries
Service
NOI
­
Notice
of
Intent
NOT
­
Notice
of
Termination
NPDES
­
National
Pollutant
Discharge
Elimination
System
POTW
­
Publicly
Owned
Treatment
Works
SHPO
­
State
Historic
Preservation
Officer
SWPPP
­
Storm
Water
Pollution
Prevention
Plan
THPO
­
Tribal
Historic
Preservation
Officer
TMDL
­
Total
Maximum
Daily
Load
WQS
­
Water
Quality
Standard
Small
and
Large
Construction
Activities
A­
4
General
Permit
Appendix
B
­
Permit
Areas
Eligible
for
Coverage
Permit
coverage
for
storm
water
discharges
from
construction
activity
occurring
within
the
following
areas
is
provided
by
legally
separate
and
distinctly
numbered
permits:

1.
EPA
Region
1:
CT,
MA,
ME,
NH,
RI,
VT
US
EPA,
Region
01
Office
of
Ecosystem
Protection
NPDES
Storm
Water
Program
1
Congress
St,
Suite
1100
(
CMU)
Boston,
MA
02114­
2023
The
States
of
Connecticut,
Maine,
Rhode
Island,
and
Vermont
are
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
their
respective
states.
The
1998
CGP
was
issued
in
the
State
of
Massachusetts
on
February
17,
1998
(
63
FR
78116)
and
the
terms
and
conditions
of
the
1998
permit
are
effective
for
large
construction
activities
in
Massachusetts
until
further
noticed.
EPA
will
reissue
this
permit
for
the
State
of
Massachusetts
and
for
Indian
Country
within
the
State
of
Massachusetts
for
both
large
and
small
construction
activities
at
a
future
date.

Permit
No.
Areas
of
Coverage/
Where
EPA
is
Permitting
Authority
CTR10000I
Indian
country
within
the
State
of
Connecticut
NHR100000
State
of
New
Hampshire
RIR10000I
Indian
country
within
the
State
of
Rhode
Island
VTR10000F
Federal
Facilities
in
the
State
of
Vermont
2.
EPA
Region
2:
NJ,
NY,
PR,
VI
For
NJ,
NY,
and
VI:

US
EPA,
Region
02
NPDES
Storm
Water
Program
290
Broadway,
24th
Floor
New
York,
NY
10007­
1866
For
PR:

US
EPA,
Region
02
Caribbean
Environmental
Protection
Division
NPDES
Storm
Water
Program
1492
Ponce
de
Leon
Ave
Central
Europa
Building,
Suite
417
San
Juan,
PR
00907­
4127
The
State
of
New
York
is
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
its
state.
The
State
of
New
Jersey
and
the
Virgin
Islands
are
the
NPDES
Permitting
Authority
for
all
discharges
within
their
respective
states.

Permit
No.
Areas
of
Coverage/
Where
EPA
is
Permitting
Authority
NYR10000I
Indian
country
within
the
State
of
New
York
PRR100000
The
Commonwealth
of
Puerto
Rico
Small
and
Large
Construction
Activities
B­
1
General
Permit
3.
EPA
Region
3:
DE,
DC,
MD,
PA,
VA,
WV
US
EPA,
Region
03
NPDES
Storm
Water
Program
1650
Arch
St
Philadelphia,
PA
19103
The
State
of
Delaware
is
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
its
state.
Maryland,
Pennsylvania,
Virginia,
and
West
Virginia
are
the
NPDES
Permitting
Authority
for
all
discharges
within
their
respective
states.

Permit
No.
Areas
of
Coverage/
Where
EPA
is
Permitting
Authority
DCR100000
The
District
of
Columbia
DER10000F
Federal
Facilities
in
the
State
of
Delaware
4.
EPA
Region
4:
AL,
FL,
GA,
KY,
MS,
NC,
SC,
TN
US
EPA,
Region
04
Water
Management
Division
NPDES
Storm
Water
Program
61
Forsyth
St
SW
Atlanta,
GA
30303­
3104
Coverage
Not
Available.
Construction
activities
in
Region
4
must
obtain
permit
coverage
under
an
alternative
permit.

5.
EPA
Region
5:
IL,
IN,
MI,
MN,
OH,
WI
US
EPA,
Region
05
NPDES
&
Technical
Support
NPDES
Storm
Water
Program
77
W
Jackson
Blvd
(
WN­
16J)
Chicago,
IL
60604­
3507
The
States
of
Michigan,
Minnesota,
and
Wisconsin
are
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
their
respective
states.
The
States
of
Illinois,
Indiana,
and
Ohio
are
the
NPDES
Permitting
Authorities
for
all
discharges
within
their
respective
states.

Permit
No.
Areas
of
coverage/
where
EPA
is
Permitting
Authority
MIR10000I
Indian
country
within
the
State
of
Michigan
MNR10000I
Indian
country
within
the
State
of
Minnesota
WIR10000I
Indian
country
within
the
State
of
Wisconsin,
except
the
Sokaogon
Chippewa
(
Mole
Lake)
Community.

Small
and
Large
Construction
Activities
B­
2
General
Permit
6.
EPA
Region
6:
AR,
LA,
OK,
TX,
NM
(
except
see
Region
9
for
Navajo
lands,
and
see
Region
8
for
Ute
Mountain
Reservation
lands)
US
EPA,
Region
06
NPDES
Storm
Water
Program
1445
Ross
Ave,
Suite
1200
Dallas,
TX
75202­
2733
The
States
of
Louisiana,
Oklahoma,
and
Texas
are
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
their
respective
state.
The
State
of
Arkansas
is
the
NPDES
Permitting
Authority
for
all
discharges
within
its
respective
state.

Permit
No.
Areas
of
coverage/
where
EPA
is
Permitting
Authority
LAR15000I
Indian
country
within
the
State
of
Louisiana
NMR150000
The
State
of
New
Mexico,
except
Indian
country
NMR15000I
Indian
country
within
the
State
of
New
Mexico,
except
Navajo
Reservation
Lands
that
are
covered
under
Arizona
permit
AZR10000I
and
Ute
Mountain
Reservation
Lands
that
are
covered
under
Colorado
permit
COR10000I.
OKR15000I
Indian
country
within
the
State
of
Oklahoma
OKR15000F
Discharges
in
the
State
of
Oklahoma
that
are
not
under
the
authority
of
the
Oklahoma
Department
of
Environmental
Quality,
including
activities
associated
with
with
oil
and
gas
exploration,
drilling,
operations,
and
pipelines
(
includes
SIC
Groups
13
and
46,
and
SIC
codes
492
and
5171),
and
point
source
discharges
associated
with
agricultural
production,
services,
and
silviculture
(
includes
SIC
Groups
01,
02,
07,
08,
09).
TXR15000F
Discharges
in
the
State
of
Texas
that
are
not
under
the
authority
of
the
Texas
Commission
on
Environmental
Quality
(
formerly
TNRCC),
including
activities
associated
with
the
exploration,
development,
or
production
of
oil
or
gas
or
geothermal
resources,
including
transportation
of
crude
oil
or
natural
gas
by
pipeline.
TXR15000I
Indian
country
within
the
State
of
Texas.

7.
EPA
Region
7:
IA,
KS,
MO,
NE
(
except
see
Region
8
for
Pine
Ridge
Reservation
Lands)
US
EPA,
Region
07
NPDES
Storm
Water
Program
901
N
5th
St
Kansas
City,
KS
66101
The
States
of
Iowa,
Kansas,
and
Nebraska
are
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
their
respective
states.
The
State
of
Missouri
is
the
NPDES
Permitting
Authority
for
all
discharges
within
its
state.

Permit
No.
Areas
of
coverage/
where
EPA
is
Permitting
Authority
IAR10000I
Indian
country
within
the
State
of
Iowa
KSR10000I
Indian
country
within
the
State
of
Kansas
NER10000I
Indian
country
within
the
State
of
Nebraska,
except
Pine
Ridge
Reservation
lands
(
see
Region
8)

Small
and
Large
Construction
Activities
B­
3
General
Permit
8.
EPA
Region
8:
CO,
MT,
ND,
SD,
WY,
UT
(
except
see
Region
9
for
Goshute
Reservation
and
Navajo
Reservation
Lands),
the
Ute
Mountain
Reservation
in
NM,
and
the
Pine
Ridge
Reservation
in
NE.
US
EPA,
Region
08
NPDES
Storm
Water
Program
999
18th
St,
Suite
300
(
EPR­
EP)
Denver,
CO
80202­
2466
The
States
of
Colorado,
Montana,
North
Dakota,
South
Dakota,
Utah,
and
Wyoming
are
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
their
respective
states.

Permit
No.
Areas
of
coverage/
where
EPA
is
Permitting
Authority
COR10000F
Federal
Facilities
in
the
State
of
Colorado,
except
those
located
on
Indian
country
COR10000I
Indian
country
within
the
State
of
Colorado,
as
well
as
the
portion
of
the
Ute
Mountain
Reservation
located
in
New
Mexico
MTR10000I
Indian
country
within
the
State
of
Montana
NDR10000I
Indian
country
within
the
State
of
North
Dakota,
as
well
as
that
portion
of
the
Standing
Rock
Reservation
located
in
South
Dakota
(
except
for
the
portion
of
the
lands
within
the
former
boundaries
of
the
Lake
Traverse
Reservation
which
is
covered
under
South
Dakota
permit
SDR10000I
listed
below)
SDR10000I
Indian
country
within
the
State
of
South
Dakota,
as
well
as
the
portion
of
the
Pine
Ridge
Reservation
located
in
Nebraska
and
the
portion
of
the
lands
within
the
former
boundaries
of
the
Lake
Traverse
Reservation
located
in
North
Dakota
(
except
for
the
Standing
Rock
Reservation
which
is
covered
under
North
Dakota
permit
NDR10000I
listed
above)
UTR10000I
Indian
country
within
the
State
of
Utah,
except
Goshute
and
Navajo
Reservation
lands
(
see
Region
9)
WYR10000I
Indian
country
within
the
State
of
Wyoming
9.
EPA
Region
9:
CA,
HI,
NV,
Guam,
American
Samoa,
the
Commonwealth
of
the
Northern
Mariana
Islands,
the
Goshute
Reservation
in
UT
and
NV,
the
Navajo
Reservation
in
UT,
NM,
and
AZ,
the
Duck
Valley
Reservation
in
ID,
and
the
Fort
McDermitt
Reservation
in
OR.
US
EPA,
Region
09
NPDES
Storm
Water
Program
75
Hawthorne
St
San
Francisco,
CA
94105­
3901
The
States
of
Arizona,
California
and
Nevada
are
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
their
respective
states.
The
State
of
Hawaii
is
the
NPDES
Permitting
Authority
for
all
discharges
within
its
state.

