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Oregon Construction Stormwater Permit (6-OR-b)

This flowchart illustrates the procedure for obtaining a Construction Stormwater Permit in Oregon. Construction Stormwater Permits are issued by the Oregon Department of Environmental Quality (ODEQ). 40 C.F.R. 122 requires that National Pollutant Discharge Elimination System (NPDES) permits be obtained for certain construction activities that result in land disturbance. Oregon Administrative Rules 340-045-0015 require all owners or operators responsible for these activities to register with ODEQ through coverage under a general NPDES permit or through obtaining a Construction Stormwater Permit.

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).

Certain jurisdictions in Oregon allow the local government to administer the Construction Stormwater Permit requirements as an agent of the ODEQ. See Application Manual, page 3.

Construction Stormwater Permit Process

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, Multnomah Co. (unincorporated areas);
  • 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 3.

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 6.

The developer is also required to incorporate Best Management Practices (BMPs) into their land disturbing construction work. Application Form Manual, page 6. 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 7.

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 12. 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 $826 and submit an annual fee of $850.

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 10.

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.

6-OR-b.8 - Provide Public Notice of Application

The ODEQ will provide public notice of the application on their website.

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 10.

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.

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.

6-OR-b.13 - Construction Stormwater Permit

The ODEQ will issue a permit following review. After the permit has been issued, the developer is authorized to discharge the following stormwater discharges subject to compliance with the terms and conditions of the permit:

  • Stormwater associated with construction activity, from support activities at the construction site (e.g., concrete or asphalt operations, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) provided:
  1. The support activity is directly related to the construction site and with construction activity; not commercial operation serving multiple unrelated construction projects, and does not operate beyond the completion of the construction activity; and
  2. Appropriate controls and measures are identified in an ESCP covering the discharges from the support activity areas. Application Manual, page 7.

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 17. 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 18.

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