HomeMy WebLinkAbout8807.DRAFT SWPPP(10.19.2022)
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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(DRAFT) Stormwater Pollution Prevention Plan (SWPPP)
(Note: Final SWPPP to be completed immediately prior to Construction)
For Construction Activities At:
Miracle Way - Faith Road Subdivision, off Route 6A
Yarmouth, MA
SWPPP Prepared For:
THE DAVENPORT COMPANIES
20 Main Street
S. Yarmouth, MA 02664
Phone #: 508-394-8800
SWPPP Prepared By:
J.M. O’REILLY & ASSOCIATES, INC.
1573 Main Street
Brewster, MA 02631
Phone #: 508-896-6601
Fax #: 508-896-6602
Email: rreedy@jmoreillyassoc.com
DRAFT SWPPP Preparation Date:
October 19, 2022
Estimated Project Dates:
(Site Disturbance to Site Stabilization)
Project Start Date: Unknown
Project Completion Date: Unknown
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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Contents
SECTION 1: CONTACT INFORMATION/RESPONSIBLE PARTIES .................................................................. 1
1.1 Operator(s) / Subcontractor(s) ................................................................................................. 1
1.2 Stormwater Team ....................................................................................................................... 2
SECTION 2: SITE EVALUATION, ASSESSMENT, AND PLANNING ................................................................ 3
2.1 Project/Site Information ............................................................................................................. 3
2.2 Discharge Information ............................................................................................................... 3
2.3 Nature of the Construction Activity .......................................................................................... 4
2.4 Sequence and Estimated Dates of Construction Activities .................................................. 5
2.5 Allowable Non-Stormwater Discharges ................................................................................... 6
2.6 Site Maps ..................................................................................................................................... 6
SECTION 3: DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS...................... 6
3.1 Endangered Species Protection ............................................................................................... 6
3.2 Historic Preservation ................................................................................................................... 8
3.3 Safe Drinking Water Act Underground Injection Control Requirements ............................. 8
SECTION 4: EROSION AND SEDIMENT CONTROLS ................................................................................... 12
4.1 Natural Buffers or Equivalent Sediment Controls .................................................................. 12
4.2 Perimeter Controls .................................................................................................................... 12
4.3 Sediment Track-Out.................................................................................................................. 13
4.4 Stockpiled Sediment or Soil ..................................................................................................... 13
4.5 Minimize Dust ............................................................................................................................. 13
4.6 Minimize the Disturbance of Steep Slopes ............................................................................ 14
4.7 Topsoil......................................................................................................................................... 14
4.8 Soil Compaction ....................................................................................................................... 14
4.9 Storm Drain Inlets ...................................................................................................................... 15
4.10 Constructed Stormwater Conveyance Channels ............................................................... 15
4.11 Sediment Basins ........................................................................................................................ 15
4.12 Chemical Treatment ................................................................................................................ 15
4.13 Dewatering Practices .............................................................................................................. 16
4.14 Other Stormwater Controls ...................................................................................................... 16
4.15 Site Stabilization ........................................................................................................................ 16
4.16 Long-term Maintenance of Steep Sloped Areas ................................................................. 17
SECTION 5: POLLUTION PREVENTION STANDARDS .................................................................................. 17
5.1 Potential Sources of Pollution .................................................................................................. 17
5.2 Spill Prevention and Response ................................................................................................ 17
5.3 Fueling and Maintenance of Equipment or Vehicles .......................................................... 18
5.4 Washing of Equipment and Vehicles ..................................................................................... 19
5.5 Storage, Handling, and Disposal of Construction Products, Materials, and Wastes ........ 19
5.6 Washing of Applicators and Containers used for Paint, Concrete or Other Materials ... 21
5.7 Fertilizers ..................................................................................................................................... 22
5.8 Other Pollution Prevention Practices ...................................................................................... 23
SECTION 6: INSPECTION AND CORRECTIVE ACTION.............................................................................. 24
6.1 Inspection Personnel and Procedures ................................................................................... 24
6.2 Corrective Action ..................................................................................................................... 28
6.3 Delegation of Authority ........................................................................................................... 29
SECTION 7: TRAINING ................................................................................................................................ 30
SECTION 8: CERTIFICATION AND NOTIFICATION .................................................................................... 27
SWPPP APPENDICES ................................................................................................................................... 32
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
1
SECTION 1: CONTACT INFORMATION/RESPONSIBLE PARTIES
1.1 Operator(s) / Subcontractor(s)
Operator(s):
THE DAVENPORT COMPANIES
20 Main Street
S. Yarmouth, MA 02664
Phone #: 508-394-8800
(SITE CONTRACTOR UNKNOWN, WILL INCLUDE INFO IN FINAL SWPPP)
Subcontractor(s):
Engineer/Surveyor
John O’Reilly, P.E., P.L.S.
J.M. O'REILLY & ASSOCIATES, INC
1573 Main Street 2nd Floor / P.O. Box 1773
Brewster, MA 02631
508-896-6601
508-896-6602 fax
joreilly@jmoreillyassoc.com
Emergency 24-Hour Contact:
THE DAVENPORT COMPANIES
20 Main Street
S. Yarmouth, MA 02664
(CONSTRUCTION MANAGER UNKNOWN, WILL INCLUDE INFO IN FINAL SWPPP)
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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1.2 Stormwater Team
Construction Site Operator: (UNKNOWN, WILL INCLUDE INFO IN FINAL SWPPP)
[CONTACT INFO]
[SITE OPERATOR] will be responsible for implementing the SWPPP: overseeing installation of any structural
stormwater controls, supervising and implementing good housekeeping programs such as site cleanup and
disposal of trash and debris, hazardous material management and disposal, vehicle and equipment
maintenance, implementing BMPs, overseeing any corrective actions needed. Also responsible for educating all
subcontractors on applicable elements of the SWPPP.
John O’Reilly, P.E., P.L.S., Civil Engineer & Land Surveyor
J.M. O’REILLY & ASSOCIATES, INC.
1573 Main Street
Brewster, MA 02631
508-896-6601
E-Mail: joreilly@jmoreillyassoc.com
J.M. O’REILLY & ASSOCIATES, INC. will be responsible for developing the SWPPP and documenting any changes
to the SWPPP.
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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SECTION 2: SITE EVALUATION, ASSESSMENT, AND PLANNING
2.1 Project/Site Information
Project Name and Address
Project/Site Name: Miracle Way - Faith Road Subdivision
Project Street/Location: Off Route 6A
City: Yarmouth
State: MA
ZIP Code: 02675
County or Similar Subdivision: Barnstable County
Project Latitude/Longitude
(Use one of three possible formats, and specify method)
Latitude: Longitude:
1. º ' _ '' N (degrees, minutes, seconds) 1. º ' '' W (degrees, minutes,
seconds)
2. _ _ º _ _ . _ _' N (degrees, minutes, decimal) 2. _ _ º _ _ . _ _' W (degrees, minutes,
decimal)
3. 41.7060 º N (decimal) 3. 70.2149º W (decimal)
Method for determining latitude/longitude:
USGS topographic map (specify scale: ) EPA Web site GPS
Other (please specify): Google Earth
Horizontal Reference Datum:
NAD 27 NAD 83 or WGS 84 Unknown
If you used a U.S.G.S topographic map, what was the scale? ____________________________
Additional Project Information
Is the project/site located on Indian country lands, or located on a property of religious or
cultural significance to an Indian tribe? Yes No
2.2 Discharge Information
Does your project/site discharge stormwater into a Municipal Separate Storm Sewer System
Stormwater Pollution Prevention Plan (SWPPP)
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EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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(MS4)? Yes No
Are there any surface waters that are located within 50 feet of your construction
disturbances?
Yes No
Table 1 – Names of Receiving Waters
The site will drain into the ground via infiltration. Groundwater in the vicinity of the site drains into Chase
Garden Creek-Barnstable Harbor Watershed and Bass River Watershed, per USGS Estuaries Project Bass
River MEP (Figure III-1).
Table 2 – Impaired Waters / TMDLs
Bass River Watershed is included on Massachusetts’ Draft 2018-2020 List of Impaired Waters. A report
titled ‘Bass River Estuarine System Total Maximum Daily Load for Total Nitrogen’ dated May 2017 is
published on the State website. Total TMDL for the region is 206 kgN/day.
Describe the method(s) you used to determine whether or not your project/site discharges to an
impaired water:
The above information was taken from Massachusetts Draft 2018-2020 List of Impaired Waters from the
Mass DEP website.
2.3 Nature of the Construction Activity
General Description of Project
This project will consist of clearing land, constructing a roadway, installing utilities, and the
construction of fourteen (14) single family dwellings.
Size of Construction Project
The disturbed portion of the site will be approximately 7.97 acres, while the remaining 4.84 acres
of land will be restricted as open space.
2.4 Sequence and Estimated Dates of Construction Activities
Estimated timeline of Construction activity and BMP descriptions
Before any site grading activities begin
Stormwater Pollution Prevention Plan (SWPPP)
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1. Install Erosion control Silt Fence (See Sections 4.1 & 4.2)
2. Construct stabilized construction exits (Section 4.3)
Site grading
1. Begin site clearing and grubbing operations
2. Begin overall site grading and topsoil stripping
3. Establish topsoil stockpile (Section 4.4)
Infrastructure – Foundations
1. Construct temporary concrete washout area (Section 5.6.1)
2. Begin construction of building foundations and capping
3. Remove temporary concrete washout area (Section 5.6.1)
Infrastructure – Utilities
1. Trenching and installation of various utilities (water, electric, etc.)
2. Install drainage structures
3. Road Installation
4. Implement stabilization procedures (Section 4.15)
Site stabilization
1. Remove all temporary control BMPs and stabilize any areas disturbed by their removal with erosion
controls
2. Prepare for final seeding and landscaping (Section 4.8 & 4.15)
3. Monitor stabilized areas until final stabilization is reached
2.5 Allowable Non-Stormwater Discharges
List of Allowable Non-Stormwater Discharges Present at the Site
Type of Allowable Non-Stormwater Discharge Likely to be Present at
Your Site?
Discharges from emergency fire-fighting activities YES NO
Fire hydrant flushings YES NO
Landscape irrigation YES NO
Waters used to wash vehicles and equipment YES NO
Water used to control dust YES NO
Potable water including uncontaminated water line flushings YES NO
Routine external building wash down YES NO
Pavement wash waters YES NO
Uncontaminated air conditioning or compressor condensate YES NO
Uncontaminated, non-turbid discharges of ground water or spring water YES NO
Foundation or footing drains YES NO
Construction dewatering water YES NO
Appropriate BMP’s shall be used to minimize the discharge of pollutants. Such control measures will be
strictly followed to ensure any impacts from non stormwater discharges are reduced or eliminated.
Appropriate BMPs are: N/A
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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2.6 Site Maps
See Appendix A
SECTION 3: DOCUMENTATION OF COMPLIANCE WITH OTHER FEDERAL REQUIREMENTS
3.1 Endangered Species Protection
Eligibility Criterion
Under which criterion listed in Appendix D are you eligible for coverage under this permit?
A B C D E
For reference purposes, the eligibility criteria listed in Appendix D are as follows:
Criterion A. No federally-listed threatened or endangered species or their designated critical
habitat(s) are likely to occur in your site’s “action area” as defined in Appendix A of this
permit.
Criterion B. The construction site’s discharges and discharge-related activities were already
addressed in another operator’s valid certification of eligibility for your action area
under eligibility Criterion A, C, D, E, or F and there is no reason to believe that federally-
listed species or federally-designated critical habitat not considered in the prior
certification may be present or located in the “action area”. To certify your eligibility
under this Criterion, there must be no lapse of NPDES permit coverage in the other
operator’s certification. By certifying eligibility under this Criterion, you agree to comply
with any effluent limitations or conditions upon which the other operator's certification
was based. You must include in your NOI the tracking number from the other operator’s
notification of authorization under this permit. If your certification is based on another
operator’s certification under Criterion C, you must provide EPA with the relevant
supporting information required of existing dischargers in Criterion C in your NOI form.
Criterion C. Federally-listed threatened or endangered species or their designated critical habitat(s)
are likely to occur in or near your site’s “action area,” and your site’s discharges and
discharge-related activities are not likely to adversely affect listed threatened or
endangered species or critical habitat. This determination may include consideration of
any stormwater controls and/or management practices you will adopt to ensure that
your discharges and discharge-related activities are not likely to adversely affect listed
species and critical habitat. To make this certification, you must include the following in
your NOI: 1) any federally listed species and/or designated habitat located in your
“action area”; and 2) the distance between your site and the listed species or
designated critical habitat (in miles). You must also include a copy of your site map with
your NOI.
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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Criterion D. Coordination between you and the Services has been concluded. The coordination
must have addressed the effects of your site’s discharges and discharge-related
activities on federally-listed threatened or endangered species and federally-
designated critical habitat, and must have resulted in a written concurrence from the
relevant Service(s) that your site’s discharges and discharge-related activities are not
likely to adversely affect listed species or critical habitat. You must include copies of the
correspondence between yourself and the Services in your SWPPP and your NOI.
Criterion E. Consultation between a Federal Agency and the U.S. Fish and Wildlife Service and/or
the National Marine Fisheries Service under section 7 of the ESA has been concluded.
The consultation must have addressed the effects of the construction site’s discharges
and discharge-related activities on federally-listed threatened or endangered species
and federally-designated critical habitat. The result of this consultation must be either:
i. a biological opinion that concludes that the action in question (taking into account
the effects of your site’s discharges and discharge-related activities) is not likely to
jeopardize the continued existence of listed species, nor the destruction or adverse
modification of critical habitat; or
ii. written concurrence from the applicable Service(s) with a finding that the site’s
discharges and discharge-related activities are not likely to adversely affect
federally-listed species or federally-designated habitat.
You must include copies of the correspondence between yourself and the Services in
your SWPPP and your NOI.
Criterion F. Your construction activities are authorized through the issuance of a permit under
section 10 of the ESA, and this authorization addresses the effects of the site’s discharges
and discharge-related activities on federally-listed species and federally-designated
critical habitat. You must include copies of the correspondence between yourself and
the Services in your SWPPP and your NOI.
Supporting Documentation
Provide documentation for the applicable eligibility criterion you select in Appendix D, as
follows:
Not applicable. Project site is not within an applicable mapped area.
3.2 Historic Preservation
Appendix E, Step 1
Do you plan on installing any of the following stormwater controls at your site? Check all that
apply below, and proceed to Appendix E, Step 2.
Dike
Berm
Catch Basin
Pond
Stormwater Pollution Prevention Plan (SWPPP)
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EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
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Stormwater Conveyance Channel (e.g., ditch, trench, perimeter drain, swale, etc.)
Culvert
Other type of ground-disturbing stormwater control: Drainage leaching facilities
Appendix E, Step 2
If you answered yes in Step 1, have prior surveys or evaluations conducted on the site already
determined that historic properties do not exist, or that prior disturbances at the site have
precluded the existence of historic properties? YES NO
Not applicable, site is vacant lot abutting residential areas.
3.3 Safe Drinking Water Act Underground Injection Control Requirements
Do you plan to install any of the following controls? Check all that apply below.
Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or dug
hole that is deeper than its widest surface dimension, or has a subsurface fluid
distribution system)
Commercially manufactured pre-cast or pre-built proprietary subsurface detention
vaults, chambers, or other devices designed to capture and infiltrate stormwater flow
Drywells, seepage pits, or improved sinkholes (if stormwater is directed to any bored,
drilled, driven shaft or dug hole that is deeper than its widest surface dimension, or has
a subsurface fluid distribution system)
Project is exempt from UIC registration requirement as the project proposes stormwater
infiltration that is for single unit (family) residential use only.
SECTION 4: EROSION AND SEDIMENT CONTROLS
4.1 Natural Buffers or Equivalent Sediment Controls
Buffer Compliance Alternatives
Instructions (see CGP Part 7.2.14.3):
― If you will use any of the identified controls in this section, include documentation of
contact between you and the applicable state agency or EPA Regional Office
responsible for implementing the requirements for underground injection wells in the
Safe Drinking Water Act and EPA’s implementing regulations at 40 CFR Parts 144-147.
― For state UIC program contacts, refer to the following EPA website:
http://water.epa.gov/type/groundwater/uic/whereyoulive.cfm.
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
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Are there any surface waters within 50 feet of your project’s earth disturbances? YES NO
4.2 Perimeter Controls
General
A Silt Fence Shall be installed as shown on the site plans prepared by J.M. O’REILLY & ASSOCIATES,
INC. Proposed catch basin rims shall have filter fabric installed under the rim after installation. Filter
fabric shall be cleaned of any sediment as needed. Sediment must be removed from the area of
the silt fence if it has accumulated to ½ of the above ground height.
Specific Perimeter Controls
Perimeter Control # 1
Perimeter Control Description
See Construction Plans for notes, details and location of silt fencing.
Installation
Prior to the start of construction.
Maintenance Requirements
Filter fabric (under catch basin rims) shall be cleaned of any sediment as needed. Sediment must
be removed from the area of the silt fence if it has accumulated to ½ of the above ground height.
4.3 Sediment Track-Out
General
Please see below for the controls that will be used to minimize the track-out of sediment onto off
site streets, other paved areas, and sidewalks from vehicles exiting the construction site.
Specific Track-Out Controls
Track-Out Control # 1
Track-Out Control Description
For any temporary vehicle exit/entrance location onto the site there shall be an aggregate apron
installed
The aggregate apron will be a min of 10’ wide and 10’ deep with a min thickness of 4”
(aggregate shall consist of ¾” – 1½” native stone
Maintenance Requirements
Where sediment has been tracked-out from the project site onto the surface of off-site streets
and/or other paved areas, you must remove the deposited sediment by the end of the same work
day in which the track-out occurs or by the end of the next work day if track-out occurs on a non-
work day. Track-out must be removed by sweeping, shoveling, or vacuuming these surfaces, or by
using other similarly effective means of sediment removal. You are prohibited from hosing or
sweeping tracked-out sediment into any stormwater conveyance (unless it is connected to a
sediment basin, sediment trap, or similarly effective control), storm drain inlet, or surface water.”)
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
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4.4 Stockpiled Sediment or Soil
General
Any stock piles or land clearing debris, associated with the construction of the road, shall comply
with the requirements of the NPDES Construction General Permit Parts 2.1.2.4 and 7.2.10
Specific Stockpile Controls
Material Stockpiles shall be located outside any natural buffers established as a requirement of this SWPPP
and physically separated from any stormwater controls. Stockpiles shall be protected from contact with
stormwater through the use of a temporary perimeter sediment barrier such as a silt fence or duck
wattles. Material stockpiles, where practicable, shall be covered or provided with temporary stabilization
to avoid direct contact with precipitation or to minimize discharge. Unless infeasible, Material Stockpiles
shall contained and securely protected from the wind. Material stockpiles will meet the requirements set
forth in the Town of Chatham Zoning Regulations.
4.5 Minimize Dust
General
The generation of dust shall be minimized by using dust suppression techniques, to the extent
feasible, in order to avoid pollutants from being discharged into surface waters.
Specific Dust Controls – If Dust becomes an issue and to the extent feasible
• Covering 30% or more of the soil surface with non-erodible material
• Roughening the soil to produce ridges perpendicular to the prevailing wind. Ridges should be
about six (6) inches in height
• Frequent watering of excavation and fill areas
• Providing gravel or paving at entrance/exit drives and parking areas
4.6 Minimize the Disturbance of Steep Slopes
General
Refer to Site Plan and bid specifications for erosion controls, slope stabilization and re-vegetation.
4.7 Topsoil
General
Topsoil stripped from the construction site will be managed by the following two methods:
1. If the material can be used on site the excavating contractor shall either stockpile in an
appropriate location with protection against erosion and sedimentation (see section 4.4) until such
time as they can use the material or use the material immediately.
2. If the material cannot be used on site, then the excavating contractor shall either stockpile the
material in an appropriate location with protection against erosion and sedimentation until such
time as the material can be transported off-site. All material transported off-site must be sent to a
facility permitted to receive such materials and a copy of the receiving sites provided to the
Operator.
Stormwater Pollution Prevention Plan (SWPPP)
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EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
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4.8 Soil Compaction
General
In areas where final vegetative stabilization will occur or where infiltration practices will be installed
care needs to be taken in order to condition the soil for seeding or planting.
Specific Soil Compaction Controls
Soil Compaction Control # 1-Restrict vehicle/Equipment use
Soil Compaction Control Description
Restrict vehicle and equipment use in the locations meeting the general description above.
Soil Compaction Control # 2-Use Soil Conditioning Techniques
Soil Compaction Control Description
Prior to seeding or planting areas of exposed soil that have been compacted, rake the area
smooth. Planting areas should be seeded with a drought-tolerant seed mix and, when needed,
covered with a biodegradable erosion control blanket, secured in place. Silt fences shall be
installed at the tops of steep slopes in these areas to prevent erosion and slow the flow of runoff
down the slopes.
4.9 Storm Drain Inlets
General
Any catch basins rims (within the project site) shall have filter fabric installed under the rim. Filter
fabric shall be cleaned of any sediment as needed.
Installation
Prior to the start of construction (if new catch basins are installed along the roadway during
construction they shall have filter fabric installed immediately after installation of rim and grate).
Maintenance Requirements
Clean, or remove and replace, the protection measures as sediment accumulates, the filter
becomes clogged, and/or performance is compromised. Where there is evidence of sediment
accumulation adjacent to the inlet protection measure, you must remove the deposited sediment
by the end of the same work day in which it is found or by the end of the following work day if
removal by the same work day is not feasible.
Also, see EPA’s Storm Drain Inlet Protection BMP Fact Sheet at
www.epa.gov/npdes/stormwater/menuofbmps/construction/storm_drain
4.10 Constructed Stormwater Conveyance Channels
General
No Stormwater Conveyance Channels are proposed as part of this development
Stormwater Pollution Prevention Plan (SWPPP)
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4.11 Sediment Basins
General
No Sediment Basins are proposed as part of this development
4.12 Chemical Treatment
Use of Treatment Chemicals
Use of treatment chemicals such as polymers, flocculants or other products shall be in addition to
conventional erosion and sediment controls and shall be used only where treated stormwater is directed
to a sediment control BMP (such as a sediment basin or perimeter control) prior to discharge. Any
treatment chemicals selected shall be appropriate for the application, shall comply with state and local
requirements, be used in accordance with good engineering practice by properly trained personnel.
If any subcontractors use any treatment chemicals (polymers, flocculants, etc.) the subcontractor must
comply with the minimum requirements set forth in Section 2.1.3.3 of the EPA NPDES Construction General
Permit
4.13 Dewatering Practices
General
The development of this site does not require any dewatering
4.14 Other Stormwater Controls
Equipment Service Area
There are no equipment service areas associated with the development of the three (3) residential
homes
Masonry Mixing Area
Non-stormwater discharges into storm drainage systems or waterways containing slurries from
concrete or mortar mixing operations shall not be permitted. Masonry mixing areas shall be
located a minimum distance of 100 linear feet from drainage ways, inlets and surface waters and
all storm water runoff from these areas shall be contained by a berm or other measures. Run-on
water to these areas will be diverted to prevent mixing of clean water and water contaminated
with concrete slurry
Equipment and Vehicle Washing
There are no equipment washing areas associated with the development of the three (3)
residential homes
Stormwater Pollution Prevention Plan (SWPPP)
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4.15 Site Stabilization
Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any
clearing, grading, excavating, or other earth disturbing activities have permanently ceased on
any portion of the site, or temporarily ceased on any portion of the site and will not resume for a
period exceeding 14 calendar days. On areas where work has temporarily ceased, stabilization
must begin immediately as soon as it is known that work will be stopped for 14 or more additional
calendar days. “Immediately” means as soon as practicable, but no later than the end of the next
work day, following the day when the earth-disturbing activities have temporarily or permanently
ceased. The deadline to complete stabilization activities is no later than 14 calendar days after
initiation of soil stabilization activities such as initially seeding, planting, or providing non-vegetative
measures for non-vegetative stabilization.
The following types of activities shall constitute the initiation of stabilization:
1. Prepping the soil for vegetative or non-vegetative stabilization;
2. Applying mulch or other non-vegetative product to the exposed area;
3. Seeding or planting the exposed area;
4. Starting any of the activities in # 1 – 3 on a portion of the area to be stabilized, but not
on the entire area; and
5. Finalizing arrangements to have stabilization product fully installed in compliance with
the applicable deadline for completing stabilization in the EPA NPDES GCP Parts 2.2.1.2
and 2.2.1.3.
4.16 Long-term Maintenance of Steep Sloped Areas
In the event of failure of the drought-tolerant seed mix in sections of the steep-sloped areas, the
responsible party shall reseed the affected areas and water the areas regularly until seeds have
germinated. Additional stabilization controls may also be necessary, including installation of
erosion control blanket and/or silt fencing in and around the area. During construction, the
contractor shall be responsible for maintenance of steep sloped areas. After construction, the
property owner(s) will bear the responsibility.
SECTION 5: POLLUTION PREVENTION STANDARDS
5.1 Potential Sources of Pollution
POTENTIAL SOURCES OF POLLUTION
Potential sources of sediment to stormwater runoff include:
Clearing, grading, and excavating activities, primarily un-stabilized areas, paving operations,
demolition and debris disposal, dewatering operations, drilling and blasting, material delivery,
storage and use, and landscaping operations.
Potential pollutants other than sediment include the following materials and substances that could be
expected to be present on-site during construction:
Heavy Metals – from concrete additives, concrete washout, material delivery, storage and use,
and hazardous substance/waste spills
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pH (Acids and Bases) – from concrete washout, painting and cleaning, drilling operations, material
delivery, storage and use, hazardous waste spills, and sanitary/septic waste.
Paints and Solvents – from concrete washout and waste, painting, concrete polishing, cleaning
products, material delivery and use, hazardous waste spills, and sanitary/septic waste
Trash, Debris and Solids – from clearing and grading, paving, concrete wash waste, construction
painting and cleaning, demolition, drilling and blasting, material delivery storage and use,
landscaping, and general construction
Petroleum Based Products – from material delivery storage and use, hazardous waste spills, vehicle
and equipment use on site, and vehicle and equipment fueling and maintenance and storage
Pesticides/Herbicides – from material delivery, storage and use, hazardous waste spills, vehicle use,
storage, service, and maintenance
Fertilizers/Nutrients – from painting, cleaning products, dewatering, material delivery and storage,
spills during landscaping operation, sanitary/septic waste
5.2 Spill Prevention and Response
SPILL PREVENTION AND RESPONSE PROCEDURES
The Contractor or Sub-contractor will be responsible to train all personnel in the proper handling and
cleanup of spilled Hazardous Substances or Oil that will be used by them. No spilled Hazardous
Substances or Oil will be allowed to come in contact with storm water discharges. If such contact occurs,
the storm water discharge will be contained on site by measures such as, but not limited to absorbents,
booms, static resistant pads, sump booms and other clean up equipment until appropriate measures in
compliance with state and federal regulations are taken to dispose of such contaminated storm water. It
shall be the responsibility of the Contractor or Subcontractor to be properly trained, and to train all
personnel in spill prevention and clean up procedures in regards to products used by them.
1. In order to prevent or minimize the potential for a spill of Hazardous Substances or Oil to come into
contact with storm water, the following steps will be implemented:
a) All Hazardous Substances or Oil (such as pesticides, petroleum products, fertilizers, detergents,
construction chemicals, acids, paints, paint solvents, cleaning solvents, additives for soil
stabilization, concrete curing compounds and additives, etc.) will be stored in a secure location,
with their lids on, preferably under cover, when not in use.
b) The minimum practical quantity of all such materials will be kept at the Project Site.
c) Contractor/Subcontractor responsible for using any Hazardous materials/oil shall have a spill
control and containment kit onsite while the Hazardous material/oil is in use.
d) It is the Contractor’s responsibility to ensure that all Hazardous Waste discovered or generated
at the Project site is disposed of properly by a licensed hazardous material disposal company.
The Contractor is responsible for not exceeding Hazardous Waste storage requirements
mandated by the EPA or state and local authority.
2. In the event of a spill of Hazardous Substances or Oil, the following procedures must be followed:
a) All measures must be taken to contain and abate the spill and to prevent the discharge of the
Hazardous Substance or Oil to storm water or off-site. (The spill area must be kept well ventilated
and personnel must wear appropriate protective clothing to prevent injury from contact with the
Hazardous Substances.)
b) If the release is equal to or in excess of a reportable quantity, the SWPPP must be modified
within seven (7) calendar days of knowledge of the discharge to provide a description of the
release, the circumstances leading to the release, and the date of the release. The SWPPP must
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identify measures to prevent the recurrence of such releases and to respond to such releases.
An applicable Critical Incident Form must be completed in accordance with this requirement.
c) If the release is determined to not be reportable (less than a reportable quantity) it shall be
noted on a Weekly Inspection Report as an unsatisfactory item with a Task for corrective action
and shall be noted and dated when implemented.
3. The Contractor or Subcontractor responsible for the use of Hazard materials/Oil on-site will be the spill
prevention and response coordinator for that material/oil. He will designate individuals or himself who will
receive spill prevention and response training. These individuals or the contractor/sub-contractor will each
become responsible for a particular phase of prevention and response.
5.3 Fueling and Maintenance of Equipment or Vehicles
If you conduct fueling and/or maintenance of equipment or vehicles at your site, you must provide an
effective means of eliminating the discharge of spilled or leaked chemicals, including fuel, from the area
where these activities will take place.
Examples of effective controls include, but are not limited to, locating activities away from surface waters
and stormwater inlets or conveyances, providing secondary containment (e.g., spill berms, decks, and
spill containment pallets) and cover where appropriate, and/or having spill kits readily available.
To comply with the prohibition in Part 2.3.1.3 of the EPA NDPES CGP, you must:
a. If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC) requirements in 40
CFR 112 and Section 311 of the CWA;
b. Ensure adequate supplies are available at all times to handle spills, leaks, and disposal of used liquids;
c. Use drip pans and absorbents under or around leaky vehicles;
d. Dispose of or recycle oil and oily wastes in accordance with other federal, state, tribal, or local
requirements;
e. Clean up spills or contaminated surfaces immediately, using dry clean up measures where possible,
and eliminate the source of the spill to prevent discharge or a furtherance of an ongoing discharge
f. Do not clean surfaces by hosing the area down
5.4 Washing of Equipment and Vehicles
No washing of construction equipment is proposed or allowed within the project activities.
5.5 Storage, Handling, and Disposal of Construction Products, Materials, and Wastes
You must minimize the exposure to stormwater of any of the products, materials, or wastes specified
below that are present at your site by complying with the requirements in Part 2.3.3.3 of the EPA NPDES
GCP.
