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Appendix A - Definitions and Acronyms

Definitions

“Action Area” – all areas to be affected directly or indirectly by the federal action and not 

merely the immediate area involved in the action. See 50 CFR 402. For the purposes of this 

permit and for application of the Endangered Species Act requirements, the following areas are 

included in the definition of action area:

 The areas on the construction site where stormwater discharges originate and flow 

toward the point of discharge into the receiving waters (including areas where 

excavation, site development, or other ground disturbance activities occur) and the 

immediate vicinity. (Example: Where bald eagles nest in a tree that is on or bordering a 

construction site and could be disturbed by the construction activity or where grading 

causes stormwater to flow into a small wetland or other habitat that is on the site that 

contains listed species.)

 The areas where stormwater discharges flow from the construction site to the point of 

discharge into receiving waters. (Example: Where stormwater flows into a ditch, swale, 

or gully that leads to receiving waters and where listed species (such as listed 

amphibians) are found in the ditch, swale, or gully.)

 The areas where stormwater from construction activities discharge into receiving waters

and the areas in the immediate vicinity of the point of discharge. (Example: Where 

stormwater from construction activities discharges into a stream segment that is known to 

harbor listed aquatic species.)

 The areas where stormwater controls will be constructed and operated, including any 

areas where stormwater flows to and from the stormwater controls. (Example: Where a 

stormwater retention pond would be built.)

 The areas upstream and/or downstream from the stormwater discharge into a stream 

segment that may be affected by these discharges. (Example: Where sediment 

discharged to a receiving stream settles downstream and impacts a breeding area of a 

listed aquatic species.)

“Agricultural Land” - cropland, grassland, rangeland, pasture, and other agricultural land, on 

which agricultural and forest-related products or livestock are produced and resource concerns 

may be addressed. Agricultural lands include cropped woodland, marshes, incidental areas 

included in the agricultural operation, and other types of agricultural land used for the 

production of livestock.

“Antidegradation Policy” or “Antidegradation Requirements” - the water quality standards 

regulation that requires States and Tribes to establish a three-tiered antidegradation program:

1. Tier 1 maintains and protects existing uses and water quality conditions necessary to 

support such uses. An existing use can be established by demonstrating that fishing, 

swimming, or other uses have actually occurred since November 28, 1975, or that the 

water quality is suitable to allow such uses to occur. Where an existing use is established, 

it must be protected even if it is not listed in the water quality standards as a designated 

use. Tier 1 requirements are applicable to all surface waters.

2. Tier 2 maintains and protects "high quality" waters -- water bodies where existing 

conditions are better than necessary to support CWA § 101(a)(2) "fishable/swimmable" 

uses. Water quality can be lowered in such waters. However, State and Tribal Tier 2 

programs identify procedures that must be followed and questions that must be 
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answered before a reduction in water quality can be allowed. In no case may water 

quality be lowered to a level which would interfere with existing or designated uses.

3. Tier 3 maintains and protects water quality in outstanding national resource waters 

(ONRWs). Except for certain temporary changes, water quality cannot be lowered in 

such waters. ONRWs generally include the highest quality waters of the United States. 

However, the ONRW classification also offers special protection for waters of exceptional 

ecological significance, i.e., those which are important, unique, or sensitive ecologically. 

Decisions regarding which water bodies qualify to be ONRWs are made by States and 

authorized Indian Tribes.

“Arid Areas” - areas with an average annual rainfall of 0 to 10 inches.

“Bank” (e.g., stream bank or river bank) - the rising ground bordering the channel of a water of 

the U.S.

“Bluff” - a steep headland, promontory, riverbank, or cliff.

“Borrow Areas” - the areas where materials are dug for use as fill, either onsite or off-site.

“ “Bypass” – the intentional diversion of waste streams from any portion of a treatment facility. 

See 40 CFR 122.41(m)(1)(i). 

