Proposed 2017 Construction General Permit (CGP)

National Pollutant Discharge Elimination System 

General Permit for Discharges from 

Construction Activities

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

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

activities (defined in Appendix A) that meet the requirements of Part 1.1 of this National 

Pollutant Discharge Elimination System (NPDES) general permit, are authorized to discharge 

pollutants in accordance with the effluent limitations and conditions set forth herein. Permit 

coverage is required from the “commencement of construction activities” (see Appendix A) 

until one of the conditions for terminating CGP coverage has been met (see Part 8.2).

This permit becomes effective on [insert permit effective date].

This permit and the authorization to discharge expire at midnight, [insert date 5 years from 

effective date]. 

Signed and issued this day of 2017

Name

Title, Region 1

Signed and issued this day of 2017

Name

Title, Region 6

Signed and issued this day of 2017

Name

Title, Region 2

Signed and issued this day of 2017

Name

Title, Region 7

Signed and issued this day of 2017

Name

Title, Region 2 Caribbean Office

Signed and issued this day of 2017

Name

Title, Region 8

Signed and issued this day of 2017

Name

Title, Region 3

Signed and issued this day of 2017

Name

Title, Region 9

Signed and issued this day of 2017

Name

Title, Region 4

Signed and issued this day of 2017

Name

Title, Region 10

Signed and issued this day of 2017

Name

Title, Region 5
Proposed 2017 Construction General Permit (CGP)

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CONTENTS

1 How to Obtain Coverage Under the Construction General Permit (CGP)...................................1

1.1 Eligibility Conditions..........................................................................................................................1

1.2 Types of Discharges Authorized.....................................................................................................2

1.3 Prohibited Discharges......................................................................................................................4

1.4 Submitting your Notice of Intent (NOI).........................................................................................4

1.5 Requirement to Post a Notice of Your Permit Coverage .........................................................6

2 Technology-Based Effluent Limitations.............................................................................................7

2.1 General Stormwater Control Design, Installation, and Maintenance Requirements.........7

2.2 Erosion and Sediment Control Requirements .............................................................................8

2.3 Pollution Prevention Requirements .............................................................................................14

2.4 Construction Dewatering Requirements....................................................................................17

3 Water Quality-Based Effluent Limitations........................................................................................18

3.1 General Effluent Limitation to Meet Applicable Water Quality Standards.........................18

3.2 Discharge Limitations for SItes Discharging to Sensitive Waters ............................................19

4 Site Inspection Requirements ..........................................................................................................19

4.1 Person(s) Responsible for Inspecting Site ...................................................................................19

4.2 Frequency of Inspections..............................................................................................................20

4.3 Increase in Inspection Frequency for Sites Discharging to Sensitive Waters.......................20

4.4 Reductions in Inspection Frequency ..........................................................................................21

4.5 Areas that MUST Be Inspected.....................................................................................................22

4.6 Requirements for Inspections.......................................................................................................22

4.7 Inspection Report ...........................................................................................................................23

4.8 Inspections By EPA..........................................................................................................................23

5 Corrective Actions ............................................................................................................................24

5.1 Conditions Triggering Corrective Action....................................................................................24

5.2 Corrective Action Deadlines........................................................................................................24

5.3 Corrective Action Required by EPA............................................................................................24

5.4 Corrective Action Report..............................................................................................................25

6 Staff Training Requirements..............................................................................................................26

7 Stormwater Pollution Prevention Plan (SWPPP)..............................................................................27

7.1 General Requirements ..................................................................................................................27

7.2 SWPPP Contents..............................................................................................................................27

7.3 On-Site Availability of Your SWPPP ..............................................................................................33

7.4 SWPPP Modifications......................................................................................................................33
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8 How to Terminate Coverage ...........................................................................................................34

8.1 Minimum Information Required in NOT ......................................................................................34

8.2 Conditions for Terminating CGP Coverage ..............................................................................34

8.3 How to Submit Your NOT ...............................................................................................................35

8.4 Deadline for Submitting the NOT.................................................................................................35

8.5 Effective Date of Termination of Coverage..............................................................................35

9 Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories.............35

Appendix A: Definitions and Acronyms..................................................................................................A-1

Appendix B: Permit Areas Eligible for Coverage and EPA Regional Addresses............................. B-1

Appendix C: Small Construction Waivers and Instructions................................................................ C-1

Appendix D: Eligibility Procedures Relating to Threatened and Endangered Species Protection...

D-1

Appendix E: Historic Property Screening Process.................................................................................. E-1

Appendix F: List of Tier 3, Tier 2, and Tier 2.5 Waters ..............................................................................F-1

Appendix G: Buffer Requirements.......................................................................................................... G-1

Appendix H: 2-Year, 24-Hour Storm Frequencies..................................................................................H-1

Appendix I: Standard Permit Conditions..................................................................................................I-1

Appendix J: Notice of Intent (NOI) Form and Instructions...................................................................J-1

Appendix K: Notice of Termination (NOT) Form and Instructions ...................................................... K-1

Appendix L: Suggested Format for Request for Chemical Treatment ..............................................L-1
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1 HOW TO OBTAIN COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT (CGP)

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

the requirements for obtaining permit coverage in this Part.

1.1 ELIGIBILITY CONDITIONS

1.1.1 You are an “operator” (as defined in Appendix A) of a construction site for which 

discharges will be covered under this permit;1

1.1.2 Your site’s construction activities:

Will disturb one or more acres of land, or will disturb less than one acre of land but are

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

more acres of land; or

Have been designated by EPA as needing permit coverage under 40 CFR

122.26(a)(1)(v) or 40 CFR 122.26(b)(15)(ii);

1.1.3 Your site is located in an area where EPA is the permitting authority (see Appendix B);

1.1.4 Discharges from your site are not:

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

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

discharge denied, terminated, or revoked.2, 3

 

1 Where there are multiple operators associated with the same site, all operators are required to obtain 

permit coverage. The following applies in these situations: 

1. Operators may divide responsibility for compliance with the terms of this permit provided that each 

Stormwater Pollution Prevention Plan (SWPPP), or a group SWPPP, documents which operator has 

responsibility for each requirement of the permit. However, the sharing of responsibilities for 

complying with the terms of the permit does not waive an individual operator’s liability should 

another operator fail to implement any measures that are necessary for that individual operator to 

comply with the permit. In addition, where responsibilities are shared, all operators must ensure, 

either directly or through coordination with other operators, that their activities do not render any 

other operators’ controls and/or any shared controls ineffective. Thus, each individual operator is 

liable for compliance with all applicable requirements of the permit, including the installation and 

maintenance of any shared controls, regardless of how permit responsibilities are allocated among 

multiple operators. 

2. If any individual operator develops a separate SWPPP, that operator remains responsible for 

compliance with all effluent limits, terms, and conditions of this permit that apply to discharges of 

stormwater from the operator’s site, including requirements that apply to any shared controls relied 

upon by the operator. 

3. If the operator of a “construction support activity” (see Part 1.2.1c) is different than the operator of 

the main site, that operator is also required to obtain permit coverage. 

Request for comment 1: EPA requests comment on whether the permit should include a 

provision for sites with multiple operators requiring those operators to develop a group SWPPP, 

which would provide in one place documentation as to how the permit responsibilities will be 

divided among the permitted parties. 

2 Parts 1.1.4a and 1.1.4b do not include sites currently covered under the 2012 CGP, which are in the 

process of obtaining coverage under this permit, and sites covered under this permit, that are transferring 

coverage to a different operator.

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

description of Parts 1.1.4a or 1.1.4b, above, EPA may waive the applicable requirement after specific 
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1.1.5 You are able to demonstrate that you meet one of the criteria listed in Appendix D with 

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

threatened under the Endangered Species Act (ESA) and federally designated critical 

habitat;

1.1.6 You have completed the screening process in Appendix E relating to the protection of 

historic properties; and

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

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

1.1.8 For “new sources” (as defined in Appendix A) only:

You are not eligible for coverage under this permit for discharges that EPA, prior to 

authorization under this permit, determines will cause, have the reasonable potential 

to cause, or contribute to an excursion above any applicable water quality 

standard. Where such a determination is made prior to authorization, EPA may notify 

you that an individual permit application is necessary. However, EPA may authorize 

your coverage under this permit after you have included appropriate controls and 

implementation procedures designed to bring your discharge into compliance with 

water quality standards. In the absence of information demonstrating otherwise, EPA 

expects that compliance with the requirements of this permit, including the 

requirements applicable to such discharges in Part 3, will result in discharges that will 

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

above any applicable water quality standard.

You are eligible to discharge to a Tier 2, Tier 2.5, or Tier 3 water4 only if your discharge 

will not lower the water quality of the applicable water. In the absence of information 

demonstrating otherwise, EPA expects that compliance with the requirements of this 

permit, including the requirements applicable to such discharges in Part 3.2, will result 

in discharges that will not lower the water quality of the applicable water.

1.1.9 If you plan to add “cationic treatment chemicals” (as defined in Appendix A) to 

stormwater and/or authorized non-stormwater prior to discharge, you may not submit 

your Notice of Intent (NOI) unless and until you notify your applicable EPA Regional 

Office (see Appendix L) in advance and the EPA Regional Office authorizes coverage 

under this permit after you have included appropriate controls and implementation 

procedures designed to ensure that your use of cationic treatment chemicals will not 

lead to discharges that cause an exceedance of water quality standards.

1.2 TYPES OF DISCHARGES AUTHORIZED5

1.2.1 The following stormwater discharges are authorized under this permit provided that 

appropriate stormwater controls are designed, installed, and maintained (see Part 2):

 

review if it determines that coverage under this permit is appropriate.

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

you discharge is identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that 

enter a storm sewer system prior to discharge, the first water of the U.S. to which you discharge is the 

waterbody that receives the stormwater discharge from the storm sewer system. See list of Tier 2, Tier 2.5, 

and Tier 3 waters in Appendix F.

