General Permit for the Discharge of Stormwater from Construction Activities, 6/26/2025

Notice of Tentative Determination Intent to Reissue the General Permit for the
Discharge of Stormwater from Construction Activities

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 from Construction Activities (“Construction GP” 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 construction activities that disturb one (1) or more acres. The current Construction GP became
effective on December 31, 2020, with an expiration date of December 30, 2025.
In accordance with applicable federal and state law, the Commissioner has made a tentative determination that discharges in accordance with, and authorized by, the Construction GP 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 Stormwater Pollution Control Plan (“SPCP”).

3.0 General Permit Regulatory Conditions
The general permit authorizes the discharge of stormwater from, and certain allowable non-stormwater discharges related to, construction 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 activities to submit a registration to obtain permit coverage, and to develop and implement a SPCP. The SPCP shall be prepared in accordance with sound engineering practices and be consistent with the most recent versions of the Connecticut Stormwater Quality Manual
and the Connecticut Guidelines for Soil Erosion and Sediment Control.

Permit coverage for existing permittees covered under the current general permit issued in 2020 will maintain an interim permit coverage, provided a complete registration has been submitted to the Commissioner within 90 days after the issuance date.

4.0 Proposed Updates
Significant changes proposed for the general permit include the following: an updated format and permit
fees consistent; clarifying language regarding allowable non-stormwater discharges related to construction activities, prohibited discharges, and emergency activities in response to a public emergency; updated references to the CT Stormwater Quality Manual and Guidelines for Soil Erosion and Sediment Control;
the requirement to post a sign at the site; information regarding the permittee’s responsibility in the case of contaminated dewatering wastewater; inclusion of a new online noncompliance notification reporting tool; and clarification regarding the timeline and documents required for submission of the Notice of Change and Notice of Termination. Permit coverage will no longer be transferrable to comply with the electronic reporting requirements of the National Pollutant Discharge Elimination System Electronic Reporting Rule (“NPDES eRule”), 40 CFR 127.

5.0 Targeted Request for Public Input

5.1 Design-Build Projects for Locally Exempt Public Projects. CT DEEP is seeking input on how to best address design-build projects within the framework of      Locally Exempt Public Projects. Specifically, feedback is requested on issues such as project sequencing, overlapping phases, application components, the Stormwater Pollution Control Plan, certifications, and related elements. DEEP plans to include a dedicated pathway for design-build projects in the final permit. While the substantive requirements related to the SPCP, Control Measures, and Best Management Practices are expected to remain unchanged, modifications to the administrative process—including the timing of registrations and permit terminations—will likely be necessary to reflect the distinct sequencing of design-build projects.

5.2 Turbidity Monitoring. This general permit requires control measures and best management practices to minimize sediment mobilization and offsite discharge through stormwater. Permittees must implement stormwater treatment, runoff diversion, and soil stabilization techniques. To verify the design assumptions and ensure these control measures and techniques are being installed and maintained properly, CT DEEP
is seeking feedback on the inclusion of turbidity monitoring as a permit requirement. Monitoring data would help evaluate the effectiveness of existing controls and target areas needing corrective action.

6.0 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.

7.0 Public Comment
Interested persons may obtain a copy of this public notice, the draft General Permit for the Discharge of Stormwater from Construction Activities and the general permit’s 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 Christopher Stone at 860-424-3850 or chris.stone@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: Christopher Stone, 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. Please include “Construction GP Public Comments” in the subject line.
 
8.0 Petitions for Public Hearing
The Commissioner may conduct a public hearing if the Commissioner determines that the public interest
will be best served thereby. Upon receipt of a petition, the Commissioner shall take action as required by relevant laws, including Public Act 25-84, which was effective upon passage in June 2025. 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.accommodations@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

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.

Published in the Hartford Courant, Connecticut Post, New London Day, Waterbury Republican-American, New Haven Register and The Chronicle on June 26, 2025. 

Draft Permit
Fact Sheet
Appendix -A
Appendix -B
Appendix -C
Appendix -D
Appendix -E
Appendix -F
Appendix -G
Appendix -H
Appendix -I
Appendix -J