10.2 SWPPP Components and Permit Notifications

Core Components Required in a Construction SWPPP (EPA CGP Part 7)

Under Part 7 of the EPA Construction General Permit (CGP) (and equivalent state general permits), a CESSWI conducting a pre-construction or routine document audit must verify that the on-site SWPPP contains the following mandatory technical and administrative components:

1. Stormwater Team Identification: A formal roster listing the names, titles, companies, phone numbers, and exact compliance responsibilities of every member of the stormwater team—including the permitted operator representative, day-to-day site superintendent, SWPPP designer, and Qualified Person(s) responsible for conducting inspections.
2. Nature of Construction Activities and Acreage Metrics: A narrative description of the project type (e.g., commercial retail pad, residential subdivision, linear highway corridor), total property acreage, total disturbed acreage over the life of the project, and the maximum acreage disturbed at any one time (which determines whether soil stabilization must be completed within $14\text{ calendar days}$ [$\le 5.0\text{ acres}$ open] or $7\text{ calendar days}$ [$> 5.0\text{ acres}$ open]).
3. Sequence and Estimated Dates of Construction Activities: A chronological schedule linking earth-disturbing milestones to BMP deployment, including initial perimeter barrier installation, phased clearing and grubbing, mass grading, utility trenching, vertical construction, and final stabilization dates.
4. Comprehensive Site Map(s): Detailed engineering plan sheets showing property boundaries, Limits of Disturbance (LOD), pre- and post-construction contours, overland drainage arrows, surface waters and wetlands, mandatory natural buffers, structural and non-structural BMP locations, soil stockpiles, concrete washouts, fueling/chemical storage areas, stabilized construction entrances, and numbered stormwater discharge outfalls.
5. Receiving Waters and Special Protection Status: Identification of all storm sewer systems and surface waters receiving discharges within one mile of the site, explicitly documenting whether any receiving water is listed as impaired under CWA Section 303(d) (especially for sediment, turbidity, Total Suspended Solids [TSS], or nutrients), subject to an approved Total Maximum Daily Load (TMDL), or designated as a Tier 2, Tier 2.5, or Tier 3 (Outstanding National Resource Water) under state antidegradation policies.
6. Natural Buffer Compliance Documentation: For any project located within $50\text{ feet}$ of a Water of the United States (or $100\text{ feet}$ where mandated by state/tribal conditions or sensitive water protections), written documentation demonstrating compliance with one of the three CGP buffer alternatives: (a) maintaining an undisturbed $50\text{-foot}$ natural vegetative buffer, (b) maintaining a buffer narrower than $50\text{ feet}$ supplemented by double-row or enhanced sediment controls that achieve the exact sediment removal equivalency of a $50\text{-foot}$ buffer, or (c) demonstrating that a buffer is infeasible (e.g., bridge abutments, culvert outfalls) and installing full equivalent sediment controls.
7. Descriptions and Standard Details of All BMPs: Technical specifications, installation details, sizing calculations, and maintenance thresholds for all erosion controls, sediment barriers, velocity dissipation devices, dewatering treatment controls (sediment filter bags, weir tanks, chemical flocculation approvals), and pollution prevention measures.
8. Stabilization Procedures and Deadlines: Specific temporary and permanent stabilization methods (seed mixtures, Pure Live Seed rates, mulch application weights, tackifier rates, and Rolled Erosion Control Products) along with documented triggers for initiating stabilization immediately when work ceases for $\ge 14\text{ calendar days}$.
9. Spill Prevention, Response, and Waste Management Procedures: Procedures for preventing and responding to chemical or petroleum spills, including emergency contact numbers (such as the National Response Center at 1-800-424-8802 if an oil discharge causes a visible sheen, film, or discoloration on surface water under 40 CFR Part 110), concrete washout containment, masonry/paint waste handling, dumpster cover rules, and portable sanitary facility anchoring.
10. Inspection, Monitoring, and Corrective Action Protocols: The declared inspection frequency (weekly 7-day cycle vs. bi-weekly 14-day + $0.25\text{-inch}$ rain cycle, or heightened sensitive-water cycle), turbidity benchmark monitoring procedures for dewatering discharges, and blank/completed Inspection Reports and Corrective Action Logs.
11. Signed Certifications and Permit Appendices: Executed corporate signatory pages, written Delegation of Authority letters, subcontractor certifications, a complete copy of the NPDES General Permit, the certified Notice of Intent (NOI) and agency authorization letter, and Endangered Species Act (ESA Section 7) and National Historic Preservation Act (NHPA Section 106) eligibility documentation.

Required Certifications, Delegations, and Permit Notifications

Signatory Authority vs. Duly Authorized Representative (40 CFR § 122.22)

Federal NPDES regulations under 40 CFR § 122.22 establish a strict two-tier legal hierarchy governing who may sign initial permit applications and SWPPP certifications versus who may sign routine field inspection reports.

The Four Key NPDES Permit Notifications

A CESSWI must verify the timing, eligibility criteria, and closeout standards for four primary regulatory notifications:

1. Notice of Intent (NOI): The formal application submitted by the operator(s) to obtain coverage under a General Permit (submitted electronically via EPA's NeT-CGP portal in non-delegated jurisdictions). Under the federal EPA CGP, submitting a complete NOI initiates a mandatory 14-calendar-day waiting period for public notice and agency screening (including USFWS/NMFS endangered species review). Zero earth-disturbing activity may occur until the 14-day waiting period expires and coverage is active.
2. Low Erosivity Waiver (LEW): An exemption from full CGP coverage available exclusively for small construction activities disturbing at least $1.0\text{ acre}$ and strictly less than $5.0\text{ acres}$ ($1.0 \le \text{Acres} < 5.0$) where the calculated RUSLE Rainfall Erosivity Factor ($R$) is strictly less than $5.0$ ($R < 5.0$) over the entire construction duration from initial ground disturbance through final stabilization. Sites disturbing $5.0\text{ acres}$ or more can never qualify for an LEW regardless of how dry the climate is. If construction extends past the scheduled completion date and the recalculated $R$-factor reaches $5.0$ or higher, the waiver is voided and the operator must prepare a full SWPPP and file an NOI.
3. No Exposure Certification (NEC): A conditional exclusion under 40 CFR § 122.26(g) and the Industrial Multi-Sector General Permit (MSGP) available to industrial facilities across all regulated industrial sectors (except construction, which is never eligible for an NEC) where all industrial materials, raw stock, loading docks, waste containers, and manufacturing activities are permanently sheltered indoors or under a storm-resistant roof/cover with zero exposure to rain, snow, snowmelt, or run-on/runoff. An NEC must be recertified once every 5 years.
4. Notice of Termination (NOT): The formal filing that closes NPDES permit coverage and ends mandatory inspection duties. Under the EPA CGP, the operator must submit an NOT within 30 calendar days after satisfying one of the permit termination conditions—most commonly achieving Final Stabilization, which requires:
   • All earth-disturbing construction activities have permanently ceased;
   • All unpaved disturbed areas have established a uniform perennial vegetative cover with a density of at least $70\%$ of the native, undisturbed background vegetative density (e.g., if undisturbed native rangeland is $50\%$ vegetated, the site requires $0.70 \times 50\% = 35\%$ uniform perennial cover), or equivalent permanent non-vegetative armoring (riprap, pavement, gravel) has been installed;
   • All temporary erosion and sediment control BMPs (silt fences, fiber rolls, inlet protection bags, temporary sediment traps) have been completely removed and any soil disturbed during their removal has been stabilized; and
   • All construction equipment, temporary staging facilities, and waste containers have been removed from the site.