14. How do I know if I need this permit?
    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 must obtain the Construction Activities Storm Water General Permit (2009-0009-DWQ Permit). Construction activity includes clearing, grading, excavation, stockpiling, and reconstruction of existing facilities involving removal and replacement. Construction activity does not include routine maintenance such as, maintenance of original line and grade, hydraulic capacity, or original purpose of the facility.
    
    Storm water discharges in the Lake Tahoe Hydrologic Unit are regulated by a separate construction permit(s) adopted by the respective California Regional Water Quality Control Board, and may not seek coverage under the State Water Resources Control Board's General Permit. Storm water discharges associated with construction activity on Indian lands will be regulated by the U.S. Environmental Protection Agency.
15. Are there other requirements I should be aware of when applying for this permit?
    There may be other permits or requirements in addition to the 2009-0009-DWQ Permit. For example, you may also need a streambed alteration agreement from the Department of Fish and Game, a Water Quality Certification (Clean Water Act Section 401) as administered by the State and Regional Water Quality Control Boards, and/or Clean Water Act Section 404 permit administered by the U. S. Army Corp. of Engineers. Contact the appropriate Regional Water Quality Control Board to determine if other permits are required for your construction activity.
16. Who should apply, and who is the proper signatory?
    The 2009-0009-DWQ Permit states the Legally Responsible Person (LRP) or a person legally authorized to sign and certify on behalf of the LRP is responsible for obtaining permit coverage.
17. What are the fees associated with the Permit?
    The annual fees are based on total disturbed area of the construction project in acres. See Construction fees for a list of fees by acres. You will continue to receive an annual invoice until your project is complete and a Notice of Termination is electronically submitted and approved by each Regional Water Quality Control Board that your project resides in.
    
