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Construction Stormwater General Permit (6-FD-a)

Information current as of 2019
The Clean Water Act prohibits stormwater discharges from certain construction activities to waters of the U.S. unless that discharge is covered under a National Pollutant Discharge Elimination System (NPDES) Permit. The United States Environmental Protection Agency (EPA) issues a NPDES general permit for stormwater discharges under 40 C.F.R. § 122.26(b)(14)(x), (15). Construction sites disturbing one or more acres of land or smaller sites that are part of a common plan of development or sale are required to obtain a Construction General Permit. The EPA is the permitting authority in Idaho, Massachusetts, New Hampshire, New Mexico, District of Columbia; for federal operators in Colorado, Delaware, Vermont, and Washington; and on most tribal lands. Otherwise, the EPA has authorized states to implement the NPDES program and issue their own permits for stormwater discharges associated with construction activities. For more information, see EPA General Permit Website.

Construction Stormwater General Permit Process

6-FD-a.1 – Develop Stormwater Pollution Prevention Plan (SWPPP)

The developer must prepare a Stormwater Pollution Prevention Plan (SWPPP) prior to submitting a Notice of Intent. The developer must initially designate a stormwater team tasked with preparing the SWPPP. The SWPPP must minimally include the following information:

  • Contact information for responsible parties,
  • Site map, evaluation, assessment and planning (including schedule of construction activities),
  • Documentation of compliance with other federal requirements,
  • Erosion and sediment controls,
  • Pollution Prevention Standards,
  • Inspection and stormwater control measures,
  • Proof of compliance with training requirements, and
  • Document certification.

6-FD-a.2 – Notice of Intent

For new construction projects a developer must submit a Notice of Intent to the EPA at least 14 days prior to the planned commencement of any construction activities, certifying the permit’s eligibility conditions and that the developer will comply with the permit’s effluent limits and other requirements. The developer submits the Notice of Intent through the EPA’s electronic Notice of Intent system. If a developer has problems with the use of the electronic system, the developer may contact the EPA Regional Office for approval to submit a paper Notice of Intent. For more information, see EPA Construction General Permit Guidebook Sec.1.4.2 The Notice of Intent must minimally include:

  • Operator information,
  • Project and site information,
  • Discharge information,
  • Chemical treatment information,
  • SWPPP information,
  • Endangered species protection information, and
  • Historic preservation information.

6-FD-a.3 – Install Stormwater Controls

Prior to commencing any construction activities, the developer must install stormwater controls to treat initial stormwater disturbance as contemplated in the SWPPP and Notice of Intent, including any additional requirements imposed by the EPA. For more information, see EPA Construction General Permit Guidebook Sec.

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