5 Note: Any discharges not expressly authorized in this permit cannot become authorized or shielded from 

liability under CWA section 402(k) by disclosure to EPA, state, or local authorities after issuance of this permit 

via any means, including the Notice of Intent (NOI) to be covered by the permit, the SWPPP, or during an 

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

runoff and drainage, associated with construction activity under 40 CFR 122.26(b)(14) 

or 122.26(b)(15)(i);

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

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

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

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

disposal areas, borrow areas) provided that:

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

permit coverage for stormwater discharges;

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

unrelated construction sites;

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

construction activity at the site it supports; and

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

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

1.2.2 The following non-stormwater discharges associated with your construction activity are 

authorized under this permit provided that, with the exception of water used to control

dust and to irrigate vegetation in stabilized areas, these discharges are not routed to 

areas of exposed soil on your site and you comply with any applicable requirements for 

these discharges in Part 2:

Discharges from emergency fire-fighting activities;

Fire hydrant flushings;

Landscape irrigation;

Water used to wash vehicles and equipment, provided that there is no discharge of 

soaps, solvents, or detergents used for such purposes;

Water used to control dust;

Potable water including uncontaminated water line flushings;

External building washdown, provided soaps, solvents, and detergents are not used, 

and external surfaces do not contain hazardous substances (e.g., paint or caulk 

containing PCBs);

Request for Comment 2: It is EPA’s expectation that very few sites will be conducting external 

building washdown activities under the CGP, and that of the few permittees that will conduct 

these activities, most of the resulting discharges will not contain hazardous substances. EPA also 

expects that many permittees needing to conduct external building washdown activities can 

do so without discharging into a waterbody, e.g., by directing washwater flow into a pervious or 

vegetated area for infiltration. Thus, EPA assumes that any increase in burden associated with 

the proposed new condition that such discharges must not contain hazardous substances will 

be minimal. EPA requests comment on this proposed new condition, and is interested in 

receiving feedback on how frequently external building washdown activities are conducted by 

permittees covered under the CGP, and how frequently such discharges are expected to 

contain hazardous substances (e.g., paint or caulk containing PCBs).
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Pavement wash waters provided spills or leaks of toxic or hazardous substances have 

not occurred (unless all spill material has been removed) and where soaps, solvents, 

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

waters directly into any water of the U.S., storm drain inlet, or stormwater 

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

trap, or similarly effective control;

Uncontaminated air conditioning or compressor condensate;

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

Foundation or footing drains where flows are not contaminated with process 

materials such as solvents or contaminated ground water; and

Construction dewatering water discharged in accordance with Part 2.4.

1.2.3 Also authorized under this permit are discharges of stormwater listed above in Part 1.2.1, 

or authorized non-stormwater discharges listed above in Part 1.2.2, commingled with a 

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

require NPDES permit authorization.

1.3 PROHIBITED DISCHARGES6

1.3.1 Wastewater from washout of concrete;

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

compounds, and other construction materials;

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

maintenance;

1.3.4 Soaps, solvents, or detergents used in vehicle and equipment washing or external 

building washdown; and 

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

To prevent the above-listed prohibited non-stormwater discharges, operators are 

required to comply with the applicable pollution prevent requirements in Part 2.3.

1.4 SUBMITTING YOUR NOTICE OF INTENT (NOI)

All “operators” (as defined in Appendix A) associated with your construction site, who 

meet the Part 1.1 eligibility requirements, and who seek coverage under this permit, are 

required to submit to EPA a complete and accurate NOI in accordance with the 

deadlines in Table 1 prior to commencing construction activities.7

Exception: If you are conducting construction activities in response to a public 

emergency (e.g., mud slides, earthquake, extreme flooding conditions, widespread 

disruption in essential public services), and the related work requires immediate 

authorization to avoid imminent endangerment to human health, public safety, or the 

environment, or to reestablish essential public services, you are authorized to discharge 

on the condition that a complete and accurate NOI is submitted within 30 calendar 

days after commencing construction activities (see Table 1) establishing that you are 

 

6 EPA includes these prohibited non-stormwater discharges here as a reminder to the operator that the only 

non-stormwater discharges authorized by this permit are at Part 1.2.2. Any unauthorized non-stormwater 

discharges must be covered under an individual permit or alternative general permit. 

7 You must develop a SWPPP consistent with Part 7 prior to submitting your NOI for coverage under this 

permit.
 Proposed 2017 Construction General Permit (CGP)

Page 5

eligible for coverage under this permit. You are also required to provide documentation 

in your Stormwater Pollution Prevention Plan (SWPPP) to substantiate the occurrence of 

the public emergency.

1.4.1 How to Submit Your NOI

You are required to use EPA’s NPDES eReporting Tool (NeT) to electronically prepare 

and submit your NOI for coverage under the 2017 CGP, unless you received a waiver 

from your EPA Regional Office.

To access NeT, go to https://www.epa.gov/npdes/stormwater-dischargesconstruction-activities#ereporting. 

Waivers from electronic reporting may be granted based on one of the following 

conditions:

a. If your operational headquarters is physically located in a geographic area 

(i.e., ZIP code or census tract) that is identified as under-served for broadband 

Internet access in the most recent report from the Federal Communications 

Commission; or

b. If you have limitations regarding available computer access or computer

capability.

If the EPA Regional Office grants you approval to use a paper NOI, and you elect to 

use it, you must complete the form in Appendix J.

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

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

permit coverage, which differ depending on when you commence construction

activities. 

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

Type of Operator NOI Submittal Deadline8 Permit Authorization Date9

Operator of a new site (i.e., a 

site where construction 

activities commence on or 

after February 16, 2017)

At least 14 calendar days 

prior to commencing 

construction activities. 

14 calendar days after EPA 

notifies you that it has 

received a complete NOI, 

unless EPA notifies you that 

your authorization is delayed 

Operator of an existing site or denied.

(i.e., a site with 2012 CGP 

coverage where construction 

activities commenced prior to 

February 16, 2017)

No later than [90 calendar 

days after permit effective 

date].

 

8

If you missed the deadline to submit your NOI, any and all discharges from your construction activities will 

continue to be unauthorized under the CWA until they are covered by this or a different NPDES permit. EPA 

may take enforcement action for any unpermitted discharges that occur between the commencement of 

construction activities and discharge authorization.

9 Discharges are not authorized if your NOI is incomplete or inaccurate or if you are not eligible for permit 

coverage.
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New operator of a new or 

existing site (i.e., an operator 

that through transfer of 

ownership and/or operation 

replaces the operator of an 

already permitted 

construction site)

At least 14 calendar days 

before the date the transfer 

to the new operator will take 

place. 

Operator of an “emergencyrelated project” (i.e., a 

project initiated in response to 

a public emergency (e.g.,

mud slides, earthquake,

extreme flooding conditions,

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)

No later than 30 calendar 

days after commencing 

construction activities.

You are considered 

provisionally covered under 

the terms and conditions of 

this permit immediately, and 

fully covered 14 calendar 

days after EPA notifies you 

that it has received a 

complete NOI, unless EPA 

notifies you that your 

authorization is delayed or 

denied.

1.4.3 Modifying your NOI

If after submitting your NOI you need to correct or update any fields, you may do so by 

submitting a “Change NOI” form using NeT. Waivers from electronic reporting may be 

granted as specified in Part 1.4.1. If you the EPA Regional Office has granted you 

approval to submit a paper NOI modification, you may indicate any NOI changes on the 

same NOI form in Appendix J.

When there is a change to the site’s operator, a new NOI must be submitted by the new 

operator, and the previous operator must submit a Notice of Termination (NOT) form as 

specified in Part 8.3.

1.4.4 Your Official End Date of Permit Coverage

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

a. You terminate permit coverage consistent with Part 8; or

b. You receive permit coverage under a different NPDES permit or a reissued or

replacement version of this permit after expiring on February 16, 2022; or

c. You fail to submit an NOI for coverage under a revised or replacement 

version of this permit prior to the deadline for existing construction sites where 

construction activities continue after this permit has expired. 

1.5 REQUIREMENT TO POST A NOTICE OF YOUR PERMIT COVERAGE

You must post a sign or other notice of your permit coverage at a safe, publicly 

accessible location in close proximity to the construction site. The notice must be located 

so that it is visible from the public road that is nearest to the active part of the 

construction site, and it must use a font large enough to be readily viewed from a public 

right-of-way. At a minimum, the notice must include the NPDES ID (i.e., permit tracking 

number assigned to your NOI), a contact name and phone number for obtaining 
 Proposed 2017 Construction General Permit (CGP)

Page 7

additional construction site information, and if available, the Uniform Resource Locator 

(URL) for the SWPPP. The notice must include the following statement “If you observe 

indicators of stormwater pollutants in the discharge or in the receiving waterbody, 

contact the EPA Regional Office at [include the appropriate Regional Office contact 

information for noncompliance reporting found at https://www2.epa.gov/nationalpollutant-discharge-elimination-system-npdes/contact-us-stormwater#regional].” 

2 TECHNOLOGY-BASED EFFLUENT LIMITATIONS

You are required to comply with the following technology-based effluent limitations in 

this Part for all authorized discharges.

10

2.1 GENERAL STORMWATER CONTROL DESIGN, INSTALLATION, AND MAINTENANCE

REQUIREMENTS

You must design, install, and maintain stormwater controls required in Parts 2.2 and 

2.3 to minimize the discharge of pollutants in stormwater from construction activities. 

To meet this requirement, you must:

2.1.1 Account for the following factors in designing your stormwater controls:

The expected amount, frequency, intensity, and duration of precipitation;

The nature of stormwater runoff and run-on at the site, including factors such as 

expected flow from impervious surfaces, slopes, and site drainage features. You must 

design stormwater controls to control stormwater volume, velocity, and peak flow 

rates to minimize discharges of pollutants in stormwater and to minimize channel and 

streambank erosion and scour in the immediate vicinity of discharge points; and

The soil type and range of soil particle sizes expected to be present on the site.

2.1.2 Design and install all stormwater controls in accordance with good engineering 

practices, including applicable design specifications.

11

2.1.3 Complete installation of stormwater controls by the time each phase of construction 

activities has begun. 

By the time construction activities in any given portion of the site begins, install and 

make operational any downgradient sediment controls (e.g., buffers, perimeter 

controls, exit point controls, storm drain inlet protection) that control discharges from 

the initial site clearing, grading, excavating, and other earth-disturbing activities.12

 

10 For each of the effluent limits in Part 2, as applicable to your site, you must include in your SWPPP (1) a 

description of the specific control(s) to be implemented to meet the effluent limit; (2) any applicable 

design specifications; (3) routine maintenance specifications; and (4) the projected schedule for its 

installation/implementation. See Part 7.2.6.

11 You must also comply with any additional design and installation requirements specified for the effluent 

limits in Parts 2.2 and 2.3. Design specifications may be found in manufacturer specifications and/or in 

applicable erosion and sediment control manuals or ordinances. Any departures from such specifications 

must reflect good engineering practice and must be explained in your SWPPP.

12 Note that the requirement to install stormwater controls prior to each phase of construction activities for 

the site does not apply to the earth disturbance associated with the actual installation of these controls.

Operators should take all reasonable actions to minimize the discharges of pollutants during the installation 

of stormwater controls. 
 Proposed 2017 Construction General Permit (CGP)

Page 8

Following the installation of these initial controls, install and make operational all 

stormwater controls needed to control discharges prior to subsequent earthdisturbing activities.

2.1.4 Ensure that all stormwater controls are maintained and remain in effective operating 

condition during permit coverage and are protected from activities that would reduce 

their effectiveness. 

Comply with any specific maintenance needs for the stormwater controls listed in this 

permit, as well as any recommended by the manufacturer. 

If at any time you find that a stormwater control needs routine maintenance, you 

must immediately initiate the needed maintenance work, and complete such work 

by the close of the next business day.

If at any time you find that a stormwater control needs repair or replacement, you 

must comply with the corrective action requirements in Part 5.

2.2 EROSION AND SEDIMENT CONTROL REQUIREMENTS

You must implement erosion and sediment controls in accordance with the following 

requirements to minimize the discharge of pollutants in stormwater from construction 

activities.

2.2.1 Provide and maintain natural buffers and/or equivalent erosion and sediment controls

when a water of the U.S. is located within 50 feet of the site’s earth disturbances.

