Construction Generic Permit 0
Construction Generic Permit 0
For
This permit is issued under the provisions of Section 403.0885, Florida Statutes, and
applicable rules of the Florida Administrative Code pursuant to the Department’s
federally-approved National Pollutant Discharge Elimination System (NPDES)
stormwater regulatory program. Stormwater discharge associated with large construction
activity, as defined at 40 C.F.R. Part 122.26(b)(14)(x) and herein, is regulated pursuant
to Section 402(p)(2) of the federal Clean Water Act (CWA). Stormwater discharge
associated with small construction activity, as defined at 40 C.F.R. 122.26(b)(15) and
herein, is regulated pursuant to Section 402(p)(6) of the CWA. This permit constitutes
authorization to discharge stormwater associated with large and small construction
activities to surface waters of the State, including through a Municipal Separate Storm
Sewer System (MS4). Until this permit is terminated, modified or revoked, permittees
that have properly obtained coverage under this permit are authorized to discharge to
surface waters of the State, including through an MS4, in accordance with the terms and
conditions of this permit.
TABLE OF CONTENTS
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This Document Constitutes Your Permit
PART 1: PERMIT
COVERAGE
Do I need this permit for my
project?
1.3 If I obtain the CGP, do I still need an Environmental Resource Permit (ERP)
or other permit?
Obtaining coverage under the CGP does not relieve you of the requirement to obtain an
Environmental Resource Permit (ERP). If an ERP is required then contact the
Department, the appropriate water management district, or a delegated local program for
more information. You may also need to obtain other required permits from federal,
state, or local governments.
2.3 Where can I obtain and file my NOI and permit fee?
2.3.1 You can submit your NOI and payment electronically through the Department
business portal at http://www.fldepportal.com/go/. Permit fees must be paid by
check, credit card or debit card.
2.3.2 Alternatively, you can submit a paper copy of your NOI by downloading the form
at: http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm and
submitting it, along with your permit fee, to the Notices Center.
3.4 Can I discharge water from groundwater dewatering operations under this
permit?
3.4.1 The CGP authorizes the discharge of uncontaminated ground water.
3.4.2 If your project site is uncontaminated, in accordance with Part 3.4.3 below, you
are authorized under the CGP to discharge uncontaminated groundwater
resulting from construction-related dewatering operations. To obtain this
authorization, you must complete Part VI of the NOI. The operator is responsible
for ensuring the groundwater is uncontaminated.
3.4.3 An uncontaminated site must meet the following conditions:
The property is either (a) not identified as a contaminated site and there is no
identified contaminated site within 500 feet, or (b) it is identified as a
contaminated site, but DEP documentation confirms that the contamination has
been remediated or the pollutants of concern from the contaminated site are not
present in groundwater at the project site at concentrations equal to or greater
than the surface water criteria in Rule 62-302.530, F.A.C.
3.4.4 Documentation that the project site is uncontaminated must be kept at the project
site with the SWPPP.
3.4.5 Appropriate dewatering BMPs shall be implemented to ensure that
discharges from dewatering operations do not cause or contribute to
violations of water quality standards. (See Part 5.8.) The BMPs must be
included in the Dewatering Section of the SWPPP.
3.4.6 Discharges from dewatering operations must:
a) Not include visible floating solids or foam;
b) When feasible, discharge onto vegetated upland areas of the site
where the water can infiltrate. As an alternative, the water can be
discharged into the permitted stormwater system serving the project
site.
3.5 What if I suspect the discharge from dewatering operations are from a
contaminated site?
3.5.1 If a discharge from dewatering operations causes or contributes to a water
quality violation, the permittee shall contact the Department. This permit
only authorizes the discharge of uncontaminated groundwater. A site that
does not meet the conditions of 3.4.3 may qualify for coverage under Rule
62-621.300(1), F.A.C., or under an individual wastewater permit on the
appropriate form listed in Rule 62-620.910, F.A.C.
3.5.2 Coverage under this permit may be suspended, revoked and reissued, or
terminated in accordance with Rule 62-620.345, F.A.C., if the Department
determines that there has been a violation of any of the terms or conditions
of the permit, there has been a violation of state water quality standards or
the permittee has submitted false, incomplete or inaccurate data or
information.
PART 4: STORMWATER
POLLUTION PREVENTION
PLAN (SWPPP)
How do I develop my
stormwater pollution
prevention plan?
4.4 Where do I keep my SWPPP and other records and how long do I have to
retain them?
4.4.1 Keep all of these records at the construction site, or at an appropriate alternative
location as specified in the NOI.
4.4.2 You must maintain a site log notebook or computer file folder that contains
copies of the NOI, the acknowledgement letter granting coverage, your SWPPP,
all your inspections reports, records, and all notifications from the Department
concerning your site.
4.4.3 Keep all of these records for three years from the date that the site has reached
final stabilization and the Notice of Termination (NOT) is submitted.
