New Construction General Permit for Storm Water Discharges Effective July 1, 2010

The California State Water Resources Control Board substantially revised the statewide General Permit for Discharges of Storm Waters Associated with Construction Sites that regulates water quality at construction sites (“Construction General Permit”). (See Order No. 2009-009 DWQ.) The new requirements, which take effect July 1, 2010, will significantly impact the planning and management of projects that are more than one acre in size.

The new Construction General Permit applies to any construction or demolition activity that results in a land disturbance of one acre or more, or of land disturbances of less than one acre, if the construction is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface. The new Construction General Permit also applies to construction activities associated with Linear Underground/Overhead Projects (“LUPs”); discharges of sediment from construction activities associated with oil and gas exploration, production/processing/treatment operations, or transmission facilities; and storm water discharges from dredge spoil placement that occur outside the jurisdiction of the U.S. Army Corps of Engineers.

Previously, the regulation of storm water discharges from construction sites consisted primarily of the development of a Storm Water Pollution Prevention Plan (“SWPPP”) and the implementation of Best Management Practices (“BMPs”). The new Construction General Permit, however, mandates several new monitoring and reporting requirements that are each individually enforceable.

In order to obtain coverage under the new Construction General Permit, the following five documents and appropriate fee must be filed electronically with the State Water Resources Control Board: notice of intent to comply, site map, site risk assessment, SWPPP, and signed certification statement.

For more information or assistance with the New Construction General Permit to ensure you comply, contact Leah Goldberg or Laura Hollender at 800.464.3559.