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CHAPTER 5
approve the NOI or issue a permit. Unless contacted by EPA, construction
activities can commence 2 days after submittal of the NOI.
Question #5 - Can construction activities in the other states be covered by
a general permit?
Answer - Construction activities in the following 33 states will be covered
by a general permit issued by the individual states AL, AR, CA, CO, CT, GA,
HI, IL, IN, IA, KY, MA, MD, MN, MS, MO, MT, NE, NV, NJ, NC, ND, ORS, PA, RI
SC, IN, VT, VA, WA, WV, WI, WY. The requirements of the general permits in
these states will vary. Some will closely mirror those of EPA, others will
be different. Like the EPA general permit, coverage under a state general
permit will be automatic once an NOI is filed with the state. However,
states may have different time limits for submitting the NOI.
Question #6 - What kind of permit will cover construction activities in the
remaining states?
Answer - The following six states do not currently have authority from EPA
to issue a general permit for storm water runoff DE KS, ML NY, OH, VT.
These states are in the process of seeking general permitting authority. In
the interim, construction activities in these states will be covered by
individual permits.
Question #7 - What is an individual permit?
Answer - An individual permit establishes site specific sediment and
erosion control requirements and storm water management requirements. An
individual permit application must be submitted to the state agency ninety
days in advance of the start of construction and work cannot begin until
the individual permit is issued.
QUESTIONS #8 THROUGH #27 APPLY TO THE 11 STATES THAT ARE COVERED BY THE
FEDERAL EPA GENERAL PERMIT. THE GENERAL PERMIT REQUIREMENTS IN THE 32 STATES
LISTED IN QUESTION #5 WILL BE SIMILAR TO THE EPA REQUIREMENTS. CONTRACTORS
SHOULD CONSULT WITH TM APPROPRIATE STATE AGENCY OR AGC CHAPTER FOR AN
EXPLANATION OF A STATE'S GENERAL PERMIT REQUIREMENTS.
Question #8 - To whom does an applicant file a Notice of Intent (NOI) to be
covered by a general permit?
Answer - In the 11 states that are covered by the federal EPA general
permit the NOI is to be filed with EPA at the following address:
Storm Water Notice of Intent
P.O. Box 1215
Newington, VA 22122
If the site is operating under an approved State or local sediment and
erosion plan, grading plan or storm water management plan, copies of the
NOI should be submitted to the approving State or local agency.
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