Environmental_General_Permits.pdf

GENERAL NPDES PERMIT

FOR DISCHARGES OF STORMWATER

ASSOCIATED WITH CONSTRUCTION ACTIVITIES

PERMIT NO. TNR100000

Under authority of the Tennessee Water Quality Control Act of 1977 (T.C.A. 69-3-101 et seq.) and the authorization by the United States Environmental Protection Agency under the Federal Water

Pollution Control Act, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251, et seq.) and the Water Quality Act of 1987, P.L. 100-4, including special requirements as provided in part 5.4

(Discharges into Waters with Unavailable Parameters or Exceptional Tennessee Waters) of this general permit, operators of point source discharges of stormwater associated with construction activities into waters of the State of Tennessee, are authorized to discharge stormwater associated with construction activities in accordance with the following permit monitoring and reporting requirements, effluent limitations, and other provisions as set forth in parts 1 through 10 herein, from the subject outfalls to waters of the State of Tennessee.

This permit is issued on: September 30, 2016

This permit is effective on: October 1, 2016

This permit expires on: September 30, 2021 for Tisha Calabrese Benton

Director

CN-0759 RDA 2366

http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0 http://www4.law.cornell.edu/uscode/33/1251.html http://www4.law.cornell.edu/uscode/33/1251.html

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Tennessee General Permit No. TNR100000

Stormwater Discharges Associated with Construction Activities

Table of Contents

1. COVERAGE UNDER THIS GENERAL PERMIT

1.1. Permit Area

1.2. Discharges Covered by this Permit

1.2.1. Stormwater discharges associated with construction activities

1.2.2. Stormwater discharges associated with construction support activities

1.2.3. Non-stormwater discharges authorized by this permit

1.2.4. Other NPDES-permitted discharges

1.3. Limitations on Coverage

1.4. Obtaining Permit Coverage

1.4.1. Notice of Intent

1.4.2. Stormwater Pollution Prevention Plan (SWPPP)

1.4.3. Permit application fee

1.4.4. Submittal of a documents to local municipalities

1.4.5. Permit coverage through Qualifying Local Program

1.5. Effective Date of Coverage

1.5.1. Notice of Coverage

1.5.2. Permit tracking numbers

2. NOTICE OF INTENT (NOI) REQUIREMENTS

2.1. Who Must Submit an NOI?

2.2. Construction Site Operators

2.2.1. Owner/Developer

2.2.2. Commercial builders

2.2.3. Contractors

2.3. Responsibilities of Operators

2.3.1. Permittees with design control

2.3.2. Permittees with day-to-day operational control

2.4. NOI Submittal

2.4.1. Existing sites

2.4.2. New sites or New Phases of Existing Sites

2.4.3. New operators

2.4.4. Late NOIs

2.5. Who Must Sign the NOI?

2.6. NOI Form

2.6.1. Contents of the NOI form

2.6.2. Construction site map

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2.6.3. Application completeness

2.7. Where to Submit the NOI, SWPPP and Application Fee

2.8. List of the TDEC Environmental Field Offices (EFOs) and

Corresponding Counties

3. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

REQUIREMENTS

3.1. The General Purpose of the SWPPP

3.1.1. Registered engineer or landscape architect requirement

3.1.2. Site assessment

3.2. SWPPP Preparation and Compliance

3.2.1. Existing sites

3.2.2. New sites or New Phases of Existing Sites

3.3. Signature Requirements, SWPPP Review and Making Plans Available

3.3.1. Signature requirements

3.3.2. SWPPP review

3.3.3. Making plans available

3.4. Keeping Plans Current

3.4.1. SWPPP modifications

3.5. Components of the SWPPP

3.5.1. Site description

3.5.2. Description of stormwater runoff controls

3.5.3. Erosion prevention and sediment control

3.5.4. Stormwater management

3.5.5. Other items needing control

3.5.6. Approved local government sediment and erosion control requirements

3.5.7. Maintenance

3.5.8. Inspections

3.5.9. Pollution prevention measures for non-stormwater discharges

3.5.10. Documentation of permit eligibility related to Total Maximum Daily Loads

(TMDL)

4. CONSTRUCTION AND DEVELOPMENT EFFLUENT GUIDELINES

4.1. Non-Numeric Effluent Limitations

4.1.1. Erosion prevention and sediment controls

4.1.2. Water quality riparian buffer zone requirements

4.1.3. Soil stabilization

4.1.4. Dewatering

4.1.5. Pollution prevention measures

4.1.6. Prohibited discharges

4.1.7. Surface outlets

5. SPECIAL CONDITIONS, MANAGEMENT PRACTICES, AND

OTHER NON-NUMERIC LIMITATIONS

5.1. Releases in Excess of Reportable Quantities

5.2. Spills

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5.3. Discharge Compliance with State Water Quality Standards