Compliance Alternatives. For any discharges to waters of the U.S. located within 50 

feet of your site’s earth disturbances, you must comply with one of the following 

alternatives:

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

ii. Provide and maintain an undisturbed natural buffer that is less than 50 feet and is 

supplemented by erosion and sediment controls that achieve, in combination,

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

iii. If infeasible to provide and maintain an undisturbed natural buffer of any size, 

implement erosion and sediment controls to achieve the sediment load 

reduction equivalent to a 50-foot undisturbed natural buffer. 

See Appendix G, Part G.2 for additional conditions applicable to each compliance 

alternative.

Exceptions. See Appendix G, Part G.2 for exceptions to the compliance alternatives.

2.2.2 Direct stormwater to vegetated areas and maximize stormwater infiltration and filtering to 

reduce pollutant discharges, unless infeasible.

2.2.3 Install sediment controls along any perimeter areas of the site that will receive pollutant 

discharges.

13

Remove sediment before it has accumulated to one-half of the above-ground 

height of any perimeter control.

Exception. For areas at “linear construction sites” (as defined in Appendix A) where 

perimeter controls are infeasible (e.g., due to a limited or restricted right-of-way), 

 

13 Examples of perimeter controls include filter berms, silt fences, vegetative strips, and temporary diversion 

dikes.
 Proposed 2017 Construction General Permit (CGP)

Page 9

implement other practices as necessary to minimize pollutant discharges to perimeter 

areas of the site.

2.2.4 Minimize sediment track-out.

Restrict vehicle use to properly designated exit points;

Use appropriate stabilization techniques14 at all points that exit onto paved roads. 

Exception: Stabilization is not required for exit points at linear utility construction sites 

that are used only episodically and for very short durations over the life of the project, 

provided other exit point controls15 are implemented to minimize sediment track-out;

Implement additional track-out controls16 as necessary to ensure that sediment 

removal occurs prior to vehicle exit; and

Where sediment has been tracked-out from your site onto paved roads, sidewalks, or 

other paved areas, remove the deposited sediment by the end of the same business

day in which the track-out occurs or by the end of the next business day if track-out 

occurs on a non-business day. Remove the track-out by sweeping, shoveling, or 

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

removal. You are prohibited from hosing or sweeping tracked-out sediment into any 

stormwater conveyance, storm drain inlet, or water of the U.S.

17

2.2.5 Manage stockpiles or land clearing debris piles composed, in whole or in part, of 

sediment and/or soil:

Locate the piles outside of any natural buffers established under Part 2.2.1 and away 

from any stormwater conveyances, drain inlets, and areas where stormwater flow is 

concentrated;

Surround piles with a sediment barrier;18

Provide cover or appropriate temporary stabilization (consistent with the 

requirements of Part 2.2.14), and contain and securely protect from wind, for piles 

that will be unused for 14 or more days; and

You are prohibited from hosing down or sweeping soil or sediment accumulated on 

pavement or other impervious surfaces into any stormwater conveyance, storm drain 

inlet, or water of the U.S.

 

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

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

15 Examples of other exit point controls include preventing the use of exit points during wet periods; 

minimizing exit point use by keeping vehicles on site to the extent possible; limiting exit point size to the 

width needed for vehicle and equipment usage; using scarifying and compaction techniques on the soil; 

and avoiding establishing exit points in environmentally sensitive areas (e.g., karst areas; steep slopes. 

16 Examples of additional track-out controls include the use of wheel washing, rumble strips, and rattle 

plates.

17 Fine grains that remain visible (i.e., staining) on the surfaces of off-site streets, other paved areas, and 

sidewalks after you have implemented sediment removal practices are not a violation of Part 2.2.4.

18 Examples of sediment barriers include berms, dikes, fiber rolls, silt fences, sandbags, gravel bags, or straw 

bale.
 Proposed 2017 Construction General Permit (CGP)

Page 10

2.2.6 Minimize dust. On areas of exposed soil, minimize the generation of dust through the 

appropriate application of water or other dust suppression techniques.

2.2.7 Minimize steep slope disturbances. Minimize the disturbance of “steep slopes” (as 

defined in Appendix A).

2.2.8 Preserve native topsoil, unless infeasible.19

2.2.9 Minimize soil compaction.

20 In areas of your site where final vegetative stabilization will 

occur or where infiltration practices will be installed:

Restrict vehicle and equipment use in these locations to avoid soil compaction; and

Prior to seeding or planting areas of exposed soil that have been compacted, use 

techniques that rehabilitate and condition the soils as necessary to support 

vegetative growth.

2.2.10 Protect storm drain inlets. 

Install inlet protection measures that remove sediment from discharges prior to entry 

into any storm drain inlet that carries stormwater flow from your site to a water of the 

U.S. that you have authority to access;

21 and

Clean, or remove and replace, the protection measures as sediment accumulates, 

the filter becomes clogged, and/or performance is compromised. Where there is 

evidence of sediment accumulation adjacent to the inlet protection measure, 

remove the deposited sediment by the end of the same business day in which it is 

found or by the end of the following business day if removal by the same business 

day is not feasible.

2.2.11 Minimize erosion of stormwater conveyance channels and their embankments, outlets, 

adjacent streambanks, slopes, and downstream waters. Use erosion controls and velocity

dissipation devices22 within and along the length of any stormwater conveyance 

channel and at any outlet to slow down runoff to minimize erosion. 

2.2.12 If you install a sediment basin or similar impoundment:

Situate the basin or impoundment outside of any water of the U.S. and any natural 

buffers established under Part 2.2.1;

Design the basin or impoundment to avoid collecting water from wetlands;

 

19 Stockpiling topsoil at off-site locations, or transferring topsoil to other locations, is an example of a 

practice that is consistent with the requirements in Part 2.2.8.

Preserving native topsoil is not required where the intended function of a specific area of the site dictates 

that the topsoil be disturbed or removed. For example, some sites may be designed to be highly impervious 

after construction, and therefore little or no vegetation is intended to remain, or may not have space to 

stockpile native topsoil on site for later use, in which case, it may not be feasible to preserve topsoil. 

20 Minimizing soil compaction is not required where the intended function of a specific area of the site 

dictates that it be compacted. 

21 Inlet protection measures can be removed in the event of flood conditions or to prevent erosion.

22 Examples of velocity dissipation devices include check dams, sediment traps, riprap, and grouted riprap 

at outlets.
 Proposed 2017 Construction General Permit (CGP)

Page 11

Design the basin or impoundment to provide storage for either:

i. The calculated volume of runoff from a 2-year, 24-hour storm (see Appendix H); or

ii. 3,600 cubic feet per acre drained.

Utilize outlet structures that withdraw water from the surface of the sediment basin or 

similar impoundment, unless infeasible;23

Use erosion controls and velocity dissipation devices to prevent erosion at inlets and 

outlets; and

Remove accumulated sediment to maintain at least one-half of the design capacity

and conduct all other appropriate maintenance to ensure the basin or 

impoundment remains in effective operating condition.

2.2.13 If using treatment chemicals (e.g., polymers, flocculants, coagulants):

Use conventional erosion and sediment controls prior to and after the application of 

treatment chemicals. Chemicals may only be applied where treated stormwater is 

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

discharge.

Select appropriate treatment chemicals. Chemicals must be appropriately suited to 

the types of soils likely to be exposed during construction and present in the 

discharges being treated (i.e., the expected turbidity, pH, and flow rate of 

stormwater flowing into the chemical treatment system or area).

Minimize discharge risk from stored chemicals. Store all treatment chemicals in leakproof containers that are kept under storm-resistant cover and surrounded by 

secondary containment structures (e.g., spill berms, decks, spill containment pallets), 

or provide equivalent measures designed and maintained to minimize the potential 

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

chemicals in covered area, having a spill kit available on site and ensuring personnel 

are available to respond expeditiously in the event of a leak or spill).

Comply with state/local requirements. Comply with applicable state and local 

requirements affecting the use of treatment chemicals.

Use chemicals in accordance with good engineering practices and specifications of 

the chemical provider/supplier. Use treatment chemicals and chemical treatment 

systems in accordance with good engineering practices, and with dosing 

specifications and sediment removal design specifications provided by the 

provider/supplier of the applicable chemicals, or document in your SWPPP specific 

departures from these specifications and how they reflect good engineering 

practice.

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

chemicals at the construction site are provided with appropriate, product-specific 

training. Among other things, the training must cover proper dosing requirements.

Comply with additional requirements for the approved use of cationic chemicals. If 

you have been authorized to use cationic chemicals at your site pursuant to Part 

 

23 The circumstances in which it is infeasible to design outlet structures in this manner are rare. Exceptions 

may include areas with extended cold weather, where surface outlets may not be feasible during certain 

time periods (although it is expected that they would be used during other periods). If you determine that it 

is infeasible to meet this requirement, you must provide documentation in your SWPPP to support your 

determination, including the specific conditions or time periods when this exception will apply.
 Proposed 2017 Construction General Permit (CGP)

Page 12

1.1.9, and the authorization is conditioned on your compliance with additional 

requirements necessary to ensure that the use of such chemicals will not cause an 

exceedance of water quality standards, you are required to comply with all such 

requirements.

2.2.14 Stabilize exposed portions of the site.

24 Implement and maintain stabilization measures 

(e.g., seeding protected by erosion controls until vegetation is established, sodding, 

mulching, erosion control blankets, hydromulch, gravel) that minimize erosion from 

exposed portions of the site in accordance with Parts 2.2.14a and 2.2.14b.

Stabilization Deadlines:25

i. Initiate the installation of stabilization measures immediately26 in any areas of

exposed soil where construction activities have ceased and will not resume for 14 

or more calendar days;27 and

ii. Complete the installation of stabilization measures as soon as practicable, but no 

later than 14 calendar days after stabilization has been initiated.28

Request for Comment 3: EPA is considering modifying the deadline to complete stabilization 

from 14 calendar days to 7 calendar days after stabilization has been initiated (except for sites in 

arid, semi-arid, and drought-stricken areas and for permittees affected by circumstances 

beyond their control) in order to ensure discharges meet water quality standards. Under the 

current 2012 CGP, sites discharging to sensitive waters (i.e., impaired waters and Tier 2, 2.5, or 3 

 

24 Stabilization is not required if the intended function of a specific area of the site necessitates that it 

remain disturbed, and only the minimum area needed remains disturbed (e.g., dirt access roads, utility pole 

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

25 EPA may determine, based on an inspection carried out under Part 4.8 and corrective actions required 

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

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

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

require stabilization to correct this problem.

26 The following types of activities would constitute the immediate initiation of stabilization:

1. Prepping the soil for vegetative or non-vegetative stabilization as long as seeding, planting, and/or 

installation of non-vegetative stabilization products takes place as soon as practicable, but no later 

than 1 day of completing soil preparation;

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

3. Seeding or planting the exposed area;

4. Starting any of the activities in # 1 – 3 on a portion of the entire area that will be stabilized; and

5. Finalizing arrangements to have stabilization product fully installed in compliance with the deadlines for 

completing stabilization.

