Appendix_NPDES_CGP.pdf

Construction General Permit (CGP)

National Pollutant Discharge Elimination System General Permit for Discharges from

Construction Activities

In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter CWA or the Act), as amended by the Water Quality Act of 1987, P.L. 100-4, “operators” of construction activities (defined in Part 1.1.a and 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 earth-disturbing activities” (see Appendix A) until “final stabilization” (see Part 2.2).

This permit becomes effective on February 16, 2012. For the State of Idaho (except for Indian country), this permit becomes effective on April 9, 2012. For areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, this permit becomes effective on April 13, 2012. For projects located in the following areas, this permit becomes effective on May 9, 2012: Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

This permit and the authorization to discharge expire at midnight, February 16, 2017.

Signed and issued this 16th day of February, 2012

H. Curtis Spalding Regional Administrator, Region 1

Signed and issued this 16th day of February, 2012

John Filippelli Director, Division of Environmental Planning & Protection, Region 2

José C. Font Acting Division Director, Carribbean Environmental Protection Division, Region 2, Caribbean Office

Catherine A. Libertz Assistant Director, Water Protection Division, Region 3

James D. Giattina Director, Water Protection Division, Region 4

Signed and issued this 16th day of February and 9th day of May, 2012

Tinka G. Hyde Director, Water Division, Region 5

William K. Honker, P.E.

Acting Director, Water Quality Protection Division, Region 6

Karen Flournoy Director, Wetlands and Pesticides Division, Region 7

Melanie L. Pallman Acting Assistant Regional Administrator, Office of Partneships and Regulatory Assistance, Region 8

Nancy Woo Deputy Director, Water Division, Region 9

Signed and issued this 16th day of February and 9th day of April, 2012

Michael J. Lidgard Acting Director, Office of Water and Watersheds, Region 10

Signed and issued this 13th day of April, 2012

Christine Psyk Associate Director, Office of Water and Watersheds, Region 10

The signatures are for the permit conditions in Parts 1 through 9 and Appendices A through K.

Page i

CONTENTS

1. HOW TO OBTAIN PERMIT COVERAGE UNDER THE CGP

1.1. ELIGIBILITY CONDITIONS REQUIRED OF ALL PROJECTS

1.2. ELIGIBILITY CONDITIONS THAT APPLY DEPENDING ON TYPE OF PROJECT

1.2.1. Eligibility for Emergency-Related Construction Activities

1.2.2. Water Quality Standards – Eligibility for New Sources

1.2.3. Discharging to Waters with High Water Quality – Eligibility for New

Sources

1.2.4. Use of Cationic Treatment Chemicals

1.3. Types of Discharges Authorized Under the CGP

1.4. SUBMITTING YOUR NOTICE OF INTENT (NOI)

1.4.1. How to Submit Your NOI

1.4.2. Deadlines for Submitting Your NOI and Your Official Date of Permit

Coverage

1.4.3. Your Official End Date of Permit Coverage

1.4.4. Continuation of Coverage for Existing Permittees After the Permit Expires

1.4.5. Procedures for Denial of Coverage

1.5. REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE

2. EFFLUENT LIMITATIONS APPLICABLE TO ALL DISCHARGES FROM CONSTRUCTION SITES

2.1. EROSION AND SEDIMENT CONTROL REQUIREMENTS

2.1.1. General Requirements Applicable to All Construction Sites

2.1.2. Erosion and Sediment Control Requirements Applicable to All Sites

2.1.3. Requirements Applicable Only to Sites Using These Specific Stormwater

Controls

2.2. STABILIZATION REQUIREMENTS

2.2.1. Deadlines for Initiating and Completing Stabilization

2.2.2. Criteria for Stabilization

2.3. POLLUTION PREVENTION REQUIREMENTS

2.3.1. Prohibited Discharges

2.3.2. General Maintenance Requirements

2.3.3. Pollution Prevention Standards

2.3.4. Emergency Spill Notification

2.3.5. Fertilizer Discharge Restrictions

3. WATER QUALITY-BASED EFFLUENT LIMITATIONS

3.1. GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS

3.2. DISCHARGE LIMITATIONS FOR IMPAIRED WATERS

3.2.1. Identify If You Discharge To An Impaired Water

3.2.2. Requirements for Discharges to Sediment or Nutrient-Impaired Waters

3.3. DISCHARGES TO WATERS IDENTIFIED AS TIER 2, TIER 2.5, OR TIER 3

3.3.1. Identify if You Discharge to a Tier 2, Tier 2.5, or Tier 3 Water

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3.3.2. Requirements for New Projects Discharging to Tier 2, Tier 2.5, or Tier 3 Waters