5.3.1. Violation of water quality standards

5.3.2. Discharge quality

5.4. Discharges into Waters with Unavailable Parameters or Exceptional

Tennessee Waters

5.4.1. SWPPP/BMP requirements

5.4.2. Water quality riparian buffer zone requirements

5.4.3. Pre-approved sites

6. RETENTION, ACCESSIBILITY AND SUBMISSION OF RECORDS

6.1. Documents

6.2. Accessibility and Retention of Records

6.2.1. Posting information at the construction site

6.3. Electronic Submission of Documents

7. STANDARD PERMIT CONDITIONS

7.1. Duty to Comply

7.1.1. Duty to comply

7.1.2. Penalties

7.1.3. Civil and criminal liability

7.1.4. Liability under state law

7.2. Continuation of the Expired General Permit

7.3. Need to Halt or Reduce Activity Not a Defense

7.4. Duty to Mitigate

7.5. Duty to Provide Information

7.6. Other Information

7.7. Signatory Requirements

7.7.1. Signatory requirements for an NOI

7.7.2. Signatory requirements for reports and other items

7.7.3. Duly authorized representative

7.7.4. Changes to authorization

7.7.5. Signatory requirements for primary permittees

7.7.6. Signatory requirements for secondary permittees

7.8. Penalties for Falsification of Reports

7.9. Oil and Hazardous Substance Liability

7.10. Property Rights

7.11. Severability

7.12. Individual Permits

7.12.1. Required coverage

7.12.2. Permittee requested coverage

7.12.3. General permit termination

7.13. Other, Non-Stormwater, Program Requirements

7.14. Proper Operation and Maintenance

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7.15. Inspection and Entry

7.16. Permit Actions

8. REQUIREMENTS FOR TERMINATION OF COVERAGE

8.1. Termination of Developer and Builder Coverage

8.1.1. Termination process for primary permittees

8.1.2. NOT review

8.2. Termination of Builder and Contractor Coverage

8.2.1. Termination process for secondary permittees

8.3. NOT certification

8.4. Where to Submit an NOT

9. AQUATIC RESOURCE ALTERATION PERMITS (ARAPS)

10. DEFINITIONS

11. LIST OF ACRONYMS

APPENDIX A – Notice of Intent (NOI) Form

APPENDIX B – Notice of Termination (NOT) Form

APPENDIX C – Inspection Report Form

APPENDIX D – Notice of Intent (NOI) & Stormwater Pollution Prevention Plan

(SWPPP) Checklist

Stormwater Discharges from Construction Activities

1. COVERAGE UNDER THIS GENERAL PERMIT

1.1. Permit Area

The construction general permit (CGP) covers all areas of the State of Tennessee.

1.2. Discharges Covered by this Permit

1.2.1. Stormwater discharges associated with construction activities

This permit authorizes point source discharges of stormwater from construction activities that result in soil disturbances of one or more acres. Soil disturbances of less than one acre are required to obtain authorization under this permit if construction activities are part of a larger common plan of development or sale that comprises at least one acre of cumulative land disturbance. Construction activities include clearing, grading, filling and excavating. One or more site operators must maintain coverage under this permit for all portions of a site that have not been permanently stabilized.

Projects of less than one acre of total land disturbance may also be required to obtain authorization under this permit if:

a) the director has determined that the stormwater discharge from a site is causing, contributing to, or is likely to contribute to a violation of a state water quality standard;

b) the director has determined that the stormwater discharge is, or is likely to be a significant contributor of pollutants to waters of the state; or

c) changes in state or federal rules require sites of less than one acre that are not part of a larger common plan of development or sale to obtain a stormwater permit.

Any discharge of stormwater, or other fluid, to an improved sinkhole or injection well must be authorized by permit or rule as a Class V underground injection well under the provisions of

Tennessee Rules, Chapter 0400-45-06.

1.2.2. Stormwater discharges associated with construction support activities

This permit also authorizes stormwater discharges from support activities associated with a permitted construction site. Support activities may include concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas and borrow areas. Support activities are authorized provided all of the following conditions are met:

a) The support activity is related to a construction site that is covered under this general permit.

b) The operator of the support activity is the same as the operator of the construction site.

c) The support activity is not a commercial operation serving multiple unrelated construction projects by different operators.

d) The support activity does not operate beyond the completion of the construction activity of the last construction project it supports.

e) Support activities are identified in the Notice of Intent (NOI) and the Stormwater

Pollution Prevention Plan (SWPPP). The appropriate erosion prevention and sediment http://share.tn.gov/sos/rules/0400/0400-40/0400-40.htm controls and measures applicable to the support activity shall be described in a comprehensive SWPPP covering the discharges from the support activity areas.

TDOT projects shall be addressed in the Waste and Borrow Policy. Stormwater discharges associated with support activities that have been issued a separate individual permit or an alternative general permit are not authorized by this general permit. This permit does not authorize any process wastewater discharges from support activities. Process wastewater discharges from support activities must be authorized by an individual permit or other appropriate general permit.

1.2.3. Non-stormwater discharges authorized by this permit

The following non-stormwater discharges from active construction sites are authorized by this permit provided the non-stormwater component of the discharge is in compliance with Section

3.5.9 below (Pollution prevention measures for non-stormwater discharges):

a) Dewatering of collected stormwater and ground water.

b) Waters used to wash dust and soils from vehicles where detergents are not used and detention and/or filtering is provided before the water leaves site. Wash removal of process materials such as oil, asphalt or concrete is not authorized.

c) Water used to control dust in accordance with Section 3.5.5 below.

d) Potable water sources, including waterline flushings, from which chlorine has been removed to the maximum extent practicable.

e) Routine external building washdown that does not use detergents or other chemicals.

f) Uncontaminated groundwater or spring water.

g) Foundation or footing drains where flows are not contaminated with pollutants (e.g., process materials such as solvents, heavy metals, etc.).

