Draft Connecticut General Stormwater Permit: Stormwater Management/Solar Array Construction Projects

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Connecticut Department of Energy and Environmental Protection (“CDEEP”) issued a draft (proposed):

General Permit for the Discharge of Stormwater Dewatering Wastewaters from Construction Activities (“Permit”)

The draft Permit includes a new Appendix I which is titled:

Stormwater Management at Solar Array Construction Projects

The Appendix I contains several conditions that are solely applicable to solar array projects. CDEEP states that such local exempt projects “differ from traditional construction projects as characterized by potentially a very large amount of contiguous disturbed area at any given time and the provision that sites generating over one megawatt are not subject to municipal land-use Commission review and enforcement, but are instead reviewed by the Connecticut Siting Council as a public utility project.”

The Appendix I requirements include:

  • Measures specifying how effective impervious cover and the Water Quality Volume are determined for the project
  • Dimensions, height, and spacing considerations for the solar panels
  • Additional measures to address varying degrees of slope steepness
  • Maintaining a 100 foot undisturbed buffer adjacent to any water course
  • A requirement for the permittee to conduct a pre-construction meeting with District staff and the qualified professional that designed the project
  • Routine site inspections conducted by a qualified professional whose qualifications are included in the registration
  • Submission of all inspection findings and other reporting to CDEEP electronically
  • Inspection by District staff of the site upon completion of each phase of construction
  • Ensuring District staff conduct the post-construction inspection and final stabilization inspection
  • Certification of the Notice of Termination upon completion of the project
  • Submission of a letter of credit to ensure that upon the potential failure of the project to comply with the permit adequate funds are available to complete and stabilize the site

A link to the draft permit can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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