Construction General Permit (CGP)

February 15, 2012

National Pollutant Discharge Elimination System

General Permit for Discharges from

Construction Activities

In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter 

CWA or the Act), as amended by the Water Quality Act of 1987, P.L. 100-4, “operators” of 

construction activities (defined in Part 1.1.a and Appendix A) that meet the requirements of Part 

1.1 of this National Pollutant Discharge Elimination System (NPDES) general permit, are authorized 

to discharge pollutants in accordance with the effluent limitations and conditions set forth 

herein. Permit coverage is required from the “commencement of earth-disturbing activities” (see 

Appendix A) until “final stabilization” (see Part 2.2).

This permit becomes effective on February 16, 2012.

This permit and the authorization to discharge expire at midnight, February 16, 2017.

Signed and issued this day of , 

2012

Name

Title, Region 1

Signed and issued this day of , 

2012

Name

Title, Region 2

Signed and issued this day of , 

2012

Name

Title, Region 2, Caribbean Office

Signed and issued this day of , 

2012

Name

Title, Region 3

Signed and issued this day of , 

2012

Name

Title, Region 4

Signed and issued this day of , 

2012

Name

Title, Region 5

Signed and issued this day of , 

2012

Name

Title, Region 6

Signed and issued this day of , 

2012

Name

Title, Region 7

Signed and issued this day of , 

2012

Name

Title, Region 8

Signed and issued this day of , 

2012

Name

Title, Region 9
Construction General Permit (CGP)

February 15, 2012

Signed and issued this day of , 

2012

Name

Title, Region 10

The signatures are for the permit conditions in Parts 1 through 9 and Appendices A through K.
Construction General Permit (CGP)

Page i

CONTENTS

1. HOW TO OBTAIN PERMIT COVERAGE UNDER THE CGP.....................................................................1

1.1. ELIGIBILITY CONDITIONS REQIRED OF ALL PROJECTS. ................................................................1

1.2. ELIGIBILITY CONDITIONS THAT APPLY DEPENDING ON TYPE OF PROJECT. .............................2

1.2.1. Eligibility for Emergency-Related Construction Activities. ..........................................2

1.2.2. Water Quality Standards – Eligibility for New Sources. ................................................2

1.2.3. Discharging to Waters with High Water Quality – Eligibility for New 

Sources. ................................................................................................................................3

1.2.4. Use of Cationic Treatment Chemicals............................................................................3

1.3. Types of Discharges Authorized Under the CGP........................................................................3

1.4. SUBMITTING YOUR NOTICE OF INTENT (NOI).................................................................................4

1.4.1. How to Submit Your NOI....................................................................................................4

1.4.2. Deadlines for Submitting Your NOI and Your Official Date of Permit 

Coverage.............................................................................................................................5

Note: If you have missed the deadline to submit your NOI, any and all 

discharges from your construction activities will continue to be 

unauthorized under the Clean Water Act until they are covered by this or 

a different NPDES permit. EPA may take enforcement action for any 

unpermitted discharges that occur between the commencement of 

earth-disturbing activities and discharge authorization.............................................6

1.4.3. Your Official End Date of Permit Coverage ..................................................................6

1.4.4. Continuation of Coverage for Existing Permittees After the Permit Expires. ...........6

1.4.5. Procedures for Denial of Coverage................................................................................7

1.5. REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE............................................7

2. EFFLUENT LIMITATIONS APPLICABLE TO ALL DISCHARGES FROM CONSTRUCTION SITES................8

2.1. EROSION AND SEDIMENT CONTROL REQUIREMENTS..................................................................8

2.1.1. General Requirements Applicable to All Construction Sites......................................8

2.1.2. Erosion and Sediment Control Requirements Applicable to All Sites.....................10

Note: Inlet protection measures can be removed in the event of flood conditions or to 

prevent erosion. ................................................................................................................................15

2.1.3. Requirements Applicable Only to Sites Using These Specific Stormwater 

Controls...............................................................................................................................15

2.2. STABILIZATION REQUIREMENTS. .....................................................................................................17

2.2.1. Deadlines for Initiating and Completing Stabilization...............................................18

2.2.2. Criteria for Stabilization....................................................................................................20

2.3. POLLUTION PREVENTION REQUIREMENTS....................................................................................21

2.3.1. Prohibited Discharges......................................................................................................21

2.3.2. General Maintenance Requirements. .........................................................................21

2.3.3. Pollution Prevention Standards. .....................................................................................22

2.3.4. Emergency Spill Notification...........................................................................................25

2.3.5. Fertilizer Discharge Restrictions.......................................................................................25
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February 15, 2012

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3. WATER QUALITY-BASED EFFLUENT LIMITATIONS. ..............................................................................27

3.1. GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS.........27

3.2. DISCHARGE LIMITATIONS FOR IMPAIRED WATERS.....................................................................27

3.2.1. Identify If You Discharge To An Impaired Water. .......................................................27

3.2.2. Requirements for Discharges to Sediment or Nutrient-Impaired Waters...............28

EPA will also impose additional water quality-based limitations on a site-specific basis, 

or require you to obtain coverage under an individual permit, if it is determined 

that the controls in the Part will not be sufficient to control discharges consistent 

with the assumptions and requirements of an applicable wasteload allocation 

of an approved or established TMDL or to prevent the site from contributing to 

the impairment...............................................................................................................................28

3.3. DISCHARGES TO WATERS IDENTIFIED AS TIER 2, TIER 2.5, OR TIER 3.........................................28

3.3.1. Identify if You Discharge to a Tier 2, Tier 2.5, or Tier 3 Water. ...................................28

3.3.2. Requirements for New Projects Discharging to Tier 2, Tier 2.5, or Tier 3 

Waters. ................................................................................................................................28

4. INSPECTIONS.......................................................................................................................................29

4.1. SITE INSPECTIONS.............................................................................................................................29

4.1.1. Person(s) Responsible for Inspecting Site. ....................................................................29

4.1.2. Frequency of Inspections................................................................................................29

4.1.3. Increase in Inspection Frequency for Sites Discharging to Sensitive Waters.........29

4.1.4. Reductions in Inspection Frequency. ...........................................................................30

4.1.5. Areas that Need to Be Inspected. During your site inspection, you must 

at a minimum inspect the following areas of your site: ............................................31

4.1.6. Requirements for Inspections. During your site inspection, you must at a 

minimum:............................................................................................................................31

4.1.7. Inspection Report. ............................................................................................................32

4.2. INSPECTIONS BY EPA.......................................................................................................................33

4.2.1. Enter onto areas of your site, including any construction support activity 

areas covered by this permit (see Part 1.3.c), and onto locations where 

records are kept under the conditions of this permit;...............................................33

4.2.2. Access and copy any records that must be kept under the conditions of 

this permit;..........................................................................................................................33

4.2.3. Inspect your construction site, including any construction support activity 

areas covered by this permit (see Part 1.3.c) and any stormwater 

controls installed and maintained at the site; and....................................................33

4.2.4. Sample or monitor for the purpose of ensuring compliance...................................33

5. CORRECTIVE ACTIONS. ......................................................................................................................34

5.1. “CORRECTIVE ACTIONS” DEFINED...............................................................................................34

5.2. REQUIREMENTS FOR TAKING CORRECTIVE ACTION. ................................................................34

5.2.1. For any of the following conditions on your site, you must install a new or 

modified control and make it operational, or complete the repair, by no 

later than 7 calendar days from the time of discovery. If it is infeasible to 

complete the installation or repair within 7 calendar days, you must 

document in your records why it is infeasible to complete the installation 
Construction General Permit (CGP)

February 15, 2012

Page iii

or repair within the 7 calendar day timeframe and document your 

schedule for installing the stormwater control(s) and making it 

operational as soon as practicable after the 7-day timeframe.............................34

5.2.2. Where your corrective actions result in changes to any of the stormwater 

controls or procedures documented in your SWPPP, you must modify 

your SWPPP accordingly within 7 calendar days of completing corrective 

action work........................................................................................................................34

5.3. CORRECTIVE ACTION REQUIRED BY EPA....................................................................................34

5.4. CORRECTIVE ACTION REPORT......................................................................................................34

5.4.1. Within 24 hours of discovering the occurrence of one of the triggering 

conditions in Part 5.2.1 at your site, you must complete a report of the 

following: ............................................................................................................................35

5.4.2. Within 7 calendar days of discovering the occurrence of one of the 

triggering conditions in Part 5.2.1 at your site, you must complete a report 

of the following: ................................................................................................................35

5.4.3. Signature Requirements. Each corrective action report must be signed 

and certified in accordance with Appendix I, Part I.11 of this permit...................35

5.4.4. Recordkeeping Requirements. You are required to keep a current copy 

of all corrective action reports at the site or at an easily accessible 

location, so that it can be made available at the time of an onsite 

inspection or upon request by EPA. For purposes of this permit, your 

corrective action reports may be kept electronically if the records are:.............35

All corrective action reports completed for this Part must be retained for at least 

3 years from the date that your permit coverage expires or is terminated..........35

6. STAFF TRAINING REQUIREMENTS. ......................................................................................................36

7. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)...................................................................37

7.1. GENERAL REQUIREMENTS. .............................................................................................................37

7.1.1. Requirement to Develop a SWPPP Prior to Submitting Your NOI. ...........................37

7.2. SWPPP CONTENTS. ..........................................................................................................................37

7.2.1. Stormwater Team. ............................................................................................................37

7.2.2. Nature of Construction Activities...................................................................................37

7.2.3. Emergency-Related Projects..........................................................................................38

7.2.4. Identification of Other Site Operators. .........................................................................38

7.2.5. Sequence and Estimated Dates of Construction Activities. ....................................38

7.2.6. Site Map..............................................................................................................................38

7.2.7. Construction Site Pollutants. ...........................................................................................39

7.2.8. Non-Stormwater Discharges...........................................................................................40

7.2.9. Buffer Documentation.....................................................................................................40

If you are required to comply with Part 2.1.2.1 because a surface water is 

located within 50 feet of your project’s earth disturbances, you must 

describe which compliance alternative you have selected for your site, 

and comply with any additional requirements to provide documentation 

in Part 2.1.2.1......................................................................................................................40

7.2.10. Description of Stormwater Control Measures. ............................................................40

7.2.11. Pollution Prevention Procedures....................................................................................41
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February 15, 2012

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7.2.12. Procedures for Inspection, Maintenance, and Corrective Action.........................42

7.2.13. Staff Training. .....................................................................................................................42

7.2.14. Documentation of Compliance with Other Federal Requirements.......................42

7.2.15. SWPPP Certification..........................................................................................................43

7.2.16. Post-Authorization Additions to the SWPPP. ................................................................43

7.3. ON-SITE AVAILABILITY OF YOUR SWPPP.......................................................................................43

7.4. REQUIRED SWPPP MODIFICATIONS..............................................................................................44

7.4.1. List of Conditions Requiring SWPPP Modification. ......................................................44

You must modify your SWPPP, including the site map(s), in response to any of the 

following conditions: ........................................................................................................44

7.4.2. Deadlines for SWPPP Modifications...............................................................................44

7.4.3. SWPPP Modification Records. ........................................................................................44

7.4.4. Certification Requirements.............................................................................................44

All modifications made to the SWPPP consistent with Part 7.4 must be authorized 

by a person identified in Appendix I, Part I.11.b.........................................................44

7.4.5. Required Notice to Other Operators............................................................................44

8. HOW TO TERMINATE COVERAGE. .....................................................................................................45

8.1. MINIMUM INFORMATION REQUIRED IN NOT. .............................................................................45

8.1.1. NPDES permit tracking number provided by EPA when you received 

coverage under this permit;...........................................................................................45

8.1.2. Basis for submission of the NOT (see Part 8.2);.............................................................45

8.1.3. Operator contact information;......................................................................................45

8.1.4. Name of project and address (or a description of location if no street 

address is available); and...............................................................................................45

8.1.5. NOT certification...............................................................................................................45

8.2. CONDITIONS FOR TERMINATING PERMIT COVERAGE. .............................................................45

8.2.1. You have completed all earth-disturbing activities at your site and, if 

applicable, construction support activities covered by this permit (see 

Part 1.3.c), and you have met the following requirements: ....................................45

8.2.2. You have transferred control of all areas of the site for which you are 

responsible under this permit to another operator, and that operator has 

submitted an NOI and obtained coverage under this permit; or ..........................45

8.2.3. Coverage under an individual or alternative general NPDES permit has 

been obtained..................................................................................................................45

8.3. HOW TO SUBMIT YOUR NOT. .........................................................................................................45

8.4. DEADLINE FOR SUBMITTING NOTS. ...............................................................................................46

8.5. EFFECTIVE DATE OF TERMINATION OF COVERAGE...................................................................46

9. PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR 

TERRITORIES.........................................................................................................................................47

The provisions in this Part provide modifications or additions to the applicable 

conditions of this permit to reflect specific additional conditions required as part 

of the state or tribal CWA Section 401 certification process, or the Coastal Zone 

Management Act (CZMA) certification process, or as otherwise established by 
Construction General Permit (CGP)

February 15, 2012

Page v

the permitting authority. The specific additional revisions and requirements only 

apply to activities in those specific states, Indian country, and areas in certain 

states subject to construction projects by Federal Operators. States, Indian 

country, and areas subject to construction by Federal Operators not included in 

this Part do not have any modifications or additions to the applicable conditions 

of this permit....................................................................................................................................47

9.1. Region 1............................................................................................................................................47

9.1.1. MAR100000: Commonwealth of Massachusetts (except Indian country)............47

9.1.2. NHR100000: State of New Hampshire. ..........................................................................48

9.2. Region 4............................................................................................................................................50

9.2.1. FLR10000I: Indian country within the State of Florida.................................................50

9.3. Region 5............................................................................................................................................51

9.3.1. MIR10000I: Indian country within the State of Michigan. Projects on Indian 

country within the State of Michigan are not eligible for coverage under 

this permit. Contact EPA Region 5 for an individual permit application...............51

9.3.2. MNR10000I: Indian country within the State of Minnesota. Projects on 

Indian country within the State of Minnesota are not eligible for 

coverage under this permit. Contact EPA Region 5 for an individual 

permit application............................................................................................................51

9.3.3. WIR10000I: Indian country within the State of Wisconsin, except the 

Sokaogon Chippewa (Mole Lake) Community. Projects in Indian country 

within the State of Wisconsin, are not eligible for coverage under this 

permit. Contact EPA Region 5 for an individual permit application......................51

9.4. Region 6............................................................................................................................................51

9.4.1. NMR100000: State of New Mexico, except Indian country......................................51

9.4.2. NMR10000I: Indian country within the State of New Mexico. ..................................53

Regular U.S. Delivery Mail: .....................................................................................................................54

Pueblo of Sandia Environment Department .....................................................................................54

Attention: Water Quality Manager......................................................................................................54

481 Sandia Loop......................................................................................................................................54

Bernalillo, New Mexico 87004 ...............................................................................................................54

9.4.3. OKR10000F: Discharges in the State of Oklahoma that are not under the 

authority of the Oklahoma Department of Environmental Quality, 

including activities associated with oil and gas exploration, drilling, 

operations, and pipelines (includes SIC Groups 13 and 46, and SIC codes 

492 and 5171), and point source discharges associated with agricultural 

production, services, and silviculture (includes SIC Groups 01, 02, 07, 08, 

09). .......................................................................................................................................54

In accordance with Section 303 of the Clean Water Act and Oklahoma’s Water 

Quality Standards (OAC 785: 45): .................................................................................54

9.5. Region 8............................................................................................................................................54

9.5.1. MTR10000I: Indian country within the State of Montana ..........................................54

9.6. Region 9............................................................................................................................................55

9.6.1. AZR10000I: Indian country within the State of Arizona. .............................................55

9.6.2. CAR10000I: Indian country within the State of California.........................................55
Construction General Permit (CGP)

February 15, 2012

Page vi

9.6.3. GUR100000: The Island of Guam. Permittees must adhere with imposed 

conditions for the project, in accordance with section 307(c)(1), of the 

Coastal Zone Management Act, 15 CFR part 930.....................................................55

9.6.4. MPR100000: Commonwealth of the Northern Mariana Islands (CNMI). ...............56

9.6.5. NVR10000I: Indian country within the State of Nevada............................................56

9.7. Region 10 .........................................................................................................................................57

9.7.1. IDR100000: The State of Idaho, except those located on Indian country. 

Projects in the State of Idaho, except those located on Indian country, 

are not eligible for coverage under this permit. Contact EPA Region 10 

for an individual permit application. ............................................................................57

9.7.2. ORR10000I: Indian country within the State of Oregon.............................................57

9.7.3. WAR10000F: Areas in the State of Washington, except those located on 

Indian country, subject to construction by Federal Operators. Areas in 

the State of Washington, except those located on Indian country, 

subject to construction by Federal Operators are not eligible for 

coverage under this permit. Contact EPA Region 10 for an individual 

permit application............................................................................................................59

9.7.4. WAR10000I: Indian country within the State of Washington ....................................59

Puyallup Tribe of Indians................................................................................................................61

3009 E. Portland Avenue ...............................................................................................................61

Tacoma, WA 98404 ........................................................................................................................61

ATTN: Natural Resources Department – Bill Sullivan and Char Naylor..................................61

APPENDIX A - DEFINITIONS AND ACRONYMS ..................................................................................A-1

APPENDIX B - PERMIT AREAS ELIGIBLE FOR COVERAGE..................................................................B-1

APPENDIX C - SMALL CONSTRUCTION WAIVERS AND INSTRUCTIONS .........................................C-1

APPENDIX D - ENDANGERED SPECIES ACT REQUIREMENTS...........................................................D-1

APPENDIX E - HISTORIC PROPERTY SCREENING PROCESS................................................. E-1

APPENDIX F - LIST OF TIER 3, TIER 2, AND TIER 2.5 WATERS ..............................................................F-1

APPENDIX G – BUFFER GUIDANCE ................................................................................................... .G-1

APPENDIX H - 2-YEAR, 24-HOUR STORM FREQUENCIES ..................................................................H-1

APPENDIX I - STANDARD PERMIT CONDITIONS...................................................................................I-1

APPENDIX J - NOTICE OF INTENT (NOI) FORM AND INSTRUCTIONS ...............................................J-1

APPENDIX K - NOTICE OF TERMINATION (NOT) FORM AND INSTRUCTIONS ................................ K-1
Construction General Permit (CGP)

February 15, 2012

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1. HOW TO OBTAIN PERMIT COVERAGE UNDER THE CGP.

To be covered under this permit, you must meet the eligibility conditions and follow the 

requirements for applying for permit coverage in this Part. 

1.1. ELIGIBILITY CONDITIONS REQIRED OF ALL PROJECTS.

Only those projects that meet all of the following eligibility conditions may be covered 

under this permit:

a. You are an “operator” of the construction project for which discharges will be 

covered under this permit;

Note: For the purposes of this permit, an “operator” is any party associated with a 

construction project that meets either of the following two criteria:

1. The party has operational control over construction plans and 

specifications, including the ability to make modifications to those plans 

and specifications; or

2. The party has day-to-day operational control of those activities at a project 

that are necessary to ensure compliance with the permit conditions (e.g., 

they are authorized to direct workers at a site to carry out activities 

required by the permit).

Subcontractors generally are not considered operators for the purposes of this 

permit.

Note: Where there are multiple operators associated with the same project, all 

operators are required to obtain permit coverage. The following applies in 

these situations:

1. If one operator has control over plans and specifications and a different 

operator has control over activities at the project site, they may divide 

responsibility for compliance with the terms of this permit as long as they 

develop a group SWPPP (see Part 7.1.1), which documents which operator 

has responsibility for each requirement of the permit.

2. If an operator only has operational control over a portion of a larger 

project (e.g., one of four homebuilders in a subdivision), the operator is 

responsible for compliance with all applicable effluent limits, terms, and 

conditions of this permit as it relates to the activities on their portion of the 

construction site, including protection of endangered species, critical 

habitat, and historic properties, and implementation of control measures 

described in the SWPPP in the areas under their control. 

3. You must ensure either directly or through coordination with other 

permittees, that your activities do not render another party’s pollutant 

discharge controls ineffective. 

