General Permit for Stormwater Associated with Construction Activity

General Permit Currently in Effect

Projects that disturb one or more acres of earth must apply for either a General or Individual Permit for Stormwater Associated with Construction Activity, and obtain coverage under that permit before beginning earth disturbance on any part of the project. Projects that will disturb 150 acres or more and which discharge to a water listed as impaired on Maryland’s 303(d) list must apply for an individual permit.  All other projects may apply for a general permit.  The Maryland Department of the Environment (MDE) may later determine that an individual permit is required for some projects.  All applicants may use the same form whether they are applying for an individual or a general permit.  The section below regarding individual permits provides more information on the issuance process for individual permits.

Existing general or individual permittees who seek to increase the disturbed acreage covered by their permit must also use this form; for increases of less than an acre of disturbance, please contact the Department Contact listed at the bottom of this page.  Note that permittees who had coverage under any previous General Permit for Stormwater Associated with Construction Activity and filed a complete Continuation Form with MDE are now covered by General Permit 09 GP.  Coverage under this general permit will expire when the General Permit is reissued or expires, or when a Notice of Termination form has been completed by the permittee and received by MDE, whichever occurs first. 

Projects that initially disturb less than one acre, but that are part of a plan of development that will ultimately disturb one acre or more, must also obtain a General or Individual Permit for Stormwater Associated with Construction Activity before beginning earth disturbance on the first part of the project.

Application Form (Notice of Intent)

This form is a Microsoft Word form, which may be completed in Word and printed out for signature:
Microsoft Word Application Form for Individual or General Permit for Construction Activity (5-11-2012) 

This form is an Adobe Acrobat PDF for those who do not have Microsoft Word:
PDF Application Form for Individual or General Permit for Construction Activity (5-11-2012)

You may also obtain forms from the Maryland Department of the Environment (MDE) by emailing or calling the contact person below.

Applicants completing the information on the application form regarding the 303(d) list (also known as the Integrated Report) should use the current list. The application requires information on the following impairments, which are found under “Cause” in the 303(d) list:

• Total Suspended Solids (TSS),
  
• Sedimentation/Siltation, and
  
• Any other cause of impairment.

The current 303(d) list is available as a searchable database or clickable map.  Users can search the database on one or more criteria, such as 8-digit basin code.  If using the database or map, look for a “Listing Category” of 4 or 5 in the results.  These Listing Categories indicate that the water body is impaired. If you have any questions about this database, please contact the MDE staff indicated on the searchable database page. Another useful tool is the Maryland Watershed Profiles.

General Permit Coverage Issuance Process

1. Prior to submitting an application, the person(s) responsible for the project must submit an erosion and sediment control plan to the appropriate approval authority (such as the Soil Conservation District, see link below for list).
   
2. Submit complete application to MDE, including vicinity map and fee.  Local and State government projects do not pay the fee.
   
3. MDE reviews the application for completeness and contacts the applicant or their representative to obtain missing information identified in this first review.
   
4. In order to better accommodate public participation in the process to obtain general permit coverage, MDE scans NOI forms and enters the scan and related data into a database that is available on MDE's website (see below). The posting of the project in the database starts a minimum 45-day public participation period for sites with 3 acres or more of disturbed area or a 30-day period for sites with 1 to less than 3 acres of disturbed area. During this time, citizens may ask to review the available erosion and sediment control and stormwater management plans at the approval authorities for those plans. Citizens who have difficulty obtaining access to plans may contact the Water Management Administration (WMA), Compliance Program for assistance by calling 410-537-3510.
   
5. If MDE receives, prior to the expiration of the public participation period, a request from any person that the site be required to obtain an individual permit with a detailed, written explanation as to why the Erosion and Sediment Control Plan fails to meet State erosion and sediment control or stormwater management standards, MDE will do the following: (i) notify the general permit applicant that a request that an individual permit be required has been received, (ii) evaluate the information, and (iii) make a decision and send notification of that decision to the NOI applicant and the person requesting that an individual permit be required.
   
6. Unless #5 occurred, MDE will issue the project coverage under the General Permit after the public participation period expires and MDE receives documentation that the erosion and sediment control plan has been approved by the appropriate approval authority.  Applicants may send the documentation at any time, even if the public participation period has not yet expired.
   