6.4 If the inspection identifies needed corrective actions, when must they be
accomplished?
Based on the results of the inspection, all corrective actions needed to assure proper
operation of all controls identified in your SWPPP or to ensure that the requirements of
the permit are met must be done in a timely manner, but in no case later than 7 calendar
days following the inspection or identification of the issue. If needed, you must revise
your SWPPP and modify your controls in a timely manner, but in no case later than 7
calendar days following the inspection or identification of the issue. (See Part 4.4)
6.5.3 If construction activity resumes in this portion of the site at a later date, the
inspection frequency immediately returns to the frequency required by this permit
under Part 6.1. You are at all times responsible for ensuring that your temporary
stabilization methods are in compliance with permit conditions.
6.5.4 If at any time after you suspend construction activities you determine the site will
not resume activities during the term of your permit coverage, you must achieve
Final Stabilization and file a Notice of Termination. During that intermediate
period of time all terms of this permit will apply.
7.1 What must I do when my project is complete or I no longer need the permit
coverage?
Within 14 calendar days after your site has achieved final stabilization and all discharges
authorized by this permit are eliminated or are authorized under a separate NPDES
permit, you must submit a completed Notice of Termination (NOT) form.
7.1.1 All dewatering discharges authorized by this permit have ceased.
7.1.2 All construction activity discharges authorized by this permit have ceased.
Elimination of stormwater discharges associated with construction activity means that all
disturbed soils at the site have been final stabilized, that temporary erosion and
sediment control measures have been removed or will be removed at an appropriate
time, and that all stormwater discharges associated with construction activity from the
site that are authorized by the CGP have been eliminated.
7.2 Can I transfer the CGP following a sale or transfer of project operation?
Coverage under the CGP is not transferable. The new owner/operator will need to
complete a SWPPP and submit a new NOI and processing fee. You need to end the
current permit coverage by submitting a Notice of Termination (NOT) within 14 calendar
days of relinquishing control of the project to a new owner/operator. It is the
responsibility of the new owner/operator to obtain coverage before the NOT is submitted.
DEFINITIONS
8.1 "Best Management Practices" or "BMPs"
Schedules of activities, prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of surface waters. BMPs also
include treatment requirements, operating procedures, and practices to control site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material
storage. BMPs also include sediment and erosion controls, stabilization measures, and
pollution prevention controls as described in: State of Florida Erosion and Sediment
Control Designer and Reviewer Manual, FDOT and FDEP (2013)
http://www.stormwater.ucf.edu/publications/2013RevisedDesignerManual.pdf, or from
http://www.flrules.org/Gateway/reference.asp?No=Ref-04227.
8.12 "Groundwater"
Means water beneath the surface of the ground within a zone of saturation, whether or
not flowing through known and definite channels.
8.13 "Large Construction Activity"
Construction activity that results in the disturbance of five or more acres of total land
area. Large construction activity also includes the disturbance of less than five acres of
total land area that is part of a larger common plan of development or sale that will
cumulatively disturb five acres or more.
8.18 "NPDES"
The Department’s federally-approved National Pollutant Discharge Elimination System
program authorized by Section 403.0885, F.S.
8.20 "Operator"
The person, firm, contractor, public organization, or other legal entity that owns or
operates the construction activity and that has authority to control those activities at the
project necessary to ensure compliance with the terms and conditions of this permit.
8.24 "Stabilization"
The use of vegetative and/or non-vegetative cover BMPs to prevent erosion and
sediment loss in areas exposed through the construction process.
8.26 "Stormwater"
The flow of water which results from, and which occurs immediately following, a rainfall
event.
8.29 "SWPPP"
The Stormwater Pollution Prevention Plan - A site-specific, written document that,
among other things: (1) identifies potential sources of stormwater pollution at the
construction site; (2) describes stormwater control measures to reduce or eliminate
pollutants in stormwater discharges from the construction site; and (3) identifies
procedures the operator will implement to comply with the terms and conditions of this
general permit.
8.30 "Surface Waters of the State"
Those surface waters, including wetlands that are described in section 403.031, F.S.
8.32 "Uncontaminated"
A discharge that does not cause or contribute to an exceedance of applicable water
quality standards.
OTHER ACRONYMS
Any permit noncompliance constitutes a violation of Section 403.161, F. S. and is grounds for
enforcement action; for permit coverage termination, or revocation; or for denial of permit
coverage renewal.
For unauthorized releases or spills of treated or untreated wastewater reported that are in
excess of 1,000 gallons per incident, or where information indicates that public health or the
environment will be endangered, the operator must notify the State Warning Point (800-320-
0519 or 850-413-9911) as soon as practical but no later than 24 hours from the time the
permittee becomes aware of the discharge.
All of the general conditions listed in Rule 62-621.250, F.A.C., are adopted herein by reference.