Permit
No.
Areas
of
coverage/
where
EPA
is
Permitting
Authority
ASR100000
The
Island
of
American
Samoa
AZR10000I
Indian
country
within
the
State
of
Arizona,
as
well
as
Navajo
Reservation
lands
in
New
Mexico
and
Utah
CAR10000I
Indian
country
within
the
State
of
California
GUR100000
The
Island
of
Guam
JAR100000
Johnston
Atoll
MWR100000
Midway
Island
and
Wake
Island
NIR100000
Commonwealth
of
the
Northern
Mariana
Islands
NVR10000I
Indian
country
within
the
State
of
Nevada,
as
well
as
the
Duck
Valley
Reservation
in
Idaho,
the
Fort
McDermitt
Reservation
in
Oregon
and
the
Goshute
Reservation
in
Utah
Small
and
Large
Construction
Activities
B­
4
General
Permit
10.
EPA
Region
10:
AK,
WA,
ID
(
except
see
Region
9
for
Duck
Valley
Reservation
Lands),
and
OR
(
except
see
Region
9
for
Fort
McDermitt
Reservation).
US
EPA,
Region
10
NPDES
Storm
Water
Program
1200
6th
Ave
(
OW­
130)
Seattle,
WA
98101­
1128
Phone:
(
206)
553­
6650
The
States
of
Oregon
and
Washington
are
the
NPDES
Permitting
Authority
for
the
majority
of
discharges
within
their
respective
states.

Permit
No.
Areas
of
coverage/
where
EPA
is
Permitting
Authority
AKR100000
The
State
of
Alaska,
except
Indian
country
AKR10000I
Indian
country
within
the
state
of
Alaska
IDR100000
The
State
of
Idaho,
except
Indian
country
IDR10000I
Indian
country
within
the
State
of
Idaho,
except
Duck
Valley
Reservation
lands
(
see
Region
9)
ORR10000I
Indian
country
within
the
State
of
Oregon,
except
Fort
McDermitt
Reservation
lands
(
see
Region
9)
WAR10000F
Federal
Facilities
in
the
State
of
Washington,
except
those
located
on
Indian
country
WAR10000I
Indian
country
within
the
State
of
Washington
Small
and
Large
Construction
Activities
B­
5
General
Permit
Appendix
C
­
Endangered
Species
Act
Review
Procedures
You
must
meet
at
least
one
of
the
six
criteria
in
Subpart
1.3.
C.
6
to
be
eligible
for
coverage
under
this
permit.
You
must
follow
the
procedures
in
this
Appendix
to
assess
the
potential
effects
of
storm
water
discharges
and
storm
water
discharge­
related
activities
on
listed
species
and
their
critical
habitat.
When
evaluating
these
potential
effects,
operators
must
evaluate
the
entire
project
area.

For
purposes
of
this
Appendix,
the
term
"
project
area"
is
inclusive
of
the
term
"
Action
Area."
Action
area
is
defined
in
50
CFR
§
402.02
as
all
areas
to
be
affected
directly
or
indirectly
by
the
federal
action
and
not
merely
the
immediate
area
involved
in
the
action.
This
includes
areas
beyond
the
footprint
of
the
construction
area
that
may
be
affected
by
storm
water
discharges
and
storm
water
discharge
related
activities.
"
Project
area"
is
defined
in
Appendix
A.

(
Operators
who
are
eligible
and
able
to
certify
eligibility
under
Criterion
B,
C,
D,
or
F
of
Subpart
1.3.
C.
6
because
of
a
previously
issued
ESA
section
10
permit,
a
previously
completed
ESA
section
7
consultation,
or
because
the
operator's
activities
were
already
addressed
in
another
operator's
certification
of
eligibility
may
proceed
directly
to
Step
Four.)

Step
One:
Determine
if
Listed
Threatened
or
Endangered
Species
are
Present
On
or
Near
Your
Project
Area
You
must
determine,
to
the
best
of
your
knowledge,
whether
listed
species
are
located
on
or
near
your
project
area.
To
make
this
determination,
you
should:

Determine
if
listed
species
are
in
your
county
or
township.
The
local
offices
of
the
U.
S.
Fish
and
Wildlife
Service
(
FWS),
National
Marine
Fisheries
Service
(
NMFS),
and
State
or
Tribal
Heritage
Centers
often
maintain
lists
of
federally
listed
endangered
or
threatened
species
on
their
internet
sites.
Visit
www.
epa.
gov/
npdes/
stormwater/
cgp
to
find
the
appropriate
site
for
your
state
or
check
with
your
local
office.
In
most
cases,
these
lists
allow
you
to
determine
if
there
are
listed
species
in
your
county
or
township.
 

If
there
are
listed
species
in
your
county
or
township,
check
to
see
if
critical
habitat
has
been
designated
and
if
that
area
overlaps
or
is
near
your
project
area.
 

 
Contact
your
local
FWS,
NMFS,
or
State
or
Tribal
Heritage
Center
to
determine
if
the
listed
species
could
be
found
on
or
near
your
project
area
and
if
any
critical
habitat
areas
have
been
designated
that
overlap
or
are
near
your
project
area.
Critical
habitat
areas
maybe
designated
independently
from
the
listed
species
for
your
county,
so
even
if
there
are
no
listed
species
in
your
county
or
township,
you
must
still
contact
one
of
the
agencies
mentioned
above
to
determine
if
there
are
any
critical
habitat
areas
on
or
near
your
project
area.

You
can
also
find
critical
habitat
designations
and
associated
requirements
at
50
CFR
Parts
17
and
226.
http://
www.
access.
gpo.
gov.

 

 

 

 

 
If
there
are
no
listed
species
in
your
county
or
township,
no
critical
habitat
areas
on
or
near
your
project
area,
or
if
your
local
FWS,
NMFS,
or
State
or
Tribal
Heritage
Center
indicates
that
listed
species
are
not
a
concern
in
your
part
of
the
county
or
township,
you
may
check
box
A
on
the
Notice
of
Intent
Form.

If
there
are
listed
species
and
if
your
local
FWS,
NMFS,
or
State
or
Tribal
Heritage
Center
indicates
that
these
species
could
exist
on
or
near
your
project
area,
you
will
need
to
do
one
or
more
of
the
following:

Conduct
visual
inspections:
This
method
may
be
particularly
suitable
for
construction
sites
that
are
smaller
in
size
or
located
in
non­
natural
settings
such
as
highly
urbanized
areas
or
industrial
parks
where
there
is
little
or
no
natural
habitat,
or
for
construction
activities
that
discharge
directly
into
municipal
storm
water
collection
systems.

Conduct
a
formal
biological
survey.
In
some
cases,
particularly
for
larger
construction
sites
with
extensive
storm
water
discharges,
biological
surveys
may
be
an
appropriate
way
to
assess
whether
species
are
located
on
or
near
the
project
area
and
whether
there
are
likely
adverse
effects
to
such
species.
Biological
surveys
are
frequently
performed
by
environmental
consulting
firms.
A
biological
survey
may
in
some
cases
be
useful
in
conjunction
with
Steps
Two,
Three,
or
Four
of
these
instructions.

Conduct
an
environmental
assessment
under
the
National
Environmental
Policy
Act
(
NEPA).
Such
reviews
may
indicate
if
listed
species
are
in
proximity
to
the
project
area.
Coverage
under
the
CGP
does
not
trigger
such
a
review
because
the
CGP
does
not
regulate
new
sources
(
that
is,
dischargers
subject
to
New
Source
Performance
Standards
under
section
306
of
the
Clean
Water
Act),
and
is
thus
statutorily
Small
and
Large
Construction
Activities
C­
1
General
Permit
exempted
from
NEPA.
See
CWA
section
511(
c).
However,
some
construction
activities
might
require
review
under
NEPA
for
other
reasons
such
as
federal
funding
or
other
federal
involvement
in
the
project.

If
listed
threatened
or
endangered
species
or
critical
habitat
are
present
in
the
project
area,
you
must
look
at
impacts
to
species
and/
or
habitat
when
following
Steps
Two
through
Four.
Note
that
many
but
not
all
measures
imposed
to
protect
listed
species
under
these
steps
will
also
protect
critical
habitat.
Thus,
meeting
the
eligibility
requirements
of
this
CGP
may
require
measures
to
protect
critical
habitat
that
are
separate
from
those
to
protect
listed
species.

Step
Two:
Determine
if
the
Construction
Activity's
Storm
Water
Discharges
or
Storm
Water
Discharge­
Related
Activities
Are
Likely
to
Adversely
Affect
Listed
Threatened
or
Endangered
Species
or
Designated
Critical
Habitat
To
receive
CGP
coverage,
you
must
assess
whether
your
storm
water
discharges
or
storm
water
dischargerelated
activities
is
likely
to
adversely
affect
listed
threatened
or
endangered
species
or
designated
critical
habitat
that
are
present
on
or
near
your
project
area.