27 The requirement to initiate stabilization immediately is triggered as soon as you know that construction 

work on a portion of the site is temporarily ceased and will not resume for 14 or more days, or as soon as 

you know that construction work is permanently ceased. 

In the context of this provision, “immediately” means as soon as practicable, but no later than the end of 

the next business day, following the day when the construction activities have temporarily or permanently 

ceased.

28 If vegetative stabilization measures are being implemented, stabilization is considered “installed” when 

all activities necessary to seed or plant the area are completed. If non-vegetative stabilization measures 

are being implemented, stabilization is considered “installed” when all such measures are installed or 

applied. 
 Proposed 2017 Construction General Permit (CGP)

Page 13

waters) must complete stabilization within a 7-day timeframe. EPA requests comment on 

completing stabilization within 7-days for all sites (except for sites in arid, semi-arid, and droughtstricken areas and for permittees affected by circumstances beyond their control).

iii. Exceptions:

 Arid, semi-arid, and drought-stricken areas (as defined in Appendix A). If it is

the seasonally dry period or during a period in which drought is occurring,

and vegetative stabilization measures are being used:

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

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

installation of temporary non-vegetative stabilization measures to the 

extent necessary to prevent erosion; 

- As soon as practicable, given conditions or circumstances on the site, 

complete all activities necessary to seed or plant the area to be 

stabilized; and

- If construction is occurring during the seasonally dry period, indicate in 

your SWPPP the beginning and ending dates of the seasonally dry 

period and your site conditions. Also include the schedule you will follow 

for initiating and completing vegetative stabilization.

 Permittees that are affected by unforeseen circumstances29 that delay the 

initiation and/or completion of vegetative stabilization:

- Immediately initiate, and within 14 calendar days complete, the 

installation of temporary non-vegetative stabilization measures to 

prevent erosion; 

- Complete all soil conditioning, seeding, watering or irrigation 

installation, mulching, and other required activities related to the 

planting and initial establishment of vegetation as soon as conditions 

or circumstances allow it on your site; and

- Document in the SWPPP the circumstances that prevent you from 

meeting the deadlines in Part 2.2.14a and the schedule you will 

follow for initiating and completing stabilization.

 Discharges to a sediment- or nutrient-impaired water or to a water that is 

identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for 

antidegradation purposes. Complete stabilization as soon as 

practicable, but no later than 7 calendar days after stabilization has 

been initiated. See Request for Comment 3. 

Final Stabilization Criteria (for any areas not covered by permanent structures):

i. Vegetation must provide a uniform (i.e., evenly distributed, without large bare 

areas) perennial cover with a density of 70 percent or more of the natural 

background cover; and/or

ii. Permanent non-vegetative stabilization measures30 must be implemented to 

provide effective cover. 

 

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

and unsuitability of soil conditions due to excessive precipitation and/or flooding.

30 Examples of permanent non-vegetative stabilization measures include riprap, gabions, and geotextiles. 
 Proposed 2017 Construction General Permit (CGP)

Page 14

iii. Exceptions:

 Arid, semi-arid, and drought-stricken areas (as defined in Appendix A). If it is

the seasonally dry period or during a period in which drought is occurring,

final stabilization is met if the area has been seeded or planted to provide 

established vegetation that covers 70 percent or more of the natural 

background cover within 3 years and, to the extent necessary to prevent 

erosion on the seeded or planted area, non-vegetative erosion controls have 

been applied that provide cover for at least three years without active 

maintenance. 

 Disturbed areas on agricultural land that are restored to their preconstruction 

agricultural use. The Part 2.2.14b final stabilization criteria does not apply. 

2.3 POLLUTION PREVENTION REQUIREMENTS31

You must implement pollution prevention controls in accordance with the following 

requirements to minimize the discharge of pollutants in stormwater and to prevent the 

discharge of pollutants from spilled or leaked materials from construction activities.

2.3.1 For equipment and vehicle fueling and maintenance:

Provide an effective means of eliminating the discharge of spilled or leaked 

chemicals, including fuels and oils, from these activities;

32

If applicable, comply with the Spill Prevention Control and Countermeasures (SPCC) 

requirements in 40 CFR 112 and Section 311 of the CWA;

Ensure adequate supplies are available at all times to handle spills, leaks, and 

disposal of used liquids;

Use drip pans and absorbents under or around leaky vehicles;

Dispose of or recycle oil and oily wastes in accordance with other federal, state, 

tribal, or local requirements; and

Clean up spills or contaminated surfaces immediately, using dry clean up measures 

(do not clean contaminated surfaces by hosing the area down), and eliminate the 

source of the spill to prevent a discharge or a continuation of an ongoing discharge.

2.3.2 For equipment and vehicle washing:

Provide an effective means of minimizing the discharge of pollutants from equipment 

and vehicle washing, wheel wash water, and other types of wash waters;

33

 

31 Under this permit, you are not required to minimize exposure for any products or materials where the 

exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of 

a specific material or product poses little risk of stormwater contamination (such as final products and 

materials intended for outdoor use). 

32 Examples of effective means include:

 Locating activities away from waters of the U.S. and stormwater inlets or conveyances so that 

stormwater coming into contact with these activities cannot reach waters of the U.S.;

 Providing secondary containment (e.g., spill berms, decks, spill containment pallets) and cover 

where appropriate; and

 Having a spill kit available on site and ensuring personnel are available to respond expeditiously in 

the event of a leak or spill.

33 Examples of effective means include locating activities away from waters of the U.S. and stormwater 

inlets or conveyances and directing wash waters to a sediment basin or sediment trap, using filtration 
 Proposed 2017 Construction General Permit (CGP)

Page 15

Ensure there is no discharge of soaps, solvents, or detergents in equipment and 

vehicle wash water; and

For storage of soaps, detergents, or solvents, provide either (1) cover (e.g., plastic 

sheeting, temporary roofs) to minimize the exposure of these detergents to

precipitation and to stormwater, or (2) a similarly effective means designed to 

minimize the discharge of pollutants from these areas.

2.3.3 For storage, handling, and disposal of building products, materials, and wastes:

For building materials and building products34, provide either (1) cover (e.g., plastic 

sheeting, temporary roofs) to minimize the exposure of these products to

precipitation and to stormwater, or (2) a similarly effective means designed to 

minimize the discharge of pollutants from these areas.

For pesticides, herbicides, insecticides, fertilizers, and landscape materials:

i. In storage areas, provide either (1) cover (e.g., plastic sheeting, temporary roofs) 

to minimize the exposure of these chemicals to precipitation and to stormwater,

or (2) a similarly effective means designed to minimize the discharge of pollutants 

from these areas; and

ii. Comply with all application and disposal requirements included on the registered 

pesticide, herbicide, insecticide, and fertilizer label (see also Part 2.3.5).

For diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals:

i. Store chemicals in water-tight containers, and provide either (1) cover (e.g., 

plastic sheeting, temporary roofs) to minimize the exposure of these containers to

precipitation and to stormwater, or (2) a similarly effective means designed to 

minimize the discharge of pollutants from these areas (e.g., having a spill kit 

available on site and ensuring personnel are available to respond expeditiously in 

the event of a leak or spill), or provide secondary containment (e.g., spill berms, 

decks, spill containment pallets); and

ii. Clean up spills immediately, using dry clean-up methods where possible, and 

dispose of used materials properly. You are prohibited from hosing the area down

to clean surfaces or spills. Eliminate the source of the spill to prevent a discharge 

or a continuation of an ongoing discharge.

For hazardous or toxic wastes:

35

i. Separate hazardous or toxic waste from construction and domestic waste;

ii. Store waste in sealed containers, which are constructed of suitable materials to 

prevent leakage and corrosion, and which are labeled in accordance with 

applicable Resource Conservation and Recovery Act (RCRA) requirements and 

all other applicable federal, state, tribal, or local requirements;

 

devices, such as filter bags or sand filters, or using other similarly effective controls.

34 Examples of building materials and building products typically present at construction sites include 

asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures, and gravel and mulch 

stockpiles.

35 Examples of hazardous or toxic waste that may be present at construction sites include paints, caulks, 

sealants, fluorescent light ballasts, solvents, petroleum-based products, wood preservatives, additives, 

curing compounds, and acids.
 Proposed 2017 Construction General Permit (CGP)

Page 16

iii. Store all outside containers within appropriately-sized secondary containment 

(e.g., spill berms, decks, spill containment pallets) to prevent spills from being 

discharged, or provide a similarly effective means designed to prevent the 

discharge of pollutants from these areas (e.g., storing chemicals in covered area,

having a spill kit available on site);

iv. Dispose of hazardous or toxic waste in accordance with the manufacturer’s 

recommended method of disposal and in compliance with federal, state, tribal, 

and local requirements; 

v. Clean up spills immediately, using dry clean-up methods, and dispose of used 

materials properly. You are prohibited from hosing the area down to clean 

surfaces or spills. Eliminate the source of the spill to prevent a discharge or a 

furtherance of an ongoing discharge; and

vi. Follow all other federal, state, tribal, and local requirements regarding hazardous 

or toxic waste.

For construction and domestic wastes:

36

i. Provide waste containers (e.g., dumpster, trash receptacle) of sufficient size and 

number to contain construction and domestic wastes;

ii. Keep waste container lids closed when not in use. For waste containers that do 

not have lids and could leak, provide either (1) cover (e.g., a tarp, plastic 

sheeting, temporary roof) to minimize exposure of wastes to precipitation, or (2) a 

similarly effective means designed to minimize the discharge of pollutants (e.g., 

secondary containment);

iii. On business days, clean up and dispose of waste in designated waste containers; 

and

iv. Clean up immediately if containers overflow.

For demolition of any structure with at least 10,000 square feet of floor space built or 

renovated before January 1, 1980:

i. Implement controls to minimize the exposure of polychlorinated biphenyl- (PCB) 

containing building materials, including paint, caulk, and pre-1980 fluorescent 

lighting fixtures to precipitation and to stormwater; and

ii. Ensure that disposal of such materials is performed in compliance with applicable 

state, federal, and local laws.

For sanitary waste, position portable toilets so that they are secure and will not be 

tipped or knocked over, and located away from waters of the U.S. and stormwater 

inlets or conveyances.

2.3.4 For washing applicators and containers used for stucco, paint, concrete, form release 

oils, curing compounds, or other materials:

Direct wash water into a leak-proof container or leak-proof and lined pit designed so 

that no overflows can occur due to inadequate sizing or precipitation;

Handle washout or cleanout wastes as follows:

 

36 Examples of construction and domestic waste include packaging materials, scrap construction materials, 

masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, demolition debris; 

and other trash or building materials.
 Proposed 2017 Construction General Permit (CGP)

Page 17

i. Do not dump liquid wastes in storm sewers or waters of the U.S.;

ii. Dispose of liquid wastes in accordance with applicable requirements in Part 2.3.3; 

and

iii. Remove and dispose of hardened concrete waste consistent with your handling 

of other construction wastes in Part 2.3.3; and

Locate any washout or cleanout activities as far away as possible from waters of the 

U.S. and stormwater inlets or conveyances, and, to the extent feasible, designate 

areas to be used for these activities and conduct such activities only in these areas.

