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Utah Construction Stormwater Permit (6-UT-b)

In Utah, a developer may need a UPDES General Permit for Discharges from Construction Activities (Permit No. UTRC00000), also known as a Construction General Permit (CGP), from the Utah Division of Water Quality (DWQ) for construction activities that will discharge stormwater into waters of the state and will disturb one or more acres of land or are part of a common plan of development or sale that will disturb one or more acres of land. UPDES Permit No. UTRC00000, § 1.1.2; Utah Code Ann. § 19-5-107. The DWQ issues UPDES permits in accordance with Utah Code Ann. §§ 19-5-107, 108 and U.A.C. R317-8. A CGP is not required if the construction project will disturb less than one acre of land unless the discharges have been designated by the Director of the DWQ as needing a permit under U.A.C. R317-8-3.9(1)(a)(5) or U.A.C. R317-8-3.9(6)(e)(2). Regulations governing the CGP permitting process can be found at U.A.C. R317-8.

Construction Stormwater Permit Process

6-UT-b.1 to 6-UT-b.2 - Is the Project Exempted Under EPA’s Small Construction Rainfall Erosivity Waiver?

Under the Environmental Protection Agency (EPA’s) Stormwater Phase II Final Rule, developers whose project will affect between 1 and 5 acres may obtain a waiver from the CGP if the construction will not have adverse water quality impacts. Developers whose projects have a rainfall erosivity factor ( “R” factor) of less than 5 during the entire period of construction activity may submit an erosivity waiver to DWQ. The developer must certify that construction activity will only occur when the R factor is less than five. See UPDES Permit No. UTRC00000, Appendix B.

EPA’s online rainfall erosivity calculator can be used to calculate the R factor and determine eligibility for the waiver. The rainfall erosivity calculator can be accessed at the EPA Rainfall Erosivity Factor Calculator Website.

6-UT-b.3 to 6-UT-b.4 – Will Cationic Treatment Chemicals be Used?

Developers who plan to use cationic treatment chemicals or flocculants must notify DWQ in advance of the NOI submission. DWQ will authorize coverage under the CGP for cationic treatment chemicals and flocculants via an authorization letter if the developer has “included appropriate controls and implementation procedures designed to ensure that [the developer’s] use of cationic treatment chemicals will not lead to an impairment of the natural life cycle of any aquatic organism downstream.” See UPDES Permit No. UTRC00000, § 1.2.4.

6-UT-b.5 - Stormwater Pollution Prevention Plan

A Stormwater Pollution Prevention Plan (SWPPP) must be developed for all construction projects that are covered under the CGP. The SWPPP must be developed prior to the submission of the NOI. See UPDES Permit No. UTRC00000, § 7.1.1. At a minimum, the SWPPP must contain or address the following:

  • The stormwater team;
  • The nature of the construction activities;
  • The sequence and estimated dates of construction activities;
  • A site map;
  • Construction site pollutants;
  • Non-stormwater discharges;
  • Buffer documentation;
  • A description of stormwater control measures, as required by the CGP (including control measures to be used during construction activity, use of treatment chemicals, and stabilization practices);
  • Pollution prevention procedures;
  • Procedures for inspection, maintenance, and corrective action;
  • Staff training;
  • UIC class 5 injection wells;
  • A list of impaired waters that received discharge;
  • The SWPPP certification; and
  • A copy of the NOI and a copy UPDES Permit No. UTRC00000.

See UPDES Permit No. UTRC00000, § 7.2.

For an SWPPP template and guidelines, see the DWQ UPDES Storm Water Permits: General Construction Website.

Developers are required to maintain a current copy of the SWPPP at the construction site, and it must be made available for DWQ, regulated municipal separate storm sewer system (MS4), or EPA inspectors and regulatory authorities. See UPDES Permit No. UTRC00000, § 7.3. Additionally, modifications must be made to the SWPPP within 7 days following the occurrence of any of the conditions listed in UPDES Permit No. UTRC00000, § 7.4.1. See UPDES Permit No. UTRC00000, § 7.4.2.

6-UT-b.6 - Notice of Intent

Developers must submit an NOI and permit fee to the DWQ in order obtain coverage under the CGP. Coverage must be obtained before the start of soil-disturbing activities at the construction site. The NOI certifies to the DWQ that the developer is eligible for coverage and will comply with the conditions listed in the CGP. The NOI also provides information about the construction project and the nature of the discharge. See UPDES Permit No. UTRC00000, § 1.4. The NOI must be completed and entered into the Department of Environmental Quality’s (DEQ’s) electronic NOI and stormwater system. Alternatively, a hard copy may be submitted to the DWQ.

Coverage under the CGP begins as soon as a complete and accurate NOI is entered into the stormwater database (either by the permittee or DWG staff) and the permit fee is received. See UPDES Permit No. UTRC00000, § 1.4.1-1.4.2. If there is more than one owner and/or operator of the construction site, all owners and operators must sign the NOI certification. See UPDES Permit No. UTRC00000, § 1.1.1. A copy of the NOI form can be found on the DWQ UPDES Storm Water Permits: General Construction Website.

It should be noted that all NOI applications and project stormwater compliance plans must be coordinated with MS4s, and that MS4s are required to oversee construction activity on disturbances over one acre (or less than an acre if part of a common plan of development that is over an acre) within their jurisdiction. See UPDES Permit No. UTRC00000, § 1.4.

6-UT-b.7 to 6-UT-b.9 – Issue Permit Number and Review NOI

After the NOI has been submitted, DWQ issues a permit number. However, DWQ may review the NOI and determine that an individual permit is required. If this occurs, DWQ will notify the developer in writing and explain that coverage must be obtained under an individual permit. The notification must include a brief statement of the reasons for the decision and provide the developer with application information. See UPDES Permit No. UTRC00000, § 1.4.5.

6-UT-b.10 – Notice of Termination

CGP permit coverage continues until it is terminated. Coverage must be terminated if one of the following conditions occur:

  • All earth disturbing activities have been completed at the construction site and the requirements listed in UPDES Permit No. UTRC00000, § 8.2. have been met;
  • Ownership has changed;
  • Completed homes are occupied by home owners where at least temporary sediment and erosion controls are in place; and
  • Coverage under an individual or alternative general UPDES permit has been obtained.

In order to terminate permit coverage, the developer must submit a Notice of Termination (NOT) to the DWQ and applicable MS4 certifying that the requirements for termination listed in UPDES Permit No. UTRC00000, § 8, have been met. The NOT must identify:

  • The UPDES permit number;
  • Whether the termination request is for a full or partial site;
  • If the request is for a full site, whether the change is a result of new ownership or project completion;
  • The basis for the submission of the NOT in accordance with UPDES Permit No. UTRC00000, § 8.2;
  • Owner/operator contact information;
  • The name and address of the project; and
  • A NOT certification and signature.

See UPDES Permit No. UTRC00000, § 8.1.

Once the NOT is submitted, the project’s permit status changes to “unconfirmed termination.” Permit status changes to “confirmed termination” once DWQ or the MS4 completes a final inspection and the inspection is passed. Once the termination is confirmed, the permit is fully terminated. See UPDES Permit No. UTRC00000, § 8.

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