This can facilitate reimbursement if the contractor causes damage to your property and may cover any damages they create to your home. Construction Activity (CGP) FAQ WebStep 1: SCALE up or down the base policy coverage. trailer <]/Prev 148253/XRefStm 1415>> startxref 0 %%EOF 894 0 obj <>stream Re-grading and re-graveling a gravel parking lot or equipment pad is site maintenance and not construction. Electronic access, using hardware and software available at the site, to required permit records via electronic storage at the site, or via direct access to an electronic system of records stored elsewhere, including legacy systems that have been migrated to a current system, provided that the location of the original record is within the United States. Waivers from electronic reporting may be granted based on one of the following conditions: If your operational headquarters is physically located in a geographic area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission; or. New Yorks Housing Stability and Tenant Protection Act of 2019 All disturbed For a partnership or sole proprietorship: A general partner or the proprietor, respectively. Plus, we Contact EPA with CGP-related questions and comments at cgp@epa.gov. Oil and gas construction activities are exempt from the requirement to obtain NPDES permit coverage unless the facility meets one of the conditions in 40 CFR 122.26(c)(1)(iii) noted below. can be considered as separate common plans. When is my permit coverage effective? Sediment can also accumulate in rivers, lakes, and reservoirs, leading to the need for dredging or other mitigation to prevent reduced water storage or navigation capacity. Technology Coordination. Figure 2 shows how erosion rate decreases as the soil is covered by vegetation. Recordkeeping technology is a rapidly changing field. As long as they still meet their obligations under the CWA, nothing in the Act precludes a state from adopting or enforcing requirements that may be more appropriate to address discharges in their state or are more stringent or extensive than those required under NPDES regulations. The definition for construction activity does not refer to activities such as interior remodeling, completion of interiors of structures, etc. SAFECO HOMEOWNERS POLICY Table of Contents indicating construction activities may occur on a specific plot. An NOI for a general permit is notice to the NPDES permitting authority (EPA in this instance) of the operators intent to be covered under the general permit. States often specify minimum training requirements along with the various trainings, certifications, and accreditations available through private organizations. Land Stabilization. If the EPA Regional Office gives you approval to submit a paper NOI modification, you may indicate any NOI changes on the same NOI form in Appendix J in the permit. However, EPA recognizes that operators of linear construction sites may have difficulty in fully complying with each of the compliance alternatives due to site constraints (i.e., operators of linear construction sites may not be able to provide the full 50-foot naturally vegetated buffer width). EPA provides an example for how this calculation could be done in Attachment 3 of Appendix G in the permit (see Example 2). RESIDENTIAL You are considered provisionally covered under the terms and conditions of this permit immediately, and fully covered 14 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization is delayed or denied. Although states may issue permit requirements that differ from EPAs, the Agency recognizes that many state-issued permits follow EPAs permit and content. 0000033502 00000 n Also in effect is the provision added to the CWA in accordance with Section 323 of the Energy Policy Act of 2005 defining the term oil and gas exploration, production, processing, or treatment operations or transmission facilities to mean all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activity. See 33 U.S.C. If you believe there is a potential for a discharge, EPA recommends that you apply for permit coverage before any potential discharge occurs. Ensure they have insurance coverage. The Construction and Development Effluent Limitation Guidelines and New Source Performance Standards require construction sites to provide and maintain natural buffers around Waters of the U.S. (40 CFR 450.21(a)(6)) and minimize sediment discharges from the site (40 CFR 450.21(a)(5)), which EPA implements in the CGP in Parts 2.2.1 and 2.2.3. EPA notes that it may change this guidance at any time, based upon experience with electronic recordkeeping, or any other new information or considerations. Subcontractors generally are not considered operators for the purposes of this permit. Read reviews, examine images of their previous work, or ask dependable friends and family members for referrals. For example, a university or an airport may have a long-range development concept for their property, with future development based largely on future needs and availability of funding. An NOI typically contains basic information about the site and the proposed discharge. By the end of April, Indias population is expected to reach 1,425,775,850 people, with projections indicating further growth for several decades more, the UN said.. Thats slightly higher than Chinas global record of 1.4 billion in 2022. Sites that disturb 5 acres or less total must complete stabilization within a 14-calendar day timeframe, which is the same timeframe that applied to sites in the 2012 CGP. The party that meets the first part of the definition of operator (the party that has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications) in most cases will be the owner of the site. For example, construction of roads or buildings in different parts of a state, city, military base, university campus, etc. Irrigation Equipment (Collapse) Adds collapse coverage for defined irrigation equipment. Seawall