Fact
Sheet
NPDES
General
Permit
for
Storm
Water
Discharges
From
Construction
Activities
­
Fact
Sheet
Table
of
Contents
I.
Introduction.......................................................................................................................................................
2
II.
Answers
to
Common
Questions.....................................................................................................................
4
III.
Coverage
Provided
by
General
Permits.......................................................................................................
10
IV.
Summary
of
Options
for
Controlling
Pollutants..........................................................................................
11
1.
Sediment
and
Erosion
Controls..................................................................................................................
12
A.
Stabilization
Practices...................................................................................................................
12
B.
Structural
Practices.......................................................................................................................
13
2.
Storm
Water
Management
Measures........................................................................................................
14
3.
Housekeeping
Best
Management
Practices
(
BMPs).................................................................................
15
V.
Summary
of
Permit
Conditions.....................................................................................................................
15
1.
Coverage
Under
This
Permit......................................................................................................................
15
1.1
Introduction.....................................................................................................................................
15
1.2
Permit
Area.....................................................................................................................................
15
1.3
Eligibility..........................................................................................................................................
16
1.4
Waivers
for
Small
Construction
Activities.......................................................................................
20
2.
Authorizations
for
Discharges
of
Storm
Water
From
Construction
Activity................................................
20
2.1
Authorization
to
Discharge
Date.....................................................................................................
21
2.2
Notice
of
Intent
Contents................................................................................................................
22
2.3
Submission
Deadlines....................................................................................................................
23
2.4
Where
to
Submit.............................................................................................................................
24
3.
Storm
Water
Pollution
Prevention
Plans
(
SWPPPs)..................................................................................
24
3.1
Storm
Water
Pollution
Prevention
Plan
Framework.......................................................................
24
3.2
Requirements
for
Different
Types
of
Operators.............................................................................
25
3.3
Pollution
Prevention
Plan
Contents:
Site
and
Activity
Description.................................................
25
3.4
Pollution
Prevention
Plan
Contents:
Controls
to
Reduce
Pollutants..............................................
26
3.5
Non­
Storm
Water
Discharge
Management....................................................................................
28
3.6
Maintenance
of
Controls.................................................................................................................
28
3.7
Documentation
of
Permit
Eligibility
Related
to
Endangered
Species.............................................
28
3.8
Copy
of
Permit
Requirements........................................................................................................
28
3.9
Applicable
State,
Tribal,
or
Local
Programs...................................................................................
29
3.10
Inspections......................................................................................................................................
29
3.11
Maintaining
an
Updated
Plan.........................................................................................................
30
3.12
Signature,
Plan
Review,
and
Making
Plans
Available....................................................................
30
3.13
Management
Practices...................................................................................................................
31
3.14
Documentation
of
Permit
Eligibility
Related
to
Total
Maximum
Daily
Loads..................................
32
4.
Special
Conditions,
Management
Practices
and
Other
Non­
numeric
Limitations......................................
32
4.1
Continuation
of
the
Expired
General
Permit...................................................................................
32
4.2
Requiring
an
Individual
Permit
or
an
Alternative
General
Permit...................................................
33
4.3
Releases
in
Excess
of
Reportable
Quantities................................................................................
33
4.4
Spills...............................................................................................................................................
33
4.5
Attainment
of
Water
Quality
Standards
After
Authorization...........................................................
33
5.
Termination
of
Coverage............................................................................................................................
34
6.
Retention
of
Records..................................................................................................................................
35
7.
Re­
opener
Clause.......................................................................................................................................
35
8.
Standard
Permit
Conditions........................................................................................................................
35
9.
Permit
Conditions
Applicable
to
Specific
States,
Indian
Country
or
Territories..........................................
35
VI.
Appendices......................................................................................................................................................
36
1.
Definitions
and
Acronyms...........................................................................................................................
36
2.
Small
Construction
Waivers
and
Instructions.............................................................................................
36
3.
Standard
Permit
Conditions........................................................................................................................
36
Small
and
Large
Construction
Activities
1
Fact
Sheet
I.
Introduction
The
United
States
Environmental
Protection
Agency
(
EPA)
is
reissuing
the
general
permit
that
authorizes
the
discharge
of
pollutants
in
storm
water
discharges
associated
with
construction
activity
(
also
known
as
the
"
construction
general
permit"
or
"
CGP").
The
CGP,
upon
reissuance,
covers
storm
water
discharges
associated
with
both
small
and
large
construction
activity.
Small
construction
activity
is
added
in
response
to
the
Phase
II
Storm
Water
Regulations
promulgated
on
December
8,
1999
(
64
FR
68722).
Specifically,
the
Phase
II
regulations
add
permitting
requirements
for
storm
water
discharges
from
construction
activities
that
disturb
from
one
to
five
acres.
Phase
I
Storm
Water
Regulations
promulgated
on
November
16,
1990
(
55
FR
47990)
established
permitting
requirements
for
storm
water
discharges
from
construction
activities
that
disturb
five
acres
or
more.
As
used
in
this
permit,
"
storm
water
associated
with
large
construction
activity"
refers
to
the
disturbance
of
five
or
more
acres,
as
well
as
disturbance
of
less
than
five
acres
of
total
land
area
that
is
a
part
of
a
larger
common
plan
of
development
or
sale
if
the
larger
common
plan
will
ultimately
disturb
five
acres
or
more
(
40
CFR
§
122.26(
b)(
14)(
x)).
"
Storm
water
associated
with
small
construction
activity,"
as
defined
in
40
CFR
§
122.26(
b)(
15),
refers
to
the
disturbance
of
equal
to
or
greater
than
one
and
less
than
five
acres
of
land
for
construction
or
the
disturbance
of
less
than
one
acre
of
total
land
area
that
is
part
of
a
larger
common
plan
of
development
or
sale
if
the
larger
common
plan
will
ultimately
disturb
equal
to
or
greater
than
one
and
less
than
five
acres.

Appendix
B
contains
a
list
of
areas
eligible
for
coverage
under
the
CGP.
Individual
permit
numbers
exist
for
each
eligible
area,
as
noted
in
Appendix
B.
However,
the
CGP
is
written
as
if
it
was
a
single
permit
rather
than
a
number
of
legally
separate
and
individually
numbered
general
permits
it
is
comprised
of.
Unless
otherwise
noted,
references
to
the
"
permit"
or
the
"
CGP"
apply
to
the
common
language
of
each
of
the
separate
general
permits.

This
CGP
replaces
two
previous
Construction
General
Permits
that
were
issued
for
five­
year
terms
by
EPA
Regions
1,
2,
3,
7,
8,
9,
and
10
in
February
1998
(
63
FR
7858)
and
by
EPA
Region
6
in
July
1998
(
63
FR
36490),
respectively.
EPA
public
noticed
a
draft
CGP
on
December
20,
2002
(
67
FR
78116).
This
final
CGP
is
based
on
that
draft,
taking
into
account
comments
received.
Details
of
comments
received
and
EPA
response
to
those
comments
are
provided
in
the
administrative
record.

The
most
significant
changes
from
the
1998
CGP
include:

 

 

 
 

 
 

 
 
 
 
 
 
 

 
Modified
permit
to
include
all
areas
in
the
country
for
which
EPA
is
the
permitting
authority,
except
for
Region
4
that
continues
to
operate
under
a
Regional­
specific
permit.
This
included
removal
of
certain
areas
for
which
EPA
is
no
longer
the
permitting
authority
(
e.
g.,
the
States
of
Maine
and
Arizona
are
now
authorized
to
administer
the
NPDES
permitting
program).
Modified
permit
coverage
to
include
small
construction
activities,
and
to
identify
waiver
opportunities
for
small
construction
activities
based
on
low
rainfall
erosivity,
TMDLs,
and
equivalent
analyses
in
accordance
with
EPA's
regulations.
Added
uncontaminated
excavation
dewatering
and
irrigation
runoff
as
allowable
non­
storm
water
discharges.
Added
restrictions
on,
and
documentation
of
requirements
for,
discharges
to
waters
with
Total
Maximum
Daily
Loads
(
TMDLs)
approved
or
established
by
EPA.
Removed
state
and
county
Endangered
Species
Act
(
ESA)
appendix
of
Federally­
listed
or
proposed
species.
Added
new
options
for
authorization
procedures
and
NOI
submission
deadlines
to
accommodate
new
seven­
day
reviews
of
NOIs
by
U.
S.
Fish
&
Wildlife
Service
and
National
Marine
Fisheries
Service.
Modified
information
required
on
NOI
form
to
require:
applicable
permit
number,
U.
S.
Internal
Revenue
Service
Employer
Identification
Number
(
EIN),
where
applicable,
methodology
for
determining
latitutude
and
longitude,
name
of
Indian
reservation,
where
applicable,
address
of
SWPPP
location
(
changed
from
optional
to
required)
and
contact
person,
whether
the
discharge
is
consistent
with
the
assumptions
and
requirements
of
applicable
EPA
approved
or
established
TMDLs,
specification
of
the
criterion
the
operator
certified
for
ESA
eligibility,
and
the
specific
permit
tracking
number
of
an
operator
certifying
under
another
operator's
eligibility
determination.

Small
and
Large
Construction
Activities
2
Fact
Sheet
 
 

 

 

 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Updated
NOI
submission
deadlines
to
account
for
ongoing
projects.
Added
language
to
support
the
ability
of
operators
to
submit
NOIs
and
NOTs
using
EPA's
electronic
NOI
system
when
it
becomes
available.
Clarified
procedure
for
operator
to
delineate
on
the
SWPPP
areas
of
the
project
where
no
further
requirements
apply
following
final
stabilization.
Clarified
documentation
requirements
for
ESA
eligibility,
and
added
documentation
requirements
for
permit
eligibility
for
waters
that
have
an
established
TMDL.
Modified
inspection
provisions
to
include
option
for
weekly
site
inspections
and
guidelines
for
inspection
of
utility
line
installation,
pipeline
construction,
and
other
linear
construction
activities.
Provided
further
clarification
on
stabilization
requirements
for
project
areas
where
construction
has
temporarily
ceased.
For
clarification
purposes,
added
definitions
for
the
following
terms:
"
Arid
Areas"
"
Eligible"
"
Federal
Facility"
"
Indian
Country"
"
Large
construction
Activity"
"
New
Project"
"
Ongoing
Project"
"
Permitting
Authority"
"
Project
Area"
"
Receiving
Water"
"
Semi­
Arid
Areas"
"
Site"
"
Small
Construction
Activity"
"
Storm
Water
Discharge­
Related
Activity"
"
Total
Maximum
Daily
Load"
or
"
TMDL"
"
Wetland"

The
final
CGP
contains
individual
permit
numbers
for
the
following
areas:

Region
1:
The
State
of
New
Hampshire;
Indian
Country
in
the
States
of
Rhode
Island
and
Connecticut;
Federal
facilities
in
Vermont.

Region
2:
The
Commonwealth
of
Puerto
Rico
and
Indian
Country
in
the
State
of
New
York.

Region
3:
The
District
of
Columbia
and
Federal
facilities
in
the
State
of
Delaware.

Region
5:
Indian
Country
in
the
States
of
Michigan,
Minnesota,
and
Wisconsin,
except
the
Sokaogon
Chippewa
(
Mole
Lake)
Community.

Region
6:
The
State
of
New
Mexico;
Indian
Country
in
the
States
of
Louisiana,
Oklahoma,
Texas,
and
New
Mexico
(
except
Navajo
Reservation
Lands
[
see
Region
9]
and
Ute
Mountain
Reservation
Lands
[
see
Region
8]);
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
492X
and
5171)
and
point
source
discharges
associated
with
agricultural
production,
services,
and
silviculture
Includes
SIC
Groups
01,
02,
07,
08,
and
09),
and
discharges
in
the
State
of
Texas
that
are
not
under
the
authority
of
the
Texas
Commission
on
Environmental
Quality
(
formerly
the
Texas
Natural
Resource
Conservation
Commission),
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.

Region
7:
Indian
Country
in
the
States
of
Iowa,
Kansas
and
Nebraska
(
except
Pine
Ridge
Reservation
Lands
[
see
Region
8]).

Small
and
Large
Construction
Activities
3
Fact
Sheet
Region
8:
Federal
facilities
in
Colorado;
Indian
Country
in
Colorado
(
as
well
as
the
portion
of
the
Ute
Mountain
Reservation
located
in
New
Mexico),
Montana,
North
Dakota
(
as
well
as
that
portion
of
the
Standing
Rock
Reservation
located
in
South
Dakota
and
excluding
the
lands
within
the
former
boundaries
of
the
Lake
Traverse
Reservation
which
is
covered
under
the
permit
for
areas
of
South
Dakota),
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
and
excluding
the
Standing
Rock
Reservation
which
is
covered
under
the
permit
for
areas
of
North
Dakota),
Utah
(
except
Goshute
and
Navajo
Reservation
lands
[
see
Region
9])
and
Wyoming.

Region
9:
The
Islands
of
American
Samoa
and
Guam,
Johnston
Atoll,
Midway/
Wake
Islands
and
Commonwealth
of
the
Northern
Mariana
Islands;
Indian
Country
in
Arizona
(
as
well
as
Navajo
Reservation
lands
in
New
Mexico
and
Utah),
California
and
Nevada
(
as
well
as
the
Duck
Valley
Reservation
in
Idaho,
the
Fort
McDermitt
Reservation
in
Oregon
and
the
Goshute
Reservation
in
Utah).

Region
10:
The
States
of
Alaska
and
Idaho;
Indian
Country
in
Alaska
and
Idaho
(
except
Duck
Valley
Reservation
[
see
Region
9]),
Washington
and
Oregon
(
except
for
Fort
McDermitt
Reservation
[
see
Region
9]);
Federal
facilities
in
Washington.

II.
Answers
to
Common
Questions
In
this
section,
EPA
provides
answers
to
some
of
the
more
common
questions
on
the
construction
storm
water
permitting
program.
It
is
intended
to
help
permittees
understand
the
permit.
Be
aware
these
answers
are
general
and
may
not
take
into
account
all
scenarios
possible
at
construction
sites.

What
is
the
Goal
of
This
Permit?

The
goal
of
this
permit
is
to
protect
the
quality
and
beneficial
uses
of
the
nation's
surface
water
resources
from
pollution
in
storm
water
runoff
from
construction
activities.
To
achieve
this
goal,
the
permit
requires
operators
to
plan
and
implement
appropriate
pollution
prevention
and
control
practices
for
storm
water
runoff
during
the
construction
period.
These
Best
Management
Practices
(
BMPs)
are
aimed
primarily
at
controlling
erosion
and
sediment
transport,
but
also
include
controls,
including
good
housekeeping
practices,
aimed
at
other
pollutants
such
as
construction
chemicals
and
solid
waste
(
e.
g.,
litter).
As
used
in
this
permit,
the
terms
"
Construction
and
Construction­
related
activities"
include
all
clearing,
grading,
excavation,
and
stockpiling
activities
that
will
result
in
the
disturbance
of
one
or
more
acres
of
land
area.

What
Types
of
Construction
Activities
May
Need
a
Storm
Water
Permit?

Any
construction
activity
that
will,
or
is
part
of
a
"
common
plan"
of
development
or
sale
that
will,
disturb
one
or
more
acres
and
has
the
potential
to
have
a
discharge
of
storm
water
to
a
water
of
the
United
States
must
either
have
a
permit
OR
have
qualified
for
a
waiver.
These
regulated
discharges
are
broken
into
two
categories:
"
Large"
and
"
Small".
A
large
construction
activity
is
one
that
will
disturb,
or
is
part
of
a
"
common
plan"
that
will
cumulatively
disturb,
five
or
more
acres.
A
small
construction
activity
is
one
that
will
disturb,
or
is
part
of
a
"
common
plan"
that
will
cumulatively
disturb,
one
or
more
acres.

Construction
and
construction­
related
activities
refer
to
the
actual
earth
disturbing
construction
activities
and
those
activities
supporting
the
construction
project
such
as
construction
materials
or
equipment
storage
or
maintenance
(
e.
g.,
fill
piles,
borrow
area,
concrete
truck
washout,
fueling),
measures
used
to
control
the
quality
for
storm
water
associated
with
construction
activity,
or
other
industrial
storm
water
directly
related
to
the
construction
process
(
e.
g.,
concrete
or
asphalt
batch
plants).
It
does
not
refer
to
construction
activities
unrelated
to
earth
disturbing
activities
such
as
interior
remodeling,
completion
of
interiors
of
structures,
etc.
"
Construction"
does
not
include
routine
earth
disturbing
activities
that
are
part
of
the
normal
day­
to­
day
operation
of
a
completed
facility
(
e.
g.,
daily
cover
for
landfills,
maintenance
of
gravel
roads
or
parking
areas,
landscape
maintenance,
etc).
Also,
it
does
not
include
activities
under
a
State
or
Federal
reclamation
program
to
return
an
abandoned
property
into
an
agricultural
or
open
land
use.

Are
There
Situations
Where
a
Permit
is
Not
Needed?

If
all
of
the
storm
water
from
the
construction
activity
is
captured
on­
site
and
allowed
to
evaporate,
soak
into
the
ground
on­
site,
or
is
used
for
irrigation,
you
do
not
need
coverage
under
this
permit.
Under
the
Clean
Water
Act,
it
is
illegal
to
have
a
point
source
discharge
of
pollutants
to
a
water
of
the
United
States
that
is
not
authorized
by
a
permit.
If
there
is
a
potential
for
a
discharge,
you
need
to
apply
for
coverage
under
this
permit.
Many
local
governments
have
separate
requirements
for
soil
and
erosion
control
from
construction
projects.
There
maybe
other
federal,
state,
tribal,
or
local
requirements
concerning
discharges
to
ground
water
or
impoundment
of
runoff
(
e.
g.,
water
rights).

Small
and
Large
Construction
Activities
4
Fact
Sheet
If
a
Construction
Activity
Does
Not
Adversely
Impact
Water
Quality,
is
Coverage
Under
the
Construction
General
Permit
Still
Necessary?

Waivers
are
possible
only
for
discharges
of
storm
water
associated
with
SMALL
construction
activity
(
i.
e.,
construction
disturbing
less
than
5
acres).
These
waivers
are
authorized
by
federal
regulation
at
40
CFR
§
§
122.26(
b)(
15)(
i)(
A)
&
(
B)
and
are
explained
in
Appendix
D
of
the
permit.
Waivers
are
not
available
for
any
construction
activity
disturbing
5
acres
or
greater,
or
less
than
5
acres
if
part
of
a
common
plan
of
development
or
sale
that
will
ultimately
disturb
5
or
more
acres
(
or
if
designated
for
permit
coverage
by
EPA).

With
All
the
People
Involved
in
a
Construction
Project,
How
Do
I
Know
If
I
Am
the
One
That
Needs
to
Apply
for
the
Permit?

You
must
apply
if
you
meet
one
or
both
parts
of
the
definition
of
"
Operator."
This
means
you
should
apply
for
permit
coverage
if
you
have
operational
control
over
either
the
construction
plans
and
specifications,
including
the
ability
to
make
modifications
to
those
plans
and
specifications
(
e.
g.,
owner
or
developer
of
project),
or
you
have
day­
to­
day
operational
control
of
those
activities
at
a
project
which
are
necessary
to
ensure
compliance
with
a
storm
water
pollution
prevention
plan
(
SWPPP)
for
the
site
or
other
permit
conditions
(
e.
g.,
general
contractor).
Where
your
activity
is
part
of
a
larger
common
plan
of
development
or
sale,
you
are
only
responsible
for
the
portions
of
the
project
for
which
you
meet
the
definition
of
"
operator."

In
many
instances,
there
may
be
more
than
one
party
at
a
site
performing
tasks
related
to
"
operational
control"
and
hence,
more
than
one
operator
must
submit
an
NOI.
Depending
on
the
site
and
the
relationship
between
the
parties
(
e.
g.,
owner,
developer,
general
contractor),
there
can
either
be
a
single
party
acting
as
site
operator
and
consequently
be
responsible
for
obtaining
permit
coverage,
or
there
can
be
two
or
more
operators
all
needing
permit
coverage.
Exactly
who
is
considered
an
operator
is
largely
controlled
by
how
the
"
owner"
of
the
project
chooses
to
structure
the
contracts
with
the
"
contractors"
hired
to
design
and/
or
build
the
project.
The
following
are
three
general
operator
scenarios
(
variations
on
any
of
these
three
are
possible,
especially
as
the
number
of
"
owners"
and
contractors
increases):


"
Owner"
as
sole
permittee.
The
property
owner
designs
the
structures
for
the
site,
develops
and
implements
the
SWPPP,
and
serves
as
general
contractor
(
or
has
an
on­
site
representative
with
full
authority
to
direct
day­
to­
day
operations).
The
"
Owner"
is
the
only
party
that
needs
permit
coverage,
in
which
case
everyone
else
on
the
site
may
be
considered
subcontractors
and
not
need
permit
coverage.


"
Contractor"
as
sole
permittee.
The
property
owner
hires
one
company
(
i.
e.,
a
contractor)
to
design
the
project
and
oversee
all
aspects
of
the
construction
project,
including
preparation
and
implementation
of
the
SWPPP
and
compliance
with
the
permit
(
e.
g.,
a
"
turnkey"
project).
Here,
the
contractor
would
likely
be
the
only
party
needing
a
permit.
It
is
under
this
scenario
that
an
individual
having
a
personal
residence
built
for
his
own
use
(
e.
g.,
not
those
to
be
sold
for
profit
or
used
as
rental
property)
would
not
be
considered
an
operator.
EPA
believes
that
the
general
contractor,
being
a
professional
in
the
building
industry,
should
be
the
entity
rather
than
the
individual
who
is
better
equipped
to
meet
the
requirements
of
both
applying
for
permit
coverage
and
developing
and
properly
implementing
a
SWPPP.
However,
individuals
would
meet
the
definition
of
"
operator"
and
require
permit
coverage
in
instances
where
they
perform
general
contracting
duties
for
construction
of
their
personal
residences.


Owner
and
contractor
as
co­
permittees.
The
owner
retains
control
over
any
changes
to
site
plans,
SWPPPs,
or
storm
water
conveyance
or
control
designs;
but
the
contractor
is
responsible
for
overseeing
actual
earth
disturbing
activities
and
daily
implementation
of
SWPPP
and
other
permit
conditions.
In
this
case,
which
is
the
most
common
scenario,
both
parties
need
to
apply
for
coverage.

However,
you
are
probably
not
an
operator
and
subsequently
do
not
need
permit
coverage
if:


You
are
a
subcontractor
hired
by,
and
under
the
supervision
of,
the
owner
or
a
general
contractor
(
i.
e.,
if
the
contractor
directs
your
activities
on­
site,
you
probably
are
not
an
operator);
or

Your
activities
on
site
result
in
earth
disturbance
and
you
are
not
legally
a
subcontractor,
but
a
SWPPP
specifically
identifies
someone
other
than
you
(
or
your
subcontractor)
as
the
party
having
operational
control
to
address
the
impacts
your
activities
may
have
on
storm
water
quality
(
i.
e.,
another
operator
has
assumed
responsibility
for
the
impacts
of
your
construction
activities).
EPA
anticipates
that
this
will
be
the
case
for
many,
if
not
most,
utility
service
line
installations.

In
addition,
for
purposes
of
this
permit
and
determining
who
is
an
operator,
"
owner"
refers
to
the
party
that
owns
the
structure
being
built.
Ownership
of
the
land
where
construction
is
occurring
does
not
necessarily
imply
the
property
owner
is
an
operator
(
e.
g.,
a
landowner
whose
property
is
being
disturbed
by
construction
of
a
gas
Small
and
Large
Construction
Activities
5
Fact
Sheet
pipeline).
Likewise,
if
the
erection
of
a
structure
has
been
contracted
for,
but
possession
of
the
title
or
lease
to
the
land
or
structure
is
not
to
occur
until
after
construction,
the
would­
be
owner
may
not
be
considered
an
operator
(
e.
g.,
having
a
house
built
by
a
residential
homebuilder).

My
Project
Will
Disturb
Less
Than
One
Acre,
But
it
May
Be
Part
of
a"
Larger
Common
Plan
of
Development
or
Sale."
How
Can
I
Tell
and
What
Must
I
Do?

In
many
cases,
a
common
plan
of
development
or
sale
consists
of
many
small
construction
projects.
For
example,
a
common
plan
of
development
for
a
residential
subdivision
might
lay
out
the
streets,
house
lots,
and
areas
for
parks,
schools
and
commercial
development
that
the
developer
plans
to
build
or
sell
to
others
for
development.
All
these
areas
would
remain
part
of
the
common
plan
of
development
or
sale.

