2022 Construction Stormwater General Permit - Frequently Asked Questions

Permit Applicability and Obtaining Coverage

1. How does a discharger know if coverage under the Construction Stormwater General Permit is required for their project?
2. What are the major differences between the 2022 CGP and the 2009 CGP?
3. How does a discharger know if a project is part of a larger common plan of development?
4. What is a Small Construction Rainfall Erosivity Waiver?
5. What is a Notice of Non-Applicability (NONA)?
6. What is Programmatic Permitting Coverage for linear underground and overhead projects?
7. Are there other permits which dischargers should be aware of when applying for the 2022 CGP?
8. Who applies for 2022 CGP coverage?
9. What are the fees associated with the 2022 CGP?
10. Who can a discharger contact for questions regarding an invoice?
11. How does a discharger apply for coverage?
12. How do dischargers submit a permit application for a project that crosses Regional Water Quality Control Board boundaries?
13. Since linear underground and overhead projects can encompass a very large area, how should the discharger determine the site address for the Notice of Intent form?
14. How should “total area to be disturbed” on the NOI form be calculated for linear construction activity?
15. How does a discharger obtain a Waste Discharge Identification (WDID) number after submitting Permit Registration Documents to SMARTS?
16. Is there a physical permit or certificate that is issued once the application is approved?
17. How can a discharger look up the status of the permit?

SMARTS

1. Are there any guides for using SMARTS?
2. What can a user do when experiencing issues in SMARTS?
3. A company representative with a SMARTS account left, can the replacement representative access their account to view records in SMARTS?

SWPPP and Risk Determination

1. Does the State Water Board provide Stormwater Pollution Prevention Plan (SWPPP) templates?
2. What date should dischargers use when calculating the Rainfall Erosivity Factor (R factor)?
3. Does a discharger need to revise their risk re-calculation if the project extends past the original construction end date specified?
4. Can a discharger lower their Risk Level after mass-grading the site?
5. Assuming a project lasts at least one year, does the discharger need to implement erosion and sediment controls year-round, even though a very small percentage of the annual precipitation occurs during the summer months?
6. What is a Sediment Sensitive Watershed, and how is it determined?
7. Can dischargers determine receiving water risk using a more recent version of the 303(d) List of Impaired Waters, such as the 2024 list?
8. When amending the SWPPP, does the Discharger need to submit a Change of Information (COI) through SMARTS?
9. What is the role of the local municipality in reviewing or enforcing the SWPPP?

Total Maximum Daily Loads

1. What is a total maximum daily load (TMDL)?
2. How does a discharger determine if they are a “Responsible Discharger” for one or more TMDLs?
3. When is discharge monitoring for TMDL-related numeric action levels or numeric effluent limitations required?
4. How is RUSLE2 used to comply with TMDLs?

QSD and QSP Responsibilities

1. Where can a discharger find a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) for their project?
2. Can a QSD or QSP be an independent contractor?
3. Can a discharger hire multiple QSDs and QSPs for one project?
4. Is the QSD and/or QSP responsible for permit compliance or is the discharger responsible?
5. Who authorizes the use of QSP delegates?
6. Who can be a QSP delegate?
7. How can an individual become a QSD and/or QSP?
8. What are the underlying prerequisites required to obtain a QSD and/or QP certification through CASQA?
9. How do QSDs or QSPs maintain their certification?

Visual Inspections and Monitoring

1. What significant changes have been made to inspection and sampling requirements?
2. What is a “Qualifying Precipitation Event”?
3. When is a “pre-Qualifying Precipitation Event visual inspection” required?
4. When is a “during-Qualifying Precipitation Event visual inspection” required?
5. When is a “post-Qualifying Precipitation Event visual inspection” required?
6. Who can perform visual inspections?
7. Does the State Water Board provide inspection form templates?
8. Is a discharger required to document rain totals from the on-site rain gauge?
9. What sampling is required?

Reporting

1. When are dischargers required to submit field sampling analytical results through SMARTS?
2. Do all dischargers need to submit an Annual Report?
3. If a discharger conducted construction activities for less than 90 days within the reporting year, but had Notice of Intent coverage for more than 90 days within the reporting year, do they still have to submit an Annual Report?
4. For the Annual Report summaries, what is the difference between a “corrective action” and “violation”?

Inactive Projects

1. Construction for the project will be suspended for a few months, what options does the discharger have?
2. Construction for the project will be suspended for a year or more, what options does the discharger have?

Post-Construction

1. How do traditional construction project dischargers know whether to comply with the Municipal Separate Storm Sewer System (MS4)’s post-construction requirements or the 2022 CGP’s post-construction requirements?
2. What post-construction requirements does a discharger comply with if they are located within an NPDES-permitted MS4’s jurisdiction but exempt from their post-construction requirements?
3. Are linear underground and overhead project dischargers required to comply with post-construction requirements?
4. How do I submit required post-construction documents when applying for permit coverage?
5. Why do post-construction plans need to be submitted with the initial Permit Registration Documents instead of at the end of the project with the NOT?
6. Can the post-construction plan, as required to be submitted with the initial Permit Registration Documents, be preliminary?
7. What is a long-term maintenance plan as it pertains to post-construction?