4. If the operator of a “construction support activity” (see Part 1.3.c) is 

different than the operator of the main construction site, that operator is 

also required to obtain permit coverage.

b. Your project:

i. Will disturb 1 or more acres of land, or will disturb less than 1 acre of land but is 

part of a common plan of development or sale that will ultimately disturb 1 or 

more acres of land; or 

ii. Your project’s discharges have been designated by EPA as needing a permit 

under § 122.26(a)(1)(v) or § 122.26(b)(15)(ii);

c. Your project is located in an area where EPA is the permitting authority (see 

Appendix B);
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February 15, 2012

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d. Discharges from your project are not:

i. Already covered by a different NPDES permit for the same discharge; or

ii. In the process of having coverage under a different NPDES permit for the same 

discharge denied, terminated, or revoked.

1, 2

e. You are able to demonstrate that you meet one of the criteria listed in Appendix D 

with respect to the protection of species that are federally-listed as endangered or 

threatened under the Endangered Species Act (ESA) or federally-designated 

critical habitat; 

f. You have completed the screening process in Appendix E relating to the

protection of historic properties and places; and

g. You have complied with all requirements in Part 9 imposed by the applicable state, 

Indian tribe, or territory in which your construction activities will occur.

1.2. ELIGIBILITY CONDITIONS THAT APPLY DEPENDING ON TYPE OF PROJECT.

You must also satisfy, if applicable, the conditions in Parts 1.2.1 through 1.2.4 in order to 

obtain coverage under this permit.

1.2.1. Eligibility for Emergency-Related Construction Activities.

If you are conducting earth-disturbing activities in response to a public emergency (e.g., 

natural disaster, widespread disruption in essential public services), and the related work 

requires immediate authorization to avoid imminent endangerment to human health, 

public safety, or the environment, or to reestablish essential public services, you are 

authorized to discharge on the condition that a complete and accurate NOI is 

submitted within 30 calendar days after commencing earth-disturbing activities (see 

Table 1) establishing that you are eligible under this permit. You are also required to 

provide documentation in your SWPPP to substantiate the occurrence of the public 

emergency.

1.2.2. Water Quality Standards – Eligibility for New Sources.

If you are a “new source” (as defined in Appendix A), you are not eligible for coverage 

under this permit for discharges that EPA, prior to authorization under this permit, 

determines will cause, have the reasonable potential to cause, or contribute to an 

excursion above any applicable water quality standard. Where such a determination is 

made prior to authorization, EPA may notify you that an individual permit application is 

necessary in accordance with Part 1.4.5. However, EPA may authorize your coverage 

under this permit after you have included appropriate controls and implementation 

procedures designed to bring your discharge into compliance with water quality 

standards. In the absence of information demonstrating otherwise, EPA expects that 

compliance with the stormwater control requirements of this permit, including the 

requirements applicable to such discharges in Part 3.2, will result in discharges that will 

not cause, have the reasonable potential to cause, or contribute to an excursion above 

any applicable water quality standard. 

 

1

 Parts 1.1.d.i and 1.1.d.ii do not include sites currently covered under the 2003 or 2008 CGPs, which are in 

the process of obtaining coverage under this permit, and sites covered under this permit, which are 

transferring coverage to a different operator.

2

 Notwithstanding a project being made ineligible for coverage under this permit because it falls under the 

description of Parts 1.1.d.i or 1.1.d.ii, above, EPA may waive the applicable requirement after specific 

review if it determines that coverage under this permit is appropriate.
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February 15, 2012

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1.2.3. Discharging to Waters with High Water Quality – Eligibility for New Sources.

If you are a “new source” (as defined in Appendix A), you are eligible to discharge to a 

Tier 2, Tier 2.5, or Tier 3 water only if your discharge will not lower the water quality of the 

applicable water. In the absence of information demonstrating otherwise, EPA expects 

that compliance with the stormwater control requirements of this permit, including the 

requirements applicable to such discharges in Part 3.3.2, will result in discharges that will 

not lower the water quality of the applicable water. See list of Tier 2, Tier 2.5, and Tier 3 

waters in Appendix F.

Note: Your project will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first 

surface water to which you discharge is identified by a state, tribe, or EPA as a Tier 2, 

Tier 2.5, or Tier 3 water. For discharges that enter a storm sewer system prior to 

discharge, the first surface water to which you discharge is the waterbody that receives 

the stormwater discharge from the storm sewer system.

1.2.4. Use of Cationic Treatment Chemicals.

If you plan to use cationic treatment chemicals (as defined in Appendix A), you are 

ineligible for coverage under this permit, unless you notify your applicable EPA Regional 

Office in advance and the EPA office authorizes coverage under this permit after you 

have included appropriate controls and implementation procedures designed to ensure 

that your use of cationic treatment chemicals will not lead to a violation of water quality 

standards.

1.3. Types of Discharges Authorized Under the CGP.

The following is a list of discharges that are allowed under the permit provided that 

appropriate stormwater controls are designed, installed, and maintained:

a. Stormwater discharges, including stormwater runoff, snowmelt runoff, and surface 

runoff and drainage, associated with construction activity under 40 CFR § 

122.26(b)(14) or § 122.26(b)(15)(i);

b. Stormwater discharges designated by EPA as needing a permit under 40 CFR § 

122.26(a)(1)(v) or § 122.26(b)(15)(ii);

c. Stormwater discharges from construction support activities (e.g., concrete or 

asphalt batch plants, equipment staging yards, material storage areas, excavated 

material disposal areas, borrow areas) provided:

i. The support activity is directly related to the construction site required to have 

permit coverage for stormwater discharges;

ii. The support activity is not a commercial operation, nor does it serve multiple 

unrelated construction projects; 

iii. The support activity does not continue to operate beyond the completion of 

the construction activity at the project it supports; and

iv. Stormwater controls are implemented in accordance with Part 2 and, if 

applicable, Part 3, for discharges from the support activity areas.

d. The following non-stormwater discharges from your construction activity, provided 

that, with the exception of water used to control dust and to irrigate areas to be 

vegetatively stabilized, these discharges are not routed to areas of exposed soil on 

your site and you comply with any applicable requirements for these discharges in 

Part 2:

i. Discharges from emergency fire-fighting activities;
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February 15, 2012

Page 4 of 61

ii. Fire hydrant flushings;

iii. Landscape irrigation;

iv. Water used to wash vehicles and equipment, provided that there is no 

discharge of soaps, solvents, or detergents used for such purposes;

v. Water used to control dust;

vi. Potable water including uncontaminated water line flushings;

vii. Routine external building washdown that does not use detergents;

viii. Pavement wash waters provided spills or leaks of toxic or hazardous materials

have not occurred (unless all spill material has been removed) and where 

detergents are not used. You are prohibited from directing pavement wash 

waters directly into any surface water, storm drain inlet, or stormwater 

conveyance, unless the conveyance is connected to a sediment basin, 

sediment trap, or similarly effective control;

ix. Uncontaminated air conditioning or compressor condensate;

x. Uncontaminated, non-turbid discharges of ground water or spring water;

xi. Foundation or footing drains where flows are not contaminated with process 

materials such as solvents or contaminated ground water; and

xii. Construction dewatering water that has been treated by an appropriate 

control under Part 2.1.3.4; and

e. Discharges of stormwater listed above in Parts a, b, and c, or authorized nonstormwater discharges in Part d above, commingled with a discharge authorized 

by a different NPDES permit and/or a discharge that does not require NPDES permit 

authorization.

1.4. SUBMITTING YOUR NOTICE OF INTENT (NOI).

To be covered under this permit, you must submit to EPA a complete and accurate NOI 

prior to commencing construction activities. The NOI certifies to EPA that you are eligible 

for coverage according to Part 1.1 and 1.2, and provides information on your 

construction operation and discharge. 

Note: All “operators” (as defined in Appendix A) associated with your construction project, 

who meet the Part 1.1 eligibility requirements, and who elect to seek coverage under 

this permit, are required to submit an NOI.

Note: There are two exceptions to the requirement to submit the NOI prior to the 

commencement of construction activities: (1) for emergency-related projects, and (2) 

for new projects scheduled to commence construction activities on or after February 

16, 2012, but no later than March 1, 2012. For these two types of projects, the NOI must

be submitted within 30 calendar days after the commencement of earth-disturbing 

activities (see Part 1.4.2).

Note: You must complete the development of a Stormwater Pollution Prevention Plan 

(SWPPP) consistent with Part 7 prior to submitting your NOI for coverage under this 

permit.

1.4.1. How to Submit Your NOI.

You are required to use EPA’s electronic NOI system, or “eNOI system”, to prepare and 

submit your NOI. Go to www.epa.gov/npdes/stormwater/cgpenoi to access the eNOI 

system and file an NOI. If you have a problem with the use of the eNOI system, contact 

the EPA Regional Office that corresponds to the location of your site. If you are given 
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February 15, 2012

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approval by the EPA Regional Office to use a paper NOI, and you elect to use it, you 

must complete the form in Appendix J.

1.4.2. Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage.

Table 1 provides the deadlines for submitting your NOI and your official start date of 

permit coverage, which differ depending on when you commence construction 

activities. The following terms are used in Table 1 to establish NOI deadlines:

a. New project – a construction project that commences construction activities on or 

after February 16, 2012.

b. Existing project – a construction project that commenced construction activities 

prior to February 16, 2012. 

c. New operator of a new or existing project – an operator that through transfer of 

ownership and/or operation replaces the operator of an already permitted 

construction project.

Table 1 NOI Submittal Deadlines and Official Start Date for Permit Coverage.

Type of 

Construction 

Project

Deadlines for Operators to Submit 

NOI

Official Start Date for Permit 

Coverage

New project You must submit your NOI at least 

14 calendar days prior to 

commencing earth-disturbing 

activities. 

Exception: If your project qualifies 

as an “emergency-related project” 

under Part 1.2.1, you must submit 

your NOI by no later than 30

calendar days after commencing 

earth-disturbing activities. 

Exception: If you are scheduled to 

commence construction activities 

on or after February 16, 2012, but no 

later than March 1, 2012, you must 

submit your NOI by no later than 30 

calendar days after commencing 

earth-disturbing activities.

You are considered covered under 

this permit 14 calendar days after 

EPA has acknowledged receipt of 

your NOI on the Agency’s website 

(www.epa.gov/npdes/stormwater/

cgpnoisearch), unless EPA notifies 

you that your authorization has 

been delayed or denied.

Exception: If your project qualifies 

as an “emergency-related project” 

under Part 1.2.1, you are 

considered provisionally covered 

under the terms and conditions of 

this permit immediately, and fully

covered 14 calendar days after 

EPA has acknowledged receipt of 

your NOI, unless EPA notifies you 

that your authorization has been 

delayed or denied.

Exception: If you are scheduled to 

commence construction activities

on or after February 16, 2012, but no 

later than March 1, 2012, you are 

considered provisionally covered 

under the terms and conditions of 

this permit immediately, and fully 

covered 14 calendar days after 

EPA has acknowledged receipt of 

your NOI, unless EPA notifies you 
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Type of 

Construction 

Project

Deadlines for Operators to Submit 

NOI

Official Start Date for Permit 

Coverage

that your authorization has been 

delayed or denied.

Existing project You must submit your NOI by no 

later than May 16, 2012. However, if 

you have not previously obtained 

coverage under an NPDES permit, 

you must submit your NOI 

immediately.

You are considered covered under 

this permit 14 calendar days after 

EPA has acknowledged receipt of 

your NOI on the Agency’s website 

(www.epa.gov/npdes/stormwater/

cgpnoisearch), unless EPA notifies 

you that your authorization has 

been delayed or denied.3

New operator of a 

new or existing 

project

You must submit your NOI at least 

14 calendar days before the date 

the transfer to the new operator will 

take place.

You are considered covered under 

this permit 14 calendar days after 

EPA has acknowledged receipt of 

your NOI on the Agency’s website 

(www.epa.gov/npdes/stormwater/

cgpnoisearch), unless EPA notifies 

you that your authorization has 

been delayed or denied.

Note: If you have missed the deadline to submit your NOI, any and all discharges from your 

construction activities will continue to be unauthorized under the Clean Water Act until they 

are covered by this or a different NPDES permit. EPA may take enforcement action for any 

unpermitted discharges that occur between the commencement of earth-disturbing 

activities and discharge authorization.

Note: Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never 

eligible for permit coverage.

1.4.3. Your Official End Date of Permit Coverage

Once covered under this permit, your coverage will last until the date that:

 You terminate permit coverage consistent with Part 8; or

 Your discharges are permitted under a different NPDES permit or a reissued or 

replacement version of this permit after expiring on February 16, 2017; or 

 For existing projects that continue after this permit has expired, the deadline has 

passed for the submission of an NOI for coverage under a reissued or 

replacement version of this permit and you have failed to submit an NOI by the 

required deadline. 

1.4.4. Continuation of Coverage for Existing Permittees After the Permit Expires.

If this permit is not reissued or replaced prior to the expiration date, it will be 

administratively continued in accordance with the Administrative Procedure Act and 

 

3 Note that if you are currently covered under the 2003 or 2008 CGP, this coverage continues 

until your coverage under this permit begins, provided you have submitted an NOI by the 

deadline.
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remain in force and effect for discharges that were covered prior to expiration. If you 

were granted permit coverage prior to the expiration date, you will automatically remain 

covered by this permit until the earliest of:

 Your authorization for coverage under a reissued or replacement version of this 

permit following your timely submittal of a complete and accurate NOI 

requesting coverage under the new permit; or

Note: If you fail to submit a timely NOI for coverage under the reissued or 

replacement permit, your coverage will terminate on the date that the NOI 

was due.

 Your submittal of a Notice of Termination; or

 Issuance or denial of an individual permit for the project’s discharges; or

 A final permit decision by EPA not to reissue a general permit, at which time EPA 

will identify a reasonable time period for covered dischargers to seek coverage 

under an alternative general permit or an individual permit. Coverage under this 

permit will terminate at the end of this time period.

EPA reserves the right to modify or revoke and reissue this permit under 40 CFR 122.62 and 

63, in which case you will be notified of any relevant changes or procedures to which 

you may be subject.

1.4.5. Procedures for Denial of Coverage.

Following your submittal of a complete and accurate NOI, you may be notified in writing 

by EPA that you are not covered, and that you must either apply for and/or obtain 

coverage under an individual NPDES permit or an alternate general NPDES permit. This 

notification will include a brief statement of the reasons for this decision and will provide 

application information. Any interested person may request that EPA consider requiring 

an individual permit under this paragraph. 

If you are already a permittee with coverage under this permit, the notice will set a 

deadline to file the permit application, and will include a statement that on the effective 

date of the individual NPDES permit or alternate general NPDES permit, as it applies to 

you, coverage under this general permit will terminate. EPA may grant additional time to 

submit the application if you request it. If you are covered under this permit and fail to 

submit an individual NPDES permit application or an NOI for an alternate general NPDES 

permit as required by EPA, then the applicability of this permit to you is terminated at the 

end of the day specified by EPA as the deadline for application submittal. EPA may take 

appropriate enforcement action for any unpermitted discharge. If you submit a timely 

permit application, then when an individual NPDES permit is issued to you or you are 

provided with coverage under an alternate general NPDES permit, your coverage under 

this permit is terminated on the effective date of the individual permit or date of 

coverage under the alternate general permit.

1.5. REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE.

You must post a sign or other notice conspicuously at a safe, publicly accessible location 

in close proximity to the project site. At a minimum, the notice must include the NPDES 

Permit tracking number and a contact name and phone number for obtaining 

additional project information. The notice must be located so that it is visible from the 

public road that is nearest to the active part of the construction site, and it must use a 

font large enough to be readily viewed from a public right-of-way.
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2. EFFLUENT LIMITATIONS APPLICABLE TO ALL DISCHARGES FROM CONSTRUCTION SITES

You are required to comply with the following effluent limitations in this Part for 

discharges from your site and/or from construction support activities (see Part 1.3.c). 

Note: If your project is an “existing project” (see Part 1.4.2.b) or if you are a “new operator of 

an existing project” (see Part 1.4.2.c), and it is infeasible for you to comply with a 

specific requirement in this Part because (1) the requirement was not part of the permit 

you were previously covered under (i.e., the 2003 or 2008 CGP), and (2) because you 

are prevented from compliance due to the nature or location of earth disturbances 

that commenced prior to February 16, 2012, or because you are unable to comply 

with the requirement due to the manner in which stormwater controls have already 

been installed or were already designed prior to February 16, 2012, you are required to 

document this fact in your SWPPP and are waived from complying with that 

requirement. This flexibility applies only to the requirements in Parts 2.1, and 2.3.3

through 2.3.5 (except for Parts 2.3.3.1, 2.3.3.2b, 2.3.3.3c.i, and 2.3.3.4). This only applies 

to those portions of your site that have already commenced earth-disturbing activities 

or where stormwater controls implemented in compliance with the previous permit 

have already been installed.

Part 2 includes the following types of requirements:

 Erosion and Sediment Control Requirements (Part 2.1)

 Stabilization Requirements (Part 2.2)

 Pollution Prevention Requirements (Part 2.3)

2.1. EROSION AND SEDIMENT CONTROL REQUIREMENTS.

You must design, install, and maintain erosion and sediment controls that minimize the 

discharge of pollutants from earth-disturbing activities. To meet this requirement, you 

must comply with the following provisions. 

2.1.1. General Requirements Applicable to All Construction Sites.

2.1.1.1 Area of Disturbance. You are required to minimize the amount of soil exposed 

during construction activities. You are also subject to the deadlines for 

temporarily and/or permanently stabilizing exposed portions of your site 

pursuant to Part 2.2.

2.1.1.2 Design Requirements. 

a. You must account for the following factors in designing your stormwater 

controls:

i. The expected amount, frequency, intensity, and duration of 

precipitation;

ii. The nature of stormwater runoff and run-on at the site, including 

factors such as expected flow from impervious surfaces, slopes, and 

site drainage features. If any stormwater flow will be channelized at 

your site, you must design stormwater controls to control both peak 

flowrates and total stormwater volume to minimize erosion at outlets 

and to minimize downstream channel and streambank erosion; and

iii. The range of soil particle sizes expected to be present on the site. 
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February 15, 2012

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b. You must direct discharges from your stormwater controls to vegetated 

areas of your site to increase sediment removal and maximize stormwater 

infiltration, including any natural buffers established under Part 2.1.2.1, unless 

infeasible. Use velocity dissipation devices if necessary to prevent erosion 

when directing stormwater to vegetated areas. 

2.1.1.3 Installation Requirements. 

a. Complete installation of stormwater controls by the time each phase of 

earth-disturbance has begun, unless infeasible. By the time earth-disturbing 

activities in any given portion of your site have begun, unless infeasible, you 

must install and make operational any downgradient sediment controls 

(e.g., buffers or equivalent sediment controls, perimeter controls, exit point 

controls, storm drain inlet protection) that control discharges from the initial 

site clearing, grading, excavating, and other land-disturbing activities. 

Note: Where it is infeasible to install stormwater controls prior to the initial earth 

disturbance, it is EPA’s expectation that it will be a rare circumstance 

that will prevent the operator from installing such controls immediately 

following the initial earth disturbance.

Following the installation of these initial controls, all other stormwater 

controls planned for this portion of your site and described in your SWPPP 

must be installed and made operational as soon as conditions on the site 

allow.

Note: The requirement to install stormwater controls prior to earth-disturbance 

for each phase of the project does not apply to the earth disturbance 

associated with the actual installation of these controls.

b. Use good engineering practices and follow manufacturer’s specifications. 

You must install all stormwater controls in accordance with good 

engineering practices, including applicable design specifications.

Note: Design specifications may be found in manufacturer specifications 

and/or in applicable erosion and sediment control manuals or 

ordinances. Any departures from such specifications must reflect good 

engineering practice and must be explained in your SWPPP.

2.1.1.4 Maintenance Requirements. 

a. You must ensure that all erosion and sediment controls required in this 

Part remain in effective operating condition during permit coverage and 

are protected from activities that would reduce their effectiveness. 

b. You must inspect all erosion and sediment controls in accordance with 

the applicable requirements in Part 4.1, and document your findings in 

accordance with Part 4.1.7. If you find a problem (e.g., erosion and 

sediment controls need to be replaced, repaired, or maintained), you 

must make the necessary repairs or modifications in accordance with the 

following schedule:

i. Initiate work to fix the problem immediately after discovering the 

problem, and complete such work by the close of the next work 

day, if the problem does not require significant repair or 

replacement, or if the problem can be corrected through routine 

maintenance.
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February 15, 2012

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ii. When installation of a new erosion or sediment control or a 

significant repair is needed, you must install the new or modified 

control and make it operational, or complete the repair, by no later 

than 7 calendar days from the time of discovery where feasible. If it 

is infeasible to complete the installation or repair within 7 calendar 

days, you must document in your records why it is infeasible to 

complete the installation or repair within the 7-day timeframe and 

document your schedule for installing the stormwater control(s) and 

making it operational as soon as practicable after the 7-day 

timeframe. Where these actions result in changes to any of the 

stormwater controls or procedures documented in your SWPPP, you 

must modify your SWPPP accordingly within 7 calendar days of 

completing this work.