If
your
smaller
project
is
part
of
a
larger
common
plan
of
development
or
sale
that
collectively
will
disturb
one
or
more
acres
(
e.
g.,
you
are
building
on
6
half­
acre
residential
lots
in
a
10­
acre
development
or
are
putting
in
a
fast
food
restaurant
on
a
3/
4
acre
pad
that
is
part
of
a
20
acre
retail
center)
you
need
permit
coverage.
"
Common
plan"
is
broadly
defined
as
any
announcement
or
piece
of
documentation
(
including
a
sign,
public
notice
or
hearing,
sales
pitch,
advertisement,
drawing,
permit
application,
zoning
request,
computer
design,
etc.)
or
physical
demarcation
(
including
boundary
signs,
lot
stakes,
surveyor
markings,
etc.)
indicating
construction
activities
may
occur
on
a
specific
plot.
You
must
still
meet
the
definition
of
operator
in
order
to
be
required
to
get
permit
coverage,
regardless
of
the
acreage
you
personally
disturb.
As
a
subcontractor,
it
is
unlikely
you
would
need
permit
coverage.

However,
where
only
a
small
portion
of
the
original
common
plan
of
development
remains
undeveloped
and
there
has
been
a
period
of
time
where
there
is
no
ongoing
construction
activities
(
i.
e.,
all
areas
are
either
undisturbed
or
have
been
finally
stabilized),
you
may
re­
evaluate
your
individual
project
based
on
the
acreage
remaining
from
the
original
"
common
plan."
If
less
than
five
but
more
than
one
acre
remains
to
build
out
the
original
"
common
plan"
permit
coverage
may
still
be
required,
but
you
can
treat
your
project
as
part
of
a
"
small"
construction
activity
and
may
be
eligible
for
the
waivers
available
for
small
construction
activities
(
e.
g.,
one
of
six
lots
totaling
2
acres
in
a
50
acre
subdivision
can
be
treated
as
part
of
a
2
acre
rather
than
50
acre
"
common
plan").
If
less
than
one
acre
remains
of
the
original
common
plan,
your
individual
project
may
be
treated
as
part
of
a
less
than
one
acre
development
and
no
permit
would
be
required.

When
Can
You
Consider
Future
Construction
on
a
Property
to
be
Part
of
a
Separate
Plan
of
Development
or
Sale?

After
the
initial
"
common
plan"
construction
activity
is
completed
for
a
particular
parcel,
any
subsequent
development
or
redevelopment
of
that
parcel
would
be
regarded
as
a
new
plan
of
development.
For
example,
after
a
house
is
built
and
occupied,
any
future
construction
on
that
lot
(
e.
g.,
reconstructing
after
fire,
adding
a
pool
or
parking
area,
etc.),
would
stand
alone
as
a
new
"
common
plan"
for
purposes
of
calculating
acreage
disturbed
to
determine
if
a
permit
was
required.
This
would
also
apply
to
similar
situations
at
an
industrial
facility,
such
as
adding
new
buildings,
a
pipeline,
new
wastewater
treatment
facility,
etc.
that
was
not
part
of
the
original
plan.

What
If
the
Extent
of
the
Common
Plan
of
Development
or
Sale
is
Contingent
on
Future
Activities?

EPA
recognizes
that
there
are
situations
where
you
will
not
know
beforehand
exactly
how
many
acres
will
be
disturbed,
or
whether
some
activities
will
ever
occur.
If
you
are
not
sure
exactly
how
many
acres
will
be
disturbed,
you
should
make
the
best
estimate
possible
and
may
wish
to
overestimate
to
ensure
you
do
not
run
into
the
situation
where
you
should
have
a
permit,
but
don't.
For
example,
if
you
originally
estimated
less
that
5
acres
would
actually
be
disturbed
and
took
advantage
of
the
"
R"
Factor
waiver,
but
you
actually
disturbed
5.5
acres,
you
would
lose
your
waiver
and
would
need
to
apply
for
permit
coverage.
This
could
result
in
delays
in
obtaining
permit
authorization
and
costs
associated
with
contract
changes
to
implement
permit
requirements
­
in
addition
to
being
liable
for
any
unpermitted
discharges.

If
you
have
a
long­
range
master
plan
of
development
where
some
portions
of
the
master
plan
are
a
conceptual
rather
than
a
specific
plan
of
future
development
and
the
future
construction
activities
would,
if
they
occur
at
all,
happen
over
an
extended
time
period,
you
may
consider
the
"
conceptual"
phases
of
development
to
be
separate
"
common
plans"
provided
the
periods
of
construction
for
the
physically
interconnected
phases
will
not
overlap.
For
example,
a
university
or
an
airport
may
have
a
long­
range
development
concept
for
their
property,
with
future
development
based
largely
on
future
needs
and
available
funding.
A
school
district
could
buy
more
land
than
needed
for
a
high
school
with
an
indefinite
plan
to
add
more
classrooms
and
a
sports
facility
some
day.
An
oil
and
gas
exploration
and
production
company
could
have
a
broad
plan
to
develop
wells
within
a
lease
or
production
area,
but
decisions
on
how
many
wells
would
be
drilled
within
what
time
frame
and
which
wells
would
be
tied
to
a
Small
and
Large
Construction
Activities
6
Fact
Sheet
pipeline
would
be
largely
driven
by
current
market
conditions
and
which,
if
any,
wells
proved
to
be
commercially
viable.

What
if
the
"
Common
Plan
of
Development
or
Sale"
Actually
Consists
of
Non­
Contiguous
Separate
Projects?

There
are
several
situations
where
discrete
projects,
that
could
be
considered
part
of
a
larger
"
common
plan,"
can
actually
be
treated
as
separate
projects
for
the
purposes
of
permitting:

A.
A
public
entity
(
e.
g.,
a
municipality,
state,
tribe,
or
federal
agency)
need
not
consider
all
construction
projects
within
their
entire
jurisdiction
to
be
part
of
an
overall
"
common
plan."
For
example,
construction
of
roads
or
buildings
in
different
parts
of
a
state,
county,
or
city
could
be
considered
separate
"
common
plans."
Only
the
interconnected
parts
of
a
project
would
be
considered
to
be
a
"
common
plan"
(
e.
g.,
a
building
and
its
associated
parking
lot
and
driveways,
airport
runway
and
associated
taxiways,
a
building
complex,
etc.)

B.
Where
discrete
construction
projects
within
a
larger
common
plan
of
development
or
sale
are
located
1/
4
mile
or
more
apart
and
the
area
between
the
projects
is
not
being
disturbed,
each
individual
project
can
be
treated
as
a
separate
plan
of
development
or
sale
provided
any
interconnecting
road,
pipeline
or
utility
project
that
is
part
of
the
same
"
common
plan"
is
not
concurrently
being
disturbed.
For
example,
two
oil
and
gas
well
pads
separated
by
1/
2
mile
could
be
treated
as
separate
"
common
plans."
However,
if
the
same
two
well
pads
and
an
interconnecting
access
road
were
all
under
construction
at
the
same
time,
they
would
generally
be
considered
as
part
of
a
single
"
common
plan"
for
permitting
purposes.
If
a
utility
company
was
constructing
new
trunk
lines
off
an
existing
transmission
line
to
serve
separate
residential
subdivisions
located
more
than
1/
4
mile
apart,
the
two
trunk
line
projects
could
be
considered
to
be
separate
projects.

What
Do
You
Need
to
Do
to
Apply
for
Permit
Coverage?

First
­
you
will
need
a
copy
of
the
CGP
to
determine
if
you
are
eligible
for
the
permit.
The
text
of
the
permit
also
explains,
for
example
what
must
be
included
in
your
SWPPP
and
what
you
need
to
do
in
order
to
comply
with
the
permit.

Second
­
you
need
to
determine
if
you
are
eligible
to
use
the
permit.
You
will
need
to
document
how
you
determined
your
eligibility
with
regard
to
protection
of
endangered
species,
total
maximum
daily
loads,
etc.

Third
­
you
will
need
to
prepare
your
SWPPP.
You
will
also
need
to
include
a
copy
of
the
CGP
and
documentation
of
your
eligibility
in
your
SWPPP.

Fourth
­
you
will
need
to
fill
out
an
NOI
form
and
submit
it
to
EPA
at
least
seven
days
before
you
start
construction.

What
are
My
Options
For
Meeting
the
"
Final
Stabilization"
Criteria?

In
most
cases,
you
can
terminate
permit
coverage
as
soon
as
the
portion(
s)
of
the
project
for
which
you
are
an
operator
are
finally
stabilized.
A
definition
of
"
Final
Stabilization"
is
in
Appendix
A
of
the
CGP.
For
the
purpose
of
these
discussions,
"
structure"
is
used
not
only
in
the
more
traditional
sense
of
"
buildings,"
but
also
refers
to
other
things
that
would
remain
in
a
non­
vegetated
condition
after
construction
has
ended.
Examples
of
"
structures"
include:
buildings;
parking
lots;
roads;
gravel
equipment
pads,
sidewalks,
runways,
etc.
All
other
disturbed
areas
must
be
finally
stabilized
by
either
vegetative
or
non­
vegetative
practices,
except
disturbed
areas
on
lands
that
will
be
returned
to
an
agricultural
use
such
as
cropland,
rangeland,
or
silviculture
need
only
be
returned
to
the
preexisting
condition
(
e.
g.,
tilled
land,
grass
rangeland,
agricultural
buffer
stip,
etc).
Where
a
residential
homeowner
has
decided
to
install
their
lawn
themselves,
only
temporary
stabilization
is
required.
Perennial
vegetation
could
include
grasses,
ground
covers,
trees,
shrubs,
etc.
Vegetative
final
stabilization
requires
70
percent
coverage
of
the
"
natural"
vegetative
cover
in
that
part
of
the
country.
If
the
natural
vegetation
in
your
area
covers
50
percent
of
the
land,
final
stabilization
is
achieved
when
coverage
of
35
percent
or
more
of
the
land
is
achieved
(
70
percent
of
50
percent).
Non­
vegetative
stabilization
could
include
rip­
rap,
gravel,
gabions,
etc.
Impervious
cover
such
as
concrete
or
asphalt
should
be
avoided
as
a
final
stabilization
technique.
Long­
term,
semi­
permanent
erosion
control
practices
combined
with
seeds
that
would
establish
vegetative
stabilization
(
e.
g.,
properly
secured
seed
impregnated
erosion
control
mats,
etc.)
could
also
be
used
as
"
final
stabilization."
To
qualify
as
"
long­
term,"
the
erosion
control
practice
must
be
selected,
designed,
and
installed
so
as
to
provide
at
least
three
years
of
erosion
control.

EPA
believes,
where
the
environmental
threat
is
low
(
i.
e.,
in
arid
and
semi­
arid
climes),
that
"
final
stabilization"
can
also
include
techniques
that
employ
re­
vegetation
combined
with
other
stabilization
measures.
"
Other
stabilization
measures"
in
this
context
include
what
are
known
as
"
temporary
degradable
rolled
erosion
control
products,"
a.
k.
a.,"
erosion
control
blankets"
(
ECBs)
along
with
an
appropriate
seed
base.
With
proper
selection
(
degradability,
application,
siting,
etc),
design,
and
installation,
ECBs
can
be
very
effective
in
preventing
the
Small
and
Large
Construction
Activities
7
Fact
Sheet
detachment
and
transportation
of
soil
until
they
naturally
degrade
and
vegetation
has
assumed
this
function.
Therefore,
upon
proper
selection,
design,
and
installation
of
the
combination
ECB­
seed
technique
in
arid
or
semi­
arid
areas,
a
permittee
can
be
considered
to
have
achieved
final
stabilization
and
can
terminate
permit
coverage.
If
more
than
3
years
(
i.
e.,
three
growing
seasons)
is
required
to
establish
the
70
percent
of
the
natural
vegetative
cover,
this
technique
cannot
be
used
or
cited
for
fulfillment
of
permit
termination
requirements
prior
to
actual
establishment
of
vegetative
cover.

What
if
the
Operator(
s)
Changes
Before
the
Project
is
Completed?

If
operational
control
changes,
the
old
operator
submits
a
Notice
of
Termination
(
NOT)
and
the
new
operator
submits
a
Notice
of
Intent
(
NOI)
before
taking
over
operational
control.

In
many
instances,
operational
control
changes,
but
only
for
a
portion
of
the
site.
In
these
instances,
the
new
operator
must:

1.
submit
an
NOI;
and
2.
develop
and
implement
their
own
SWPPP
or
adopt
the
SWPPP
of
the
previous
operator
if
it's
still
applicable
(
with
appropriate
revisions)

What
if
Earth
Disturbance
is
a
Normal
Part
of
the
Post­
Construction
Use
of
the
Site?

The
earth
disturbing
activity
has
to
be
part
of
a
project
to
build,
demolish,
or
replace
a
structure
(
e.
g.,
building,
road,
pad,
pipeline,
transmission
line,
etc.)
to
trigger
the
need
for
permit
coverage.
Earth
disturbance
that
is
a
normal
part
of
the
long­
term
use
or
maintenance
of
the
property
is
not
covered
by
the
construction
general
permit.
For
example,
re­
grading
a
dirt
road
or
cleaning
out
a
roadside
drainage
ditch
to
maintain
its
"
as
built"
state
is
road
maintenance
and
not
construction.
Restoring
the
well
pad
of
an
existing
oil
or
gas
well
is
operation
of
a
well
and
not
construction.
Re­
grading
and
re­
graveling
a
gravel
parking
lot
or
equipment
pad
is
site
maintenance
and
not
construction.
Repaving
is
routine
maintenance
unless
underlying
and/
or
surrounding
soil
is
cleared,
graded,
or
excavated
as
part
of
the
repaving
operation.
Where
clearing,
grading,
or
excavating
(
i.
e.,
down
to
bare
soils)
takes
place,
permit
coverage
is
required
if
more
than
one
acre
is
disturbed.
Reworking
planters
that
are
part
of
the
landscaping
at
a
building
is
landscape
maintenance
and
not
construction.
Applying
daily
cover
at
a
landfill
is
part
of
the
operation
of
a
landfill
and
not
construction.

Does
the
exclusion
of
"
Routine
Maintenance"
Apply
to
all
Construction
Activity?

Yes.
The
definition
of
small
construction
at
40
CFR
§
122.26(
b)(
15)(
i)
includes
the
phrase
"
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
facility"
EPA
has
revised
the
definition
of
"
large
construction"
in
this
permit
to
include
similar
language.
However,
the
term
"
routine
maintenance"
should
not
be
confused
with
activities
such
as
repairs,
replacement,
and
other
types
of
non­
routine
maintenance
that
require
permit
coverage
where
more
than
one
acre
is
disturbed.

How
Many
Notices
of
Intent
(
NOIs)
Must
I
Submit?
Where
and
When
Are
They
Sent?

You
only
need
to
submit
one
NOI
to
cover
all
activities
for
which
you
are
considered
the
operator
in
any
given
project.
The
site
map
you
develop
for
the
SWPPP
identifies
which
parts
of
the
overall
project
are
under
your
control.
For
example,
if
you
are
a
homebuilder
in
a
residential
development,
you
need
submit
only
one
NOI
to
cover
all
your
lots,
even
if
they
are
on
opposite
sides
of
the
development.

A
complete
NOI
must
be
sent
at
least
seven
days
before
work
begins
on
the
site.
The
address
for
submitting
NOIs
is
found
in
Part
2
of
the
CGP.
You
must
also
look
in
Part
9
of
the
permit
to
determine
if
copies
of
the
NOI
form
must
be
sent
to
a
State
or
Indian
Tribe.

Do
I
Have
Flexibility
in
Preparing
the
Storm
Water
Pollution
Prevention
Plan
(
SWPPP)
and
Selecting
Best
Management
Practices
(
BMPs)
For
My
Site?

Storm
water
pollution
prevention
plan
requirements
were
designed
to
allow
maximum
flexibility
to
develop
storm
water
controls
based
on
the
specifics
of
the
site.
Some
of
the
factors
you
might
consider
include:
more
stringent
local
development
requirements
and/
or
building
codes;
precipitation
patterns
for
the
area
at
the
time
the
project
will
be
underway;
soil
types;
slopes;
layout
of
structures
for
the
site;
sensitivity
of
nearby
water
bodies;
safety
concerns
(
e.
g.,
potential
hazards
of
water
in
storm
water
retention
ponds
to
the
safety
of
children;
and
coordination
with
other
site
operators.

The
approach
and
BMPs
used
for
controlling
pollutants
in
storm
water
discharges
from
small
construction
sites
may
vary
from
those
used
for
large
sites
since
their
characteristics
can
differ
in
many
ways.
Operators
of
small
Small
and
Large
Construction
Activities
8
Fact
Sheet
sites
may
have
more
limited
access
to
qualified
design
personnel
and
technical
information.
Sites
may
also
have
less
space
for
installing
and
maintaining
certain
BMPs.
A
number
of
structural
BMPs
(
e.
g.,
use
of
inlet
protection,
or
silt
fence)
and
non­
structural
BMPs
(
minimizing
disturbance,
good
housekeeping)
have
shown
to
be
efficient,
cost
effective,
and
versatile
for
small
construction
site
operators
to
implement.
As
is
the
case
with
large
construction
sites,
erosion
and
sediment
control
at
small
construction
sites
is
best
accomplished
with
proper
planning,
installation,
and
maintenance
of
controls.

Must
Every
Permittee
Have
His
or
Her
Own
Separate
SWPPP
or
is
a
Joint
Plan
Allowed?

The
only
requirement
is
that
there
be
at
least
one
SWPPP
for
a
site
that
incorporates
the
required
elements
for
all
operators,
but
there
can
be
separate
plans
if
individual
permittees
so
desire.
EPA
encourages
permittees
to
explore
possible
cost
savings
by
having
a
joint
SWPPP.
For
example,
the
general
contractor
could
assume
the
inspection
responsibilities
for
the
entire
site,
while
each
homebuilder
shares
in
the
installation
and
maintenance
of
sediment
traps
serving
common
areas.

If
a
Project
Will
Not
Be
Completed
Before
This
Permit
Expires,
How
Can
I
Keep
Permit
Coverage?

If
the
permit
is
reissued
or
replaced
with
a
new
one
before
the
current
one
expires,
you
will
need
to
comply
with
the
new
permit
conditions
in
order
to
transition
coverage
from
the
old
permit.
This
will
likely
include
submitting
a
new
NOI.
If
the
permit
expires
before
a
replacement
permit
can
be
issued,
the
permit
will
be
administratively
continued.
You
are
automatically
covered
under
the
continued
permit,
without
needing
to
submit
anything
to
EPA,
until
the
earliest
of:

1.
The
permit
being
reissued
or
replaced;

2.
Submittal
of
a
Notice
of
Termination
(
NOT);

3.
Issuance
of
an
individual
permit
for
your
activity;
or
4.
EPA
issues
a
formal
decision
not
to
reissue
the
permit,
at
which
time
you
must
seek
coverage
under
an
alternative
permit.

When
Can
I
Terminate
Permit
Coverage?
Can
I
Terminate
Coverage
(
i.
e.,
Liability
for
Permit
Compliance)
Before
the
Entire
Project
is
Finished?

You
can
submit
an
NOT
for
your
portion
of
a
site
providing:
(
1)
You
have
achieved
final
stabilization
(
e.
g.,
70
percent
revegetation)
of
the
portion
of
the
site
for
which
you
are
responsible;
(
2)
another
operator/
permittee
has
assumed
control,
according
to
Subpart
5.1.
B
of
the
permit
over
all
areas
of
the
site
that
have
not
been
finally
stabilized
for
which
you
are
responsible
(
for
example,
a
developer
can
pass
permit
responsibility
for
lots
in
a
subdivision
to
the
homebuilder
who
purchases
those
lots,
providing
the
homebuilder
has
filed
his
or
her
own
NOI);
(
3)
coverage
under
an
alternative
NPDES
permit
has
been
obtained
for
the
discharge;
or
(
4)
for
residential
construction
only,
you
have
completed
temporary
stabilization
and
the
residence
has
been
transferred
to
the
homeowner.

Is
Coverage
Required
for
Oil
and
Gas
Construction?

EPA
received
numerous
comments
concerning
the
applicability
of
the
construction
permit
requirements,
which
were
modeled
after
residential
and
commercial
construction,
to
oil
and
gas
construction.
The
oil
and
gas
industry
noted
that
a
residential
or
commercial
project
typically
has
a
definite
plan
of
development
that
involves
a
planning
phase,
a
construction
phase
and
termination
of
the
construction,
while
an
oil
and
gas
construction
project
is
typically
on
a
very
tight
schedule
and
moves
very
quickly
from
planning
to
construction
because
both
the
access
to
mineral
rights
and
the
availability
of
drilling
rigs
are
on
schedules.

EPA
believes
sediment
from
oil
and
gas
sites
can
be
a
problem,
but
realizes
that
this
type
of
construction
may
require
different
controls
than
residential
and
commercial
construction.
EPA
has
extended
the
permit
application
deadline
for
oil
and
gas
construction
activity
disturbing
1
to
5
acres
from
March
10,
2003
to
March
10,
2005.
See
68
Federal
Register
11325.
The
two­
year
postponement
will
allow
for
time
for
EPA
to
analyze
and
better
evaluate:
the
impact
of
the
permit
requirements
on
the
oil
and
gas
industry;
the
appropriate
BMPs
for
preventing
contamination
of
storm
water
runoff
resulting
from
construction
association
with
oil
and
gas
exploration,
production,
processing,
or
treatment
operations
or
transmission
facilities;
and
the
scope
and
effect
of
33
U.
S.
C.
1342(
l)(
2)
and
other
storm
water
provisions
of
the
CWA.

The
two­
year
postponement
applies
only
to
"
small"
oil
and
gas
construction
projects.
Large
construction
has
been
regulated
as
an
industrial
activity
under
CWA
section
402(
p)(
6)
since
promulgation
of
the
Phase
I
storm
water
rule.
Large
construction
activity
was
covered
under
the
1998
CGP
and
must
now
obtain
permit
coverage
under
the
2003
CGP.

Small
and
Large
Construction
Activities
9
Fact
Sheet
Do
I
Need
to
Have
Coverage
Under
the
MSGP
and
the
CGP
for
Mining
Activity?

Coverage
under
the
CGP
is
required
for
the
construction
or
exploration
phase,
and
coverage
under
the
multi­
sector
general
permit
(
MSGP)
is
required
for
the
active
mining
phase.
This
is
due
to
EPA's
concern
that
the
initial
clearing,
grading,
or
excavation
on
a
site
could
escape
permit
coverage
under
the
MSGP
for
mining
activities
(
e.
g.,
Sector
G
­
Metal
Mining)
despite
the
significant
pollutant
discharges
that
may
result.
Members
of
the
mining
industry
have
requested
to
be
covered
by
only
one
permit
for
any
and
all
earth
disturbances.
To
allow
this,
EPA
may
need
to
modify
the
MSGP.
As
part
of
the
next
MSGP
reissuance,
EPA
will
consider
the
effectiveness
and
justification
for
addressing
different
mining
phases
in
two
different
permits,
including
whether
all
mining
and
mining­
related
activities
(
from
exploration
and
construction
to
reclamation)
should
be
placed
in
the
MSGP.
At
present,
however,
discharges
relating
to
the
exploration
and
construction
phases
of
mining
operations
must
be
covered
by
the
CGP,
while
discharges
from
active
mining
activities
must
be
covered
under
the
MSGP.

III.
Coverage
Provided
by
General
Permits
Section
402(
p)
of
the
Clean
Water
Act
(
CWA)
provides
that
storm
water
discharges
associated
with
industrial
activity
that
discharge
to
waters
of
the
United
States
must
be
authorized
by
an
NPDES
permit.
The
term
"
discharge"
when
used
in
the
context
of
the
NPDES
program
means
the
discharge
of
pollutants
(
40
CFR
§
122.2).

On
November
16,
1990,
EPA
published
regulations
under
the
NPDES
program
that
defined
one
facet
of
the
phrase
"
storm
water
discharges
associated
with
industrial
activity"
as
including
discharges
from
construction
activity
(
including
clearing,
grading
and
excavation
activities)
that
result
in
the
disturbance
of
five
or
more
acres
of
total
land
area,
including
smaller
areas
that
are
part
of
a
larger
common
plan
of
development
or
sale
(
40
CFR
§
122.26(
b)(
14)(
x)).
These
are
commonly
referred
to
as
Phase
I
construction
activities
or
"
large"
construction
activities.

