Developers Beware: Significant Changes In Store For General Storm Water Permits For Construction Activities

LUEL Briefing, May 12, 2008

The California State Water Resources Control Board (State Water Board) recently proposed its draft National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Draft Construction Permit). The proposed draft permit significantly alters California's current General NPDES Permit for Construction Activities (General Permit) in ways that will have important implications for project design and approval strategies and could adversely affect many developers. At the federal level, the U.S. Environmental Protection Agency (EPA) also plans to issue a new, updated general permit for storm water discharges from construction activities, which will apply to sites that it (rather than a state) directly permits. EPA also plans to promulgate an effluent limitation guideline for storm water