    Projects continuing from the 99-08-DWQ Permit into the 2009-0009-DWQ Permit will pay the annual fees based on their current billing cycle.
18. Who do I contact for questions regarding an invoice?
    If you have questions regarding outstanding invoices or payments please contact our Fee Unit at (916) 341-5247.
19. How do I apply for coverage?
    For new projects commencing on or after July 1, 2010, an LRP must electronically submit Permit Registration Documents (PRDs) prior to commencement of construction activities in the Storm water Multi- Application Report Tracking System (SMARTS). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the SWPPP, a signed certification statement by the LRP, and the first annual fee.
20. How long will it take for me to get my WDID number after I submit my PRDs to SMARTS? Is there a staff or public review process before the WDID is issued?
    PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the SWPPP, a signed certification statement by the LRP, and the first annual fee. Once these components have been submitted and are deemed complete by the SMARTS system, a WDID number will automatically be emailed to the LRP.
21. How long are PRDs available online after the WDID number is terminated?
    PRDs and other reports will be available to the public to view for 5 years after the NOT approval date.
22. How can I find out the status of my permit?
    LRPs can log into the SMARTS system to obtain the status, or can download or search the construction storm water database on the Storm Water Program Database.
23. Will SMARTS track enforcement data as well?
    Yes. Regional Water Boards will enter their inspection and enforcement data into SMARTS.
24. When will the SMARTS system be available?
    The SMARTS system will be available by July 1, 2010 for electronic filing of PRDs. It is anticipated that the system may be available prior to July 1st to allow for early submission of PRDs.
25. How long is my permit in effect?
    Your coverage under the 2009-0009-DWQ Permit remains in effect until a Notice of Termination (NOT) is submitted in SMARTS and approved by each Regional Water Board that your project resides in. If the Regional Water Board denies the NOT, you are responsible for any missed or outstanding invoices. For outstanding invoices, a complete NOT must be received by the Regional Water Board 90 days from the original invoice date in order to cancel the invoice. If a complete NOT is received after 90 days, the invoice is deemed valid and payable.
26. Can I terminate or sell a portion of my project?
    Yes, the 2009-0009-DWQ Permit allows a discharger to terminate portions of a construction project if those portions have been sold to another owner. The permit is not transferable, so the responsibility to obtain permit coverage, update the Storm Water Pollution Prevention Plan (SWPPP), and comply with permit requirements becomes that of the new owner. The seller must notify the new owner about his/her responsibilities concerning the permit, and must notify the State Water Board by submitting the new owner's name, address, and phone number on the Change of Information (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.
27. What if I sell the property prior to completing the construction?
    The new owner must submit new PRDs within 30 days of the date of change of ownership. For ongoing construction activity involving a change of ownership, the new owner must review the existing Storm Water Pollution Prevention Plan (SWPPP), 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 developed.
28. When do I have to implement post-construction requirements?
    The post-construction requirements become mandatory on September 2, 2012. On a case by case basis, dischargers may request an extension from the Executive Officer of the local Regional Water Board.
29. If my site is still active after September 2012 but I file a Change of Information to reduce my acreage, do the post-construction requirements apply to the completed portion?
    No. If you file a COI to reduce your acreage prior to September 2012, then only the remaining disturbed acreage would need to comply with the post construction requirements.
30. After a project is grandfathered into coverage under the new CGP at risk level 1 (type 1), can the State Water Board or Regional Water Board change that project's risk level?
    Yes, the Regional Water Boards have the authority to require a risk determination be performed on grandfathered projects that have a history of non-compliance with the 99-08-DWQ, 99-06-DWQ, and 2003-0007-DWQ Permits, or where the project poses a significant threat to water quality without the implementation of the additional Risk Level 2 or 3 requirements.
31. Will grandfathered construction projects need to have their SWPPPs developed by a Qualified SWPPP Developer (QSD)?
    Yes, after July 1, 2010 all SWPPPs and SWPPP updates entered into the SMARTS system must be certified by an individual holding one of the certifications/registrations listed in Section VII of the 2009-0009-DWQ Permit. Effective two years after the permit adoption (September 2, 2011), the QSD must have also attended the State Water Board sponsored or approved QSD Training Course.
32. For grandfathered projects, can existing SWPPPs be submitted during the PRD process, or does the SWPPP need to be amended/adjusted to reflect the new CGP?
    The SWPPPs must be amended to meet the minimum criteria listed in Section XIV, SWPPP Requirements, and Attachment C, Risk Level 1 Requirements, of the CGP.
33. Does the Qualified SWPPP Practitioner (QSP) need to have the pre-qualifications listed in Section VII of the 2009-0009-DWQ Permit by July 1, 2010?
    No. Effective September 2, 2011, the QSP shall have one of the pre-qualifications listed in Section VII of the 2009-0009-DWQ Permit and shall have attended the State Water Board sponsored or approved QSP Training Course. Between July 1, 2010 and September 2, 2011 anyone can be a QSP.
34. What kind of training is required for our company's site superintendents? Can we hire one QSP to train all of them?
    Yes, one QSP can train all company superintendents. However, the Regional Water Board inspectors may ask to meet and/or conduct an inspection with the QSP responsible for a particular project/site, and that individual should be accessible. The QSP is responsible for the implementation of BMPs on each construction project, not the trained superintendents.
35. Can a QSD or QSP be an independent contractor?
    Yes.
36. Is the QSD and/or QSP responsible for project compliance, or the project owner?
    The LRP is always ultimately responsible for project compliance. This individual must certify the PRDs and will be the recipient of any Notices of Violations (NOVs) or Administrative Civil Liabilities (ACL; fines) for the project.
37. How can I become a Qualified SWPPP Developer (QSD)/ Qualified SWPPP Practitioner (QSP)?
    Section VII of the 2009-0009-DWQ Permit lists pre-qualifications for the QSD and QSP. In addition to meeting one of the listed pre-qualifications, an individual must have attended a State Water Board sponsored or approved QSD/QSP training course. Get information on this training course.
38. How much will it cost to take the State Sponsored QSD/QSP Training course?
    Costs will vary. Since private training vendors who have been selected/approved to work as “trainers of record” and “specialized trainer” (through a structured Request for Qualifications process) will offer their own training courses. Each course will be required to be a certain length (i.e., minimum training hours for each required module; likely 2-3 days per designation) and follow prescribed standards, but training courses will vary in specific content/approach and are expected to vary in cost.
39. Where can I get information on QSD/QSP pre-requisite programs to see if I am eligible?

