California Construction General Permit
Overview of the Draft – Construction General Permit (CGP) for Stormwater
The California State Water Resources Control Board (State Water Board) is renewing the CGP for stormwater. The CGP and its requirements are extensive and impact almost all public and private construction projects greater than 1-acre in size in California.
And the CGP applies to a wide array of construction and land development activities including housing, retail and commercial development, linear utilities, and public works. In California, collectively, private and public project proponents spend millions of dollars each year complying in the spirit of protecting water quality.
Expected Adoption Date
The State Water Board is planning on holding an Adoption Hearing on Thursday September 8, 2022. If the CGP is adopted then by the Board, it is likely the effective date of the revised CGP would be July 1, 2023.
Permit Review Process Recap and Construction Industry Response
The State Water Board conducted a lengthy stakeholder outreach and communication process, officially starting with release of a preliminary draft permit late in November 2020, followed by staff holding two workshops in December 2020 and conducting focused stakeholder group meetings with the construction industry and other key groups during the winter and spring of 2021. Following that intial period, a Draft Permit for public and stakeholder comment was released on May 28, 2021, with a comment deadline set for August 13, 2021, preceeded by a staff workshop on August 4, 2021.
The CICWQ construction industry coalition gave a 30-minute presentation during the August 4, 2021, State Water Board workshop and submitted a comprehensive comment letter package including a detailed redline of the permit document and attachments. In addition, the CICWQ technical team prepared several permit impact analyses focusing on cost and effort to comply between August and December 2021, and carried this work forward into 2022.
In late March 2022, the State Water Board released a Final Draft CGP for public and stakeholder comment, and accepted responses through May 2, 2022. Following up, the State Water Board then prepared a Response to Comment Document, and also released a revised Final Draft Permit and associated support documents on July 22, 2022.
CICWQ and its constructon industry partners submitted detailed comments and technical support documents to establish the evidentiary record for the construction industry. CICWQ is leading the construction industry in California in analyzing the permit, developing reasonable alternatives, and communicating its positions to the Water Board and other key stakeholders.
More details on the above-mentioned process and response can be found below in greater detail.
Access the Current and Past Drafts of the California Construction General Permit for Stormwater
Key Impact Areas to Construction Industry:
• Inclusion of TMDL pollutant load reduction requirements via inclusion of numeric effluent limits and action levels for metals, nutrients, and toxic organics. Technologically unachievable, low exceedance thresholds proposed, which would trigger immediate permit violation/enforcement.
• More frequent stormwater runoff sampling at the construction site property line, and potential receiving water monitoring if basin plan standards are exceeded at the job site boundary.
• More dedicated staff (QSDs and QSPs) responsible for implementing the CGP SWPPP inspection and site monitoring and reporting requirements. More job site presence.
• More Notice of Termination (NOT) process and procedural approvals to obtain from local government agencies to close out a construction project and stop paying permit fees.
• More Compliance Cost: Engineering case study cost estimates of six different types of construction projects CICWQ members build ranges from 53% to 177% increase over current CGP requirements.
CBIA, BIASC, BILD, CICWQ Construction General Permit Redline Comments
Working with an expert group consisting of stormwater professionals, engineers, technicians, scientists, and attorney’s working in the construction industry, CBIA BIASC, BILD, and CICWQ developed a comprehensive redline version of the Draft Construction General Permit, released for public review on May 28, 2021.
CBIA, BIASC, BILD, CICWQ Construction General Permit Implementation Cost Analysis Summary, prepared by Dave Mercier, P.E. and Andrew Sidor, P.E.
Michael Baker International prepared a construction site engineering cost study analysis of six different types of projects subject to the proposed DRAFT Construction General Permit in California. The analysis was part of a larger comment package, submitted to the State Water Resources Control Board on August 13, 2021.
CBIA, BIASC, BILD, CICWQ Construction General Permit August 4, 2021 Workshop Presentation, delivered by Susan Paulsen, P.E., Ph.D., Andrew Sidor, P.E., and Keith Garner, Esq.
Dr. Paulsen and Mr. Sidor and Garner prepared and delivered a 30-minute workshop presentation, held by the State Water Resources Control Board on August 4, 2021. The presentation emphasizes the impact of new technical and legal requirements proposed in the Draft Construction General Permit, including the impact of Total Maximum Daily Load Numeric Effluent Limits and Action Levels.
California Alliance for Jobs Construction General Permit August 4, 2021 Workshop Presentation
A presentation given by the California Alliance for Jobs, which represents a number of different construction industry interests in the Sacramento and Bay Areas, and Central Valley.
CICWQ Presentation on Compliance with Proposed TMDLs in California Construction General Permit, August 10, 2021
A presentation given by CICWQ (Mark Grey, Russ Foster, Robert Patterson) at the annual Tri-State Environmental Conference, Stormwater Section, Tuesday August 10, 2021, Las Vegas, Nevada. The presentation emphasizes the limitations of existing erosion and sediment control technologies in meeting numeric effluent limits and action levels, proposed in the Draft California Construction General Permit.
Caltrans Presentation to the California Transportation Commission on Cost Impact of the Proposed Construction General Permit for Stormwater on Caltrans Projects
A presentation given by Caltrans to the California Transportation Commission during its October 2021 Meeting.
RebuildSocal Podcast on the Construction General Permit Renewal-Construction Industry at Risk: Big Concerns, Big Hit to Bottom Line
Listen to the podcast, Construction Industry at Risk: Big Concerns, Big Hit to Bottom Line. The podcast is produced by RebuildSoCal Partnership, featuring Dave Mercier, P.E. from Michael Baker International, and Mark Grey, Ph.D from CICWQ, and hosted and moderated by Marci Stanage from RebuildSoCal Partnership, discussing the impact of the proposed, revised Construction General Permit for stormwater on the construction industry in California.