All non-stormwater discharges authorized by this permit must be free of sediment and other solids, must not cause erosion of soils, and must not result in sediment impacts to receiving streams.

1.2.4. Other NPDES-permitted discharges

Discharges of stormwater or wastewater authorized by and in compliance with a different NPDES permit may be mixed with discharges authorized by this permit.

1.3. Limitations on Coverage

Except for discharges from support activities, as described in Section 1.2.2 and non-stormwater discharges listed in Section 1.2.3, all discharges covered by this permit shall be composed entirely of stormwater. This permit does not authorize the following discharges:

a) Post-construction discharges - Stormwater discharges associated with permanent stormwater management structures after construction activities have been completed, the site has undergone final stabilization and the coverage under this permit has been terminated.

b) Discharges mixed with non-stormwater - Discharges that are mixed with sources of non-stormwater, other than discharges which are identified in Section 1.2.4 (Other NPDES-permitted discharges) and in compliance with Section 3.5.9 (Pollution prevention measures for non-stormwater discharges) of this permit.

c) Discharges covered by another permit - Discharges associated with construction activities that have been issued an individual permit in accordance with Subpart 7.12 (Individual

Permit).

d) Discharges threatening water quality - Discharges from construction sites that the director determines will cause, or has the reasonable potential to cause or contribute to, violations of water quality standards. Where such a determination has been made, the division will notify the discharger in writing that an individual permit application is necessary as described in Subpart 7.12 (Individual Permit). The division may authorize coverage under this permit after appropriate controls and implementation procedures have been included in the SWPPP that are designed to bring the discharge into compliance with water quality standards.

e) Discharges into waters with unavailable parameters - Discharges to waters with unavailable parameters that would cause measurable degradation of water quality for the parameter that is unavailable; or that would cause additional loadings of unavailable parameters that are bioaccumulative or that have criteria below method detection levels.

Waters with unavailable parameters means any segment of surface waters that has been identified by the division as failing to support its designated classified uses. A discharge that complies with the additional requirements set forth in Subpart 5.4 is not considered to cause measurable degradation of waters with unavailable parameters, unless the division determines upon review of the SWPPP that there is a reason to limit coverage as set forth in Subpart 1.3(d) above and the SWPPP cannot be modified to bring the site into compliance.

f) Discharges into Outstanding National Resource Waters - Discharges into waters that are designated by the Water Quality Control Board as Outstanding National Resource Waters

(ONRW) pursuant to Tennessee Rules, Chapter 0400-40-03-.06(5).

g) Discharges into Exceptional Tennessee Waters - Discharges that would cause more than de minimis degradation of water quality for any available parameter in waters designated by TDEC as Exceptional Tennessee Waters. A discharge that complies with the additional requirements set forth in Subpart 5.4 is not considered to cause more than de minimis degradation of available parameters unless the division determines upon review of the SWPPP that there is a reason to limit coverage as set forth in Subpart 1.3(d) above and the SWPPP cannot be modified to bring the site into compliance.

h) Discharges not protective of aquatic threatened and endangered species, species deemed in need of management or special concern species - Discharges or discharge-related activities that are likely to jeopardize the continued existence of listed or proposed threatened or endangered aquatic species, or their critical habitat, under the Endangered

Species Act (ESA), or other applicable state law or rule.

Discharges or conducting discharge related activities that will cause a prohibited take of federally listed aquatic species (as defined under Section 3 of the ESA and 50 CFR

§17.3), unless such take is authorized under Sections 7 or 10 of the ESA.

Discharges or conducting discharge-related activities that will cause a prohibited “take” of state listed aquatic species (as defined in the Tennessee Wildlife Resources

Commission Proclamation, Endangered or Threatened Aquatic Species, and in the

Tennessee Wildlife Resources Commission Proclamation, Wildlife in Need of

Management), unless such take is authorized under the provisions of T.C.A. § 70-8-

106(e).

i) Discharges from a new or proposed mining operation - Discharges from new or proposed mining operations are not authorized.

http://share.tn.gov/sos/rules/0400/0400-40/0400-40-03.20150406.pdf

j) Discharges negatively affecting a property on the National Historic Register - Discharges that would negatively affect a property that is listed or is eligible for listing in the

National Historic Register maintained by the Secretary of Interior.

k) Discharges into waters with an approved Total Maximum Daily Load - Discharges of a pollutant to waters for which there is an EPA-approved or established total maximum daily load (TMDL) for that pollutant, unless the SWPPP incorporates measures or controls consistent with the assumptions and requirements of the TMDL. If a specific wasteload allocation has been established that would apply to the discharge, that allocation must be incorporated into the SWPPP and steps necessary to meet that allocation must be implemented. If an EPA-approved or established TMDL has specified a general wasteload allocation applicable to construction stormwater discharges, but no specific requirements for construction sites have been identified, the permittee should consult with the division to confirm that adherence to a SWPPP that meets the requirements of this permit will be consistent with the approved TMDL. Where an EPA-approved or established TMDL has not specified a wasteload allocation applicable to construction stormwater discharges, but has not specifically excluded these discharges, adherence to a SWPPP that meets the requirements of the CGP will be assumed to be consistent with the approved TMDL. If the EPA-approved or established TMDL specifically precludes construction stormwater discharges, the operator is not eligible for coverage under the CGP.

