Construction Stormwater: CA SWRCB Releases Preliminary Staff Draft General Permit Reissuance

By Dorothy (Dee Dee) Dickey

On November 30, 2020, the California State Water Resources Control Board (State Water Board) staff issued a preliminary staff draft of the Statewide Construction Stormwater General Permit reissuance.

The preliminary staff draft Statewide Construction Stormwater General Permit reissuance includes preliminary revisions that are intended to incorporate:

· New requirements to implement Total Maximum Daily Loads;

· New regulation of passive treatment technology uses and discharges from dewatering activities;

· Updated criteria for Notices of Non-Applicability;

· Efficiency to the existing Notice of Termination Process;

· Requirements to implement the California Ocean Plan, the Inland Surface Waters Plan and statewide trash provisions;

· Updated water quality sampling requirements per the federal Sufficiently Sensitive Test Methods Rule; and

· Updating monitoring and reporting requirements.

State Water Board staff will hold two virtual public workshops about the preliminary staff draft:

· Wednesday, December 9, 9:00 a.m. – 12:30 p.m.

· Monday, December 14, 12:30 p.m. – 4:00 p.m.

To register for or view the workshops, use this link.

The workshops are intended to:

· Provide stakeholders and interested parties with information about the preliminary staff draft general permit, and

· Allow stakeholders and interested parties to provide feedback to staff.

The State Water Board staff will take notes at the workshop and will consider public feedback in development of the preliminary staff draft prior to the official comment period. Although no evidence or formal written or oral comments will be accepted at the public December 2020 workshops on the preliminary staff draft, the notice states that there will be a formal notice and written comment period at a later date on an official draft of the Statewide Construction Stormwater General Permit reissuance. There will also be a State Water Board hearing to receive oral comments on that official draft.

EGC attorneys will monitor the Statewide Construction Stormwater General Permit Reissuance process. For questions about the process or about how proposed changes to the General Permit may affect a particular site please contact one of the firm’s attorneys.

Dee Dee is a Partner at Environmental General Counsel LLP. She specializes in environmental matters involving water quality. As an attorney for the State Water Resources Control Board she served as co-counsel to the San Francisco Bay Regional Water Quality Control Board for over ten years. She advised Board members, management and staff on legal issues related to all aspects of the Board’s work.


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