2.3.5 For the application of fertilizers:

Apply at a rate and in amounts consistent with manufacturer’s specifications, or 

document departures from the manufacturer specifications where appropriate in 

Part 7.2.6i of the SWPPP;

Apply at the appropriate time of year for your location, and preferably timed to 

coincide as closely as possible to the period of maximum vegetation uptake and 

growth;

Avoid applying before heavy rains that could cause excess nutrients to be 

discharged;

Never apply to frozen ground;

Never apply to stormwater conveyance channels with flowing waters; and

Follow all other federal, state, tribal, and local requirements regarding fertilizer 

application.

2.3.6 Emergency Spill Notification Requirements 

Discharges of toxic or hazardous substances from a spill or other release are prohibited, 

consistent with Part 1.3.5. Where a leak, spill, or other release containing a hazardous 

substance or oil in an amount equal to or in excess of a reportable quantity established 

under either 40 CFR 110, 40 CFR 117, or 40 CFR 302 occurs during a 24-hour period, you 

must notify the National Response Center (NRC) at (800) 424-8802 or, in the Washington, 

DC metropolitan area, call (202) 267-2675 in accordance with the requirements of 40 

CFR 110, 40 CFR 117, and 40 CFR 302 as soon as you have knowledge of the release. You 

must also, within 7 calendar days of knowledge of the release, provide a description of 

the release, the circumstances leading to the release, and the date of the release. State, 

tribal, or local requirements may necessitate additional reporting of spills or discharges to 

local emergency response, public health, or drinking water supply agencies.

2.4 CONSTRUCTION DEWATERING REQUIREMENTS

Comply with the following requirements to minimize the discharge of pollutants in ground 

water or accumulated stormwater that is removed from excavations, trenches, 

foundations, vaults, or other similar points of accumulation, in accordance with Part 

1.2.2.

37

2.4.1 Treat dewatering discharges with controls to minimize discharges of pollutants;

38

 

37 Uncontaminated, clear (non-turbid) dewatering water can be discharged without being routed to a 

control.

38 Examples of appropriate controls include sediment basins or sediment traps, sediment socks, dewatering 
 Proposed 2017 Construction General Permit (CGP)

Page 18

2.4.2 Do not discharge visible floating solids or foam;

2.4.3 Use an oil-water separator or suitable filtration device (such as a cartridge filter) that is 

designed to remove oil, grease, or other products if dewatering water is found to contain 

these materials;

2.4.4 To the extent feasible, utilize vegetated, upland areas of the site to infiltrate dewatering 

water before discharge. You are prohibited from using waters of the U.S. as part of the 

treatment area;

2.4.5 At all points where dewatering water is discharged, comply with the velocity dissipation 

requirements of Part 2.2.11;

2.4.6 With backwash water, either haul it away for disposal or return it to the beginning of the 

treatment process; and

2.4.7 Replace and clean the filter media used in dewatering devices when the pressure 

differential equals or exceeds the manufacturer’s specifications.

Request for Comment 4: EPA requests comment on additional controls or requirements EPA 

should consider to ensure that discharges of pollutants in construction dewatering discharges 

are minimized. 

3 WATER QUALITY-BASED EFFLUENT LIMITATIONS

3.1 GENERAL EFFLUENT LIMITATION TO MEET APPLICABLE WATER QUALITY STANDARDS 

Discharges must be controlled as necessary to meet applicable water quality 

standards. Discharges must also comply with any additional state or tribal

requirements that are in Part 9.

In the absence of information demonstrating otherwise, EPA expects that compliance 

with the conditions in this permit will result in stormwater discharges being controlled as 

necessary to meet applicable water quality standards. If at any time you become 

aware, or EPA determines, that discharges are not being controlled as necessary to 

meet applicable water quality standards, take corrective action as required in Parts 5.1

and 5.2, and document the corrective actions as required in Part 5.4.

EPA may insist that you impose additional controls (to meet the narrative water qualitybased effluent limit above) on a site-specific basis, or require you to obtain coverage 

under an individual permit, if information in your NOI or from other sources indicates 

that your discharges are not controlled as necessary to meet applicable water quality 

standards. This includes situations where additional controls are necessary to comply 

with a wasteload allocation in an EPA-established or approved TMDL.

If during your coverage under a previous permit, you were required to install and 

maintain stormwater controls specifically to meet the assumptions and requirements 

of an EPA-approved or established TMDL (for any parameter) or to otherwise control 

your discharge to meet water quality standards, you must continue to implement 

such controls as part of your coverage under this permit.

 

tanks, tube settlers, weir tanks, and filtration systems (e.g., bag or sand filters) that are designed to remove 

sediment.
 Proposed 2017 Construction General Permit (CGP)

Page 19

3.2 DISCHARGE LIMITATIONS FOR SITES DISCHARGING TO SENSITIVE WATERS39

For any portion of the site that discharges to a sediment or nutrient-impaired water or to 

a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for 

antidegradation purposes, instead of the inspection frequency specified in Part 4.2, you 

must comply with the frequency specified in 4.3, and instead of the stabilization deadline 

specified in 2.2.14.a.ii, you must comply with the deadline specified in Part 2.2.14a.iii.

40

See Request for Comment 3 and 5.

If you discharge to a water that is impaired for a parameter other than a sedimentrelated parameter or nutrients, EPA will inform you if any additional limits or controls are 

necessary for your discharge to be controlled as necessary to meet water quality 

standards, including for it to be consistent with the assumptions of any available 

wasteload allocation in any applicable TMDL, or if coverage under an individual permit 

is necessary.

In addition, on a case-by-case basis, EPA may notify operators of new sites or 

operators of existing sites with increased discharges that additional analyses, 

stormwater controls, or other permit conditions are necessary to comply with the 

applicable antidegradation requirements, or notify you that an individual permit 

application is necessary.

4 SITE INSPECTION REQUIREMENTS

4.1 PERSON(S) RESPONSIBLE FOR INSPECTING SITE

The person(s) inspecting your site may be a person on your staff or a third party you hire 

to conduct such inspections. You are responsible for ensuring that the person who 

conducts inspections is a “qualified person.”

41

 

39 Sensitive waters include waters that are impaired and Tier 2, Tier 2.5, and Tier 3 waters. 

“Impaired waters” are those waters identified by the state, tribe, or EPA as not meeting an applicable 

water quality standard and (1) requires development of a TMDL (pursuant to section 303(d) of the CWA; or 

(2) is addressed by an EPA-approved or established TMDL; or (3) is not in either of the above categories but 

the waterbody is covered by a pollution control program that meets the requirements of 40 CFR 

130.7(b)(1). 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 an impaired water. 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. For assistance in determining whether your site 

discharges to impaired waters, EPA has developed a tool that is available both within the electronic NOI 

form in NeT, and at https://water.epa.gov/polwaste/npdes/stormwater/discharge.cfm.

Tiers 2, 2.5 and 3 refer to waters either identified by the state as high quality waters or Outstanding National 

Resource Waters under 40 CFR 131.12(a)(2) and (3). For the purposes of this permit, you are considered to 

discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first water of the U.S. to which you discharge is identified 

by a state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3. For discharges that enter a storm sewer system prior to 

discharge, the water of the U.S. to which you discharge is the first water of the U.S. that receives the 

stormwater discharge from the storm sewer system. See list of Tier 2, Tier 2.5, and Tier 3 waters in Appendix F.

EPA may determine on a case-by-case basis that a site discharges to an impaired water.

40 If you qualify for any of the reduced inspection frequencies in Part 4.4, you may conduct inspections in 

accordance with Part 4.4 for any portion of your site that discharges to a sensitive water.

41 A “qualified person” (as defined in Appendix A) is a person knowledgeable in the principles and practice 

of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions at 
 Proposed 2017 Construction General Permit (CGP)

Page 20

4.2 FREQUENCY OF INSPECTIONS.42

At a minimum, you must conduct a site inspection in accordance with one of the two 

schedules listed below, unless you are subject to the Part 4.3 site inspection frequency for 

discharges to sediment or nutrient-impaired waters or qualify for a Part 4.4 reduction in

the inspection frequency:

4.2.1 At least once every 7 calendar days; or

4.2.2 Once every 14 calendar days and within 24 hours of the occurrence of a storm event of 

0.25 inches or greater, or the occurrence of runoff from snowmelt.

43 To determine if a 

storm event of 0.25 inches or greater has occurred on your site, you must either keep a 

properly maintained rain gauge on your site, or obtain the storm event information from 

a weather station that is representative of your location. For any day of rainfall during 

normal business hours that measures 0.25 inches or greater, you must record the total 

rainfall measured for that day in accordance with Part 4.7.1d.

Request for Comment 5: EPA solicits comment on the appropriate inspection frequency. In 

particular, EPA solicits comment on modifying the minimum site inspection frequency to once 

every 7 calendar days and within 24 hours of the occurrence of a storm event of 0.25 inches or 

greater. Under the current 2012 CGP, this inspection frequency applies to sites discharging to 

sensitive waters (i.e., impaired waters and Tier 2, 2.5, or 3 waters). EPA requests comment on the 

appropriate inspection frequency for all sites (except for sites qualifying for a reduction in 

inspection frequency in Part 4.4 below). Please identify specifically the situations where this 

frequency would not be reasonable. EPA also requests comment on requiring the inspection 

frequency to be once every 7 days (without the option of inspection once every 14 calendar 

days and within 24 hours of a storm event).

Request for Comment 6: EPA requests comment on the frequency of inspections that should be

required for snowmelt runoff. Where snowmelt discharges occur over multiple days, as many 

frequently do, EPA is interested in receiving feedback on a recommended inspection frequency 

for these discharge events. 

4.3 INCREASE IN INSPECTION FREQUENCY FOR SITES DISCHARGING TO SENSITIVE WATERS.

For any portion of the site that discharges to a sediment or nutrient-impaired water or to 

a water that is identified by your state, tribe, or EPA as Tier 2, Tier 2.5, or Tier 3 for 

antidegradation purposes (see Part 3.2), instead of the inspection frequency specified in 

Part 4.2, you must conduct inspections in accordance with the following inspection 

frequencies:

4.3.1 Once every 7 calendar days; and

 

the construction site that could impact stormwater quality, and the skills to assess the effectiveness of any 

stormwater controls selected and installed to meet the requirements of this permit.

42 Inspections are only required during the site’s normal working hours. 

43 “Within 24 hours of the occurrence of a storm event” means that you are required to conduct an 

inspection within 24 hours once a storm event has produced 0.25 inches within a 24 hour period, even if the 

storm event is still continuing. Thus, if you have elected to inspect bi-weekly in accordance with Part 4.2.2

and there is a storm event at your site that continues for multiple days, and each day of the storm 

produces 0.25 inches or more of rain, you are required to conduct an inspection within 24 hours of the first 

day of the storm and within 24 hours after the end of the storm. 
 Proposed 2017 Construction General Permit (CGP)

Page 21

4.3.2 Within 24 hours of the occurrence of a storm event of 0.25 inches or greater, or the 

occurrence of runoff from snowmelt. To determine if a storm event of 0.25 inches or 

greater has occurred on your site, you must either keep a properly maintained rain 

gauge on your site, or obtain the storm event information from a weather station that is 

representative of your location. For any day of rainfall during normal business hours that 

measures 0.25 inches or greater, you must record the total rainfall measured for that day 

in accordance with Part 4.7.1d.

