DWQ-2024-004975

FACT SHEET -- STATEMENT OF BASIS
2024 RENEWAL OF THE UTAH CONSTRUCTION STORM WATER GENERAL PERMIT
UPDES PERMIT No. UTRC00000
GENERAL PERMIT INFORMATION: This permit (UTRC00000) renewal serves as a replacement of the previous Storm Water General Permit for Construction Activities (Permit) issued on July 1,
2014 (UTRC00000). The Permit is a general permit that will continue the permit coverage of construction activity for storm water discharges throughout the State of Utah except within
Indian country, which is managed and overseen by the EPA. This Permit covers discharges from construction activities as defined in Utah Administrative Code (Utah Admin. Code) R317-8-3.9(6)(d)10
(construction activity 5 acres or more) and R317-8-11.3(6)(e)1 (construction activity 1 to 5 acres).
BACKGROUND: The State of Utah was granted primacy in the National Pollutant Discharge Elimination System (NPDES) program by the USEPA in 1987. Utah’s program is known as Utah Pollutant
Discharge Elimination System (UPDES). The storm water program is one part of the UPDES program. Utah began issuing Permit coverage in 1992 for sites disturbing greater than or equal
to five acres, or less than five acres if part of a common plan of development or sale that was five acres or greater. During this time period the storm water program was referred to
as Phase I. In 2002, Phase II of the storm water program was implemented in Utah wherein the UPDES storm water program added a Permit requirement for small construction sites, which
are one to five acres, or less than an acre if part of a common plan of development or sale that is one acre or greater.
The Division of Water Quality (DWQ) presently handles most storm water permit coverage by issuing general permits, although it reserves the authority to issue individual permits as needed.
Approximately 5,000 to 6,000 construction sites are currently covered under the Permit at any time.
The Permit for the UPDES program started with a modified version of the early EPA Construction General Permit (CGP). From there the Permit has been renewed every five years (as required
by the Clean Water Act). This current revision of the Permit is modeled after the 2022 EPA CGP, adapted to Utah climate, business practices, and state program.
A storm water pollution prevention plan (SWPPP) is required by this Permit to address the exposure of pollutants inherent in each proposed construction process at each site, so that
activities, materials, and processes are managed by Best Management Practices (BMPs) to minimize pollutants being transported off the site by storm water runoff. Specific self-inspection
requirements and frequencies are included to ensure maintenance and effectiveness of BMPs. Stabilization of the site is required prior to termination of Permit coverage to prevent the
discharge of pollutants after the completion of construction.
SIGNIFICANT CHANGES FROM THE EARLIER PERMIT:
For sections that have been removed, the wording has been identified in red with a line through it. For new parts that have been added, the wording is identified in red. This fact sheet
only includes significant changes to the Permit. For the purposes of this document, significant changes shall include those changes that are large or important enough to affect or impact
a requirement to a noticeable degree (i.e. not to include wording changed for clarity, organizational changes, Utah Admin. Code or Code of Federal Regulations (C.F.R.) updates, Permit
part references, grammatical corrections, etc.).
Part 1 – COVERAGE UNDER THIS PERMIT
1.2.1(c): Authorized Discharges
2024 PERMIT
“Stormwater discharges from earth-disturbing activities associated with the construction of staging areas and the construction of access roads conducted prior to active mining.”
The list of authorized storm water discharges was updated in the Permit to include the discharge of storm water from mining sites where construction of staging areas and access roads
are being added prior to the beginning of mining activities. Mining sites are required to obtain Permit coverage for these earth-disturbing and site preparation activities and then,
once active mining begins, obtain coverage under the Multi-Sector General Permit (MSGP) for Storm Water Discharges Associated with Industrial Activities.
1.4.2: How to Submit Your NOI
2019 Permit
“NOIs and permit fees may be submitted online at https://cdxnodengn.epa.gov/net-cgp/action/login. A paper copy of the NOI form may be downloaded from the DWQ construction storm water
web site at https://documents.deq.utah.gov/water-quality/stormwater/DWQ-2017-004363.pdf,filled out and mailed, with permit fee, to:”
2024 Permit
“You must use EPA’s NPDES eReporting Tool (NeT) to electronically prepare and submit your NOI for coverage under the Permit unless the Director grants a waiver from electronic reporting.
To access NeT, go to https://cdx.epa.gov/cdx/.
You may obtain a waiver from electronic reporting based on one of the following conditions:
If your operational headquarters is physically located in a geographic area (i.e., ZIP code or census tract) identified as under-served for broadband Internet access in the most recent
report from the Federal Communications Commission; or
If you have limitations regarding available computer access or computer capability.
A request for a waiver from electronic reporting should be made in writing, identify which condition in Part 1.4.2 qualifies you for a waiver, be signed in accordance with the requirements
of Part 9.9, and be mailed to the address below. If the Director grants you approval to use a paper NOI and you elect to use it, a paper copy of the NOI form may be downloaded from the
DWQ construction storm water web site at https://deq.utah.gov/water-quality/general-construction-storm-water-updes-permits, filled out and mailed, with the Permit fee, to:”
Since 2020 DWQ has utilized EPA’s NPDES eReporting Tool (NeT), which allows for the submittal of NOIs and the payment of Permit fees. This change allows for greater efficiency in administrative
processing and faster turnaround time for operators seeking to obtain Permit coverage compared to the submittal of paper NOIs. In order to accommodate those with internet connection,
computer access, or computer capability, a request for a waiver from the electronic reporting system is included in the Permit which allows the operator to submit paper copies and make
applicable payments via mail.
1.4.3: Modifying Your NOI
2024 Permit
“If after submitting your NOI you need to correct or update any fields, you may do so by submitting a “Change NOI” form using NeT-CGP. You may obtain a waiver from electronic reporting
as specified in Part 1.4.2. If granted approval to submit a paper NOI modification, you may indicate any NOI changes on the NOI form available on the DWQ construction storm water web
site at https://deq.utah.gov/water-quality/general-construction-storm-water-updes-permits and send the updated NOI to the address in Part 1.4.2.
You must submit the following modifications to an NOI form within 30-days of the change:
Changes to the name of the owner or operator;
Changes to the project or site name;
Changes to the estimated area to be disturbed; or
Changes to the name of the receiving water body, or additions to the applicable receiving waters.”

This section was added to the Permit to explain where NOI changes can be made, but also to include a 30day deadline to make changes that could have an impact on major contact, project,
or potential pollutant information. It also helps ensure the most accurate information is being used on the NOI.
All “Change NOIs” submitted through NeT automatically notify DWQ via email of the change and no additional notification would be required to be given to DWQ by the operator. If the operator
has submitted the electronic waiver discussed in Part 1.4.2, an updated NOI would need to be submitted to summarize the changes. If the change made to the NOI were to result in a need
for an individual permit or alternative coverage, DWQ still has the ability to deny coverage or require NOI changes at any time under Part 1.4.5.
1.4.2(c): Start and Endof Permit Coverage and Deadlines
2019 Permit
“when this general permit (UTRC00000) expires, if no arrangement has been made for continuing coverage, NOIs may need to be submitted for continuing coverage under a new or reissued
replacement permit.”
This Part was revised to clarify the renewal process. Each time there is a new Permit or a modification to this Permit, all operators covered under thatPermit are required tocomply with
the most current version of the Permit while the project is under construction. If continuing coverage under the new version of the Permit is desired, then the project must come into
compliance with any new Permit requirements as the most current version becomes effective. This acknowledgment is contained in and certified for all new NOIs when the NOI is submitted.
If a modification or reissuance occurs, the Permit will be public noticed in accordance with Utah Admin. Code R317-8-6.
Part 2 – TECHNOLOGY-BASED EFFLUENT LIMITATIONS
2.1.4: Ensure that all storm water controls are maintained
2019 Permit
Ensure that all storm water controls are maintained, remain in effective operating condition during permit coverage, and are protected from activities that would reduce their effectiveness.
Comply with any specific maintenance requirements for the storm water controls listed in this permit. Regular maintenance is expected and is not limited to response actions from inspections
or identified problems.
Follow maintenance recommendations from the manufacturer or utilize good engineering practices based on site conditions and document deviations from manufacture recommendations.
