&EPA
United States
Environmental
Protection Agency
Region 9 Clean Water
Act Compliance Office (WTR-7)
EPA 909-F-04-008
AUGUST 2004
Who needs
to apply
for a permit?
- Property owners
- Developers
- General
Contractors
responsible for
construction sites
disturbing
one or more
acres.
Now anyone can apply for
coverage under the NPDES
Construction General Permit
Online! To find out more
about the storm water
program, or to get copies of
the Construction General
Permit, or the Notice of Intent
application form, check out
EPA's website at:
www.epa.gov/npdes/
stormwater/cgp.
Clean Water Act Requirements
for Construction Projects in Indian Country
Construction occurring in Indian Country is now
subject to Clean Water Act (CWA) regulations.
If you are going to do any construction which
disturbs one acre of land or more, you may need
to apply for a storm water discharge permit. If
you are going to be constructing in waters, such
as streams, washes, and wetlands, you may
need to apply for a CWA 404 permit.
Why does EPA regulate storm water from
construction sites? Too much sediment in the
water can destroy aquatic habitat; prevent fish
feeding, migration and spawning; interfere with
recreation; and threaten drinking watersupplies.
Along with sediment, eroding soils also release
nutrients which pollute waterways, causing
algae blooms and low oxygen levels.
Construction sites also have other sources of
pollutants, such as oil and grease, and debris.
What is the NPDES Construction General
Permit for Storm Water? Permits are issued
under the National Pollutant Discharge
Elimination System (NPDES). The NPDES
Construction General Permit (CGP) outlines
requirements that operators of construction
sites must follow to reduce the impact of their
activities on waters, such as steams, washes,
and wetlands. The CGP was reissued on July
1, 2003 and is available at the CGP Web site:
www.epa.gov/npdes/stormwater/cgp.
How do I apply for a permit? First, fill out a
Notice of Intent (NOI) to comply with the
Construction General Permit. The NOI may be
submitted electronically, or a paper version can
be mailed to EPA. The NOI forms are available
at EPA's CGP Web site. Authorization to
discharge storm water under the terms and
conditions of the CGP permit occurs 7 calendar
days after acknowledgment of receipt of the
NOI is posted on EPA's CGP Web site.
Who signs the Notice of Intent form? A
company officer or high ranking official must
sign and certify the NOI form. For a federal or
public agency, such as a Tribe, the certifying
official is a principal executive officer or ranking
elected official. The authority to sign can be
delegated; see 40 CFR122.22(b) for more on
delegation.
If there are multiple operators at a site, who
is responsible for permit compliance? All
operators are responsible for permit compliance.
The pollution prevention plan should clearly
indicate how responsibilities are divided.
Your Pollution Prevention Plan: Before
submitting the Notice of Intent (NOI), a Storm
Water Pollution Prevention Plan must be
prepared. In general, the plan identifies sources
of pollutants at the project and prescribes best
management practices to reduce the discharge
of pollutants into waters, such as streams,
washes, and wetlands. Then you must carry
out the plan for the project or portions of the
project for which you are responsible. The plan
must be updated as conditions change.
What is the Erosivity Waiver? Waivers are
available for small construction sites between
1 and 5 acres in size that are not part of a
larger common plan exceeding 5 acres. A site
may qualify for the waiver if the period of
construction is short and occurs during a dry
period of the year. Criteria for eligibility and
instructions forthe erosivity waiver are available
at the Construction General Permit Web site.
Once construction is completed, what
should I do? You must submit a Notice of
Termination. The form is available on EPA's
Construction General Permit website. You will
need to certify that all affected areas have been
adequately stabilized. Final stabilization means
that a uniform perennial vegetative cover with
a density of 70 percent of the native background
vegetative cover has been established. For arid
and semi-arid areas only, alternative stabilization
practices can be applied; see the CGP for
details. If the project is not complete, you need
to certify that the responsibility forthe site has
been transferred to someone else.