2.1.2. Erosion and Sediment Control Requirements Applicable to All Sites.

2.1.2.1 Provide Natural Buffers or Equivalent Sediment Controls. (These requirements 

only apply when a surface water is located within 50 feet of your project’s 

earth disturbances). 

Note: EPA does not consider stormwater control features (e.g., stormwater 

conveyance channels, storm drain inlets, sediment basins) to constitute 

“surface waters” for the purposes of triggering the requirement to comply 

with this Part.

Note: Areas that you do not own or that are otherwise outside your operational 

control may be considered areas of undisturbed natural buffer for purposes 

of compliance with this part.

You must ensure that any discharges to surface waters through the area 

between the disturbed portions of the property and any surface waters 

located within 50 feet of your site are treated by an area of undisturbed 

natural buffer and/or additional erosion and sediment controls in order to 

achieve a reduction in sediment load equivalent to that achieved by a 50-foot 

natural buffer. Refer to Appendix G (Buffer Guidance) for information to assist 

you in complying with this requirement, and to Part 2.1.2.1e for exceptions to 

this requirement.

a. Compliance Alternatives. You can comply with this requirement in one 

of the following ways:

i. Provide and maintain a 50-foot undisturbed natural buffer; or

Note: If your earth disturbances are located 50 feet or further from a 

surface water, then you have complied with this alternative.

ii. Provide and maintain an undisturbed natural buffer that is less than 

50 feet and is supplemented by additional erosion and sediment 

controls, which in combination achieves the sediment load 

reduction equivalent to a 50-foot undisturbed natural buffer; or

iii. If it is infeasible to provide and maintain an undisturbed natural

buffer of any size, you must implement erosion and sediment 

controls that achieve the sediment load reduction equivalent to a 

50-foot undisturbed natural buffer. 

Note: For the compliance alternatives in Parts 2.1.2.1a.i and 

2.1.2.1a.ii, you are not required to enhance the quality of the 

vegetation that already exists in the buffer, or provide 

vegetation if none exists (e.g., arid and semi-arid areas). You 
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February 15, 2012

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only need to retain and protect from disturbance the natural 

buffer that existed prior to the commencement of 

construction. Any preexisting structures or impervious surfaces 

are allowed in the natural buffer provided you retain and 

protect from disturbance the natural buffer area outside the 

preexisting disturbance. Similarly, for alternatives 2.1.2.1a.ii and 

2.1.2.1a.iii, you are required to implement and maintain 

sediment controls that achieve the sediment load reduction 

equivalent to the undisturbed natural buffer that existed on 

the site prior to the commencement of construction. In 

determining equivalent sediment load reductions, you may 

consider naturally non-vegetated areas and prior 

disturbances. See Appendix G for a discussion of how to 

determine equivalent reductions.

You must document the compliance alternative you have selected in 

your SWPPP, and comply with the applicable additional requirements 

described in Parts 2.1.2.1b and 2.1.2.1c below.

The compliance alternative selected above must be maintained 

throughout the duration of permit coverage, except that you may select 

a different compliance alternative during your period of permit 

coverage, in which case you must modify your SWPPP to reflect this 

change.

b. Additional Requirements for the Compliance Alternatives in Parts 

2.1.2.1a.i and 2.1.2.1a.ii. If you choose either of the compliance 

alternatives in Parts 2.1.2.1a.i or 2.1.2.1a.ii above, throughout your period 

of coverage under this permit, you must comply with the following 

additional requirements:

i. Ensure that all discharges from the area of earth disturbance to the 

natural buffer are first treated by the site’s erosion and sediment 

controls, and use velocity dissipation devices if necessary to prevent 

erosion caused by stormwater within the buffer; 

ii. Document in your SWPPP the natural buffer width retained on the

property, and show the buffer boundary on your site plan; and

iii. Delineate, and clearly mark off, with flags, tape, or other similar 

marking device all natural buffer areas.

c. Additional Requirements for the Compliance Alternatives in Parts 

2.1.2.1a.ii and 2.1.2.1a.iii. If you choose either of the compliance 

alternatives in Parts 2.1.2.1a.ii and 2.1.2.1a.iii, you must document in your 

SWPPP the erosion and sediment control(s) you will use to achieve an 

equivalent sediment reduction, and any information you relied upon to 

demonstrate the equivalency.

d. Additional Requirement for the Compliance Alternative in Part 2.1.2.1a.iii. 

If you choose the compliance alternative in Part 2.1.2.1a.iii, you must also 

include in your SWPPP a description of why it is infeasible for you to 

provide and maintain an undisturbed natural buffer of any size.

e. Exceptions.

i. If there is no discharge of stormwater to surface waters through the 

area between your site and any surface waters located within 50 

feet of your site, you are not required to comply with the 
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February 15, 2012

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requirements in this Part. This includes situations where you have 

implemented control measures, such as a berm or other barrier, that 

will prevent such discharges.

ii. Where no natural buffer exists due to preexisting development 

disturbances (e.g., structures, impervious surfaces) that occurred 

prior to the initiation of planning for the current development of the 

site, you are not required to comply with the requirements in this 

Part, unless you will remove portions of the preexisting development.

Where some natural buffer exists but portions of the area within 50 

feet of the surface water are occupied by preexisting development 

disturbances, you are required to comply with the requirements in 

this Part. For the purposes of calculating the sediment load 

reduction for either Part 2.1.2.1a.ii or 2.1.2.1a.iii above, you are not 

expected to compensate for the reduction in buffer function from 

the area covered by these preexisting disturbances. See Appendix 

G for further information on how to comply with the compliance 

alternatives in Part 2.1.2.1a.ii or 2.1.2.1a.iii above.

If during your project, you will disturb any portion of these preexisting 

disturbances, the area disturbed will be deducted from the area 

treated as natural buffer. 

iii. For “linear construction projects” (see Appendix A), you are not 

required to comply with the requirements in this Part if site 

constraints (e.g., limited right-of-way) prevent you from meeting any 

of the compliance alternatives in Part 2.1.2.1a, provided that, to the 

extent practicable, you limit disturbances within 50 feet of the

surface water and/or you provide supplemental erosion and 

sediment controls to treat stormwater discharges from earth 

disturbances within 50 feet of the surface water. You must also 

document in your SWPPP your rationale as to why it is infeasible for 

you to comply with the requirements in Part 2.1.2.1a, and describe 

any buffer width retained and/or supplemental erosion and 

sediment controls installed. 

iv. For “small residential lot” construction (i.e., a lot being developed 

for residential purposes that will disturb less than 1 acre of land, but is 

part of a larger residential project that will ultimately disturb greater 

than or equal to 1 acre), you have the option of complying with the 

requirements in Appendix G (Part G.2.3).

v. The following disturbances within 50 feet of a surface water are 

exempt from the requirements in this Part:

 Construction approved under a CWA Section 404 permit; or

 Construction of a water-dependent structure or water 

access area (e.g., pier, boat ramp, trail). 

You must document in your SWPPP if any of the above disturbances 

will occur within the buffer area on your site. 

2.1.2.2 Install Perimeter Controls. 
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February 15, 2012

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a. Installation Requirements: You must install sediment controls along those 

perimeter areas of your site that will receive stormwater from earthdisturbing activities.

4 

For linear projects with rights-of-way that restrict or prevent the use of 

such perimeter controls, you must maximize the use of these controls 

where practicable and document in your SWPPP why it is impracticable 

in other areas of the project. 

b. Maintenance Requirements: You must remove sediment before it has 

accumulated to one-half of the above-ground height of any perimeter 

control. 

2.1.2.3 Minimize Sediment Track-Out. You must minimize the track-out of sediment 

onto off-site streets, other paved areas, and sidewalks from vehicles exiting 

your construction site. To comply with this requirement, you must:

a. Restrict vehicle use to properly designated exit points;

b. Use appropriate stabilization techniques5 at all points that exit onto 

paved roads so that sediment removal occurs prior to vehicle exit; 

c. Where necessary, use additional controls6 to remove sediment from 

vehicle tires prior to exit; and

d. Where sediment has been tracked-out from your site onto the surface of 

off-site streets, other paved areas, and sidewalks, you must remove the 

deposited sediment by the end of the same work day in which the trackout occurs or by the end of the next work day if track-out occurs on a 

non-work day. You must remove the track-out by sweeping, shoveling, or 

vacuuming these surfaces, or by using other similarly effective means of 

sediment removal. You are prohibited from hosing or sweeping trackedout sediment into any stormwater conveyance (unless it is connected to 

a sediment basin, sediment trap, or similarly effective control), storm 

drain inlet, or surface water.

Note: EPA recognizes that some fine grains may remain visible on the 

surfaces of off-site streets, other paved areas, and sidewalks even 

after you have implemented sediment removal practices. Such 

“staining” is not a violation of Part 2.1.2.3. 

2.1.2.4 Control Discharges from Stockpiled Sediment or Soil. For any stockpiles or land 

clearing debris composed, in whole or in part, of sediment or soil, you must

comply with the following requirements:

Note: For the purposes of this permit, sediment or soil stockpiles are defined as the 

storage for multiple days of soil or other sediment material to be used in the 

construction project.

 

4 Examples of perimeter controls include, but are not limited to, filter berms, silt fences, and temporary 

diversion dikes.

5 Examples of appropriate stabilization techniques include the use of aggregate stone with an underlying 

geotextile or non-woven filter fabric, or turf mats.

6

 Examples of additional controls to remove sediment from vehicle tires include, but are not limited to, 

wheel washing, rumble strips, and rattle plates.
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a. Locate the piles outside of any natural buffers established under Part 

2.1.2.1a and physically separated from other stormwater controls 

implemented in accordance with Part 2.1;

b. Protect from contact with stormwater (including run-on) using a 

temporary perimeter sediment barrier;7

c. Where practicable, provide cover or appropriate temporary stabilization 

to avoid direct contact with precipitation or to minimize sediment 

discharge;

d. Do not hose down or sweep soil or sediment accumulated on pavement 

or other impervious surfaces into any stormwater conveyance (unless 

connected to a sediment basin, sediment trap, or similarly effective 

control), storm drain inlet, or surface water; and

e. Unless infeasible, contain and securely protect from wind.

2.1.2.5 Minimize Dust. In order to avoid pollutants from being discharged into surface 

waters, to the extent feasible, you must minimize the generation of dust 

through the appropriate application of water or other dust suppression 

techniques.

2.1.2.6 Minimize the Disturbance of Steep Slopes. You must minimize the disturbance 

of “steep slopes” (see definition in Appendix A). 

Note: The permit does not prevent or prohibit disturbance on steep slopes. For 

some projects, disturbance on steep slopes may be necessary for construction 

(e.g., a road cut in mountainous terrain). If a disturbance to steep slopes is required 

for the project, EPA would recognize that it is not economically achievable to

avoid the disturbance to steep slopes. However, in cases where steep slope 

disturbances are required, minimizing the disturbances to steep slopes consistent 

with this requirement can be accomplished through the implementation of a 

number of standard erosion and sediment control practices, such as by phasing 

disturbances to these areas and using stabilization practices designed to be used 

on steep grades.

2.1.2.7 Preserve Topsoil. You must preserve native topsoil on your site, unless 

infeasible. 

Note: Some projects may be designed to be highly impervious after construction, 

and therefore little or no vegetation is intended to remain. In these cases, 

preserving topsoil at the site would not be feasible. Some sites may not 

have space to stockpile topsoil on site for later use, in which case, it may 

also not be feasible to preserve topsoil. 

Note: Stockpiling of topsoil at off-site locations, or transfer of topsoil to other 

locations, is an example of a practice that is consistent with the 

requirements in this Part.

2.1.2.8 Minimize Soil Compaction. In areas of your site where final vegetative 

stabilization will occur or where infiltration practices will be installed, you must 

either:

a. Restrict vehicle / equipment use. Restrict vehicle and equipment use in 

these locations to avoid soil compaction; or

 

7

 Examples include berms, dikes, fiber rolls, silt fences, sandbag, gravel bags, or straw bale.
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b. Use soil conditioning techniques. Prior to seeding or planting areas of 

exposed soil that have been compacted, use techniques that condition 

the soils to support vegetative growth, if necessary and feasible. 

2.1.2.9 Protect Storm Drain Inlets. If you discharge to any storm drain inlet that carries 

stormwater flow from your site directly to a surface water (and it is not first 

directed to a sediment basin, sediment trap, or similarly effective control), and 

you have authority to access the storm drain inlet, you must:

a. Installation Requirements. Install inlet protection measures8 that remove 

sediment from your discharge prior to entry into the storm drain inlet. 

Note: Inlet protection measures can be removed in the event of flood 

conditions or to prevent erosion.

b. Maintenance Requirements. Clean, or remove and replace, the 

protection measures as sediment accumulates, the filter becomes 

clogged, and/or performance is compromised. Where there is evidence 

of sediment accumulation adjacent to the inlet protection measure, you 

must remove the deposited sediment by the end of the same work day 

in which it is found or by the end of the following work day if removal by 

the same work day is not feasible.

2.1.3. Requirements Applicable Only to Sites Using These Specific Stormwater Controls.

You are required to comply with the following requirements if you will install any of the 

following stormwater controls at your site:

2.1.3.1 Constructed Stormwater Conveyance Channels. Design stormwater 

conveyance channels to avoid unstabilized areas on the site and to reduce 

erosion, unless infeasible. Minimize erosion of channels and their

embankments, outlets, adjacent streambanks, slopes, and downstream waters 

during discharge conditions through the use of erosion controls and velocity 

dissipation devices9 within and along the length of any constructed stormwater 

conveyance channel, and at any outlet to provide a non-erosive flow velocity.

2.1.3.2 Sediment Basins. If you install a sediment basin , you must comply with the 

following:

a. Design requirements. 

i. Provide storage for either (1) the calculated volume of runoff from a 

2-year, 24-hour storm (see Appendix H), or (2) 3,600 cubic feet per 

acre drained;

ii. When discharging from the sediment basin, utilize outlet structures 

that withdraw water from the surface in order to minimize the 

discharge of pollutants, unless infeasible;

Note: EPA believes that the circumstances in which it is infeasible to 

design outlet structures in this manner are rare. Exceptions may 

include areas with extended cold weather, where surface 

outlets may not be feasible during certain time periods 

 

8

 Examples of inlet protection measures include fabric filters, sandbags, concrete blocks, and gravel 

barriers. 

9

 Examples of velocity dissipation devices include check dams, sediment traps, riprap, or grouted riprap at 

outlets.
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(although it is expected that they would be used during other 

periods). If you have determined that it is infeasible to meet this 

requirement, you must provide documentation in your SWPPP to 

support your determination.

iii. Prevent erosion of (1) the sediment basin using stabilization controls 

(e.g., erosion control blankets), and (2) the inlet and outlet using 

erosion controls and velocity dissipation devices; and

iv. Sediment basins must be situated outside of surface waters and any 

natural buffers established under Part 2.1.2.1a, and must be 

designed to avoid collecting water from wetlands.

b. Maintenance requirements. Keep in effective operating condition and 

remove accumulated sediment to maintain at least 1⁄2 of the design 

capacity of the sediment basin at all times.

2.1.3.3 Use of Treatment Chemicals. If you are using polymers, flocculants, or other

treatment chemicals at your site, you must comply with the following minimum 

requirements:

a. Use conventional erosion and sediment controls prior to and after the 

application of treatment chemicals. Use conventional erosion and 

sediment controls prior to chemical addition to ensure effective 

treatment. Chemicals may only be applied where treated stormwater is 

directed to a sediment control (e.g., sediment basin, perimeter control)

prior to discharge.

b. Select appropriate treatment chemicals. Chemicals must be selected 

that are appropriately suited to the types of soils likely to be exposed 

during construction and discharged to locations where chemicals will be 

applied, and to the expected turbidity, pH, and flow rate of stormwater 

flowing into the chemical treatment system or area. 

c. Minimize discharge risk from stored chemicals. Store all treatment 

chemicals in leak-proof containers that are kept under storm-resistant 

cover and surrounded by secondary containment structures (e.g., spill 

berms, decks, spill containment pallets), or provide equivalent measures,

designed and maintained to minimize the potential discharge of 

treatment chemicals in stormwater or by any other means (e.g., storing 

chemicals in covered area or having a spill kit available on site).

d. Comply with state/local requirements. Comply with relevant state and 

local requirements affecting the use of treatment chemicals.

e. Use chemicals in accordance with good engineering practices and 

specifications of the chemical provider/supplier. You must also use 

treatment chemicals and chemical treatment systems in accordance 

with good engineering practices, and with dosing specifications and 

sediment removal design specifications provided by the 

provider/supplier of the applicable chemicals, or document specific 

departures from these practices or specifications and how they reflect 

good engineering practice.

f. Ensure proper training. Ensure that all persons who handle and use 

treatment chemicals at the construction site are provided with 

appropriate, product-specific training. Among other things, the training 

must cover proper dosing requirements.
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g. Comply with additional requirements for the approved use of cationic 

chemicals. If you have been authorized to use cationic chemicals at 

your site pursuant to Part 1.2.4, and the authorization is conditioned on 

your compliance with additional requirements necessary to ensure that 

the use of such chemicals will not cause an exceedance of water quality 

standards, you are required to comply with all such requirements. 

h. Provide proper SWPPP documentation. You must include documentation 

in your SWPPP consistent with Parts 7.2.6.9 and 7.2.10.2 on the specific 

chemicals and chemical treatment systems you will use, and how you will 

comply with the requirements in this Part. 

2.1.3.4 Dewatering Practices. You are prohibited from discharging ground water or 

accumulated stormwater that is removed from excavations, trenches, 

foundations, vaults, or other similar points of accumulation, unless such waters 

are first effectively managed by appropriate controls.

10 Uncontaminated, nonturbid dewatering water can be discharged without being routed to a control. 

You must also meet the following requirements for dewatering activities:

a. Discharge requirements.

i. Do not discharge visible floating solids or foam;

ii. Use an oil-water separator or suitable filtration device (such as a 

cartridge filter) that is designed to remove oil, grease, or other 

products if dewatering water is found to contain these materials;

iii. To the extent feasible, utilize vegetated, upland areas of the site to 

infiltrate dewatering water before discharge. In no case will surface 

waters be considered part of the treatment area;

iv. At all points where dewatering water is discharged, comply with the 

velocity dissipation requirements of Part 2.1.3.1;

v. With backwash water, either haul it away for disposal or return it to 

the beginning of the treatment process; and

vi. Replace and clean the filter media used in dewatering devices 

when the pressure differential equals or exceeds the manufacturer’s 

specifications.

b. Treatment chemical restrictions. If you are using polymers, flocculants, or 

other treatment chemicals to treat dewatering water, you must comply 

with the requirements in Parts 2.1.3.3.

2.2. STABILIZATION REQUIREMENTS.

You are required to stabilize exposed portions of your site in accordance with the 

requirements of this Part. 

Note: For the purposes of this permit, “exposed portions of your site” means areas of exposed 

soil that are required to be stabilized. Note that EPA does not expect that temporary or 

permanent stabilization measures to be applied to areas that are intended to be left 

unvegetated or unstabilized following construction (e.g., dirt access roads, utility pole 

pads, areas being used for storage of vehicles, equipment, or materials).

 

10 Examples of appropriate controls include, but are not limited to, sediment basins or sediment traps, 

sediment socks, dewatering tanks, tube settlers, weir tanks, or filtration systems (e.g., bag or sand filters) that 

are designed to remove sediment. 
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2.2.1. Deadlines for Initiating and Completing Stabilization.

2.2.1.1 Deadline to Initiate Stabilization. You must initiate soil stabilization measures 

immediately whenever earth-disturbing activities have permanently or 

temporarily ceased on any portion of the site.

Note: Earth-disturbing activities have permanently ceased when clearing and 

excavation within any area of your construction site that will not include 

permanent structures has been completed.

Note: Earth-disturbing activities have temporarily ceased when clearing, grading, 

and excavation within any area of the site that will not include permanent 

structures will not resume (i.e., the land will be idle) for a period of 14 or more 

calendar days, but such activities will resume in the future. 

