A.01.30_17R0005_South_Carolina_Construction_General_Stormwater_Permit_7-18-2017.pdf

www.scdhec.gov/water

South Carolina

NPDES GENERAL PERMIT FOR STORMWATER DISCHARGES

FROM

CONSTRUCTION ACTIVITIES

In compliance with the provisions of the SC Pollution Control Act (S.C. Code Sections 48-1-10 et seq., 1976) and 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 large and small construction activities that are described in Section

1.3 of this National Pollutant Discharge Elimination System (NPDES) general permit, except for those activities excluded from authorization of discharge in Section 1.3.3 of this permit, are authorized to discharge stormwater to Surface Waters of the State in accordance with the conditions and requirements set forth herein. Permit coverage is required from the “commencement of construction activities” until “final stabilization” as defined in Appendix A.

Ann R. Clark, Director

Stormwater, Construction, Agricultural, and Dams Permitting Division Bureau of Water

Permit No.: SCR100000 Issued: October 15, 2012

Effective: January 1, 2013 Expires: December 31, 2017

NPDES General Permit for Stormwater Discharges From Construction Activities

Table of Contents

ACRONYMS & ABBREVIATIONS

SECTION 1: COVERAGE UNDER THIS PERMIT

1.1 INTRODUCTION

1.2 PERMIT AREA

1.3 ELIGIBILITY

1.3.1 ALLOWABLE STORMWATER DISCHARGES

1.3.2 ALLOWABLE NON-STORMWATER DISCHARGES

1.3.3 LIMITATIONS ON COVEARGE

1.4 WAIVERS FOR CERTAIN SMALL CONSTRUCTION ACTIVITIES

SECTION 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM

CONSTRUCTION ACTIVITY

2.1 REQUIREMENTS OF OPERATORS

2.2 CATEGORIES OF OPERATORS

2.2.1 PRIMARY PERMITTEE

2.2.2 SECONDARY PERMITTEES

2.2.3 CONTRACTORS

2.2.4 LENDING INSTITUTIONS

2.3 NOTICE OF INTENT AND OTHER REQUIRED INFORMATION

2.3.1 NOI FOR PRIMARY PERMITTEES

2.3.2 REQUIREMENTS FOR NOIs FOR SECONDARY PERMITTEES, ANNUAL

BLANKET UTILITY PROVIDERS, AND CONTRACTOR CERTIFICATIONS

2.3.3 OTHER REQUIRED INFORMATION

2.4 SUBMISSION DEADLINES

2.4.1 NEW PROJECTS

2.4.2 PERMITTED ONGOING PROJECTS

2.4.3 NEW OWNER/OPERATOR OF ONGOING PROJECTS

2.4.4 UN-PERMITTED ONGOING PROJECTS

2.4.5 LATE NOTIFICATIONS

2.5 WHERE TO SUBMIT

2.6 AUTHORIZATION TO DISCHARGE

SECTION 3: STORMWATER POLLUTION PREVENTION PLANS (SWPPPS)