4. INSPECTIONS

4.1. SITE INSPECTIONS

4.1.1. Person(s) Responsible for Inspecting Site

4.1.2. Frequency of Inspections

4.1.3. Increase in Inspection Frequency for Sites Discharging to Sensitive Waters

4.1.4. Reductions in Inspection Frequency

4.1.5. Areas that Need to Be Inspected

4.1.6. Requirements for Inspections

4.1.7. Inspection Report

4.2. INSPECTIONS BY EPA

5. CORRECTIVE ACTIONS

5.1. “CORRECTIVE ACTIONS” DEFINED

5.2. REQUIREMENTS FOR TAKING CORRECTIVE ACTION

5.3. CORRECTIVE ACTION REQUIRED BY EPA

5.4. CORRECTIVE ACTION REPORT

6. STAFF TRAINING REQUIREMENTS

7. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

7.1. GENERAL REQUIREMENTS

7.1.1. Requirement to Develop a SWPPP Prior to Submitting Your NOI

7.2. SWPPP CONTENTS

7.2.1. Stormwater Team

7.2.2. Nature of Construction Activities

7.2.3. Emergency-Related Projects

7.2.4. Identification of Other Site Operators

7.2.5. Sequence and Estimated Dates of Construction Activities

7.2.6. Site Map

7.2.7. Construction Site Pollutants

7.2.8. Non-Stormwater Discharges

7.2.9. Buffer Documentation

7.2.10. Description of Stormwater Control Measures

7.2.11. Pollution Prevention Procedures

7.2.12. Procedures for Inspection, Maintenance, and Corrective Action

7.2.13. Staff Training

7.2.14. Documentation of Compliance with Other Federal Requirements

7.2.15. SWPPP Certification

7.2.16. Post-Authorization Additions to the SWPPP

7.3. ON-SITE AVAILABILITY OF YOUR SWPPP

7.4. REQUIRED SWPPP MODIFICATIONS

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7.4.1. List of Conditions Requiring SWPPP Modification

7.4.2. Deadlines for SWPPP Modifications

7.4.3. SWPPP Modification Records

7.4.4. Certification Requirements

7.4.5. Required Notice to Other Operators

8. HOW TO TERMINATE COVERAGE

8.1. MINIMUM INFORMATION REQUIRED IN NOT

8.2. CONDITIONS FOR TERMINATING PERMIT COVERAGE

8.3. HOW TO SUBMIT YOUR NOT

8.4. DEADLINE FOR SUBMITTING NOTS

8.5. EFFECTIVE DATE OF TERMINATION OF COVERAGE

9. PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR

TERRITORIES

APPENDIX A - DEFINITIONS AND ACRONYMS ................................................................................... A-1 APPENDIX B - PERMIT AREAS ELIGIBLE FOR COVERAGE ..................................................................B-1 APPENDIX C - SMALL CONSTRUCTION WAIVERS AND INSTRUCTIONS ......................................... C-1 APPENDIX D - ENDANGERED SPECIES ACT REQUIREMENTS ........................................................... 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 GUIDANCE .................................................................................................... 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

1. HOW TO OBTAIN PERMIT COVERAGE UNDER THE CGP.

To be covered under this permit, you must meet the eligibility conditions and follow the requirements for applying for permit coverage in this Part.

1.1. ELIGIBILITY CONDITIONS REQUIRED OF ALL PROJECTS.

Only those projects that meet all of the following eligibility conditions may be covered under this permit:

a. You are an “operator” of the construction project for which discharges will be covered under this permit;

Note: For the purposes of this permit, an “operator” is 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 (e.g., they are authorized to direct workers at a site to carry out activities required by the permit).

Subcontractors generally are not considered operators for the purposes of this permit.

Note: Where there are multiple operators associated with the same project, all operators are required to obtain permit coverage. The following applies in these situations:

1. If one operator has control over plans and specifications and a different operator has control over activities at the project site, they may divide responsibility for compliance with the terms of this permit as long as they develop a group SWPPP (see Part 7.1.1), which documents which operator has responsibility for each requirement of the permit.

