Draft Construction Stormwater Permit - CA SWRCB Public Hearing on Draft General Permit Reissuance

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Environmental General Counsel LLP

The California State Water Resources Control Board (State Water Board) will hold a virtual public hearing to receive public comments on the proposed reissuance of the Statewide Construction Stormwater General Permit. The hearing will occur remotely:

  • Wednesday, August 4, 2021, 9:00 a.m.

  • Video and teleconference only.

  • No action will be taken at the public hearing.

  • Oral comments must be made at the hearing.

  • Written comments must be received by Friday, August 13, 2021 at 12:00 p.m.

The draft Construction Stormwater General Permit was released to the public on May 28, 2021 and has been the subject of two workshops held by State Water Board staff. The draft permit includes provisions that if adopted by the State Water Board would:

  • Require that construction projects meet any applicable provisions in Total Maximum Daily Loads adopted by Regional Water Boards to limit the discharge of specific pollutants into water bodies;

  • Implement statewide trash policy requirements by prohibiting the discharge of any debris and/or trash from construction sites;

  • Remove bioassessment provisions included in the previous general permit and instead require that certain higher risk sites pay a fee to cover monitoring through the Surface Water Ambient Monitoring Program;

  • Establish new requirements that apply to construction projects’ use of passive treatment technology;

  • Provide that construction stormwater projects that discharge to Areas of Special Biological Significance must meet specific requirements if they have been granted an exception to the California Ocean Plan;

  • Add new Notice of Non-Applicability provisions that apply to construction sites in areas where stormwater discharges to waters that are not hydrologically connected to waters of the United States;

  • Revise sampling and monitoring requirements;

  • Remove the requirement that dischargers have a Rain Event Action Plan and instead incorporate new requirements concerning such things as inspections, documentation and implementation of corrective actions; and

  • Update the Notice of Termination process to streamline the Regional Water Board review process.

EGC attorneys will monitor the reissuance process for the Statewide Construction Stormwater General Permit. 

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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