40.  
41. What is the role of the local municipality in reviewing/enforcing the SWPPP?
    The local municipal storm water programs and the CGP requirements intentionally have some overlap/redundancy. However, the local municipality has no authority to enforce the State's CGP requirements; this is done by the Regional Water Board inspectors. Typically, the local agency is responsible for ensuring compliance with local storm water ordinance which prohibits sediment and other pollutants from entering the municipal separate storm sewer system, and with a local grading ordinance which typically requires an erosion and sediment control plan (typically a sheet in the construction plan set) for projects with a grading permit. In some cases, the local municipality may have a condition in their MS4 storm water 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.
42. Who is responsible for preparing and implementing the Rain Event Action Plan (REAP)? Do you have to be a QSP?
    The project QSP must develop and be in responsible charge of implementing the REAP. A QSD may also implement the REAP if they are also in responsible charge for implementing the SWPPP onsite.
    
    The REAP is a living document specific to a project site. A new REAP must be prepared/revised specific to each forecasted rain event (any likely precipitation event forecast of 50% or greater probability). However, some of the REAPs for an individual project might look similar for each construction phase.
43. When do I need to develop a REAP
    A REAP must be developed 48 hours prior to any likely precipitation event. (NOAA – 50 percent or greater probability of producing precipitation) This is determined by:
1. Visit the NOAA Website
2. Enter your zip code or city & state in the search box and click “go”
3. Scroll down to the bottom right hand of the page under “Additional Forecasts & Information”
4. Click on “Forecast Weather Table Interface” at the bottom of the section
44. Where can I get copies of inspection forms?
    The 2009-0009-DWQ Permit lists minimum criteria required for an inspection checklist. Dischargers may develop their own inspection forms, or may contact their local Regional Water Board for an inspection form if one is available.
45. What is a Sediment Sensitive Watershed?
    A sediment sensitive watershed drains into a receiving water body (1) listed on EPA’s approved CWA 303 (d) list for sedimentation/siltation, turbidity with an approved TMDL or (2) designated with beneficial uses of SPAWN, MIGRATORY and COLD.
46. Once a phase of my construction project has commenced, can I re-calculate my risk level based on existing site conditions. If found to be different from the initial risk, can I resubmit the new risk level with a Change of Information (COI)?
    No. The only scenario where risk can be recalculated based on existing site conditions would be if there is a change in ownership or if a portion of the project is sold. For all other projects, the initial risk calculated during PRD submittal applies until the construction end date.
47. How does the 500 NTU turbidity NEL relate to the Basin Plan turbidity standards for receiving waters? How will the local Regional Water Board inspectors enforce this?
    The 500 NTU turbidity NEL is a technology based effluent limitation that applies to storm water discharges leaving the project boundaries. The Basin Plan turbidity standards are water quality based effluent limitations that apply to receiving waters. The Regional Water Boards will continue to enforce their Basin Plan standards where projects are found to discharge directly into a receiving water body.
48. Where can I obtain guidance for pH and turbidity sampling?
    The Surface Water Ambient Monitoring Program (SWAMP) has a Guidance Compendium for Watershed Monitoring and Assessment. Sections 3.1.4 and 3.1.5 of this Compendium contain guidance for pH and turbidity sampling.
    