and Shoreline Erosion WebInfluence of Vegetation and the Impact of Rain on Soil. If someone files a lawsuit against you, it will also help to cover your legal fees. If you have limitations regarding available computer access or computer capability. "Construction activity" also does not include routine earth disturbing activities that are part of the normal day-to-day operation of a completed facility (e.g., daily cover for landfills, maintenance of gravel roads or parking areas, landscape maintenance) nor activities under a state or federal reclamation program to return an abandoned facility property to an agricultural or open land use (as opposed to demolition of something in order to build something new). EPAs current definition for qualified person is written broadly to allow flexibility for the multiple types of projects covered under the CGP. It also slows runoff, reduces sheet erosion, and anchors and reinforces the soil with its root system. Waivers from electronic reporting may be granted as specified in Part 1.4.2. An incomplete NOI delays permit coverage until such time as the NOI has been completed and the applicable waiting period has passed (i.e.,14 days for the EPA CGP). 40 CFR 122.26(c)(1)(iii) The operator of an existing or new discharge composed entirely of storm water from an oil or gas exploration, production, processing, or treatment operation, or transmission facility is not required to submit a permit application in accordance with paragraph (c)(1)(i) of this section, unless the facility: Has had a discharge of storm water resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 117.21 or 40 CFR 302.6 at any time since November 16, 1987; or, Has had a discharge of storm water resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 110.6 at any time since November 16, 1987; or. COVERAGE The requirements in the C&D rule include a suite of non-numeric effluent limitations that apply to all permitted construction sites. The Code of Maryland Regulations (COMAR) 26.17.01 was promulgated to protect valued natural resources Stabilization requirements are found in the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control. An official website of the United States government. However, where only a small portion of the original common plan of development remains undeveloped and there has been a period of time where there are no ongoing construction activities (i.e., all areas are either undisturbed or have been finally stabilized), you can re-evaluate your individual project based on the acreage remaining from the original common plan. The U.S. Department of Agriculture (USDA) has technical and financial assistance available to help farmers and livestock producers recover from these adverse Final Stabilization | SCDHEC For example, any changes to an electronic record are automatically and indelibly recorded in a logically associated (i.e., cryptographically bound) audit trail that records each change made without obscuring the data to which the modification is made or its antecedents. Secure .gov websites use HTTPS Unlocking ecosystem based adaptation opportunities in coastal Where there are multiple operators associated with the same project, all operators must obtain permit coverage. HO3 vs HE7 vs HE 7/21 NC Homeowners Insurance Comparison Ditch Bank Stabilization Techniques The CGP includes requirements to protect impaired waters that receive construction site stormwater discharges. The NPDES program is a federal permitting program under the authority of the Clean Water Act (CWA) that establishes controls on point source discharges of pollutants to waters of the United States. 0000015186 00000 n When there is a change to the sites operator, a new NOI will must be submitted by the new operator, and the previous operator must submit a Notice of Termination (NOT) form as specified in Part 8.3. If audit trail technology is not feasible, iterative copies of electronic documents may be kept. Shoreland Information for Property Owners When Does Homeowners Insurance Pay for Legal Fees The permit requires operators of linear construction sites to retain as much natural buffer as feasible, and/or to the extent feasible provide supplemental erosion and sediment controls in the buffer area. Applying daily cover at a landfill is simply part of operating a landfill and not construction. Contact your permitting authority if additional clarity is needed. The following factsheets in this guide provide additional information. WebAs part of the Ohio Department of Transportations (ODOTs) ongoing effort to solve engineering problems for the Ohio transportation system through research, The Ohio State University has undertaken a study entitled Bioengineering for Land Stabilization under the direction of Professor Patrick J. Effective 6/14/19. Final non-vegetative stabilization means that non-vegetative stabilization methods have been implemented to provide effective cover for exposed portions of the site. For example, if a project has contiguous disturbances or disturbances that are part of a common plan of development or sale that occur both in the State of New Mexico and the State of Arizona, and the disturbances will total an acre or more of land and will result in the discharge of pollutants through stormwater in both states, the operator of the project will need coverage under an EPA-issued stormwater permit (e.g., the CGP) for the disturbances in New Mexico and, if required by the State of Arizona, an Arizona-issued stormwater permit (even if the portion of the project in EPAs jurisdiction is less than an acre). If the EPA Regional Offices gives you approval to use a paper NOI, and you elect to use it, you must complete the form in Appendix J of the permit. Some of the factors you might consider include: more stringent local development requirements and/or building codes; precipitation patterns for the area at the time the project will be underway; soil