07-98
CHAPTER 5
Question #17 - Who is responsible for submitting the NOI and, therefore,
responsible for developing the storm water pollution prevention plan, the
owner or the contractor?
Answer - In most cases the owner and the contractor will each be required
to submit an NOI. EPA's explanation of this issue is that the "operator"
of a construction site is required to submit the NOI. The "operator" is
defined as the party or parties that 1) have operational control over the
site specifications (including the ability to make modifications in
specifications); and 2) have day-to-day operational control of those
activities at the site necessary to ensure compliance with plan
requirements and permit conditions (e.g. are authorized to direct workers
at the site to carry out activities identified in the plan). EPA notes that
in most circumstances these two control functions will be carried out by
separate parties.
EPA points out that the preparation of the storm water pollution prevention
plan should be part of the project design phase so that the necessary
controls are incorporated into the site design. EPA states that in most
competitive bid circumstances the owner will be responsible for developing
the storm water pollution prevention plan and submitting and NOI. For these
situations, once the contractor is selected, the contractor will also
submit an NOI.
Question #18 - When construction activities are completed and the project
is accepted by the owner or when one contractor has completed their portion
of a job, how are they to be relieved of responsibility for the storm water
permit requirements?
Answer - EPA has established a Notice of Termination procedure to relieve
permittees of permit requirements. The Notice of Termination form can be
obtained from EPA and is to be filed at the following address:
Storm Water Notice of Termination
P.O. Box 1185
Newington, VA 22122
Question #19 - Will any further guidance be issued by EPA to assist in
developing storm water pollution prevention plans?
Answer - Yes. EPA has developed a document entitled "Storm Water Management
for Construction Activities: Developing Pollution Prevention Plans and Best
Management Practices," (document # EPA 83-R-92-005). This document will be
available from the National Technical Information Service by calling 1-800-
553-6847 or 1-703-487-4650.
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