NOI Database Search Utility

NOI Database Search Utility

NOI Database Search Utility Instructions 

List of approval authority contacts

Important Documents

General Permit 09 GP text

Notice of Final Determination to Issue General Discharge Permit for Storm Water Discharges Associated with Construction Activity 09GP (12-16-2008) 

Certification of Plan Approval (.doc, .pdf)  This form is may be used after an applicant submits an application form for an Individual or General Permit for Stormwater Associated with Construction Activity, but before the Maryland Department of the Environment (MDE) issues the permit.

Applicants for an Individual or General Permit for Stormwater Associated with Construction Activity who have a document from the appropriate Approval Authority stating that the erosion and sediment control plan has been approved may submit that document MDE in lieu of this form. Otherwise, applicants can use this form to certify that the erosion and sediment control plan has been approved by the appropriate Approval Authority.

Construction Activity Inspection Form (.doc, .pdf)  This is a new inspection form for use by responsible parties in the performance of self-inspections at construction sites. MDE developed the form based on a number of self-inspection sheets currently in use in the State. MDE now requires permittees to use this form for self-inspections in order to achieve greater consistency and to make sure critical inspection elements are included in all self-inspections being performed. All holders of general or individual permits must use this inspection form.

Transfer Form for individual and general permits (.doc, .pdf)  Use this form to transfer the permit to a new permittee.

Notice of Termination for individual and general permits (.doc, .pdf) When you have permanently stabilized the construction site, you must submit a Notice of Termination. This terminates permit coverage for the project.

For additional questions, contact Jesse Salter or Karen Smith, Compliance Program, Water Management Administration at jsalter@mde.state.md.us or ksmith@mde.state.md.us or (410) 537-3510.
 

Individual Permit for Stormwater Associated with Construction Activity

MDE will require an individual permit for some projects. The process for issuance of an individual permit is:

1. If no application form has yet been submitted, submit a completed application form, checking the box on the form for an individual permit for the discharge of stormwater associated with construction activities. MDE also needs a Public Notice Billing Approval Form (.doc, .pdf). MDE must have a signed copy of this form on file to proceed with newspaper publications of notices. Please include it with your completed application. All applicants including local and state government agencies must reimburse MDE for publication of notices in newspaper and for the preparation of a hearing transcript if a hearing is held.
    
2. MDE publishes notice of the application and provides an opportunity for an informational meeting. Persons have 10 business days following publication to request an informational meeting.
    
3. MDE reviews the information provided and develops appropriate permit requirements. In most cases, MDE will also review the erosion and sediment control plan and stormwater management plan.  However, the official approval of those plans is still obtained from the proper approval authorities.
   
4. MDE publishes a notice of tentative determination. Persons have 30 days to submit written comments on the permit. Persons have 20 days to request a public hearing. If a hearing is requested, MDE publishes notice of the hearing at least 30 days before the scheduled hearing date.
    
5. MDE issues the permit if adverse comments are not received within 30 days or a hearing is not requested.  If the applicant has not yet provided documentation that the erosion and sediment control plan has been approved by the appropriate approval authority, MDE does not issue the permit until that documentation is received.
    
6. If adverse comments are received, MDE prepares a final permit after the comments/hearing, then issues the permit, effective for a maximum of five years.  MDE also publishes an additional notice of final determination indicating that citizens have 30 days to file in circuit court for judicial review of the permit.

Status Update on Proposed Modification to the General Permit for Stormwater Associated with Construction Activity
(NPDES Number MDR10, State Discharge Permit Number 09GP)

Important Update (November 2010)

The Maryland Department of the Environment (MDE) issued a tentative determination to modify the General Discharge Permit for Storm Water Discharges associated with Construction Activity, MDR10 (General Permit) in May 2010.  The proposed modified permit includes significant changes from previous permits to incorporate new federal requirements for Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category, 40 CFR Part 450.  The U.S. Environmental Protection Agency promulgated these regulations applicable to construction sites on December 1, 2009, with an effective date of February 1, 2010.  Subsequently, EPA petitioned the Court to remand the regulations and is currently reconsidering the requirements.  As a result, MDE has decided to hold responses to comments on the tentative determination and a decision on when to publish a Notice of Final Determination in abeyance until further notice.

Further information on the modifications is available here.

DEPARTMENT CONTACT:

Karen Smith
MDE Compliance Program
Email: ksmith@mde.state.md.us
Phone: (410) 537-3510

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