2. If an operator only has operational control over a portion of a larger project (e.g., one of four homebuilders in a subdivision), the operator is responsible for compliance with all applicable effluent limits, terms, and conditions of this permit as it relates to the activities on their portion of the construction site, including protection of endangered species, critical habitat, and historic properties, and implementation of control measures described in the SWPPP in the areas under their control.

3. You must ensure either directly or through coordination with other permittees, that your activities do not render another party’s pollutant discharge controls ineffective.

4. If the operator of a “construction support activity” (see Part 1.3.c) is different than the operator of the main construction site, that operator is also required to obtain permit coverage.

b. Your project:

i. Will disturb 1 or more acres of land, or will disturb less than 1 acre of land but is part of a common plan of development or sale that will ultimately disturb 1 or more acres of land; or

ii. Your project’s discharges have been designated by EPA as needing a permit under § 122.26(a)(1)(v) or § 122.26(b)(15)(ii);

c. Your project is located in an area where EPA is the permitting authority (see Appendix B);

d. Discharges from your project are not:

i. Already covered by a different NPDES permit for the same discharge; or

ii. In the process of having coverage under a different NPDES permit for the same discharge denied, terminated, or revoked.1, 2

e. 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) or federally-designated critical habitat;

f. You have completed the screening process in Appendix E relating to the protection of historic properties and places; and

g. You have complied with all requirements in Part 9 imposed by the applicable state, Indian tribe, or territory in which your construction activities will occur.

1.2. ELIGIBILITY CONDITIONS THAT APPLY DEPENDING ON TYPE OF PROJECT.

You must also satisfy, if applicable, the conditions in Parts 1.2.1 through 1.2.4 in order to obtain coverage under this permit.

1.2.1. Eligibility for Emergency-Related Construction Activities.

If you are conducting earth-disturbing activities in response to a public emergency (e.g., natural disaster, 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 are authorized to discharge on the condition that a complete and accurate NOI is submitted within 30 calendar days after commencing earth-disturbing activities (see Table 1) establishing that you are eligible under this permit. You are also required to provide documentation in your SWPPP to substantiate the occurrence of the public emergency.

1.2.2. Water Quality Standards – Eligibility for New Sources.

If you are a “new source” (as defined in Appendix A), you are not eligible for coverage under this permit for discharges that EPA, prior to authorization under this permit, determines 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 in accordance with Part 1.4.5. 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 water quality standards. In the absence of information demonstrating otherwise, EPA expects that compliance with the stormwater control requirements of this permit, including the requirements applicable to such discharges in Part 3.2, 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.

1 Parts 1.1.d.i and 1.1.d.ii do not include sites currently covered under the 2003 or 2008 CGPs, which are in the process of obtaining coverage under this permit, and sites covered under this permit, which are transferring coverage to a different operator.

2 Notwithstanding a project being made ineligible for coverage under this permit because it falls under the description of Parts 1.1.d.i or 1.1.d.ii, above, EPA may waive the applicable requirement after specific review if it determines that coverage under this permit is appropriate.

1.2.3. Discharging to Waters with High Water Quality – Eligibility for New Sources.

If you are a “new source” (as defined in Appendix A), you are eligible to discharge to a Tier 2, Tier 2.5, or Tier 3 water only if your discharge will not lower the water quality of the applicable water. In the absence of information demonstrating otherwise, EPA expects that compliance with the stormwater control requirements of this permit, including the requirements applicable to such discharges in Part 3.3.2, will result in discharges that will not lower the water quality of the applicable water. See list of Tier 2, Tier 2.5, and Tier 3 waters in Appendix F.

Note: Your project will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first surface 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 surface water to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system.

1.2.4. Use of Cationic Treatment Chemicals.

If you plan to use cationic treatment chemicals (as defined in Appendix A), you are ineligible for coverage under this permit, unless you notify your applicable EPA Regional Office in advance and the EPA 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 a violation of water quality standards.

