Stormwater Control Regulations

State Activity:

(Jan. 27, 2016) - HBRACT comments on CEQ's report, "Digging Connecticut" - an unsubstantiated and inaccurate report on stormwater regulation in CT.

(Oct. 6, 2015) - HBRACT comments on DEEP's proposed MS4 GP. The draft MS4 GP, for which municipalities must register to discharge waters from their storm sewer systems, contains mandates on municipalities to, among other things, regulate development and construction activities that disturb 1/2 acre or more of soil, effectively expanding the reach of the Construction Activities Stormwater GP and breaching the settlement agreement that DEEP, CT Fund for the Environment (CFE) and the HBRACT signed in 2013 (see below).

(June 27, 2013) - HBRACT, DEEP and CT Fund for Environment settled cross intervention petitions challenging DEEP's construction stormwater general permit (SW GP). The new permit, issued July 1, 2013, is effective Oct. 1, 2013, and registrations filed during July and August 2013, and later of course, must come under the new GP. And, current registrations under the prior general permit MUST REREGISTER by February 1, 2014.

Public Act 12-172, Streamlines the state's stormwater general permit process by allowing "qualified professionals" to certify permit compliance (effective June 15, 2012). Qualified professional and certification language was then worked into the DEEP storm water general permit for construction activity (see above).

DEEP's draft proposed NEW Construction Stormwater General Permit (posted March 30, 2011). HBRACT's comments filed at 6-23-11 public hearing on the draft permit.

Presentations at CT Developers Council meeting, held Feb. 4, 2010: Murtha Cullina-Federal and State General Permit Requirements.

Federal Activity:

Connecticut is a "delegated" state (i.e., the federal EPA has delegated stormwater permitting authority under the federal Clean Water Act to the state). Therefore, the CT general permit above controls construction activity. The requirements in the federal construction general permit (CGP) for stormwater serve as a model for delegated states, and certain federal rules, such as EPA's effluent limitation guidelines (ELGs) are applicable to state permits. See the main EPA site for the 2011 proposed federal stormwater general permit for construction activities; see also EPA's policy and guidance documents on green infrastructure to control stormwater discharges. The federal general permit applies in non-delegated states (e.g., Massachusetts, New Hampshire and several other states) where EPA is the permitting authority.

Federal EPA News Release (7-21-10): Three Mass. developers and construction firms pay heavy penalty for violations of stormwater regulations

Builder's Call EPA's 61-page Stormwater Survey a Bad Idea (NAHB Jan. 11, 2010).

Check with your land use or environmental counsel for any updates to laws and regulations.
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