Any time maintenance issues are discovered in storm water controls, make repairs immediately if practical, prior to weather or activities utilizing the control, or within seven business
days, whichever comes first.
Any time you find that a storm water control needs to be installed (where none had previously been), replaced, or removed, you must record the corrective action as required in Part 5.
2024 Permit
Ensure that all storm water controls are maintained, remain in effective operating condition during Permit coverage, and are protected from activities that would reduce their effectiveness.
Comply with any specific maintenance requirements for the storm water controls listed in this Permit.
If at any time you find that a storm water control needs routine maintenance (i.e. minor repairs or other upkeep performed to ensure the site’s storm water controls remain in effective
operating condition, not including significant repairs or the need to install a new or replacement control), you must immediately initiate the needed work, and complete such work by
the close of the next business day. If it is infeasible to complete the routine maintenance by the close of the next business day, you must document why this is the case and why you
consider the repair or other upkeep to be routine maintenance in your inspection report under Part 4.7.1 and complete such work no later than seven (7) calendar days from the time of
discovery of the condition requiring maintenance.
If you must repeatedly (i.e., three (3) or more times) make the same routine maintenance fixes to the same control at the same location, even if you can complete the fix by the close
of the next business day, you must either:
Complete work to fix any subsequent repeat occurrences of this same problem under the corrective action procedures in Part 5, including keeping any records of the condition and how you
corrected it under Part 5.4; or
Document in your inspection report under Part 4.7.1 why you still consider the specific reoccurrence of this same problem as a routine maintenance fix under this Part.
If at any time you find that a storm water control needs a significant repair or that you need a new or replacement control, you must comply with the corrective action deadlines for
completing such work in Part 5.2.
In an effort to eliminate the confusion between routine maintenance and corrective actions, the wording for this part changed.This change was brought to the attention of EPA in the latest
Permit renewal from construction industry representatives as there was “considerable confusion as to the difference between routine maintenance and corrective action.” The language in
the Permit, taken to reflect the EPA CGP, includes the following as justification for the change: “It is apparent that this confusion has resulted in a tendency among permittees to treat
the vast majority of necessary on-site repairs to stormwater controls as routine maintenance when some are more significant and should, therefore, be treated as corrective action under
Part 5. To remedy this confusion, and to improve compliance within the Permit, EPA is defining, for the first time, routine maintenance in Part 2.1.4 as “minor repairs or other upkeep
performed to ensure the site’s stormwater controls remain in effective operating condition, not including significant repairs or the need to install a new or replacement control.” By
contrast, if what is needed is a significant repair (e.g., the control needs to be temporarily taken off line and special equipment or a major replacement part is needed) or a replacement
or completely different control, then the operator must treat this as a corrective action under Part 5.”
2.2.2: Preserve naturally vegetated areas
2019 Permit
Preserve naturally vegetated areas where possible and, if feasible, direct storm water to these areas to maximize storm water infiltration and filtering to reduce pollutant discharges.
2024 Permit
Preserve naturally vegetated areas where possible and, if feasible, direct storm water to these areas to maximize storm water infiltration and filtering to reduce pollutant discharges,
unless there are groundwater contamination concerns or infiltration is infeasible due to site conditions.
This includes the need to be cautious of potential groundwater contamination concerns in the event the site is dealing with potential groundwater pollutants (i.e. fuels, pesticides,
fertilizers, etc.). The Permit provides the operator with an exception to the requirement to maximize stormwater infiltration if, in their judgment, infiltration would be inadvisable
due to the underlying geology and ground water contamination concerns, or infeasible due to site conditions. Operators should consider whether factors such as specific contaminant concerns
from the construction site, the underlying soils or geology, hydrology, depth to the ground water table, or proximity to source water or wellhead protection area(s) make the site unsuitable
for infiltrating construction stormwater. Site conditions that may be of particular concern include proximity to: a current or future drinking water aquifer; a drinking water well or
spring (including private/household wells); known pollutant hot spots, such as hazardous waste sites, landfills, gas stations; an on-site sewage system or underground storage tank; or
soils that do not allow for infiltration.
2.2.3:Install sediment controls

2019 Permit
Install sediment controls along any perimeter areas of the site thatwill receive pollutant discharges.
Remove sediment before it has accumulated to the point where the control has become ineffective. Often that isone-half of the above-ground height of any perimeter control.
Exception. For areas at “linear construction sites” (as defined in Part 10) where perimeter controls are infeasible (e.g., due to a limited or restricted right-of-way), implement other
practices as necessary to minimize pollutant discharges to perimeter areas of the site.
2024 Permit
Install sediment controls along any perimeter areas of the site that are downslope from any exposed soil or other disturbed areas.
You must install the perimeter control upgradient of any natural buffers established under Part 2.2.1, unless you are implementing the control pursuant to Part 2.2.1.a(1) or (2);
To prevent stormwater from circumventing the edge of the perimeter control, install the perimeter control on the contour of the slope and extend both ends of the control up slope (e.g.,
at 45 degrees) forming a crescent rather than a straight line;
After installation, to ensure that perimeter controls continue to work effectively:
Remove sediment before it has accumulated to one-half of the above-ground height of any perimeter control; and
After a storm event, if there is evidence of stormwater circumventing or undercutting the perimeter control, extend controls and/or repair undercut areas to fix the problem.
Exception. For areas at “linear construction sites” (as defined in Part 10) where perimeter controls are infeasible (e.g., due to a limited or restricted right-of-way), implement other
practices as necessary to minimize pollutant discharges to perimeter areas of the site
The requirement instructs operators as to where downslope sediment controls must be installed so that they are effectively situated to minimize the discharge of pollutants from the site.
The Permit clarifies the description of where perimeter controls must be installed by specifying that they be installed “downslope from any exposed soil or other disturbed areas.” This
represents a slight change from the language used in the 2019 Permit provision, which emphasized that the controls be installed along perimeter areas that “will receive pollutant discharges.”
While the location on the site where perimeter controls are required remains the same, this change offers a clearer way of describing where the perimeter controls must be installed.
The Permit also includes additional perimeter control installation and maintenance requirements that are focused on ensuring that these controls continue to work effectively. One added
provision requires the operator to “install the perimeter control on the contour of the slope and extend both ends of the control up slope (e.g., at 45 degrees) forming a crescent rather
than a straight line.” The purpose of this requirement is to prevent stormwater from flowing around the sides of the perimeter control.
The Permit also includes one new provision specifically focused on proper maintenance of perimeter controls. Under the provision, the operator is required after a storm event to extend
the perimeter control or repair any undercut areas, whichever applies, if there is evidence of stormwater circumventing or undercutting the control. The Permit also changed the passive
language about when a control was considered ineffective and requires sediment to be removed at one-half of the above-ground height of any perimeter control. This is consistent with
the maintenance criteria in EPA’s Best Management Practices (BMPs) specifications as well as other state BMP guidelines for these controls.
The requirement in (d) above provides flexibility for linear construction sites by allowing them to document in the SWPPP when it is infeasible to install perimeter controls in certain
areas of the site, and instead allowing the use of other types of practices that will adequately minimize pollutant discharges to perimeter areas of the site.
Footnote 25: Examples of effective means
2024 Permit
25 Examples of effective means include:
Providing secondary containment (e.g., spill berms, dikes, spill containment pallets) and cover where appropriate; and
Having a spill kit available on site and ensuring personnel are available to respond expeditiously in the event of a leak or spill.
Examples of effective measures to eliminate the discharge of spilled or leaked chemicals include, but are not limited to, locating activities away from receiving waters, storm drain
inlets, or other stormwater conveyances so that stormwater coming into contact with these activities cannot reach receiving waters; providing secondary containment (e.g., spill berms,
dikes, spill containment pallets) and cover where appropriate; and having a spill kit available on site and ensuring personnel are available to respond expeditiously in the event of
a leak or spill.
2.3.3: For storage, handling, and disposal of building products and materials
2019 Permit
For building materials and building products that have the potential to mobilize or release pollutants, provide either (1) cover (e.g., plastic sheeting, temporary roofs) to minimize
theexposure of these products to precipitation and to storm water, or (2) a similarly effective meansdesigned to minimize the discharge of pollutants from these areas.
