Monday, September 25, 2017

Obtaining Permit Waiver Under 2017 EPA General Permit

The revised US EPA general permit for stormwater discharge from construction sites began effective on February 22, 2017. The revised general permit included an option for a permit waiver for certain projects.

These waivers are only available to stormwater discharges associated with small construction activities (i.e., 1-5 acres). The operator of a small construction activity may be able to qualify for a waiver in lieu of needing to obtain coverage under the general permit based on three factors. Each operator, unless otherwise needing permit coverage, must notify EPA of its intention for a waiver by submitting a waiver certification. Where the operator changes or another is added during the construction project, the new operator must also submit a waiver certification to be waived.

Waiver certifications are submitted prior to commencement of construction activities. If operators submit a TMDL or equivalent analysis waiver request, the project is not waived until EPA approves the request, and operators are advised not commence construction activities until receipt of approval from EPA. Operators are not prohibited from submitting waiver certifications after initiating clearing, grading, excavation activities, or other construction activities. However, EPA has indicated it reserves the right to take enforcement for any unpermitted discharges that occur between the time construction commenced and waiver authorization is granted.

Click here for more information on Caltha's Construction Stormwater Permitting and Compliance Support in your State.

New Kansas Industrial Discharge Permit

The Kansas General Permit for Stormwater Runoff Associated with Industrial Activities became effective on November 1, 2016. The reissued permit and forms contain new and additional requirements.

Owners or operators of new or existing unpermitted facilities subject to regulation of stormwater runoff must complete the new Notice of Intent (NOI) form to apply for and obtain coverage under the industrial stormwater general permit S-ISWA-1611-1.
Facilities that currently have industrial stormwater discharge coverage under the previous Kansas General Permit do not need to submit a new NOI, but need to comply with the requirements of the new general permit. Existing permitted facilities that wish to decline coverage under the new permit must submit an application for coverage under an individual permit by February 1, 2017 and must continue to comply with the conditions of the previous general permit until the individual permit is issued.

The principal requirement of the Kansas General Permit for Stormwater Runoff from Industrial Activity has remained the same - for the owner to develop, implement and maintain a Stormwater Pollution Prevention Plan (SWPPP). Caltha LLP has prepared a SWPPP Template to align with the 2016 Kansas permit requirements.

For more information go to Caltha Stormwater Services