[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Notices]
[Pages 25122-25145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10518]



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Part IV





Environmental Protection Agency





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Final Modification of the National Pollutant Discharge Elimination 
System (NPDES) General Permit for Storm Water Discharges From 
Construction Activities; Notice

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / 
Notices

[[Page 25122]]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6586-3]


 Final Modification of the National Pollutant Discharge 
Elimination System (NPDES) General Permit for Storm Water Discharges 
From Construction Activities

AGENCY: Environmental Protection Agency (EPA), Region 4.

ACTION: Notice of final modification of NPDES general permit for storm 
water discharges from construction activities.

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SUMMARY: Section 405 of the Water Quality Act of 1987 (WQA) added 
section 402(p) of the Clean Water Act (CWA) which requires the 
Environmental Protection Agency (EPA) to develop a phased approach to 
regulate storm water discharges under the National Pollutant Discharge 
Elimination System (NPDES) program. EPA published a final regulation on 
November 16, 1990, (55 FR 47990) establishing permit application 
requirements for storm water discharges associated with industrial 
activity. EPA defined the term ``storm water discharge associated with 
industrial activity'' in a comprehensive manner to cover a wide variety 
of facilities. This definition greatly expanded the number of 
industrial facilities subject to the NPDES program. Construction 
activities that disturb at least five acres of land and have point 
source discharges to waters of the U.S. are defined as an ``industrial 
activity'' per 40 CFR 122.26(b)(14)(x).
    40 CFR 122.4(d) and (i) prohibit EPA from authorizing discharges 
which will cause or contribute to the impaired use of waters of the 
U.S. Currently, facilities discharging to waters listed in accordance 
with the requirements of Section 303(d) of the Clean Water Act would 
most likely be required to apply for individual permit coverage, which 
is resource intensive for both the applicant and the NPDES permit 
issuing authority. Therefore, EPA Region 4 has concluded that 
additional permitting measures in the existing storm water general 
permit for construction activities are necessary to assure that storm 
water discharges to 303(d) waters, listed for TSS, do not cause or 
contribute to the impaired designated use of a water body.
    The following provides notice for a final modification of the NPDES 
general permit, accompanying response to comments, and fact sheet for 
storm water discharges from construction activities in the following 
areas of Region 4:

Indian Country Lands within the State of Alabama
The State of Florida
Indian Country Lands within the State of Florida
Indian Country Lands within the State of Mississippi
Indian Country Lands within the State of North Carolina

DATES: This general permit modification shall be effective on July 1, 
2000. Deadlines for compliance with the modification conditions are 
included in today's notice.

ADDRESSES: Notices of Intent (NOIs) submitted in accordance with this 
permit to receive coverage under this permit and Notices of Termination 
(NOTs) to terminate coverage under this permit must be sent to Storm 
Water Notice of Intent (4203), 401 M Street, SW, Room 2104 Northeast 
Mail, Washington, DC 20460. The complete administrative record is 
available from the U.S. Environmental Protection Agency, Region 4, 
Freedom of Information Officer, 61 Forsyth St. S.W., Atlanta, GA 30303. 
A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Floyd Wellborn, telephone number 
(404) 562-9296, or Mr. Michael Mitchell, telephone number (404) 562-
9303, or at the following address: United States Environmental 
Protection Agency, Region 4, Water Management Division, NPDES and 
Biosolids Permits Section, Atlanta Federal Center, 61 Forsyth Street 
S.W., Atlanta, GA 30303.


SUPPLEMENTARY INFORMATION:

Table of Contents.

I. Introduction
II. Coverage of General Permit
III. Changes from the Proposed Permit
IV. Summary of Permit Conditions
V. Cost Estimates
VI. Unfunded Mandates Reform Act
VII. Paperwork Reduction Act
VIII. Regulatory Flexibility Act
IX. Summary of Responses to Comments on the Proposed Permit
X. Section 401 Certification
XI. Official Signatures

I. Introduction

    In 1972, the Federal Water Pollution Control Act (also referred to 
as the Clean Water Act (CWA)) was amended to provide that the discharge 
of any pollutants to waters of the United States from any point source 
is unlawful, except if the discharge is in compliance with a National 
Pollutant Discharge Elimination System (NDPES) permit. In 1987, 
Sec. 402(p) was added to the CWA to establish a comprehensive framework 
for addressing storm water discharges under the NPDES program. Section 
402(p)(4) of the CWA clarifies the requirements for EPA to issue NPDES 
permits for storm water discharges associated with industrial activity. 
On November 16, 1990 (55 FR 47990), EPA published final regulations 
which define the term ``storm water discharge associated with 
industrial activity.''
    On March 31, 1998, EPA Region 4 issued a general permit for 
discharges of storm water from construction activities ``associated 
with industrial activity'' to reduce the administrative burden of 
issuing an individual NDPES permit to each construction activity.

II. Coverage of General Permit

    Section 402(p) of the Clean Water Act (CWA) clarifies that storm 
water discharges associated with industrial activity to waters of the 
United States must be authorized by an NPDES permit. On November 16, 
1990, EPA published regulations under the NPDES program which defined 
the term ``storm water discharge associated with industrial activity'' 
to include storm water discharges from construction activities 
(including clearing, grading, and excavation activities) that result in 
the disturbance of five or more acres of total land area, including 
areas that are part of a larger common plan of development or sale (40 
CFR 122.26(b)(14)(x)). The term ``storm water discharge from 
construction activities'' will be used in this document to refer to 
storm water discharges from construction sites that meet the definition 
of a storm water discharge associated with industrial activity.
    This modification of the general permit may authorize storm water 
discharges to waters listed on the 1998 EPA approved 303(d) list (or 
any subsequently approved list, hereafter referenced as the EPA 
approved 303(d) list), for Total Suspended Solids (TSS), or other 
parameters associated with sediments, from existing construction sites 
(facilities where construction activities began before the effective 
date of this modification, and final stabilization is to occur after 
the effective date of this modification) and new construction sites. 
New construction sites are those facilities where disturbances 
associated construction activities commence after the effective date of 
this modification. To obtain authorization under the general permit, a 
discharger must submit a complete NOI and comply with the terms of the 
permit. The terms and conditions of this modification are applicable to 
all qualifying facilities even if coverage under the permit began prior 
to the effective date of the modification.

[[Page 25123]]

III. Changes From the July 21, 1999 Proposed Permit Modification 
(Amended August 25, 1999)

    <bullet> Applicants are now required to contact the permit issuing 
authority for help in determining if they are discharging to 303(d) 
listed waters.
    <bullet> The final issuance will only include the 1998 EPA approved 
303(d) list for water segments listed for TSS.
    <bullet> The entire general permit with the modification's are 
being reprinted in today's notice. The species list in Appendix C, 
however, has not been reprinted and can be found in the March 31, 1998 
Federal Register notice (63 FR 15621) or at the following web site: 
http://www.epa.gov/owm/esalst2.htm
    <bullet> The proposed modification in the July 21, 1999 Federal 
Register (64 FR 39136) incorrectly identified a change in Part I.C. 
``Authorization.'' Today's Notice correctly changes Part II.B. 
``Contents of Notice of Intent.'' Part II.B.9. of today's permit asks 
for certification of eligibility under Part I.B.3.e.(2) (Endangered 
Species) and I.B.3.f. (Historic Preservation).
    <bullet> Typographical errors in Parts II.B.10. and VII.G.2.d. were 
corrected to properly identify the signature requirements of Part 
VII.G. Previously, the permit had incorrectly indicated Part VI.G which 
does not exist.
    <bullet> The qualified personnel has been further defined in Part 
V.D.4. as a State certified storm water operator. A State certified 
storm water operator is one who has completed the Florida Storm water, 
Erosion and Sediment Control Training and Certification Program for 
Inspectors and Contractors. Furthermore they have passed the course 
examination.

IV. Summary of Modification Conditions

For Facilities in Florida

    In order to get construction general permit coverage, applicants 
must determine if the facility discharges to waters listed on the EPA 
approved 303(d) list for impairment due to Total Suspended Solids.

For Facilities on Indian Country Lands

    In order to get construction general permit coverage, applicants 
must determine if the facility discharges to waters impaired for either 
Total Suspended Solids, Turbidity, Silt or Sediment. It is incumbent 
upon the applicant to contact the Environmental Coordinator of the 
Tribe on whose lands the discharge occurs if you are unsure whether or 
not the facility will be discharging to impaired waters for either of 
the above referenced parameters.

What To Do Next

    For all facilities, if the determination is made that you will be 
discharging to waters impaired because of either Total Suspended Solids 
or other parameters associated with sediments (or in the case of 
discharges on Indian Country lands; TSS, Turbidity, Silt or Sediment) 
the facility must comply with the terms and conditions of Part III.C. 
of the permit.
    <bullet> The permittee shall monitor, during regular working hours, 
once per month within the first 30 minutes of a qualifying storm event 
or within the first 30 minutes of the beginning of the discharge of a 
previously collected qualifying event for Settleable Solids (ml/l), 
Total Suspended Solids (mg/l), Turbidity (NTUs) and Flow (MGD). A 
qualifying event is defined as a rain event of 0.5 inches or greater in 
a 24-hour period.
    <bullet> Where the receiving water has flow upstream from the 
discharge, a background sample for Settleable Solids, Total Suspended 
Solids and Turbidity shall be taken instream at middepth and 
immediately upstream from the influence of the discharge of storm water 
from the site. If there is no upstream flow, instream monitoring is not 
required.
    <bullet> The soil type and average slope of the drainage area for 
each outfall shall be reported with the Discharge Monitoring Report 
submitted in accordance with Part III.C.5. of the permit.
    This permit does not authorize the discharge of storm water, from 
construction activities, which causes or contributes to the impairment 
of the designated use of waters of the United States.

V. Cost Estimates

    The two major costs associated with monitoring requirements. One is 
the acquisition of monitoring equipment and the other is the fee 
incurred for laboratory analysis of the sample. While EPA recognizes 
that this is an increased cost from the general permit prior to its 
modification, it is no more expensive than an individual permit which 
would most likely have similar requirements. In addition, the cost of 
compliance with a general permit is lower than that of an individual 
permit. Therefore, there is a comparative financial benefit to coverage 
under the general permit even with monitoring requirements from 
coverage under an individual permit.

VI. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under UMA section 202, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, UMA section 205 generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of UMA section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
UMA section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes an explanation with the final rule why the 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including Tribal 
governments, it must have developed under UMA section 203 a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, enabling officials of affected small 
governments to have meaningful and timely input in the development of 
EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating and advising small governments on 
compliance with the regulatory requirements.

A. UMA Section 202 and the Construction General Permit

    UMA section 202 requires a written statement containing certain 
assessments, estimates and analyses prior to the promulgation of 
certain general notices of proposed rulemaking (2 U.S.C. 1532). UMA 
section 421(10) defines ``rule'' based on the definition of rule in the 
Regulatory Flexibility Act. Section 601 of the Regulatory Flexibility 
Act defines ``rule'' to mean any rule for which an agency publishes a 
general notice of proposed rulemaking pursuant to section 553 of the 
Administrative Procedure Act. EPA does not propose to issue NPDES 
general permits based on

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APA section 553. Instead, EPA relies on publication of general permits 
in the Federal Register in order to provide ``an opportunity for a 
hearing'' under CWA section 402(a), 33 U.S.C. 1342(a). Nonetheless, EPA 
has evaluated permitting alternatives for regulation of storm water 
discharges associated with construction activity. The general permit 
that EPA proposes to modify would be virtually the same NPDES general 
permit for discharges of storm water from construction activities that 
many construction operators have used over the past year since most 
will not be discharging to 303(d) listed waters. For those who are 
discharging to 303(d) listed waters and come under the new monitoring 
and reporting requirements, general permits provide a more cost and 
time efficient alternative for the regulated community to obtain NPDES 
permit coverage than that provided through individually drafted 
permits.

B. UMA Section 203 and the Construction General Permit

    Agencies are required to prepare small government agency plans 
under UMA section 203 prior to establishing any regulatory requirement 
that might significantly or uniquely affect small governments. 
``Regulatory requirements'' might, for example, include the 
requirements of this NPDES general permit for discharges associated 
with construction activity. EPA envisions that some municipalities--
those with municipal separate storm sewer systems serving a population 
over 100,000--may elect to seek coverage under this general permit 
where they are the operators of construction activities. For 
municipalities with a population of less than 100,000, however, a 
permit application is not required until August 7, 2001, for a storm 
water discharge associated with construction activity where the 
construction site is owned or operated by a municipality. (See 40 CFR 
122.26(e)(1)(ii)&(g)).
    In any event, any such permit requirements would not significantly 
affect small governments because most State laws already provide for 
the control of sedimentation and erosion in a similar manner as today's 
general permit. Permit requirements also would not uniquely affect 
small governments because compliance with the permit's conditions 
affects small governments in the same manner as any other entity 
seeking coverage under the permit; thus, UMA section 203 would not 
apply.

VII. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
in this final general permit under the Paperwork Reduction Act of 1980, 
44 U.S.C. 3501 et. seq. EPA did not prepare an Information Collection 
Request (ICR) document for today's permit because the information 
collection requirements in this permit have already been approved by 
the Office of Management and Budget (OMB) in submissions made for the 
NPDES permit program under the provisions of the Clean Water Act.

VIII. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, U.S.C. 601 et. seq., EPA is 
required to prepare a Regulatory Flexibility Analysis to assess the 
impact of rules on small entities. No Regulatory Flexibility Analysis 
is required, however, where the head of the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    Today's permit modification provides small entities with an 
application option that is less burdensome than individual 
applications. The other requirements have been designed to minimize 
significant economic impacts of the rule on small entities and does not 
have a significant impact on industry. In addition, the permit reduces 
significant administrative burdens on regulated sources. Accordingly, I 
hereby certify pursuant to the provisions of the Regulatory Flexibility 
Act, that this permit will not have a significant impact on a 
substantial number of small entities.

