when is a stormwater permit required

If less than one acre remains of the original common plan, your individual project could be treated as part of a less than one-acre development and no permit would be required. The exemption at 122.26(c)(1)(iii) does not apply to CWA 404 permits. Permitting Business Hours: 8 a.m. - 4 p.m. (M-Th), 9:15 a.m. - 4 p.m. (F) 703-324-1780 TTY 711 Email Us 12055 Government Center Parkway Fairfax, VA 22035 PDF Developing Your Stormwater Pollution Prevention Plan: A Guide for Submit a Notice of Intent (NOI) 21 days prior to initiation of construction (45 days if within the Big Darby Creek or certain portions of the Olentangy River Watersheds) requesting coverage for your discharges under the general permit. EPA confirmed that cationic chemicals have been found to be acutely toxic to some species. For that reason, EPA has provided for site-specific authorization if a site intends to use cationic treatment chemicals during construction. In the 2017 EPA CGP, you can terminate permit coverage as soon final stabilization has been achieved on all areas not covered by permanent structures for which you had control over during construction, provided you have met the other requirements for terminating coverage. However, if no construction activities or construction support activities (as defined in Appendix A) have commenced due to an unforeseen delay, the inspection clock would begin only when you initiate construction activities. Yes. For sites that disturb more than 5 acres total over the course of a construction project, operators have the flexibility to choose between completing stabilization within a 14-calendar day timeframe if they limit disturbances to 5 acres or less at any one time, or within a 7-calendar day timeframe if they do not limit disturbances to 5 acres or less at any one time. A: After 10/01/03, a project will only be grandfathered if there are no detention requirements and the project connects to an existing storm sewer line (Trunk Line) sized to serve the development. that you have read, understood, and implemented the requirements of EPA's permit. EPA may take enforcement action for any unpermitted discharges that occur between the commencement of construction activities and discharge authorization.2Discharges are not authorized if you are NOI is incomplete or inaccurate or if you are not eligible for permit coverage. Restoring the original well pad to work over an existing oil or gas well is operation of a well and not construction. However, if portions of the common plan project that the operator described in the original NOI are eligible for termination, but other portions are still undergoing active construction or are yet to be started, then the operator must wait until all portions of the project that are permitted under that original NOI are completed before submitting the NOT. This permitting mechanism is designed to . EPAs current definition for qualified person is written broadly to allow flexibility for the multiple types of projects covered under the CGP. See CWA section 502 and 40 CFR 122.2 for complete definitions of point source. The agency said a new owner can apply to make amendments to the permit and wouldn't be required to reuse treated wastewater on the property. All NPDES Stormwater Industrial permits include a table that lists the parameters that an industrial facility is required to monitor and the benchmarks associated with each parameter. Although states may issue permit requirements that differ from EPAs, the Agency recognizes that many state-issued permits follow EPAs permit and content. Operators of sites that discharge to high quality waters (i.e., Tier 2, 2.5, or 3 waters) must also comply with the requirements for more rapid site stabilization and increased site inspections. . 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 could consider the "conceptual" phases of development to be separate common plans provided the periods of construction for the physically interconnected phases will not overlap. To determine if your construction site is in an area of drought, one approach you may follow is to follow the evaluation protocol listed below: Step 4: If the SPI indicates that the area is in severe, extreme or exceptional drought, and/or the U.S. Benchmarks are numerical action levels for pollutants that may be present in industrial stormwater. 2022 CGP Inspector Training Requirements Prior to February 17, 2023. For example, if your site is of Moderate sediment discharge risk and you are able to retain a 35-foot buffer, you must provide a double row of perimeter controls between the disturbed portion of your site and the surface water spaced a minimum of five (5) feet apart. Complete the installation of stabilization measures as soon as practicable, but no later than 7 calendar days after stabilization has been initiated. Sediment can also accumulate in rivers, lakes, and reservoirs, leading to the need for dredging or other mitigation to prevent reduced water storage or navigation capacity. 