Construction General Permits

LDEQ has issued two general permits for storm water discharges from construction activities: the small construction general permit, LPDES Permit No. LAR200000 (for activities that disturb 1 acre or more, but less than 5 acres) and the large construction general permit, LAR100000 (for activities that disturb 5 acres or more).  LDEQ requires the submission of a Notice of Intent (NOI) for construction activities that disturb 5 acres or more of total land area, including the disturbance of less than 5 acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb 5 acres or more.  See example scenarios below for more information.

The CSW-G, dated 5/17/2015, is the correct NOI to submit for coverage under the large construction general permit.   Effective October 1, 2014, all permit applicants must estimate the time frame needed to complete the project (including final stabilization) and select the number of years permit coverage is needed.  The payment of the annual fee(s) for the entire period selected must be paid in full at the time the NOI is submitted.  The newest version of the NOI includes the option to select multiple years.   Note that the NOI was recently updated from the 9/7/2014 version that was originally posted at the time the permit was reissued.   LDEQ will still accept the 9/7/2014 forms.  However, versions of the NOI older than 9/3/2014 do not have the multiple-year option and will no longer be accepted. NOIs may be found on this webpage: http://www.deq.louisiana.gov/portal/Default.aspx?tabid=1837.

The small construction general permit (LAR200000) requires only the development of a Storm Water Pollution Prevention Plan (SWPPP) prior to the start of construction, the posting of a notice near the main entrance of the construction site, and the submission of a Small Construction Activity Completion Report (SCACR) upon final stabilization.  There are no permit fees for coverage under the small construction general permit.  If you submit an NOI for a project that does not qualify for the construction general permit (for example, a project that is less than one acre), you will receive an error letter from the Department.

Single activities that disturb less than 1 acre are not regulated by LDEQ.  However, you may use the Best Management Practices outlined in the permits to minimize pollutants discharged as a result of construction activity.

Example Scenarios:

• You are the developer and/or landowner of new subdivision.  The total area including planned lots, retention ponds, roads, and utility right of ways is 25 acres. You are responsible for preparing as SWPPP and submitting a NOI for the entire development.  
• You are a general contractor and are building 3 houses on lots that total .75 acres, but the entire planned subdivision is 25 acres.  You are required to submit a NOI for coverage under the large construction general permit, indicating the number of lots on which you plan to build.
• You are building on 3 lots that total .75 acre and the entire planned subdivision is 4 acres.  Since the total disturbance in the common plan of development is at least one acre, but less than 5, you are required to prepare and implement a SWPPP in accordance with the small construction general permit.
• You are building a free-standing convenience store and the area disturbed (including building and parking lot) is .75 acres.  The convenience store is not part of a planned retail development or subdivision.  No permit coverage is required.
• You are building a single home on a rural tract of land that totals 3 acres.   Your plan is to build a 3500 square foot house with a 1 acre fishing pond.   As the house and pond total more than 1 acre, you must prepare a SWPPP in accordance with the small construction general permit.

 

PLEASE READ THE PERMIT(S) AND FAMILIARIZE YOURSELF WITH THE REQUIREMENTS PRIOR TO DEVELOPING A SWPPP AND INITIATING CONSTRUCTION. The SWPPP must be in writing, signed, certified, and implemented when earth disturbing activities begin.

 

The notice should contain the following information:

1. The LPDES permit number for the project or a copy of the NOI if a permit authorization number has not yet been assigned
2. The name and telephone number of a local contact person
3. A brief description of the project
4. The location of the SWPPP if the site is inactive or does not have an on-site location to store the plan 

An analysis of LDEQ’s records indicate a majority of the construction projects issued under the 2010 version of the LAR100000 were terminated after 2 years or less of coverage.   LDEQ anticipates most applicants will need two years or less, although a small percentage of projects will need a longer time frame.    LDEQ recommends underestimating the time frame needed, if you are not sure.   A Notice of Extension (NOE) may be submitted if you need additional time, but refunds of the general permit fee are not given for overestimated time periods.

Please note that the LAR100000 expires on September 19, 2019.   Per federal and state permitting regulations, coverage cannot be granted beyond the expiration date of the general permit.   Therefore, 5 years is not available after 9/30/2015, 4 years is not available after 9/30/2016, etc.  The NOI and NOE have been recently updated to clarify this rule. For operators with active permit authorizations, instructions on extending coverage beyond 9/30/2019 will be provided at the time the master general permit is reissued in order to ensure no lapse in permit coverage.

If you need assistance developing the SWPPP, please contact one of LDEQ’s small business/community assistance staff at sbap@la.gov, (800) 259-2890

You MAY need a permit. If a small portion of the original common plan of development remains undeveloped and there has been a period of time when there are no ongoing construction activities, you may reevaluate the original project based on the acreage remaining from the original common plan. You may need to consult with your local building permit office, zoning office or storm water inspectors (if located in a larger city such as Baton Rouge, Shreveport, Metairie, or New Orleans), who have access to existing subdivision plans. If less than 1 acre of undeveloped land remains of the original common plan of development, no permit is required. If less than 5 acres, but if 1 or more acres remain, you will need to comply with the terms and conditions of the small construction general permit. If 5 or more acres remain, you will need to submit an NOI for coverage under the large construction general permit.

