Draft Construction General Permit (CGP) 2013

• Draft CGP 2013 (Parts 1 through 8) - (rev 05/08/2012)
  • Appendix A – Definitions and Acronyms (rev 05/08/2012)
  • Appendix B – Standard Permit Conditions (rev 05/08/2012)

For comparison, refer to the U.S. EPA Construction General Permit 2012 for access to U.S. EPA's new stormwater construction permit, fact sheet, appendices and other information.

Timeline for completion of ADEQ's CGP 2013; dates are tentative and subject to change.

• On or about May 31, 2012 – Conclude stakeholder meetings
• On or about September 01, 2012 – 30 day Public Notice of Draft CGP 2013 begins
• February 01, 2013 – WQD Director approves/ signs permit (CGP 2013)
• February 28, 2013 – ADEQ CGP 2013 effective date

Stakeholder Meeting

June 06, 2012
PUBLIC MEETING: Water Quality Division: Permits: Draft Construction General Permit (CGP) 2013
9:30 a.m. - 3:00 p.m.
ADEQ, Main Office
1110 W. Washington St., Room 5100B, Phoenix, Arizona 85007
Web Conferencing available at:
Pima County Department of Environmental Quality (PDEQ)
Bank of America Building, 7th Floor Conference Room
33 N. Stone Ave., Suite 700, Tucson, Arizona 85701
RSVP Larry Hawke, (520) 243-7448

Dennis L. Turner
Arizona Department of Environmental Quality
1110 West Washington Street - 5415 A1
Phoenix, Arizona 85007

Receive electronic notices about the Stormwater Construction General Permit (CGP 2013) via our mailing list.

See Also:

• November 02, 2011 Stakeholder Meeting
• February 15, 2012 Stakeholder Meeting

Construction Activities

Stormwater discharges generated during construction activities can cause an array of physical, chemical and biological water quality impacts. Water quality impairment results, in part, because a number of pollutants are preferentially absorbed onto mineral or organic particles found in fine sediment. The interconnected process of erosion (detachment of the soil particles), sediment transport and delivery is the primary pathway for introducing key pollutants such as nutrients (particularly phosphorus), metals, and organic compounds into aquatic systems.

Stormwater runoff from construction sites can include pollutants other than sediment such as phosphorous and nitrogen, pesticides, petroleum derivatives, construction chemicals and solid wastes that may become mobilized when land surfaces are disturbed.

Permit Area

The Construction General Permit (CGP) covers stormwater discharges from construction activities in Arizona, except for those construction discharges in Indian Country.

Permit Waivers

There is a waiver option for small construction activities provided in the stormwater Construction General Permit (CGP). To be eligible for this waiver option the operator must apply using the ADEQ Smart NOI System and the project must meet the following criteria:

• The project must disturb less than 5 acres;
• The project cannot be located within 0.25 miles of an impaired or outstanding Arizona water; and
• The project must have an "R" (or erosivity) value of less than 5 as calculated by the Smart NOI system. Additionally, ADOT projects are not eligible for the waiver option.

Construction General Permit (AZG2008-001)

This permit replaces the previous construction general permit that was issued for a five-year term by ADEQ in February 2003.

The Construction General Permit (CGP) authorizes stormwater discharges from construction-related activities where those discharges have a potential to enter surface waters of the United States or a storm drain system. Note the Arizona Pollutant Discharge Elimination System (AZPDES) authorizing statute uses the term navigable waters, which is defined as equivalent to the waters of the United States. However, because the term navigable waters can be confusing to the general public (i.e., the definition of navigable waters also includes ephemeral washes, intermittent streams, playas, and wetlands, that may not be able to be traveled by conventional vessels), this permit generally references discharges to waters of the United States.

To obtain authorization for discharges of stormwater associated with construction activity, the operator must comply with all the requirements of the general permit and submit a Notice of Intent (NOI) in accordance with Part II of the general permit.

• Construction General Permit (CGP) Forms
• NOI Construction Database Search
• ADEQ SMART NOI System

How to Obtain Coverage

The operator of a construction site is responsible for obtaining coverage under an Arizona Pollutant Discharge Elimination System (AZPDES) permit. The operator could be the owner, the developer, the general contractor, individual contractor or a combination thereof. When responsibility for operational control is shared, all operators must apply. Thus, a single construction site may have one operator or a number of operators who may operate under a common or separate Stormwater Pollution Prevention Plan (SWPPP).

Submit a Notice of Intent (NOI) by mail, fax or online to:

Arizona Department of Environmental Quality
Surface Water Section - Stormwater and General Permits Unit
1110 West Washington Street, 5415A-1
Phoenix, Arizona 85007
(602) 771-4528 - Fax

The NOI must be complete and accurate and signed by the appropriate signatory in order for coverage to be obtained. The form also serves as a commitment by the operator that there will be compliance with the permit conditions.

The 'operator' must develop and implement a SWPPP that satisfies the conditions of the permit. If the site is located within 1/4 mile of an impaired or outstanding Arizona water (OAW), the SWPPP must be submitted with the NOI. ADEQ will notify the applicant within 32 business days after receiving the SWPPP if the SWPPP needs revisions or if permit coverage is granted or denied. In all other cases, the applicant is not required to submit the SWPPP to the department for review unless specifically required by ADEQ.

For helpful information on developing Construction Stormwater Pollution Prevention Plans (SWPPP), including templates and instructions, please visit:

• ADOT Stormwater Program (for reference only)
• U.S. EPA: Stormwater Pollution Prevention Plans for Construction Activities (for reference only)

The SWPPP must be on-site whenever construction activities are actively underway and must be fully implemented and maintained as construction activities progress.

If ADEQ does not issue the authorization certificate within seven days, or 32-business days for sites located within 1/4 mile of an impaired or outstanding Arizona Water, of receiving the NOI or otherwise notify the operator that the submitted NOI is deficient, the operator may commence construction activities without an authorization certificate; however, it is the operator's responsibility to verify the date the NOI was received by ADEQ before initiating construction activities. Whether or not ADEQ notifies the operator of a deficiency in the NOI, discharges are not authorized under this permit if the operator submits and incomplete or incorrect NOI.

Fees

The Stormwater Construction General Permit fee schedule summarized below (established in A.A.C. R18-14-109) became effective July 01, 2011. The correct fee amount must be submitted with the Notice of Intent (NOI) form for processing.

Notice of Termination

After the construction project is complete and the project's disturbed area is stabilized to at least 70 percent of natural background density or responsibility for the project has been assumed by another operator, the permittee must submit a Notice of Termination (NOT) to closeout permit coverage.

Contacts

For technical information and questions, please contact Christopher Henninger - (602) 771-4508.
For NOI information and questions, please contact Joanie Rhyner - (602) 771-7614.

See Also:

• Stormwater