2017 Construction General Permit (CGP) (as modified) Appendix A - Definitions and Acronyms 1. Definitions "Action Area" - all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action. See 50 CFR 402. For the purposes of this permit and for application of the threatened and endangered species protection eligibility requirements, the following areas are included in the definition of action area: • The areas on the construction site where stormwater discharges originate and flow toward the point of discharge into the receiving waters (including areas where excavation, site development, or other ground disturbance activities occur) and the immediate vicinity. (Example: Where bald eagles nest in a tree that is on or bordering a construction site and could be disturbed by the construction activity or where grading causes stormwater to flow into a small wetland or other habitat that is on the site that contains listed species.) • The areas where stormwater discharges flow from the construction site to the point of discharge into receiving waters. (Example: Where stormwater flows into a ditch, swale, or gully that leads to receiving waters and where listed species (such as listed amphibians) are found in the ditch, swale, or gully.) • The areas where stormwater from construction activities discharges into receiving waters and the areas in the immediate vicinity of the point of discharge. (Example: Where stormwater from construction activities discharges into a stream segment that is known to harbor listed aquatic species.) • The areas where stormwater controls will be constructed and operated, including any areas where stormwater flows to and from the stormwater controls. (Example: Where a stormwater retention pond would be built.) • The areas upstream and/or downstream from the stormwater discharge into a stream segment that may be affected by these discharges. (Example: Where sediment discharged to a receiving stream settles downstream and impacts a breeding area of a listed aquatic species.) "Agricultural Land" - cropland, grassland, rangeland, pasture, and other agricultural land, on which agricultural and forest-related products or livestock are produced and resource concerns may be addressed. Agricultural lands include cropped woodland, marshes, incidental areas included in the agricultural operation, and other types of agricultural land used for the production of livestock. "Antidegradation Policy" or "Antidegradation Requirements" - the water quality standards regulation that requires states and tribes to establish a three-tiered antidegradation program: 1. Tier 1 maintains and protects existing uses and water quality conditions necessary to support such uses. An existing use can be established by demonstrating that fishing, swimming, or other uses have actually occurred since November 28, 1975, or that the water quality is suitable to allow such uses to occur. Where an existing use is established, it must be protected even if it is not listed in the water quality standards as a designated use. Tier 1 requirements are applicable to all surface waters. 2. Tier 2 maintains and protects "high quality" waters — waterbodies where existing conditions are better than necessary to support CWA § 101 (a)(2) "fishable/swimmable" uses. Water quality can be lowered in such waters. However, state and tribal Tier 2 programs identify procedures that must be followed and questions that must be Page A-l of 12 ------- 2017 Construction General Permit (CGP) (as modified) answered before a reduction in water quality can be allowed. In no case may water quality be lowered to a level which would interfere with existing or designated uses. 3. Tier 3 maintains and protects water quality in outstanding national resource waters (ONRWs). Except for certain temporary changes, water quality cannot be lowered in such waters. ONRWs generally include the highest quality waters of the United States. However, the ONRW classification also offers special protection for waters of exceptional ecological significance, i.e., those which are important, unique, or sensitive ecologically. Decisions regarding which water bodies qualify to be ONRWs are made by states and authorized Indian tribes. "Arid Areas" - areas with an average annual rainfall of 0 to 10 inches. " Bank" (e.g., stream bank or river bank) - the rising ground bordering the channel of a water of the U.S. "Bluff" - a steep headland, promontory, riverbank, or cliff. "Borrow Areas" - the areas where materials are dug for use as fill, either onsite or off-site. " Business day" - for the purposes of this permit, a business day is a calendar day on which construction activities will take place. "Bypass" - the intentional diversion of waste streams from any portion of a treatment facility. See 40CFR 122.41 (m)(l)(i). "Cationic Treatment Chemical" - polymers, flocculants, or other chemicals that contain an overall positive charge. Among other things, they are used to reduce turbidity in stormwater discharges by chemically bonding to the overall negative charge of suspended silts and other soil materials and causing them to bind together and settle out. Common examples of cationic treatment chemicals are chitosan and cationic PAM. "Commencement of Construction Activities" - the initial disturbance of soils (or 'breaking ground') associated with clearing, grading, or excavating activities or other construction-related activities (e.g., stockpiling of fill material; placement of raw materials at the site). "Common Plan of Development or Sale" - A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one common plan. The "common plan" of development or sale is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot. "Construction