On November 30, 2020, State Water Resources Control Board (State Water Board) staff released a preliminary staff draft of the Statewide Construction Stormwater General Permit (Preliminary Draft General Permit).  In conjunction with its release of the Preliminary Draft General Permit, State Water Board staff also announced that they will hold two public workshops regarding the preliminary staff draft.  According to the Public Notice, the workshops are intended to: (1) provide stakeholders and interested parties information regarding the preliminary draft General Permit, and (2) allow stakeholders and interested parties to provide feedback to staff.

The Preliminary Draft General Permit includes:

  • New requirements to implement existing Total Maximum Daily Loads;
  • New regulation of passive treatment technology uses and discharges from dewatering activities;
  • Updated criteria for Notices of Non-Applicability;
  • Efficiency to the existing Notice of Termination process;
  • Requirements to implement the California Ocean Plan, the Inland Surface Waters Plan, and statewide Trash provisions;
  • Updated requirements for demolition activities;
  • Updated water quality sampling requirements per the federal Sufficiently Sensitive Test Methods Rule; and
  • Updated monitoring and reporting requirements.

The virtual workshops regarding the Preliminary Draft General Permit are scheduled on:

  • Workshop #1 – Wednesday, December 9, 2020: 9:00 a.m. – 12:30 p.m.
  • Workshop #2 – Monday, December 14, 2020: 12:30 p.m. – 4:00 p.m.

Registration for these workshops is available via the following links: Workshop 1 and Workshop 2.  For those interested in watching and not participating, the workshops will be available at the CalEPA Public Meeting Live Webcasts page at the following link.

According to the Public Notice, no evidence or formal written or oral comments will be accepted at the public workshops.  Staff will, however, be considering feedback in development of the Preliminary Draft General Permit.  There will be a formal notice and written comment period for the official draft Statewide Construction Stormwater General Permit reissuance, as well as a State Water Board hearing to receive oral comments, at a to-be-determined date.  The State Water Board will not prepare a formal response to feedback on the Preliminary Draft General Permit. Additional information on the workshops is available on the State Water Board’s website.

Stoel’s California Water Quality practitioners will continue to monitor developments with respect to the adoption of the Draft General Permit.  We will report on those developments here in the California Environmental Law Blog.  If you may be subject to terms of the Preliminary Draft General Permit, we recommend that your attend one of the upcoming virtual workshops.

If you have questions regarding water resources or the potential effect of State Water Board actions on your facility, or other environmental, compliance, reporting, or permitting requirements, please contact our California water quality attorneys.

Photo of Melissa Foster Melissa Foster

Melissa Foster, a partner in Stoel Rives’ Environment, Land Use and Natural Resources group in its Sacramento office, focuses her practice on energy facility siting and environmental compliance and is an active member of the firm’s Energy Initiative. Her experience includes permitting…

Melissa Foster, a partner in Stoel Rives’ Environment, Land Use and Natural Resources group in its Sacramento office, focuses her practice on energy facility siting and environmental compliance and is an active member of the firm’s Energy Initiative. Her experience includes permitting natural gas-fired and solar energy facilities, as well as regulatory compliance and permitting involving water quality issues. She also has experience with CEQA, environmental and real property litigation.

Photo of Mike Mills Mike Mills

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and…

Mike Mills is a partner and chair of the firm’s Oil & Gas, Pipelines and Mining Industry Team.  Oil & gas, as well as mining companies, look to Mike to skillfully advise them on natural resources development issues, counsel them on federal and state hazardous waste cleanup matters, and help them successfully navigate property tax valuation disputes. When necessary to protect his clients’ interests, Mike relies on his understanding of complex regulatory matters and his clients’ businesses to defend them in environmental litigation, defeat citizen suit claims, and reduce or eliminate fines and penalties. He has been listed in Northern California Super Lawyer® since 2013 in Environmental Law and Energy & Natural Resources.

Photo of Elizabeth Ewens Elizabeth Ewens

Elizabeth Ewens, a water resources attorney in Stoel Rives’ Environment, Land Use and Natural Resources group, emphasizes the preservation and defense of water rights, and water right management and regulation. Elizabeth has represented public agencies, State Water Project contractors, and private individuals and…

Elizabeth Ewens, a water resources attorney in Stoel Rives’ Environment, Land Use and Natural Resources group, emphasizes the preservation and defense of water rights, and water right management and regulation. Elizabeth has represented public agencies, State Water Project contractors, and private individuals and entities in complex water resources litigation in the western U.S. involving both surface and groundwater rights. Her practice also includes representing clients in state and federal administrative, trial court, and appellate proceedings, and representing clients in mediations and dispute resolution proceedings to achieve negotiated solutions to complex water issues.

Photo of Lauren Neuhaus Lauren Neuhaus

Lauren Neuhaus is an associate in Stoel Rives’ Environment, Land Use & Natural Resources group. Lauren combines her academic background and work experience in environmental law and policy to effectively serve clients with environmental permitting, compliance, and enforcement matters.