2024 Permit
For building materials and building products, provide either (1) cover (e.g., plastic sheeting, temporary roofs) to minimize theexposure of these products to precipitation and to storm
water, or (2) a similarly effective meansdesigned to minimize the discharge of pollutants from these areas.
Exception:You may choose not to minimize exposure in cases where the exposure to precipitation and to storm water will not result in a discharge of pollutants, or where exposure of a
specific material or product poses little risk of storm water contamination (such as final products and materials intended for outdoor use).
This exception was added in place of the removed wording to be more direct and to clarify what was intended by the previous Permit. Products that do not have the potential to discharge
pollutants or that pose little risk to storm water contamination, do not need to be covered as the intended purpose of this Part in the Permit it to prevent the discharge or mobilization
of pollutants. Products that are designed for outdoor use and exposure to storm water (i.e. final products and materials) do not present a risk to storm water.
2.3.3(c): For diesel fuel, oil, hydraulic fluids, other petroleum products, and other chemicals
2019 Permit
Store chemicals in water-tight containers, and provide either (1) cover (e.g., plastic sheeting, temporary roofs) to minimize the exposure of these containers to precipitation and to
storm water, or (2) a similarly effective means designed to minimize the discharge of pollutants from these areas (e.g., having a spill kit available on site and ensuring personnel are
available to respond expeditiously in the event of a leak or spill), or provide secondary containment (e.g., spill berms, decks, spill containment pallets);
2024 Permit
The following requirements apply to the storage and handling of chemicals on your site. If you are already implementing controls as part of an SPCC or other spill prevention plan that
meet or exceed the requirements of this Part, you may continue to do so and be in compliance with these provisions provided you reference the applicable parts of the SPCC or other plans
in your SWPPP as required in Part 7.3.5.b(7).
If any chemical container has a storage capacity of less than 55 gallons:
The containers must be water-tight, and kept closed, sealed, and secured when not actively used;

If stored outside, use a spill containment pallet or similar device to capture small leaks or spills; and
Have a spill kit available on site that is in good working condition (i.e. not damaged, expired, or used up) and ensure personnel are available to respond immediately in the event of
a leak or spill.
If any chemical container has a storage capacity of 55 gallons or more:
The containers must be water-tight, and kept closed, sealed, and secured when not actively used;
Store containers a minimum of 50 feet from receiving waters, constructed or natural site drainage features, and storm drain inlets. If infeasible due to site constraints, store containers
as far away from these features as the site permits. If site constraints prevent you from storing containers 50 feet away from receiving waters or the other features identified, you
must document in your SWPPP the specific reasons why the 50-foot setback is infeasible, and how you will store containers as far away as the site permits;
Provide either (1) cover (e.g., temporary roofs) to minimize the exposure of these containers to precipitation and to stormwater, or (2) secondary containment (e.g., curbing, spill berms,
dikes, spill containment pallets, double-wall, above-ground storage tank); and
Have a spill kit available on site that is in good working condition (i.e., not damaged, expired, or used up) and ensure personnel are available to respond immediately in the event of
a leak or spill. You can find additional secondary containment measures listed in 40 C.F.R. 112.7(c)(1).
DWQ recognizes where there is a relatively small amount of these chemicals on site, the types of pollution prevention practices required should be ones that are more suitable to moving
around the site and do not require either a roof structure or secondary containment. By comparison, where a larger amount of chemical is being used and stored on site, the types of practices
required should reflect the potential increased risk from a spill of a larger size by requiring a roof or something as effective, or secondary containment.
Where smaller amounts of chemicals are kept on site, the controls used to prevent and treat a possible spill and leak should be able to be moved around the project site wherever the
materials are being used or stored. Consistent with this principle, the Permit establishes control requirements that are appropriate for smallersized containers by requiring that the
operator use water-tight containers that are kept closed, sealed, and secured when not being actively used, place them on a spill containment pallet (or similar device) if kept outside,
and have available at all times a spill kit in good working condition and personnel available to respond quickly to a spill or leak. These controls will be effective at preventing a
discharge from a spill or leak, while also having the added advantage of being able to be maneuvered more easily around the site.
By comparison, where larger chemical containers will be present at the site, the Permit includes controls that are more geared to the storage of chemical material in a fixed location
and that are effective at preventing pollution from a larger spill or leak that could pose a significantly higher risk to the receiving water.
These new requirements are not materially different from those of the 2019Permit. The main difference is that the requirements are reorganized so that the types of controls for small
and large containers are appropriate for their relative risk and the controls needed to prevent and abate a spill or leak. The threshold for determining which types of controls apply
is whether the storage capacity of individual chemical containers on site is above or below 55 gallons. DWQ chose 55 gallons as a threshold based on the EPA CGP and 40 C.F.R.Part 112
(Oil Pollution Prevention Regulations), which uses this same volume for measuring the size of oil containers that require protection. In the Oil Pollution Prevention regulatory context,
55 gallons is used to define the oil container size for determining if the site has more than 1,320 gallons of oil, in which case the regulatory requirements apply. Using the 55-gallon
threshold in the context of the Permit enables DWQ to establish an objective means of determining whether the amount of oil or other chemical at a construction site is relatively small
or large at a construction site, and provides an approach that is consistent with existing regulatory requirements that already apply to such containers.
2.3.3(e): For construction and domestic wastes
2019 Permit
Provide containment or cover for waste that is blowable or that can leach nutrients, metals, pesticides, herbicides, oil, grease, bacteria, or other pollutants;
2024 Permit
(For waste containers with lids, keep waste container lids closed when not in use, and close lids at the end of the business day and during storm events. For waste containers without
lids, provide either (1) cover (i.e. a tarp, plastic sheeting, temporary roof) to minimize exposure of wastes to precipitation, or (2) a similarly effective means designed to minimize
the discharge of pollutants (i.e. secondary containment).
Exception: You may choose not to provide a covering or a containment for waste containers that only contain clean sorted waste and do not contain waste that has the potential to blow
out (i.e. foam, plastic, paper) or to leach out of the bottom of the container.
By keeping waste containers covered with a lid or other covering, there is little to no exposure with stormwater or wind that could cause pollutants to blow out or leach out of the container.
DWQ urges operators to exercise caution in applying the exception. It should be fairly easy for operators to determine whether certain waste materials like the waste remnant or unused
portions of rock (e.g., gravel, stone, riprap) and untreated lumber, board, and composite wood (e.g., plywood) qualify for the exception. Other waste materials, however, such as blast
rock or rebar, may contain pollutant residues or rust that could be discharged when exposed to stormwater, thereby disqualifying them for the exception. Where there is any doubt whether
the exception applies, the operator is expected to err on the side of caution and store such materials in containers as required.
2.3.4: For washing applicators and containers used for stucco, paint, concrete, form release oils, curing compounds, or other materials
2019 Permit
Handle washout or cleanout wastes as follows:
Do not dump liquid wastes in storm sewers or waters of the state;
Dispose of liquid wastes properly.
2024 Permit
Handle washout or cleanout wastes as follows:
For liquid wastes:
Do not dump liquid wastes or allow them to enter into constructed or natural site drainage features, storm drain inlets, or waters of the state; and
Do not dispose of liquid wastes through infiltration or otherwise on the ground.
In addition to the requirement prohibiting dumping of liquid wastes or allowing them to enter storm sewers or waters of the state, the Permit also clarifies that these wastes must not
be disposed of through infiltration or on the ground.This requirement was taken from the 2022 EPA CGP to be in alignment with the Federal requirement.