1.4. Obtaining Permit Coverage

A complete NOI, SWPPP and application fee are required to obtain coverage under this general permit. Requesting coverage under this permit means that an applicant has examined a copy of this permit and thereby acknowledged the applicant’s claim of ability to comply with permit terms and conditions. Upon completing NOI review, the division will:

a) issue an NOC to the operator identified as the initial site-wide primary permittee on the

NOI form (see Subpart 1.5 below - Effective Date of Coverage),

b) publish new operators’ supplemental NOI information on TDEC’s dataviewer,

c) notify the applicant of needed changes to their NOI submittal (see Section 2.6.3 below -

Application completeness), or

d) deny coverage under this general permit (see Subpart 7.12 below - Individual Permit).

1.4.1. Notice of Intent

Operators wishing to obtain coverage under this permit must submit a complete NOI in accordance with Part 2 below, using the NOI form provided in Appendix A of this permit. The division will review NOIs for completeness and accuracy and, when deemed necessary, investigate the proposed project for potential impacts to the waters of the state.

1.4.2. Stormwater Pollution Prevention Plan (SWPPP)

Operators wishing to obtain coverage under this permit must submit a site-specific SWPPP with the NOI. The SWPPP, developed and submitted by the site-wide permittee (typically the owner/developer who applies for coverage prior to project commencement ), should address all construction-related activities from the date construction commences to the date of termination of permit coverage, to the maximum extent practicable. The SWPPP must address the total acreage

See Subpart 2.1 on page 7 for a definition of a site-wide permittee.

http://www.nps.gov/nr/ planned to be disturbed (see definition for “disturbed area” in part 10), including any associated construction support activities (see Section 1.2.2 above). The SWPPP must be developed, implemented and updated according to the requirements in Part 3 below (SWPPP Requirements) and Subpart 2.3 below (Responsibilities of Operators). The SWPPP must be implemented prior to commencement of construction activities.

If the initial SWPPP does not address all activities until final stabilization of the site, an updated

SWPPP or addendums to the plan addressing all aspects of current site disturbance must be prepared. An active, updated SWPPP must be in place for all disturbed portions of a site until each portion has been completed and finally stabilized.

Preparation and implementation of the SWPPP may be a cooperative effort with all operators at a site. New operators with design and operational control of their portion of the construction site are expected to adopt, modify, update and implement the comprehensive SWPPP. Primary permittees at the site may develop a SWPPP addressing only their portion of the project, as long as the proposed Best Management Practices (BMPs) are compatible with the comprehensive

SWPPP and complying with conditions of this general permit.

Site operators who are building single family residential houses on at-grade lots (see Section 2.2.2 below) and who are submitting an application for coverage under this permit, may complete and submit Form CN-1249, the Stormwater Pollution Prevention Plan (SWPPP) for Single Family

Residential Homebuilding Sites. This SWPPP template is available at http://tdec.tn.gov/etdec/DownloadFile.aspx?row_id=CN-1249.Form CN-1249 is not appropriate if significant grading of the lot or lots is necessary.

1.4.3. Permit application fee

The permit application fee should accompany the applicant’s NOI form. The fee is based on the total acreage planned to be disturbed (see definition of “disturbed area” in Part 10) by an entire construction project for which the applicant is requesting coverage, including any associated construction support activities (see Section 1.2.2 above). The applicant may present documentation of common areas in the project that will not be subject to disturbance at any time during the life of the project and have these areas excluded from the fee calculation.

The application fees shall be as specified in Tennessee Rules, Chapter 0400-40-11. The application will be deemed incomplete until the appropriate application fee is paid in full. Checks for the appropriate fee should be made payable to “Treasurer, State of Tennessee.” Electronic payment methods, if made available by the State of Tennessee, are deemed acceptable. The following conditions apply:

If a project was previously permitted, but permit coverage was terminated (see Section

8.1.1 below - Termination process for primary permittees), and subsequent site disturbance or re-development occurs, the new operator must obtain coverage and pay the appropriate fee for the disturbed acreage.

New primary operators must pay the fee applicable to projects seeking subsequent coverage under an actively covered larger common plan of development or sale.

Areas not covered by the original application shall be covered under a separate tracking number and a new application fee shall be paid based on the new acreage to be covered.

Please note that in addition to the application fee, an annual maintenance fee applies per

Rule 0400-40-11-.02(12)(i).

http://tdec.tn.gov/etdec/DownloadFile.aspx?row_id=CN-1249 http://share.tn.gov/sos/rules/0400/0400-40/0400-40.htm

1.4.4. Submittal of a documents to local municipalities

Permittees who discharge stormwater through an NPDES-permitted municipal separate storm sewer system (MS4) who are not exempted in section 1.4.5 below (Permit coverage through

Qualifying Local Program) must submit a copy of the notice of coverage NOC, and at project completion, a copy of the signed NOT to the MS4 upon its request. Permitting status of all permittees covered, or previously covered, under this general permit as well as the most current list of all MS4 permits is available at http://tn.gov/environment/article/tdec-dataviewers.