The
regulation
entitled
"
National
Pollution
Discharge
Elimination
System
­
Regulations
for
Revision
of
the
Water
Pollution
Control
Program
Addressing
Storm
Water
Discharges"
(
64
FR
68722)
was
published
by
EPA
on
December
8,
1999.
This
regulation,
known
as
Phase
II
of
the
storm
water
program,
expands
the
existing
NPDES
storm
water
program
to
address
discharges
that
result
in
land
disturbance
of:
equal
to
or
greater
than
one
and
less
than
five
acres;
less
than
one
acre
if
part
of
a
larger
common
plan
of
development
or
sale
that
disturbs
between
one
and
five
acres;
and
other
construction
activities
designated
by
EPA
based
on
the
potential
for
contribution
to
a
violation
of
a
water
quality
standard
or
for
significant
contribution
of
pollutants
to
waters
of
the
United
States
(
40
CFR
§
122.26(
b)(
15)(
ii)).
However,
the
Phase
II
rule
allows
for
the
exclusion
of
certain
sources
from
permit
coverage
based
on
a
demonstration
of
the
lack
of
impact
on
water
quality,
as
well
as
the
inclusion
of
others
based
on
a
higher
likelihood
of
localized
adverse
impact
on
water
quality.
Exclusion
from
the
program
is
available
through
waivers
to
operators
of
small
construction
activity
who
certify
for
one
of
the
available
waivers.

All
large
construction
activities,
regulated
under
40
CFR
§
122.26(
b)(
14)(
x),
are
required
to
obtain
coverage
under
a
storm
water
permit
including
sites
disturbing
less
than
five
acres
that
are
part
of
a
larger
common
plan
of
development
or
sale
that
has
the
potential
to
disturb
five
or
more
acres
collectively.
A
similar
permit
requirement
exists
for
small
construction
activities,
regulated
under
40
CFR
§
122.26(
b)(
15)(
i),
that
disturbs
less
than
one
acre
but
are
part
of
a
larger
common
plan
of
development
or
sale
having
the
potential
to
disturb
at
least
one,
but
less
than
five
acres
collectively.
Examples
of
these
would
be
lots
in
a
subdivision
or
industrial
park.

To
help
clarify
what
projects
must
be
addressed
as
part
of
a
"
common
plan
of
development
or
sale"
and
what
projects
can
be
considered
on
their
own
merit,
EPA
is
addressing
the
issue
of
non­
contiguous
construction
activities.
Where
discrete
construction
projects
within
a
larger
common
plan
of
development
or
sale
are
located
at
least
1/
4
mile
apart
and
the
area
between
the
projects
is
not
being
disturbed,
each
individual
project
can
be
treated
as
a
separate
plan
of
development
or
sale
provided
any
interconnecting
road,
pipeline
or
utility
project
that
is
part
of
the
same
"
common
plan"
is
not
concurrently
being
disturbed.
For
example,
two
oil
and
gas
well
pads
separated
by
1/
4
mile
could
be
treated
as
separate
"
common
plans."
However,
if
the
same
two
well
pads
and
an
interconnecting
access
road
were
all
under
construction
at
the
same
time,
they
would
generally
be
considered
as
part
of
a
single
"
common
plan"
for
permitting
purposes.
If
a
utility
company
was
constructing
new
trunk
lines
off
an
existing
transmission
line
to
serve
separate
residential
subdivisions
located
more
than
1/
4
mile
apart,
the
two
trunk
line
projects
could
be
considered
to
be
separate
projects.

For
situations
where
a
common
plan
of
development
or
sale
exists
and
a
single
SWPPP
is
developed
for
an
entire
site,
the
requirements
and
burdens
associated
with
maintaining
permit
compliance
can
be
commensurately
reduced
as
portions
of
the
site
are
stabilized.
For
example,
BMPs
may
be
removed
and
inspections
ceased
for
a
stabilized
area,
as
long
as
the
threat
of
pollutants
in
any
discharges
from
the
area
resulting
from
construction
or
construction­
related
activities
no
longer
exists.
It
is
not
necessary
to
revise
the
NOI
in
this
situation.
Instead,
the
Small
and
Large
Construction
Activities
10
Fact
Sheet
construction
operator
must
thoroughly
document
all
activities
leading
up
to
and
including
final
stabilization,
so
that
an
inspector
will
understand
that
BMPs
and
regular
inspections
are
no
longer
needed
in
that
area.

The
NPDES
regulations,
at
40
CFR
§
122.44(
s)
provide
for
the
incorporation
of
qualifying
State,
Tribal
or
local
erosion
and
sediment
control
program
requirements
by
reference
into
the
CGP
for
both
small
and
large
construction
activities.
Under
that
provision,
the
CGP
would
require
compliance
with
the
qualifying
local
program
rather
than
with
two
different
sets
of
requirements
(
i.
e.,
CGP
and
the
qualifying
program).
EPA
has
opted
not
to
include
any
qualifying
State,
Tribal
or
local
erosion
and
sediment
control
program
requirements
in
the
CGP
at
this
time.

Federal
regulations,
at
40
Part
125,
Subpart
M,
establish
guidelines
for
issuance
of
NPDES
permits
for
the
discharges
into
the
territorial
seas,
the
contiguous
zone,
and
the
oceans.
The
regulations
specify
that
EPA
shall
determine
whether
a
discharge
will
cause
unreasonable
degradation
of
the
marine
environment
based
on
consideration
of
a
number
of
factors
(
see
40
CFR
§
125.122(
a)).
EPA
has
made
the
determination
that
the
CGP
is
designed
to
control
discharges
such
that
these
discharges
that
are
in
compliance
with
the
terms
and
conditions
of
this
permit
will
not
cause
unreasonable
degradation
of
the
marine
environment.
As
such,
this
permit
is
consistent
with
provisions
specified
in
40
CFR
§
125.123(
a).

EPA
issued
the
first
round
of
the
Phase
I
construction
general
permit
on
two
dates:
September
9,
1992,
for
certain
States
and
territories,
and
September
25,
1992,
for
the
other
States
and
territories
where
EPA
was
the
Permitting
Authority.
The
Phase
I
permit
was
commonly
referred
to
as
the
Baseline
Construction
General
Permit.
The
second­
round
permit
(
also
known
as
the
"
national
construction
general
permit"),
issued
February
17,
1998,
was
for
use
in
the
states,
territories
and
Indian
country
in
EPA
Regions
1,
2,
3,
7,
8,
9,
and
10
where
EPA
was
the
NPDES
permitting
authority.
EPA
Region
4
issued
its
permit
on
March
31,
1998
(
63
FR
15621)
that
was
modified
on
April
28,
2000
(
65
FR
25122).
EPA
Region
6
issued
its
permit
on
July
6,
1998
(
63
FR
36490).
Today's
permit
reflects
changes
under
Phase
II
of
the
storm
water
program,
and
is
for
use
in
all
states,
territories,
and
Indian
country
where
EPA
is
the
NPDES
permitting
authority,
except
in
EPA
Region
4.
Operators
of
construction
projects
in
EPA
Region
4
should
continue
to
seek
coverage
under
the
appropriate
permit,
either
the
Region
4
CGP,
another
applicable
EPA
permit,
or
a
state
permit.

Operators
of
construction
projects
in
EPA
Region
6,
previously
not
covered
under
the
national
construction
general
permit,
may
now
be
covered
by
the
terms
of
this
permit.
The
previous
Region
6
construction
general
permit
covered
the
states
of
New
Mexico
and
Texas;
Indian
Country
in
Louisiana,
Oklahoma,
Texas
and
New
Mexico
(
except
Navajo
Reservation
Lands
[
see
Region
9]
and
Ute
Mountain
Reservation
Lands
[
see
Region
8]
until
July
7,
2003.
Upon
expiration,
operators
of
construction
projects
in
Region
6
where
EPA
is
the
permitting
authority
must
re­
apply
for
coverage
under
this
CGP
(
see
Subpart
1.2
of
the
CGP
for
locations
where
EPA
is
the
Permitting
Authority).
Operators
of
construction
projects
in
Texas,
other
than
oil,
gas,
and
pipeline
construction,
must
seek
coverage
under
Texas'
permit.
More
information
is
available
for
Texas
operators
at:
www.
tceq.
state.
tx.
us/
index.
html
.
Operators
of
discharges
in
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
492X
and
5171)
and
point
source
discharges
associated
with
agricultural
production,
services,
and
silviculture
Includes
SIC
Groups
01,
02,
07,
08,
and
09),
and
discharges
in
the
Texas
that
are
not
under
the
authority
of
the
Texas
Commission
on
Environmental
Quality
(
formerly
the
Texas
Natural
Resource
Conservation
Commission),
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
must
seek
coverage
under
this
CGP
or,
if
appropriate,
submit
a
waiver
certification
form.
EPA
Region
6
is
hereby
providing
notice
pursuant
to
Subpart
VI.
B.
4
of
the
Region
6
permit
published
July
6,
1998,
that
those
permits
will
not
be
reissued
and
permit
coverage
under
those
permits
will
not
be
administratively
continued
after
permit
expiration.

IV.
Summary
of
Options
for
Controlling
Pollutants
EPA
is
providing
the
following
information
on
controlling
pollutants
in
storm
water
discharges
to
assist
permittees
in
preparing
SWPPPs.
Most
controls
for
construction
activities
can
be
categorized
in
either
of
two
groups:
(
1)
erosion
and
sediment
controls
and
(
2)
storm
water
management
measures.

Sediment
and
erosion
controls
ordinarily
address
pollutants
in
storm
water
generated
from
the
site
during
active
construction­
related
work.
Storm
water
management
measures
are
customarily
installed
before,
and
coincident
with,
completion
of
construction
activities,
but
primarily
result
in
reductions
of
pollutants
in
storm
water
discharged
from
the
site
after
the
construction
has
been
completed.
Additional
measures
that
should
be
employed
throughout
a
project
include
housekeeping
BMPs,
such
as
materials
management
and
litter
control.

Small
and
Large
Construction
Activities
11
Fact
Sheet
1.
Sediment
and
Erosion
Controls
Erosion
controls
provide
the
first
line
of
defense
in
preventing
off­
site
sedimentation
and
are
designed
to
prevent
erosion
through
protection
and
preservation
of
soil.
Sediment
controls
are
designed
to
remove
sediment
from
runoff
before
the
runoff
is
discharged
from
the
site.
Sediment
and
erosion
controls
can
be
further
divided
into
two
major
classes
of
controls:
stabilization
practices
and
structural
practices.
Typically,
a
combination
of
stabilization
practices
and
structural
practices
(
as
well
as
storm
water
management
and
housekeeping
measures)
are
necessary
throughout
the
site
to
provide
adequate
water
quality
protection.
Major
types
of
sediment
and
erosion
practices
are
summarized
below.
A
more
thorough
description
of
these
practices
is
given
in
"
Storm
Water
Management
for
Construction
Activities:
Developing
Pollution
Prevention
Plans
and
Best
Management
Practices,"
U.
S.
EPA,
1992
(
www.
epa.
gov/
npdes/
pubs/
owm0307.
pdf
).
Permittees
should
also
consider
the
construction
of
new
projects
in
phases
to
minimize
the
amount
of
bare
soil
which
is
exposed
at
one
time
and
the
amount
of
stabilization
or
structural
controls
that
would
be
required.

A.
Stabilization
Practices
Stabilization
refers
to
covering
or
maintaining
an
existing
cover
over
soil.
Vegetative
cover
includes
grass,
trees,
vines,
shrubs,
etc.
Stabilization
measures
can
also
include
non­
vegetative
controls
such
as
geotextiles,
riprap
or
gabions
(
wire
mesh
boxes
filled
with
rock).
Mulches
such
as
straw
or
bark
can
be
somewhat
effective
at
stabilization
in
stand­
alone
fashion
but
are
most
effective
when
used
in
conjunction
with
vegetation.

Stabilization
of
exposed
soil
is
one
of
the
foremost
means
to
minimize
pollutant
discharge
during
construction
activities.
Stabilization
reduces
erosion
potential
by
intercepting
water
so
that
it
infiltrates
into
the
ground
instead
of
running
off
the
surface,
and
slowing
the
velocity
of
runoff,
thereby
promoting
deposition
of
sediment
already
being
carried.
Stabilization
provides
large
reductions
in
the
levels
of
suspended
sediment
in
discharges
and
receiving
waters.
Examples
of
stabilization
measures
are
summarized
below.

 

 

 

 

 

 
Temporary
Seeding.
Seeding
of
temporary
vegetation
provides
stabilization
by
establishing
vegetative
cover
at
areas
of
the
site
where
earth
disturbing
activities
have
temporarily
ceased,
but
will
resume
later
in
the
construction
project.
Without
temporary
stabilization,
soil
can
be
exposed
to
precipitation
for
an
extended
period
leaving
it
vulnerable
to
erosion,
even
though
earth­
disturbing
activities
are
not
occurring
on
these
areas.
Temporary
seeding
practices
have
been
found
to
be
up
to
95
percent
effective
in
reducing
erosion.
1
Permanent
Seeding.
Establishing
a
permanent
and
sustainable
ground
cover
at
a
site
stabilizes
the
soil
and
hence
reduces
sediment
in
runoff.
Permanent
seeding
is
typically
required
at
most
sites
for
aesthetic
reasons.
Mulching.
Mulching
is
often
done
coupled
with
permanent
and
temporary
seeding.
Where
temporary
or
permanent
seeding
is
not
feasible,
exposed
soil
can
be
stabilized
by
spreading
plant
residues
or
other
suitable
materials
on
the
soil
surface.
Although
generally
not
as
effective
as
vegetation,
mulching
by
itself
provides
a
measure
of
temporary
erosion
control.
Mulching
in
conjunction
with
seeding
provides
erosion
protection
prior
to
the
onset
of
plant
growth.
In
addition,
mulching
protects
newly­
applied
seeds,
providing
a
higher
likelihood
of
successful
vegetation.
To
maintain
its
effectiveness,
mulch
should
be
anchored
to
resist
wind
displacement.
Sod
Stabilization.
Sod
stabilization
involves
establishing
long­
term
stands
of
grass
by
planting
sod
on
exposed
surfaces.
When
maintained
properly,
sod
can
be
more
than
99
percent
effective
in
reducing
erosion,
and
is
the
most
immediately
effective
vegetation
method
available.
However,
the
cost
of
sod
stabilization
(
relative
to
other
vegetative
controls)
typically
limits
its
use
to
situations
where
a
quick
vegetative
cover
is
desired
(
e.
g.,
steep
or
erodible
slopes)
and
sites
which
can
be
maintained
with
ground
equipment.
Sod
is
also
sensitive
to
climate
and
may
require
intensive
watering
and
fertilization.
2
Vegetative
Buffer
Strips.
Vegetative
buffer
strips
are
indigenous
or
replanted
strips
of
vegetation
located
at
the
top
and
bottom
of
a
slope,
outlining
property
boundaries
or
adjacent
to
receiving
waters
such
as
streams
or
wetlands.
Vegetative
buffer
strips
can
slow
runoff
at
critical
locations,
decreasing
erosion
and
allowing
sedimentation.
They
can
be
especially
useful
for
very
narrow
linear
construction
projects
such
as
underground
utilities
or
pipelines.
Preservation
of
Trees.
This
practice
involves
preserving
selected
trees
already
on­
site
prior
to
development.
Mature
trees
provide
extensive
canopy
and
root
systems
which
protect
and
hold
soil
in
1Guidelines
for
Erosion
and
Sediment
Control
in
California;
USDA,
Soil
Conservation
Service,
Davis,
CA;
revised
1985.
2Ibid.

Small
and
Large
Construction
Activities
12
Fact
Sheet
place.
Shade
trees
also
keep
soil
from
drying
rapidly,
decreasing
the
soil's
susceptibility
to
erosion.
Measures
taken
to
protect
trees
can
vary
significantly,
from
simply
installing
tree
armor
and
fences
around
the
drip
line,
to
more
complex
measures
such
as
building
retaining
walls
and
tree
wells.
Along
with
the
erosion
benefits
provided
by
trees,
they
can
also
add
to
the
aesthetics
and
value
of
the
property.
Contouring
and
Protection
of
Sensitive
Areas.
Contouring
refers
to
the
practice
of
building
in
harmony
with
the
natural
flow
and
contour
of
the
land.
By
minimizing
changes
in
the
natural
contour
of
the
land,
existing
drainage
patterns
are
preserved
as
much
as
possible,
thereby
reducing
erosion.
Minimizing
the
amount
of
regrading
done
will
also
reduce
the
amount
of
soil
being
disturbed.
The
preservation
of
sensitive
areas
at
a
site
such
as
steep
slopes
and
wetlands
should
also
be
a
priority.
Disturbance
of
soil
on
steep
slopes
should
be
avoided
due
to
vulnerability
to
erosion.
Wetlands
should
be
protected
because
they
provide
flood
protection,
pollution
mitigation
and
an
essential
aquatic
habitat.
 

 

 

 

 

 

 

 

 

 

 

 

 
B.
Structural
Practices
Structural
practices
involve
the
installation
of
devices
to
divert,
store
or
limit
runoff.
Structural
practices
have
several
objectives.
First,
structural
practices
can
be
designed
to
prevent
water
from
flowing
on
disturbed
areas
where
erosion
may
occur.
This
involves
diverting
runoff
from
undisturbed,
up­
slope
areas
through
use
of
earth
dikes,
temporary
swales,
perimeter
dikes
or
other
diversions
to
stable
areas.
Another
objective
of
structural
practices
may
be
to
cause
sedimentation
before
the
runoff
leaves
the
site.
Methods
for
removing
sediment
from
runoff
include
diverting
flows
to
a
trapping
or
storage
device
or
filtering
diffuse
flows
through
on­
site
silt
fences.
All
structural
practices
require
proper
maintenance
(
e.
g.,
removal
of
collected
sediment)
to
remain
functional
and
should
be
designed
to
avoid
presenting
a
safety
hazard
­
especially
in
areas
frequented
by
children.

Earth
Dikes.
Earth
dikes
are
temporary
berms
or
ridges
of
compacted
soil
that
channel
water
to
a
desired
location.
Earth
dikes
should
be
stabilized
with
vegetation
or
an
equally
efficacious
method.
Silt
Fences.
Silt
fences
are
a
barrier
of
geotextile
fabric
(
filter
cloth)
used
to
intercept
sediment
in
diffuse
runoff.
They
must
be
firmly
anchored
and
may
require
additional
support,
such
as
reinforcing
with
wire
mesh.
Used
alone,
silt
fences
are
usually
inappropriate
for
flows
of
concentrated
high
volume
or
high
velocity.
They
must
be
carefully
maintained
to
ensure
structural
stability
and
be
cleaned
of
excess
sediment.
Drainage
Swales.
A
drainage
swale
is
a
channel
lined
with
grass,
riprap,
asphalt,
concrete
or
other
materials.
They
are
installed
to
convey
runoff
without
causing
erosion.
Sediment
Traps.
Sediment
traps
are
installed
in
drainage
pathways,
at
storm
drain
inlets
or
other
discharge
points
from
disturbed
areas.
They
are
temporary
structures
designed
to
reduce
water
velocity
and
subsequently
allow
soil
particles
to
settle.
Check
Dams.
Check
dams
are
small
temporary
dams
constructed
across
a
swale
or
drainage
ditch
to
reduce
the
velocity
of
runoff,
thereby
reducing
erosion
in
the
swale
or
ditch.
They
should
not
be
used
in
a
permanent
stream.
More
elaborate
erosion
controls
in
a
flow
conduit
may
be
unnecessary
if
check
dams
are
installed,
due
to
the
decrease
in
energy
of
the
runoff.
Level
Spreaders.
Level
spreaders
are
outlets
for
dikes
and
flow
channels
consisting
of
an
excavated
depression
constructed
at
zero
grade
across
a
slope.
Level
spreaders
convert
concentrated
runoff
into
diffuse
flow
and
release
it
onto
areas
stabilized
by
existing
vegetation.
Subsurface
Drains.
Subsurface
drains
transport
runoff
to
an
area
where
the
water
can
be
managed
effectively.
Drains
can
be
made
of
tile,
pipe,
or
tubing.
Pipe
Slope
Drains.
A
pipe
slope
drain
is
a
temporary
runoff
conveyance
running
down
a
slope
to
prevent
erosion
on
the
face
of
the
slope.
Temporary
Storm
Drain
Diversions.
Temporary
storm
drain
diversions
are
used
to
re­
direct
flow
in
a
storm
drain
for
capturing
sediment
in
a
trapping
device.
Storm
Drain
Inlet
Protection.
Storm
drain
inlet
protection
reduces
sediment
entering
storm
drainage
systems
prior
to
permanent
stabilization
of
disturbed
areas.
Examples
include
a
sediment
filter
or
an
excavated
detention
area
around
a
storm
drain
inlet.
Rock
Outlet
Protection.
Rock
protection
placed
at
the
outlet
of
conduits
can
reduce
the
depth
and
velocity
of
water
so
the
flow
will
not
cause
downstream
erosion.
Other
Controls.
Examples
of
other
controls
include
temporary
sedimentation
basins,
sump
pits,
entrance
stabilization,
waterway
crossings
and
wind
breaks.

Small
and
Large
Construction
Activities
13
Fact
Sheet
2.
Storm
Water
Management
Measures
Storm
water
management
measures
are
usually
installed
before,
and
coincident
with,
completion
of
construction
activities.
The
measures
primarily
result
in
reductions
of
pollutants
in
storm
water
discharged
from
the
site
after
cessation
of
construction
activities.
Storm
water
management
may
also
be
needed
for
compliance
with
flood
control
requirements
(
that
may
be
unrelated
to
NPDES
requirements).

Construction
frequently
causes
significant
alterations
in
the
characteristics
of
the
affected
land.
One
such
change
is
an
increase
in
the
overall
imperviousness
of
the
site,
which
can
dramatically
affect
the
site's
flow
patterns.
An
increase
in
runoff
may
increase
the
amount
of
pollutants
carried
by
the
runoff.
In
addition,
some
activities
(
e.
g.,
automobile
travel
on
newly­
built
roads)
can
result
in
higher
pollutant
concentrations
in
runoff
compared
to
pre­
construction
levels.
Traditional
storm
water
management
controls
attempt
to
limit
increases
in
the
amount
of
runoff
and
pollution
discharged
from
land
impacted
by
construction.

Storm
water
management
measures
include,
but
are
not
limited
to,
on­
site
infiltration
of
runoff,
flow
attenuation
by
vegetation
or
natural
depressions,
outfall
velocity
dissipation
devices,
storm
water
retention
basins
and
artificial
wetlands,
and
storm
water
detention
structures.
For
many
sites,
a
combination
of
these
controls
may
be
appropriate.
A
summary
of
storm
water
management
controls
is
provided
below.
A
more
complete
description
of
storm
water
management
controls
is
found
in
`
Storm
Water
Management
for
Construction
Activities:
Developing
Pollution
Prevention
Plans
and
Best
Management
Practices,"
U.
S.
EPA,
1992,
and
"
A
Current
Assessment
of
Urban
Best
Management
Practices,"
Metropolitan
Washington
Council
of
Governments,
March
1992.
In
designing
storm
water
controls,
features
that
would
pose
a
safety
hazard
­
especially
for
children
­
should
be
avoided
and/
or
have
limited
public
access.

On­
Site
Infiltration.
Inducing
infiltration,
through
infiltration
trenches
or
basins,
can
reduce
the
volume
and
pollutant
loadings
of
storm
water
discharges
from
a
site.
Infiltration
measures
tend
to
mitigate
impacts
to
an
area's
natural
hydrologic
characteristics.
Properly
designed
and
installed
infiltration
constructs
can
reduce
peak
discharges,
facilitate
recharging
of
the
groundwater,
augment
low
flow
conditions
in
receiving
streams,
reduce
storm
water
discharge
volumes
and
pollutant
loads,
and
inhibit
downstream
erosion.

Infiltration
measures
are
particularly
effective
in
permeable
soils
and
where
the
water
table
and
bedrock
are
well
below
the
surface.
Infiltration
basins
can
also
double
as
sediment
basins
during
construction.
Infiltration
trenches
can
be
easily
incorporated
into
less
active
areas
of
a
development
and
are
appropriate
for
small
sites
and
in­
fill
developments.
However,
trenches
may
require
regular
maintenance
to
prevent
clogging,
particularly
where
grass
inlets
or
other
sedimentation
measures
are
not
used.
In
some
situations,
such
as
low
density
areas
of
parking
lots,
porous
pavement
can
provide
for
infiltration.