Terminating Permit Coverage

1. Does permit coverage automatically expire/terminate once the construction project is complete?
2. What if I sell the property prior to completing construction?
3. Can the discharger terminate or sell a portion of the construction site while permitted under the Construction Stormwater General Permit?
4. How does a discharger terminate sites when they have programmatic permit coverage?
5. What can a discharger do to expedite the review of the NOT?
6. The NOT has been approved; however, the discharger just received an invoice and have other outstanding invoices that have not been paid. Is payment still required for the outstanding invoices?

Answers

Permit Applicability and Obtaining Coverage

How does a discharger know if coverage under the Construction Stormwater General Permit is required for their project?

Construction activity resulting in a land disturbance of one acre or more, or less than one acre but part of a larger common plan of development or sale that in total disturbs one or more acres, must obtain coverage under the CGP. Construction activities subject to this permit include, but are not limited to, clearing, grading and disturbances to the ground such as stockpiling or excavation, but do not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.

Construction stormwater discharges in the Lake Tahoe Hydrologic Unit are regulated by a separate construction stormwater permit adopted by the Lahontan Regional Water Quality Control Board and may not obtain coverage under the CGP. Stormwater discharges associated with construction activity on Tribal lands are regulated by the U.S. EPA.

What are the major differences between the 2022 CGP and the 2009 CGP?

Some major changes between the 2009 CGP and the 2022 CGP include:

• Changes to monitoring based on the revised Qualifying Precipitation Event definition
• Implementation of TMDL requirements
• Implementation of Statewide Trash Policy requirements
• Inclusion of passive treatment technology requirements
• Addition of a Notice of Non-Applicability
• Addition of requirements for discharges to Areas of Special Biological Significance
• Addition of a programmatic permitting option for linear projects
• Addition of requirements for dewatering discharges
• Implementation of the federal Sufficiently Sensitive Test Methods Rule
• Increased QSD and QSP responsibilities
• Removal of bioassessment monitoring
• Removal of Rain Event Action Plans (REAPs)

How does a discharger know if a project is part of a larger common plan of development?

U.S. EPA regulations include the term “common plan of development or sale” to ensure that acreage within a common project is covered by the CGP’s requirements because construction activities are phased, split among smaller parcels, or completed by different owners or developers, but ultimately disturbs an acre or more of land.
The 2008 U.S. EPA NPDES General Permit for Discharges from Construction Activity provided further clarification on the common plan of development or sale regarding non-contiguous construction activities. Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project is treated as a separate plan of development or sale provided any interconnecting road, pipeline, or utility project that is part of the same “common plan” is not concurrently being disturbed. For example, oil and gas well pads separated by 1/4 mile could be treated as separate projects. However, if the same two well pads and an interconnecting access road were all under construction at the same time, they would generally be considered as part of a single “common plan” for permitting purposes. If a utility company was constructing new trunk lines off an existing transmission line to serve separate residential subdivisions located more than 1/4 mile apart, the two trunk line projects would be considered separate projects.
Construction projects generally receive grading and/or building permits (Local Permits) from local authorities prior to initiating construction activity. These Local Permits spell out the scope of the project, the parcels involved, the type of construction approved, etc. Referring to the Local Permit helps define “common plan of development or sale.” In cases such as tract home development, a Local Permit will include all phases of the construction project including rough grading, utility and road installation, and vertical construction. All construction activities approved in the Local Permit are part of the common plan and must remain under the CGP until construction is completed. For custom home construction, Local Permits typically only approve vertical construction as the rough grading, utilities, and road improvements were already independently completed under the previous Local Permit. In the case of a custom home site, the homeowner must submit plans and obtain a distinct and separate Local Permit from the local authority in order to proceed. CGP coverage for an individual homeowner building a custom home on a private lot of less than one acre is not required. Similarly, the installation of a swimming pool, deck, or landscaping that disturbs less than one acre that was not part of any previous Local Permit is not required to obtain CGP coverage.
The following are examples of construction activity of less than one acre that would require permit coverage:

• A landowner receives a building permit(s) to build tract homes on a 100-acre site split into 200 one-third acre parcels, (the remaining acreage consists of streets and parkways) which are sold to individual homeowners as they are completed. The landowner completes and sells all the parcels except for two. Although the remaining two parcels combined are less than one acre, the landowner must continue permit coverage for the two parcels.
• One of the parcels discussed above is sold to another owner who intends to complete the construction as already approved in the local permit. The new landowner must electronically certify and submit Permit Registration Documents to complete the construction, even if the new landowner is required to obtain a separate Local Permit.
• The landowner in (1) above purchases 50 additional one half-acre parcels adjacent to the original 200-acre project. The landowner seeks a Local Permit (or amendment to existing local permit) to build on 20 parcels while leaving the remaining 30 parcels for future development. The landowner must amend Permit Registration Documents to include the 20 parcels 14 days prior to commencement of construction activity on those parcels.

What is a Small Construction Rainfall Erosivity Waiver?

A Small Construction Rainfall Erosivity Waiver provides a waiver from permit coverage while imposing a reduced set of requirements to ensure compliance with the conditions of the waiver. Operators or owners whose sites qualify must apply through SMARTS and pay the appropriate fee but are not required to comply with post-construction, sampling, monitoring, or other SWPPP requirements in the CGP.
To qualify for a Small Construction Rainfall Erosivity waiver, the site must be between one and five acres of total disturbed area, or less than one acre but part of a larger common plan of development that totals less than five acres of disturbed area and must have a calculated rainfall erosivity factor (R-Factor) of less than five. Dischargers with small sites that are part of a larger common plan of development or dischargers that have programmatic permit coverage do not qualify for a waiver unless the entire project qualifies for a waiver.
To calculate the R-Factor, please utilize the Rainfall Erosivity Factor Calculator for Small Construction Sites.

