General Permit for the Discharge of Stormwater Associated with Commercial Activity

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

1.0 Tentative Determination
The Department of Energy and Environmental Protection (DEEP) hereby gives notice of a tentative decision regarding the intent to reissue the General Permit for the Discharge of Stormwater
Associated with Commercial Activity (commercial stormwater general permit).

2.0 DEEP Proposes to Reissue the Current Commercial Stormwater General Permit Without Modification
The current commercial stormwater general permit expired on May 14, 2022. DEEP is proposing to continue permit authorization by issuing this notice to reissue the commercial stormwater general permit without modifications for the period beginning on the date of issuance by the Commissioner and expiring two (2) years after the effective date.

DEEP is not requiring existing permittees to submit a new registration form as part of this reissuance and their coverage will remain in effect until the revised general permit becomes effective. Permittees are required to comply with all permit limits and conditions of this General Permit to ensure their discharge does not cause pollution.

DEEP is seeking public comment on this notice of tentative decision to reissue the commercial stormwater general permit without modifications.

3.0 Commissioner’s Findings & Regulatory Conditions
In accordance with applicable federal and state law, the Commissioner has made a tentative decision that reissuance of the commercial stormwater general permit without modifications would continue
to protect the waters of the State from pollution.

The purpose of the commercial stormwater general permit is to protect waters of the State from stormwater runoff discharges from commercial facilities. DEEP issued the first commercial stormwater general permit on August 1, 1995. The permit has been renewed without modifications since that initial issuance.
 
The current commercial general permit contains requirements to submit a registration, develop and implement a Stormwater Management Plan (SMP), and conduct inspections. The SMP contains a description of the site, outdoor storage and activities, and stormwater management measures to be implemented with a goal to reduce or eliminate potential pollutants in the stormwater runoff at the commercial activity.

4.0 Commissioner’s Authority
The Commissioner is authorized to issue this general permit pursuant to sections 22a-430 and 22a-430b of the Connecticut General Statutes (CGS) and the Water Discharge Permit Regulations (section 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.

5.0 Public Comment
Interested persons may obtain a copy of this public notice, both versions of the general permit, and
the associated factsheets 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, Bureau of Materials Management and Compliance Assurance, Water Permitting and Enforcement Division, Department of Energy and Environmental Protection, 79 Elm Street, Hartford, CT 06106-5127 or may be submitted via electronic mail to: nicole.kibbe@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/Katherine S. Dykes
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, New Haven Register, Connecticut Post, New London Day, Waterbury Republican-American and The Chronicle on July 10, 2023.

Draft Permit
Fact Sheet