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Note: These requirements do not apply to those products, materials, or wastes that are not a source of
stormwater contamination or that are designed to be exposed to stormwater.
5.5.1 Building Products
For building products: In storage areas, provide either (1) cover (e.g., plastic sheeting or temporary roofs)
to prevent these products from coming into contact with rainwater, or (2) a similarly effective means
designed to prevent the discharge of pollutants from these areas.
Some examples of building products that are typically stored at construction sites include, but are not
limited to, asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures.
5.5.2 Pesticides, Herbicides, Insecticides, Fertilizers, and Landscape Materials
No use of Pesticides, Herbicides, Insecticides and Fertilizers is proposed or allowed within the project
activities.
Landscape Materials In storage areas, provide either (1) cover (e.g., plastic sheeting or temporary roofs)
to prevent these chemicals from coming into contact with rainwater, or (2) a similarly effective means
designed to prevent the discharge of pollutants from these areas; and comply with all application and
disposal requirements included on the registered pesticide, herbicide, insecticide, and fertilizer label.
5.5.3 Diesel Fuel, Oil, Hydraulic Fluids, Other Petroleum Products, and Other Chemicals
To comply with the prohibition in Part 2.3.1.3 of the EPA NDPES CGP, store chemicals in water-tight
containers, and provide either (1) cover (e.g., plastic sheeting or temporary roofs) to prevent these
containers from coming into contact with rainwater, or (2) a similarly effective means designed to prevent
the discharge of pollutants from these areas (e.g., spill kits), or provide secondary containment (e.g., spill
berms, decks, spill containment pallets); and Clean up spills immediately, using dry clean-up methods
where possible, and dispose of used materials properly. Do not clean surfaces or spills by hosing the area
down. Eliminate the source of the spill to prevent a discharge or a continuation of an ongoing discharge.
5.5.4 Hazardous or Toxic Waste
Examples of hazardous or toxic waste that may be present at construction sites include, but are not
limited to, paints, solvents, petroleum-based products, wood preservatives, additives, curing compounds
and acids.
(1) Separate hazardous waste from the construction and domestic waste
(2) Store waste in sealed containers, which are constructed of suitable materials to prevent leakage and
corrosion, and which are labeled in accordance with the applicable Resource Conservation and
Recovery Act (RCRA) requirements and all other applicable federal, state, tribal, or local requirements;
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(3) Store all containers that will be stored outside within the appropriately-sized secondary containment
(e.g., spill berms, decks, spill containment pallets) to prevent spills from being discharged, or provide a
similarly effective means designed to prevent the discharge of pollutants from these areas (e.g., storing
chemicals in covered area or having a spill kit available on-site;
(4) Dispose of hazardous or toxic waste in accordance with the manufacturer’s recommended method
of disposal and in compliance with the federal, state, tribal, and local requirements; and
(5) Clean up spills immediately, using dry clean-up methods where possible, and dispose of used materials
properly. Do not clean surfaces or spills by hosing the area down. Eliminate the source of the spill to
prevent a discharge or furtherance of an ongoing discharge.
5.5.5 Construction and Domestic Waste
Examples of construction and domestic waste include, but are not limited to, packaging materials, scrap
construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam,
concrete, and other trash or building materials.
General
Provide waste containers (e.g., dumpster or trash receptacle) of sufficient size and number to contain
construction and domestic wastes. In addition, you must:
(1) On work days, clean up and dispose of waste in designated waste containers; and
(2) Clean up immediately if containers overflow.
5.5.6 Sanitary Waste
Position portable toilets so that they are secure and will not be tipped or knocked over
5.6 Washing of Applicators and Containers used for Paint, Concrete or Other Materials
To comply with the prohibition in Parts 2.3.1.1 and 2.3.1.2 of the EPA NPDES CGP, you must provide an
effective means of eliminating the discharge of water from the washout and cleanout of stucco, paint,
concrete, form release oils, curing compounds, and other construction materials. To comply with this
requirement, you must:
a. Direct all washwater into a leak-proof container or leak-proof pit. The container or pit must be
designed so that no overflows can occur due to inadequate sizing or precipitation;
b. Handle washout or cleanout wastes as follows:
i. Do not dump liquid wastes in storm sewers;
ii. Dispose of liquid wastes in accordance with applicable requirements in Part 2.3.3.3 of the
EPA NPDES CGP; and
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iii. Remove and dispose of hardened concrete waste consistent with your handling of other
construction wastes in Part 2.3.3.3 of the EPA NPDES CGP; and
c. Locate any washout or cleanout activities as far away as possible from surface waters and
stormwater inlets or conveyances, and, to the extent practicable, designate areas to be used for
these activities and conduct such activities only in these areas.
Also, see EPA’s Concrete Washout BMP Fact Sheet at
www.epa.gov/npdes/stormwater/menuofbmps/construction/concrete_wash
5.6.1 Concrete Wash-out Area
General
The Foundation Contractor (along with any Contractor/Sub-Contractor that will be mixing concrete) shall
designate an area (in accordance with section 5.6 (c)) and construct a temporary, above grade
concrete wash-out area. The temporary concrete washout area will be constructed as shown in Figure#1,
with a recommended minimum length and minimum width of 10’, but with sufficient quantity and volume
to contain all liquid and concrete waste generated by washout operations. The washout area will be
lined with plastic sheeting at least 10 mils thick and free of any holes or tears. Signs will be posted marking
the location of the washout area to ensure that concrete equipment operators use the proper facility.
Concrete pours will not be conducted during or before an anticipated storm event. Concrete mixer
trucks and chutes will be washed in the designated area or concrete wastes will be properly disposed of
off-site. When temporary washout area is no longer needed for the construction project, the hardened
concrete and materials used to construct the area will be removed and disposed of according to the
maintenance section below, and the area will be stabilized. For design specifications, see Figure #1
Installation
The washout area will be constructed before concrete pours occur at the site
Maintenance and Inspection
The washout areas will be inspected daily to ensure that all concrete washing is being discharged into the
washout area, no leaks or tears are present, and to identify when the concrete wastes need to be
removed. The washout areas will be cleaned out once the area is filled 70 - 75% of the holding capacity.
Once the area’s holding capacity has been reached, the concrete wastes will be allowed to harden; the
concrete will be broken up, removed, and taken to an appropriate disposal site. The plastic sheeting will
be replaced if tears occur during removal of concrete wastes from the washout area.
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Figure #1
5.7 Fertilizers
The use of fertilizers are not anticipated within the scope of the construction project.
Discharge of fertilizers containing nitrogen or phosphorus shall be minimized. Fertilizers will be applied only
in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked in
the soil to limit exposure to storm water. Apply only at the time of year appropriate for location. Avoid
application during heavy rain and never apply to frozen ground. Application of fertilizer to stormwater
conveyance channels or other storm water facilities where water will flow is not permitted. Follow all
federal, state and local requirements regarding application. Storage will be in a covered shed. The
contents of any partially used bags of fertilizer will be transferred to a sealable plastic bin to avoid spills
5.8 Other Pollution Prevention Practices
No other Pollution Prevention Practices are being proposed at this time
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SECTION 6: INSPECTION AND CORRECTIVE ACTION
6.1 Inspection Personnel and Procedures
*Personnel Responsible for Inspections
*THE DAVENPORT COMPANIES
20 Main Street
S. Yarmouth, MA 02664
(508) 394-8800
Employees of the above referenced firm shall be responsible for conducting routine site inspections to ensure all
BMPs are being implemented and completing inspection reports after each inspection based on established
inspection schedule as well as conducting spot inspections and informal inspections.
*Note: All personnel conducting inspections must be considered a “qualified person.” CGP
Part 4.1.1 clarifies that a “qualified person” is a person knowledgeable in the principles and
practices of erosion and sediment controls and pollution prevention, who possesses the skills
to assess conditions at the construction site that could impact stormwater quality, and the
skills to assess the effectiveness of any stormwater controls selected and installed to meet the
requirements of this permit.
Inspection Schedule
Per EPA NDPES CGP Section 4.1.2.2 (see below)
Once every 14 calendar days and within 24 hours of the occurrence of a storm event of 0.25
inches or greater. To determine if a storm event of 0.25 inches or greater has occurred on your
site, you must either keep a properly maintained rain gauge on your site, or obtain the storm
event information from a weather station that is representative of your location. For any day of
rainfall during normal business hours that measures 0.25 inches or greater, you must record the
total rainfall measured for that day in accordance with Part 4.1.7.1d of the EPA NDPES CGP.
Inspections will be required on a daily basis if any concrete pouring/washing is taking place.
Inspections for concrete pouring/washing out shall follow the requirements set forth in section
5.6.1
*Notes: Inspections are only required during the project’s normal working hours. “Within 24
hours of the occurrence of a storm event” means that you are required to conduct an
inspection within 24 hours once a storm event has produced 0.25 inches, even if the storm
event is still continuing. Thus, if you have elected to inspect bi-weekly in accordance with Part
4.1.2.2 of the EPA NDPES CGP and there is a storm event at your site that continues for multiple
days, and each day of the storm produces 0.25 inches or more of rain, you are required to
conduct an inspection within 24 hours of the first day of the storm and within 24 hours after the
end of the storm
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Rain Gauge Location (if applicable)
No rain gauge will be installed on site storm event rainfall data will be obtained from a weather
station
INSPECTOR RESPONSIBILITIES
The Qualified Inspector/Operator shall have the primary responsibility and significant authority for
the implementation, maintenance, inspection, and modifications to the SWPPP. They will be
trained in all the inspection and maintenance practices necessary for keeping the Erosion and
Sediment Controls that are used onsite in good working order. They will also be trained in the
completion of, initiation of actions required by, and the filing of the inspection forms (found in
Appendix D & E). Documentation of Qualified Inspector training will be kept on site with the
SWPPP.
INSPECTION PROCEDURES
Inspections must include all areas of the site disturbed by Construction Activities and areas used
for storage of materials that are exposed to precipitation. Qualified Inspectors must look for
evidence of, or the potential for, pollutants entering the storm water conveyance system. Erosion
and Sediment Control measures identified in the SWPPP must correspond to those implemented
at the site and each measure must be observed to ensure proper operation. Discharge locations
must be inspected to ascertain whether Erosion and Sediment Control measures are effective in
preventing significant impacts to Waters of the United States, where accessible. Where
discharge locations are inaccessible, nearby downstream locations must be inspected to the
extent that such inspections are practicable. Locations where vehicles enter or exit the site must
be inspected for evidence of off-site tracking. The following inspection and maintenance
practices will be used to maintain Erosion and Sediment Controls and stabilization measures:
a. The Person’s listed in Section 6.1 will be responsible for these inspections, maintenance
and repair activities, and filling out inspection and maintenance reports.
b. All control measures will be inspected at least at the frequency identified in Section 6.1
c. Silt fences will be inspected for depth of sediment, tears, etc., to see if the fabric is
securely attached to the fence posts, and to see that the fence posts are securely in the
ground.
d. All sediment control measures including silt fence and filter fabric on catch basin rims
shall be inspected for built up of sediment. Corrective action will have to be taken if
these inspections reveal that the maintenance requirements set forth in Section 4.2 are
met.
e. Temporary and permanent seeding and all other stabilization measures will be
inspected for bare spots, washouts, and healthy growth.
f. Concrete wash-out basins shall be inspected daily, when in use, inspections procedures
should be followed as set forth in section 5.6.1.
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g. An Inspection Report (Appendix D) will be completed after each inspection. Blank
copies of the report forms to be completed by the Qualified Inspector(s) are included in
this SWPPP in Appendix D.
h. Disturbed Areas and materials storage areas will be inspected for evidence of or
potential for pollutants entering stormwater systems.
i. Report to U.S. Environmental Protection Agency within 24 hours of any noncompliance
with the SWPPP that will endanger public health or the environment. Complete an
applicable Critical Incident and Reportable Quantity Report. Follow up with a written
report within 5 days of the noncompliance event.
The following events require 24 hour reporting:
a) any unanticipated bypass which exceeds any effluent limitation in the
permit
b) any upset which exceeds any effluent limitation in the permit
c) a violation of a maximum daily discharge limitation for any of the
pollutants listed by the EPA in the permit to be reported within 24 hours.
The written
j. Spills or Releases of Hazardous Substances or Oil in excess of reportable quantities (as
established under 40 CFR Part 110, 40 CFR Part 117 or 40 CFR Part 302) must be reported.
Section 5.2 provides further details on the notification and reporting process
k. Vehicle track out areas will be inspected to ensure that the are installed properly
Inspection Report Forms
It is imperative that documentation of the inspection and maintenance of all erosion and
sediment control measures be completed as soon as possible after the inspection and/or
maintenance is concluded (on form provided in Appendix D), but no more than 2 hours after
conclusion of any inspection or maintenance activity. The inspection reports identify any
incidents of non-compliance with the permit conditions. Where a report does not identify any
incidents of non-compliance, the report must contain a certification that the Project is in
compliance with the SWPPP and the Construction General Permit or other applicable State
Permit. The report must be signed in accordance with Appendix I, 11 (Signatory Requirements of
the Federal NPDES Permit). These records are used to prove that the required inspection and
maintenance were performed and shall be printed and placed in the SWPPP Ledger. In addition
to inspection and maintenance reports, records should be kept of the Construction Activities
that occur on the site. Identified and completed corrective actions will be documented on Form
in Appendix E. The Contractor shall retain copies of the SWPPP, all reports and data in paper and
CD format for a minimum of five (5) years after the Project is complete. Forms found in Appendix
D & E of this SWPPP shall be used by the Qualified Inspector(s) to inventory and report the
condition of each measure to assist in maintaining the erosion and sediment control measures in
good working order. The following list identifies the required Inspection and Maintenance
documentation and record keeping that must be maintained by the Contractor under this
SWPPP:
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Inspection Reports
Bi-Weekly (and Rain Event) Inspection Form (Appendix D)
Corrective Action Log (Appendix E)
SWPPP Amendment Log
SWPPP Amendment Log (Appendix F)
Training Report
Training Report (Appendix I)
Contractor/Subcontractor Certification Agreement
Contractor/Subcontractor Certification Agreement (Appendix G)
These report forms shall become an integral part of the SWPPP and shall be made readily
accessible to governmental inspection officials, the Operator’s Engineer, and the Operator for
review upon request during visits to the Project site. In addition, copies of the reports shall be
provided to any of these persons, upon request, via mail or facsimile transmission. Inspection and
maintenance report forms are to be maintained by the permittee for five (5) years following the
final stabilization of the site.
OTHER RECORD KEEPING REQUIREMENTS
The Contractor shall keep the following records related to Construction Activities at the site:
Dates when major grading activities occur and the areas which were graded
Dates and details concerning the installation of structural controls
Dates when Construction Activities cease in an area
Dates when stabilization measures are initiated
Dates when an areas is stabilized, either temporarily or permanently
Dates of rainfall and the amount of rainfall
Dates and descriptions of the character and amount of any spills of Hazardous
Substances or Oil
Records of reports filed with regulatory agencies if reportable quantities of Hazardous
Substances or Oil spilled
SWPPP MODIFICATIONS
The inspection report should also identify if any revisions to the SWPPP are warranted due to
unexpected conditions. The SWPPP is meant to be a dynamic working guide that is to be kept
current and amended by the Qualified Inspector (or other party if so specified below) whenever:
1. There is a change in design, construction, operation (such as new operators becoming active
in construction activities), or maintenance at the construction site that has or could have a
significant effect on the discharge of pollutants to the Waters of the United States that has not
been previously addressed in the SWPPP. In addition to modifying the SWPPP, the Site Map may
also require an amendment. Modifications to the SWPPP and/or Site Map in relation to any
change in design, construction, operation, or maintenance at the construction site must be
made within 48 hours of such change.
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2. Inspections or investigations by site staff, or by local, state or federal officials, determine that
the SWPPP modifications are necessary for compliance with the permit. Modifications resulting
relation to SWPPP ineffectiveness resulting from an inspection must be initiated within 48 hours.
3. Where EPA (or state regulatory agency) determines it is necessary to impose additional
requirements on the discharge, the following must be included in the SWPPP within 48 hours
following the determination:
a. A copy of any correspondence describing such requirements
b. A description of the stormwater control measures that will be used to meet such
requirements.
4. To reflect any revisions to applicable federal, state or local requirements that affect the
stormwater control measures implemented at the site.
5. If applicable, if a change in chemical treatment systems or chemically enhanced stormwater
control is made, including use of a different treatment chemical, different dosage rate, or
different area of application.
6. BMPs are modified or additional BMPs are designed to correct problems identified during an
inspection. Revisions to the SWPPP related to additional or modified BMPs must be completed
within 48 hours following the inspection.
7. There is a release involving a Hazardous Substance or Oil in an amount equal to or in excess of
a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117 or 40 CFR Part
302. Revisions to the SWPPP must be completed within seven (7) calendar days of knowledge of
the release.
8. A change in design, construction, operation, or maintenance materially affects the site’s spill
potential per 40 CFR Part 112. Modifications to the SWPPP in relation to such change must be
made within 48 hours of the change.
9. The Contractor’s failure to modify the SWPPP to include off-site borrow or fill areas used solely
for the Project or to monitor or report deficiencies to the Operator will result in the Contractor
being liable for fines and construction delays resulting from any federal, state, or local agency
enforcement action.
10. Modifications or changes in locations of materials management BMPs shown on the Site
Map. Documentation of such modifications or changes must be documented on a Modification
Form and depicted on the Site Map within 48 hours of the change. Any such changes to the
SWPPP must be made in writing on the SWPP Amendment Log (Appendix F) within 48 hours of
the date such modification or amendment is made to the SWPPP. Changes must also be drawn
on the Site Map within 48 hours of any modification or amendment is made to the SWPPP.
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6.2 Corrective Action
Any runoff controls, sediment controls, materials BMPs, or erosion controls found to need
corrective action such as replacement, repair, or maintenance shall be entered into the
Corrective Action Log Form (Appendix E) and dated upon completion. Any minor corrective
action shall be initiated immediately after discovery and completed by the close of the next
work day; any major corrective action or replacement shall be initiated within 24 hours and
completed within 48 hours.
6.3 Delegation of Authority
Duly Authorized Representative(s) or Position(s):
(CONSTRUCTION MANAGER UNKNOWN, WILL INCLUDE INFO IN FINAL SWPPP)
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SECTION 7: TRAINING
Individual Responsible for Initial Training
J.M. O’REILLY & ASSOCIATES, INC. will be responsible for training the Owner/Operator of THE DAVENPORT
COMPANIES. It will then be his/her responsibility to train any and all contractors/subcontractors that will
be working onsite for general stormwater and BMP awareness with detailed training for those
contractors/subcontractors with specific stormwater responsibilities. It will also be his/her Responsibility to
train the Qualified Inspector.
Training that will be conducted:
• J.M. O’REILLY & ASSOCIATES, INC. will provide information to the Owner/Operator (THE
DAVENPORT COMPANIES) regarding BMP’s that will be used onsite and any plans, specifications,
and installation requirements.
• The Owner/Operator will conduct informal training for all staff, including subcontractors, on the
site. The training will be conducted primarily via tailgate sessions and will focus on avoiding
damage to stormwater BMPs and preventing illicit discharges. The tailgate sessions will be
conducted as needed and will address the following topics: Erosion Control BMPs, Sediment
Control BMPs, Non-Stormwater BMPs, Waste Management and Materials Storage BMPs, and
Emergency Procedures specific to the construction site. (See Appendix I – SWPPP Training Log)
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SECTION 8: CERTIFICATION AND NOTIFICATION
The following certification statement must be signed and dated by a person who meets the requirements
of CGP Appendix I, Part 1.11. This Certification must be resigned in the event of a SWPPP Modification.
Owner/Operator – THE DAVENPORT COMPANIES
I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
Name: Title:
Signature: Date:
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
28
SWPPP APPENDICES
Attach the following documentation to the SWPPP:
Appendix A – Site Maps
Appendix B – Copy of 2017 CGP
Appendix C – NOI and EPA Authorization Email
Appendix D – Inspection Form
Appendix E – Corrective Action Form
Appendix F – SWPPP Amendment Log
Appendix G – Subcontractor/Contractor Certifications/Agreements
Appendix H – Grading and Stabilization Activities Log
Appendix I – Training Log
Appendix J – Delegation of Authority
Appendix K – Endangered Species Documentation
Appendix L – Historic Preservation Documentation
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
33
Appendix A – Site Maps
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
34
Appendix B – Copy of 2017 CGP
2017 Construction General Permit (CGP) (as modified)
National Pollutant Discharge Elimination System
General Permit for Discharges from
Construction Activities
(as modified)
In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter
CWA), as amended by the Water Quality Act of 1987, P.L. 100-4, “operators” of construction
activities (defined in Appendix A) that meet the requirements of Part 1.1 of this National
Pollutant Discharge Elimination System (NPDES) general permit, are authorized to discharge
pollutants in accordance with the effluent limitations and conditions set forth herein. Permit
coverage is required from the “commencement of construction activities” (see Appendix A)
until one of the conditions for terminating CGP coverage has been met (see Part 8.2).
This permit becomes effective on June 27, 2019.
This permit and the authorization to discharge expire at 11:59pm, February 16, 2022.
Signed and issued this 14th day of May 2019
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
Signed and issued this 14th day of May 2019
Charles W. Maguire,
Director, Water Division, EPA Region 6.
Signed and issued this 14th day of May 2019
Jeff Gratz,
Deputy Director, Water Division, EPA Region 2.
Signed and issued this 14th day of May 2019
Jeffery Robichaud,
Director, Water Division, EPA Region 7.
Signed and issued this 14th day of May 2019
Jose C. Font,
Acting Director, Caribbean Environmental
Protection Division, EPA Region 2.
Signed and issued this 14th day of May 2019
Darcy O’Connor,
Director, Water Division, EPA Region 8.
Signed and issued this 14th day of May 2019
Catharine McManus,
Deputy Director, Water Division, EPA Region 3.
Signed and issued this 14th day of May 2019
Tomás Torres,
Director, Water Division, EPA Region 9.
Signed and issued this 14th day of May 2019
Jeaneanne M. Gettle,
Director, Water Division, EPA Region 4.
Signed and issued this 14th day of May 2019
Daniel D. Opalski,
Director, Water Division, EPA Region 10.
Signed and issued this 14th day of May 2019
Joan M. Tanaka,
Acting Director, Water Division, EPA Region 5.
2017 Construction General Permit (CGP) (as modified)
Page i
CONTENTS
1 How to Obtain Coverage Under the Construction General Permit (CGP) .................................. 1
1.1 Eligibility Conditions ....................................................................................................................... 1
1.2 Types of Discharges Authorized .................................................................................................. 2
1.3 Prohibited Discharges ................................................................................................................... 4
1.4 Submitting your Notice of Intent (NOI) ...................................................................................... 4
1.5 Requirement to Post a Notice of Your Permit Coverage ........................................................ 6
2 Technology-Based Effluent Limitations ........................................................................................... 6
2.1 General Stormwater Control Design, Installation, and Maintenance Requirements......... 7
2.2 Erosion and Sediment Control Requirements ........................................................................... 8
2.3 Pollution Prevention Requirements ........................................................................................... 14
2.4 Construction Dewatering Requirements ................................................................................. 18
3 Water Quality-Based Effluent Limitations ...................................................................................... 18
3.1 General Effluent Limitation to Meet Applicable Water Quality Standards ........................ 18
3.2 Discharge Limitations for SItes Discharging to Sensitive Waters ........................................... 19
4 Site Inspection Requirements ........................................................................................................ 20
4.1 Person(s) Responsible for Inspecting Site ................................................................................. 20
4.2 Frequency of Inspections. .......................................................................................................... 20
4.3 Increase in Inspection Frequency for Sites Discharging to Sensitive Waters...................... 21
4.4 Reductions in Inspection Frequency ........................................................................................ 21
4.5 Areas that MUST Be Inspected .................................................................................................. 22
4.6 Requirements for Inspections .................................................................................................... 22
4.7 Inspection Report ........................................................................................................................ 23
4.8 Inspections By EPA....................................................................................................................... 23
5 Corrective Actions ......................................................................................................................... 24
5.1 Conditions Triggering Corrective Action. ................................................................................ 24
5.2 Corrective Action Deadlines ..................................................................................................... 24
5.3 Corrective Action Required by EPA ......................................................................................... 25
5.4 Corrective Action Report ........................................................................................................... 25
6 Staff Training Requirements ........................................................................................................... 25
7 Stormwater Pollution Prevention Plan (SWPPP) ............................................................................ 26
7.1 General Requirements ............................................................................................................... 26
7.2 SWPPP Contents .......................................................................................................................... 26
7.3 On-Site Availability of Your SWPPP ............................................................................................ 32
7.4 SWPPP Modifications .................................................................................................................. 32
2017 Construction General Permit (CGP) (as modified)
Page ii
8 How to Terminate Coverage ......................................................................................................... 33
8.1 Minimum Information Required in NOT .................................................................................... 33
8.2 Conditions for Terminating CGP Coverage ............................................................................ 34
8.3 How to Submit Your NOT ............................................................................................................ 34
8.4 Deadline for Submitting the NOT .............................................................................................. 34
8.5 Effective Date of Termination of Coverage............................................................................ 34
9 Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories............. 35
Appendix A: Definitions and Acronyms ........................................................................................... A-1
Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses ........................... B-1
Appendix C: Small Construction Waivers and Instructions ............................................................ C-1
Appendix D: Eligibility Procedures Relating to Threatened & Endangered Species Protection . D-1
Appendix E: Historic Property Screening Process ............................................................................E-1
Appendix F: List of Tier 3, Tier 2, and Tier 2.5 Waters ......................................................................... F-1
Appendix G: Buffer Requirements ................................................................................................... G-1
Appendix H: 2-Year, 24-Hour Storm Frequencies ........................................................................... H-1
Appendix I: Standard Permit Conditions ........................................................................................... I-1
Appendix J: Notice of Intent (NOI) Form and Instructions ............................................................... J-1
Appendix K: Notice of Termination (NOT) Form and Instructions .................................................. K-1
Appendix L: Suggested Format for Request for Chemical Treatment ............................................ L-1
2017 Construction General Permit (CGP) (as modified)
Page 1
1 HOW TO OBTAIN COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT (CGP)
To be covered under this permit, you must meet the eligibility conditions and follow
the requirements for obtaining permit coverage in this Part.
1.1 ELIGIBILITY CONDITIONS
1.1.1 You are an “operator” of a construction site for which discharges will be covered under
this permit. For the purposes of this permit and in the context of stormwater discharges
associated with construction activity, an “operator” is any party associated with a
construction project 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; or
The party has day-to-day operational control of those activities at a project that are
necessary to ensure compliance with the permit conditions.
Where there are multiple operators associated with the same project, all operators must
obtain permit coverage.1 Subcontractors generally are not considered operators for the
purposes of this permit.
1.1.2 Your site’s construction activities:
Will disturb one or more acres of land, or will disturb less than one acre of land but are
part of a common plan of development or sale that will ultimately disturb one or
more acres of land; or
Have been designated by EPA as needing permit coverage under 40 CFR
122.26(a)(1)(v) or 40 CFR 122.26(b)(15)(ii);
1.1.3 Your site is located in an area where EPA is the permitting authority (see Appendix B);
1.1.4 Discharges from your site are not:
Already covered by a different NPDES permit for the same discharge; or
In the process of having coverage under a different NPDES permit for the same
discharge denied, terminated, or revoked.2, 3
1.1.5 You are able to demonstrate that you meet one of the criteria listed in Appendix D with
respect to the protection of species that are federally listed as endangered or
threatened under the Endangered Species Act (ESA) and federally designated critical
habitat;
1.1.6 You have completed the screening process in Appendix E relating to the protection of
historic properties; and
1 If the operator of a “construction support activity” (see Part 1.2.1c) is different than the operator of the
main site, that operator must also obtain permit coverage. See Part 7.1 for clarification on the sharing of
permit-related functions between and among operators on the same site and for conditions that apply to
developing a SWPPP for multiple operators associated with the same site.
2 Parts 1.1.4a and 1.1.4b do not include sites currently covered under the 2012 CGP that are in the process
of obtaining coverage under this permit, nor sites covered under this permit that are transferring coverage
to a different operator.
3 Notwithstanding a site being made ineligible for coverage under this permit because it falls under the
description of Parts 1.1.4a or 1.1.4b, above, EPA may waive the applicable eligibility requirement after
specific review if it determines that coverage under this permit is appropriate.
2017 Construction General Permit (CGP) (as modified)
Page 2
1.1.7 You have complied with all requirements in Part 9 imposed by the applicable state,
Indian tribe, or territory in which your construction activities and/or discharge will occur.
1.1.8 For “new sources” (as defined in Appendix A) only:
EPA has not, prior to authorization under this permit, determined that discharges from
your site will cause, have the reasonable potential to cause, or contribute to an
excursion above any applicable water quality standard. Where such a determination
is made prior to authorization, EPA may notify you that an individual permit
application is necessary. However, EPA may authorize your coverage under this
permit after you have included appropriate controls and implementation procedures
designed to bring your discharge into compliance with this permit, specifically the
requirement to meet water quality standards. In the absence of information
demonstrating otherwise, EPA expects that compliance with the requirements of this
permit, including the requirements applicable to such discharges in Part 3, will result in
discharges that will not cause, have the reasonable potential to cause, or contribute
to an excursion above any applicable water quality standard.
Discharges from your site to a Tier 2, Tier 2.5, or Tier 3 water4 will not lower the water
quality of the applicable water. In the absence of information demonstrating
otherwise, EPA expects that compliance with the requirements of this permit,
including the requirements applicable to such discharges in Part 3.2, will result in
discharges that will not lower the water quality of such waters.
1.1.9 If you plan to add “cationic treatment chemicals” (as defined in Appendix A) to
stormwater and/or authorized non-stormwater prior to discharge, you may not submit
your Notice of Intent (NOI) unless and until you notify your applicable EPA Regional
Office (see Appendix L) in advance and the EPA Regional Office authorizes coverage
under this permit after you have included appropriate controls and implementation
procedures designed to ensure that your use of cationic treatment chemicals will not
lead to discharges that cause an exceedance of water quality standards.
1.2 TYPES OF DISCHARGES AUTHORIZED 5
1.2.1 The following stormwater discharges are authorized under this permit provided that
appropriate stormwater controls are designed, installed, and maintained (see Parts 2
and 3):
Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface
runoff and drainage, associated with construction activity under 40 CFR 122.26(b)(14)
or 122.26(b)(15)(i);
Stormwater discharges designated by EPA as needing a permit under 40 CFR
122.26(a)(1)(v) or 122.26(b)(15)(ii);
4 Note: Your site will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first water to which
you discharge is identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that
enter a storm sewer system prior to discharge, the first water of the U.S. to which you discharge is the
waterbody that receives the stormwater discharge from the storm sewer system. See list of Tier 2, Tier 2.5,
and Tier 3 waters in Appendix F.
