The State Water Resources Control Board (“Water Board”) is now receiving public comments on its proposed reissuance of the statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General Permit (“Construction Stormwater General Permit”).

I.     Background

The Construction Stormwater General Permit regulates discharges to waters of the United States from stormwater and authorized non-stormwater associated with construction activities that disturb one or more acres of land, or are part of a common plan of development or sale that disturbs one or more acre of land surface.  California’s previous Construction Stormwater General Permit expired in September 2014 but has been administratively extended until a reissued permit is adopted.

II.     Draft Construction Stormwater General Permit

The draft Construction Stormwater General Permit was released by the Water Board on May 28, 2021, following Staff’s preliminary draft released in November 2020 and consideration of public comments raised in public workshops held in December 2020.  The draft Construction Stormwater General Permit incorporates:

  • New requirements to implement existing Total Maximum Daily Loads adopted by Regional Water Boards into applicable Basin Plans;
  • New regulation of passive treatment technology uses and discharges from dewatering activities;
  • New criteria for Notices of Non-Applicability;
  • Efficiency to the existing Notice of Termination process;
  • Requirements to implement the California Ocean Plan and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries, including the 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.

III.     Public Hearings and Comments

The Water Board is hosting two remote public workshops next week:

Public Workshop #1

Wednesday, June 9, 2021, 1:30 p.m. – 5:00 p.m.

Public Workshop #2

Thursday, June 10, 2021, 8:30 a.m. – 12:00 p.m.

Instructions for attendance are provided in the Water Board’s Public Notice.  The Water Board is also holding a remote public hearing to receive public comments on the draft Construction Stormwater General Permit on Wednesday, July 7, 2021 at 9:00am.  Video broadcast will be available at the following link.  Staff will provide a detailed overview of the draft Construction Stormwater General Permit and changes made between the preliminary 2020 draft and current 2021 draft.  The Water Board will accept oral comments and presentations, as well as written comments.  Written comments must be submitted by July 30, 2021.

IV.     For More Information

For more information on how, where, and when to submit comments, please refer to the Water Board’s Public Notice.  Further information on the draft Construction Stormwater General Permit is also available at the Water Board’s Construction Stormwater General Permit reissuance webpage.

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

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.