General Permit for the Discharge of Stormwater Associated with Commercial Activity (3-20-2025)

Notice of Tentative Determination of Intent to Reissue the General Permit for the Discharge of Stormwater Associated with Commercial Activity

1.0 Tentative Determination 
The Commissioner of the Department of Energy and Environmental Protection (“DEEP”) hereby gives notice of a tentative determination to reissue and administer the General Permit for the Discharge of Stormwater Associated with Commercial Activity (“Commercial Stormwater General Permit” or “general permit”) under the authority of sections 22a-430 and 22a-430b of the Connecticut General Statutes (“CGS”) authorizing point source discharges to surface water.

2.0 Commissioner’s Findings 
The purpose of the general permit is to protect the waters of the state from stormwater runoff discharging from sites engaged in commercial activities. The current Commercial Stormwater General Permit became effective on September 30, 2023 with a permit duration of two (2) years and an expiration date of
September 30, 2025. 

In accordance with applicable federal and state law, the Commissioner has made a tentative determination that discharges in accordance with, and authorized under, the Commercial Stormwater General Permit would not cause pollution to the waters of the state. The proposed general permit, if issued as drafted, will require registration for new and existing permittees and the development and implementation of a site-specific Stormwater Management Plan (“SMP”).

3.0 General Permit Regulatory Conditions
The general permit authorizes the discharge of stormwater from commercial activities to surface waters of the state of Connecticut. Any discharge of water, substance or material into the waters of the state other
than the ones specified in the general permit are not authorized by this general permit. 

The general permit requires eligible facilities to submit a registration to obtain permit coverage, develop and implement a SMP, perform site inspections and visual assessments, and conduct stormwater outfall monitoring. The SMP must include detailed information describing the site, potential pollution sources, structural and non-structural stormwater control measures, best management practices (“BMPs”), and procedures for performing inspections and stormwater monitoring. 

Permit coverage for permittees covered under the current general permit will be maintained for an interim period of time, provided a complete registration for this permit has been submitted to the Commissioner within 90 days after the issuance date. 

4.0 Proposed Updates
Significant changes to the general permit include the following: an updated format and permit fees consistent with similar general permits issued by the division; an expansion of the definition of “commercial activities” to include the North American Industrial Classification System (“NAICS”); additional registration and SMP requirements to provide more site detail, and to better document the types of potential pollutants exposed to stormwater and the stormwater control measures being implemented; the inclusion of visual assessments and analytical stormwater monitoring requirements to evaluate impacts of stormwater runoff to the receiving waterbody; updates to existing control measures; enhanced best management practices for lawn and
garden centers; increased routine inspections for certain activities; and the utilization of new electronic DMR reporting and a new online noncompliance notification reporting tool;

To comply with the NPDES Electronic Reporting Rule (40 CFR 127), registration and reporting requirements under the general permit will transition to electronic filing. Applicants will follow a two-step process: (1) Submit an application transmittal form and (2) upload an electronic application to a shared online portal. Permittees will then submit their stormwater monitoring data electronically through the NetDMR platform. 

5.0 Commissioner’s Authority
The Commissioner is authorized to issue this general permit pursuant to sections 22a-430 and 22a-430b of the CGS and the Water Discharge Permit Regulations (sections 22a-430-3 and 4 of the Regulations of Connecticut State Agencies). The Commissioner is authorized to approve or deny any registration under this general permit pursuant to CGS section 22a-430b.

6.0 Public Comment
Interested persons may obtain a copy of this public notice, the revised draft Commercial Stormwater General Permit and the general permit fact sheet on the DEEP website at www.ct.gov/deep/publicnotices. The general permit materials are also available for inspection at the DEEP Bureau of Materials Management and Compliance Assurance, Water Permitting and Enforcement Division, 79 Elm Street, Hartford, CT from 8:30am – 4:30pm, Monday through Friday. Questions may be directed to Nicole Kibbe at Nicole.kibbe@ct.gov.

Prior to making a final decision to reissue the proposed general permit, the Commissioner shall consider written comments from interested persons that are received within thirty (30) days of this public notice. Written comments should be directed to: Nicole Kibbe, Water Permitting and Enforcement Division, Bureau of Materials Management and Compliance Assurance, Department of Energy and Environmental Protection, 79 Elm Street, Hartford, CT 061065127 or may be submitted via electronic mail to: DEEP.StormwaterStaff@ct.gov. Electronic mail is recommended.

6.0 Petitions for Public Hearing
The Commissioner may conduct a public hearing if the Commissioner determines that the public interest will be best served thereby or shall hold a hearing upon receipt of a petition signed by at least twenty-five persons. Petitions should include the name of the general permit noted above and also identify a contact person to receive notifications. Petitions may also identify a person who is authorized to engage in discussions regarding the proposed general permit and, if resolution is reached, withdraw the petition. Original signed petitions may be scanned and sent electronically to deep.adjudications@ct.gov or may be mailed or delivered to: DEEP Office of Adjudications, 79 Elm Street, 3rd floor, Hartford, CT 06106-5127. All petitions must be received within the comment period noted above. If submitted electronically, original signed petitions must also be mailed or delivered to the address above within ten days of electronic submittal. If a hearing is held, timely notice of such hearing will be published in a newspaper of general circulation.

/s/Emma Cimino
Deputy Commissioner

Published in the Hartford Courant, Connecticut Post, Waterbury Republican-American, New London Day, New Haven Register and The Chronicle on March 20, 2025. 

Draft General Permit
Fact Sheet

The Connecticut Department of Energy and Environmental Protection is an Affirmative Action and Equal Opportunity Employer that is committed to complying with the Americans with Disabilities Act. To request an accommodation contact us at 860-418-5910 or deep.accommodations@ct.gov.

Draft Commercial Stormwater General Permit and Fact Sheet: www.ct.gov/deep/stormwater