NPD-003 State Water Resources Control Board General Permit Requirements

Version 03/16/2023

The purpose of this document is to provide information to the development community on their responsibility to protect stormwater quality during construction and to inform them of the State Water Resources Control Board’s General Construction Permit requirements for construction projects disturbing one (1) or more total acres of soil.

This applies to construction activities including but not limited to:

• Clearing
• Grading
• Grubbing
• Excavating
• Stockpiling
• Reconstruction of existing facilities involving removal and replacement

Applicants of construction projects disturbing one (1) or more acres of soil are required to file for coverage under the State Water Resources Control Board (SWRCB) General Permit for Discharges of Stormwater Runoff Associated with Construction Activity (General Construction Permit, or CGP). The General Construction Permit is part of the SWRCB’s National Pollutant Discharge Elimination System (NPDES) program established to protect and enhance water quality.

To be covered under the General Construction Permit, the legally responsible person (LRP) of construction projects disturbing one (1) or more acres of soil are required to submit a complete Notice of Intent (NOI) package to the SWRCB and prepare a Stormwater Pollution Prevention Plan (SWPPP).

A complete NOI package consists of a NOI form, site map and fee. Fees are calculated per acre of disturbed area as determined by the SWRCB. The SWPPP should contain best management practices to prevent or reduce polluted stormwater runoff and list contact information for the LRP and qualified SWPPP developer and/or practitioner (QSD and QSP, respectively). The SWPPP is required to be present on-site and available for review by Regional Water Quality Control Board (RWQCB) inspectors, County inspectors, contractors and subcontractors throughout the duration of construction. All currently active and proposed construction projects are subject to this regulation.

To file for coverage, the LRP must electronically submit Permit Registration Documents (PRDs) prior to commencement of construction activities in the Stormwater Multi-Application Report Tracking System (SMARTS). A complete package can be uploaded to the SWRCB Stormwater Multiple Application and Report Tracking System (SMARTS).

PRDs consist of:

• The NOI
• Risk Assessment
• Post-Construction Calculations
• A Site Map
• The SWPPP
• A signed certification statement by the LRP
• The first annual fee

Additional information about calculating fees and preparing a SWPPP can be obtained from the SWRCB through the SMARTs website.

Failure to file a Notice of Intent constitutes non-compliance with the General Permit requirements and may result in RWQCB fines up to $10,000 per day.

More Information:

• State Water Resources Control Board (SWRCB)
  Website: www.waterboards.ca.gov
  Telephone: (916) 341-5537
  More information on the General Permit and associated requirements.
• Association of Bay Area Governments and Friends of the San Francisco Estuary
  Website: www.sfestuary.org
  Telephone: (510) 622-2465
  Order suggested materials including "Guidelines for Construction Projects" and the "Erosion and Sediment Control Field Manual."