See Request for Comment 5.

4.4 REDUCTIONS IN INSPECTION FREQUENCY

4.4.1 Stabilized areas. You may reduce the frequency of inspections to once per month in any 

area of your site where the stabilization steps in 2.2.14a have been completed. If 

construction activity resumes in this portion of the site at a later date, the inspection 

frequency immediately increases to that required in Parts 4.2 and 4.3, as applicable. You 

must document the beginning and ending dates of this period in your SWPPP.

4.4.2 Arid, semi-arid, or drought-stricken areas (as defined in Appendix A). If it is the seasonally 

dry period or during a period in which drought is occurring, you may reduce the 

frequency of inspections to once per month and within 24 hours of the occurrence of a 

storm event of 0.25 inches or greater. You must document that you are using this 

reduced schedule and the beginning and ending dates of the seasonally dry period in

your SWPPP. To determine if a storm event of 0.25 inches or greater has occurred on your 

site, you must either keep a properly maintained rain gauge on your site, or obtain the 

storm event information from a weather station that is representative of your location. For 

any day of rainfall during normal business hours that measures 0.25 inches or greater, you 

must record the total rainfall measured for that day in accordance with Part 4.7.1d.

4.4.3 Frozen conditions:

If you are suspending construction activities due to frozen conditions, you may 

temporarily suspend inspections on your site until thawing conditions (as defined in

Appendix A) begin to occur if:

i. Runoff is unlikely due to continuous frozen conditions that are likely to continue at 

your site for at least 3 months based on historic seasonal averages. If unexpected 

weather conditions (such as above freezing temperatures or rain event) make 

discharges likely, you must immediately resume your regular inspection frequency 

as described in Parts 4.2 and 4.3, as applicable;

ii. Land disturbances have been suspended; and

iii. All disturbed areas of the site have been stabilized in accordance with Part 

2.2.14a.

If you are still conducting construction activities during frozen conditions, you may 

reduce your inspection frequency to once per month if:

i. Runoff is unlikely due to continuous frozen conditions that are likely to continue at 

your site for at least 3 months based on historic seasonal averages. If unexpected 

weather conditions (such as above freezing temperatures or rain events) make 

discharges likely, you must immediately resume your regular inspection frequency 

as described in Parts 4.2 and 4.3, as applicable; and

ii. Except for areas in which you are actively conducting construction activities, 

disturbed areas of the site have been stabilized in accordance with Part 2.2.14a.

You must document the beginning and ending dates of this period in your SWPPP.
 Proposed 2017 Construction General Permit (CGP)

Page 22

4.5 AREAS THAT MUST BE INSPECTED

During your site inspection, you must at a minimum inspect the following areas of your 

site:

4.5.1 All areas that have been cleared, graded, or excavated and that have not yet 

completed stabilization consistent with Part 2.2.14a;

4.5.2 All stormwater controls (including pollution prevention controls) installed at the site to 

comply with this permit;

44

4.5.3 Material, waste, borrow, and equipment storage and maintenance areas that are 

covered by this permit;

4.5.4 All areas where stormwater typically flows within the site, including drainageways 

designed to divert, convey, and/or treat stormwater;

4.5.5 All points of discharge from the site; and

4.5.6 All locations where stabilization measures have been implemented.

You are not required to inspect areas that, at the time of the inspection, are considered 

unsafe to your inspection personnel.

4.6 REQUIREMENTS FOR INSPECTIONS

During your site inspection, you must at a minimum:

4.6.1 Check whether all stormwater controls (i.e., erosion and sediment controls and pollution 

prevention controls) are properly installed, appear to be operational, and are working as 

intended to minimize pollutant discharges;

4.6.2 Check for the presence of conditions that could lead to spills, leaks, or other 

accumulations of pollutants on the site;

4.6.3 Identify any locations where new or modified stormwater controls are necessary to meet 

the requirements of Parts 2 and/or 3;

4.6.4 At points of discharge and, if applicable, the banks of any waters of the U.S. flowing within 

or immediately adjacent to the site, check for signs of visible erosion and sedimentation 

(i.e., sediment deposits) that have occurred and are attributable to your discharge; 

4.6.5 Identify any incidents of noncompliance observed; 

4.6.6 If a discharge is occurring during your inspection:

Identify all discharge points at the site; and

Observe and document the visual quality of the discharge, and take note of the 

characteristics of the stormwater discharge, including color; odor; floating, settled, or 

suspended solids; foam; oil sheen; and other indicators of stormwater pollutants.

 

44 This includes the requirement to inspect for sediment that has been tracked out from the site 

onto paved roads, sidewalks, or other paved areas consistent with Part 2.2.4.
 Proposed 2017 Construction General Permit (CGP)

Page 23

4.6.7 Based on the results of your inspection, complete any necessary maintenance under Part 

2.1.4 and corrective action under Part 5.

4.7 INSPECTION REPORT

4.7.1 You must complete an inspection report within 24 hours of completing any site 

inspection. Each inspection report must include the following:

The inspection date;

Names and titles of personnel making the inspection;

A summary of your inspection findings, covering at a minimum the observations you 

made in accordance with Part 4.6, including any necessary maintenance or 

corrective actions;

If you are inspecting your site at the frequency specified in Part 4.2.2, Part 4.3.2, or 

Part 4.4.2, and you conducted an inspection because of rainfall measuring 0.25 

inches or greater, you must include the applicable rain gauge or weather station 

readings that triggered the inspection; and

If you determined that it is unsafe to inspect a portion of your site, you must describe 

the reason you found it to be unsafe and specify the locations to which this condition 

applies.

4.7.2 Each inspection report must be signed in accordance with Appendix I, Part I.11 of this 

permit.

4.7.3 You are required to keep a copy of all inspection reports at the site or at an easily 

accessible location, so that it can be made available at the time of an on-site inspection 

or upon request by EPA. 

4.7.4 All inspection reports completed for this Part must be retained for at least 3 years from 

the date that your permit coverage expires or is terminated.

4.8 INSPECTIONS BY EPA

4.8.1 You must allow EPA, or an authorized representative of EPA, to conduct the following 

activities at reasonable times. To the extent that you are utilizing shared controls that are 

not on site to comply with this permit, you must make arrangements for EPA to have 

access at all reasonable times to those areas where the shared controls are located.

4.8.2 Enter onto all areas of the site, including any construction support activity areas covered 

by this permit, any off-site areas where shared controls are utilized to comply with this 
 Proposed 2017 Construction General Permit (CGP)

Page 24

permit, discharge locations, adjoining waterbodies, and locations where records are 

kept under the conditions of this permit;

4.8.3 Access and copy any records that must be kept under the conditions of this permit;

4.8.4 Inspect your construction site, including any construction support activity areas covered 

by this permit (see Part 1.2.1c), any stormwater controls installed and maintained at the 

site, and any off-site shared controls utilized to comply with this permit; and

4.8.5 Sample or monitor for the purpose of ensuring compliance.

5 CORRECTIVE ACTIONS

5.1 CONDITIONS TRIGGERING CORRECTIVE ACTION.

You must take corrective action to address any of the following conditions identified at 

your site:

5.1.1 A stormwater control needs repair or replacement; or

5.1.2 A stormwater control necessary to comply with the requirements of this permit was never 

installed, or was installed incorrectly; or

5.1.3 Your discharges are causing an exceedance of applicable water quality standards; or

5.1.4 A prohibited discharge has occurred (see Part 1.3). 

5.2 CORRECTIVE ACTION DEADLINES

For any corrective action triggering conditions in Part 5.1, you must:

5.2.1 Immediately take all reasonable steps to address the condition, including cleaning up 

any contaminated surfaces so the material will not discharge in subsequent storm events;

5.2.2 When the problem does not require a new or replacement control or significant repair, 

the corrective action must be completed by the close of the next business day;

5.2.3 When the problem requires a new or replacement control or significant repair , install the 

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

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

installation or repair within 7 calendar days, you must document in your records why it is 

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

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

operational as soon as feasible after the 7-day timeframe. Where these actions result in 

changes to any of the stormwater controls or procedures documented in your SWPPP, 

you must modify your SWPPP accordingly within 7 calendar days of completing this work.

5.3 CORRECTIVE ACTION REQUIRED BY EPA

You must comply with any corrective actions required by EPA as a result of permit 

violations found during an inspection carried out under Part 4.8.
 Proposed 2017 Construction General Permit (CGP)

Page 25

5.4 CORRECTIVE ACTION REPORT

For each corrective action taken in accordance with this Part, you must complete a 

report in accordance with the following:

5.4.1 Within 24 hours of identifying the corrective action condition, document the specific 

condition and the date and time it was identified.

5.4.2 Within 24 hours of completing the corrective action (in accordance with the deadlines in 

Part 5.2), document the actions taken to address the condition, including whether any 

SWPPP modifications are required.

5.4.3 Each corrective action report must be signed in accordance with Appendix I, Part I.11 of 

this permit.

5.4.4 You are required to keep a copy of all corrective action reports at the site or at an easily 

accessible location, so that it can be made available at the time of an on-site inspection 

or upon request by EPA. 

5.4.5 All corrective action reports completed for this Part must be retained for at least 3 years 

from the date that your permit coverage expires or is terminated.
 Proposed 2017 Construction General Permit (CGP)

Page 26

6 STAFF TRAINING REQUIREMENTS

Each operator, or group of multiple operators, must assemble a “stormwater team” to 

carry out compliance activities associated with the requirements in this permit.

Prior to the commencement of construction activities, you must ensure that the following 

personnel45 on the stormwater team understand the requirements of this permit and their 

specific responsibilities with respect to those requirements:

• Personnel who are responsible for the design, installation, maintenance, and/or 

repair of stormwater controls (including pollution prevention controls);

• Personnel responsible for the application and storage of treatment chemicals (if 

applicable);

• Personnel who are responsible for conducting inspections as required in Part 4.1; 

and

• Personnel who are responsible for taking corrective actions as required in Part 5.

You are responsible for ensuring that all activities on the site comply with the 

requirements of this permit. You are not required to provide or document formal training 

for subcontractors or other outside service providers, but you must ensure that such 

personnel understand any requirements of this permit that may be affected by the work 

they are subcontracted to perform.

At a minimum, members of the stormwater team must be trained to understand the 

following if related to the scope of their job duties (e.g., only personnel responsible for 

conducting inspections need to understand how to conduct inspections):

• The permit deadlines associated with installation, maintenance, and removal of 

stormwater controls and with stabilization;

• The location of all stormwater controls on the site required by this permit and how 

they are to be maintained;

• The proper procedures to follow with respect to the permit’s pollution prevention 

requirements; and

• When and how to conduct inspections, record applicable findings, and take 

corrective actions.

Each member of the stormwater team must have easy access to an electronic or paper 

copy of applicable portions of this permit, the most updated copy of your SWPPP, and 

other relevant documents or information that must be kept with the SWPPP.