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 are no ongoing construction activities (i.e., all areas are either undisturbed or have been finally stabilized), you can re-evaluate your individual project based on the acreage remaining from the original common plan. See Appendix G in the permit for details about these compliance alternatives. or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) Note also that projects, which are required to obtain a stormwater maintenance permit per Chapter 19.1, may be required to redesign in compliance with the USWR to meet Chapter 19.1 requirements, notwithstanding SCP certification. For the purposes of the stabilization requirements in Part 2.2.14(a), limiting disturbances to 5 acres or less at any one time means that at no time during the project do the cumulative earth disturbances exceed 5 acres. Share sensitive information only on official, secure websites. Under the CGP, inspections are only required during a projects normal working hours. Prohibitions. These permits are: The Municipal Separate Storm Sewer System (MS4) General Permit: for most cities and towns in Massachusetts, to operate municipal stormwater systems. EPA recognizes that operators on small residential lots (i.e., lots being developed for residential purposes that will disturb less than one acre of land, but are part of a larger residential project that will ultimately disturb greater than or equal to one acre) that are constructing within the 50-foot buffer area may, due to limited technical resources, have difficulty determining the necessary supplemental erosion and sediment controls to provide the equivalent sediment removal function of a 50-foot buffer. Operators of these sources might be required to obtain an NPDES permit before they can discharge stormwater. The Stormwater Permitting Program: Complete and submit as part of your application for new applicants or major amendment applications received on or after November 1, 2022 No. Modifying business practices to qualify for no exposure not only eliminates the regulatory requirements of a stormwater permit, it is also beneficial to the environment in that it eliminates discharges from your operations. The requirements in the C&D rule include a suite of non-numeric effluent limitations that apply to all permitted construction sites. Operators requiring permit coverage include any party associated with a construction activity that meets either of the following two criteria: The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g., in most cases this is the owner of the site); or. If you have limitations regarding available computer access or computer capability. You are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or denied. Or, if you will be conducting new disturbances within the 50-foot buffer area, to comply with the permit you would only be required to compensate for the loss in buffer sediment removal function resulting from your projects new disturbances; you do not have to compensate for the preexisting development disturbances. A copy will be required to be submitted to EPA, if requested, pursuant to 40 CFR 122.22(c) and Appendix I, Section I.11.2.3 of the proposed 2017 EPA CGP. In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person . As a subcontractor, it is unlikely you would need a permit. Dischargers whose projects disturb one (1) or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General . PDF Stormwater Permitting for Oil- and Gas-Related Operations 8. Waivers from electronic reporting may be granted based on one of the following conditions: If your operational headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission; or. Complete the application form . For example, if you originally estimated less than 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 may have to go through the permit process mid-stream. Additionally, if any portion of the construction activity associated with one of these facilities no longer qualifies for the oil and gas exemption, the operator must obtain construction stormwater permit coverage for all subsequent discharges of pollutants to a water of the U.S. from the site. Planning, Permitting and Construction CONTACT INFORMATION: 8 a.m. - 4:30 p.m. . If operational control changes, the old operator must submit an NOT and the new operator must submit an NOI before taking over operational control. EPA found that where cationic chemicals are specifically addressed, the use of these chemicals is heavily conditioned. For the purpose of this discussion, permanent structure is used not only in the more traditional sense of buildings, but to refer also to other things built on the ground whose intended purpose would require it to remain in a non-vegetated condition after construction has ended (e.g., parking lots, roads, gravel equipment pads, sidewalks, runways). The non-numeric effluent limits include requirements for: Yes. SWPPPs, inspection reports, corrective action reports, and other permit documents can be signed by the person authorized to sign/certify the NOI (see Q&A above), or by a duly authorized representative of the person authorized to sign/certify the NOI, pursuant to 40 CFR 122.22(b) and Appendix I, Section I.11.2 of the 2017 EPA CGP. "Construction activity" also 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) nor activities under a state or federal reclamation program to return an abandoned facility property to an agricultural or open land use (as opposed to demolition of something in order to build something new).
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