What is a Notice of Non-Applicability (NONA)?

As set forth in Order Section III.E, A Notice of Non-Applicability (NONA) certifies that a site is not hydrologically connected to waters of the United States and coverage under the Construction Stormwater General Permit is not required. To qualify for a NONA, the site’s physical location cannot be hydrologically connected to waters of the United States. This is demonstrated through a No Discharge Technical Report, which must be prepared and signed by a California licensed professional engineer or geologist with hydrological expertise.

What is Programmatic Permitting Coverage for linear underground and overhead projects?

Regionwide programmatic permitting coverage is a permitting option available to linear underground and overhead projects who wish to combine multiple non-contiguous projects under one Notice of Intent. To qualify for regionwide programmatic permitting coverage, the linear projects must:

• be located within one Regional Water Board’s jurisdiction,
• be of similar scope with common construction activities, and
• have the same LRP.

Linear project dischargers must submit the following documentation for each non-contiguous site:

• a common SWPPP covering all activities common to the projects, and
• a Linear Construction Activity Notification for each site describing site-specific information.

For further information regarding programmatic permitting coverage, please reference Order, Section III.B.4 and Attachment E.2, Section II.A.2.

Are there other permits which dischargers should be aware of when applying for the 2022 CGP?

There may be other applicable permits or requirements in addition to the CGP depending on the scope of the project. For example, you may also need low threat or de minimis discharge permit, a Water Quality Certification (Clean Water Act Section 401) from the State and Regional Water Quality Control Boards, a Clean Water Act Section 404 permit administered by the U. S. Army Corps of Engineers, or a lake and streambed alteration agreement from the Department of Fish and Wildlife. Contact the appropriate Regional Water Quality Control Board or the applicable agency to determine if other permits are required for your construction activity. The discharger may also have to obtain permits issued by the local city, county, or other entities with jurisdiction over the property.

Who applies for 2022 CGP coverage?

The Legally Responsible Person (LRP) submits an application for the discharger to obtain coverage under the 2022 CGP.
“Discharger” is defined in Attachment B (Glossary). The Legally Responsible Person (LRP) is a representative of a discharger and signatory that is legally designated to sign, certify, and electronically submit any documents required by the CGP, the State or Regional Water Board, or U.S. EPA. As set forth in Attachment B (Glossary), an LRP must be one of the following:
1. For a corporation or limited liability company: a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:
(a) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation or limited liability company; or,
(b) the manager of the facility if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
3. For a municipality, state, federal, or other public agency: a principal executive officer, ranking elected official, city manager, council president, or any other authorized public employee with managerial responsibility over the construction or land disturbance project (including, but not limited to, project manager, project superintendent, or resident engineer);
4. For an individual: the individual; or,
5. For any type of entity not listed above (e.g., trusts, estates, receivers): an authorized person with managerial authority over the construction or land disturbance project.

What are the fees associated with the 2022 CGP?

Fees are set forth in California Code of regulations, Title 23, Section 2200(b), which are revised annually by the State Water Board’s Fee Branch. The fee schedule can be found here: Storm Water Construction Annual Fees by Acre.
Fees submitted with the discharger’s Notice of Intent will serve as the first annual fee. The initial annual fee is based on the project’s remaining area to be disturbed, and each subsequent annual invoice will be adjusted if the remaining area to be disturbed is increased or decreased through the submission of a Change of Information (COI). The fee for dischargers applying for programmatic permitting coverage is the maximum amount indicated in the fee schedule.
Dischargers will continue to receive an annual invoice until the project is complete, and a Notice of Termination is electronically submitted via SMARTS and approved by the Regional Water Quality Control Board.
The one-time fee for dischargers applying for the Small Construction Rainfall Erosivity Waiver can be found in the fee schedule here: Fees | California State Water Resources Control Board. There is no fee associated with applying for a Notice of Non-Applicability.

Who can a discharger contact for questions regarding an invoice?

For questions regarding invoices or payments, please contact the Stormwater Help Desk at stormwater@waterboards.ca.gov.

How does a discharger apply for coverage?

The discharger must electronically submit Permit Registration Documents in the Stormwater Multiple Application and Report Tracking System (SMARTS) prior to commencing construction activities. Permit Registration Documents consist of:

• Notice of Intent,
• Risk Assessment,
• Post-Construction Plans and Calculations,
• Site Map,
• SWPPP,
• Signed certification statement, and
• First annual fee.

As set forth in Order Section V.B, the signatory for the discharger must meet the definition of “Legally Responsible Person” set forth in Attachment B. The Legally Responsible Person may designate a Duly Authorized Representative, as defined in Attachment B, who may sign, certify, and electronically submit documents, reports, or information required by the CGP.
The LRP can apply for permit coverage by following the instructions in the 2022 CGP Creating a New Application and Submitting a Notice of Intent help guides found here: SMARTS - Construction Help Guides.