1.3. Types of Discharges Authorized Under the CGP.

The following is a list of discharges that are allowed under the permit provided that appropriate stormwater controls are designed, installed, and maintained:

a. 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);

b. Stormwater discharges designated by EPA as needing a permit under 40 CFR § 122.26(a)(1)(v) or § 122.26(b)(15)(ii);

c. 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:

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 projects;

iii. The support activity does not continue to operate beyond the completion of the construction activity at the project it supports; and

iv. Stormwater controls are implemented in accordance with Part 2 and, if applicable, Part 3, for discharges from the support activity areas.

d. The following non-stormwater discharges from your construction activity, provided that, with the exception of water used to control dust and to irrigate areas to be vegetatively stabilized, these discharges are not routed to areas of exposed soil on your site and you comply with any applicable requirements for these discharges in Part 2:

i. Discharges from emergency fire-fighting activities;

ii. Fire hydrant flushings;

iii. Landscape irrigation;

iv. Water used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes;

v. Water used to control dust;

vi. Potable water including uncontaminated water line flushings;

vii. Routine external building washdown that does not use detergents;

viii. Pavement wash waters provided spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used. You are prohibited from directing pavement wash waters directly into any surface water, storm drain inlet, or stormwater conveyance, unless the conveyance is connected to a sediment basin, sediment trap, or similarly effective control;

ix. Uncontaminated air conditioning or compressor condensate;

x. Uncontaminated, non-turbid discharges of ground water or spring water;

xi. Foundation or footing drains where flows are not contaminated with process materials such as solvents or contaminated ground water; and

xii. Construction dewatering water that has been treated by an appropriate control under Part 2.1.3.4; and

e. Discharges of stormwater listed above in Parts a, b, and c, or authorized non-stormwater discharges in Part d above, commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

1.4. SUBMITTING YOUR NOTICE OF INTENT (NOI).

To be covered under this permit, you must submit to EPA a complete and accurate NOI prior to commencing construction activities. The NOI certifies to EPA that you are eligible for coverage according to Part 1.1 and 1.2, and provides information on your construction operation and discharge.

Note: All “operators” (as defined in Appendix A) associated with your construction project, who meet the Part 1.1 eligibility requirements, and who elect to seek coverage under this permit, are required to submit an NOI.

Note: There are two exceptions to the requirement to submit the NOI prior to the commencement of construction activities: (1) for emergency-related projects, and (2) for new projects scheduled to commence construction activities on or after February 16, 2012, but no later than March 1, 2012. 3 For these two types of projects, the NOI

3 For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects in the following areas, if you are schedule to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

must be submitted within 30 calendar days after the commencement of earth-disturbing activities (see Part 1.4.2).

Note: You must complete the development of a Stormwater Pollution Prevention Plan (SWPPP) consistent with Part 7 prior to submitting your NOI for coverage under this permit.

1.4.1. How to Submit Your NOI.

You are required to use EPA’s electronic NOI system, or “eNOI system”, to prepare and submit your NOI. Go to www.epa.gov/npdes/stormwater/cgpenoi to access the eNOI system and file an NOI. If you have a problem with the use of the eNOI system, contact the EPA Regional Office that corresponds to the location of your site. If you are given approval by the EPA Regional Office to use a paper NOI, and you elect to use it, you must complete the form in Appendix J.

1.4.2. Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage.

Table 1 provides the deadlines for submitting your NOI and your official start date of permit coverage, which differ depending on when you commence construction activities. The following terms are used in Table 1 to establish NOI deadlines:

a. New project – a construction project that commences construction activities on or after February 16, 2012, or or April 9, 2012 for the State of Idaho (except for Indian country), or April 13, 2012 for areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, or May 9, 2012 for projects located in the following areas: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

b. Existing project – a construction project that commenced construction activities prior to February 16, 2012, or April 9, 2012 for the State of Idaho (except for Indian country), or April 13, 2012 for areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, or May 9, 2012 for projects located in the following areas: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

c. New operator of a new or existing project – an operator that through transfer of ownership and/or operation replaces the operator of an already permitted construction project.

Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage.

Type of Construction Project

Deadlines for Operators to Submit

NOI

Official Start Date for Permit Coverage

New project You must submit your NOI at least 14 calendar days prior to commencing earth-disturbing activities.

Exception: If your project qualifies as an “emergency-related project” under Part 1.2.1, you must submit your NOI by no later than 30 calendar days after commencing

You are considered covered under this permit 14 calendar days after EPA has acknowledged receipt of your NOI on the Agency’s website (www.epa.gov/npdes/stormwater/c gpnoisearch), unless EPA notifies you that your authorization has been delayed or denied.

Exception: If your project qualifies as http://www.epa.gov/npdes/stormwater/cgpenoi http://www.epa.gov/npdes/stormwater/cgpnoisearch http://www.epa.gov/npdes/stormwater/cgpnoisearch

Type of Construction Project

Deadlines for Operators to Submit

NOI

Official Start Date for Permit Coverage earth-disturbing activities.

