General Permit of Stormwater from Commercial Activity
Notice of Tentative Decision Intent to Reissue the General Permit for the Discharge of Stormwater Associated with Commercial Activity
TENTATIVE DECISION
The Department of Energy and Environmental Protection (DEEP) hereby gives notice of a tentative decision to reissue without modifications the General Permit for the Discharge of Stormwater Associated with Commercial Activity (commercial general permit).
The current commercial general permit became effective on May 15, 2017 and will expire on May 14, 2020. The DEEP is proposing to continue permit authorization by issuing this notice to reissue the commercial general permit without modifications for the period beginning on the date of issuance by the Commissioner and expiring on May 14, 2022.
Current registrants will not be required to reregister to maintain authorization under the commercial general permit. Until such time the reissued commercial general permit without modifications becomes effective, current registrants are advised that they must continue to comply with the terms and conditions of the current general permit.
The Department intends to reissue a new commercial general permit with modifications prior to the expiration of this proposed reissued general permit.
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 general permit would not cause pollution of the waters of the state. No re-registration is required for the commercial general permit without modifications. The Department is not requiring existing permittees to submit reregistration forms as part of this reissuance. However, permittees must continue to implement, maintain, and update all elements of their Stormwater Management Plan as specified in the current commercial general permit to ensure that the discharge will not cause pollution.
COMMERCIAL GENERAL PERMIT
The purpose of the commercial general permit is to protect waters of the state from stormwater runoff discharging from commercial facilities. The DEEP first issued the commercial general permit on August 1, 1995. The permit has been renewed without modifications since that initial issuance. The commercial general permit contains requirements to develop and implement a Stormwater Management Plan (SMP) and conduct inspections. The SMP contains requirements for commercial activities to describe and manage their operations and contains stormwater management measures to reduce or eliminate the potential for the discharge of stormwater runoff pollutants from a commercial activity.
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.
PUBLIC COMMENT
Interested persons may obtain a copy of this public notice and the general permit on the DEEP website at www.ct.gov/deep/publicnotices. Questions may be directed to Karen Allen at Karen.Allen@ct.gov.
Prior to making a final decision to approve or deny any application, the Commissioner shall consider written comments on the application from interested persons that are received within thirty (30) days from the date of publication of this public notice. Written comments should be directed to Karen Allen at Karen.Allen@ct.gov.
PETITIONS FOR PUBLIC HEARING
The Commissioner may hold a public hearing prior to approving or denying an application if in the Commissioner's discretion the public interest will be best served thereby, and shall hold a hearing upon receipt of a petition signed by at least twenty-five (25) persons. Notice of any public hearing shall be published at least thirty (30) days prior to the hearing.
Petitions for a hearing shall be submitted within thirty (30) days from the date of publication of this public notice and should include the application number 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 application and, if resolution is reached, withdraw the petition. In order to facilitate the filing of requests for hearing during the COVID-19 emergency and consistent with the Department’s Temporary Directive, the Office of Adjudications will accept electronically-filed petitions in addition to petitions submitted by mail. Petitions with required signatures may be filed by email to the Office of Adjudications at www.ct.gov/deep/adjudications or mailed to the DEEP Office of Adjudications, 79 Elm Street, Hartford, CT 06106. Within thirty (30) days, original petitions that were filed electronically must be also be mailed to the Office of Adjudications at the above-noted address. If the original petition exists only in electronic format or signatures were produced using a computer or typewriter, the petition must be submitted with a statement bearing the wet-ink signature of the petitioner that the petition is only available in that format and has been submitted to satisfy the requirement that an original petition be filed. Additional information can be found at www.ct.gov/deep/adjudications.
/s/Betsey Wingfield
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.
Draft Permit and Fact Sheet: www.ct.gov/deep/stormwater
Published in The Hartford Courant, Waterbury Republican American, Connecticut Post, New London Day, New Haven Register, and Willimantic Chronicle on May 21, 2020.
Stormwater Commercial Draft Permit