How do dischargers submit a permit application for a project that crosses Regional Water Quality Control Board boundaries?

Regardless of the project scope, the discharger must submit separate Permit Registration Documents in SMARTS for each Regional Board jurisdiction prior to the commencement of construction activities.

Since linear underground and overhead projects can encompass a very large area, how should the discharger determine the site address for the Notice of Intent form?

When filling out the NOI form, enter “linear construction project” for the site address.

How should “total area to be disturbed” on the NOI form be calculated for linear construction activity?

All disturbances to the ground must be accounted for and considered additive (see Attachment E.2, Section I.B.1 on “Linear Project Land Disturbance Area Calculations”). The following formula attempts to account for all disturbances from the construction activity, not just the trenching activity itself:
Total Disturbed Area = (Wt ∗ Lt) + Ap + (Db ∗ Nb) + (Wr ∗ Lr)
Where:

• Wt is the width of the disturbance, including trench width, plus the immediate access width;
• Lt is the length of the trench or project pipe;
• Ap is the area where project-related activity occurs (i.e., equipment and material storage, staging, and preparation areas not on paved surfaces, ancillary facility areas);
• Db is the bore hole diameter multiplied by the immediate access width;
• Nb is the number of bore holes;
• Wr is the new road construction width; and,
• Lr is the length of the new road

This formula illustrates how to account for disturbances to the ground resulting from the construction activity. Although dischargers are not required to use this exact formula, they must include all disturbances to the ground in their total calculation.

How does a discharger obtain a Waste Discharge Identification (WDID) number after submitting Permit Registration Documents to SMARTS?

SMARTS will issue a WDID and notify linked users via email once State Water Board staff process the Permit Registration Documents the discharger submitted through SMARTS.

Is there a physical permit or certificate that is issued once the application is approved?

No physical documentation is provided for permit coverage. Once an application is processed, a WDID number is instantly issued. The WDID number is proof of permit coverage. Dischargers may print the Notice of Intent Receipt Letter under the “Print” tab in SMARTS.

How can a discharger look up the status of the permit?

Dischargers can access the State Water Board Stormwater Multiple Application and Report Tracking System (SMARTS) to obtain the status of a permit by either logging into SMARTS or by using the “Search for Owners/Operators or Facilities/Sites” report of the SMARTS Public User Menu.

---

SMARTS

Are there any guides for using SMARTS?

State Water Board staff has prepared SMARTS Construction Help Guides to assist with navigating SMARTS.

What can a user do when experiencing issues in SMARTS?

The user should check the web browser that they are using to access SMARTS. SMARTS works best on the Google Chrome web browser. If switching web browsers does not resolve the issue, please contact the Stormwater Help Desk at stormwater@waterboards.ca.gov for further assistance by describing the error, steps to reproduce the error, and a screenshot of the error.

A company representative with a SMARTS account left, can the replacement representative access their account to view records in SMARTS?

No. SMARTS user accounts cannot be accessed by multiple individuals. Access to the user account by other individuals is considered a violation of the signed electronic authorization form agreement and the CGP. If a personnel change occurs, then the new staff member will need to create their own SMARTS user account and request a Secret Code Number from the Stormwater Help Desk to be linked to the specific entity or entities in SMARTS. For further instructions on replacing LRPs, see the Replace a Legally Responsible Person Help Guide. For linking other staff, see the Linking Users Help Guide.

---

SWPPP and Risk Determination

Does the State Water Board provide Stormwater Pollution Prevention Plan (SWPPP) templates?

No, the State Water Board does not provide a SWPPP template for dischargers as the dischargers should decide what SWPPP format best suits their site-specific needs. Qualified SWPPP Developers may develop their own templates or use templates from other organizations, so long as they comply with the requirements of the 2022 CGP.

What date should dischargers use when calculating the Rainfall Erosivity Factor (R factor)?

Dischargers are required to use the date that land is first disturbed as the “start date” and the expected date that final stabilization is expected to be achieved as the “end date” to determine their R factor. For dischargers continuing construction on land that is part of larger common plan that was previously disturbed, the “start date” is the date the land was originally disturbed for the project.

Does a discharger need to revise their risk re-calculation if the project extends past the original construction end date specified?

Yes. Projects that extend past their original construction end date need to re-calculate their R factor to determine if the information in SMARTS is correct. Use the original start of construction date and a realistic end date when submitting the Change of Information.

Can a discharger lower their Risk Level after mass-grading the site?

No. A discharger’s Risk Level is based on the entirety of the project from start to finish. The discharger cannot lower their Risk Level because the bulk of the land disturbance has finished, or site topography has changed. However, if the initial risk determination was calculated incorrectly or if the project schedule changes (e.g., shorter construction period), a Risk Level can be lowered through a Change of Information.

Assuming a project lasts at least one year, does the discharger need to implement erosion and sediment controls year-round, even though a very small percentage of the annual precipitation occurs during the summer months?

An effective combination of erosion and sediment controls, as defined in the permit, must be deployed year-round. There is always potential for a Qualifying Precipitation Event to occur during summer months.

What is a Sediment Sensitive Watershed, and how is it determined?

A sediment sensitive watershed is defined as a watershed draining into a receiving water body (or receiving water body reach) that is either:

• Listed as impaired for sedimentation/siltation or turbidity on the California 2020-2022 Clean Water Act 303(d) List of Impaired Waters, or
• Designated with COLD, SPAWN, and MIGRATORY beneficial uses in the applicable Regional Water Quality Control Plan (basin plan).