Exception: If you are scheduled to commence construction activities on or after February 16, 2012, but no later than March 1, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities.4 an “emergency-related project” under Part 1.2.1, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied.

Exception: If you are scheduled to commence construction activities on or after February 16, 2012, but no later than March 1, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied.5

4 For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, you must submit your NOI by no later than 30 calendar days after commencing earth-disturbing activities. For new projects located in the following areas, if you are scheduled to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, you must submit your NOI by no later than 30 days after commencing earth-disturbing activities: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

5 For new projects in the State of Idaho (except Indian country), if you are scheduled to commence construction activities on or after April 9, 2012, but no later than May 9, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied. For new projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, if you are scheduled to commence construction activities on or after April 13, 2012, but no later than May 13, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied. For new projects located in the following areas, if you are scheduled to commence construction activities on or after May 9, 2012, but no later than June 8, 2012, you are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA has acknowledged receipt of your NOI, unless EPA notifies you that your authorization has been delayed or denied: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin.

Type of Construction Project

Deadlines for Operators to Submit

NOI

Official Start Date for Permit Coverage

Existing project You must submit your NOI by no later than May 16, 2012.6 However, if you have not previously obtained coverage under an NPDES permit, you must submit your NOI immediately.

You are considered covered under this permit 14 calendar days after EPA has acknowledged receipt of your NOI on the Agency’s website (www.epa.gov/npdes/stormwater/c gpnoisearch), unless EPA notifies you that your authorization has been delayed or denied.7

New operator of a new or existing project

You must submit your NOI at least 14 calendar days before the date the transfer to the new operator will take place.

You are considered covered under this permit 14 calendar days after EPA has acknowledged receipt of your NOI on the Agency’s website (www.epa.gov/npdes/stormwater/c gpnoisearch), unless EPA notifies you that your authorization has been delayed or denied.

Note: If you have missed the deadline to submit your NOI, any and all discharges from your construction activities will continue to be unauthorized under the Clean Water Act 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 earth-disturbing activities and discharge authorization.

Note: Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for permit coverage.

1.4.3. Your Official End Date of Permit Coverage

Once covered under this permit, your coverage will last until the date that:

You terminate permit coverage consistent with Part 8; or

Your discharges are permitted under a different NPDES permit or a reissued or replacement version of this permit after expiring on February 16, 2017; or

For existing projects that continue after this permit has expired, the deadline has passed for the submission of an NOI for coverage under a reissued or replacement version of this permit and you have failed to submit an NOI by the required deadline.

1.4.4. Continuation of Coverage for Existing Permittees After the Permit Expires.

If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act and

6 For existing projects located in the State of Idaho (except Indian country), NOIs must be submitted by no later than July 8, 2012. For existing projects located in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, NOIs must be submitted by no later than July 12, 2012. For existing projects located in the following areas, NOIs must be submitted no later than August 7, 2012: the Fond Du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota;

and the Bad River Band and Lac Du Flambeau Band of Lake Superior Chippewa in Wisconsin.

7 Note that if you are currently covered under the 2003 or 2008 CGP, this coverage continues until your coverage under this permit begins, provided you have submitted an NOI by the deadline.

remain in force and effect for discharges that were covered prior to expiration. If you were granted permit coverage prior to the expiration date, you will automatically remain covered by this permit until the earliest of:

• Your authorization for coverage under a reissued or replacement version of this permit following your timely submittal of a complete and accurate NOI requesting coverage under the new permit; or

Note: If you fail to submit a timely NOI for coverage under the reissued or replacement permit, your coverage will terminate on the date that the NOI was due.

• Your submittal of a Notice of Termination; or

• Issuance or denial of an individual permit for the project’s discharges; or

• A final permit decision by EPA not to reissue a general permit, at which time EPA will identify a reasonable time period for covered dischargers to seek coverage under an alternative general permit or an individual permit. Coverage under this permit will terminate at the end of this time period.

EPA reserves the right to modify or revoke and reissue this permit under 40 CFR 122.62 and 63, in which case you will be notified of any relevant changes or procedures to which you may be subject.