Flow
Attenuation
by
Vegetation
or
Natural
Depressions.
Flow
attenuation
caused
by
vegetation
or
natural
depressions
can
facilitate
pollutant
removal
and
infiltration
and
can
reduce
the
erosivity
of
runoff.
Use
of
vegetative
flow
attenuation
measures
can
protect
habitats
and
enhance
the
appearance
of
a
site.
These
measures
include
grass
swales
and
filter
strips
as
well
as
trees
that
are
either
preserved
or
planted
during
construction.

Given
their
limited
capacity
to
accept
large
volumes
of
runoff
(
and
the
concomitant
erosivity),
vegetative
controls
should
usually
be
used
in
combination
with
other
storm
water
devices.
Incorporating
check
dams
into
flow
paths
can
provide
additional
infiltration
and
flow
attenuation.
Grass
swales
are
typically
used
in
areas
such
as
low
or
medium
density
residential
development
and
highway
medians
as
an
alternative
to
curb
and
gutter
drainage
system.
In
general,
the
costs
of
vegetative
controls
are
less
than
for
other
storm
water
measures.

Outfall
Velocity
Dissipation
Devices.
Outfall
velocity
dissipation
devices
include
riprap
and
stone
or
concrete
flow
spreaders.
They
slow
the
flow
of
water
discharged
from
a
site
thereby
reducing
erosion.

Retention
Structures/
Artificial
Wetlands.
Retention
structures
are
ponds
and
artificial
wetlands
that
are
designed
to
maintain
a
permanent
pool
of
water.
Properly
installed
and
maintained
retention
structures
(
also
known
as
wet
ponds)
and
artificial
wetlands
can
achieve
a
high
removal
rate
of
sediment,
biochemical
oxygen
demand
(
BOD),
organic
nutrients
and
metals,
and
are
most
cost­
effective
when
used
to
control
runoff
from
larger,
intensively
developed
site.
These
constructs
rely
on
settling
and
biological
processes
to
remove
pollutants.
Retention
ponds
and
artificial
wetlands
can
also
become
wildlife
habitats,
recreation,
and
landscape
amenities,
and
increase
local
property
values.

While
the
Agency
believes
artificial
wetlands
can
be
one
of
the
most
effective
long­
term
storm
water
management
measures,
EPA
also
recognizes
the
potential
problems
to
which
wetlands
may
contribute
at
certain
sites.
This
could
be
the
case
at
airports
where
bird
populations
drawn
to
wetlands
proximate
to
runways/
taxiways
may
endanger
moving
aircraft.
EPA
recommends
that
structures
that
maintain
continuous
habitat
for
wildlife
not
be
Small
and
Large
Construction
Activities
14
Fact
Sheet
constructed
within
10,000
feet
of
a
public­
use
airport
serving
turbine­
powered
aircraft,
or
within
5,000
feet
of
a
public­
use
airport
serving
piston­
powered
aircraft.
EPA,
as
always,
stresses
public
safety
and
sound
engineering
judgement
in
the
implementation
of
any
storm
water
measure,
control
or
BMP.

Water
Quality
Detention
Structures.
Storm
water
detention
structures,
which
include
extended
detention
ponds,
control
the
rate
at
which
water
drains
after
a
storm
event.
Extended
detention
ponds
are
usually
designed
to
completely
drain
in
about
24
to
48
hours
and
to
remain
dry
at
other
times.
They
can
provide
pollutant
removal
efficiencies
similar
to
those
of
retention
pond.
Extended
detention
systems
are
typically
designed
to
provide
both
water
quality
and
water
quantity
(
flood
control)
benefits.

3.
Housekeeping
Best
Management
Practices
(
BMPs)
Pollutants
that
could
be
discharged
in
storm
water
from
construction
sites
because
of
poor
housekeeping
include
oil,
grease,
paints,
gasoline,
concrete
truck
wash
down,
raw
materials
used
in
the
manufacture
of
concrete
(
sand,
aggregate,
and
cement),
solvents,
litter,
debris
and
sanitary
wastes.
Construction
site
SWPPPs
should
address
the
following
to
prevent
the
discharge
of
pollutants:

 
Designate
and
control
areas
for
equipment
maintenance
and
repair;

 
Provide
waste
receptacles
at
convenient
locations
and
regular
collection
of
wastes;

 
Locate
equipment
wash
down
areas
on
site,
and
provide
appropriate
control
of
washwater
to
prevent
unauthorized
dry
weather
discharges
and
avoid
mixing
with
storm
water;

 
Provide
protected
storage
areas
for
chemicals,
paints,
solvents,
fertilizers,
and
other
potentially
toxic
materials;
and
 
Provide
adequately
maintained
sanitary
facilities.

V.
Summary
of
Permit
Conditions
This
section
has
been
written
in
an
informal
style
and
follows
the
structure
of
the
CGP,
but
does
not
reflect
verbatim
the
actual
language
used
in
the
permit.
It
is
intended
to
help
the
regulated
community
and
members
of
the
public
understand
the
intent
and
basis
of
the
actual
permit
language.
If
any
confusion
or
conflicts
exist
between
this
summary
and
the
actual
CGP
language,
the
permittee
must
comply
with
the
CGP
as
written.

1.
Coverage
Under
This
Permit
1.1
Introduction
This
Construction
General
Permit
(
CGP)
authorizes
storm
water
discharges
from
large
and
small
construction­
related
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).
EPA
is
also
making
this
permit
available,
consistent
with
40
CFR
§
122.26(
b)(
15(
ii)),
for
storm
water
discharges
from
any
other
construction
activity
designated
by
EPA
based
on
the
potential
for
contribution
to
a
violation
of
a
water
quality
standard
or
for
significant
contribution
of
pollutants
to
waters
of
the
United
States.
This
permit
expands
coverage
from
the
1998
CGP
that
provided
coverage
for
large
construction
sites
(
i.
e.,
those
disturbing
greater
than
5
acres)
to
include
both
small
and
large
construction
activities
(
i.
e.,
any
project
disturbing
greater
than
one
acre).

One
significant
change
from
the
1998
CGP
to
the
2003
CGP
is
that
EPA
now
presents
permit
language
in
a
more
reader­
friendly,
plain
language
format.
In
several
places
in
the
CGP,
EPA
has
replaced
the
terms
"
operator",
"
applicant",
and
"
permittee"
with
the
easier­
to­
understand
terms
of
"
you"
or
"
your."
As
such,
once
an
operator
requests
coverage
under
the
CGP,
the
CGP
is
worded
to
speak
directly
to
that
operator,
who
is
now
the
permittee.

Similar
to
the
1998
CGP,
the
goal
of
this
permit
is
to
reduce
or
eliminate
storm
water
pollution
from
construction
activity
through
development
and
implementation
of
an
appropriate
SWPPP.

1.2
Permit
Area
As
noted
above,
the
CGP
is
actually
a
compilation
of
numerous
identical
permits,
each
with
its
own
NPDES
permit
number.
Each
separate
CGP
is
individually
numbered
and
only
makes
available
coverage
to
construction
activities
in
the
permit's
designated
area
or
category
(
e.
g.,
State,
Federal
facility
within
a
State,
Indian
Country,

Small
and
Large
Construction
Activities
15
Fact
Sheet
etc.).
A
list
of
each
of
these
areas,
along
with
the
associated
NPDES
permit
number,
is
provided
in
Appendix
B
of
the
permit.
Each
permittee
will
be
assigned
a
tracking
number
associated
with
the
appropriate
NPDES
permit
number
when
his
or
her
Notice
of
Intent
(
NOI)
is
received
and
processed
by
EPA.

This
permit
modifies
the
area
of
available
coverage
from
the
February
1998
CGP
and
is
now
available
for
all
areas,
except
those
within
EPA
Region
4,
for
which
EPA
is
the
permitting
authority.
Specifically,
this
permit
includes
those
activities
previously
covered
by
the
EPA
Region
6
CGP
(
63
FR
36489,
July
6,
1998),
adds
Indian
Country
in
EPA
Region
5,
and
clarifies
those
oil
and
gas
related
activities
in
Oklahoma
for
which
EPA
remains
the
permitting
authority.
This
permit
excludes
those
areas
that
have
recently
been
authorized
to
administer
the
NPDES
Permitting
Program
(
i.
e.,
the
State
of
Maine
and
the
State
of
Arizona).
EPA
will
continue
to
be
the
permitting
authority
for
Indian
Lands
in
the
State
of
Arizona.

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.

1.3
Eligibility
This
section
of
the
permit
describes
those
requirements
that
are
a
pre­
condition
to
obtaining
coverage
under
the
CGP.
Specifically,
only
construction
activities
that
meet
the
eligibility
conditions
in
Subpart
1.3
can
be
covered
by
this
permit.
As
such,
if
an
operator
is
not
eligible
for
coverage
under
the
CGP,
but
files
an
NOI
requesting
coverage,
then
any
discharges
are
considered
to
be
unpermitted
and
in
violation
of
the
Clean
Water
Act.
However,
once
eligibility
has
been
attained,
if
the
operator
does
not
comply
with
the
requirements
of
the
CGP,
the
operator
may
be
in
violation
of
the
CGP
for
otherwise
eligible
discharges.

1.3.
A
Allowable
Storm
Water
Discharges.
This
permit
authorizes
all
discharges
of
storm
water
from
construction
activities
except
those
excluded
under
Limitations
on
Coverage
(
Subpart
1.3.
C)
in
the
CGP.
Coverage
under
the
CGP
is
authorized
for:

 
Storm
water
discharges
associated
with
construction
activities
from
either
large
or
small
construction
sites
(
including
storm
water
discharges
from
operators
disturbing
less
than
one
acre
that
are
part
of
a
larger
common
plan
of
development
or
sale
that,
combined,
disturbs
one
acre
or
more);

 
Storm
water
discharges
from
sites
disturbing
less
than
one
acre,
but
designated
by
EPA
as
needing
coverage
under
the
CGP;

 
Storm
water
discharges
from
construction
site
support
activities
given
that
these
support
activities
are
directly
related
to
the
construction
site
with
NPDES
CGP
coverage;
and
 
Any
discharge
authorized
by
a
different
NPDES
permit
commingled
with
discharges
authorized
by
this
permit.

As
noted
above,
activities
that
occur
on­
site
in
support
of
construction
activity
are
covered
under
the
CGP.
Specifically,
the
permit
authorizes
discharges
from
construction
support
activities
(
e.
g.,
concrete
or
asphalt
batch
plants,
equipment
staging
yards,
material
storage
areas,
etc.)
for
local
project(
s)
with
which
an
operator
is
currently
involved
(
e.
g.,
a
concrete
batch
plant
providing
concrete
to
several
different
highway
projects
in
the
same
county).
Authorization
of
this
discharge
is
contingent
upon
(
1)
the
support
activity
not
being
a
commercial
operation
serving
multiple,
unrelated
construction
projects
and
not
operating
beyond
the
completion
of
the
last
related
construction
project
it
serves;
and
(
2)
appropriate
controls
are
identified
in
the
SWPPP
for
the
discharges
from
the
support
activity
areas.

1.3.
B
Allowable
Non­
Storm
Water
Discharges.
This
permit
authorizes
certain
non­
storm
water
discharges
associated
with
construction
activity,
provided
that
the
non­
storm
water
component
is
in
compliance
with
Subpart
3.5
of
the
permit.
Specifically,
operators
are
required
to
identify
in
the
SWPPP
all
allowable
sources
of
non­
storm
water
discharges
and
must
identify
and
ensure
the
implementation
of
appropriate
pollution
prevention
measures
for
these
discharges.
The
operator
should
also
eliminate
or
reduce
these
discharges
to
the
extent
feasible.
Allowable
non­
storm
water
discharges
include
those
listed
in
Subpart
1.3.
B
of
the
CGP.
Two
additional
sources
have
been
added
since
the
1998
CGP.
Specifically,
the
permit
includes
uncontaminated
excavation
dewatering
and
landscape
irrigation.
These
two
sources
were
added
to
address
concerns
of
operators
that
certain
uncontaminated
site
discharges
were
not
covered
under
the
1998
CGP
and
may
need
coverage
under
an
additional
NPDES
permit.

Small
and
Large
Construction
Activities
16
Fact
Sheet
1.3.
C
Limitations
on
Coverage.
Not
all
storm
water
discharges
from
construction
sites
are
authorized
by
this
permit.
Specifically
excluded
are:

1.3.
C.
1
Post
Construction
Discharges.
Storm
water
discharges
originating
from
a
site
after
construction
activities
have
ceased,
the
site
has
achieved
final
stabilization,
and
a
Notice
of
Termination
has
been
submitted.
If
there
will
be
a
discharge
of
storm
water
associated
with
industrial
activity,
or
some
other
regulated
discharge
from
the
completed
project
(
e.
g.,
wastewater
from
a
newly­
constructed
chemical
plant),
coverage
under
another
permit(
s)
must
be
obtained
for
those
discharges.

1.3.
C.
2
Prohibition
on
Discharges
Mixed
With
Non­
Storm
Water.
Storm
water
discharges
that
are
mixed
with
non­
storm
water
sources,
other
than
those
identified
in
and
complying
with
the
permit.
Non­
storm
water
discharges
that
are
authorized
under
a
different
NPDES
permit
may
be
commingled
with
discharges
authorized
under
this
permit.

1.3.
C.
3
Discharges
Covered
by
Another
Permit.
Storm
water
discharges
associated
with
construction
activity
that
are
covered
under
an
individual
permit
or
discharges
required
to
be
covered
under
an
alternative
general
permit.

1.3.
C.
4
Attainment
of
Water
Quality
Standards.
Federal
regulations
at
40
CFR
§
122.4(
d)
provide
that
no
permit
may
be
issued
if
the
"
conditions
cannot
ensure
compliance
with
the
applicable
water
quality
requirements."
Unlike
individual
permits
that
include
requirements
tailored
to
site­
specific
considerations,
general
permits,
while
tailored
to
specific
industrial
processes
or
types
of
discharges
(
e.
g.
offshore
oil
and
gas
or
storm
water),
do
not
contain
site­
specific
requirements
that
address
the
water
quality
conditions
of
the
waters
receiving
the
discharge.
Therefore,
general
permits
rely
on
permittees
to
certify
that
they
meet
the
eligibility
conditions
and
implement
requirements
that
will
ensure
compliance
with
the
conditions
of
the
permit.
The
permit
requirements
are
intended
to
ensure
that
those
seeking
coverage
under
this
general
permit
select,
install,
implement,
and
maintain
BMPs
at
their
construction
site
that
will
be
adequate
and
sufficient
to
meet
water
quality
standards
for
all
pollutants
of
concern.

For
the
CGP,
eligibility
provisions
do
not
hinge
on
the
operator
making
a
determination
of
compliance
with
applicable
water
quality
standards.
Rather,
the
permit
limits
operators
from
obtaining
coverage
under
this
permit
if
EPA
makes
such
a
determination.
In
those
instances
when
EPA
does
make
such
a
determination,
EPA
may
require
the
operator
to
obtain
coverage
under
an
individual
permit
or
may
allow
coverage
under
the
CGP
provided
that
the
operator
includes
appropriate
controls
and
implementation
procedures
in
its
SWPPP.
As
is
required
in
Subpart
4.5
of
the
CGP,
operators
are
required
to
select,
install,
implement,
and
maintain
BMPs
that
minimize
pollutants
in
the
discharge.
Except
where
specifically
required
by
EPA
to
perform
additional
measures,
these
BMPs
will
be
considered
as
stringent
as
necessary
to
ensure
that
discharges
do
not
cause
or
contribute
to
an
excursion
above
any
applicable
state
water
quality
standard.
As
such,
EPA
expects
that
compliance
with
the
terms
of
the
general
permit
will
ensure
compliance
with
water
quality
standards.

1.3.
C.
5
Discharging
into
Receiving
Waters
With
an
EPA
Approved
or
Established
Total
Maximum
Daily
Load
(
TMDL)
Analysis.

A
Total
Maximum
Daily
Load
(
TMDL)
is
a
calculation
of
the
maximum
amount
of
a
pollutant
that
a
waterbody
can
receive
and
still
meet
water
quality
standards,
and
an
allocation
of
that
amount
to
the
pollutant's
sources.
Under
current
regulations
and
EPA
program
guidance
(
40
CFR
§
130.2
and
§
130.7),
states
establish
TMDLs
that
include
wasteload
allocations
from
point
sources,
and
load
allocations
from
non­
point
sources
and
natural
background
conditions.
Wasteload
allocations
are
defined
as
the
portion
of
a
receiving
water's
loading
capacity
that
is
allocated
to
point
sources
dischargers.
TMDLs
are
established
at
levels
necessary
to
attain
and
maintain
the
applicable
narrative
and
numerical
water
quality
standards
with
seasonal
variations
and
a
margin
of
safety
that
take
into
account
any
lack
of
knowledge
concerning
the
relationship
between
effluent
limitations
and
water
quality.
TMDLs
are
developed
on
a
pollutant­
and
waterbody­
specific
basis.
In
some
instances,
TMDLs
may
combine
multiple
pollutants
into
one
set
of
TMDL
documents;
however,
the
specific
TMDL
wasteload
and
load
allocations
are
to
be
pollutant­
specific.
States
are
responsible
for
establishing
TMDLs,
which
EPA
approves.
In
some
instances,
EPA
establishes
the
TMDLs.
Once
established
or
approved
by
EPA,
TMDLs
are
implemented
through
water
quality
management
plans
and
through
NDPES
permits.
NPDES
regulations,
at
40
CFR
§
122.44(
d)(
1)(
vii)(
B),
require
that
EPA
ensure
that
NPDES
permit
limits
are
consistent
with
the
assumptions
and
requirements
of
any
available
wasteload
allocation
pursuant
to
40
CFR
§
130.7.
Generally,
this
requires
EPA
to
ensure
that
NPDES
permits
incorporate
applicable
assumptions
and
requirements
detailed
in
TMDLs
approved
or
established
by
EPA.

Those
seeking
coverage
under
the
CGP
are
responsible
for
determining
whether
specific
conditions,
over
and
above
other
requirements
of
the
CGP,
have
been
identified
by
the
TMDL
authority
as
necessary
to
ensure
consistency
with
the
assumptions
and
requirements
of
TMDLs
approved
or
established
by
EPA.
There
may
be
Small
and
Large
Construction
Activities
17
Fact
Sheet
documents
accompanying
the
TMDL
(
e.
g.,
an
implementation
plan)
or
other
documents
that
indicate
the
TMDL
writer's
intent
to
allocate
a
load
for
an
individual
discharger
or
for
a
class
of
dischargers.
To
the
extent
such
documents
are
available,
the
operator
should
consider
these
materials
when
determining
whether
your
discharge
will
be
consistent
with
the
TMDL.
EPA
encourages
the
operator
to
contact
the
authority
that
established
the
TMDL
­­
in
most
cases,
the
states
­­
to
seek
clarification
if
significant
concerns
exists
over
whether
its
activity
will
be
consistent
with
a
TMDL,

Consistent
with
EPA
regulations
and
guidance,
the
CGP
requires
that
the
operator
determine
whether
an
EPA
approved
or
established
TMDL
exists
that
specifically
addresses
its
discharge
and
if
so,
take
necessary
actions
to
be
consistent
with
the
assumptions
and
requirements
of
that
approved
TMDL.
To
make
this
determination,
the
operator
will
need
to
(
1)
determine
the
waterbody
into
which
it
discharges,
(
2)
identify
if
there
is
an
approved
TMDL
for
that
waterbody,
(
3)
determine
if
that
TMDL
includes
specific
requirements
(
e.
g.,
wasteload
allocation
or
load
allocation)
applicable
to
its
construction
site,
and
(
4)
if
so
incorporate
those
requirements
into
the
SWPPP
and
implement
necessary
steps
to
comply
with
them.
EPA
generally
agrees
that
construction
activities
should
not
be
delayed
because
the
TMDL
authority
failed
to
specify
all
sources
of
loading
in
the
TMDL.
EPA
is
not
requiring
that
construction
activities
be
delayed
until
such
time
as
a
TMDL
can
be
revised.
EPA
has
utilized
a
framework
that
allows
the
construction
site
operator
to
obtain
clarification
from
the
TMDL
authority
on
discharge
provisions
that
would
allow
authorization
under
the
CGP.
EPA
established
a
website
at
www.
epa.
gov/
npdes/
stormwater/
cgp
that
includes
links
to
state
TMDL
information
and
contacts.
EPA
expects
that
permittees
can
access
that
website
and
identify
either
(
1)
the
steps
needed
to
be
consistent
with
the
assumptions
and
requirements
of
the
TMDL
or
(
2)
a
state
or
regional
contact
for
making
this
determination.
The
operator
may
access
that
site
or
contact
their
state
environmental
agency
or
EPA
region
directly
to
make
this
determination.
For
construction
activity
authorized
by
EPA
Region
8,
TMDL
information
and
contacts
are
available
at:
www.
epa.
gov/
region08/
water/
stormwater/
index.
html
.
For
more
information
on
EPA's
National
TMDL
program,
including
state
and
regional
contacts,
state
maps
showing
impaired
waterbodies,
and
example
TMDLs,
visit:
www.
epa.
gov/
owow/
tmdl
.

EPA
recognizes
that
TMDLs
vary
in
the
complexity
of
their
assumptions
and
quantification.
In
the
process
of
determining
whether
or
not
an
operator
is
consistent
with
the
TMDL,
the
state
or
regional
TMDL
contact
may
request
additional
information.
The
TMDL
may
include
details
regarding
recommended
implementation
activities
that
include
certain
narrative
provisions
such
as
implementation
of
specific
BMPs;
specified
inspection,
discharge
monitoring
or
characterization,
education,
tracking
or
reporting
requirements;
or
some
combination
of
these
or
other
conditions.
In
addition,
some
States
may
include
implementation
provisions
in
their
TMDLs,
although
EPA
regulations
do
not
require
this,
and
EPA
does
not
approve
or
disapprove
TMDLs
based
on
these
implementation
provisions.
However,
any
implementation
language
included
in
the
TMDL
that
applies
to
construction
general
permit
discharges
should
be
considered
part
of
the
TMDL
for
the
purposes
of
determining
consistency
of
the
SWPPP
with
the
TMDL.
Further,
EPA
is
clarifying
that
if
the
TMDL
includes
load
allocations
that
the
permitting
jurisdiction
later
determines
is
for
a
discharge
subject
to
this
permit,
then
the
load
allocation
is
considered
to
be
a
wasteload
allocation,
and
the
SWPPP
needs
to
demonstrate
consistency
with
any
specific
requirements
implementing
this
load
allocation.

As
described
in
the
permit,
EPA
will
begin
with
the
general
assumption
that
where
EPA
has
approved
a
TMDL
that
does
not
include
a
specific
allocation
for
storm
water
discharges,
or
where
the
TMDL
authority
clarifies
that
it
did
not
include
a
specific
allocation
for
storm
water
or
for
construction
activities,
adherence
to
a
SWPPP
that
meets
the
requirements
of
the
CGP
will
be
consistent
with
the
assumptions
and
requirements
of
such
TMDLs.
Inferring
that
the
TMDL
authority
did
not
intend
to
make
it
impossible
to
permit
storm
water
discharges
in
the
absence
of
any
discussion
on
this
topic
in
the
TMDL
is
reasonable
because
both
construction
activity
and
rainfall
are
so
ubiquitous
that
it
is
unlikely
that
a
policymaker
would
make
such
a
significant
decision
consciously
through
silence.
EPA
will
generally
assume
that
such
discharges
were
accounted
for
by
the
author
of
the
TMDL,
even
if
such
discharges
are
not
addressed
specifically.
Therefore,
in
the
situation
where
an
EPA
approved
or
established
TMDL
has
not
specified
a
wasteload
allocation
for
construction
storm
water
discharges,
but
has
not
specifically
excluded
these
discharges,
compliance
with
a
SWPPP
that
meets
the
requirements
of
the
CGP
will
generally
be
assumed
to
be
consistent
with
the
approved
TMDL.
Similarly,
where
an
EPA
approved
or
established
TMDL
has
specified
a
general
wasteload
allocation
for
construction
storm
water
discharges,
but
no
specific
requirements
for
individual
construction
sites
have
been
identified,
either
in
the
TMDL,
a
watershed
plan,
or
other
similar
document,
then
compliance
with
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.
In
selecting
this
approach,
EPA
is
trying
to
balance
the
need
to
include
permit
conditions
consistent
with
TMDLs
with
the
need
to
clearly
define
permittee
responsibilities.

Small
and
Large
Construction
Activities
18
Fact
Sheet
1.3.
C.
6
Endangered
and
Threatened
Species
and
Critical
Habitat
Protection.
Before
submitting
an
NOI,
the
operator
must
ensure
and
document
that
discharges
are
not
likely
to
jeopardize
the
continued
existence
of
any
Federally­
listed
endangered
or
threatened
species
or
result
in
the
adverse
modification
or
destruction
of
habitat
that
is
Federally­
designated
as
critical
under
the
Endangered
Species
Act
(
ESA).

