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District of Columbia
- Do I need a stormwater permit? How do I apply?
As of March 10, 2003 in order to discharge stormwater from a construction site, all construction projects that disturb 1 acre or more of land must seek coverage under a National Pollutant Discharge Elimination System (NPDES) general construction permit. There are two applicable permits (in some cases both activities are covered by one permit):
- Large construction activities - disturb five or more acres of land.
- Small construction activities - disturb at least one acre, but less than five acres of land.
Disturbance includes, but is not limited to soil disturbance, clearing, grading, and excavation. Large construction activities are defined as being five or more acres. Operators of sites disturbing less than one acre are also required to obtain a permit if their activity is part of a "larger common plan of development or sale" with a planned disturbance of one acre or greater.
The District of Columbia has not received federal authority to issue construction stormwater permits. As a result, the permitting authority is the US EPA. To apply for coverage under a general permit you must file an application with the your regional US EPA Office (see locator under Where can I find additional stormwater compliance resources?) prior to commencement of your construction activities.
In addition to these rules, you may be required to meet additional local stormwater and erosion control regulations. Check with your city or county government to determine if additional local rules apply to your construction project.
To apply for coverage under the general permit, you must:
- Download a copy of the general permit below to determine if you are eligible for the permit. The text of the permit explains what must be included in your stormwater pollution prevention plan (SWPPP) and what you need to do in order to comply with the permit.
- Determine if you are eligible to use the permit. You will need to document how you determined your eligibility with regard to protection of endangered species, total maximum daily loads, etc. For example:
- The operator must ensure and document that discharges are not likely to jeopardize the continued existence of any Federally-listed endangered or threatened species or result in the adverse modification or destruction of habitat that is Federally-designated as critical under the Endangered Species Act (ESA).
- Determine whether an EPA approved or established TMDL exists that specifically addresses its discharge and if so, take necessary actions to be consistent with the assumptions and requirements of that approved TMDL. To make this determination, the operator will need to (1) determine the waterbody into which it discharges, (2) identify if there is an approved TMDL for that waterbody, (3) determine if that TMDL includes specific requirements (e.g., wasteload allocation or load allocation) applicable to its construction site, and (4) if so incorporate those requirements into the SWPPP and implement necessary steps to comply with them. You can get more information from the Center's TMDL Tool.
- Prepare your stormwater pollution prevention plan (SWPPP) of your eligibility in your SWPPP.
- Fill out an NOI form and submit it to EPA at least seven days before you start construction. You can do this electronically (click here for Electronic Notice of Intent, eNOI).
EPA is also in the process of developing a national regulation (called
an Effluent Limitations Guideline) for the construction and development
industry. Upon completion of the Construction and Development Effluent
Guideline, the Agency will
develop and issue an updated CGP that incorporates the provisions of the
Effluent Guideline as soon as possible, but not later than July 2010.
For more information about the final 2008 CGP and its relationship to
the Effluent Guideline, see Questions and Answers about the Final 2008
CGP (PDF) (2
pp, 68K).
- Where can I find permit application forms and instructions?
- Where can I find a copy of the General Permit?
- Whom should I contact for more information?
SWRL hint: Click on search stormwater.
- Where can I find stormwater training resources?
- Where can I get more information for District of Columbia?
- No Erosion & Sediment Control homepage was found for District of Columbia.
- TMDL Information
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- Where can I find additional stormwater compliance resources?
- Local Government Contacts
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