Frequently Asked Questions - Utah Construction Stormwater Requirements

Navigating stormwater permits can be confusing, especially if you’re new to the process or if requirements vary from project to project.

If you’re involved in construction in Utah, the Utah Pollutant Discharge Elimination System (UPDES) Construction Storm Water Permit is essential for managing stormwater and preventing pollution. Here’s a breakdown of frequently asked questions about this permit, from who needs it to what’s required and how to get one.

A Construction Site

Who Is Required to Get Coverage Under a UPDES Construction Storm Water Permit?

Coverage under a UPDES Construction Storm Water Permit is required for construction projects that disturb one acre or more of land. This permit coverage is essential for any project that may impact local water quality through stormwater runoff, which can carry sediment, pollutants, and debris from construction sites into nearby water bodies.

In addition to projects disturbing an acre or more, even smaller projects may need coverage if they’re part of a Common Plan of Development or Sale that, collectively, will disturb an acre or more. So, if your project is part of a larger development or subdivision, you may still need permit coverage even if your individual lot is smaller than an acre.

In Utah, permit coverage is a little unique. The UPDES has issued two separate construction stormwater permits, the Construction General Permit (CGP) and the Common Plan Permit (CPP).

What are the two UPDES Construction Stormwater Permits and which one do I need coverage under?

Construction General Permit

This permit is for projects that disturb one acre or more of land. Projects that disturb less than one acre but that are part of a larger common plan of development that are NOT single lot residential projects also require coverage under this permit.

Common Plan Permit

This permit is for single lot residential projects that disturb less than one acre of land and are part of a larger common plan of development that was subdivided after 1992.

More information about the two Utah Construction Stormwater Permits can be found at the UPDES website here.

Who Is Considered an Operator for a UPDES Construction Storm Water Permit?

An operator is anyone who has control over construction activities on the site, whether they’re involved in day-to-day operations or overall project planning and design. Operators are responsible for implementing and maintaining the stormwater management practices required by the permit.

Typically, this includes:

• General Contractors: They often manage daily site operations and are directly responsible for managing stormwater controls.

• Developers or Property Owners: If you own the project or have final say on how stormwater controls are implemented, you’re considered an operator.

  
  

Both parties may need to be listed on the permit if they share responsibilities for stormwater management. It’s crucial that everyone involved in site operations understands their role to maintain compliance with permit requirements.

What Is a Common Plan of Development or Sale?

A Common Plan of Development or Sale refers to a single project, often a residential subdivision or commercial complex, which is developed in phases or sections over time.

Even if individual sections or lots are smaller than an acre, the project as a whole is considered under a common plan if the total disturbed area will be an acre or more.

This means if you’re building in a subdivision that’s part of a larger development plan, you may need UPDES permit coverage even if your individual lot is small. This requirement ensures that the combined impact of construction activities is properly managed to prevent pollution.

What Is Required in a UPDES Construction Storm Water Permit?

A UPDES permit requires several elements to ensure that stormwater runoff is controlled and pollutants are minimized. Here’s a quick overview of what’s typically needed:

1. Storm Water Pollution Prevention Plan (SWPPP): This is the backbone of your stormwater management strategy. Your SWPPP outlines the specific Best Management Practices (BMPs) you’ll implement to prevent pollution, including erosion and sediment controls, waste management, and spill prevention measures.

2. Routine Inspections: Regular inspections are required to monitor the effectiveness of BMPs, check for any issues, and ensure compliance. These inspections should be documented as part of your ongoing record-keeping.

3. Employee Training: Training your team on stormwater management practices and the requirements of the SWPPP ensures that everyone understands their role in keeping the site compliant.

4. Record-Keeping: Keeping detailed records of your inspections, training, SWPPP updates, and any corrective actions is essential. These records demonstrate compliance and provide a history of stormwater management on your site.

   
   

How Do I Get a Utah Construction Storm Water Permit?

Obtaining a UPDES Construction Storm Water Permit is a straightforward process if you follow these steps:

1. Develop a SWPPP: Before applying, you’ll need a comprehensive Storm Water Pollution Prevention Plan. The SWPPP outlines how your project will prevent pollutants from leaving the site and contaminating local water bodies.

2. Submit a Notice of Intent (NOI): File a Notice of Intent online through the EPA's CDX Portal. This application provides information about your project, including location, size, and details about stormwater management practices. In order to file, you will need to pay the associated fees. These fees vary based on the size of your project.

3. Receive Authorization to Discharge: Once your NOI application is paid for and submitted, you will receive a permit tracking number and authorization to discharge, allowing you to begin construction while adhering to all permit requirements.

4. Implement and Monitor: Throughout the project, implement the BMPs outlined in your SWPPP, conduct regular inspections, and keep thorough records.

5. Terminate Coverage When Complete: Once construction is finished and your site has been stabilized (meaning no risk of sediment or pollutants leaving the site), submit a Notice of Termination (NOT) to officially close out your permit.