The 14 calendar day timeframe above begins counting as soon as you 

know that construction work on a portion of your site will be temporarily 

ceased. In circumstances where you experience unplanned or 

unanticipated delays in construction due to circumstances beyond your 

control (e.g., sudden work stoppage due to unanticipated problems 

associated with construction labor, funding, or other issues related to the 

ability to work on the site; weather conditions rendering the site unsuitable 

for the continuation of construction work) and you do not know at first how 

long the work stoppage will continue, your requirement to immediately 

initiate stabilization is triggered as soon as you know with reasonable 

certainty that work will be stopped for 14 or more additional calendar days.

At that point, you must comply with Parts 2.2.1.1 and 2.2.1.2.

Note: For the purposes of this permit, EPA will consider any of the following types of 

activities to constitute the initiation of stabilization:

1. prepping the soil for vegetative or non-vegetative stabilization;

2. applying mulch or other non-vegetative product to the exposed area; 

3. seeding or planting the exposed area; 

4. starting any of the activities in # 1 – 3 on a portion of the area to be 

stabilized, but not on the entire area; and

5. finalizing arrangements to have stabilization product fully installed in 

compliance with the applicable deadline for completing stabilization in 

Parts 2.2.1.2 and 2.2.1.3. 

This list of examples is not exhaustive.

Note: The term “immediately” is used to define the deadline for initiating

stabilization measures. In the context of this provision, “immediately” means 

as soon as practicable, but no later than the end of the next work day, 

following the day when the earth-disturbing activities have temporarily or 

permanently ceased.

2.2.1.2 Deadline to Complete Stabilization Activities. As soon as practicable, but no 

later than 14 calendar days after the initiation of soil stabilization measures 

consistent with Part 2.2.1.111, you are required to have completed:

a. For vegetative stabilization, all activities12 necessary to initially seed or 

plant the area to be stabilized; and/or

 

11 EPA may determine, based on an inspection carried out under Part 4.2 and corrective actions required 

under Part 5.3, that the level of sediment discharge on the site makes it necessary to require a faster 

schedule for completing stabilization. For instance, if sediment discharges from an area of exposed soil 

that is required to be stabilized are compromising the performance of existing stormwater controls, EPA 

may require stabilization to correct this problem.
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b. For non-vegetative stabilization, the installation or application of all such 

non-vegetative measures.

2.2.1.3 Exceptions to the Deadlines for Initiating and Completing Stabilization. 

a. Deadlines for projects occurring in arid or semi-arid areas, or droughtstricken areas. These requirements apply if (1) your site is located in an 

arid area, a semi-arid area, or a drought-stricken area, as these terms are 

defined in Appendix A, (2) construction will occur during the seasonally 

dry period or during a period in which drought is predicted to occur, and 

(3) you are using vegetative cover for temporary or permanent 

stabilization. You may also comply with the deadlines in Part 2.2.1.1

instead. The deadlines for these types of projects are as follows:

i. Immediately initiate, and within 14 calendar days of a temporary or

permanent cessation of work in any portion of your site complete, 

the installation of temporary non-vegetative stabilization measures 

to the extent necessary to prevent erosion; 

ii. As soon as practicable, given conditions or circumstances on your 

site, complete all activities necessary to initially seed or plant the 

area to be stabilized; and 

iii. If construction is occurring during the seasonally dry period, indicate 

in your SWPPP the beginning and ending dates of the seasonally dry 

period and your site conditions. You must also include the schedule 

you will follow for initiating and completing vegetative stabilization.

b. Deadlines for projects that are affected by circumstances beyond the 

control of the permittee that delay the initiation and/or completion of 

vegetative stabilization as required in Parts 2.2.1.1 and/or 2.2.1.2. If you 

are unable to meet the deadlines in Parts 2.2.1.1and/or 2.2.1.2 due to 

circumstances beyond your control13, and you are using vegetative 

cover for temporary or permanent stabilization, you may comply with the 

following stabilization deadlines instead: 

i. Immediately initiate, and within 14 calendar days complete, the 

installation of temporary non-vegetative stabilization measures to 

prevent erosion; 

ii. Complete all soil conditioning, seeding, watering or irrigation 

installation, mulching, and other required activities related to the 

planting and initial establishment of vegetation as soon as 

conditions or circumstances allow it on your site; and

Note: You are required to have stabilized the exposed portions of your 

site consistent with Part 2.2.2 prior to terminating permit 

coverage under Part 8.2.

 

12

 For example, such activities might include, but are not limited to, soil conditioning, application of seed or 

sod, planting of seedlings or other vegetation, application of fertilizer, and, as deemed appropriate, 

watering.

13 Examples include problems with the supply of seed stock or with the availability of specialized 

equipment, unsuitability of soil conditions due to excessive precipitation and/or flooding.
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iii. Document the circumstances that prevent you from meeting the 

deadlines required in Parts 2.2.1.1and/or 2.2.1.2 and the schedule 

you will follow for initiating and completing stabilization.

c. Deadlines for sites discharging to sensitive waters. For any portion of the

site that discharges to a sediment or nutrient-impaired water (see Part 

3.2) or to a water that is identified by your state, tribe, or EPA as Tier 2, Tier 

2.5, or Tier 3 for antidegradation purposes (see Part 3.3), you are required 

to complete the stabilization activities specified in Parts 2.2.1.2a and/or 

2.2.1.2b within 7 calendar days after the temporary or permanent 

cessation of earth-disturbing activities.

Note: If you qualify for the deadlines for initiating and completing stabilization 

in Part 2.2.1.3a or b, you may comply with the stabilization deadlines in 

Part 2.2.1.3a or b for any portion of your site that discharges to a 

sensitive water. 

2.2.2. Criteria for Stabilization.

To be considered adequately stabilized, you must meet the criteria below depending on 

the type of cover you are using, either vegetative or non-vegetative.

2.2.2.1 Vegetative Stabilization. 

a. For all sites, except those located in arid or semi-arid areas or on 

agricultural lands. 

i. If you are vegetatively stabilizing any exposed portion of your site

through the use of seed or planted vegetation, you must provide 

established uniform vegetation (e.g., evenly distributed without 

large bare areas), which provides 70 percent or more of the density 

of coverage that was provided by vegetation prior to commencing 

earth-disturbing activities. You should avoid the use of invasive 

species;

ii. For final stabilization, vegetative cover must be perennial; and

iii. Immediately after seeding or planting the area to be vegetatively 

stabilized, to the extent necessary to prevent erosion on the seeded 

or planted area, you must select, design, and install non-vegetative 

erosion controls that provide cover (e.g., mulch, rolled erosion 

control products) to the area while vegetation is becoming 

established.

b. For sites located in arid or semi-arid areas, or drought-stricken areas. If 

you are located in an arid or semi-arid area, or a drought-stricken area, 

as these terms are defined in Appendix A, you are considered to have 

completed final stabilization if both of the following criteria are met:

i. The area you have seeded or planted must within 3 years provide 

established vegetation that covers 70 percent or more of the 

density of vegetation prior to commencing earth-disturbing 

activities; and

ii. In addition to seeding or planting the area to be vegetatively 

stabilized, to the extent necessary to prevent erosion on the seeded 

or planted area, you must select, design, and install non-vegetative 

erosion controls that provide cover for at least 3 years without 

active maintenance by you.
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c. For sites located on land used for agriculture. Disturbed areas on land 

used for agricultural purposes (e.g., pipelines across crop or range land, 

staging areas for highway construction) that are restored to their preconstruction agricultural use are not subject to these final stabilization 

criteria. Areas disturbed that were not previously used for agricultural 

activities, and areas that are not being returned to preconstruction 

agricultural use, must meet the conditions for stabilization in this Part.

2.2.2.2 Non-Vegetative Stabilization. If you are using non-vegetative controls to 

stabilize exposed portions of your site, or if you are using such controls to 

temporarily protect areas that are being vegetatively stabilized, you must 

provide effective non-vegetative cover14 to stabilize any such exposed 

portions of your site. 

2.3. POLLUTION PREVENTION REQUIREMENTS.

You are required to design, install, and maintain effective pollution prevention measures 

in order to prevent the discharge of pollutants. Consistent with this requirement, you 

must:

 Eliminate certain pollutant discharges from your site (see Part 2.3.1); 

 Properly maintain all pollution prevention controls (see Part 2.3.2); and

 Comply with pollution prevention standards for pollutant-generating activities 

that occur at your site (see Part 2.3.3).

These requirements apply to all areas of your construction site and any and all support 

activities covered by this permit consistent with Part 1.3.c.

2.3.1. Prohibited Discharges.

You are prohibited from discharging the following from your construction site:

2.3.1.1 Wastewater from washout of concrete, unless managed by an appropriate 

control as described in Part 2.3.3.4;

2.3.1.2 Wastewater from washout and cleanout of stucco, paint, form release oils, 

curing compounds and other construction materials, unless managed by an 

appropriate control as described in Part 2.3.3.4;

2.3.1.3 Fuels, oils, or other pollutants used in vehicle and equipment operation and 

maintenance;

2.3.1.4 Soaps, solvents, or detergents used in vehicle and equipment washing; and

2.3.1.5 Toxic or hazardous substances from a spill or other release.

2.3.2. General Maintenance Requirements. 

You must ensure that all pollution prevention controls installed in accordance with this 

Part remain in effective operating condition and are protected from activities that would 

reduce their effectiveness. You must inspect all pollutant-generating activities and 

pollution prevention controls in accordance with your inspection frequency requirements 

in Parts 4.1.2 or 3.2.2.1 to avoid situations that may result in leaks, spills, and other releases 

of pollutants in stormwater discharges to receiving waters, and must document your 

 

14 For temporary stabilization, examples of temporary non-vegetative stabilization methods include, but are 

not limited to, hydromulch and erosion control blankets. For final stabilization, examples of permanent nonvegetative stabilization methods include, but are not limited to, riprap, gabions, and geotextiles. 
Construction General Permit (CGP)

February 15, 2012

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findings in accordance with Part 4.1.7. If you find that controls need to be replaced, 

repaired, or maintained, you must make the necessary repairs or modifications in 

accordance with the following:

2.3.2.1 Initiate work to fix the problem immediately after discovering the problem, and 

complete such work by the close of the next work day, if the problem does not 

require significant repair or replacement, or if the problem can be corrected 

through routine maintenance.

2.3.2.2 When installation of a new pollution prevention control or a significant repair is 

needed, you must install the new or modified control and make it operational, 

or complete the repair, by no later than 7 calendar days from the time of 

discovery. If it is infeasible to complete the installation or repair within 7 

calendar days, you must document in your records why it is infeasible to 

complete the installation or repair within the 7 calendar day timeframe and 

document your schedule for installing the stormwater control(s) and making it 

operational as soon as practicable after the 7 calendar day timeframe.

Where these actions result in changes to any of the pollution prevention

controls or procedures documented in your SWPPP, you must modify your 

SWPPP accordingly within 7 calendar days of completing this work.

2.3.3. Pollution Prevention Standards.

You are required to comply with the pollution prevention standards in this Part if you 

conduct any of the following activities at your site or at any construction support activity 

areas covered by this permit (see Part 1.3.c):

 Fueling and maintenance of equipment or vehicles;

 Washing of equipment and vehicles;

 Storage, handling, and disposal of construction materials, products, and wastes;

and

 Washing of applicators and containers used for paint, concrete, or other 

materials.

The pollution prevention standards are as follows:

2.3.3.1 Fueling and Maintenance of Equipment or Vehicles. If you conduct fueling

and/or maintenance of equipment or vehicles at your site, you must provide 

an effective means of eliminating the discharge of spilled or leaked chemicals,

including fuel, from the area where these activities will take place.

15

To comply with the prohibition in Part 2.3.1.3, you must:

a. If applicable, comply with the Spill Prevention Control and 

Countermeasures (SPCC) requirements in 40 CFR 112 and Section 311 of 

the CWA;

b. Ensure adequate supplies are available at all times to handle spills, leaks, 

and disposal of used liquids;

c. Use drip pans and absorbents under or around leaky vehicles;

 

15 Examples of effective controls include, but are not limited to, locating activities away from surface waters 

and stormwater inlets or conveyances, providing secondary containment (e.g., spill berms, decks, spill 

containment pallets)and cover where appropriate, and/or having spill kits readily available. 
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February 15, 2012

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d. Dispose of or recycle oil and oily wastes in accordance with other 

federal, state, tribal, or local requirements; 

e. Clean up spills or contaminated surfaces immediately, using dry clean up 

measures where possible, and eliminate the source of the spill to prevent 

a discharge or a furtherance of an ongoing discharge; and

f. Do not clean surfaces by hosing the area down.

2.3.3.2 Washing of Equipment and Vehicles. 

a. You must provide an effective means of minimizing the discharge of 

pollutants from equipment and vehicle washing, wheel wash water, and 

other types of washing;

16 and

b. To comply with the prohibition in Part 2.3.1.4, for storage of soaps, 

detergents, or solvents, you must provide either (1) cover (e.g., plastic 

sheeting or temporary roofs) to prevent these detergents from coming 

into contact with rainwater, or (2) a similarly effective means designed to 

prevent the discharge of pollutants from these areas. 

2.3.3.3 Storage, Handling, and Disposal of Construction Products, Materials, and 

Wastes. You must minimize the exposure to stormwater of any of the products, 

materials, or wastes specified below that are present at your site by complying 

with the requirements in this Part.

Note: These requirements do not apply to those products, materials, or wastes that 

are not a source of stormwater contamination or that are designed to be 

exposed to stormwater.

To ensure you meet this requirement, you must:

a. For building products17: In storage areas, provide either (1) cover (e.g., 

plastic sheeting or temporary roofs) to prevent these products from 

coming into contact with rainwater, or (2) a similarly effective means 

designed to prevent the discharge of pollutants from these areas.

b. For pesticides, herbicides, insecticides, fertilizers, and landscape 

materials: 

i. In storage areas, provide either (1) cover (e.g., plastic sheeting or 

temporary roofs) to prevent these chemicals from coming into 

contact with rainwater, or (2) a similarly effective means designed 

to prevent the discharge of pollutants from these areas; and 

ii. Comply with all application and disposal requirements included on 

the registered pesticide, herbicide, insecticide, and fertilizer label. 

c. For diesel fuel, oil, hydraulic fluids, other petroleum products, and other 

chemicals:

 

16

 Examples of effective controls include, but are not limited to, locating activities away from surface 

waters and stormwater inlets or conveyances and directing wash waters to a sediment basin or sediment 

trap, using filtration devices, such as filter bags or sand filters, or using other similarly effective controls.

17

 Some examples of building products that are typically stored at construction sites include, but are not 

limited to, asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures.
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February 15, 2012

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i. To comply with the prohibition in Part 2.3.1.3, store chemicals in 

water-tight containers, and provide either (1) cover (e.g., plastic 

sheeting or temporary roofs) to prevent these containers from 

coming into contact with rainwater, or (2) a similarly effective 

means designed to prevent the discharge of pollutants from these 

areas (e.g., spill kits), or provide secondary containment (e.g., spill 

berms, decks, spill containment pallets); and

ii. Clean up spills immediately, using dry clean-up methods where 

possible, and dispose of used materials properly. Do not clean 

surfaces or spills by hosing the area down. Eliminate the source of 

the spill to prevent a discharge or a continuation of an ongoing 

discharge.

d. For hazardous or toxic waste18:

i. Separate hazardous or toxic waste from construction and domestic 

waste; 

ii. Store waste in sealed containers, which are constructed of suitable 

materials to prevent leakage and corrosion, and which are labeled 

in accordance with applicable Resource Conservation and 

Recovery Act (RCRA) requirements and all other applicable federal,

state, tribal, or local requirements;

iii. Store all containers that will be stored outside within appropriatelysized secondary containment (e.g., spill berms, decks, spill 

containment pallets) to prevent spills from being discharged, or 

provide a similarly effective means designed to prevent the 

discharge of pollutants from these areas (e.g., storing chemicals in 

covered area or having a spill kit available on site);

iv. Dispose of hazardous or toxic waste in accordance with the 

manufacturer’s recommended method of disposal and in 

compliance with federal, state, tribal, and local requirements; and

v. Clean up spills immediately, using dry clean-up methods where 

possible, and dispose of used materials properly. Do not clean 

surfaces or spills by hosing the area down. Eliminate the source of 

the spill to prevent a discharge or a furtherance of an ongoing 

discharge.

e. For construction and domestic waste19: Provide waste containers (e.g., 

dumpster or trash receptacle) of sufficient size and number to contain 

construction and domestic wastes. In addition, you must:

(1) On work days, clean up and dispose of waste in designated 

waste containers; and

(2) Clean up immediately if containers overflow.

 

18 Examples of hazardous or toxic waste that may be present at construction sites include, but are not 

limited to, paints, solvents, petroleum-based products, wood preservatives, additives, curing compounds, 

acids.

19 Examples of construction and domestic waste include, but are not limited to, packaging materials, scrap 

construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, 

concrete, and other trash or building materials.
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f. For sanitary waste: Position portable toilets so that they are secure and 

will not be tipped or knocked over.

2.3.3.4 Washing of Applicators and Containers used for Paint, Concrete, or Other 

Materials. To comply with the prohibition in Parts 2.3.1.1 and 2.3.1.2, you must 

provide an effective means of eliminating the discharge of water from the 

washout and cleanout of stucco, paint, concrete, form release oils, curing 

compounds, and other construction materials. To comply with this 

requirement, you must:

a. Direct all washwater into a leak-proof container or leak-proof pit. The 

container or pit must be designed so that no overflows can occur due to 

inadequate sizing or precipitation;

b. Handle washout or cleanout wastes as follows: 

i. Do not dump liquid wastes in storm sewers;

ii. Dispose of liquid wastes in accordance with applicable 

requirements in Part 2.3.3.3; and

iii. Remove and dispose of hardened concrete waste consistent with 

your handling of other construction wastes in Part 2.3.3.3; and

c. Locate any washout or cleanout activities as far away as possible from 

surface waters and stormwater inlets or conveyances, and, to the extent 

practicable, designate areas to be used for these activities and conduct 

such activities only in these areas.

2.3.4. Emergency Spill Notification.

You are prohibited from discharging toxic or hazardous substances from a spill or other 

release, consistent with Part 2.3.1.5. Where a leak, spill, or other release containing a 

hazardous substance or oil in an amount equal to or in excess of a reportable quantity 

established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs 

during a 24-hour period, you must notify the National Response Center (NRC) at (800) 

424-8802 or, in the Washington, DC metropolitan area, call (202) 267-2675 in accordance

with the requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302 as soon as 

you have knowledge of the discharge. You must also, within 7 calendar days of 

knowledge of the release, provide a description of the release, the circumstances 

leading to the release, and the date of the release. State, tribal, or local requirements 

may necessitate additional reporting of spills or discharges to local emergency response, 

public health, or drinking water supply agencies.

2.3.5. Fertilizer Discharge Restrictions.

You are required to minimize discharges of fertilizers containing nitrogen or phosphorus. 

To meet this requirement, you must comply with the following requirements:

2.3.5.1 Apply at a rate and in amounts consistent with manufacturer’s specifications, 

or document departures from the manufacturer specifications where 

appropriate in Part 7.2.7.2 of the SWPPP;

2.3.5.2 Apply at the appropriate time of year for your location, and preferably timed 

to coincide as closely as possible to the period of maximum vegetation uptake 

and growth;

2.3.5.3 Avoid applying before heavy rains that could cause excess nutrients to be 

discharged;
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2.3.5.4 Never apply to frozen ground;

2.3.5.5 Never apply to stormwater conveyance channels with flowing water; and

2.3.5.6 Follow all other federal, state, tribal, and local requirements regarding fertilizer 

application.
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February 15, 2012

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3. WATER QUALITY-BASED EFFLUENT LIMITATIONS.

3.1. GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS

Your discharge must be controlled as necessary to meet applicable water quality 

standards. You must also comply with any additional requirements that your state or 

tribe requires you to meet in Part 9.

In the absence of information demonstrating otherwise, EPA expects that compliance 

with the conditions in this permit will result in stormwater discharges being controlled as 

necessary to meet applicable water quality standards. If at any time you become 

aware, or EPA determines, that your discharge is not being controlled as necessary to 

meet applicable water quality standards, you must take corrective action as required in 

Part 5.2.1, and document the corrective actions as required in Part 5.2.2 and Part 5.4.

EPA will also impose additional water quality-based limitations on a site-specific basis, or 

require you to obtain coverage under an individual permit, if information in your NOI, or 

from other sources indicates that your discharges are not controlled as necessary to 

meet applicable water quality standards. This includes situations where additional 

controls are necessary to comply with a wasteload allocation in an EPA established or 

approved TMDL.

