Administration of the NPDES Storm Water Program in Michigan has been delegated to the Department of Environmental Quality (DEQ). The DEQ utilizes a Permit-by-Rule process to obtain NPDES authorization to discharge. 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 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 DEQ 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 DEQ 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).

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 by a certified storm water operator trained and certified by the DEQ and documented on an inspection report or log.

The issuance of an NPDES permit or certificate of coverage does not authorize violations of any federal, state, or local laws or regulations, nor does it obviate the necessity of obtaining such permits, including any other DEQ permits, or approvals from other units of government as may be required by law.

Note: Effective May 1, 2009, the construction site certified storm water operator (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 under SESC and certified storm water operator training. Individuals required to complete the certified storm water operator training must study Units 1-5 of the new CSWO/SESC Inspector Training Manualand pass the CSWO/SESC Inspector exam. Completing the CSWO/SESC Inspector training allows an individual to conduct inspections for both the construction storm water and SESC programs.

Registration information and available exam locations and dates are posted on the Web.

• 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 Training Manual

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