“Cationic Treatment Chemical” – polymers, flocculants, or other chemicals that contain an 

overall positive charge. Among other things, they are used to reduce turbidity in stormwater 

discharges by chemically bonding to the overall negative charge of suspended silts and other

soil materials and causing them to bind together and settle out. Common examples of cationic 

treatment chemicals are chitosan and cationic PAM. 

“Commencement of Earth-Disturbing Activities” - the initial disturbance of soils (or ‘breaking 

ground’) associated with clearing, grading, or excavating activities or other construction-related 

activities (e.g., stockpiling of fill material).

“Commencement of Pollutant-Generating Activities” - at construction sites (for the purposes of 

this permit) occurs in any of the following circumstances:

 Clearing, grubbing, grading, and excavation has begun;

 Raw materials related to your construction activity, such as building materials or 

products, landscape materials, fertilizers, pesticides, herbicides, detergents, fuels, oils, or 

other chemicals have been placed at your site;

 Use of authorized non-stormwater for washout activities, or dewatering activities, have 

begun; or

 Any other activity has begun that causes the generation of or the potential generation 

of pollutants.

“Construction Activities” - earth-disturbing activities, such as the clearing, grading, and 

excavation of land.

“Construction and Development Effluent Limitations and New Source Performance Standards” 

(C&D Rule) - as published in 40 CFR § 450 is the regulation requiring effluent limitations guidelines 

(ELG’s) and new source performance standards (NSPS) for controlling the discharge of pollutants 

from construction sites.

“Construction Site” - the land or water area where construction activities will occur and where 

stormwater controls will be installed and maintained. The construction site includes construction 

support activities, which may be located at a different part of the property from where the 

primary construction activity will take place, or on a different piece of property altogether. The 
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construction site is often a smaller subset of the lot or parcel within which the project is taking 

place.

“Construction Support Activities” - a construction-related activity that specifically supports the

construction activity and involves earth disturbance or pollutant-generating activities of its own, 

and can include activities associated with concrete or asphalt batch plants, equipment staging 

yards, materials storage areas, excavated material disposal areas, and borrow areas.

“Construction Waste” - discarded material (such as packaging materials, scrap construction 

materials, masonry products, timber, steel, pipe, and electrical cuttings, plastics, and styrofoam).

“Conveyance Channel” - a temporary or permanent waterway designed and installed to safely 

convey stormwater flow within and out of a construction site.

“Corrective Action” - for the purposes of the permit, any action taken to (1) repair, modify, or 

replace any stormwater control used at the site; (2) clean up and dispose of spills, releases, or 

other deposits found on the site; and (3) remedy a permit violation.

“Critical Habitat” - as defined in the Endangered Species Act at 16 U.S.C. 1531 for a threatened 

or endangered species, (i) the specific areas within the geographical area occupied by the 

species, at the time it is listed in accordance with the provisions of section 4 of the Endangered 

Species Act, on which are found those physical or biological features essential to the 

conservation of the species and which may require special management considerations or 

protection; and (ii) specific areas outside the geographical area occupied by the species at the 

time it is listed in accordance with the provisions of section 4 of the Endangered Species Act, 

upon a determination by the Secretary that such areas are essential for the conservation of the 

species.

“CWA” - the Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. section 1251 

et seq.

“Dewatering” - the act of draining rainwater and/or groundwater from building foundations, 

vaults, and trenches.

“Discharge” - when used without qualification, means the “discharge of a pollutant.”

“Discharge of a Pollutant” - any addition of any “pollutant” or combination of pollutants to 

“waters of the United States” from any “point source,” or any addition of any pollutant or 

combination of pollutants to the waters of the “contiguous zone” or the ocean from any point 

source other than a vessel or other floating craft which is being used as a means of 

transportation. This includes additions of pollutants into waters of the United States from: surface 

runoff which is collected or channeled by man; discharges through pipes, sewers, or other 

conveyances, leading into privately owned treatment works. See 40 CFR 122.2.