3.2. DISCHARGE LIMITATIONS FOR IMPAIRED WATERS

If you discharge to a surface water that is impaired for (1) sediment or a sedimentrelated parameter, such as total suspended solids (TSS) or turbidity, and/or (2) nutrients, 

including impairments for nitrogen and/or phosphorus, you are required to comply with 

the requirements in Part 3.2.2.

Note: For the purposes of this Part, “impaired waters” are waters identified as impaired on the 

appropriate CWA Section 303(d) list, or waters with an EPA-approved or established 

TMDL. Your construction site will be considered to discharge to an impaired water if the 

first surface water to which you discharge is identified by a state, tribe, or EPA pursuant 

to Section 303(d) of the CWA as not meeting an applicable water quality standard, or is 

included in an EPA-approved or established total maximum daily load (TMDL). For

discharges that enter a storm sewer system prior to discharge, the first surface water to 

which you discharge is the waterbody that receives the stormwater discharge from the 

storm sewer system.

If you discharge to an impaired water that is impaired for a parameter other than a 

sediment-related parameter or nutrients, EPA will inform you if any additional limits or 

controls are necessary for your discharge to be controlled as necessary to meet water 

quality standards, including for it to be consistent with the assumptions of any available 

wasteload allocation in any applicable TMDL, or if coverage under an individual permit is 

necessary in accordance with Part 1.4.5.

If during your coverage under a previous permit, you were required to install and 

maintain stormwater controls specifically to meet the assumptions and requirements of 

an EPA-approved or established TMDL (for any parameter) or to otherwise control your 

discharge to meet water quality standards, you must continue to implement such 

controls as part of this permit.

3.2.1. Identify If You Discharge To An Impaired Water.

If you discharge to an impaired water, you must provide the following information in your 

NOI:

 A list of all impaired waters to which you discharge;

 The pollutant(s) for which the surface water is impaired; and
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 Whether a TMDL has been approved or established for the waters to which you 

discharge.

3.2.2. Requirements for Discharges to Sediment or Nutrient-Impaired Waters.

If you discharge to a surface water that is impaired for (1) sediment or a sedimentrelated parameter (e.g., total suspended solids (TSS) or turbidity) and/or (2) nutrients

(e.g., nitrogen and/or phosphorus), including impaired waters for which a TMDL has been 

approved or established for the impairment, you are required to comply with the 

following stormwater control requirements, which supplement the requirements 

applicable to your site in other corresponding parts of the permit

3.2.2.1 Frequency of Site Inspection. You must conduct inspections at the frequency 

specified in Part 4.1.3.

3.2.2.2 Deadline to Complete Stabilization. You must comply with the deadlines for 

completing site stabilization as specified in Part 2.2.1.3c.

3.2.2.3 State and Tribal Requirements. You must comply with any additional state or 

tribal impairment-related requirements included in Part 9.

EPA will also impose additional water quality-based limitations on a site-specific basis, or 

require you to obtain coverage under an individual permit, if it is determined that the 

controls in the Part will not be sufficient to control discharges consistent with the 

assumptions and requirements of an applicable wasteload allocation of an approved or 

established TMDL or to prevent the site from contributing to the impairment. 

3.3. DISCHARGES TO WATERS IDENTIFIED AS TIER 2, TIER 2.5, OR TIER 3.

3.3.1. Identify if You Discharge to a Tier 2, Tier 2.5, or Tier 3 Water.

If you discharge to a water identified by a state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 

water, you must provide on your NOI a list of waters identified as Tier 2, Tier 2.5, or Tier 3 to 

which you discharge. See Appendix F for a list of Tier 2 and 3 waters in Idaho, 

Massachusetts, New Hampshire, and New Mexico.

Note: For the purposes of this permit, you are considered to discharge to a Tier 2, Tier 2.5, or 

Tier 3 water if the first surface water to which you discharge is identified by a state, tribe, 

or EPA as Tier 2, Tier 2.5, or Tier 3. Tiers 2, 2.5 and 3 refer to waters either identified by the 

state as high quality waters or Outstanding National Resource Waters under 40 CFR 

§131.12(a)(2) and (3). For discharges that enter a storm sewer system prior to 

discharge, the surface water to which you discharge is the first surface water that 

receives the stormwater discharge from the storm sewer system.

3.3.2. Requirements for New Projects Discharging to Tier 2, Tier 2.5, or Tier 3 Waters.

For new projects, if you will discharge to a Tier 2, Tier 2.5, or Tier 3 water, you are required 

to comply with the requirements in Parts 4.1.3 (inspection frequencies) and 2.2.1.3c

(stabilization deadlines), and, if applicable, Part 9 (relevant state or tribal requirements). 

In addition, on a case-by-case basis, EPA may notify operators of such new projects or 

operators of existing projects with increased discharges that additional analyses, 

stormwater controls, or other permit conditions are necessary to comply with the 

applicable antidegradation requirements, or notify you that an individual permit 

application is necessary in accordance with Part 1.4.5.
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4. INSPECTIONS.

4.1. SITE INSPECTIONS.

4.1.1. Person(s) Responsible for Inspecting Site.

The person(s) inspecting your site may be a person on your staff or a third party you hire 

to conduct such inspections. You are responsible for ensuring that the person who 

conducts inspections is a “qualified person.”

Note: A “qualified person” is a person knowledgeable in the principles and practice of 

erosion and sediment controls and pollution prevention, who possesses the skills to 

assess conditions at the construction site that could impact stormwater quality, and the 

skills to assess the effectiveness of any stormwater controls selected and installed to 

meet the requirements of this permit.

4.1.2. Frequency of Inspections.

At a minimum, you must conduct a site inspection in accordance with one of the two 

schedules listed below, unless you are subject to Part 4.1.3 or Part 4.1.4:

4.1.2.1 At least once every 7 calendar days; or

4.1.2.2 Once every 14 calendar days and within 24 hours of the occurrence of a storm 

event of 0.25 inches or greater. To determine if a storm event of 0.25 inches or 

greater has occurred on your site, you must either keep a properly maintained 

rain gauge on your site, or obtain the storm event information from a weather 

station that is representative of your location. For any day of rainfall during 

normal business hours that measures 0.25 inches or greater, you must record 

the total rainfall measured for that day in accordance with Part 4.1.7.1d. 

Note: Inspections are only required during the project’s normal working hours.

Note: You are required to specify in your SWPPP which schedule you will be 

following.

Note: “Within 24 hours of the occurrence of a storm event” means that you are 

required to conduct an inspection within 24 hours once a storm event has 

produced 0.25 inches, even if the storm event is still continuing. Thus, if you 

have elected to inspect bi-weekly in accordance with Part 4.1.2.2 and there 

is a storm event at your site that continues for multiple days, and each day 

of the storm produces 0.25 inches or more of rain, you are required to 

conduct an inspection within 24 hours of the first day of the storm and within 

24 hours after the end of the storm.

4.1.3. Increase in Inspection Frequency for Sites Discharging to Sensitive Waters.

For any portion of the site that discharges to a sediment or nutrient-impaired water (see 

Part 3.2) or to a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 

3 for antidegradation purposes (see Part 3.3), instead of the inspection frequency 

specified in Part 4.1.2, you must conduct inspections in accordance with the following 

inspection frequencies:

4.1.3.1 Once every 7 calendar days; and

4.1.3.2 Within 24 hours of the occurrence of a storm event of 0.25 inches or greater. To 

determine if a storm event of 0.25 inches or greater has occurred on your site, 

you must either keep a properly maintained rain gauge on your site, or obtain 

the storm event information from a weather station that is representative of 

your location. For any day of rainfall during normal business hours that 
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measures 0.25 inches or greater, you must record the total rainfall measured for 

that day in accordance with Part 4.1.7.1d.

Note: Inspections are only required during the project’s normal working hours.

Note: “Within 24 hours of the occurrence of a storm event” means that you are 

required to conduct an inspection within 24 hours once a storm event has 

produced 0.25 inches, even if the storm event is still continuing. Thus, if there 

is a storm event at your site that continues for multiple days, and each day 

of the storm produces 0.25 inches or more of rain, you are required to 

conduct an inspection within 24 hours of the first day of the storm and within 

24 hours after the end of the storm.

Note: If you qualify for any of the reduced inspection frequencies in Part 4.1.4, you 

may conduct inspections in accordance with Part 4.1.4 for any portion of 

your site that discharges to a sensitive water.

4.1.4. Reductions in Inspection Frequency.

Your inspection frequency may be reduced as follows:

4.1.4.1 For Stabilized Areas. You may reduce the frequency of inspections to once 

per month in any area of your site where the stabilization steps in Parts 2.2.1.2a

and 2.2.1.2b have been completed. If construction activity resumes in this 

portion of the site at a later date, the inspection frequency immediately 

increases to that required in Parts 4.1.2 or 4.1.3, if applicable. You must 

document the beginning and ending dates of this period in your records.

4.1.4.2 For Arid, Semi-Arid, or Drought-Stricken Areas. You may reduce the frequency 

of inspections to once per month and within 24 hours of the occurrence of a 

storm event of 0.25 inches or greater if your site is located in an arid, semi-arid, 

or drought-stricken area, as these terms are defined in Appendix A, and 

construction is occurring during the seasonally dry period or during a period in 

which drought is predicted to occur. You must document that you are using 

this reduced schedule and the beginning and ending dates of the seasonally 

dry period in your SWPPP. To determine if a storm event of 0.25 inches or 

greater has occurred on your site, you must either keep a properly maintained 

rain gauge on your site, or obtain the storm event information from a weather 

station that is representative of your location. For any day of rainfall during 

normal business hours that measures 0.25 inches or greater, you must record 

the total rainfall measured for that day in accordance with Part 4.1.7.1d.

Note: Inspections are only required during the project’s normal working hours.

Note: “Within 24 hours of the occurrence of a storm event” means that you are 

required to conduct an inspection within 24 hours once a storm event has 

produced 0.25 inches, even if the storm event is still continuing. Thus, if there 

is a storm event at your site that continues for multiple days, and each day 

of the storm produces 0.25 inches or more of rain, you are required to 

conduct an inspection within 24 hours of the first day of the storm and within 

24 hours after the end of the storm.

4.1.4.3 For Frozen Conditions. 

a. If you are suspending earth-disturbing activities due to frozen conditions, 

you may temporarily suspend inspections on your site until thawing 

conditions (see Appendix A) begin to occur if:
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i. Runoff is unlikely due to continuous frozen conditions that are likely 

to continue at your site for at least 3 months based on historic 

seasonal averages. If unexpected weather conditions (such as 

above freezing temperatures or rain on snow events) make 

discharges likely, you must immediately resume your regular 

inspection frequency as described in Parts 4.1.2 or 4.1.3, if 

applicable;

ii. Land disturbances have been suspended; and 

iii. All disturbed areas of the site have been temporarily or permanently

stabilized in accordance with Part 2.2. 

b. If you are still conducting earth-disturbing activities during frozen 

conditions, you may reduce your inspection frequency to once per 

month if:

i. Runoff is unlikely due to continuous frozen conditions that are likely 

to continue at your site for at least 3 months based on historic 

seasonal averages. If unexpected weather conditions (such as 

above freezing temperatures or rain on snow events) make 

discharges likely, you must immediately resume your regular 

inspection frequency as described in Parts 4.1.2 or 4.1.3 if 

applicable; and

ii. Except for areas in which you are actively conducting earthdisturbing activities, disturbed areas of the site have been 

temporarily or permanently stabilized in accordance with Part 2.2. 

You must document the beginning and ending dates of this period in your 

SWPPP. 

4.1.5. Areas that Need to Be Inspected. During your site inspection, you must at a minimum 

inspect the following areas of your site:

4.1.5.1 All areas that have been cleared, graded, or excavated and that have not 

yet completed stabilization consistent with Part 2.2;

4.1.5.2 All stormwater controls (including pollution prevention measures) installed at 

the site to comply with this permit;

4.1.5.3 Material, waste, borrow, or equipment storage and maintenance areas that 

are covered by this permit;

4.1.5.4 All areas where stormwater typically flows within the site, including 

drainageways designed to divert, convey, and/or treat stormwater;

4.1.5.5 All points of discharge from the site; and

4.1.5.6 All locations where stabilization measures have been implemented.

You are not required to inspect areas that, at the time of the inspection, are considered 

unsafe to your inspection personnel. 

4.1.6. Requirements for Inspections. During your site inspection, you must at a minimum:

4.1.6.1 Check whether all erosion and sediment controls and pollution prevention 

controls are installed, appear to be operational, and are working as intended 

to minimize pollutant discharges. Determine if any controls need to be 

replaced, repaired, or maintained in accordance with Parts 2.1.1.4 and 2.3.2;
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4.1.6.2 Check for the presence of conditions that could lead to spills, leaks, or other 

accumulations of pollutants on the site;

4.1.6.3 Identify any locations where new or modified stormwater controls are 

necessary to meet the requirements of Parts 2 and/or 3;

4.1.6.4 At points of discharge and, if applicable, the banks of any surface waters 

flowing within your property boundaries or immediately adjacent to your 

property, check for signs of visible erosion and sedimentation (i.e., sediment 

deposits) that have occurred and are attributable to your discharge; and

4.1.6.5 Identify any and all incidents of noncompliance observed.

4.1.6.6 If a discharge is occurring during your inspection, you are required to:

a. Identify all points of the property from which there is a discharge; 

b. Observe and document the visual quality of the discharge, and take 

note of the characteristics of the stormwater discharge, including color, 

odor, floating, settled, or suspended solids, foam, oil sheen, and other 

obvious indicators of stormwater pollutants; and

c. Document whether your stormwater controls are operating effectively, 

and describe any such controls that are clearly not operating as 

intended or are in need of maintenance. 

4.1.6.7 Based on the results of your inspection, initiate corrective action under Part 5.

4.1.7. Inspection Report.

4.1.7.1 Requirement to Complete Inspection Report. You must complete an 

inspection report within 24 hours of completing any site inspection. Each 

inspection report must include the following:

a. The inspection date;

b. Names and titles of personnel making the inspection;

c. A summary of your inspection findings, covering at a minimum the 

observations you made in accordance with Part 4.1.6;

d. If you are inspecting your site at the frequency specified in Part 4.1.2.2,

Part 4.1.3, or Part 4.1.4.2, and you conducted an inspection because of 

rainfall measuring 0.25 inches or greater, you must include the applicable 

rain gauge or weather station readings that triggered the inspection; and

e. If you have determined that it is unsafe to inspect a portion of your site, 

you must describe the reason you found it to be unsafe and specify the 

locations that this condition applied to.

4.1.7.2 Signature Requirements. Each inspection report must be signed in 

accordance with Appendix I, Part I.11 of this permit. 

4.1.7.3 Recordkeeping Requirements. You are required to keep a current, copy of all 

inspection reports at the site or at an easily accessible location, so that it can 

be made available at the time of an onsite inspection or upon request by EPA. 

For purposes of this permit, your inspection reports may be kept electronically if 

the records are:

a. In a format that can be read in a similar manner as a paper record;
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b. Legally dependable with no less evidentiary value than their paper 

equivalent; and

c. Accessible to the inspector during an inspection to the same extent as a 

paper copy stored at the site would be, if the records were stored in 

paper form.

Note: See Section IX.1.7 of the Fact Sheet for a discussion on ways to 

ensure that electronic records satisfy this requirement. See 

Appendix I, Part I.11.5 for requirements relating to electronic 

signature of these documents.

All inspection reports completed for this Part must be retained for at least 3 

years from the date that your permit coverage expires or is terminated.

4.2. INSPECTIONS BY EPA.

You must allow EPA, or an authorized representative of the EPA, to conduct the following 

activities at reasonable times:

4.2.1. Enter onto areas of your site, including any construction support activity areas covered 

by this permit (see Part 1.3.c), and onto locations where records are kept under the 

conditions of this permit;

4.2.2. Access and copy any records that must be kept under the conditions of this permit;

4.2.3. Inspect your construction site, including any construction support activity areas covered 

by this permit (see Part 1.3.c) and any stormwater controls installed and maintained at 

the site; and

4.2.4. Sample or monitor for the purpose of ensuring compliance.
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5. CORRECTIVE ACTIONS.

5.1. “CORRECTIVE ACTIONS” DEFINED.

Corrective actions are actions you take in compliance with this Part to:

 Repair, modify, or replace any stormwater control used at the site;

 Clean up and properly dispose of spills, releases, or other deposits; or

 Remedy a permit violation.

5.2. REQUIREMENTS FOR TAKING CORRECTIVE ACTION.

You must complete the following corrective actions in accordance with the deadlines 

specified in this Part. In all circumstances, you must immediately take all reasonable 

steps to minimize or prevent the discharge of pollutants until a permanent solution is 

installed and made operational, including cleaning up any contaminated surfaces so 

that the material will not discharge in subsequent storm events. 

Note: In this context, the term “immediately” requires construction operators to, on the same 

day a condition requiring corrective action is found, take all reasonable steps to 

minimize or prevent the discharge of pollutants until a permanent solution is installed and 

made operational. However, if the problem is identified at a time in the work day when it 

is too late to initiative corrective action, the initiation of corrective action must begin on 

the following work day.

5.2.1. For any of the following conditions on your site, you must install a new or modified control

and make it operational, or complete the repair, by no later than 7 calendar days from 

the time of discovery. If it is infeasible to complete the installation or repair within 7 

calendar days, you must document in your records why it is infeasible to complete the 

installation or repair within the 7 calendar day timeframe and document your schedule 

for installing the stormwater control(s) and making it operational as soon as practicable 

after the 7-day timeframe.

5.2.1.1 A required stormwater control was never installed, was installed incorrectly, or 

not in accordance with the requirements in Parts 2 and/or 3; or

5.2.1.2 You become aware that the stormwater controls you have installed and are 

maintaining are not effective enough for the discharge to meet applicable 

water quality standards or applicable requirements in Part 3.1. In this case, you 

must notify your EPA Regional Office by the end of the next work day. You are 

required to submit your notification through EPA’s electronic NOI system, or 

“eNOI”, at www.epa.gov/npdes/cgpenoi; or

5.2.1.3 One of the prohibited discharges in Part 2.3.1 is occurring or has occurred.

5.2.2. Where your corrective actions result in changes to any of the stormwater controls or 

procedures documented in your SWPPP, you must modify your SWPPP accordingly within 

7 calendar days of completing corrective action work.

5.3. CORRECTIVE ACTION REQUIRED BY EPA.

You must comply with any corrective actions required by EPA as a result of permit 

violations found during an inspection carried out under Part 4.2.

5.4. CORRECTIVE ACTION REPORT.

For each corrective action taken in accordance with this Part, you must complete a 

corrective action report, which includes the applicable information in Parts 5.4.1 and 

5.4.2. Note that these reports must be maintained in your records but do not need to be 

provided to EPA except upon request.
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5.4.1. Within 24 hours of discovering the occurrence of one of the triggering conditions in Part 

5.2.1 at your site, you must complete a report of the following:

5.4.1.1 Which condition was identified at your site;

5.4.1.2 The nature of the condition identified; and

5.4.1.3 The date and time of the condition identified and how it was identified.

5.4.2. Within 7 calendar days of discovering the occurrence of one of the triggering conditions 

in Part 5.2.1 at your site, you must complete a report of the following:

5.4.2.1 Any follow-up actions taken to review the design, installation, and 

maintenance of stormwater controls, including the dates such actions 

occurred;

5.4.2.2 A summary of stormwater control modifications taken or to be taken, including 

a schedule of activities necessary to implement changes, and the date the 

modifications are completed or expected to be completed; and

5.4.2.3 Notice of whether SWPPP modifications are required as a result of the 

condition identified or corrective action.

5.4.3. Signature Requirements. Each corrective action report must be signed and certified in 

accordance with Appendix I, Part I.11 of this permit. 

5.4.4. Recordkeeping Requirements. You are required to keep a current copy of all corrective 

action reports at the site or at an easily accessible location, so that it can be made 

available at the time of an onsite inspection or upon request by EPA. For purposes of this 

permit, your corrective action reports may be kept electronically if the records are:

5.4.4.1 In a format that can be read in a similar manner as a paper record;

5.4.4.2 Legally dependable with no less evidentiary value than their paper equivalent;

and

5.4.4.3 Accessible to the inspector during an inspection to the same extent as a paper 

copy stored at the site would be, if the records were stored in paper form.

