Storm Water Program

2009-0009-DWQ Construction general permit (Effective July 1, 2010)

Disclaimer: Nothing herein constitutes official agency interpretation of State Water Resources Control Board Order No. 2009-0009-DWQ. The actual provisions of Order No. 2009-0009-DWQ should be consulted, as they will govern in all circumstances. The information contained in this FAQ is for general guidance purposes only, and the State Water Board does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of this information.

Linear Construction – Frequently Asked Questions

1. How should “total area to be disturbed” on the NOI form be calculated for linear construction activity?
2. Since linear construction activities can transverse or enter into different Regional Boards jurisdictions, how many NOIs must be submitted?
3. Who should apply, and who is the proper signatory?
4. Since linear construction projects usually encompass a very large area, how should we determine the site address on the NOI form?
5. I have an active WDID# under 99-08-DWQ. Can I be grandfathered into 2009-0009-DWQ?
6. If I am covered under the Small LUP General Permit (2003-0007-DWQ) and will need coverage under the 2009-0009-DWQ Permit, how will my annual fees change?
7. What documents must be submitted to the State Water Board and Regional Water Boards?
8. Attachment A requires that photographs of the site taken before, during, and after storm events are taken during inspections, and submitted through the State Water Board's SMARTS website every three rain events? Are photographs required every rain event or every third rain event?
9. Do the visual inspection requirements in Attachment A, section M(3)(a)(iv)(2) and (3) apply to Linear Underground/Overhead - Risk Type 1 projects in rural (undeveloped/unpaved) settings?
   

1. How should “total area to be disturbed” on the NOI form be calculated for linear construction activity?
   All disturbances to the ground must be accounted for and considered additive. The following formula attempts to account for all disturbances from the construction activity, not just the trenching activity itself:
   
   

   [Width of disturbance (including trench width)
   
   + Immediate access width] * Length of Project pipe
   
   + Areas where project-related activity occur (i.e, equipment and material storage, staging, and preparation areas not on paved surfaces, ancillary facility areas)
   
   + (Bore hole diameter * Immediate access width) * number of bore holes
   
   + New road construction width * road length
   
   = Total area to be disturbed
   

   This formula illustrates how to account for all disturbances to the ground resulting from the construction activity. Although dischargers are not required to use this exact formula, they must include all disturbances to the ground in their total calculation.
2. Since linear construction activities can transverse or enter into different Regional Boards jurisdictions, how many NOIs must be submitted?
   Regardless of the project scheduling, separate PRDs must be submitted electronically in SMARTS for each Regional Board area prior to the commencement of construction activities.
3. Who should apply, and who is the proper signatory?
   For Linear Underground/Overhead projects (LUPs), the LRP is the person in charge of the utility company, municipality, or other public or private company or agency that owns or operates the LUP. The LRP’s Approved Signatory may be:
   • A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
   • The manager of the facility if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
4. Since linear construction projects usually encompass a very large area, how should we determine the site address on the NOI form?
   When submitting the Permit Registration Documents (PRDs), you must indicate in the “project type” that this is a linear project.
5. I have an active WDID# under 2003-0007-DWQ. Can I be grandfathered into 2009-0009-DWQ?
   The grandfathering applies to the assignment of LUP type, but not to permit coverage itself. All existing dischargers covered under 2003-0007-DWQ will continue to comply with the existing permit until July 1, 2010. Projects active on or after the July 1, 2010 effective date shall file electronically for coverage under the 2009-0009-DWQ Permit. Such dischargers will be automatically designated LUP Type 1 and will be exempt from the risk determination requirements in the CGP until two years after 2009-0009-DWQ permit adoption date (September 2, 2011). Therefore, such dischargers will not be required to submit risk assessment calculations with their PRDs.
6. If I am covered under the Small LUP General Permit (2003-0007-DWQ) and will need coverage under the 2009-0009-DWQ Permit, how will my annual fees change?
   Linear Tier I NOIs (under 2003-0007-DWQ) which have already paid their annual fee will be pro-rated based on the portion of they year they had coverage under the Small LUP General Permit (2003-0007-DWQ). For example, if a Tier 1 NOI was invoice in January 2010 for billing period January 2010 - January 2011, they will be refunded money for July 2010 - January 2011. On July 1, 2010, all current Tier I projects will need to file PRDs including the first annual fee.
   
   Linear Tier 2 projects will continue to be invoiced according to their normal billing schedule.
7. What documents must be submitted to the State Water Board and Regional Water Boards for linear projects?
   
   

   Document	Developer/Certifier	Timeline
   Annual Report	Discharger	September 1st
   – Employee Training Documentation	Discharger	In Annual Report
   Monitoring and Reporting Program (M&RP)	Discharger	In SWPPP as an appendix or chapter
   NAL Exceedance Report	Discharger	Submitted upon request by the Regional Board
   NEL Violation Report	Discharger	Submitted within 5 days after NEL exceedance has been identified
   Notice of Termination (NOT)	LRP	Upon completion of construction
   Permit Registration Documents (PRDs)	LRP	Submitted for permit coverage
   – Notice of Intent (NOI)	LRP	In PRD package
   – Risk Assessment	LRP	In PRD package
   – Site Map	LRP	In PRD package
   – Drawings/Maps showing locations of storm drain inlets and waterbodies	LRP	In PRD package
   – Storm Water Pollution Prevention Plan (SWPPP)	QSD	In PRD package
   – Contact Information for contractors responsible for each segment of the project	LRP	In PRD package
   – Certification Statement	LRP	In PRD package
   – Soil Particle Size Analysis	LRP	In PRD package (if applicable)
   – Annual Fee	Discharger	In PRD package

   
   
8. Attachment A requires that photographs of the site taken before, during, and after storm events are taken during inspections, and submitted through the State Water Board's SMARTS website every three rain events? Are photographs required every rain event or every third rain event?
   Photographs must be taken and submitted in SMARTS every third rain event regardless of rain event size. No action pertaining to photo documentation is necessary for rain events one and two.
9. Do the visual inspection requirements in Attachment A, section M(3)(a)(iv)(2) and (3) apply to Linear Underground/Overhead - Risk Type 1 projects in rural (undeveloped/unpaved) settings?
   The specific, daily closure requirements will vary from project-to-project. The discharger must specify suitable daily closure requirements in the SWPPP that reflect the characteristics of the project and the necessary water quality protections associated with the project.  Office of Chief Counsel Memo, dated January 31, 2012.
   

Questions or comments about the 2009-0009 DWQ Permit?

• Please email stormwater@waterboards.ca.gov or phone 866 563-3107.

Quick links to related (2009-0009 DWQ) Construction FAQs

• General Construction  |  Caltrans Construction

(Updated 1/28/13)