Part 3 – WATER QUALITY-BASED EFFLUENT LIMITATIONS
3.2: Water Quality-Based Conditions for Sites Discharging to Certain Impaired and High-Quality Receiving Waters
2024 Permit
If you discharge to a water impaired for polychlorinated biphenyls (PCBs) and are engaging in demolition of any structure with at least 10,000 square feet of floor space built or renovated
before January 1, 1980, you must:

3.2.1 Implement controls to minimize the exposure of PCB-containing building materials, including paint, caulk, and pre-1980 fluorescent lighting fixtures, to precipitation and to stormwater;
and
3.2.2 Ensure that disposal of such materials is performed in compliance with applicable State, Federal, and local laws.
To be in alignment with the 2022 EPA CGP, this languagewas added at the request of the EPA. Part 3.2 requires operators discharging to waters impaired for polychlorinated biphenyls (PCBs)
to implement controls to minimize the exposure of building materials containing polychlorinated biphenyls(PCBs) to precipitation and stormwater during demolition of any structure with
at least 10,000 square feet of floor space built or renovated before January 1, 1980. Buildings and structures originating or remodeled between the years of 1950-1979 often contain polychlorinated
biphenyls (PCBs) in materials such as caulk and paint. Without proper controls, the demolition of such structures can cause PCBs to be released into the environment and discharged into
receiving waters during storm events. To address this concern, Part 3.2 requires controls to be implemented to minimize exposure of building materials containing PCBs to precipitation
and stormwater, and to ensure that such materials are disposed in compliance with applicable State, Federal, and local laws. The requirement is limited to the demolition of buildings
or structures with at least 10,000 square feet of floor space built or renovated before January 1, 1980, on sites that discharge to PCB-impaired waters. This requirement helps to ensure
that authorized discharges will meet water quality standards.
The presence of PCBs in certain building components, especially in caulk and fluorescent light bulbs, has been a focus of EPA’s research over the past several years. The following is
asummary of the findings from EPA studies establishing the presence of PCBs in building materials, particularly in school buildings:
Caulk put in place between 1950 and 1979 may contain as much as 40 percent PCBs and can emit PCBs into the surrounding air. PCBs from caulk may also contaminate adjacent materials such
as masonry or wood.
Fluorescent lighting fixtures that still contain their original PCB-containing light ballasts have exceeded their designed lifespan, and the chance for rupture and emitting PCBs is significant.
Sudden rupture of PCB-containing light ballasts may result in exposure to the occupants and may also result in the addition of significant clean-up costs.
Some building materials (e.g., paint and masonry walls) and indoor dust can absorb PCB emissions and become potential secondary sources for PCBs. When the primary PCB-emitting sources
are removed, the secondary sources often emit PCBs.
See EPA’s webpage, Polychlorinated Biphenyls (PCBs) in Building Materials, located at https://www.epa.gov/pcbs/polychlorinated-biphenyls-pcbs-building-materials, for more information.
There are a variety of controls that can be implemented to minimize the potential discharge of PCBs from demolition activities, and can also be effective in controlling the release of
other hazardous substances like asbestos and lead-paint. The following examples provide guidance for operators in selecting the site-specific controls to meet this requirement in Part
3.2. These examples are not required or exhaustive. Operators have flexibility in selecting the specific controls they will implement to meet this requirement in Part 3.2 but must ensure
that such controls minimize exposure of building materials to precipitation and stormwater, and ensure that such materials are properly disposed. Operators must also document the selected
controls in the SWPPP.
Separate work areas from non-work areas and select appropriate personal protective equipment and tools.
Construct a containment area so that all dust or debris generated by the work remains within the protected area.
Apply plastic sheeting to the floor, ground, or other applicable surfaces to prevent contamination of the building interior or exterior from dust generated by the work.
Put all necessary tools and supplies on the protective sheeting in the work area before you begin work to avoid stepping off the protective sheeting before the work is complete.
Construct a decontamination area outside of the work area by placing heavy plastic sheeting on the ground. Use this area for removing personal protective equipment and for cleaning equipment
used in the enclosure.
Every time you leave the plastic sheeting, remove disposable shoe covers and wipe or vacuum shoes, especially the soles, before stepping off the plastic sheeting. A large disposable
tack pad on the floor can help to clean the soles of shoes.
Remove or vacuum off Tyvek suits when exiting the work area so the dust stays inside the work area.
For locations where a containment area cannot be constructed, consider the following techniques:
Cover the ground and plants with heavy plastic sheeting to catch debris. The covering should extend at least ten feet out from the building. Secure the covering to the exterior wall
with a wood strip and staples, or tape.
Seal off any vents or air exchange systems into the building that are located within the work area.
Move or cover any playground areas within 20 feet of the work area.
To prevent debris from falling beyond the ten-foot covering when working on the second story or above, extend the sheeting farther out from the base of the building and to each side
of the area where materials are being disturbed.
To prevent the spread of debris when work is close to a sidewalk, street, or property boundary, or the building is more than three stories high, scaffolding sides should be covered in
plastic.
Avoid working in high winds. Otherwise, take special precautions to keep the work area contained when the wind is strong enough to move dust and debris. For example, a wind screen can
be constructed of plastic at the edge of the ground-cover plastic to keep dust and debris from migrating.
For inside work, consider placing the containment area under negative air pressure and/or using high-efficiency particulate air (HEPA).
Use tools that minimize dust and heat (<212°F). Detailed information on tools can be found at https://www3.epa.gov/epawaste/hazard/tsd/pcbs/pubs/caulk/guide/guide-appendix.htm.
When using electromechanical tools, use HEPA vacuum attachments to contain the dust generated.
Use wet sanders and misters to keep down the dust created during sanding, drilling, and cutting.
Leave the work area clean at the end of every day and at the end of the project.
Daily activities include:
Pick up as you go. Put trash in heavy-duty plastic bags.
Vacuum the work area with a HEPA vacuum cleaner frequently during the day and at the end of the day.
Clean tools at the end of the day.
Dispose of or clean off personal protective equipment.
Properly dispose of wastewater produced during the job.
End of project activities include:
Make sure all trash and debris, including building components, are disposed of properly.
Vacuum any exposed surfaces, including walls and ceilings, with a HEPA vacuum cleaner.
Mist dusty sections of the plastic sheeting with water before taking them down to keep dust from becoming airborne again.

Remove plastic sheeting carefully, fold it with the dirty side in, tape it shut, and properly dispose of it.
Visually inspect the site to ensure that no dust or debris is present and re-clean the area thoroughly if you find dust or debris.
The following are also recommended practices for minimizing PCB exposure to workers, building occupants, and community members during demolition activities:
Use site security measures to prevent access of unauthorized persons to the work areas until after the final cleanup. Examples of security measures include:
Lock fence gates or doors to the work areas during off hours.
Place signs, barrier tape and/or cones to keep all non-workers out of the work area. Signs should be in the primary languages of the occupants, and should say "Do Not Enter - Authorized
Personnel Only" and "No Eating, Drinking, or Smoking."
Establish a system to identify authorized persons and any limitations to their approved activities.
Provide a means for approving all visitors to the work area; ensure that trained site personnelaccompany visitors at all times and provide them with appropriate personal protective equipment.
Close windows and doors within 20 feet of the work area to keep dust and debris from getting into the building.
Change out of work clothing before going home, and launder non-disposable protective clothing separately from family laundry.
Part 4 – SITE INSPECTION REQUIREMENTS
4.1: Person(s) Responsible for Conducting Site Inspections
2019 Permit
The person(s) inspecting yoursite may be a person on your staff or a third party you hire to conduct such inspections. You areresponsible for ensuring that theperson who conducts inspections
is a “qualified person” and currently certified.
A “qualified person” is a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions
at the construction site that could impact storm water quality, and the skills to assess the effectiveness of any storm water controls selected and installed to meet the requirements
of this permit, such as but not limited to the following:
Utah Registered Storm Water Inspector (RSI)
Certified Professional in Erosion and Sediment Control (CPESC)
Certified Professional in Storm Water Quality (CPSWQ)
Certified Erosion, Sediment, and Storm Water Inspector (CESSWI)
Certified Inspector of Sediment and Erosion Control (CISEC)
National Institute for Certification in Engineering Technologies, Erosion and Sediment Control, Level 3 (NICET)
Utah Department of Transportation Environmental Control Supervisor (ECS)
2024 Permit
The person(s) inspecting your site may be a person on your staff or a third party you hire to conduct such inspections. You are responsible for ensuring that any person conducting inspections
pursuant to this Part is a “qualified person.” A qualified person is someone who has completed the training required by Part 6.3.
The training requirements were moved from this Part in the Permit to Part 6 – Storm Water Team Formation/Staff Training Requirements. Reference Part 6.3 for changes that were made to
the requirements in this Part.