IX. Responses to Comments

    The following is a summary of the issues identified by EPA that 
were raised regarding the modification of the general permit for storm 
water from construction activities and EPA's response to those issues.
    Several commenters asked for a clarification of the definition of a 
qualifying event. Specifically, is a qualifying event measured within 
the 24 hours of a calendar day or is it a rolling 24 hours? EPA's 
intent is to require monitoring of one event that produces 0.5 inches 
of rain fall in a rolling 24 hour period, during a calendar month.
    Several commenters asked how one would know to take a grab in the 
first 30 minutes of the rain event if you don't know if the storm is a 
qualifying event yet. If the retention on the site delays the 
discharge, then collection of a sample during the first 30 minutes is 
not required. EPA acknowledges that the facility may take samples in 
anticipation of a qualifying event, that are never sent to the lab 
because the event did not qualify for sampling.
    One commenter asked how would one know when to sample if there was 
a fairly continuous discharge from current and previously collected 
events since the first thirty minutes of discharge may not be 
discernable. In the case of the rain events being close together, a 
sample would be collected within the first 30 minutes after the start 
of the qualifying event. Since only one sample per month is required, 
monitoring of any subsequent discharge is not required.
    Comments were submitted on how is monitoring conducted during off 
hours or if the monitoring stations are too far away to monitor during 
the first 30 minutes. It is incumbent on the permittee to plan for 
monitoring during regular working. This of course may mean that all 
discharges from a qualifying event in a given month may occur during 
non-regular working hours. In such a case, the permittee should 
indicate ``no discharge from a qualifying event occurred during regular 
working hours'' in lieu of sampling results on the Discharge Monitoring 
Report (DMR) form and submit it to the EPA. If the facility is too big 
to collect samples from all the outfalls on the same day, subsequent 
events within the month should be considered for other outfalls. This 
does not release the permittee from compliance responsibility should 
there be only one qualifying event during a given month. The document 
NPDES Storm Water Sampling Guidance Document (EPA 833-F-92-001, July 
1992) discusses this in Part 2.9 of the document beginning on page 31.
    Comments were submitted asking if the permit requires the 
installation of an automatic sampler to comply with the sampling 
requirements. The permit does not require the installation of an 
automatic sampler but it does require compliance with the monitoring 
conditions. It is up to the permittee to determine if the only way for 
the facility to comply with the permit is to install an automatic 
sampler.
    Several commenters indicated that the cost of monitoring would be 
excessive without any real benefit to the environment. One commenter 
suggested that a more effective approach to sediment control would be 
requiring a ``qualified person'' to conduct the sediment and erosion 
control onsite. While EPA understands that the monitoring in the 
modified general permit is an increase over the conditions of the March 
31, 1998 reissued general permit, the cost is no more than would be for 
compliance with an individual permit. In addition, EPA's evaluation of 
the cost, based on

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EPA's own lab expenses, is significantly less that the estimation of 
the commenters.
    One commenter requested clarification of when a facility is 
discharging directly to a 303(d) listed water body segment. Only those 
discharges whose collection systems overflowed or release discharges 
directly to listed segments would be required to monitor. Discharges 
which flow through tributaries, which themselves are not listed, or 
local collection systems, such as Municipal Separate Storm Sewer 
Systems (MS4), are not required to monitor under the modified permit. 
Co-permittees who discharge to another permittee's collection system 
which then discharges to a listed segment may be required to monitor. 
Such a determination would be conducted at the request of the permittee 
discharging directly to the listed segment. Discharges to piped MS4s 
which are ultimately discharging to 303(d) listed waters are not 
required to monitor.
    One commenter asserted that the EPA's decision to include 
protective monitoring appears unsupported by sufficient data 
demonstrating that additional protection of waters is required. The 
introduction in the July 21, 1999 Federal Register (64 FR 39136) 
justifies the inclusion of monitoring based on the requirements of 40 
CFR Part 122.4 (d) and (i), which disallow the authorization of 
discharges which contribute to the impaired use of a receiving water. 
No previously existing data is required to conclude that the addition 
of particulates from a construction site has the potential to 
contribute to the impaired use of a receiving water when it is 
currently impaired due to particulate pollution. If the permit issuing 
authority determines that an individual facility contributes to the 
impaired use of a water segment, an individual permit will be required 
for the discharges from that facility. EPA suspects that the majority 
of sites will not contribute to the impairment. It would be 
unreasonable to leave it to assumption though. The purpose of the 
monitoring is, in fact, to aid in the determination of whether an 
individual facility is contributing to the impairment. In addition, the 
CWA, section 308(a) allows for monitoring to determine if a violation 
of a prohibition, such as 40 CFR 122.4(d) or (i), has occurred.
    One commenter perceived and objected to the notion that the 
construction industry was being made to bearing the cost of stream 
monitoring for the development of Florida's Total Maximum Daily Loads 
(TMDL) and further contends that the construction industry is not the 
only contributor of solids to the waters of the State. EPA is not 
including this monitoring to develop stream data for a TMDL. As stated 
previously, it is included to determine compliance with 40 CFR 122.4. 
However, since the data is being collected anyway, an additional 
benefit will be the availability of the data once development of a TMDL 
is underway. It is common practice in developing a TMDL to use 
available data collected by many sources. EPA does concur that the 
construction industry is not the sole source of solids to water bodies 
and therefore not the sole cause of impairment to a 303(d) listed 
water. It is certain, though, that it is a possible source and is 
essential to determine what individual facilities may contribute to the 
impaired use of a listed water segment.
    One commenter expressed concern over using Florida's 303(d) list 
since it is continually updated to include newly listed water segments 
making it difficult to know in advance if the construction site will 
discharge to a listed water body. EPA acknowledges this concern and has 
changed the final permit to require monitoring only at facilities 
discharging to water segments listed on the EPA approved 303(d) list. 
Contact the EPA for information on updates to the list.
    One commenter contended that EPA Region 4's proposal to include 
monitoring in the general permit conflicts with EPA Headquarter's 
proposal to develop effluent guidelines for the construction industry 
which wouldn't include numerical limits but simply Best Management 
Practices (BMP). Currently, there is no effluent guideline for this 
activity; however, effluent guidelines have technology based 
requirements and are not usually protective of state water quality 
standards.
    One commenter believes that the monitoring requirements place an 
unfair burden on facilities discharging to waters known to be impaired 
since all the waters in the State have not yet been assessed. Revisions 
have been made in the final permit to ensure currently listed waters 
and any added in the future are protected by the requirements of this 
permit.
    One commenter challenged EPA's consideration of the Unfunded 
Mandates Reform Act which requires Federal Agencies to consider least 
costly, more cost-effective and/or least burdensome alternatives. The 
commenter pointed out that EPA contended that the evaluation performed 
regarding permitting options for the regulation of storm water 
discharges form construction activities is sufficient to meet this 
requirement since it will be virtually the same NPDES general permit 
(see Part VI of this notice). One should understand that the general 
permit is a voluntary permit. Any time a facility deems compliance with 
the general permit too burdensome or costly, they are free to apply for 
an individual permit. For those sites discharging to 303(d) listed 
waters, the alternative to this modification would be an individual 
NPDES permit which would be more costly to comply with. Therefore, the 
EPA chosen alternative of modifying the general permit to include 
conditions on construction sites discharging to 303(d) listed waters is 
considerate of the Unfunded Mandates Reform Act.
    One commenter was confused about the pollutant to look for in the 
EPA Approved 303(d) list. In one Federal Register, the pollutant which 
triggered monitoring was silt and/or sediment and in the other it was 
total suspended solids. At this point the 303(d) list expresses 
impairment due to solids as the pollutant total suspended solids. So, 
TSS is the one which currently triggers monitoring. However, should 
subsequent approved lists contain other indicators of solids 
transportation to the receiving waters, those parameters would trigger 
the monitoring requirements as well.
    Several commenters proposed the delay of the issuance of the 
modification which requires monitoring until the Total Maximum Daily 
Load (TMDL) management proposal is finalized. One commenter believes 
that the EPA's proposal for managing TMDLs to impaired waters would be 
sufficient to assess the contribution of solids in the discharges of 
storm water runoff from construction activities to waters of the United 
States which are impaired because of TSS, turbidity, silt or 
sedimentation. And another commenter suggested that monitoring in the 
general permit to determine Best Management Practice (BMP) 
effectiveness is premature. While it may be true that the TMDL program 
may adequately assess the over arching contribution from such 
facilities, it cannot assess an individual facility's contribution and 
whether or not the discharges from a particular facility cause or 
contribute to the further impairment of the receiving water. And while 
other EPA efforts are ongoing to set national standards, effluent 
guidelines and design criteria do not prevent mishaps and the improper 
instillation and maintenance of BMPs. In addition, the Clean Water Act 
(1987, as amended) and 40 CFR Part 122

[[Page 25126]]

compels EPA to address the site specific discharges of pollutants to 
waters of the U.S. and particularly the discharges of a pollutant to 
waters impaired because of that pollutant. EPA continues to believe 
that including conditions in the general permit addressing the 
discharges of solids to waters impaired because of solids is the least 
burden on the regulated community and on EPA while remaining consistent 
with the requirements of the CWA.
    On this point, the commenters, believe that the proposed monitoring 
conditions would be inadequate to determine the effect on an impaired 
water of solids in the storm water discharge. One commenter suggested 
that the nebulous difference between point and non-point source 
discharges under EPA's wet weather programs made monitoring ineffective 
in determining whether or not a discharge causes or contributes to the 
impairment of a water body. EPA reserves the right to terminate 
coverage under the general permit for facilities which demonstrate that 
the discharges from the site have the reasonable potential to cause or 
contribute to the impairment in the listed water body. In such a case, 
EPA may at its discretion require the permittee to cease discharging to 
the impaired water body or to apply for an individual permit so that 
facility specific discharge limitations and pollution prevention plan 
requirements could be established. Non-point source contributions of 
sediments are addressed under Section 319 of the Clean Water Act.

X. Section 401 Certification

    Certification of the proposed permit modification was requested 
from the State of Florida by letter dated January 22, 1999. The Florida 
Department of Environmental Protection (FDEP) waived certification of 
the proposed permit modification via a letter dated July 13, 1999. The 
State did include comments on the permit modification in the waiver 
letter. Certification of the proposed permit was requested from the 
Miccosukee Tribe of Indians of Florida by letter dated June 23, 1997. 
Certification of the proposed permit is deemed waived in accordance 
with the provisions of 40 CFR 124.53(c). Certification of the proposed 
permit modification was requested from the Seminole Tribe of Florida by 
letter dated February 8, 1999. The Seminole Tribe of Florida provided 
certification of the proposed permit modification via a letter dated 
April 15, 1999.

XI. Official Signatures

    Accordingly, I hereby certify pursuant to the provisions of the 
Regulatory Flexibility Act, that this permit will not have a 
significant impact on a substantial number of small entities.

    Authority: Clean Water Act, 33 U.S.C 1251 et seq.

    Dated: April 20, 2000.
John H. Hankinson, Jr.,
Regional Administrator, Region 4.

Appendix A

    From the effective date of this permit, applicants are to use 
the existing Notice of Intent form (EPA 3510-9, published in the 
March 6, 1998 Federal Register, 63 FR 11253) referenced in this 
Appendix to obtain permit coverage. According to the provisions in 
Part II.B. of this permit, applicants are reminded that they are 
certifying that they meet all eligibility requirements of Part I.B. 
of this permit and are informing the Director of their intent to be 
covered by, and comply with, those terms and conditions. These 
conditions include certifications that the applicant's storm water 
discharges and storm water-related discharge activities will not 
adversely affect listed endangered or threatened species, their 
critical habitat, or places either listed or eligible for listing on 
the National Register of Historic Places.

Appendix B

    From the effective date of this permit, permittees are to use 
the existing Notice of Termination form (EPA Form 3510-7) contained 
in this Addendum until they are instructed by the Director (EPA) to 
use a revised version. Permittees are to complete, sign and submit 
the form in accordance with Part VII.G of the permit when 
terminating permit coverage at a construction project when one or 
more or the conditions contained in Part IX have been met.

Appendix C--Endangered Species Guidance

I. Instructions

    A list of species that EPA has determined may be affected by the 
activities covered by the construction general permit will be 
included in the final issued permit. These species will be listed by 
county. In order to get construction general permit coverage, 
applicants must:
    <bullet> Indicate in the box provided on the NOI whether any 
species listed in this Appendix are in proximity to the facility, 
and
    <bullet> Certify pursuant to Section I.B.3.e. of the 
construction general permit that their storm water discharges, and 
BMPs constructed to control storm water runoff, are not likely, and 
will not be likely to adversely affect species identified in 
Appendix C of this permit. The species list can be found in the 
March 31, 1998 Federal Register notice (63 FR 15621) or at the 
following web site: http://www.epa.gov/owm/esalst2.htm
To do this, please follow steps 1 through 4 below.

Step 1: Review the County Species List Below to Determine if Any 
Species are Located in the Discharging Facility County

    If the facility is within one (1) mile of the county line, a 
review of the bordering county's list must be made a well to 
determine the presence of species. If no species are listed in a 
facility's county, or adjacent county as mentioned in the previous 
sentence, or if a facility's county is not found on the list, an 
applicant is eligible for construction general permit coverage and 
may indicate in the NOI that no species are found in proximity and 
provide the necessary certification. If species are located in the 
county, or in the adjacent county as mentioned above, follow step 2 
below. Where a facility is located in more than one county, the 
lists for all counties should be reviewed.

Step 2: Determine if any Species May Be Found ``In Proximity'' to the 
Facility

    A species is in proximity to a facility's storm water discharge 
when the species is:
    <bullet> Located in the path or immediate area through which or 
over which contaminated point source storm water flows from 
industrial activities to the point of discharge into the receiving 
water.
    <bullet> Located in the immediate vicinity of, or nearby, the 
point of discharge into receiving waters.
    <bullet> Located in the area of a site where storm water BMPs 
are planned or are to be constructed.
    The area in proximity to be searched/surveyed for listed species 
will vary with the size of the facility, the nature and quantity of 
the storm water discharges, and the type of receiving waters. Given 
the number of facilities potentially covered by the construction 
general permit, no specific method to determine whether species are 
in proximity is required for permit coverage under the construction 
general permit. Instead, applicants should use the method or methods 
which best allow them to determine to the best of their knowledge 
whether species are in

[[Page 25127]]

proximity to their particular facility. These methods may include:
    <bullet> Conducting visual inspections: This method may be 
particularly suitable for facilities that are smaller in size, 
facilities located in non-natural settings such as highly urbanized 
areas or industrial parks where there is little or no nature 
habitat; and facilities that discharge directly into municipal storm 
water collection systems. For other facilities, a visual survey of 
the facility site and storm water drainage areas may be insufficient 
to determine whether species are likely to be located in proximity 
to the discharge.
    <bullet> Contacting the nearest State Wildlife Agency or U.S. 
Fish and Wildlife Service (FWS) or National Marine Fisheries Service 
(NMFS) offices. Many endangered and threatened species are found in 
well-defined areas or habitats. That information is frequently known 
to state or federal wildlife agencies. FWS has offices in every 
state. NMFS has a regional office in St. Petersburg, Florida.
    <bullet> Contacting local/regional conservation groups. These 
groups inventory species and their locations and maintain lists of 
sightings and habitats.
    <bullet> Conducting a formal biological survey. Larger 
facilities with extensive storm water discharges may choose to 
conduct biological surveys as the most effective way to assess 
whether species are located in proximity and whether there are 
likely adverse effects.
    If no species are in proximity, an applicant is eligible for 
construction general permit coverage and may indicate that in the 
NOI and provide the necessary certification. If listed species are 
found in proximity to a facility, applicants must follow step 3 
below.

Step 3: Determine if Species Could be Adversely Affected by the 
Facility's Storm Water Discharges or by BMPS to Control Those 
Discharges

    Scope of Adverse Effects: Potential adverse effects from storm 
water include:
    <bullet> Hydrological. Storm water may cause siltation, 
sedimentation or induce other changes in the receiving waters such 
as temperature, salinity or pH. These effects will vary with the 
amount of storm water discharged and the volume and condition of the 
receiving water. Where a storm water discharge constitutes a minute 
portion of the total volume of the receiving water, adverse 
hydrological effects are less likely.
    <bullet> Habitat. Storm water may drain or inundate listed 
species habitat.
    <bullet> Toxicity. In some cases, pollutants in storm water may 
have toxic effects on listed species.
    The scope of effects to consider will vary with each site. 
Applicants must also consider the likelihood of adverse effects on 
species from any BMPs to control storm water. Most adverse impacts 
from BMPs are likely to occur from the construction activities.
    Using earlier ESA authorizations for construction general permit 
eligibility: In some cases, a facility may be eligible for 
construction general permit coverage because actual or potential 
adverse affects were addressed or discounted through an earlier ESA 
authorization. Examples of such authorization include:
    <bullet> An earlier ESA section 7 consultation for that 
facility.
    <bullet> A section 10(a) permit issued for the facility.
    <bullet> An area-wide Habitat Conservation Plan applicable to 
that facility.
    <bullet> A clearance letter from the Services (which discounts 
the possibility of an adverse impacts from the facility).
    In order for applicants to use an earlier ESA authorization to 
meet eligibility requirements: (1) The authorization must adequately 
address impacts for storm water discharges and BMPs from the 
facility on endangered and threatened species, (2) it must be 
current because there have been no subsequent changes in facility 
operations or circumstances which might impact species in ways not 
considered in the earlier authorization, and (3) the applicant must 
comply with any requirements from those authorizations to avoid or 
mitigate adverse effects to species. Applicants who wish to pursue 
this approach should carefully review documentation for those 
authorizations ensure that the above conditions are met.
    If adverse effects are not likely, an applicant is eligible for 
construction general permit coverage and may indicate in the NOI 
that species are found in proximity and provide the necessary 
certification. If adverse effects are likely, follow step 4 below.

Step 4: Determine if Measures Can be Implemented to Avoid any Adverse 
Effects

    If an applicant determines that adverse effects are likely, it 
can receive coverage if appropriate measures are undertaken to avoid 
or eliminate any actual or potential adverse affects prior to 
applying for permit coverage. These measures may involve relatively 
simple changes to facility operations such as re-routing a storm 
water discharge to bypass an area where species are located.
    At this stage, applicants may wish to contact the FWS and/or 
NMFS to see what appropriate measures might be suitable to avoid or 
eliminate adverse impacts to species.
    If applicants adopt these measures, they must continue to abide 
by them during the course of permit coverage.
    If appropriate measures are not available, the applicant is not 
eligible at that time for coverage under the construction general 
permit. Applicants should contact the appropriate EPA regional 
office about either:
    <bullet> Entering into Section 7 consultation in order to obtain 
construction general permit coverage, or
    <bullet> Obtaining an individual NPDES storm water permit.

