Using EPA's new eNOI system
(www.epa.gov/npdes/enoi)
can save you 2 weeks or more.
3d otherwise. rourcorr
4. File a Notice of Intent (NOI)
The Notice of Intent (NOI) form lets EPA know th. '
that you have read, understood, and implemented the requirements of EPA's permit. The f
to obtain permit coverage is through EPA's new online
permit application system (www.epa.gov/npdes/enoi).
EPA's permit requires a 7-day waiting period after an
NOI is filed and posted on EPA's Web site (www.epa.
gov/npdes/noisearch). Using EPA's eNOI system is the
fastest way to begin this process. Mailing a paper NOI
to EPA can add 2 or more weeks to your processing
time. During the waiting period, NOIs are reviewed for
endangered species impacts and other concerns. Permit
coverage begins at the conclusion of the 7-day period unless you c
should be posted at the construction site in a place accessible to the public.
5. Implement all BMPs outlined in your SWPPP
Remember to follow your SWPPP All BMPs must be inspected and maintained regularly. Inspections are required
either (1) at least once every 7 days or (2) at least once every 1 4 days and within 24 hours of the end of a rain
event of 1 /2-inch or more. The plan must also be updated as site conditions and BMPs change. Remember to
keep records of your maintenance activities and any SWPPP modifications for review during inspection.
6. File an electronic Notice of Termination
You should terminate permit coverage when your project is completed (generally, when 70% of the density of the
original vegetation is reestablished on unpaved areas), when the property has been stabilized and ownership has
been transferred to the homeowner (residential projects only), or when another operator has assumed control
over the site (new operators will need to file an NOI and meet the requirements of EPA's permit). The electronic
Notice of Termination form informs EPA that your construction project is complete and ends your responsibilities
under the permit. The form can be completed and filed using the eNOI system atwww.epa.gov/npdes/enoi.
Printed with vegetable-based ink on paper that contains a minimum of 50% post-consumer fiber content processed chlorine-free.
,J EPA 833-F-04-002 Revised: September 2007
How Do I Get Stormwater
Permit Coverage for My
Construction Site?
A Construction Site Operator's Guide to EPA's
Stormwater Permit Program
'. V.i
>\
•&EPA
United States
Environmental Protection
Agency
Who needs permit coverage?
If your construction project
disturbs 1 or more acres of
land through clearing, grading,
excavating, or stockpiling of fill
material, you may need permit
coverage. Remember to count
the acreage of the entire project
even if you are responsible for
only a small portion.
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Why do I have to get permit coverage?
EPA's National Pollutant Discharge Elimination System (NPDES) program regulates
stormwater runoff from construction sites. On July 1, 2003, EPA reissued the
Construction General Permit (CGP) to extend coverage to construction sites that
disturb 1 or more acres, including smaller sites that are part of a larger plan of
development. For example, if you are building a house on a half-acre lot in a 10-
acre development, you may need permit coverage. Construction site operators need
to submit an application called a Notice of Intent (NOI) to be covered under EPA's
CGP.
This brochure describes how to meet the requirements of EPA's permit which applies to construction sites in
several states and territories (see list below). Most states, however, are authorized to implement the NPDES
stormwater program. Authorized states have similar requirements for construction sites. If your construction
project is not in one of the areas listed below, you will need to obtain permit coverage from the appropriate state
authority. A list of state permitting authorities can be found at www.epa.gov/npdes/stormwater.
EPA's Construction General Permit applies to the following areas:
Alaska
District of Columbia
Idaho
Massachusetts
New Hampshire
New Mexico
Puerto Rico
Most Indian Country lands
Federal facilities in Vermont, Colorado,
Delaware, and Washington
Oil and gas operations and other
activities in Texas and Oklahoma.
U.S. Territories (e.g., Guam, American
Samoa), except the Virgin Islands
Visit www.epa.gov/npdes/pubs/cgp_appendixb.pdf for a detailed list of the areas under EPA's jurisdiction.
Why is stormwater runoff so bad?
Runoff from rainstorms and snowmelt picks up pollutants like
sediment, oil and grease, nitrogen and phosphorus, and other
chemicals and carries them into storm drains or directly into
waterbodies. Because most storm drain systems do not provide
any treatment to the water they collect, preventing contamina-
tion of stormwater is critically important or polluted runoff will be
discharged untreated into the waterbodies we use for swimming,
fishing, and drinking water.
Why is sediment harmful to a waterbody?
Too much sediment in a waterbody can cloud the water and make
it difficult or impossible for aquatic plants to receive the sunlight
they need to grow. Excess sediment also smothers aquatic habitat,
clogs fish gills, and impedes navigation in our waterways, which
can lead to expensive dredging.
I need permit coverage. Where do I start?
1. Read EPA's Construction General Permit (CGP)
You can download a copy of EPA's permit at www.epa.gov/npdes/stormwater/cgp. Read EPA's permit
carefully, and remember that operators are legally responsible for complying with all its provisions.
|>> Who submits an NOI?
The "operator" submits a Notice of Intent (NOI) form. The operator is the entity (generally company,
corporation, etc.) that has operational control over the construction plans or day-to-day activities that
are necessary to implement the Stormwater Pollution Prevention Plan (SWPPP) (see below). On some
sites, several entities may meet the definition of operator and all must file NOIs. Operators may include
owners, general contractors, and subcontractors.
It is the responsibility of the operator(s) to develop and implement a SWPPP <
management practices (BMPs) during each stage of the project. Best management prc. _ _____
techniques (buffers, silt fences, detention ponds, swales, etc.), schedules of activities, prohibitions of
practices, and maintenance procedures to prevent or reduce the discharge of pollutants.
2. Develop a stormwater pollution prevention plan (SWPPP)
The SWPPP is a plan for how you will control stormwater runoff from your construction site. It is broader and
more complicated than a typical erosion and sediment control plan, so operators might want to enlist the
assistance of a professional to save time. The SWPPP must be completed before you file an NOI to apply for
coverage under EPA's permit. You don't have to submit the SWPPP with your NOI to obti
the plan must be available on-site for review during inspection.
Because every site is unique, every SWPPP is unique. The SWPPP needs to be updated as your work progresses.
Please visit www.epa.gov/npdes/stormwater/cgp for more information on how to develop your SWPPP.
P> Basic SWPPP Principles
• Divert stormwater away from disturbed or exposed areas of the construction site.
• Install BMPs to control erosion and sediment and manage stormwi
• Inspect the site regularly and properly maintain BMPs, especi'
• Revise the SWPPP as site conditions change during construction and improve the SWPPP if BMPs are
not effectively controlling erosion and sediment.
• Minimize exposure of bare soils to precipitation to the extent pn
• Keep the construction site clean by putting trash in trash cans, keeping storage bins covered, and
sweeping up excess sediment on roads and other impervious surfaces.
3. Complete an endangered species determination for the project site
The operator must assess the potential effects of stormwater runoff on federally isted endangered and threat-
ened species and any designated critical habitat on or near the site. In making this determination, the operator
needs to consider areas beyond the immediate footprint of the construction activity and beyond the property
line—areas that could be affected directly or indirectly by stormwater discharges.
The local offices of U.S. Fish and Wildlife Service, Nationa Marine Fisheries Service, and State or Tribal Heritage
Centers often maintain lists of federally isted endangered or threatened species on their Web sites. Visit www.
epa.gov/npdes/stormwater/esa for more information.
How to get a stormwater permit
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