In response to the 1987 Amendments to the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA) developed Phase I of the National Pollutant Discharge Elimination System (NPDES) Storm Water Program in 1990. The Phase I program addressed sources of storm water runoff from a designated group, including construction activity disturbing 5 or more acres of land. In addition, due to the provisions within the Intermodal Surface Transportation Efficiency Act (ISTEA), activities operated by public bodies with service populations of less than 100, 000 per project, were exempt from the requirements to apply for or obtain authorization to discharge storm water. However, as March 10, 2003, the ISTEA moratorium ended, as well construction activity disturbing 1 to 5 acres of land, with a point source discharge to waters of the state now must comply with the Phase II NPDES Storm Water Program.
Administration of the NPDES Storm Water Program in Michigan has been delegated to the Michigan Department of Environmental Quality (DEQ). The DEQ currently utilizes Permit by Rule for NPDES authorization. Construction activities 5 acres or more, with a point source discharge to 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, a Soil Erosion and Sedimentation Control (SESC) Permit must be obtained from your local agency. Once obtained you must review the Permit-By-Rule and then submit a completed Notice of Coverage (NOC) form along with the required attachments (location map, a copy of the SESC Permit and $400.00 fee) to the address on the NOC.
However, submittal of the NOC is not required for regulated construction activities that disturb 1 to 5 acres. These sites have automatic coverage under Permit by Rule if they have obtained coverage under the Soil Erosion and Sedimentation Control Program (SESC), in accordance with Part 91, Soil Erosion and Sedimentation Control, of NREPA. Although there are no application requirements, the land owner or easement holder still must comply with the requirements of Permit by Rule. Therefore, the owner or easement holder is required to provide for weekly inspections of the soil erosion and sedimentation control practices identified in their SESC Permit. In addition, the site should be inspected after major rain events that cause a discharge from the site. These inspections should be conducted by, and recorded in, inspection logs by a storm water operator who is trained and certified by the MDEQ.
The issuance of an NPDES permit or certificate of coverage does not authorize violation 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.
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