General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities
Notice of Tentative Decision:
Intent to Modify the General Permit for the Discharge of
Stormwater and Dewatering Wastewaters from Construction Activities
TENTATIVE DECISION
The Department of Energy and Environmental Protection (DEEP) hereby gives notice of a tentative decision to modify the General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities (construction general permit).
The current construction general permit became effective on December 31, 2020 and will expire on December 30, 2025. By this public notice, the Department intends to issue a limited modification to the construction general permit to allow construction activities within one-hundred (100) feet of cold water stream habitats that have been authorized by the Commissioner through other state permitting mechanisms and/or in coordination with the DEEP Fisheries Division. The Department is seeking public comment on this notice of tentative decision to modify the construction general permit.
COMMISSIONER’S FINDINGS/REGULATORY CONDITIONS
In accordance with applicable federal and state law, the Commissioner has made a tentative decision that the limited modification of certain sections of the construction general permit would not cause pollution of the waters of the state. The Department will not require existing permittees authorized under the current construction general permit to reregister as part of this modification. Current permittees must continue to implement, maintain, and update all elements of their Stormwater Pollution Control Plan as specified in the current construction general permit to ensure that the discharge will not cause pollution.
COLD WATER STREAM HABITATS
Cold water streams, which are extremely important to maintaining biodiversity within a watershed, can be negatively impacted by construction activities within the stream corridor. Projects that include the installation of impervious surfaces and the removal of natural vegetative cover that shades streams can result in the detrimental increase in water temperatures and the loss of sensitive species.
In an effort to mitigate these impacts, the current construction general permit requires that construction projects within a cold water stream habitat, as defined in the construction general permit, must maintain a one-hundred (100) foot undisturbed buffer between any construction activity and any stream, river, or tributary included within the habitat. This buffer must consist of undisturbed soil and well-established existing vegetation and must be verified post-construction. Projects that are unable to comply with these conditions may not utilize the construction general permit but must instead obtain coverage under an individual NPDES discharge permit.
Following consultations with staff from DEEP’s Land and Water Resources Division, DEEP’s Fisheries Division, and the Connecticut Department of Transportation, DEEP is proposing a limited modification to the construction general permit to allow construction activities within the one-hundred (100) foot cold water habitat buffer if such activity has been authorized by the Commissioner through another state permitting mechanism and/or in coordination with the DEEP Fisheries Division. Any mitigation strategy authorized by the Commissioner must be verified post-construction.
Registrants for construction projects within one-hundred (100) feet of a cold water stream habitat will be required to submit a completed DEEP Fisheries Consultation Form or documentation of official interagency coordination between the DEEP Fisheries Division and other state agency staff.
The proposed modifications to the current construction general permit are limited to Sections 3(b)(15), 4(d)(2)(j), 5(b)(2)(D)(vi) and Section (I)(2)(f) of Appendix I of the construction general permit.
COMMISSIONER’S AUTHORITY
The Commissioner is authorized to modify the construction 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 the construction general permit pursuant to CGS section 22a-430b.
PUBLIC COMMENT
Interested persons may obtain a copy of this public notice and the construction general permit on the DEEP website at www.ct.gov/deep/publicnotices. The construction general permit is 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 Laura Gaughran at 860-424-4049 or laura.gaughran@ct.gov.
Prior to making a final decision to modify the construction general permit, the Commissioner shall consider written comments from interested persons that are received within 30 days of this public notice. Comments that will be accepted for consideration are limited to the proposed modifications to the construction general permit that are specifically described in this Tentative Decision and draft construction general permit modification. Written comments should be directed to: Laura Gaughran, Water Permitting and Enforcement Division, Bureau of Materials Management and Compliance Assurance, Department of Energy and Environmental Protection, 79 Elm Street, Hartford, CT 06106-5127 or may be submitted via electronic mail to: laura.gaughran@ct.gov.
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 modifications to 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.
Draft Permit and Fact Sheet: www.ct.gov/deep/stormwater
Published in the Hartford Courant, Connecticut Post, The Chronicle, New Haven Register, Waterbury Republican-American, and the New London Day on August 17, 2022.