1.4.5. Procedures for Denial of Coverage.

Following your submittal of a complete and accurate NOI, you may be notified in writing by EPA that you are not covered, and that you must either apply for and/or obtain coverage under an individual NPDES permit or an alternate general NPDES permit. This notification will include a brief statement of the reasons for this decision and will provide application information. Any interested person may request that EPA consider requiring an individual permit under this paragraph.

If you are already a permittee with coverage under this permit, the notice will set a deadline to file the permit application, and will include a statement that on the effective date of the individual NPDES permit or alternate general NPDES permit, as it applies to you, coverage under this general permit will terminate. EPA may grant additional time to submit the application if you request it. If you are covered under this permit and fail to submit an individual NPDES permit application or an NOI for an alternate general NPDES permit as required by EPA, then the applicability of this permit to you is terminated at the end of the day specified by EPA as the deadline for application submittal. EPA may take appropriate enforcement action for any unpermitted discharge. If you submit a timely permit application, then when an individual NPDES permit is issued to you or you are provided with coverage under an alternate general NPDES permit, your coverage under this permit is terminated on the effective date of the individual permit or date of coverage under the alternate general permit.

1.5. REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE.

You must post a sign or other notice conspicuously at a safe, publicly accessible location in close proximity to the project site. At a minimum, the notice must include the NPDES Permit tracking number and a contact name and phone number for obtaining additional project information. 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.

2. EFFLUENT LIMITATIONS APPLICABLE TO ALL DISCHARGES FROM CONSTRUCTION SITES

You are required to comply with the following effluent limitations in this Part for discharges from your site and/or from construction support activities (see Part 1.3.c).

Note: If your project is an “existing project” (see Part 1.4.2.b) or if you are a “new operator of an existing project” (see Part 1.4.2.c), and it is infeasible for you to comply with a specific requirement in this Part because (1) the requirement was not part of the permit you were previously covered under (i.e., the 2003 or 2008 CGP), and (2) because you are prevented from compliance due to the nature or location of earth disturbances that commenced prior to February 16, 2012 (or prior to April 9, 2012 for projects in the State of Idaho (except for Indian country), or prior to April 13, 2012 for projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, or prior to May 9, 2012 for projects located in the following areas: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin), or because you are unable to comply with the requirement due to the manner in which stormwater controls have already been installed or were already designed prior to February 16, 2012 (or prior to April 9, 2012 for projects in the State of Idaho (except for Indian country), or prior to April 13, 2012 for projects in areas in the State of Washington (except for Indian country) subject to construction activity by a Federal Operator, or prior to May 9, 2012 for projects located in the following areas: the Fond du Lac Band and Grand Portage Band of Lake Superior Chippewa in Minnesota; and the Bad River Band and Lac du Flambeau Band of Lake Superior Chippewa in Wisconsin), you are required to document this fact in your SWPPP and are waived from complying with that requirement. This flexibility applies only to the requirements in Parts 2.1, and 2.3.3 through 2.3.5 (except for Parts 2.3.3.1, 2.3.3.2b, 2.3.3.3c.i, and 2.3.3.4). This only applies to those portions of your site that have already commenced earth-disturbing activities or where stormwater controls implemented in compliance with the previous permit have already been installed.

Part 2 includes the following types of requirements:

• Erosion and Sediment Control Requirements (Part 2.1)

• Stabilization Requirements (Part 2.2)

• Pollution Prevention Requirements (Part 2.3)

2.1. EROSION AND SEDIMENT CONTROL REQUIREMENTS.

You must design, install, and maintain erosion and sediment controls that minimize the discharge of pollutants from earth-disturbing activities. To meet this requirement, you must comply with the following provisions.

2.1.1. General Requirements Applicable to All Construction Sites.

2.1.1.1 Area of Disturbance. You are required to minimize the amount of soil exposed during construction activities. You are also subject to the deadlines for temporarily and/or permanently stabilizing exposed portions of your site pursuant to Part 2.2.

2.1.1.2 Design Requirements.

a. You must account for the following factors in designing your stormwater controls:

i. The expected amount, frequency, intensity, and duration of precipitation;

ii. 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. If any stormwater flow will be channelized at your site, you must design stormwater controls to control both peak flowrates and total stormwater volume to minimize erosion at outlets and to minimize downstream channel and streambank erosion; and

iii. The range of soil particle sizes expected to be present on the site.

b. You must direct discharges from your stormwater controls to vegetated areas of your site to increase sediment removal and maximize stormwater infiltration, including any natural buffers established under Part 2.1.2.1, unless infeasible. Use velocity dissipation devices if necessary to prevent erosion when directing stormwater to vegetated areas.

