Everything You Need to Know about the Utah SWPPP and NPDES Permit Requirements

Navigating environmental regulations is critical for ensuring compliance and avoiding costly project delays. In Utah, stormwater management involves adhering to the Utah Pollutant Discharge Elimination System (UPDES) Construction General Permit while developing a comprehensive Stormwater Pollution Prevention Plan (SWPPP). This article outlines the SWPPP requirements, UPDES permit distinctions, and the steps for submitting a Notice of Intent (NOI) for permit coverage.

What is a Stormwater Pollution Prevention Plan (SWPPP)?

A SWPPP is a site-specific document designed to minimize pollutants in stormwater runoff during construction. It details measures to manage sediment, erosion, and other pollutants, ensuring compliance with state and federal environmental regulations.

Who Needs a SWPPP in Utah?

In Utah, any construction activity disturbing one acre or more of land must develop a SWPPP and obtain UPDES permit coverage. Smaller projects that are part of a larger common plan of development that cumulatively disturb one acre or more are also subject to these requirements. Projects with less than one acre of disturbance generally do not require a SWPPP or permit coverage unless they are part of a larger regulated development. Specific to Utah, residential homes being built in permitted subdivisions are often considered part of a common plan of development and are under the requirements of a Common Plan Permit as part of the UPDES Permit.

Key Components of a SWPPP

A compliant SWPPP for Utah must include the following elements:

• Site Description:

  • Location and size of the project.

  • Description of construction activities.

  • Identification of potential pollutant sources and their locations.

• Erosion and Sediment Controls:

  • Strategies such as silt fences, sediment basins, and temporary seeding to prevent soil erosion and sediment discharge.

  • Measures should be both described in the narrative and illustrated on the site map.

• Good Housekeeping Practices:

  • Proper storage of materials, waste management, and spill prevention practices to prevent pollutants from leaving the site.

• Inspections and Maintenance:

  • Site inspection frequency is limited to two options per the UPDES permit:

    • Once every 7 calendar days regardless of weather events; or

    • Once every 14 calendar days and within 24 hours of a storm event that either produces ½ inch or more of rain or has runoff from a snow melt sufficient enough to cause discharge from the site.

  • Maintenance schedules for stormwater controls.

• Record Keeping:

  • Detailed logs of inspections, maintenance, and corrective actions to demonstrate compliance.

Understanding UPDES Permit Distinctions

UPDES Construction General Permit

The Construction General Permit (CGP) applies to individual construction sites disturbing one acre or more. This permit requires developers or operators to:

1. Prepare a SWPPP before applying for coverage.

2. Submit a NOI for permit coverage with the UT DEQ.

3. Implement SWPPP measures onsite.

4. Conduct regular inspections and keep thorough documentation.

5. Submit a Notice of Termination (NOT) once final stabilization is achieved.

UPDES Common Plan Permit

The Common Plan Permit applies to smaller projects that are part of a larger development where cumulative land disturbance exceeds one acre. This means even if a single lot in a subdivision disturbs less than one acre, it still falls under the permit requirements if it is part of the larger common plan of development. Operators under this permit must:

1. Coordinate with the overarching developer to ensure compliance with their SWPPP.

2. Maintain Operator’s records of inspections and site-specific practices.

3. Follow all applicable guidelines set forth in the SWPPP for the larger project.

4. Submit a NOI for permit coverage with the UT DEQ.

Steps for Submitting a Notice of Intent (NOI) in Utah

1. Prepare a SWPPP:

   • Develop the plan before applying for permit coverage.

2. Complete the NOI:

   • Provide details such as project location, expected start and end dates, and receiving water bodies.

3. Submit the NOI Online:

   • The UT DEQ partners with the US EPA to manage their stormwater permit applications. Submittal of a NOI must occur through the EPA’s CDX permitting portal. To do so, applicants must create a CDX account and apply to Login.gov to satisfy the two-factor authentication required by the EPA.

4. Pay the Required Fee:

   • The NOI application fee is $150 billed at the time of submission. Once paid, the permit is renewed on an annual basis as needed. To complete a project, a Notice of Termination must be filed to avoid any additional fees.

5. Receive Confirmation of Coverage:

   • Once processed, the DEQ will issue a permit authorization letter with a unique identifier that must be posted at the site entry.

Compliance and Enforcement

Failure to develop a SWPPP, obtain permit coverage, or adhere to the requirements can result in penalties, including fines and potential project delays. Regular audits and inspections by the Utah Division of Water Quality ensure compliance.

Final Thoughts

Understanding and meeting Utah’s SWPPP and UPDES permit requirements is essential for protecting water resources and maintaining project timelines. Whether your project requires a Construction General Permit or falls under a Common Plan Permit, compliance with stormwater regulations is non-negotiable.

Need help navigating SWPPP and UPDES requirements? Contact the qualified stormwater compliance professionals at Eco Permit Pros today to check SWPPP off your to-do list!

Contact Eco Permit Pros