Construction FAQ

Do I need permit coverage for my construction project?

It is the responsibility of the operator to determine if permit coverage is required. Operators are required to obtain coverage under the CGP if:

• Stormwater from the activity has the potential to enter a surface water of the state or a municipal separate storm sewer system (MS4).
• Construction activities will result in the disturbance of one or more acres of land OR the project is less than one acre but part of a larger common plan of development or sale that will ultimately disturb one or more acres. Construction activities include soil disturbing activities, construction materials handling or storage, equipment storage or maintenance areas. The total disturbed acreage should include the staging area, laydown area and any construction activities (defined above).

Note: some municipalities may require permit coverage to discharge to their MS4 even if the conditions above are not met. 

What is a Common Plan of Development?

A single plan of development or sale for a site where one or more separate and distinct construction activities are occurring on one or more schedules by one or more contractors. This may include:

• Phased projects and projects with multiple lots, even if the separate phases or lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders).
• A development plan that may be phased over multiple years but is still under a consistent plan for long-term development.
• Projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility.
• Linear projects such as roads, pipelines, or utilities.

Where is my permit?

The Construction Generic Permit is a permit by rule. The current (2015) permit is in question-and-answer format.

DEP gives the operator "coverage" to operate under the generic permit when the Acknowledgement Letter is issued (via email). You are required to display the Acknowledgement Letter and NOI at the construction site. 

Do I send in my Stormwater Pollution Prevention Plan (SWPPP) with my NOI?

No, but a current copy must be kept at the location specified in the NOI. 

When do I terminate permit coverage?

You must file a NOT within 14 days of final stabilization of the site, or when you are no longer the operator of the site. If a construction permit expires without being renewed, it will be terminated by the Department. 

Can I apply for coverage in Indian Country Lands?

No. States do not have permitting authority on Indian Country Lands for the NPDES CGP. If the project site is in Indian Country Lands, the operator must apply with EPA using EPA’s Central Data Exchange (CDX).

Visit EPA's CGP FAQ document for more information.

Do I need permission from the owner of an MS4 to discharge into the MS4?

The permit requires that you notify the MS4 operator within 7 days of permit coverage. Each local entity may have their own regulations regarding discharging into the MS4.