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Controlling the discharge of sediments from active construction sites is an important regulatory program to prevent pollution of the Chesapeake Bay. Before a construction project that will disturb an acre or more of land can begin, the builder must obtain a permit from the Maryland Department of the Environment.
Sediment pollution occurs when tiny bits of dirt from farms, construction sites, or development wash into the local stream or river and are then carried into the Bay. Sediment clouds the water, preventing light from reaching the bay grasses that are key to the ecosystem, and it can smother oysters and other bottom-dwelling creatures.
MDE issues permits pursuant to the Clean Water Act for the discharge of stormwater associated with construction activity. These permits require approved plans that incorporate best management practices to:
- protect natural areas;
- phase clearing to reduce acreage open at any one time;
- keep construction equipment and vehicles away from sensitive areas;
- effectively manage soils at high risk for erosion; and
- impose time limits and protection measures for discharges to the Chesapeake Bay, impaired waters, or waters with an established Total Maximum Daily Load (TMDL).
Applicants begin the process to obtain a permit by submitting a “Notice of Intent.” The type of permit needed is determined by the size of the area to be disturbed for construction:
- Individual permits are issued for construction sites disturbing 150 acres or more that discharge stormwater to waters impaired by pollutants associated with construction activity.
- Sites from one to 150 acres in size may apply for the general permit.
- Individual permits may be required for construction sites disturbing between 30 and 150 acres that discharge to impaired waters if MDE determines that, due to site-specific issues, applicable technical standards included under the general permit are not sufficient to ensure the protection of water quality standards.
The new general construction stormwater permit issued in 2009 included a number of changes. The new permit improves transparency and increases the opportunity for public review and comment on a site seeking coverage under this permit. The changes include:
- For a site with more than three acres of disturbed area, a Notice of Intent is posted on MDE’s website for a minimum of 45 days to allow the public to comment.
- For sites with one to three acres of disturbed area, the comment period is 30 days.
- Citizens may ask to review the available erosion and sediment control and stormwater management plans at the approval authorities (usually the local government) for those plans.
- Citizens who have difficulty obtaining access to plans may call 410-537-3510.
- Citizens may object to a Notice of Intent and request that MDE require an individual permit for a specific site. MDE will determine whether an individual permit will be required based on an evaluation including all comments received.
- All plans for construction activity and any reports prepared pursuant to this permit, including self-inspection information, shall be available to the public.
- Upon request by the public, the permittee covered by this general permit shall make such documents available, with the exception of applicable portions of documents claimed as confidential in accordance with the federal Clean Water Act.
The new general permit requires all sites to take reasonable measures to prevent the discharge of sediments. If a significant sediment discharge occurs, the permittee must inspect, evaluate, and if needed, repair or install all site controls included in the approved erosion and sediment control plan. If a second event occurs, the permittee is required to have an engineer evaluate whether the erosion and sediment control plan is adequate, or whether additional on-site practices or plan modifications are needed, and to advise MDE and the approval authority. At any time during the construction and stabilization phases until permit coverage is terminated, MDE may determine that the permittee’s stormwater discharges may cause, have reasonable potential to cause, or contribute to an excursion above any applicable water quality standard and may require the permittee to take various corrective actions and submit an individual permit application. MDE will pursue appropriate enforcement actions including seeking penalties for violations of the permit.
Permittees must maintain at the site written reports of all inspections conducted by the permittee in standard written report form as provided by MDE. The permittee must conduct inspections weekly and the next day after a rainfall event resulting in runoff.
All of these requirements will help to reduce stormwater and sediment runoff and help restore our streams, rivers and the Chesapeake Bay.
Click here for more information on the General Permit for Stormwater Associated with Construction Activities or contact Jesse Salter, Section Head in the Compliance Program, at 410-537-3510.
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