Appendix D--Discharging to Impaired Waters Guidance

I. Instructions

For Facilities in Florida

    In order to get coverage under this NPDES permit for storm water 
discharges from construction sites, applicants must determine if the 
facility discharges to waters listed on the EPA approved 303(d) list 
for impairment due to Total Suspended Solids.

For Facilities on Indian Country Lands

    In order to get coverage under this NPDES permit for storm water 
discharges from construction sites, applicants must determine if the 
facility discharges to waters impaired for either TSS, turbidity, 
silt or sediment. It is incumbent upon the applicant to contact the 
Environmental Coordinator of the Tribe on whose lands the discharge 
occurs if you are unsure whether or not the facility will be 
discharging to impaired waters for either of the above referenced 
parameters.

Next Steps

    For all facilities, if the determination is made that you will 
be discharging waters impaired because of either TSS, turbidity, 
silt or sediment, the facility must comply with the terms and 
conditions of Part III.C. of the permit.

[[Page 25128]]



                                      Appendix E--EPA Approved 303(d) List
----------------------------------------------------------------------------------------------------------------
              HUC name                     Water segment          MAPID         WBID      Parameters of concern
----------------------------------------------------------------------------------------------------------------
ALAFIA RIVER........................  TURKEY CK AB LTL ALAFI.           24        1578B  Coliforms, Nutrients,
                                                                                          Turbidity.
ALAFIA RIVER........................  POLEY CREEK............           25         1583  Coliforms, Nutrients,
                                                                                          Turbidity.
APALACHICOLA RIVER..................  APALACHICOLA RIVER.....           10         375D  Turbidity.
APALACHICOLA RIVER..................  GREGORY MILL CREEK.....           13         1135  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids.
APALACHICOLA RIVER..................  EQUILOXIC CREEK........           14        1109A  Dissolved Oxygen,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
APALACHICOLA RIVER..................  LITTLE GULLY CREEK.....           15         1039  Coliforms, Dissolved
                                                                                          Oxygen, Turbidity.
APALACHICOLA RIVER..................  FLAT CREEK.............           26          487  Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
BLACKWATER RIVER....................  BLACKWATER RIVER.......            4          24A  Total Suspended Solids,
                                                                                          Coliforms, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
BLACKWATER RIVER....................  EAST FORK..............           53          18A  Coliforms, Total
                                                                                          Suspended Solids.
BLACKWATER RIVER....................  MANNING CREEK..........           59          127  Coliforms, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids.
BLACKWATER RIVER....................  MARE CREEK.............           79           88  Dissolved Oxygen,
                                                                                          Turbidity.
BLACKWATER RIVER....................  BIG JUNIPER CREEK......           84           19  Coliforms, Turbidity.
BLACKWATER RIVER....................  BIG COLDWATER CREEK....           96           18  Coliforms, Total
                                                                                          Suspended Solids.
CHARLOTTE HARBOR....................  NO. PRONG ALLIGATOR CR.           30         2071  Dissolved Oxygen,
                                                                                          Coliforms, Turbidity.
CHIPOLA RIVER.......................  CHIPOLA RIVER (Dead                1          51A  Coliforms, Turbidity,
                                       Lakes).                                            Mercury (Based on Fish
                                                                                          Consumption Advisory).
CHOCTAWHATC HEE BAY.................  CHOCTAWHATC HEE BAY AB            24          78C  Biochemical Oxygen.
                                       C.                                                 Demand, Coliforms,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Mercury (Based
                                                                                          on Fish Consumption
                                                                                          Advisory).
CHOCTAWHATC HEE RIVER...............  CHOCTAWHATC HEE RIVER..            0          49E  Coliforms, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids.
CHOCTAWHATC HEE RIVER...............  BRUCE CREEK............           11          343  Coliforms, Turbidity.
CHOCTAWHATC HEE RIVER...............  CHOCTAWHATC HEE RIVER..           14           49  Coliforms, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Mercury (Based
                                                                                          on Fish Consumption
                                                                                          Advisory).
CHOCTAWHATC HEE RIVER...............  CAMP BRANCH............           21          251  Coliforms, Nutrients,
                                                                                          Turbidity.
CHOCTAWHATC HEE RIVER...............  CHOCTAWHATC HEE RIVER..           24          49F  Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
CHOCTAWHATC HEE RIVER...............  ALLIGATOR CREEK........           26          123  Coliforms, Biological
                                                                                          Oxygen Demand,
                                                                                          Dissolved Oxygen,
                                                                                          Nutrients, Turbidity
CHOCTAWHATC HEE RIVER...............  SIKES CREEK............           27          142  Coliforms, Dissolved
                                                                                          Oxygen, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity.
CHOCTAWHATC HEE RIVER...............  FISH BRANCH............           28          130  Coliforms, Dissolved
                                                                                          Oxygen, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity.
CRYSTAL RIVER TO ST. PETE...........  ST JOE CREEK...........            6        1668A  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand.
CRYSTAL RIVER TO ST. PETE...........  BONN CREEK.............            8        1668B  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Biochemical
                                                                                          Oxygen Demand.
ECONFINA-FENH OLLOWAY...............  ROCKY CREEK............            0         3489  Turbidity, Coliforms.
ECONFINA-FENH OLLOWAY...............  FENHOLLOWAY BL PULP....           14        3473B  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids, Un-
                                                                                          ionized Ammonia,
                                                                                          Biochemical Oxygen
                                                                                          Demand, Mercury (Based
                                                                                          on Fish Consumption
                                                                                          Advisory).
ESCAMBIA RIVER......................  SCAMBIA RIVER..........            2          10F  Coliforms, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
ESCAMBIA RIVER......................  ESCAMBIA RIVER.........            4          10E  Coliforms, Dissolved
                                                                                          Oxygen, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
ESCAMBIA RIVER......................  ESCAMBIA RIVER.........            6          10D  Coliforms, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
ESCAMBIA RIVER......................  PINE BARREN CREEK......           28            5  Coliforms, Turbidity.
ESCAMBIA RIVER......................  LITTLE PINE BARREN CR..           31           87  Coliforms, Turbidity.

[[Page 25129]]

 
ESCAMBIA RIVER......................  ESCAMBIA RIVER.........           42          10C  Coliforms, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
ESCAMBIA RIVER......................  BIG ESCAMBIA CREEK.....           43           10  Coliforms, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity.
HILLSBOROUGH RIVER..................  TWO HOLE BRANCH........            0         1489  Nutrients, Turbidity,
                                                                                          Biochemical Oxygen
                                                                                          Demand, Coliforms.
HILLSBOROUGH RIVER..................  SPARKMAN BRANCH........            2         1561  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
HILLSBOROUGH RIVER..................  HILLSBOROUGH RIVER.....            5       1443 A  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids, Mercury (Based
                                                                                          on Fish Consumption
                                                                                          Advisory).
HILLSBOROUGH RIVER..................  BAKER CREEK............           10        1522C  Dissolved Oxygen,
                                                                                          Coliforms, Lead,
                                                                                          Nutrients, Turbidity.
HILLSBOROUGH RIVER..................  COW HOUSE CREEK........           17         1534  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
HILLSBOROUGH RIVER..................  FLINT CREEK............           18        1522A  Dissolved Oxygen,
                                                                                          Coliforms, Lead,
                                                                                          Nutrients, Turbidity,
                                                                                          Biochemical Oxygen
                                                                                          Demand.
HILLSBOROUGH RIVER..................  BLACKWATER CREEK.......           27         1482  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Biochemical
                                                                                          Oxygen Demand
HILLSBOROUGH RIVER..................  BIG DITCH..............           30         1469  Coliforms, Nutrients,
                                                                                          Turbidity.
HILLSBOROUGH RIVER..................  NEW RIVER..............           38         1442  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
INDIAN RIVER, SOUTH.................  FELSMERE CANAL.........           20         3136  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids.
INDIAN RIVER, SOUTH.................  NO. PRONG SEBASTIAN R..           26         3128  Dissolved Oxygen,
                                                                                          Copper, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
KISSIMMEE RIVER.....................  LAKE KISSIMMEE NORTH...           47        3183A  Nutrients, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
KISSIMMEE RIVER.....................  DEAD RIVER.............           55        1472C  Nutrients, Turbidity.
KISSIMMEE RIVER.....................  CANOE CREEK............           56         3181  Turbidity.
KISSIMMEE RIVER.....................  REEDY CREEK............           58        3170A  Nutrients, Turbidity.
KISSIMMEE RIVER.....................  REEDY CREEK............           66        3170C  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Coliforms.
KISSIMMEE RIVER.....................  BONNET CREEK...........           73        3170D  Nutrients, Turbidity.
KISSIMMEE RIVER.....................  SHINGLE CREEK..........           75        3169A  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Biochemical
                                                                                          Oxygen Demand.
MANATEE RIVER.......................  CEDAR CREEK............            3         1926  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids.
MANATEE RIVER.......................  BRADEN RIVER AB WARD L.            5         1914  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids.
MANATEE RIVER.......................  UNNAMED STREAM.........            8         1913  Dissolved Oxygen,
                                                                                          Coliforms, Total
                                                                                          Suspended Solids.
MANATEE RIVER.......................  GAMBLE CREEK...........           35         1819  Dissolved Oxygen,
                                                                                          Coliforms, Turbidity,
                                                                                          Nutrients.
MYAKKA RIVER........................  MYAKKA RIVER...........           44        1981B  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids.
MYAKKA RIVER........................  MUD LAKE SLOUGH........           46         1958  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
MYAKKA RIVER........................  OWEN CREEK.............           60         1933  Dissolved Oxygen,
                                                                                          Coliforms, Turbidity,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids.
NASSAU RIVER........................  LITTLE MILL CREEK......            0         2157  Turbidity, Coliforms,
                                                                                          Nutrients.
NASSAU RIVER........................  NASSAU RIVER...........           11        2148B  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Coliforms.
NASSAU RIVER........................  PLUMMER CREEK..........           16         2130  Nutrients, Turbidity,
                                                                                          Dissolved Oxygen,
                                                                                          Coliforms.
OCHLOCKONEE RIVER...................  OCHLOCKONEE RIVER......            9        1297B  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity.
OCHLOCKONEE RIVER...................  MEGGINNIS ARM RUN......           33          809  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand,
                                                                                          Dissolved Oxygen.

[[Page 25130]]

 
OCHLOCKONEE RIVER...................  HARBINWOOD ESTATES DN..           46          746  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand.
OCHLOCKONEE RIVER...................  LITTLE RIVER...........           51          424  Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
OCHLOCKONEE RIVER...................  JUNIPER CREEK..........           60          682  Coliforms, Nutrients,
                                                                                          Turbidity.
OCHLOCKONEE RIVER...................  OCHLOCKONEE RIVER......           88        1297F  Coliforms, Nutrients,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
OCHLOCKONEE RIVER...................  SWAMP CREEK............           94          427  Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
OKLAWAHA RIVER......................  DORA CANAL.............            0         2772  Nutrients, Turbidity,
                                                                                          Biochemical Oxygen
                                                                                          Demand.
OKLAWAHA RIVER......................  APOPKA MARSH...........           22         2856  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Un-ionized Ammonia.
OKLAWAHA RIVER......................  LAKE APOPKA OUTLET.....           25        2835A  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen.
OKLAWAHA RIVER......................  HELENA RUN.............           33         2832  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Un-ionized Ammonia,
                                                                                          Total Suspended.
OKLAWAHA RIVER......................  HAYNES CREEK REACH.....           43        2817A  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids,
OKLAWAHA RIVER......................  NONCONTRIBUTING AREA...           45         2809  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity.
OKLAWAHA RIVER......................  IRRIGATED FARM.........           47         2811  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity.
OKLAWAHA RIVER......................  OKLAWAHA RIV AB DAISY..           68        2740D  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Biochemical
                                                                                          Oxygen.
OKLAWAHA RIVER......................  DAISY CREEK............           90         2769  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Coliforms, Iron.
OKLAWAHA RIVER......................  OKLAWAHA R/SUNNYHILL...          111        2740F  Dissolved Oxygen,
                                                                                          Nutrients,
                                      .......................  ...........  ...........  Turbidity, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand, Coliforms.
OKLAWAHA RIVER......................  CROSS CREEK............          112         2754  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand.
PEACE RIVER.........................  PRAIRIE CREEK..........           20         1962  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity.
PEACE RIVER.........................  PEACE R AB JOSHUA CK...           30        1623C  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
PEACE RIVER.........................  LIMESTONE CREEK........           37         1921  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids.
PEACE RIVER.........................  PEACE R AB CHARLIE CK..           39        1623D  Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
PEACE RIVER.........................  PEACE R AB OAK CK......           41        1623E  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Mercury (Based
                                                                                          on Fish Consumption
                                                                                          Advisory).
PEACE RIVER.........................  WHIDDEN CREEK..........           61         1751  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Dissolved
                                                                                          Oxygen.
PEACE RIVER.........................  PEACE R AB BOWLEGS CK..           66        1623J  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
PEACE RIVER.........................  PEACE CR TRIB CANAL....           68         1613  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity. Total
                                                                                          Suspended Solids,
PEACE RIVER.........................  WEST WALES DRAINAGE CA.           71         1626  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity.
PEACE RIVER.........................  SADDLE CK BE L HANCOCK.           74        1623K  Dissolved Oxygen,
                                                                                          Coliforms, Un-ionized
                                                                                          Ammonia, Nutrients,
                                                                                          Turbidity, Total
PEACE RIVER.........................  WAHNETA FARMS DRAIN               81         1580  Dissolved Oxygen,
                                       CANAL.                                             Coliforms, Nutrients,
                                                                                          Turbidity.

[[Page 25131]]

 
PEACE RIVER.........................  BANANA LAKE CANAL......           92        1549A  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
PEACE RIVER.........................  LAKE LENA RUN..........           96        1501A  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
PEACE RIVER.........................  PEACE CREEK DR CANAL...           97         1539  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids,
PENSACOLA BAY.......................  PENSACOLA BAY..........            2         548E  Copper, Lead,
                                                                                          Biological Oxygen
                                                                                          Demand, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended.
PENSACOLA BAY.......................  JONES CREEK............            8         846A  Coliforms, Dissolved
                                                                                          Oxygen, Nutrients,
                                                                                          Turbidity.
PENSACOLA BAY.......................  JACKSON CREEK..........           14         846B  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids, Turbidity.
PENSACOLA BAY.......................  EAST RIVER BAY.........           18          701  Coliforms, Turbidity.
PENSACOLA BAY.......................  ESCAMBIA BAY (S).......           23         548B  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids, Turbidity.
PENSACOLA BAY.......................  ESCAMBIA BAY...........           36         548A  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids, Turbidity.
PENSACOLA BAY.......................  PACE MILL CREEK........           46          420  Coliforms, Dissolved
                                                                                          Oxygen, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity.
PERDIDO BAY.........................  EIGHTMILE CREEK........           21          624  Coliforms, Turbidity.
PERDIDO BAY.........................  ELEVENMILE CREEK.......           22          489  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand,
                                                                                          Dissolved Oxygen,
                                                                                          Coliforms, Un-ionized
                                                                                          Ammonia.
PERDIDO RIVER.......................  JACKS BRANCH...........           11          291  Coliforms, Dissolved
                                                                                          Oxygen, Turbidity.
PERDIDO RIVER.......................  BRUSHY CREEK...........           36            4  Coliforms, Dissolved
                                                                                          Oxygen, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity.
SARASOTA BAY........................  CLOWERS CREEK..........           41        1975A  Nutrients, Turbidity,
                                                                                          Coliforms.
SOUTHEAST FLORIDA COAST.............  E. HOLLOWAY CANAL......           48        3277B  Nutrients, Dissolved
                                                                                          Oxygen, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand, Coliforms.
SOUTHEAST FLORIDA COAST.............  S-7....................           70         3263  Dissolved Oxygen,
                                                                                          Mercury, Nutrients,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
SOUTHEAST FLORIDA COAST.............  WCA1 NORTH SECTOR......           83        3252C  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids.
SOUTHEAST FLORIDA COAST.............  CANAL E-4..............           93        3256D  Coliforms, Turbidity,
                                                                                          Nutrients.
SOUTHEAST FLORIDA COAST.............  N. NEW RIVER CANAL.....           94         3248  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Mercury (Based
                                                                                          on Fish Consumption
                                                                                          Advisory).
SOUTHEAST FLORIDA COAST.............  HILSSBORO CANAL........           95        3248A  Dissolved Oxygen,
                                                                                          Coliforms, Un-ionized
                                                                                          Ammonia, Nutrients,
                                                                                          Turbidity.
SOUTHEAST FLORIDA COAST.............  S-3....................           96         3251  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
SOUTHEAST FLORIDA COAST.............  WEST PALM BEACH CANAL..          102         3238  Dissolved Oxygen,
                                                                                          Coliforms, Un-ionized
                                                                                          Ammonia, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
SOUTHEAST FLORIDA COAST.............  715 FARMS..............          106         3247  Dissolved Oxygen, Un-
                                                                                          ionized Ammonia,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids.
SOUTHEAST FLORIDA COAST.............  EAST BEACH.............          109         3244  Dissolved Oxygen, Un-
                                                                                          ionized Ammonia,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids.
SOUTHEAST FLORIDA COAST.............  L-8....................          111         3233  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
SOUTHEAST FLORIDA COAST.............  SOUTH FORK ST. LUCIE...          133        3210B  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand, Coliforms.

