South Carolina NPDES Construction General Permit Requirements | ComplianceGO
South Carolina NPDES Construction General Permit Requirements
The South Carolina Construction General Permit (CGP) went into effect on January 1st, 2013, and was set to expire on December 31st, 2017. However, a new permit has not yet been signed into effect, so the 2013 permit continues in effect until a new one is signed.
A 2019 proposal was submitted but has not been ratified. The changes proposed for the new permit are detailed at the end of this article.
Permit Requirements:
Coverage under the permit is required for construction activities that:
Disturb 1 or more acre of land
Disturb less than 1 acre of land but are part of larger common plan that will ultimately disturb more than 1 acre
Disturb more than 0.5 acres AND resides in the State’s Coastal Zone AND the receiving water body is defined by the Policies and Procedures of the South Carolina Coastal Zone Management Program
All construction activities that don’t fall under the above requirements are automatically granted coverage under the permit without the need to file an NOI.
All construction activities are required to implement BMPs to control stormwater runoff and prevent pollution.
Waivers:
Three waivers exist for projects in South Carolina:
Rainfall Erosivity Waiver
Site’s R Factor is under 5 (use EPA Calculator)
TMDL Waiver
TMDL says that BMPs are not required – very rare (use State Tool)
Equivalent Analysis Waiver
Operator can develop and submit an equivalent analysis report
Filing the NOI Permit:
The process for filing the NOI permit is very complicated in South Carolina. The state does not currently have an automated, online system for filing. You’ll need to download the appropriate form, fill it out, and mail it in.
Here is the SCDHEC NOI Application for Construction Activities.
Here’s what you’ll want to gather in advance –
Permittee Information
Name, EIN, Phone, Mailing Address, Contact Name, Email
SWPPP Preparer Name and Company Information
Project/Site Information
Site Name, Address, Lat/Long, Construction Type, Start and End Dates, Disturbed Area, Total Area, Flooding History, Waiver Info (if applicable)
Receiving Water and On-Site Water Body Information
TMDL Info (if applicable)
The NOI Permit must be signed by a “Responsible Authority” – meaning a
Responsible corporate officer
General partner or proprietor
Principle executive officer/ Elected official
Designated authority with authorization letter
You’ll also need to pay the NOI Permit fee of $125, as well as project review fees of $100 per disturbed acre, up to a maximum of $2000.
NOI Permit Applications should be submitted to the appropriate DHEC office based on the location of your project:
Non-Coastal Sites
S.C. DHEC – Bureau of Water
Stormwater Permitting Section
2600 Bull Street
Columbia, SC 29201-1708
Coastal Zone
S.C. DHEC – Bureau of Water
Coastal Stormwater Permitting Section
1362 McMillan Ave., Suite 400
Charleston, S.C. 29405
Individual Lot Notice of Intent (IL-NOI)
For larger developments that are broken up into individual lots, the primary permittee (owner, developer, etc of the overall development) may require that builders for individual lots obtain their own coverage. In this case, individual lot builders become Secondary Permittees and must obtain coverage by submitting an Individual Lot Notice of Intent.
Plan Requirements:
An Stormwater Pollution Prevention Plan (SWPPP) is required for all construction projects. For projects that will disturb more than 2 acres of land, the SWPPP must be prepared by a qualified individual, defined as:
Registered professional engineers
Registered landscape architects
Tier B land surveyors
Federal government employees
The SWPPP consists of a Comprehensive SWPPP (C-SWPPP) and an On-Site SWPPP (OS-SWPPP).
The C-SWPPP is submitted with the NOI application for review.
The OS-SWPPP is a condensed version of the approved C-SWPPP that is kept at the construction site until final stabilization is reach and coverage under the permit is terminated.
For Larger Common Plan projects that are divided into individual lots, the C-SWPPP has to encompass the entire project so that Secondary Permittees can use it for their sites.
A SWPPP Template for South Carolina can be found here.
C-SWPPP
The C-SWPPP must:
Identify all potential sources of pollution
Describe BMPs used to reduce pollutants in stormwater discharges
Comply with all the terms and conditions of the permit
Include the following certification (if prepared by a qualified individual):
“I have placed my signature and seal on the design documents submitted signifying that I accept responsibility for the design of the system. Further, I certify to the best of my knowledge and belief that the design is consistent with the requirements of Title 48, Chapter 14 of the Code of Laws of SC, 1976 as amended, pursuant to Regulation 72-300 et seq. (if applicable), and in accordance with the terms and conditions of SCR100000.”
Include an appendix for tracking progress, compliance, and modifications.
Address non-numeric effluent limits (Erosion Control BMPs, Limiting disturbance, minimizing slopes, preserving topsoil, etc.)
Include a schedule of inspections
Include a rain log
Include an inspection log
Include a phased erosion prevention and sediment control plan if disturbing more than 5 acres
Include attached construction site plans
Contents:
Narrative
Scope
Description of flooding potential
Function (residential, commercial, etc.)
