Water Quality Division: Permits: Stormwater Construction General Permit (CGP)

Stormwater Construction General Permit (CGP) 2013

The AZPDES 2013 CGP was signed May 29, 2013 and becomes effective June 3, 2013. Operators who received coverage on or before June 3, 2013 under the 2008 CGP will have their coverage automatically transferred to the 2013 CGP (they do not have to submit a new NOI or notify ADEQ). Construction projects that are eligible to terminate permit coverage under the 2008 CGP must submit a Noticeof Termination (NOT) before June 3, 2013, otherwise coverage will automatically transition to 2013 CGP.

Although their coverage will be automatically transferred, operators with ongoing construction projects that are covered by the 2008 CGP must update their SWPPPs within the first 120 days from the effective date of the 2013 CGP (i.e., October 1, 2013). See Part 2.3(3)(e)(ii) of the permit.

Note that some operators of ongoing construction projects may be eligible for an exception. Please review the “Note” at the beginning of Part 3.0, p. 13 for qualifying criteria.

2013 CGP Permit Documents:

2013 CGP Forms

NOTE: The Change of Operator Request (COR) form (see Part 2.6 of the permit) will be available later in June.

Related 2013 CGP Documents


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.

Additional information about the construction rainfall erosivity waiver can be found under "Additional Resources", below.

Construction General Permit (AZG2013)

This permit replaces the previous construction general permit that was issued for a five-year term by ADEQ in February 2008.

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 2.3 of the general permit.

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 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

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 30 calendar 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 see "Additional Resources", below.

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 30 calendar 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.

Additional Resources

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.

Stormwater Construction General Permit (CGP) Fee Schedule
Number of Acres Disturbed Fee Amount
Less than or equal to 1 $250.001
Greater than 1, but less than or equal to 50 $350.001
Greater than 50 $500.001
CGP Waiver
Waiver $750.00
Stormwater Pollution Prevention Plan (SWPPP)
SWPPP Review $1,000.002
SWPPP Re-Review $500.003
1 = The permittee is assessed an annual fee in the same amount until the Notice of Termination (NOT)
form is submitted to ADEQ to terminate permit coverage.
2 = SWPPP review fee is assessed only if the SWPPP is submitted to ADEQ for review.
3 = SWPPP re-review fee is assessed when a SWPPP is determined to be deficient and must be resubmitted.

Notice of Termination

Generally, 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. See part 2.5 of the permit for specific requirements.

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