2017 EPA Construction General Permit

The August 2016 Newsletter summarized the 2012 CPG for stormwater discharges from construction sites disturbing one or more acres of land.  The CPG included requirements for using 2009 technology-based effluent limitation guidelines and new source performance standards for the construction and development industry (C&D Rule), non-numerical effluent limits for erosion and sediment controls, soil stabilization, dewatering and Stormwater Pollution Prevention Plans (SWPPPs).  The article also previewed the draft 2017 CPG.

EPA has issued the 2017 CPG, effective February 16, 2017.  All existing sites under the 2012 CGP must update SWPPPs and file a new Notice of Intent by May 17, 2017.  The new CPG adds to the 2014 CPG.  It covers demolition sites, sets new C&D non-numeric effluent limits, requires self-inspections, corrective actions, training, and electronic reporting.  There are mandatory stabilization measures based on the size of the disturbance and requirements for erosion controls based on design specifications.  Developers and property owners must recognize that having a multi-binder generic SWPPP on the shelf in the construction trailer is not enough to comply with the CGP.  The document must be tailored to fit the site; the contractor needs to designate the SWPPP as the project erosion “bible,” and train its staff and subcontractors to consult the bible when erosion events occur.

Gold nugget tip:  Designate an Environmental Monitor who checks the predicted rainfall every day and the erosion and sedimentation controls before and after the storm event, and has authority to direct needed repairs.