Construction Program

General Permit for Construction Activities

Operators of construction activities in California State must seek coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (Construction General Permit, 99-08-DWQ) for Storm Water Discharges From Construction Activities (one acre or more). Furthermore, complying with the NPDES Municipal Permit (according to the construction location) may be an additional requirement (please contact your municipality and ask if they have specials requirements).

Obtaining Coverage Under the Permit

To obtain coverage under the permit, the operator and or owner of theconstruction site must develop and implement a storm water pollution prevention plan (SWPPP) and must submit a Notice of Intent (NOI) form to the designated Regional Water Quality Control Board (address identified on the NOI form) prior to the commencement of construction activity. NOI fee (based on project size) must be submitted at the same time to the Regional Water Quality Control Board (address identified on the NOI form).

Storm Water Pollution Prevention Plans (SWPPPs)

All applicants for coverage under the permit are required to have a Storm Water Pollution Prevention Plan. SWPPPs must be developed and implemented in accordance with the permit prior to submitting the NOI or posting the site notice. Several items are required in a SWPPP, including:

Guidance on SWPPP development and the implementation of appropriate BMPs is available from EPA and on this site in the Training section.

In general how Storm Water Inspection goes?

In general the City, County or the Regional board send storm water management specialists/inspectors to the construction site. Their goal is to insure compliance of the construction site that are regulated by the Environmental Protection Agency. Remember that inspection is a required element of the city's own National Pollutant Discharge Elimination System (NPDES) permit to discharge storm water from the municipal separate storm sewer system (MS4).
When an inspector goes to a site for the first time, he will ask to speak to the site superintendent (or owner representative) and then will conduct a two-part inspection. He/She will examine the site's Notice of Intent (NOI) sent to the Regional Water Quality Control Board, and then will conduct a thorough inspection of the site's Storm Water Pollution Prevention Plan (SWPPP). A SWPPP must be written and implemented prior to the commencement of construction activities that may cause any thereat to water quality. The inspector will check the SWPPP for all required elements, paying strict attention to the required certifications, inspection reports, and site description erosion and sediment controls, tacking control, wind erosion control, non-stormwater and waste water management measures.

The SWPPP must be available onsite if there is an onsite construction office. If there is no onsite office, it must be available locally. At least one SWPPP must be developed for each construction site. For more effective coordination of management practices and opportunities for cost sharing, a cooperative effort by the different operators at a site to prepare and participate in a comprehensive SWPPP is encouraged by the EPA.

Individual operators at a site may, but are not required, to develop separate SWPPPs that cover only their portion of the project as long as reference is made to other operators at the site. When there is more than one SWPPP for a site, coordination must be conducted between the permittees to ensure the storm water discharge controls and other measures are consistent with one another (e.g., provisions to protect listed species and critical habitat).
The SWPPP must be prepared in accordance with good engineering practices, and shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges from the construction site. The SWPPP shall describe and ensure the implementation of best management practices (BMPs) which will be used to reduce the pollutants in storm water discharges associated with construction activity at the construction site and assure compliance with the terms and conditions of the construction general permit.

Following the SWPPP inspection, the inspector will do a site inspection with the site superintendent. He will take the site's erosion control drawing along to determine whether BMPs have been implemented in accordance with the SWPPP.

At the conclusion of the inspection, the inspector will sit down with the site superintendent (or owner representative) and explain where the site is deficient. A follow-up inspection will be conducted as quickly as possible, generally within a week to ten days. An inspector will "pop in" randomly during this time, or may just make a drive by inspection of the site.

If on his initial visit to a site the inspector determines that no NOI has been filed, he will bypass the site superintendent (or owner representative) and will deal directly with the owner of the construction company or the property owner.

During rain events, the inspectors check as many job sites as possible to determine whether non-storm water discharges are being made from the site. Operators of sites are subject to receiving a Notice of Violation (NOV) from the City if such discharges are being made. In appropriate circumstances, the inspector may issue a citation, which carries a criminal fine of up to $32,500 per day per violation.

NPDES Construction links:


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