State Water Board staff has prepared a High-Risk Receiving Water Map Tool to assist dischargers with a determination. If a discharger prepares a site-specific analysis using an alternate method, the discharge must submit supporting documentation as an attachment in SMARTS.

Can dischargers determine receiving water risk using a more recent version of the 303(d) List of Impaired Waters, such as the 2024 list?

No. The 2022 CGP refers to the California 2020-2022 Clean Water Act 303(d) List of Impaired Waters.

When amending the SWPPP, does the Discharger need to submit a Change of Information (COI) through SMARTS?

No. While the discharger must upload the amended SWPPP as an attachment to the WDID in SMARTS, they are not required to do so through the COI process unless the amended SWPPP is associated with changing start or end dates, reducing or increasing acreage, switching to inactive status, updating post-construction plans, or initiating dewatering activities.

What is the role of the local municipality in reviewing or enforcing the SWPPP?

The local municipal stormwater programs and the CGP requirements intentionally have some overlap and redundancy. However, the local municipality has no authority to directly enforce the CGP requirements, as this is done by the State and Regional Water Boards. Instead, the local agency is typically responsible for ensuring compliance with local stormwater ordinances that prohibit sediment and other pollutants from entering the municipal separate storm sewer system (MS4), and with local grading ordinances that typically require an erosion and sediment control plan (usually a sheet in the construction plan set) for projects with a grading permit. In some cases, the local municipality may have a condition in its MS4 stormwater permit requiring the agency to check that certain items are included in the SWPPP. This does not constitute approval of the SWPPP, and the review is typically conducted prior to issuing a grading permit. Municipalities may contact Regional Water Board staff if they discover violations of the CGP during routine inspections.

---

Total Maximum Daily Loads

What is a total maximum daily load (TMDL)?

TMDLs are regulatory tools providing the maximum amount of a pollutant from potential sources in the watershed that a water body can receive while attaining water quality standards. A TMDL is defined as the sum of the allowable loads of a single pollutant from all contributing point sources (waste load allocations) and non-point sources (load allocations), plus the contribution from background sources.

How does a discharger determine if they are a “Responsible Discharger” for one or more TMDLs?

Responsible dischargers are dischargers who:

• Discharge stormwater and authorized non-stormwater directly, or through a municipal separate sewer system (MS4) or other conveyance, to water bodies or watersheds identified in a U.S. EPA-approved TMDL with a waste load allocation assigned to construction stormwater sources; and
• Have identified, through the site-specific pollutant source assessment, that one or more pollutants specific to the TMDL are present on-site with the potential to enter construction stormwater discharges.

Dischargers may use the 2022 CGP TMDL Map Tool as guidance or refer to the applicable Regional Water Quality Control Plan (basin plan) to determine if the project discharges to a water body or watershed with an applicable TMDL.
Responsible Dischargers must comply with the applicable TMDL implementation requirements in Attachment H of the 2022 CGP by the listed compliance deadline. Responsible Dischargers are required to complete the TMDL tab in SMARTS, which will automatically populate the applicable TMDL implementation requirements in accordance with Attachment H.

When is discharge monitoring for TMDL-related numeric action levels or numeric effluent limitations required?

TMDL-related numeric action levels and numeric effluent limitations are assessed through the non-visible pollutant monitoring requirements. All three of the following conditions must be met in order to trigger TMDL sampling:

• The construction project must discharge to a TMDL-listed watershed or water body,
• The site-specific pollutant source assessment must identify a TMDL-specific pollutant with a waste load allocation translated into a numeric action level or numeric effluent limitation that has the potential to discharge into the TMDL watershed or waterbody, and
• Non-visible pollutant sampling must be triggered by a failure to implement best management practices; a container spill or leak; or a best management practice breach, failure, or malfunction. If the discharger immediately addresses the spill, leak, breach, failure or malfunction and best management practices to control the pollutants are implemented prior to discharge, non-visible pollutant monitoring is not required.

A TMDL-related numeric action level or numeric effluent limitation exceedance occurs on the second, and each subsequent, analytical result for samples taken from any discharge location(s) within the same drainage area, during the same reporting year, that is above the concentration set forth by the TMDL-related numeric action level or numeric effluent limitation.
Exceedances of a TMDL-related numeric action level are not a violation of the permit; however, failing to report the exceedance or to modify implementation of best management practices to prevent further exceedances is a violation of the 2022 CGP. Exceedances of a TMDL-related numeric effluent limitation are violations of the 2022 CGP and are subject to mandatory minimum penalties and water quality based corrective actions per Order Section VI.Q.

How is RUSLE2 used to comply with TMDLs?

