Construction stormwater general permit history

2015 permit documents

• Modified Permit (effective May 5, 2017 to Dec. 31, 2020)
• Final Permit (previously effective Jan. 1, 2016 through May 5, 2017)
• Fact Sheet
• Public Comments / Response to Comments 
  • All Public Comments
• Economic Impact Analysis
• Appeal (Nov. 8, 2015, went into effect Jan. 1, 2016)
• Settlement Agreement (Oct. 27, 2016)
• Dismissal Order (March 27, 2017)
• Fact Sheet Addendum with Response to Comments for the CSWGP Modification (March 22, 2017)
  • All Appeal Comments Provided

Construction Stormwater General Permit (CSWGP) guidance

A condition of the 2015 appeal settlement was to provide the following guidance: 

Protection of Low Impact Development (LID) facilities under Special Condition S9.D.13.

• LID best management practices (BMPs) may be used to manage construction stormwater during construction; however, LID BMPs that will be used post-construction (permanent facilities) must be restored to fully functioning condition. This includes, if necessary, the removal of sediment and replacing the removed soils with soils meeting the design specification. In addition, infiltration rates must be maintained or restored to meet post-construction LID design criteria.

Coverage of offsite areas under Special Condition S1.B.1.a.

• The determination of total disturbed acreage for the purposes of permit coverage must include off-site acreage that will be disturbed as a direct result of the construction project and will discharge stormwater. For example, off-site equipment staging yards, material storage areas, borrow areas, and parking areas as indicated in S1.C.2. Off-site acreage does not have to be included for the purposes of determining total acreage disturbed if it is covered under a separate permit coverage for any stormwater discharge.

2010 permit documents

• Construction Stormwater General Permit (Jan. 1, 2011)
• Fact Sheet
• Response to Comments