Stormwater Program for Construction Activity

Program Update: Federal Construction and Development Effluent Limit Guideline

On January 4, 2011, US EPA stayed the numeric limitation of 280 NTU in the Final Construction and Development Effluent Limitation Guideline rules that were published on December 1, 2009. EPA plans to propose a revised NTU limit in a future rulemaking. The Final Rule on Effluent Guidelines for Discharges from Construction and Development Sites is now available on the EPA's Web site.

The MPCA will need to comply with new monitoring requirements in the rule when the Construction Stormwater Permit is reissued in 2013. At a minimum, the state permit must be as stringent as the new federal regulations. In the interim, permittees should comply with the existing Construction Stormwater Permit.

Overview

When stormwater drains off a construction site, it carries sediment and other pollutants that harm lakes, streams and wetlands. According to the 1996 National Water Quality Inventory, stormwater runoff is a leading source of water pollution. The U.S. Environmental Protection Agency (EPA) estimates that 20 to 150 tons of soil per acre is lost every year to stormwater runoff from construction sites.

Many studies indicate that controlling erosion can significantly reduce the amount of sedimentation and other pollutants transported by runoff from construction sites. To keep Minnesota’s valuable water resources clean the Minnesota Pollution Control Agency (MPCA) issues permits to construction site owners and their operators to prevent stormwater pollution during and after construction.

Site owners and their construction operators must sign off on a National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Construction Stormwater General Permit. As part of the application for this legal document, the owner and operator must create a stormwater pollution prevention plan (SWPPP) that explains how they will control stormwater.

Once they complete their stormwater pollution prevention plan, applicants may choose to apply online in order to receive quicker permit coverage and prevent errors in their application.

Who Needs an NPDES/SDS Permit

You need an NPDES/SDS permit if you are the owner or operator for any construction activity disturbing:

• One acre or more of soil.
• Less than one acre of soil if that activity is part of a "larger common plan of development or sale" that is greater than one acre.
• Less than one acre of soil, but the MPCA determines that the activity poses a risk to water resources.

Most construction activities are covered by the general NPDES stormwater permit for construction activity, but some construction sites need individual permit coverage. Owners and operators are both responsible for submitting the permit application.

How to Apply for a NPDES/SDS Permit

Owners and operators of construction activity must complete several steps before completing a permit application and beginning construction. Owners and operators determine their eligibility for coverage under the general NPDES permit by following these steps:

• Steps to Construction

Permit and Program Forms

Special Waters and Impaired Waters

NPDES/SDS permits for construction sites near specially-protected and impaired waters require additional controls, conditions or an individual permit:

• Sites that discharge near waters with qualities that warrant extra protection (special waters) must use additional best management practices and enhanced runoff controls.
• Sites that discharge near an “impaired water,” impaired for phosphorous, turbidity, dissolved oxygen, and biotic impairment, must meet special conditions.
• Sites that discharge to calcareous fens, need a letter of approval from the Department of Natural Resources.

The MPCA has several documents and an interactive map called Special Waters Search to help project planners identify those waters near their site that may require extra protections or an individual permit. The specific requirements are outlined in the General Stormwater Permit.

• Special Waters List
• Known Calcareous Fens List
• General Information about Impaired Waters and the Current TMDL List of Impaired Waters
• Special and Impaired Waters Search: This is an electronic map tool using Geographic Information Systems (GIS) technology. Find the construction site location, draw the site boundaries and create a list of special waters.
  Note: This is best viewed using Internet Explorer 5.0 or higher or Netscape 6.0 or higher, with pop-up blockers disabled and screen resolution set to 1024x768 or higher.

Guidance

Pollution prevention guidance

Of the top 5 common violations, see how you can prevent environmental impacts and enforcement.

•  Vehicle tracking
•  Perimeter control
•  Slope and Site Stabilization
•  Storm Drain Inlet Protection
•  Stormwater Pollution Prevention Plans (SWPPPs)

Topic specific guidance

• Agricultural Conservation Practice Projects
• Alternative Stormwater Treatment Methods
•  Buffer Zone Requirements
• Common Plans of Development
• Concrete Washout Guidance
  • EPA guidance on concrete washout requirements 
•  Drainage Ditch Projects
•  Emergency Application Overview
•  Feedlot Construction Sites
•  Forest Road Exemption Guidance
•  Linear Utility Projects
•  Owner Responsibilities Under the Construction Stormwater Permit
•  Permit Overview
•  Permit Training Requirements
•  Preventing Further Damage After Floods
•  Untreated Stormwater Runoff to Lakes, Streams, and Wetlands