Note: See Section IX.1.7 of the Fact Sheet for a discussion on ways to ensure that 

electronic records satisfy this requirement. See Appendix I, Part I.11.5 for 

requirements relating to electronic signature of these documents.

All corrective action reports completed for this Part must be retained for at least 3 years 

from the date that your permit coverage expires or is terminated.
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6. STAFF TRAINING REQUIREMENTS.

Prior to the commencement of earth-disturbing activities or pollutant-generating 

activities, whichever occurs first, you must ensure that the following personnel understand 

the requirements of this permit and their specific responsibilities with respect to those 

requirements:

 Personnel who are responsible for the design, installation, maintenance, and/or 

repair of stormwater controls (including pollution prevention measures);

 Personnel responsible for the application and storage of treatment chemicals (if 

applicable);

 Personnel who are responsible for conducting inspections as required in Part 4.1.1; 

and

 Personnel who are responsible for taking corrective actions as required in Part 5.

Notes: (1) If the person requiring training is a new employee, who starts after you 

commence earth-disturbing or pollutant-generating activities, you must 

ensure that this person has the proper understanding as required above prior 

to assuming particular responsibilities related to compliance with this permit. 

(2) For emergency-related construction activities, the requirement to train 

personnel prior to commencement of earth-disturbing activities does not 

apply, however, such personnel must have the required training prior to NOI

submission. 

You are responsible for ensuring that all activities on the site comply with the 

requirements of this permit. You are not required to provide or document formal training 

for subcontractors or other outside service providers, but you must ensure that such 

personnel understand any requirements of the permit that may be affected by the work 

they are subcontracted to perform. 

At a minimum, personnel must be trained to understand the following if related to the 

scope of their job duties (e.g., only personnel responsible for conducting inspections 

need to understand how to conduct inspections):

 The location of all stormwater controls on the site required by this permit, and how 

they are to be maintained;

 The proper procedures to follow with respect to the permit’s pollution prevention 

requirements; and

 When and how to conduct inspections, record applicable findings, and take 

corrective actions.
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7. STORMWATER POLLUTION PREVENTION PLAN (SWPPP).

7.1. GENERAL REQUIREMENTS.

7.1.1. Requirement to Develop a SWPPP Prior to Submitting Your NOI.

All operators associated with a construction project to be covered under this permit must 

develop a SWPPP.

Note: You have the option of developing a group SWPPP where you are one of several 

operators who will be engaged in construction activities at your site. For instance, if 

both the owner and the general contractor of the construction site are permitted, the 

owner may be the party responsible for SWPPP development, and the general 

contractor can choose to use this same SWPPP, as long as the SWPPP addresses the 

general contractor’s scope of construction work and obligations under this permit. 

You are required to develop your site’s SWPPP prior to submitting your NOI. At a 

minimum, your SWPPP must include the information required in Part 7.2 and as specified 

in other parts of the permit. 20 You must also update the SWPPP as required in Part 7.4. 

Note: If your project is an “existing project” (see Part 1.4.2.b) or if you are a new operator of 

an existing project” (see Part 1.4.2.c), and it is infeasible for you to comply with a 

specific requirement in this Part or in Parts 2.1, and 2.3.3 through 2.3.5 (except for Parts 

2.3.3.1, 2.3.3.2b, 2.3.3.3c.i, and 2.3.3.4) because (1) the provision was not part of the 

permit you were previously covered under (i.e., the 2003 or 2008 CGP), and (2) 

because you are prevented from compliance due to the nature or location of earth 

disturbances that commenced prior to February 16, 2012, or because you are unable 

to comply with the requirement due to the manner in which stormwater controls have 

already been installed or were already designed prior to February 16, 2012, you are 

required to include documentation of the reasons why it is infeasible for you to meet 

the specific requirement, and then you may be waived from complying with this 

requirement. You must include a separate justification why it is infeasible for you to 

meet each of the applicable requirements.

If you prepared a SWPPP for coverage under a previous version of this NPDES permit, you 

must review and update your SWPPP to ensure that this permit’s requirements are 

addressed prior to submitting your NOI. 

7.2. SWPPP CONTENTS.

Your SWPPP must include the following information, at a minimum.

7.2.1. Stormwater Team.

Each operator, or group of multiple operators, must assemble a “stormwater team,” 

which is responsible for overseeing the development of the SWPPP, any later 

modifications to it, and for compliance with the requirements in this permit.

The SWPPP must identify the personnel (by name or position) that are part of the 

stormwater team, as well as their individual responsibilities. Each member of the 

stormwater team must have ready access to an electronic or paper copy of applicable 

portions of this permit, the most updated copy of your SWPPP, and other relevant 

documents or information that must be kept with the SWPPP.

7.2.2. Nature of Construction Activities.

The SWPPP must describe the nature of your construction activities, including the size of 

the property (in acres) and the total area expected to be disturbed by the construction 

 

20 The SWPPP does not establish the effluent limits that apply to your site’s discharges; these limits are 

established in this permit in Parts 2 and 3. 
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activities (in acres), construction support activity areas covered by this permit (see Part 

1.3.c), and the maximum area expected to be disturbed at any one time.

7.2.3. Emergency-Related Projects.

If you are conducting earth-disturbing activities in response to a public emergency (see

Part 1.2), you must document the cause of the public emergency (e.g., natural disaster, 

extreme flooding conditions, etc.), information substantiating its occurrence (e.g., state 

disaster declaration or similar state or local declaration), and a description of the 

construction necessary to reestablish effected public services.

7.2.4. Identification of Other Site Operators.

The SWPPP must include a list of all other operators who will be engaged in construction 

activities at your site, and the areas of the site over which each operator has control.

7.2.5. Sequence and Estimated Dates of Construction Activities.

The SWPPP must include a description of the intended sequence of construction 

activities, including a schedule of the estimated start dates and the duration of the 

activity, for the following activities:

7.2.5.1 Installation of stormwater control measures, and when they will be made 

operational, including an explanation of how the sequence and schedule for 

installation of stormwater control measures complies with Part 2.1.1.3a and of 

any departures from manufacturer specifications pursuant to Part 2.1.1.3b;

7.2.5.2 Commencement and duration of earth-disturbing activities, including clearing 

and grubbing, mass grading, site preparation (i.e., excavating, cutting and 

filling), final grading, and creation of soil and vegetation stockpiles requiring 

stabilization;

7.2.5.3 Cessation, temporarily or permanently, of construction activities on the site, or 

in designated portions of the site;

7.2.5.4 Final or temporary stabilization of areas of exposed soil. The dates for 

stabilization must reflect the applicable deadlines to which you are subject in 

Part 2.2.1; and

7.2.5.5 Removal of temporary stormwater conveyances/channels and other 

stormwater control measures, removal of construction equipment and 

vehicles, and cessation of any pollutant-generating activities.

Note: If plans change due to unforeseen circumstances or for other reasons, the requirement 

to describe the sequence and estimated dates of construction activities is not meant 

to “lock in” the operator to meeting these projections. When departures from initial 

projections are necessary, this should be documented in the SWPPP itself or in 

associated records, as appropriate.

7.2.6. Site Map.

The SWPPP must include a legible site map, or series of maps, showing the following 

features of your project:

Note: Included in the project site are any construction support activities covered by this 

permit (see Part 1.3.c).

7.2.6.1 Boundaries of the property and of the locations where construction activities 

will occur, including:
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a. Locations where earth-disturbing activities will occur, noting any phasing 

of construction activities;

b. Approximate slopes before and after major grading activities. Note 

areas of steep slopes, as defined in Appendix A;

c. Locations where sediment, soil, or other construction materials will be 

stockpiled;

d. Locations of any crossings of surface waters;

e. Designated points on the site where vehicles will exit onto paved roads;

f. Locations of structures and other impervious surfaces upon completion of 

construction; and

g. Locations of construction support activity areas covered by this permit 

(see Part 1.3.c).

7.2.6.2 Locations of all surface waters, including wetlands, that exist within or in the 

immediate vicinity of the site. Indicate which waterbodies are listed as 

impaired, and which are identified by your state, tribe, or EPA as Tier 2, Tier 2.5, 

or Tier 3 waters;

7.2.6.3 The boundary lines of any natural buffers provided consistent with Part 2.1.2.1a;

7.2.6.4 Areas of federally-listed critical habitat for endangered or threatened species;

7.2.6.5 Topography of the site, existing vegetative cover (e.g., forest, pasture, 

pavement, structures), and drainage pattern(s) of stormwater and authorized 

non-stormwater flow onto, over, and from the site property before and after 

major grading activities;

7.2.6.6 Stormwater and allowable non-stormwater discharge locations, including:

a. Locations of any storm drain inlets on the site and in the immediate 

vicinity of the site; and

Note: The requirement to show storm drain inlets in the immediate vicinity of 

the site on your site map only applies to those inlets that are easily 

identifiable from your site or from a publicly accessible area 

immediately adjacent to your site.

b. Locations where stormwater or allowable non-stormwater will be

discharged to surface waters (including wetlands) on or near the site.

7.2.6.7 Locations of all potential pollutant-generating activities identified in Part 7.2.7;

7.2.6.8 Locations of stormwater control measures; and

7.2.6.9 Locations where polymers, flocculants, or other treatment chemicals will be 

used and stored.

7.2.7. Construction Site Pollutants.

The SWPPP must include the following:

7.2.7.1 A list and description of all the pollutant-generating activities21 on your site. 

 

21 Examples of pollutant-generating activities include, but are not limited to: paving operations; concrete, 

paint, and stucco washout and waste disposal; solid waste storage and disposal; and dewatering 

operations.
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7.2.7.2 For each pollutant-generating activity, an inventory of pollutants or pollutant 

constituents (e.g., sediment, fertilizers and/or pesticides, paints, solvents, fuels)

associated with that activity, which could be exposed to rainfall, or snowmelt, 

and could be discharged from your construction site. You must take into 

account where potential spills and leaks could occur that contribute pollutants 

to stormwater discharges. You must also document any departures from the 

manufacturer’s specifications for applying fertilizers containing nitrogen and 

phosphorus, as required in Part 2.3.5.1.

7.2.8. Non-Stormwater Discharges.

The SWPPP must also identify all sources of allowable non-stormwater discharges listed in 

Part 1.3.d.

7.2.9. Buffer Documentation.

If you are required to comply with Part 2.1.2.1 because a surface water is located within 

50 feet of your project’s earth disturbances, you must describe which compliance 

alternative you have selected for your site, and comply with any additional requirements 

to provide documentation in Part 2.1.2.1. 

7.2.10. Description of Stormwater Control Measures.

7.2.10.1 Stormwater Control Measures to be Used During Construction Activity. The 

SWPPP must describe all stormwater control measures that are or will be 

installed and maintained at your site to meet the requirements of Part 2. For 

each stormwater control measure, you must document:

a. Information on the type of stormwater control measure to be installed 

and maintained, including design information;

b. What specific sediment controls will be installed and made operational 

prior to conducting earth-disturbing activities in any given portion of your 

site to meet the requirement of Part 2.1.2.2a;

c. For exit points on your site, document stabilization techniques you will use 

and any additional controls that are planned to remove sediment prior 

to vehicle exit consistent with Part 2.1.2.3; and

d. For linear projects, where you have determined that the use of perimeter 

controls in portions of the site is impracticable, document why you 

believe this to be the case (see Part 2.1.2.2a).

7.2.10.2 Use of Treatment Chemicals. If you will use polymers, flocculants, or other 

treatment chemicals at your site, the SWPPP must include:

a. A listing of all soil types22 that are expected to be exposed during 

construction and that will be discharged to locations where chemicals 

will be applied. Also include a listing of soil types expected to be found 

in fill material to be used in these same areas, to the extent you have this 

information prior to construction.

b. A listing of all treatment chemicals to be used at the site, and why the 

selection of these chemicals is suited to the soil characteristics of your 

site;

 

22

 Information on soils may be obtained at http://websoilsurvey.nrcs.usda.gov/app/ . 
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c. If you have been authorized by your applicable EPA Regional Office to 

use cationic treatment chemicals, include the specific controls and 

implementation procedures designed to ensure that your use of cationic 

treatment chemicals will not lead to a violation of water quality 

standards;

d. The dosage of all treatment chemicals you will use at the site or the 

methodology you will use to determine dosage;

e. Information from any applicable Material Safety Data Sheets (MSDS);

f. Schematic drawings of any chemically-enhanced stormwater controls or 

chemical treatment systems to be used for application of the treatment 

chemicals;

g. A description of how chemicals will be stored consistent with Part

2.1.3.3b;

h. References to applicable state or local requirements affecting the use of 

treatment chemicals, and copies of applicable manufacturer’s 

specifications regarding the use of your specific treatment chemicals 

and/or chemical treatment systems; and

i. A description of the training that personnel who handle and apply 

chemicals have received prior to permit coverage, or will receive prior to 

use of the treatment chemicals at your site.

7.2.10.3 Stabilization Practices. The SWPPP must describe the specific vegetative 

and/or non-vegetative practices that will be used to comply with the 

requirements in Part 2.2, including:

a. If you will be complying with the stabilization deadlines specified in Part

2.2.1.3a, you must indicate in your SWPPP the beginning and ending 

dates of the seasonally dry period and your site conditions; and

b. If you will be complying with the stabilization deadlines specified in Part 

2.2.1.3b, you must document the circumstances that prevent you from 

meeting the deadlines specified in Parts 2.2.1.1 and/or 2.2.1.2.

7.2.11. Pollution Prevention Procedures.

7.2.11.1 Spill Prevention and Response Procedures. The SWPPP must describe 

procedures that you will follow to prevent and respond to spills and leaks

consistent with Part 2.3, including:

a. Procedures for expeditiously stopping, containing, and cleaning up spills, 

leaks, and other releases. Identify the name or position of the 

employee(s) responsible for detection and response of spills or leaks; and

b. Procedures for notification of appropriate facility personnel, emergency 

response agencies, and regulatory agencies where a leak, spill, or other 

release containing a hazardous substance or oil in an amount equal to or 

in excess of a reportable quantity consistent with Part 2.3.4 and 

established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 

302, occurs during a 24-hour period. Contact information must be in 

locations that are readily accessible and available.

You may also reference the existence of Spill Prevention Control and 

Countermeasure (SPCC) plans developed for the construction activity 

under Part 311 of the CWA, or spill control programs otherwise required 
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by an NPDES permit for the construction activity, provided that you keep 

a copy of that other plan onsite.

Note: Even if you already have an SPCC or other spill prevention plan in 

existence, your plans will only be considered adequate if they 

meet all of the requirements of this Part, either as part of your 

existing plan or supplemented as part of the SWPPP.

7.2.11.2 Waste Management Procedures. The SWPPP must describe procedures for 

how you will handle and dispose of all wastes generated at your site, including, 

but not limited to, clearing and demolition debris, sediment removed from the 

site, construction and domestic waste, hazardous or toxic waste, and sanitary 

waste.

7.2.12. Procedures for Inspection, Maintenance, and Corrective Action.

The SWPPP must describe the procedures you will follow for maintaining your stormwater 

control measures, conducting site inspections, and, where necessary, taking corrective 

actions, in accordance with Part 2.1.1.4, Part 2.3.2, Part 4, and Part 5 of the permit. The 

following information must also be included in your SWPPP:

7.2.12.1 Personnel responsible for conducting inspections;

7.2.12.2 The inspection schedule you will be following, which is based on whether your 

site is subject to Part 4.1.2 or Part 4.1.3, and whether your site qualifies for any of 

the allowances for reduced inspection frequencies in Part 4.1.4. If you will be 

conducting inspections in accordance with the inspection schedule in Part 

4.1.2.2 or Part 4.1.3, the location of the rain gauge on your site or the address of 

the weather station you will be using to obtain rainfall data;

7.2.12.3 If you will be reducing your inspection frequency in accordance with Part 

4.1.4.2, the beginning and ending dates of the seasonally-defined arid period 

for your area or the valid period of drought. If you will be reducing your 

inspection frequency in accordance with Part 4.1.4.3, the beginning and 

ending dates of frozen conditions on your site; and

7.2.12.4 Any inspection or maintenance checklists or other forms that will be used.

7.2.13. Staff Training.

The SWPPP must include documentation that the required personnel were trained in 

accordance with Part 6.

7.2.14. Documentation of Compliance with Other Federal Requirements. 

7.2.14.1 Endangered Species Act. The SWPPP must include documentation supporting 

your determination with respect to Part 1.1.e and Appendix D.

7.2.14.2 Historic Properties. The SWPPP must include documentation required by 

Appendix E in relation to potential impacts to historic properties. 

7.2.14.3 Safe Drinking Water Act Underground Injection Control (UIC) Requirements for 

Certain Subsurface Stormwater Controls. If you are using any of the following 

stormwater controls at your site, as they are described below, you must 

document any contact you have had with the applicable state agency or 

EPA Regional Office responsible for implementing the requirements for 

underground injection wells in the Safe Drinking Water Act and EPA’s 

implementing regulations at 40 CFR Parts 144 -147. Such controls would 

generally be considered Class V UIC wells:
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a. Infiltration trenches (if stormwater is directed to any bored, drilled, driven 

shaft or dug hole that is deeper than its widest surface dimension, or has 

a subsurface fluid distribution system);

b. Commercially manufactured pre-cast or pre-built proprietary subsurface 

detention vaults, chambers, or other devices designed to capture and 

infiltrate stormwater flow; and

c. Drywells, seepage pits, or improved sinkholes (if stormwater is directed to 

any bored, drilled, driven shaft or dug hole that is deeper than its widest 

surface dimension, or has a subsurface fluid distribution system).

Note: For state UIC program contacts, refer to the following EPA website: 

http://water.epa.gov/type/groundwater/uic/whereyoulive.cfm.

7.2.15. SWPPP Certification.

You must sign and date your SWPPP in accordance with Appendix I, Part I.11.

7.2.16. Post-Authorization Additions to the SWPPP.

Once you are notified of your coverage under this permit, you must include the following 

documents as part of your SWPPP:

7.2.16.1 A copy of your NOI submitted to EPA along with any correspondence 

exchanged between you and EPA related to coverage under this permit;

7.2.16.2 A copy of the acknowledgment letter you receive from the NOI Processing 

Center or eNOI system assigning your permit tracking number;

7.2.16.3 A copy of this permit (an electronic copy easily available to the stormwater 

team is also acceptable).

7.3. ON-SITE AVAILABILITY OF YOUR SWPPP.

You are required to keep a current copy of your SWPPP at the site or at an easily 

accessible location so that it can be made available at the time of an on-site inspection 

or upon request by EPA; a state, tribal, or local agency approving stormwater 

management plans; the operator of a storm sewer system receiving discharges from the 

site; or representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine 

Fisheries Service (NMFS).

EPA may provide access to portions of your SWPPP to a member of the public upon 

request. Confidential Business Information (CBI) will be withheld from the public, but may 

not be withheld from EPA, USFWS, or NMFS.

Note: Information covered by a claim of confidentiality will be disclosed by EPA only to 

the extent of, and by means of, the procedures set forth in 40 CFR Part 2, Subpart B. 

In general, submitted information protected by a business confidentiality claim may 

be disclosed to other employees, officers, or authorized representatives of the 

United States concerned with implementing the CWA. The authorized 

representatives, including employees of other executive branch agencies, may 

review CBI during the course of reviewing draft regulations.

If an onsite location is unavailable to keep the SWPPP when no personnel are present, 

notice of the plan’s location must be posted near the main entrance of your 

construction site.
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7.4. REQUIRED SWPPP MODIFICATIONS.

7.4.1. List of Conditions Requiring SWPPP Modification. 

You must modify your SWPPP, including the site map(s), in response to any of the 

following conditions:

7.4.1.1 Whenever new operators become active in construction activities on your site, 

or you make changes to your construction plans, stormwater control measures, 

pollution prevention measures, or other activities at your site that are no longer 

accurately reflected in your SWPPP. This includes changes made in response 

to corrective actions triggered under Part 5. You do not need to modify your 

SWPPP if the estimated dates in Part 7.2.5 change during the course of 

construction;

7.4.1.2 To reflect areas on your site map where operational control has been 

transferred (and the date of transfer) since initiating permit coverage;

7.4.1.3 If inspections or investigations by site staff, or by local, state, tribal, or federal 

officials determine that SWPPP modifications are necessary for compliance 

with this permit;

7.4.1.4 Where EPA determines it is necessary to impose additional requirements on 

your discharge, the following must be included in your SWPPP:

a. A copy of any correspondence describing such requirements; and

b. A description of the stormwater control measures that will be used to 

meet such requirements.

