Construction activities (which include soil disturbing activities such as clearing, grading, excavating, stockpiling, etc.) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale, are regulated under the NPDES stormwater program. Operators of regulated construction sites are required to develop stormwater pollution prevention plans; to implement sediment, erosion, and pollution prevention control measures; and to obtain coverage under a state or EPA NPDES permit.
Most states are authorized to implement the NPDES permit program, including the stormwater program. Where EPA is the permitting authority, most construction activities are regulated under the Construction General Permit (CGP). The CGP outlines a set of provisions construction operators must follow to comply with the requirements of the NPDES stormwater regulations. Construction operators intending to seek coverage under EPA's CGP may use the electronic Notice of Intent (eNOI) system or file an eNOI by mail. If you are filing a "Notice of Intent" form (or other related forms) under EPA's stormwater program (multi-sector industrial or construction general permits) and have questions you can submit them to EPA.
Notice of Intent (NOI)
Permitting PhotoA Notice of Intent must be submitted for individual projects in accordance with the requirements of the general permit and at least 48 hours
prior to any land disturbing activity. The State typically forwards the respective NOI form to the Department once they have been notified that a sediment control plan has been approved for one of its Capital projects. The NOI form includes information regarding the permittee, site location, Watershed Basin Code, project description, total disturbed area, pre-and post-developed runoff curve numbers, drainage area etc. For municipalities and public agencies, the form must be signed/certified by a principal executive officer or a duly authorized official such as the Director of Public Works and Transportation.
Construction & Development Effluent Limitations Guideline
On December 1, 2009, EPA published effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants fro construction sites. The Construction and Development ELG, or C&D rule, becomes effective on February 1, 2010. After this date, all permits issued by EPA or states must incorporate the final C&D rule requirements.
2008 Construction General Permit
In July 2008, EPA issued its final 2008 CGP. The 2008 CGP is a three-year permit, which will expire on or before June 30, 2011. (Note: EPA extended the term of the 2008 CGP by one year on January 28, 2010.) By June 30, 2011, EPA will issue a new CGP, which will incorporate the new C&D rule requirements. EPA expects to propose modifications to the existing CGP for public comment in the summer of
2010 Transfer of Authorization (TOA)
The authorization under this permit is transferable. A TOA must be submitted to the State immediately during the construction period if the permittee is no longer overseeing the operations on the site or may be transferred if the affected property changes ownership. The Department typically requires construction contractors to execute the form in conjunction with the award of the respective contract.
Notice of Termination (NOT)
Where a site has been finally stabilized and all storm-water discharges from the construction site(s) that are authorized under the NOI are eliminated, the authorized permittee of the facility must submit a Notice of Termination form to the Maryland Department of the Environment.
A one-time fee is required with the initial submission of an NOI form. The fee schedule is based on the size of the total planned disturbance. A state or local government agency is exempt from the fee requirement. Construction projects between 1 and 5 acres of disturbance are subject to the minimum $100 Maryland Department of the Environment application fee.
Failure to notify the MDE is considered a violation of the Environmental Article in the Annotated Code of Maryland, or the Clean Water Act. Criminal
Penalties include: Negligent Violations which are subject to fines of $2,500-$25,000 per day of violation, or by imprisonment of not more than one year, or both; Knowing Violations which are subject to fines of $5,000-$50,000 per day of violation, or by imprisonment of not more than three years, or both; Knowing Endangerment which is subject to a fine of not more than $250,000, or by imprisonment for not more than 15 years, or both. Civil Penalties for violations of permit conditions are subject to a fine not to exceed $25,000 per day.