5 See “Discharge” as defined in Appendix A. Note: Any discharges not expressly authorized in this permit
cannot become authorized or shielded from liability under CWA section 402(k) by disclosure to EPA, state,
or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to be
covered by the permit, the SWPPP, or during an inspection.
2017 Construction General Permit (CGP) (as modified)
Page 3
Stormwater discharges from construction support activities (e.g., concrete or asphalt
batch plants, equipment staging yards, material storage areas, excavated material
disposal areas, borrow areas) provided that:
i. The support activity is directly related to the construction site required to have
permit coverage for stormwater discharges;
ii. The support activity is not a commercial operation, nor does it serve multiple
unrelated construction sites;
iii. The support activity does not continue to operate beyond the completion of the
construction activity at the site it supports; and
iv. Stormwater controls are implemented in accordance with Part 2 and Part 3 for
discharges from the support activity areas.
Stormwater discharges from earth-disturbing activities associated with the
construction of staging areas and the construction of access roads conducted prior
to active mining.
1.2.2 The following non-stormwater discharges associated with your construction activity are
authorized under this permit provided that, with the exception of water used to control
dust and to irrigate vegetation in stabilized areas, these discharges are not routed to
areas of exposed soil on your site and you comply with any applicable requirements for
these discharges in Parts 2 and 3:
Discharges from emergency fire-fighting activities;
Fire hydrant flushings;
Landscape irrigation;
Water used to wash vehicles and equipment, provided that there is no discharge of
soaps, solvents, or detergents used for such purposes;
Water used to control dust;
Potable water including uncontaminated water line flushings;
External building washdown, provided soaps, solvents, and detergents are not used,
and external surfaces do not contain hazardous substances (as defined in Appendix
A) (e.g., paint or caulk containing polychlorinated biphenyls (PCBs));
Pavement wash waters, provided spills or leaks of toxic or hazardous substances have
not occurred (unless all spill material has been removed) and where soaps, solvents,
and detergents are not used. You are prohibited from directing pavement wash
waters directly into any water of the U.S., storm drain inlet, or stormwater
conveyance, unless the conveyance is connected to a sediment basin, sediment
trap, or similarly effective control;
Uncontaminated air conditioning or compressor condensate;
Uncontaminated, non-turbid discharges of ground water or spring water;
Foundation or footing drains where flows are not contaminated with process
materials such as solvents or contaminated ground water; and
Construction dewatering water discharged in accordance with Part 2.4.
1.2.3 Also authorized under this permit are discharges of stormwater listed above in Part 1.2.1,
or authorized non-stormwater discharges listed above in Part 1.2.2, commingled with a
2017 Construction General Permit (CGP) (as modified)
Page 4
discharge authorized by a different NPDES permit and/or a discharge that does not
require NPDES permit authorization.
1.3 PROHIBITED DISCHARGES 6
1.3.1 Wastewater from washout of concrete, unless managed by an appropriate control as
described in Part 2.3.4;
1.3.2 Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
1.3.3 Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance;
1.3.4 Soaps, solvents, or detergents used in vehicle and equipment washing or external
building washdown; and
1.3.5 Toxic or hazardous substances from a spill or other release.
To prevent the above-listed prohibited non-stormwater discharges, operators must
comply with the applicable pollution prevention requirements in Part 2.3.
1.4 SUBMITTING YOUR NOTICE OF INTENT (NOI)
All “operators” (as defined in Appendix A) associated with your construction site, who
meet the Part 1.1 eligibility requirements, and who seek coverage under this permit,
must submit to EPA a complete and accurate NOI in accordance with the deadlines in
Table 1 prior to commencing construction activities.
Exception: If you are conducting construction activities in response to a public
emergency (e.g., mud slides, earthquake, extreme flooding conditions, widespread
disruption in essential public services), and the related work requires immediate
authorization to avoid imminent endangerment to human health, public safety, or the
environment, or to reestablish essential public services, you may discharge on the
condition that a complete and accurate NOI is submitted within 30 calendar days after
commencing construction activities (see Table 1) establishing that you are eligible for
coverage under this permit. You must also provide documentation in your Stormwater
Pollution Prevention Plan (SWPPP) to substantiate the occurrence of the public
emergency.
1.4.1 Prerequisite for Submitting Your NOI
You must develop a SWPPP consistent with Part 7 before submitting your NOI for
coverage under this permit.
1.4.2 How to Submit Your NOI
You must use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit
your NOI for coverage under the 2017 CGP, unless you received a waiver from your
EPA Regional Office.
To access NeT, go to https://www.epa.gov/npdes/stormwater-discharges-
construction-activities#ereporting.
Waivers from electronic reporting may be granted based on one of the following
conditions:
6 EPA includes these prohibited non-stormwater discharges here as a reminder to the operator that the only
non-stormwater discharges authorized by this permit are at Part 1.2.2. Any unauthorized non-stormwater
discharges must be covered under an individual permit or alternative general permit.
2017 Construction General Permit (CGP) (as modified)
Page 5
a. 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
b. If you have limitations regarding available computer access or computer
capability.
If the EPA Regional Office grants you approval to use a paper NOI, and you elect to
use it, you must complete the form in Appendix J.
1.4.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage
Table 1 provides the deadlines for submitting your NOI and the official start date of your
permit coverage, which differ depending on when you commence construction
activities.
Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage.
Type of Operator NOI Submittal Deadline 7 Permit Authorization Date 8
Operator of a new site (i.e., a site
where construction activities
commence on or after February 16,
2017)
At least 14 calendar days before
commencing construction
activities.
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. Operator of an existing site (i.e., a site
with 2012 CGP coverage where
construction activities commenced
prior to February 16, 2017)
No later than May 17, 2017.
New operator of a permitted site (i.e.,
an operator that through transfer of
ownership and/or operation replaces
the operator of an already permitted
construction site that is either a “new
site” or an “existing site”)
At least 14 calendar days before
the date the transfer to the new
operator will take place.
Operator of an “emergency-related
project” (i.e., a project initiated in
response to a public emergency
(e.g., mud slides, earthquake,
extreme flooding conditions,
disruption in essential public services),
for which the related work requires
immediate authorization to avoid
imminent endangerment to human
health or the environment, or to
reestablish essential public services)
No later than 30 calendar days
after commencing construction
activities.
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.
1.4.4 Modifying your NOI
7 If you miss the deadline to submit your NOI, any and all discharges from your construction activities will
continue to be unauthorized under the CWA until they are covered by this or a different NPDES permit. EPA
may take enforcement action for any unpermitted discharges that occur between the commencement of
construction activities and discharge authorization.
8 Discharges are not authorized if your NOI is incomplete or inaccurate or if you are not eligible for permit
coverage.
2017 Construction General Permit (CGP) (as modified)
Page 6
If after submitting your NOI you need to correct or update any fields, you may do so by
submitting a “Change NOI” form using NeT. Waivers from electronic reporting may be
granted as specified in Part 1.4.1. If the EPA Regional Office has granted you approval to
submit a paper NOI modification, you may indicate any NOI changes on the same NOI
form in Appendix J.
When there is a change to the site’s operator, the new operator must submit a new NOI,
and the previous operator must submit a Notice of Termination (NOT) form as specified in
Part 8.3.
1.4.5 Your Official End Date of Permit Coverage
Once covered under this permit, your coverage will last until the date that:
a. You terminate permit coverage consistent with Part 8; or
b. You receive permit coverage under a different NPDES permit or a reissued or
replacement version of this permit after expiring on February 16, 2022; or
c. You fail to submit an NOI for coverage under a revised or replacement
version of this permit before the deadline for existing construction sites where
construction activities continue after this permit has expired.
1.5 REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE
You must post a sign or other notice of your permit coverage at a safe, publicly
accessible location in close proximity to the construction site. The notice must be located
so that it is visible from the public road that is nearest to the active part of the
construction site, and it must use a font large enough to be readily viewed from a public
right-of-way.9 At a minimum, the notice must include:
a. The NPDES ID (i.e., permit tracking number assigned to your NOI);
b. A contact name and phone number for obtaining additional construction site
information;
c. The Uniform Resource Locator (URL) for the SWPPP (if available), or the following
statement: “If you would like to obtain a copy of the Stormwater Pollution
Prevention Plan (SWPPP) for this site, contact the EPA Regional Office at [include
the appropriate CGP Regional Office contact information found at
https://www.epa.gov/npdes/contact-us-stormwater#regional];” and
d. The following statement “If you observe indicators of stormwater pollutants in the
discharge or in the receiving waterbody, contact the EPA through the following
website: https://www.epa.gov/enforcement/report-environmental-violations.”
2 TECHNOLOGY-BASED EFFLUENT LIMITATIONS
You must comply with the following technology-based effluent limitations in this Part for
all authorized discharges.10
9 If the active part of the construction site is not visible from a public road, then place the notice of permit
coverage in a position that is visible from the nearest public road and as close as possible to the
construction site.
10 For each of the effluent limits in Part 2, as applicable to your site, you must include in your SWPPP (1) a
description of the specific control(s) to be implemented to meet the effluent limit; (2) any applicable
design specifications; (3) routine maintenance specifications; and (4) the projected schedule for its (their)
2017 Construction General Permit (CGP) (as modified)
Page 7
2.1 GENERAL STORMWATER CONTROL DESIGN, INSTALLATION, AND MAINTENANCE
REQUIREMENTS
You must design, install, and maintain stormwater controls required in Parts 2.2 and
2.3 to minimize the discharge of pollutants in stormwater from construction activities.
To meet this requirement, you must:
2.1.1 Account for the following factors in designing your stormwater controls:
The expected amount, frequency, intensity, and duration of precipitation;
The nature of stormwater runoff and run-on at the site, including factors such as
expected flow from impervious surfaces, slopes, and site drainage features. You must
design stormwater controls to control stormwater volume, velocity, and peak flow
rates to minimize discharges of pollutants in stormwater and to minimize channel and
streambank erosion and scour in the immediate vicinity of discharge points; and
The soil type and range of soil particle sizes expected to be present on the site.
2.1.2 Design and install all stormwater controls in accordance with good engineering
practices, including applicable design specifications.11
2.1.3 Complete installation of stormwater controls by the time each phase of construction
activities has begun.
By the time construction activity in any given portion of the site begins, install and
make operational any downgradient sediment controls (e.g., buffers, perimeter
controls, exit point controls, storm drain inlet protection) that control discharges from
the initial site clearing, grading, excavating, and other earth-disturbing activities.12
Following the installation of these initial controls, install and make operational all
stormwater controls needed to control discharges prior to subsequent earth-
disturbing activities.
2.1.4 Ensure that all stormwater controls are maintained and remain in effective operating
condition during permit coverage and are protected from activities that would reduce
their effectiveness.
Comply with any specific maintenance requirements for the stormwater controls
listed in this permit, as well as any recommended by the manufacturer.13
If at any time you find that a stormwater control needs routine maintenance, you
must immediately initiate the needed maintenance work, and complete such work
by the close of the next business day.
installation/implementation. See Part 7.2.6.
11 Design specifications may be found in manufacturer specifications and/or in applicable erosion and
sediment control manuals or ordinances. Any departures from such specifications must reflect good
engineering practices and must be explained in your SWPPP. You must also comply with any additional
design and installation requirements specified for the effluent limits in Parts 2.2 and 2.3.
12 Note that the requirement to install stormwater controls prior to each phase of construction activities for
the site does not apply to the earth disturbance associated with the actual installation of these controls.
Operators should take all reasonable actions to minimize the discharges of pollutants during the installation
of stormwater controls.
13 Any departures from such maintenance recommendations made by the manufacturer must reflect
good engineering practices and must be explained in your SWPPP.
2017 Construction General Permit (CGP) (as modified)
Page 8
If at any time you find that a stormwater control needs repair or replacement, you
must comply with the corrective action requirements in Part 5.
2.2 EROSION AND SEDIMENT CONTROL REQUIREMENTS
You must implement erosion and sediment controls in accordance with the following
requirements to minimize the discharge of pollutants in stormwater from construction
activities.
2.2.1 Provide and maintain natural buffers and/or equivalent erosion and sediment controls
when a water of the U.S. is located within 50 feet of the site’s earth disturbances.
Compliance Alternatives. For any discharges to waters of the U.S. located within 50
feet of your site’s earth disturbances, you must comply with one of the following
alternatives:
i. Provide and maintain a 50-foot undisturbed natural buffer; or
ii. Provide and maintain an undisturbed natural buffer that is less than 50 feet and is
supplemented by erosion and sediment controls that achieve, in combination,
the sediment load reduction equivalent to a 50-foot undisturbed natural buffer; or
iii. If infeasible to provide and maintain an undisturbed natural buffer of any size,
implement erosion and sediment controls to achieve the sediment load
reduction equivalent to a 50-foot undisturbed natural buffer.
See Appendix G, Part G.2 for additional conditions applicable to each compliance
alternative.
Exceptions. See Appendix G, Part G.2 for exceptions to the compliance alternatives.
2.2.2 Direct stormwater to vegetated areas and maximize stormwater infiltration and filtering to
reduce pollutant discharges, unless infeasible.
2.2.3 Install sediment controls along any perimeter areas of the site that will receive pollutant
discharges.14
Remove sediment before it has accumulated to one-half of the above-ground
height of any perimeter control.
Exception. For areas at “linear construction sites” (as defined in Appendix A) where
perimeter controls are infeasible (e.g., due to a limited or restricted right-of-way),
implement other practices as necessary to minimize pollutant discharges to perimeter
areas of the site.
2.2.4 Minimize sediment track-out.
Restrict vehicle use to properly designated exit points;
Use appropriate stabilization techniques 15 at all points that exit onto paved roads.
14 Examples of perimeter controls include filter berms, silt fences, vegetative strips, and temporary diversion
dikes.
15 Examples of appropriate stabilization techniques include the use of aggregate stone with an underlying
geotextile or non-woven filter fabric, and turf mats.
2017 Construction General Permit (CGP) (as modified)
Page 9
i. Exception: Stabilization is not required for exit points at linear utility construction
sites that are used only episodically and for very short durations over the life of the
project, provided other exit point controls 16 are implemented to minimize
sediment track-out;
Implement additional track-out controls 17 as necessary to ensure that sediment
removal occurs prior to vehicle exit; and
Where sediment has been tracked-out from your site onto paved roads, sidewalks, or
other paved areas outside of your site, remove the deposited sediment by the end of
the same business day in which the track-out occurs or by the end of the next
business day if track-out occurs on a non-business day. Remove the track-out by
sweeping, shoveling, or vacuuming these surfaces, or by using other similarly effective
means of sediment removal. You are prohibited from hosing or sweeping tracked-out
sediment into any stormwater conveyance, storm drain inlet, or water of the U.S.18
2.2.5 Manage stockpiles or land clearing debris piles composed, in whole or in part, of
sediment and/or soil:
Locate the piles outside of any natural buffers established under Part 2.2.1 and away
from any stormwater conveyances, drain inlets, and areas where stormwater flow is
concentrated;
Install a sediment barrier along all downgradient perimeter areas;19
For piles that will be unused for 14 or more days, provide cover 20 or appropriate
temporary stabilization (consistent with Part 2.2.14);
You are prohibited from hosing down or sweeping soil or sediment accumulated on
pavement or other impervious surfaces into any stormwater conveyance, storm drain
inlet, or water of the U.S.
2.2.6 Minimize dust. On areas of exposed soil, minimize dust through the appropriate
application of water or other dust suppression techniques to control the generation of
pollutants that could be discharged in stormwater from the site.
2.2.7 Minimize steep slope disturbances. Minimize the disturbance of “steep slopes” (as
defined in Appendix A).
16 Examples of other exit point controls include preventing the use of exit points during wet periods;
minimizing exit point use by keeping vehicles on site to the extent possible; limiting exit point size to the
width needed for vehicle and equipment usage; using scarifying and compaction techniques on the soil;
and avoiding establishing exit points in environmentally sensitive areas (e.g., karst areas; steep slopes).
17 Examples of additional track-out controls include the use of wheel washing, rumble strips, and rattle
plates.
18 Fine grains that remain visible (i.e., staining) on the surfaces of off-site streets, other paved areas, and
sidewalks after you have implemented sediment removal practices are not a violation of Part 2.2.4.
19 Examples of sediment barriers include berms, dikes, fiber rolls, silt fences, sandbags, gravel bags, or straw
bale.
20 Examples of cover include tarps, blown straw and hydroseeding.
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2.2.8 Preserve native topsoil, unless infeasible.21
2.2.9 Minimize soil compaction.22 In areas of your site where final vegetative stabilization will
occur or where infiltration practices will be installed:
Restrict vehicle and equipment use in these locations to avoid soil compaction; and
Before seeding or planting areas of exposed soil that have been compacted, use
techniques that rehabilitate and condition the soils as necessary to support
vegetative growth.
2.2.10 Protect storm drain inlets.
Install inlet protection measures that remove sediment from discharges prior to entry
into any storm drain inlet that carries stormwater flow from your site to a water of the
U.S., provided you have authority to access the storm drain inlet;23 and
Clean, or remove and replace, the protection measures as sediment accumulates,
the filter becomes clogged, and/or performance is compromised. Where there is
evidence of sediment accumulation adjacent to the inlet protection measure,
remove the deposited sediment by the end of the same business day in which it is
found or by the end of the following business day if removal by the same business
day is not feasible.
2.2.11 Control stormwater discharges, including both peak flowrates and total stormwater
volume, to minimize channel and streambank erosion and scour in the immediate
vicinity of discharge points. 24.
2.2.12 If you install a sediment basin or similar impoundment:
Situate the basin or impoundment outside of any water of the U.S. and any natural
buffers established under Part 2.2.1;
Design the basin or impoundment to avoid collecting water from wetlands;
Design the basin or impoundment to provide storage for either:
i. The calculated volume of runoff from a 2-year, 24-hour storm (see Appendix H); or
ii. 3,600 cubic feet per acre drained.
21 Stockpiling topsoil at off-site locations, or transferring topsoil to other locations, is an example of a
practice that is consistent with the requirements in Part 2.2.8. Preserving native topsoil is not required where
the intended function of a specific area of the site dictates that the topsoil be disturbed or removed. For
example, some sites may be designed to be highly impervious after construction, and therefore little or no
vegetation is intended to remain, or may not have space to stockpile native topsoil on site for later use, in
which case, it may not be feasible to preserve topsoil.
22 Minimizing soil compaction is not required where the intended function of a specific area of the site
dictates that it be compacted.
23 Inlet protection measures can be removed in the event of flood conditions or to prevent erosion.
24 Examples of control measures that can be used to comply with this requirement include the use of
erosion controls and/or velocity dissipation devices (e.g., check dams, sediment traps), within and along
the length of a stormwater conveyance and at the outfall to slow down runoff.
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Utilize outlet structures that withdraw water from the surface of the sediment basin or
similar impoundment, unless infeasible;25
Use erosion controls and velocity dissipation devices to prevent erosion at inlets and
outlets; and
Remove accumulated sediment to maintain at least one-half of the design capacity
and conduct all other appropriate maintenance to ensure the basin or
impoundment remains in effective operating condition.
2.2.13 If using treatment chemicals (e.g., polymers, flocculants, coagulants):
Use conventional erosion and sediment controls before and after the application of
treatment chemicals. Chemicals may only be applied where treated stormwater is
directed to a sediment control (e.g., sediment basin, perimeter control) before
discharge.
Select appropriate treatment chemicals. Chemicals must be appropriately suited to
the types of soils likely to be exposed during construction and present in the
discharges being treated (i.e., the expected turbidity, pH, and flow rate of
stormwater flowing into the chemical treatment system or area).
Minimize discharge risk from stored chemicals. Store all treatment chemicals in leak-
proof containers that are kept under storm-resistant cover and surrounded by
secondary containment structures (e.g., spill berms, decks, spill containment pallets),
or provide equivalent measures designed and maintained to minimize the potential
discharge of treatment chemicals in stormwater or by any other means (e.g., storing
chemicals in a covered area, having a spill kit available on site and ensuring
personnel are available to respond expeditiously in the event of a leak or spill).
Comply with state/local requirements. Comply with applicable state and local
requirements regarding the use of treatment chemicals.
Use chemicals in accordance with good engineering practices and specifications of
the chemical provider/supplier. Use treatment chemicals and chemical treatment
systems in accordance with good engineering practices, and with dosing
specifications and sediment removal design specifications provided by the
provider/supplier of the applicable chemicals, or document in your SWPPP specific
departures from these specifications and how they reflect good engineering
practice.
Ensure proper training. Ensure that all persons who handle and use treatment
chemicals at the construction site are provided with appropriate, product-specific
training. Among other things, the training must cover proper dosing requirements.
Perform additional measures specified by the EPA Regional Office for the authorized
use of cationic chemicals. If you have been authorized to use cationic chemicals at
your site pursuant to Part 1.1.9, you must perform all additional measures as
conditioned by your authorization to ensure that the use of such chemicals will not
cause an exceedance of water quality standards.
25 The circumstances in which it is infeasible to design outlet structures in this manner are rare. Exceptions
may include areas with extended cold weather, where using surface outlets may not be feasible during
certain time periods (although they must be used during other periods). If you determine that it is infeasible
to meet this requirement, you must provide documentation in your SWPPP to support your determination,
including the specific conditions or time periods when this exception will apply.
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2.2.14 Stabilize exposed portions of the site. Implement and maintain stabilization measures
(e.g., seeding protected by erosion controls until vegetation is established, sodding,
mulching, erosion control blankets, hydromulch, gravel) that minimize erosion from
exposed portions of the site in accordance with Parts 2.2.14a and 2.2.14b.
Stabilization Deadlines:26
Total Amount of Land Disturbance
Occurring At Any One Time 27
Deadline
i. Five acres or less (≤5.0)
Note: this includes sites disturbing more
than five acres (>5.0) total over the
course of a project, but that limit
disturbance at any one time (i.e., phase
the disturbance) to five acres or less
(≤5.0)
• Initiate the installation of stabilization measures
immediately 28 in any areas of exposed soil where
construction activities have permanently ceased or will
be temporarily inactive for 14 or more calendar days;29
and
• Complete the installation of stabilization measures as
soon as practicable, but no later than 14 calendar days
after stabilization has been initiated.30
26 EPA may determine, based on an inspection carried out under Part 4.8 and corrective actions required
under Part 5.3, that the level of sediment discharge on the site makes it necessary to require a faster
schedule for completing stabilization. For instance, if sediment discharges from an area of exposed soil that
is required to be stabilized are compromising the performance of existing stormwater controls, EPA may
require stabilization to correct this problem.
27 Limiting disturbances to five (5) acres or less at any one time means that at no time during the project do
the cumulative earth disturbances exceed five (5) acres. The following examples would qualify as limiting
disturbances at any one time to five (5) acres or less:
1. The total area of disturbance for a project is five (5) acres or less.
2. The total area of disturbance for a project will exceed five (5) acres, but the operator ensures that no
more than five (5) acres will be disturbed at any one time through implementation of stabilization
measures. In this way, site stabilization can be used to “free up” land that can be disturbed without
exceeding the five (5)-acre cap to qualify for the 14-day stabilization deadline. For instance, if an
operator completes stabilization of two (2) acres of land on a five (5)-acre disturbance, then two (2)
additional acres could be disturbed while still qualifying for the longer 14-day stabilization deadline.
28 The following are examples of activities that would constitute the immediate initiation of stabilization:
1. Prepping the soil for vegetative or non-vegetative stabilization as long as seeding, planting, and/or
installation of non-vegetative stabilization products takes place as soon as practicable, but no later
than one (1) calendar day of completing soil preparation;
2. Applying mulch or other non-vegetative product to the exposed area;
3. Seeding or planting the exposed area;
4. Starting any of the activities in # 1 – 3 on a portion of the entire area that will be stabilized; and
5. Finalizing arrangements to have stabilization product fully installed in compliance with the deadlines
for completing stabilization.
29 The requirement to initiate stabilization immediately is triggered as soon as you know that construction
work on a portion of the site is temporarily ceased and will not resume for 14 or more days, or as soon as
you know that construction work is permanently ceased. In the context of this provision, “immediately”
means as soon as practicable, but no later than the end of the next business day, following the day when
the construction activities have temporarily or permanently ceased.
30 If vegetative stabilization measures are being implemented, stabilization is considered “installed” when
all activities necessary to seed or plant the area are completed. If non-vegetative stabilization measures
are being implemented, stabilization is considered “installed” when all such measures are implemented or
applied.
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ii. More than five acres (>5.0) • Initiate the installation of stabilization measures
immediately 31 in any areas of exposed soil where
construction activities have permanently ceased or will
be temporarily inactive for 14 or more calendar days;32
and
• Complete the installation of stabilization measures as
soon as practicable, but no later than seven (7) calendar
days after stabilization has been initiated.33
iii. Exceptions:
(a) Arid, semi-arid, and drought-stricken areas (as defined in Appendix A). If it is
the seasonally dry period or a period in which drought is occurring, and
vegetative stabilization measures are being used:
(i) Immediately initiate and, within 14 calendar days of a temporary
or permanent cessation of work in any portion of your site,
complete the installation of temporary non-vegetative stabilization
measures to the extent necessary to prevent erosion;
(ii) As soon as practicable, given conditions or circumstances on the
site, complete all activities necessary to seed or plant the area to
be stabilized; and
(iii) If construction is occurring during the seasonally dry period,
indicate in your SWPPP the beginning and ending dates of the
seasonally dry period and your site conditions. Also include the
schedule you will follow for initiating and completing vegetative
stabilization.
(b) Operators that are affected by unforeseen circumstances 34 that delay the
initiation and/or completion of vegetative stabilization:
(i) Immediately initiate and, within 14 calendar days, complete the
installation of temporary non-vegetative stabilization measures to
prevent erosion;
(ii) Complete all soil conditioning, seeding, watering or irrigation
installation, mulching, and other required activities related to the
planting and initial establishment of vegetation as soon as
conditions or circumstances allow it on your site; and
(iii) Document in the SWPPP the circumstances that prevent you
from meeting the deadlines in Part 2.2.14a and the schedule you
will follow for initiating and completing stabilization.
(c) Discharges to a sediment- or nutrient-impaired water or to a water that is
identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes. Complete stabilization as soon as
31 See footnote 27
32 See footnote 28
33 See footnote 29
34 Examples include problems with the supply of seed stock or with the availability of specialized equipment
and unsuitability of soil conditions due to excessive precipitation and/or flooding.
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practicable, but no later than seven (7) calendar days after stabilization
has been initiated.
Final Stabilization Criteria (for any areas not covered by permanent structures):
i. Establish uniform, perennial vegetation (i.e., evenly distributed, without large bare
areas) that provides 70 percent or more of the cover that is provided by
vegetation native to local undisturbed areas; and/or
ii. Implement permanent non-vegetative stabilization measures 35 to provide
effective cover.
iii. Exceptions:
(a) Arid, semi-arid, and drought-stricken areas (as defined in Appendix A).
Final stabilization is met if the area has been seeded or planted to
establish vegetation that provides 70 percent or more of the cover that is
provided by vegetation native to local undisturbed areas within three (3)
years and, to the extent necessary to prevent erosion on the seeded or
planted area, non-vegetative erosion controls have been applied that
provide cover for at least three years without active maintenance.
(b) Disturbed areas on agricultural land that are restored to their
preconstruction agricultural use. The Part 2.2.14b final stabilization criteria
does not apply.
(c) Areas that need to remain disturbed. In limited circumstances, stabilization
may not be required if the intended function of a specific area of the site
necessitates that it remain disturbed, and only the minimum area needed
remains disturbed (e.g., dirt access roads, utility pole pads, areas being
used for storage of vehicles, equipment, materials).
2.3 POLLUTION PREVENTION REQUIREMENTS 36
You must implement pollution prevention controls in accordance with the following
requirements to minimize the discharge of pollutants in stormwater and to prevent the
discharge of pollutants from spilled or leaked materials from construction activities.
2.3.1 For equipment and vehicle fueling and maintenance:
Provide an effective means of eliminating the discharge of spilled or leaked
chemicals, including fuels and oils, from these activities;37
35 Examples of permanent non-vegetative stabilization measures include riprap, gravel, gabions, and
geotextiles.
36 Under this permit, you are not required to minimize exposure for any products or materials where the
exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of
a specific material or product poses little risk of stormwater contamination (such as final products and
materials intended for outdoor use).
37 Examples of effective means include:
• Locating activities away from waters of the U.S. and stormwater inlets or conveyances so that
stormwater coming into contact with these activities cannot reach waters of the U.S.;
• Providing secondary containment (e.g., spill berms, decks, spill containment pallets) and cover
where appropriate; and
• Having a spill kit available on site and ensuring personnel are available to respond expeditiously in
the event of a leak or spill.
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If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC)
requirements in 40 CFR part 112 and Section 311 of the CWA;
Ensure adequate supplies are available at all times to handle spills, leaks, and
disposal of used liquids;
Use drip pans and absorbents under or around leaky vehicles;
Dispose of or recycle oil and oily wastes in accordance with other federal, state,
tribal, or local requirements; and
Clean up spills or contaminated surfaces immediately, using dry clean up measures
(do not clean contaminated surfaces by hosing the area down), and eliminate the
source of the spill to prevent a discharge or a continuation of an ongoing discharge.
2.3.2 For equipment and vehicle washing:
Provide an effective means of minimizing the discharge of pollutants from equipment
and vehicle washing, wheel wash water, and other types of wash waters;38
Ensure there is no discharge of soaps, solvents, or detergents in equipment and
vehicle wash water; and
For storage of soaps, detergents, or solvents, provide either (1) cover (e.g., plastic
sheeting, temporary roofs) to minimize the exposure of these detergents to
precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas.
2.3.3 For storage, handling, and disposal of building products, materials, and wastes:
For building materials and building products 39, provide either (1) cover (e.g., plastic
sheeting, temporary roofs) to minimize the exposure of these products to
precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas.
Minimization of exposure is not required in cases where the exposure to precipitation
and to stormwater will not result in a discharge of pollutants, or where exposure of a
specific material or product poses little risk of stormwater contamination (such as final
products and materials intended for outdoor use).
For pesticides, herbicides, insecticides, fertilizers, and landscape materials:
i. In storage areas, provide either (1) cover (e.g., plastic sheeting, temporary roofs)
to minimize the exposure of these chemicals to precipitation and to stormwater,
or (2) a similarly effective means designed to minimize the discharge of pollutants
from these areas; and
ii. Comply with all application and disposal requirements included on the registered
pesticide, herbicide, insecticide, and fertilizer label (see also Part 2.3.5).
For diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals:
38 Examples of effective means include locating activities away from waters of the U.S. and stormwater
inlets or conveyances and directing wash waters to a sediment basin or sediment trap, using filtration
devices, such as filter bags or sand filters, or using other similarly effective controls.
39 Examples of building materials and building products typically present at construction sites include
asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures, and gravel and mulch
stockpiles.
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i. Store chemicals in water-tight containers, and provide either (1) cover (e.g.,
plastic sheeting, temporary roofs) to minimize the exposure of these containers to
precipitation and to stormwater, or (2) a similarly effective means designed to
minimize the discharge of pollutants from these areas (e.g., having a spill kit
available on site and ensuring personnel are available to respond expeditiously in
the event of a leak or spill), or provide secondary containment (e.g., spill berms,
decks, spill containment pallets); and
ii. Clean up spills immediately, using dry clean-up methods where possible, and
dispose of used materials properly. You are prohibited from hosing the area down
to clean surfaces or spills. Eliminate the source of the spill to prevent a discharge
or a furtherance of an ongoing discharge.
For hazardous or toxic wastes:40
i. Separate hazardous or toxic waste from construction and domestic waste;
ii. Store waste in sealed containers, which are constructed of suitable materials to
prevent leakage and corrosion, and which are labeled in accordance with
applicable Resource Conservation and Recovery Act (RCRA) requirements and
all other applicable federal, state, tribal, or local requirements;
iii. Store all outside containers within appropriately-sized secondary containment
(e.g., spill berms, decks, spill containment pallets) to prevent spills from being
discharged, or provide a similarly effective means designed to prevent the
discharge of pollutants from these areas (e.g., storing chemicals in a covered
area, having a spill kit available on site);
iv. Dispose of hazardous or toxic waste in accordance with the manufacturer’s
recommended method of disposal and in compliance with federal, state, tribal,
and local requirements;
v. Clean up spills immediately, using dry clean-up methods, and dispose of used
materials properly. You are prohibited from hosing the area down to clean
surfaces or spills. Eliminate the source of the spill to prevent a discharge or a
furtherance of an ongoing discharge; and
vi. Follow all other federal, state, tribal, and local requirements regarding hazardous
or toxic waste.
For construction and domestic wastes:41
i. Provide waste containers (e.g., dumpster, trash receptacle) of sufficient size and
number to contain construction and domestic wastes;
ii. Keep waste container lids closed when not in use and close lids at the end of the
business day for those containers that are actively used throughout the day. For
waste containers that do not have lids, provide either (1) cover (e.g., a tarp,
plastic sheeting, temporary roof) to minimize exposure of wastes to precipitation,
40 Examples of hazardous or toxic waste that may be present at construction sites include paints, caulks,
sealants, fluorescent light ballasts, solvents, petroleum-based products, wood preservatives, additives,
curing compounds, and acids.
41 Examples of construction and domestic waste include packaging materials, scrap construction materials,
masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, demolition debris;
and other trash or building materials.
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or (2) a similarly effective means designed to minimize the discharge of pollutants
(e.g., secondary containment);
iii. On business days, clean up and dispose of waste in designated waste containers;
and
iv. Clean up immediately if containers overflow.
For sanitary waste, position portable toilets so that they are secure and will not be
tipped or knocked over, and located away from waters of the U.S. and stormwater
inlets or conveyances.
2.3.4 For washing applicators and containers used for stucco, paint, concrete, form release
oils, curing compounds, or other materials:
Direct wash water into a leak-proof container or leak-proof and lined pit designed so
that no overflows can occur due to inadequate sizing or precipitation;
Handle washout or cleanout wastes as follows:
i. Do not dump liquid wastes in storm sewers or waters of the U.S.;
ii. Dispose of liquid wastes in accordance with applicable requirements in Part 2.3.3;
and
iii. Remove and dispose of hardened concrete waste consistent with your handling
of other construction wastes in Part 2.3.3; and
Locate any washout or cleanout activities as far away as possible from waters of the
U.S. and stormwater inlets or conveyances, and, to the extent feasible, designate
areas to be used for these activities and conduct such activities only in these areas.
2.3.5 For the application of fertilizers:
Apply at a rate and in amounts consistent with manufacturer’s specifications, or
document in the SWPPP departures from the manufacturer specifications where
appropriate in accordance with Part 7.2.6.b.ix;
Apply at the appropriate time of year for your location, and preferably timed to
coincide as closely as possible to the period of maximum vegetation uptake and
growth;
Avoid applying before heavy rains that could cause excess nutrients to be
discharged;
Never apply to frozen ground;
Never apply to stormwater conveyance channels; and
Follow all other federal, state, tribal, and local requirements regarding fertilizer
application.
2.3.6 Emergency Spill Notification Requirements
Discharges of toxic or hazardous substances from a spill or other release are prohibited,
consistent with Part 1.3.5. Where a leak, spill, or other release containing a hazardous
substance or oil in an amount equal to or in excess of a reportable quantity established
under either 40 CFR 110, 40 CFR 117, or 40 CFR 302 occurs during a 24-hour period, you
must notify the National Response Center (NRC) at (800) 424-8802 or, in the Washington,
DC metropolitan area, call (202) 267-2675 in accordance with the requirements of 40
CFR 110, 40 CFR 117, and 40 CFR 302 as soon as you have knowledge of the release. You
must also, within seven (7) calendar days of knowledge of the release, provide a
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description of the release, the circumstances leading to the release, and the date of the
release. State, tribal, or local requirements may necessitate additional reporting of spills
or discharges to local emergency response, public health, or drinking water supply
agencies.
2.4 CONSTRUCTION DEWATERING REQUIREMENTS
Comply with the following requirements to minimize the discharge of pollutants in ground
water or accumulated stormwater that is removed from excavations, trenches,
foundations, vaults, or other similar points of accumulation, in accordance with Part
1.2.2.42
2.4.1 Treat dewatering discharges with controls to minimize discharges of pollutants;43
2.4.2 Do not discharge visible floating solids or foam;
2.4.3 Use an oil-water separator or suitable filtration device (such as a cartridge filter) that is
designed to remove oil, grease, or other products if dewatering water is found to contain
these materials;
2.4.4 To the extent feasible, use vegetated, upland areas of the site to infiltrate dewatering
water before discharge. You are prohibited from using waters of the U.S. as part of the
treatment area;
2.4.5 At all points where dewatering water is discharged, comply with the velocity dissipation
requirements of Part 2.2.11;
2.4.6 With backwash water, either haul it away for disposal or return it to the beginning of the
treatment process; and
2.4.7 Replace and clean the filter media used in dewatering devices when the pressure
differential equals or exceeds the manufacturer’s specifications.
3 WATER QUALITY-BASED EFFLUENT LIMITATIONS
3.1 GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS
Discharges must be controlled as necessary to meet applicable water quality
standards. Discharges must also comply with any additional state or tribal
requirements that are in Part 9.
In the absence of information demonstrating otherwise, EPA expects that compliance
with the conditions in this permit will result in stormwater discharges being controlled as
necessary to meet applicable water quality standards. If at any time you become
aware, or EPA determines, that discharges are not being controlled as necessary to
meet applicable water quality standards, you must take corrective action as required
in Parts 5.1 and 5.2, and document the corrective actions as required in Part 5.4.
42 Uncontaminated, clear (non-turbid) dewatering water can be discharged without being routed to a
control.
43 Appropriate controls include sediment basins or sediment traps, sediment socks, dewatering tanks, tube
settlers, weir tanks, filtration systems (e.g., bag or sand filters), and passive treatment systems that are
designed to remove sediment. Appropriate controls to use downstream of dewatering controls to minimize
erosion include vegetated buffers, check dams, riprap, and grouted riprap at outlets.
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EPA may insist that you install additional controls (to meet the narrative water quality-
based effluent limit above) on a site-specific basis, or require you to obtain coverage
under an individual permit, if information in your NOI or from other sources indicates
that your discharges are not controlled as necessary to meet applicable water quality
standards. This includes situations where additional controls are necessary to comply
with a wasteload allocation in an EPA-established or approved TMDL.
If during your coverage under a previous permit, you were required to install and
maintain stormwater controls specifically to meet the assumptions and requirements
of an EPA-approved or established TMDL (for any parameter) or to otherwise control
your discharge to meet water quality standards, you must continue to implement
such controls as part of your coverage under this permit.
3.2 DISCHARGE LIMITATIONS FOR SITES DISCHARGING TO SENSITIVE WATERS 44
For any portion of the site that discharges to a sediment or nutrient-impaired water or to
a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes, you must comply with the inspection frequency specified in
4.3 and you must comply with the stabilization deadline specified in Part 2.2.14.a.iii.(c).45
If you discharge to a water that is impaired for a parameter other than a sediment-
related parameter or nutrients, EPA will inform you if any additional controls are
necessary for your discharge to be controlled as necessary to meet water quality
standards, including for it to be consistent with the assumptions of any available
wasteload allocation in any applicable TMDL, or if coverage under an individual permit
is necessary.
In addition, on a case-by-case basis, EPA may notify operators of new sites or
operators of existing sites with increased discharges that additional analyses,
stormwater controls, or other measures are necessary to comply with the applicable
44 Sensitive waters include waters that are impaired and Tier 2, Tier 2.5, and Tier 3 waters.
“Impaired waters” are those waters identified by the state, tribe, or EPA as not meeting an applicable
water quality standard and (1) requires development of a TMDL (pursuant to section 303(d) of the CWA; or
(2) is addressed by an EPA-approved or established TMDL; or (3) is not in either of the above categories but
the waterbody is covered by a pollution control program that meets the requirements of 40 CFR
130.7(b)(1). Your construction site will be considered to discharge to an impaired water if the first water of
the U.S. to which you discharge is an impaired water for the pollutants contained in the discharge from
your site. For discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to
which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system.
For assistance in determining whether your site discharges to impaired waters, EPA has developed a tool
that is available both within the electronic NOI form in NeT, and at
https://water.epa.gov/polwaste/npdes/stormwater/discharge.cfm.
Tiers 2, 2.5 and 3 refer to waters either identified by the state as high quality waters or Outstanding National
Resource Waters under 40 CFR 131.12(a)(2) and (3). For the purposes of this permit, you are considered to
discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first water of the U.S. to which you discharge is identified
by a state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3. For discharges that enter a storm sewer system prior to
discharge, the water of the U.S. to which you discharge is the first water of the U.S. that receives the
stormwater discharge from the storm sewer system. See list of Tier 2, Tier 2.5, and Tier 3 waters in Appendix F.
EPA may determine on a case-by-case basis that a site discharges to a sensitive water.
45 If you qualify for any of the reduced inspection frequencies in Part 4.4, you may conduct inspections in
accordance with Part 4.4 for any portion of your site that discharges to a sensitive water.
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antidegradation requirements, or notify you that an individual permit application is
necessary.
If you discharge to a water that is impaired for polychlorinated biphenyls (PCBs) and are
engaging in demolition of any structure with at least 10,000 square feet of floor space
built or renovated before January 1, 1980, you must:
a. Implement controls 46 to minimize the exposure of PCB-containing building
materials, including paint, caulk, and pre-1980 fluorescent lighting fixtures, to
precipitation and to stormwater; and
b. Ensure that disposal of such materials is performed in compliance with applicable
state, federal, and local laws.
4 SITE INSPECTION REQUIREMENTS
4.1 PERSON(S) RESPONSIBLE FOR INSPECTING SITE
The person(s) inspecting your site may be a person on your staff or a third party you hire
to conduct such inspections. You are responsible for ensuring that the person who
conducts inspections is a “qualified person.”47
4.2 FREQUENCY OF INSPECTIONS.48
At a minimum, you must conduct a site inspection in accordance with one of the two
schedules listed below, unless you are subject to the Part 4.3 site inspection frequency for
discharges to sensitive waters or qualify for a Part 4.4 reduction in the inspection
frequency:
4.2.1 At least once every seven (7) calendar days; or
4.2.2 Once every 14 calendar days and within 24 hours of the occurrence of a storm event of
0.25 inches or greater, or the occurrence of runoff from snowmelt sufficient to cause a
discharge.49 To determine if a storm event of 0.25 inches or greater has occurred on your
site, you must either keep a properly maintained rain gauge on your site, or obtain the
storm event information from a weather station that is representative of your location. For
any day of rainfall during normal business hours that measures 0.25 inches or greater, you
must record the total rainfall measured for that day in accordance with Part 4.7.1d.
46 Examples of controls to minimize exposure of PCBs to precipitation and stormwater include separating
work areas from non-work areas and selecting appropriate personal protective equipment and tools,
constructing a containment area so that all dust or debris generated by the work remains within the
protected area, using tools that minimize dust and heat (<212°F). For additional information, refer to Part
2.3.3 of the CGP Fact Sheet.
47 A “qualified person” is a person knowledgeable in the principles and practice of erosion and sediment
controls and pollution prevention, who possesses the appropriate skills and training to assess conditions at
the construction site that could impact stormwater quality, and the appropriate skills and training to assess
the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit.
48 Inspections are only required during the site’s normal working hours.
49 “Within 24 hours of the occurrence of a storm event” means that you must conduct an inspection within
24 hours once a storm event has produced 0.25 inches within a 24-hour period, even if the storm event is still
continuing. Thus, if you have elected to inspect bi-weekly in accordance with Part 4.2.2 and there is a storm
event at your site that continues for multiple days, and each day of the storm produces 0.25 inches or more
of rain, you must conduct an inspection within 24 hours of the first day of the storm and within 24 hours after
the end of the storm.
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4.3 INCREASE IN INSPECTION FREQUENCY FOR SITES DISCHARGING TO SENSITIVE WATERS.
For any portion of the site that discharges to a sediment or nutrient-impaired water or to
a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for
antidegradation purposes (see Part 3.2), instead of the inspection frequency specified in
Part 4.2, you must conduct inspections in accordance with the following inspection
frequencies:
Once every seven (7) calendar days and within 24 hours of the occurrence of a storm
event of 0.25 inches or greater, or the occurrence of runoff from snowmelt sufficient to
cause a discharge. To determine if a storm event of 0.25 inches or greater has occurred
on your site, you must either keep a properly maintained rain gauge on your site, or
obtain the storm event information from a weather station that is representative of your
location. For any day of rainfall during normal business hours that measures 0.25 inches or
greater, you must record the total rainfall measured for that day in accordance with Part
4.7.1d.
4.4 REDUCTIONS IN INSPECTION FREQUENCY
4.4.1 Stabilized areas.
You may reduce the frequency of inspections to twice per month for the first month,
no more than 14 calendar days apart, then once per month in any area of your site
where the stabilization steps in 2.2.14a have been completed. If construction activity
resumes in this portion of the site at a later date, the inspection frequency
immediately increases to that required in Parts 4.2 and 4.3, as applicable. You must
document the beginning and ending dates of this period in your SWPPP.
Exception. For “linear construction sites” (as defined in Appendix A) where disturbed
portions have undergone final stabilization at the same time active construction
continues on others, you may reduce the frequency of inspections to twice per
month for the first month, no more than 14 calendar days apart, in any area of your
site where the stabilization steps in 2.2.14a have been completed. After the first
month, inspect once more within 24 hours of the occurrence of a storm event of 0.25
inches or greater. If there are no issues or evidence of stabilization problems, you may
suspend further inspections. If “wash-out” of stabilization materials and/or sediment is
observed, following re-stabilization, inspections must resume at the inspection
frequency required in Part 4.4.1a Inspections must continue until final stabilization is
visually confirmed following a storm event of 0.25 inches or greater.
4.4.2 Arid, semi-arid, or drought-stricken areas (as defined in Appendix A). If it is the seasonally
dry period or a period in which drought is occurring, you may reduce the frequency of
inspections to once per month and within 24 hours of the occurrence of a storm event of
0.25 inches or greater. You must document that you are using this reduced schedule and
the beginning and ending dates of the seasonally dry period in your SWPPP. To
determine if a storm event of 0.25 inches or greater has occurred on your site, you must
either keep a properly maintained rain gauge on your site, or obtain the storm event
information from a weather station that is representative of your location. For any day of
rainfall during normal business hours that measures 0.25 inches or greater, you must
record the total rainfall measured for that day in accordance with Part 4.7.1d.
4.4.3 Frozen conditions:
If you are suspending construction activities due to frozen conditions, you may
temporarily suspend inspections on your site until thawing conditions (as defined in
Appendix A) begin to occur if:
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i. Runoff is unlikely due to continuous frozen conditions that are likely to continue at
your site for at least three (3) months based on historic seasonal averages. If
unexpected weather conditions (such as above freezing temperatures or rain
events) make discharges likely, you must immediately resume your regular
inspection frequency as described in Parts 4.2 and 4.3, as applicable;
ii. Land disturbances have been suspended; and
iii. All disturbed areas of the site have been stabilized in accordance with Part
2.2.14a.
If you are still conducting construction activities during frozen conditions, you may
reduce your inspection frequency to once per month if:
i. Runoff is unlikely due to continuous frozen conditions that are likely to continue at
your site for at least three (3) months based on historic seasonal averages. If
unexpected weather conditions (such as above freezing temperatures or rain
events) make discharges likely, you must immediately resume your regular
inspection frequency as described in Parts 4.2 and 4.3, as applicable; and
ii. Except for areas in which you are actively conducting construction activities,
disturbed areas of the site have been stabilized in accordance with Part 2.2.14a.
You must document the beginning and ending dates of this period in your SWPPP.
4.5 AREAS THAT MUST BE INSPECTED
During your site inspection, you must at a minimum inspect the following areas of your
site:
4.5.1 All areas that have been cleared, graded, or excavated and that have not yet
completed stabilization consistent with Part 2.2.14a;
4.5.2 All stormwater controls (including pollution prevention controls) installed at the site to
comply with this permit;50
4.5.3 Material, waste, borrow, and equipment storage and maintenance areas that are
covered by this permit;
4.5.4 All areas where stormwater typically flows within the site, including drainageways
designed to divert, convey, and/or treat stormwater;
4.5.5 All points of discharge from the site; and
4.5.6 All locations where stabilization measures have been implemented.
You are not required to inspect areas that, at the time of the inspection, are considered
unsafe to your inspection personnel.
4.6 REQUIREMENTS FOR INSPECTIONS
During your site inspection, you must at a minimum:
4.6.1 Check whether all stormwater controls (i.e., erosion and sediment controls and pollution
prevention controls) are properly installed, appear to be operational, and are working as
intended to minimize pollutant discharges;
50 This includes the requirement to inspect for sediment that has been tracked out from the site
onto paved roads, sidewalks, or other paved areas consistent with Part 2.2.4.
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4.6.2 Check for the presence of conditions that could lead to spills, leaks, or other
accumulations of pollutants on the site;
4.6.3 Identify any locations where new or modified stormwater controls are necessary to meet
the requirements of Parts 2 and/or 3;
4.6.4 Check for signs of visible erosion and sedimentation (i.e., sediment deposits) that have
occurred and are attributable to your discharge at points of discharge and, if applicable,
the banks of any waters of the U.S. flowing within or immediately adjacent to the site;
4.6.5 Identify any incidents of noncompliance observed;
4.6.6 If a discharge is occurring during your inspection:
Identify all discharge points at the site; and
Observe and document the visual quality of the discharge, and take note of the
characteristics of the stormwater discharge, including color; odor; floating, settled, or
suspended solids; foam; oil sheen; and other indicators of stormwater pollutants.
4.6.7 Based on the results of your inspection, complete any necessary maintenance under Part
2.1.4 and corrective action under Part 5.
4.7 INSPECTION REPORT
4.7.1 You must complete an inspection report within 24 hours of completing any site
inspection. Each inspection report must include the following:
The inspection date;
Names and titles of personnel making the inspection;
A summary of your inspection findings, covering at a minimum the observations you
made in accordance with Part 4.6, including any necessary maintenance or
corrective actions;
If you are inspecting your site at the frequency specified in Part 4.2.2, Part 4.3, or Part
4.4.1b, and you conducted an inspection because of rainfall measuring 0.25 inches
or greater, you must include the applicable rain gauge or weather station readings
that triggered the inspection; and
If you determined that it is unsafe to inspect a portion of your site, you must describe
the reason you found it to be unsafe and specify the locations to which this condition
applies.
4.7.2 Each inspection report must be signed in accordance with Appendix I, Part I.11 of this
permit.
4.7.3 You must keep a copy of all inspection reports at the site or at an easily accessible
location, so that it can be made available at the time of an on-site inspection or upon
request by EPA.
4.7.4 You must retain all inspection reports completed for this Part for at least three (3) years
from the date that your permit coverage expires or is terminated.
4.8 INSPECTIONS BY EPA
You must allow EPA, or an authorized representative of EPA, to conduct the following
activities at reasonable times. To the extent that you are utilizing shared controls that are
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not on site to comply with this permit, you must make arrangements for EPA to have
access at all reasonable times to those areas where the shared controls are located.
4.8.1 Enter onto all areas of the site, including any construction support activity areas covered
by this permit, any off-site areas where shared controls are utilized to comply with this
permit, discharge locations, adjoining waterbodies, and locations where records are
kept under the conditions of this permit;
4.8.2 Access and copy any records that must be kept under the conditions of this permit;
4.8.3 Inspect your construction site, including any construction support activity areas covered
by this permit (see Part 1.2.1c), any stormwater controls installed and maintained at the
site, and any off-site shared controls utilized to comply with this permit; and
4.8.4 Sample or monitor for the purpose of ensuring compliance.
5 CORRECTIVE ACTIONS
5.1 CONDITIONS TRIGGERING CORRECTIVE ACTION.
You must take corrective action to address any of the following conditions identified at
your site:
5.1.1 A stormwater control needs repair or replacement (beyond routine maintenance
required under Part 2.1.4); or
5.1.2 A stormwater control necessary to comply with the requirements of this permit was never
installed, or was installed incorrectly; or
5.1.3 Your discharges are causing an exceedance of applicable water quality standards; or
5.1.4 A prohibited discharge has occurred (see Part 1.3).
5.2 CORRECTIVE ACTION DEADLINES
For any corrective action triggering conditions in Part 5.1, you must:
5.2.1 Immediately take all reasonable steps to address the condition, including cleaning up
any contaminated surfaces so the material will not discharge in subsequent storm events;
5.2.2 When the problem does not require a new or replacement control or significant repair,
the corrective action must be completed by the close of the next business day;
5.2.3 When the problem requires a new or replacement control or significant repair, install the
new or modified control and make it operational, or complete the repair, by no later
than seven (7) calendar days from the time of discovery. If it is infeasible to complete the
installation or repair within seven (7) calendar days, you must document in your records
why it is infeasible to complete the installation or repair within the 7-day timeframe and
document your schedule for installing the stormwater control(s) and making it
operational as soon as feasible after the 7-day timeframe. Where these actions result in
changes to any of the stormwater controls or procedures documented in your SWPPP,
you must modify your SWPPP accordingly within seven (7) calendar days of completing
this work.
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5.3 CORRECTIVE ACTION REQUIRED BY EPA
You must comply with any corrective actions required by EPA as a result of permit
violations found during an inspection carried out under Part 4.8.
5.4 CORRECTIVE ACTION REPORT
For each corrective action taken in accordance with this Part, you must complete a
report in accordance with the following:
5.4.1 Within 24 hours of identifying the corrective action condition, document the specific
condition and the date and time it was identified.
5.4.2 Within 24 hours of completing the corrective action (in accordance with the deadlines in
Part 5.2), document the actions taken to address the condition, including whether any
SWPPP modifications are required.
5.4.3 Each corrective action report must be signed in accordance with Appendix I, Part I.11 of
this permit.
5.4.4 You must keep a copy of all corrective action reports at the site or at an easily
accessible location, so that it can be made available at the time of an on-site inspection
or upon request by EPA.
5.4.5 You must retain all corrective action reports completed for this Part for at least three (3)
years from the date that your permit coverage expires or is terminated.
6 STAFF TRAINING REQUIREMENTS
Each operator, or group of multiple operators, must assemble a “stormwater team” to
carry out compliance activities associated with the requirements in this permit.
6.1 Prior to the commencement of construction activities, you must ensure that the following
personnel 51 on the stormwater team understand the requirements of this permit and their
specific responsibilities with respect to those requirements:
Personnel who are responsible for the design, installation, maintenance, and/or repair
of stormwater controls (including pollution prevention controls);
Personnel responsible for the application and storage of treatment chemicals (if
applicable);
Personnel who are responsible for conducting inspections as required in Part 4.1; and
Personnel who are responsible for taking corrective actions as required in Part 5.
6.2 You are responsible for ensuring that all activities on the site comply with the
requirements of this permit. You are not required to provide or document formal training
for subcontractors or other outside service providers, but you must ensure that such
personnel understand any requirements of this permit that may be affected by the work
they are subcontracted to perform.
51 If the person requiring training is a new employee who starts after you commence construction activities,
you must ensure that this person has the proper understanding as required above prior to assuming
particular responsibilities related to compliance with this permit.
For emergency-related projects, the requirement to train personnel prior to commencement of
construction activities does not apply, however, such personnel must have the required training prior to NOI
submission.
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6.3 At a minimum, members of the stormwater team must be trained to understand the
following if related to the scope of their job duties (e.g., only personnel responsible for
conducting inspections need to understand how to conduct inspections):
The permit deadlines associated with installation, maintenance, and removal of
stormwater controls and with stabilization;
The location of all stormwater controls on the site required by this permit and how
they are to be maintained;
The proper procedures to follow with respect to the permit’s pollution prevention
requirements; and
When and how to conduct inspections, record applicable findings, and take
corrective actions.
6.4 Each member of the stormwater team must have easy access to an electronic or paper
copy of applicable portions of this permit, the most updated copy of your SWPPP, and
other relevant documents or information that must be kept with the SWPPP.
7 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
7.1 GENERAL REQUIREMENTS
All operators associated with a construction site under this permit must develop a SWPPP
consistent with the requirements in Part 7 prior to their submittal of the NOI.52, 53 The
SWPPP must be kept up-to-date throughout coverage under this permit.
If a SWPPP was prepared under a previous version of this permit, the operator must
review and update the SWPPP to ensure that this permit’s requirements are addressed
prior to submitting an NOI for coverage under this permit.
7.2 SWPPP CONTENTS
At a minimum, the SWPPP must include the information specified in this Part and as
specified in other parts of this permit.
7.2.1 All Site Operators. Include a list of all other operators who will be engaged in construction
activities at the site, and the areas of the site over which each operator has control.
7.2.2 Stormwater Team. Identify the personnel (by name or position) that are part of the
stormwater team, as well as their individual responsibilities, including which members
are responsible for conducting inspections.
52 The SWPPP does not establish the effluent limits and other permit terms and conditions that apply to your
site’s discharges; these limits, terms, and conditions are established in this permit.
Where there are multiple operators associated with the same site, they may develop a group SWPPP
instead of multiple individual SWPPPs. Regardless of whether there is a group SWPPP or multiple individual
SWPPPs, each operator is responsible for compliance with the permit’s terms and conditions. In other words,
if Operator A relies on Operator B to satisfy its permit obligations, Operator A does not have to duplicate
those permit-related functions if Operator B is implementing them for both operators to be in compliance
with the permit. However, Operator A remains responsible for permit compliance if Operator B fails to
implement any measures necessary for Operator A to comply with the permit. In addition, all operators
must ensure, either directly or through coordination with other operators, that their activities do not
compromise any other operators’ controls and/or any shared controls.
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7.2.3 Nature of Construction Activities.54 Include the following:
A description of the nature of your construction activities, including the age or dates
of past renovations for structures that are undergoing demolition;
The size of the property (in acres or length in miles if a linear construction site);
The total area expected to be disturbed by the construction activities (to the nearest
quarter acre or nearest quarter mile if a linear construction site);
A description of any on-site and off-site construction support activity areas covered
by this permit (see Part 1.2.1c);
The maximum area expected to be disturbed at any one time, including on-site and
off-site construction support activity areas;
A description and projected schedule for the following:
i. Commencement of construction activities in each portion of the site, including
clearing and grubbing, mass grading, demolition activities, site preparation (i.e.,
excavating, cutting and filling), final grading, and creation of soil and vegetation
stockpiles requiring stabilization;
ii. Temporary or permanent cessation of construction activities in each portion of
the site;
iii. Temporary or final stabilization of exposed areas for each portion of the site; and
iv. Removal of temporary stormwater controls and construction equipment or
vehicles, and the cessation of construction-related pollutant-generating activities.
A list and description of all pollutant-generating activities 55 on the site. For each
pollutant-generating activity, include an inventory of pollutants or pollutant
constituents (e.g., sediment, fertilizers, pesticides, paints, caulks, sealants, fluorescent
light ballasts, contaminated substrates, solvents, fuels) associated with that activity,
which could be discharged in stormwater from your construction site. You must take
into account where potential spills and leaks could occur that contribute pollutants
to stormwater discharges, and any known hazardous or toxic substances, such as
PCBs and asbestos, that will be disturbed or removed during construction;
Business days and hours for the project;
If you are conducting construction activities in response to a public emergency (see
Part 1.4), a description of the cause of the public emergency (e.g., mud slides,
earthquake, extreme flooding conditions, widespread disruption in essential public
services), information substantiating its occurrence (e.g., state disaster declaration or
similar state or local declaration), and a description of the construction necessary to
reestablish affected public services.
7.2.4 Site Map. Include a legible map, or series of maps, showing the following features of the
site:
Boundaries of the property;
54 If plans change due to unforeseen circumstances or for other reasons, the requirement to describe the
sequence and estimated dates of construction activities is not meant to “lock in” the operator to meeting
these dates. When departures from initial projections are necessary, this should be documented in the
SWPPP itself, or in associated records, as appropriate.
55 Examples of pollutant-generating activities include paving operations; concrete, paint, and stucco
washout and waste disposal; solid waste storage and disposal; and dewatering operations.
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Locations where construction activities will occur, including:
i. Locations where earth-disturbing activities will occur (note any phasing),
including any demolition activities;
ii. Approximate slopes before and after major grading activities (note any steep
slopes (as defined in Appendix A));
iii. Locations where sediment, soil, or other construction materials will be stockpiled;
iv. Any water of the U.S. crossings;
v. Designated points where vehicles will exit onto paved roads;
vi. Locations of structures and other impervious surfaces upon completion of
construction; and
vii. Locations of on-site and off-site construction support activity areas covered by
this permit (see Part 1.2.1c).