1.4.5. Permit coverage through Qualifying Local Program

Coverage equivalent to coverage under this general permit may be obtained from a qualifying local erosion prevention and sediment control MS4 program. A Qualifying Local Program (QLP) is a municipal stormwater program implemented by an MS4 for stormwater discharges associated with construction activity that has been formally approved by the division. More information about Tennessee’s QLP program and MS4 participants can be found at:

https://www.tn.gov/environment/article/tennessee-qualifying-local-program.

If a construction site is within the jurisdiction of, and has obtained a notice of coverage from, a

QLP, the operator is authorized to discharge stormwater associated with construction activity under this general permit without the submittal of an NOI, SWPPP or application fee to the division. Permitting of stormwater runoff from construction sites from federal or state agencies

(e.g., Tennessee Department of Transportation and Tennessee Valley Authority) and the local

MS4 program itself will remain solely under the authority of TDEC.

The division may require any operator located within the jurisdiction of a QLP to obtain permit coverage directly from the division. The operator shall be notified in writing by the division that coverage by the QLP is no longer applicable and how to obtain coverage under this permit.

1.5. Effective Date of Coverage

1.5.1. Notice of Coverage

The NOC is a notice from the division to the initial site-wide primary permittee informing the applicant that the NOI, the SWPPP, and the application fee were received and accepted, and stormwater discharges from a specified area of a construction activity have been approved under this general permit. The initial site-wide primary permittee is authorized to discharge stormwater associated with construction activity as of the effective date listed on the NOC.

For new operators seeking subsequent coverage under an existing tracking number, the division will not issue an NOC. New operators are covered under the permit when their permit record is published on TDEC’s dataviewer as “active” and with an effective date.

Assigning a permit tracking number by the division to a proposed discharge from a construction site does not confirm or imply an authorization to discharge under this permit. The division reserves the right to deny coverage to artificial entities (e.g., corporations or partnerships, excluding entities not required to register with the Tennessee Secretary of State) that are not properly registered and in good standing (i.e., listed with an entity status of “active”) with the

Tennessee Secretary of State, Division of Business Services. The division also reserves the right http://tn.gov/environment/wpc/stormh2o/ https://www.tn.gov/environment/article/permit-water-stormwater-discharges-permitting https://www.tn.gov/environment/article/permit-water-stormwater-discharges-permitting http://tn.gov/environment/article/tdec-dataviewers https://www.tn.gov/environment/article/permit-water-stormwater-discharges-permitting https://www.tn.gov/environment/article/tennessee-qualifying-local-program https://www.tn.gov/environment/article/permit-water-stormwater-discharges-permitting to issue permit coverage in the correct legal name of the individual or entity seeking coverage, including each general partner of a general partnership in addition to the general partnership.

If an Aquatic Resource Alteration Permit (ARAP) is required for a site proposed for active construction, the NOC will not be issued until an ARAP application is submitted and deemed complete by the division. The treatment and disposal of wastewater (e.g., sanitary wastewater) generated during and after the construction must be also addressed prior to issuance of the NOC.

The NOC may be delayed until adequate wastewater treatment and accompanying permits are issued.

1.5.2. Permit tracking numbers

Construction sites covered under this permit will be assigned permit tracking numbers in the sequence TNR100001, TNR100002, etc. An operator presently permitted under a previous construction general permit shall be granted coverage under this new general permit. Permit tracking numbers assigned under a previous construction general permit will be retained (see section 2.4.1 below). An operator receiving new permit coverage will be assigned a new permit tracking number (see section 2.4.2 below).

2. NOTICE OF INTENT (NOI) REQUIREMENTS

2.1. Who Must Submit an NOI?

All site operators must submit an NOI form. “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 either or both of the following two criteria:

a) The person has operational or design control over construction plans and specifications, including the ability to make modifications to those plans and specifications. This person is typically the owner or developer of the project or a portion of the project (e.g., subsequent builder), or the person who is the current owner of the construction site. This person is considered the primary permittee.

b) The person has day-to-day operational control of the activities necessary to ensure compliance with the SWPPP or other permit conditions. This person is typically a contractor or a commercial builder hired by the primary permittee, and is considered a secondary permittee.

The site-wide permittee is the first primary permittee to apply for coverage at the site. There may be other primary permittees for a project, but there is only one site-wide permittee. Where there are multiple operators associated with the same project, all operators are required to obtain permit coverage. Once covered by a permit, all such operators are to be considered as co-permittees if their involvement in the construction activities affects the same project site, and are held jointly and severally responsible for complying with the permit.

2.2. Construction Site Operators

2.2.1. Owner/Developer

An owner or developer of a project is a primary permittee. This person has operational or design control over construction plans and specifications, including the ability to make modifications to those plans and specifications. This person may include, but is not limited to, a developer, landowner, realtor, commercial builder, homebuilder, etc. and may be an individual, a corporate entity, or a governmental entity. An owner’s or developer’s responsibility to comply with requirements of this permit extends until permit coverage is terminated in accordance with requirements of Part 8 below.

2.2.2. Commercial builders

A commercial builder can be a primary or secondary permittee at a construction site.