Are Tribes exempt from storm water
regulations? Projects owned or operated by
Tribes were exempt from storm water permitting
by the before March 10, 2003. The exemption
no longer applies.
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Is there anything else I need to know? If your construction
project might disturb or alter riverbeds, washes, streams,
wetlands, or other water bodies, you may be subject to
additional requirements. Section 10 of the Rivers and Harbors
Act and Section 404 of the Clean Water Act require approval
before working in waters of the United States. Typical activities
requiring Section 10 and 404 permits are:
- construction of piers, marinas, ramps, and cable or pipeline
crossings;
- dredging and excavation in or adjacent to waters ofthe U.S.;
- fill for residential, commercial or recreational developments;
- construction of revetments, groins, breakwaters, levees,
dams, dikes and weirs; and
- placement of riprap and road fills.
For more information about these requirements, contact the
UnitedStatesArmvCorpsofEngineersatwww.usace.armv.mil
or EPA.
For information about the storm water program in EPA's Pacific
Southwest Region (AZ, CA, NV, Pacific Islands, and Tribal
lands), contact: Eugene Bromley, bromlev.eugene@epa.gov,
(415) 972-3510, or Andrew Sallach, sallach.andrew@epa.gov,
(415)972-3503.
Other information resources:
International Erosion Control Association: www.ieca.org
Construction Industry Compliance Assistance Center:
www.cicacenter.org
Erosivity calculator: http://ei.tamu.edu/index.html
Notice: The statements in this document are intended solely to provide information to
aid regulated entities in complying with the Clean Water Act storm water requirements.
Reading this fact sheet is not a substitute for reading the Clean Water Act and its
implementing regulations, including the CGR and understanding all its requirements as
they apply to yourfacility. Publication of this information does not constitute rulemaking
by the EPA. This document reflects information available in EPA's NPDES General
Permit for Storm Water Discharges from Large and Small Construction Activities.
Water Quality Best Management Practices
(BMPs) at Construction Sites
Protect Natural Features, Minimize Exposure of Soil, and
Scheduling
• Leave vegetation in place where possible and disturb the smallest
area of land possible
• Control access to surface waters with fencing or buffer zones
• Divert runon/runoff away from exposed areas
• Phase construction to minimize the amount of exposed soil at one time
• Schedule earthmoving in dry periods
Erosion Control: Also referred to as "soil stabilization"
• Temporary or permanent seeding and planting
• Mulching or cover using geotextiles, mats, and erosion control blankets
Sediment Control: slow, trap, retain sediment onsite
• Sediment basins and traps
• Silt fencing, berms, or Fiber rolls
• Construction entrances
Protect Ground Water
• Protect drinking water supply wellheads from construction activity and
storm water by sloping, fencing, or berming
• If infiltration devices are used, do not excavate to or through the water
table. Drywells and other infiltration devices are subject to Underground
Injection Control regulations (seewww.epa.gov/safewater/uic.html.)
Good Housekeeping
• Contain and cover litter, construction debris, and construction chemicals
that could be exposed and spread by stormwater
• Dedicate covered contained areas for any activities involving toxic
contaminants, or move such activities offsite
Inspections and Maintenance: Inspect the construction site regularly,
and train staff and sub-contractors to recognize and discuss potential
problems at the construction site so they can be prevented.
Post-Construction Storm Water Management
• Detention ponds, infiltration basins and trenches
• Pervious pavement, "green" parking and alternative pavers
• Grassed swales, grassed filter strip and buffer zones
U.S. Environmental Protection Agency, Region 9
Clean Water Act Compliance Office (WTR-7)
75 Hawthorne Street
San Francisco, California 94105- 3109
OFFICIAL BUSINESS - PENALTY FOR PRIVATE USE $300
Address Service Requested
FIRST CLASS MAIL
U.S. POSTAGE
PAID
U.S. EPA
Permit No. G-35
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