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Storm Water Program

CONSTRUCTION STORM WATER PROGRAM

ALL RISK LEVEL 3/ LUP TYPE 3 DISCHARGERS PLEASE NOTE: The Numeric Effluent Limitations (NELs) for pH and turbidity at Risk Level 3 / LUP Type 3 construction sites contained in Order 2009-0009-DWQ are no longer in effect. On December 27, 2011, the Superior Court issued a judgment and peremptory writ of mandate in California Building Industry Ass’n et al. v. State Water Resources Control Bd. The State Water Board will be amending Order 2009-0009-DWQ in accordance with the peremptory writ of mandate.

Dischargers whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity Construction General Permit Order 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.

The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP should contain a site map(s) which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP must list Best Management Practices (BMPs) the discharger will use to protect storm water runoff and the placement of those BMPs. Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of BMPs; and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment.  Section A of the Construction General Permit describes the elements that must be contained in a SWPPP.

If a single project traverses more than one Regional Water Quality Control Board (RWQCB) jurisdiction, a complete Notice of Intent package (Notice of Intent, site map, and fee) and Notice of Termination (upon completion of each section), must be filed for each RWQCB.

Linear Projects

Linear projects disturbing one or more acres of land must obtain coverage under the Construction General Permit Order 2009-0009-DWQ.

Other Permits

The Lahontan Regional Water Board (Regional Water Board 6SLT) has adopted its own permit to regulate storm water discharges from construction activity in the Lake Tahoe Hydrologic Unit. Owners of construction projects in this watershed must apply for the Regional Water Board permit rather than the statewide Construction General Permit. Construction projects within the Lake Tahoe Hydrologic Unit must comply with the Construction General NPDES Permit for the Lake Tahoe Basin (R6T-2011-0019).