Do I Need a Stormwater Permit?

A stormwater permit is needed if one of the following is true:

  • The total site is one acre or more
  • The total planned disturbance is one acre or more
  • The stormwater is conveyed through a pipe, ditch, or swale
  • The stormwater is discharged to Boston waterways or to the municipal storm drain system

In short, if a construction activity (clearing, grading, or excavation) disturbs one acre or more and has a point source discharge of stormwater to Boston waterways, it needs a stormwater discharge permit.

Who Should Apply for a Permit?

The owner, developer, or general contractor can apply for the permit. All parties with day-to-day responsibility for site operations should submit a Notice of Intent as co-permittees following the initial permit application.

NOTE: An authorized representative must certify the plan.

What to Do if You Need a Permit?

If you need a permit, seek coverage under the existing general permit for stormwater discharges from construction activities. 

You must:

  • Understand and comply with the conditions of the general permit
  • Develop a stormwater pollution prevention plan (SWPPP) prior to submitting the Notice of Intent to EPA (Retain the pollution prevention plan on site and submit a copy to BWSC. You don’t have to submit it to EPA.)
  • Review tips on developing and maintaining an SWPPP
  • Submit a Notice of Intent to EPA with a copy sent to BWSC at least two days prior to the intended construction activity (clearing, grading, or grubbing)

Applying for a Construction Permit

Apply For a Construction Permit by submitting a Notice of Intent(eNOI). 

Compliance with the general permit means that you have a pollution prevention plan which addresses all the permit requirements, that you maintain the plan on site, log all inspections and results and update the plan as necessary. The final product should be reviewed to determine if a post-consumption permit is required. 


Tips on Construction General Permit Compliance

When you have achieved final stabilization at the site, submit a Notice of Termination-EPA From 3510-13 included in the NPDES General Permit for Stormwater Discharges from Construction Activities.

 

EPA Notice of Termination