ITEM  9

SUBJECT

REISSUANCE OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR THE DISCHARGE OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY (GENERAL NPDES CONSTRUCTION STORM WATER PERMIT)

DISCUSSION

The Federal Clean Water Act [Section 402(p)] requires industries to obtain an NPDES permit for the discharge of storm water from industrial activities. The U.S. Environmental Protection Agency (U.S.EPA) promulgated regulations (see Federal Register, Volume 55, No. 222, Friday, November 16, 1990) that identify the categories of industry which are required to be permitted. Included in these categories are construction activities which result in a land disturbance of five acres or more.

The State Water Resources Control Board (SWRCB) adopted a General NPDES Construction Storm Water Permit in conformance with these regulations on August 20, 1992. In accordance with the Federal NPDES permit regulations, this General NPDES Construction Storm Water Permit expired on August 20, 1997. (This existing General NPDES Construction Storm Water Permit will remain in effect until it is reissued by the SWRCB.)

A public hearing was held on June 8, 1998 to receive comments on a proposed General NPDES Construction Storm Water Permit that would, if adopted, replace the existing General NPDES Construction Storm Water Permit. All comments have been received and considered. Appropriate changes have been made to the General NPDES Construction Storm Water Permit, which was the subject of the June 8, 1998 public hearing.

A Workshop was held on June 16, 1999 to receive comments from all interested persons. Comments have been considered and appropriate changes have been made to the proposed General NPDES Construction Storm Water Permit.

POLICY ISSUE

Should the SWRCB adopt an order reissuing the General NPDES Construction Storm Water Permit?

FISCAL IMPACT

The SWRCB and Regional Water Quality Control Board (RWQCB) activities associated with the Storm Water Program have been provided for through the normal budgeting process.

RWQCB IMPACT

All RWQCBs

STAFF RECOMMENDATION
That the SWRCB adopt an order reissuing the General NPDES Construction Storm
Water Permit.