Notable Changes to the New California Construction General Permit Effective September 1, 2023
By James I. Anderson, Esq.
In brief
The California State Water Resource Control Board (SWRCB) updated the National Pollution Discharge Elimination System Construction Stormwater General Permit (“General Permit”), and the new General Permit is effective beginning September 1, 2023. This new General Permit has several changes and updates. All new enrollees will be subject to the new provisions beginning September 1, while others who obtained coverage previously are exempted and will not be subject to the new General Permit requirements until September 1, 2025.
In detail
For any entity conducting construction, the General Permit is a familiar regulation. In essence, the Federal Clean Water Act prohibits the discharge of stormwater containing pollutants to waters of the United States. To effectuate this, potential dischargers must obtain a National Pollution Discharge Elimination System permit. With some exceptions, if construction activity would disturb one or more acre(s) of land surface, the discharger is required to obtain coverage under the General Permit.
The new General Permit has numerous new provisions and changes. Some of the changes are relatively minor, while others may be more substantive. Some of the notable changes are:
Implementation of Total Maximum Daily Loads applicable to construction stormwater discharges.
Implementation of a Statewide trash policy which prohibits the discharge of trash or debris from construction sites.
Implementation of passive treatment provisions that regulate their use for construction activities.
Regulations pertaining to the sensitivity of certain test methods.
Updated sampling and monitoring requirements.
For more information, the SWRCB has a fact sheet available here that discusses the changes summarized above, along with many others.
It is important to do a complete analysis of a project prior to application and granting of the General Permit. Everview assists clients with applications and compliance and will continue to provide General Permit updates as necessary.