2.1.1.3 Installation Requirements.

a. Complete installation of stormwater controls by the time each phase of earth-disturbance has begun, unless infeasible. By the time earth-disturbing activities in any given portion of your site have begun, unless infeasible, you must install and make operational any downgradient sediment controls (e.g., buffers or equivalent sediment controls, perimeter controls, exit point controls, storm drain inlet protection) that control discharges from the initial site clearing, grading, excavating, and other land-disturbing activities.

Note: Where it is infeasible to install stormwater controls prior to the initial earth disturbance, it is EPA’s expectation that it will be a rare circumstance that will prevent the operator from installing such controls immediately following the initial earth disturbance.

Following the installation of these initial controls, all other stormwater controls planned for this portion of your site and described in your SWPPP must be installed and made operational as soon as conditions on the site allow.

Note: The requirement to install stormwater controls prior to earth-disturbance for each phase of the project does not apply to the earth disturbance associated with the actual installation of these controls.

b. Use good engineering practices and follow manufacturer’s specifications.

You must install all stormwater controls in accordance with good engineering practices, including applicable design specifications.

Note: 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 your SWPPP.

2.1.1.4 Maintenance Requirements.

a. You must ensure that all erosion and sediment controls required in this Part remain in effective operating condition during permit coverage and are protected from activities that would reduce their effectiveness.

b. You must inspect all erosion and sediment controls in accordance with the applicable requirements in Part 4.1, and document your findings in accordance with Part 4.1.7. If you find a problem (e.g., erosion and sediment controls need to be replaced, repaired, or maintained), you must make the necessary repairs or modifications in accordance with the following schedule:

i. Initiate work to fix the problem immediately after discovering the problem, and complete such work by the close of the next work day, if the problem does not require significant repair or replacement, or if the problem can be corrected through routine maintenance.

ii. When installation of a new erosion or sediment control or a significant repair is needed, you must install the new or modified control and make it operational, or complete the repair, by no later than 7 calendar days from the time of discovery where feasible. If it is infeasible to complete the installation or repair within 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 practicable 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 7 calendar days of completing this work.

2.1.2. Erosion and Sediment Control Requirements Applicable to All Sites.

2.1.2.1 Provide Natural Buffers or Equivalent Sediment Controls. (These requirements only apply when a surface water is located within 50 feet of your project’s earth disturbances).

Note: EPA does not consider stormwater control features (e.g., stormwater conveyance channels, storm drain inlets, sediment basins) to constitute “surface waters” for the purposes of triggering the requirement to comply with this Part.

Note: Areas that you do not own or that are otherwise outside your operational control may be considered areas of undisturbed natural buffer for purposes of compliance with this part.

You must ensure that any discharges to surface waters through the area between the disturbed portions of the property and any surface waters located within 50 feet of your site are treated by an area of undisturbed natural buffer and/or additional erosion and sediment controls in order to achieve a reduction in sediment load equivalent to that achieved by a 50-foot natural buffer. Refer to Appendix G (Buffer Guidance) for information to assist you in complying with this requirement, and to Part 2.1.2.1e for exceptions to this requirement.

a. Compliance Alternatives. You can comply with this requirement in one of the following ways:

i. Provide and maintain a 50-foot undisturbed natural buffer; or

Note: If your earth disturbances are located 50 feet or further from a surface water, then you have complied with this alternative.

ii. Provide and maintain an undisturbed natural buffer that is less than 50 feet and is supplemented by additional erosion and sediment controls, which in combination achieves the sediment load reduction equivalent to a 50-foot undisturbed natural buffer; or

iii. If it is infeasible to provide and maintain an undisturbed natural buffer of any size, you must implement erosion and sediment controls that achieve the sediment load reduction equivalent to a 50-foot undisturbed natural buffer.