    A SWAMP Field Methods Course training CD is also available for the public. Please contact stormwater@waterboards.ca.gov to request a copy.
49. Where can I obtain guidance for Bioassessment Monitoring?
    SWAMP 2007 Bioassessment SOP includes standard operating procedures for bioassessment.
50. Please clarify the meaning and use of the term “direct discharge”
    The CGP glossary defines direct discharge as “a discharge that is routed directly to waters of the US by means of a pipe, channel, or ditch (including a municipal storm sewer system), or through surface runoff. Discharges from a construction site to a MS4 where commingling with upstream and/or downstream discharges can occur are not considered ‘direct discharges’.”
51. Will local municipalities be revising their storm water quality development standards to be consistent with the post-construction requirements in the CGP?
    Projects located within an area subject to post-construction standards of an active Phase I or II MS4 permit that has an approved Storm Water Management Plan are exempt from the post-construction requirements in the CGP.
52. What are the training requirements to operate and maintain an Active Treatment System?
    Order No. 2009-009-DWQ requires that all Active Treatment System (ATS) operators have training specific to using ATS’s liquid coagulants. By July 1, 2010, projects requiring the usage of an Active Treatment System (ATS) are to be operated and maintained by Certified ATS operators.

o    Training shall be in a form of a formal class with a certificate and requirements for testing and certificate renewal.

o    Training shall include a minimum of eight hours classroom and 32 hours field training.

53. What is the difference between the Legally Responsible Person (LRP), Approved Signatory, and Data Submitter?

o    The LRP is the person who possesses the title of the land or the leasehold interest of a mineral estate upon which the construction activities will occur for the regulated site. For linear underground/overhead projects, it is the person in charge of the utility company, municipality, or other public or private company or agency that owns or operates the linear underground/overhead project.

o    The Approved Signatory is a person who has legal authority to sign, certify, and electronically submit Permit Registration Documents and Notices of Termination on behalf of the Legally Responsible Person.

o    The Data Submitter is any individual authorized by the LRP or an Approved Signatory to enter data on behalf of the LRP or Approved Signatory. A data submitter may be other employees, contractors, labs, etc.

54. What documents must be submitted to the State Water Board and Regional Water Boards? (T)(C)

55. Do all projects need to submit an Annual Report? 
    Annual Reports must be submitted by projects that are enrolled under 2009-0009-DWQ for more than one continuous three month period. The Annual Reports will be submitted electronically in SMARTS. Annual Reports are due to the State Water Board on September 1 of each year (The first submittal will be on September 1, 2011) with a July 1 through June 30 compliance year.
    
    For projects active for more than one continuous three month period, and that complete construction prior to September 1, an Annual Report will still be required and must be submitted electronically in SMARTS prior to notice of termination (NOT) submittal.
56.  Where can I get guidance for on-site rain gauge installation and reading?
    The Surface Water Ambient Monitoring Program (SWAMP) has a Guidance Compendium for Watershed Monitoring and Assessment. Section 5.1.1 of this Compendium contains guidance for Rainfall Monitoring.\
57. I would like to design a sediment basin for my project. The 2009-0009-DWQ permit requires sediment basins to be designed according to the method provided in CASQA’s Construction BMP Guidance Handbook. Do I need to purchase the handbook in order to design a sediment basin for my project?
    No. It is not necessary to purchase CASQA’s Construction BMP Guidance Handbook in order to design a sediment basin for a project. Get a free copy of the Sediment Basin Fact Sheet (SE -2).
58. At what point will the Attachment F, Active Treatment System requirements apply on my site?
    The requirements in Attachment F only apply when an Active Treatment System (ATS) is implemented on a project site. ATS is defined in the 2009-0009-DWQ permit as “A treatment system that employs chemical coagulation, chemical flocculation, or electrocoagulation to aid in the reduction of turbidity caused by fine suspended sediment.”
    
