RAPID/Roadmap/6-OR-b
Oregon Construction Stormwater Permit (6-OR-b)
Construction Stormwater Permits regulate stormwater runoff to surface waters from construction activities that disturb one or more acres. Stormwater runoff from construction activities, including clearing, grading, and excavation, and stockpiling that disturbs one or more acres, and may discharge to surface waters or conveyance systems leading to surface waters must obtain a Construction Stormwater Permit. Also included are activities that will disturb less than one acre if such activities are part of a larger common plan of development that will disturb one or more acres over time. OAR 340-045-033(11)(f).
Construction Stormwater Permit Process
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6-OR-b.1 to 6-OR-b.3 – Is the Project Eligible for Coverage Under a NPDES Permit 1200-CN?
The project may qualify for automatic coverage under a NPDES permit 1200-CN if stormwater does not discharge to a water body with a Total Maximum Daily Load (TMDL) or 303(d) listing for sediment or turbidity and it meets one of the following criteria:
- Disturbs less than one acre and is located in Gresham, Troutdale, or Wood Village;
- Disturbs less than five acres and is located in Albany, Corvallis, Eugene, Milwaukie, Springfield, West Linn, Wilsonville, Multnomah Co. (unincorporated areas), or Lane Co. (within the MS4 boundary);
- Disturbs less than five acres and is within the jurisdictions of Clackamas Co. Water Environment
If the project qualifies for automatic coverage, then the developer should contact the local government for further information. The local jurisdiction will provide the 1200-CN Permit, and providing an application to ODEQ is not required. Application Manual, page 6.
The developer is authorized to construct, install, modify, or operate erosion and sediment control measures and stormwater treatment and control facilities, and to discharge stormwater and certain specified non-stormwater discharges to surface waters or conveyance systems leading to surface waters of the state in conformance with all the requirements, limitations, and conditions set forth in the 1200-CN permit.
6-OR-b.4 - Construction Activities Stormwater Discharge Permit Application and Associated Documents
The developer is required to submit the following to the ODEQ at least 30 days before beginning any soil disturbance:
- A completed 1200-C Permit Application;
- A Land Use Compatibility Statement;
- An Erosion and Sediment Control Plan (ESCP); and
- Fees.
Application Form Manual, page 9.
The developer is also required to incorporate Best Management Practices (BMPs) into their land disturbing construction work. Application Form Manual, page 9. BMPs are used to prevent or minimize erosion and control sediment runoff from the project site. For more information on the BMPs see the ODEQ’s Best Management Practices Manual.
The application materials must include a Land Use Compatibility Statement (LUCS). The LUCS documents are included with the application materials given to the developer. The developer is required to fill out the LUCS documents and submit them to the local land use planning authority. The local planning staff will review the LUCS, fill out the local government section, and return the documents to the developer. The developer will then include these documents with their application submission. Application Manual, page 12.
The ESCP is used to clearly establish the measures that are intended to control erosion and prevent or limit sediment and turbidity from leaving the construction site. The ESCP contains detailed information about the project site, and outlines the location, installation, and maintenance of the erosion and sediment control measures used. The ESCP is generally provided to ODEQ through drawings of the project site. The drawings may be supplemented with text information if necessary. The developer may use ESCP drawing forms provided by the ODEQ, or they may choose to consolidate all the required information. Application Manual, page 15. The ESCP must contain the following elements:
- Local government requirements;
- Inspection information including inspector(s) and qualification(s);
- Narrative site description;
- Implementation schedule and description of BMPs; and
- Site map and drawings.
For additional information on Erosion and Sediment Control Plans see the ODEQ’s Construction Stormwater Erosion and Sediment Control Manual.
The developer is required to submit an application fee of $1348 and submit an annual fee of $1386. 340-045-0075 Table 70G.
6-OR-b.5 to 6-OR-b.6 - Review Application Materials for Completeness
The ODEQ will review the application to ensure completeness. If the application is incomplete, then it will be returned to the developer with a list of missing information. Application Manual, page 13.
6-OR-b.7 - Will the Project Disturb more than 5 Acres?
If the project is expected to disturb more than 5 acres, then the project is subject to public review and comment. Application Manual, page 13.
6-OR-b.8 - Provide Public Notice of Application
The ODEQ will provide public notice of the application on their website. Application Manual, page 14.
6-OR-b.9 – Comment on Application
The public will have 14 days to comment on the application. All comments will be considered by the ODEQ when determining whether a permit should be issued. Application Manual, page 14.
6-OR-b.10 - Review application and Erosion and Sediment Control Plan
After the public comment period, the ODEQ will review the project and the public comments. If the ESCP is adequate, then the permit is awarded and public commenters are notified. Application Manual, page 14.
6-OR-b.11 to 6-OR-b.12 – Does ODEQ Approve the Permit?
ODEQ may approve or deny the permit and ESCP. If ODEQ denies the permit, then the developer may amend their ESCP to bring it into compliance. The developer may also change the project location if necessary. Application Manual, page 14.
6-OR-b.13 - Construction Stormwater Permit
The ODEQ will issue a permit following review .
6-OR-b.14 – Monitor Controls and BMPs
The developer must continuously monitor the controls placed on stormwater runoff to ensure that they are working correctly. All areas of the site disturbed by construction activity must be inspected to ensure that BMPs are in working order. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking as well as areas used for storage of materials that are exposed to precipitation for evidence of spillage or other potential to contaminate stormwater runoff. Application Manual, page 20. The developer is responsible for keeping accurate records and monitoring results, and ensuring that these records are stored on-site. These records must be retained for at least three years after project completion. Application Manual, page 21.
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