3.1 OVERVIEW

3.1.1 GENERAL INFORMATION/COMPREHESIVE AND ON-SITE SWPPPS

3.1.2 DESIGN AND DEVLOPMENT

3.1.3 SIGNATORY REQUIREMENTS

3.1.4 APPLICABLE STATE, TRIBAL, OR LOCAL PROGRAMS

3.1.5 REVIEWS AND APPROVALS

3.1.6 AVAILABILITY

3.1.7 MODIFICATIONS

3.2 CONTENTS

3.2.1 NARRATIVE

3.2.2 STORMWATER MANAGEMENT AND SEDIMENT CONTROL

3.2.3 SEQUENCE OF CONSTRUCTION

3.2.4 SITE FEATURES AND SENSITIVE AREAS (BUFFER ZONES)

3.2.5 SOURCES OF POLLUTION

3.2.6 BEST MANAGEMENT PRACTICES (BMPS)

3.2.7 MAPS

3.2.8 ENGINEERING REPORTS

3.2.9 CONSTRUCTION SITE PLANS

3.2.10 NON-NUMERIC EFFLUENT LIMITATIONS

3.2.11 MANAGEMENT OF NON-STORMWATER DISCHARGES

3.2.12 (TMDL) DOCUMENTATION OF PERMIT ELIGIBILITY RELATED TO

TOTAL MAXIMUM DAILY LOADS

SECTION 4: IMPLEMENTATION, INSPECTION AND MAINTENANCE OF BMPS

4.1 PRE-CONSTRUCTION CONFERENCES

4.2 INSPECTIONS

4.3 MAINTENANCE

SECTION 5: TERMINATION OF COVERAGE

5.1 REQUIREMENTS

5.2 SUBMITTING A NOTICE OF TERMINATION

5.3 WHERE TO SUBMIT

SECTION 6: SPECIAL CONDITIONS, MANAGEMENT PRACTICES AND OTHER

NON-NUMERIC LIMITATIONS

6.1 CONTINUATION OF THE EXPIRED GENERAL PERMIT

6.2 REQUIRING AN INDIVIDUAL PERMIT OR AN ALTERNATIVE GENERAL PERMIT

6.3 RELEASES IN EXCESS OF REPORTABLE QUANTITIES

6.4 ATTAINMENT OF WATER QUALITY STANDARDS AFTER AUTHORIZATION

SECTION 7: RETENTION OF RECORDS

SECTION 8: REOPENER CLAUSE

8.1 PROCEDURES FOR MODIFICATION OR REVOCATION

8.2 WATER QUALITY PROTECTION

8.3 TIMING OF PERMIT MODIFICATION

SECTION 9: STANDARD PERMIT CONDITIONS

APPENDIX A – DEFINITIONS

APPENDIX B – SMALL CONSTRUCTION ACTIVITY WAIVERS AND INSTRUCTIONS

A. RAINFALL EROSIVITY WAIVER

B. TMDL WAIVER

C. EQUIVALENT ANALYSIS WAIVER

D. WAIVER DEADLINES AND SUBMISSIONS

APPENDIX C – SECTIONS 122.41 AND 122.22 OF SC REGULATION 61-9

APPENDIX D – SECTIONS 302 AND 307 OF SC REGULATION 72-300

NPDES General Permit for Stormwater Discharges From Construction Activities

ACRONYMS & ABBREVIATIONS

As used in this permit, the following acronyms and abbreviations shall have the meanings indicated below:

AB-NOI - Annual Blanket Notice of Intent BMPs - Best Management Practices CFR - Code of Federal Regulations CGP - Construction General Permit CRW - Coastal Receiving Water CWA - Clean Water Act C-SWPPP - Comprehensive Stormwater Pollution Prevention Plan CZC - Coastal Zone Consistency DHEC or SCDHEC –South Carolina Department of Health and Environmental Control EIN - Employer Identification Number EPA - United States Environmental Protection Agency EQC - Environmental Quality Control GEP - Good Engineering Practices GCZC - General Coastal Zone Consistency IL-NOI - Individual Lot Notice of Intent LCP - Larger Common Plan LOD – Limit of Disturbance LID - Low Impact Development MS4 - Municipal Separate Storm Sewer System NOI - Notice of Intent NOT - Notice of Termination NPDES - National Pollutant Discharge Elimination System OCRM – Ocean and Coastal Resource Management ODSA - Operator of Day-to-Day Site Activity ONRW - Outstanding National Resource Waters OS-SWPPP - On-Site Stormwater Pollution Prevention Plan PCA - South Carolina Pollution Control Act POTW - Publicly Owned Treatment Works RWB - Receiving Waters or Receiving Water Bodies SCNW – South Carolina Navigable Waters SMSCP - Stormwater Management and Sediment Control Plan SWPPP - Stormwater Pollution Prevention Plan TMDL - Total Maximum Daily Load USACOE – United States Army Corps of Engineers WLA - Waste Load Allocation WoS - Waters of the State WQS - Water Quality Standards

Section 1: COVERAGE UNDER THIS PERMIT

1.1 INTRODUCTION

This Construction General Permit (CGP) authorizes Stormwater discharges from large and small construction activities where those discharges enter Surface Waters of the State or a Municipal Separate Storm Sewer System (MS4) leading to Surface Waters of the State subject to the conditions set forth in this permit. This permit also authorizes Stormwater discharges from any other construction activity designated by DHEC where DHEC makes that designation based on the potential for contribution to a violation of a Water Quality Standard (WQS) or for significant contribution of pollutants to Surface Waters of the State. This permit replaces the Stormwater Construction General Permit (NPDES # SCR100000) issued September 1, 2006. Any references to the 2006 CGP in this permit refer to that permit.

This permit also addresses post-construction discharges, both water quality and quantity, through the regulations listed under SC Regulations 72-307, Specific Design Criteria, Minimum Standards and Specifications.

This permit is presented in a reader-friendly, plain language format. This permit uses the terms “you” and “your” to identify the person(s) who owns or operates a “facility” or “activity” as defined in Appendix A and who must comply with the conditions of this permit. This format should allow you, the Applicant and Operator of a large or small construction activity, to easily locate and understand applicable requirements.

The goal of this permit is to reduce or eliminate stormwater pollution from construction activity by requiring that you plan and implement appropriate pollution control practices to protect water quality.

1.2 PERMIT AREA

This permit covers all areas of South Carolina including Indian lands. The permit does not cover construction activities where the South Carolina Department of Transportation is the operator of the construction activity. Discharges on those construction sites are covered under the NPDES General Permit for Stormwater Discharges from South Carolina Department of Transportation Construction Activities (SCR160000).

1.3 ELIGIBILITY

Permit eligibility is limited to discharges from “large” and “small” construction activities as defined in Appendix A. This general permit contains eligibility restrictions, as well as permit conditions and requirements. You may have to take certain actions to be eligible for coverage under this permit. In such cases, you must continue to satisfy those eligibility provisions to maintain permit authorization. If you do not meet the requirements that are a pre-condition to eligibility, then resulting discharges constitute un-permitted discharges. By contrast, if you do not comply with the requirements of the general permit, you may be in violation of the general permit for your otherwise eligible discharges.

1.3.1 Allowable Stormwater Discharges

Subject to compliance with the terms and conditions of this permit, you are authorized to discharge pollutants in:

A. Stormwater discharges from construction activities including clearing, grading, filling, demolition that results in soil exposure, excavating and other land disturbing activities of one acre or more. In addition, stormwater discharges from projects or developments of less than one acre of land disturbance are required to obtain authorization under this permit if the construction activities at the site are part of a larger common plan of development or sale that comprise of at least one acre of land disturbance. One or more site operators must maintain coverage under this permit for all portions of a site that have not reached final stabilization as defined in Appendix A.