4.2: Frequency of Inspections
2019 Permit
4.2.1. At least once every seven (7) calendar days; or
4.2.2. Once every 14 calendar days and within 24 hours of the occurrence of a storm event of0.50inches or greater, or the occurrence of runoff from snowmelt sufficient to cause a discharge.28Todetermine
if a storm event of 0.50 inches or greater has occurred on your site, you must eitherkeep a properly maintained rain gauge on your site, or obtain the storm event information from aweather
station that is representative of your location. For any day of rainfallduring normal business hours that measures 0.50 inches or greater, you must record the total rainfall measuredfor
that day in accordance with Part 4.7.1.d.
Footnote 28 – “Within 24 hours of the occurrence of a storm event” means that you must conduct an inspection within 24 hours once a storm event has produced 0.50 inches within a 24-hour
period, even if the storm event is still continuing. Thus, if you have elected to inspect bi-weekly in accordance with Part 4.2.2 and there is a storm event at your site that continues
for multiple days, and each day of the storm produces 0.50 inches or more of rain, you must conduct an inspection within 24 hours of the first day of the storm and within 24 hours after
the end of the storm.
2024 Permit
4.2.1. At least once every seven (7) calendar days; or
4.2.2. Once every 14 calendar days and within 24 hours of the occurrence of:
A storm event that produces 0.50 inches or more of rain within a 24-hour period.
If a storm event produces 0.5 inches or more of rain within a 24-hour period (including when there are multiple, smaller storms that alone produce less than 0.5 inches but together produce
0.5 inches or more in 24 hours), you must conduct one inspection within 24 hours of when 0.5 inches of rain or more has fallen.
If a storm event produces 0.5 inches or more of rain within a 24-hour period on the first day of a storm and continues to produce 0.5 inches or more of rain on subsequent days, you must
conduct an inspection within 24 hours of the first day of the storm and within 24 hours after the last day of the storm that produces 0.5 inches or more of rain (i.e. only two inspections
would be required for such a storm event).30
Runoff from snowmelt sufficient to cause a discharge.
Footnote 36 – For example, if 0.60 inches of rain falls on Day 1, 0.5 inches on Day 2, and 0.25 inches of rain fall on Day 3, you would be required to conduct a first inspection within
24 hours of the Day 1 rainfall and a second inspection within 24 hours of the Day 2 rainfall, but a third inspection would not be required within 24 hours of the Day 3 rainfall.
Part 4.2 provides the operator with a choice between the weekly inspection and bi-weekly inspection frequency. The operator can choose to inspect the site once per week or bi-weekly
as well as additional inspections required within 24 hours of the occurrence a qualifyingstorm event. DWQ specifies that conducting an inspection “within 24 hours” means that once either
of the two triggering conditions (i.e., rainfall or snowmelt) are met the operator has 24 hours from that time to conduct an inspection. For clarification, the 24 hours is counted as
a continuous passage of time, and not counted by business hours (e.g., 3 business days of 8 hours each). When the 24-hour inspection time frame occurs entirely outside of normal working
hours, the operator must conduct an inspection by no later than the end of the next business day.
Multiple day storms: The Permit clarifies that if a storm event produces 0.5 inches or more of rain within a 24-hour period (including when there are multiple, smaller storms that alone

produce less than 0.5 inches but together produce 0.5 inches or more in 24 hours), the operator is required to conduct one inspection within 24 hours of when 0.5 inches of rain or more
has fallen. By contrast, if a storm event produces 0.5 inches or more of rain within a 24-hour period on the first day of a storm and continues to produce 0.5 inches or more of rain
on subsequent days, the operator must conduct an inspection within 24 hours of the first day of the storm and within 24 hours after last day of the storm that produces 0.5 inches or
more of rain (i.e., only two inspections would be required for such a storm event). To help illustrate, the Permit includes the following example in a footnote: if 0.60 inches of rain
falls on Day 1, 0.5 inches of rain falls on Day 2, and 0.25 inches of rain fall on Day 3, the operator would be required to conduct a first inspection within 24 hours of the Day 1 rainfall
and a second inspection within 24 hours of the Day 2 rainfall, but a third inspection would not be required within 24 hours of the Day 3 rainfall.
4.4.2: Arid, Semi-Arid, or Drought-Stricken Areas
2019 Permit
For inspection frequencies (shown below) where it is required to inspect after a storm event, to determine if a storm event of 0.50 inches or greater has occurred on your site you must
either keep a properly maintained rain gauge on your site or obtain the storm event information from a weather station that is representative of your location.
Arid Areas: Inspections are required once a month and within 24 hours of the occurrence of a storm event of 0.50 inches or greater.
b. Semi-Arid Areas: Inspections are the same as in parts 4.2.1 and 4.2.2 except for the seasonally dry times of the year where they go to once a month and within 24 hours of the occurrence
of a storm event of 0.50 inches or greater.29 Where the inspection frequency changes to once a month the SWPPP must show the reference for the seasonally dry time period.
2024 Permit
If it is the seasonally dry period (as defined in Part 10) or a period in which drought is occurring, you may reduce the frequency of inspections to once per month and within 24 hours
of the occurrence of a storm event that produces 0.5 inches of rain or more within a 24-hour period, or within 24 hours of a snowmelt sufficient to cause a discharge. You must document
that you are using this reduced schedule and the beginning and ending dates of the seasonally dry period in your SWPPP. Follow the procedures in Part 4.2.3to determine if a storm event
occurs that produces 0.50 inches or more of rainwithin a 24-hour period. For any 24-hour period during which there is 0.5 inches or more of rainfall, you must record the total rainfall
measured for that day in accordance with Part 4.7.1.e.
Part 4.4.2 of the Permit includes exceptions to the Permit’s default inspection frequency for arid, semi-arid, and drought-stricken areas. The Permit clarifies that the inspection frequency
in these areas and during the seasonally dry period” is once per month and within 24 hours of the occurrence of a storm event that produces 0.5 inches of rain or more within a 24-hour
period, or within 24 hours of a snowmelt sufficient to cause a discharge. This document has included references construction operators can use to help determine if they are located in
an arid or semiarid area, and may therefore be eligible for the alternative stabilization timeframes that apply in those areas.
The Permit also clarifies what is meant by the “seasonally dry period” for arid, semi-arid, and droughtstricken areas. The phrase “seasonally dry period” is used in the Permit to restrict
when operators can make use of the reduced inspection frequency in Part 4.4.2. To establish a consistent approach for the 2024Permit, and to assist operators by making the Permit terms
clearer, DWQ has adopted EPA’s definition of the phrase “seasonally dry period.” The following provides a more detailed discussion of the new definitions.
“Seasonally Dry Periods” are those months in which the long-term average total precipitation is less than or equal to 0.5 inches. Refer to EPA’s Seasonally Dry Period Locator and supporting
maps for assistance in determining whether a site is operating during a seasonally dry period for the area, located at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates.
4.6: Requirements for Inspections
2019 Permit
4.6.6If a discharge is occurring during your inspection:
Identify all discharge points at the site; and
Observe and document the visual quality of the discharge, and take note of the characteristics of the storm water discharge, including color; odor; floating, settled, or suspended solids;
foam; oil sheen; and other indicators of storm water pollutants.
4.6.7 Based on the results of your inspection, complete any necessary maintenance under Part 2.1.4and corrective actionunder Part 5.
2024 Permit
4.6.5Check for signs of sediment deposition that are visible from your site and attributable to your discharge (e.g., sand bars with no vegetation growing on top in receiving waters
or in other constructed or natural site drainage features, or the buildup of sediment deposits on nearby streets, curbs, or open conveyance channels).
4.6.7If a discharge is occurring during your inspection:
Identify all discharge points at the site; and
Observe and document the visual quality of the discharge, and take note of the characteristics of the storm water discharge, including color; odor; floating, settled, or suspended solids;
foam; oil sheen; and other indicators of storm water pollutants. Check also for signs of these same pollutant characteristics that are visible from your site and attributable to your
discharge in receiving waters or in other constructed or natural site drainage features.
4.6.8Based on the results of your inspection:
Complete any necessary maintenance repairs or replacements under Part 2.1.4 or under Part 5, whichever applies; and
Modify your SWPPP site map in accordance with Part 7.4.1 to reflect changes made to your stormwater controls that vary from the current site map.