Disturbed and total area
On-site support activities
Prior uses or potential sources of pollution
Stormwater Management and Sediment Control
Industrial Stormwater Discharges
Water Quality BMPs
Erosion Prevention BMPs
Structural Control Measures and Floodplain Placement
Post-Construction BMPs
Construction Debris Management
Construction Entrances and Dust Control
Stock Pile Management
Additional Pollution Identification
Sequence of Construction
Site Features and Sensitive Areas
All Waters of the State
Critical Areas (in Coastal Zones)
Buffer Zone Management
30-foot Natural Buffer around all surface waters
45-foot Extended Natural Buffer around Sensitive Waters
Velocity Dissipation for any discharges into a buffer zone
Narrative justification and plan for any reduction or elimination of buffer zones
Sources of Pollution
Best Management Practices (BMPs)
Erosion Prevention BMPs
Sediment Control BMPs
Runoff Control and Conveyance Measures BMPs
Post Construction Water Quality Control BMPs
Structural BMPs
Non-Structural BMPs
Low Impact Development (LID) BMPs
Maps
Topographic Map
Soils Map
Floodway Map
Vicinity Map
Pre-Development and Post-Development Drainage Maps
Engineering Reports
Curve Number Analysis
Pre-/Post-Development Hydrologic Analysis
Detention Analysis
Permanent Water Quality Analysis
Sedimentology (Trapping Efficiency Analysis)
As-Built Surveys
Stable Channel Analysis
Storm Sewer Analysis
Riprap Apron Analysis
Construction Site Plans
Non-Numeric Effluent Limits
Management of Non-Stormwater Discharges
TMDL Information
OS-SWPPP
The OS-SWPPP includes all of the contents of the C-SWPPP except for the Engineering Reports.
The OS-SWPPP must also include a copy of the CGP, a copy of the NOI, the NPDES Coverage Approval Letter, Local Approvals, USACOE Approvals (for wetlands), Critical Area Permit (if applicable), Contractor Certifications, and Coastal Zone Consistency Certifications (if applicable).
The OS-SWPPP must be retained at the construction site or a nearby location easily accessible during normal business hours.
Inspection Requirements:
Pre-Construction Conference –
The preparer of the SWPPP or the person with operational control of the plans must hold a pre-construction conference to review and explain the OS-SWPPP. Attendees should include:
All contractors and sub-contractors
Utility providers
For projects disturbing more than 10-acres, the pre-construction conference must be held on site.
Inspections
Inspections must be conducted at least once every calendar week until final stabilization is reached on all areas of the construction site.
Inspections are recommended within 24 hours of the end of a storm event of 0.5 inches or greater.
The DHEC may require more frequent inspections.
Portions of the site that have been permanently or temporarily stabilized may have inspections reduced to just once per month.
Rain Gauge
A rain log is required. Rain data can be collected from a rain gauge on site or from data from a certified weather record. The log must include records for the day of an inspection as well as any significant rainfall events since the last inspection. (This requirement is planned to be changed in the 2019 permit to require a rain gauge on site.)
Inspector Qualifications
Inspections must be conducted by Qualified Personnel:
For sites that disturb more than 2 acres:
The preparer of the C-SWPPP
A knowledgeable person under the supervision of the preparer of the C-SWPPP
A person who is certified through a Construction Site Inspector Certification Course that has been approved by DHEC (available through Clemson University online)
A person holding a registration equivalent to a C-SWPPP preparer
For site that disturb 2 acres or less and not part of a larger common plan:
The permittee or a designee, provided the OS-SWPPP has been explained to them by someone with the certification level of a C-SWPPP preparer
Inspection Report Requirements:
No specific form is prescribed for inspection reports.
Inspection reports must include the following:
Inspection Date
Names of Qualified Inspectors
Weather Information for the day of the inspection and since the last inspection
Description of any discharges occurring during the inspection
Location(s) of discharges of sediment or other pollutants from the Site
Location(s) of BMPs that need maintenance
Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location
Location(s) where additional BMPs are needed that did not exist at the time of inspection
Corrective action required including any changes to the OS-SWPPP necessary and implementation dates
Site Name, Operator Name and permit number
Verification that all BMPs and stormwater controls identified in the OS-SWPPP have been installed and are operating as designed
The DHEC may require a monthly report in some instances.
A record of all inspections and corrective actions must be kept as part of the OS-SWPPP.
Any deficiencies or corrective actions must be corrected within 7 days AND before the next storm event.
All permanent controls must be routinely maintained per their design. A maintenance agreement must be in place with the individuals accepting ownership of the permanent structures upon completion of construction activities.
Stabilization and Termination:
Final stabilization is considered to have been achieved when
Vegetative and/or non-vegetative (structural measures) have established a soil cover to prevent and/or reduce soil erosion and sediment loss in areas exposed during the construction process.
You are eligible to submit a Notice of Termination (NOT) when:
The entire area has undergone final stabilization
All construction activities have permanently ceased
All temporary controls have been removed
Changes of Owner/Operator may be submitted.
The NOT is submitted to the same location where the NOI was submitted within 30 days of one of the above instances occuring.
The NOT Application may be found here.
The NOT must be signed by a responsible authority (same as NOI)
This is a quick summary of the Construction Stormwater requirements in South Carolina. To be sure you are meeting ALL the requirements and to lower your risk of audits, fines, stop-work orders, or jail time, you should thoroughly familiarize yourself with the appropriate permit for your project (linked above).
ComplianceGO offers the best software solution for managing your stormwater requirements on construction projects. Visit www.compliancego.com to learn more about how you can save time and money while increasing compliance on your site.