[[Page 25132]]

 
ST JOHNS RIVER, LOWER...............  MILL BRANCH............           25         2592  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Biochemical
                                                                                          Oxygen Demand.
ST JOHNS RIVER, LOWER...............  WEST RUN INTERCEPTER D.           28         2569  Dissolved Oxygen, Iron,
                                                                                          Silver, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand.
ST JOHNS RIVER, LOWER...............  DOG BRANCH.............           34         2578  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Lead.
ST JOHNS RIVER, LOWER...............  RICE CREEK.............           36        2567A  Dissolved Oxygen, Iron,
                                                                                          Lead, Cadmium, Silver,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand.
ST JOHNS RIVER, LOWER...............  MILL CREEK.............           77         2460  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Iron.
ST JOHNS RIVER, LOWER...............  STJ RIV AB TROUT RIV...           87        2213D  Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
ST JOHNS RIVER, LOWER...............  SWIMMING PEN CREEK.....           94         2410  Nutrients, Lead,
                                                                                          Cadmium, Silver, Zinc,
                                                                                          Total Suspended
                                                                                          Solids.
ST JOHNS RIVER, LOWER...............  GROG BRANCH............           96         2407  Dissolved Oxygen,
                                                                                          Coliforms, Turbidity,
                                                                                          Iron, Total Suspended
                                                                                          Solids.
ST JOHNS RIVER, LOWER...............  JULINGTON CREEK........          115         2351  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
ST JOHNS RIVER, LOWER...............  GOODBYS CREEK..........          138         2326  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen.
ST JOHNS RIVER, LOWER...............  FISHING CREEK..........          145         2324  Dissolved Oxygen,
                                                                                          Copper, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids.
ST JOHNS RIVER, LOWER...............  BUTCHER PEN CREEK......          151         2322  Coliforms, Copper,
                                                                                          Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Dissolved
                                                                                          Oxygen.
ST JOHNS RIVER, LOWER...............  POTTSBURG CREEK........          170        2265B  Coliforms, Nutrients,
                                                                                          Copper, Turbidity.
ST JOHNS RIVER, LOWER...............  WILLS BRANCH...........          178         2282  Copper, Nutrients,
                                                                                          Turbidity, Total
                                                                                          Suspended Solids,
                                                                                          Dissolved Oxygen,
                                                                                          Coliforms.
ST JOHNS RIVER, LOWER...............  CEDAR RIVER............          181         2262  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Lead, Zinc,
                                                                                          Copper.
ST JOHNS RIVER, LOWER...............  MCCOY CREEK............          182        2262A  Lead, Copper, Zinc,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids.
ST JOHNS RIVER, LOWER...............  STJ RIV AB ICWW........          211        2213B  Coliforms, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids.
ST JOHNS RIVER, LOWER...............  STJ RIV AB DAMES PT....          212        2213C  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids.
ST JOHNS RIVER, LOWER...............  ORTEGA RIVER...........          221        2213P  Nutrients, Coliforms,
                                                                                          Lead, Copper, Total
                                                                                          Suspended Solids,
                                                                                          Dissolved Oxygen.
ST JOHNS RIVER, LOWER...............  STJ RIV AB MOUTH.......          224        2213A  Fluoride, Total
                                                                                          Suspended Solids.
ST JOHNS RIVER, LOWER...............  LITTLE TROUT RIVER.....          236         2206  Nutrients, Total
                                                                                          Suspended Solids.
ST JOHNS RIVER, UPPER...............  DRAINED FARMLAND.......           19         3140  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity.
ST JOHNS RIVER, UPPER...............  STJ RIV AB LK WASHINGT.           33        2893P  Dissolved Oxygen, Iron,
                                                                                          Lead, Nutrients,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
ST JOHNS RIVER, UPPER...............  STJ RIV AB LK POINSETT.           40        2893L  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
ST JOHNS RIVER, UPPER...............  LONG BRANCH............           52         3030  Dissolved Oxygen,
                                                                                          Coliforms, Iron,
                                                                                          Nutrients, Biochemical
                                                                                          Oxygen Demand,
                                                                                          Turbidity.
ST JOHNS RIVER, UPPER...............  RAVENNA PARK DITCHES...          108         2962  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Iron, Turbidity.
ST JOHNS RIVER, UPPER...............  STJ RIV AB WEKIVA R....          113        2893C  Dissolved Oxygen, Lead,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand.
ST JOHNS RIVER, UPPER...............  STJ RIV AB LAKE GEORGE.          123        2893Z  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids.

[[Page 25133]]

 
ST MARKS RIVER......................  MUNSON SLOUGH (ABOVE              15         807D  Dissolved Oxygen,
                                       LAKE).                                             Coliforms, Nutrients,
                                                                                          Turbidity.
ST MARKS RIVER......................  EAST DRAINAGE DITCH....           23          916  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand,
                                                                                          Coliforms.
ST MARKS RIVER......................  ST AUGUSTINE BRANCH....           28          865  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand,
                                                                                          Coliforms.
ST MARKS RIVER......................  CENTRAL DRAINAGE DITCH.           30          857  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand,
                                                                                          Chemical Oxygen
                                                                                          Demand, Coliforms.
ST MARKS RIVER......................  LAKE LAFAYETTE.........           31          756  Nutrients, Coliforms,
                                                                                          Turbidity.
ST MARKS RIVER......................  GODBY DITCH............           36          820  Nutrients, Turbidity,
                                                                                          Total Suspended
                                                                                          Solids, Biochemical
                                                                                          Oxygen Demand.
ST MARYS RIVER......................  ST. MARYS RIVER........           19        2097C  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Coliforms.
SUWANNEE RIVER, UPPER...............  ROARING CREEK..........            9         3392  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Turbidity.
SUWANNEE RIVER, UPPER...............  SWIFT CREEK............           15         3375  Dissolved Oxygen,
                                                                                          Nutrients, Total
                                                                                          Suspended Solids.
TAMPA BAY...........................  DELANEY CREEK..........           34         1605  Dissolved Oxygen,
                                                                                          Coliforms, Lead,
                                                                                          Nutrients, Turbidity,
                                                                                          Biochemical Oxygen
                                                                                          Demand.
TAMPA BAY...........................  YBOR CITY DRAIN........           39        1584A  Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand, Chemical
                                                                                          Oxygen Demand.
TAMPA BAY...........................  DIRECT RUNOFF TO BAY...           42         1603  Nutrients, Total
                                                                                          Suspended Solids,
                                                                                          Biochemical Oxygen
                                                                                          Demand, Chemical
                                                                                          Oxygen Demand.
TAMPA BAY...........................  SIXMILE CREEK..........           48        1536B  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Turbidity, Biochemical
                                                                                          Oxygen Demand.
TAMPA BAY...........................  ROCKY CREEK............           60         1507  Dissolved Oxygen,
                                                                                          Coliforms, Nutrients,
                                                                                          Total Suspended
                                                                                          Solids.
TAYLOR CREEK........................  CHANDLER HAMMOCK SLOUGH            6        3199B  Nutrients, Turbidity,
                                                                                          Dissolved Oxygen.
TAYLOR CREEK........................  TAYLOR CR..............            7         3205  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity.
WITHLACOOCHEE RIVER NORTH...........  JUMPING GULLY CREEK....            0         3318  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity.
WITHLACOOCHEE RIVER NORTH...........  WITHLACOOCHEE RIVER....            2         3315  Dissolved Oxygen,
                                                                                          Nutrients, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
YELLOW RIVER........................  YELLOW RIVER...........            1          30A  Dissolved Oxygen,
                                                                                          Turbidity, Mercury
                                                                                          (Based on Fish
                                                                                          Consumption Advisory).
YELLOW RIVER........................  TURKEY CREEK...........           14          117  Coliforms, Turbidity.
YELLOW RIVER........................  YELLOW RIVER...........           21           30  Coliforms, Turbidity,
                                                                                          Mercury (Based on Fish
                                                                                          Consumption Advisory).
----------------------------------------------------------------------------------------------------------------

Final Modification of the NPDES General Permit for Storm Water 
Discharges From Construction Activities Preface

Table of Contents

I. Coverage Under This Permit
II. Notice of Intent Requirements
III. Special Conditions, Management Practices, and Other Non-Numeric 
Limitations
IV. Unpaved Rural Roads
V. Storm Water Pollution Prevention Plans
VI. Retention of Records
VII. Standard Permit Conditions
VIII. Reopener Clause
IX. Termination of Coverage
X. Definitions

    The Clean Water Act (CWA) provides that storm water discharges 
associated with industrial activity from a point source (including 
discharges through a municipal separate storm sewer system) to waters 
of the United States are unlawful, unless authorized by a National 
Pollutant Discharge Elimination System (NPDES) permit. The terms 
``storm water discharge associated with industrial activity'', ``point 
source'' and ``waters of the United States'' are critical to 
determining whether a facility is subject to this requirement. Complete 
definitions of these terms are found in the definition section (Part X) 
of this permit. The following modifies the previously issued NPDES 
general permit for the discharges of storm water from construction 
activities.

Part I. Coverage Under This Permit

A. Permit Area

    The permit, except the parts listed below, covers all areas 
administered by Region 4:

All Indian Country Lands within the State of Alabama, except Part IV 
and

[[Page 25134]]

Part V.D.2.a.(1), NPDES Permit No. ALR10*##I
State of Florida, excluding Indian lands, NPDES Permit No. FLR10*###
All Indian Country Lands within the State of Florida, except Part IV 
and Part V.D.2.a.(1), NPDES Permit No. FLR10*##I
All Indian Country Lands within the State of Mississippi, except Part 
IV and Part V.D.2.a.(1), NPDES Permit No. MSR10*##I
All Indian Country Lands within the State of North Carolina, except 
Part IV and Part V.D.2.a.(1), NPDES Permit No. NCR10*##I

B. Eligibility

    1. This permit may authorize all discharges identified in the 
pollution prevention plan of storm water associated with industrial 
activity from construction sites (those sites or common plans of 
development or sale, including unpaved roads, that will result in the 
disturbance of five or more acres total land area or less than five 
acres if the Director designates the site under Section 402(p)(2)(e) of 
the CWA; henceforth referred to as storm water discharges from 
construction activities) occurring after the effective date of this 
permit (including discharges occurring after the effective date of this 
permit where the construction activity was initiated before the 
effective date of this permit), except for discharges identified under 
paragraph I.B.3.
    2. This permit may authorize storm water discharges from 
construction sites that are mixed with storm water discharges 
associated with industrial activity from industrial sources other than 
construction, where:
    a. The industrial source other than construction is located on the 
same site as the construction activity;
    b. Storm water discharges associated with industrial activity from 
the areas of the site where construction activities are occurring are 
in compliance with the terms of this permit; and
    c. Storm water discharges associated with industrial activity from 
the areas of the site where industrial activities other than 
construction are occurring (including storm water discharges from 
dedicated asphalt plants and dedicated concrete plants at the 
construction site) are in compliance with the terms, including 
applicable NOI or application requirements, of a different NPDES 
general permit or individual permit authorizing such discharges.
    3. Limitations on Coverage. The following storm water discharges 
from construction sites are not authorized by this permit:
    a. Storm water discharges associated with industrial activity that 
originate from the site after construction activities have been 
completed and the site has undergone final stabilization;
    b. Discharges that are mixed with sources of non-storm water, other 
than discharges identified in Part III.A of this permit which are in 
compliance with Part V.D.5 (non-storm water discharges) of this permit;
    c. Storm water discharges associated with construction activities 
that are subject to an existing NPDES individual or general permit or 
which are issued a permit in accordance with paragraph VII.N (requiring 
an individual permit or an alternative general permit) of this permit. 
Such discharges may be authorized under this permit after an existing 
permit expires, provided the existing permit did not establish numeric 
limitations for such discharges;
    d. Storm water discharges from construction sites that the Director 
(EPA) has determined to be or may reasonably be expected to be causing 
or contributing to a violation of a water quality standard;
    e. Storm water discharges from construction sites if the discharges 
may adversely affect a listed or proposed to be listed endangered or 
threatened species or its critical habitat;
    (1) All applicants must follow the procedures provided at Appendix 
C of this permit when applying for permit coverage.
    (2) A discharge of storm water associated with construction 
activity may be covered under this permit only if the applicant 
certifies that they meet at least one of the following criteria. 
Failure to continue to meet one of these criteria during the term of 
the permit will result in the storm water discharges associated with 
construction ineligible for coverage under this permit.
    (a) The storm water discharge(s), and the construction and 
implementation of Best Management Practices (BMPs) to control storm 
water runoff, are not likely to adversely affect species identified in 
Appendix C of this permit or critical habitat for a listed species; or
    (b) The applicant's activity has received previous authorization 
under Section 7 or section 10 of the Endangered Species Act and that 
authorization addressed storm water discharges and/or BMPS to control 
storm water runoff (e.g., developer included impact of entire project 
in consultation over a wetlands dredge and fill permit under Section 7 
of the Endangered Species Act); or
    (c) The applicant's activity was considered as part of a larger, 
more comprehensive assessment of impacts on endangered species under 
Section 7 or Section 10 of the Endangered Species Act that which 
accounts for storm water discharges and BMPs to control storm water 
runoff (e.g., where an area-wide habitat conservation plan and Section 
10 permit is issued which addresses impacts from construction 
activities including those from storm water, or a National 
Environmental Policy Act (NEPA) review is conducted which incorporates 
ESA Section 7 procedures); or
    (d) Consultation under Section 7 of the Endangered Species Act is 
conducted for the applicant's activity which results in either a no 
jeopardy opinion or a written concurrence on a finding of not likely to 
adversely affect; or
    (e) The applicant's activity was considered as part of a larger, 
more comprehensive site-specific assessment of impacts on endangered 
species by the owner or other operator of the site and that permittee 
certified eligibility under item (a), (b), (c), or (d) above (e.g. 
owner was able to certify no adverse impacts for the project as a whole 
under item (a), so the contractor can then certify under item (e)).
    (3) The applicant must comply with any terms and conditions imposed 
under the eligibility requirements of paragraphs (1)(a), (b), (c), (d), 
or (e) above to ensure that storm water discharges or BMPs to control 
storm water runoff are protective of listed endangered and threatened 
species and/or critical habitat. Such terms and conditions must be 
incorporated in the applicant's storm water pollution prevention plan.
    (4) For the purposes of conducting consultation to meet the 
eligibility requirements of paragraph (1)(d) above, applicants are 
designated as non-Federal representatives. See 50 CFR 402.08. However, 
applicants who choose to conduct consultation as a non-Federal 
representative must notify EPA and the appropriate Office of the Fish 
and Wildlife Service office in writing of that decision.
    (5) This permit does not authorize any ``taking'' (as defined under 
Section 9 of the Endangered Species Act) of endangered or threatened 
species.
    (6) This permit does not authorize any storm water discharges, nor 
require any BMPs to control storm water runoff, that are likely to 
jeopardize the continued existence of any species that are listed as 
endangered or threatened under the Endangered Species Act or result in 
the adverse modification or destruction of habitat that is designated 
as critical under the Endangered Species Act.