Locations of all waters of the U.S. within and one mile downstream of the site’s
discharge point. Also identify if any are listed as impaired, or are identified as a Tier 2,
Tier 2.5, or Tier 3 water;
Areas of federally listed critical habitat within the site and/or at discharge locations;
Type and extent of pre-construction cover on the site (e.g., vegetative cover, forest,
pasture, pavement, structures);
Drainage patterns of stormwater and authorized non-stormwater before and after
major grading activities;
Stormwater and authorized non-stormwater discharge locations, including:
i. Locations where stormwater and/or authorized non-stormwater will be
discharged to storm drain inlets;56 and
ii. Locations where stormwater or authorized non-stormwater will be discharged
directly to waters of the U.S.
Locations of all potential pollutant-generating activities identified in Part 7.2.3g;
Locations of stormwater controls, including natural buffer areas and any shared
controls utilized to comply with this permit; and
Locations where polymers, flocculants, or other treatment chemicals will be used and
stored.
7.2.5 Non-Stormwater Discharges. Identify all authorized non-stormwater discharges in Part
1.2.2 that will or may occur.
7.2.6 Description of Stormwater Controls.
For each of the Part 2.2 erosion and sediment control effluent limits, Part 2.3 pollution
prevention effluent limits, and Part 2.4 construction dewatering effluent limits, as
applicable to your site, you must include the following:
i. A description of the specific control(s) to be implemented to meet the effluent
limit;
56 The requirement to show storm drain inlets in the immediate vicinity of the site on your site map only
applies to those inlets that are easily identifiable from your site or from a publicly accessible area
immediately adjacent to your site.
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ii. Any applicable stormwater control design specifications (including references to
any manufacturer specifications and/or erosion and sediment control
manuals/ordinances relied upon);57
iii. Routine stormwater control maintenance specifications; and
iv. The projected schedule for stormwater control installation/implementation.
You must also include any of the following additional information as applicable.
i. Natural buffers and/or equivalent sediment controls (see Part 2.2.1 and Appendix
G). You must include the following:
(a) The compliance alternative to be implemented;
(b) If complying with alternative 2, the width of natural buffer retained;
(c) If complying with alternative 2 or 3, the erosion and sediment control(s)
you will use to achieve an equivalent sediment reduction, and any
information you relied upon to demonstrate the equivalency;
(d) If complying with alternative 3, a description of why it is infeasible for you
to provide and maintain an undisturbed natural buffer of any size;
(e) For “linear construction sites” where it is infeasible to implement
compliance alternative 1, 2, or 3, a rationale for this determination, and a
description of any buffer width retained and/or supplemental erosion and
sediment controls installed; and
(f) A description of any disturbances that are exempt under Part 2.2.1 that
occur within 50 feet of a water of the U.S.
ii. Perimeter controls for a “linear construction site” (see Part 2.2.3). For areas where
perimeter controls are not feasible, include documentation to support this
determination and a description of the other practices that will be implemented to
minimize discharges of pollutants in stormwater associated with construction
activities.
Note: Routine maintenance specifications for perimeter controls documented in the
SWPPP must include the Part 2.2.3a requirement that sediment be removed before it
has accumulated to one-half of the above-ground height of any perimeter control.
iii. Sediment track-out controls (see Parts 2.2.4b and 2.2.4c). Document the specific
stabilization techniques and/or controls that will be implemented to remove sediment
prior to vehicle exit.
iv. Sediment basins (see Part 2.2.12). In circumstances where it is infeasible to utilize
outlet structures that withdraw water from the surface, include documentation to
support this determination, including the specific conditions or time periods when this
exception will apply.
v. Treatment chemicals (see Part 2.2.13), you must include the following:
(a) A listing of the soil types that are expected to be exposed during construction
in areas of the project that will drain to chemical treatment systems. Also
include a listing of soil types expected to be found in fill material to be used in
these same areas, to the extent you have this information prior to
construction;
57 Design specifications may be found in manufacturer specifications and/or in applicable erosion and
sediment control manuals or ordinances. Any departures from such specifications must reflect good
engineering practice and must be explained in the SWPPP.
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(b) A listing of all treatment chemicals to be used at the site and why the
selection of these chemicals is suited to the soil characteristics of your site;
(c) If the applicable EPA Regional Office authorized you to use cationic
treatment chemicals for sediment control, include the specific controls and
implementation procedures designed to ensure that your use of cationic
treatment chemicals will not lead to an exceedance of water quality
standards;
(d) The dosage of all treatment chemicals to be used at the site or the
methodology to be used to determine dosage;
(e) Information from any applicable Safety Data Sheet (SDS);
(f) Schematic drawings of any chemically enhanced stormwater controls or
chemical treatment systems to be used for application of the treatment
chemicals;
(g) A description of how chemicals will be stored consistent with Part 2.2.13c;
(h) References to applicable state or local requirements affecting the use of
treatment chemicals, and copies of applicable manufacturer’s specifications
regarding the use of your specific treatment chemicals and/or chemical
treatment systems; and
(i) A description of the training that personnel who handle and apply chemicals
have received prior to permit coverage, or will receive prior to use of the
treatment chemicals at your site.
vi. Stabilization measures (see Part 2.2.14). You must include the following:
(a) The specific vegetative and/or non-vegetative practices that will be used;
(b) The stabilization deadline that will be met in accordance with Part 2.2.14.a.i-ii;
(c) If complying with the deadlines for sites in arid, semi-arid, or drought-stricken
areas, the beginning and ending dates of the seasonally dry period and the
schedule you will follow for initiating and completing vegetative stabilization;
and
(d) If complying with deadlines for sites affected by unforeseen circumstances
that delay the initiation and/or completion of vegetative stabilization,
document the circumstances and the schedule for initiating and completing
stabilization.
vii. Spill prevention and response procedures (see Part 1.3.5 and Part 2.3). You must
include the following:
(a) Procedures for expeditiously stopping, containing, and cleaning up spills,
leaks, and other releases. Identify the name or position of the employee(s)
responsible for detection and response of spills or leaks; and
(b) Procedures for notification of appropriate facility personnel, emergency
response agencies, and regulatory agencies where a leak, spill, or other
release containing a hazardous substance or oil in an amount equal to or in
excess of a reportable quantity consistent with Part 2.3.6 and established
under either 40 CFR 110, 40 CFR 117, or 40 CFR 302, occurs during a 24-hour
period. Contact information must be in locations that are readily accessible
and available to all employees.
You may also reference the existence of Spill Prevention Control and
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Countermeasure (SPCC) plans developed for the construction activity
under Part 311 of the CWA, or spill control programs otherwise required by
an NPDES permit for the construction activity, provided that you keep a
copy of that other plan on site.58
viii. Waste management procedures (see Part 2.3.3). Describe the procedures you will
follow for handling, storing and disposing of all wastes generated at your site
consistent with all applicable federal, state, tribal, and local requirements,
including clearing and demolition debris, sediment removed from the site,
construction and domestic waste, hazardous or toxic waste, and sanitary waste.
ix. Application of fertilizers (see Part 2.3.5). Document any departures from the
manufacturer specifications where appropriate.
7.2.7 Procedures for Inspection, Maintenance, and Corrective Action. Describe the procedures
you will follow for maintaining your stormwater controls, conducting site inspections, and,
where necessary, taking corrective actions, in accordance with Part 2.1.4, Part 4, and
Part 5 of this permit. Also include:
The inspection schedule you will follow, which is based on whether your site is subject
to Part 4.2 or Part 4.3, or whether your site qualifies for any of the reduced inspection
frequencies in Part 4.4;
If you will be conducting inspections in accordance with the inspection schedule in
Part 4.2.2, Part 4.3, or Part 4.4.1b, the location of the rain gauge or the address of the
weather station you will be using to obtain rainfall data;
If you will be reducing your inspection frequency in accordance with Part 4.4.1b, the
beginning and ending dates of the seasonally defined arid period for your area or
the valid period of drought;
If you will be reducing your inspection frequency in accordance with Part 4.4.3, the
beginning and ending dates of frozen conditions on your site; and
Any maintenance or inspection checklists or other forms that will be used.
7.2.8 Staff Training. Include documentation that the required personnel were, or will be, trained
in accordance with Part 6.
7.2.9 Compliance with Other Requirements.
Threatened and Endangered Species Protection. Include documentation required in
Appendix D supporting your eligibility with regard to the protection of threatened
and endangered species and designated critical habitat.
Historic Properties. Include documentation required in Appendix E supporting your
eligibility with regard to the protection of historic properties.
Safe Drinking Water Act Underground Injection Control (UIC) Requirements for Certain
Subsurface Stormwater Controls. If you are using any of the following stormwater
controls at your site, document any contact you have had with the applicable state
agency 59 or EPA Regional Office responsible for implementing the requirements for
underground injection wells in the Safe Drinking Water Act and EPA’s implementing
58 Even if you already have an SPCC or other spill prevention plan in existence, your plans will only be
considered adequate if they meet all of the requirements of this Part, either as part of your existing plan or
supplemented as part of the SWPPP.
59 For state UIC program contacts, refer to the following EPA website: https://www.epa.gov/uic.
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regulations at 40 CFR 144 -147. Such controls would generally be considered Class V
UIC wells:
i. Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or
dug hole that is deeper than its widest surface dimension, or has a subsurface
fluid distribution system);
ii. Commercially manufactured pre-cast or pre-built proprietary subsurface
detention vaults, chambers, or other devices designed to capture and infiltrate
stormwater flow; and
iii. Drywells, seepage pits, or improved sinkholes (if stormwater is directed to any
bored, drilled, driven shaft or dug hole that is deeper than its widest surface
dimension, or has a subsurface fluid distribution system).
7.2.10 SWPPP Certification. You must sign and date your SWPPP in accordance with Appendix I,
Part I.11.
7.2.11 Post-Authorization Additions to the SWPPP. Once you are authorized for coverage under
this permit, you must include the following documents as part of your SWPPP:
A copy of your NOI submitted to EPA along with any correspondence exchanged
between you and EPA related to coverage under this permit;
A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID
(i.e., permit tracking number);
A copy of this permit (an electronic copy easily available to the stormwater team is
also acceptable).
7.3 ON-SITE AVAILABILITY OF YOUR SWPPP
You must keep a current copy of your SWPPP at the site or at an easily accessible
location so that it can be made available at the time of an on-site inspection or upon
request by EPA; a state, tribal, or local agency approving stormwater management
plans; the operator of a storm sewer system receiving discharges from the site; or
representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine
Fisheries Service (NMFS).
EPA may provide access to portions of your SWPPP to a member of the public upon
request. Confidential Business Information (CBI) will be withheld from the public, but may
not be withheld from EPA, USFWS, or NMFS.60
If an on-site location is unavailable to keep the SWPPP when no personnel are present,
notice of the plan’s location must be posted near the main entrance of your
construction site.
7.4 SWPPP MODIFICATIONS
60 Information covered by a claim of confidentiality will be disclosed by EPA only to the extent of, and by
means of, the procedures set forth in 40 CFR Part 2, Subpart B. In general, submitted information protected
by a business confidentiality claim may be disclosed to other employees, officers, or authorized
representatives of the United States concerned with implementing the CWA. The authorized
representatives, including employees of other executive branch agencies, may review CBI during the
course of reviewing draft regulations.
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7.4.1 You must modify your SWPPP, including the site map(s), within seven (7) days of any of
the following conditions:
Whenever new operators become active in construction activities on your site, or you
make changes to your construction plans, stormwater controls, or other activities at
your site that are no longer accurately reflected in your SWPPP. This includes changes
made in response to corrective actions triggered under Part 5. You do not need to
modify your SWPPP if the estimated dates in Part 7.2.3f change during the course of
construction;
To reflect areas on your site map where operational control has been transferred
(and the date of transfer) since initiating permit coverage;
If inspections or investigations by EPA or its authorized representatives determine that
SWPPP modifications are necessary for compliance with this permit;
Where EPA determines it is necessary to install and/or implement additional controls
at your site in order to meet the requirements of this permit, the following must be
included in your SWPPP:
i. A copy of any correspondence describing such measures and requirements; and
ii. A description of the controls that will be used to meet such requirements.
To reflect any revisions to applicable federal, state, tribal, or local requirements that
affect the stormwater controls implemented at the site; and
If applicable, if a change in chemical treatment systems or chemically enhanced
stormwater control is made, including use of a different treatment chemical, different
dosage rate, or different area of application.
7.4.2 You must maintain records showing the dates of all SWPPP modifications. The records
must include the name of the person authorizing each change (see Part 7.2.10 above)
and a brief summary of all changes.
7.4.3 All modifications made to the SWPPP consistent with Part 7.4 must be authorized by
a person identified in Appendix I, Part I.11.b.
7.4.4 Upon determining that a modification to your SWPPP is required, if there are multiple
operators covered under this permit, you must immediately notify any operators
who may be impacted by the change to the SWPPP.
8 HOW TO TERMINATE COVERAGE
Until you terminate coverage under this permit, you must comply with all conditions and
effluent limitations in the permit. To terminate permit coverage, you must submit to EPA
a complete and accurate Notice of Termination (NOT), which certifies that you have
met the requirements for terminating in Part 8.
8.1 MINIMUM INFORMATION REQUIRED IN NOT
8.1.1 NPDES ID (i.e., permit tracking number) provided by EPA when you received coverage
under this permit;
8.1.2 Basis for submission of the NOT (see Part 8.2);
8.1.3 Operator contact information;
8.1.4 Name of site and address (or a description of location if no street address is available);
and
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8.1.5 NOT certification.
8.2 CONDITIONS FOR TERMINATING CGP COVERAGE
You must terminate CGP coverage only if one or more of the following conditions has
occurred:
8.2.1 You have completed all construction activities at your site and, if applicable,
construction support activities covered by this permit (see Part 1.2.1c), and you have met
the following requirements:
For any areas that (1) were disturbed during construction, (2) are not covered over
by permanent structures, and (3) over which you had control during the construction
activities, you have met the requirements for final vegetative or non-vegetative
stabilization in Part 2.2.14b;
You have removed and properly disposed of all construction materials, waste and
waste handling devices, and have removed all equipment and vehicles that were
used during construction, unless intended for long-term use following your termination
of permit coverage;
You have removed all stormwater controls that were installed and maintained during
construction, except those that are intended for long-term use following your
termination of permit coverage or those that are biodegradable; and
You have removed all potential pollutants and pollutant-generating activities
associated with construction, unless needed for long-term use following your
termination of permit coverage; or
8.2.2 You have transferred control of all areas of the site for which you are responsible under
this permit to another operator, and that operator has submitted an NOI and obtained
coverage under this permit; or
8.2.3 Coverage under an individual or alternative general NPDES permit has been obtained.
8.3 HOW TO SUBMIT YOUR NOT
You must use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit
your NOT for the 2017 CGP.
To access NeT, go to https://www.epa.gov/npdes/stormwater-discharges-
construction-activities#ereporting.
Waivers from electronic reporting may be granted as specified in Part 1.4.1. If the EPA
Regional Office grants you approval to use a paper NOT, and you elect to use it, you
must complete the form in Appendix K.
8.4 DEADLINE FOR SUBMITTING THE NOT
You must submit your NOT within 30 calendar days after any one of the conditions in Part
8.2 occurs.
8.5 EFFECTIVE DATE OF TERMINATION OF COVERAGE
Your authorization to discharge under this permit terminates at midnight of the calendar
day that a complete NOT is submitted to EPA.
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9 PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR
TERRITORIES
The provisions in this Part provide modifications or additions to the applicable conditions
of this permit to reflect specific additional conditions required as part of the state or tribal
CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA)
certification process, or as otherwise established by the permitting authority. The specific
additional revisions and requirements only apply to activities in those specific states,
Indian country, and areas in certain states subject to construction projects by Federal
Operators. States, Indian country, and areas subject to construction by Federal
Operators not included in this Part do not have any modifications or additions to the
applicable conditions of this permit.
9.1 EPA Region 1
9.1.1 NHR100000 State of New Hampshire
a. If you disturb 100,000 square feet or more of contiguous area, you must also apply
for an Alteration of Terrain (AoT) permit from DES pursuant to RSA 485- A:17 and
Env-Wq 1500. This requirement also applies to a lower disturbance threshold of
50,000 square feet or more when construction occurs within the protected
shoreline under the Shoreland Water Quality Protection Act (see RSA 483-B and
Env-Wq 1400). A permit application must also be filed if your project disturbs an
area of greater than 2,500 square feet, is within 50 feet of any surface water, and
has a flow path of 50 feet or longer disturbing a grade of 25 percent or greater.
Project sites with disturbances smaller than those discussed above, that have the
potential to adversely affect state surface waters, are subject to the conditions of
an AoT General Permit by Rule.
b. You must determine that any excavation dewatering discharges are not
contaminated before they will be authorized as an allowable non-stormwater
discharge under this permit (see Part 1.2.2). The water is considered
uncontaminated if there is no groundwater contamination within 1,000 feet of the
groundwater dewatering location. Information on groundwater contamination
can be generated over the Internet via the NHDES web site http://des.nh.gov/ by
using the One Stop Data Mapper at http://des.nh.gov/onestop/gis.htm. If it is
determined that the groundwater to be dewatered is near a remediation or other
waste site you must apply for the Remediation General Permit (see
https://www3.epa.gov/region1/npdes/rgp.html.)
c. You must treat any uncontaminated excavation dewatering discharges as
necessary to remove suspended solids and turbidity. The discharges must be
sampled at least once per week during weeks when discharges occur. Samples
must be analyzed for total suspended solids (TSS) or turbidity and must meet
monthly average and daily maximum limits of 50 milligrams per liter (mg/L) and 100
mg/L, respectively for TSS or 33 mg/l and 67 mg/l, respectively for turbidity. TSS
(a.k.a. Residue, Nonfilterable) or turbidity sampling and analysis must be performed
in accordance with Tables IB and II in 40 CFR 136.3 (http://www.ecfr.gov/cgi-
bin/text-
idx?SID=0243e3c4283cbd7d8257eb6afc7ce9a2&mc=true&node=se40.25.136_13&r
gn=div8). Records of any sampling and analysis must be maintained and kept with
the SWPPP for at least three years after final site stabilization.
d. Construction site owners and operators must consider opportunities for post-
construction groundwater recharge using infiltration best management practices
2017 Construction General Permit (CGP) (as modified)
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(BMPs) during site design and preparation of the SWPPP. If your construction site is
in a town that is required to obtain coverage under the NPDES General Permit for
discharges from Municipal Separate Storm Sewer Systems (MS4) you may be
required to use such practices. The SWPPP must include a description of any on-site
infiltration that will be installed as a post-construction stormwater management
measure or reasons for not employing such measures such as 1) The facility is
located in a wellhead protection area as defined in RSA 485- C:2; or 2) The facility
is located in an area where groundwater has been reclassified to GAA, GAI or GA2
pursuant to RSA 485-C and Env-DW 901; or 3) Any areas that would be exempt
from the groundwater recharge requirements contained in Env-Wq 1507.04,
including all land uses or activities considered to be a “High-load Area” (see Env-
Wq 1502.30). For design considerations for infiltration measures see Env-Wq 1508.06.
e. Appendix F contains a list of Tier 2, or high quality waters. Although there is no
official list of tier 2 waters, it can be assumed that all NH surface waters are tier 2 for
turbidity unless 1) the surface water that you are proposing to discharge into is
listed as impaired for turbidity in the states listing of impaired waters (see Surface
Water Quality - Watershed Report Cards at
http://des.nh.gov/organization/divisions/water/wmb/swqa/report_cards.htm) or 2)
sampling upstream of the proposed discharge location shows turbidity values
greater than 10 NTU. A single grab sample collected during dry weather (no
precipitation within 48 hours) is acceptable.
f. To ensure compliance with RSA 485-C, RSA 485-A, RSA 485-A:13, I(a), Env-Wq 1700
and Env-Wq 302, the following information may be requested by NHDES. This
information must be kept on site unless you receive a written request from NHDES
that it be sent to the address shown in Part 9.1.4 (g).
i. A site map required in Part 7.2.4, showing the type and location of all post-
construction infiltration BMPs utilized at the facility or the reason(s) why none
were installed;
ii. A list of all non-stormwater discharges that occur at the facility, including
their source locations and the control measures being used (see Part 1.2.2).
iii. Records of sampling and analysis of TSS required for construction
dewatering discharges (see Part 9.1.4 (c)).
g. All required or requested documents must be sent to:
NH Department of Environmental Services, Wastewater Engineering Bureau,
Permits & Compliance Section
P.O. Box 95
Concord, NH 03302-0095
9.1.2 VTR10F000 Areas in the State of Vermont subject to construction by a Federal
Operator
a. Earth disturbance at any one time is limited to five acres.
b. All areas of earth disturbance must have temporary or final stabilization within 14
days of the initial disturbance. After this time, disturbed areas must be temporarily
or permanently stabilized in advance of any runoff producing event. A runoff
producing event is an event that produces runoff from the construction site.
Temporary stabilization is not required if the work is occurring in a self-contained
2017 Construction General Permit (CGP) (as modified)
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excavation (i.e. no outlet) with a depth of two feet or greater (e.g. house
foundation excavation, utility trenches). Areas of a construction site that drain to
sediment basins are not considered eligible for this exemption, and the exemption
applies only to the excavated area itself.
c. The use of the cationic polymers is prohibited unless approved under a site-specific
plan.
d. Site inspections on active construction sites shall be conducted daily during the
period from October 15 – April 15.
e. Any applicant under EPA’s CGP shall allow authorized Agency representatives, at
reasonable times and upon presentation of credentials, to enter upon the project
site for purposes of inspecting the project and determining compliance with this
Certification.
f. The Agency may reopen and alter or amend the conditions of this Certification
over the life of the project when such action is necessary to assure compliance
with the VWQS.
9.2 EPA Region 3
9.2.1 DCR100000 District of Columbia
a. The permittee must comply with the District of Columbia Water Pollution Control
Act of 1984, as amended, (D.C. Official Code § 8-103.01 et seq.) and its
implementing regulations in Title 21, Chapters 11 and 19 of the District of Columbia
Municipal Regulations. Nothing in this permit will be construed to preclude the
institution of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties established pursuant to District of Columbia laws and
regulations.
b. The permittee must comply with the District of Columbia Stormwater Management,
and Soil Erosion and Sediment Control in Chapter 5 of Title 21 of the District of
Columbia Municipal Regulations.
c. The permittee must comply with District of Columbia Flood Management control in
Chapter 31 of Title 20 of the District of Columbia Municipal Regulations.
d. The Department may request a copy of the Stormwater Pollution Prevention Plan
(SWPP P) and the permittee is required to submit the SWPPP to the Department
within 14 days of such request. The Department may conduct an inspection of any
facility covered by this permit to ensure compliance with District’s law
requirements, including water quality standards. The Department may enforce its
certification conditions.
e. The Department may require the permittee to perform water quality monitoring
during the permit term if monitoring is necessary for the protection of public health
or the environment as designated under the authority in Chapter 19 of Title 21 of
the District of Columbia Municipal Regulations.
f. The Department may require the permittee to provide measurable verification of
the effectiveness of Best Management Practices (BMPs) and other control
measures used in the stormwater management program, including water quality
monitoring.
g. The Department has determined that compliance with this permit does not protect
the permittee from enforcement actions deemed necessary by the Department
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under its associated regulations to address an imminent threat to public health or a
significant adverse environmental impact which results in a violation of the District
of Columbia Water Pollution Control Act of 1984, as amended, (D.C. Official Code
§ 8-103.01 et seq.) and its implementing regulations.
h. The Department reserves the right to modify this Section 401 Water Quality
Certification if any changes, modifications, or deletions are made to this general
permit. In addition, the Department reserves the right to add and/or alter the
terms and conditions of this Section 401 Water Quality Certification to carry out its
responsibilities during the term of this general permit with respect to water quality,
including any revisions to District of Columbia Water Quality Standards in Chapter
11 of Title 21 of the District of Columbia Municipal Regulations.
i. Should any violation of the District’s Water Quality Standards, or the conditions of
this Section 401 Water Quality Certification occur, the Department will direct the
permittee to correct the violation(s). The Department has the right to take any
action as authorized by the District laws and regulations to address the violations of
this permit or the Water Pollution Control Act and implementing regulations.
Substantial civil and criminal penalties are authorized for discharging into District
waters in violation of an order or permit issued by the Department. This Section 401
Water Quality Certification does not relieve the permittee of the duty to comply
with other applicable District’s statutes and regulations.
j. The permittee must submit copies of Notice of Intent (NOI) and Notice of
Termination to DOEE at the same time these documents are submitted to EPA.
k. The permittee shall allow DOEE to inspect any facilities, equipment, practices, or
operations regulated or required under this permit and to access records
maintained under the conditions of this permit.
l. All required or requested documents shall be signed and sent to the: Department
of Energy & Environment, 1200 First Street, N.E., 5th Floor, Washington, DC 20002,
Attention: Associate Director, Inspection and Enforcement Division.
9.2.2 DER10F000 Areas in the State of Delaware subject to construction by a Federal
Operator
a. Federal agencies engaging in construction activities must submit, to DNREC, a
sediment and stormwater management (S&S) plan and obtain approval from
DNREC in accordance with 7 Del. C. §4010, 7 DE Admin. Code 5101, and 7 DE
Admin. Code 7201.
b. Federal agencies engaging in construction activities must provide for construction
review by a certified construction reviewer in accordance with 7 Del. C. §§4010 &
4013 and 7 DE Admin. Code 5101, subsection 6.1.6.
c. Federal agencies engaging in construction activities must certify that all
responsible personnel involved in the construction project will have attended the
blue card training prior to initiation of any land disturbing activity – see 7 Del. C. §§
4002 & 4014 and 7 DE Admin. Code 5101.
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9.3 EPA Region 5
9.3.1 MNR10I000 Indian country within the State of Minnesota
9.3.1.1 Fond du Lac Band of Lake Superior Chippewa. The following conditions apply only to
discharges on the Fond du Lac Band of Lake Superior Chippewa Reservation:
a. A copy of the Stormwater Pollution Prevention Plan (SWPPP) must be submitted to
the Office of Water Protection at least fifteen (15) days in advance of sending the
Notice of Intent (NOI) to EPA. The SWPPP can be submitted electronically to
richardgitar@FDLREZ.com or by hardcopy sent to:
Fond du Lac Reservation
Office of Water Protection
1720 Big Lake Road
Cloquet, MN 55720
CGP applicants are encouraged to work with the FDL Office of Water Protection in
the identification of all proposed receiving.
b. Copies of the Notice of Intent (NOI) and the Notice of Termination (NOT) must be
sent to the Fond du Lac Office of Water Protection at the same time they are
submitted to EPA.
c. The turbidity limit shall NOT exceed 10% of natural background within the receiving
water(s) as determined by Office of Water Protection staff.
d. Turbidity sampling must take place within 24 hours of a ½-inch or greater rainfall
event. The results of the sampling must be reported to the Office of Water
Protection within 7 days of the sample collection. All sample reporting must include
the date and time, location (GPS: UTM/Zone 15), and NTU. CGP applicants are
encouraged to work with the Office of Water Protection in determining the most
appropriate location(s) for sampling.
e. Receiving waters with open water must be sampled for turbidity prior to any
authorized discharge as determined by Office of Water Protection staff. This
requirement only applies to receiving waters in which no ambient turbidity data
exists.
f. This Certification does not pertain to any new discharge to Outstanding
Reservation Resource Waters (ORRW) as described in §105 b.3. of the Fond du Lac
Water Quality Standards (Ordinance #12/98, as amended). Although additional
waters may be designated in the future, currently Perch Lake, Rice Portage Lake,
Miller Lake, Deadfish Lake, and Jaskari Lake are designated as ORRWs. New
dischargers wishing to discharge to an ORRW must obtain an individual permit from
EPA for stormwater discharges from large and small construction activities.
g. All work shall be carried out in such a manner as will prevent violations of water
quality criteria as stated in the Water Quality Standards of the Fond du Lac
Reservation, Ordinance 12/98, as amended. This includes, but is not limited to, the
prevention of any discharge that causes a condition in which visible solids, bottom
deposits, or turbidity impairs the usefulness of water of the Fond du Lac Reservation
for any of the uses designated in the Water Quality Standards of the Fond du Lac
Reservation. These uses include wildlife, aquatic life, warm water fisheries, cold
water fisheries, subsistence fishing (netting), primary contact recreation, secondary
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contact recreation, cultural, wild rice areas, aesthetic waters, agriculture,
navigation, and commercial.
h. Appropriate steps shall be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering waters of the Fond du Lac
Reservation. All spills must be reported to the appropriate emergency
management agency (National Response Center AND the State Duty Officer), and
measures shall be taken immediately to prevent the pollution of waters of the Fond
du Lac Reservation, including groundwater. The Fond du Lac Office of Water
Protection must also be notified immediately of any spill regardless of size.
i. This certification does not authorize impacts to cultural, historical, or archeological
features or sites, or properties that may be eligible for such listing.
9.3.1.2 Grand Portage Band of Lake Superior Chippewa. The following conditions apply only to
discharges on the Grand Portage Band of Lake Superior Chippewa Reservation:
a. The CGP authorization is for construction activities that may occur within the
exterior boundaries of the Grand Portage Reservation in accordance to the Grand
Portage Land Use Ordinance. The CGP regulates stormwater discharges
associated with construction sites of one acre or more in size. Only those activities
specifically authorized by the CGP are authorized by this certification (the
“Certification”). This Certification does not authorize impacts to cultural, historical,
or archeological features or sites, or properties that may be eligible for listing as
such.
b. All construction stormwater discharges authorized by the CGP must comply with
the Water Quality Standards and Water Resources Ordinance, as well as
Applicable Federal Standards (as defined in the Water Resources Ordinance). As
such, appropriate steps must be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering the Waters of the Reservation (as
defined in the Water Resources Ordinance). All spills must be reported to the
appropriate emergency-management agency, and measures must be taken to
prevent the pollution of the Waters of the Reservation, including groundwater.
c. The 2017 CGP requires inspections and monitoring reports of the construction site
stormwater discharges by a qualified person. Monitoring and inspection reports
must comply with the minimum requirements contained in the 2017 CGP. The
monitoring plan must be prepared and incorporated into the Stormwater Pollution
Prevention Plan (the “SWPPP”). A copy of the SWPPP must be submitted to the
Board at least 30 days in advance of sending the requisite Notice of Intent to EPA.
The SWPPP should be sent to:
Grand Portage Environmental Resources Board
P.O. Box 428
Grand Portage, MN 55605
Copies of the Notice of Intent and Notice of Termination required under the CGP
must be submitted to the Board at the address above at the same time they are
submitted to the EPA.
d. If requested by the Grand Portage Environmental Department, the permittee must
provide additional information necessary for a case-by-case eligibility
determination to assure compliance with the Water Quality Standards and any
Applicable Federal Standards.
