Iowa Construction Stormwater Permit (6-IA-b)
Construction Stormwater Permit Process
6-IA-b.1 – Stormwater Pollution Prevention Plan (SWPPP)
A developer must develop a Stormwater Pollution Prevention Plan (SWPPP), before submitting a Notice of Intent, for each construction site associated with the proposed project to comply with Iowa – Iowa Admin. Code §§ 161A et seq., Soil and Water Conservation and local sediment and erosion plans. IDNR Construction Stormwater General Permit at 3, 5. The developer must prepare a SWPPP in accordance with good engineering practices.
The SWPPP must, at minimum, identify potential sources of pollution, which may reasonably be expected to affect the quality of the stormwater discharge from the construction activities. In addition, the SWPPP must describe and ensure the implementation of practices that will be used to reduce the pollutants of stormwater discharge associated with industrial activity for construction activities at the construction site and to assure compliance with the terms and conditions of the Permit. IDNR Construction Stormwater General Permit at 5. The SWPPP must also comply with the requirements outlined in IDNR’s Construction Stormwater General Permit
6-IA-b.2 – Publish Public Notice
Before submitting a Construction Stormwater General Permit Notice of Intent (NOI) to IDNR, the developer must provide public notice of the developer’s intent to submit an NOI to IDNR. The public notice must be printed at least once in a newspaper with the largest circulation in the area where the project is located. The notice must contain, at minimum, the following information:
Public Notice of Stormwater Discharge
“The (developer’s name) plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under NPDES General Permit No. 2 Stormwater Discharge Associated with Industrial Activity for Construction Activities. The stormwater discharge will be from (description of industrial activity) located in (¼ section, township, range, county). Stormwater will be discharged from (number) point source(s) and will be discharged to the following streams: (stream name(s)).
Comments may be submitted to the Stormwater Discharge Coordinator, Iowa Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319-0034. The public may review the Notice of Intent from 8 a.m. to 4:30 p.m., Monday through Friday, at the above address after it has been received by the Department.”
6-IA-b.3 – Construction Stormwater General Permit Notice of Intent (NOI)
- The developer’s name, address, phone number, and status (federal, state, private, public or other entity);
- The name, address, and location of the construction site, provided as the 1/4 section, township, range, and the county where the stormwater discharge will occur;
- A clipping of the public notice published by the developer with the name of the newspaper and the date published, or an affidavit from the newspaper with the clippings attached;
- The type of discharge;
- Whether or not the discharge is to a municipal separate storm sewer system;
- The date the discharge will commence;
- The name of the receiving waters;
- An indication if any existing quantitative data is available describing the concentration of pollutants in stormwater discharges and a summary of available existing data. (Existing data should not be included as part of the NOI, it should retained as part of the SWPPP);
- A brief description of the project, including:
- an estimated timetable for major activities; and
- an estimate of the number of acres of soil that will be disturbed; and
- A certification that:
- a SWPPP was developed before the developer submitted the NOI to IDNR;
- the SWPPP will be implemented at the start of construction activities;
- the NOI will be included and incorporated into the pollution prevention plan and will be updated as required; and
- the SWPPP provides compliance with local sediment and erosion plans and is consistent with the requirements of the Permit.
The developer must also submit the appropriate fee with the NOI. The fee is determined by the number of years the Permit is in effect, and can be found in I.A.C. §567.64.16(3)(a)(1).
6-IA-b.4 to 6-IA-b.5 – Review NOI Materials for Completeness
After receiving an NOI, IDNR reviews the NOI for administrative and technical completeness. If the NOI is incomplete, IDNR returns the NOI to the developer, and notifies the developer of the missing information. I.A.C. §567.64.6(2).
6-IA-b.6 to 6-IA-b.7 – Review NOI for Approval
After determining the NOI is complete, IDNR reviews the NOI to ensure that the proposed project qualifies for a General Permit, and discharges from the project will not violate Iowa’s Iowa – Iowa Admin. Code §§ 567.61 et seq., Water Quality Standards or Effluent and Pretreatment Standards.
6-IA-b.8 – Construction Stormwater General Permit
If IDNR approves the NOI, IDNR notifies the developer of the project’s coverage under the Permit. The developer is authorized to begin discharges after receiving notice of coverage under the Permit from IDNR. I.A.C. §567.64.6(2). IDNR may suspend or revoke the Permit for cause. I.A.C. §567.64.3(11). The developer must comply with the standard conditions of the Permit, including:
- The duty to take reasonable steps to minimize or prevent any discharge in violation of the Permit;
- The duty to furnish appropriate information to IDNR upon request;
- The duty to properly operate and maintain all the project facilities and equipment used to ensure compliance with the Permit;
- The duty to allow representatives of IDNR and the Environmental Protection Agency to enter and inspect the facilities; and
- Any applicable conditions listed in I.A.C. §567.64.7.
6-IA-b.9 – Notice of Discontinuation
Within thirty (30) days of achieving final stabilization for the project, the developer must complete and submit a Notice of Discontinuation (NOD) with IDNR. Final stabilization means, “all soil-disturbing activities at the site have been completed and that a uniform perennial vegetative cover with a density of 70 percent for the area has been established or equivalent stabilization measures have been employed.” I.A.C. §567.64.6(5). The NOD must contain:
- The name of the facility where the Permit was issued;
- The General Permit number and Permit authorization number;
- The date the permitted activity was, or will be, discontinued; and
- A signed certification of the statement provided in the NOD.
Once IDNR accepts the NOD, the developer’s coverage under the Permit is terminated.
6-IA-b.10 – Appeal Decision (Optional)
Any person appealing IDNR’s decision must file a written notice of appeal with IDNR within thirty (30) days of the person receiving notice of IDNR’s decision. I.A.C. §561.7.4(1). The appeal must contain:
- The name and address of the person filing the appeal;
- A description of the specific IDNR action being appealed; and
- A short and plain statement of the reasons why the person is appealing IDNR’s action.
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- Clean Water Act
- National Pollutant Discharge Elimination System
- Iowa – Iowa Code §§ 455B et seq., Jurisdiction of the Department of Natural Resources
- Iowa – Iowa Admin. Code §§ 567.64 et seq., Wastewater Construction and Operation Permits
- Iowa – Iowa Admin. Code §§ 567.61 et seq., Water Quality Standards
- Iowa – Iowa Admin. Code §§ 567.62 et seq., Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions
- Iowa – Iowa Admin. Code §§ 561.7 et seq., Rules of Practice in Contested Cases
- Iowa – Iowa Admin. Code §§ 161A et seq., Soil and Water Conservation
- Iowa – Department of Natural Resources – Construction Stormwater General Permit
- Iowa – Department of Natural Resources – Stormwater Management for Construction Activities Summary Guidance
- Iowa – Department of Natural Resources – Construction Stormwater Notice of Intent
- Iowa – Department of Natural Resources – Online Construction Stormwater Notice of Intent
- Iowa – Department of Natural Resources – Notice of Discontinuation