The
U.
S.
Fish
and
Wildlife
Service
(
FWS)
and
National
Marine
Fisheries
Service
(
NMFS)
are
responsible
for
administration
of
the
ESA
and
as
such
are
responsible
for
maintaining
a
list
of
protected
species
and
critical
habitat.
Once
listed
as
endangered
or
threatened,
a
species
is
afforded
the
full
range
of
protections
available
under
the
ESA,
including
prohibitions
on
killing,
harming
or
otherwise
taking
a
species.
In
certain
instances,
FWS
or
NMFS
may
establish
a
critical
habitat
for
a
threatened
or
endangered
species
as
a
means
to
further
protect
those
species.
Critical
habitat
are
areas
determined
to
be
essential
for
the
conservation
of
a
species
and
may
not
necessarily
be
in
an
area
currently
occupied
by
the
species.
Some,
but
not
all,
listed
species
have
designated
critical
habitat.
Exact
locations
of
such
critical
habitat
are
provided
in
the
Services
regulations
at
50
CFR
Parts
17
and
226.

EPA
has
developed
a
four­
step
process
(
Appendix
C)
to
make
this
determination.
The
project
"
owner"
or
developer
performs
the
endangered
species
analysis
during
the
planning
stages
of
a
project
(
i.
e.,
before
construction
is
scheduled
to
begin).
By
design,
this
effort
should
not
have
to
be
repeated
by
the
contractors,
homebuilders,
utilities,
etc.,
whose
involvement
in
the
project
will
not
happen
until
later.
See
Appendix
C
of
the
permit
for
the
ESA
Review
Procedures
to
determine
eligibility
prior
to
submittal
of
the
NOI.
EPA
strongly
recommends
that
the
operator
follow
the
Appendix
C
procedures
at
the
earliest
possible
stage
to
ensure
that
measures
to
protect
listed
threatened
and
endangered
species
and
designated
critical
habitat
are
incorporated
early
in
the
planning
process.
At
a
minimum,
the
operator
must
document
fully
the
procedures
used
to
determine
eligibility
prior
to
submittal
of
the
NOI.

This
permit
provides
for
the
possibility
of
multiple
permittees
at
a
construction
site.
Operators
should
be
aware
that
in
many
cases
they
can
meet
the
CGP
eligibility
requirements
by
relying
on
another
operator's
certification
of
eligibility
as
specified
in
Criterion
F
under
Subpart
1.3.
C.
6
of
the
CGP.

By
certifying
eligibility
under
Criterion
F
of
Subpart
1.3.
C.
6,
the
operator
agrees
to
comply
with
any
measures
or
controls
upon
which
the
other
operator's
certification
under
Criterion
A,
B,
C,
D,
or
E
of
Subpart
1.3.
C.
6
was
based.
This
situation
will
typically
occur
where
a
developer
or
primary
contractor,
conducts
a
comprehensive
assessment
of
effects
on
listed
species
and
critical
habitat
for
the
entire
construction
project,
certifies
eligibility
under
Criterion
A,
B,
C,
D,
or
E
and
that
certification
is
relied
upon
by
other
operators
(
i.
e.,
contractors)
at
the
site.
However,
operators
that
consider
relying
on
another
operator's
certification
should
carefully
review
that
certification
and
any
supporting
information,
and
assess
whether
there
is
any
reason
to
believe
that
listed
species
or
designated
critical
habitat
not
considered
in
the
prior
certification
may
be
present
or
located
in
the
project
area
(
due,
for
example,
to
a
new
species
listing
or
critical
habitat
designation).
If
an
operator
does
not
believe
that
the
other
operator's
certification
provides
adequate
coverage
for
the
operator's
storm
water
discharges
and
storm
water
discharge­
related
activities
or
for
the
operator's
particular
project
area,
the
operator
must
provide
its
own
independent
certification
under
Criterion
A,
B,
C,
D,
or
E.

The
project
area
will
vary
with
the
size
and
structure
of
the
construction
activity,
the
nature
and
quantity
of
the
storm
water
discharges,
the
storm
water
discharge­
related
activities
and
the
type
of
receiving
water.
Given
the
number
of
construction
activities
potentially
covered
by
the
CGP,
no
specific
method
to
determine
whether
listed
species
may
be
located
in
the
project
area
is
required
for
coverage
under
the
CGP.

It
is
important
to
note
that
discussion
or
formal
or
informal
consultation
with
FWS
and/
or
NMFS
should
begin
prior
to
submission
of
a
permit
application
if
the
applicant
is
unclear
about
whether
he
or
she
can
satisfy
Appendix
C
without
FWS
and/
or
NMFS
input.

The
operator
also
has
an
independent
ESA
obligation
to
ensure
that
its
activities
do
not
result
in
any
prohibited
"
takes"
of
listed
species.
3
Many
of
the
measures
required
in
the
CGP
and
in
these
instructions
to
protect
species
may
also
assist
operators
in
ensuring
that
their
construction
activities
do
not
result
in
a
prohibited
take
of
species
in
violation
of
section
9
of
the
ESA.
Operators
who
plan
construction
activities
in
areas
that
harbor
endangered
and
threatened
species
are
advised
to
ensure
that
they
are
protected
from
potential
takings
liability
under
ESA
section
9
by
obtaining
either
an
ESA
section
10
permit
or
by
requesting
formal
consultation
under
ESA
section
7
(
as
described
in
more
detail
in
Step
Four
of
the
ESA
Review
Procedures
in
Appendix
C
of
the
CGP).
Operators
3
Section
9
of
the
ESA
prohibits
any
person
from
"
taking"
endangered
wildlife
(
e.
g.,
harassing
or
harming
it).
See
ESA
Sec
9;
16
U.
S.
C.
§
1538.
The
FWS
has
extended
generally
that
prohibition
to
threatened
wildlife
by
regulation
at
50
CFR
§
17.31.
This
prohibition
applies
generally
to
all
entities
including
private
individuals,
businesses,
and
governments.
Section
9(
a)(
2)
details
the
prohibited
acts
relating
to
endangered
plants,
which
primarily
apply
on
federal
lands
or
to
actions
prohibited
by
State
law.

Small
and
Large
Construction
Activities
19
Fact
Sheet
who
seek
protection
from
takings
liability
should
be
aware
that
it
is
possible
that
some
specific
construction
activities
may
be
too
unrelated
to
storm
water
discharges
to
be
afforded
incidental
take
coverage
through
an
ESA
section
7
consultation
that
is
performed
to
meet
the
eligibility
requirements
for
CGP
coverage.
In
such
instances,
operators
should
apply
for
an
ESA
section
10
permit.
Where
operators
are
not
sure
whether
to
pursue
a
section
10
permit
or
a
section
7
consultation
for
takings
protection,
they
should
confer
with
the
appropriate
FWS
or
NMFS
office.

EPA
received
concurrence
from
FWS
under
section
7
of
the
Endangered
Species
Act
on
the
construction
general
permit
in
a
letter
dated
June
4,
2003
and
received
concurrence
from
NMFS
in
a
letter
dated
June
20,
2003.
In
addition
to
ESA,
the
1996
amendments
to
the
Magnuson­
Stevens
Fishery
Conservation
and
Management
Act
set
forth
a
number
of
new
mandates
for
NMFS,
regional
fishery
management
councils,
and
Federal
agencies
to
identify
and
protect
important
marine
and
anadromous
fish
habitat.
Regional
fishery
management
councils,
with
assistance
from
NMFS,
are
required
to
delineate
Essential
Fish
Habitat
(
EFH).

The
Magnuson­
Stevens
Act
requires
that
Federal
agencies
consult
with
NMFS
on
all
actions
undertaken
by
the
agency,
including
permit
issuance,
which
may
adversely
affect
EFH.
Final
revised
regulations
addressing
such
consultations
were
promulgated
by
NMFS
on
January
17,
2002
(
67
Fed.
Reg.
2343).
The
term
"
adverse
effect"
is
defined
in
the
NMFS
regulations
at
50
CFR
§
600.910
as
any
impact
that
"
reduces
quality
and/
or
quantity
of
EFH",
and
may
include
"
direct
or
indirect
physical,
chemical
or
biological
alternations
of
the
waters
or
substrate
and
loss
of,
or
injury
to,
benthic
organisms,
prey
species
and
their
habitat
and
other
ecosystem
components."

This
permit
controls
storm
water
discharges
from
small
construction
activities
in
addition
to
continuing
to
cover
large
construction
activities.
As
noted
earlier,
the
permit
requires
the
development
and
implementation
of
a
SWPPP
to
control
pollutants
in
the
discharges.
This
SWPPP
must
protect
water
quality
in
the
affected
waters,
including
designated
aquatic
life
uses
in
those
waters.
Since
the
SWPPPs
adequately
protect
water
quality,
including
aquatic
life,
EPA
has
determined
that
the
permit
issuance
will
not
adversely
affect
EFH.
As
such,
in
accordance
with
50
CFR
§
600.920,
EPA
is
not
consulting
with
NMFS
concerning
this
action.

1.3.
C.
7
Historic
Properties.
[
Reserved]
Operators
are
reminded
that
they
must
comply
with
applicable
state,
tribal,
and
local
laws
concerning
the
protection
of
historic
properties
and
places.
EPA
is
continuing
discussions
with
the
Advisory
Council
on
Historic
Preservation
and
may
modify
the
CGP
at
a
later
date
based
on
those
discussions.

1.4
Waivers
for
Small
Construction
Activities.
Phase
II
extends
the
requirements
of
the
storm
water
program
from
construction
sites
disturbing
five
or
more
acres
(
large
construction)
to
sites
disturbing
between
one
and
five
acres
(
small
construction),
although
EPA
may
also
waive
small
construction
sites
that
do
not
have
adverse
water
quality
impacts.
To
receive
a
waiver,
the
operator
of
a
small
construction
activity
must
certify
to
a
low
predicted
rainfall
erosivity
or
lack
of
water
quality
impacts.
See
Part
VI
of
the
fact
sheet
for
more
information
on
waivers.

A
low
predicted
rainfall
erosivity
exists
during
the
period
of
construction
activity
resulting
in
a
period
when
the
value
of
the
rainfall
erosivity
factor
is
less
than
5.
If
the
construction
activity
extends
past
the
dates
specified
in
the
waiver
certification,
the
operator
must
recalculate
the
waiver
using
the
original
start
date
and
a
new
ending
date.
If
the
R­
Factor
is
still
under
5,
a
new
waiver
certification
form
must
be
submitted.
If
the
recalculated
R­
Factor
is
greater
than
5,
an
NOI
must
be
submitted
prior
to
the
end
of
the
waiver
period
for
the
operator
to
be
covered
by
the
permit.
Details
of
procedures
for
determining
eligibility
for
the
low
predicted
rainfall
erosivity
waiver
are
provided
in
Appendix
D.

A
determination
that
storm
water
controls
are
not
necessary
may
also
be
based
on
a
total
maximum
daily
load
(
TMDL)
approved
or
established
by
EPA
that
addresses
the
pollutant(
s)
of
concern
or,
for
non­
impaired
waters
that
do
not
require
TMDLs,
an
equivalent
analysis
that
determines
allocations
for
small
construction
sites
for
the
pollutant(
s)
of
concern
or
that
determines
that
such
allocations
are
not
needed
to
protect
water
quality
based
on
consideration
of
existing
in­
stream
concentrations,
expected
growth
in
pollutant
contributions
from
all
sources,
and
a
margin
of
safety.
The
operator
must
certify
that
the
construction
activity
and
the
drainage
area
are
addressed
by
the
TMDL
or
equivalent
analysis.
Details
of
procedures
for
determining
eligibility
for
these
waivers
are
provided
in
Appendix
D.

2.
Authorizations
for
Discharges
of
Storm
Water
From
Construction
Activity
Operators
of
construction
sites
greater
than
one
acre,
or
those
designated
by
EPA,
are
required
to
submit
Notices
of
Intent
(
NOI)
to
obtain
permit
coverage
(
40
CFR
§
122.28(
b)(
2)).
Submission
of
a
complete
and
accurate
NOI
eliminates
the
need
to
apply
for
an
individual
permit
for
a
regulated
discharge,
unless
EPA
specifically
notifies
the
discharger
that
an
individual
permit
application
must
be
submitted.

Small
and
Large
Construction
Activities
20
Fact
Sheet
Only
NOI
forms
provided
by
EPA
(
or
photocopies
thereof)
are
valid.
Applicants
must
be
aware
that
by
signing
and
dating
the
form
they
certify
that
they
understand
and
are
willing
to
comply
with
all
terms
and
conditions
of
the
NPDES
permit
for
which
they
have
applied,
namely
the
Construction
General
Permit.
These
conditions
include
those
found
in
Subpart
1.3
(
Permit
Eligibility)
of
the
permit.

It
is
acceptable
to
fill
in
information
that
will
be
the
same
for
every
project
(
e.
g.,
a
company's
name,
address)
and
make
copies
of
the
partially
completed
form
for
future
use;
however,
an
original
signature
is
required
to
be
included
on
each
form
submitted
to
EPA.
An
electronic
copy
of
the
NOI
form
is
available
on
EPA's
NPDES
website
at:
(
www.
epa.
gov/
npdes/
stormwater/
cgp
).

EPA
is
presently
in
the
process
of
developing
an
electronic
NOI
system
that
will
allow
you
to
complete
and
submit
your
NOI
to
EPA
electronically.
If
EPA
makes
that,
or
other
NOI
options
available,
you
may
take
advantage
of
those
options
to
satisfy
the
NOI
use
requirements.
Information
on
the
availability
of
that
system
is
found
at
www.
epa.
gov/
npdes/
stormwater/
cgp
.

Each
entity
considered
an
operator
of
large
or
small
construction
activity,
must
submit
an
NOI.
The
definition
of
"
operator"
and
the
existing
regulatory
definitions
of
"
owner
or
operator"
and
"
facility
or
activity"
have
been
included
in
the
permit.

EPA
believes
there
exist
situations
where
a
utility
company
installing
service
lines
meets
the
definition
of
operator
and
must
get
permit
coverage,
although
most
of
the
time
a
utility
would
be
considered
a
"
subcontractor"
(
i.
e.,
non­
permittee).
If
a
utility
company
is
constructing
a
project
for
itself
(
e.
g.,
main
transmission
line,
transformer
station)
it
must
obtain
permit
coverage.
Otherwise,
as
a
non­
permittee
working
at
construction
site,
EPA
encourages
utility
companies
(
as
it
does
any
subcontractor)
to
abide
by
the
site's
SWPPP
provisions
and
minimize
its
impacts
on
storm
water
controls.

2.1
Authorization
to
Discharge
Date
This
permit
is
considered
to
be
issued
on
the
date
it
is
noticed
in
the
Federal
Register
and
will
be
effective
for
five
years
from
that
date,
ending
at
midnight
on
the
anniversary
of
publication.
Operators
are
authorized
to
discharge
storm
water
from
construction
activities
under
the
terms
and
conditions
of
this
permit
after
submission
of
a
complete
and
accurate
NOI
to
EPA.
The
specific
date
of
your
authorization,
however,
is
dependent
upon
your
date
and
mode
of
submission.

A.
The
first
90
days
following
the
effective
date
of
the
CGP
is
the
period
during
which
ongoing
or
new
construction
operators
transition
to
coverage
under
the
new
permit.
There
will
be
a
7
day
waiting
period,
commencing
on
the
date
of
postmark
of
the
mailed
NOI
form,
after
which
discharges
associated
with
construction
activities
can
commence,
unless
otherwise
notified
as
per
Subpart
2.1.
C.
The
7­
day
waiting
period
provides
EPA,
FWS
and
NMFS
an
opportunity
to
evaluate
NOIs,
and
possibly
delay
authorization,
for
potential
permit
eligibility
concerns
(
see
Part
1.3),
as
part
of
a
commitment
to
increase
oversight
of
dischargers.

B.
For
NOIs
submitted
after
the
90­
day
transition
period
,
there
will
be
a
7­
day
waiting
period
(
see
Subpart
2.1.
A
of
this
fact
sheet),
commencing
on
the
date
the
NOI
is
posted
in
EPA's
NOI
database
(
signifying
a
complete
NOI
was
received
by
EPA),
unless
otherwise
notified
as
per
Subpart
2.1.
C.
By
this
time,
eNOI
submittal
will
be
available.
At
the
end
of
the
7­
day
review
period,
the
NOI
database
will
indicate
if
authorization
has
been
delayed.

Submitting
an
NOI
via
EPA's
electronic
filing
system
will
be
the
easiest
and
quickest
way
to
obtain
permit
coverage
because
the
system
will
automatically
process
the
information,
disallow
incomplete
submissions,
and
flag
certain
entries
as
possibly
incorrect.
Shortly
after
transmission
of
an
eNOI
to
EPA,
the
database
can
be
accessed
to
verify
receipt
and
posting
of
information.
The
7­
day
NOI
review
period
will
typically
begin
the
day
a
complete
eNOI
is
transmitted.
To
submit
eNOIs
and
access
the
NOI
database,
go
to
www.
epa.
gov/
npdes/
stormwater/
cgp.
When
using
eNOI
submittal,
EPA
will
not
separately
mail
you
a
notification
regarding
permit
status,
except
as
per
Subpart
2.1.
C.

After
the
initial
90­
day
permit
term,
for
NOIs
that
are
mailed
to
EPA,
the
7­
day
review
period
commences
only
after
EPA
manually
inputs
your
complete
and
accurate
NOI
information
into
the
NOI
database.
While
EPA
will
attempt
to
post
NOIs
in
the
database
as
timely
as
possible,
the
Agency
cannot
provide
a
set
turn­
around
time
for
doing
so,
due
to
the
unpredictable
nature
of
the
mail
and
the
varying
volume
of
forms
submitted.
An
incomplete
NOI
will
require
EPA
to
mail
a
notification
of
incompleteness
and
will
cause
further
delay.
As
with
previous
permits,
a
letter
will
be
sent
to
the
operator
acknowledging
receipt
of
a
complete
NOI
and
the
date
of
posting
in
the
database.
Seven
days
following
the
date
the
NOI
was
posted
in
the
database,
NOI
status
can
Small
and
Large
Construction
Activities
21
Fact
Sheet
be
viewed
on­
line
(
the
preferred
way).
Authorization
status
can
also
be
obtained
from
the
EPA
Storm
Water
Notice
Processing
Center
via
email
(
epanoi@
ctgusa.
com
),
or
telephone
(
866­
352­
7755),
but
EPA
cannot
guarantee
a
timely
reply
due
to
potential
volume
of
inquiries.
In
lieu
of
this
time­
consuming
process,
EPA
recommends
use
of
eNOI
submittal
and
NOI
database
queries.

C.
During
the
7­
day
NOI
review
period
following
either
NOI
submittal
(
for
the
initial
90
days
of
the
permit),
or
NOI
posting
in
the
NOI
database
(
for
post
90
day
submittals),
EPA
may
notify
the
NOI
submitter
that
additional
action
must
be
taken
before
discharge
authorization
is
obtained,
based
on
concerns
regarding
eligibility
as
described
in
Subpart
1.3.
When
the
NOI
database
is
operational,
all
notifications
of
delays
will
be
posted
on
the
website
by
the
seventh
day,
and
will
be
followed
by
a
mailed
notification.
For
non­
eNOI
submissions,
EPA
will
attempt
to
contact
the
NOI
submitter
directly
with
information
about
delays
as
soon
as
possible
(
telephone,
fax,
email),
in
addition
to
the
database
posting,
but
it
is
the
submitter's
responsibility
to
ensure
that
authorization
has
been
granted.

Actions
to
be
taken
depend
on
the
nature
of
the
eligibility
concerns
(
e.
g.
water
quality,
impaired
receiving
waters,
endangered
species).
Additional
actions
may
include
a
request
to
review
the
SWPPP,
endangered
species
documentation
or
other
information;
the
need
for
consultation
with
FWS
or
NMFS;
a
requirement
to
make
revisions
to
the
SWPPP;
or
having
to
submit
an
application
for
an
individual
permit
as
per
Subpart
4.2.
For
sake
of
expediency
in
obtaining
coverage,
any
requests
should
be
complied
with
as
soon
as
possible.
When
so
notified
that
additional
actions
must
be
taken,
discharges
are
not
authorized
until
notified
of
such
by
EPA.

2.2
Notice
of
Intent
Contents
An
NOI
must
be
submitted
by
all
operators
seeking
authorization
for
storm
water
discharges
from
a
construction
site
under
the
CGP.
Those
required
to
obtain
an
individual
storm
water
permit
may
not
use
an
NOI,
but
must
instead
use
the
forms
as
described
in
Subpart
4.2
of
the
permit.

The
NOI
form
requires
the
following
information
(
instructions
are
on
the
NOI
form):

 
The
applicable
permit
number
for
which
coverage
is
being
requested.
This
is
the
number
from
Appendix
B
of
the
CGP
that
correlates
to
the
authorities
of
EPA
to
regulate
discharges
in
the
operator's
State.

 
The
operator's,
name,
address,
telephone
number
and
U.
S.
Internal
Revenue
Service
(
IRS)
Employer
Identification
Number
(
EIN).
Generally,
an
EIN,
also
known
as
the
taxpayer
ID
number,
is
required
for
all
persons
that
have
employees
or
operate
a
business
as
a
corporation
or
partnership.
More
details
are
available
from
the
IRS.

 
The
name
(
or
other
identifier),
address
(
description
of
location
if
street
address
is
unavailable),
county
or
similar
governmental
subdivision,
and
the
latitude/
longitude
of
the
construction
site
(
e.
g.,
"
Jackson
Acres
Subdivision,
123
South
St.,
Anyburg,
Our
County,
NH"
or
"
1
mile
south
of
Anyburg,
NH,
on
County
Road
No.
1;
Anyburg,
Our
County,
NH").
Help
with
finding
latitudes
and
longitudes
is
provided
in
the
instructions
to
the
NOI
form.
For
operators
with
multiple
projects,
purchase
of
a
portable
Global
Positioning
System
(
GPS)
unit
that
provides
read­
outs
of
the
latitude
and
longitude
may
be
useful.
GPS
units
designed
for
recreational
use
(
e.
g.,
boating,
hiking)
can
cost
less
than
$
100.

 
Whether
the
site
is
located
in
Indian
country,
and,
if
so,
the
name
of
the
Reservation
where
the
project
is
located.
For
lands
that
are
not
part
of
a
Reservation,
the
tribal
affiliation
is
not
required
to
be
provided.

 
Verification
that
the
SWPPP
has
been
prepared
in
advance
of
filing
the
NOI
and
the
location
of
where
the
plan
can
be
viewed.

 
The
name(
s)
of
the
water
of
the
United
States
to
which
construction
activities
discharge.
For
discharges
through
a
municipal
separate
storm
sewer
system
(
MS4),
the
NOI
must
include
the
name
of
the
water
to
which
the
MS4
discharges.

 
An
indication
whether
the
discharge
is
consistent
with
the
assumptions
and
requirements
of
applicable
EPA
established
or
approved
TMDLs
(
consistent
with
the
discussion
regarding
eligibility
provisions
for
Subpart
1.3.
C.
5).

 
An
estimate
of
project
start
date
and
completion
date
and
an
estimate
of
the
number
of
acres
(
to
the
nearest
quarter
acre)
of
the
site
on
which
soil
will
be
disturbed.
Note
that
the
project
start
and
end
dates
need
not
be
exact.
EPA
recognizes
that
many
factors,
often
beyond
the
permittee's
control,
contribute
to
whether
a
project
will
actually
start
or
end
on
the
estimated
dates.
The
end
date
should
be
when
final
Small
and
Large
Construction
Activities
22
Fact
Sheet
stabilization
is
expected
to
be
attained.
Acreage
may
be
determined
by
dividing
square
footage
by
43,560,
as
demonstrated
in
the
following
example:

Convert
100,000
ft2
to
acres:


Divide
100,000
ft2
by
43,560
square
feet
per
acre:


100,000
ft2
÷
43,560
ft2/
acre
=
2.30
acres.
Report
2.25
acres
on
the
NOI
Form.

 
Whether
any
listed
threatened
or
endangered
species
or
designated
critical
habitat,
described
in
more
detail
in
Appendix
C
of
the
permit,
are
in
proximity
to
the
construction
project
and
which
of
the
listed
criteria
enables
the
operator
to
claim
eligibility
for
permit
coverage
(
see
Appendix
C
for
instructions).

