Developing SWPPPs Across Multiple Jurisdictions

You have been tasked with acquiring a National Pollutant Discharge Elimination System (NPDES) permit for a construction project that crosses through multiple jurisdictions. What typically is a straightforward process can now become complicated if the project passes through multiple jurisdictions. It is essential to thoroughly investigate all jurisdictions that impact the project and develop the Stormwater Pollution Prevention Plan (SWPPP) to address all requirements in a manner that will not be overly cumbersome to the construction team.

Full Abstract: In those states authorized to issue National Pollutant Discharge Elimination System (NPDES) permits under Section 402 of the Clean Water Act for the discharge of storm water from construction activities, the permitting process is typically straightforward—it requires the submittal of a single permit application to the state agency and the development of a Stormwater Pollution Prevention Plan (SWPPP) that adheres to the requirements of the state permit. However, depending on the type of construction project and its location, more than one NPDES permit authorization may be required, either from multiple state agencies or from one state agency and the U.S. Environmental Protection Agency (EPA). Additionally, the SWPPP for these types of projects must be developed to meet all agencies' regulatory jurisdiction requirements.

Long, linear projects, such as the installation of pipelines or electric transmission lines, can complicate the permitting process for storm water discharges from construction activities if these projects cross multiple permitting jurisdictions, including tribal and nontribal lands, municipal separate storm sewer systems (MS4s), and other special districts.

The presentation will provide an overview of the Federal, state, and local regulatory authorities in the south-central portion of the U.S. that require either NPDES permit authorization or notification prior to the start of construction activities. The discussion will cover the EPA, the Texas Commission on Environmental Quality (TCEQ), the Oklahoma Department of Environmental Quality (ODEQ), and local entities such as counties, MS4s, and other special districts, and when these entities have permitting authority.

Additionally, a review of case studies that further illustrate some of the challenges in permitting these types of projects will be included. These case studies will discuss the application processes and SWPPP development processes, the inspection and monitoring requirements, and the permit termination processes to illustrate the differences in local, state, and Federal requirements.