Regulatory Guide – Construction Storm Water Permits & Procedures

• Who Must File as a Discharger?
• FAQs
• Filing Process and Permit Procedures
• Fees, Enforcement Provisions, Penalties and Your Rights
• Agency Resource Directory

Who Must File as a Discharger?

While much of the storm-generated pollution is from street runoff, construction activity also is a major source. Storm water runoff is carried to local waterways. This runoff significantly contributes to localized violations of water quality standards for specific pollutants.

The State Water Resources Control Board (SWRCB) has issued a statewide general permit to cover a variety of construction activities. This means that most businesses do not have to file for an individual National Pollutant Discharge Elimination System (NPDES) permit to deal with storm water runoff but may have to apply for a general NPDES permit. The general permit process involves:

• notification to state and local agencies of discharges
• development of plans to minimize pollutants
• implementation of specific monitoring efforts.

Many types of Sonoma County businesses, including most agricultural activities, do not need a storm water permit, but you still have to comply with water quality protection regulations through other programs. Most Sonoma County new and existing businesses regulated by the storm water runoff requirements apply for one of two classes of general permits.

• A general construction storm water permit is required and may include clearing, grading, excavation reconstruction, and dredge and fill activities that disturb at least one acre in total land area.
• Some businesses may have to file for a general industrial storm water permit based on the business SIC code or specific activities.

To determine if you should obtain a general industrial storm water , go to Industrial Storm Water Fillings and Permits.

This general guide is not a substitute for contacting your local Regional Water Quality Control Board about your particular circumstances.

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Frequently Asked Questions (FAQs)

1. Does My Project Require a Storm Water Discharge Permit?

   • Yes, if your project involves clearing, grading, or excavation that causes soil disturbance on one or more acres.
   • Yes, if your project involves a similar activity involving less than one acre and it is part of a larger development plan or sale.
   • No, if your project is already covered by an individual NPDES permit with storm water provisions.
   • No, if your project is less than one acre in size and your project is routine site maintenance of original line and grade, hydraulic capacity, or facility.
   • No, if your project involves emergency construction activity required to protect public health and safety.
   • No, if your project involves construction work on federally designated Indian lands.
   • No, if your project involves storm water discharges resulting from dredging and/or filling already regulated by the Army Corps of Engineers through the River and Harbors Act or Section 404 of the Clean Water Act.

2. Who do I contact if I’m still not sure?

   As the applicant, you have the responsibility to determine if you are covered by the regulations and required to file for either individual or general storm water permits.

   Contact the local Regional Water Quality Control Board (RWQCB) office staff for help in making your determination whether to file for a permit.

3. Where can I get help in complying?

   The RWQCB will help you determine if you are covered and how to comply. Full permit forms and instructions are available from them. Other help and information from the state can be obtained from the California Office of Permit Assistance and the Business Environmental Assistance Center (BEAC).

4. If my project is covered by construction storm water regulations, how do I file for a permit?

   File your Notice of Intent with the State Water Resources Control Board (SWRCB) in Sacramento and comply with the general permit conditions through either the North Coast Regional Water Quality Control Board (NCWQCB) or the Bay Area Regional Water Quality Control Board (SFBRWQCB). If you are unsure which district your project is in, contact either office for help.

   NCWQCB: Russian River drainage basin and coastal areas

   SFBRWQCB: Petaluma and Sonoma valleys.

   Exception: Businesses within the City of Santa Rosa still need to file a Notice of Intent with the SWRCB, but must work with the city in complying with general permit conditions. The city is the enforcing body for industrial and construction activities within Santa Rosa city limits.

   See Filing Process and Permit Procedures.

5. What if I decide I don’t need to file?

   If you decide not to file for a permit, then you must prepare documentation supporting your decision. Adequate documentation may include implementing many of the requirements of a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate that all runoff from your site has been assessed and is controlled.

6. What do I do with this documentation?

   You do not need to provide this file to the RWQCB, but if questions or problems arise later, you are required to disclose the documentation on which you based your decision not to get a permit. If you believe a reasonable chance exists that you should get a permit and you do not, significant penalties and other enforcement action may be taken. Do the work to make sure your decision is correct and prepare the documentation to back it up. See Enforcement Provisions and Penalties.

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Filing Process and Permit Procedures

1. Submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB) under the NPDES general storm water construction permit before you start site construction. Additional details on how to submit for the general (NPDES) construction activity storm water permit can be obtained from the appropriate RWQCB or the SWRCB.
2. Work with RWQCB staff to eliminate non-storm water discharges and any storm water discharges containing hazardous substances in excess of levels allowed under federal regulations.
3. Develop and implement a SWPPP. A Storm Water Pollution Prevention Plan (SWPPP) documents the use of storm water Best Management Practices (BMP) tailored to the circumstances of a particular site or project. The SWPPP has two main objectives: identify pollutant sources and describe practices to reduce sediment and pollutants in storm water discharges. Specific requirements can be obtained from your RWQCB.

   NOTE: The SWPPP must be kept at the construction site and provided upon request to RWQCB staff and/or local agency.

4. Conduct water quality monitoring work. Permittees must conduct construction site inspections prior to anticipated storms and after actual storms to find areas contributing to storm water discharge and to determine if the requirements of the site SWPPP are adequate and properly implemented. Requirements include dry and wet season visual checks, an annual inspection, and sampling. Each permittee must annually certify that construction activity complies with the general permit and the site SWPPP.
5. When the construction work is done. Cancel your specific coverage under the general permit by submitting a Notice of Termination to the appropriate RWQCB that certifies that:
   • construction activity is completed
   • all parts of the SWPPP have been completed
   • construction and equipment maintenance waste has been properly disposed of
   • the site complies with all local storm water management requirements

   This is only a summary of what is required. Specific information is included in the actual application material available from the RWQCB. Read the permit information carefully. If you proceed with any site work without understanding the specific requirements, you may waste money and time, and incur possible delays and penalties.

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Fees, Enforcement Provisions, Penalties and Your Rights

Your Rights as an Applicant

If you are not satisfied with the results of a decision regarding storm water permitting and compliance, you may appeal by following these steps in the order shown:

1. File an administrative appeal with RWQCB office to attempt to resolve the problem.
2. If you still wish to contest the administrative decision, file an appeal to be heard by the RWQCB.
3. If still not satisfied, you may appeal to the SWRCB.

Fees and Fines

Application and annual fees for construction storm water discharges under a general (NPDES) storm water permit are $500, payable to the State Water Resources Control Board. If you are discharging to the Santa Rosa municipal storm water system, you may only have to pay an application fee and an annual fee thereafter of $250 to the State Water Resources Control Board. Additional fees may be charged by the City of Santa Rosa.

Civil fines of up to $25,000 per day per violation can be imposed by the RWQCB, along with other civil penalties. Other state and local agencies can impose additional fines and penalties for violations of California Fish and Game codes, local ordinances regarding fair business practices, etc. In extreme cases, criminal penalties can also be pursued.

Caution: The magnitude of penalties can be affected by mitigating factors. These can include such issues as whether the business knowingly violated or willfully evaded the intent of the law. Your best interests lie in knowing exactly what is required of your business by getting the specific information you need from your Regional Water Quality Control Board.

This guide is presented as a convenience to the public and is for informational purposes only. It is important that all appropriate regulatory agencies be contacted directly for information and instructions concerning specific questions.

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