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Illinois Construction Stormwater Permit (6-IL-b)

In Illinois, a developer may need a Construction Stormwater General Permit (Permit) from the Illinois Environmental Protection Agency (Illinois EPA) for construction projects that 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. A developer needs a Permit to remain in compliance with the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act (CWA). Illinois EPA implements the state’s Construction Stormwater Discharge Program in 35 ILAC Subtitle C, pursuant to the authority provided in 415 ILCS §5/13, 5/13.3 and 5/27.


Construction Stormwater Permit Process

6-IL-b.1 — Stormwater Pollution Prevention Plan (SWPPP)

The developer must develop a Stormwater Pollution Prevention Plan (SWPPP) and submit the SWPPP to Illinois EPA. The SWPPP must, at minimum, include:

  • A description of the construction activity;
  • A general plan of the major activities which may disturb the soil;
  • An estimate of the total disturbance area;
  • An estimate of the runoff coefficient;
  • A site map; and
  • The name of the receiving waters.

Illinois EPA Construction Stormwater General Permit.

6-IL-b.2 — Construction Stormwater General Permit Notice of Intent (NOI)

The developer must submit a Construction Stormwater Notice of Intent (NOI) to Illinois EPA. The NOI can be submitted in hard copy or electronically. The developer should submit the NOI at least thirty (30) days before the start of construction. The NOI must include:

  • The address and location of the construction site;
  • The developer’s name, address and phone number;
  • The name of the receiving waters, or if the discharge is through a municipal storm sewer, the name of the municipal operator of the storm sewer and the ultimate receiving waters;
  • The number of any NPDES permits currently authorizing discharges from the site; and
  • A description of the project, including:
    • a detailed scope of the project;
    • estimated timetables for major activities; and
    • the number of acres of the site where soil will be disturbed.

Illinois EPA Construction Stormwater General Permit.

Additionally, the developer must also submit an application fee with the NOI. The fee for projects that disturb less than five (5) acres of land is $250, and the fee for project that disturb five (5) or more acres of land is $750. Illinois EPA NPDES Permit for Construction Activities Webpage.

6-IL-b.3 to 6-IL-b.5 — Review NOI Materials for Completeness

After receiving the NOI and accompanying SWPPP, Illinois EPA reviews the NOI for administrative and technical completeness. If the NOI is incomplete, Illinois EPA sends a Notice of Incompleteness letter to the developer. Illinois EPA NPDES Permit for Construction Activities Webpage.

6-IL-b.6 to 6-IL-b.7 — Review NOI for Approval

After determining the NOI is complete, Illinois EPA reviews the NOI for approval. If the developer does not receive notice from Illinois EPA indicating otherwise, the developer is authorized to begin discharging stormwater from the site thirty (30) days after the date the NOI was received by Illinois EPA. Illinois EPA Construction Stormwater General Permit. If there are any relevant endangered species and historic preservation laws that may impact the project, Illinois EPA will not authorize the discharge until Illinois EPA receives notice from the Illinois Department of Natural Resources and the Illinois Historic Preservation Agency that the project complies with those laws. Illinois EPA NPDES Permit for Construction Activities Webpage. Additionally, based upon the assessment of the NOI, Illinois EPA may deny coverage under the General Permit and require the developer to submit an application for an Individual Construction Stormwater Permit. Illinois EPA Construction Stormwater General Permit.

6-IL-b.8 — Construction Stormwater General Permit

If Illinois EPA approves the NOI, Illinois EPA issues a Permit to the developer. The Permit is subject to several standard conditions, including:

  • The developer’s duty to comply with all conditions of the Permit;
  • The developer’s duty to take all reasonable steps to minimize or prevent any discharge in violation of the Permit;
  • The developer’s duty to furnish information requested by Illinois EPA;
  • The developer’s duty to allow Illinois EPA to enter and inspect the site at reasonable times; and
  • The developer’s duty to properly operate and maintain facility and construction project at all times.

Illinois EPA Construction Stormwater General Permit.

6-IL-b.9 — Notice of Termination

The developer must complete and submit a Notice of Termination (NOT) to Illinois EPA once the site has undergone final stabilization. Final stabilization is defined as the time when “all land disturbing activities are complete and a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been used.” Illinois EPA NPDES Permit for Construction Activities Webpage. The NOT can be send to Illinois EPA by mail or email. The NOT must include:

  • The mailing address and location of the site;
  • The developer’s name, address and phone number;
  • The date when construction was completed and the site was stabilized; and
  • A signature certifying the statement provided in the NOT.

Illinois EPA Construction Stormwater General Permit.

If Illinois EPA accepts and approves the NOT, the project is no longer has coverage under the Permit.

6-IL-b.10 — Appeal Decision (Optional)

Illinois EPA’s decision to issue or deny a Permit can be appealed to the Illinois Pollution Control Board within thirty (30) days after Illinois EPA issues its decision. 35 ILAC §309.181.


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