Potential
adverse
effects
from
storm
water
discharges
and
storm
water
discharge­
related
activities
include:

Hydrological.
Storm
water
discharges
may
cause
siltation,
sedimentation
or
induce
other
changes
in
receiving
waters
such
as
temperature,
salinity
or
pH.
These
effects
will
vary
with
the
amount
of
storm
water
discharged
and
the
volume
and
condition
of
the
receiving
water.
Where
a
storm
water
discharge
constitutes
a
minute
portion
of
the
total
volume
of
the
receiving
water,
adverse
hydrological
effects
are
less
likely.
Construction
activity
itself
may
also
alter
drainage
patterns
on
a
site
where
construction
occurs
that
can
impact
listed
species
or
critical
habitat.
 

 

 
Habitat.
Excavation,
site
development,
grading,
and
other
surface
disturbance
activities
from
construction
activities,
including
the
installation
or
placement
of
storm
water
BMPs,
may
adversely
affect
listed
species
or
their
habitat.
Storm
water
may
drain
or
inundate
listed
species
habitat.

Toxicity.
In
some
cases,
pollutants
in
storm
water
may
have
toxic
effects
on
listed
species.

The
scope
of
effects
to
consider
will
vary
with
each
site.
If
you
are
having
difficulty
determining
whether
your
project
is
likely
to
adversely
affect
listed
species
or
critical
habitat,
or
one
of
the
Services
has
already
raised
concerns
to
you,
you
must
contact
the
appropriate
office
of
the
FWS,
NMFS
or
Natural
Heritage
Center
for
assistance.
If
adverse
effects
are
not
likely,
then
you
may
check
box
E
on
the
NOI
form
and
apply
for
coverage
under
the
CGP.
If
the
discharge
may
adversely
effect
listed
species
or
critical
habitat,
you
must
follow
Step
Three.

Step
Three:
Determine
if
Measures
Can
Be
Implemented
to
Avoid
Adverse
Effects
If
you
make
a
preliminary
determination
that
adverse
effects
are
likely
to
occur,
you
can
still
receive
coverage
under
Criterion
E
of
Subpart
1.3.
C.
6
of
the
CGP
if
appropriate
measures
are
undertaken
to
avoid
or
eliminate
the
likelihood
of
adverse
effects
prior
to
applying
for
CGP
coverage.
These
measures
may
involve
relatively
simple
changes
to
construction
activities
such
as
re­
routing
a
storm
water
discharge
to
bypass
an
area
where
species
are
located,
relocating
BMPs,
or
by
changing
the
"
footprint"
of
the
construction
activity.
You
should
contact
the
FWS
and/
or
NMFS
to
see
what
appropriate
measures
might
be
suitable
to
avoid
or
eliminate
the
likelihood
of
adverse
impacts
to
listed
species
and/
or
critical
habitat.
(
See
50
CFR
§
402.13(
b)).
This
can
entail
the
initiation
of
informal
consultation
with
the
FWS
and/
or
NMFS
(
described
in
more
detail
in
Step
Four).

If
you
adopt
measures
to
avoid
or
eliminate
adverse
affects,
you
must
continue
to
abide
by
those
measures
for
the
duration
of
the
construction
project
and
coverage
under
the
CGP.
These
measures
must
be
described
in
the
SWPPP
and
are
enforceable
CGP
conditions
and/
or
conditions
for
meeting
the
eligibility
criteria
in
Subpart
1.3.
If
appropriate
measures
to
avoid
the
likelihood
of
adverse
effects
are
not
available,
you
must
follow
Step
Four.

Step
Four:
Determine
if
the
Eligibility
Requirements
of
Criterion
B,
C,
D,
or
F
of
Subpart
1.3.
C.
6
Can
Be
Met
Where
adverse
effects
are
likely,
you
must
contact
the
FWS
and/
or
NMFS.
You
may
still
be
eligible
for
CGP
coverage
if
any
likely
adverse
effects
can
be
addressed
through
meeting
Criterion
B,
C,
D,
or
F
of
Subpart
1.3.
C.
6
of
the
CGP.
These
criteria
are
as
follows:

1.
An
ESA
Section
7
Consultation
Is
Performed
for
Your
Activity
(
See
Criterion
B
or
C
of
Subpart
1.3.
C.
6
of
the
CGP).

Formal
or
informal
ESA
section
7
consultation
is
performed
with
the
FWS
and/
or
NMFS
that
addresses
the
effects
of
your
storm
water
discharges
and
storm
water
discharge­
related
activities
on
federally­
listed
and
threatened
Small
and
Large
Construction
Activities
C­
2
General
Permit
species
and
designated
critical
habitat.
FWS
and/
or
NMFS
may
request
that
consultation
take
place
if
any
actions
are
identified
that
may
affect
listed
species
or
critical
habitat.
In
order
to
be
eligible
for
coverage
under
this
permit,
consultation
must
result
in
a
"
no
jeopardy
opinion"
or
a
written
concurrence
by
the
Service(
s)
on
a
finding
that
your
storm
water
discharge(
s)
and
storm
water
discharge­
related
activities
are
not
likely
to
adversely
affect
listed
species
or
critical
habitat
(
For
more
information
on
consultation,
see
50
CFR
§
402).
If
you
receive
a
"
jeopardy
opinion,"
you
may
continue
to
work
with
the
FWS
and/
or
NMFS
and
your
permitting
authority
to
modify
your
project
so
that
it
will
not
jeopardize
listed
species
or
designated
critical
habitat.

Most
consultations
are
accomplished
through
informal
consultation.
By
the
terms
of
this
CGP,
EPA
has
automatically
designated
operators
as
non­
federal
representatives
for
the
purpose
of
conducting
informal
consultations.
See
Subpart
1.3.
C.
6
and
50
CFR
§
402.08
and
§
402.13.
When
conducting
informal
ESA
section
7
consultation
as
a
non­
federal
representative,
you
must
follow
the
procedures
found
in
50
CFR
Part
402
of
the
ESA
regulations.
You
must
notify
FWS
and/
or
NMFS
of
your
intention
and
agreement
to
conduct
consultation
as
a
non­
federal
representative.

Consultation
may
occur
in
the
context
of
another
federal
action
at
the
construction
site
(
e.
g.,
where
ESA
section
7
consultation
was
performed
for
issuance
of
a
wetlands
dredge
and
fill
permit
for
the
project
or
where
a
NEPA
review
is
performed
for
the
project
that
incorporates
a
section
7
consultation).
Any
terms
and
conditions
developed
through
consultations
to
protect
listed
species
and
critical
habitat
must
be
incorporated
into
the
SWPPP.
As
noted
above,
operators
may,
if
they
wish,
initiate
consultation
with
the
Services
at
Step
Four.

Whether
ESA
section
7
consultation
must
be
performed
with
either
the
FWS,
NMFS
or
both
Services
depends
on
the
listed
species
that
may
be
affected
by
the
operator's
activity.
In
general,
NMFS
has
jurisdiction
over
marine,
estuaries,
and
anadromous
species.
Operators
should
also
be
aware
that
while
formal
section
7
consultation
provides
protection
from
incidental
takings
liability,
informal
consultation
does
not.

2.
An
Incidental
Taking
Permit
Under
Section
10
of
the
ESA
is
Issued
for
the
Operators
Activity
(
See
Criterion
D
of
Subpart
1.3.
C.
6
of
the
CGP).

Your
construction
activities
are
authorized
through
the
issuance
of
a
permit
under
section
10
of
the
ESA
and
that
authorization
addresses
the
effects
of
your
storm
water
discharge(
s)
and
storm
water
discharge­
related
activities
on
federally­
listed
species
and
designated
critical
habitat.
You
must
follow
FWS
and/
or
NMFS
procedures
when
applying
for
an
ESA
Section
10
permit
(
see
50
CFR
§
17.22(
b)(
1)
for
FWS
and
§
222.22
for
NMFS).
Application
instructions
for
section
10
permits
for
FWS
and
NMFS
can
be
obtained
by
accessing
the
FWS
and
NMFS
websites
(
http://
www.
fws.
gov
and
http://
www.
nmfs.
noaa.
gov)
or
by
contacting
the
appropriate
FWS
and
NMFS
regional
office.

3.
You
are
Covered
Under
the
Eligibility
Certification
of
Another
Operator
for
the
Project
Area
(
See
Criterion
F
of
Subpart
1.3.
C.
6
of
the
CGP).

Your
storm
water
discharges
and
storm
water
discharge­
related
activities
were
already
addressed
in
another
operator's
certification
of
eligibility
under
Criteria
A
through
E
of
Subpart
1.3.
C.
6
which
also
included
your
project
area.
For
example,
a
general
contractor
or
developer
may
have
completed
and
filed
an
NOI
for
the
entire
project
area
with
the
necessary
Endangered
Species
Act
certifications
(
criteria
A­
E),
subcontractors
may
then
rely
upon
that
certification
and
must
comply
with
any
conditions
resulting
from
that
process.
By
certifying
eligibility
under
Criterion
F
of
Subpart
1.3.
C.
6,
you
agree
to
comply
with
any
measures
or
controls
upon
which
the
other
operator's
certification
under
Criterion
B,
C,
or
D
of
Subpart
1.3.
C.
6
was
based.
Certification
under
Criterion
F
of
Subpart
1.3.
C.
6
is
discussed
in
more
detail
in
the
Fact
Sheet
that
accompanies
this
permit.