The Permit is modified in Part 4.6.5 to include the requirement for operators to check for and document signs of sediment deposition that are visible from the site and attributable to
the discharge. Such signs could include, among other things, sand bars with no vegetation growing on top in adjacent receiving waters or in constructed or natural stormwater conveyances,
or visual evidence of the buildup of sediment deposits on nearby streets, curbs, or open conveyance channels. This requirement is intended to address the frequent issue where the operator
does not document obvious signs of sedimentation in the receiving water or deposited in drainage features or on impervious surfaces in or near the site that are caused by its discharge.
The intent of this requirement is to maximize the use of the inspection as an ideal time to examine whether there are any obvious signs of sedimentation attributable to the site’s discharges,
for the operator to document them if there are, and for the operator to take corrective action if necessary. DWQ emphasizes that operators are only required to conduct these observations
from points on the project site or larger common plan of development. The Permit does not require operators to enter onto private property or to inspect portions of the site downstream
that are not visible from the point of discharge from the site.
The Permit is modified in Part 4.6.7to clarify the requirements for inspections that are conducted while a stormwater discharge is occurring. Similar to the Part 4.6.5 requirement to
check for signs of sedimentation that are visible from the site in receiving waters, drainage features, or on other impervious surfaces, DWQ also now requires the operator to look for
other pollutant indicators that are visible from the site and attributable to the discharge in receiving waters or in other constructed or natural site drainage features. The additional
work to complete this examination should be minimal since the previous requirement already required the operator to be making observations of the discharge, and the operator will already
be looking for signs of sedimentation in the same receiving waters or drainage features.
The Permit is modified in Part 4.6.8 to clarify and explain that as part of the inspection, the operator must modify the SWPPP site map if the site’s stormwater controls are no longer

accurately reflected on the current site map. These updates were already required as part of the current Permit. The new clarification serves as a reminder in the Permit that if changes
are observed during an inspection from what was depicted on the site map, this would be the appropriate time to update the map.
4.7 Inspection Report:
2019 Permit
A summary of your inspection findings, covering at a minimum the observations you made inaccordance with Part 4.6, including any necessary maintenance or corrective actions;
2024 Permit
A summary of your inspection findings, covering at a minimum the observations you made in accordance with Part 4.6, including any problems found during your inspection that make it necessary
to perform routinemaintenance pursuant to Part 2.1.4.b or corrective action pursuant to Part 5. Include also any documentation as to why the corrective action procedures under Part 5
are unnecessary to fix a problem that repeatedly occurs as described in Parts 2.1.4.c;
The Permit is modified in Part 4.7.1 to clarify that the inspection report must also include any documentation to support the operator’s determination that the Part 5 corrective action
procedures are unnecessary to fix a problem that repeatedly occurs as described in Part 2.1.4.c.
Part 5 – CORRECTIVE ACTIONS
5.1: Conditions Triggering Corrective Action
2019 Permit
You must take corrective action to address any of the following conditions identified at your site:
A storm water control needs repair or replacement (beyond routine maintenance required under Part 2.1.4).
2024 Permit
You must take corrective action to address any of the following conditions identified at your site:
A stormwater control needs a significant repair or a new or replacement control is needed, or, in accordance with Part 2.1.4.c, you find it necessary to repeatedly (i.e., three (3) or
more times) conduct the same routine maintenance fix to the same control at the same location (unless you document in your inspection report under Part 4.7.1.c that the specific reoccurrence
of this same problem should still be addressed as a routine maintenance fix under Part 2.1.4).
The Permit is modified in Part 5.1.1 to clarify that corrective action is triggered either when a stormwater control needs a significant repair or a new or replacement control is needed,
or, in accordance with Part 2.1.4.c, the operator finds it necessary to repeatedly (i.e., 3 or more times) conduct the same routine maintenance pursuant to Part 2.1.4 to the same control
at the same location. Where the same routine maintenance fix is required three or more times, the operator may still correct the problem as a routine maintenance fix if it can be documented
in the inspection report that doing so is all that is necessary to restore the control to its effective operating condition. These changes are necessary to conform with the modifications
made to Part 2.1.4.
5.2: Corrective Action Deadlines
2019 Permit
Forany corrective actiontriggering conditions inPart5.1, you must:
5.2.1.When site conditions warrant immediate attention, take all reasonable steps to minimize or prevent the discharge of pollutants until a permanent solution for the problem is installed
and made operational;
5.2.2. When the problem does not require a new or replacement control or significant repair, thecorrective action must be completedby the close of the next business day;
5.2.3. When the problem requires a new or replacement control or significant repair, the corrective action must be completed no later than seven (7) calendar days from the time of discovery.
If itis infeasible to complete the installation or repair within seven (7) calendar days (e.g., due toavailability of materials, excessive costs to expedite shipping or activities, or
lengthy installationtimes) you must document in your records why it is infeasible and provide a reasonable correction schedule.
2024 Permit
If responding to any of the Part 5.1 triggering conditions, you must:
5.2.1Immediately take all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events; and
5.2.2When the problem does not require a new or replacement control or significant repair, you must complete the corrective action by the close of the next business day; or
5.2.3When the problem requires a new or replacement control or significant repair, install the new or modified control and make it operational, or complete the repair, by no later than
seven (7) calendar days from the time of discovery. If it is infeasible to complete the installation or repair within seven (7) calendar days (e.g., due to availability of materials,
excessive costs to expedite shipping or activities, or lengthy installation times) you must document in your records why it is infeasible to complete the installation or repair within
the 7-day timeframe and document your schedule for installing the stormwater control(s) and making it operational as soon as feasible after the 7-day timeframe.
The Permit is modified in Part 5.2.1 to note the term “immediately” requires operators to, on the same day that a condition requiring corrective action is found, take steps to minimize
or prevent the discharge of pollutants unless a new or replacement control or significant repair is required.
Examples of corrective actions that do not require significant repair or replacement include sweeping up tracked-out sediment, cleaning up spilled materials, and minor repairs such as
fixing a hole in a silt fence. DWQ notes that if the problem is identified at a time in the work day when it is too late to initiative corrective action, the initiation of corrective
action must begin on the following work day.
Part 5.2.3 establishes a specific timeframe for completing corrective actions that require a new or replacement control or significant repair.
5.4: Corrective Action Log
2019 Permit
CORRECTIVE ACTION REPORT
2024 Permit
CORRECTIVE ACTION LOG
5.4.2 You must sign (or electronically sign) each entry into the corrective action log, consisting of the information required by Part 5.4.1, in accordance with Part 9.12.2 of this
Permit.
To make the distinction between inspection reports and corrective action logs clearer and to improve compliance, the documentation required for corrective actions have been modified
to require that the same information as was required in the report instead be included as an entry into a “corrective action log.”
The Permit also specifies that the log entries need only be signed by a person meeting the requirements of Part 9.12.2 of the Permit, which includes signatories that are duly authorized
representatives of the operator. This makes it clear that it is unnecessary for the most senior corporate official required to sign the NOI, as identified in Part 9.12.1, to sign the

corrective action log entries.
Part 6 – STORM WATER TEAM FORMATION/STAFF TRAINING REQUIREMENTS
6.3: Training Requirements for Persons Conducting Inspections
2019 Permit
A “qualified person” is a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions
at the construction site that could impact storm water quality, and the skills to assess the effectiveness of any storm water controls selected and installed to meet the requirements
of this permit, such as but not limited to the following:
Utah Registered Storm Water Inspector (RSI)
Certified Professional in Erosion and Sediment Control (CPESC)
Certified Professional in Storm Water Quality (CPSWQ)
Certified Erosion, Sediment, and Storm Water Inspector (CESSWI)
Certified Inspector of Sediment and Erosion Control (CISEC)
National Institute for Certification in Engineering Technologies, Erosion and Sediment Control, Level 3 (NICET)
Utah Department of Transportation Environmental Control Supervisor (ECS)
2024 Permit
A qualified person under Part 4.1 for conducting inspections under Part 4 must, at a minimum, either:
Have completed a training program that properly trains on the principles and practices of erosion and sediment controls and pollution prevention, the skills to assess conditions at the
construction site that could impact storm water quality, and the skills to assess the effectiveness of any storm water controls selected and installed to meet the requirements of this
Permit, such as but not limited to the following:
Utah Registered Storm Water Inspector (RSI)
Certified Professional in Erosion and Sediment Control (CPESC)
Certified Professional in Storm Water Quality (CPSWQ)
Certified Erosion, Sediment, and Storm Water Inspector (CESSWI)
Certified Inspector of Sediment and Erosion Control (CISEC)
National Institute for Certification in Engineering Technologies, Erosion and Sediment Control, Level 3 (NICET)
Utah Department of Transportation Environmental Control Supervisor (ECS) (For UDOT Projects Only)
Certified Stormwater Inspector Construction (CSI-Construction)
Qualified Compliance Inspector of Stormwater (QCIS)
EPA NPDES Construction General Permit Inspector Training
Hold a current valid construction inspection certification or license from a program that, at a minimum, covers the following:
Principles and practices of erosion and sediment control and pollution prevention practices at construction sites;
Proper installation and maintenance of erosion and sediment controls and pollution prevention practices used at construction sites; and
Performance of inspections, including the proper completion of required reports and documentation, consistent with the requirements of Part 4.