B. In the State’s Coastal Zone (Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry and Jasper Counties), this permit also authorizes stormwater discharges from construction activities including clearing, grading, filling, demolition that results in soil exposure, excavating and other land disturbing activities of less than one acre located within one-half mile of a coastal receiving water which is a receiving water body as defined in the Policies and Procedures of the South Carolina Coastal Zone Management Program, updated July 1995.

Projects or developments located in the Coastal Zone that are not part of a larger common plan of development or sale, that disturb one-half acre or less, and are located within one-half mile of a coastal receiving water are automatically granted coverage under this general permit without submitting an NOI to the Department provided the appropriate Best Management Practices are being used during construction activities. These construction activities require a coastal zone consistency determination, which is issued by DHEC's Office of Ocean and Coastal Resource Management. A comprehensive list of General CZC Certifications is available at http://www.scdhec.gov/environment/ocrm/czc.htm.

Construction activities not listed require a CZC submittal and review by OCRM staff.

C. Stormwater discharges designated by DHEC as needing a Stormwater permit under §122.26(a)(1)(v) or §122.26(b)(15)(ii) of SC Regulation 61-9 (Water Pollution Control Permits-NPDES and Land Application Permits Regulation):

http://www.scdhec.gov/environment/water/regs/r61-9.pdf;

http://www.scdhec.gov/environment/ocrm/czc.htm http://www.scdhec.gov/environment/water/regs/r61-9.pdf

D. Discharges from 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

NPDES permit coverage for discharges of Stormwater associated with construction activity;

II. The support activity is not a commercial operation serving multiple unrelated construction projects by different Operators;

III. The support activity does not operate beyond the completion of the construction activity at the last construction Project it supports; and

IV. The appropriate erosion prevention and sediment controls and measures applicable to the support activity, including any measures or monitoring required under the current NPDES General Permit for Stormwater Discharges from Industrial Activities, are described in the Comprehensive Stormwater Pollution Prevention Plan (SWPPP) covering the discharges from the support activity areas.

E. Discharges composed of allowable discharges listed in Sections 1.3.1 and 1.3.2 commingled with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

1.3.2 Allowable Non-Stormwater Discharges

A. The following non-Stormwater discharges are authorized by this permit, provided the non-Stormwater component of the discharge is in compliance with and managed according to Section 3.2.11 (Management of Non-Stormwater Discharges):

I. Discharges from fire-fighting activities;

II. Fire hydrant flushings;

III. Waters used to wash vehicles where detergents are not used;

IV. Water used to control dust in accordance with Section 3.2.2 (Stormwater

Management and Sediment Control);

V. Potable water including uncontaminated water line flushings;

VI. Routine external building wash down that does not use detergents;

VII. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used;

VIII. Uncontaminated air conditioning or compressor condensate;

IX. Uncontaminated ground water or spring water;

X. Foundation or footing drains where flows are not contaminated with process materials such as solvents;

XI. Uncontaminated excavation dewatering;

XII. Landscape irrigation; and XIII. Dechlorinated swimming pool discharges.

B. All non-Stormwater discharges authorized by this permit shall not cause erosion of soil or the stream bank and shall not cause or contribute to violations of water quality standards.

1.3.3 Limitations On Coverage

A. This permit does not authorize post-construction discharges that originate from the construction site after land-disturbing activities have been completed and the construction site has achieved final stabilization, including any temporary support activity. Post-construction Stormwater discharges from industrial sites may need to be covered by a separate NPDES permit.

B. This permit does not authorize Stormwater discharges associated with construction activity that have been covered under an individual permit or required to obtain coverage under an alternative general permit in accordance with Section 6.2.

I. This permit does not authorize stormwater discharges from mining activities.

Mining discharges are covered under a separate NPDES permit.

II. This permit does not authorize stormwater discharges from a landfill after the landfill becomes operational. Discharges from an operational landfill and landfill expansions are covered under a separate NPDES permit.

C. This permit does not authorize discharges that DHEC, prior to authorization under this permit, determines will cause, have the reasonable potential to cause, or contribute to a violation of any applicable Water Quality Standard. Where such a determination is made prior to authorization, DHEC may notify you that an individual permit application is necessary in accordance with Section 6.2.

However, DHEC may authorize your coverage under this permit after you have included appropriate controls and implementation procedures in your C-SWPPP designed to bring your discharge into compliance with water quality standards.

D. Discharging into Receiving Waters with an Approved Total Maximum Daily Load Analysis. The following is a list of limitations on coverage under this permit for discharges into receiving waters with an approved TMDL. See Section

3.2.12 for guidance on C-SWPPP documentation with regards to TMDL eligibility.

I. You are not eligible for coverage under this permit for stormwater construction discharges of pollutants of concern to waters for which there is an EPA approved or established Total Maximum Daily Load (TMDL) for the same pollutant unless you incorporate into your SWPPP measures or controls that are consistent with the assumptions and requirements of such TMDL.

II. You are not eligible for coverage under this permit in the situation where an

EPA approved or established TMDL has specified a general Waste Load Allocation (WLA) applicable to construction Stormwater discharges and where no specific requirements for construction sites have been identified in the TMDL, unless you consult with the Department to confirm that adherence to a SWPPP that meets the requirements of the CGP will be consistent with the TMDL.

III. You are not eligible for coverage under this permit in a situation where an EPA approved or established TMDL has not specified a Waste Load Allocation applicable to construction Stormwater discharges, but has also not specifically excluded these discharges, unless adherence to a SWPPP that meets the requirements of the CGP is assumed to be consistent with the approved TMDL.