 
A
signature
block
is
provided
following
a
certification
statement
that
everything
on
the
NOI
form
is
correct.
Also,
the
NOI
must
include
the
name
and
title
of
the
authorized
representative
and
date
of
signature.
The
NOI
must
be
signed
and
certified
in
accordance
with
the
signatory
requirements
of
40
CFR
§
122.22.
A
complete
description
of
these
signatory
requirements
is
provided
in
Appendix
G
of
the
general
permit.

2.3
Submission
Deadlines
A.
Operators
of
new
projects
(
i.
e.,
construction
activity
commenced
after
the
effective
date
of
this
permit)
must
submit
the
NOI
form
at
least
seven
days
prior
to
commencement
of
construction
activities.
For
the
first
90
days
after
the
issuance
date
of
this
permit,
NOIs
must
be
submitted
at
least
seven
days
prior
to
commencement
of
construction
based
on
the
postmark
date.
For
NOIs
submit
after
the
first
90
days,
coverage
cannot
commence
until
seven
days
after
the
NOI
is
posted
on
EPA's
NOI
processing
website.
In
both
instances,
EPA
may,
including
upon
notice
from
FWS
or
NMFS,
delay
authorization
simply
by
notifying
the
operator
of
such
a
delay.
In
these
instances,
authorization
is
not
granted
until
the
operator
is
re­
notified
by
EPA
of
eligibility.

EPA
modified
the
submission
deadline
for
NOIs
from
two
days
in
advance
of
commencement
of
construction
activity
to
seven
days
prior
to
commencement
of
construction
activity
.
The
7­
day
waiting
period
provides
EPA,
FWS
and
NMFS
with
the
opportunity
to
scrutinize
NOIs
for
potential
permit
eligibility
concerns,
as
part
of
these
Agencies'
commitment
to
increase
oversight
of
dischargers.
Two
days
did
not
provide
time
to
review
these
submissions.
Operators
are
still
responsible
for
submitting
complete
and
accurate
NOIs
(
including
eligibility
of
permit
coverage)
and
are
not
authorized
if
the
NOI
is
incomplete
or
inaccurate.
An
informal
review
of
existing
state
NPDES
construction
general
permits
found
that
a
large
number
of
states
do
have
a
delay
established
in
the
NOI
review
process.
This
leads
EPA
to
believe
that
construction
activities
can,
in
fact,
operate
successfully
under
a
regulatory
review
process
that
will
delay
permit
coverage
by
a
period
of
seven
days
or
more.

During
the
7­
day
NOI
review
period
following
either
NOI
submittal
(
for
the
initial
90
days
of
the
permit),
or
NOI
information
posting
in
the
NOI
database
(
for
the
post
90­
day
submittals),
EPA
may
notify
an
applicant
that
some
additional
action
must
be
taken
before
discharge
authorization
is
obtained,
based
on
eligibility
concerns.
Actions
to
be
taken
depend
on
the
nature
of
the
concerns
(
e.
g.
water
quality,
impaired
receiving
waters,
endangered
species,
historic
property).
Additional
actions
may
include
a
request
to
review
an
applicant's
SWPPP,
endangered
species
documentation
or
other
information;
the
need
for
individual
consultation
with
FWS
or
NMFS;
making
revisions
to
the
SWPPP;
or
having
to
submit
an
application
for
an
individual
permit
as
per
Subpart
4.2.
For
sake
of
expediency
in
obtaining
coverage,
the
applicant
should
comply
with
any
request
as
soon
as
possible.
When
notified
that
authorization
to
discharge
will
be
delayed,
an
applicant
cannot
discharge
until
given
explicit
notice
by
EPA
that
the
delay
has
been
lifted.

B.
EPA
is
allowing
operators
of
construction
projects
that
received
authorization
under
one
of
the
1998
CGPs
90
days
after
the
effective
date
of
this
permit
to
submit
an
NOI
for
coverage
under
the
2003
CGP.
If
the
operator
is
eligible
to
submit
an
NOT
(
e.
g.,
the
construction
activities
are
completed
and
the
site
is
finally
stabilized)
within
90
days
after
the
effective
date
of
this
permit,
a
new
NOI
is
not
required
to
be
submitted
provided
that
the
NOT
is
submitted
consistent
with
the
requirements
of
the
1998
CGP.
In
addition,
the
2003
CGP
provides
these
existing
large
construction
operators
90
days
to
update
their
SWPPPs
as
necessary
to
comply
with
the
terms
of
the
2003
CGP.
These
operators
are
required
to
comply
with
the
terms
of
the
1998
CGP
during
this
90
day
period.

C.
EPA
is
requiring
operators
of
construction
projects
that
commenced
operation
prior
to
the
effective
date
of
this
permit
but
that
did
not
receive
authorization
to
discharge
under
the
1998
CGP,
to
prepare
and
comply
with
an
interim
SWPPP
consistent
with
the
applicable
requirements
of
the
1998
CGP.
Operators
of
these
ongoing
projects
are
required
to
submit
an
NOI
for
coverage
under
the
2003
CGP
no
later
than
90
days
after
the
Small
and
Large
Construction
Activities
23
Fact
Sheet
effective
date
of
this
permit.
In
addition,
the
2003
CGP
requires
these
operators
to
update
their
interim
SWPPP
prior
to
the
submission
of
the
NOI
such
that
the
SWPPP
is
consistent
with
the
2003
CGP
at
the
time
of
NOI
submission.
If
the
operator
is
eligible
to
submit
a
NOT
(
e.
g.,
construction
is
finished
and
final
stabilization
has
been
achieved)
prior
to
NOI
submission,
the
interim
SWPPP
is
not
required
to
be
updated.

The
Agency
anticipates
that
submitting
NOIs
via
EPA's
electronic
filing
system
will
be
the
easiest
and
quickest
way
to
obtain
permit
coverage
because
the
system
will
automatically
process
the
information,
disallow
incomplete
submissions,
and
may
flag
certain
entries
that
could
be
incorrect.
A
short
time
after
an
eNOI
is
transmitted
to
EPA,
applicants
can
access
the
database
to
see
if
their
NOI
was
received
and
the
information
was
properly
posted.
The
7­
day
NOI
review
period
(
explained
in
Subpart
A
above)
will
typically
begin
the
day
a
complete
NOI
is
transmitted.
To
submit
eNOIs
and
access
the
NOI
database,
go
to
www.
epa.
gov/
npdes/
stormwater/
cgp
.

For
those
choosing
to
submit
NOIs
by
mailing,
the
7­
day
evaluation
period
commences
after
EPA
receives
a
complete
and
accurate
NOI
form
and
the
information
is
manually
input
into
the
NOI
database.
While
EPA
will
strive
to
post
an
applicant's
NOI
information
in
the
database
as
timely
as
possible,
the
Agency
cannot
provide
a
set
turn­
around
time
for
doing
so,
owing
to
the
vagaries
of
mailing
and
possible
volume
of
forms
submitted.
An
incomplete
NOI
may
require
EPA
to
mail
a
notification
of
incompleteness.
Only
after
an
applicant's
complete
NOI
information
set
is
input
to
the
database
can
the
7­
day
review
period
commence.
As
with
previous
permits,
a
letter
will
be
sent
acknowledging
receipt
of
a
complete
NOI,
the
date
the
NOI
information
was
posted
in
the
database,
and
the
authorization
tracking
number.
In
lieu
of
this
time­
consuming
process,
EPA
recommends
applicants
avail
themselves
of
eNOI
submittal.

In
any
of
the
above
situations,
permit
coverage
may
be
delayed
past
the
7­
day
waiting
period
upon
notification
as
per
Subpart
2.4C.

D.
If
an
NOI
is
submitted
after
construction
activity
has
begun,
the
operator
is
authorized
for
discharges
consistent
with
the
authorization
to
discharge
and
submission
deadlines
detailed
in
Subparts
2.1
and
2.3
of
the
CGP
but
in
no
cases
less
than
seven
days
after
submission
of
a
complete
and
accurate
NOI
to
EPA.
The
Agency
may
seek
enforcement
action
for
any
unpermitted
discharges
or
permit
non­
compliance
that
occur
between
the
time
construction
begins
and
discharge
authorization.

2.4
Where
to
Submit
EPA
operates
a
Storm
Water
Notice
Processing
Center
that
handles
all
NOIs
and
NOTs
submitted
as
a
requirement
of
this
permit.
Complete
and
accurate
NOIs
and
NOTs
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
1201
Constitution
Avenue,
NW
Washington,
DC
20004
EPA
believes
with
the
advent
of
the
electronic
NOI
(
eNOI)
system,
expected
to
be
available
90
days
after
effective
date
of
this
permit,
mailing
hard
copies
of
NOI
forms
will
be
the
least
favored
method
to
acquire
permit
coverage.
With
the
eNOI
system,
all
complete
NOIs
submitted
will
be
automatically
input
into
an
NOI
database
which
can
be
accessed
by
any
interested
party.
Benefits
of
electronic
NOI
submittals
include
quicker
processing
of
applicant
information
and
the
capability
for
missing
or,
in
some
cases,
incorrect
entries
to
be
detected
more
quickly,
thereby
helping
to
prevent
non­
authorization
or
delays
in
authorization.
To
submit
eNOIs
and
access
the
NOI
database,
go
to
www.
epa.
gov/
npdes/
stormwater/
cgp
.

3.
Storm
Water
Pollution
Prevention
Plans
(
SWPPPs)

3.1
Storm
Water
Pollution
Prevention
Plan
Framework
The
SWPPP
focuses
on
two
major
requirements:
(
1)
Providing
a
site
description
that
identifies
sources
of
pollution
to
storm
water
discharges
associated
with
industrial
activity
on
site;
and
(
2)
identifying
and
implementing
appropriate
measures
to
reduce
pollutants
in
storm
water
discharges
to
ensure
compliance
with
the
terms
and
conditions
of
this
permit.
All
SWPPPs
must
be
developed
in
accordance
with
sound
engineering
practices
and
must
be
developed
specific
to
the
site.
Recognizing
that
much
of
the
plan
will
likely
be
very
similar
from
project
to
project,
EPA
recommends
use
of
model
plans
or
templates
that
can
be
easily
adapted
for
individual
projects
to
Small
and
Large
Construction
Activities
24
Fact
Sheet
minimize
the
burden
of
plan
preparation.
For
coverage
under
this
permit,
the
SWPPP
must
be
prepared
before
commencement
of
construction
and
then
updated
as
appropriate.

The
permit
also
clarifies
that
once
a
definable
area
of
the
site
has
been
finally
stabilized,
no
further
SWPPP
requirements
apply
to
that
portion
of
the
site
as
long
as
the
SWPPP
has
been
updated
accordingly
to
identify
that
portion
of
the
site
as
complete.
You
are
required
to
implement
the
SWPPP
during
construction
activity,
that
EPA
defines
as
from
commencement
of
construction
activity
until
final
stabilization.
EPA
defines
both
of
these
terms
in
Appendix
A
of
the
CGP.

3.2
Requirements
for
Different
Types
of
Operators
The
term
"
operator"
may
be
defined
as
one
with
operational
control
over
construction
plans
and
specifications
or
one
with
control
over
the
day­
to­
day
activities
of
the
site.
Operators
may
also
only
have
control
over
a
portion
of
a
larger
project
and
several
operators
are
then
responsible
for
separate
portions
of
the
entire
construction
project.

A.
Operators
with
Operational
Control
Over
Construction
Plans
and
Specifications.

If
an
operator
falls
within
this
category,
he
or
she
must
ensure
that
the
SWPPP
indicates
the
areas
of
the
project
where
operational
control
over
project
specifications,
including
the
ability
to
make
modifications
to
plans
and
specifications
occur.
The
operator
must
ensure
that
all
other
permittees
implementing
portions
of
the
SWPPP
impacted
by
any
changes
made
to
the
plan
are
notified
of
such
modifications
in
a
timely
manner
and
ensure
that
the
SWPPP
contains
the
appropriate
information
indicating
who
has
operational
control.

B.
Operators
with
Control
Over
Day­
to­
Day
Activities.

If
an
operator
is
responsible
for
the
day­
to­
day
operational
control
of
the
activities
at
a
project
site
necessary
to
ensure
compliance
with
the
SWPPP,
he
or
she
must
ensure
the
SWPPP
meets
the
minimum
requirements
of
Part
3
of
the
permit.
The
operator
must
also
identify
those
responsible
for
implementation
of
control
measures
required
in
the
SWPPP,
ensure
the
SWPPP
indicates
areas
of
the
project
where
operational
control
of
day­
to­
day
activities
are
maintained,
and
identify
the
parties
responsible
for
implementation
of
control
measures
identified
in
the
plan.

C.
Operators
with
Control
Over
a
Portion
of
a
Larger
Project
If
an
operator
is
responsible
for
only
a
portion
of
a
larger
construction
project
he
or
she
must
maintain
compliance
with
all
applicable
terms
and
conditions
of
this
general
permit
for
that
portion
of
the
project.
This
includes
protection
of
endangered
species
and
historic
properties
as
well
as
implementation
of
BMPs
and
controls
required
by
the
SWPPP.
Operators
have
the
option
of
developing
and
implementing
either
a
comprehensive
SWPPP,
that
covers
all
operators
at
the
construction
site,
or
an
individual
SWPPP,
covering
only
an
individual
operator's
portion
of
the
site
(
provided
reference
is
made
to
the
other
operators
of
the
site).
Operators
are
encouraged
to
develop
a
comprehensive
SWPPP
to
enhance
cost
sharing
and
coordination
of
BMPs.
If
operators
choose
to
develop
individual
plans,
cooperation
between
the
permittees
is
encouraged
to
ensure
storm
water
discharge
controls
are
consistent
between
the
sites.
Regardless
of
development
of
an
individual
or
comprehensive
SWPPP,
operators
must
ensure
that
individual
activities
do
not
negatively
impact
another
operator's
pollution
controls.

3.3
Pollution
Prevention
Plan
Contents:
Site
and
Activity
Description
A.
Identification
of
Operators.
The
SWPPP
must
identify
all
operators
of
the
project
site,
and
the
areas
of
the
site
over
which
each
operator
has
control.
This
information
should
identify
clearly
the
boundaries
of
each
operator's
responsibility.

B.
Site
Description.
The
SWPPP
must
be
based
on
an
accurate
assessment
of
the
potential
for
generating
and
discharging
pollutants
from
the
site.
Hence,
the
permit
requires
a
description
of
the
site
and
intended
construction
activities
in
the
SWPPP
(
to
provide
a
better
understanding
of
site
runoff
characteristics).
At
a
minimum,
the
SWPPP
must
describe
the
nature
of
the
construction
activity,
including:

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

 
The
intended
significant
activities,
presented
sequentially,
that
disturb
soil
over
major
portions
of
the
site
(
e.
g.,
grubbing,
excavation,
grading);

 
Estimates
of
the
total
area
of
the
site
and
the
total
area
of
the
site
that
is
expected
to
be
disturbed
by
excavation,
grading
or
other
activities,
including
off­
site
borrow/
fill
areas.
It
may
be
preferable
to
separately
describe
portions
of
the
site
as
they
are
disturbed
at
different
stages
of
the
construction
process;
and
Small
and
Large
Construction
Activities
25
Fact
Sheet
 
A
general
location
map
able
to
identify
the
location
of
the
activity
and
the
waters
of
the
United
States
within
one
mile
of
the
activity.

C.
Legible
Site
Map.
The
SWPPP
must
contain
a
legible
site
map
indicating:
(
1)
Anticipated
drainage
patterns
and
slopes
after
major
grading
activities;
(
2)
areas
of
soil
disturbance
and
areas
that
will
not
be
disturbed;
(
3)
locations
of
major
structural
and
nonstructural
controls
identified
in
the
plan;
(
4)
locations
of
planned
stabilization
measures;
(
5)
off­
site
locations
of
equipment
storage,
material
storage,
waste
storage
and
borrow/
fill
areas;
(
6)
locations
of
surface
waters
(
including
wetlands);
and
(
7)
locations
of
discharge
points
to
surface
waters;
and
(
8)
if
applicable,
locations
where
final
stabilization
has
been
accomplished
and
no
further
construction­
phase
permit
requirements
apply.
Site
maps
should
also
include
other
major
features
and
potential
pollutant
sources,
such
as
locations
of
impervious
structures
and
soil
storage
piles.

D.
Other
Industrial
Activities.
The
SWPPP
must
provide
a
description
of
any
discharge
associated
with
industrial
activity
other
than
construction
(
including
storm
water
discharges
from
dedicated
asphalt
plants,
concrete
plants,
etc.)
and
the
location
of
that
activity
on
the
construction
site.

3.4
Pollution
Prevention
Plan
Contents:
Controls
to
Reduce
Pollutants
A.
The
SWPPP
must
describe
the
practices
that
will
be
used
to
reduce
the
pollutants
in
storm
water
discharges
from
the
site
and
assure
compliance
with
the
terms
and
conditions
of
the
permit.

The
SWPPP
must
describe
the
intended
sequence
of
major
storm
water
control
activities
and
when,
in
relation
to
the
construction
process,
they
will
be
implemented.
EPA
recognizes
that
many
factors
can
impact
the
actual
construction
schedule,
so
the
permittee
need
not
include
specific
dates
(
e.
g.
plan
could
say
install
silt
fence
for
area
"
A"
before
rough
grading,
rather
than
put
up
silt
fences
on
August
15).
Good
site
planning
and
preservation
of
mature
vegetation
are
imperative
for
controlling
pollution
in
storm
water
discharges
both
during
and
after
construction
activities.
Properly
staging
major
earth
disturbing
activities
can
also
dramatically
decrease
the
costs
of
sediment
and
erosion
controls.

B.
Stabilization
practices
are
critical
to
preventing
erosion.
The
SWPPP
must
include
a
description
of
interim
and
permanent
stabilization
practices,
including
a
schedule
of
their
implementation.
The
permittee
should
ensure
that
existing
vegetation
is
preserved
wherever
possible
and
that
disturbed
portions
of
the
site
are
stabilized
as
quickly
as
practicable.
Stabilization
practices
include
seeding
of
temporary
vegetation,
seeding
of
permanent
vegetation,
mulching,
geotextiles,
sod
stabilization,
vegetative
buffer
strips,
preservation
of
trees
and
mature
vegetative
buffer
strips,
and
other
appropriate
measures.
Temporary
stabilization
can
be
the
single
most
important
factor
in
reducing
erosion
at
construction
sites.

Stabilization
also
involves
preserving
and
protecting
selected
trees
on
the
site
prior
to
development.
Mature
trees
have
extensive
canopy
and
root
systems,
which
help
to
hold
soil
in
place.
Shade
trees
also
keep
soil
from
drying
rapidly
and
becoming
susceptible
to
erosion.
Measures
taken
to
protect
trees
can
vary
significantly,
from
simple
ones
such
as
installing
tree
armoring
and
fencing
around
the
drip
line,
to
more
complex
measures
such
as
building
retaining
walls
and
tree
wells.

C.
The
SWPPP
requires
that
specific
construction
dates
be
documented
and
maintained
as
a
way
for
the
construction
operator
as
well
as
EPA
to
determine
applicability
and
implementation
status
of
SWPPP
requirements.
Important
dates
include
when
major
grading
activities
occur,
when
construction
activities
temporarily
or
permanently
cease
on
a
portion
of
the
site,
and
when
stabilization
measures
are
initiated.

D.
The
SWPPP
must
include
a
description
of
structures
built
to
divert
flows
from
exposed
soils,
and
store
or
otherwise
limit
runoff
and
the
discharge
of
pollutants
from
exposed
areas
of
the
site.
Structural
controls
may
be
necessary
because
vegetative
controls
cannot
be
employed
where
soil
is
continually
disturbed
and
because
of
the
lag
time
before
vegetation
becomes
effective.
Options
for
such
controls
include
silt
fences,
earth
dikes,
drainage
swales,
check
dams,
subsurface
drains,
pipe
slope
drains,
level
spreaders,
storm
drain
inlet
protection,
rock
outlet
protection,
sediment
traps,
reinforced
soil
retaining
systems,
gabions
and
temporary
or
permanent
sediment
basins.
Placement
of
structural
controls
in
flood
plains
should
be
avoided.

E.
The
SWPPP
must
include
a
description
of
any
post­
construction
storm
water
management
measures.
This
permit,
however,
addresses
only
the
installation
of
these
measures;
not
the
ongoing
operation
and
maintenance
of
them
after
cessation
of
construction
activities
and
final
stabilization.
Permittees
are
responsible
only
for
the
installation
and
maintenance
of
storm
water
management
measures
until
final
stabilization
of
the
site.
When
selecting
storm
water
management
measures,
the
operator
should
consider
the
amount
of
required
maintenance
and
whether
there
will
be
adequate
resources
for
maintaining
them
over
the
longer
term.

Small
and
Large
Construction
Activities
26
Fact
Sheet
Some
discharges
of
pollutants
from
post­
construction
storm
water
management
structures
may
need
to
be
authorized
under
an
NPDES
permit
(
e.
g.,
the
construction
project
was
an
industrial
facility
in
a
sector
covered
by
the
NPDES
multi­
sector
general
permit).
The
owner/
operator
of
such
discharges
may
ask
EPA
if
this
requirement
applies
to
them.

Storm
water
management
measures
installed
during
the
construction
process
can
control
the
volume
and
velocity
of
runoff,
as
well
as
reduce
the
quantity
of
pollutants
discharged
post­
construction.
Reductions
in
peak
discharge
velocity
and
volume
can
reduce
pollutant
loads
as
well
as
diminish
physical
impacts
such
as
stream
bank
erosion
and
stream
bed
scour.
Storm
water
management
measures
that
mitigate
changes
to
pre­
development
runoff
characteristics
assist
in
protecting
and
maintaining
the
physical
and
biological
characteristics
of
receiving
streams
and
wetlands.

Structural
measures
should
be
installed
on
upland
areas
to
the
extent
feasible.
The
installation
of
such
measures
may
be
subject
to
section
404
of
the
CWA
if
they
will
be
located
in
wetlands
or
other
waters
of
the
United
States.

Options
for
storm
water
management
measures
that
should
be
evaluated
when
you
develop
plans
include:

 
On­
site
infiltration
of
precipitation;

 
Flow
attenuation
by
use
of
open
vegetated
swales
and
natural
depressions;

 
Storm
water
retention/
detention
structures
(
including
wet
ponds);
and
 
Sequential
systems
using
multiple
methods.

The
SWPPP
should
include
an
explanation
of
the
technical
basis
used
to
select
control
measures,
where
flows
exceed
pre­
development
levels.
This
explanation
should
address
how
a
number
of
factors
were
evaluated,
including
the
pollutant
removal
efficiencies
of
the
measures,
costs
of
the
measures,
site­
specific
factors
that
will
affect
the
utility
of
the
measures,
whether
the
measure
is
economically
achievable
at
a
particular
site
and
any
other
relevant
factors.

Although
not
a
limitation
or
performance
standard
in
the
permit,
EPA
anticipates
that
storm
water
management
measures
at
many
sites
will
be
able
to
achieve
removal
of
at
least
80
percent
of
total
suspended
solids.
A
number
of
storm
water
management
measures
can
be
used
to
achieve
this
level
of
control,
including:

 
Properly
designed
and
installed
wet
ponds;

 
Infiltration
trenches
and
basins;

 
Sand
filter
systems;

 
Manmade
storm
water
wetlands;
and
 
Multiple
pond
systems.

The
pollutant
removal
efficiencies
of
various
storm
water
management
measures
can
be
estimated
from
a
number
of
sources,
including
"
Storm
Water
Management
for
Construction
Activities:
Developing
Pollution
Prevention
Plans
and
Best
Management
Practices,"
U.
S.
EPA,
1992,
and
"
A
Current
Assessment
of
Urban
Best
Management
Practices"
prepared
for
U.
S.
EPA
by
Metropolitan
Washington
Council
of
Governments,
March
1992.
Additional
information
on
BMPs
is
available
from
EPA
in
an
on­
line
document
entitled,
"
National
Menu
of
Best
Management
Practices
for
Storm
Water
Phase
II"
and
found
on
the
Internet
at
www.
epa.
gov/
npdes/
menuofbmps/
menu.
htm
and
from
an
on­
line
database
entitled,
"
National
Stormwater
Best
Management
Practices
(
BMP)
Database"
sponsored
by
EPA
and
the
American
Society
of
Civil
Engineers
(
ASCE)
and
available
on
the
Internet
at
www.
bmpdatabase.
org
.