Activities" - earth-disturbing activities, such as the clearing, grading, and excavation of land, and other construction-related activities (e.g., stockpiling of fill material; placement of raw materials at the site) that could lead to the generation of pollutants. Some of the types of pollutants that are typically found at construction sites are: • sediment; • nutrients; • heavy metals; • pesticides and herbicides; • oil and grease; • bacteria and viruses; • trash, debris, and solids; Page A-2 of 12 ------- 2017 Construction General Permit (CGP) (as modified) • treatment polymers; and • any other toxic chemicals. "Construction and Development Effluent Limitations and New Source Performance Standards" (C&D Rule) - as published in 40 CFR § 450, the regulation requiring effluent limitations guidelines (ELGs) and new source performance standards (NSPS) for controlling the discharge of pollutants from construction sites. "Construction Site" or "Site" - the land or water area where construction activities will occur and where stormwater controls will be installed and maintained. The construction site includes construction support activities, which may be located at a different part of the property from where the primary construction activity will take place, or on a different piece of property altogether. "Construction Support Activity" - a construction-related activity that specifically supports the construction activity and involves earth disturbance or pollutant-generating activities of its own, and can include activities associated with concrete or asphalt batch plants, equipment staging yards, materials storage areas, excavated material disposal areas, and borrow areas. "Construction Waste" - discarded material (such as packaging materials; scrap construction materials; masonry products; timber, steel, pipe, and electrical cuttings; plastics; and styrofoam). "Conveyance Channel" - a temporary or permanent waterway designed and installed to safely convey stormwater flow within and out of a construction site. "Critical Habitat" - as defined in the Endangered Species Act at 16 U.S.C. 1531 for a threatened or endangered species, (i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of the Endangered Species Act, on which are found those physical or biological features essential to the conservation of the species and which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of the Endangered Species Act, upon a determination by the Secretary that such areas are essential for the conservation of the species. "CWA" - the Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq. "Dewatering" - the act of draining rainwater and/or ground water from building foundations, vaults, and trenches. "Discharge" - when used without qualification, means the "discharge of a pollutant." " Discharge of a Pollutant" - any addition of any " pollutant" or combination of pollutants to "waters of the United States" from any "point source," or any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. This includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. See 40 CFR 122.2. "Discharge Point" - for the purposes of this permit, the location where collected and concentrated stormwater flows are discharged from the construction site. "Discharge-Related Activity" - activities that cause, contribute to, or result in stormwater and allowable non-stormwater point source discharges, and measures such as the siting, construction, and operation of stormwater controls to control, reduce, or prevent pollutants from being discharged. Page A-3 of 12 ------- 2017 Construction General Permit (CGP) (as modified) " Discharge to an Impaired Water" - for the purposes of this permit, a discharge to an impaired water occurs if the first water of the U.S. to which you discharge is identified by a state, tribe, or EPA pursuant to Section 303(d) of the Clean Water Act as not meeting an applicable water quality standard and (1) requires development of a total maximum daily load (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). 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. "Domestic Waste" - for the purposes of this permit, typical household trash, garbage or rubbish items generated by construction activities. " Drainageway" - an open linear depression, whether constructed or natural, that functions for the collection and drainage of surface water. "Drought-Stricken Area" - for the purposes of this permit, an area in which the National Oceanic and Atomospheric Administration's U.S. Seasonal Drought Outlook indicates for the period during which the construction will occur that any of the following conditions are likely: (1) "Drought to persist or intensify", (2) "Drought ongoing, some improvement", (3) "Drought likely to improve, impacts ease", or (4) "Drought development likely". See http://www.cpc.ncep.noaa.aov/products/expert assessment/sdo summarv.php. "Earth-Disturbing Activity"- actions taken to alter the existing vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil compaction, and movement and stockpiling of top soils. "Earth-Disturbing Activities Conducted Prior to Active Mining Activities" - Consists of two classes of earth-disturbing (i.e., clearing, grading and excavation) activities: a. activities performed for purposes of mine site preparation, including: cutting new rights of way (except when related to access road construction): providing access to a mine site for vehicles and equipment (except when related to access road construction): other earth disturbances associated with site preparation activities on any areas where active mining activities have not yet commenced (e.g., for heap leach pads, waste rock facilities, tailings