In many ways, the new requirements in Part 6.3 are just a different way of establishing the same core training requirements while providing additional common options. The key difference
is that the Permit more specifically describes the means by which the operator ensures that the site inspector is a qualified person, that is by obtaining the necessary training, either
through the one of the training programs listed or through a third party or State training program that provides a valid certification or license.
Part 7 – STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
7.3.1: Storm Water Team
2019 Permit
Storm Water Team. Identify the personnel (by name or position) that are part of the stormwater team, as well as their individual responsibilities, including which members are responsiblefor
conducting inspections.
2024 Permit
Storm Water Team. Identify the personnel (by name and position) that you have made part of the storm water team pursuant to Part 6.1, as well as their individual responsibilities, including
which members are responsible for conducting inspections. Include documentation that members of the stormwater team responsible for conducting inspections pursuant to Part 4 have received
the training required by Part 6.3.
The Permit requires the SWPPP to include documentation that each team member responsible for conducting inspections pursuant to Part 4 has received the training required by Part 6.3.
Documentation may include certificates, copies of license or license numbers, or other documentation to show completion of training. This requirement was previously included in Part
7.3.7 of the 2019 Permit and has been moved here to keep all requirements related to the storm water team in one place.
7.3.3.f: Site Map
2019 Permit
Locations where storm water and/or authorized non-storm water will bedischarged to stormdrain inlets.
2024 Permit
Locations where storm water and/or authorized non-storm water will discharge to storm drain inlets, including a notation of whether the inlet conveys storm water to a sediment basin,
sediment trap, or similarly effective control.
This change was added in conjunction with Part 2.2.10 (Protect Storm Drain Inlets) and requires that any inlets that will be directed to a sediment basin, sediment trap, or similarly
effective control be identified on the site map. See Part 2.2.10 for more information on this change.
7.3.5.b: Description of Storm Water Controls
2019 Permit
Waste management procedures (see Part 2.3.3). Describe the procedures you will follow for handling, storing and disposing of all wastes generated at your site consistent with state and
local requirements, including clearing and demolition debris, removal of spoil (excess dirt) from the site, construction and domestic waste, hazardous or toxic waste, and sanitary waste.

2024 Permit
Waste management procedures (see Part 2.3.3). Describe the procedures you will follow for handling, storing and disposing of all wastes generated at your site consistent with state and
local requirements, including clearing and demolition debris, removal of spoil (excess dirt) from the site, construction and domestic waste, hazardous or toxic waste, and sanitary waste.
You must also include the following additional information:
If site constraints prevent you from storing chemical containers 50 feet away from receiving waters or the other site drainage features as required in Part 2.3.3c(2)(ii), document in
your SWPPP the specific reasons why the 50-foot setback is not feasible, and how you will store containers as far away as the site permits; and
If there are construction wastes that are subject to the exception in Part 2.3.3.e, describe the specific wastes that you will store on your site.
New to this Permit are the requirements to include information in the SWPPP that corresponds to the modifications to Parts 2.3.3.c and 2.3.3.e. Where a site is unable to store chemical
containers further away than 50 feet from receiving waters or other drainage features as required in Part 2.3.3.c(2)(ii), the operator must include in the SWPPP the specific reasons
why this would be infeasible and how it has complied with the requirement to store the containers as far away as possible from these features. Additionally, if the operator is storing
construction wastes that are subject to the exception in Part 2.3.3.e because the materials do not have the potential to discharge pollutants if exposed to precipitation, the SWPPP must
describe the types of wastes that fall under the exception.
7.3.7: Compliance with Other Requirements
2019 Permit
Utah Water Quality Act Underground Injection Control (UIC) Program Requirements for Certain Subsurface Storm Water Controls. If you are using any of the followingstorm water controls
at your site, as they are described below, you mustdocument any contact you have had with DWQ for implementing the requirements for underground injection wells in the Safe Drinking Water
Act and DEQ’s implementing regulations at Utah Admin. Code R317-7. In addition there may be local requirements related to such structures. Such controls (below) would generally be considered
Class V UIC wells and all Class V UIC wells must be reported to DWQ for an inventory:
Infiltration trenches (if storm water is directed to any bored, drilled, driven shaft or dug hole that is deeper than its widest surface dimension, or has a subsurface fluid distribution
system);
Commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults, chambers, or other devices designed to capture and infiltrate storm water flow; and
Drywells, seepage pits, or improved sinkholes (if storm water is directed to any bored, drilled, driven shaft or dug hole that is deeper than its widest surface dimension, or has a subsurface
fluid distribution system).
2024 Permit
Utah Water Quality Act Underground Injection Control (UIC) Program Requirements for Certain Subsurface Storm Water Controls. Storm Water Drainage Wells are a subclass of UIC Class V
wells that involve infiltrating stormwater directly into the subsurface rather than utilizing a public system. If you are using any storm water control at your site that meets the UIC
well definition in Utah Admin. Code R317-7-2, you must document any contact you have had with DWQ for implementing the requirements for underground injection wells in the Safe Drinking
Water Act and DEQ’s implementing regulations at Utah Admin. Code R317-7. In addition, there may be local requirements related to such structures.
Because the Underground Injection Control (UIC) Program is not part of the Clean Water Act, the detail included in the 2019 Permit is not needed. The Permit change provides information
to determine applicability. This Part will also maintain the previous Permit requirement to document any correspondence that has occurred with DWQ.
7.4: On-Site Availabilityof Your SWPPP
2019 Permit
You must keep a current copy of your SWPPP at the site or at an easily accessible location sothat it can be madeavailable at the time of an on-site inspection or upon request by DWQ,
theEPA, or an MS4. The SWPPP can be storedelectronically as long as personnel on-site canaccess it and make it available for inspector review.
2024 Permit
You must keep a current copy of your SWPPP at the site or at an easily accessible location so that you can make itavailable at the time of an on-site inspection or upon request by DWQ,
the EPA, or an MS4. If an on-site location is unavailable to keep the SWPPP when no personnel are present, you must post notice of the plan’s location near the main entrance of your
construction site.
You can store the SWPPP electronically as long as personnel on-site can access it and make it immediately accessible to the inspector during an inspection to the same extent as a paper
copy stored at the site would be, if you were to store the records in paper form.
This change allows for the location of the SWPPP to be posted near the entrance of the construction site if there is no available on-site location where it can be kept (i.e. restricted
access, private property, etc.). The Permit also clarifies the previous language regarding keeping the SWPPP in an electronic format to require that the SWPPP be made immediately accessible
for the inspector during an inspection, the same way a paper copy of the SWPPP would be required to be presented. An electronic SWPPP should be in a format that is able to be read, no
less evidentiary than the paper copy, and always be accessible to the inspector to the same extent a paper version of the SWPPP would be.
Part 8 – HOW TO TERMINATE COVERAGE
8.2: Conditions for Termination Permit Coverage
2019 Permit
You must terminate CGPcoverage only if one or more of the followingconditions has occurred:
2024 Permit
You may terminate Permitcoverage only if one or more of the conditions in Part 8.2.1, Part 8.2.2, or Part 8.2.3 has occurred. Until your termination is effective consistent with Part
8.6, you must continue to comply with the conditions of this Permit.