IV. You are not eligible for coverage under this permit in a situation where an EPA approved or established TMDL specifically precludes stormwater construction discharges to the receiving waters.

1.4 Waivers For Certain Small Construction Activities

A. Three scenarios (Rainfall Erosivity Waiver, TMDL Waiver, and Equivalent

Analysis Waiver) exist under which small construction activities (see definition in Appendix A) may be waived from the NPDES permitting requirements detailed in this CGP. These waivers are applicable only to small construction activities and are predicated on certain criteria being met and proper notification procedures being followed, including submittal and approval of waiver certifications prior to commencement of construction activities.

B. Details of the waiver options and procedures for requesting a waiver are provided in Appendix B (Small Construction Activity Waivers and Instructions).

Section 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER

FROM CONSTRUCTION ACTIVITY

2.1 REQUIREMENTS OF OPERATORS

Construction Site Operators must complete and submit, if required, the appropriate NOI form as specified below. “Operator” for the purpose of this permit and in the context of stormwater associated with construction activity means any person associated with a construction project who meets one of the following two criteria:

A. The person has operational control over construction plans, SWPPPs, and specifications, including the ability to request modifications to those plans, SWPPPs, and specifications by a qualified individual identified in Section 3.1.2.B of this permit. This person is typically the owner or developer of the project or a portion of the project (subsequent builders), and is considered the Primary Permittee; or

B. The person has day-to-day operational control of those activities at a construction site, which are necessary to ensure compliance with a SWPPP for the construction site or other permit conditions. This person is often referred to as the Operator of Day-to-Day Site Activities (OSDA) and is typically a contractor or a residential builder who is hired by the Primary Permittee. This person is considered a Secondary Permittee for a residential development.

2.2 CATEGORIES OF OPERATORS

2.2.1 Primary Permittee

A. An owner, developer(s) or operator of a project is a primary permittee. This person meets one or both of the definitions of Operator above. This person may include, but is not limited to a developer, landowner, realtor, builder, utility provider, public or private entity, etc. The Primary Permittee’s responsibility to comply with requirements of this permit extends until permit coverage is terminated in accordance with requirements of Section 5. The Primary Permittee must submit a complete and accurate NOI as described in Section 2.3. The Primary Permittee may rely on, or require, Secondary Permittees and/or contractors to assist with project activities necessary to ensure compliance with this permit and implementation of the OS-SWPPP

B. The Primary Permittee on any construction site subject to this permit is responsible for preparation of the site-specific C-SWPPP as described in Section 3 of this permit.

C. The Primary Permittee on any construction site shall either enforce compliance with the approved, site-specific OS-SWPPP or report activities, which are not in compliance with the OS-SWPPP or this permit, to the appropriated Regulatory Agency when a Secondary Permittee fails to implement the appropriate BMPs or other measures as outlined by the OS-SWPPP or this permit.

2.2.2 Secondary Permittees

An individual lot owner or residential builder that conducts land-disturbing activity at a construction site, that is limited to an individual lot or a group of lots that are part of a LCP previously approved by the Department, is a Secondary Permittee.

A. Residential Subdivisions – Individual and/or Multiple Lots

Individual lots or a collection of individual lots within a residential subdivision that are part of a Larger Common Plan (LCP) are regulated regardless of lot size or ownership. If the Primary Permittee obtains coverage under this permit for the development and then sells lots within the development, then coverage under this permit may either continue with the Primary Permittee or the Primary Permittee may require that the new lot owner (or new lot owner may choose to) obtain their own coverage under this permit as a Secondary Permittee. The Primary Permittee must inform the new owner of the Individual Lot Notice of Intent requirements and make the OS-SWPPP and a copy of the CGP available to the new owner who would be seeking individual lot(s) coverage under this permit. When a Secondary Permittee elects to not follow the drainage provisions in the Primary Permittee’s approved OS-SWPPP, the Department may require the Secondary Permittee to request coverage under this permit as a Primary Permittee.

Each individual lot(s) owner or residential builder obtaining their own coverage under this permit will be issued a new NPDES permit coverage number and assigned a state file number linked to the LCP by the Department.

For projects covered under the 2006 CGP and where an individual lot owner or residential builder has signed a Co-permittee Agreement, those individual lot owners or residential builders may continue to work under that agreement as a Co-permittee as long as the project’s coverage remains active and under the control of the operator to whom coverage was originally granted.

Lot owners obtaining their own coverage under this permit shall:

I. Complete and submit an Individual Lot Notice of Intent (IL-NOI) meeting the requirements set forth in Section 2.3.2 (NOI for Secondary Permittees) at least seven (7) business days prior to the commencement of construction activities by the Secondary Permittee at the site unless your project must comply with condition III below.

II. Indicate on the NOI that the new lot owner will follow the approved OS- SWPPP and individual lot controls developed for the LCP or develop a sediment and erosion control plan meeting the requirements set forth for a Comprehensive SWPPP in Section 3.1.1.G.

III. For construction sites located in the Coastal Zone, an individual Coastal Zone Consistency (CZC) certification may be required from DHEC's Office of Ocean and Coastal Resource Management. The General CZC certification issued on September 4, 2012 (GCZC-12-001) certifies many residential lots consistent with the Coastal Zone Management Program that are part of an LCP that has been reviewed previously and deemed consistent. Some exclusions do apply for residential lots that would affect coastal resources.

(See the GCZC at http://www.scdhec.gov/environment/ocrm/czc.htm.)

For residential lots not covered by the General CZC, a 10-calendar day public notice of the CZC application may be required as part of the CZC review.