RUSLE2 (Revised Universal Soil Loss Equation, Version 2) is a computer program that can model the amount of soil erosion caused by rainfall and runoff on various land surfaces with and without the implementation of best management practices (BMPs).
Depending on the TMDL, RUSLE2 is used in one of two ways:

• For TMDLs where the waste load allocation is zero (0), the discharger is required to use RUSLE2 to establish a baseline by modeling pre-construction condition erosion rates. Then the discharger uses RUSLE2 to model the erosion rates during each phase of construction, with BMPs implemented, to demonstrate that the erosion during construction is less than or equal to the pre-construction conditions. The discharger then implements the BMPs as modeled through RUSLE2 to comply with the TMDL implementation requirements.
• For TMDLs where the waste load allocation is specified and more than zero (0), such as those in Table H-3 of Attachment H, the discharger is required to use RUSLE2 to model erosion rates during each phase of construction, with BMPs implemented, to demonstrate that the waste load allocation can be achieved. The discharger then implements the BMPs as modeled through RUSLE2 to comply with the TMDL implementation requirements.

If the RUSLE2 model demonstrates that no combination of BMPs available in the program can achieve erosion rates that comply with the waste load allocations, and the R factor cannot be reduced through project scheduling, the discharger should contact the applicable Regional Water Board for guidance.

---

QSD and QSP Responsibilities

Where can a discharger find a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) for their project?

A discharger can find local licensed QSDs or QSPs by utilizing the CASQA Qualification Directory. The SMARTS Public User Menu can also be used to find QSDs.

Can a QSD or QSP be an independent contractor?

Yes.

Can a discharger hire multiple QSDs and QSPs for one project?

Yes, the discharger can hire multiple QSDs and QSPs for one project as long as their contact information is available in the SWPPP.

Is the QSD and/or QSP responsible for permit compliance or is the discharger responsible?

The discharger is ultimately responsible for permit compliance and accordingly would be subject to any enforcement actions for failure to comply with permit requirements. However, per Order Section V.I, the State Water Board can rescind QSD and QSP certifications if the QSD or QSP:

• willfully or negligently caused or allowed a violation of this General Permit;
• submitted false or misleading information to the State Water Board or any Regional Water Board;
• used fraud or deception; or
• failed to use reasonable care and good judgment.

Who authorizes the use of QSP delegates?

The discharger authorizes the QSP to delegate visual inspections, sampling, and/or SWPPP and BMP implementation activities.

Who can be a QSP delegate?

Delegates can be the discharger’s construction personnel (e.g., superintendent, project manager, foreman, contractor) who are frequently present on the site or another stormwater professional that has yet to obtain their QSP certification. Per Order Section V.E, QSPs responsible for delegating tasks to others must provide foundational and site-specific training per the CGP Training Team guidelines. The QSP is responsible for reviewing the work performed by trained delegates and is required to determine that the delegates can perform and have a competent understanding of their delegated tasks.

How can an individual become a QSD and/or QSP?

There are two paths to earning a QSD and/or QSP certification:

• Through CASQA, where the candidate must meet an underlying prerequisite, complete a Trainer of Record-led QSD and/or QSP training course, pass the QSD and/or QSP exam, and register as a QSD or QSP on the CASQA website. For more information, please visit the CASQA website. OR
• Through SMARTS, California licensed professional engineers or geologists may self-certify as a QSD/QSP with the State Water Board after reviewing the self-directed California Board of Professional Engineers, Land Surveyors, and Geologist (CBPELSG) training material.

What are the underlying prerequisites required to obtain a QSD and/or QP certification through CASQA?

A current list of prerequisites can be found on the 2022 CGP webpage, under the Training section.

How do QSDs or QSPs maintain their certification?

Per Order Section V.F.6, QSDs and QSPs certified through CASQA must take six hours of continuing education annually to remain in good standing with their certification. Continuing education required by an underlying prerequisite or offered by training vendors may be used to comply with this requirement. Additionally, QSDs and QSPs certified through CASQA must complete an online QSD or QSP renewal process every two years. For more information, please refer to the CASQA web page.
Self-certified QSDs and QSPs are not required to complete continuing education to maintain their certification.

---

Visual Inspections and Monitoring

What significant changes have been made to inspection and sampling requirements?

The following changes have been made to inspection and sampling requirements in the 2022 CGP from the 2009 CGP:

• Revised triggers for pre- and during-Qualifying Precipitation Event inspections to forecasted amounts, rather than accumulated amounts,
• All Risk Levels must now perform weekly, pre-, during-, and post-Qualifying Precipitation Event inspections,
• QSPs must now perform monthly site inspections and pre-Qualifying Precipitation Event inspections.
• Reduced stormwater sampling frequency for Risk Level/LUP Type 2 and 3 projects from 3 samples per active discharge location per 24-hour period of a Qualifying Precipitation Event, to 1 sample per active discharge location per 24-hour period of a Qualifying Precipitation Event,
• Removed daily averages for stormwater samples as only 1 sample is required per active discharge location, and

What is a “Qualifying Precipitation Event”?

A Qualifying Precipitation Event is defined in Attachment B (Glossary) as, "Any weather pattern that is forecast to have a 50 percent or greater Probability of Precipitation (PoP) and a Quantitative Precipitation Forecast (QPF) of 0.5 inches or more within a 24-hour period. The event begins with the 24-hour period when 0.5 inches has been forecast and continues on subsequent 24-hour periods when 0.25 inches of precipitation or more is forecast.” See the 2022 CGP Qualifying Precipitation Event Guidance for more information on determining QPEs.

When is a “pre-Qualifying Precipitation Event visual inspection” required?