In
selecting
storm
water
management
measures,
the
permittee
should
consider
the
impacts
of
each
method
on
other
water
resources,
such
as
ground
water.
Although
SWPPPs
focus
primarily
on
storm
water
management
of
post­
construction
flow,
EPA
encourages
sites
to
avoid
creating
groundwater
pollution
problems.
For
example,
if
the
water
table
is
high
in
an
area
or
soils
are
especially
porous,
an
infiltration
pond
may
contaminate
the
groundwater
unless
special
preventive
measures
are
taken.
In
fact,
certain
storm
water
control
practices
may
meet
EPA's
definition
of
underground
injection,
triggering
responsibilities
under
the
Safe
Drinking
Water
Act,
as
codified
in
40
CFR
Parts
144­
146.
Storm
water
controls,
such
as
wet
ponds,
should
also
be
designed
to
have
minimal
safety
risks,
especially
to
children.

Small
and
Large
Construction
Activities
27
Fact
Sheet
F.
Other
controls
to
be
addressed
in
SWPPPs
for
construction
activities
are
for
compliance
with
the
requirement
that
solid
materials,
including
building
material
wastes,
not
be
discharged
at
the
site
except
as
authorized
by
a
section
404
permit.

G.
The
SWPPP
must
describe
measures
to
minimize
vehicular
tracking
of
soil
off­
site
to
paved
surfaces
and
the
generation
of
dust.
Dust
and
dirt­
tracking
can
be
minimized
by
measures
such
as
providing
gravel
or
paving
at
entrance/
exit
drive
paths,
parking
areas
and
unpaved
transit
ways
on
the
site
carrying
significant
amounts
of
traffic
(
for
example,
more
than
25
vehicles
per
day);
providing
entrance
wash
racks
or
stations
for
trucks;
and
performing
street
sweeping.

H.
The
SWPPP
must
also
contain
a
description
of
practices
to
reduce
pollutants
from
construction­
related
materials
which
are
stored
on
site,
including
a
description
of
said
construction
materials
(
with
updates
as
appropriate).
The
plan
should
include
a
description
of
pollutant
sources
from
areas
untouched
by
construction
and
a
description
of
controls
and
measures
which
will
be
implemented
in
those
areas.

I.
The
SWPPP
must
also
contain
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
appropriate
pollution
prevention
measures
for
each
of
the
eligible
non­
storm
water
components
of
the
discharge
covered
by
this
permit
when
combined
with
storm
water
discharges
associated
with
construction
activity.
The
eligible
non­
storm
water
discharges
are
discussed
in
section
V.
1.3.
B.
of
this
Fact
Sheet.

3.6
Maintenance
of
Controls
Erosion
and
sediment
controls
can
become
ineffective
if
they
are
damaged
or
not
properly
maintained.
The
SWPPP
requires
all
erosion
and
sediment
control
measures
to
be
maintained
in
effective
operating
condition.
If
site
inspections
identify
BMPs
that
are
not
operating
effectively,
maintenance
must
be
performed
before
the
next
storm
event
whenever
practicable.
If
maintenance
before
the
next
storm
event
is
impracticable,
maintenance
must
be
completed
as
soon
as
practicable.
The
permit
also
requires
that
the
operator
remove
sediment
from
sediment
traps
or
sedimentation
ponds
when
design
capacity
of
that
device
has
been
reduced
by
50
percent
or
more.

3.7
Documentation
of
Permit
Eligibility
Related
to
Endangered
Species
An
operator's
SWPPP
must
contain
documentation
of
permit
eligibility
regarding
the
protection
of
endangered
species
and
critical
habitat.
Documentation
must
include:

 
information
on
whether
federally­
listed
or
endangered
or
threatened
species
or
critical
habitat
are
located
near
the
site;

 
whether
such
species
or
habitat
may
be
adversely
affected
by
the
storm
water
discharges
or
related
activities
coming
from
the
site;

 
the
results
of
the
screening
determination
from
Appendix
C
of
the
permit;

 
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;

 
any
correspondence
for
any
stage
of
project
planning
between
the
operator
and
FWS,
EPA,
or
NMFS
regarding
listed
species
and
critical
habitat,
including
any
notification
that
delays
authorization
to
discharge;
and
 
a
description
of
any
measures
necessary
to
protect
endangered
or
threatened
species
or
critical
habitat.
Failure
to
implement
these
measures
will
result
in
ineligibility
of
coverage
under
this
permit.

3.8
Copy
of
Permit
Requirements
Copies
of
the
CGP,
the
signed
and
certified
NOI
submitted
to
EPA,
and
a
copy
of
the
letter
from
EPA's
Storm
Water
Notice
Processing
Center
indicating
that
a
complete
NOI
has
been
received
must
be
included
in
the
SWPPP.
This
condition
in
the
permit
is
intended
to
stress
the
importance
of
these
documents
for
operators
to
understanding
permit
responsibilities.

Small
and
Large
Construction
Activities
28
Fact
Sheet
3.9
Applicable
State,
Tribal,
or
Local
Programs
Many
states,
tribes,
municipalities
and
counties
have
developed
sediment
and
erosion
control
requirements
for
construction
activities.
A
significant
number
have
also
developed
storm
water
management
requirements.
The
CGP
requires
that
SWPPPs
for
sites
that
discharge
storm
water
associated
with
construction
activities
be
consistent
with
procedures
and
requirements
of
state/
tribal
and
local
sediment
and
erosion
control
plans
and
storm
water
management
plans.
The
construction
site's
SWPPP
may
incorporate
portions
of
a
state,
tribe,
or
local
program's
pollution
prevention
plan
if
these
requirements
are
at
least
as
strict
as
the
CGP.
If
a
construction
site
is
located
in
an
area
covered
by
such
a
local
program,
then
compliance
with
various
aspects
of
the
local
program
would
constitute
compliance
with
these
aspects
of
the
CGP.

The
ability
to
reference
other
programs
in
the
SWPPP
is
intended
to
reduce
confusion
between
overlapping
and
similar
requirements,
while
still
providing
for
both
local
and
national
regulatory
coverage
of
the
construction
site.

3.10
Inspections
A.
Permittees
must
inspect
designated
areas
on
the
site
regularly.
For
purposes
of
this
part,
EPA
defines
"
regularly"
to
mean
either
(
1)
at
least
once
every
7
calendar
days
or
(
2)
at
least
once
every
14
calendar
days
and
within
24
hours
after
any
storm
event
of
0.5
inches
or
greater.
EPA
also
recommends
that
permittees
perform
a
"
walk
through"
inspection
of
the
construction
site
before
anticipated
storm
events
(
or
series
of
events
such
as
intermittent
showers
over
a
period
of
days)
that
could
potentially
yield
a
significant
amount
of
runoff.
Depending
on
local
rainfall
patterns,
it
is
possible
that
either
more
or
fewer
inspections
would
be
required
under
the
option
described
in
Subpart
3.10.
A.
1
as
compared
to
the
option
provided
in
Subpart
3.10.
A.
2.
In
exchange
for
committing
to
more
frequent
inspections,
the
operator
could
plan
and
budget
for
one
inspection
per
week
and
would
not
have
to
deal
with
uncertainties
associated
with
an
unknown
number
of
additional
inspections
triggered
by
rain
events
and
the
need
to
have
inspectors
on
standby.
This
flexibility
would
be
especially
valuable
for
unmanned
locations.
Proper
operation
and
maintenance
of
storm
water
BMPs
is
independently
required
by
Subpart
3.6
of
the
permit,
so
either
inspection
schedule
is
expected
to
provide
adequate
environmental
protection.

B.
For
sites
that
have
undergone
stabilization
(
temporary
or
final)
or
experience
seasonal
aridity
(
average
annual
rainfall
of
0
to
10
inches)
or
semi­
aridity
(
annual
rainfall
of
10
to
20
inches),
inspections
must
be
conducted
at
least
once
a
month.
Where
construction
activity
has
been
halted
due
to
frozen
conditions,
inspections
are
not
required
until
one
month
before
thawing
is
expected
(
i.
e.,
snowmelt
runoff
would
commence).

C.
In
areas
of
the
country
where
frozen
conditions
are
anticipated
to
continue
for
extended
periods
of
time
(
i.
e.,
more
than
one
month),
and
land
disturbance
activities
are
suspended
during
these
times,
Subpart
3.10.
A
and
3.10.
B
requirements
are
waived.
This
waiver
is
granted
until
one
month
before
thawing
conditions
are
expected
to
result
in
a
storm
water
discharge
from
the
site.
The
beginning
and
ending
dates
of
the
waiver
period
must
be
documented
in
the
SWPPP.

D.
Inspections
must
be
performed
by
qualified
personnel;
either
the
operator's
own
personnel
or
consultants
hired
to
perform
the
inspections.
The
inspectors
must
be
knowledgeable
and
possess
the
skills
to
assess
conditions
at
the
construction
site
that
could
impact
storm
water
quality
and
assess
the
effectiveness
of
sedimentation
and
erosion
control
measure
chosen
to
control
the
quality
of
the
sites
storm
water
discharges.
EPA
is
not
specifying
any
inspector
license
or
certification
requirements
at
this
time.

E.
Visual
inspections
must
comprise,
at
a
minimum:

 
Disturbed
areas;

 
Areas
used
for
storage
of
materials
exposed
to
precipitation;

 
Sediment
and
erosion
control
measures;
and
 
Locations
where
vehicles
enter
or
exit
the
site.

Where
discharge
points
are
accessible,
they
must
be
inspected
to
ascertain
whether
erosion
control
measures
are
effective
in
preventing
impacts
to
waters
of
the
U.
S.
This
can
be
done
by
inspecting
the
waters
for
evidence
of
erosion
or
sediment
introduction.
If
discharge
points
are
inaccessible,
the
permit
requires
that
nearby
downstream
locations
be
inspected,
if
practicable.

Inspectors
must
determine
whether
erosion
control
measures
are
effective
in
preventing
impacts
to
the
receiving
water
and
look
for
evidence
of
or
the
potential
for
pollutants
entering
the
drainage
system.

Small
and
Large
Construction
Activities
29
Fact
Sheet
F.
For
linear
construction
activities
(
e.
g.,
utility
line
installation,
pipeline
construction),
representative
inspections
are
acceptable
and
allow
for
inspection
of
the
project
0.25
miles
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
construction
site.
This
is
to
limit
additional
disturbance
to
soils
that
may
increase
the
erosion
potential
resulting
from
vehicles
compromising
stabilized
areas.

G.
Once
an
inspection
has
been
performed,
a
report
must
be
retained
with
the
SWPPP
for
up
to
three
years
after
the
permit
expires
or
is
terminated.
The
report
should
include:

 
The
inspection
date,

 
Name,
title,
and
qualifications
of
personnel
conducting
the
inspection,

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

 
Weather
information
and
a
description
of
any
discharges
occuring
at
the
time
of
the
inspection,

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

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

 
Location(
s)
of
BMPs
that
failed
to
operate
as
designed
or
proved
inadequate
for
a
particular
location;
and
 
Location(
s)
where
additional
BMPs
are
needed
that
did
not
exist
at
the
time
of
the
inspection.

The
report
must
also
identify
any
actions
taken
in
accordance
with
Part
3
SWPPP
requirements
and
must
identify
any
incidents
of
non­
compliance
with
permit
conditions.
If
no
incidents
of
non­
compliance
were
found,
the
report
must
contain
a
certification
that
the
site
is
in
compliance
with
the
SWPPP
and
this
permit.
Finally,
the
report
must
be
signed
in
accordance
with
the
signatory
requirements
in
section
11
of
Appendix
G
of
the
CGP.

3.11
Maintaining
an
Updated
Plan
Storm
water
pollution
prevention
plans
must
be
revised
whenever
a
change
in
design,
construction
method,
operation,
maintenance
procedure,
etc.,
may
cause
a
significant
effect
on
the
discharge
of
pollutants
to
surface
waters
or
municipal
separate
storm
sewer
systems.

The
plan
must
also
be
amended
if
inspections
or
investigations
by
site
staff,
or
by
local,
state,
tribal,
or
federal
officials
determine
that
the
discharges
are
ineffective
in
eliminating
or
significantly
minimizing
pollutants
in
storm
water
discharges
from
the
construction
site.

Also,
if
an
inspection
reveals
inadequacies,
the
site
description
and
pollution
prevention
measures
identified
in
the
SWPPP
must
be
revised.
All
necessary
modifications
to
the
SWPPP
must
be
made
within
seven
calendar
days
following
the
inspection.
If
existing
BMPs
need
to
be
modified
or
if
additional
BMPs
are
necessary,
implementation
must
be
completed
consistent
with
Subpart
3.6.
B
of
the
permit.
Specifically,
these
changes
must
be
completed
before
the
next
storm
event
whenever
practicable.
If
implementation
before
the
next
storm
event
is
impracticable,
this
situation
should
be
documented
in
the
SWPPP
and
the
changes
must
be
implemented
as
soon
as
practicable.

3.12
Signature,
Plan
Review,
and
Making
Plans
Available
A.
A
copy
of
the
SWPPP
must
be
kept
at
the
construction
site
from
the
date
of
project
initiation
to
the
date
of
final
stabilization.
Permittees
with
day­
to­
day
operational
control
over
the
plan's
implementation
must
keep
a
copy
of
the
plan
readily
available
whenever
they
are
on
site
(
a
central
location
accessible
by
all
on­
site
operators
is
sufficient).
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.
A
copy
of
the
SWPPP
must
be
readily
available
to
authorized
inspectors
during
normal
business
hours.

B.
A
notice
about
the
permit
and
SWPPP
must
be
posted
conspicuously
near
the
main
entrance
of
the
site.
If
display
near
the
main
entrance
is
infeasible,
the
notice
can
be
posted
in
a
local
public
building
such
as
the
town
hall
or
public
library.
For
linear
projects,
the
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).
The
permit
notice
must
include
the
following
information:

Small
and
Large
Construction
Activities
30
Fact
Sheet
 
A
copy
of
the
completed
Notice
of
Intent
as
submitted
to
EPA;
The
current
location
of
the
SWPPP
(
if
different
than
that
submitted
to
EPA
in
the
NOI)
 
 
The
current
contact
person
and
telephone
number
for
scheduling
times
to
view
the
SWPPP
(
if
different
than
that
submitted
to
EPA
in
the
NOI).

The
permit
does
not
require
that
the
general
public
have
access
to
the
construction
site
nor
does
it
require
that
copies
of
the
plan
be
available
or
mailed
to
members
of
the
public.
However,
EPA
strongly
encourages
permittees
to
provide
public
access
to
SWPPPs
at
reasonable
hours.
Upon
request,
EPA
intends
to
assist
members
of
the
public
in
obtaining
access
to
permitting
information,
including
SWPPPs.
EPA
believes
this
approach
will
create
a
balance
between
the
public's
need
for
information
on
projects
potentially
impacting
their
water
bodies
and
the
site
operator's
need
for
safe
and
unimpeded
work
conditions.

C.
Permittees
must
make
SWPPPs
available,
upon
request,
to
EPA,
state,
tribal
or
local
agencies
approving
sediment
and
erosion
plans,
grading
plans
or
storm
water
management
plans;
local
government
officials;
the
operator
of
a
MS4
receiving
discharges
from
the
site;
and
representatives
of
the
FWS
or
the
NMFS.
Also,
the
operator
must
make
SWPPPs
available
to
EPA
or
its
authorized
representative
for
review
and
copying
during
any
on­
site
inspection.

D.
The
SWPPP
must
be
signed
and
certified
in
accordance
with
the
signatory
requirements
in
the
Standard
Permit
Conditions
section
of
the
permit
(
Appendix
G).

3.13
Management
Practices
A.
Control
measures
must
be
properly
selected
and
installed
in
accordance
with
sound
engineering
practices
and
relevant
manufacturers
specifications.

B.
Off­
site
accumulations
of
sediment
must
be
regularly
removed
to
minimize
impacts.

C.
Litter,
construction
debris,
and
construction
chemicals
must
be
prevented
from
entering
a
receiving
water.

D.
It
is
imperative
that
stabilization
be
employed
as
soon
as
practicable
in
critical
areas.
The
CGP
requires
that,
except
in
three
situations,
stabilization
measures
must
be
instituted
on
disturbed
areas
as
soon
as
practicable,
but
no
more
than
14
days
after
construction
activity
has
temporarily
or
permanently
ceased
on
any
portion
of
the
site.
The
three
exceptions
to
this
requirement
are
the
following:

 
When
construction
activities
will
resume
on
a
portion
of
the
site
within
14
days
from
suspension
of
previous
construction
activities;

 
When
the
initiation
of
stabilization
measures
is
precluded
by
snow
cover
or
frozen
ground,
in
which
case
they
must
be
initiated
as
soon
as
practicable;
and
 
In
arid
areas
(
areas
with
an
average
annual
rainfall
of
0
to
10
inches),
semi­
arid
areas
(
10
to
20
inches)
and
areas
experiencing
droughts;
where
the
initiation
of
perennial
vegetative
stabilization
measures
is
precluded
by
seasonal
arid
conditions.
In
this
instance,
stabilization
measures
must
be
initiated
as
soon
as
practicable.

E.
A
combination
of
sediment
and
erosion
control
measures
should
be
used
to
achieve
maximum
pollutant
removal.

For
sites
with
more
than
10
disturbed
acres
at
a
time,
all
of
which
are
served
by
a
common
drainage
location,
a
sediment
basin
providing
3,600
cubic
feet
of
storage
per
acre
drained,
or
equivalent
control
measures
(
such
as
suitably­
sized
dry
wells
or
infiltration
structures),
must
be
provided
where
practicable
until
final
stabilization
of
the
site
has
been
accomplished.
In
lieu
of
the
default
3,600
cubic
feet/
acre,
the
permittee
can
calculate
the
basin
size
based
on
the
expected
runoff
volume
from
the
local
two­
year,
24­
hour
storm
event
and
local
runoff
coefficient.
Flows
from
off­
site
or
on­
site
areas
that
are
undisturbed
or
have
undergone
final
stabilization,
may
be
diverted
around
both
the
sediment
basin
and
the
disturbed
area.
These
diverted
flows
can
be
ignored
when
designing
the
sediment
basin.

For
the
drainage
locations
that
serve
more
than
10
disturbed
acres
at
a
time
and
where
a
sediment
basin
designed
according
to
the
above
guidelines
is
not
feasible,
smaller
sediment
basins
or
traps
should
be
used.
At
a
minimum,
silt
fences,
vegetative
buffer
strips
or
equivalent
sediment
controls
are
required
for
all
down­
slope
and
appropriate
mid­
slope
boundaries
of
the
construction
area.
Diversion
structures
should
be
used
on
upland
boundaries
of
disturbed
areas
to
prevent
run­
on
from
impacting
disturbed
areas.
EPA
does
not
intend
to
imply
that
silt
fences
or
vegetative
buffer
strips
on
down­
slope
boundaries
are
the
only
BMPs
that
need
to
Small
and
Large
Construction
Activities
31
Fact
Sheet
be
used
to
protect
water
quality.
EPA
encourages
the
use
of
a
combination
of
sediment
and
erosion
control
measures
in
order
to
achieve
maximum
pollutant
removal.

For
drainage
locations
serving
10
or
less
acres,
smaller
sediment
basins
or
sediment
traps
should
be
used
and,
at
a
minimum,
silt
fences
or
equivalent
sediment
controls
are
required
for
all
down
slope
and
appropriate
mid­
slope
boundaries
of
the
construction
area.
Alternatively,
the
permittee
may
install
a
sediment
basin
providing
storage
for
3,600
cubic
feet
(
or
the
alternative
calculated
volume)
of
storage
per
acre
drained.
Diversion
structures
should
be
installed
on
upland
boundaries
of
disturbed
areas
to
prevent
run­
on.
EPA
does
not
intend
to
imply
that
silt
fences
or
vegetative
buffer
strips
on
down­
slope
boundaries
are
the
only
BMPs
that
need
to
be
used
to
protect
water
quality.
EPA
encourages
the
use
of
a
combination
of
sediment
and
erosion
control
measures
in
order
to
achieve
maximum
pollutant
removal.

F.
Land
development
can
significantly
increase
storm
water
runoff
volume
and
peak
velocity
if
appropriate
storm
water
management
measures
are
not
implemented.
In
addition,
post­
development
storm
water
discharges
will
typically
contain
higher
levels
of
pollutants,
including
total
suspended
solids
(
TSS),
heavy
metals,
nutrients
and
high
oxygen­
demand
components.

The
evaluation
of
whether
the
pollutant
loadings
and
the
hydrologic
conditions
(
the
volume
of
discharge)
of
flows
exceed
pre­
development
levels
can
be
based
on
hydrologic
models
that
consider
conditions
such
as
the
natural
vegetation
endemic
to
the
area.

Increased
discharge
velocities
can
greatly
accelerate
erosion
near
the
outlet
of
structural
measures.
To
mitigate
these
effects,
velocity
dissipation
devices
should
be
placed
at
discharge
points
and
along
the
length
of
a
runoff
conveyance,
as
necessary,
to
provide
a
non­
erosive
flow.
Velocity
dissipation
devices
help
protect
a
water
body's
natural,
pre­
construction
physical
and
biological
uses
and
characteristics
(
e.
g.,
hydrologic
conditions
such
as
the
hydro
period
and
hydrodynamics).

3.14
Documentation
of
Permit
Eligibility
Related
to
Total
Maximum
Daily
Loads
Subpart
1.3.
C.
5
of
the
CGP
requires
that
operators
determine
if
any
discharges
from
the
site
are
consistent
with
the
assumptions
and
requirements
of
applicable
EPA
established
or
approved
TMDLs
for
the
receiving
water
into
which
they
discharge.
To
make
such
a
determination,
operators
can
access
EPA's
NPDES
website
at
www.
epa.
gov/
npdes/
stormwater/
cgp
or
contact
the
state
environmental
agency
directly.
Subpart
3.14
of
the
permit
requires
documentation
of
this
determination.

If
EPA
has
approved
or
established
a
TMDL
for
the
waterbody
into
which
you
discharge,
you
must
document
if
the
TMDL
requires
actions
on
your
part,
over
and
above
any
requirements
of
the
CGP,
necessary
to
be
consistent
with
the
assumptions
and
requirements
of
such
TMDL.
In
certain
instances,
the
TMDL
may
specifically
identify
each
discharger
contributing
(
or
that
will
be
contributing)
pollutants
to
the
receiving
stream
and
the
controls
that
are
necessary
for
each
discharger
to
meet
the
established
waste
load
allocation.
More
likely
for
construction
activities,
the
TMDL
will
identify
a
category
of
dischargers
(
e.
g.,
construction
activity
or
new
development)
and
will
identify
the
types
of
controls
necessary
to
meet
the
cumulative
waste
load
allocation
for
the
group
of
dischargers.
If
the
TMDL
specifically
identifies
measures
or
controls,
the
operator
must
incorporate
these
in
to
its
SWPPP.
If
specific
measures
or
controls
are
not
rquired
in
the
TMDL,
the
operator
should
document
this
in
the
SwPPP.
Operators
should
access
EPA's
website
at
www.
epa.
gov/
npdes/
stormwater/
cgp
to
find
CGP­
specific
TMDL
information
for
all
states
and
EPA
regions
covered
by
the
CGP.
This
approach
should
identify
any
BMPs
and/
or
other
controls
that
ensure
those
discharges
will
be
consistent
with
the
provisions
of
the
EPA
approved
or
established
TMDL.
The
operator
must
document
the
rationale
for
the
selected
approach.

4.
Special
Conditions,
Management
Practices
and
Other
Non­
numeric
Limitations
4.1
Continuation
of
the
Expired
General
Permit
The
permit
specifies
procedures
for
continued
coverage
under
a
general
permit
if
the
permit
expires
prior
to
a
replacement
permit
being
issued.
In
short,
the
expired
permit
would
remain
in
full
force
and
effect
in
accordance
with
the
Administrative
Procedures
Act.
Any
permittee
granted
coverage
prior
to
the
permit's
expiration
date
will
automatically
remain
covered
by
the
continued
permit
until
the
earliest
of:

 
The
permit
being
reissued
or
replaced;

 
The
permittee
terminating
coverage
by
submitting
a
Notice
of
Termination;

 
Issuance
of
an
individual
permit
for
the
permittee's
discharges;
or
Small
and
Large
Construction
Activities
32
Fact
Sheet
 
A
formal
decision
by
EPA
not
to
reissue
the
general
permit,
at
which
time
the
permittee
must
seek
coverage
under
an
alternative
general
permit
or
an
individual
permit.