IV. Individual lot owners and residential builders with mulitple lots within a LCP may submit only one (1) Individual Lot NOI for coverage under this permit.

2.2.3 Contractors

Contractors employed by the Primary or Secondary Permittee, whose work at a construction site may disturb soils or whose work may otherwise be necessary to implement the approved On-Site SWPPP (OS-SWPPP), must complete a project-specific Contractor Certification Form meeting the requirements set forth in Section

2.3.2. Each contractor must also attend and document attendance at a Pre- Construction Conference as defined in Sections 2.2.3.B and 4.1 of this permit. This form is to be submitted to the Primary Permittee or Secondary Permittee (as applicable) prior to commencement of construction activities and is to be retained with the approved, OS-SWPPP at the site. Contractors are responsible for ensuring that their activity is in compliance with the approved OS-SWPPP and other permit conditions.

An alternate certification process for contractors that are utility providers is outlined below.

A. Utility Providers and Utility Contractors

Utility providers and utility contractors that are responsible, either directly or indirectly, for the construction, installation, and maintenance of conduits, pipes, pipelines, cables, wires, trenches, vaults, manholes, and similar structures or devices for the conveyance of natural gas (or other types of gas), liquid petroleum products, electricity, telecommunications (telephone, data, television, etc.), water or sewage are required to complete a Contractor Certification Form or as an alternative, may submit an Annual Blanket Notice of Intent (AB-NOI) to the Department.

An approved Annual Blanket NOI provides statewide coverage within all construction activities performed by the utility provider/contractor within common developments or LCPs for a period of one (1) calendar year. Each Annual Blanket NOI must be submitted on or before January 1 of the year in which coverage is desired, except for calendar year 2012 in which case the Blanket NOI shall be submitted within sixty (60) days of the effective date of this permit. The Annual Blanket NOI will contain all applicable information contained in Section 2.3.2 of this permit, and must be retained within the On-Site SWPPP.

The Utility Provider/Contractor at each site shall provide a copy of the approved Annual Blanket NOI or equivalent registration information provided by the Department to the Primary Permittee or Secondary Permittee (as applicable) prior to performing land-disturbing activities at a construction site.

In order for a utility provider/contractor to be eligible to perform land-disturbing activities under an approved Annual Blanket NOI, the land-disturbing activities and location of utilities must have also been accounted for and approved, in terms of wetlands impacts, stormwater management, sediment control and erosion prevention, and coastal resource impacts (coastal zone only), within the approved C-SWPPP of each construction site. In instances where the utility work was not incorporated within the approved C-SWPPP, the utility provider/contractor may prepare a C-SWPPP and submit the NOI as a Primary Permittee based on the provisions in this permit. As an additional option, the original Primary/Secondary Permittee may submit a modification to the existing permit coverage to include the proposed utility work, if applicable or appropriate, as defined in section 3.1.7, or the Primary/Secondary Permittee may submit a new C-SWPPP and NOI, linked as an LCP to the previous approved construction project or site, to obtain coverage for the proposed utility work.

For projects covered under the 2006 CGP and where a contractor has signed a Co-permittee Agreement as required by that permit, those Contractors may continue to work under that agreement as a co-permittee as long as that project’s coverage remains active and under the control of the to whom coverage was originally granted.

B. Pre-Construction Conference

All contractors and builders, including blanket utility providers or utility contractors, employed by a Primary or Secondary Permittee to work at a construction site with an approved OS-SWPPP must attend and document attendance at a pre-construction conference for each specific project or construction site prior to performing construction activities at that site. This documentation must be retained with the On-Site SWPPP. See Section 4.1 for additional details.

2.2.4 Lending or Other Institutions

If a lending institution, government entity, etc. takes operational control of a construction site due to foreclosure, permittee filing for bankruptcy, abandonment, etc., then that entity is responsible for the construction site's stormwater discharges.

Coverage is required under this permit prior to the entity initiating construction activity at the site. The entity shall contact DHEC within fourteen (14) business days of taking title to the property. If stabilization of the inherited construction site is required, DHEC may issue a compliance agreement.

2.3 NOTICE OF INTENT AND OTHER REQUIRED INFORMATION

Applicants seeking coverage under this permit must use the NOI forms provided by the Department. Forms will be made available at:

www.scdhec.gov/stormwater

Other forms (Regulated MS4, review authority acceptable to DHEC) may be used as long as they contain the information specified in Section 2.3.1 and 2.3.2 below.

2.3.1 NOI Requirements for Primary Permittees

Applicants seeking coverage under this permit as a Primary Permittee, as outlined in Section 2.2.1, must provide the following information on the NOI form:

A. Owner/Operator name, address, telephone number, and Employer

Identification Number (EIN) as established by the U.S. Internal Revenue Service;

B. Project/Site name, address, county or similar governmental subdivision, tax map number, and latitude/longitude of your construction Project or Site;

C. Property owner name, address, and telephone number if property owner is different from Owner/Operator;

D. Whether your site is located on Indian Land and if so, the name of the

Reservation, if applicable;

E. Whether the SWPPP has been prepared in accordance with this CGP;

F. Name and classification of the Water(s) of the State into which your Site discharges and identification of proposed impacts, if any, to jurisdictional and non-jurisdictional waters, including impacts of construction activities to SC Navigable Waters (SCNW);