Note: For the compliance alternatives in Parts 2.1.2.1a.i and 2.1.2.1a.ii, you are not required to enhance the quality of the vegetation that already exists in the buffer, or provide vegetation if none exists (e.g., arid and semi-arid areas). You only need to retain and protect from disturbance the natural buffer that existed prior to the commencement of construction. Any preexisting structures or impervious surfaces are allowed in the natural buffer provided you retain and protect from disturbance the natural buffer area outside the preexisting disturbance. Similarly, for alternatives 2.1.2.1a.ii and 2.1.2.1a.iii, you are required to implement and maintain sediment controls that achieve the sediment load reduction equivalent to the undisturbed natural buffer that existed on the site prior to the commencement of construction. In determining equivalent sediment load reductions, you may consider naturally non-vegetated areas and prior disturbances. See Appendix G for a discussion of how to determine equivalent reductions.

You must document the compliance alternative you have selected in your SWPPP, and comply with the applicable additional requirements described in Parts 2.1.2.1b and 2.1.2.1c below.

The compliance alternative selected above must be maintained throughout the duration of permit coverage, except that you may select a different compliance alternative during your period of permit coverage, in which case you must modify your SWPPP to reflect this change.

b. Additional Requirements for the Compliance Alternatives in Parts 2.1.2.1a.i and 2.1.2.1a.ii. If you choose either of the compliance alternatives in Parts 2.1.2.1a.i or 2.1.2.1a.ii above, throughout your period of coverage under this permit, you must comply with the following additional requirements:

i. Ensure that all discharges from the area of earth disturbance to the natural buffer are first treated by the site’s erosion and sediment controls, and use velocity dissipation devices if necessary to prevent erosion caused by stormwater within the buffer;

ii. Document in your SWPPP the natural buffer width retained on the property, and show the buffer boundary on your site plan; and

iii. Delineate, and clearly mark off, with flags, tape, or other similar marking device all natural buffer areas.

c. Additional Requirements for the Compliance Alternatives in Parts 2.1.2.1a.ii and 2.1.2.1a.iii. If you choose either of the compliance alternatives in Parts 2.1.2.1a.ii and 2.1.2.1a.iii, you must document in your SWPPP 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. Additional Requirement for the Compliance Alternative in Part 2.1.2.1a.iii.

If you choose the compliance alternative in Part 2.1.2.1a.iii, you must also include in your SWPPP a description of why it is infeasible for you to provide and maintain an undisturbed natural buffer of any size.

e. Exceptions.

i. If there is no discharge of stormwater to surface waters through the area between your site and any surface waters located within 50 feet of your site, you are not required to comply with the requirements in this Part. This includes situations where you have implemented control measures, such as a berm or other barrier, that will prevent such discharges.

ii. Where no natural buffer exists due to preexisting development disturbances (e.g., structures, impervious surfaces) that occurred prior to the initiation of planning for the current development of the site, you are not required to comply with the requirements in this Part, unless you will remove portions of the preexisting development.

Where some natural buffer exists but portions of the area within 50 feet of the surface water are occupied by preexisting development disturbances, you are required to comply with the requirements in this Part. For the purposes of calculating the sediment load reduction for either Part 2.1.2.1a.ii or 2.1.2.1a.iii above, you are not expected to compensate for the reduction in buffer function from the area covered by these preexisting disturbances. See Appendix G for further information on how to comply with the compliance alternatives in Part 2.1.2.1a.ii or 2.1.2.1a.iii above.

If during your project, you will disturb any portion of these preexisting disturbances, the area disturbed will be deducted from the area treated as natural buffer.

iii. For “linear construction projects” (see Appendix A), you are not required to comply with the requirements in this Part if site constraints (e.g., limited right-of-way) prevent you from meeting any of the compliance alternatives in Part 2.1.2.1a, provided that, to the extent practicable, you limit disturbances within 50 feet of the surface water and/or you provide supplemental erosion and sediment controls to treat stormwater discharges from earth disturbances within 50 feet of the surface water. You must also document in your SWPPP your rationale as to why it is infeasible for you to comply with the requirements in Part 2.1.2.1a, and describe any buffer width retained and/or supplemental erosion and sediment controls installed.

iv. For “small residential lot” construction (i.e., 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), you have the option of complying with the requirements in Appendix G (Part G.2.3).

v. The following disturbances within 50 feet of a surface water are exempt from the requirements in this Part:

• Construction approved under a CWA Section 404 permit; or

• Construction of a water-dependent structure or water access area (e.g., pier, boat ramp, trail).

You must document in your SWPPP if any of the above disturbances will occur within the buffer area on your site.

2.1.2.2 Install Perimeter Controls.

a. Installation Requirements: You must install sediment controls along those perimeter areas of your site that will receive stormwater from earth-disturbing activities.8

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