You
must
comply
with
any
terms
and
conditions
imposed
under
the
eligibility
requirements
of
Criterion
A
through
F
to
ensure
that
your
storm
water
discharges
and
storm
water
discharge­
related
activities
are
protective
of
listed
species
and/
or
critical
habitat.
Such
terms
and
conditions
must
be
incorporated
in
the
project's
SWPPP.
If
the
eligibility
requirements
of
Subpart
1.3.
C.
6
cannot
be
met,
then
you
are
not
eligible
for
coverage
under
the
CGP.
In
these
instances,
you
may
consider
applying
to
EPA
for
an
individual
permit.

Small
and
Large
Construction
Activities
C­
3
General
Permit
Appendix
D
­
Small
Construction
Waivers
and
Instructions
These
waivers
are
only
available
to
storm
water
discharges
associated
with
small
construction
activities
(
i.
e.,
1­
5
acres).
As
the
operator
of
a
small
construction
activity,
you
may
be
able
to
qualify
for
a
waiver
in
lieu
of
needing
to
obtain
coverage
under
this
general
permit
based
on:
(
A)
a
low
rainfall
erosivity
factor,
(
B)
a
TMDL
analysis,
or
(
C)
an
equivalent
analysis
that
determines
allocations
for
small
construction
sites
are
not
needed.
Each
operator,
otherwise
needing
permit
coverage,
must
notify
EPA
of
its
intention
for
a
waiver.
It
is
the
responsibility
of
those
individuals
wishing
to
obtain
a
waiver
from
coverage
under
this
general
permit
to
submit
a
complete
and
accurate
waiver
certification
as
described
below.
Where
the
operator
changes
or
another
is
added
during
the
construction
project,
the
new
operator
must
also
submit
a
waiver
certification
to
be
waived.

A.
Rainfall
Erosivity
Waiver
Under
this
scenario
the
small
construction
project's
rainfall
erosivity
factor
calculation
("
R"
in
the
Revised
Universal
Soil
Loss
Equation)
is
less
than
5
during
the
period
of
construction
activity.
The
operator
must
certify
to
the
Permitting
Authority
that
construction
activity
will
occur
only
when
the
rainfall
erosivity
factor
is
less
than
5.
The
period
of
construction
activity
begins
at
initial
earth
disturbance
and
ends
with
final
stabilization.
Where
vegetation
will
be
used
for
final
stabilization,
the
date
of
installation
of
a
stabilization
practice
that
will
provide
interim
non­
vegetative
stabilization
can
be
used
for
the
end
of
the
construction
period,
provided
the
operator
commits
(
as
a
condition
of
waiver
eligibility)
to
periodically
inspect
and
properly
maintain
the
area
until
the
criteria
for
final
stabilization
as
defined
in
the
construction
general
permit
have
been
met.
If
use
of
this
interim
stabilization
eligibility
condition
was
relied
on
to
qualify
for
the
waiver,
signature
on
the
waiver
with
its
certification
statement
constitutes
acceptance
of
and
commitment
to
complete
the
final
stabilization
process.
The
operator
must
submit
a
waiver
certification
to
EPA
prior
to
commencing
construction
activities.

Note:
The
rainfall
erosivity
factor
"
R"
is
determined
in
accordance
with
Chapter
2
of
Agriculture
Handbook
Number
703,
Predicting
Soil
Erosion
by
Water:
A
Guide
to
Conservation
Planning
With
the
Revised
Universal
Soil
Loss
Equation
(
RUSLE),
pages
21
 
64,
dated
January
1997;
United
States
Department
of
Agriculture
(
USDA),
Agricultural
Research
Service.

EPA
funded
a
cooperative
agreement
with
Texas
A&
M
University
to
develop
an
online
rainfall
erosivity
calculator.
You
can
access
the
calculator
from
EPA's
website
at:
www.
epa.
gov/
npdes/
stormwater/
cgp.
Use
of
the
calculator
allows
you
to
determine
potential
eligibility
for
the
rainfall
erosivity
waiver.
It
may
also
be
useful
in
determining
the
time
periods
during
which
construction
activity
could
be
waived
from
permit
coverage.
You
may
find
that
moving
your
construction
activity
by
a
few
weeks
or
expediting
site
stabilization
will
allow
you
to
qualify
for
the
waiver.

If
you
are
the
operator
of
the
construction
activity
and
eligible
for
a
waiver
based
on
low
erosivity
potential,
you
must
provide
the
following
information
on
the
waiver
certification
in
order
to
be
waived
from
permitting
requirements:

1.
Name,
address
and
telephone
number
of
the
construction
site
operators;

2.
Name
(
or
other
identifier),
address,
county
or
similar
governmental
subdivision,
and
latitude/
longitude
of
the
construction
project
or
site;

3.
Estimated
construction
start
and
completion
(
i.
e.,
final
stabilization)
dates,
and
total
acreage
(
to
the
nearest
quarter
acre)
to
be
disturbed;

4.
The
rainfall
erosivity
factor
calculation
that
applies
to
the
active
construction
phase
at
your
project
site;
and
5.
A
statement,
signed
and
dated
by
an
authorized
representative
as
provided
in
Appendix
G,
Subsection
11,
that
certifies
that
the
construction
activity
will
take
place
during
a
period
when
the
value
of
the
rainfall
erosivity
factor
is
less
than
five.

At
the
time
of
publication,
a
Low
Erosivity
Waiver
Form
is
not
available.
If
EPA
does
create
a
form,
it
will
be
noticed
(
either
directly,
by
public
notice,
or
by
making
information
available
on
the
Internet
at
www.
epa.
gov/
npdes/
stormwater/
cgp.

Note:
If
the
R
factor
is
5
or
greater,
you
cannot
apply
for
the
rainfall
erosivity
waiver,
and
must
apply
for
permit
coverage
as
per
Subpart
2.1
of
the
construction
general
permit,
unless
you
qualify
for
the
Water
Quality
Waiver
as
described
below.

If
your
small
construction
project
continues
beyond
the
projected
completion
date
given
on
the
waiver
certification,
you
must
recalculate
the
rainfall
erosivity
factor
for
the
new
project
duration.
If
the
R
factor
is
below
five
(
5),
you
Small
and
Large
Construction
Activities
D­
1
General
Permit
must
update
all
applicable
information
on
the
waiver
certification
and
retain
a
copy
of
the
revised
waiver
as
part
of
the
site
SWPPP.
The
new
waiver
certification
must
be
submitted
prior
to
the
projected
completion
date
listed
on
the
original
waiver
form
to
assure
your
exemption
from
permitting
requirements
is
uninterrupted.
If
the
new
R
factor
is
five
(
5)
or
above,
you
must
submit
an
NOI
as
per
Part
2.

B.
TMDL
Waiver
This
waiver
is
available
if
EPA
has
established
or
approved
a
TMDL
that
addresses
the
pollutant(
s)
of
concern
and
has
determined
that
controls
on
storm
water
discharges
from
small
construction
activity
are
not
needed
to
protect
water
quality.
The
pollutant(
s)
of
concern
include
sediment
(
such
as
total
suspended
solids,
turbidity
or
siltation)
and
any
other
pollutant
that
has
been
identified
as
a
cause
of
impairment
of
any
water
body
that
will
receive
a
discharge
from
the
construction
activity.
Information
on
TMDLs
that
have
been
established
or
approved
by
EPA
is
available
from
EPA
online
at
http://
www.
epa.
gov/
owow/
tmdl/
and
from
state
and
tribal
water
quality
agencies.

If
you
are
the
operator
of
the
construction
activity
and
eligible
for
a
waiver
based
on
compliance
with
an
EPA
established
or
approved
TMDL,
you
must
provide
the
following
information
on
the
Waiver
Certification
form
in
order
to
be
waived
from
permitting
requirements:

1.
Name,
address
and
telephone
number
of
the
construction
site
operator(
s);

2.
Name
(
or
other
identifier),
address,
county
or
similar
governmental
subdivision,
and
latitude/
longitude
of
the
construction
project
or
site;

3.
Estimated
construction
start
and
completion
(
i.
e.,
final
stabilization)
dates,
and
total
acreage
(
to
the
nearest
quarter
acre)
to
be
disturbed;

4.
The
name
of
the
water
body(
s)
that
would
be
receiving
storm
water
discharges
from
your
construction
project;

5.
The
name
and
approval
date
of
the
TMDL;

6.
A
statement,
signed
and
dated
by
an
authorized
representative
as
provided
in
Appendix
G,
Subsection
11,
that
certifies
that
the
construction
activity
will
take
place
and
that
the
storm
water
discharges
will
occur,
within
the
drainage
area
addressed
by
the
TMDL.

C.
Equivalent
Analysis
Waiver
This
waiver
is
available
for
non­
impaired
waters
only.
The
operator
can
develop
an
equivalent
analysis
that
determines
allocations
for
his
small
construction
site
for
the
pollutant(
s)
of
concern
or
determines
that
such
allocations
are
not
needed
to
protect
water
quality.
This
waiver
requires
a
small
construction
operator
to
develop
an
equivalent
analysis
based
on
existing
in­
stream
concentrations,
expected
growth
in
pollutant
concentrations
from
all
sources,
and
a
margin
of
safety.

If
you
are
a
construction
operator
who
wants
to
use
this
waiver,
you
must
develop
your
equivalent
analysis
and
provide
the
following
information
to
be
waived
from
permitting
requirements:

1.
Name,
address
and
telephone
number
of
the
construction
site
operator(
s);

2
Name
(
or
other
identifier),
address,
county
or
similar
governmental
subdivision,
and
latitude/
longitude
of
the
construction
project
or
site;

3
Estimated
construction
start
and
completion
(
i.
e.,
final
stabilization)
dates,
and
total
acreage
(
to
the
nearest
quarter
acre)
to
be
disturbed;

4.
The
name
of
the
water
bodies
that
would
be
receiving
storm
water
discharges
from
your
construction
project;

5.
Your
equivalent
analysis;

6.
A
statement,
signed
and
dated
by
an
authorized
representative
as
provided
in
Appendix
G,
Subsection
11,
that
certifies
that
the
construction
activity
will
take
place
and
that
the
storm
water
discharges
will
occur,
within
the
drainage
area
addressed
by
the
equivalent
analysis.