7.4.1.5 To reflect any revisions to applicable federal, state, tribal, or local requirements 

that affect the stormwater control measures implemented at the site; and

7.4.1.6 If applicable, if a change in chemical treatment systems or chemicallyenhanced stormwater control is made, including use of a different treatment 

chemical, different dosage rate, or different area of application. 

7.4.2. Deadlines for SWPPP Modifications.

You must complete required revisions to the SWPPP within 7 calendar days following the 

occurrence of any of the conditions listed in Part 7.4.1.

7.4.3. SWPPP Modification Records.

You are required to maintain records showing the dates of all SWPPP modifications. The 

records must include the name of the person authorizing each change (see Part 7.2.15

above) and a brief summary of all changes.

7.4.4. Certification Requirements. 

All modifications made to the SWPPP consistent with Part 7.4 must be authorized by a 

person identified in Appendix I, Part I.11.b.

7.4.5. Required Notice to Other Operators.

Upon determining that a modification to your SWPPP is required, if there are multiple 

operators covered under this permit, you must immediately notify any operators who 

may be impacted by the change to the SWPPP.
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8. HOW TO TERMINATE COVERAGE.

Until you terminate coverage under this permit, you are required to comply with all 

conditions and effluent limitations in the permit. To terminate permit coverage, you must 

submit to EPA a complete and accurate Notice of Termination (NOT), which certifies that 

you have met the requirements for terminating in Part 8.

8.1. MINIMUM INFORMATION REQUIRED IN NOT.

You will be required to provide the following in your NOT:

8.1.1. NPDES permit tracking number provided by EPA when you received coverage under this 

permit;

8.1.2. Basis for submission of the NOT (see Part 8.2);

8.1.3. Operator contact information;

8.1.4. Name of project and address (or a description of location if no street address is 

available); and

8.1.5. NOT certification.

8.2. CONDITIONS FOR TERMINATING PERMIT COVERAGE.

You may terminate permit coverage only if one of the following conditions occurs at 

your site:

8.2.1. You have completed all earth-disturbing activities at your site and, if applicable, 

construction support activities covered by this permit (see Part 1.3.c), and you have met 

the following requirements:

8.2.1.1 For any areas that (1) were disturbed during construction, (2) are not covered 

over by permanent structures, and (3) over which you had control during the 

construction activities, you have met the requirements for final vegetative or 

non-vegetative stabilization in Part 2.2.2;

8.2.1.2 You have removed and properly disposed of all construction materials, waste 

and waste handling devices, and have removed all equipment and vehicles 

that were used during construction, unless intended for long-term use following 

your termination of permit coverage;

8.2.1.3 You have removed all stormwater controls that were installed and maintained 

during construction, except those that are intended for long-term use following 

your termination of permit coverage or those that are biodegradable; and

8.2.1.4 You have removed all potential pollutants and pollutant-generating activities

associated with construction, unless needed for long-term use following your 

termination of permit coverage; or

8.2.2. You have transferred control of all areas of the site for which you are responsible under 

this permit to another operator, and that operator has submitted an NOI and obtained 

coverage under this permit; or

8.2.3. Coverage under an individual or alternative general NPDES permit has been obtained.

8.3. HOW TO SUBMIT YOUR NOT.

You are required to use EPA’s electronic NOI system, or “eNOI system”, to prepare and 

submit your NOT. The electronic NOT form you are required to complete is found at 

www.epa.gov/npdes/stormwater/cgpenoi. You will use your NOI tracking number (i.e., 

the EPA number you were assigned upon authorization under the permit) to upload the 
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fillable NOT form, which will ensure that EPA properly records your termination of 

coverage. If you have a problem with the use of the eNOI system, contact the EPA

Regional Office that corresponds to the location of your site. If you are given approval 

by the EPA Regional Office to use a paper NOT, you must complete the form in Appendix 

K.

8.4. DEADLINE FOR SUBMITTING NOTS.

You must submit your NOT within 30 calendar days after any one of the triggering 

conditions in Part 8.2 occur.

8.5. EFFECTIVE DATE OF TERMINATION OF COVERAGE.

Your authorization to discharge under this permit terminates at midnight of the calendar 

day that a complete NOT is processed and posted on EPA’s website 

(www.epa.gov/npdes/stormwater/cgpnoisearch).
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9. PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES, INDIAN COUNTRY LANDS, OR 

TERRITORIES

The provisions in this Part provide modifications or additions to the applicable conditions 

of this permit to reflect specific additional conditions required as part of the state or tribal 

CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA) 

certification process, or as otherwise established by the permitting authority. The specific 

additional revisions and requirements only apply to activities in those specific states, 

Indian country, and areas in certain states subject to construction projects by Federal 

Operators. States, Indian country, and areas subject to construction by Federal 

Operators not included in this Part do not have any modifications or additions to the 

applicable conditions of this permit

9.1. Region 1 

9.1.1. MAR100000: Commonwealth of Massachusetts (except Indian country).

9.1.1.1 You must comply with the Massachusetts Clean Waters Act (Ch. 21, ss. 26-53). 

9.1.1.2 You must comply with the conditions in 314 CMR 4.00- Massachusetts Surface 

Water Quality Standards.

9.1.1.3 You must comply with the conditions in 314 CMR 3.00- Massachusetts Surface 

Water Discharge Permit Program.

9.1.1.4 You must comply with the Wetlands Protection Act (Ch. 131 s. 40) and its 

regulations, 310 CMR 10.00 and any Order of Conditions issued by a 

Conservation Commission or a Superseding Order of Conditions issued by the 

Massachusetts Department of Environmental Protection.

9.1.1.5 You must comply with the Massachusetts Storm Water Performance 

Standards, as prescribed by state regulations promulgated under the 

authority of the Massachusetts Clean Waters Act, MGL Ch. 21, ss 26-53 and 

the Wetlands Protection Act, Ch. 131, s. 40.

9.1.1.6 You must comply with the conditions in 314 CMR 9.00 – Water Quality 

Certification for Discharges of Dredged or Fill Material, Dredging, and 

Dredged Material Disposal in Waters of the United States within the 

Commonwealth.

9.1.1.7 You must comply with the Massachusetts Endangered Species Act (MESA), 

MGL Ch. 313A and regulations at 321 CMR 10.00 and any actions 

undertaken to comply with this stormwater general permit shall not result in 

non-compliance with the MESA.

9.1.1.8 Activities covered under this general permit shall not interfere with the 

implementation of mosquito control work conducted in accordance with 

Chapter 252 including s. 5A thereunder and MassDEP Guideline Number BRP 

G01-02, West Nile Virus Application of Pesticides to Wetland Resource Areas 

and Buffer Zones, and Public Water Supplies.

9.1.1.9 The Department may request a copy of the Stormwater Pollution Prevention 

Plan (SWPPP) and the permittee is required to submit the SWPPP to the 

Department within 14 days of such request. The Department may conduct 

an inspection of any facility covered by this permit to ensure compliance 

with state law requirements, including state water quality standards. The 

Department may enforce its certification conditions.
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9.1.1.10 The Department may require the permit holder to perform water quality 

monitoring during the permit term if monitoring is necessary for the protection 

of public health or the environment as designated under the authority at 314 

CMR 3.00.

9.1.1.11 The Department may require the permit holder to provide measurable 

verification of the effectiveness of Best Management Practices (BMPs) and 

other control measures used in the stormwater management program, 

including water quality monitoring. 

9.1.1.12 The Department has determined that compliance with this permit does not 

protect the permit holder from enforcement actions deemed necessary by 

the Department under its associated regulations to address an imminent 

threat to public health or a significant adverse environmental impact which 

results in a violation of the Massachusetts Clean Waters Act, Ch. 21, ss. 26-53.

9.1.1.13 The Department reserves the right to modify this 401 Water Quality 

Certification if any changes, modifications, or deletions are made to this 

general permit. In addition, the Department reserves the right to add and/or 

alter the terms and conditions of this 401 Water Quality Certification to carry 

out its responsibilities during the term of this general permit with respect to 

water quality, including any revisions to 314 CMR 4.00, Massachusetts Surface 

Water Quality Standards.

9.1.1.14 Should any violation of the Massachusetts Surface Water Quality Standards, 

314 CMR 4.00, or the conditions of this 401 Water Quality Certification occur, 

the Department will direct the permit holder to correct the violation(s). The 

Department has the right to take any action as authorized by the General 

Laws of the Commonwealth to address the violation(s) of this permit or the 

Massachusetts Clean Waters Act and the regulations promulgated 

thereunder. Substantial civil and criminal penalties are authorized under MGL 

Ch. 21, s. 42 for discharging into Masachusetts’ waters in violation of an order 

or permit issued by this Department. This 401 Water Quality Certification does 

not relieve the permit holder of the duty to comply with other applicable 

Massachusetts statutes and regulations. 

9.1.2. NHR100000: State of New Hampshire.

9.1.2.1 If you disturb 100,000 square feet or more of contiguous area, you must also 

apply for an Alteration of Terrain (AoT) permit from DES pursuant to RSA 485-

A:17 and Env-Ws 1500. This requirement also applies to a lower disturbance 

threshold of 50,000 square feet or more when construction occurs within the 

protected shoreline under the Shoreland Water Quality Protection Act (see 

RSA 483-B and Env-Ws 1400). A permit application must also be filed if your 

project disturbs an area of greater than 2,500 square feet, is within 50 feet of 

any surface water, and has a flow path of 50 feet or longer disturbing a 

grade of 25 percent or greater. Project sites with disturbances smaller than 

those discussed above, that have the potential to adversely affect state 

surface waters, are subject to the conditions of an AoT General Permit by 

Rule.

9.1.2.2 You must determine that any excavation dewatering discharges are not 

contaminated before they will be authorized as an allowable nonstormwater discharge under this permit (see Part 1.3.d). The water is 

considered uncontaminated if there is no groundwater contamination within 

1,000 feet of the source of the groundwater to be treated and discharged. 
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Information on groundwater contamination can be generated over the 

Internet via the NHDES web site http://des.nh.gov/ at the OneStop Web 

Geographic Information System at http://www2.des.state.nh.us/gis/onestop. 

If it is determined that the groundwater to be dewatered is near a 

remediation or other waste site you must apply for the Remediation General 

Permit (see http://www.epa.gov/region1/npdes/rgp.html.) 

9.1.2.3 You must treat any uncontaminated excavation dewatering discharges as 

necessary to remove suspended solids and turbidity. The discharges must be 

sampled at a location prior to mixing with stormwater at least once per week 

during weeks when discharges occur. Samples must be analyzed for total 

suspended solids (TSS) and must meet monthly average and daily maximum 

TSS limits of 50 milligrams per liter (mg/L) and 100 mg/L, respectively. TSS 

(a.k.a. Residue, Nonfilterable) sampling and analysis must be performed in 

accordance with Tables IB and II in 40 CFR 136.3 (see: 

http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr136_02.html). Records 

of any sampling and analysis must be maintained and kept with the SWPPP 

for at least three years after final site stabilization.

9.1.2.4 Construction site owners and operators must consider opportunities for postconstruction groundwater recharge using infiltration best management 

practices (BMPs) during site design and preparation of the stormwater 

pollution prevention plan (SWPPP). If your construction site is in a town that is 

required to obtain coverage under the NPDES General Permit for discharges 

from Municipal Separate Storm Sewer Systems (MS4) you may be required to 

use such practices. The SWPPP must include a description of any on-site 

infiltration that will be installed as a post-construction stormwater 

management measure or reasons for not employing such measures such as 

1) The facility is located in a wellhead protection area as defined in RSA 485-

C:2; or 2) The facility is located in an area where groundwater has been 

reclassified to GAA, GAI or GA2 pursuant to RSA 485-C and Env-Ws 420; or 3) 

Any areas that would be exempt from the groundwater recharge 

requirements contained in Env-Ws 1507.04(e), including all land uses or 

activities considered to be a “High-load Area” (see Env-Wq 1502.26). For 

design considerations for infiltration measures see Volume II of the NH 

Stormwater Manual.

9.1.2.5 Appendix F contains a list of Tier 2, or high quality waters. Although there is no 

official list of tier 2 waters, it can be assumed that all NH surface waters are 

tier 2 for turbidity unless 1) the surface water that you are proposing to 

discharge into is listed as impaired for turbidity in the states listing of impaired 

waters (see Surface Water Quality Watershed Report Cards at 

http://des.nh.gov/organization/divisions/water/wmb/swqa/report_cards.htm 

or 2) sampling upstream of the proposed discharge location shows turbidity 

values greater than 10 NTU. A single grab sample collected during dry 

weather (no precipitation within 48 hours) is acceptable.

9.1.2.6 To ensure compliance with RSA 485-C, RSA 485-A, RSA 485-A:13, I(a), Env-Wq 

1700 and Env-Wq 302, the following information may be requested by NHDES. 

This information must be kept on site unless you receive a written request from 

NHDES that it be sent to the address shown in Part 9.1.2.7. 

a. A site map required in Part 7.2.6, showing the type and location of all 

post-construction infiltration BMPs utilized at the facility or the reason(s) 

why none were installed;
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b. A list of all non-stormwater discharges that occur at the facility, 

including their source locations and the control measures being used 

(see Part 1.3.d). 

c. Records of sampling and analysis of TSS required for construction 

dewatering discharges (see Part 9.1.2.3).

9.1.2.7 All required or requested documents must be sent to: 

NH Department of Environmental Services, Wastewater Engineering Bureau, 

Permits & Compliance Section

P.O. Box 95

Concord, NH 03302-0095

9.1.2.8 When NHDES determines that additional water quality certification 

requirements are necessary to protect water quality, it may require individual 

discharges to meet additional conditions to obtain or continue coverage 

under the CGP. Any such conditions must be supplied to the permittee in 

writing. Any required pollutant loading analyses and any designs for structural 

best management practices necessary to protect water quality must be 

prepared by a civil or sanitary engineer registered in New Hampshire.

9.2. Region 4

9.2.1. FLR10000I: Indian country within the State of Florida.

9.2.1.1 Seminole Tribe of Florida. The following conditions apply only for discharges 

on federal trust lands of the Seminole Tribe of Florida (Big Cypress, Brighton, 

Hollywood, Immokalee, and Tampa Reservations):

a. Any discharges into waters of the Seminole Tribe of Florida shall not cause 

an exceedance in Turbidity of 29 NTU above natural background 

conditions.

b. Unless otherwise specified by previous permits or criteria, a storm event of 

three (3) day duration and twenty five (25) year return frequency shall be 

used in computing off-site discharge on Seminole Lands as agreed upon 

in the Water Rights Compact agreement attached to Public Law 100-228 

(December 31, 1987), Seminole Indian Land Claims Settlement Act of 

1987. 

c. The Seminole Tribe of Florida accepts a 20’ X 20’ stabilization at entry/exit 

points.
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9.3. Region 5

9.3.1. MIR10000I: Indian country within the State of Michigan. Projects on Indian country within 

the State of Michigan are not eligible for coverage under this permit. Contact EPA

Region 5 for an individual permit application.

9.3.2. MNR10000I: Indian country within the State of Minnesota. Projects on Indian country within 

the State of Minnesota are not eligible for coverage under this permit. Contact EPA

Region 5 for an individual permit application.

9.3.3. WIR10000I: Indian country within the State of Wisconsin, except the Sokaogon Chippewa 

(Mole Lake) Community. Projects in Indian country within the State of Wisconsin, are not 

eligible for coverage under this permit. Contact EPA Region 5 for an individual permit 

application.

9.4. Region 6

9.4.1. NMR100000: State of New Mexico, except Indian country.

9.4.1.1 In addition to all other provisions of this permit, operators who intend to 

obtain authorization under this permit for all new and existing stormwater 

discharges must satisfy the following condition:

The SWPPP must include site-specific interim and permanent stabilization, 

managerial, and structural solids, erosion, and sediment control best 

management practices (BMPs) and/or other controls that are designed to 

prevent to the maximum extent practicable an increase in the sediment 

yield and flow velocity from pre-construction, pre-development conditions to 

assure that applicable standards in 20.6.4 NMAC, including the 

antidegradation policy, or waste load allocations (WLAs) are met. This 

requirement applies to discharges both during construction and after 

construction operations have been completed. The SWPPP must identify, 

and document the rationale for selecting these BMPs and/or other controls. 

The SWPPP must also describe design specifications, construction 

specifications, maintenance schedules (including a long term maintenance 

plan), criteria for inspections, and expected performance and longevity of 

these BMPs. BMP selection must be made based on the use of appropriate 

soil loss prediction models (e.g., SEDCAD 4.0, RUSLE, SEDIMOT II, MULTISED, 

etc.), or equivalent, generally accepted (by professional erosion control 

specialists), soil loss prediction tools. The operator(s) must demonstrate, and 

include documentation in the SWPPP, that implementation of the sitespecific practices will assure that the applicable standards or WLAs are met, 

and will result in sediment yields and flow velocities that, to the maximum 

extent practicable, will not be greater than the sediment yield levels and 

flow velocities from pre-construction, pre-development conditions. The 

SWPPP must be prepared in accordance with good engineering practices 

by qualified (e.g., CPESC certified, engineers with appropriate training, etc.) 

erosion control specialists familiar with the use of soil loss prediction models 

and design of erosion and sediment control systems based on these models 

(or equivalent soil loss prediction tools). Qualifications of the preparer (e.g., 

professional certifications, description of appropriate training) must be 

documented in the SWPPP. The operator(s) must design, implement, and 

maintain BMPs in the manner specified in the SWPPP.
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9.4.1.2 Operators are not eligible to obtain authorization under this permit for all new 

and existing stormwater discharges to outstanding national resource waters 

(ONRWs) (also referred to as “Tier 3” waters). 

9.4.1.3 The criteria for final stabilization in Part 2.2.2.1a is a “uniform vegetation (e.g., 

evenly distributed without large bare areas), which provides 70 percent or 

more of the density of coverage that was provided by vegetation prior to 

commencing earth-disturbing activities.” The adjustment to allow for less 

than 100 % native vegetative cover (e.g., 50 % native vegetative cover x 70 

% = 35 %) is acceptable. 

9.4.1.4 Permittees can only use the criteria for final stabilization in Part 2.2.2.1b (“The

area you have seeded or planted must within 3 years provide established 

vegetation that covers 70 percent or more of the density of vegetation prior 

to commencing earth-disturbing activities; and in addition to seeding or 

planting the area to be vegetatively stabilized, to the extent necessary to 

prevent erosion on the seeded or planted area, you must select, design, and 

install non-vegetative erosion controls that provide cover for at least 3 years 

without active maintenance by you”) as a method for final vegetative 

stabilization for purposes of filing a Notice of Termination (NOT) under the 

following conditions: 

If this option is selected, you must notify NMED at the address listed in Part 

9.4.1.5 at the time the NOT is submitted to EPA. The information to be 

submitted includes:

 A copy of the NOT;

 Contact information, including individual name or title, address, and 

phone number for the party responsible for implementing the final 

stabilization measures; and

 The date that the permanent vegetative stabilization practice was 

implemented and the projected timeframe that the 70 % native 

vegetative cover requirements are expected to be met. (Note that if 

more than three years is required to establish 70 percent of the natural 

vegetative cover, this technique cannot be used or cited for fulfillment 

of the final stabilization requirement – you remain responsible for 

establishment of final stabilization). 

NMED also requires that operators periodically (minimum once/year) inspect 

and properly maintain the area until the criteria for final stabilization, as 

specified in Part 2.2 of the CGP, have been met. Operators must prepare an 

inspection report documenting the findings of these inspections and signed 

in accordance with Appendix I, Part I.11. This inspection record must be 

retained along with the SWPPP for three years after the NOT is submitted for 

the site and additionally submitted to NMED at the address listed in Part 

9.4.1.5. The inspections at a minimum must include the following:

 Observations of all areas of the site disturbed by construction activity; 

 Best Management Practices (BMPs)/post-construction stormwater 

controls must be observed to ensure they are effective; 

 An assessment of the status of vegetative re-establishment; and 
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February 15, 2012

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 Corrective actions required to ensure vegetative success within three 

years, and control of pollutants in stormwater runoff from the site, 

including implementation dates.

9.4.1.5 Copies of all documents submitted to EPA in non-electronic format must be 

sent to the following address:

Program Manager

Point Source Regulation Section

Surface Water Quality Bureau

New Mexico Environment Department

P.O. Box 5469

Santa Fe, New Mexico 87502

9.4.2. NMR10000I: Indian country within the State of New Mexico.

9.4.2.1 Pueblo of Sandia. The following conditions apply only to discharges on the 

Pueblo of Sandia Reservation:

a. Copies of all Notices of Intent submitted to the EPA must also be sent 

concurrently to the Pueblo of Sandia at the following address. 