[[Page 25135]]

    f. Storm water discharges that would affect a property that is 
listed or is eligible for listing in the National Historic Register 
maintained by the Secretary of Interior may be in violation of the 
National Historic Preservation Act. A discharge of storm water 
associated with construction activity may be covered under this permit 
only if the applicant certifies that either:
    (1) The storm water discharge(s), and the construction and 
implementation of BMPs to control storm water runoff, do not affect a 
property that is listed or is eligible for listing in the National 
Historic Register maintained by the Secretary of Interior; or,
    (2) The applicant consults with the State Historic Preservation 
Officer (SHPO) or the Tribal Historic Preservation Officer (THPO) on 
the potential for adverse effects which results in a no effect finding; 
or
    (3) The applicant has obtained and is in compliance with a written 
agreement between the applicant and the SHPO or THPO that outlines all 
measures to be undertaken by the applicant to mitigate or prevent 
adverse effects to the historic property; or
    (4) The applicant agrees to implement and comply with the terms of 
a written agreement between another owner/operator (e.g., subdivision 
developer, property owner, etc.) and the SHPO or THPO that outlines all 
measures to be undertaken by operators on the site to mitigate or 
prevent adverse effects to the historic property; or
    (5) The applicant's activity was considered as part of a larger, 
more comprehensive site-specific assessment of effects on historic 
properties by the owner or other operator of the site and that 
permittee certified eligibility under item (1), (2), (3), or (4) above.
    g. Discharges of storm water associated with industrial activity 
from construction sites not specifically identified in the pollution 
prevention plan in accordance with Part V of this permit. Such 
discharges not identified in the plan are subject to the upset and 
bypass rules in Part VII of this permit.

C. Authorization

    1. A discharger must submit a Notice of Intent (NOI) in accordance 
with the requirements of Part II of this permit, using an NOI form 
provided by the Director (or a photocopy thereof), in order for storm 
water discharges from construction sites to be authorized to discharge 
under this general permit.\1\
---------------------------------------------------------------------------

    \1\ A copy of the approved NOI form is provided in Appendix A of 
this notice.
---------------------------------------------------------------------------

    2. Where a new operator is selected after the submittal of an NOI 
under Part II, a new NOI must be submitted by the operator in 
accordance with Part II, using an NOI form provided by the Director (or 
a photocopy thereof).
    3. Unless notified by the Director to the contrary, dischargers who 
submit an NOI in accordance with the requirements of this permit are 
authorized to discharge storm water from construction sites under the 
terms and conditions of this permit 2 days after the date that the NOI 
is postmarked. The Director may deny coverage under this permit and 
require submittal of an application for an individual NPDES permit 
based on a review of the NOI or other information (see Part VII.L of 
this permit).

Part II. Notice of Intent Requirements

A. Deadlines for Notification.

    1. Except as provided in paragraphs II.A.2, II.A.3, II.A.4, and 
II.A.5, individuals who intend to obtain coverage under this general 
permit for storm water discharges from a construction site (where 
disturbances associated with the construction project commence before 
the effective date of this permit), including unpaved rural roads, 
shall submit a Notice of Intent (NOI) in accordance with the 
requirements of this Part within 30 days of the effective date of this 
permit;
    2. Individuals who intend to obtain coverage under this general 
permit for storm water discharges from a construction site, including 
unpaved rural roads, where disturbances associated with the 
construction project commence after April 28, 2000, shall submit an NOI 
in accordance with the requirements of this Part, at least 2 days prior 
to the commencement of construction activities (e.g. the initial 
disturbance of soils associated with clearing, grading, excavation 
activities, or other construction activities). Prior to submitting this 
NOI, except for owners of facilities located within Indian country, as 
defined in 18 U.S.C. 1151, the owner of a storm water management system 
must receive a State of Florida storm water or environmental resource 
permit from either the Florida Department of Environmental Protection 
(FDEP) or a Florida Water Management District (FWMD);
    3. For storm water discharges from construction sites, including 
unpaved rural roads, where the operator changes (including projects 
where an operator is selected after an NOI has been submitted under 
Parts II.A.1 or II.A.2), an NOI in accordance with the requirements of 
this Part shall be submitted at least 2 days prior to when the operator 
commences work at the site; and
    4. EPA will accept an NOI in accordance with the requirements of 
this Part after the dates provided in Parts II.A.1, 2 or 3 of this 
permit. EPA shall, in such instances, use its discretion in initiating 
any appropriate enforcement actions.
    5. Applicants who have submitted a completed NOI for coverage under 
the administratively continued previous general permit, issued 
September 25, 1992 (57 FR 44412), or applicants who have submitted a 
completed NOI for coverage under the general permit after its 
expiration shall automatically receive coverage under today's permit. 
If the applicant cannot certify that they meet all applicable 
eligibility requirements of Part I.B of today's permit or cannot be 
covered by, or comply with, the terms and conditions of this permit, 
then the applicant shall notify the director, in accordance with the 
requirements of Part IX of this permit, within 90 days of the effective 
date of this permit.

B. Contents of Notice of Intent

    Notices of Intent, as referenced in Appendix A, submitted to the 
permit issuing authority shall be signed in accordance with Part VII.G 
of this permit by all of the entities identified in Part II.B.2. The 
NOI shall include the following information:
    1. The mailing address, and location (including the county) of the 
construction site for which the notification is submitted. Where a 
mailing address for the site is not available, the location of the 
approximate center of the site must be described in terms of the 
latitude and longitude to the nearest 15 seconds, or the section, 
township and range to the nearest quarter section;
    2. The name, address and telephone number of the operator(s) with 
day to day operational control that have been identified at the time of 
the NOI submittal, and operator status as a Federal, State, private, 
public or other entity. Where multiple operators have been selected at 
the time of the initial NOI submittal, NOIs must be attached and 
submitted in the same envelope. When an additional operator submits an 
NOI for a site with a existing NPDES permit, the NOI for the additional 
operators must indicate the number for the existing NPDES permit;
    3. The location of the first outfall in latitude and longitude to 
the nearest 15 seconds and the name of the receiving water(s) into 
which that outfall discharges, or if the discharge is through a 
municipal separate storm sewer, the

[[Page 25136]]

name of the municipal operator of the storm sewer and the ultimate 
receiving water(s). (All other outfalls must be listed in the pollution 
prevention plan as required by Part V.);
    4. The permit number of any NPDES permit(s) for any discharge(s) 
(including any storm water discharges or non-storm water discharges) 
from the site;
    5. An indication of whether the owner or operator has existing 
quantitative data which describes the concentration of pollutants in 
storm water discharges (existing data should not be included as part of 
the NOI); and
    6. An estimate of project start date and completion dates, 
estimates of the number of acres of the site on which soil will be 
disturbed, and a certification that a storm water pollution prevention 
plan has been prepared for the site in accordance with Part V of this 
permit. (A copy of the plans or permits should not be included with the 
NOI submission). For activities located in the State of Florida, the 
applicant shall submit a narrative statement certifying that the storm 
water pollution prevention plan for the facility provides compliance 
with approved State of Florida issued permits, erosion and sediment 
control plans and storm water management plans. The applicant shall 
also submit a copy of the cover page of the State permit issued by FDEP 
or a FWMD to the facility for the storm water discharges associated 
with construction activity.
    7. A certification that a storm water pollution prevention plan, 
including both construction and post-construction controls, has been 
prepared for the site in accordance with Part IV of this permit, and 
such plan provides compliance with approved State/Tribal and/or local 
sediment and erosion plans or permits and/or storm water management 
plans or permits in accordance with Part IV.D.2.d of this permit. (A 
copy of the plans or permits should not be included with the NOI 
submission). The applicant shall also submit a copy of the cover page 
of the State permit issued by FDEP or a FWMD to the facility for the 
storm water discharges associated with construction activity.
    8. Whether, based on the instructions in Appendix C, any species 
identified in Appendix C are in proximity to the storm water discharges 
covered by this permit or the BMPs to be used to comply with permit 
conditions.
    9. Under which section(s) of Part I.B.3.e.(2) (Endangered Species) 
and Part I.B.3.f. (Historical Preservation) the applicant is certifying 
eligibility.
    10. The following certifications shall be signed in accordance with 
Part VII.G.

    ``I certify, under penalty of law, that I have read and 
understand the Part I.B. eligibility requirements for coverage under 
the general permit for storm water discharges from construction 
activities, including those requirements relating to the protection 
of endangered species identified in Appendix C.''
    ``To the best of my knowledge the discharges covered under this 
permit, and the construction and operation of BMPs to control storm 
water runoff, are not likely to adversely affect any species 
identified in Appendix C of this permit, or are otherwise eligible 
for coverage under this permit, in accordance with Part I.B.3.e of 
the permit, due to previous authorization under the Endangered 
Species Act, or agreement to implement protective measures required 
by the Director as a condition of eligibility.''
    ``I further certify, to the best of my knowledge, that such 
discharges, and construction of BMPs to control storm water runoff, 
do not have an effect on properties listed or eligible for listing 
on the National Register of Historic Places under the National 
Historic Preservation Act, or are otherwise eligible for coverage, 
in accordance with Part I.B.3.f. of the permit, due to a previous 
agreement under the National Historic Preservation Act.''
    ``I understand that continued coverage under this storm water 
general permit is contingent upon maintaining eligibility as 
provided for in Part I.B.''

C. Where To Submit

    1. Facilities which discharge storm water associated with 
industrial activity must use an NOI form provided by the Director (or 
photocopy thereof). Currently, applicants may use the NOI form 
published in the September 29, 1995 Federal Register (60 FR 51265). The 
final version of the NOI form proposed in the June 2, 1997 Federal 
Register (62 FR 29785) shall be used when published in the Federal 
Register. Forms are also available by calling (404) 562-9296. NOIs must 
be signed in accordance with Part VII.G of this permit. NOIs are to be 
submitted to the Director of the NPDES program in care of the following 
address: Storm Water Notice of Intent (4203), 401 M Street, SW., Room 
2104, Northeast Mall, Washington, DC 20460.
    2. A copy of the NOI, or other indication that storm water 
discharges from the site are covered under an NPDES permit, and a brief 
description of the project shall be posted at the construction site in 
a prominent place for public viewing (such as alongside a building 
permit).

D. Additional Notification

    Facilities which are operating under approved State or local 
sediment and erosion plans, grading plans, or storm water management 
plans shall also submit signed copies of the Notice of Intent to the 
State or local agency approving such plans in accordance with the 
deadlines in Part II.A of this permit (or sooner where required by 
State or local rules). Facilities which discharge storm water 
associated with construction activities to a municipal separate storm 
water system within Broward, Dade, Duval, Escambia, Hillsborough, Lee, 
Leon, Manatee, Orange, Palm Beach, Pasco, Pinellas, Polk, Sarasota or 
Seminole Counties shall submit a copy of the NOI to the operator of the 
municipal separate storm sewer system. Included within these counties, 
the Florida Department of Transportation (FDOT), incorporated 
municipalities, and Chapter 298 Special Districts shall also be 
notified where they own or operate a municipal separate storm sewer 
system receiving storm water discharges associated with construction 
activity covered by this permit.

E. Permit Renewal

    If this general permit is not reissued prior to its expiration 
date, all facilities desiring to retain continued coverage shall submit 
another NOI form at least 180 days prior to the expiration of this 
permit. This submittal shall also satisfy the notification requirement 
to be covered under the reissued permit.

Part III. Special Conditions, Management Practices, and Other Non-
Numeric Limitations

A. Prohibition on Non-Storm Water Discharges

    1. Except as provided in paragraph I.B.2 and III.A.2, all 
discharges covered by this permit shall be composed entirely of storm 
water.
    2. a. Except as provided in paragraph III.A.2.(b), discharges of 
material other than storm water must be in compliance with an NPDES 
permit (other than this permit) issued for the discharge.
    b. The following non-storm water discharges may be authorized by 
this permit provided the non-storm water component of the discharge is 
in compliance with paragraph V.D.5 and the storm water management 
system is designed to accept these discharges and provide treatment of 
the non-storm water component sufficient to meet Florida water quality 
standards: Discharges from fire fighting activities; fire hydrant 
flushings; waters used to spray off loose solids from vehicles (waste 
waters from a more thorough cleaning, including the use of detergents 
or other cleaners is not authorized by this part) or control dust in 
accordance with Part V.D.2.c.(2); potable water sources including 
waterline flushings;

[[Page 25137]]

irrigation drainage; routine external building washdown which does not 
use detergents; pavement washwaters where spills or leaks of toxic or 
hazardous materials have not occurred (unless all spilled material has 
been removed) and where detergents are not used; air conditioning 
condensate; springs; and foundation or footing drains where flows are 
not contaminated with process materials such as solvents. Discharges 
resulting from ground water dewatering activities at construction sites 
are not covered by this permit. Applicants in the State of Florida 
seeking coverage for these discharges must contact the Florida 
Department of Environmental Protection.

B. Releases in Excess of Reportable Quantities

    1. The discharge of hazardous substances or oil in the storm water 
discharge(s) from a facility shall be prevented or minimized in 
accordance with the applicable storm water pollution prevention plan 
for the facility. This permit does not relieve the permittee of the 
reporting requirements of 40 CFR part 117 and 40 CFR part 302. Where a 
release containing a hazardous substance in an amount equal to or in 
excess of a reporting quantity established under either 40 CFR 117 or 
40 CFR 302, occurs during a 24-hour period:
    a. The permittee is required to notify the National Response Center 
(NRC) (800-424-8802 or for Region 4, 404-562-8702) in accordance with 
the requirements of 40 CFR 117 and 40 CFR 302 as soon as he or she has 
knowledge of the discharge;
    b. The permittee shall submit within 14 calendar days of knowledge 
of the release a written description of: The release (including the 
type and estimate of the amount of material released), the date that 
such release occurred, the circumstances leading to the release, and 
steps to be taken in accordance with Part III.B.3 of this permit to EPA 
Region 4 Office at the address provided in Part VI.C (addresses) of 
this permit; and
    c. The storm water pollution prevention plan required under Part V 
of this permit must be modified within 14 calendar days of knowledge of 
the release to: provide a description of the release, the circumstances 
leading to the release, and the date of the release. In addition, the 
plan must be reviewed to identify measures to prevent the reoccurrence 
of such releases and to respond to such releases, and the plan must be 
modified where appropriate.
    2. Spills. This permit does not authorize the discharge of 
hazardous substances or oil resulting from an on-site spill.

C. Discharges to Impaired Waters

    Facilities that have coverage under this general permit prior to 
its modification on July 1, 2000 shall be in compliance with Parts 
III.C.1. through 5. within 30 days of the effective date of this 
modification.
    Facilities that apply for coverage under the general permit after 
July 1, 2000 which discharge storm water from construction activities 
directly to waters of the United States which are listed on the EPA 
approved 303(d) list (or any subsequently approved list, hereafter 
referenced as EPA approved 303(d) list) for total suspended solids 
(TSS), or other indicators of solids transportation such as turbidity, 
siltation or sedimentation, see Appendix D, shall comply with the 
following:
    1. The permittee shall monitor by grab sample, during regular 
working hours, once per month within the first 30 minutes of a 
qualifying event or within the first 30 minutes of the beginning of the 
discharge of a previously collected qualifying event for Settleable 
Solids (ml/l), Total Suspended Solids (mg/l), Turbidity (NTUs) and Flow 
(MGD).
    2. Where the receiving water has flow upstream from the discharge, 
a background sample for Settleable Solids, Total Suspended Solids and 
Turbidity shall be taken instream at middepth and immediately upstream 
from the influence of the discharge of storm water from the site.
    3. The soil type and average slope of the drainage area for each 
outfall shall be reported with the Discharge Monitoring Report 
submitted in accordance with Part III.C.5. of the permit.
    4. A qualifying event for the purpose of this section is a rain 
event of 0.5 inches or greater in a 24-hour period.
    5. Data collected in accordance with Part III.C. of the permit 
shall be submitted to EPA once per month.
    This permit does not authorize the discharge of storm water, from 
construction activities, which causes or contributes to the impairment 
of the designated use of waters of the United States.