D.
Waiver
Deadlines
and
Submissions
1.
Waiver
certifications
must
be
submitted
prior
to
commencement
of
construction
activities.

Small
and
Large
Construction
Activities
D­
2
General
Permit
2.
If
you
submit
a
TMDL
or
equivalent
analysis
waiver
request,
you
are
not
waived
until
EPA
approves
your
request.
As
such,
you
may
not
commence
construction
activities
until
receipt
of
approval
from
EPA.

3.
Late
Notifications:
Operators
are
not
prohibited
from
submitting
waiver
certifications
after
initiating
clearing,
grading,
excavation
activities,
or
other
construction
activities.
The
Agency
reserves
the
right
to
take
enforcement
for
any
unpermitted
discharges
or
permit
noncompliance
that
occur
between
the
time
construction
commenced
and
waiver
authorization
is
granted.

Submittal
of
a
waiver
certification
is
an
optional
alternative
to
obtaining
permit
coverage
for
discharges
of
storm
water
associated
with
small
construction
activity,
provided
you
qualify
for
the
waiver.
Any
discharge
of
storm
water
associated
with
small
construction
activity
not
covered
by
either
a
permit
or
a
waiver
may
be
considered
an
unpermitted
discharge
under
the
Clean
Water
Act.
As
mentioned
above,
EPA
reserves
the
right
to
take
enforcement
for
any
unpermitted
discharges
or
permit
noncompliance
that
occur
between
the
time
construction
commenced
and
either
discharge
authorization
is
granted
or
a
complete
and
accurate
waiver
certification
is
submitted.
EPA
may
notify
any
operator
covered
by
a
waiver
that
they
must
apply
for
a
permit.
EPA
may
notify
any
operator
who
has
been
in
non­
compliance
with
a
waiver
that
they
may
no
longer
use
the
waiver
for
future
projects.
Any
member
of
the
public
may
petition
EPA
to
take
action
under
this
provision
by
submitting
written
notice
along
with
supporting
justification.

Complete
and
accurate
Rainfall
Erosivity
waiver
certifications
must
be
sent
to
the
following
address:

Regular
U.
S.
Mail
Delivery
EPA
Storm
Water
Notice
Processing
Center
Mail
Code
4203M
U.
S.
EPA
1200
Pennsylvania
Avenue,
NW
Washington,
DC
20460
Overnight/
Express
Mail
Delivery
EPA
Storm
Water
Notice
Processing
Center
Room
7420
U.
S.
EPA
1201Constitution
Avenue,
NW
Washington,
DC
20004
Complete
and
accurate
TMDL
or
equivalent
analysis
waiver
requests
must
be
sent
to
the
applicable
EPA
Region
office
specified
in
Appendix
B.

Small
and
Large
Construction
Activities
D­
3
General
Permit
Appendix
E
­
Notice
of
Intent
Form
and
Instructions
From
the
effective
date
of
this
permit,
operators
are
to
use
the
Notice
of
Intent
Form
contained
in
this
Appendix
to
obtain
permit
coverage.

Small
and
Large
Construction
Activities
E­
1
General
Permit
Appendix
F
­
Notice
of
Termination
Form
and
Instructions
From
the
effective
date
of
this
permit,
operators
are
to
use
the
Notice
of
Termination
Form
contained
in
this
Appendix
to
terminate
permit
coverage.

Small
and
Large
Construction
Activities
F­
1
NPDES
Form
United
States
Environmental
Protection
Agency
Washington,
DC
20460
Notice
of
Termination
(
NOT)
of
Coverage
Under
an
NPDES
General
Permit
for
Storm
Water
Discharges
Associated
with
Construction
Activity
Submission
of
this
Notice
of
Termination
constitutes
notice
that
the
party
identified
in
Section
II
of
this
form
is
no
longer
authorized
to
discharge
storm
water
associated
with
construction
activity
under
the
NPDES
program
from
the
site
identified
in
Section
III
of
this
form.
All
necessary
information
must
be
included
on
this
form.
Refer
to
the
instructions
at
the
end
of
this
form.

NPDES
Storm
Water
General
Permit
Tracking
Number:

Reason
for
Termination
(
Check
only
one):

Final
stabilization
has
been
achieved
on
all
portions
of
the
site
for
which
you
are
responsible.

Another
operator
has
assumed
control,
according
to
Appendix
G,
Section
11.
C
of
the
CGP,
over
all
areas
of
the
site
that
have
not
been
finally
stabilized.

Coverage
under
an
alternative
NPDES
permit
has
been
obtained.

For
residential
construction
only,
temporary
stabilization
has
been
completed
and
the
residence
has
been
transferred
to
the
homeowner.

Name:

IRS
Employer
Identification
Number
(
EIN):
­

Mailing
Address:

Street:

City:
State:
Zip
Code:
­

Phone:
­
­
Fax
(
optional):
­
­

E­
mail
(
optional):

Project/
Site
Name:

Project
Street/
Location:

City:
State:
Zip
Code:
­

County
or
similar
government
subdivision:

I
certify
under
penalty
of
law
that
this
document
and
all
attachments
were
prepared
under
my
direction
or
supervision
in
accordance
with
a
system
designed
to
assure
that
qualified
personnel
properly
gathered
and
evaluated
the
information
submitted.
Based
on
my
inquiry
of
the
person
or
persons
who
manage
the
system,
or
those
persons
directly
responsible
for
gathering
the
information,
the
information
submitted
is,
to
the
best
of
my
knowledge
and
belief,
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information,
including
the
possibility
of
fine
and
imprisonment
for
knowing
violations.

Print
Name:

Print
Title:

Signature:

Date:
This
Form
Replaces
Form
3517­
7
(
8­
98)
Form
Approved
OMB
Nos.
2040­
0086
and
2040­
0211
Refer
to
the
Following
Page
for
Instructions
EPA
Form
3510­
13
(
Rev.
6/
03)
II.
Operator
Information
III.
Project/
Site
Information
IV.
Certification
Information
I.
Permit
Information
Instructions
for
Completing
EPA
Form
3510­
13
Notice
of
Termination
(
NOT)
of
Coverage
Under
an
NPDES
General
Permit
for
Storm
Water
Discharges
Associated
with
Construction
Activity
NPDES
Form
This
Form
Replaces
Form
3517­
7
(
8­
98)
Form
Approved
OMB
Nos.
2040­
0086
and
2040­
0211
Who
May
File
an
NOT
Form
Permittees
who
are
presently
covered
under
the
EPA­
issued
National
Pollutant
Discharge
Elimination
System
(
NPDES)
General
Permit
for
Storm
Water
Discharges
Associated
with
Construction
Activity
may
submit
an
NOT
form
when
final
stabilization
has
been
achieved
on
all
portions
of
the
site
for
which
you
are
responsible;
another
operator
has
assumed
control
in
accordance
with
Appendix
G,
Section
11.
C
of
the
General
Permit
over
all
areas
of
the
site
that
have
not
been
finally
stabilized;
coverage
under
an
alternative
NPDES
permit
has
been
obtained;
or
for
residential
construction
only,
temporary
stabilization
has
been
completed
and
the
residence
has
been
transferred
to
the
homeowner.

 
Final
stabilization 
means
that
all
soil
disturbing
activities
at
the
site
have
been
completed
and
that
a
uniform
perennial
vegetative
cover
with
a
density
of
at
least
70%
of
the
native
background
vegetative
cover
for
the
area
has
been
established
on
all
unpaved
areas
and
areas
not
covered
by
permanent
structures,
or
equivalent
permanent
stabilization
measures
(
such
as
the
use
of
riprap,
gabions,
or
geotextiles)
have
been
employed.
See
 
final
stabilization 
definition
in
Appendix
A
of
the
Construction
General
Permit
for
further
guidance
where
background
native
vegetation
covers
less
than
100
percent
of
the
ground,
in
arid
or
semi­
arid
areas,
for
individual
lots
in
residential
construction,
and
for
construction
projects
on
land
used
for
agricultural
purposes.

Completing
the
Form
Type
or
print,
using
uppercase
letters,
in
the
appropriate
areas
only.
Please
place
each
character
between
the
marks.
Abbreviate
if
necessary
to
stay
within
the
number
of
characters
allowed
for
each
item.
Use
only
one
space
for
breaks
between
words,
but
not
for
punctuation
marks
unless
they
are
needed
to
clarify
your
response.
If
you
have
any
questions
about
this
form,
refer
to
www.
epa.
gov/
npdes/
stormwater/
cgp
or
telephone
the
Storm
Water
Notice
Processing
Center
at
(
866)
352­
7755.
Please
submit
original
document
with
signature
in
ink
 
do
not
send
a
photocopied
signature.

Section
I.
Permit
Number
Enter
the
existing
NPDES
Storm
Water
General
Permit
Tracking
Number
assigned
to
the
project
by
EPA s
Storm
Water
Notice
Processing
Center.
If
you
do
not
know
the
permit
tracking
number,
refer
to
www.
epa.
gov/
npdes/
stormwater/
cgp
or
contact
the
Storm
Water
Notice
Processing
Center
at
(
866)
352­
7755.

Indicate
your
reason
for
submitting
this
Notice
of
Termination
by
checking
the
appropriate
box.
Check
only
one:

Final
stabilization
has
been
achieved
on
all
portions
of
the
site
for
which
you
are
responsible.

Another
operator
has
assumed
control
according
to
Appendix
G,
Section
11.
C
over
all
areas
of
the
site
that
have
not
been
finally
stabilized.

Coverage
under
an
alternative
NPDES
permit
has
been
obtained.