G. Coastal Zone Only: Identification of proposed impacts, if any, to direct Critical Area.

H. Indication whether your discharge is consistent with the assumptions and requirements of applicable TMDLs;

http://www.scdhec.gov/stormwater

I. Estimated dates of commencement of construction activity and final stabilization (i.e., Project start and completion dates);

J. Total acreage of the construction site and total acreage (to the nearest tenth acre) to be disturbed for which you are requesting permit coverage;

K. A certification statement, signed and dated by an authorized representative as defined in §122.22 of SC Regulation 61-9 (see Appendix C of this permit), and the name and title of that authorized representative. The signature on the submitted NOI must be original; and

L. Any other information, pertinent to this permit, the Department requires on the NOI form.

2.3.2 Requirements for NOIs for Secondary Permittees, Annual Blanket Utility Providers, and Contractor Certifications

Secondary Permittees seeking coverage under this permit, as outlined in Section 2.2.2 for an individual lot owner or residential builder, must provide the following information on the NOI Form. Contractor Certifications Forms must contain items A, B, H, and I at a minimum, and the Annual Blanket Notice of Intent must contain items A, H, and I at a minimum.

A. Secondary Permittee or Contractor name, address, telephone number, and

Employer Identification Number (EIN) as established by the U.S. Internal Revenue Service;

B. Project/Site name, subdivision name and lot number(s) (if applicable), NPDES coverage number for Primary Permittee;

C. Property owner name, address, and telephone number if property owner is different from Owner/Operator;

D. The name, address, and telephone number of the individual to whom the Secondary Permittee has assigned the responsibility for the daily operational control of the site;

E. Estimated dates of commencement of construction activity and final stabilization (i.e., Project start and completion dates);

F. Total acreage of the construction site and total acreage (to the nearest tenth acre) to be disturbed for which you are requesting permit coverage;

G. An indication that the provisions of the Primary Permittee’s approved OS-SWPPP will be adhered to by the Secondary Permittee while conducting any construction activity at the site, or an indication that the Secondary Permittee will develop a C- SWPPP for their discharges consistent with the provisions of Section 3 of this permit. C-SWPPPs developed by the Secondary Permittee to address their discharges only should be provided to the Primary Permittee for inclusion in the Comprehensive SWPPP when the Secondary Permittee’s SWPPP is not consistent with the design provided by the Primary Permittee;

H. A certification statement, signed and dated by an authorized representative as defined in §122.22 of SC Regulation 61-9 (see Appendix C of this permit), and the name and title of that authorized representative. The signature on the submitted NOI must be original; and I. Any other information, pertinent to this permit, the Department requires on the

NOI form.

2.3.3 Other Required Information

The following information and fees must also be submitted with the NOI form for the NOI application to be complete:

A. The fee for coverage under this CGP. A check made payable to SC DHEC or indication that the permittee wishes to pay via credit card. SC Regulation 61-30, Environmental Protection Fees, governs this fee. At the time of issuance of this CGP the fee was $125. This fee applies to each request for coverage under this

CGP.

B. If DHEC reviews your C-SWPPP prior to granting coverage under this CGP, the NPDES plan review fee of $100 per disturbed acre not to exceed $2000. This fee is in addition to the fee for coverage under this CGP.

C. If DHEC reviews a major modification, per section 3.1.7.C, to a SWPPP, the NPDES plan review fee is $100 for the modification and $100 per disturbed acre increase from what was approved under the original NOI, not to exceed $2000 for the entire Project/Site.

D. Written approval from the Regulated MS4 or entity, other than DHEC, if such a review is required under either an MS4 Program or SC Regulation 72-300. These approvals may not be required when submitting an Individual Lot Notice of Intent.

E. A copy of the Comprehensive SWPPP with the supporting documents and calculations.

I. The Comprehensive SWPPP is not required to be submitted to DHEC if the construction site is located within a Regulated MS4 or entity delegated under Regulation 72-300 unless requested by the Department.

F. In the Coastal Zone, submission must include an application for Coastal Zone Consistency (CZC). An individual CZC certification provided by DHEC's Office of Coastal Resource Management (DHEC-OCRM) is required for your proposed construction activities as part of your Notice of Intent unless your proposed activities are covered under a General Zone Consistency (GCZC) Certification issued by DHEC-OCRM. A comprehensive list of GCZC Certifications and CZC application information can be found at:

A 10-calendar day public notice CZC application is required as part of the CZC review for construction activities not covered under the GCZC.

G. For Secondary Permittees applying for coverage using the Individual Lot(s) NOI, a plat, plan or map must be submitted outlining and identifying each lot included in their request for permit coverage.

2.4 SUBMISSION DEADLINES

Deadlines for submission of an initial or a modified Notice of Intent application and other required information are defined below for “New” and “Ongoing” projects.”

Appendix A defines a “New Project” as one that commenced construction after the effective date of this general permit. An “Ongoing Project” is one that commenced construction before the effective date of this permit.

2.4.1 New Projects

A. To obtain coverage under this CGP, you must submit a complete and accurate

NOI and other information required in Section 2.3.3 prior to commencement of construction activities. Land disturbing activities may not commence until written approval is granted by the Department in accordance with Section 2.6.

2.4.2 Permitted Ongoing Projects

A. If you previously received authorization to discharge for the current phase of your

Project under the 2006 CGP, you shall be granted coverage under this general permit as long as your construction site complies with Section 3.1.1.F of this permit. There will be no additional fees associated with an extension of coverage for existing sites under the new general permit. However, the Department may, at its discretion, require an Applicant to confirm their intent to be covered under this new permit following its effective date. Should confirmation be requested and not provided within 30 calendar days from the date of the written request, coverage under the new general permit will be terminated. Should a site with terminated coverage be determined not to be finally stabilized or construction continues; the Owner/Operator must submit a new NOI, Comprehensive SWPPP, and all other required information, under Section 2.3 of this permit, along with appropriate fees. All construction activities must cease, except for those required to stabilize the site, until authorization to discharge may be granted.