“Discharge Point” - for the purposes of this permit, the location where collected and 

concentrated stormwater flows are discharged from the construction site.

“Discharge-Related Activity” - activities that cause, contribute to, or result in stormwater and 

allowable non-stormwater point source discharges, and measures such as the siting, 

construction, and operation of stormwater controls to control, reduce, or prevent pollutants from 

being discharged.

“Discharge to an Impaired Water” - for the purposes of this permit, a discharge to an impaired 

water occurs if the first water of the U.S. to which you discharge is identified by a State, Tribe, or 

EPA pursuant to Section 303(d) of the Clean Water Act as not meeting an applicable water 

quality standard, or is included in an EPA-approved or established total maximum daily load 

(TMDL). For discharges that enter a storm sewer system prior to discharge, the water of the U.S. 
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to which you discharge is the first water of the U.S. that receives the stormwater discharge from 

the storm sewer system.

“Domestic Waste” - for the purposes of this permit, typical household trash, garbage or rubbish 

items generated by construction activities.

“Drainageway” - an open linear depression, whether constructed or natural, that functions for 

the collection and drainage of surface water.

“Drought-Stricken Area” - for the purposes of this permit, an area in which the National Oceanic 

and Atomospheric Administration’s U.S. Seasonal Drought Outlook indicates for the period 

during which the construction will occur that any of the following conditions are likely: (1) 

“Drought to persist or intensify”, (2) “Drought ongoing, some improvement”, (3) “Drought likely to 

improve, impacts ease”, or (4) “Drought development likely”. See 

http://www.cpc.ncep.noaa.gov/products/expert_assessment/season_drought.gif.

“Earth-Disturbing Activity” or “Land-Disturbing Activity” - actions taken to alter the existing 

vegetation and/or underlying soil of a site, such as clearing, grading, site preparation (e.g., 

excavating, cutting, and filling), soil compaction, and movement and stockpiling of top soils.

“Effective Operating Condition” – for the purposes of this permit, a stormwater control is kept in 

effective operating condition if it has been implemented and maintained in such a manner that 

it is working as designed to minimize pollutant discharges.

“Effluent Limitations” - for the purposes of this permit, any of the Part 2 or Part 3 requirements. 

“Effluent Limitations Guideline” (ELG) - defined in 40 CFR § 122.2 as a regulation published by the 

Administrator under section 304(b) of CWA to adopt or revise effluent limitations.

“Electronic Notice of Intent” (eNOI) - EPA’s online system for submitting electronic Construction 

General Permit forms.

“Eligible” – for the purposes of this permit, refers to stormwater and allowable non-stormwater 

discharges that are authorized for coverage under this general permit.

“Emergency-Related Project” – a project initiated in response to a public emergency (e.g., 

natural disaster, disruption in essential public services), for which the related work requires 

immediate authorization to avoid imminent endangerment to human health or the environment, 

or to reestablish essential public services.

“Endangered Species” - defined in the Endangered Species Act at 16 U.S.C. 1531 as any species 

which is in danger of extinction throughout all or a significant portion of its range other than a 

species of the Class Insecta determined by the Secretary to constitute a pest whose protection 

under the provisions of this Act would present an overwhelming and overriding risk to man.

“Excursion” – a measured value that exceeds a specified limit. 

“Existing Project” – a construction project that commenced construction activities prior to 

February 15, 2012.

“Exit Points” - any points of egress from the construction site to be used by vehicles and 

equipment during construction activities.

“Exposed Soils” - for the purposes of this permit, soils that as a result of earth-disturbing activities 

are left open to the elements.