Discharges are not authorized by this permit unless an accurate and 

complete NOI has been submitted to the Pueblo of Sandia.

Regular U.S. Delivery Mail:

Pueblo of Sandia Environment Department

Attention: Water Quality Manager

481 Sandia Loop

Bernalillo, New Mexico 87004

b. The Pueblo of Sandia will not allow the Rainfall Erosivity Waivers (see 

Appendix C) to be granted for any small construction activities. 

c. The Stormwater Pollution Prevention Plan (SWPPP) must be available to 

the Pueblo of Sandia Environment either electronically or hard copy 

upon request for review. The SWPPP must be made available at least 

fourteen (14) days before construction begins. The fourteen (14) day 

period will give Tribal staff time to become familiar with the project site, 

prepare for construction inspections, and determine compliance with 

the Pueblo of Sandia Water Quality Standards. Failure to provide a 

SWPPP to the Pueblo of Sandia may result in denial of the discharge or 

construction delay. 

d. An “Authorization to Proceed Letter” with site specific mitigation, site 

and project requirements will be sent out to the permittee when a 

review of the NOI and SWPPP is completed by the Pueblo of Sandia 

Environment Department. This approval will allow the construction to 

proceed if all applicable requirements are met. 

e. Before submitting a Notice of Termination (NOT), permittees must clearly 

demonstrate to the Pueblo of Sandia Environment Department though 

a site visit or documentation that requirements for site stabilization have 

been met and any temporary erosion control structures have been 

removed. A short letter stating the stabilization requirements have been 

met will be sent to the permittee to add to the permittees NOT 

submission to EPA. 
Construction General Permit (CGP)

February 15, 2012

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f. Copies of all NOT submitted to the EPA must also be sent concurrently 

to the Pueblo of Sandia at the following address:

Regular U.S. Delivery Mail:

Pueblo of Sandia Environment Department

Attention: Water Quality Manager

481 Sandia Loop

Bernalillo, New Mexico 87004

9.4.3. OKR10000F: Discharges in the State of Oklahoma that are not under the authority of the 

Oklahoma Department of Environmental Quality, including activities associated with oil 

and gas exploration, drilling, operations, and pipelines (includes SIC Groups 13 and 46, 

and SIC codes 492 and 5171), and point source discharges associated with agricultural 

production, services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09). 

In accordance with Section 303 of the Clean Water Act and Oklahoma’s Water Quality 

Standards (OAC 785: 45):

9.4.3.1 For activities located within the watershed of any Oklahoma Scenic River, 

including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, 

Little Lee Creek, and Big Lee Creek or any water or watershed designated 

“ORW” (Outstanding Resource Water) in Oklahoma’s Water Quality 

Standards, this permit may only be used to authorize discharges from 

temporary construction activities. Certification is denied for any on-going 

activities such as sand and gravel mining or any mineral mining.

9.4.3.2 For activities located within the watershed of any Oklahoma Scenic River, 

including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain Fork, 

Little Lee Creek, and Big Lee Creek or any water or watershed designated 

“ORW” (Outstanding Resource Water) in Oklahoma’s Water Quality 

Standards, certification is denied for any discharges originating from support 

activities, including concrete and asphalt batch plants, equipment staging 

yards, material storage areas, excavated material disposal areas, or borrow 

areas.

9.5. Region 8

9.5.1. MTR10000I: Indian country within the State of Montana

9.5.1.1 The Confederated Salish and Kootenai Tribes of the Flathead Nation. The 

following conditions apply only to discharges on the Confederated Salish 

and Kootenai Tribes of the Flathead Nation Reservation:

a. Permittees must send the Stormwater Pollution Prevention Plan (SWPPP) 

to the Tribes at least 30 days before construction starts.

b. Before submitting the Notice of Termination (NOT), permittees must 

clearly demonstrate to an appointed tribal staff person during an onsite inspection that requirements for site stabilization have been met.

c. The permittee must send a copy of the Notice of Intent (NOI) and the 

Notice of Termination (NOT) to the tribes.

d. Permittees may submit their SWPPPs and NOTs electronically to 

clintf@cskt.org.

Written NOI’s, SWPPPs and NOT’s may be mailed to:

Clint Folden, Water Quality Regulatory Specialist
Construction General Permit (CGP)

February 15, 2012

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Confederated Salish and Kootenai Tribes

Natural Resources Department

P.O. Box 278

Pablo, MT 59855

9.5.1.2 Fort Peck Tribes. The following conditions apply only to discharges on the Fort 

Peck Reservation:

Permittees must notify the Fort Peck Office of Environmental Protection (OEP) 

two weeks prior to commencing construction.

9.6. Region 9

9.6.1. AZR10000I: Indian country within the State of Arizona.

9.6.1.1 Hualapai Tribal Lands. The following condition applies only for discharges on 

the Hualapai Reservation: 

All notices of intent for proposed stormwater discharges under the CGP and 

all pollution prevention plans for stormwater discharges on Hualapai Tribal 

lands shall be submitted to Water Resources Program through the Tribal 

Chairman for review and approval, P.O. Box 179, Peach Springs, AZ 86434.

9.6.2. CAR10000I: Indian country within the State of California.

9.6.2.1 Big Pine Paiute Tribe of the Owens Valley. Big Pine Tribal Water Quality 

Standards Section VII(e): If a proposed action has the possibility to adversely 

affect the water quality of Big Pine Creek, an application must be filed with 

the Tribal Environmental Office. The application must describe the action 

proposed and its effects on the creek, how this information was derived, and 

a justification for the action. Upon satisfying these requirements, the Tribal 

Environmental Office will recommend or not recommend this proposal to be 

considered by the Tribal Council. Tribal Council will make a determination 

whether to consider the proposal further. If the Tribal Council wishes to 

consider the application further, the public participation process will take 

place (see paragraph VII(d)). The Tribal Council has the sole authority in 

permitting degradation to Big Pine Creek. If the Tribal Council makes the 

decision to allow degradation, they will submit their decision to the USEPA for 

review and approval.

9.6.3. GUR100000: The Island of Guam. Permittees must adhere with imposed conditions for the 

project, in accordance with section 307(c)(1), of the Coastal Zone Management Act, 15 

CFR part 930.
Construction General Permit (CGP)

February 15, 2012

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9.6.4. MPR100000: Commonwealth of the Northern Mariana Islands (CNMI). 

9.6.4.1 An Earthmoving and Erosion Control Permit must be obtained from DEQ prior 

to any construction activity covered under the NPDES General Permit.

9.6.4.2 All conditions and requirements set forth in the United States Environmental 

Protection Agency (USEPA), National Pollutant Discharge Elimination System 

(NPDES) General Permit for Discharges from Construction Activities must be 

complied with.

9.6.4.3 A stormwater pollution prevention plan (SWPPP) for stormwater discharges 

from construction activities must be approved by the Director of DEQ prior to 

submission of the Notice of Intent (NOI).

9.6.4.4 A NOI to be covered by the General Permit for Discharges from Construction 

Activities must be submitted to DEQ and USEPA, Region IX, in the form 

prescribed by USEPA, accompanied by a SWPPP approval letter from DEQ.

9.6.4.5 The NOI must be postmarked fourteen (14) calendar days prior to any 

stormwater discharges and a copy is submitted to the Director of DEQ no 

later than seven (7) calendar days prior to any stormwater discharges.

9.6.4.6 Copies of all monitoring reports required by the NPDES General Permit are 

submitted to DEQ.

9.6.4.7 In accordance with Section 10.3(h) and (i) of the CNMI Water Quality 

Standards, DEQ reserves the right to deny coverage under this permit and 

require submittal of an application for an individual NPDES permit based on 

review of the NOI or other information made available to the Director.

9.6.5. NVR10000I: Indian country within the State of Nevada.

9.6.5.1 Pyramid Lake Paiute Tribe. The following conditions apply only for discharges 

on the Pyramid Lake Paiute Reservation:

a. A SWPPP for stormwater discharges from project construction activities 

must be submitted to, and approved by, the PLPT Environmental 

Department director, prior to the submission of a Notice of Intent (NOI or 

eNOI) to EPA.

b. The applicant is to submit a hard copy of the Notice of Intent (NOI or 

eNOI) and a draft or final copy of the Stormwater Pollution Prevention 

Plan (SWPPP) by U.S. Mail to the Pyramid Lake Environmental 

Department at the address below:

Pyramid Lake Tribe Environmental Department

P.O. Box 256

Nixon, NV 89424

c. The applicant is to concurrently submit to the PLPT Environmental 

Department, hard copies of any other forms submitted to the EPA, 

including waivers, reporting, and Notice of Termination (NOT).
Construction General Permit (CGP)

February 15, 2012

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9.7. Region 10

9.7.1. IDR100000: The State of Idaho, except those located on Indian country. Projects in the 

State of Idaho, except those located on Indian country, are not eligible for coverage 

under this permit. Contact EPA Region 10 for an individual permit application.

9.7.2. ORR10000I: Indian country within the State of Oregon. 

9.7.2.1 Confederated Tribes of the Umatilla Indian Reservation. The following 

conditions apply only to discharges on the Umatilla Indian Reservation:

a. The operator shall be responsible for achieving compliance with the 

Confederated Tribes of the Umatilla Indian Reservations (CTUIR) Water 

Quality Standards.

b. The operator shall submit a copy of the Notice of Intent (NOI) to be 

covered by the general permit to the CTUIR Water Resources Program 

at the address below, at the same time it is submitted to EPA.

c. The operator shall be responsible for submitting all Stormwater Pollution 

Prevention Plans (SWPPP) required under this permit to the CTUIR Water 

Resources Program for review and determination that the SWPPP is 

sufficient to meet Tribal Water Quality Standards, prior to the beginning 

of any discharge activities taking place.

d. The operator shall be responsible for reporting an exceedance to Tribal 

Water Quality Standards to the CTUIR Water Resources Program at the 

same time it is reported to EPA.

Confederated Tribes of the Umatilla Indian Reservation

Water Resources Program

46411 Timine Way

Pendleton, OR 97801

e. The CTUIR Tribal Historic Preservation Office (THPO) requests copies of 

each NOI which will define whether or not the undertaking has the 

potential to affect historic properties, and if so, define the undertaking’s 

area of potential effect (APE). 

f. The THPO must be provided 30 days to comment on the APE as defined 

in the permit application.

g. If the project is an undertaking, a cultural resource investigation must 

occur. All fieldwork must be conducted by qualified personnel (as 

outlined by the Secretary of Interior’s Standards and Guidelines; 

http://www.nps.gov/history/local-law/arch_stnds_0.htm) and 

documented using Oregon Reporting Standards 

(http://egov.oregon.gov/OPRD/HCD/ARCH/arch_pubsandlinks.shtml). 

The resulting report must be submitted to the THPO and the THOP must 

concur with the findings and recommendations before any ground 

disturbing work can occur. The THPO requires 30 days to review all 

reports. 

h. The operator must obtain THPO concurrence in writing. If historic 

properties are present, this written concurrence will outline measures to 

be taken to prevent or mitigate effects to historic properties.

i. For more information regarding the specifics of the cultural resources 

process, see 36 CFR Part 800.
Construction General Permit (CGP)

February 15, 2012

Page 58 of 61

Confederated Tribes of the Umatilla Indian Reservation

Cultural Resources Protection Program

Tribal Historic Preservation Office

46411 Timine Way

Pendleton, OR 97801

9.7.2.2 Confederated Tribes of the Warm Springs Reservation of Oregon. The 

following conditions apply only for discharges on the Warm Springs 

Reservation:

a. All activities covered by this NPDES general permit occurring within a 

designated riparian buffer zone as established in Ordinance 74 

(Integrated Resource Management Plan or IRMP) must be reviewed, 

approved and permitted through the Tribe’s Hydraulic Permit 

Application process, including payment of any applicable fees.

b. All activities covered by this NPDES permit must follow all applicable 

land management and resource conservation requirements specified in 

the IRMP.

c. Operators of activities covered by this NPDES general permit must 

submit a Storm Water Pollution Prevention Plan to the Tribe’s Water 

Control Board at the following address for approval at least 30 days 

prior to beginning construction activity:

Chair, Warm Springs Water Control Board

P.O. Box C

Warm Springs, Oregon 97761

d. The operator shall be responsible for achieving compliance with the 

Water Quality Standards of the Confederated Tribes of the Warm 

Springs Reservation of Oregon. The operator shall be responsible for 

reporting an exceedance to Tribal Water Quality Standards to the 

Water Control Board at the address above. 

e. The operator shall submit a copy of the Notice of Intent (NOI) to be 

covered by the general permit to the CTWS, Branch of Natural 

Resources, Tribal Environmental Office at the address above, at the 

same time it is submitted to EPA.

f. The CTWS Tribal Historic Preservation Officer (THPO) requests copies of 

each NOI which will define whether or not the undertaking has the 

potential to affect historic properties, and if so, define the undertaking’s 

area of potential effect (APE). 

g. The THPO must be provided 30 days to comment on the APE as defined 

in the permit application.

h. If the project is an undertaking, a cultural resource investigation must 

occur. All fieldwork must be conducted by qualified personnel (as 

outlined by the Secretary of Interior’s Standards and Guidelines; 

http://www.nps.gov/history/local-law/arch_stnds_0.htm) and 

documented using Oregon Reporting Standards 

(http://egov.oregon.gov/OPRD/HCD/ARCH/arch_pubsandlinks.shtml). 

The resulting report must be submitted to the THPO and the THOP must 

concur with the findings and recommendations before any ground 
Construction General Permit (CGP)

February 15, 2012

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disturbing work can occur. The THPO requires 30 days to review all 

reports. 

i. The operator must obtain THPO concurrence in writing. If historic 

properties are present, this written concurrence will outline measures to 

be taken to prevent or mitigate effects to historic properties.

j. For more information regarding the specifics of the cultural resources 

process, see 36 CFR Part 800.

9.7.3. WAR10000F: Areas in the State of Washington, except those located on Indian country, 

subject to construction by Federal Operators. Areas in the State of Washington, except 

those located on Indian country, subject to construction by Federal Operators are not 

eligible for coverage under this permit. Contact EPA Region 10 for an individual permit 

application.

9.7.4. WAR10000I: Indian country within the State of Washington

9.7.4.1 Kalispel Tribe. The following conditions apply only for discharges on the 

Kalispel Reservation:

a. The operator shall be responsible for achieving compliance with the 

Kalispel Tribe’s Water Quality Standards, and;

b. The operator shall submit a copy of the Notice of Intent (NOI) to be 

covered by the general permit to the Kalispel Tribe Natural Resources 

Department (KNRD) at the same time as it is submitted to the EPA, and;

c. The operator shall submit all Storm Water Pollution Prevention Plans 

(SWPPP) to KNRD thirty (30) days prior to beginning any discharge 

activities for review, and;

d. The operator shall be responsible for reporting any exceedance of Tribal 

Water Quality Standards to KNRD at the same time it is reported to EPA, 

and;

e. Prior to any land disturbing activities on the Kalispel Indian Reservation 

and its dependent communities, the operator shall attain a cultural 

resource clearance letter from KNRD.

f. All tribal correspondence pertaining to the General Permit for 

Discharges from Construction Activities shall be sent to:

Kalispel Tribe Natural Resources Department

Water Resources Program

PO Box 39

Usk, WA 99180

9.7.4.2 Lummi Nation. The following conditions apply only for discharges on the 

Lummi Reservation:

a. Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must 

also obtain a land use permit from the Lummi Planning Department as 

provided in Title 15 of the Lummi Code of Laws and regulations 

adopted thereunder.

b. Pursuant to LCL 17.05.020(a), each operator shall develop and submit a 

Stormwater Pollution Prevention Plan to the Lummi Water Resources 

Division for review and approval by the Water Resources Manager prior 

to beginning any discharge activities. 
Construction General Permit (CGP)

February 15, 2012

Page 60 of 61

c. Pursuant to LCL Title 17, each operator shall be responsible for achieving 

compliance with the Water Quality Standards for Surface Waters of the 

Lummi Indian Reservation (Lummi Administrative Regulations [LAR] 17 

LAR 07.010 together with supplements and amendments thereto).

d. Each operator shall submit a signed hard copy of the Notice of Intent 

(NOI) to the Lummi Water Resources Division at the same time it is 

submitted electronically to the Environmental Protection Agency (EPA) 

and shall provide the Lummi Water Resources Division the 

acknowledgement of receipt of the NOI from the EPA and the 

associated NPDES tracking number provided by the EPA within 7 

calendar days of receipt by EPA. 

e. Each operator shall submit a signed hard copy of the Notice of 

Termination (NOT) to the Lummi Water Resources Division at the same 

time it is submitted electronically to the EPA and shall provide the Lummi 

Water Resources Division the EPA acknowledgement of receipt of the 

NOT.

f. Stormwater Pollution Prevention Plans, Notice of intent, Notice of 

Termination and associated correspondence with the EPA shall be 

submitted to:

Lummi Natural Resources Department

ATTN: Water Resources Manager

2616 Kwina Road

Bellingham, WA 98226-9298

g. Please see the Lummi Nation website (www.lummi-nsn.gov) and/or the 

Lummi Natural Resources Department website (http://lnnr.lumminsn.gov/LummiWebsite/Website.php?PageID=53) to review a copy of 

Title 17 of the Lummi Code of Laws, associated regulations, and the 

references upon which the conditions identified above are based.

9.7.4.3 Makah Tribe. The following conditions apply only for discharges on the 

Makah Reservation:

a. The operator shall be responsible for achieving compliance with the 

Makah Tribe’s Water Quality Standards.

b. The operator shall submit a Storm Water Pollution Prevention Plan to the 

Makah Tribe Water Quality Program and Makah Fisheries Habitat 

Division for review and approval at least thirty (30) days prior to 

beginning any discharge activities.

c. The operator shall submit a copy of the Notice of Intent to the Makah 

Tribe Water Quality Program and Makah Fisheries Habitat Division at the 

same time it is submitted to EPA.

d. Storm Water Pollution Prevention Plans and Notices of Intent shall be 

submitted to:

Ray Colby

Makah Tribal Water Quality

Water Quality Specialist

(360) 645-3162

colby.ray@centurytel.net

PO Box 115
Construction General Permit (CGP)

February 15, 2012

Page 61 of 61

Neah Bay, WA 98357

9.7.4.4 Puyallup Tribe of Indians. The following conditions apply only for discharges 

on the Puyallup Reservation:

a. Each permittee shall be responsible for achieving compliance with the 

Puyallup Tribe’s Water Quality Standards, including antidegradation 

provisions. The Puyallup Natural Resources Department will conduct an 

antidegradation review for permitted activities that have the potential 

to lower water quality. The antidegradation review will be consistent 

with the Tribe’s Antidegradation Implementation Procedures.

b. The permittee shall be responsible for meeting any additional permit 

requirements imposed by EPA necessary to comply with the Puyallup 

Tribe’s antidegradation policies if the discharge point is located within 1 

linear mile upstream of waters designated by the Tribe.

c. Each permittee shall submit a copy of the Notice of Intent (NOI) to be 

covered by the general permit to the Puyallup tribal Natural Resources 

Department at the address listed below at the same time it is submitted 

to EPA.

Puyallup Tribe of Indians

3009 E. Portland Avenue

Tacoma, WA 98404

ATTN: Natural Resources Department – Bill Sullivan and Char Naylor

d. All supporting documentation and certifications in the NOI related to 

coverage under the general permit for Endangered Species Act 

purposes shall be submitted to Bill Sullivan and Char Naylor in the 

Puyallup Tribal Natural Resources Department for review.

e. If EPA requires coverage under an individual or alternative permit, the 

permittee shall submit a copy of the permit to Bill Sullivan and Char 

Naylor in the Puyallup Tribal Natural Resources Department at the 

address listed above.

f. The permittee shall submit all stormwater pollution prevention plans to 

Bill Sullivan and Char Naylor in the Puyallup Tribal Natural Resources 

Department for review and approval prior to beginning any activities 

resulting in a discharge to tribal waters.

g. The permittee shall conduct benchmark monitoring for turbidity and 

nutrients, complying with Section 3 monitoring requirements.

h. The permittee shall notify Bill Sullivan and Char Naylor prior to 

conducting inspections at construction sites generating stormwater 

discharged to tribal waters.