 

45 If the person requiring training is a new employee who starts after you commence construction activities, 

you must ensure that this person has the proper understanding as required above prior to assuming 

particular responsibilities related to compliance with this permit.

For emergency-related projects, the requirement to train personnel prior to commencement of 

construction activities does not apply, however, such personnel must have the required training prior to NOI 

submission.
 Proposed 2017 Construction General Permit (CGP)

Page 27

7 STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

7.1 GENERAL REQUIREMENTS

All operators associated with a construction site under this permit must develop a SWPPP

consistent with the requirements in Part 7 prior to their submittal of the NOI.46 The SWPPP 

must be kept up-to-date throughout coverage under this permit. 

If a SWPPP was prepared under a previous version of this permit, it must be reviewed and 

updated to ensure that this permit’s requirements are addressed prior to submitting an 

NOI for coverage under this permit.

7.2 SWPPP CONTENTS

At a minimum, the SWPPP must include the information specified in this Part and as 

specified in other parts of this permit. 

7.2.1 All Site Operators. Include a list of all other operators who will be engaged in construction 

activities at the site, and the areas of the site over which each operator has control.

7.2.2 Stormwater Team. Identify the personnel (by name or position) that are part of the 

stormwater team, as well as their individual responsibilities, including which members 

are responsible for conducting inspections.

7.2.3 Nature of Construction Activities.

47 Include the following:

A description of the nature of your construction activities, including the age and/or 

dates of past renovations for structures that are undergoing demolition;

The size of the property (in acres);

The total area expected to be disturbed by the construction activities (to the nearest 

quarter acre);

A description of any on-site and off-site construction support activity areas covered 

by this permit (see Part 1.2.1c);

The maximum area expected to be disturbed at any one time, including on-site and 

off-site construction support activity areas;

A description and projected schedule for the following:

i. Commencement of construction activities in each portion of the site, including 

clearing and grubbing, mass grading, demolition activities, site preparation (i.e., 

excavating, cutting and filling), final grading, and creation of soil and vegetation 

stockpiles requiring stabilization;

 

46 You have the option of developing a group SWPPP where you are one of several operators who engage

in construction activities at your site. For instance, if both the owner and the general contractor of the 

construction site are permitted, the owner may be the party responsible for SWPPP development, and the 

general contractor (or any other operator at the site) can choose to use this same SWPPP, as long as the 

SWPPP addresses the general contractor’s (or other operators’) scope of construction work and obligations 

under this permit. See request for comment 1.

47 If plans change due to unforeseen circumstances or for other reasons, the requirement to describe the 

sequence and estimated dates of construction activities is not meant to “lock in” the operator to meeting 

these dates. When departures from initial projections are necessary, this should be documented in the 

SWPPP itself, or in associated records, as appropriate.
 Proposed 2017 Construction General Permit (CGP)

Page 28

ii. Temporary or permanent cessation of construction activities in each portion of 

the site;

iii. Temporary or final stabilization of exposed areas for each portion of the site; and

iv. Removal of temporary stormwater controls and construction equipment or 

vehicles, and the cessation of construction-related pollutant-generating activity.

A list and description of all pollutant-generating activities48 on the site. For each 

pollutant-generating activity, include an inventory of pollutants or pollutant 

constituents (e.g., sediment, fertilizers, pesticides, paints, caulks, sealants, fluorescent 

light ballasts, contaminated substrates, solvents, fuels) associated with that activity, 

which could be discharged in stormwater from your construction site. You must take 

into account where potential spills and leaks could occur that contribute pollutants 

to stormwater discharges, and any known hazardous or toxic substances, such as 

PCBs and asbestos, that will be disturbed or removed during construction;

Business days and hours for the project;

If you are conducting construction activities in response to a public emergency (see 

Part 1.4), a description of the cause of the public emergency (e.g., mud slides, 

earthquake, extreme flooding conditions, widespread disruption in essential public 

services), information substantiating its occurrence (e.g., state disaster declaration or 

similar state or local declaration), and a description of the construction necessary to 

reestablish effected public services.

7.2.4 Site Map. Include a legible map, or series of maps, showing the following features of the 

site:

Boundaries of the property;

Locations where construction activities will occur, including:

i. Locations where earth-disturbing activities will occur (note any phasing), 

including any demolition activities;

ii. Approximate slopes before and after major grading activities (note any steep 

slopes (as defined in Appendix A));

iii. Locations where sediment, soil, or other construction materials will be stockpiled;

iv. Any water of the U.S. crossings;

v. Designated points where vehicles will exit onto paved roads;

vi. Locations of structures and other impervious surfaces upon completion of 

construction; and

vii. Locations of on-site and off-site construction support activity areas covered by 

this permit (see Part 1.2.1c).

Locations of all waters of the U.S. within and one mile downstream of the site. Also 

identify if any are listed as impaired, or are identified as a Tier 2, Tier 2.5, or Tier 3 

water;

Areas of federally listed critical habitat within the site and/or at discharge locations;

 

48 Examples of pollutant-generating activities include paving operations; concrete, paint, and stucco 

washout and waste disposal; solid waste storage and disposal; and dewatering operations.
 Proposed 2017 Construction General Permit (CGP)

Page 29

Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, 

pasture, pavement, structures);

Drainage patterns of stormwater and authorized non-stormwater before and after 

major grading activities;

Stormwater and authorized non-stormwater discharge locations, including:

i. Locations where stormwater and/or authorized non-stormwater will be 

discharged to storm drain inlets;

49 and

ii. Locations where stormwater or authorized non-stormwater will be discharged

directly to waters of the U.S.

Locations of all potential pollutant-generating activities identified in Part 7.2.3g;

Locations of stormwater controls, including natural buffer areas and any shared 

controls utilized to comply with this permit; and

Locations where polymers, flocculants, or other treatment chemicals will be used and 

stored.

7.2.5 Non-Stormwater Discharges. Identify all authorized non-stormwater discharges in Part 

1.2.2 that will or may occur. 

7.2.6 Description of Stormwater Controls. For each of the Part 2.2 erosion and sediment control

effluent limits, Part 2.3 pollution prevention effluent limits, and Part 2.4 construction 

dewatering effluent limits, as applicable to your site, you must include the following:

 A description of the specific control(s) to be implemented to meet the effluent limit;

 Any applicable design specifications (including references to any manufacturer 

specifications and/or erosion and sediment control manuals/ordinances relied 

upon);

50

 Routine maintenance specifications; and 

 The projected schedule for its installation/implementation.

You must also include any of the following additional information as applicable.

Natural buffers and/or equivalent sediment controls (see Part 2.2.1 and Appendix G).

You must include the following:

i. The compliance alternative to be implemented;

ii. If complying with alternative 2, the width of natural buffer retained;

iii. If complying with alternative 2 or 3, the erosion and sediment control(s) you will 

use to achieve an equivalent sediment reduction, and any information you relied 

upon to demonstrate the equivalency; 

iv. If complying with alternative 3, a description of why it is infeasible for you to 

provide and maintain an undisturbed natural buffer of any size;

 

49 The requirement to show storm drain inlets in the immediate vicinity of the site on your site map only 

applies to those inlets that are easily identifiable from your site or from a publicly accessible area 

immediately adjacent to your site.

50 Design specifications may be found in manufacturer specifications and/or in applicable erosion and 

sediment control manuals or ordinances. Any departures from such specifications must reflect good 

engineering practice and must be explained in the SWPPP.
 Proposed 2017 Construction General Permit (CGP)

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v. For “linear construction sites” where it is infeasible to implement compliance 

alternative 1, 2, or 3, a rationale for this determination, and a description of any 

buffer width retained and/or supplemental erosion and sediment controls 

installed; and

vi. A description of any disturbances that are exempt under Part 2.2.1 that occur 

within 50 feet of a water of the U.S.

Perimeter controls for a “linear construction site” (see Part 2.2.3). For areas where 

perimeter controls are not feasible, include documentation to support this 

determination and a description of the other practices that will be implemented to 

minimize discharges of pollutants in stormwater associated with construction 

activities.

Note: Routine maintenance specifications for perimeter controls documented in the 

SWPPP must include the Part 2.2.3a requirement that sediment be removed before it 

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

Sediment track-out controls (see Parts 2.2.4b and 2.2.4c). Document the specific

stabilization techniques and/or controls that will be implemented to remove sediment 

prior to vehicle exit. 

Sediment basins (see Part 2.2.12). In circumstances where it is infeasible to utilize 

outlet structures that withdraw water from the surface, include documentation to 

support this determination, including the specific conditions or time periods when this 

exception will apply.

Treatment chemicals (see Part 2.2.13), you must include the following:

i. A listing of the soil types that are expected to be exposed during construction in 

areas of the project that will drain to chemical treatment systems. Also include a 

listing of soil types expected to be found in fill material to be used in these same 

areas, to the extent you have this information prior to construction;

ii. A listing of all treatment chemicals to be used at the site and why the selection of 

these chemicals is suited to the soil characteristics of your site;

iii. If the applicable EPA Regional Office authorized you to use cationic treatment 

chemicals for sediment control, include the specific controls and implementation 

procedures designed to ensure that your use of cationic treatment chemicals will 

not lead to a violation of water quality standards;

iv. The dosage of all treatment chemicals to be used at the site or the methodology 

to be used to determine dosage;

v. Information from any applicable Safety Data Sheet (SDS);

vi. Schematic drawings of any chemically-enhanced stormwater controls or 

chemical treatment systems to be used for application of the treatment 

chemicals;

vii. A description of how chemicals will be stored consistent with Part 2.2.13c;

viii. References to applicable state or local requirements affecting the use of 

treatment chemicals, and copies of applicable manufacturer’s specifications 

regarding the use of your specific treatment chemicals and/or chemical 

treatment systems; and
 Proposed 2017 Construction General Permit (CGP)

Page 31

ix. A description of the training that personnel who handle and apply chemicals 

have received prior to permit coverage, or will receive prior to use of the 

treatment chemicals at your site.

Stabilization measures (see Part 2.2.14). You must include the following:

i. The specific vegetative and/or non-vegetative practices that will be used;

ii. If complying with the deadlines for sites in arid, semi-arid, or drought-stricken 

areas, the beginning and ending dates of the seasonally dry period and the 

schedule you will follow for initiating and completing vegetative stabilization; and

iii. If complying with deadlines for sites affected by unforeseen circumstances that 

delay the initiation and/or completion of vegetative stabilization, document the 

circumstances and the schedule for initiating and completing stabilization. 

Spill prevention and response procedures (see Part 1.3.5 and Part 2.3). You must 

include the following:

i. Procedures for expeditiously stopping, containing, and cleaning up spills, leaks, 

and other releases. Identify the name or position of the employee(s) responsible 

for detection and response of spills or leaks; and

ii. Procedures for notification of appropriate facility personnel, emergency response 

agencies, and regulatory agencies where a leak, spill, or other release containing 

a hazardous substance or oil in an amount equal to or in excess of a reportable 

quantity consistent with Part 2.3.6 and established under either 40 CFR 110, 40 CFR 

117, or 40 CFR 302, occurs during a 24-hour period. Contact information must be 

in locations that are readily accessible and available to all employees.