For
residential
construction
only,
if
temporary
stabilization
has
been
completed
and
the
residence
has
been
transferred
to
the
homeowner.

Section
II.
Operator
Information
Provide
the
legal
name
of
the
person,
firm,
public
organization,
or
any
other
entity
that
operates
the
project
described
in
this
application
and
is
covered
by
the
permit
tracking
number
identified
in
Section
I.
The
operator
of
the
project
is
the
legal
entity
that
controls
the
site
operation,
rather
than
the
site
manager.
Provide
the
employer
identification
number
(
EIN
from
the
Internal
Revenue
Service;
IRS).
If
the
applicant
does
not
have
an
EIN
enter
 
NA 
in
the
space
provided.
Enter
the
complete
mailing
address
and
telephone
number
of
the
operator.
Optional:
enter
the
fax
number
and
e­
mail
address
of
the
operator.

Section
III.
Project/
Site
Information
Enter
the
official
or
legal
name
and
complete
street
address,
including
city,
state,
zip
code,
and
county
or
similar
government
subdivision
of
the
project
or
site.
If
the
project
or
site
lacks
a
street
address,
indicate
the
general
location
of
the
site
(
e.
g.,
Intersection
of
State
Highways
61
and
34).
Complete
site
information
must
be
provided
for
termination
of
permit
coverage
to
be
valid.

Section
IV.
Certification
Information
All
applications,
including
NOIs,
must
be
signed
as
follows:
For
a
corporation:
By
a
responsible
corporate
officer.
For
the
purpose
of
this
Part,
a
responsible
corporate
officer
means:
(
i)
a
president,
secretary,
treasurer,
or
vice­
president
of
the
corporation
in
charge
of
a
principal
business
function,
or
any
other
person
who
performs
similar
policy­
or
decision­
making
functions
for
the
corporation,
or
(
ii)
the
manager
of
one
or
more
manufacturing,
production,
or
operating
facilities,
provided,
the
manager
is
authorized
to
make
management
decisions
which
govern
the
operation
of
the
regulated
facility
including
having
the
explicit
or
implicit
duty
of
making
major
capital
investment
recommendations,
and
initiating
and
directing
other
comprehensive
measures
to
assure
long­
term
environmental
compliance
with
environmental
laws
and
regulations;
the
manager
can
ensure
that
the
necessary
systems
are
established
or
actions
taken
to
gather
complete
and
accurate
information
for
permit
application
requirements;
and
where
authority
to
sign
documents
has
been
assigned
or
delegated
to
the
manager
in
accordance
with
corporate
procedures.

For
a
partnership
or
sole
proprietorship:
By
a
general
partner
or
the
proprietor,
respectively;
or
For
a
municipality,
state,
federal,
or
other
public
agency:
By
either
a
principal
executive
officer
or
ranking
elected
official.
For
purposes
of
this
Part,
a
principal
executive
officer
of
a
federal
agency
includes
(
i)
the
chief
executive
officer
of
the
agency,
or
(
ii)
a
senior
executive
officer
having
responsibility
for
the
overall
operations
of
a
principal
geographic
unit
of
the
agency
(
e.
g.,
Regional
Administrator
of
EPA).

Include
the
name
and
title
of
the
person
signing
the
form
and
the
date
of
signing.
An
unsigned
or
undated
NOT
form
will
not
be
considered
valid
termination
of
permit
coverage.

Paperwork
Reduction
Act
Notice
Public
reporting
burden
for
this
application
is
estimated
to
average
0.5
hours
per
notice,
including
time
for
reviewing
instructions,
searching
existing
data
sources,
gathering
and
maintaining
the
data
needed,
and
completing
and
reviewing
the
collection
of
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
Send
comments
regarding
the
burden
estimate,
any
other
aspect
of
the
collection
of
information,
or
suggestions
for
improving
this
form
including
any
suggestions
which
may
increase
or
reduce
this
burden
to:
Chief,
Information
Policy
Branch,
2136,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW,
W
ashington,
DC
20460.
Include
the
OMB
number
on
any
correspondence.
Do
not
sent
the
completed
form
to
this
address.

EPA
Form
3510­
13
(
Rev.
6/
03)
General
Permit
Appendix
G
­
Standard
Permit
Conditions
STANDARD
PERMIT
CONDITIONS
1.
Duty
To
Comply
You
must
comply
with
all
conditions
of
this
permit.
Any
permit
noncompliance
constitutes
a
violation
of
the
Clean
Water
Act
and
is
grounds
for
enforcement
action;
for
permit
termination,
revocation
and
reissuance,
or
modification;
or
for
denial
of
a
permit
renewal
application.

A.
You
must
comply
with
effluent
standards
or
prohibitions
established
under
section
307(
a)
of
the
Clean
Water
Act
for
toxic
pollutants
and
with
standards
for
sewage
sludge
use
or
disposal
established
under
section
405(
d)
of
the
CWA
within
the
time
provided
in
the
regulations
that
establish
these
standards
or
prohibitions
or
standards
for
sewage
sludge
use
or
disposal,
even
if
the
permit
has
not
yet
been
modified
to
incorporate
the
requirement.

B.
The
Clean
Water
Act
provides
that
any
person
who
violates
section
301,
302,
306,
307,
308,
318
or
405
of
the
Act,
or
any
permit
condition
or
limitation
implementing
any
such
sections
in
a
permit
issued
under
section
402,
or
any
requirement
imposed
in
a
pretreatment
program
approved
under
sections
402(
a)(
3)
or
402(
b)(
8)
of
the
Act,
is
subject
to
a
civil
penalty
not
to
exceed
the
maximum
amounts
authorized
by
Section
309(
d)
of
the
Act
and
the
Federal
Civil
Penalties
Inflation
Adjustment
Act
(
28
U.
S.
C.
§
2461
note)
as
amended
by
the
Debt
Collection
Improvement
Act
(
31
U.
S.
C.
§
3701
note)
(
currently
$
27,500
per
day
for
each
violation).

The
Clean
Water
Act
provides
that
any
person
who
negligently
violates
sections
301,
302,
306,
307,
308,
318,
or
405
of
the
Act,
or
any
condition
or
limitation
implementing
any
of
such
sections
in
a
permit
issued
under
section
402
of
the
Act,
or
any
requirement
imposed
in
a
pretreatment
program
approved
under
section
402(
a)(
3)
or
402(
b)(
8)
of
the
Act,
is
subject
to
criminal
penalties
of
$
2,500
to
$
25,000
per
day
of
violation,
or
imprisonment
of
not
more
than
1
year,
or
both.
In
the
case
of
a
second
or
subsequent
conviction
for
a
negligent
violation,
a
person
shall
be
subject
to
criminal
penalties
of
not
more
than
$
50,000
per
day
of
violation,
or
by
imprisonment
of
not
more
than
2
years,
or
both.
Any
person
who
knowingly
violates
such
sections,
or
such
conditions
or
limitations
is
subject
to
criminal
penalties
of
$
5,000
to
$
50,000
per
day
of
violation,
or
imprisonment
for
not
more
than
3
years,
or
both.
In
the
case
of
a
second
or
subsequent
conviction
for
a
knowing
violation,
a
person
shall
be
subject
to
criminal
penalties
of
not
more
than
$
100,000
per
day
of
violation,
or
imprisonment
of
not
more
than
6
years,
or
both.
Any
person
who
knowingly
violates
section
301,
302,
303,
306,
307,
308,
318
or
405
of
the
Act,
or
any
permit
condition
or
limitation
implementing
any
of
such
sections
in
a
permit
issued
under
section
402
of
the
Act,
and
who
knows
at
that
time
that
he
thereby
places
another
person
in
imminent
danger
of
death
or
serious
bodily
injury,
shall,
upon
conviction,
be
subject
to
a
fine
of
not
more
than
$
250,000
or
imprisonment
of
not
more
than
15
years,
or
both.
In
the
case
of
a
second
or
subsequent
conviction
for
a
knowing
endangerment
violation,
a
person
shall
be
subject
to
a
fine
of
not
more
than
$
500,000
or
by
imprisonment
of
not
more
than
30
years,
or
both.
An
organization,
as
defined
in
section
309(
c)(
3)(
B)(
iii)
of
the
CWA,
shall,
upon
conviction
of
violating
the
imminent
danger
provision,
be
subject
to
a
fine
of
not
more
than
$
1,000,000
and
can
be
fined
up
to
$
2,000,000
for
second
or
subsequent
convictions.

C.
Any
person
may
be
assessed
an
administrative
penalty
by
the
Administrator
for
violating
section
301,
302,
306,
307,
308,
318
or
405
of
this
Act,
or
any
permit
condition
or
limitation
implementing
any
of
such
sections
in
a
permit
issued
under
section
402
of
this
Act.
Pursuant
to
40
CFR
Part
19
and
the
Act,
administrative
penalties
for
Class
I
violations
are
not
to
exceed
the
maximum
amounts
authorized
by
Section
309(
g)(
2)(
A)
of
the
Act
and
the
Federal
Civil
Penalties
Inflation
Adjustment
Act
(
28
U.
S.
C.
§
2461
note)
as
amended
by
the
Debt
Collection
Improvement
Act
(
31
U.
S.
C.
§
3701
note)
(
currently
$
11,000
per
violation,
with
the
maximum
amount
of
any
Class
I
penalty
assessed
not
to
exceed
$
27,500).
Pursuant
to
40
CFR
Part
19
and
the
Act,
penalties
for
Class
II
violations
are
not
to
exceed
the
maximum
amounts
authorized
by
Section
309(
g)(
2)(
B)
of
the
Act
and
the
Federal
Civil
Penalties
Inflation
Adjustment
Act
(
28
U.
S.
C.
§
2461
note)
as
amended
by
the
Debt
Collection
Improvement
Act
(
31
U.
S.
C.
§
3701
note)
(
currently
$
11,000
per
day
for
each
day
during
which
the
violation
continues,
with
the
maximum
amount
of
any
Class
II
penalty
not
to
exceed
$
137,500).