impoundments, wastewater treatment plants): and b. construction of staging areas to prepare for erecting structures such as to house project personnel and equipment, mill buildings, etc., and construction of access roads. Note: only earth-disturbing activities associated with the construction of staging areas and the construction of access roads conducted prior to active mining (see (b) above) are considered to be "construction" and therefore stormwater discharges from these activities are eligible for coverage under this permit. See Part 1.2.1 .b. The activities described in (a) above are not considered to be "construction" and therefore stormwater discharges associated with this activity are not eligible for coverage under this permit. "Effective Operating Condition" - for the purposes of this permit, a stormwater control is kept in effective operating condition if it has been implemented and maintained in such a manner that it is working as designed to minimize pollutant discharges. "Effluent Limitations" - for the purposes of this permit, any of the Part 2 or Part 3 requirements. "Effluent Limitations Guideline" (ELG) - defined in 40 CFR § 122.2 as a regulation published by the Administrator under section 304(b) of the CWA to adopt or revise effluent limitations. "Eligible" - for the purposes of this permit, refers to stormwater and allowable non-stormwater discharges that are authorized for coverage under this general permit. Page A-4 of 12 ------- 2017 Construction General Permit (CGP) (as modified) "Emergency-Related Project" - 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. " Endangered Species" - defined in the Endangered Species Act at 16 U.S.C. 1531 as any species which is in danger of extinction throughout all or a significant portion of its range other than a species of the Class Insecta determined by the Secretary to constitute a pest whose protection under the provisions of this Act would present an overwhelming and overriding risk to man. "Excursion" - a measured value that exceeds a specified limit. "Existing Site" - a site where construction activities commenced prior to February 16, 2017. "Exit Points" - any points of egress from the construction site to be used by vehicles and equipment during construction activities. "Exposed Soils" - for the purposes of this permit, soils that as a result of earth-disturbing activities are left open to the elements. "Federal Operator" - an entity that meets the definition of "Operator" in this permit and is either any department, agency or instrumentality of the executive, legislative, and judicial branches of the Federal government of the United States, or another entity, such as a private contractor, performing construction activity for any such department, agency, or instrumentality. "Final Stabilization" - on areas not covered by permanent structures, either (1) uniform, perennial vegetation (e.g., evenly distributed, without large bare areas) has been established, or for arid or semi-arid areas, will be established that provides 70 percent or more of the cover that is provided by vegetation native to local undisturbed areas, and/or (2) permanent non- vegetative stabilization measures (e.g., riprap, gravel, gabions, and geotextiles) have been implemented to provide effective cover for exposed portions of the site "General Contractor" - for the purposes of this permit, the primary individual or company solely accountable to perform a contract. The general contractor typically supervises activities, coordinates the use of subcontractors, and is authorized to direct workers at a site to carry out activities required by the permit. "Hazardous Substances" or "Hazardous or Toxic Waste" - for the purposes of this permit, any liquid, solid, or contained gas that contain properties that are dangerous or potentially harmful to human health or the environment. See also 40 CFR §261.2. "Historic Property" - as defined in the National Historic Preservation Act regulations, means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria. " Impaired Water"- a water identified by the state, tribe, or EPA as not meeting an applicable water quality standard and (1) requires development ofaTMDL (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). " Impervious Surface" - for the purpose of this permit, any land surface with a low or no capacity for soil infiltration including, but not limited to, pavement, sidewalks, parking areas and driveways, packed gravel or soil, or rooftops. Page A-5 of 12 ------- 2017 Construction General Permit (CGP) (as modified) " Indian Country" or" Indian Country Lands" - defined at 40 CFR § 122.2 as: 1. All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of- way running through the reservation; 2. All dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and 3. All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-ways running through the same. " Infeasible" - for the purpose of this permit, infeasible means not technologically possible or not economically practicable and achievable in light of best industry practices. EPA notes that it does not intend for any permit requirement to conflict with state water rights law. "Install" or "Installation" - when used in connection with stormwater controls, to connect or set in position stormwater controls to make them operational. "Jar test" - a test designed to simulate full-scale coagulation/flocculation/sedimentation water treatment processes by taking into account the possible conditions. "Landward" - positioned or located away from a waterbody, and towards the land. "Large Construction Activity" - defined at 40 CFR § 122.26(b)(14)(x) and incorporated here by reference. Large construction activity includes clearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than five acres of land or will disturb less than five acres of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than five acres. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site. "Linear Construction Site" - includes the construction of roads, bridges, conduits, substructures, pipelines, sewer lines, towers, poles, cables, wires, connectors, switching, regulating and transforming equipment and associated ancillary facilities in a long, narrow area. "Minimize" - to reduce and/or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in light of best industry practices. "Mining Activity" - for the purposes of this permit, includes mining-related construction activities defined at 40 CFR 122.26(b) (14) (x) and 122.26(b) (15) (i), and active mining activities defined at 40 CFR 122.26(b) (14) (iii). Both of these sub categories of activities include earth-disturbing activities, with the latter also including such activities as: extraction, removal or recovery, and beneficiation of mined material from the earth; removal of overburden and waste rock to expose mineable material; and site reclamation and closure activities. "Mining Operations" - for the purposes of this permit, mining operations are grouped into two distinct categories, with distinct effluent limits and requirements applicable to each: 1) earth- disturbing activities conducted prior to active mining activities; and 2) active mining activities, which includes reclamation. "Municipal Separate Storm Sewer System" or "MS4" - defined at 40 CFR § 122.26(b) (8) as a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned and operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special Page A-6 of 12 ------- 2017 Construction General Permit (CGP) (as modified) districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR §122.2. "National Pollutant Discharge Elimination System" (NPDES) - defined at 40 CFR §122.2 as the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. The term includes an 'approved program.' " Native Topsoil" - the uppermost layer of naturally occurring soil for a particular area, and is often rich in organic matter, biological activity, and nutrients. "Natural Buffer" - for the purposes of this permit, an area of undisturbed natural cover surrounding waters of the U.S. within which construction activities are restricted. Natural cover includes the vegetation, exposed rock, or barren ground that exists prior to commencement of earth-disturbing activities. " Natural Vegetation" - vegetation that occurs spontaneously without regular management, maintenance, or species introductions or removals, and that generally has a strong component of native species.. "New Operator of a Permitted Site" - 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". " New Site" - a site where construction activities commenced on or after February 16, 2017. "New Source" - for the purposes of this permit, a construction project that commenced construction activities after February 1, 2010. "New Source Performance Standards (NSPS)" - for the purposes of this permit, NSPS are technology-based standards that apply to construction sites that are new sources under 40 CFR 450.24. "Non-Stormwater Discharges" - discharges that do not originate from storm events. They can include, but are not limited to, discharges of process water, air conditioner condensate, non- contact cooling water, vehicle wash water, sanitary wastes, concrete washout water, paint wash water, irrigation water, or pipe testing water. "Non-Turbid" - a discharge that does not cause or contribute to an exceedence of turbidity- related water quality standards. "Notice of Intent" (NOI) - the form (electronic or paper) required for authorization of coverage under the Construction General Permit. "Notice of Termination" (NOT) - the form (electronic or paper) required for terminating coverage under the Construction General Permit. "NPDES eReporting Tool" (NeT) - EPA's online system for submitting electronic Construction General Permit forms. Page A-7 of 12 ------- 2017 Construction General Permit (CGP) (as modified) "Operational" - for the purposes of this permit, stormwater controls are made "operational" when they have been installed and implemented, are functioning as designed, and are properly maintained. "Operator" - for the purposes of this permit and in the context of stormwater discharges associated with construction activity, any party associated with a construction project that meets either of the following two criteria: 1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or 2. The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions. This definition is provided to inform permittees of EPA's interpretation of how the regulatory definitions of "owner or operator" and "facility or activity" are applied to discharges of stormwater associated with construction activity. Subcontractors generally are not considered operators for the purposes of this permit. "Ordinary High Water Mark" - the line on the shore established by fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, and/or the presence of litter and debris. "Permitting Authority" - for the purposes of this permit, EPA, a Regional Administrator of EPA, or an authorized representative. "Point(s) of Discharge" - see "Discharge Point." "Point Source" - any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. " Pollutant" - defined at 40 CFR § 122.2. A partial listing from this definition includes: dredged spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste. "Pollution Prevention Controls" - stormwater controls designed to reduce or eliminate the addition of pollutants to construction