CPESC Permit Requirements 3 — Questions and Answers
Question 1: Which entity typically administers the NPDES Construction General Permit in states with EPA-authorized programs?
- The U.S. Army Corps of Engineers
- The state environmental agency (Correct answer)
- The local municipality
- The Federal Highway Administration
Correct answer: The state environmental agency
In states with EPA-authorized programs, the state environmental agency administers and issues NPDES permits, including the Construction General Permit.
Question 2: What does 'final stabilization' mean in the context of NPDES permit termination?
- At least 50% of the site is covered with temporary mulch
- All soil-disturbing activities are complete and uniform vegetative cover of at least 70% has been established (Correct answer)
- The site grading plan has been approved by the engineer
- Concrete or pavement has been placed on all disturbed areas
Correct answer: All soil-disturbing activities are complete and uniform vegetative cover of at least 70% has been established
Final stabilization requires that all soil-disturbing activities are complete and a uniform vegetative cover of at least 70% density (or equivalent permanent stabilization) has been established.
Question 3: Under most state NPDES programs, how frequently must construction sites be inspected by a qualified inspector?
- Once per month
- After every storm event and at least every 7 or 14 days (Correct answer)
- Only when a complaint is filed
- Quarterly during the active construction phase
Correct answer: After every storm event and at least every 7 or 14 days
Most NPDES Construction General Permits require inspections after storm events and at routine intervals of 7 or 14 days depending on site conditions.
Question 4: What information must be documented following each NPDES-required site inspection?
- Only BMP failures that require immediate repair
- Inspector qualifications, date, observations, BMP conditions, and corrective actions needed (Correct answer)
- The contractor's daily progress report and payment schedule
- Photographs only, no written documentation required
Correct answer: Inspector qualifications, date, observations, BMP conditions, and corrective actions needed
Inspection reports must document the date, inspector's name/qualifications, observations about BMPs, stormwater discharges, and any corrective actions required.
Question 5: A construction project discharges sediment-laden stormwater into a stream. Under the Clean Water Act, this constitutes a violation of which permit condition?
- The building permit's noise ordinance
- The effluent limitations and/or BMP implementation requirements of the NPDES permit (Correct answer)
- The Army Corps of Engineers Section 404 dredge-and-fill permit
- The local zoning variance approval
Correct answer: The effluent limitations and/or BMP implementation requirements of the NPDES permit
Discharging sediment-laden stormwater without adequate BMP controls violates NPDES permit effluent limitations and stormwater management requirements.
Question 6: Which of the following projects would most likely be exempt from NPDES stormwater permit requirements?
- A 2-acre commercial parking lot expansion
- Agricultural land disturbance for plowing and tilling (Correct answer)
- A 1.5-acre residential subdivision
- A highway widening project disturbing 3 acres
Correct answer: Agricultural land disturbance for plowing and tilling
Agricultural activities such as plowing and tilling are generally exempt from NPDES stormwater construction permit requirements under federal rules.
Question 7: What is the consequence of failing to submit an NOI before beginning land disturbance on a project requiring NPDES permit coverage?
- The project can proceed but must submit the NOI within 30 days
- The operator may face civil penalties for unpermitted discharge (Correct answer)
- The local building permit is automatically revoked
- Only a written warning is issued for first-time violations
Correct answer: The operator may face civil penalties for unpermitted discharge
Discharging stormwater without permit coverage (unpermitted discharge) can result in significant civil penalties under the Clean Water Act.
Which entity typically administers the NPDES Construction General Permit in states with EPA-authorized programs?