“Federal Operator” - an entity that meets the definition of “Operator” in this permit and is either 

any department, agency or instrumentality of the executive, legislative, and judicial branches of 

the Federal government of the United States, or another entity, such as a private contractor, 

performing construction activity for any such department, agency, or instrumentality.
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“Final Stabilization” - on areas not covered by permanent structures, either (1) vegetation has 

been established, or for arid or semi-arid areas, will be established that provides a uniform (e.g., 

evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 

percent of the natural background vegetative cover, or (2) non-vegetative stabilization

methods have been implemented to provide effective cover for exposed portions of the site.

“Hazardous Materials” or “Hazardous Substances” or “Hazardous or Toxic Waste” - for the 

purposes of this permit, any liquid, solid, or contained gas that contain properties that are 

dangerous or potentially harmful to human health or the environment. See also 40 CFR §261.2.

“Historic Property” - as defined in the National Historic Preservation Act regulations means any 

prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion 

in, the National Register of Historic Places maintained by the Secretary of the Interior. This term 

includes artifacts, records, and remains that are related to and located within such properties. 

The term includes properties of traditional religious and cultural importance to an Indian tribe or 

Native Hawaiian organization and that meet the National Register criteria.

“Impaired Water” or “Water Quality Impaired Water” or “Water Quality Limited Segment” - for 

the purposes of this permit, waters identified as impaired on the CWA Section 303(d) list, or 

waters with an EPA-approved or established TMDL. Your construction site will be considered to 

discharge to an impaired water if the first water of the U.S. to which you discharge is identified 

by a state, tribe, or EPA pursuant to Section 303(d) of the CWA as not meeting an applicable 

water quality standard, or is included in an EPA-approved or established total maximum daily 

load (TMDL). For discharges that enter a storm sewer system prior to discharge, the first water of 

the U.S. to which you discharge is the waterbody that receives the stormwater discharge from 

the storm sewer system.

“Impervious Surface” - for the purpose of this permit, any land surface with a low or no capacity 

for soil infiltration including, but not limited to, pavement, sidewalks, parking areas and 

driveways, packed gravel or soil, or rooftops.

“Indian Country” or “Indian Country Lands” - defined at 40 CFR §122.2 as:

1. All land within the limits of any Indian reservation under the jurisdiction of the United 

States Government, notwithstanding the issuance of any patent, and, including rights-ofway running through the reservation;

2. All dependent Indian communities with the borders of the United States whether within 

the originally or subsequently acquired territory thereof, and whether within or without 

the limits of a state; and

3. All Indian allotments, the Indian titles to which have not been extinguished, including 

rights-of-ways running through the same.

“Infeasible” – for the purpose of this permit, infeasible means not technologically possible or not

economically practicable and achievable in light of best industry practices. EPA notes that it 

does not intend for any permit requirement to conflict with state water rights law.

“Install” or “Installation” - when used in connection with stormwater controls, to connect or set in 

position stormwater controls to make them operational.

“Intermittent (or Seasonal) Stream” - one which flows at certain times of the year when 

groundwater provides water for stream flow, as well as during and immediately after some 

precipitation events or snowmelt.

“Jar test” - a test designed to simulate full-scale coagulation/flocculation/sedimentation water 

treatment processes by taking into account the possible conditions.

“Landward” - positioned or located away from a waterbody, and towards the land.
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“Level Spreader” - a temporary stormwater control used to spread stormwater flow uniformly 

over the ground surface as sheet flow to prevent concentrated, erosive flows from occurring.

“Linear Project” - includes the construction of roads, bridges, conduits, substructures, pipelines, 

sewer lines, towers, poles, cables, wires, connectors, switching, regulating and transforming 

equipment and associated ancillary facilities in a long, narrow area.

“Minimize” - to reduce and/or eliminate to the extent achievable using stormwater controls that 

are technologically available and economically practicable and achievable in light of best 

industry practices.