You may also reference the existence of Spill Prevention Control and 

Countermeasure (SPCC) plans developed for the construction activity under 

Part 311 of the CWA, or spill control programs otherwise required by an NPDES 

permit for the construction activity, provided that you keep a copy of that 

other plan on site.51

Waste management procedures (see Part 2.3.3). Describe the procedures you will 

follow for handling, storing and disposing of all wastes generated at your site

consistent with all applicable federal, state, tribal, and local requirements, including 

clearing and demolition debris, sediment removed from the site, construction and 

domestic waste, hazardous or toxic waste, and sanitary waste.

Application of fertilizers (see Part 2.3.5). Document any departures from the 

manufacturer specifications where appropriate.

7.2.7 Procedures for Inspection, Maintenance, and Corrective Action. Describe the procedures 

you will follow for maintaining your stormwater controls, conducting site inspections, and, 

where necessary, taking corrective actions, in accordance with Part 2.1.4, Part 4, and 

Part 5 of this permit. Also include:

The inspection schedule you will follow, which is based on whether your site is subject 

to Part 4.2 or Part 4.3, or whether your site qualifies for any of the reduced inspection 

frequencies in Part 4.4;

 

51 Even if you already have an SPCC or other spill prevention plan in existence, your plans will only be 

considered adequate if they meet all of the requirements of this Part, either as part of your existing plan or 

supplemented as part of the SWPPP.
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If you will be conducting inspections in accordance with the inspection schedule in 

Part 4.2.2, Part 4.3.2, or Part 4.4.2, the location of the rain gauge or the address of the 

weather station you will be using to obtain rainfall data;

If you will be reducing your inspection frequency in accordance with Part 4.4.2, the 

beginning and ending dates of the seasonally-defined arid period for your area or 

the valid period of drought;

If you will be reducing your inspection frequency in accordance with Part 4.4.3, the 

beginning and ending dates of frozen conditions on your site; and

Any maintenance or inspection checklists or other forms that will be used.

7.2.8 Staff Training. Include documentation that the required personnel were, or will be, trained

in accordance with Part a.

7.2.9 Compliance with Other Requirements.

Threatened and Endangered Species Protection. Include documentation required in 

Appendix D supporting your eligibility with regard to the protection of threatened 

and endangered species and designated critical habitat. 

Historic Properties. Include documentation required in Appendix E supporting your 

eligibility with regard to the protection of historic properties. 

Safe Drinking Water Act Underground Injection Control (UIC) Requirements for Certain 

Subsurface Stormwater Controls. If you are using any of the following stormwater 

controls at your site, document any contact you have had with the applicable state 

agency52 or EPA Regional Office responsible for implementing the requirements for 

underground injection wells in the Safe Drinking Water Act and EPA’s implementing 

regulations at 40 CFR 144 -147. Such controls would generally be considered Class V 

UIC wells:

i. Infiltration trenches (if stormwater is directed to any bored, drilled, driven shaft or 

dug hole that is deeper than its widest surface dimension, or has a subsurface 

fluid distribution system);

ii. Commercially manufactured pre-cast or pre-built proprietary subsurface 

detention vaults, chambers, or other devices designed to capture and infiltrate 

stormwater flow; and

iii. Drywells, seepage pits, or improved sinkholes (if stormwater is directed to any 

bored, drilled, driven shaft or dug hole that is deeper than its widest surface 

dimension, or has a subsurface fluid distribution system).

7.2.10 SWPPP Certification. You must sign and date your SWPPP in accordance with Appendix I, 

Part I.11.

7.2.11 Post-Authorization Additions to the SWPPP. Once you are authorized for coverage under 

this permit, you must include the following documents as part of your SWPPP:

A copy of your NOI submitted to EPA along with any correspondence exchanged 

between you and EPA related to coverage under this permit;

A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID 

(i.e., permit tracking number);

 

52 For state UIC program contacts, refer to the following EPA website: https://www.epa.gov/uic.
 Proposed 2017 Construction General Permit (CGP)

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A copy of this permit (an electronic copy easily available to the stormwater team is 

also acceptable).

7.3 ON-SITE AVAILABILITY OF YOUR SWPPP

You are required to keep a current copy of your SWPPP at the site or at an easily 

accessible location so that it can be made available at the time of an on-site 

inspection or upon request by EPA; a state, tribal, or local agency approving 

stormwater management plans; the operator of a storm sewer system receiving 

discharges from the site; or representatives of the U.S. Fish and Wildlife Service (USFWS) 

or the National Marine Fisheries Service (NMFS).

EPA may provide access to portions of your SWPPP to a member of the public upon 

request. Confidential Business Information (CBI) will be withheld from the public, but may 

not be withheld from EPA, USFWS, or NMFS.

53

If an on-site location is unavailable to keep the SWPPP when no personnel are present, 

notice of the plan’s location must be posted near the main entrance of your 

construction site.

Request for Comment 7: EPA is considering requiring the initial SWPPP to be made publicly 

available by requiring operators to either post it online on a website or submit it to EPA. 

Enhanced transparency and availability of CGP SWPPP information will provide stakeholders 

with more timely and complete information about potential sources of water pollution and 

measures to control discharges for the sites covered under the CGP, and will help EPA to ensure 

that SWPPPs are meaningfully developed and implemented.

For example, EPA could require the entire initial SWPPP, or a portion of the initial SWPPP or a URL, 

to be included as part of the NOI form submission, which EPA could make publicly available 

through the EPA Enforcement and Compliance History Online (ECHO) database. A similar 

requirement was included in the recently reissued 2015 Multi-Sector General Permit (MSGP) for 

stormwater discharges associated with industrial activities. Under the 2015 MSGP, permittees can 

make their SWPPP publicly available by a URL on the NOI form where the SWPPP can be 

accessed, or by providing on the NOI form information about activities and pollutants exposed 

to stormwater; control measures; and schedules for good housekeeping, maintenance, and 

inspections. EPA requests comment on the utility and feasibility of making the initial SWPPP 

publicly available under the CGP. EPA also requests comment on the specific components of 

the initial SWPPP that would be of greatest interest or utility to stakeholders, such as 

maintenance schedules, a description of construction activities, or expected pollutants.

7.4 SWPPP MODIFICATIONS

7.4.1 You must modify your SWPPP, including the site map(s), within 7 days of any of the 

following conditions:

Whenever new operators become active in construction activities on your site, or you 

make changes to your construction plans, stormwater controls, or other activities at 

your site that are no longer accurately reflected in your SWPPP. This includes changes 

made in response to corrective actions triggered under Part 5. You do not need to 

 

53 Information covered by a claim of confidentiality will be disclosed by EPA only to the extent of, and by 

means of, the procedures set forth in 40 CFR Part 2, Subpart B. In general, submitted information protected 

by a business confidentiality claim may be disclosed to other employees, officers, or authorized 

representatives of the United States concerned with implementing the CWA. The authorized 

representatives, including employees of other executive branch agencies, may review CBI during the 

course of reviewing draft regulations.
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Page 34

modify your SWPPP if the estimated dates in Part 7.2.3f change during the course of 

construction;

To reflect areas on your site map where operational control has been transferred 

(and the date of transfer) since initiating permit coverage;

If inspections or investigations by EPA or its authorized representatives determine that

SWPPP modifications are necessary for compliance with this permit;

Where EPA determines it is necessary to impose additional requirements on your 

discharge, the following must be included in your SWPPP:

i. A copy of any correspondence describing such requirements; and

ii. A description of the controls that will be used to meet such requirements.

To reflect any revisions to applicable federal, state, tribal, or local requirements that 

affect the stormwater controls implemented at the site; and

If applicable, if a change in chemical treatment systems or chemically-enhanced 

stormwater control is made, including use of a different treatment chemical, different 

dosage rate, or different area of application.

7.4.2 You are required to maintain records showing the dates of all SWPPP modifications. The 

records must include the name of the person authorizing each change (see Part 7.2.10

above) and a brief summary of all changes.

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

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

7.4.4 Upon determining that a modification to your SWPPP is required, if there are multiple 

operators covered under this permit, you must immediately notify any operators 

who may be impacted by the change to the SWPPP.

8 HOW TO TERMINATE COVERAGE

Until you terminate coverage under this permit, you are required to comply with all 

conditions and effluent limitations in the permit. To terminate permit coverage, you 

must submit to EPA a complete and accurate Notice of Termination (NOT), which 

certifies that you have met the requirements for terminating in Part 8.

8.1 MINIMUM INFORMATION REQUIRED IN NOT

8.1.1 NPDES permit tracking number provided by EPA when you received coverage under this 

permit;

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

8.1.3 Operator contact information;

8.1.4 Name of site and address (or a description of location if no street address is available); 

and

8.1.5 NOT certification.

8.2 CONDITIONS FOR TERMINATING CGP COVERAGE

You must terminate CGP coverage only if one or more of the following conditions has 

occurred:
 Proposed 2017 Construction General Permit (CGP)

Page 35

8.2.1 You have completed all construction activities at your site and, if applicable, 

construction support activities covered by this permit (see Part 1.2.1c), and you have met 

the following requirements:

For any areas that (1) were disturbed during construction, (2) are not covered over 

by permanent structures, and (3) over which you had control during the construction 

activities, you have met the requirements for final vegetative or non-vegetative 

stabilization in Part 2.2.14b;

You have removed and properly disposed of all construction materials, waste and 

waste handling devices, and have removed all equipment and vehicles that were 

used during construction, unless intended for long-term use following your termination 

of permit coverage;

You have removed all stormwater controls that were installed and maintained during 

construction, except those that are intended for long-term use following your 

termination of permit coverage or those that are biodegradable; and

You have removed all potential pollutants and pollutant-generating activities 

associated with construction, unless needed for long-term use following your 

termination of permit coverage; or

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

this permit to another operator, and that operator has submitted an NOI and obtained 

coverage under this permit; or

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

8.3 HOW TO SUBMIT YOUR NOT

You are required to use EPA’s NPDES eReporting Tool (NeT) to electronically prepare 

and submit your NOT for the 2017 CGP. 

To access NeT, go to https://www.epa.gov/npdes/stormwater-dischargesconstruction-activities#ereporting. 

Waivers from electronic reporting may be granted as specified in Part 1.4.1. If the EPA 

Regional Office grants you approval to use a paper NOT, and you elect to use it, you 

must complete the form in Appendix K.

8.4 DEADLINE FOR SUBMITTING THE NOT

You must submit your NOT within 30 calendar days after any one of the conditions in Part 

8.2 occurs.

8.5 EFFECTIVE DATE OF TERMINATION OF COVERAGE

Your authorization to discharge under this permit terminates at midnight of the calendar 

day that a complete NOT is submitted to EPA.

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

TERRITORIES

Note: This section is reserved for modifications or additions to the applicable conditions of 

this permit as part of the state and tribal CWA Section 401 certification process and the 

Coastal Zone Management Act (CZMA) certification process, or as otherwise established 

by the permitting authority. These conditions will be included in the final permit.