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e. Discharges that the Board has determined to be or that may reasonably be
expected to be contributing to a violation of Water Quality Standards or
Applicable Federal Standards are not authorized by this Certification.
f. The Board retains full authority provided by the Water Resources Ordinance to
ensure compliance with and to enforce the provisions of the Water Resource
Ordinance and Water Quality Standards, Applicable Federal Standards, and these
Certification conditions.
g. Appeals related to Board actions taken in accordance with any of the preceding
conditions may be heard by the Grand Portage Tribal Court.
9.3.2 WIR10I000 Indian country within the State of Wisconsin, except the Sokaogon
Chippewa (Mole Lake) Community
9.3.2.1 Bad River Band of Lake Superior Tribe of Chippewa Indians: The following conditions
apply only to discharges on the Bad River Band of the Lake Superior Tribe of Chippewa
Indians Reservation:
a. Only those activities specifically authorized by the CGP are authorized by this
Certification. This Certification does not authorize impacts to cultural properties, or
historical sites, or properties that may be eligible for listing as such.61, 62
b. All projects which are eligible for coverage under the CGP and are located within
the exterior boundaries of the Bad River Reservation shall be implemented in such
a manner that is consistent with the Tribe’s Water Quality Standards (WQS) in order
to protect Reservations waters that may be impacted by stormwater discharge
including embankments, outlets, adjacent streambanks, slopes, and downstream
waters.63
c. Operators are not eligible to obtain authorization under the CGP for all new
discharges to an Outstanding Tribal Resource Water (or Tier 3 water).64 Outstanding
Tribal Resource Waters, or Tier 3 waters, include the following: Kakagon Slough and
the lower wetland reaches of its tributaries that support wild rice, Kakagon River,
Bad River Slough, Honest John Lake, Bog Lake, a portion of Bad River, from where it
enters the Reservation through the confluence with the White River, and Potato
River.65
d. An operator proposing to discharge to an Outstanding Resource Water (or Tier 2.5
water) under the CGP must comply with the antidegradation provisions of the
Tribe’s WQS. Outstanding Resource Waters, or Tier 2.5 waters, include the following:
a portion of Bad River, from downstream the confluence with the White River to
Lake Superior, White River, Marengo River, Graveyard Creek, Bear Trap Creek,
Wood Creek, Brunsweiler River, Tyler Forks, Bell Creek, and Vaughn Creek.66 The
antidegradation demonstration materials described in provision E.4.iii. must be
submitted to the following address:
61 Bad River Band of Lake Superior Tribe of Chippewa Indians Water Quality Standards adopted by
Resolution No. 7-6-11-441 (hereafter, Tribe’s WQS).
62 36 C.F.R. § 800.16(l)(2).
63 See footnote 61.
64 Tribe’s WQS: See provisions E.3.ii. and E.4.iv.
65 Tribe’s WQS: See provision E.2.iii.
66 Tribe’s WQS: See provision E.2.ii.
2017 Construction General Permit (CGP) (as modified)
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Bad River Tribe’s Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
e. An operator proposing to discharge to an Exceptional Resource Water (or Tier 2
water) under the CGP must comply with the antidegradation provisions of the
Tribe’s WQS. Exceptional Resource Waters, or Tier 2 waters, include the following:
any surface water within the exterior boundaries of the Reservation that is not
specifically classified as an Outstanding Resource Water (Tier 2.5 water) or an
Outstanding Tribal Resource Water (Tier 3 water).67 The antidegradation
demonstration materials described in provision E.4.ii. must be submitted to the
following address:
Bad River Tribe’s Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
f. Projects utilizing cationic treatment chemicals 68 within the Bad River Reservation
boundaries are not eligible for coverage under the CGP.69
g. A discharge to a surface water within the Bad River Reservation boundaries shall
not cause or contribute to an exceedance of the turbidity criterion included in the
Tribe’s WQS, which states: Turbidity shall not exceed 5 NTU over natural background
turbidity when the background turbidity is 50 NTU or less, or turbidity shall not
increase more than 10% when the background turbidity is more than 50 NTU.70
h. All projects which are eligible for coverage under the CGP within the exterior
boundaries of the Bad River Reservation must comply with the Bad River
Reservation Wetland and Watercourse Protection Ordinance, or Chapter 323 of
the Bad River Tribal Ordinances, including the erosion and sedimentation control,
natural buffer, and stabilization requirements. Questions regarding Chapter 323
and requests for permit applications can be directed to the Wetlands Specialist in
the Tribe’s Natural Resources Department at (715) 682-7123 or wetlands@badriver-
nsn.gov.
i. An operator of a project, which is eligible for coverage under the CGP, that would
result in an allowable discharge under the CGP occurring within the exterior
boundaries of the Bad River Reservation must notify the Tribe prior to the
commencing earth-disturbing activities.71, 72 The operator must submit a copy of
the Notice of Intent (NOI) to the following addresses at the same time it is
submitted to the U.S. EPA:
67 Tribe’s WQS: See provision E.2.i.
68 See definition of cationic treatment chemicals in Appendix A of the CGP.
69 Tribe’s WQS: See provisions E.6.ii.a. and E.6.ii.c.
70 Tribe’s WQS: See provision E.7.iii.
71 See footnote 61.
72 See footnote 62.
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Bad River Tribe’s Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
Bad River Tribe’s Natural Resources Department
Attn: Tribal Historic Preservation Officer (THPO)
P.O. Box 39
Odanah, WI 54861
The operator must also submit a copy of the Notice of Termination (NOT) to the
above addresses at the same time it is submitted to the U.S. EPA.
j. The Tribal Historic Preservation Officer (THPO) must be provided 30 days to
comment on the project.73
k. The operator must obtain THPO concurrence in writing. This written concurrence will
outline measures to be taken to prevent or mitigate effects to historic properties.
For more information regarding the specifics of the cultural resources process, see
36 CFR Part 800. A best practice for an operator is to consult with the THPO during
the planning stages of an undertaking.74
l. An operator of a project, which is eligible for coverage under the CGP, that would
result in an allowable discharge under the CGP occurring within the exterior
boundaries of the Bad River Reservation must submit a copy of the Stormwater
Pollution Prevention Plan (SWPPP) to the following address at the same time as
submitting the NOI: 75
Bad River Tribe’s Natural Resources Department
Attn: Water Resources Specialist
P.O. Box 39
Odanah, WI 54861
m. Any corrective action reports that are required under the CGP must be submitted
to the following address within one (1) working day of the report completion: 76
Bad River Tribe’s Natural Resources Department
P.O. Box 39
Odanah, WI 54861
n. An operator shall be responsible for meeting any additional permit requirements
imposed by the U.S. EPA necessary to comply with the Tribe’s antidegradation
policies if the discharge point is located upstream of waters designated by the
Tribe.77
73 36 C.F.R. § 800.3(c)(4).
74 36 C.F.R. § 800.3(b).
75 See footnote 61.
76 See footnote 61.
77 See footnote 61.
2017 Construction General Permit (CGP) (as modified)
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9.3.2.2 Lac du Flambeau Band of Lake Superior Tribe of Chippewa Indians: The following
conditions apply only to discharges on the Lac du Flambeau Band of the Lake Superior
Tribe of Chippewa Indians Reservation:
a. A copy of the Stormwater Pollution Prevention Plan must be submitted to the
following office, for the Traival environmental review process, at least thirty (30)
days in advance of sending the Notice of Intent (NOI) to EPA:
Lac du Flambeau
Tribal Land Management
P.O. Box 279
Lac du Flambeau, WI 54538
CGP applicants are encouraged to work with the LdF Water Resources Program in
the identification of all proposed receiving waters.
b. Copies of the NOI and the Notice of Termination (NOT) must be sent to the LdF
Water Resources Program at the same time they are submitted to EPA.
c. All work shall be carried out in such a manner as will prevent violations of water
quality criteria as stated in the Water Quality Standards of the Lac du Flambeau
Reservation. This includes, but is not limited to, the prevention of any discharge that
cause a condition in which visible solids, bottom deposits, or turbidity impairs the
usefulness of water of the Lac du Flambeau Reservation for any of the uses
designated in the Water Quality Standards of the Lac du Flambeau Reservation.
d. Appropriate steps shall be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering waters of the Lac du Flambeau
Reservation. All spills must be reported to the appropriate emergency
management agency, and measures shall be taken immediately to prevent the
pollution of waters of the Lac du Flambeau reservation, including groundwater.
e. This certification does not authorize impacts to cultural, historical, or archeological
features or sties, or properties that may be eligible for such listing.
f. Due to the significant ecological and cultural importance of the Lac du Flambeau
Reservation, any operator requesting a permit for a point source discharge of
pollutants (i.e., discharge) associated with the Stormwater Discharge will need a
stormwater pollution prevention plan in place that does not violate Lac du
Flambeau Water Quality Standards to protect Reservation Waters.
9.4 EPA Region 6
9.4.1 NMR100000 State of New Mexico, except Indian country
a. If construction dewatering activities are anticipated at a site, permittees must
complete the following steps:
i. Investigative information must be documented in the facility SWPPP.
ii. Refer to the GWQB Mapper at https://gis.web.env.nm.gov/GWQB/ AND
the PSTB Mapper (Go Mapper) at https://gis.web.env.nm.gov/GoNM/
2017 Construction General Permit (CGP) (as modified)
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and check if the following sources are located within the noted distance
from your anticipated construct site groundwater dewatering activity:
Project Location Relative to a Source of
Potential Groundwater Contamination
Constituents likely to be required for
testing
Within 0.5 mile of an open Leaking
Underground Storage Tank (LUST) site
BTEX (Benzene, Toluene, Ethylbenzene,
and Xylene) plus additional parameters
depending on site conditions.*
Within 0.5 mile of an open Voluntary
Remediation site
All parameters listed in Appendix A (or
an alternate list approved by the NMED
SWQB)** Within 0.5 mile of an open RCRA
Corrective Action Site
Within 0.5 mile of an open Abatement
Site
Within 0.5 mile of an open Brownfield Site
Within 1.0 mile or more of a Superfund
site or National Priorities List (NPL) site with
associated groundwater contamination.
*For further assistance determining whether dewatering may encounter
impacted groundwater, the permittee may contact the NMED Ground Water
Quality Bureau at: 505-827-2965.
**EPA approved-sufficiently sensitive methods must be used - approved methods
are listed in 40 CFR Part 136.3.
ii. Indicate on the NOI that dewatering activities are anticipated. Provide
information on flow and potential to encounter impacted groundwater.
iii. Permittee must test the quality of the groundwater according to the chart
above. Hardness and pH must also be measured.
iv. Permittee must send test result data to EPA Region 6 and the NMED
Surface Water Quality Bureau. If the test data exceed standards, it cannot
be discharged from the construction site into surface waters under this
permit. Discharge to surface waters must be conducted under a separate
NPDES individual permit to ensure proper treatment and disposal.
v. If disposal will be to the ground surface or in an unlined pond, the
permittee must submit an NO/ to the NMED Ground Water Quality Bureau.
b. Operators are not eligible to obtain authorization under this permit for all new and
existing storm water discharges to outstanding national resource waters (ONRWs)
(also referred to as "Tier 3" waters.)
c. Operators who intend to obtain authorization under this permit for new and existing
storm water discharges from construction sites must satisfy the following condition:
i. The SWPPP must include site-specific interim and permanent stabilization,
managerial, and structural solids, erosion and sediment control best
management practices (BMPs) and/or other controls that are designed to
prevent to the maximum extent practicable an increase in the sediment
yield and flow velocity from pre-construction, pre-development conditions
to assure that applicable standards in 20.6.4.NMAC, including the
antidegradation policy, or TMDL waste load allocations (WLAs) are met.
This requirement applies to discharges both during construction and after
construction operations have been completed. The SWPPP must identify
2017 Construction General Permit (CGP) (as modified)
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and document the rationale for selecting these BMPs and/or other
controls. The SWPPP must also describe design specifications, construction
specifications, maintenance schedules (including a long term
maintenance plan), criteria for inspections, and expected performance
and longevity of these BMPs. For sites greater than 5 acres in size, BMP
selection must be made based on the use of appropriate soil loss
prediction models (i.e. SEDCAD, RUSLE, SEDIMOT, MULTISED, etc.) OR
equivalent generally accepted (by professional erosion control specialists)
soil loss prediction tools.
ii. For all sites, the operator(s) must demonstrate, and include
documentation in the SWPPP, that implementation of the site-specific
practices will assure that the applicable standards or TMDL WLAs are met,
and will result in sediment yields and flow velocities that, to the maximum
extent practicable, will not be greater than the sediment yield levels and
flow velocities from preconstruction, pre-development conditions.
iii. All SWPPPs must be prepared in accordance with good engineering
practices by qualified (e.g. CPESC certified, engineers with appropriate
training) erosion control specialists familiar with the use of soil loss
prediction models and design of erosion and sediment control systems
based on these models (or equivalent soil loss prediction tools).
Qualifications of the preparer (e.g., professional certifications, description
of appropriate training) must be documented in the SWPPP. The
operator(s) must design, implement, and maintain BMPs in the manner
specified in the SWPPP.
d. Permittees can call 505-827-9329 for emergencies at any time and 505-476-6000 for
non-emergencies during business hours from 5am-5pm, Monday through Friday.
9.4.2 NMR10I000 Indian country within the State of New Mexico, except Navajo Reservation
Lands that are covered under Arizona permit AZR10I000 and Ute Mountain Reservation
Lands that are covered under Colorado permit COR10I000.
9.4.2.1 Pueblo of Isleta. The following conditions apply only to discharges on the Pueblo of
Isleta Reservation:
a. CGP at 1.3 Prohibited discharges: Stormwater discharges associated with
construction activity that EPA or the Pueblo of Isleta, prior to authorization under
this perm it, determines will cause, have the reasonable potential to cause, or may
reasonably be expected to contribute to a violation or excursion of any applicable
water quality standard, including the antidegradation policy, or the impairment of
a designated use of receiving waters are not authorized by this permit.
b. CGP at 1.4.1 How to Submit Your NOI: The operator shall provide a copy of the
Notice of Intent ("NOI") to the Pueblo of Isleta at the same time it is submitted to the
U.S. Environmental Protection Agency, for projects occurring within the exterior
boundaries of the Pueblo of Isleta. The operator shall also notify the Pueblo of Isleta
when it has submitted the Notice of Termination ("NOT"). The NOI and NOT shall be
sent to the Pueblo of lsleta at the following address:
Water Quality Control Officer
Pueblo of lsleta
Environment Department
PO Box 1270
2017 Construction General Permit (CGP) (as modified)
Page 47
Isleta, NM 87022
(505) 869-9819
E-mail: POI36871@isletapueblo.com
Overnight/Express Mail Delivery
Pueblo of Isleta
Environment Department
6 Sagebrush St.
Albuquerque, NM 87105
c. CGP at 1.5 Requirement to post a notice of your permit coverage: Amend to
read: "You must post a sign or other notice of your permit coverage at a safe,
publicly accessible location in close proximity to the construction site. The notice
must be located so that it is visible from the public road or tribal road that is
nearest to the active part of the construction site…"
d. CGP at 7.2.6 Description of stormwater controls: The SWPPP will be considered to
be incomplete if the operator has not coordinated requirements under this Part
with the Pueblo of lsleta Environment Department.
e. CGP I.12.6.1 at pg.I-6 of 8. The Pueblo of Isleta requests notification within 10 hours
(rather than 24 hrs.) if health or the environment become endangered.
f. CGP at I.12.2 Anticipated noncompliance: Amend to read: "You must give
advance notice to EPA and the Pueblo of lsleta at the address indicated in
1.4.1(a) of any planned changes in the permitted facility or activity which may
results in noncompliance with permit requirements."
g. CGP at I.12.6.1: Any noncompliance for projects within the exterior boundaries of
the Pueblo of lsleta which may endanger health or the environment shall be
reported directly to the EPA Regional Office [(see contacts at https://www2.e
pa.gov/national-pollutant-discharge-elimination-system-npdes/contact-us-
stormwater#regional)l and to the Pueblo of lsleta Water Quality Control Officer.
Any information must be provided orally with n 12 hours of the time you become
aware of the circumstances. Other requirements of this Part for a written
submission apply. Electronic communication (E-mail) shall be provided as soon as
practical. Verbal notice shall be provided to:
Water Quality Control Officer
Pueblo of lsleta
E-mail: POI36871@isletapueblo.com
(505) 869-9819
(505) 917-8346 mobile
(505) 869-3030 Police Dispatch
h. CGP at 2.2 Erosion and sediment control requirements: Erosion and sediment
controls shall be designed to retain sediment on-site.
i. CGP at 2.2 Under Sediment control requirements, Standard Permit Condition Duty
to Mitigate Volumes of sediment at or over (five) 5 cubic yards must be removed
and placed for disposal within a tribally approved sediment Disposal Site, located
on Pueblo of Isleta lands. CGP 2.2 at pg. 8.
j. Under Minimize erosion, a permittee must secure permission from the Pueblo or
affected Pueblo of Isleta land assignment owner if a dissipation device needs to
2017 Construction General Permit (CGP) (as modified)
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be placed up- or down- elevation of a given construction site. CGP 2.2.11 at pg.
11.
k. CGP at 2.3.6 Emergency spill notification requirements: You must notify the Pueblo
of Isleta Water Quality Control Officer and National Response Center (NRC) [at
(800) 424-8802 or, in the Washington, DC metropolitan area, call (202) 267-2675 in
accordance with the requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302] as
soon as you have knowledge of the release. Verbal and electronic notice shall be
provided as specified in I.12.6.1
l. CGP at C.3 Equivalent analysis waiver: Parties wishing to apply for an Equivalent
Analysis Waiver (see Appendix D, Section C) must provide a copy of the waiver
analysis to the Pueblo of Isleta Water Quality Control Officer at the address
indicated in 1.4.1 (a).
9.4.2.2 Pueblo of Sandia. The following conditions apply only to discharges on the Pueblo of
Sandia Reservation:
a. Only those activities specifically authorized by the CGP are authorized by the
Pueblo of Sandia's Water Quality certification. The Pueblo of Sandia's Water
Quality Certification does not authorize impact to cultural properties, historical
sites or properties that may be eligible as such.
b. Copies of all Notices of Intent (NOI) submitted to the EPA must also be sent
concurrently to the Pueblo of Sandia at the following address. Discharges are not
authorized by this permit unless an accurate and complete NOI has been
submitted to the Pueblo of Sandia, either by mail or electronically.
Regular U .S. Delivery Mail:
Pueblo of Sandia Environment Department
Attention: Scott Bulgrin, Water Quality Manager
481 Sandia Loop
Bernalillo, New Mexico 87004
Electronically:
sbulgrin@sandiapueblo.nsn.us
c. Any correspondences between the applicant and EPA related to analytical
data, written reports, corrective action, enforcement, monitoring , or an adverse
incident written reports should likewise be routed to the Pueblo of Sandia at the
above address.
d. The Stormwater Pollution Prevention Plan (SWPPP) must be available to the Pueblo
of Sandia Environment Department either electronically or hard copy upon request
for review. The SWPPP must be made available at least fourteen (14) days before
construction begins. The fourteen (14) day period will give Pueblo staff time to
become familiar with the project site, prepare for construction site inspections, and
determine compliance with the Pueblo of Sandia Water Quality Standards. Failure
to provide a SWPPP to the Pueblo of Sandia may result in the delay or denial of the
construction project.
e. If requested by the Pueblo of Sandia Environment Department, the permittee must
provide additional information necessary for a case-by-case eligibility
determination to assure compliance with the Pueblo of Sandia Water Quality
Standards and/or applicable Federal Standards not authorized by this certification.
f. An "Authorization to Proceed Letter" with site specific mitigation requirements may
2017 Construction General Permit (CGP) (as modified)
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be sent out to the permittee when a review of the NOI and SWPPP, on a case- by-
case basis is completed by the Pueblo of Sandia Environment Department. This
approval will allow the application to proceed if all mitigation requirements are
met.
g. The Pueblo of Sandia will not allow Small construction Waivers (Appendix C) or the
Rainfall Erosivity Waiver (Appendix C.1) to be granted for any small construction
activities.
h. Before submitting a Notice of Termination (NOT) to the EPA, permittees must clearly
demonstrate to the Pueblo of Sandia Environment Department through a site visit
or documentation that requirements for site stabilization have been met and any
temporary erosion control structures have been removed. A short letter stating the
NOT is acceptable and all requirements have been met will be sent to the
permittee to add to the permittee’s NOT submission to EPA.
i. Copies of all NOT submitted to the EPA must also be sent concurrently to the
Pueblo of Sandia through the mail or electronically.
Regular U .S. Delivery Mail:
Pueblo of Sandia Environment Department
Attention: Scott Bulgrin, Water Quality Manager
481 Sandia Loop
Bernalillo, New Mexico 87004
Electronically:
sbulgrin@sandiapueblo.nsn.us
j. The Pueblo of Sandia may require the permittee to perform water quality
monitoring for pH, turbidity, and total suspended solids (TSS) during the permit term
if the discharge is to a surface water leading to the Rio Grande for the protection
of public health and the environment.
9.4.2.3 Pueblo of Santa Ana. The following conditions apply only to discharges on the Pueblo
of Santa Ana Reservation:
a. The permittee shall provide a copy of the Notice of Intent (NOI) to the Pueblo of
Santa Ana (the Pueblo), at the same time it is submitted to the U.S. Environmental
Protection Agency (EPA), for projects with discharges onto the lands of the Pueblo
as defined in the Pueblo’s antidegradation policy within the Pueblo of Santa Ana
Water Quality Standards.
b. The permittee shall provide a final copy of the Stormwater Pollution Prevention
Plan (SWPPP) to the Pueblo that is associated with any project identified in the
NOI, at the same time that an NOI is submitted to the EPA. The SWPPP should
include any projects with discharges onto the lands of the Pueblo as defined in
2017 Construction General Permit (CGP) (as modified)
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the antidegradation policy within the Pueblo of Santa Ana Water Quality
Standards.
c. The operator shall provide copies of inspections reports and of corrective action
reports to the Pueblo at the address below for review, upon request.
d. Upon completion of the project identified in the NOI, the permittee will submit a
Notice of Termination (NOT) to the Pueblo.
e. All required or requested permittee specific information identified above shall be
submitted to the following address:
Pueblo of Santa Ana Department of Natural Resources,
Attention: Water Resources Division
2 Dove Road
Santa Ana Pueblo, NM 87004
f. Discharges are not authorized by permittee unless an accurate and complete
NOI and SWPPP have been submitted to the Pueblo. Failure to provide an
accurate and complete NOI and SWPPP may result in a denial of the discharge
permit or a delay in groundbreaking or construction.
g. The permittee will not proceed with site work until authorized by the Pueblo. The
Pueblo requires review of the complete and final SWPPP before authorization to
proceed. The Pueblo will provide an "Authorization to Process" notice after review
and approval of the SWPPP.
h. The permittee could be required to perform water quality monitoring, sampling or
analysis during the active permit dates for constituents determined by the Pueblo.
i. Before submitting a NOT, permittees must certify to the Pueblo's Department of
Natural Resources in writing that requirements for site stabilization have been met,
and any temporary erosion control structures have been removed.
Documentation of the Pueblo's review that such requirements have been
reviewed and met will be provided for the permittee to add to the permittee's
NOT submission to EPA. Copies of all NOT submitted to the EPA must also be sent
to the Pueblo at the address provided above.
9.4.2.4 Pueblo of Santa Clara. The following conditions apply only to discharges on the Pueblo
of Santa Clara Reservation:
a. The operator must provide a copy of the Notice of lntent (NOI) and Notice of
Termination (NOT) to the Santa Clara Pueblo Governor's Office at the same time it
is provided to the US Environmental Protection Agency.
b. A copy of the Storm water Pollution Prevention Plan shall be made available to the
Pueblo of Santa Clara staff upon request.
9.4.2.5 Pueblo of Tesuque. The following conditions apply only to discharges on the Pueblo of
Tesuque Reservation:
a. Based on the Section 401 Certification provisions within the CWA, no discharges
that will exceed or cause the exceedance of the Pueblo of Tesuque Water Quality
Standards will be allowed within the boundaries of the Pueblo of Tesuque.
b. The operator shall provide a copy of the Notice of Intent (NOI) to the Pueblo of
Tesuque Governor’s Office in care of the Department of Environmental and
Natural Resources (DENR) at the same time it is submitted to the Environmental
2017 Construction General Permit (CGP) (as modified)
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Protection Agency, for projects occurring within the boundaries of Tesuque tribal
lands. The operator shall also notify the Pueblo of Tesuque Governor's Office in care
of the DENR when it submits the Notice of Termination (NOT), but not before the
DENR post-construction inspection has been completed as described below. The
NOI and NOT shall be sent to the following address:
Pueblo of Tesuque
Office of the Governor
Attn: DENR
20 TP828 Administration Bldg.
Santa Fe, NM 87506-5512
Alternatively, the operator may arrange with DENR to email the documents.
c. The operator shall also provide a copy of the Stormwater Pollution Prevention Plan,
copies of inspection reports, and copies of corrective action reports to the DENR.
d. Construction requiring this permit will not commence until the above document
submissions have been made and DENR provides the operator with notice to
proceed. Operators will not demobilize until DENR personnel inspect the site for
complication of stabilization. Once the inspection has taken place and all SWPPP-
related work has been completed to the satisfaction of DENR, the operator will
submit its NOT as described above and then demobilize.
9.4.2.6 Taos Pueblo. The following conditions apply only to discharges on the Taos Pueblo
Reservation:
a. The operator shall provide a copy of the Notice of Intent (NOI) to the Taos Pueblo
Governor's Office, War Chief’s Office and Environmental Office, at the same time it
is submitted to the U.S. Environmental Protection Agency, for projects occurring
within the exterior boundaries of Taos Pueblo. The operator shall also notify Taos
Pueblo when it has submitted the Notice of Termination (NOT). The NOI and NOT
shall be sent to the Taos Pueblo at the following addresses:
i. Taos Pueblo Governor 's Office
P.O. Box 1846
Taos NM 87571
ii. Taos Pueblo War Chief’s Office
P.O. Box 2596
Taos NM 87571
iii. Environmental Office
Attn: Program Manger
P.O. Box 1846
Taos NM 87571
2017 Construction General Permit (CGP) (as modified)
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b. Taos Pueblo requests that in the event Indian artifacts or human remains are
inadvertently discovered on projects occurring near or on Taos Pueblo lands that
consultation with the tribal Governor's Office occur at the earliest possible time.
c. The operator shall provide a copy of the Stormwater Pollution Prevention Plan,
copies of inspections reports, and copies of corrective action reports to staff in the
Taos Pueblo Environmental Office for review and copy, upon request.
9.4.2.7 Ohkay Owingeh. The following conditions apply only to discharges on the Ohkay
Owingeh Reservation:
a. Prior to commencement of any construction activity on Ohkay Owingeh Lands
requiring permit coverage under EPA’s Construction General Permit, the
operator(s) shall submit to Ohkay Owingeh Office of Environmental Affairs, a copy
of the electronic “Notice of Intent,” submitted to the Environmental Protection
Agency, immediately following EPA's electronic notification that the NOI has been
received. A copy of the Stormwater Pollution Prevention Plan(s) must be made
available to the Ohkay Owingeh Office of Environmental Affairs upon the tribe's
request either electronically or hard copy. Operator(s) shall also submit to Ohkay
Owingeh Office of Environmental Affairs a copy of the electronic Notice of
Termination (NOT) submitted to the Environmental Protection Agency. Documents
shall be submitted to Ohkay Owingeh at the following address:
Ohkay Owingeh Office of Environment Affairs
Attention: Environmental Programs Manager
P.O. Box 717
Ohkay Owingeh, New Mexico 87566
Office # 505.852.4212
Fax # 505.852.1432
Electronic mail: naomi.archuleta@ohkay.org
b. Ohkay Owingeh will not allow the Rainfall Erosivity Waivers (see Appendix C) to be
granted for any small construction activities.
c. All vegetation used to prevent soil loss, seeding or planting of the disturbed area(s)
to meet the vegetative stabilization requirements must utilize native
seeds/vegetation commonly known to the area. All temporary erosion control
structures, such as silt fences must be removed as soon as stabilization requirements
are met.
9.4.2.8 Pueblo of Laguna. The following conditions apply only to discharges on the Pueblo of
Laguna Reservation:
a. The operator must provide a paper and electronic copy of the Notice of Intent
(NOI) and Notice of Termination (NOT) to the Pueblo of Laguna at the same time it
is provided to the U.S. Environmental Protection Agency. The NOI and NOT should
be provided to the following address:
Pueblo of Laguna, Office of the Governor
Attn: Environmental & Natural Resources Department
P.O. Box 194
Laguna, NM 87026
Email: setter@pol-nsn.gov
b. The operator must provide an electronic copy of the Storm Water Pollution
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Prevention Plan to the Pueblo of Laguna Environmental Program at the same time
the NOI is submitted to the above listed email addresses. Any correspondences
between the applicant and EPA related to analytical data, written reports,
corrective action, enforcement, monitoring, or an adverse incident written reports
threshold likewise be routed to the Pueblo of Laguna Environmental Program.
c. Immediate initiation of consultation with the Pueblo of Laguna is required should
any human remains or artifacts be unearthed during the project that fall under the
Native American Graves Protection and Repatriation Act guidelines. If human
remains are unearthed, contact the Pueblo of Laguna Police Department at
505.552.6666. If artifacts are unearthed, contact the Pueblo of Laguna Tribal
Historic Preservation Office at 505.552.5033.
9.4.2.9 Picuris Pueblo. The following conditions apply only to discharges on the Picuris Pueblo
Reservation:
a. The operator, landowner and construction operators doing earth-disturbance work
must meet the definition of “operator” under the Construction General Permit
(CGP), and must provide an electronic and paper copy of the Notice of Intent
(NOI) and Notice of Termination (NOT) to both The Office of the Picuris Pueblo
Governor and the Picuris Pueblo Environmental Department at the same time it is
provided to the U.S. Environmental Protection Agency (USEPA). The NOI and NOT
should be provided to the following address:
Picuris Pueblo
The Office of the Governor
PO BOX 127
Penasco, NM 87553
575-587-2519
575-587-1071 (Fax)
Governor: governor@picurispueblo.org
Picuris Pueblo Environmental Department
PO BOX 158
Penasco, NM 87553
575-587-0110
575-587-0223 (Fax)
Environmental Director: environment@picurispueblo.org
b. The operator must provide an electronic copy of the Storm Water Pollution
Prevention Plan to the Picuris Pueblo Environmental Department at least 30 days
prior to submitting the NOI to USEPA and the Picuris Pueblo by email to Picuris
Pueblo Environmental Department: environment@picurispueblo.org.