A commercial builder who purchases one or more lots from a site-wide permittee for the purpose of constructing and selling a structure (e.g., residential house, non-residential structure, commercial building, industrial facility); and has design or operational control over construction plans and specifications is a primary permittee for that portion of the site. A commercial builder may also be hired by an end user, such as a lot owner who may not be a permittee. In either case, the commercial builder is considered a new operator and must submit a new NOI following requirements in Section 2.4.3 below.

The commercial builder may also be hired by the primary permittee or a lot owner to build a structure. In this case, the commercial builder signs the primary permittee’s NOI and SWPPP as a contractor (see Section 2.2.3 below) and is considered a secondary permittee.

2.2.3. Contractors

A contractor is considered a secondary permittee. This person has day-to-day operational control of the activities necessary to ensure compliance with the SWPPP or other permit conditions (e.g., the contractor is authorized to direct workers at a site to carry out activities required by the

SWPPP or comply with other permit conditions).

A contractor may be: a general contractor, a grading contractor, an erosion control contractor, a sub-contractor responsible for land disturbing activities or EPSC implementation and maintenance, or a commercial builder hired by the primary permittee. The contractor may need to include in their contract with the party that hired them specific details for the contractor’s responsibilities concerning EPSC measures. This includes the ability of the contractor to make

EPSC modifications. The contractor should sign the NOI and SWPPP associated with the construction project at which they will be an operator.

2.3. Responsibilities of Operators

A permittee may meet one or more of the operational control components in the definition of

“operator” found in Subpart 2.1 above. Either Section 2.3.1 or 2.3.2 below, or both, will apply depending on the type of operational control exerted by an individual permittee.

2.3.1. Permittees with design control

Permittees with design control (i.e., operational control over construction plans and specifications) at the construction site, including the ability to make modifications to those plans and specifications, must:

a) ensure the project specifications they develop meet the minimum requirements of Part 3 below (stormwater pollution prevention plan - SWPPP) and all other applicable conditions;

b) ensure the SWPPP indicates the areas of the project where they have design control and ensure all other permittees implementing and maintaining portions of the SWPPP impacted by any changes they make to the plan are notified of such modifications in a timely manner;

c) ensure that all common BMPs (i.e., sediment treatment basin and drainage structures) necessary for the prevention of erosion or control of sediment are maintained and effective until all construction is complete and all disturbed areas in the entire project are stabilized, unless permit coverage has been obtained and responsibility has been taken over by a new primary permittee; and

d) ensure that all operators on the site have permit coverage, if required, and are complying with the SWPPP.

If parties with day-to-day operational control of the construction site have not been identified at the time the comprehensive SWPPP is initially developed, the permittee with design control shall be considered to be the responsible person until a supplemental NOI is submitted identifying the new operators (see Section 2.4.3 below). These new operators (e.g., general contractor, utilities contractors, sub-contractors, erosion control contractors, hired commercial builders) are considered secondary permittees. The SWPPP must be updated to reflect the addition of new operators.

2.3.2. Permittees with day-to-day operational control

Permittees with day-to-day operational control of the activities necessary to ensure compliance with the SWPPP or other permit conditions must:

a) ensure the SWPPP for portions of the project where they are operators meets the requirements of Part 3 below (SWPPP Requirements) and identifies the parties responsible for implementing the control measures identified in the plan;

b) ensure the SWPPP indicates areas of the project where they have operational control over day-to-day activities; and

c) ensure that measures in the SWPPP are adequate to prevent erosion and control any sediment that may result from their earth disturbing activity.

Permittees with operational control over only a portion of a larger construction project are responsible for compliance with all applicable terms and conditions of this permit as it relates to their activities on their portion of the construction site. This includes, but is not limited to, implementation of Best Management Practices (BMPs) and other controls required by the

SWPPP. Permittees shall ensure either directly or through coordination with other permittees, that their activities do not render another person's pollution control ineffective. All permittees must implement their portions of a comprehensive SWPPP.

2.4. NOI Submittal

2.4.1. Existing sites

An operator presently permitted under the 2011 construction general permit shall be granted coverage under this new general permit.

There will be no additional fees associated with an extension of coverage for existing sites under the new permit. The division may, at its discretion, require permittees to confirm their intent to be covered under this new general permit following its effective date through submission of an updated NOI. If the confirmation is required but not received by the division, coverage under the new general permit will be terminated. If a site with terminated coverage is unstable or if construction continues, a new NOI, SWPPP, and application fee must be submitted.

2.4.2. New sites or New Phases of Existing Sites

Except as provided in Section 2.4.3 below, operators must submit a complete NOI, SWPPP and an application fee in accordance with the requirements described in Subpart 1.4 above. The complete application should be submitted at least 30 days prior to commencement of construction activities. The permittee is authorized to discharge stormwater associated with construction activity as of the effective date listed on the NOC. The land disturbing activities shall not start until a NOC is prepared and written approval by the division staff is obtained according to

Subpart 1.5 above.

2.4.3. New operators

A supplemental NOI should be submitted as soon as practicable before a new operator commences work at a site with existing coverage. The supplemental NOI must reference the project name and tracking number assigned to the primary permittee’s NOI.

