General Construction (Storm Water): UPDES Permits

Why obtain a stormwater permit?

The objective of the CGP is to control and limit pollutants coming off a construction site so that the pollutants do not end up in a water body. Precipitation/storm events will mobilize pollutants at a construction site and carry the pollutants to a water body. The CGP has been developed with requirements for permittees to take steps to prevent pollutants from leaving the construction site and entering water bodies. Soil particulates are considered pollutants because, although soil particles naturally erode, construction activity exacerbates this process substantially. With soil erosion nutrients which are normally bound up in soil, are released. It is good and natural for nutrients to be in soil for plant growth, but if released to water bodies it causes degradation.

Who is required to get a UPDES Construction Storm Water Permit?

Operators and owners of construction activity that disturb 1 acre or greater are required to get a Storm Water Permit from the Division of Water Quality, however many construction sites that disturb less than 1 acre are also required to get a permit. A site that is less than 1 acre is required to get permit coverage if it is part of a “common plan of development or sale” that is over 1 acre. The term “disturb” is used above. The permit is required based on disturbed area caused by construction activity (not property boundaries). Disturbed area can extend beyond property boundaries or may be less than property boundaries.

Who is an operator for a UPDES Construction Storm Water Permit?

An operator at a construction site is the party who has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications, or

The party who controls the day-to-day operational control of those activities at a project that are necessary to ensure compliance with the Permit conditions.

The NOI specifically requires either the operator, or ownership of the project to sign for the permit. Consultants are not allowed to sign for permits.

What is Common Plan of Development or Sale?

A Common Plan of Development or Sale is a plan to subdivide a parcel of land into separate parts for separate sale. This can be for a residential, commercial, or industrial development.

The plan originates as a single parcel which is separated into parts. This usually goes through an approval process by a local governmental unit, but in some cases may not require that process. The original plan is considered the “common plan of development or sale” whether phased or completed in steps.

If a further plan is conceived that was not foreseen during the original plan, or the original plan is added onto but the addition was conceived later and was not included in any part of the original plan concept and/or development, and it develops after the completion of the construction of the entire original plan, it would be a separate “common plan of development or sale”. More than one owner of developable land can purposely join together and develop a single common plan of development or sale, but without a determined effort and coordinated planning, land owned by different owners would not be considered part of a single common plan of development or sale.

For UPDES storm water permit purposes a common plan must have been initiated after October, 1992. A common plan of development or sale remains so until each lot or section of the development has fulfilled its planned purposes (e.g. in a residential development as homes are completed, stabilized, and sold or occupied). As lots or separated sections of the development are completed, the lot or section is stabilized, and the plan purposes are fulfilled for that area, lot, or section; it is no longer part of the common plan of development or sale (e.g. if a home is sold in a development and the owner decides to add a garage somewhere on the lot, that garage project is not part of the common plan of development or sale. In this process a common plan of development or sale may become reduced in size and/or separated by completed areas (which are no longer part of the common plan of development or sale), but all unfinished lots remain part of the same common plan development or sale until they are completed, stabilized, and fulfilled according to the purposes of the plan).

What is required by a construction stormwater permit?

Your permit requires you to control and eliminate storm water pollution sources through the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). In the Plan, you identify possible sources of storm water pollutants then select Best Management Practices (BMPs) to reduce or eliminate their impacts. BMPs are the most important element of this Plan. The aim is to control storm water sediment and erosion to the maximum extent practicable.

This question is only answered completely by becoming familiar with the Construction Stormwater Permit that you need. Either the Construction General Permit UPDES Construction General Permit Number UTRC00000 effective July 1, 2024, or the Common Plan Permit UPDES Common Plan Permit UTRH00000.

Are buildings that will be used for agricultural purposes required to get coverage under a construction storm water permit?

When you are building a facility for agricultural purposes, although it will ultimately be used for agricultural purposes, it is construction activity. The construction of agricultural facilities must be permitted like all other construction activity.

Is the oil and gas industry required to apply for construction Storm Water permit coverage?

Only activities (industrial or construction) that result in a discharge of a reportable quantity release or that contribute pollutants to a violation of a water quality standard are subject to permit coverage.

Are there Construction Storm Water Permit payment exemptions for local government agencies?

No. City and/or County government entities are not exempt from the permit fee.

What is a Low Erosivity Waiver?

This waiver is for construction activity that is between one to five acres with an “R” factor of less than 5. The “R” factor refers to the second revision of the universal soil loss equation (commonly called RUSLE 2). RUSLE 2 is a predictor of potential rainfall that could take place during the time of construction.

The Erosivity Waiver Certification is active from the project start date to the project end date as indicated on the application. The fee for the Erosivity Waiver is $100 for each qualifying project.

For more information on LEWs, please reach out to the Manager or Construction Storm Water contacts below.