In response to the 1987 amendments to the Clean Water Act, the U.S. Environmental Protection Agency developed Phase 1 of the National Pollutant Discharge Elimination System (NPDES) Storm Water Program.  The Phase 1 program addressed sources of storm water runoff from various designated groups; one of those groups included construction activities that disturb 5 or more acres.  In 2003 the Phase II NPDES Storm Water requirements took effect which lowered the size of disturbance to one acre.

Administration of the NPDES Storm Water Program in Michigan has been delegated to the Department of Natural Resources and Environment (DNRE).  The DNRE utilizes a Permit-by-Rule process to obtain NPDES authorization to discharge storm water.  Construction activities 5 acres of more, with a point source discharge to the surface waters of the state, are required to submit a Notice of Coverage (NOC) to obtain coverage under Permit-by-Rule.  Prior to submitting the NOC, the permittee must first obtain coverage under Part 91, Soil Erosion and Sedimentation Control (SESC), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, either by obtaining a SESC permit from the local SESC permitting agency or be designated an Authorized Public Agency (APA) by the DNRE pursuant to Part 91.  The permittee must submit the NOC along with a site location map, copy of the SESC permit (if applicable), a copy of the SESC plan, and application fee to the DNRE at the address identified on the NOC.

Submittal of the NOC is not required for regulated construction activities that disturb 1 to 5 acres.  Those sites receive automatic coverage under Permit-by-Rule upon obtaining coverage under Part 91 (obtain a SESC permit or being designated an APA).

The DNRE authorization to discharge storm water does not authorize the permittee to violate any other federal, state, or local laws or regulations; nor does it obviate the necessity of obtaining such permits, including any other DNRE permits, or approvals from other units of government as may be required by law.

Regardless if the site is 5 or more acres or receives automatic coverage (1-5 acres), the permittee must comply with all requirements of Permit-by-Rule.  One of the primary requirements of Permit-by-Rule is that all permitted sites must be inspected weekly and within 24 hours of a rain or snowmelt event that results in a discharge from the site.  The inspections must be conducted and documented on an inspection report form or log by a certified storm water operator (CSWO) trained and certified by the DNRE.

CSWO Training Information:

Effective May 1, 2009, the construction site CSWO training was combined with a recently developed SESC Inspector training course.  Additional information regarding the new combined training can be found on the SESC Web site at www.michigan.gov/deqwb; click on Soil Erosion and Sedimentation Control; and then click on SESC and Certified Operator Training under "Information."

Individuals required to complete the CSWO training are required to take a short class and pass the CSWO/SESC Inspector exam.  The CSWO/SESC Inspector training class is offered at various locations and dates throughout the state for a fee of $75.  The training consists of viewing a DVD, class discussion, and taking an exam.  You are required to read Units 1-5 in the CSWO/SESC Training Manual prior to coming to class because the DVD and/or class discussion will not cover all information on the exam.  Note:  Unit 5 references Unit 6 which presents detailed information on Part 91 and the administrative rules promulgated under Part 91, as well as including the actual statute and rules.  Although it may be beneficial to fully understand all requirements of the statute and rules, the information you are expected to know when performing CSWO or SESC inspections is presented in Units 1-5.  The CSWO/SESC Inspector training, including the exam, will take approximately three hours. If you fail the exam (minimum passing score is 70%), you will have to re-register (and re-pay) for a subsequent class.

You may register for the CSWO/SESC Inspector training class by completing the registration form and returning it and a check to the Cashier's Office at the address indicated on the form at least 15 days before the training date.

Cancellation Policy:

Due to the numerous requests to reschedule the training after the confirmation letters have been sent out or failing to show up at the scheduled training, the WB has reluctantly adopted the following policy:

a)     If you cannot attend the training on the scheduled date (i.e. after the confirmation letter has been sent out) and call at least 24 hours prior to the scheduled training, you will be rescheduled for the next available training at that location.  If you cannot attend the next available training, you forfeit the registration fee and will have to re-register for the training by submitting a new registration form and appropriate fee. 

b)     If you do not show up for the scheduled training (without notifying us at least 24 hours in advance), you forfeit your fee and will have to re-register for the training by submitting a new registration form and fee. 

c)      Training fees will not be refunded; however, you may replace one person with another person.

• Permit-By-Rule (Rule 2190 of Part 31 of Act 451 - regulation regarding construction activities.)
• Compliance Requirementsfor Construction sites between 1 and 5 acres
• Permit-By-Rule Questions & Answers (Question and Answers regarding Rule 2190 of Part 31 of Act 451)
• Notice of Coverage (pdf) (application form for permit coverage for a regulated construction site)
• Notice of Coverage Renewal (pdf) (application form for the renewal of permit coverage for a regulated construction site)
• Notice of Termination(form to request coverage under Permit-By-Rule be terminated)
• Soil Erosion & Sedimentation Control Inspection Log (pdf)
• Construction Site Certified Operator and SESC Training Manual

• Technical Guidance for the Use of Polyacrylamides for Soil Erosion Control