A new operator working as a residential home builder may submit Form CN-1249, the

Stormwater Pollution Prevention Plan (SWPPP) for Single Family Residential Homebuilding

Sites. This form may be found at http://tdec.tn.gov/etdec/DownloadFile.aspx?row_id=CN-1249

(see Section 1.4.2 above).

The NOI may not need to be submitted immediately upon assuming operational control if the portion of the site controlled by the new operator is inactive and all of the previously disturbed areas are stabilized. However, the division should be notified if a new operator obtains operational control at a site, but commencement of construction under the direction of the operator at the site is going to be delayed.

If the primary permittee’s company name has changed (but not the site ownership or authorized signators), an updated NOI should be submitted to the division within 30 days of the name change, along with documentation that the name change has been properly registered with the

Tennessee Secretary of State, Division of Business Services. If the new operator agrees to comply

If the existing permittee is an artificial person (e.g., a partnership or corporation, excluding entities not required to register with the Tennessee Secretary of State), the division reserves the right to deny coverage under this new general permit if the permittee is not registered and in good standing (i.e., listed with an entity status of “active”) with the Tennessee Secretary of State, Division of Business Services. The division further reserves the right to convert permit coverage to the correct legal name of the permittee and to name each general partner of a general partnership in addition to the general partnership.

http://tdec.tn.gov/etdec/DownloadFile.aspx?row_id=CN-1249 with an existing comprehensive SWPPP already implemented at the site, a copy of the supplemental or modified SWPPP does not have to be submitted with the NOI.

If the transfer of ownership is due to foreclosure or a permittee filing for bankruptcy proceedings, the new owner (e.g., a lending institution) must obtain permit coverage if the property is inactive, but is not stabilized sufficiently. If the property is sufficiently stabilized permit coverage may not be necessary, unless and until construction activity at the site resumes.

2.4.4. Late NOIs

Dischargers are not prohibited from submitting late NOIs. When a late NOI is submitted, and if the division authorizes coverage under this permit, such authorization is only for future discharges. Any prior, unpermitted, discharges or permit noncompliances are subject to penalties as described in Section 7.1.2 below.

2.5. Who Must Sign the NOI?

All construction site operators as defined in Subpart 2.2 above (Construction Site Operators) must sign the NOI form. Signatory requirements for a NOI are described in Section 7.7.1 below.

All signatures must be original. An NOI that does not bear an original signature will be deemed incomplete.

2.6. NOI Form

2.6.1. Contents of the NOI form

The NOI for construction projects shall be submitted on the form provided in Appendix A of this permit. This form and its instructions set forth the required content of the NOI. The NOI form must be filled in completely. If sections of the NOI are left blank, a narrative explaining the omission must be provided as an attachment.

Owners, developers and contractors that meet the definition of the operator in Subpart 2.2 above

(Construction Site Operators) shall apply for permit coverage on the same NOI, if possible. The division may accept separate NOI forms from different operators for the same construction site when warranted.

After permit coverage has been granted to the primary permittee, any subsequent NOI submittals must include the site’s previously assigned permit tracking number and the project name. The

SWPPP shall be prepared in accordance with Part 3 below, and must be submitted with the NOI unless the NOI is only being submitted to add a secondary permittee to an existing coverage.

2.6.2. Construction site map

An excerpt (8 ½” by 11” or 11” by 17”) from the appropriate 7.5 minute United States Geological

Survey (USGS) topographic map, a city map, or a county map with the proposed construction site centered, must be included with the NOI. The entire proposed construction area must be outlined in red on the map. The total acreage to be disturbed should be included on the map. All outfalls discharging runoff from the property should be identified. Streams receiving the discharge and storm sewer systems conveying the discharge from outfalls should be clearly identified and marked on the map. NOIs for linear projects must specify the location of each end of the construction area and all areas to be disturbed. Commercial builders that develop separate http://www.usgs.gov/ http://www.usgs.gov/

SWPPPs that cover only their portion of the project shall also submit a site or plat map that clearly indicates the lots for which they are applying for permit coverage, and the location of

EPSCs that will be used at each lot (see Section 1.4.2 above).

2.6.3. Application completeness

The division recommends that all applicants use the Notice of Intent (NOI) & Stormwater

Pollution Prevention Plan (SWPPP) Checklist (see Appendix D) to check the completeness of their submittal.

Based on a review of the NOI and other available information, the division shall, within 30 days:

a) issue an NOC to the initial site-wide primary operator for the construction site (see

Subpart 1.5 above),

b) publish new operators’ supplemental NOI information on TDEC’s dataviewer,

c) prepare a deficiency letter stating additional information must be provided before the

NOC can be issued, or

d) deny coverage under this general permit and require the discharger to obtain coverage under an individual NPDES permit (see Subpart 7.12 below).

2.7. Where to Submit the NOI, SWPPP and Application Fee

The applicant shall submit the NOI, SWPPP, and application fee to the appropriate TDEC

Environmental Field Office (EFO) for the county where the construction activity is located and where stormwater discharges enters waters of the state. If a site straddles a county line of counties that are in different EFO service areas, the operators shall send the NOI and the application fee to the EFO that provides coverage for the majority of the proposed construction activity.