The 2022 CGP requires pre-Qualifying Precipitation Event visual inspections within 72 hours prior to any weather pattern that is forecasted to have a 50 percent or greater chance of 0.5 inches or more precipitation in a 24-hour period. Additionally, if extended forecast precipitation data is available (greater than three days), then the pre-Qualifying Precipitation Event visual inspection may be performed up to 120 hours in advance.

When is a “during-Qualifying Precipitation Event visual inspection” required?

The CGP requires during-Qualifying Precipitation Event visual inspections at least once every 24-hour period during a Qualifying Precipitation Event. Qualifying Precipitation Events are extended for each subsequent 24-hour period forecast to have at least 0.25 inches of precipitation.

When is a “post-Qualifying Precipitation Event visual inspection” required?

The CGP requires post-Qualifying Precipitation Event visual inspections within 96 hours after each qualifying precipitation event that accumulates 0.5 inches or more precipitation. If 0.5 or more inches of precipitation has not accumulated by the end of a Qualifying Precipitation Event, then a post-Qualifying Precipitation Event inspection is not required.

Who can perform visual inspections?

Please note that QSDs can perform both QSD and QSP duties while QSPs can only perform QSP duties. Trained delegates can only perform inspections if they have received site-specific training on inspections from the QSP.

Does the State Water Board provide inspection form templates?

Attachments D and E, Section III.C.7 lists minimum requirements for inspection checklists. Dischargers may develop their own inspection forms or use templates prepared by other organizations (e.g., CASQA) that satisfy the minimum criteria for their specific site.

Is a discharger required to document rain totals from the on-site rain gauge?

Yes. Per Attachment Dand E, Section III.C.7, the inspector is required to document precipitation amounts each inspection, regardless of any precipitation, by checking the on-site rain gauge.

What sampling is required?

Stormwater discharge sampling is required for:

• All Risk Level 2 and 3/LUP Type 2 and 3 project sites that discharge stormwater runoff,
• All Risk Level/LUP Type project sites when there is evidence of pollutant releases that are not visually detectable in stormwater discharge and release of the substances could cause or contribute to an exceedance of water quality objectives in the receiving waters,
• All Risk Level/LUP Type project sites that are complying with the active treatment requirements in Attachment F,
• All Risk Level/LUP Type project sites that are complying with the Ocean Plan requirements in Attachment I, and
• All Risk Level/LUP Type project sites that are complying with the dewatering requirements in Attachment J.

Receiving water sampling is required for:

• Risk Level 3/LUP Type 3 project sites that directly discharge into receiving waters and triggered receiving water monitoring by exceeding applicable pH or turbidity limits.

---

Reporting

When are dischargers required to submit field sampling analytical results through SMARTS?

Dischargers are required to submit all field sampling analytical results within 30 days of the precipitation event and within 10 days if the results demonstrate the exceedance of a numeric action level or numeric effluent limitation. If a discharger collects a sample that was not required by the permit, the discharger is still required to submit the analytical results.
Dischargers submit sampling results in SMARTS through “Ad Hoc” reports.

Do all dischargers need to submit an Annual Report?

Dischargers that are enrolled under the CGP’s Notice of Intent coverage for at least 90 days during the reporting period (July 1 through June 30) must submit Annual Reports for projects. Dischargers are required to submit the Annual Report in SMARTS by September 1st each year. Dischargers with a Small Construction Rainfall Erosivity Waiver or Notice of Non-Applicability are not required to submit an Annual Report.

If a discharger conducted construction activities for less than 90 days within the reporting year, but had Notice of Intent coverage for more than 90 days within the reporting year, do they still have to submit an Annual Report?

Yes, an Annual Report is required, however, the reporting will be reduced. The discharger would answer “No” to the first question of the Annual Report and provide an explanation, at which point they will be prompted to certify and submit the Annual Report. This includes dischargers with Inactive Status that conducted construction activities for less than 90 days within the reporting year.

For the Annual Report summaries, what is the difference between a “corrective action” and “violation”?

Violations of the permit occur when the discharger does not comply with one or more permit requirements. Corrective actions are the actions dischargers take to address deficiencies, which may or may not be violations.

---

Inactive Projects

Construction for the project will be suspended for a few months, what options does the discharger have?

Section III.G. of the 2022 CGP introduced a provision that allowed dischargers the option to place their project in an “inactive” status if construction activities are suspended for 30 days or longer. The discharger must submit a COI with a revised SWPPP containing a revised site map depicting the current status of construction and photographs conveying temporary stabilization. Once approved, the discharger has reduced inspection and no sampling requirements, however, the discharger is still responsible for complying with all other applicable permit requirements.

Construction for the project will be suspended for a year or more, what options does the discharger have?

Although Section III.G. of the 2022 CGP introduced a provision that allowed dischargers the option to place their project in an “inactive” status if construction activities are suspended for 30 days or longer, the discharger should consider terminating permit coverage per Section III.H. In doing so, the discharger will no longer need to comply with the permit requirements or pay the annual fee. Once construction activities are scheduled to resume, the discharger will be required to re-obtain permit coverage and resume paying the applicable fees.

---

Post-Construction

How do traditional construction project dischargers know whether to comply with the Municipal Separate Storm Sewer System (MS4)’s post-construction requirements or the 2022 CGP’s post-construction requirements?