The Permit clarifies in Part 8.2 that until the termination of Permit coverage is submitted, consistent with Part 8.5, the operator must continue to comply with the conditions of this
Permit.
8.2.2: Conditions for Termination Permit Coverage
2019 Permit
You have transferred control of all areas of the site for which you are responsible under thispermit to another operator, and that operator has submitted a new NOI and obtained coverageunder
this permit. This only applies if the new operator obtains a new NOI. Termination is not requiredif a transferform has been signed by both the previous operator andthe new onetomove
the existing coverage;
2024 Permit
You have transferred control of all areas of the site for which you are responsible under this Permit to another operator, and that operator has submitted a new NOI and obtained coverage

under this Permit. This only applies if the new operator obtains a new NOI. You may choose not to terminate if you have submitted a change NOI form in NeT and the new operator has signed
the existing coverage (see Part 1.4.3).
Transferring coverage of a Permit to a new operator in NeT requires the new operator to obtain permissions for the Permit as a signatory and to submit a “Change NOI” which will need
to be signed. The system will require the “Change NOI” to be signed by the new operator, and not both the new and the old operator. The language in this Part was changed to reflect the
process and to ensure both parties know how this process works. Reference the changes to Part 1.4.3 for more information on modifying the NOI.
8.3: How to Submit Your NOT
2019 Permit
It is preferred that the DWQ “on-line” NOI system be used to submit an electronic NOT.
Access to the DWQ online storm water database found at the DWQ webpage at https://cdxnodengn.epa.gov/net-cgp/action/login. You must logon to the account created when the NOI was submitted
and find the “Terminate” (or NOT) button for the permit tracking number when you wish to terminate a coverage. In the case where the permittee doesnot have access to the account for
which the NOI was submitted the permittee must eithercontact DWQ and request account accessor fill out and submit to DWQ a paper copy of the NOT form, which can be downloaded from the
same DWQ website.
2024 Permit
You must use NeT to electronically prepare and submit the NOT for coverage under the Permit unless the Director grants a waiver from electronic reporting. If you do not have access to
the Permit in NeT, you may contact DWQ and request account access.
To access NeT, go to https://cdx.epa.gov/cdx.
You may submit a request for a waiver from electronic reporting as specified in Part 1.4.2. If the Director grants you approval to use a paper NOT, and you elect to use it, a paper copy
of the NOT form may be downloaded from the DWQ construction storm water web site at https://deq.utah.gov/water-quality/general-construction-storm-water-updes-permits, filled out and
mailed, to:
Division of Water Quality
PO Box 144870
Salt Lake City, Utah 84114-4870
Since 2020, DWQ has utilized EPA’s NeT-CGP database, which allows for the submittal of NOTs. This change allows for greater efficiency in administrative processing and faster turnaround
time for operators seeking to obtain Permit coverage compared to the submittal of paper NOTs. In order to accommodate those with internet connection, computer access, or computer capability,
a request for a waiver from the electronic reporting system is included in the Permit which allows the operator to submit paper copies.
Part 9 – STANDARD PERMIT CONDITIONS
Part 9 of the Permit was updated to be in conjunction with the Utah Admin. Code and all other UPDES permits. Applicable Parts of the Utah Admin. Code were added to the Permit and those
that were existing were updated to be more consistent with the wording set forth in the Utah Admin. Code. The Utah Admin. Code requires that “all conditions applicable shall be incorporated
into the Permits either expressly or by reference. If incorporated by reference, a specific citation to these rules must be given in the Permit.”
Parts added to the Permit include:
9.5 – Upset Conditions(Utah Admin. Code R317-8-4.1(14)) – Sets forth the criteria for an event that causes noncompliance to be considered an upset. It also lays out the conditions that
must be met and the burden of proof for such circumstances (i.e. tornado, flood, fire, etc.).
9.9.3 – Changes to Authorization(Utah Admin. Code R317-8-3.4(3)) – Requires a new authorization to be submitted for any new duly authorized representative if the signatory on the Permit
who signed the initial authorization changes. For example, a duly authorized representative who was representing the original signatory does not automatically represent the new signatory
when there is a change unless a new authorization is submitted by the new signatory. Only the new signatory can authorize individuals to represent them and it does not carry over from
the original signatory.
9.11.1 – Planned Changes – sets forth the need to notify the Director of changes that have been made that may increase the pollutants at the site or would be considered a new source
in 40 C.F.R 122.29(b).
9.11.2 – Anticipated Noncompliance– Requires the permittee to give advance notice to the Director of any anticipated noncompliance based on changes made to the project.
9.11.4 – Twenty-four Hour Notice of Noncompliance Reporting – This requirement is contained in all UPDES permits and requires 24-hour notice of any noncompliance that may endanger human
health or the environment or if an upset occurs (see Part 9.5).
9.11.5 – Availability of Reports– Sets forth the criteria to provide all reports (i.e. inspections, SWPPP, etc.) for public inspection at the office of the Director.
9.15 – Transfers–Requires the permittee to notify the Director if the Permit is going to be transferred and sets forth that there may be additional requirements if that occurs.
9.19– Monitoring Procedures and RecordsContents (Utah Admin. Code R317-8-4.1(10)) – Reference is given to the Utah Admin. Code.
Part 10 – DEFINITIONS AND ACRONYMS
Definitions added to this Permit:
“Active Mining” - activities related to the extraction, removal or recovery, and beneficiation of material from the earth; removal of overburden and waste rock to expose mineable minerals;
and site reclamation and closure activities.
“Biodegradable” – capable of decomposing under ambient soil conditions into naturally occurring materials over a period of time (e.g., one year).
“Business day” – see “Work Day”
“Hazardous Condition” – any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the state or into
the atmosphere which, because of the quantity, strength and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate or potential
danger to the public health or safety or to the environment.
“National Pollutant Discharge Elimination System” (NPDES) – defined at 40 C.F.R. §122.2 as the national program for issuing, modifying, revoking and reissuing, terminating, monitoring
and enforcing Permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. The term includes an ‘approved program.’
“NPDES eReporting Tool” (NeT) – EPA’s online system for submitting electronic Construction General Permit forms.
“Qualified Person” – a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the appropriate skills and training
to assess conditions at the construction site that could impact stormwater quality, and the appropriate skills and training to assess the effectiveness of any stormwater controls selected
and installed to meet the requirements of this Permit.
“Seasonally Dry Period” – a month in which the long-term average total precipitation is less than or equal to 0.5 inches. Refer to EPA’s Seasonally Dry Period Locator and supporting

maps for assistance in determining whether a site is operating during a seasonally dry period for the area, located at https://www.epa.gov/npdes/construction-general-permit-resources-tools-and-templates.

“Seriously endanger health or the environment” – see “Hazardous condition”
“Treatment Chemicals” – polymers, flocculants, or other chemicals used to reduce turbidity in stormwater.
"Upset" – an exceptional incident in which there is unintentional and temporary noncompliance with technology-based Permit effluent limitations because of factors beyond the reasonable
control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation. See Utah Admin. Code R317-8-4.1(14)(a).
PERMIT DURATION: This Permit is scheduled to be effective for duration of 5 years from date of Permit issuance.
PUBLIC NOTICE INFORMATION
UPDES permits are required to have a 30-day public comment period before issuance.
Began: May 28, 2024
Ended: June 28, 2024
Comments will be received at:195 North 1950 WestPO Box 144870Salt Lake City, UT 84114-4870
The Public Noticed of the draft permit was published on the Division of WaterQuality Public NoticeWebpage.
During the public comment period provided under R317-8-6.5, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has
already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments will be considered
in making the final decision and shall be answered as provided in R317-8-6.12
ADDENDUM TO FSSOB
During finalization of the Permit certain dates, spelling edits and minor language corrections were completed. Due to the nature of these changes they were not considered Major and the
permit is not required to be re Public Noticed. Response to comments can be seen in the Construction General Permit Renewal Document.
This Permit has been adapted from the early Permit version and the 2022 EPA CGP. It was drafted by Jordan Bryant with the Utah Division of Water Quality, March 31, 2024. The Permit was
reviewed on May 16, 2024 by Jeanne Riley, Storm Water Manager, Utah Division of Water Quality.