Compliance guidance

• Homeowner Fact Sheet
•  2011 Compliance Calendar (call the Small Business Assistance Program at 800-657-3938 for a paper copy) (p-sbap5-06)
•   Construction SWPPP Template
• SWPPP Checklist – Construction Stormwater Permit Program (wq-strm2-47)
• How to Determine Latitude and Longitude
• How to Use the Notice of Termination/Permit Modification Form
•  Stormwater Compliance Assistance Toolkit for Small Construction Operators (wq-strm2-09)
•  Stormwater Construction Inspection Guide
•  Stormwater Construction Inspector's Field Guide
• Inspection Checklist

General stormwater management guidance

• Minnesota Stormwater Manual
• Stormwater Best Management Practices- Protecting Water Quality in Urban Areas
•  Stormwater and Wetlands: Planning and Evaluation Guidelines
• Plants for Stormwater Design

Presentations/Slide Shows

• Bluffland Erosion from Urban Stormwater
• General Construction Permit Requirements for Discharging to Wetlands, Special and Impaired Waters and Limitations of the Permit

Ordinance Examples

• Introduction to Model Stormwater Ordinances
• MPCA Model Stormwater Ordinances
• National Education for Municipal Officials (NEMO) Model Ordinances:
  • Model Stormwater Ordinance
  • Model Erosion and Sediment Control Ordinance
  • Model Subdivision Ordinance
  • Model Shoreland Management Ordinance

Training Opportunities

Non-MPCA stormwater related training opportunities are available from the following organizations*:

• Minnesota Erosion Control Association
• University of Minnesota Stormwater Erosion/Sediment Control Certification Program

* Disclaimer: Links to non-MPCA sites are provided as a convenience to site visitors. The MPCA is not is not responsible for the information at these sites and does not necessarily endorse the opinions, products or services found there.

Links to Additional Information

• National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II Final Rule.
• National Stormwater Best Management Practices (BMP) Database
• Minnesota Department of Transportation Erosion Control Handbook for Local Roads
• University of Minnesota, Center for Transportation Studies, Local Technical Assistance Program, Erosion Control Resources
• U.S. EPA Roads, Highways and Bridges Erosion Control Resources
• Penn State Center for Dirt and Gravel Road Studies

File a Complaint about an Observed Pollution Problem

If you have information concerning an observed pollution problem, we strongly encourage you to submit it to the MPCA at the Incident Management page.

Construction Program Contact Information

Application Packet Information and Status:

For status on your application, you may find out by clicking in the following link that is connected to a database:

• Construction Stormwater Permit Search

For other information, please call the MPCA Stormwater Hotline at 651-757-2119 or 800-657-3804.

Technical Questions:

Changes as of 2008

Minnesota’s new General Stormwater Permit for Construction Activity (MNR100001) went into effect August 1, 2008. The following fact sheet contains  information about the major changes to the Construction Stormwater Genearl Permit:

•  Major changes in the Construction Stormwater General Permit (2008)

Regulated Parties Under the 2003 General Stormwater Permit for Construction Activity

Permitee's who were issued the 2003 General Stormwater Construction Permit, will need to be in compliance with the new permit starting in February 1, 2010.  If you need to transfer an existing permit (a project covered under the current or the 2003 permit) the MPCA requires you to use the new form (Notice of Termination/Permit Modification) at the top of this page.  For your reference, the 2003 Permit is available below:

•  General Stormwater Permit for Construction Activity (former permit)

Regulated Parties Under the 1998 General Stormwater Permit for Construction Activity

A copy of  the 1998 permit  is available below:

•  General Stormwater Permit for Construction Activity (MN R10000)

2008 Permit Development History

Minnesota's new General Stormwater Permit for Construction Activity (MN R100001) went into effect August 1, 2008.

On July 22, 2008, the MPCA Citizens' Board denied a request from the public for a contested case hearing, and approved the permit, with changes recommended by the staff based on comments received during the public comment period. The MPCA staff prepared a number of documents that Board members referred to in making their decisions. The documents included:

• Findings of Fact, Conclusions of Law and Order
• MPCA Staff Response to Public Comments
• Written Comments Received

On February 25, 2008, the MPCA provided public notice of its intent to reissue NPDES/SDS General Permit No. MN R100001 for persons conducting construction activity and for discharges of stormwater associated with construction activity. The Draft General Permit was on public notice through March 26, 2008. The Draft General Permit and supplemental information documents for the Permit are provided below.

• Draft NPDES/SDS General Stormwater Permit for Construction Activity (MN R100001)
• Fact Sheet for Draft NPDES/SDS General Stormwater Permit for Construction Activity (MN R100001)
• Supplemental Information on Impaired Waters for Draft NPDES/SDS General Stormwater Permit for Construction Activity
• Supplemental Information on Biological Impairments and Construction Stormwater
• Supplemental Information on Change of Permit Coverage for Draft NPDES/SDS General Stormwater Permit for Construction Activity