“Municipal Separate Storm Sewer System” or “MS4" - defined at 40 CFR §122.26(b)(8) as a 

conveyance or system of conveyances (including roads with drainage systems, municipal 

streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

1. Owned and operated by a state, city, town, borough, county, parish, district, 

association, or other public body (created by or pursuant to State law) having jurisdiction 

over disposal of sewage, industrial wastes, stormwater, or other wastes, including special 

districts under State law such as a sewer district, flood control district or drainage district, 

or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a 

designated and approved management agency under section 208 of the CWA that 

discharges to waters of the United States;

2. Designed or used for collecting or conveying stormwater;

3. Which is not a combined sewer; and

4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 

§122.2.

“National Pollutant Discharge Elimination System” (NPDES) - defined at 40 CFR §122.2 as the 

national program for issuing, modifying, revoking and reissuing, terminating, monitoring and 

enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 

402, 318, and 405 of CWA. The term includes an ‘approved program.’

“Native Topsoil” - the uppermost layer of naturally occurring soil for a particular area, and is 

often rich in organic matter, biological activity, and nutrients.

“Native Vegetation” - the species of plants that have developed for a particular region or 

ecosystem and are considered endemic to that region or ecosystem. 

“Natural Buffer” - for the purposes of this permit, an area of undisturbed natural cover 

surrounding surface waters within which construction activities are restricted. Natural cover 

includes the vegetation, exposed rock, or barren ground that exists prior to commencement of 

earth-disturbing activities.

“Natural Vegetation” – vegetation that occurs spontaneously without regular management, 

maintenance or species introductions, removals, and that generally has a strong component of 

native species.

“New Operator of a New or Existing Project” – an operator that through transfer of ownership 

and/or operation replaces the operator of an already permitted construction project.

“New Project” – a construction project that commences construction activities on or after 

February 15.

“New Source” - for the purpose of this permit, a construction project that commenced 

construction activities after February 1, 2010. 
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“New Source Performance Standards (NSPS)” - for the purposes of this permit, NSPS are 

technology-based standards that apply to construction sites that are new sources under 40 CFR 

450.24.

“Non-Stormwater Discharges” - discharges that do not originate from storm events. They can 

include, but are not limited to, discharges of process water, air conditioner condensate, noncontact cooling water, vehicle wash water, sanitary wastes, concrete washout water, paint 

wash water, irrigation water, or pipe testing water.

“Non-Turbid” – a discharge that does not cause or contribute to an exceedence of turbidityrelated water quality standards.

“Notice of Intent” (NOI) - the form (electronic or paper) required for authorization of coverage 

under the Construction General Permit.

“Notice of Termination” (NOT) - the form (electronic or paper) required for terminating coverage 

under the Construction General Permit.

“Operational” - for the purpose of this permit, stormwater controls are made “operational” when 

they have been installed and implemented, are functioning as designed, and are properly 

maintained.

“Operator” - for the purpose of this permit and in the context of stormwater discharges 

associated with construction activity, any party associated with a construction project that 

meets either of the following two criteria:

1. The party has operational control over construction plans and specifications, including 

the ability to make modifications to those plans and specifications; or

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

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

direct workers at a site to carry out activities required by the permit). 

This definition is provided to inform permittees of EPA’s interpretation of how the regulatory 

definitions of “owner or operator” and “facility or activity” are applied to discharges of 

stormwater associated with construction activity.

“Ordinary High Water Mark” - the line on the shore established by fluctuations of water and 

indicated by physical characteristics such as a clear, natural line impressed on the bank, 

shelving, changes in the character of soil, destruction of terrestrial vegetation, and/or the 

presence of litter and debris.

“Outfall” - see “Discharge Point.”

“Permitting Authority” - for the purposes of this permit, EPA, a Regional Administrator of EPA, or 

an authorized representative.

“Point(s) of Discharge” – see “Discharge Point.”

“Point Source” - 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 discharged. This term does not include return 

flows from irrigated agriculture or agricultural stormwater runoff.

“Pollutant” - defined at 40 CFR §122.2. A partial listing from this definition includes: dredged 

spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, 

heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or municipal waste.