Part IV. Unpaved Rural Roads

    A. Applicability. The provisions of this part are applicable to the 
construction of roads, except roads constructed and associated with 
silviculture and agricultural activities as defined by 40 CFR Part 122, 
that disturb five (5) acres or more and will remain unpaved after 
construction is complete.
    B. Construction. In the State of Florida, construction of unpaved 
rural roads where the possibility of a point source discharge to 
surface waters exists, must all erosion and sediment controls and storm 
water management practices as needed to be consistent with the 
requirements set forth in State Water Policy (Chapter 62-40, FAC), the 
applicable storm water or environmental resource permitting 
requirements of the FDEP or appropriate FWMD, and the guidelines 
contained in the Florida Development Manual: A Guide to Sound Land and 
Water Management (FDEP, 1988) and any subsequent amendments.
    C. Notice of Termination. Where a site has been finally stabilized 
and all storm water discharges from construction activities that are 
authorized by this permit are eliminated (see Part IX.A.5. for the 
definition of eliminated), or where the operator of all storm water 
discharges at a facility changes, the operator of the facility may 
submit a Notice of Termination that is signed in accordance with Part 
VII.G of this permit.

Part V. Storm Water Pollution Prevention Plans

    A storm water pollution prevention plan shall be developed for each 
construction site covered by this permit. Storm water pollution 
prevention plans shall be prepared in accordance with good engineering 
practices. The plan shall identify potential sources of pollution which 
may reasonably be expected to affect the quality of storm water 
discharges from the construction site. In addition, the plan shall 
describe and ensure the implementation of practices which will be used 
to reduce the pollutants in storm water discharges associated with 
industrial activity at the construction site and to assure compliance 
with the terms and conditions of this permit. Facilities must implement 
the provisions of the storm water pollution prevention plan required 
under this part as a condition of this permit.

A. Deadlines for Plan Preparation and Compliance

    The plan shall:
    1. Be completed (including certifications required under Part V.E) 
prior to the submittal of an NOI to be covered under this permit and 
updated as appropriate;
    2. The plan shall provide for compliance with the terms and 
schedule of the plan beginning with the initiation of construction 
activities.

[[Page 25138]]

B. Signature and Plan Review

    1. The plan shall be signed in accordance with Part VII.G, and be 
retained on-site at the facility which generates the storm water 
discharge in accordance with Part V (retention of records) of this 
permit.
    2. The permittee shall submit plans to the State agency which 
issued the storm water or environmental resource permit referenced in 
Part II.B.6. and shall make plans available upon request to the 
Director; a State or local agency approving sediment and erosion plans, 
grading plans, or storm water management plans; or in the case of a 
storm water discharge associated with industrial activity which 
discharges through a municipal separate storm sewer system with an 
NPDES permit, to the municipal operator of the system.
    3. The Director may notify the permittee at any time that the plan 
does not meet one or more of the minimum requirements of this Part. 
Such notification shall identify those provisions of the permit which 
are not being met by the plan, and identify which provisions of the 
plan requires modifications in order to meet the minimum requirements 
of this Part. Within 7 days of such notification from the Director, (or 
as otherwise provided by the Director), or authorized representative, 
the permittee shall make the required changes to the plan and shall 
submit to the Director a written certification that the requested 
changes have been made.

C. Keeping Plans Current.

    The permittee shall amend the plan whenever there is a change in 
design, construction, operation, or maintenance, which has a 
significant effect on the potential for the discharge of pollutants to 
the waters of the United States, including the addition of or change in 
location of storm water discharge points, and which has not otherwise 
been addressed in the plan or if the storm water pollution prevention 
plan proves to be ineffective in eliminating or significantly 
minimizing pollutants from sources identified under Part V.D.2 of this 
permit, or in otherwise achieving the general objectives of controlling 
pollutants in storm water discharges associated with construction 
activity. In addition, the plan shall be amended to identify any new 
contractor and/or subcontractor that will implement a measure of the 
storm water pollution prevention plan (see Part V.E). Amendments to the 
plan shall be prepared, dated, and kept as separate documents from the 
original plan. The amendments to the plan may be reviewed by EPA in the 
same manner as Part V.B above. Amendments to the plan must be submitted 
to the State agency which issued the State storm water or environmental 
resource permit.

D. Contents of Plan

    The storm water pollution prevention plan shall include the 
following items:
    1. Site Description. Each plan shall provide a description of 
pollutant sources and other information as indicated:
    a. A description of the nature of the construction activity;
    b. A description of the intended sequence of major activities which 
disturb soils for major portions of the site (e.g. grubbing, 
excavation, grading);
    c. Estimates of the total area of the site and the total area of 
the site that is expected to be disturbed by excavation, grading, or 
other activities;
    d. An estimate of the runoff coefficient of the site before, during 
and after construction activities are completed using ``C'' from the 
Rational Method, and existing data describing the soil or the quality 
of any discharge from the site and an estimate of the size of the 
drainage area for each outfall;
    e. A site map indicating drainage patterns and approximate slopes 
anticipated after major grading activities, areas of soil disturbance, 
an outline of areas which may not be disturbed, the location of major 
structural and nonstructural controls identified in the plan, the 
location of areas where stabilization practices are expected to occur, 
surface waters (including wetlands), and locations where storm water is 
discharged to a surface water; and,
    f. The location in terms of latitude and longitude, to the nearest 
15 seconds, of each outfall, the name of the receiving water(s) for 
each outfall and the amount of any wetland acreage at the site.
    2. Controls. Each plan shall include a description of appropriate 
controls and measures that will be implemented at the construction 
site. The plan will clearly describe for each major activity identified 
in Part V.D.1.b appropriate control measures and the timing during the 
construction process that the measures will be implemented. (For 
example, perimeter controls for one portion of the site will be 
installed after the clearing and grubbing necessary for installation of 
the measure, but before the clearing and grubbing for the remaining 
portions of the site. Perimeter controls will be actively maintained 
until final stabilization of those portions of the site upward of the 
perimeter control. Temporary perimeter controls will be removed after 
final stabilization). All controls shall be consistent with the 
requirements set forth in the State Water Policy of Florida (Chapter 
62-40, Florida Administrative Code), the applicable storm water or 
environmental resource permitting requirements of the FDEP or 
appropriate FWMD, and the guidelines contained in the Florida 
Development Manual: A Guide to Sound Land and Water Management (FDEP, 
1988) and any subsequent amendments. The description and implementation 
of controls shall address the following minimum components:
    a. Erosion and Sediment Controls. (1) Stabilization Practices. A 
description of interim and permanent stabilization practices, including 
site-specific scheduling of the implementation of the practices. Site 
plans should ensure that existing vegetation is preserved where 
attainable and that disturbed portions of the site are stabilized. 
Stabilization practices may include: temporary seeding, permanent 
seeding, mulching, geotextiles, sod stabilization, vegetative buffer 
strips, protection of trees, preservation of mature vegetation, and 
other appropriate measures. A record of the dates when major grading 
activities occur, when construction activities temporarily or 
permanently cease on a portion of the site and when stabilization 
measures are initiated shall be included in the plan. Stabilization 
measures shall be initiated as soon as practicable, but in no case more 
than 14 days, in portions of the site where construction activities 
have temporarily or permanently ceased.
    (2) Structural Practices. A description of structural practices, to 
divert flows from exposed soils, store flows or otherwise limit runoff 
and the discharge of pollutants from exposed areas of the site; and in 
the State of Florida, in accordance with the requirements set forth in 
Section 62-40, 420, FAC, and the applicable storm water or 
environmental resource regulations of the FDEP or appropriate FWMD. 
Such practices may include silt fences, earth dikes, drainage swales, 
sediment traps, check dams, subsurface drains, pipe slope drains, level 
spreaders, storm drain inlet protection, rock outlet protection, 
reinforced soil retaining systems, gabions, and temporary or permanent 
sediment basins. Structural practices should be placed on upland soils 
unless a State of Florida wetland resource management permit or 
environmental resource permit issued pursuant to Chapters 373 or 403, 
FS, and applicable regulations of the FDEP or FWMD authorize otherwise. 
The

[[Page 25139]]

installation of these devices may be subject to Section 404 of the CWA.
    (a) For common drainage locations that serve an area with more than 
10 disturbed acres at one time, a temporary (or permanent) sediment 
basin providing 3,600 cubic feet of storage per acre drained, or 
equivalent control measures, shall be provided where attainable until 
final stabilization of the site. The 3,600 cubic feet of storage area 
per acre drained does not apply to flows from offsite areas and flows 
from onsite areas that are either undisturbed or have undergone final 
stabilization where such flows are diverted around both the disturbed 
area and the sediment basin. For drainage locations which serve more 
than 10 disturbed acres at one time and where a temporary sediment 
basin providing 3,600 cubic feet of storage per acre drained, or 
equivalent controls are not attainable, smaller sediment basins and/or 
sediment traps should be used. At a minimum, silt fences, or equivalent 
sediment controls are required for all sideslope and downslope 
boundaries of the construction area.
    (b) For drainage locations serving less than 10 acres, sediment 
basins and/or sediment traps should be used. At a minimum, silt fences 
or equivalent sediment controls are required for all sideslope and 
downslope boundaries of the construction area unless or a sediment 
basin providing storage for 3,600 cubic feet of storage per acre 
drained is provided.
    b. Storm Water Management. A description of measures that will be 
installed during the construction process to control pollutants in 
storm water discharges that will occur after construction operations 
have been completed. In the State of Florida, the description of 
controls shall be consistent with the requirements set forth in the 
State Water Policy of Florida (Chapter 62-40, FAC), the applicable 
storm water or environmental resource permitting regulations of the 
guidelines contained in the Florida Development Manual: A Guide to 
Sound Land and Water Management (FDEP, 1988), and any subsequent 
amendments. Structural measures should be placed on upland soils unless 
a State of Florida wetland resource management permit or environmental 
resource permit issued pursuant to Chapters 373 or 403, FS, and 
applicable regulations of the FDEP or FWMD authorize otherwise. The 
installation of these devices may be subject to Section 404 of the CWA. 
This NPDES permit only addresses the installation of storm water 
management measures, and not the ultimate operation and maintenance of 
such structures after the construction activities have been completed 
and the site has undergone final stabilization. Permittees are only 
responsible for the installation and maintenance of storm water 
management measures prior to final stabilization of the site, and are 
not responsible for maintenance after storm water discharges associated 
with industrial activity have been eliminated from the site. However, 
all storm water management systems shall be operated and maintained in 
perpetuity after final stabilization in accordance with requirements 
set forth in the State of Florida storm water or environmental resource 
permit issued for the site.
    (1) Such practices may include: Storm water detention structures 
(including wet ponds); storm water retention structures; flow 
attenuation by use of open vegetated swales and natural depressions; 
infiltration of runoff onsite; and sequential systems (which combine 
several practices). In the State of Florida, pursuant to the 
requirements of section 62-40.432, FAC, the storm water management 
system shall be designed to remove at least 80 percent of the average 
annual load of pollutants which cause or contribute to violations of 
water quality standards ( 95 percent if the system discharges to an 
Outstanding Florida Water). The pollution prevention plan shall include 
an explanation of the technical basis used to select the practices to 
control pollution where flows exceed predevelopment levels.
    (2) Velocity dissipation devices shall be placed at discharge 
locations and along the length of any outfall channel for the purpose 
of providing a non-erosive velocity flow from the structure to a water 
course so that the natural physical and biological characteristics and 
functions are maintained and protected (e.g. no significant changes in 
the hydrological regime of the receiving water). Equalization of the 
predevelopment and post-development storm water peak discharge rate and 
volume shall be a goal in the design of the post-development storm 
water management system.
    c. Other Controls. (1) Waste Disposal. No solid materials, 
including building materials, shall be discharged to waters of the 
United States, except as authorized by a Section 404 permit and by a 
State of Florida wetland resource management permit or environmental 
resource permit issued pursuant to chapters 373 or 403, FS, and the 
applicable regulations of the FDEP or FWMD.
    (2) Off-site vehicle tracking of sediments and the generation of 
dust shall be minimized.
    (3) The plan shall ensure and demonstrate compliance with 
applicable State and/or local waste disposal, sanitary sewer or septic 
system regulations.
    (4) The plan shall address the proper application rates and methods 
for the use of fertilizers and pesticides at the construction site and 
set forth how these procedures will be implemented and enforced. 
Nutrients will be applied only at rates necessary to establish and 
maintain vegetation such that discharges will not cause or contribute 
to violations of State surface or ground water quality standards.
    (5) The plan shall ensure that the application, generation, and 
migration of toxic substances are limited and that toxic materials are 
properly stored and disposed.
    d. Approved State or Local Plans. (1) Facilities which discharge 
storm water associated with construction activity must include in their 
storm water pollution prevention plan procedures and requirements 
specified in applicable sediment and erosion site plans or site 
permits, or storm water management site plans or site permits approved 
by State, Tribal or local officials. Permittees shall provide a 
certification in their storm water pollution prevention plan that their 
storm water pollution prevention plan reflects requirements applicable 
to protecting surface water resources in sediment and erosion site 
plans or site permits, or storm water management site plans or site 
permits approved by State, Tribal or local officials. Permittees shall 
comply with any such requirements during the term of the permit. This 
provision does not apply to provisions of master plans, comprehensive 
plans, non-enforceable guidelines or technical guidance documents that 
are not identified in a specific plan or permit that is issued for the 
construction site.
    (2) Storm water pollution prevention plans must be amended to 
reflect any change applicable to protecting surface water resources in 
sediment and erosion site plans or site permits, or storm water 
management site plans or site permits, approved by State or local 
officials, for which the permittee receives written notice. Where the 
permittee receives such written notice of a change, the permittee shall 
provide a recertification in the storm water pollution plan that the 
storm water pollution prevention plan has been modified to address such 
changes.
    (3) Dischargers seeking alternative permit requirements shall 
submit an individual permit application in accordance with Part VII.L 
of the permit

[[Page 25140]]

at the address indicated in Part V.C of this permit for the appropriate 
Regional Office, along with a description of why requirements in 
approved State or local plans or permits, or changes to such plans or 
permits should not be applicable as a condition of an NPDES permit.
    3. Maintenance. A description of procedures to ensure the timely 
maintenance of vegetation, erosion and sediment controls and other 
protective measures identified in the site plan.
    4. Inspections. Qualified personnel (one who is provided by the 
discharger and who has completed the Florida Storm water, Erosion and 
Sediment Control Training and Certification Program for Inspectors and 
Contractors and who has passed the examination) shall inspect all 
points of discharge into waters of the United States or to a municipal 
separate storm sewer system and all disturbed areas of the construction 
site that have not been finally stabilized, areas used for storage of 
materials that are exposed to precipitation, structural control 
measures, structural control measures, and locations where vehicles 
enter or exit the site at least once every seven calendar days and 
within 24 hours of the end of a storm that is 0.25 inches or greater. 
Where sites have been finally stabilized; such inspection shall be 
conducted at least once every month.
    a. Disturbed areas and areas used for storage of materials that are 
exposed to precipitation shall be inspected for evidence of, or the 
potential for, pollutants entering the storm water system. The storm 
water management system and erosion and sediment control measures 
identified in the plan shall be observed to ensure that they are 
operating correctly. In the State of Florida, where discharge locations 
or points are accessible, they shall be inspected to ascertain whether 
erosion control measures are effective in meeting the performance 
standards set forth in State Water Policy (chapter 62-40, FAC) and the 
applicable storm water or environmental resource permitting regulations 
of the FDEP or appropriate FWMD. Locations where vehicles enter or exit 
the site shall be inspected for evidence of offsite sediment tracking.
    b. Based on the results of the inspection, the site description 
identified in the plan in accordance with paragraph V.D.1 of this 
permit and pollution prevention measures identified in the plan in 
accordance with paragraph V.D.2 of this permit shall be revised as 
appropriate, but in no case later than 7 calendar days following the 
inspection. Such modifications shall provide for timely implementation 
of any changes to the plan within 7 calendar days following the 
inspection.
    c. A report summarizing the scope of the inspection, name(s) and 
qualifications of personnel making the inspection, the date(s) of the 
inspection, major observations relating to the implementation of the 
storm water pollution prevention plan, and actions taken in accordance 
with paragraph V.D.4.b of the permit shall be made and retained as part 
of the storm water pollution prevention plan for at least three years 
from the date that the site is finally stabilized. Such reports shall 
identify any incidents of non-compliance. Where a report does not 
identify any incidents of non-compliance, the report shall contain a 
certification that the facility is in compliance with the storm water 
pollution prevention plan and this permit. The report shall be signed 
in accordance with Part VII.G of this permit.
    5. Non-Storm Water Discharges--Except for flows from fire fighting 
activities, sources of non-storm water listed in Part III.A.2 of this 
permit that are combined with storm water discharges associated with 
construction activity must be identified in the plan. The plan shall 
identify and ensure the implementation of appropriate pollution 
prevention measures for the non-storm water component(s) of the 
discharge.