B. All projects that received permit coverage under the 2006 CGP must modify their current SWPPP, as required by Section 3.1.1.F, and any SWPPP changes must be implemented no later than six (6) months following the effective date of the new permit.

C. For projects covered under the 2006 CGP, any individual or group that has signed a Co-permittee Agreement may continue to conduct work as a Co-permittee as long as the project’s coverage remains active and under the control of the operator to whom coverage was originally granted.

2.4.3 New Owner/Operator of Ongoing Projects

A. Where the Operator changes (new Owner), after the initial NOI and

Comprehensive SWPPP (C-SWPPP) have been approved, the Department must be notified in writing within fourteen (14) calendar days. Accompanying this notification, the new Operator must submit one of the following:

I. A New NOI and C-SWPPP, when the new Operator does not agree to comply with the approved C-SWPPP and/or elects to modify the approved C- SWPPP; or

II. A New NOI and Compliance Statement, when the new Operator agrees to comply with the approved C-SWPPP. Note that the C-SWPPP must still be updated, if not already completed, in compliance with section 3.1.1.F.1.

The New Operator may not commence work at the construction site until approved by the Department. The new NOI and C-SWPPP must reference the project’s name and tracking number assigned to the initial Operator’s NOI and C- SWPPP. If the construction site is located in an MS4 area, the MS4 Operator must also receive notification of the change in Operator (new Owner).

B. If the construction site under the control of the new Owner is inactive and all areas disturbed have reached stabilization, the NOI may not need to be submitted immediately. Written notification to the Department should:

I. Identify both the previous Owner and new Owner that will obtain operational control at a construction site, II. Identify the construction site as inactive, III. Identify each project area and the stabilization status (either as temporary stabilization or final stabilization), IV. Provide a detailed explanation for delayed commencement of construction at the construction site under the direction of the new Owner and proposed plans, schedule, dates, etc. for recommencement under the new Owner, and;

V. A NOI will need to be submitted before any additional construction activities are to be implemented at the construction site.

C. If the site under the control of the new Owner is inactive and all areas disturbed have not reached stabilization, the new Owner must obtain permit coverage and provide stabilization as defined in this permit. Stabilization measures may be implemented prior to issuance of new permit coverage.

D. If the new Owner or Operator has elected to modify the layout of the construction site, there-by altering the approved, Comprehensive SWPPP, then the new Owner or Operator must apply for new coverage under this permit, per Section 2 of this

E. If upon the sale or transfer of the construction site’s ownership does not change the signatory requirements for the NOI, but the site’s owner or developer’s company name has changed, an updated NOI should be submitted to the

Department along with written notification defining the proposed sale or transfer of ownership. If the new Operator agrees to comply with an existing Comprehensive SWPPP already implemented at the site, a SWPPP acceptance and compliance statement should be included in the notification to the Department. If the new Operator does not agree to comply with an existing C- SWPPP, a new C-SWPPP must be submitted with the NOI to apply for new coverage under this permit.

F. Each new Owner/Operator will be subject to the standard NPDES permit coverage fee of $125 for construction sites. There will be no additional review fees associated with the sale or transfer of ownership for existing permitted construction sites when no major modifications to a SWPPP occurs.

G. If the transfer of ownership is due to foreclosure or a permittee filing for bankruptcy proceedings, see 2.2.4.

2.4.4 Un-Permitted Ongoing Projects

A. If construction activity is implemented at any location without obtaining coverage under this permit or without previous authorization to discharge under the 2006 CGP, the Owner or Operator must:

I. Submit an NOI with the required other information within 90 days of the issuance date of this permit; and II. Until you are authorized under this permit consistent with Section 2.6, all construction activities must cease, except for those required to stabilize the site, until authorization to discharge may be granted.

B. If you meet the termination of coverage requirements in accordance with Section

5.1 within 90 days of the effective date of this permit (e.g., construction will be finished and final stabilization achieved) you must comply with a SWPPP consistent with this permit until permit coverage is no longer required. This provision is only applicable for 90 days from the effective date of this permit.

C. DHEC may take enforcement for any un-permitted discharge or violations of laws or regulations that occur between the time construction commenced and discharge authorization.

2.4.5 Late Notifications

A. NOIs submitted after initiating clearing, grading, filling and excavation activities

(including borrow pits and stockpile material storage areas), or other similar construction activities for projects or sites required to obtain authorization under this permit are considered late. When a late NOI is submitted, authorization for discharges occurs consistent with Section 2.6. DHEC may take enforcement for any un-permitted discharge or violations of laws or regulations that occur between the time construction commenced and discharge authorization.

2.5 WHERE TO SUBMIT

You must send a complete and accurate NOI application, consistent with Section 2.3, to the appropriate DHEC office based on the location of the construction activity:

Non-Coastal Sites Coastal Zone

S.C. DHEC - Bureau of Water Stormwater Permitting Section

2600 Bull Street Columbia, SC 29201-1708

S.C. DHEC- Bureau of Water

Coastal Stormwater Permitting Section 1362 McMillan Ave., Suite 400

Charleston, S.C. 29405

If the Department provides an alternate means of permitting, for instance via a website, then the NOI must be submitted as directed by the Department.