“Pollutant-Generating Activities” - at construction sites (for the purposes of this permit), those 

activities that lead to or could lead to the generation of pollutants, either as a result of earth-
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disturbance or a related support activity. Some of the types of pollutants that are typically 

found at construction sites are:

 sediment;

 nutrients;

 heavy metals;

 pesticides and herbicides;

 oil and grease;

 bacteria and viruses;

 trash, debris, and solids;

 treatment polymers; and

 any other toxic chemicals.

“Pollution Prevention Measures” - stormwater controls designed to reduce or eliminate the 

addition of pollutants to construction site discharges through analysis of pollutant sources, 

implementation of proper handling/disposal practices, employee education, and other actions.

“Polymers” - for the purposes of this permit, coagulants and flocculants used to control erosion 

on soil or to enhance the sediment removal capabilities of sediment traps or basins. Common 

construction site polymers include polyacrylamide (PAM), chitosan, alum, polyaluminum 

chloride, and gypsum.

“Prohibited Discharges” - discharges that are not allowed under this permit, including:

1. Wastewater from washout of concrete;

2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing 

compounds and other construction materials;

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

maintenance;

4. Soaps or solvents used in vehicle and equipment washing;

5. Toxic or hazardous substances from a spill or other release; and

6. Waste, garbage, floatable debris, construction debris, and sanitary waste from pollutantgenerating activities.

“Provisionally Covered Under this Permit” - for the purposes of this permit, EPA provides 

temporary coverage under this permit for emergency-related projects prior to receipt of a 

complete and accurate NOI. Discharges from earth-disturbing activities associated with the 

emergency-related projects are subject to the terms and conditions of the permit during the 

period of temporary coverage.

“Receiving Water” - a “Water of the United States” as defined in 40 CFR §122.2 into which the 

regulated stormwater discharges.

“Run-On” - sources of stormwater that drain from land located upslope or upstream from the 

regulated site in question.

“Semi-Arid Areas” - areas with an average annual rainfall of 10 to 20 inches.

“Site” - for construction activities, the land or water area where earth-disturbing activities take 

place, including construction support activities.
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“Small Construction Activity” - defined at 40 CFR §122.26(b)(15) and incorporated here by 

reference. A small construction activity includes clearing, grading, and excavating resulting in a 

land disturbance that will disturb equal to or greater than one (1) acre and less than five (5)

acres of land or will disturb less than one (1) acre of total land area but is part of a larger 

common plan of development or sale that will ultimately disturb equal to or greater than one (1) 

acre and less than five (5) acres. Small construction activity does not include routine 

maintenance that is performed to maintain the original line and grade, hydraulic capacity, or 

original purpose of the site.

“Small Residential Lot” - for the purpose of this permit, a lot being developed for residential 

purposes that will disturb less than 1 acre of land, but is part of a larger residential project that 

will ultimately disturb greater than or equal to 1 acre. 

“Snowmelt” - the conversion of snow into overland stormwater and groundwater flow as a result 

of warmer temperatures.

“Spill” - for the purpose of this permit, the release of a hazardous or toxic substance from its 

container or containment.

“Stabilization” - the use of vegetative and/or non-vegetative cover to prevent erosion and 

sediment loss in areas exposed through the construction process.

“Steep Slopes” - where a state, Tribe, local government, or industry technical manual (e.g., 

stormwater BMP manual) has defined what is to be considered a “steep slope”, this permit’s 

definition automatically adopts that definition. Where no such definition exists, steep slopes are 

automatically defined as those that are 15 percent or greater in grade.

“Storm Sewer System” - a conveyance or system of conveyances (including roads with drainage 

systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm 

drains) designed or used for collecting or conveying stormwater.

“Stormwater” - stormwater runoff, snow melt runoff, and surface runoff and drainage.