9.4.2.10 Pueblo of Pojoaque. The following conditions apply only to discharges on the Pueblo of
Pojoaque Reservation:
a. The operator, landowner and construction operators doing earth-disturbance work
must meet the definition of “operator” under the CGP and must provide a copy of
the Notice of Intent (NOI) to the Pueblo of Pojoaque Governor’s Office and
Environmental Department within 3 days following U.S. Environmental Protection
Agency’s electronic confirmation that the NOI was certified and submitted and is
undergoing its 14-day review period. Additionally, a copy of the Notice of
Termination (NOT) must be provided the same day electronic confirmation is
2017 Construction General Permit (CGP) (as modified)
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received from the U.S. Environmental Protection Agency that the NOT has been
accepted. The NOI and NOT should be provided to the following address:
Pueblo of Pojoaque
Office of the Governor
78 Cities of Gold Road
Santa Fe, NM 87506
Pueblo of Pojoaque
Environmental Department
39 Camino Del Rincon
Santa Fe, NM 87506
b. The operator must provide an electronic copy of the Stormwater Pollution
Prevention Plans to the Pueblo of Pojoaque Environmental Department by email to
Adam L Duran (aduran@pojoaque.org) at least 30 days prior to submitting the NOI
to EPA and the Pueblo of Pojoaque.
9.4.2.11 Nambe Pueblo. The following conditions apply only to discharges on Nambe Pueblo:
a. The operator must provide a copy of the Notice of Intent (NOI) and Notice of
Termination (NOT) to the Nambe Pueblo Governor’s Office at the same time it is
provided to the US Environmental Protection Agency. The NOI and NOT should be
provided to the following address:
Office of the Governor
Nambe Pueblo
15A NP102 WEST
Nambe Pueblo, NM 87506
b. The operator must provide a copy of the Stormwater Pollution Prevention Plan to
Nambe Pueblo at the same time it is submitted to the EPA, either by email to
srydeen@nambepueblo.org or mailed to the above address.
9.4.3 OKR10I000 Indian country within the State of Oklahoma
9.4.3.1 Pawnee Nation. The following conditions apply only to discharges within Pawnee Indian
country:
a. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be
provided to the Pawnee Nation at the same time it is submitted to the
Environmental Protection Agency to the following address:
Pawnee Nation Department of Environmental Conservation and Safety
P.O. Box 470
Pawnee, OK 74058
Or email to mmatlock@pawneenation.org
b. The Storm Water Pollution Prevention Plan must be available to Departmental
inspectors upon request.
c. The Department must be notified at 918-762-3655 immediately upon discovery of
any noncompliance with any provision of the permit conditions.
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9.4.4 OKR10F000 Discharges in the State of Oklahoma that are not under the authority of the
Oklahoma Department of Environmental Quality, including activities associated with oil
and gas exploration, drilling, operations, and pipelines (includes SIC Groups 13 and 46,
and SIC codes 492 and 5171), and point source discharges associated with agricultural
production, services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09).
a. For activities located within the watershed of any Oklahoma Scenic River, including
the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee
Creek, and Lee Creek or any water or watershed designated “ORW” in
Oklahoma’s Water Quality Standards, this permit may only be used to authorize
discharges from temporary construction activities. Certification is denied for any
on-going activities such as sand and gravel mining or any other mineral mining.
b. For activities located within the watershed of any Oklahoma Scenic River, including
the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, Little Lee
Creek, and Lee Creek or any water or watershed designated “ORW” in
Oklahoma’s Water Quality Standards, certification is denied for any discharges
originating from support activities, including concrete or asphalt batch plants,
equipment staging yards, material storage areas, excavated material disposal
areas, or borrow areas.
c. In order to company with Oklahoma’s Water Quality Standards, these conditions
and restrictions also apply to any construction projects located wholly or partially
on Indian Country lands within the State of Oklahoma.
9.5 EPA Region 8
9.5.1 COR10I000 Indian country within the State of Colorado, as well as the portion of the Ute
Mountain Reservation located in New Mexico.
9.5.1.1 The Ute Mountain Ute Tribe. The following conditions apply only to discharges on the
Ute Mountain Ute Reservation.
a. Permittees must send the Stormwater Pollution Prevention Plan (SWPPP) to the Tribal
Environmental Department for review and approval at least 30 days before
construction starts.
b. Before submitting the Notice of Termination (NOT), permittees must clearly
demonstrate to the Tribal Environmental Department during an on-site inspection
that requirements for site stabilization have been met.
c. The permittee must send a copy of the Notice of Intent (NOI) and the Tribal
Environmental Department.
d. Permittees may submit their SWPPPs and NOI and NOT requests electronically to:
clarrick@utemountain.org.
e. Written NOIs, SWPPPs, and NOTs may be mailed to:
Colin Larrick, Water Quality Program Manager
Ute Mountain Ute Tribe
Environmental Department
P.O. Box 448
Towaoc, CO 81334
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9.5.2 MTR10I000 Indian country within the State of Montana
9.5.2.1 The Confederated Salish and Kootenai Tribes of the Flathead Nation. The following
conditions apply only to discharges on the Confederated Salish and Kootenai Tribes of
the Flathead Nation Reservation:
a. Permittees must submit the Stormwater Pollution Prevention Plan (SWPPP) to the
Confederated Salish and Kootenai Tribes at least 30 days before construction starts.
b. Before submitting the Notice of Termination (NOT), permittees must clearly
demonstrate to an appointed Tribal staff person during an onsite inspection that
requirements for site stabilization have been met.
c. The permittee must send a copy of the Notice of Intent (NOI) and the NOT to CSKT.
d. Permittees may submit their SWPPPs, NOIs and NOTs electronically to:
clintf@cskt.org.
e. Written SWPPPs, NOIs and NOTs may be mailed to:
Clint Folden, Water Quality Regulatory Specialist
Confederated Salish and Kootenai Tribes
Natural Resources Department
P.O. Box 278
Pablo, MT 59855
9.6 EPA Region 9
9.6.1 AZR10I000 Indian Country within the state of Arizona, as well as Navajo Nation lands in
New Mexico and Utah
9.6.1.1 Navajo Nation. The following conditions apply only to discharges on the Navajo Nation
reservation:
a. Courtesy copies of Notice of Intents and stormwater pollution prevention plans shall
be made available to Navajo EPA.
b. Copies of all monitoring reports must be provided to Navajo EPA.
c. Facilities covered under the CGP will be subject to compliance inspections by
Navajo EPA staff with active Federal Inspector Credentials under the authority of
the Clean Water Act.
d. Specific awareness and adherence to Sections 201 – Anti-degradation Policy, 203 –
Narrative WQS, and 207.H - Turbidity.
9.6.2 CAR10I000 Indian country within the State of California
9.6.2.1 Twenty-Nine Palms Band of Mission Indians. The following conditions apply only to
discharges on the Twenty-Nine Palms Band of Mission Indians Reservation:
a. At the time the applicant submits its Notice of Intent (NOI) to the EPA, the
applicant must concurrently submit written notification of the NOI and a copy of
the Stormwater Pollution Prevention Plan (SWPPP) to the Twenty-Nine Palms Band of
Mission Indians at the address below:
Tribal Environmental Coordinator
Twenty-Nine Palms Band of Mission Indians
46-200 Harrison Place
2017 Construction General Permit (CGP) (as modified)
Page 57
Coachella, CA 92236
b. The applicant must also concurrently submit to the Tribal Environmental
Coordinator written notification of any other forms or information submitted to the
EPA, including waivers, reporting, and Notice of Termination (NOT).
c. Permitted entities under the CGP must keep the Tribal EPA informed of authorized
discharges under the CGP by submitting written information about the type,
quantity, frequency and location, intended purpose, and potential human health
and/or environmental effects of their activities. These requirements are pursuant to
Section 4 of the Twenty-Nine Palms Band of Mission Indians Water Pollution Control
Ordinance (022405A). This information may be submitted to Tribal EPA in the form of
Stormwater Pollution Prevention Plans (SWPPPs), monitoring reports, or other reports
as required under the CGP. Spills, leaks, or unpermitted discharges must be
reported in writing to Tribal EPA within 24 hours of the incident.
9.6.2.2 Morongo Band of Mission Indians. The following conditions apply only to discharges on
the Morongo Band of Mission Indians Reservation:
a. This certification does not exempt, and is provisional upon compliance with, other
applicable statutes and codes administered by federal and tribal agencies.
Pursuant to the Morongo Band of Mission Indians Surface Water Quality Protection
Ordinance (Ordinance 39), all unpermitted discharges must be reported to the
Morongo Band of Mission Indians Environmental Protection Department (Morongo
EPD) within 24 hours of the incident.
b. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) and
stormwater pollution prevention plan (SWPPP) to the Morongo EPD at the same
time it is submitted electronically to the EPA.
c. The operator shall allow the Morongo EPD or its designee to inspect and sample at
the construction site as needed.
Correspondence should be submitted to:
Morongo Band of Mission Indians
Environmental Protection Department
12700 Pumarra Road
Banning, CA 92220
Phone: (951) 755-5128
Email: epd@morongo-nsn.gov
9.6.3 GUR100000 Island of Guam. The following conditions apply only to discharges on the
Island of Guam:
a. Any earth-moving operations which require a permit must be obtained from the
Department of Public Works (DPW) with clearance approval from various
Government of Guam Agencies including Guam EPA prior to the start of any earth-
moving activity.
b. In the event that the construction sites are within the Guam Sole Source Aquifer,
the construction site owner and operator must consider opportunities to facilitate
groundwater recharge for construction and post-construction implementing
infiltration Best Management Practices. Stormwater disposal systems shall be
designed and operated within the boundaries of the project. Stormwater systems
shall not be permitted within any Wellhead Protection Zone unless the discharge
meets the Guam Water Quality Standards within the zone. Waters discharged
2017 Construction General Permit (CGP) (as modified)
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within the identified category G-2 recharge zone shall receive treatment to the
degree required to protect the drinking water quality prior to it entering the
category G-1 resource zone.
c. All conditions and requirements set forth in the 22 Guam Administrative Rules and
Regulations (GARR), Division II, Water Control, Chapter 10, Guam Soil Erosion and
Sediment Control Regulations (GSESCR) that are more protective than the CGP
regarding construction activities must be complied with.
d. All standards and requirements set forth in the 22 GARR, Division II, Water Control,
Chapter 5, Guam Water Quality Standards (GWQS) 2001 Revisions, must be
complied with to include reporting GWQS exceedance to Guam EPA.
e. All operators/owners of any property development or earth moving activities shall
comply with the erosion control pre-construction and post-construction BMP design
performance standards and criteria set forth in the 2006 CNMI and Guam
Stormwater Management Manual.
f. All conditions and requirements regarding dewatering activities set forth in 22
Guam Administrative Rules and Regulations Chapter 7, Water Resources
Development and Operating Regulations must be complied with to include
securing permits with Guam EPA prior to the start of any dewatering activities.
g. If a project to be developed is covered under the Federal Stormwater Regulations
(40 CFR Parts 122 & 123), a Notice of Intent (NOI) to discharge stormwater to the
surface and marine waters of Guam must be submitted to the U.S. EPA and a copy
furnished to Guam EPA, pursuant to Section 10, 104(B)(5)(d) 22GAR, Division II,
Chapter 10.
h. Guam EPA shall apply the Buffer Requirements listed in Appendix G of the CGP
NPDES Permit for construction activities as it pertains to Waters of the U.S. in Guam.
Guam EPA shall also apply the same buffer requirements for sinkholes in Guam.
i. When Guam EPA, through its permit review process, identifies that the proposed
construction activity is close proximity to marine waters, contractors and owners will
be informed that any activity that may impair water quality are required to stop
during peak coral spawning periods as per the Guam Coral Spawning
Construction Moratoriums.
j. The Proposed Construction General Permit must set appropriate measures and
conditions to protect Guam’s Threatened and Endangered Species and
Outstanding Resource Waters of exceptional recreational or ecological
significance as determined by the Guam EPA Administrator as per Guam Water
Quality Standards 2001 Revisions, §5102, Categories of Waters, D. Outstanding
Resource Waters.
k. When Guam EPA through its permit review process identifies that proposed
construction activity is in close proximity to any Section 303d impaired waters,
which includes marine waters and surface waters, shall ensure that construction
activity does not increase the impaired water’s ambient parameters.
l. When Rainfall Erosivity and TMDL Waivers reflected in the CGP, Appendix C, are
submitted to the U.S. EPA, Guam EPA will review waivers on a project by project
basis.
m. Prior to submission of the Notice of Termination (NOT) to the U.S. EPA, permittees
must clearly demonstration to Guam EPA that the project site has met all soil
2017 Construction General Permit (CGP) (as modified)
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stabilization requirements and removal of any temporary erosion control as
outlined in the GSESCR.
9.7 EPA Region 10
9.7.1 IDR100000 State of Idaho, except Indian country
a. Idaho’s Antidegradation Policy. The WQS contain an antidegradation policy
providing three levels of protection to water bodies in Idaho (IDAPA 58.01.02.051).
1. Tier I Protection. The first level of protection applies to all water bodies subject
to Clean Water Act jurisdiction and ensures that existing uses of a water body
and the level of water quality necessary to protect those existing uses will be
maintained and protected (IDAPA 58.01.02.051.01; 58.01.02.052.01).
Additionally, a Tier 1 review is performed for all new or reissued permits or
licenses (IDAPA 58.01.02.052.05).
2. Tier II Protection. The second level of protection applies to those water bodies
considered high quality and ensures that no lowering of water quality will be
allowed unless deemed necessary to accommodate important economic or
social development (IDAPA 58.01.02.051.02; 58.01.02.052.08).
3. Tier III Protection. The third level of protection applies to water bodies that have
been designated outstanding resource waters and requires that activities not
cause a lowering of water quality (IDAPA 58.01.02.051.03; 58.01.02.052.09).
DEQ is employing a water body by water body approach to implementing
Idaho’s antidegradation policy. This approach means that any water body fully
supporting its beneficial uses will be considered high quality (IDAPA
58.01.02.052.05.a). Any water body not fully supporting its beneficial uses will be
provided Tier I protection for that use, unless specific circumstances warranting Tier
II protection are met (IDAPA 58.01.02.052.05.c). The most recent federally
approved Integrated Report and supporting data are used to determine support
status and the tier of protection (IDAPA 58.01.02.052.05).
b. Pollutants of Concern. The primary pollutants of concern associated with
stormwater discharges from construction activities are sediment, typically
measured as total suspended solids and turbidity. Other potential pollutants
include the following: phosphorus, nitrogen, pesticides, organics, metals, PCBs,
petroleum products, construction chemicals, and solid wastes.
c. Receiving Water Body Level of Protection. The CGP provides coverage to
construction activities throughout the entire State of Idaho. Because of the
statewide applicability, all of the jurisdictional waters within Idaho could potentially
receive discharges either directly or indirectly from activities covered under the
CGP. DEQ applies a water body by water body approach to determine the level
of antidegradation a water body will receive.
All waters in Idaho that receive discharges from activities authorized under the
CGP will receive, at minimum Tier I antidegradation protection because Idaho’s
antidegradation policy applies to all waters of the state. Water bodies that fully
support their aquatic life or recreational uses are considered to be high quality
waters and will receive Tier II antidegradation protection.
Although Idaho does not currently have any Tier III designated outstanding
resource waters (ORWs) designated, it is possible for a water body to be
designated as an ORW during the life of the CGP. Because of this potential, the
antidegradation review also assesses whether the permit complies with the
2017 Construction General Permit (CGP) (as modified)
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outstanding resource water requirements of Idaho’s antidegradation policy.
To determine the support status of the receiving water body, persons filing a Notice
of Intent (NOI) for coverage under this general permit must use the most recent
EPA-approved Integrated Report, available on Idaho DEQ’s website:
http://www.deq.idaho.gov/water-quality/surface-water/monitoring-
assessment/integrated-report/.
High quality waters are identified in Categories 1 and 2 of the Integrated Report. If
a water body is in either Category 1 or 2, it is a Tier II water body.
Unassessed waters are identified as Category 3 of DEQ’s Integrated Report. These
waters require a case-by-case determination to be made by DEQ based on
available information at the time of the application for permit coverage. If a water
body is unassessed, the applicant is directed to contact DEQ for assistance in filing
the NOI.
Impaired waters are identified in Categories 4 and 5 of the Integrated Report.
Category 4(a) contains impaired waters for which a TMDL has been approved by
EPA. Category 4(b) contains impaired waters for which controls other than a TMDL
have been approved by EPA. Category 5 contains waters which have been
identified as “impaired,” for which a TMDL is needed. These waters are Tier I waters,
for the use which is impaired. With the exception, if the aquatic life uses are
impaired for any of these three pollutants—dissolved oxygen, pH, or temperature—
and the biological or aquatic habitat parameters show a health, balanced
biological community, then the water body shall receive Tier II protection, in
addition to Tier I protection, for aquatic life uses (IDAPA 58.01.02.052.05.c.i.).
DEQ’s webpage also has a link to the state’s map-based Integrated Report which
presents information from the Integrated Report in a searchable, map-based
format: http://www.deq.idaho.gov/assistance-resources/maps-data/.
Water bodies can be in multiple categories for different causes. If assistance is
needed in using these tools, or if additional information/clarification regarding the
support status of the receiving water body is desired, the operator is directed to
make contact with the appropriate DEQ regional office of the State office in the
table below:
Regional
and State
Office
Address Phone
Number
Email
Boise 1445 N.
Orchard Rd.,
Boise 83706
208-373-
0550
Kati.carberry@deq.idaho.gov
Coeur
d’Alene
2110 Ironwood
Parkway,
Coeur D’Alene
83814
208-769-
1422
June.bergquist@deq.idaho.gov
Idaho Falls 900 N. Skyline,
Suite B., Idaho
Falls 83402
208-528-
2650
Troy.saffle@deq.idaho.gov
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Page 61
Lewiston 1118 “F” St.,
Lewiston 83501
208-799-
4370
Mark.sellet@deq.idaho.gov
Pocatello 444 Hospital
way, #300
Pocatello
83201
208-236-
6160
Lynn.vanevery@deq.idaho.gov
Twin Falls 650 Addison
Ave., W., Suite
110, Twin Falls
83301
208-736-
2190
Balthasar.buhidar@deq.idaho.gov
State
Office
1410 N. Hilton
Rd., Boise
83706
208-373-
0502
Nicole.deinarowicz@deq.idaho.gov
d. Turbidity Monitoring. The permittee must conduct turbidity monitoring during
construction activities and thereafter on days where there is a direct discharge of
pollutants from an unstabilized portion of the site which is causing a visible plume to
a water of the U.S.
A properly and regularly calibrated turbidimeter is required for measurements
analyzed in the field (preferred method), but grab samples may be collected and
taken to a laboratory for analysis. If the permittee can demonstrate that there will
be no direct discharge from the construction site, then turbidity monitoring is not
required. When monitoring is required, a sample must be taken at an undisturbed
area immediately upstream of the project area to establish background turbidity
levels for the monitoring event. Background turbidity, location, date and time must
be recorded prior to monitoring downstream of the project area. A sample must
also be taken immediately downstream from any point of discharge and within
any visible plume. The turbidity, location, date and time must be recorded. The
downstream sample must be taken immediately following the upstream sample in
order to obtain meaningful and representative results.
Results from the compliance point sampling or observation78 must be compared to
the background levels to determine whether project activities are causing an
exceedance of state WQS. If the downstream turbidity is 50 NTUs or more than the
upstream turbidity, then the project is causing an exceedance of WQS. Any
exceedance of the turbidity standard must be reporting to the appropriate DEQ
regional office within 24 hours. The following six (6) steps should be followed to
ensure compliance with the turbidity standard:
1. If a visible plume is observed, quantify the plume by collecting turbidity
measurements from within the plume and compare the results to Idaho’s
instantaneous numeric turbidity criterion (50 NTU over the background).
78 A visual observation is only acceptable to determine whether BMPs are functioning properly. If a plume is
observed, the project may be causing an exceedance of WQS and the permittee must collect turbidity
data and inspect the condition of the projects BMPs. If the BMPs appear to be functioning to their fullest
capability and the turbidity is 50 NTUs or more than the upstream turbidity, then the permittee must modify
the activity or implement additional BMPs (this may also include modifying existing BMPs).
2017 Construction General Permit (CGP) (as modified)
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2. If turbidity is less than 50 NTU instantaneously over the background
turbidity; continue monitoring as long as the plume is visible. If turbidity
exceeds background turbidity by more than 50 NTU instantaneously then
stop all earth disturbing construction activities and proceed to step 3.
3. Take immediate action to address the cause of the exceedance. That
may include inspection the condition of project BMPs. If the BMPs are
functioning to their fullest capability, then the permittee must modify
project activities and/or BMPs to correct the exceedance.
4. Notify the appropriate DEQ regional office within 24 hours.
5. Possibly increase monitoring frequency until state water quality standards
are met.
6. Continue earth disturbing construction activities once turbidity readings
return to within 50 NTU instantaneously and 25 NTU for more than ten
consecutive days over the background turbidity.
Copies of daily logs for turbidity monitoring must be available to DEQ upon
request. The report must describe all exceedances and subsequent actions
taken, including the effectiveness of the action.
e. Reporting of Discharges Containing Hazardous Materials or Petroleum Products. All
spills of hazardous material, deleterious material or petroleum products which may
impact waters (ground and surface) of the state shall be immediately reported.
Call 911 if immediate assistance is required to control, contain or clean up the spill.
If no assistance is needed in cleaning up the spill, contact the appropriate DEQ
regional office in the table below during normal working hours or Idaho State
Communications Center after normal working hours. If the spilled volume is above
federal reportable quantities, contact the National Repose Center.
For immediate assistance: Call 911
National Response Center: (800) 424-8802
Idaho State Communications Center: (208) 632-8000
Regional office Toll Free Phone Number Phone Number
Boise 888-800-3480 208-373-0321
Coeur d’Alene 877-370-0017 208-769-1422
Idaho Falls 800-232-4635 208-528-2650
Lewiston 977-547-3304 208-799-4370
Pocatello 888-655-6160 208-236-6160
Twin Falls 800-270-1663 208-736-2190
9.7.2 IDR10I000 Indian country within the State of Idaho, except Duck Valley Reservation
lands (see Region 9)
9.7.2.1 Shoshone-Bannock Tribes. The following conditions apply only to discharges on the
Shoshone-Bannock Reservation:
f. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) to the
Shoshone-Bannock Tribes Water Resources Department at the same time it is
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submitted electronically to the Environmental Protection Agency (EPA) and shall
provide the Shoshone-Bannock Tribes Water Resources Department the
acknowledgement of receipt of the NOI from the EPA within 7 calendar days of
receipt from the EPA.
9.7.3 WAR10F000 Areas in the State of Washington, except those located on Indian country,
subject to construction activity by a Federal Operator. The following conditions apply
only to discharges on federal facilities in the State of Washington:
a. Discharges shall not cause or contribute to a violation of surface water quality
standards (Chapter 173-201A WAC), groundwater quality standards (Chapter 173-
200 WAC), sediment management standards (Chapter 173-204 WAC), and human
health-based criteria in the National Toxics Rule (40 CFR Part 131.36). Discharges
that are not in compliance with these standards are not authorized.
b. Prior to the discharge of stormwater and non-storm water to waters of the State,
the Permittee must apply all known, available, and reasonable methods of
prevention, control, and treatment (AKART). This includes the preparation and
implementation of an adequate SWPPP, with all appropriate BMPs installed and
maintained in accordance with the SWPPP and the terms and conditions of this
permit.
c. Permittees who discharge to segments of waterbodies listed as impaired by the
State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine
sediment, phosphorus, or pH must comply with the following numeric effluent limits:
Parameter Identified
in 303{d) Listing
Parameter
Sampled
Unit Analytical Method Numeric
Effluent Limit
• Turbidity
• Fine Sediment
• Phosphorus
Turbidity NTU SM2130 or EPA 180.1 25 NTUs at the
point where the
stormwater is
discharged
from the site.
High pH pH Su pH meter In the range of
6.5 – 8.5
d. All references and requirements associated with Section 303(d) of the Clean Water
Act mean the most current EPA approved listing of impaired waters that exists on
February 16, 2017, or the date when the operator's complete permit application is
received by EPA, whichever is later.
e. Discharges to waterbodies subject to an applicable Total Maximum Daily Load
(TMDL) for turbidity, fine sediment, high pH, or phosphorus, shall be consistent with
the assumptions and requirements of the TMDL.
i. Where an applicable TMDL sets specific waste load allocations or
requirements for discharges covered by this permit, discharges shall be
consistent with any specific waste load allocations or requirements
establish by the applicable TMDL.
ii. Where an applicable TMDL has established a general waste load
allocation for construction stormwater discharges, but no specific
requirements have been identified, compliance with this permit will be
assumed to be consistent with the approved TMDL.
2017 Construction General Permit (CGP) (as modified)
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iii. Where an applicable TMDL has not specified a waste load allocation for
construction stormwater discharges, but has not excluded these
discharges, compliance with this permit will be assumed to be consistent
with the approved TMDL.
iv. Where an applicable TMDL specifically precludes or prohibits discharges
from construction activity, the operator is not eligible for coverage under
this permit.
v. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or
phosphorus, which has been completed and approved by EPA prior to
February 16, 2017, or prior to the date the operator's complete NOI is
received by EPA, whichever is later.
9.7.4 WAR10I000 Indian country within the State of Washington
9.7.4.1 Confederated Tribes of the Colville Reservation. The following conditions apply only to
discharges on the Colville Indian Reservation (CIR) and on other Tribal trust lands or
allotments of the Confederated Tribes of the Colville Reservation:
a. A copy of the Stormwater Pollution Prevention Plan must be submitted to the
following office at least thirty (30) days in advance of sending the Notice of Intent
(NOI) to EPA:
Environmental Trust Department
Confederated Tribes of the Colville Reservation
PO Box 150
Nesepelem, WA 99155
b. Copies of the Notice of Intent (NOI) and Notice of Termination (NOT) must be sent
to the ETD at the same time they are submitted to EPA.
c. Discharges to Omak Creek, the Okanogan River, and Columbia River downstream
of Chief Joseph Dam may affect threatened or endangered species, and shall
only be permitted in adherence with Appendix D of the CGP.
d. All work shall be carried out in such a manner as will prevent violations of water
quality criteria as stated in Chapter 4-8 Water Quality Standards of the Colville Law
and Order Code, as amended.
e. Appropriate steps shall be taken to ensure that petroleum products or other
chemical pollutants are prevented from entering waters of the CIR. All spills must
be reported to the appropriate emergency management agency and the ETD,
and measures shall be taken immediately to prevent the pollution of waters of the
CIR, including groundwater.
f. Stormwater site inspections shall be conducted at least once every 7 calendar
days, within 24-hours of the occurrence of a rain event of 0.25 inches or greater in
a 24-hour period, and daily during periods of saturated ground surface or
snowmelt with accompanying surface runoff.
g. Results of discharge sampling must be reported to the ETD within 7 days of sample
collection. All sample reporting must include the date and time, location, and
individual performing the sampling.
h. Any corrective action reports that are required under the CGP must be submitted
to the ETD at the above address within one (1) working day of the report
completion.
2017 Construction General Permit (CGP) (as modified)
Page 65
i. This certification does not authorize impacts to cultural, historical, or archeological
features or sites, or proprieties that may be eligible for such listing.
9.7.4.2 Lummi Nation. The following conditions apply only to discharges on the Lummi
Reservation:
a. The Lummi Nation reserves the right to modify this 401 certification if the final
version of the NPDES General Permit for Storm Water Discharges Associated with
Construction Activity (CGP) on tribal lands in the State of Washington (Permit No.
WAR10I000) is substantively different than the draft version of the proposed permit
that was made available for public comments during April 2016. The Lummi Nation
will determine if the final version of the NPDES CGP is substantively different than
the draft version following review of the final version once the EPA makes it
available.
b. This certification does not exempt and is provisional upon compliance with other
applicable statutes and codes administered by federal and Lummi tribal agencies.
Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must also obtain
a land use permit from the Lummi Planning Department as provided in Title 15 of
the Lummi Code of Laws and regulations adopted thereunder.
c. Pursuant to LCL 17.05.020(a), each operator shall develop and submit a Storm
Water Pollution Prevention Plan to the Lummi Water Resources Division for review
and approval by the Water Resources Manager prior to beginning any discharge
activities.
d. Pursuant to LCL Title 17, each operator shall be responsible for achieving
compliance with the Water Quality Standards for Surface Waters of the Lummi
Indian Reservation (Lummi Administrative Regulations [LAR] 17 LAR 07.010 through
17 LAR 07.210 together with supplements and amendments thereto).
e. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) to the
Lummi Water Resources Division at the same time it is submitted electronically to
the Environmental Protection Agency (EPA) and shall provide the Lummi Water
Resources Division the acknowledgement of receipt of the NOI from the EPA and
the associated NPDES tracking number provided by the EPA within 7 calendar days
of receipt from the EPA.
f. Each operator shall submit a signed hard copy of the Notice of Termination (NOT)
to the Lummi Water Resources Division at the same time it is submitted
electronically to the EPA and shall provide the Lummi Water Resources Division the
EPA acknowledgement of receipt of the NOT.
g. Storm Water Pollution Prevention Plans, Notice of Intent, Notice of Termination and
associated correspondence with the EPA shall be submitted to:
Lummi Natural Resources Department
ATTN: Water Resources Manager
2665 Kwina Road
Bellingham, WA 98226-9298
9.7.4.3 Makah Tribe. The following conditions apply only to discharges on the Makah
Reservation:
a. The operator shall be responsible for achieving compliance with the Makah Tribe's
Water Quality Standards.
2017 Construction General Permit (CGP) (as modified)
Page 66
b. The operator shall submit a Storm Water Pollution Prevention Plan to the Makah
Tribe Water Quality Program and Makah Fisheries Habitat Division for review and
approval at least thirty (30) days prior to beginning any discharge activities.
c. The operator shall submit a copy of the Notice of Intent to the Makah Tribe Water
Quality Program and Makah Fisheries Habitat Division at the same time it is
submitted to EPA.
d. Storm Water Pollution Prevention Plans and Notices of Intent shall be submitted to:
Aaron Parker
Makah Fisheries Management Water Quality Specialist
(360) 645-3162
Cell 206-356-0319
Aaron.parker@makah.com
PO Box 115
Neah Bay WA 98357
9.7.4.4 Puyallup Tribe of Indians. The following conditions apply only to discharges on the
Puyallup Tribe of Indians Reservation:
a. Each permittee shall be responsible for achieving compliance with the Puyallup
Tribe's Water Quality Standards, including antidegradation provisions. The Puyallup
Natural Resources Department will conduct an antidegradation review for
permitted activities that have the potential to lower water quality. The
antidegradation review will be consistent with the Tribe's Antidegradation
Implementation Procedures. The Tribe may also impose additional controls on a
site-specific basis, or request EPA to require the operator obtain coverage under
an individual permit, if information in the NOI or from other sources indicates that
the operator's discharges are not controlled as necessary to meet applicable
water quality standards.
b. The permittee shall be responsible for meeting any additional permit requirements
imposed by EPA necessary to comply with the Puyallup Tribe's antidegradation
policies if the discharge point is located within 1 linear mile upstream of waters
designated by the Tribe.
c. Each permittee shall submit a copy of the Notice of Intent (NOI) to be covered by
the general permit to Char Naylor (char.naylor@puyalluptribe.com) and Russ
Ladley (russ.ladley@puyalluptribe.com) by email or at the address listed below at
the same time it is submitted to EPA.