No, do not submit your SWPPP to LDEQ. The large construction general permit is self-implementing, which means by submitting a signed NOI, you are certifying that a SWPPP has already been developed for the project and complies with all of the permit conditions. If you would like someone to review your SWPPP prior to submitting an NOI, please contact the small business assistance staff.

Your permit authorization is dependent on what you describe as the project on the Notice of Intent.  For example, if you put “Lot 51 in Fairwood Estates” as the project description, you only have authorization to build on Lot 51.  If you state “Multiple lots in Fairwood Estates,” you are authorized to build as many houses as you like in that one subdivision under your permit authorization.  Under no circumstances does any permit authorization go beyond the boundaries of one common plan of development.

If you or your company is responsible for only the land clearance or infrastructure (roads, sewer, water, etc.) of a new development, please specify that in your project description.  If you specify only “Fairwood Estates” and no additional qualifiers under the project description, you assume full responsibility for all construction taking place within the subdivision.

You may attach a check or money order to the Notice of Intent, or you can attach a copy of the e-receipt after paying through our online accounts payable system.   If you plan to submit an NOI for a new project and prefer to pay online, you will need to request an Agency Interest (AI) number from LDEQ prior to submitting payment.

 

To request an Agency Interest (AI) number for a new project, please send an email to: _DEQ-FacilityUpdatePersonnel@la.gov.   A link to this email is also available in the online account setup process.  

 

Generally, the permit applicant will receive a written notification from the LDEQ Water Permits Division, containing the permit file number and automatic termination date, 4 to 6 weeks after the Notice of Intent is received by the Water Permits Division. This may take longer depending on the permit writer’s workload and whether or not the permit writer needs to contact you for additional information. Due to limited staff and the high volume of general permit NOIs that are received, the Water Permits Division cannot always accommodate requests for expedited processing. Please be aware that the general permit is self-implementing, which means that the permittee has authorization to proceed 48 hours after the postmark date of a complete and correct Notice of Intent (with payment) or upon hand-delivery to LDEQ Headquarters, located at 602 N 5th Street, Baton Rouge, LA 70802 (Galvez Building).

Yes, existing permittees who do not have any outstanding invoices will be reauthorized under the new general permit for one year.   Existing permittees will be notified by letter during the first few weeks of October; the letter will contain the automatic expiration date of permit coverage.  If additional time is needed to complete the project, permittees should submit an NOE form, with payment of the annual fee(s), at least 30 days before the permit coverage expires.  

 

Existing permittees that owed outstanding permit fees as of September 30, 2014 had their permit coverage terminated on October 1, 2014.   Notifications were mailed in June, 2014 and permittees were given ample time to settle any outstanding invoices.

If you are unsure, slightly underestimate the time period you select on the NOI. If additional time is needed to complete a project, you may always submit a Notification of Extension at least 30 days before the expiration date of your existing permit coverage. Extensions of coverage may not exceed the 5-year term of the permit. For example, if you receive coverage for 2 years in 2015 and your coverage will expire in 2017, you may request an extension of coverage only through September 30, 2019, which is the date the current master general permit expires.

Although you may submit separate NOIs if necessary due to the time frame, LDEQ does not encourage this. You need to submit only one NOI for all of the construction for which you are the operator within one common plan of development. However, you must ensure that your Storm Water Pollution Prevention Plan is sufficient for all of the homes you plan to build in one subdivision. See the permit for a definition of common plan of development.

You may submit an NOT; however, LDEQ encourages you to allow the permit to automatically expire in order to reduce the paperwork burden on the department. If you have completed the project and the site meets the final stabilization requirements contained in the permit, you have fulfilled the permit requirements and there is not any specific need to terminate the permit early. The only situation where an NOT must be submitted is when an ongoing project is transferred to a different operator (see below).

No, permit coverage for storm water discharge permits is not transferable. You must submit a new Notice of Intent (with payment). The previous operator must submit an NOT to end his/her responsibility for the permit requirements.

No, an NOI submitted without the payment of the annual fees is considered incomplete. You will be contacted by a permit writer and notified that you do not have coverage under the general permit until payment is received.

No, LDEQ’s fee regulations (LAC 33: IX, Chapter 13) do not provide any allowances for refunds of annual permit fees under any general permit.

Yes, LDEQ’s fee regulations do not allow for pro-rating of general permit fees. If you were operating at any time during the year, you are responsible for paying the entire annual fee.

Most local authorities will accept a copy of the Notice of Intent you submitted to LDEQ and/or a copy of your SWPPP.

All documents associated with your project are scanned and made publicly available in LDEQ’s Electronic Document Management System (EDMS). Go to http://edms.deq.louisiana.gov/app/doc/querydef.aspx. Enter your Agency Interest (AI) number into the search screen and click “Run.” All documents will be listed in order of date. If you do not know your AI number, click on “Lookup AI” and you may search by applicant name.