Department of Ecology Construction Stormwater General Permit

Changes from WSDOT and DOE

The Department of Ecology (DOE) came out with a Stormwater Management Manual for Eastern Washington in 2005 that provides guidance on Erosion and Sediment Control Lead (CESCL) Certification Course requirements.  These requirements supersede those of the Washington Department of Transportation's (WSDOT) requirements. Because the upcoming certification requirements contained in the "Construction Stormwater General Permit" from DOE dated November 16, 2005 state that after October 1, 2006 all site inspections must be completed by an Ecology approved CESCL WSDOT has made the decision to discontinue their CESCL training program.  As a good faith effort to the contractors that have taken WSDOT's CESCL training, WSDOT and DOE have made a verbal agreement to "grandfather" in anyone that was certified prior to January 1, 2005, when the DOE manual became effective. Those people certified before January 2005 will still have their 3-year certification honored until it expires. Anyone attending the WSDOT  training since January 1, 2005 will need to attend the new training course and their certification cards will no longer be valid.

What is the Construction Storwmater General Permit?

The Department of Ecology implements the Federal Clean Water Act. Because of this federal law, Ecology's construction general permit is required for certain construction activities. The goal of the permit is to reduce or eliminate stormwater pollution and other impacts to surface waters from construction sites.

Construction site activities disturb the land and, when it rains, can create a lot of muddy, polluted stormwater. When this muddy stormwater runs off-site (also known as discharge), it often causes sediment increases and alters the water chemistry in local streams, rivers, wetlands, and lakes. This lowers water quality and often harms the uses that humans, fish, and other wildlife rely upon.

For more details on the 2005 Construction Stormwater General Permit, please read the final permit. A copy is available from Ecology at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/

Which Construction Sites Need to Apply for a Permit?

Construction activities that require this permit are any land disturbing activities such as clearing, grading, excavating, and/or demolition that:

1. Disturb one or more acres of land area

      OR

2. Are "part of a larger common plan of development or sale" that will ultimately disturb one or more acres of land

      And

3. Discharge stormwater from the site into state surface water(s) or into storm drainage systems, which discharge into state waters.

Ecology can also require a permit for any size construction site, if it determines the site is a significant contributor of pollutants to waters of the state.

Construction activities that require a permit also include clearing forested areas, if the clearing is in preparation for construction activities.

There are some exemptions to the permit. Read the full document: How to Meet Ecology's Construction Stormwater General Permit Requirements at http://www.ecy.wa.gov/pubs/9937.pdf  for details.

Who Needs to Apply?

The operator of the construction site must apply for permit coverage. The operator can be either the party with operational control over construction plans and specifications or the party in charge of day-to-day activities related to the Stormwater Pollution Prevention Plan (SWPPP). The operator, also known as the permittee, is responsible for applying and following the terms of the Construction Stormwater General Permit.

All municipal governments must apply for permit coverage for construction projects with one acre or more of disturbed area that discharge stormwater to state waters.

Definitions:

Larger common plan of development or sale:

An area where multiple, separate and distinct construction activities may be taking place on different schedules under one plan. In a larger common plan, the disturbed area of the entire plan is used to determine if a permit is required.  Back to the Top

Surface waters of the state:

include wetlands, ditches, rivers, unnamed creeks, rivers, lakes, estuaries, and salt water. Most construction sites discharge to waters of the state.   Back to the Top

Stormwater Pollution Prevention Plan (SWPPP)

A document that reflects the specific practices, physical structures and plans on the construction site that will prevent discharges of turbid or polluted stormwater to waters of the state. Back to the Top