site discharges through analysis of pollutant sources, implementation of proper handling/disposal practices, employee education, and other actions. "Polymers" - for the purposes of this permit, coagulants and flocculants used to control erosion on soil or to enhance the sediment removal capabilities of sediment traps or basins. Common construction site polymers include polyacrylamide (PAM), chitosan, alum, polyaluminum chloride, and gypsum. " Prohibited Discharges" - discharges that are not allowed under this permit, including: 1. Wastewater from washout of concrete: 2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials: 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance: 4. Soaps or solvents used in vehicle and equipment washing: 5. Toxic or hazardous substances from a spill or other release: and Page A-8 of 12 ------- 2017 Construction General Permit (CGP) (as modified) 6. Waste, garbage, floatable debris, construction debris, and sanitary waste. "Provisionally Covered Under this Permit" - for the purposes of this permit, EPA provides temporary coverage under this permit for emergency-related projects prior to receipt of a complete and accurate NOI. Discharges from earth-disturbing activities associated with the emergency-related projects are subject to the terms and conditions of the permit during the period of temporary coverage. "Qualified Person" - 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. "Receiving Water" - a "Water of the United States" as defined in 40 CFR §122.2 into which the regulated stormwater discharges. "Run-On" - sources of stormwater that drain from land located upslope or upstream from the regulated site in question. "Semi-Arid Areas" - areas with an average annual rainfall of 10 to 20 inches. "Shared Control" - for the purposes of this permit, a stormwater control, such as a sediment basin or pond, used by two or more operators that is installed and maintained for the purpose of minimizing and controlling pollutant discharges from a construction site with multiple operators associated with a common plan of development or sale. "Small Construction Activity" - defined at 40 CFR § 122.26(b) (15) and incorporated here by reference. A small construction activity includes clearing, grading, and excavating resulting in a land disturbance that will disturb equal to or greater than one (1) acre and less than five (5) acres of land or will disturb less than one (1) acre of total land area but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre and less than five (5) acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site. "Small Residential Lot" - for the purpose of this permit, a lot being developed for residential purposes that will disturb less than 1 acre of land, but is part of a larger residential project that will ultimately disturb greater than or equal to 1 acre. "Snowmelt" - the conversion of snow into overland stormwater and ground water flow as a result of warmer temperatures. "Spill" - for the purpose of this permit, the release of a hazardous or toxic substance from its container or containment. "Stabilization" - the use of vegetative and/or non-vegetative cover to prevent erosion and sediment loss in areas exposed through the construction process. "Steep Slopes" - where a state, tribe, local government, or industry technical manual (e.g., stormwater BMP manual) has defined what is to be considered a "steep slope", this permit's definition automatically adopts that definition. Where no such definition exists, steep slopes are automatically defined as those that are 15 percent or greater in grade. "Storm Sewer System" - a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) designed or used for collecting or conveying stormwater. "Stormwater" - stormwater runoff, snowmelt runoff, and surface runoff and drainage. Page A-9 of 12 ------- 2017 Construction General Permit (CGP) (as modified) "Stormwater Control" - refers to any best management practice or other method (including narrative effluent limitations) used to prevent or reduce the discharge of pollutants to waters of the United States. "Stormwater Discharge Associated with Construction Activity" - as used in this permit, a discharge of pollutants in stormwater to waters of the United States from areas where earth- disturbing activities (e.g., clearing, grading, or excavation) occur, or where construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck chute washdown, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants), are located. "Stormwater Inlet" - a structure placed below grade to conduct water used to collect stormwater runoff for conveyance purposes. "Stormwater Team" - the group of individuals responsible for oversight of the development and modifications of the SWPPP, and oversight of compliance with the permit requirements. The individuals on the "Stormwater Team" must be identified in the SWPPP. "Storm Event" - a precipitation event that results in a measurable amount of precipitation. "Storm Sewer" - a system of pipes (separate from sanitary sewers) that carries stormwater runoff from buildings and land surfaces. "Subcontractor" - for the purposes of this permit, an individual or company that takes a portion of a contract from the general contractor or from another subcontractor. "SWPPP" (Stormwater Pollution Prevention Plan) - a site-specific, written document that, among other things: (1) identifies potential sources of stormwater pollution at the construction site; (2) describes stormwater controls to reduce or eliminate pollutants in stormwater discharges from the construction site; and (3) identifies procedures the operator will implement to comply with the terms and conditions of this general