    The application of chemicals on disturbed soil areas is not considered ATS. This Best Management Practice (BMP) is used for the purpose of erosion control.
59. Will a risk re-calculation be required if my project extends past the original construction end date specified?
    Yes, all projects that extend past their original construction end date will be required to electronically re-calculate their risk level in SMARTS.
60. When will effluent monitoring be required at my site?
    Effluent monitoring is required for Risk Level 2 & 3 (LUP Type 2 & 3) project sites. The CGP requires effluent monitoring of discharges resulting from a qualifying rain event (defined as one half inch or greater). A rain event can only conclude when there is a minimum of 48 hours of dry weather. There will be some instances where a rain event may not reach on half inch until days 2 or 3 (or later). Dischargers should take grab samples any time there is a discharge observed, and then check the rain event size at the conclusion. There will be some instances where rain events larger than one half inch will not produce discharge.
    Effluent Monitoring Results must be submitted electronically through the SMARTS system. Click for Instructions.
61. In Appendix 3 - Bioassessment Monitoring Guidelines, various links are outdated. How can I access the correct information/pages?
    See the revised version of Appendix 3 - Bioassessment Monitoring Guidelines with updated links.
62. Attachment D – Risk Level 2 (page 19) and Attachment E – Risk Level 3 (page 20) NAL Exceedance Report requirements state, “In the event that any effluent sample exceeds an applicable NAL, dischargers shall electronically submit all storm event sampling results…” Is this correct?  
    This requirement applies to a daily average value not a single effluent sample.
63. What is the requirement for a pre-storm event visual inspection? (T)(L)(C)
    The CGP requires visual monitoring for Qualifying Rain Events of 0.5 inch or more. The size of a rain event cannot be predicted so an adequate trigger for a pre-storm event visual inspection would be same trigger for the Rain Event Action Plan (REAP). 50 percent or greater probability of producing precipitation based on the National Weather Service Forecast Office (NOAA).
64. Provision XIII.A.4 of the CGP requires the discharger to “preserve the pre-construction drainage density (miles of stream length per square mile of drainage area) for all drainage areas within the area serving a first order stream or larger stream and ensure that post-project time of concentration is equal or greater than pre-project time of concentration.” How does a discharger comply with these requirements? (T) 
    To meet the drainage density requirement, dischargers shall maximize sheet flow and use an “open” drainage system (i.e., swales, ditches, vegetated channels) for concentrated flows. Sheet flow areas, swales, ditches, and vegetated channels are not considered streams for the purpose of calculating drainage density. 
    
    To meet the time of concentration requirement, dischargers shall use the recommended method in the applicable local hydraulic design or flood control manual. If a recommended method does not exist, the discharger shall use the time of concentration calculation method contained in the Natural Resources Conservation Service’s Technical Release 55: Urban Hydrology for Small Watersheds.
65. Will daily average pH values be calculated linearly or through the logarithmic method?  
    Daily average pH values must be calculated through the logarithmic method. In order to calculate an average, you must: (1) Convert the pH measurements from logarithms to real numbers; (2) Take the average of the real numbers; and (3) Convert the average of the real numbers back to a logarithm.
66. Watershed Sediment Risk is expressed in units of tons/acre. Why doesn’t project site size factor into Watershed Sediment Risk?
    The Revised Universal Soil Loss Equation (RUSLE) is used to calculate watershed sediment risk. The RUSLE was originally developed to calculate sheet and rill erosion rate in tons/acre/project duration. The Water Board chose to keep with the original intent of the RUSLE and not introduce an arbitrary project size threshold to develop risk categories expressed on tons/project duration.
67. Assuming my project lasts at least one year, do I need to implement erosion and sediment controls year round, even though a small percentage of my RUSLE Rainfall-Runoff Erosivity Factor (R factor) occurs during the summer months?
    An effective combination of erosion and sediment controls, as defined in the permit, must be deployed year round.
68. My local Regional Board is questioning the R-factor calculated for my project using EPA’s erosivity index calculator. Can they do this?
    The Regional Board has the authority to question any aspect of the sediment risk calculation, including the R-factor used in determining Watershed Sediment Risk. The RUSLE2 computer program can also be used to calculate the R-factor and in many cases yields more accurate values than those generated from the EPA Erosivity Calculator.
69. Where do I submit complaints about a Qualified SWPPP Developer (QSD) or a Qualified SWPPP Practitioner (QSP)? (T) (L) ( C ) 
    Complaints may be submitted through the Cal/EPA Environmental Complaint form .