Draft Construction Stormwater Permit

CA SWRCB Public Hearing on Draft General Permit Reissuance

By Dorothy (Dee Dee) Dickey

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. 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 Board for over ten years. She advised Board members, management and staff on legal issues related to all aspects of the Board’s work.