types; slopes; layout of structures for the site; sensitivity of nearby waterbodies; safety concerns of the stormwater controls (e.g., potential hazards of water in stormwater retention ponds to the safety of children; the potential of drawing birds to retention ponds and the hazards they pose to aircraft); and coordination with other site operators. For example, re-grading a dirt road or cleaning out a roadside drainage ditch to maintain its "as built" state is road maintenance and not construction. As a subcontractor, it is unlikely you would need a permit. The deadline for sites discharging to sensitive waters remains unchanged (within 7 calendar days), and the exceptions for sites in arid, semi-arid, and drought-stricken areas and for operators affected by circumstances beyond their control also remain unchanged. Under the 2017 CGP, SWPPPs, inspection reports, and corrective action reports may be prepared, signed, and kept electronically if the records are: (a) in a format that can be read in a similar manner as a paper record; (b) legally dependable with no less evidentiary value than their paper equivalent; and (c) accessible to the inspector during an inspection to the same extent as a paper copy stored at the site would be, if the records were stored in paper form. You may also have an obligation to the relevant state/tribe concerning discharges to ground water or impoundment of runoff (e.g., water rights). To provide maximum flexibility for operators, EPA developed buffer compliance alternatives in the CGP. EPA confirmed that cationic chemicals have been found to be acutely toxic to some species. For example, the buffer requirements would not apply if a waterfront promenade completely occupied the 50-foot buffer area. All of the above applies equally to the 2017 CGP. Hillsborough The operator must also submit a Notice of Intent, which provides certification that the eligibility requirements have been met and that permit requirements will be complied with. USDA Offers Disaster Assistance to Agricultural Producers 0000001136 00000 n If total land disturbance at any one time is subsequently reduced to 5 acres or less, the deadline to complete stabilization will return to within 14 calendar days. Construction General Permit (CGP) Frequent Questions In the 2017 EPA CGP, you can terminate permit coverage as soon final stabilization has been achieved on all areas not covered by permanent structures for which you had control over during construction, provided you have met the other requirements for terminating coverage. While infrequent, an insurance company may require you to have this testing done prior to granting you coverage, under certain circumstances. Compliance with all CGP requirements, including the inspection requirements, begins on the effective date of coverage. Operators that plan to use cationic treatment chemicals are only eligible for coverage under the CGP if site-specific EPA authorization is provided; otherwise, an individual permit is required in order to use such chemicals associated with a discharge of pollutants to waters of the United States. The enforcement of any ordinance or law: (1)Regulating the construction, use or repair of any property; or. Webcoverage. (See 40 CFR 450.21.) FAQ about Permit Requirements of the SPDES General Permit See CWA section 502 and 40 CFR 122.2 for complete definitions of point source. 0000012415 00000 n For this reason, EPA has provided a more flexible alternative to the buffer compliance alternatives in the CGP. A principal executive officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA). Webstabilization. The 2017 CGP maintains the specificity added in the 2012 CGP to the C&D rule buffer requirement to ensure consistent implementation where EPA is the permitting authority. Each operator for a site must submit one NOI to cover the areas of the site that are under his/her control. You must also look in Part 9 of the permit to determine if copies of the NOI form must be sent to a state or Indian tribe. 2. The intent of this approach is to provide an incentive to disturb less land at any given period of time by providing longer stabilization timeframes if the disturbance is kept below a threshold level. While the In other words, this is the expected Under the CGP, inspections are only required during a projects normal working hours. WebSlope stabilization and erosion control are required to maintain our existing land masses that are being impacted by wind, rainfall, river flows, beach waves and soil movement. If operational control changes, the old operator must submit an NOT and the new operator must submit an NOI before taking over operational control. For example, an original common plan of development for a residential subdivision might lay out the streets, house lots, and areas for parks, schools and commercial development that the developer plans to build or sell to others for development. 0000010275 00000 n By the end of April, Indias population is expected to reach 1,425,775,850 people, with projections indicating further growth for several decades more, the UN said.. Thats slightly higher than Chinas global record of 1.4 billion in 2022. For more information about the potential need for permitting of oil and gas construction activities, see the. Note that there are situations in which construction activities can be waived or excused from the requirement to obtain NPDES permit coverage (see related Q&A below). Some homeowners policies will cover for land stabilization As is the case with large construction sites, erosion and sediment control at small construction sites is best accomplished with proper planning, installation, and maintenance of controls. No. Best Plants for Erosion Control Only the interconnected parts of single project would be considered to be a common plan (e.g., a building and its associated parking lot and driveways, airport runway and associated taxiways, a building complex).