A list of counties and the corresponding EFOs is provided in Subpart 2.8 below. The division’s

Nashville Central Office will serve as a processing office for NOIs submitted by federal or state agencies (e.g., TDOT, TVA and the local MS4 programs).

2.8. List of the TDEC Environmental Field Offices (EFOs) and Corresponding Counties

EFO Name List of Counties Chattanooga Bledsoe, Bradley, Grundy, Hamilton, Marion, McMinn, Meigs, Polk, Rhea, Sequatchie

Columbia Bedford, Coffee, Franklin, Giles, Hickman, Lawrence, Lewis, Lincoln, Marshall, Maury, Moore, Perry, Wayne

Cookeville Cannon, Clay, Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, Van Buren, Warren, White

Jackson Benton, Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Weakley

Johnson City Carter, Greene, Hancock, Hawkins, Johnson, Sullivan, Unicoi, Washington

Knoxville Anderson, Blount, Campbell, Claiborne, Cocke, Grainger, Hamblen, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, Union

Memphis Fayette, Shelby, Tipton

Nashville Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson, Wilson http://www.tennessee.gov/environment/efo/index.shtml http://www.tn.gov/environment/article/efo-chattanooga http://www.tn.gov/environment/article/efo-columbia http://www.tn.gov/environment/article/efo-cookeville http://www.tn.gov/environment/article/efo-jackson http://www.tn.gov/environment/article/efo-johnson-city http://www.tn.gov/environment/article/efo-knoxville http://www.tn.gov/environment/article/efo-memphis http://www.tn.gov/environment/article/efo-nashville

TDEC may be reached by telephone at the toll-free number 1-888-891-8332 (TDEC). Local

EFOs may be reached directly when calling this number from the construction site, using a land line.

3. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

REQUIREMENTS

3.1. The General Purpose of the SWPPP

A SWPPP must be prepared and submitted along with the NOI as required in Section 1.4.2 above.

The primary permittee must implement the SWPPP as written from commencement of construction activity until final stabilization is complete, or until the permittee does not have design or operational control of any portion of the construction site. Requirements for termination of site coverage are provided in Part 8 below.

A site-specific SWPPP must be developed for each construction project or site covered by this permit. The design, inspection and maintenance of Best Management Practices (BMPs) described in the SWPPP must be prepared in accordance with good engineering practices. At a minimum, BMPs shall be consistent with the requirements and recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook (the handbook). The handbook is designed to provide information to planners, developers, engineers, and contractors on the proper selection, installation and maintenance of BMPs. This permit allows the use of innovative or alternative BMPs, whose performance has been documented to be equivalent or superior to conventional BMPs as certified by the SWPPP designer.

Once a definable area has been finally stabilized, the permittee may identify this area on the

SWPPP. No further SWPPP or inspection requirements apply to that portion of the site (e.g., earth-disturbing activities around one of three buildings in a complex are done and the area is finally stabilized, one mile of a roadway or pipeline project is done and finally stabilized, etc.).

For more effective coordination of BMPs a cooperative effort by the different operators at a site to prepare and participate in a comprehensive SWPPP is expected. Primary permittees at a site may develop separate SWPPPs that cover only their portion of the project. In instances where there is more than one SWPPP for a site, the permittees must ensure the stormwater discharge controls and other measures are compatible with one another and do not prevent another operator from complying with permit conditions. The comprehensive SWPPP developed and submitted by the primary permittee must assign responsibilities to secondary permittees and coordinate all

BMPs at the construction site. Assignment and coordination can be done by name or by job title.

3.1.1. Registered engineer or landscape architect requirement

The narrative portion of the SWPPP shall be prepared by an individual who has a working knowledge of erosion prevention and sediment controls, such as (but not limited to) a Certified

Professional in Erosion and Sediment Control (CPESC) or a person that successfully completed the “Level II Design Principles for Erosion Prevention and Sediment Control for Construction

Sites” course.

Plans and specifications for any building or structure, including the design of sediment basins or other sediment controls involving structural, hydraulic, hydrologic or other engineering calculations shall be prepared by a licensed professional engineer or landscape architect and http://tnepsc.org/handbook.asp http://www.cpesc.org/cc-default.asp http://www.tnepsc.org/ http://www.tnepsc.org/ stamped and certified in accordance with the Tennessee Code Annotated, Title 62, Chapter 2 (see

Part 10 below) and the rules of the Tennessee Board of Architectural and Engineering Examiners.

Engineering design of sediment basins and other sediment controls must be included in SWPPPs for construction sites involving drainage to an outfall totaling 10 or more acres (see Subsection

3.5.3.3 below) or 5 or more acres if draining to waters with unavailable parameters or Exceptional

Tennessee Waters (see Section 5.4.1 below).

3.1.2. Site assessment

Quality assurance of erosion prevention and sediment controls (EPSCs) shall be done by performing site assessments. The site assessment shall be conducted at each outfall draining 10 or more acres (see Subsection 3.5.3.3 below) or 5 or more acres if draining to waters with unavailable parameters or Exceptional Tennessee Waters (see Section 5.4.1 below). Site assessments shall cover the entire disturbed area and occur within 30 days of construction commencing at each portion of the site that drains the qualifying acreage. The site assessment shall be performed by individuals with one or more of the following qualifications:

a) A licensed professional…