E. Contractors

    1. The storm water pollution prevention plan must clearly identify, 
for each measure identified in the plan, the contractor(s) and/or 
subcontractor(s) that will implement the measure. All contractors and 
subcontractors identified in the plan must sign a copy of the 
certification statement in Part V.E.2 of this permit in accordance with 
Part VII.G of this permit. All certifications must be included in the 
storm water pollution prevention plan.
    2. Certification Statement. All contractors and subcontractors 
identified in a storm water pollution prevention plan in accordance 
with Part V.E.1 of this permit shall sign a copy of the following 
certification statement before conducting any professional service 
identified in the storm water pollution prevention plan:

    ``I certify under penalty of law that I understand the terms and 
conditions of the general National Pollutant Discharge Elimination 
System (NPDES) permit that authorizes the storm water discharges 
associated with industrial activity from the construction site 
identified as part of this certification.''

    The certification must include the name and title of the person 
providing the signature in accordance with Part VII.G of this permit; 
the name, address and telephone number of the contracting firm; the 
address (or other identifying description) of the site; and the date 
the certification is made.

Part VI. Retention of Records

    A. The permittee shall retain copies of storm water pollution 
prevention plans and all reports required by this permit, and records 
of all data used to complete the Notice of Intent to be covered by this 
permit, for a period of at least three years from the date that the 
site is finally stabilized. This period may be extended by request of 
the Director at any time.
    B. The permittee shall retain a copy of the storm water pollution 
prevention plan required by this permit at the construction site from 
the date of project initiation to the date of final stabilization.
    C. Addresses. Except for the submittal of NOIs (Part II.C) and NOTs 
(Part IX), all written correspondence directed to the U.S. 
Environmental Protection Agency concerning discharges in the State of 
Florida or an Indian lands located in Region 4, and subject to coverage 
under this permit, including the submittal of individual permit 
applications, shall be sent to the address listed below: U.S. EPA, 
Region 4, Surface Water Permits Section, Water Management Division, 
Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303.

Part VII. Standard Permit Conditions

A. Duty To Comply

    1. The permittee must comply with all conditions of this permit. 
Any permit noncompliance constitutes a violation of the CWA and is 
grounds for enforcement action; for permit termination, revocation and 
reissuance, or modification; or for denial of a permit renewal 
application.
    2. Penalties for Violations of Permit Conditions.
    a. Criminal--(1) Negligent Violations. The CWA provides that any 
person who negligently violates permit conditions implementing Sections 
301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of 
not less than $2,500 nor more than $25,000 per day of violation, or by 
imprisonment for not more than 1 year, or both.
    (2) Knowing Violations. The CWA provides that any person who 
knowingly violates permit conditions implementing Sections 301, 302, 
306, 307, 308, 318, or 405 of the Act is

[[Page 25141]]

subject to a fine of not less than $5,000 nor more than $50,000 per day 
of violation, or by imprisonment for not more than 3 years, or both.
    (3) Knowing Endangerment. The CWA provides that any person who 
knowingly violates permit conditions implementing Sections 301, 302, 
306, 307, 308, 318, or 405 of the Act and who knows at that time that 
he is placing another person in imminent danger of death or serious 
bodily injury is subject to a fine of not more than $250,000, or by 
imprisonment for not more than 15 years, or both.
    (4) False Statement. The CWA provides that any person who knowingly 
makes any false material statement, representation, or certification in 
any application, record, report, plan, or other document filed or 
required to be maintained under the Act or who knowingly falsifies, 
tampers with, or renders inaccurate, any monitoring device or method 
required to be maintained under the Act, shall upon conviction, be 
punished by a fine of not more than $10,000 or by imprisonment for not 
more than 2 years, or by both. If a conviction is for a violation 
committed after a first conviction of such person under this paragraph, 
punishment shall be by a fine of not more than $20,000 per day of 
violation, or by imprisonment of not more than 4 years, or by both. 
(See Section 309.c.4 of the Clean Water Act).
    b. Civil Penalties--The CWA provides that any person who violates a 
permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 
405 of the Act is subject to a civil penalty not to exceed $25,000 per 
day for each violation.
    c. Administrative Penalties--The CWA provides that any person who 
violates a permit condition implementing Sections 301, 302, 306, 307, 
308, 318, or 405 of the Act is subject to an administrative penalty, as 
follows:
    (1) Class I penalty. Not to exceed $10,000 per violation nor shall 
the maximum amount exceed $25,000.
    (2) Class II penalty. Not to exceed $10,000 per day for each day 
during which the violation continues nor shall the maximum amount 
exceed $125,000.

B. Continuation of the Expired General Permit

    This permit expires at midnight 5 years from April 28, 2000. If 
this general permit is not reissued prior to its expiration date, all 
facilities desiring to retain continued coverage shall submit another 
NOI form at least 180 days prior to the expiration of this permit. This 
submittal shall also satisfy the notification requirement to be covered 
under the reissued permit. Facilities that have not obtained coverage 
under this permit by the expiration date of this permit cannot become 
authorized to discharge under the continued permit.
    The authorization to discharge under the continued previous general 
permit, issued on September 25, 1992 (57 FR 44412), expired 90 days 
from February 23, 1998.
    C. Need to halt or reduce activity not a defense. It shall not be a 
defense for a permittee in an enforcement action that it would have 
been necessary to halt or reduce the permitted activity in order to 
maintain compliance with the conditions of this permit.
    D. Duty to Mitigate. The permittee shall take all reasonable steps 
to minimize or prevent any discharge in violation of this permit which 
has a reasonable likelihood of adversely affecting human health or the 
environment.
    E. Duty to Provide Information. The permittee shall furnish within 
a reasonable time to the Director; an authorized representative of the 
Director; a State or local agency approving sediment and erosion plans, 
grading plans, or storm water management plans; or in the case of a 
storm water discharge associated with industrial activity which 
discharges through a municipal separate storm sewer system with an 
NPDES permit, to the municipal operator of the system, any information 
which is requested to determine compliance with this permit or other 
information.
    F. Other Information. When the permittee becomes aware that he or 
she failed to submit any relevant facts or submitted incorrect 
information in the Notice of Intent or in any other report to the 
Director, he or she shall promptly submit such facts or information.
    G. Signatory Requirements. All Notices of Intent, storm water 
pollution prevention plans, reports, certifications or information 
either submitted to the Director or the operator of a large or medium 
municipal separate storm sewer system, or that this permit requires be 
maintained by the permittee, shall be signed as follows:
    1. All Notices of Intent shall be signed as follows:
    a. For a corporation: By a responsible corporate officer. For the 
purpose of this section, a responsible corporate officer means: (1) A 
president, secretary, treasurer, or vice-president of the corporation 
in charge of a principal business function, or any other person who 
performs similar policy or decision-making functions for the 
corporation; or
    (2) The manager of one or more manufacturing, production or 
operating facilities employing more than 250 persons or having gross 
annual sales or expenditures exceeding $25,000,000 (in second-quarter 
1980 dollars) if authority to sign documents has been assigned or 
delegated to the manager in accordance with corporate procedures;
    b. For a partnership or sole proprietorship: By a general partner 
or the proprietor, respectively; or
    c. For a municipality, State, Federal, or other public agency: By 
either a principal executive officer or ranking elected official. For 
purposes of this section, a principal executive officer of a Federal 
agency includes (1) the chief executive officer of the agency, or (2) a 
senior executive officer having responsibility for the overall 
operations of a principal geographic unit of the agency (e.g., Regional 
Administrators of EPA).
    2. All reports required by the permit and other information 
requested by the Director or authorized representative of the Director 
shall be signed by a person described above or by a duly authorized 
representative of that person. A person is a duly authorized 
representative only if:
    a. The authorization is made in writing by a person described above 
and submitted to the Director.
    b. The authorization specifies either an individual or a position 
having responsibility for the overall operation of the regulated 
facility or activity, such as the position of manager, operator, 
superintendent, or position of equivalent responsibility or an 
individual or position having overall responsibility for environmental 
matters for the company. (A duly authorized representative may thus be 
either a named individual or any individual occupying a named 
position).
    c. Changes to authorization. If an authorization under paragraph 
II.B.3. is no longer accurate because a different operator has 
responsibility for the overall operation of the construction site, a 
new notice of intent satisfying the requirements of paragraph II.B. 
must be submitted to the Director prior to or together with any 
reports, information, or applications to be signed by an authorized 
representative.
    d. Certification. Any person signing documents under paragraph 
VII.G shall make the following certification:

    ``I certify, under penalty of law, that this document and all 
attachments were prepared under my direction or supervision in 
accordance with a system designed to assure that qualified personnel 
properly gathered and evaluated the information submitted. Based on 
my inquiry of the person or persons

[[Page 25142]]

who manage the system, or those persons directly responsible for 
gathering the information, the information submitted is, to the best 
of my knowledge and belief, true, accurate, and complete. I am aware 
that there are significant penalties for submitting false 
information, including the possibility of fine and imprisonment for 
knowing violations.''

H. Penalties for Falsification of Reports

    Section 309(c)(4) of the Clean Water Act provides that any person 
who knowingly makes any false material statement, representation, or 
certification in any record or other document submitted or required to 
be maintained under this permit, including reports of compliance or 
noncompliance shall, upon conviction, be punished by a fine of not more 
than $10,000, or by imprisonment for not more than 2 years, or by both.

I. Penalties for Falsification of Monitoring Systems

    The Clean Water Act provides that any person who falsifies, tampers 
with, or knowingly renders inaccurate any monitoring device or method 
required to be maintained under this permit shall, upon conviction, be 
punished by a fine of not more than $10,000, or by imprisonment for not 
more than 2 years, or both. If a conviction of a person is for a 
violation committed after a first conviction of such person under this 
paragraph, punishment is a fine of not more than $20,000 per day of 
violation, or by imprisonment of not more than 4 years, or both.

J. Oil and Hazardous Substance Liability

    Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties to which the permittee is 
or may be subject under section 311 of the CWA or section 106 of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980 (CERCLA).

K. Property Rights

    The issuance of this permit does not convey any property rights of 
any sort, nor any exclusive privileges, nor does it authorize any 
injury to private property nor any invasion of personal rights, nor any 
infringement of Federal, State or local laws or regulations.

L. Severability

    The provisions of this permit are severable, and if any provision 
of this permit, or the application of any provision of this permit to 
any circumstance, is held invalid, the application of such provision to 
other circumstances, and the remainder of this permit shall not be 
affected thereby.

M. Transfers

    Coverage under this permit is not transferable to any person except 
after notice to the Director. The Director may require termination of 
permit coverage by the current permittee in accordance with Part IX of 
this permit; and the subsequent submission a Notice of Intent to 
receive coverage under the permit by the new applicant in accordance 
with Part II of this permit.

N. Requiring an Individual Permit or an Alternative General Permit

    1. The Director may require any person authorized by this permit to 
apply for and/or obtain either an individual NPDES permit or an 
alternative NPDES general permit. Any interested person may petition 
the Director to take action under this paragraph. Where the Director 
requires a discharger authorized to discharge under this permit to 
apply for an individual NPDES permit, the Director shall notify the 
discharger in writing that a permit application is required. This 
notification shall include a brief statement of the reasons for this 
decision, an application form, a statement setting a deadline for the 
discharger to file the application, and a statement that on the 
effective date of issuance or denial of the individual NPDES permit or 
the alternative general permit as it applies to the individual 
permittee, coverage under this general permit shall automatically 
terminate. Applications shall be submitted to the appropriate Regional 
Office indicated in Part V.C of this permit. The Director may grant 
additional time to submit the application upon request of the 
applicant. If a discharger fails to submit in a timely manner an 
individual NPDES permit application as required by the Director under 
this paragraph, then the applicability of this permit to the individual 
NPDES permittee is automatically terminated at the end of the day 
specified by the Director for application submittal.
    2. Any discharger authorized by this permit may request to be 
excluded from the coverage of this permit by applying for an individual 
permit. In such cases, the permittee shall submit an individual 
application in accordance with the requirements of 40 CFR 
122.26(c)(1)(ii), with reasons supporting the request, to the Director 
at the address for the appropriate Regional Office indicated in Part 
V.C of this permit. The request may be granted by issuance of any 
individual permit or an alternative general permit if the reasons cited 
by the permittee are adequate to support the request.
    3. When an individual NPDES permit is issued to a discharger 
otherwise subject to this permit, or the discharger is authorized to 
discharge under an alternative NPDES general permit, the applicability 
of this permit to the individual NPDES permittee is automatically 
terminated on the effective date of the individual permit or the date 
of authorization of coverage under the alternative general permit, 
whichever the case may be. When an individual NPDES permit is denied to 
an owner or operator otherwise subject to this permit, or the owner or 
operator is denied for coverage under an alternative NPDES general 
permit, the applicability of this permit to the individual NPDES 
permittee is automatically terminated on the date of such denial, 
unless otherwise specified by the Director.

O. State/Environmental Laws

    1. Nothing in this permit shall be construed to preclude the 
institution of any legal action or relieve the permittee from any 
responsibilities, liabilities, or penalties established pursuant to any 
applicable State law or regulation under authority preserved by section 
510 of the Act.
    2. No condition of this permit shall release the permittee from any 
responsibility or requirements under other environmental statutes or 
regulations.

P. Proper Operation and Maintenance

    The permittee shall at all times properly operate and maintain all 
facilities and systems of treatment and control (and related 
appurtenances) which are installed or used by the permittee to achieve 
compliance with the conditions of this permit and with the requirements 
of storm water pollution prevention plans. Proper operation and 
maintenance also include adequate laboratory controls and appropriate 
quality assurance procedures. Proper operation and maintenance require 
the operation of backup or auxiliary facilities or similar systems, 
installed by a permittee only when necessary to achieve compliance with 
the conditions of the permit.

Q. Inspection and Entry

    The permittee shall allow the Director or an authorized 
representative of EPA, the State, or, in the case of a construction 
site which discharges through a municipal separate storm sewer, an 
authorized representative of the municipal operator or the separate 
storm sewer receiving the discharge,

[[Page 25143]]

upon the presentation of credentials and other documents as may be 
required by law, to:
    1. Enter upon the permittee's premises where a regulated facility 
or activity is located or conducted or where records must be kept under 
the conditions of this permit;
    2. Have access to and copy at reasonable times, any records that 
must be kept under the conditions of this permit;
    3. Inspect, at reasonable times, any facilities or equipment 
(including monitoring and control equipment); and
    4. Sample or monitor, at reasonable times, for the purposes of 
assuring permit compliance or as otherwise authorized by the CWA, any 
substances or parameter at any location on the site.

R. Permit Actions

    This permit may be modified, revoked and reissued, or terminated 
for cause. The filing of a request by the permittee for a permit 
modification, revocation and reissuance, or termination, or a 
notification of planned changes or anticipated noncompliance does not 
stay any permit condition.

