Construction Activity

Stormwater Discharges from Construction Activities

Sediment and other pollutants from construction sites can significantly impact water quality.

Coverage under the NPDES Stormwater Construction Generic Permit (CGP) is required for construction activities that: 

• Disturb at least one or more acres of land OR disturb less than one acre of land but are part of a common plan of development or sale (CGP Section 8.3) AND
• Discharge stormwater to surface waters of the state or to a municipal separate storm sewer system (MS4).

Operators of such construction activities must obtain coverage under the CGP and implement appropriate "best management practices" (BMPs) such as properly managing stormwater flow and discharge, techniques to minimize erosion and sedimentation and control wastes to prevent runoff of pollution. Operators may elect to have coverage for dewatering activities associated with the construction activity as part of the CGP, if certain criteria are met.

The NPDES stormwater program regulates discharges that are associated with "large" and "small" construction activities. A coverage term is five (5) years or until permit coverage is terminated. 

Construction Generic Permit Requirements

• Develop a Stormwater Pollution Prevention Plan (SWPPP) (guidance). 
• Obtain CGP coverage.
• Maintain compliance with the Construction Generic Permit and implement the SWPPP.
• Submit a Notice of Termination (NOT) to terminate coverage within 14 calendar days after site has achieved final stabilization OR discharges from the site are authorized under a separate NPDES permit (new operator, etc.). If the construction activity extends beyond a five year period, you must apply to Renew coverage for another five years.

Obtaining Permit Coverage

1. Submit a complete Notice of Intent (NOI) and application fee at least 2 calendar days before commencement of construction activities. 
2. Submit the complete NOI: 
   1. Online using the DEP Business Portal (guidance) OR
   2. Mail the signed NOI and appropriate check to:
      Florida Department of Environmental Protection
      PO Box 3070
      Tallahassee, FL 32315
3. Fees: 
   1. Large Construction (disturbs 5 or more acres of land) is $400.
   2. Small Construction (disturbs between 1-5 acres) is $250.
4. The Department will send an Acknowledgment of permit coverage for processed NOIs via email, whether NOIs are submitted online or by mail.
5. If your project discharges stormwater to an MS4, send a copy of the NOI and acknowledgement within 7 calendar days to the MS4.

Terminating Permit Coverage

Submit a Notice of Termination (NOT) online or by mail to discontinue permit coverage. 

NPDES Stormwater Program
2600 Blair Stone Road, MS 3585
Tallahassee, FL 32399-2400

The Department may terminate permit coverage when 5-year permit term expires or the operator no longer meets the eligibility requirements of the permit.

Note: The Construction Generic Permit is separate from the Environmental Resource Permit (ERP) or any local government's stormwater discharge permit.

Construction with Dewatering

Discharge to ground water from dewatering operations is regulated through industrial wastewater permit (Rule 62-621.300(2), F.A.C.; however, the operator may instead obtain coverage for dewatering associated with a construction activity through the CGP, if certain criteria are met (Part 3.4.3). The operator must implement appropriate dewatering BMPs and note dewatering activities in the SWPPP. If the criteria are not met, the operator must obtain permit coverage from the DEP District office for dewatering activities. 

For the purposes of the CGP, dewatering means temporarily lowering the ground water level, whether confined or unconfined, by mechanical pumping to allow for construction and excavation activities at the construction site covered by this generic permit. 

Large Construction Activity

• Disturbs five acres or greater of land, or
• Disturbs less than five acres of land that is part of a larger common plan of development or sale that will ultimately disturb five acres or greater.

Small Construction Activity

• Disturbs equal to or greater than one and less than five acres of land, or
• Disturbs less than one acre of land that is part of a larger common plan of development or sale that will ultimately disturb between one and five acres.

Frequently Asked Questions (FAQs) provides answers to the questions most commonly posed regarding the NPDES Stormwater Program.