NPDES Permit For Construction Activities

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Construction activities can include road building, construction of residential houses, office buildings, industrial sites, or demolition.

Land Disturbance means exposed soil due to clearing, grading, or excavation activities.

Larger common plan of development or sale describes a situation in which multiple construction activities are occurring, or will occur, on a contiguous area.

An operator is the person or persons with either operational control of construction project plans and specifications, or day-to-day operational control of activities necessary to ensure compliance with storm water NPDES permit conditions.

Under Phase I, operators were required to obtain permit coverage for construction activity that resulted in a total land disturbance of 5 acres or more or less than 5 acres if they were part of a "larger common plan of development or sale" with a planned land disturbance of 5 acres or greater. Phase II reduces that project size to 1 acre or more.

Construction Permit Requirements:

  1. Develop and submit an electronic copy of a Storm Water Pollution Prevention Plan (SWPPP) along with the NOI for the projects to:

    Stormwater Pollution Prevention Plans for Construction Activities

    1. SWPPP must be retained at the job site from the date of project initiation to the date of final stabilization.
    2. Initial application fee schedule
      1. Projects received prior to January 1, 2010 the application fee is $500.
      2. Projects received after January 1, 2010 with less than 5 acres land disturbance, the fee is $250.
      3. Projects received after January 1, 2010 with 5 acres or more land disturbance, the fee is $750.
  2. Submit a completed Notice of Intent electronically or by mail.
    1. Unless notified by the Agency with a Notice of Incompleteness letter, coverage under the Storm Water General NPDES permit is automatic, and operators are authorized to discharge storm water from construction sites under the terms and conditions of the permit 30 days after the date the NOI is received by the Agency, provided the project has received sign-off from IDNR and IHPA that the project complies with endangered species and historic preservation laws and the appropriate application fee has been received by the Agency.
  3. Submit a completed Notice of Termination (NOT)
    1. The permittee must submit a Notice of Termination (NOT) to the Agency after the land disturbing activities are complete and the site has been finally stabilized. USEPA considers that a site has been finally stabilized when all land disturbing activities are complete and a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been used. The Notice of Termination form is available below.