“Stormwater Control Measure” - refers to any stormwater control, BMP, or other method 

(including narrative effluent limitations) used to prevent or reduce the discharge of pollutants to 

waters of the United States.

“Stormwater Controls” - see “Stormwater Control measure.”

“Stormwater Discharge Associated with Construction Activity” - as used in this permit, a 

discharge of pollutants in stormwater to waters of the United States from areas where landdisturbing activities (e.g., clearing, grading, or excavation) occur, or where construction 

materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck chute 

washdown, fueling), or other industrial stormwater directly related to the construction process 

(e.g., concrete or asphalt batch plants), are located.

“Stormwater Inlet” - a structure placed below grade to conduct water used to collect 

stormwater runoff for conveyance purposes.

“Stormwater Team” - the group of individuals responsible for oversight of the development and 

modifications of the SWPPP, and oversight of compliance with the permit requirements. The 

individuals on the “Stormwater Team” must be identified in the SWPPP.

“Storm Event” - a precipitation event that results in a measurable amount of precipitation.

“Storm Sewer” - a system of pipes (separate from sanitary sewers) that carries stormwater runoff 

from buildings and land surfaces.

“Subcontractor” – for the purposes of this permit, an individual or company that takes a portion 

of a contract from the general contractor or from another subcontractor.
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“Surface Water” – a “Water of the United States” as defined in 40 CFR §122.2.

“SWPPP” (Stormwater Pollution Prevention Plan) - a site-specific, written document that, among 

other things: (1) identifies potential sources of stormwater pollution at the construction site; (2) 

describes stormwater control measures to reduce or eliminate pollutants in stormwater 

discharges from the construction site; and (3) identifies procedures the operator will implement 

to comply with the terms and conditions of this general permit.

“Temporary Stabilization” - a condition where exposed soils or disturbed areas are provided a 

temporary vegetative and/or non-vegetative protective cover to prevent erosion and sediment 

loss. Temporary stabilization may include temporary seeding, geotextiles, mulches, and other 

techniques to reduce or eliminate erosion until either final stabilization can be achieved or until 

further construction activities take place to re-disturb this area.

“Thawing Conditions” - for the purposes of this permit, thawing conditions are expected based 

on the historical likelihood of two or more days with daytime temperatures greater than 32 ̊F. This 

date can be determined by looking at historical weather data. Note: the estimation of thawing 

conditions is for planning purposes only. During construction the permittee will be required to 

conduct site inspections based upon actual conditions (i.e., if thawing conditions occur sooner 

than expected, the permittee will be required to conduct inspections at the regular frequency).

“Threatened Species” - defined in the Endangered Species Act at 16 U.S.C. 1531 as any species 

which is likely to become an endangered species within the foreseeable future throughout all or 

a significant portion of its range.

“Tier 2 Waters” - for antidegradation purposes, pursuant to 40 CFR 131.12(a)(2), those waters 

thatare characterized as having water quality that exceeds the levels necessary to support 

propagation of fish, shellfish, and wildlife and recreation in and on the water.

“Tier 2.5 Waters” - for antidegradation purposes, those waters designated by States or Tribes as 

requiring a level of protection equal to and above that given to Tier 2 waters, but less than that 

given Tier 3 waters. Some States have special requirements for these waters. 

“Tier 3 Waters” - for antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 waters are 

identified by states as having high quality waters constituting an Outstanding Natural Resource 

Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges, and waters of 

exceptional recreational or ecological significance.

“Total Maximum Daily Load” or “TMDL” - the sum of the individual wasteload allocations (WLAs) 

for point sources and load allocations (LAs) for nonpoint sources and natural background. If 

receiving water has only one point source discharger, the TMDL is the sum of that point source 

WLA plus the LAs for any nonpoint sources of pollution and natural background sources, 

tributaries, or adjacent segments. TMDLs can be expressed in terms of either mass per time, 

toxicity, or other appropriate measure.