The discharger should refer to the surrounding municipality’s (city or county) planning department to confirm whether or not the project is located within an area served by an NPDES-permitted MS4. If the project is contained within an area served by an NPDES-permitted MS4, the project must comply with that municipality’s post-construction requirements. If the project is located outside of the NPDES-permitted MS4 jurisdiction, then the discharger would comply with the 2022 CGP’s post-construction requirements.

What post-construction requirements does a discharger comply with if they are located within an NPDES-permitted MS4’s jurisdiction but exempt from their post-construction requirements?

If the discharger is exempt from an NPDES-permitted MS4’s post-construction requirements, they are not required to implement post-construction BMPs. The discharger shall upload a document stating that they are exempt and a document referencing the NPDES-permitted MS4’s post-construction requirement exemption when submitting a Notice of Intent in SMARTs.

Are linear underground and overhead project dischargers required to comply with post-construction requirements?

No, linear underground and overhead projects are not subject to post-construction requirements in the CGP due to the nature of their construction activities.

How do I submit required post-construction documents when applying for permit coverage?

The discharge is required to submit post-construction plans and calculations by selecting the “Post Construction” file type in SMARTS. If within an NPDES-permitted MS4 jurisdiction, the discharger must also upload a document referencing the NPDES-permitted MS4’s post-construction requirements for Water Board staff to confirm post-construction compliance, using the file type “MS4 Post Construction Reqts” in SMARTS.

Why do post-construction plans need to be submitted with the initial Permit Registration Documents instead of at the end of the project with the NOT?

Order Section III.A.1 requires the submittal of post-construction plans with permit registration documents because prior to this requirement, there were instances when NOTs were rejected based on post-construction plans and calculations not being accurate or up to NPDES-permitted MS4 standards, which resulted in delays in terminating coverage. It is best to have post-construction plans prepared in the initial stages of submitting an NOI. Post-construction plans can be revised via a Change of Information.

Can the post-construction plan, as required to be submitted with the initial Permit Registration Documents, be preliminary?

Dischargers may submit preliminary post-construction plans and calculations with initial Permit Registration Documents and then submit a Change of Information in SMARTS within 14 days of receiving approval of the post-construction plans from the NPDES-permitted MS4.

What is a long-term maintenance plan as it pertains to post-construction?

A long-term maintenance plan is a document that describes the party responsible for maintaining the post-construction features, the maintenance activities, and the maintenance frequency. The plan shall be designed for a minimum of 5 years.

---

Terminating Permit Coverage

Does permit coverage automatically expire/terminate once the construction project is complete?

No. The discharger must continue to comply with the permit requirements until a Notice of Termination (NOT) is submitted in SMARTS and approved by the applicable Regional Water Board. Once the NOT is approved, permit coverage is officially terminated, and a notification will be sent to the discharger.

What if I sell the property prior to completing construction?

The discharger must submit an NOT to terminate permit coverage, and the new owner must submit new Permit Registration Documents to obtain a new WDID. For ongoing construction activity involving a change of ownership, the new owner must review the existing SWPPP and determine if it is appropriate for the construction activity being undertaken. If it is not in compliance, then the SWPPP must be amended, or a new SWPPP must be developed.

Can the discharger terminate or sell a portion of the construction site while permitted under the Construction Stormwater General Permit?

Yes, the 2022 CGP allows a discharger to terminate coverage over portions of a construction project if those portions have been sold to another owner. Permit coverage is not transferable, so the responsibility to obtain permit coverage, update the SWPPP, and comply with permit requirements becomes that of the new owner. The seller must notify the new owner about their responsibilities concerning the permit and must notify the State Water Board by submitting the new owner's name, address, and phone number on the COI form for the termination to be processed. The seller must also disclose the state of construction, primarily if construction activity is ongoing, or if the post-construction requirements are completed. Please see Order, Section III.F.2 “Reduce Acreage” for further clarification.

How does a discharger terminate sites when they have programmatic permit coverage?

Each individual site is terminated separately through a Linear Construction Termination Notification (LCTN) in SMARTS. The site must meet the termination conditions in Order Section III.H.3 and the discharger must include photos demonstrating final stabilization.
Dischargers seeking to terminate programmatic permit coverage must first submit LCTNs for all active LCANs and then submit a NOT for programmatic permit coverage.

What can a discharger do to expedite the review of the NOT?

First, ensure that the NOT meets all the requirements set forth in Order Section III.H of the 2022 CGP and all the required information is submitted in SMARTS. As set forth in Order Section III.H.7, the NOT will be automatically approved after 30 calendar days unless, within 30 calendar days the Regional Water Board notifies the discharger through SMARTS that the NOT has been denied, returned, or accepted for review.  If the applicable Regional Water Boards has accepted the NOT for review, but no further action has been taken in over 30 days, then it is recommended to directly reach out to the specific Regional Water Board to check on the status of the NOT. You can find the Regional Water Board contact information here.

The NOT has been approved; however, the discharger just received an invoice and have other outstanding invoices that have not been paid. Is payment still required for the outstanding invoices?

Dischargers have 90 days from their “Invoice Date” to submit a NOT to cancel the most recent invoice. So long as the NOT is submitted within the 90-day grace period and the NOT is later approved, the most recent invoice may be cancelled, and no payment will be required. However, if the NOT was not submitted within the 90-day grace period, then the most recent invoice remains valid and requires full payment. If the NOT is not approved, the invoice remains due. All outstanding invoices must be paid to officially terminate permit coverage.