However,
should
the
permit
expire
prior
to
a
replacement
permit
being
issued,
the
existing
permit
will
only
cover
those
operators
that
submitted
a
complete
and
accurate
NOI
and
met
all
the
eligibility
requirements
prior
to
the
expiration
date
of
the
permit.
New
construction
projects
requiring
permit
coverage
after
the
expiration
date
of
this
permit
are
not
eligible
for
coverage
until
a
replacement
permit
is
issued.

4.2
Requiring
an
Individual
Permit
or
an
Alternative
General
Permit
Based
upon
a
number
of
different
situations
(
e.
g.,
applicable
numeric
effluent
limitations
resulting
from
a
TMDL,
or
a
determination
that
the
operator
has
the
potential
to
cause
or
contribute
to
a
water
quality
standard
excursion),
EPA
may
determine
that
coverage
under
an
individual
permit
is
necessary.
If
a
permittee
is
currently
discharging
under
this
general
permit
and
EPA
determines
that
individual
coverage
is
required,
written
notification
of
this
required
change
in
permit
coverage,
including
reasoning
for
this
decision,
an
application
form,
and
a
deadline
for
filing
the
application,
will
be
provided
to
the
permittee
by
EPA.

Additionally,
any
permittee
may
apply
for
an
individual
permit
rather
than
apply
for
coverage
under
this
general
permit.
An
individual
application
must
be
submitted
for
coverage
under
such
a
permit
with
reasoning
supporting
the
request.
If
such
reasoning
is
considered
adequate
by
EPA,
the
request
will
be
granted
and
an
individual
permit
issued.
If
an
individual
permit
or
alternative
NPDES
permit
is
issued
to
the
permittee
currently
covered
under
this
general
permit,
coverage
under
the
general
permit
is
terminated
on
the
effective
date
of
the
new
permit.
Alternatively,
if
a
permittee,
currently
covered
under
the
general
permit,
seeks
coverage
under
an
individual
or
alternative
NPDES
permit
and
is
denied,
coverage
under
the
general
permit
is
terminated
on
the
date
of
such
denial,
unless
otherwise
specified
by
EPA.

4.3
Releases
in
Excess
of
Reportable
Quantities
The
construction
general
permit
requires
the
operator
to
prevent
the
discharge
of
hazardous
substances
or
oil
from
a
site
in
accordance
with
the
SWPPP.
Furthermore,
if
a
permitted
discharge
contains
a
hazardous
substance
or
oil
in
an
amount
equal
to
or
in
excess
of
a
reportable
quantity
established
under
40
CFR
110,
40
CFR
117,
or
40
CFR
302,
during
a
24­
hour
period,
the
National
Response
Center
(
NRC)
must
be
notified
(
dial
800­
424­
8802
or
202­
426­
2675
in
the
Washington,
DC
area).
Also,
within
14
calendar
days
of
knowledge
of
the
release,
the
SWPPP
must
be
modified
to
include
the
date
and
description
of
the
release,
the
circumstances
leading
to
the
release,
responses
to
be
employed
for
such
releases,
and
measures
to
prevent
the
reoccurrence
of
such
releases.
This
approach
is
necessary
because
of
statutory
requirements
that
make
a
clear
distinction
between
hazardous
substances
typically
found
in
storm
water
discharges
and
spilled
hazardous
substances
that
are
not
(
See
40
CFR
§
117.12(
d)(
2)(
i)).

4.4
Spills
Discharge
of
a
hazardous
substance
or
oil
caused
by
a
spill
(
e.
g.,
a
spill
of
oil
into
a
separate
storm
sewer)
are
not
authorized
by
this
permit.
The
construction
site
must
have
the
capacity
to
control,
contain,
and
remove
such
spills
if
they
are
to
occur.
Spills
in
excess
of
reportable
quantities,
as
described
in
Subpart
4.3,
must
still
be
reported
as
required
under
40
CFR
110.
Also
Section
311
of
the
CWA
and
certain
provisions
of
Sections
301
and
402
of
the
CWA
are
also
applicable.

4.5
Attainment
of
Water
Quality
Standards
After
Authorization
NPDES
regulations
at
40
CFR
§
122.44(
d)
state
that
permits
must
contain
conditions
to
achieve
water
quality
standards.
When
EPA
determines
a
discharge
will
cause
or
contribute
to
an
excursion
above
WQS,
including
failure
to
protect
and
maintain
existing
designated
uses
of
receiving
waters,
EPA
will
require
the
operator
to
take
one
of
three
actions:

Develop
a
supplemental
BMP
action
plan
describing
SWPPP
modifications
to
respond
to
the
identified
water
quality
concerns;
 

 

 
Submit
to
EPA
valid
and
verifiable
data
and
information
that
are
representative
of
ambient
conditions
and
indicate
that
the
receiving
water
is
attaining
WQS;
or
Cease
discharges
from
construction
activity
and
apply
for
an
individual
permit
according
to
Subpart
4.2
of
the
permit.

Small
and
Large
Construction
Activities
33
Fact
Sheet
If
a
supplemental
BMP
aciton
plan
is
required,
EPA
expects
the
operator
to
vigilantly
and
in­
good­
faith
follow
and
document
the
process
for
BMP
selection,
installation,
implementation
and
maintenance,
and
cooperate
to
eliminate
the
identified
problem
within
a
time
frame
stipulated
by
EPA.

EPA
does
not
typically
review
information
and
data
about
specific
discharges
prior
to
authorization
under
the
CGP.
Instead,
a
general
permittee
determines
whether
its
discharges
are
eligible
for
authorization
under
the
general
permit
and,
if
so,
certifies
to
that
determination
and
develops
a
SWPPP
according
to
requirements
in
the
general
permit.
The
permit
language
is
included
to
ensure
that
those
seeking
coverage
under
this
general
permit
select,
install,
implement,
and
maintain
BMPs
at
their
construction
site
that
will
be
adequate
and
sufficient
to
meet
water
quality
standards
for
all
pollutants
of
concern.
Based
on
EPA's
1996
Interim
Permitting
Approach
for
Water
Quality­
Based
Effluent
Limitations
in
Storm
Water
Permits
(
EPA
833­
D­
96­
001),
EPA
has
determined
that
BMPs,
when
properly
selected,
installed,
implemented,
and
maintained
do
provide
effluent
quality
that
can
meet
WQS.
However,
because
proper
selection,
installation,
implementation,
and
maintenance
are
so
critical
to
the
success
of
BMP
effectiveness,
simply
"
installing
BMPs"
at
a
construction
site
will
often
not
provide
adequate
water
quality
protection.
Therefore
the
CGP
requires
operators
to
select,
install,
implement,
and
maintain
BMPs
that
minimize
pollutants
in
the
discharge.
Unless
notified
otherwise
by
EPA,
compliance
with
this
requirement
will
be
assumed
to
be
as
stringent
as
necessary
to
ensure
that
discharges
do
not
cause
or
contribute
to
an
excursion
above
any
applicable
water
quality
standard.

5.
Termination
of
Coverage
Permittees
must
submit
a
completed
Notice
of
Termination
(
NOT)
that
is
signed
and
certified
according
to
Appendix
G,
Section
11
of
the
permit
when
one
or
more
of
the
conditions
contained
in
Subpart
5.1
of
the
permit
have
been
met.
NOTs
must
be
submitted
using
the
form
provided
by
EPA
(
found
in
Appendix
F
of
the
permit),
or
a
photocopy
thereof,
and
sent
to
the
address
specified
in
the
CGP.
NOTs
provide
EPA
with
a
useful
mechanism
to
track
the
status
of
projects
which
are
actively
covered
by
the
permit.

The
NOT
includes:

Your
NPDES
permit
tracking
number
for
the
storm
water
discharge;
 
 

 

 

 
Your
basis
for
submission
of
the
NOT,
including:
final
stabilization
has
been
achieved
on
all
portions
of
the
site
for
which
you
are
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;
Your
name,
address,
telephone
number
and
U.
S.
Internal
Revenue
Service
(
IRS)
Employer
Identification
Number
(
EIN);
The
name
of
the
project
and
street
address
(
or
a
description
of
location
if
no
street
address
is
available)
of
the
construction
site
for
which
the
notification
is
submitted;
and
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.

The
NPDES
permit
tracking
number
is
not
the
same
number
that
was
reported
on
the
NOI
form.
The
NOI
contains
the
NPDES
permit
number
as
identified
in
the
CGP
(
e.
g.,
NHR100000)
while
the
NPDES
permit
tracking
number
is
that
number
provided
by
the
EPA
Storm
Water
Notice
Processing
Center
acknowledging
receipt
of
a
complete
NOI.
The
permit
tracking
numbers
are
assigned
sequentially
as
NOIs
are
received
by
the
EPA
Storm
Water
Notice
Processing
Center
(
e.
g.,
NHR1000001,
NHR1000002,
etc).

The
NOI
also
requests
that
the
operator
provide
a
fax
number
and
an
E­
mail
address.
While
these
two
fields
are
not
required
to
be
completed,
EPA
anticipates
that
this
information
provides
the
most
efficient
means
for
corresponding
with
permittees.
Finally,
EPA
is
in
the
process
of
developing
an
electronic
NOT
system
that
will
allow
you
to
complete
and
submit
your
NOT
to
EPA
electronically.
If
EPA
makes
that,
or
other
NOT
options
available,
you
may
take
advantage
of
those
options
to
satisfy
the
NOT
use
requirements.
Information
on
the
availability
of
that
system
is
found
at
www.
epa.
gov/
npdes/
stormwater/
cgp
.

The
NOT
must
be
filed
within
30
days
after
cessation
of
construction
activities
and
final
stabilization
of
the
permittee's
portion
of
the
site
(
or
temporary
stabilization
for
residential
construction
where
a
homeowner
is
assuming
control
of
a
property).
You
must
submit
an
NOT
within
30
days
after
another
operator
assumes
your
liabilities.
That
new
operator
must
submit
an
NOI
for
coverage
consistent
with
Subpart
2.2.
D.
If
you
submit
and
are
covered
by
a
low
erosion
potential
or
TMDL
waiver,
continued
compliance
with
the
permit
is
not
necessary
nor
is
submittal
of
an
NOT.

Small
and
Large
Construction
Activities
34
Fact
Sheet
You
may
face
enforcement
action
if
an
NOT
is
submitted
without
meeting
one
of
the
requirements
in
Subpart
5.1
of
the
permit
unless
there
has
been
authorization
under
an
alternative
permit
or
a
waiver
for
coverage
under
this
permit
has
been
approved.

The
NOT
must
be
submitted
to
the
address
listed
in
Subpart
5.3
of
the
permit.

6.
Retention
of
Records
The
permit
requires
that
all
records
and
reports
required
by
the
CGP
be
retained,
including
SWPPPs
and
information
used
to
complete
the
NOI,
for
at
least
three
years
from
the
termination
of
coverage
or
expiration
of
the
permit.
This
period
may
be
extended
by
request
of
EPA.

7.
Re­
opener
Clause
This
permit
contains
a
re­
opener
clause
allowing
the
permit
to
be
re­
opened
and
modified
during
the
term
of
the
permit
consistent
with
the
Federal
regulations
at
40
CFR
§
122.62,
§
122.63,
§
122.64,
and
§
124.5.
Generally,
this
would
be
triggered
by
a
water
quality
concern,
a
change
in
NPDES
statutes,
or
to
incorporate
new
procedures
or
requirements
developed
by
the
EPA
regarding
such
things
as
endangered
and
threatened
species
and
critical
habitat
protection
(
e.
g.,
based
on
consultation
with
FWS
or
NMFS)
or
historic
preservation
requirements
to
provide
for
additional
consideration
of
effects
to
properties
either
listed
or
eligible
for
listing
in
the
National
Register
of
Historic
Places.
Indication
that
a
permittee
is
contributing
to
a
water
quality
concern
or
generally
not
fulfilling
his
or
her
obligations
under
this
permit,
may
result
in
a
review
of
the
permit
and
requirement
to
obtain
an
individual
permit
or
alternative
general
permit,
or
have
the
limitations
and/
or
requirements
under
this
permit
be
modified.

8.
Standard
Permit
Conditions
The
Federal
regulations
require
all
NPDES
permits
to
contain
the
standard
conditions
specified
at
40
CFR
§
122.41.
This
section
of
the
permit
references
those
conditions
in
Appendix
G
of
the
CGP.

9.
Permit
Conditions
Applicable
to
Specific
States,
Indian
Country
or
Territories
Section
401
of
the
CWA
(
See
also
40
CFR
§
122.44(
d)(
3))
and
§
124.53(
a))
provides
that
no
Federal
license
or
permit,
including
NPDES
permits,
to
conduct
any
activity
that
may
result
in
any
discharge
into
navigable
waters
shall
be
granted
until
the
State/
Tribe
in
which
the
discharge
originates
certifies
that
the
discharge
will
comply
with
the
applicable
provisions
of
sections
301,
302,
303,
306,
and
307
of
the
CWA.
The
section
401
certification
process
has
been
completed
for
this
permit.
Similarly,
the
Coastal
Zone
Management
Act
(
CZMA)
(
See
40
CFR
§
122.49(
d))
requires
that
all
Federal
licensing
and
permitting
actions
be
reviewed
for
consistency
with
each
approved
State
coastal
zone
management
plan.
This
permit
also
includes
the
results
of
that
effort.

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.

Permit
conditions
that
apply
only
to
construction
projects
located
in
a
specific
state,
Indian
country
or
other
area
are
in
Part
9
of
the
permit.
These
conditions
are
modifications
or
additions
to
analogous
conditions
in
Parts
1
through
8
of
the
CGP,
and
reflect
additional
requirements
arising
from
the
state
section
401
or
CZMA
certification
processes.

Small
and
Large
Construction
Activities
35
Fact
Sheet
VI.
Appendices
1.
Definitions
and
Acronyms
The
permit
contains
definitions
of
statutory,
regulatory
and
other
terms
important
for
understanding
the
permit
and
its
requirements.
Several
definitions
were
added
to
this
permit
that
were
not
included
in
the
1998
permit.
In
addition,
several
terms
that
were
defined
in
the
body
or
one
of
the
appendices
of
the
1998
permit
were
moved
to
the
definition
section.
New
terms
defined
in
this
permit
include:
eligible,
federal
facility,
Indian
country,
large
construction
activity,
municipal
separate
storm
sewer
system,
new
project,
ongoing
project,
project
area,
receiving
water,
site,
small
construction
activity,
storm
water
discharge­
related
activity,
and
total
maximum
daily
load.
Definitions
of
these
terms
were
added
for
clarity
of
permit
conditions.
The
permit
also
contains
a
list
of
acronyms
found
in
the
permit
which
aids
in
the
understanding
of
the
permit
and
its
requirements.

2.
Small
Construction
Waivers
and
Instructions
Regulations
for
Phase
II
of
the
NPDES
Storm
Water
Program
were
published
on
December
8,
1999
(
64
FR
68722).
Phase
II
was
in
response
to
the
Congressional
mandate
at
Clean
Water
Act
§
402(
p)(
6)
that
the
Agency
"...
shall
issue
regulations...
which
designate
storm
water
discharges...
to
be
regulated
to
protect
water
quality
and
...
establish
a
comprehensive
program
to
regulate
such
designated
sources."
Under
Phase
II,
EPA
designated
small
construction
projects
disturbing
at
least
one
but
less
than
five
acres,
but
by
providing
for
two
types
of
waivers
acknowledged
that
not
every
construction
project
in
the
1­
5
acre
range
would
pose
a
potential
threat
to
water
quality4.

EPA
adopted
two
types
of
waivers
within
the
definition
of
small
construction
at
40
CFR
§
122.26(
b)(
15).
The
Rainfall­
Erosivity
Waiver
at
40
CFR
§
122.26(
b)(
15)(
i)(
A)
is
based
on
the
"
R"
factor
from
the
Revised
Universal
Soil
Loss
Equation
(
RUSLE)
and
applies
to
projects
where
(
and
when)
negligible
rainfall/
runoff­
erosivity
is
expected.
The
Water
Quality
Waivers
at
40
CFR
§
122.26(
b)(
15)(
i)(
B)
are
essentially
based
on
an
analysis
that
storm
water
discharges
from
small
construction
activities
would
not
be
expected
to
cause
or
contribute
to
exceedances
of
WQS.
The
water
quality
waivers
anticipated
that
the
analysis
would
demonstrate
that
storm
water
controls
for
small
construction
were
not
needed
based
on
1)
a
Total
Maximum
Daily
Load
for
impaired
waters
or
2)
for
non­
impaired
waters
that
do
not
require
a
TMDL,
an
equivalent
analysis
that
either
determined
pollutant
load
allocations
for
small
construction
or
determined
that
such
load
allocations
were
not
necessary.

While
the
criteria
for
the
Rainfall­
Erosivity
Waiver
were
built
into
the
definition
of
"
storm
water
discharge
associated
with
small
construction
activity"
itself,
only
the
broad
outline
of
the
Water
Quality
Waivers
was
included
in
the
rule.
The
details
of
the
Water
Quality
Waivers
were
expected
to
be
included
in
a
water
quality
analysis
that
would
take
place
independently.
Information
on
use
of
the
waivers
is
presented
in
Appendix
D
of
the
CGP.

3.
Standard
Permit
Conditions
Duty
To
Comply
The
operator
must
comply
with
all
conditions
of
this
permit.
An
operator
not
fulfilling
his
or
her
obligations,
as
agreed
upon
by
signing
the
NOI,
is
considered
in
violation
of
the
Clean
Water
Act
and
is
grounds
for
injunctive
relief,
substantial
monetary
penalties,
incarceration,
changes
or
terminations
to
the
permit,
or
denial
of
permit
renewal.

Duty
to
Reapply
The
operator,
after
expiration
of
the
permit,
must
reapply
for
and
obtain
a
new
permit
to
continue
activities.
For
general
permit
coverage,
this
requires
the
operator
to
comply
with
the
terms
of
the
reissued
permit
regarding
follow­
on
permit
coverage.

Need
to
Halt
or
Reduce
Activity
Not
a
Defense
The
operator
may
not
use
as
a
defense
for
an
enforcement
action
the
reasoning
that
compliance
could
only
be
achieved
by
halting
or
reducing
the
permitted
activity.

4For
more
background
on
designation
of
small
construction
activity
and
available
waivers,
see
discussion
on
"
Discharges
Associated
with
Small
Construction
Activity"
starting
on
page
68771
of
the
December
8,
1999,
Federal
Register
(
64
FR
68771)

Small
and
Large
Construction
Activities
36
Fact
Sheet
Duty
to
Mitigate
The
operator
must
take
all
reasonable
steps
to
prevent
any
discharge
in
violation
of
this
permit
that
has
a
reasonable
likelihood
of
adversely
affecting
human
health
or
the
environment.

Proper
Operation
and
Maintenance
The
operator
must
properly
operate
and
maintain
all
equipment
and
treatment
systems
used
for
compliance
with
the
terms
of
the
permit.
This
includes
sediment
and
erosion
controls
installed
at
the
site
used
to
achieve
compliance
with
the
terms
of
the
permit
and
the
SWPPP.
The
operator
must
provide
appropriate
laboratory
controls
and
quality
assurance
procedures
as
necessary.
Backup
systems
are
required
when
needed
to
ensure
compliance.

Permit
Actions
The
permit
may
be
modified,
revoked
and
reissued,
or
terminated
for
cause.
Filing
of
a
request
for
a
permit
modification,
revocation,
reissuance,
termination,
or
a
notification
of
planned
changes
or
anticipated
noncompliance
does
not
halt
any
permit
condition.

Property
Rights
The
operator
does
not
convey
any
property
rights
or
privileges
through
issuance
of
this
permit
or
coverage
of
activity
under
this
permit.
Injury
to
private
property
or
invasion
of
personal
rights
are
also
not
authorized
under
this
permit
nor
any
infringement
of
Federal,
State,
or
local
laws
or
regulations.

Duty
to
Provide
Information
The
operator
must
transmit
any
information
needed
to
determine
compliance
with
the
permit
or
to
modify
the
permit.

Inspection
and
Entry
The
operator
must,
upon
presentation
of
valid
credentials
by
EPA
or
its
representative,
allow
entry
into
the
premises
where
the
regulated
activity
and/
or
records
are
present.
EPA
must
have
access
to
view
and
to
be
able
to
make
copies
of
any
required
records,
inspect
facilities,
practices,
operations,
and
equipment,
and
sample
or
monitor
at
reasonable
times.

Monitoring
and
Records
Samples
must
be
representative
of
the
monitored
activity.
Records
must
be
retained
for
3
years
subject
to
extension
by
EPA.
Monitoring
records
must
identify
the
sampling
dates
and
personnel,
the
sample
location
and
time,
the
analytical
techniques
used,
and
corresponding
results.
Wastewater
and
sludge
measurements
must
be
conducted
in
accordance
with
40
CFR
Parts
136
or
503
or
other
specified
procedures.
Falsification
of
results
is
a
violation.

Signatory
Requirements
Applications,
reports,
NOIs,
NOTs,
or
other
information
submitted
to
EPA
must
be
signed
and
certified
by
a
responsible
officer,
a
general
partner
or
proprietor
of
a
partnership,
or
a
principal
executive
officer
or
ranking
elected
official
for
a
municipality,
state,
federal,
or
other
public
agency.
Knowingly
making
false
statement,
representations,
or
certifications
is
subject
to
penalties.
Other
than
for
applications
and
NOIs,
these
reports
may
be
signed
by
a
duly
authorized
representative.
A
person
is
considered
a
duly
authorized
representative
only
if
the
authorization
is
made
in
writing
by
such
person
and
submitted
to
EPA.
A
duly
authorized
representative
may
be
either
a
named
individual
or
any
individual
occupying
a
named
position.
The
duly
authorized
representative
is
not
the
same
as
an
operator,
but
the
legally
bound
representative
of
the
operator.

Reporting
Requirements
 
Planned
changes.
Notice
must
be
given
to
EPA
as
soon
as
possible
of
any
planned
physical
alterations
and/
or
additions
to
the
site.
This
notice
is
required
if
the
site
changes
to
meet
the
criteria
for
a
new
source
or
the
nature
and
concentration
of
pollutants
are
affected.

 
Anticipated
noncompliance.
The
operator
must
give
advance
notice
of
any
conditions
that
may
result
in
noncompliance.

 
Permit
Transfers.
The
permit
is
not
transferable
except
after
written
notice
to
EPA.
EPA
may
require
modification
or
revocation
and
reissuance
as
necessary.

Small
and
Large
Construction
Activities
37
Fact
Sheet
Small
and
Large
Construction
Activities
38
 
Monitoring
reports.
Reports
must
be
submitted
on
a
DMR
or
on
an
EPA­
specified
form.
In
addition,
more
frequent
monitoring
must
be
reported.
Calculations
requiring
averaging
must
use
an
arithmetic
mean,
except
for
fecal
coliform.
Monitoring
results
must
be
reported
at
the
frequency
specified
in
the
permit.

 
Compliance
schedules.
Reports
required
by
a
compliance
schedule
in
the
permit
must
be
submitted
within
14
days
of
the
due
date.

 
Twenty­
four
hour
reporting.
The
operator
must
report
any
noncompliance
that
may
endanger
human
health
or
the
environment
within
24
hours
after
becoming
aware
of
the
circumstance.
Within
5
days,
you
must
provide
a
written
submission
containing
the
information
outlined
in
40
CFR
§
122.41(
l)(
6)(
ii)
unless
the
requirement
is
waived
by
EPA.

 
Other
noncompliance.
The
operator
must
report
all
instances
of
noncompliance
not
reported
under
other
specific
reporting
requirements
at
the
time
monitoring
reports
are
submitted.

 
Other
information.
Where
the
operator
becomes
aware
of
a
failure
to
submit
any
relevant
facts
in
a
permit
application,
or
submitted
incorrect
information
in
a
permit
application
or
in
any
report
to
EPA,
the
operator
must
promptly
submit
such
facts
or
information.

Bypass
Intentional
diversions
of
untreated
waste
streams
from
any
portion
of
a
treatment
facility
are
prohibited
unless
(
1)
the
bypass
does
not
cause
effluent
to
exceed
limits,
and
(
2)
the
bypass
was
unavoidable
to
prevent
loss
of
life,
personal
injury,
or
severe
property
damage,
and
there
was
no
feasible
alternative,
and
the
proper
notification
was
submitted.

Upset
An
upset
can
be
used
as
an
affirmative
defense
in
actions
brought
to
the
permittee
for
noncompliance.
The
operator
(
who
has
the
burden
of
proof)
must
have
operational
logs
or
other
evidence
that
shows
(
1)
when
the
upset
occurred
and
its
cause,
(
2)
that
the
facility
was
being
operated
properly,
(
3)
proper
notification
was
made,
and
(
4)
remedial
measures
were
taken.