Puyallup Tribe of Indians
3009 E. Portland Avenue
Tacoma, WA 98404
ATTN: Russ Ladley and Char Naylor
d. All supporting documentation and certifications in the NOI related to coverage
under the general permit for Endangered Species Act purposes shall be submitted
to the Tribe's Resource Protection Manager (russ.ladley@puyalluptribe.com) and
Char Naylor (char.naylor@puyalluptribe.com) for review.
e. If EPA requires coverage under an individual or alternative permit, the permittee
shall submit a copy of the permit to Russ Ladley and Char Naylor at the address
listed above.
2017 Construction General Permit (CGP) (as modified)
Page 67
f. The permittee shall submit all stormwater pollution prevention plans to Char Naylor
for review and approval prior to beginning any activities resulting in a discharge to
tribal waters.
g. The permittee shall conduct benchmark monitoring for turbidity (or transparency)
and, in the event of significant concrete work or engineered soils, pH monitoring as
well. Monitoring, benchmarks, and reporting requirements contained in Condition
S.4. (pp.13-20) of the Washington State Construction Stormwater General Permit,
effective January 1, 2016, shall apply, as applicable.
h. The permittee shall notify Char Naylor (253-680-5520) and Russ Ladley (253-680-
5560) prior to conducting inspections at construction sites generating storm water
discharged to tribal waters.
i. Treat dewatering discharges with controls necessary to minimize discharges of
pollutants in order to minimize the discharge of pollutants to groundwater or
surface waters from stormwater that is removed from excavations, trenches,
foundations, vaults, or other storage areas. Examples of appropriate controls
include sediment basins or sediment traps, sediment socks, dewatering tanks, tube
settlers, weir tanks, and filtration systems (e.g., bag or sand filters) that are designed
to remove sediment.
To the extent feasible, utilize vegetated, upland areas of the site to infiltrate
dewatering water before discharge. At all points where dewatering water is
discharged, comply with the velocity dissipation requirements of Part 2.2.11 of EPA's
2016 General Construction Stormwater Permit. Examples of velocity dissipation
devices include check dams, sediment traps, riprap, and grouted riprap at outlets.
j. The permittee shall provide and maintain natural buffers to the maximum extent
possible (and/or equivalent erosion and sediment controls) when tribal waters are
located within 100 feet of the site's earth disturbances. If infeasible to provide and
maintain an undisturbed 100 foot natural buffer, erosion and sediment controls to
achieve the sediment load reduction equivalent to a 100-foot undisturbed natural
buffer shall be required.
9.7.4.5 Spokane Tribe of Indians. The following conditions apply only to discharges on the
Spokane Tribe Reservation:
a. Pursuant to Tribal Law and Order Code (TLOC) Chapter 30 each operator shall be
responsible for achieving compliance with the Surface Water Quality Standards of
the Spokane Tribe. The operator shall notify the Spokane Tribe, Water Control Board
(WCB) of any spills of hazardous material and;
b. Each operator shall submit a signed hard copy of the Notice of Intent (NOI) to the
WCB at the same time it is submitted to EPA.
c. The permittee shall allow the Tribal Water Control Board or its designee to inspect
and sample at the construction site as needed.
d. Each operator shall submit a signed copy of the Notice of Termination (NOT) to the
WCB at the same time it is submitted to EPA.
The correspondence address for the Spokane Tribe Water Control Board is:
Water Control Board
c/o. Brian Crossley
P0 Box 480
Wellpinit WA 99040
2017 Construction General Permit (CGP) (as modified)
Page 68
(509)626-4409
crossley@spokanetribe.com
9.7.4.6 Swinomish Indian Tribal Community. The following conditions apply only to discharges
on the Swinomish Reservation:
a. Owners and operators seeking coverage under this permit who intend to
discharge to Regulated Surface Waters must submit a copy of the Notice of Intent
(NOI) to the DEP at the same time the NOI is submitted to EPA.
b. Owners and operators seeking coverage under this permit must also submit a
Stormwater Pollution Prevention Plan to the DEP for review and approval by DEP
prior to beginning any discharge activities.
c. Owners and operators must also submit to the DEP Changes in NOI and/or Notices
of Termination at the same time they are submitted to EPA.
9.7.4.7 Tulalip Tribes. The following conditions apply only to discharges on the Tulalip
Reservation:
a. This certification does not exempt and is provisional upon compliance with other
applicable statues and codes administered by federal and Tulalip tribal agencies.
Pursuant to Tulalip Tribes code of law, the operator must also obtain a land use
permit from the Tulalip Tribes Planning Department as provided in Title 7 of the
Tulalip Tribal Code
(http://www.codepublishing.com/WA/Tulalip/?Tulalip02/Tulalip0205.html).
b. Each CGP operator shall be responsible for achieving compliance with Tulalip
Tribes Water Quality Standards.
c. Each CGP operator shall submit their Stormwater Pollution Prevention Plan (SWPPP)
to the:
Tulalip Natural & Cultural Resources Department
Tulalip Tribes
6406 Marine Drive
Tulalip, WA 98271
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
35
Appendix C – Copy of NOI and EPA Authorization email
(WILL INCLUDE NOI AND EPA AUTHORIZATION IN FINAL SWPPP)
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
36
Appendix D – Copy of Inspection Form
Inspection Report for: MIRACLE WAY - FAITH ROAD, YARMOUTH, MA Appendix D CGP Tracking No.: Inspection Date: Page 1 of 5 General Information Inspector Name, Title & Contact Information Present Phase of Construction [ ] Clearing/Grubbing [ ] Rough Grading [ ] Paving [ ] Final Grading [ ] Building Construction [ ] Infrastructure [ ] Final Stabilization [ ] Construction Complete Inspection Frequency – Every 14 Days and within 24 hours of a 0.25” rain event Type of Inspection: [ ] Regular [ ] Pre‐Storm Event [ ] During Storm Event [ ] Post‐Storm Event Has there been a storm event since the last inspection? [ ] YES [ ] NO Approximate amount of precipitation in last 24 hours: Weather at the time of the inspection (check all that apply): [ ] Clear [ ] Sleet [ ] Rain [ ] High Winds [ ] Fog [ ] Cloudy [ ] Snow [ ] Other Current temperature (indicate if C or F): Unsafe Conditions for Inspection Did you determine that any portion of your site was unsafe for inspection per CGP Part 4.1.5? Yes No If “yes”, complete the following: - Describe the conditions that prevented you from conducting the inspection in this location: - Location where conditions were found:
Inspection Report for: MIRACLE WAY - FAITH ROAD, YARMOUTH, MA Appendix D CGP Tracking No.: Inspection Date: Page 2 of 5 Condition and Effectiveness of Erosion and Sediment (E&S) Controls (CGP Part 2.1) Type/Location of E&S Control [Include Repairs or Other Maintenance Needed?* Corrective Action Required?* Date on Which Maintenance or Corrective Action First Identified? Notes 1. Silt Fence Perimeter Control 2. Inlet Protection (Filter Fabric under Catch Basin Rim) 3. Track-Out Control (Construction Exit/Entrance) 4. Material Stockpile Controls 5. Concrete Washout Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No * Note: The permit differentiates between conditions requiring repairs and maintenance, and those requiring corrective action. The permit requires maintenance in order to keep controls in effective operating condition and requires repairs if controls are not operating as intended. Corrective actions are triggered only for specific, more serious conditions, which include: 1) A required stormwater control was never installed, was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3; 2) You become aware that the stormwater controls you have installed and are maintaining are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1; 3) One of the prohibited discharges in Part 2.3.1 is occurring or has occurred; or 4) EPA requires corrective actions as a result of a permit violation found during an inspection carried out under Part 4.2. If a condition on your site requires a corrective action, you must also fill out a corrective action form found at www.epa.gov/npdes/stormwater/swppp. See Part 5 of the permit for more information. Condition and Effectiveness of Pollution Prevention (P2) Practices (CGP Part 2.3)
Inspection Report for: MIRACLE WAY - FAITH ROAD, YARMOUTH, MA Appendix D CGP Tracking No.: Inspection Date: Page 3 of 5 Type/Location of P2 Practices Repairs or Other Maintenance Needed? Corrective Action Required? Date on Which Maintenance or Corrective Action First Identified? Notes 1. Fueling and Maintenance of Equipment or Vehicles 2. Washing of Equipment and Vehicles 3. Storage handling, and Disposal of Construction Products, Materials,and Wastes 4. Building Products 5. Pesticides, Herbicides, Insecticides, Fertilizers, and Landscape Materials 6. Diesel Fuel, Oil, Hydraulic Fluids, Other Petroleum Products, and Other Chemicals 7. Hazardous or Toxic Waste 8. Construction and Domestic Waste 9. Sanitary Waste 10. Washing of Applicators and Containers used for Paint, Concrete or Other Material Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No * Note: The permit differentiates between conditions requiring repairs and maintenance, and those requiring corrective action. The permit requires maintenance in order to keep controls in effective operating condition and requires repairs if controls are not operating as intended. Corrective actions are triggered only for specific, more serious conditions, which include: 1) A required stormwater control was never installed, was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3; 2) You become aware that the stormwater controls you have installed and are maintaining are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1; 3) One of the prohibited discharges in Part 2.3.1 is occurring or has occurred; or 4) EPA requires corrective actions as a result of a permit violation found during an inspection carried out under Part 4.2. If a condition on your site requires a corrective action, you must also fill out a corrective action form found at www.epa.gov/npdes/stormwater/swppp. See Part 5 of the permit for more information.
Inspection Report for: MIRACLE WAY - FAITH ROAD, YARMOUTH, MA Appendix D CGP Tracking No.: Inspection Date: Page 4 of 5 Stabilization of Exposed Soil (CGP Part 2.2) Stabilization Area (lot #) Stabilization Method Have You Initiated Stabilization? Notes 1. 2. 3. 4. YES [Enter date] NO YES [Enter date] NO YES [Enter date] NO YES [Enter date] NO YES [Enter date] NO Description of Discharges (CGP Part 4.1.6.6) Was a stormwater discharge or other discharge occurring from any part of your site at the time of the inspection? Yes No If “yes”, provide the following information for each point of discharge: Discharge Location [insert additional discharge locations if applicable] Observations 1. Describe the discharge: At points of discharge and the channels and banks of surface waters in the immediate vicinity, are there any visible signs of erosion and/or sediment accumulation that can be attributed to your discharge? Yes No If yes, describe what you see, specify the location(s) where these conditions were found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue: 1. Describe the discharge: At points of discharge and the channels and banks of surface waters in the immediate vicinity, are there any visible signs of erosion and/or sediment accumulation that can be attributed to your discharge? Yes No If yes, describe what you see, specify the location(s) where these conditions were found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue:
Inspection Report for: MIRACLE WAY - FAITH ROAD, YARMOUTH, MA Appendix D CGP Tracking No.: Inspection Date: Page 5 of 5 Contractor or Subcontractor Certification and Signature “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” Signature of Contractor or Subcontractor: ________________________________________________ Date: Printed Name and Affiliation: ________________________________________________ Certification and Signature by Permittee “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” Signature of Permittee or “Duly Authorized Representative”: ________________________________________________ Date: Printed Name and Affiliation: ________________________________________________
Instructions for Filling Out “General Information” Section on Page 1 Inspector Name, Title & Contact Information Provide the name of the person(s) (either a member of your company’s staff or a contractor or subcontractor) that conducted this inspection. Provide the inspector’s name, title, and contact information as directed in the form. Present Phase of Construction Check appropriate box Inspection Location If only one inspection is conducted for your entire project, enter “Entire Site.” If necessary, complete additional inspection report forms for each separate inspection location. Unsafe Conditions for Inspection Inspections are not required where a portion of the site or the entire site is subject to unsafe conditions. See CGP Part 4.1.5. These conditions should not regularly occur, and should not be consistently present on a site. Generally, unsafe conditions are those that render the site (or a portion of it) inaccessible or that would pose a significant probability of injury to applicable personnel. Examples could include severe storm or flood conditions, high winds, and downed electrical wires. If your site, or a portion of it, is affected by unsafe conditions during the time of your inspection, provide a description of the conditions that prevented you from conducting the inspection and what parts of the site were affected. If the entire site was considered unsafe, specify the location as “Entire site” Instructions for Filling Out the “Erosion and Sediment Control” Table on Page 2 Repairs or Other Maintenance Needed? Answer “yes” if the E&S control requires a repair of any kind (due to normal wear and tear, or as a result of damage) or requires maintenance in order for the control to continue operating effectively. At a minimum, maintenance is required in the following specific instances: (1) for perimeter controls, whenever sediment has accumulated to ½ or more the above-ground height of the control (CGP Part 2.1.2.2.b); (2) where sediment has been tracked-out onto the surface of off-site streets or other paved areas (CGP Part 2.1.2.3.d); (3) for inlet protection measures, when sediment accumulates, the filter becomes clogged, and/or performance is compromised (CGP Part 2.1.2.9.b); and (4) for sediment basins, as necessary to maintain at least ½ of the design capacity of the basin (CGP Part 2.1.3.2.b). Note: In many cases, “yes” answers are expected and indicate a project with an active operation and maintenance program. You should also answer “yes” if work to fix the problem is still ongoing from the previous inspection. Corrective Action Needed? Answer “yes” if during your inspection you found any of the following conditions to be present (CGP, Part 5.2.1): (1) a required E&S control was never installed, was installed incorrectly or not in accordance with the corresponding CGP Part 2 or 3 requirement; (2) you become aware that the inadequacy of the E&S control has led to an exceedance of an applicable water quality standard; or (3) EPA requires corrective action for an E&S control as a result of a permit violation found during an inspection carried out under Part 4.2. If you answer “yes”, you must take corrective action and complete a corrective action report, found at www.epa.gov/npdes/stormwater/swppp. Note: You should answer “yes” if work to fix the problem from a previous inspection is still ongoing. Date on Which Maintenance or Corrective Action First Identified? Provide the date on which the condition that triggered the need for maintenance or corrective action was first identified. If the condition was just discovered during this inspection, enter the inspection date. If the condition is a carryover from a previous inspection, enter the original date of the condition’s discovery. Notes For each E&S control and the area immediately surrounding it, note whether the control is properly installed and whether it appears to be working to minimize sediment discharge. Describe any problem conditions you observed such as the following, and why you think they occurred as well as actions (e.g., repairs, maintenance, or corrective action) you will take or have taken to fix the problem:
1. Failure to install or to properly install a required E&S control 2. Damage or destruction to an E&S control caused by vehicles, equipment, or personnel, a storm event, or other event 3. Mud or sediment deposits found downslope from E&S controls 4. Sediment tracked out onto paved areas by vehicles leaving construction site 5. Noticeable erosion at discharge outlets or at adjacent streambanks or channels 6. Erosion of the site’s sloped areas (e.g., formation of rills or gullies) 7. E&S control is no longer working due to lack of maintenance For buffer areas, make note of whether they are marked off as required, whether there are signs of construction disturbance within the buffer, which is prohibited under the CGP, and whether there are visible signs of erosion resulting from discharges through the area. If repairs, maintenance, or corrective action is required, briefly note the reason. If repairs, maintenance, or corrective action have been completed, make a note of the date it was completed and what was done. If corrective action is required, note that you will need to complete a separate corrective action report describing the condition and your work to fix the problem. Instructions for Filling Out the “Pollution Prevention (P2) Practice” Table on Page 3 Repairs or Other Maintenance Needed? Answer “yes” if the P2 practice requires a repair of any kind (due to normal wear and tear, or as a result of damage) or requires maintenance in order for the control to continue operating effectively. Note: In many cases, “yes” answers are expected and indicate a project with an active operation and maintenance program. Corrective Action Needed? Answer “yes” if during your inspection you found any of the following conditions to be present (CGP, Part 5.2.1): (1) a required P2 practice was never installed, was installed incorrectly or not in accordance with the corresponding CGP Part 2 requirement; (2) you become aware that the inadequacy of the P2 practice has led to an exceedance of an applicable water quality standard; (3) one of the “prohibited discharges” listed in CGP Part 2.3.1 is occurring or has occurred, or (4) EPA requires corrective action for a P2 practice as a result of a permit violation found during an inspection carried out under Part 4.2. If you answer “yes”, you must take corrective action and complete a corrective action report, found at www.epa.gov/npdes/stormwater/swppp. Note: You should answer “yes” if work to fix the problem from a previous inspection is still ongoing. Date on Which Maintenance or Corrective Action First Identified? Provide the date on which the condition that triggered the need for maintenance or corrective action was first identified. If the condition was just discovered during this inspection, enter the inspection date. If the condition is a carryover from a previous inspection, enter the original date of the condition’s discovery. Notes For each P2 control and the area immediately surrounding it, note whether the control is properly installed, whether it appears to be working to minimize or eliminate pollutant discharges, and whether maintenance or corrective action is required. Describe problem conditions you observed such as the following, and why you think they occurred, as well as actions you will take or have taken to fix the problem: 1. Failure to install or to properly install a required P2 control 2. Damage or destruction to a P2 control caused by vehicles, equipment, or personnel, or a storm event 3. Evidence of a spill, leak, or other type of pollutant discharge, or failure to have properly cleaned up a previous spill, leak, or other type of pollutant discharge 4. Spill response supplies are absent, insufficient, or not where they are supposed to be located 5. Improper storage, handling, or disposal of chemicals, building materials or products, fuels, or wastes 6. P2 practice is no longer working due to lack of maintenance If repairs, maintenance, or corrective action is required, briefly note the reason. If repairs, maintenance, or corrective action have been completed, make a note of the date it was completed and what was done. If corrective action is required, note that you will need to complete a separate corrective action report describing the condition and your work to fix the problem.
Instructions for Filling Out the “Stabilization of Exposed Soil” Table on Page 4 Stabilization Area List all areas where soil stabilization is required to begin because construction work in that area has permanently stopped or temporarily stopped (i.e., work will stop for 14 or more days), and all areas where stabilization has been implemented. Stabilization Method For each area, specify the method of stabilization (e.g., hydroseed, sod, planted vegetation, erosion control blanket, mulch, rock). Have You Initiated Stabilization For each area, indicate whether stabilization has been initiated. Notes For each area where stabilization has been initiated, describe the progress that has been made, and what additional actions are necessary to complete stabilization. Note the effectiveness of stabilization in preventing erosion. If stabilization has been initiated but not completed, make a note of the date it is to be completed. If stabilization has been completed, make a note of the date it was completed. If stabilization has not yet been initiated, make a note of the date it is to be initiated, and the date it is to be completed. Instructions for Filling Out the “Description of Discharges” Table on Page 4 You are only required to complete this section if a discharge is occurring at the time of the inspection. Was a Stormwater Discharge Occurring From Any Part of Your Site At The Time of the Inspection? During your inspection, examine all points of discharge from your site, and determine whether a discharge is occurring. If there is a discharge, answer “yes” and complete the questions below regarding the specific discharge. If there is not a discharge, answer “no” and skip to the next page. Discharge Location (repeat as necessary if there are multiple points of discharge) Location of discharge. Specify the location on your site where the discharge is occurring. The location may be an outlet from a stormwater control or constructed stormwater channel, a discharge into a storm sewer inlet, or a specific point on the site. Be as specific as possible; it is recommended that you refer to a precise point on your site map. Describe the discharge. Include a specific description of any noteworthy characteristics of the discharge such as color; odor; floating, settled, or suspended solids; foam; oil sheen; and other obvious pollution indicators. Are there visible signs of erosion or sediment accumulation? At each point of discharge and the channel and streambank in the immediate vicinity, visually assess whether there are any obvious signs of erosion and/or sediment accumulation that can be attributed to your discharge. If you answer “yes”, include a description in the space provided of the erosion and sediment deposition that you have found, specify where on the site or in the surface water it is found, and indicate whether modification, maintenance, or corrective action is needed to resolve the issue.
Instructions for Signature/Certification on Page 5 Each inspection report must be signed and certified to be considered complete. Contractor or Subcontractor Signature and Certification Where a contractor or subcontractor is relied on to carry out the inspection and complete the inspection report, you should require the inspector to sign and certify each report. Note that this does not relieve the permitted operator of the requirement to sign and certify the inspection report as well. Signature and Certification by Permittee At a minimum, the inspection report must be signed by either (1) the person who signed the NOI, or (2) a duly authorized representative of that person. The following requirements apply to scenarios (1) and (2): If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the following types of individuals: • For a corporation: A responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. • For a partnership or sole proprietorship: A general partner or the proprietor, respectively. • For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). If the signatory will be a duly authorized representative, the following requirements must be met: • The authorization is made in writing by the person who signed the NOI (see above); • The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and • The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested.
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
37
Appendix E – Copy of Corrective Action Form
Corrective Action Report for: MIRACLE WAY - FAITH ROAD, YARMOUTH, MA Appendix E Date: Page 1 of 2 Section A – Initial Report (CGP Part 5.4.1) (Complete this section within 24 hours of discovering the condition that triggered corrective action) Date problem first discovered: Time discovered: Name and contact information of individual completing this form: What site conditions triggered the requirement to conduct corrective action (check the box that applies): A required stormwater control was never installed, was installed incorrectly, or not in accordance with the requirements in Part 2 and/or 3 The stormwater controls that have been installed and maintained are not effective enough for the discharge to meet applicable water quality standards or applicable requirements in Part 3.1 of the permit A Part 2.3.1 prohibited discharge has occurred or is occurring EPA requires corrective action as a result of permit violations found during an EPA inspection carried out under Part 4.2 Provide a description of the problem: Deadline for completing corrective action: If your estimated date of completion falls after the 7-day deadline, explain (1) why you believe it is infeasible to complete work within 7 days, and (2) why the date you have established for making the new or modified stormwater control operational is the soonest practicable timeframe Section B – Corrective Action Progress (CGP Part 5.4.2) (Complete this section no later than 7 calendar days after discovering the condition that triggered corrective action) Section B.1 – Why the Problem Occurred Cause(s) of Problem (insert additional rows if applicable) How This Was Determined and the Date You Determined the Cause 1. 2. Section B.2 – Stormwater Control Modifications to be Implemented to Correct the Problem List of Stormwater Control Modification(s) Needed to Correct Problem (insert additional rows if applicable) Date of Completion SWPPP Update Necessary? Notes 1. Yes No 2. Yes No
Page 2 of 2
Section C – Certification and Signature (CGP Part 5.4.3)
Section C.1 – Certification and Signature by Contractor or Subcontractor
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
Signature of Contractor or Subcontractor: ________________________________________________ Date:
Printed Name and Affiliation: ________________________________________________
Section C.2 – Certification and Signature by Permittee
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
Signature of Permittee or
“Duly Authorized Representative”: ________________________________________________ Date:
Printed Name and Affiliation: ________________________________________________
Instructions for Filling Out the Initial Report (Section A) on Page 1
You must complete Section A of the report form within 24 hours of discovering the condition that triggered corrective
action
Date/Time Problem First Discovered
Specify the date on which the triggering condition was first discovered. Also specify the time of the discovery.
Name/Contact Information
Provide the individual’s name, title, and contact information as directed in the form.
Site Condition That Triggered Corrective Action
Under the CGP, corrective action is required when one of 3 triggering conditions occurs at your site. See CGP Parts 5.2.1
5.3. Check the box that corresponds to the condition that triggered this corrective action.
Description of the Site Condition
Provide a summary description of the condition you found that triggered corrective action under CGP Part 5.2.1. and
the specific location where it was found. Be as specific as possible about the location; it is recommended that you refer
to a precise point on your site map. If you have already provided this explanation in an inspection report, you can refer
to that report.
Deadline for Completing Corrective Action
This deadline is fixed in CGP Part 5.2.1. For all projects, the deadline is either: (1) no more than 7 calendar days after the
date you discovered the problem, or (2) if it is infeasible to complete work within the first 7 days, as soon as practicable
following the 7th day. If your estimated date of completion falls after the 7-day deadline consistent with (2), above,
explain (a) why you believe it is infeasible to complete work within 7 days, and (b) why the date you have established for
making the new or modified stormwater control operational is the soonest practicable timeframe:
Instructions for Filling Out the Corrective Action Progress Table (Section B) on Page 1
You must complete Section B of the report form no later than 7 calendar days after discovering the condition that
triggered corrective action.
Section B.1 – Why the Problem Occurred
After you have had the opportunity to examine the problem more closely, provide details as to what you believe to be
the cause of the problem, and specify the follow-up actions you took (along with the dates of such actions) to diagnose
the problem. This is consistent with CGP Part 5.4.2.1.
Section B.2 – Stormwater Control Modifications to be Implemented
Provide a list of modifications you plan to make to your stormwater controls to correct the problem and the date you
completed such work. Keep in mind that your work must be completed within the timeline specified in Section A for the
completion of corrective action work.
Also, if a SWPPP modification is necessary consistent with Part 7.4.1.1 in order to reflect changes implemented at your
site, indicate the date you modified your SWPPP. Keep in mind that SWPPP changes must be made within 7 days of
discovering the problem that triggered this corrective action.
Space is provided for you to include additional notes or observations regarding the change that you implemented at
your site to correct the problem.
Instructions for Signature and Certification (Section C) on Page 2
Each corrective action report must be signed and certified to be considered complete.
Section C.1 – Contractor or Subcontractor Signature and Certification
Where a contractor or subcontractor is relied on to complete this report and the associated corrective action, you should
require the individual(s) to sign and certify each report. Note that this does not relieve you of the requirement to sign and
certify the report as well.
Section C.2 – Signature and Certification by Permittee
At a minimum, the corrective action report form must be signed by either (1) the person who signed the NOI, or (2) a duly
authorized representative of that person. The following requirements apply to scenarios (1) and (2):
If the signatory will be the person who signed the NOI for permit coverage, as a reminder, that person must be one of the
following types of individuals:
• For a corporation: A responsible corporate officer. For the purpose of this subsection, a responsible corporate officer
means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the
manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to
make management decisions which govern the operation of the regulated facility including having the explicit or
implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive
measures to assure long term environmental compliance with environmental laws and regulations; the manager can
ensure that the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
• For a partnership or sole proprietorship: A general partner or the proprietor, respectively.
• For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected
official. For purposes of this subsection, a principal executive officer of a federal agency includes (i) the chief
executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., Regional Administrator of EPA).
If the signatory will be a duly authorized representative, the following requirements must be met:
• The authorization is made in writing by the person who signed the NOI (see above);
• The authorization specifies either an individual or a position having responsibility for the overall operation of the
regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent,
position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters
for the company. (A duly authorized representative may thus be either a named individual or any individual
occupying a named position); and
• The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested.
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
38
Appendix F – SWPPP Amendment Log
No. Description of the Amendment Date of
Amendment
Amendment Prepared by
[Name(s) and Title]
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
39
Appendix G – Subcontractor Certifications/Agreements
SUBCONTRACTOR CERTIFICATION
STORMWATER POLLUTION PREVENTION PLAN
Project Number:
Project Title:
Operator(s):
As a subcontractor, you are required to comply with the Stormwater Pollution Prevention Plan
(SWPPP) for any work that you perform on-site. Any person or group who violates any condition
of the SWPPP may be subject to substantial penalties or loss of contract. You are encouraged to
advise each of your employees working on this project of the requirements of the SWPPP. A
copy of the SWPPP is available for your review at the office trailer.
Each subcontractor engaged in activities at the construction site that could impact stormwater
must be identified and sign the following certification statement:
I certify under the penalty of law that I have read and understand the terms and conditions of
the SWPPP for the above designated project and agree to follow the practices described in the
SWPPP.
This certification is hereby signed in reference to the above named project:
Company:
Address:
Telephone Number:
Type of construction service to be provided:
Signature:
Title:
Date:
Stormwater Pollution Prevention Plan (SWPPP) THE DAVENPORT COMPANIES EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA THE DAVENPORT COMPANIES JMO-8807 0 Appendix H – Grading and Stabilization Activities Log Date Grading Activity Initiated Description of Grading Activity Description of Stabilization Measure and Location Date Grading Activity Ceased (Indicate Temporary or Permanent) Date When Stabilization Measures Initiated
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
0
Appendix I – SWPPP Training Log
Stormwater Pollution Prevention Training Log
Project Name:
Project Location:
Instructor’s Name(s):
Instructor’s Title(s):
Course Location: Date:
Course Length (hours):
Stormwater Training Topic: (check as appropriate)
Sediment and Erosion
Controls
Emergency Procedures
Stabilization Controls Inspections/Corrective Actions
Pollution Prevention
Measures
Specific Training Objective:
Attendee Roster: (attach additional pages as necessary)
No. Name of Attendee Company
1
2
3
4
5
6
7
8
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
0
Appendix J – Delegation of Authority Form
Delegation of Authority
I, _______________________ (name), hereby designate the person or specifically described position
below to be a duly authorized representative for the purpose of overseeing compliance with
environmental requirements, including the Construction General Permit, at the
____________________________________ construction site. The designee is authorized to sign any
reports, stormwater pollution prevention plans and all other documents required by the permit.
________________________________________ (name of person or position)
________________________________________ (company)
________________________________________ (address)
________________________________________ (city, state, zip)
________________________________________ (phone)
By signing this authorization, I confirm that I meet the requirements to make such a designation
as set forth in Appendix I of EPA’s Construction General Permit (CGP), and that the designee
above meets the definition of a “duly authorized representative” as set forth in Appendix I.
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on my inquiry of the person
or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
Name:
Company:
Title:
Signature:
Date:
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
1
Appendix K – Endangered Species Documentation
Not applicable – Site is not within a mapped area.
Stormwater Pollution Prevention Plan (SWPPP)
THE DAVENPORT COMPANIES
EPA SWPPP, MIRACLE WAY - FAITH ROAD YARMOUTH, MA
THE DAVENPORT COMPANIES JMO-8807
2
Appendix L – Historic Properties Documentation
Not applicable