2.
Duty
to
Reapply
If
you
wish
to
continue
an
activity
regulated
by
this
permit
after
the
expiration
date
of
this
permit,
you
must
apply
for
and
obtain
a
new
permit.

Small
and
Large
Construction
Activities
G­
1
General
Permit
3.
Need
to
Halt
or
Reduce
Activity
Not
a
Defense
It
shall
not
be
a
defense
for
you
in
an
enforcement
action
that
it
would
have
been
necessary
to
halt
or
reduce
the
permitted
activity
in
order
to
maintain
compliance
with
the
conditions
of
this
permit.

4.
Duty
to
Mitigate
You
must
take
all
reasonable
steps
to
minimize
or
prevent
any
discharge
or
sludge
use
or
disposal
in
violation
of
this
permit
which
has
a
reasonable
likelihood
of
adversely
affecting
human
health
or
the
environment.

5.
Proper
Operation
and
Maintenance
You
must
at
all
times
properly
operate
and
maintain
all
facilities
and
systems
of
treatment
and
control
(
and
related
appurtenances)
which
are
installed
or
used
by
you
to
achieve
compliance
with
the
conditions
of
this
permit.
Proper
operation
and
maintenance
also
includes
adequate
laboratory
controls
and
appropriate
quality
assurance
procedures.
This
provision
requires
the
operation
of
backup
or
auxiliary
facilities
or
similar
systems
which
are
installed
by
you
only
when
the
operation
is
necessary
to
achieve
compliance
with
the
conditions
of
this
permit.

6.
Permit
Actions
This
permit
may
be
modified,
revoked
and
reissued,
or
terminated
for
cause.
Your
filing
of
a
request
for
a
permit
modification,
revocation
and
reissuance,
or
termination,
or
a
notification
of
planned
changes
or
anticipated
noncompliance
does
not
stay
any
permit
condition.

7.
Property
Rights
This
permit
does
not
convey
any
property
rights
of
any
sort,
or
any
exclusive
privileges.

8.
Duty
to
Provide
Information
You
must
furnish
to
EPA,
within
a
reasonable
time,
any
information
which
EPA
may
request
to
determine
whether
cause
exists
for
modifying,
revoking
and
reissuing,
or
terminating
this
permit
or
to
determine
compliance
with
this
permit.
You
must
also
furnish
to
EPA
upon
request,
copies
of
records
required
to
be
kept
by
this
permit.

9.
Inspection
and
Entry
You
must
allow
EPA,
or
an
authorized
representative
(
including
an
authorized
contractor
acting
as
a
representative
of
the
Administrator),
upon
presentation
of
credentials
and
other
documents
as
may
be
required
by
law,
to:

A.
Enter
upon
your
premises
where
a
regulated
facility
or
activity
is
located
or
conducted,
or
where
records
must
be
kept
under
the
conditions
of
this
permit;

B.
Have
access
to
and
copy,
at
reasonable
times,
any
records
that
must
be
kept
under
the
conditions
of
this
permit;

C.
Inspect
at
reasonable
times
any
facilities,
equipment
(
including
monitoring
and
control
equipment),
practices,
or
operations
regulated
or
required
under
this
permit;
and
D.
Sample
or
monitor
at
reasonable
times,
for
the
purposes
of
assuring
permit
compliance
or
as
otherwise
authorized
by
the
Clean
Water
Act,
any
substances
or
parameters
at
any
location.

10.
Monitoring
and
Records
A.
Samples
and
measurements
taken
for
the
purpose
of
monitoring
must
be
representative
of
the
monitored
activity.

B.
You
must
retain
records
of
all
monitoring
information,
including
all
calibration
and
maintenance
records
and
all
original
strip
chart
recordings
for
continuous
monitoring
instrumentation,
copies
of
all
reports
required
by
this
permit,
and
records
of
all
data
used
to
complete
the
application
for
this
permit,
for
a
period
of
at
least
3
years
from
the
date
of
the
sample,
measurement,
report
or
application.
This
period
may
be
extended
by
request
of
EPA
at
any
time.

C.
Records
of
monitoring
information
must
include:

1.
The
date,
exact
place,
and
time
of
sampling
or
measurements;

2.
The
individual(
s)
who
performed
the
sampling
or
measurements;

3.
The
date(
s)
analyses
were
performed
Small
and
Large
Construction
Activities
G­
2
General
Permit
4.
The
individual(
s)
who
performed
the
analyses;

5.
The
analytical
techniques
or
methods
used;
and
6.
The
results
of
such
analyses.

D.
Monitoring
results
must
be
conducted
according
to
test
procedures
approved
under
40
CFR
Part
136
or,
in
the
case
of
sludge
use
or
disposal,
approved
under
40
CFR
Part
136
unless
otherwise
specified
in
40
CFR
Part
503,
unless
other
test
procedures
have
been
specified
in
the
permit.

E.
The
Clean
Water
Act
provides
that
any
person
who
falsifies,
tampers
with,
or
knowingly
renders
inaccurate
any
monitoring
device
or
method
required
to
be
maintained
under
this
permit
shall,
upon
conviction,
be
punished
by
a
fine
of
not
more
than
$
10,000,
or
by
imprisonment
for
not
more
than
2
years,
or
both.
If
a
conviction
of
a
person
is
for
a
violation
committed
after
a
first
conviction
of
such
person
under
this
paragraph,
punishment
is
a
fine
of
not
more
than
$
20,000
per
day
of
violation,
or
by
imprisonment
of
not
more
than
4
years,
or
both.

11.
Signatory
Requirements
A.
All
applications,
including
NOIs,
must
be
signed
as
follows:

1.
For
a
corporation:
By
a
responsible
corporate
officer.
For
the
purpose
of
this
Part,
a
responsible
corporate
officer
means:
(
i)
a
president,
secretary,
treasurer,
or
vice­
president
of
the
corporation
in
charge
of
a
principal
business
function,
or
any
other
person
who
performs
similar
policy­
or
decision­
making
functions
for
the
corporation,
or
(
ii)
the
manager
of
one
or
more
manufacturing,
production,
or
operating
facilities,
provided,
the
manager
is
authorized
to
make
management
decisions
which
govern
the
operation
of
the
regulated
facility
including
having
the
explicit
or
implicit
duty
of
making
major
capital
investment
recommendations,
and
initiating
and
directing
other
comprehensive
measures
to
assure
long
term
environmental
compliance
with
environmental
laws
and
regulations;
the
manager
can
ensure
that
the
necessary
systems
are
established
or
actions
taken
to
gather
complete
and
accurate
information
for
permit
application
requirements;
and
where
authority
to
sign
documents
has
been
assigned
or
delegated
to
the
manager
in
accordance
with
corporate
procedures.

2.
For
a
partnership
or
sole
proprietorship:
By
a
general
partner
or
the
proprietor,
respectively;
or
3.
For
a
municipality,
state,
federal,
or
other
public
agency:
By
either
a
principal
executive
officer
or
ranking
elected
official.
For
purposes
of
this
Part,
a
principal
executive
officer
of
a
federal
agency
includes
(
i)
the
chief
executive
officer
of
the
agency,
or
(
ii)
a
senior
executive
officer
having
responsibility
for
the
overall
operations
of
a
principal
geographic
unit
of
the
agency
(
e.
g.,
Regional
Administrator
of
EPA).

B.
All
reports
required
by
this
permit,
including
SWPPPs,
must
be
signed
by
a
person
described
in
Appendix
G,
Subsection
11.
A
above
or
by
a
duly
authorized
representative
of
that
person.
A
person
is
a
duly
authorized
representative
only
if:

1.
The
authorization
is
made
in
writing
by
a
person
described
in
Appendix
G,
Subsection
11.
A;

2.
The
authorization
specifies
either
an
individual
or
a
position
having
responsibility
for
the
overall
operation
of
the
regulated
facility
or
activity
such
as
the
position
of
plant
manager,
operator
of
a
well
or
a
well
field,
superintendent,
position
of
equivalent
responsibility,
or
an
individual
or
position
having
overall
responsibility
for
environmental
matters
for
the
company.
(
A
duly
authorized
representative
may
thus
be
either
a
named
individual
or
any
individual
occupying
a
named
position);
and
3.
The
signed
and
dated
written
authorization
is
included
in
the
SWPPP.
A
copy
must
be
submitted
to
EPA,
if
requested.

C.
Changes
to
Authorization.
If
an
authorization
under
Subpart
2.1
is
no
longer
accurate
because
a
different
operator
has
responsibility
for
the
overall
operation
of
the
construction
site,
a
new
NOI
satisfying
the
requirements
of
Subpart
2.1
must
be
submitted
to
EPA
prior
to
or
together
with
any
reports,
information,
or
applications
to
be
signed
by
an
authorized
representative.
The
change
in
authorization
must
be
submitted
within
the
time
frame
specified
in
Subpart
2.2,
and
sent
to
the
address
specified
in
Subpart
2.3.

D.
Any
person
signing
documents
required
under
the
terms
of
this
permit
must
include
the
following
certification:

"
I
certify
under
penalty
of
law
that
this
document
and
all
attachments
were
prepared
under
my
direction
or
supervision
in
accordance
with
a
system
designed
to
assure
that
qualified
personnel
properly
gathered
and
evaluated
the
information
submitted.
Based
on
my
inquiry
of
the
person
or
persons
who
manage
the
system,
or
those
persons
directly
responsible
for
gathering
the
information,
the
information
submitted
is,

Small
and
Large
Construction
Activities
G­
3
General
Permit
to
the
best
of
my
knowledge
and
belief,
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information,
including
the
possibility
of
fine
and
imprisonment
for
knowing
violations."