S. Planned Changes

    The permittee shall amend the pollution prevention plan as soon as 
possible identifying any planned physical alterations or additions to 
the permitted facility.

T. Twenty-Four Hour Reporting

    (1) The permittee shall report any noncompliance which may endanger 
health or the environment. Any information shall be provided orally 
within 24 hours from the time the permittee becomes aware of the 
circumstances. A written submission shall also be provided within 5 
days of the time the permittee becomes aware of the circumstances. A 
written submission shall also be provided within 5 days of the time the 
permittee becomes aware of the circumstances. The written submission 
shall contain a description of the noncompliance and its cause: the 
period of noncompliance, including exact dates and times, and if the 
noncompliance has not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent recurrence of the noncompliance.

U. Bypass

    (1) Definitions. (i) Bypass means the intentional diversion of 
waste streams from any portion of a treatment facility.
    (ii) Severe property damage means substantial physical damage to 
property which causes them to become inoperable or substantial and 
permanent loss of natural resources which can reasonably be expected to 
occur in the absence of a bypass. Severe property damage does not mean 
economic loss caused by delays in production.
    (2) Bypass not exceeding limitations. The permittee may allow any 
bypass to occur which does not cause effluent limitations to be 
exceeded, but only if it also is for essential maintenance to assure 
efficient operation. These bypasses are not subject to the provisions 
of paragraphs S(3) and S(4).
    (3) Notice.
    (i) Anticipated bypass. If the permittee knows in advance of the 
need for a bypass, it shall submit prior notice, if possible at least 
ten days before the date of the bypass.
    (ii) Unanticipated bypass. The permittee shall submit notice of an 
unanticipated bypass as required in paragraph R. of this section (24-
hour notice).
    (4) Prohibition of bypass. (i) Bypass is prohibited, and the 
Director may take enforcement action against a permittee for bypass, 
unless:
    (A) Bypass was unavoidable to prevent loss of life, personal 
injury, or severe property damage;
    (B) There were no feasible alternatives to the bypass, such as the 
use of auxiliary treatment facilities, retention of untreated wastes, 
or maintenance during normal periods of equipment downtime. This 
condition is not satisfied if adequate back-up equipment should have 
been installed in the exercise of reasonable engineering judgement to 
prevent a bypass which occurred during normal periods of equipment 
downtime or preventive maintenance; and
    (C) The permittee submitted notices as required under paragraph 
S(3) of this section.
    (ii) The Director may approve an anticipated bypass after 
considering its adverse effects, if the Director determines that it 
will meet the three conditions listed above in paragraph S(4)(i) of 
this section.

Part VIII. Reopener Clause

    A. If there is evidence indicating potential or realized impacts on 
water quality due to any storm water discharge associated with 
industrial activity covered by this permit, the discharger may be 
required to obtain an individual permit or an alternative general 
permit in accordance with Part I.C of this permit or the permit may be 
modified to include different limitations and/or requirements.
    B. Permit modification or revocation will be conducted according to 
40 CFR 122.62, 122.63, 122.64 and 124.5.
    C. This permit may be modified, or alternatively, revoked and 
reissued, to comply with any applicable provisions of the Phase II 
storm water regulations once they are issued.

Part IX. Termination of Coverage

A. Notice of Termination

    Where a site has been finally stabilized and all storm water 
discharges from construction sites that are authorized by this permit 
are eliminated (see Part IX.A.5. for the definition of eliminated), or 
where the operator of all storm water discharges at a facility changes, 
the operator of the facility may submit a Notice of Termination that is 
signed in accordance with Part VII.G of this permit within 14 days of 
final stabilization of the site. The Notice of Termination shall 
include the following information:
    1. The mailing address, and location of the construction site for 
which the notification is submitted. Where a mailing address for the 
site is not available, the location can be described in terms of the 
latitude and longitude of the approximate center of the facility to the 
nearest 15 seconds, or the section, township and range to the nearest 
quarter section;
    2. The name, address, and telephone number of the operator seeking 
termination of permit coverage;
    3. The NPDES permit number for the storm water discharge identified 
by this Notice of Termination;
    4. An identification of whether the storm water discharges 
associated with industrial activity have been eliminated or the 
operator of the discharges has changed; and
    5. The following certification signed in accordance with Part VII.G 
(signatory requirements) of this permit:

    I certify under penalty of law that all storm water discharges 
associated with industrial activity from the identified facility 
that are authorized by a NPDES general permit have otherwise been 
eliminated or that I am no longer the operator of the facility or 
construction site. I understand that by submitting this notice of 
termination, that I am no longer authorized to discharge storm water 
associated with industrial activity by the general permit, and that 
discharging pollutants in storm water associated with industrial 
activity to waters of the United States is unlawful under the Clean 
Water Act where the discharge is not authorized by a NPDES permit. I 
also understand that the submittal of this notice of termination 
does not release an operator from liability for any violations of 
this permit or the Clean Water Act.''


[[Page 25144]]


    For the purposes of this certification, elimination of storm water 
discharges associated with construction activity means that all 
disturbed soils at the identified facility have been finally stabilized 
and temporary erosion and sediment control measures have been removed 
or will be removed at an appropriate time, or that all storm water 
discharges associated with construction activities from the identified 
site that are authorized by a NPDES general permit have otherwise been 
eliminated.

B. Where To Submit

    Applicants are to use the NOT form published in the September 29, 
1995 Federal Register (60 FR 51265). All Notices of Termination are to 
be sent, using the form provided by the Director (or a photocopy 
thereof),\2\, to the following address: Storm Water Notice of 
Termination (4203), 401 M Street, SW, Room 2104 Northeast Mall, 
Washington, DC 20460.
---------------------------------------------------------------------------

    \2\ A copy of the approved NOT form is provided in Appendix A of 
this notice.
---------------------------------------------------------------------------

C. Additional Notification

    A copy of the Notice of Termination shall be sent to the State 
agency which issued the State storm water or environmental resource 
permit for the site and, if the storm water management system 
discharges to a municipal separate storm sewer system within Broward, 
Dade, Duval, Escambia, Hillsborough, Lee, Leon, Manatee, Orange, Palm 
Beach, Pasco, Pinellas, Polk, Sarasota or Seminole Counties, to the 
owner of that system. Included within these counties, the Florida 
Department of Transportation (FDOT), incorporated municipalities, and 
chapter 298 Special Districts also shall be notified where they own or 
operate a municipal separate storm sewer system receiving storm water 
discharges associated with construction activity covered by this 
permit.

Part X. Definitions

    Best Management Practices (BMPs) means schedules of activities, 
prohibitions of practices, maintenance procedures, and other management 
practices to prevent or reduce the pollution of waters of the United 
States. BMPs also include treatment requirements, operating procedures, 
and practices to control plant site runoff, spillage or leaks, sludge 
or waste disposal, or drainage from raw material storage.
    Commencement of Construction--The initial disturbance of soils 
associated with clearing, grading, or excavating activities or other 
construction activities.
    CWA means Clean Water Act or the Federal Water Pollution Control 
Act.
    Dedicated portable asphalt plant--A portable asphalt plant that is 
located on or contiguous to a construction site and that provides only 
asphalt to the construction site that the plant is located on or 
adjacent to. The term dedicated portable asphalt plant does not include 
facilities that are subject to the asphalt emulsion effluent limitation 
guideline at 40 CFR 443.
    Dedicated portable concrete plant--A portable concrete plant that 
is located on or contiguous to a construction site and that provides 
only concrete to the construction site that the plant is located on or 
adjacent to.
    Director means the Regional Administrator of the Environmental 
Protection Agency or an authorized representative.
    Final Stabilization means that all soil disturbing activities at 
the site have been completed, and that a uniform perennial vegetative 
cover with a density of 70% of the cover for unpaved areas and areas 
not covered by permanent structures has been established or equivalent 
permanent stabilization measures (such as the use of riprap, gabions, 
or geotextiles) have been employed.
    Flow-weighted composite sample means a composite sample consisting 
of a mixture of aliquots collected at a constant time interval, where 
the volume of each aliquot is proportional to the flow rate of the 
discharge.
    Large and Medium municipal separate storm sewer system means all 
municipal separate storm sewers that are either: (i) located in an 
incorporated place (city) with a population of 100,000 or more as 
determined by the latest Decennial Census by the Bureau of Census 
(these cities are listed in Appendices F and G of 40 CFR Part 122); or 
(ii) located in the counties with unincorporated urbanized populations 
of 100,000 or more, except municipal separate storm sewers that are 
located in the incorporated places, townships or towns within such 
counties (these counties are listed in Appendices H and I of 40 CFR 
Part 122); or (iii) owned or operated by a municipality other than 
those described in paragraph (i) or (ii) and that are designated by the 
Director as part of the large or medium municipal separate storm sewer 
system.
    NOI means notice of intent to be covered by this permit (see Part 
II of this permit.)
    NOT means notice of termination (see Part IX of this permit).
    Operator means any party associated with the construction project 
that meets either of the following 2 criteria: (1) The party has 
operational control over project specifications (including the ability 
to make modifications in specifications), or (2) the party has day-to-
day operational control of those activities at a project site which are 
necessary to ensure compliance with the storm water pollution 
prevention plan or other permit conditions (e.g., they are authorized 
to direct workers at the site to carry out activities identified in the 
storm water pollution prevention plan or comply with other permit 
conditions).
    Point Source means any discernible, confined, and discrete 
conveyance, including but not limited to, any pipe, ditch, channel, 
tunnel, conduit, well, discrete fissure, container, rolling stock, 
concentrated animal feeding operation, landfill leachate collection 
system, vessel or other floating craft from which pollutants are or may 
be discharges. This term does not include return flows from irrigated 
agriculture or agricultural storm water runoff.
    Runoff coefficient means the fraction of total rainfall that will 
appear at the conveyance as runoff.
    Storm Water means storm water runoff, snow melt runoff, and surface 
runoff and drainage.
    Storm Water Associated with Industrial Activity means the discharge 
from any conveyance which is used for collecting and conveying storm 
water and which is directly related to manufacturing, processing or raw 
materials storage areas at an industrial plant. The term does not 
include discharges from facilities or activities excluded from the 
NPDES program. For the categories of industries identified in 
paragraphs (i) through (x) of this definition, the term includes, but 
is not limited to, storm water discharges from industrial plant yards; 
immediate access roads and rail lines used or traveled by carriers of 
raw materials, manufactured products, waste material, or by-products 
used or created by the facility; material handling sites; refuse sites; 
sites used for the application or disposal of process waste waters (as 
defined at 40 CFR 401); sites used for the storage and maintenance of 
material handling equipment; sites used for residual treatment, 
storage, or disposal; shipping and receiving areas; manufacturing 
buildings; storage areas (including tank farms) for raw materials, and 
intermediate and finished products; and areas where industrial activity 
has taken place in the past and significant materials remain and are 
exposed to storm water. For the categories of

[[Page 25145]]

industries identified in paragraph (xi) of this definition, the term 
includes only storm water discharges from all areas (except access 
roads and rail lines) listed in the previous sentence where material 
handling equipment or activities, raw materials, intermediate products, 
final products, waste materials, by-products, or industrial machinery 
are exposed to storm water. For the purposes of this paragraph, 
material handling activities include the: storage, loading and 
unloading, transportation, or conveyance of any raw material, 
intermediate product, finished product, by-product or waste product. 
The term excludes areas located on plant lands separate from the 
plant's industrial activities, such as office buildings and 
accompanying parking lots as long as the drainage from the excluded 
areas is not mixed with storm water drained from the above described 
areas. Industrial facilities (including industrial facilities that are 
Federally or municipally owned or operated that meet the description of 
the facilities listed in this paragraph (i)-(xi) of this definition) 
include those facilities designated under 122.26(a)(1)(v). The 
following categories of facilities are considered to be engaging in 
``industrial activity'' for purposes of this subsection:
    (i) Facilities subject to storm water effluent guidelines, new 
source performance standards, or toxic pollutant effluent standards 
under 40 CFR Subchapter N (except facilities with toxic pollutant 
effluent standards which are exempted under category (xi) of this 
definition);
    (ii) Facilities classified as Standard Industrial Classifications 
24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 
(except 323), 33, 3441, 373;
    (iii) Facilities classified as Standard Industrial Classifications 
10 through 14 (mineral industry) including active or inactive mining 
operations (except for areas of coal mining operations no longer 
meeting the definition of a reclamation area under 40 CFR 434.11(l) 
because the performance bond issued to the facility by the appropriate 
SMCRA authority has been released, or except for areas of non-coal 
mining operations which have been released from applicable State or 
Federal reclamation requirements after December 17, 1990) and oil and 
gas exploration, production, processing, or treatment operations, or 
transmission facilities that discharge storm water contaminated by 
contact with or that has come into contact with, any overburden, raw 
material, intermediate products, finished products, byproducts or waste 
products located on the site of such operations; inactive mining 
operations are mining sites that are not being actively mined, but 
which have an identifiable owner/operator;
    (iv) Hazardous waste treatment, storage, or disposal facilities, 
including those that are operating under interim status or a permit 
under Subtitle C of RCRA;
    (v) Landfills, land application sites, and open dumps that have 
received any industrial wastes (waste that is received from any of the 
facilities described under this subsection) including those that are 
subject to regulation under Subtitle D of RCRA;
    (vi) Facilities involved in the recycling of materials, including 
metal scrapyards, battery reclaimers, salvage yards, and automobile 
junkyards, including but limited to those classified as Standard 
Industrial Classification 5015 and 5093;
    (vii) Steam electric power generating facilities, including coal 
handling sites;
    (viii) Transportation facilities classified as Standard Industrial 
Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which 
have vehicle maintenance shops, equipment cleaning operations, or 
airport deicing operations. Only those portions of the facility that 
are either involved in vehicle maintenance (including vehicle 
rehabilitation, mechanical repairs, painting, fueling, and 
lubrication), equipment cleaning operations, airport deicing 
operations, or which are otherwise identified under paragraphs (i)-
(vii) or (ix)-(xi) of this subsection are associated with industrial 
activity;
    (ix) Treatment works treating domestic sewage or any other sewage 
sludge or wastewater treatment device or system, used in the storage 
treatment, recycling, and reclamation of municipal or domestic sewage, 
including land dedicated to the disposal of sewage sludge that are 
located within the confines of the facility, with a design flow of 1.0 
mgd or more, or required to have an approved pretreatment program under 
40 CFR 403. Not included are farm lands, domestic gardens or lands used 
for sludge management where sludge is beneficially reused and which are 
not physically located in the confines of the facility, or areas that 
are in compliance with 40 CFR 503;
    (x) Construction activity including clearing, grading and 
excavation activities except: operations that result in the disturbance 
of less than five acres of total land area which are not part of a 
larger common plan of development or sale;
    (xi) Facilities under Standard Industrial Classifications 20, 21, 
22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are 
not otherwise included within categories (i)-(x)).\3\
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    \3\ On June 4, 1992, the United States Court of Appeals for the 
Ninth Circuit remanded the exclusion for manufacturing facilities in 
category (xi) which do not have materials or activities exposed to 
storm water to the EPA for further rulemaking. (Nos. 90-70671 and 
91-70200).
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    Waters of the United States means:
    (a) All waters which are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters which are subject to the ebb and flow of the tide;
    (b) All interstate waters, including interstate ``wetlands'';
    (c) All other waters such as interstate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, wetlands, 
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds 
the use, degradation, or destruction of which would affect or could 
affect interstate or foreign commerce including any such waters:
    (1) Which are or could be used by interstate or foreign travelers 
for recreational or other purposes;
    (2) From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce; or
    (3) Which are used or could be used for industrial purposes by 
industries in interstate commerce;
    (d) All impoundments of waters otherwise defined as waters of the 
United States under this definition;
    (e) Tributaries of waters identified in paragraphs (a) through (d) 
of this definition;
    (f) The territorial sea; and
    (g) Wetlands adjacent to waters (other than waters that are 
themselves wetlands) identified in paragraphs (a) through (f) of this 
definition.
    Waste treatment systems, including treatment ponds or lagoons 
designed to meet the requirements of the CWA are not waters of the 
United States.

[FR Doc. 00-10518 Filed 4-27-00; 8:45 am]
BILLING CODE 6560-50-P