permit. "Temporary Stabilization" - a condition where exposed soils or disturbed areas are provided temporary vegetative and/or non-vegetative protective cover to prevent erosion and sediment loss. Temporary stabilization may include temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until either final stabilization can be achieved or until further construction activities take place to re-disturb this area. "Thawing Conditions" - for the purposes of this permit, thawing conditions are expected based on the historical likelihood of two or more days with daytime temperatures greater than 32°F. This date can be determined by looking at historical weather data. Note: the estimation of thawing conditions is for planning purposes only. During construction the permittee will be required to conduct site inspections based upon actual conditions (i.e., if thawing conditions occur sooner than expected, the permittee will be required to conduct inspections at the regular frequency). "Threatened Species" - defined in the Endangered Species Act at 16 U.S.C. 1531 as any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. "Tier 2 Waters" - for antidegradation purposes, pursuant to 40 CFR 131.12(a) (2), those waters that are characterized as having water quality that exceeds the levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water. "Tier 2.5 Waters" - for antidegradation purposes, those waters designated by states or tribes as requiring a level of protection equal to and above that given to Tier 2 waters, but less than that given Tier 3 waters. Some states have special requirements for these waters. "Tier 3 Waters" - for antidegradation purposes, pursuant to 40 CFR 131.12(a) (3), Tier 3 waters are identified by states as having high quality waters constituting an Outstanding National Resource Page A-10 of 12 ------- 2017 Construction General Permit (CGP) (as modified) Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges, and waters of exceptional recreational or ecological significance. "Total Maximum Daily Load" or "TMDL" - the sum of the individual wasteload allocations (WLAs) for point sources and load allocations (LAs) for nonpoint sources and natural background. If receiving water has only one point source discharger, the TMDL is the sum of that point source WLA plus the LAs for any nonpoint sources of pollution and natural background sources, tributaries, or adjacent segments. TMDLs can be expressed in terms of mass per time, toxicity, or other appropriate measure. "Toxic Waste" - see "Hazardous Substances." "Treatment Chemicals" - polymers, flocculants, or other chemicals used to reduce turbidity in stormwater. "Turbidity" - a condition of water quality characterized by the presence of suspended solids and/or organic material. "Uncontaminated Discharge" - in the context of authorized non-stormwater discharges, a discharge that does not cause or contribute to an exceedance of applicable water quality standards. "Upland" - the dry land area above and 'landward' of the ordinary high water mark. "Upset" - Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond your reasonable control. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. See 40 CFR 122.41 (n)(l). "Water-Dependent Structures" - structures or facilities that are required to be located directly adjacent to a waterbody or wetland, such as a marina, pier, boat ramp, etc. "Water Quality Standards" - defined in 40 CFR § 131.3, and are provisions of state or federal law which consist of a designated use or uses for the waters of the United States, water quality criteria for such waters based upon such uses, and an antidegradation policy to protect high- quality waters. Water quality standards protect the public health or welfare, enhance the quality of water and serve the purposes of the Act. "Waters of the United States" - see definition at 40 CFR 122.2. "Wetland" - those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. On-site evaluations are typically required to confirm the presence and boundaries of wetlands. 1. Acronyms ACHP - Advisory Council on Historic Preservation BMP - Best Management Practice CBI - Confidential Business Information CGP - Construction General Permit CFR - Code of Federal Regulations CWA - Clean Water Act Page A-l 1 of 12 ------- 2017 Construction General Permit (CGP) (as modified) CZMA - Coastal Zone Management Act ECHO - EPA Enforcement and Compliance History Online ELG- Effluent Limitations Guideline EPA - United States Environmental Protection Agency ESA - Endangered Species Act FR - Federal Register MS4 - Municipal Separate Storm Sewer System MSGP - Multi-Sector General Permit NEPA- National Environmental Policy Act NeT- NPDES eReporting Tool NHPA - National Historic Preservation Act NMFS- United States National Marine Fisheries Service NPDES - National Pollutant Discharge Elimination System NOI - Notice of Intent NOT - Notice of Termination NPDES - National Pollutant Discharge Elimination System NRC- National Response Center NRCS - National Resources Conservation Service NSPS - New Source Performance Standards ONRW- Outstanding National Resource Water PAM - Polyacrylamide POTW - Publicly Owned Treatment Works RUSLE - Revised Universal Soil Loss Equation SDS - Safety Data Sheet SHPO-State Historic Preservation Office SPCC - Spill Prevention Control and Countermeasure SWPPP - Stormwater Pollution Prevention Plan THPO-Tribal Historic Preservation Office TMDL-Total Maximum Daily Load TSS - Total Suspended Solids UIC- Underground Injection Control USDA - United States Department of Agriculture USFWS - United States Fish and Wildlife Service USGS - United States Geological Survey WQS - Water Quality Standard Page A-12 of 12 ------- |