“Toxic Waste” - see “Hazardous Materials.”

“Turbidity” - a condition of water quality characterized by the presence of suspended solids 

and/or organic material.

“Uncontaminated Discharge” – a discharge that does not cause or contribute to an 

exceedence of applicable water quality standards.

“Upland” - the dry land area above and ‘landward’ of the ordinary high water mark.

“Upset” - Upset means an exceptional incident in which there is unintentional and temporary 

noncompliance with technology based permit effluent limitations because of factors beyond 

your reasonable control. An upset does not include noncompliance to the extent caused by 
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operational error, improperly designed treatment facilities, inadequate treatment facilities, lack 

of preventive maintenance, or careless or improper operation. See 40 CFR 122.41(n)(1).

“Water-Dependent Structures” - structures or facilities that are required to be located directly 

adjacent to a waterbody or wetland, such as a marina, pier, boat ramp, etc.

“Water Quality Standards” - defined in 40 CFR § 131.3, and are provisions of State or Federal law 

which consist of a designated use or uses for the waters of the United States, water quality 

criteria for such waters based upon such uses, and an antidegradation policy to protect highquality waters. Water quality standards protect the public health or welfare, enhance the 

quality of water and serve the purposes of the Act.

“Waters of the United States” - defined at 40 CFR §122.2 as:

1. All waters which are currently used, or 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;

2. All interstate waters, including interstate wetlands;

3. All other waters such as intrastate 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:

a. Which are or could be used by interstate or foreign travelers for recreational or other 

purposes;

b. From which fish or shellfish are or could be taken and sold in interstate or foreign 

commerce; or

c. Which are used or could be used or could be used for industrial purposes by industries 

in interstate commerce;

4. All impoundments of waters otherwise defined as waters of the United States under this 

definition;

5. Tributaries of waters identified in paragraphs (1) through (4) of this definition;

6. The territorial sea; and

7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified 

in paragraphs (1) through (6) of this definition.

Waste treatment systems, including treatment ponds or lagoons designed to meet the 

requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also 

meet the criteria of this definition) are not waters of the United States. This exclusion applies 

only to manmade bodies of water which neither were originally created in waters of the 

United States (such as disposal area in wetlands) nor resulted from the impoundment of 

waters of the United States. Waters of the United States do not include prior converted 

cropland. Notwithstanding the determination of an area’s status as prior converted cropland 

by any other federal agency, for the purposes of the Clean Water Act, the final authority 

regarding Clean Water Act jurisdiction remains with EPA.

In applying this definition, EPA will consider applicable Court cases and current guidance.

“Wetland” - those areas that are inundated or saturated by surface or groundwater at a 

frequency and duration sufficient to support, and that under normal circumstances do support, 

a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 
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February 15, 2012

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generally include swamps, marshes, bogs, and similar areas. On-site evaluations are typically 

required to confirm the presence and boundaries of wetlands.

“Work day” – for the purposes of this permit, a work day is a calendar day on which construction 

activities will take place.

Acronyms

C&D - Construction & Development

CGP - Construction General Permit

CFR - Code of Federal Regulations

CWA - Clean Water Act

eNOI - Electronic Notice of Intent

EPA - United States Environmental Protection Agency

ESA - Endangered Species Act

FWS - United States Fish and Wildlife Service

MS4 - Municipal Separate Storm Sewer System

MSGP - Multi-Sector General Permit

NMFS - United States National Marine Fisheries Service

NOI - Notice of Intent

NOT - Notice of Termination

NPDES - National Pollutant Discharge Elimination System

NRC - National Response Center

NRCS - National Resources Conservation Service

POTW - Publicly Owned Treatment Works

SPCC - Spill Prevention Control and Countermeasure

SWPPP - Stormwater Pollution Prevention Plan

TMDL - Total Maximum Daily Load

USGS - United States Geological Survey

WQS - Water Quality Standard