How Do I Get Stormwater Permit
Coverage for My Construction Site?
A Construction Site Operator's Guide
to EPA's Stormwater Permit Program
United States
Environmental Protection
Agency
Who needs permit coverage?
If the construction project disturbs 1 or more
acres of land, including activities like clearing,
grading, excavating, or stockpiling of fill
material, it needs a permit. Count the acreage
of the entire project even if you are responsible
for only a small portion.
Rock used to stabilize road
EPA Region 10 Storm Water Assistance
Permits Unit: 206-553-1746
Compliance Unit: 206-553-0140
http://yosemite.epa.gov/r10/water.nsf/Stormwater/home
Why do I have to get permit coverage?
The U.S. Environmental Protection Agency's National Pollutant
Discharge Elimination System (NPDES) program regulates Stormwater
runoff from construction sites. The Construction General Permit
(CGP) is for construction sites that disturb 1 or more acres, including
smaller sites that are part of a larger plan of development (for
example, building a house on a half-acre lot in a 10-acre development).
Construction site operators need to submit an application called a
Notice of Intent (NOI) to be covered under EPA's CGP.
In the four states of EPA Region 10, EPA's permit applies
to the following areas:
• Alaska: Metlakatla Reservation & Denali National Park
• Idaho: Everywhere
• Oregon: Indian Country lands
• Washington: Federal operators & Indian Country lands
All other areas in AK, OR, and WA are regulated by the respective
state agencies. More information at http://yosemite.epa.gov/R10/
WATER.NSF/NPDES+Permits/Region+10+CGP+resources/
Why is Stormwater runoff 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. The EPA permit works to prevent contaminated
Stormwater from being discharged untreated into the water we use for
swimming, fishing, and drinking.
Why is sediment harmful to a waterbody?
Too much sediment in a waterbody clouds the water and makes it
difficult or impossible for aquatic plants to receive the sunlight they
need to grow. Excess sediment smothers aquatic habitat, clogs fish
gills, and impedes navigation in our waterways, which can lead to
expensive dredging.
50 foot buffer or equivalent is required
for work next to water of the U.S.
Plan for concrete washout & other
materials management
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I need permit coverage. Where do I start?
1. Read EPA's Construction General Permit (CGP)
Download a copy of EPA's permit at www.epa.gov/npdes/stormwater/cgp. Read the permit carefully;
operators are legally responsible for complying with all its provisions.
^- Who is an "operator"?
You are an operator if at least one of the following criteria are met: (1) you have operational control over
construction plans and specifications, including the ability to make modifications to those plans and
specifications; and/or (2) you have day-to-day operational control of those activities at a project that are
necessary to ensure compliance with the permit conditions, including implementing the Storm Water
Pollution Prevention Plan (SWPPP) (see below). On some sites, several entities may meet the definition
of operator; if so, each must file a NOI. Operators may include owners, ^ ,
subcontractors. Operators at the same site may share a SWPPP.
2. Develop a storm water 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 an erosion and sediment control plan; the assistance of a professional may
save you time. Operator(s) are responsible for developing and implementing a SWPPP, and for maintaining
all best management practices (BMPs) during each stage of the project. BMPs are the 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. If you plan to use cationic
chemicals to reduce turbidity in your discharge, you need approval from EPA Region 10 before you
can submit your NOI.
The SWPPP must be completed before you file an NOI to apply for coverage under EPA's permit. The
plan must be available on-site for review during inspection. Use the permit guidance to determine how to
maintain a 50-foot buffer of natural vegetation or the technical equivalent.
Because every site is unique, every SWPPP is unique
progresses.
SWPPP needs to be updated as your work
Please visit www.epa.gov/npdes/stormwater/cgp for more information on how to develop your SWPPP.
^- Basic SWPPP Principles
• Divert stormwater away from disturbed or exposed areas of the construction site.
• Control erosion and sediment and manage stormwater.
• Inspect the site regularly and properly maintain BMPs, especially after rainstorms.
• 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.
• Keep the construction site clean by putting trash in trash cans, keepinc
sweeping up excess sediment on roads and other impervious surfaces.
3. Complete an endangered species determination for the project site
Assess the potential effects of stormwater runoff on federally listed endangered and threatened species
and any designated critical habitat on or near the site. 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, National Marine Fisheries Service, and State or Tribal
Heritage Centers often maintain lists of federally listed endangered or threatened species on their Web
sites. Visit www.epa.gov/npdes/stormwater/esa for more information.
4. File a Notice of Intent (NOI)
The NOI form tells EPA you are filing for permit
coverage and that you have read, understood, and
implemented the requirements of EPA's permit.
There is a 14-day waiting period after EPA sends an
acknowledgement of a complete application. EPA's
eNOI system (www.epa.gov/npdes/enoi) is the I
Using EPA's new eNOI system
(www.epa.gov/npdes/enoi)
can save you 2 weeks or more.
fastest way to begin this process. Mailing a paper
NOI can add 2 or more weeks processing time.
During the waiting period, NOIs are reviewed for
endangered species impacts and other concerns. .
unless you are notified otherwise. Post your compl
the public.
it coverage begins at the end of the 14-day period
NOI at the construction site in a place accessible to
5. Implement all BMPs outlined in 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 14 days and within 24 hours of the end of a rain event of 1/4-inch or
more. (Sites discharging to sensitive waters must inspect more frequently.) You must update the plan as site
conditions and BMPs change. Keep records of your maintenance activities and any SWPPP modifications
for review during inspection. Are you in Idaho? Read Part 9.7.1 carefully. You may need to conduct
daily turbidity monitoring.
6. File an electronic Notice of Termination
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, or ownership
or physical control over the site has been transferred (new operators need to file an NOI and meet the
requirements of EPA's permit). The 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 at www.
epa.gov/npdes/enoi.
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