E.
The
CWA
provides
that
any
person
who
knowingly
makes
any
false
statement,
representation,
or
certification
in
any
record
or
other
document
submitted
or
required
to
be
maintained
under
this
permit,
including
monitoring
reports
or
reports
of
compliance
or
non­
compliance
shall,
upon
conviction,
be
punished
by
a
fine
of
not
more
than
$
10,000
per
violation,
or
by
imprisonment
for
not
more
than
6
months
per
violation,
or
by
both.

12.
Reporting
Requirements
A.
Planned
changes.
You
must
give
notice
to
EPA
as
soon
as
possible
of
any
planned
physical
alterations
or
additions
to
the
permitted
facility.
Notice
is
required
only
when:

1.
The
alteration
or
addition
to
a
permitted
facility
may
meet
one
of
the
criteria
for
determining
whether
a
facility
is
a
new
source
in
40
CFR
§
122.29(
b);
or
2.
The
alteration
or
addition
could
significantly
change
the
nature
or
increase
the
quantity
of
pollutants
discharged.
This
notification
applies
to
pollutants
which
are
subject
neither
to
effluent
limitations
in
the
permit,
nor
to
notification
requirements
under
40
CFR
§
122.42(
a)(
1).

B.
Anticipated
noncompliance.
You
must
give
advance
notice
to
EPA
of
any
planned
changes
in
the
permitted
facility
or
activity
which
may
result
in
noncompliance
with
permit
requirements.

C.
Transfers.
This
permit
is
not
transferable
to
any
person
except
after
notice
to
EPA.
EPA
may
require
modification
or
revocation
and
reissuance
of
the
permit
to
change
the
name
of
the
permittee
and
incorporate
such
other
requirements
as
may
be
necessary
under
the
Clean
Water
Act.
(
See
40
CFR
§
122.61;
in
some
cases,
modification
or
revocation
and
reissuance
is
mandatory.)

D.
Monitoring
reports.
Monitoring
results
must
be
reported
at
the
intervals
specified
elsewhere
in
this
permit.

1.
Monitoring
results
must
be
reported
on
a
Discharge
Monitoring
Report
(
DMR)
or
forms
provided
or
specified
by
EPA
for
reporting
results
of
monitoring
of
sludge
use
or
disposal
practices.

2.
If
you
monitor
any
pollutant
more
frequently
than
required
by
the
permit
using
test
procedures
approved
under
40
CFR
Part
136
or,
in
the
case
of
sludge
use
or
disposal,
approved
under
40
CFR
Part
136
unless
otherwise
specified
in
40
CFR
Part
503,
or
as
specified
in
the
permit,
the
results
of
this
monitoring
must
be
included
in
the
calculation
and
reporting
of
the
data
submitted
in
the
DMR
or
sludge
reporting
form
specified
by
EPA.

3.
Calculations
for
all
limitations
which
require
averaging
of
measurements
must
use
an
arithmetic
mean.

E.
Compliance
schedules.
Reports
of
compliance
or
noncompliance
with,
or
any
progress
reports
on,
interim
and
final
requirements
contained
in
any
compliance
schedule
of
this
permit
must
be
submitted
no
later
than
14
days
following
each
schedule
date.

F.
Twenty­
four
hour
reporting.

1.
You
must
report
any
noncompliance
which
may
endanger
health
or
the
environment.
Any
information
must
be
provided
orally
within
24
hours
from
the
time
you
become
aware
of
the
circumstances.
A
written
submission
must
also
be
provided
within
five
days
of
the
time
you
become
aware
of
the
circumstances.
The
written
submission
must
contain
a
description
of
the
noncompliance
and
its
cause;
the
period
of
noncompliance,
including
exact
dates
and
times,
and
if
the
noncompliance
has
not
been
corrected,
the
anticipated
time
it
is
expected
to
continue;
and
steps
taken
or
planned
to
reduce,
eliminate,
and
prevent
reoccurrence
of
the
noncompliance.

2.
The
following
shall
be
included
as
information
which
must
be
reported
within
24
hours
under
this
paragraph.

a.
Any
unanticipated
bypass
which
exceeds
any
effluent
limitation
in
the
permit.
(
See
40
CFR
§
122.41(
g).)

b.
Any
upset
which
exceeds
any
effluent
limitation
in
the
permit
c.
Violation
of
a
maximum
daily
discharge
limitation
for
any
of
the
pollutants
listed
by
EPA
in
the
permit
to
be
reported
within
24
hours.
(
See
40
CFR
§
122.44(
g).)

Small
and
Large
Construction
Activities
G­
4
General
Permit
3.
EPA
may
waive
the
written
report
on
a
case­
by­
case
basis
for
reports
under
Appendix
G,
Subsection
12.
F.
2
if
the
oral
report
has
been
received
within
24
hours.

G.
Other
noncompliance.
You
must
report
all
instances
of
noncompliance
not
reported
under
Appendix
G,
Subsections
12.
D,
12.
E,
and
12.
F,
at
the
time
monitoring
reports
are
submitted.
The
reports
must
contain
the
information
listed
in
Appendix
G,
Subsection
12.
F.

H.
Other
information.
Where
you
become
aware
that
you
failed
to
submit
any
relevant
facts
in
a
permit
application,
or
submitted
incorrect
information
in
a
permit
application
or
in
any
report
to
the
Permitting
Authority,
you
must
promptly
submit
such
facts
or
information.

13.
Bypass
A.
Definitions.

1.
Bypass
means
the
intentional
diversion
of
waste
streams
from
any
portion
of
a
treatment
facility
2.
Severe
property
damage
means
substantial
physical
damage
to
property,
damage
to
the
treatment
facilities
which
causes
them
to
become
inoperable,
or
substantial
and
permanent
loss
of
natural
resources
which
can
reasonably
be
expected
to
occur
in
the
absence
of
a
bypass.
Severe
property
damage
does
not
mean
economic
loss
caused
by
delays
in
production.

B.
Bypass
not
exceeding
limitations.
You
may
allow
any
bypass
to
occur
which
does
not
cause
effluent
limitations
to
be
exceeded,
but
only
if
it
also
is
for
essential
maintenance
to
assure
efficient
operation.
These
bypasses
are
not
subject
to
the
provisions
of
Appendix
G,
Subsections
13.
C
and
13.
D.

C.
Notice
 
1.
Anticipated
bypass.
If
you
know
in
advance
of
the
need
for
a
bypass,
you
must
submit
prior
notice,
if
possible
at
least
ten
days
before
the
date
of
the
bypass.

2.
Unanticipated
bypass.
You
must
submit
notice
of
an
unanticipated
bypass
as
required
in
Appendix
G,
Subsection
12.
F
(
24­
hour
notice).

D.
Prohibition
of
bypass.

1.
Bypass
is
prohibited,
and
EPA
may
take
enforcement
action
against
you
for
bypass,
unless:

a.
Bypass
was
unavoidable
to
prevent
loss
of
life,
personal
injury,
or
severe
property
damage;

b.
There
were
no
feasible
alternatives
to
the
bypass,
such
as
the
use
of
auxiliary
treatment
facilities,
retention
of
untreated
wastes,
or
maintenance
during
normal
periods
of
equipment
downtime.
This
condition
is
not
satisfied
if
adequate
back­
up
equipment
should
have
been
installed
in
the
exercise
of
reasonable
engineering
judgment
to
prevent
a
bypass
which
occurred
during
normal
periods
of
equipment
downtime
or
preventive
maintenance;
and
c.
You
submitted
notices
as
required
under
Appendix
G,
Subsection
13.
C.

2.
EPA
may
approve
an
anticipated
bypass,
after
considering
its
adverse
effects,
if
EPA
determines
that
it
will
meet
the
three
conditions
listed
above
in
Appendix
G,
Subsection
13.
D.
1.

14.
Upset
A.
Definition.
Upset
means
an
exceptional
incident
in
which
there
is
unintentional
and
temporary
noncompliance
with
technology
based
permit
effluent
limitations
because
of
factors
beyond
your
reasonable
control.
An
upset
does
not
include
noncompliance
to
the
extent
caused
by
operational
error,
improperly
designed
treatment
facilities,
inadequate
treatment
facilities,
lack
of
preventive
maintenance,
or
careless
or
improper
operation.

B.
Effect
of
an
upset.
An
upset
constitutes
an
affirmative
defense
to
an
action
brought
for
noncompliance
with
such
technology
based
permit
effluent
limitations
if
the
requirements
of
Appendix
G,
Subsection
14.
C
are
met.
No
determination
made
during
administrative
review
of
claims
that
noncompliance
was
caused
by
upset,
and
before
an
action
for
noncompliance,
is
final
administrative
action
subject
to
judicial
review.

C.
Conditions
necessary
for
a
demonstration
of
upset.
A
permittee
who
wishes
to
establish
the
affirmative
defense
of
upset
must
demonstrate,
through
properly
signed,
contemporaneous
operating
logs,
or
other
relevant
evidence
that:

1.
An
upset
occurred
and
that
you
can
identify
the
cause(
s)
of
the
upset;

2.
The
permitted
facility
was
at
the
time
being
properly
operated;
and
Small
and
Large
Construction
Activities
G­
5
General
Permit
Small
and
Large
Construction
Activities
G­
6
3.
You
submitted
notice
of
the
upset
as
required
in
Appendix
G,
Subsection
12.
F.
2.
b(
24
hour
notice).

4.
You
complied
with
any
remedial
measures
required
under
Appendix
G,
Section
4.

D.
Burden
of
proof.
In
any
enforcement
proceeding,
you,
as
the
one
seeking
to
establish
the
occurrence
of
an
upset,
has
the
burden
of
proof.