2.6 AUTHORIZATION TO DISCHARGE

2.6.1 Authorization to discharge is granted based on the timeframes specified in Table

2-1 below. For project sites located in the Coastal Zone, the timeframes provided below do not commence until a Coastal Zone Consistency determination has been issued for the site.

Table 2-1: DHEC's Review Time Table

Review Type Allotted Review Time Frame

Regulated MS4 or entity implementing Regulation 72-

7 business days of DHEC receipt of a complete NOI and fee payment.

DHEC (when construction site is subject to State C-SWPPP reviews)

20 business days of DHEC receipt of a complete NOI and fee payment.

Secondary Permittees (when individual lot coverage is requested/required)

7 business days of DHEC receipt of a complete individual lot NOI.

If DHEC does not send a letter authorizing coverage, denying coverage, providing review comments, or advising that a review of the C-SWPPP will take place, the authorization to discharge will be automatically granted.

2.6.2 If a US Army Corps of Engineers’ 404 Permit or DHEC 401 Water Quality

Certification is required by Section 404 or 401 of the CWA for permanent or temporary Stormwater control structures, DHEC may not grant you coverage under this CGP until the 404 and 401 permits have been issued and are effective.

A. In situations where the 404 Permit decision will not affect the implementation of a

SWPPP, the Department will issue approval of the SWPPP and grant coverage under this permit before the 404 Permit decision is effective.

B. In situations where the 404 Permit decision will affect only a portion of the “Project Area”, the Department may grant the unaffected portion of the “Project Area” coverage under this permit. The remaining portion of the “Project Area” will be considered after the 404 Permit is issued and effective.

C. In situations where the entire “Project Area” is affected by the 404 Permit decision, the Department will not grant coverage under this general permit until the 404 Permit decision is issued and effective.

2.6.3 In the Coastal Zone, if a DHEC Critical Area Permit is required by SC Regulation 30- 10 et. seq. for permanent or temporary Stormwater control structures, DHEC may not grant you coverage under this CGP until the Critical Area permit has been issued and is effective.

A. In situations where the Critical Area Permit decision will not affect the implementation of the SWPPP, the Department will issue approval of the SWPPP and grant coverage under this permit before the Critical Area Permit decision is effective.

B. In situations where the Critical Area Permit decision will affect only a portion of the “Project Area”, the Department may grant the unaffected portion of the “Project Area” coverage under this permit. The remaining portion of the “Project Area” will be considered after the Critical Area Permit is issued and effective.

C. In situations where the entire “Project Area” is affected by the Critical Area Permit decision, the Department will not grant coverage under this general permit until the Critical Area Permit decision is issued and effective.

2.6.4 When permanent or temporary structures will be placed in South Carolina Navigable Waters, the Department will address any issues related to South Carolina Navigable Waters’ Program under SC Regulation 19-450 during the review of the C-SWPPP rather than requiring a separate South Carolina Navigable Waters Permit. This provision will only apply to activities that will not require a 404 permit or a 401 certification.

2.6.5 DHEC may deny or delay your coverage based on eligibility considerations of Section 1.3 (e.g., TMDL concerns)

Section 3: STORMWATER POLLUTION PREVENTION PLANS

3.1 OVERVIEW

3.1.1 General Information

A. A Stormwater Pollution Prevention Plan (SWPPP) is a fundamental requirement for coverage under this permit. To adequately meet this requirement, the Department requires development and submission of a SWPPP document. While under review, this document must be labeled as the Comprehensive SWPPP (C- SWPPP) as defined by Section 3.1.1.G of this permit. After C-SWPPP approval, a condensed version of the C-SWPPP labeled as the On-Site SWPPP (OS-SWPPP), as defined by Section 3.1.1.H of this permit, must be kept at the construction site until final stabilization is reached and coverage under this permit has been terminated.

B. The Comprehensive SWPPP (C-SWPPP) must be prepared prior to submission of an NOI as required in Section 2 of this permit. At least one C-SWPPP must be developed for each construction site seeking coverage under this permit and a qualified individual, when applicable, as defined by Section 3.1.2.B, in accordance with Good Engineering Practices (GEP) must prepare the C-SWPPP.

C. The C-SWPPP is to be consistent, at a minimum, to the standards listed in SC Regulation 72-300, unless specifically exempted by SC Regulation 72-302.A.

D. The Comprehensive Stormwater Pollution Prevention Plan (C-SWPPP) must:

I. Be site-specific;

II. Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the construction site;

III. Describe practices to be used to reduce pollutants in stormwater discharges from the construction site, IV. Assure compliance with the terms and conditions of this permit when properly implemented; and V. If the C-SWPPP must be prepared by an individual identified in Section

3.1.2.B, the C-SWPPP must contain the following certification:

(a). “I have placed my signature and seal on the design documents submitted signifying that I accept responsibility for the design of the system. Further, I certify to the best of my knowledge and belief that the design is consistent with the requirements of Title 48, Chapter 14 of the Code of Laws of SC, 1976 as amended, pursuant to Regulation 72-300 et seq. (if applicable), and in accordance with the terms and conditions of SCR100000.”

E. The Permittee must implement the approved C-SWPPP at the construction site as written from commencement of construction activities until final stabilization has been reached. The approved, C-SWPPP to be implemented will be a condensed version, as defined in Section 3.1.1.H, and will be labeled as the On-site SWPPP

(O…