Environmental Permits Handbook
NPDES Storm Water Construction Permit
Operators of construction sites involving clearing, grading or excavation that result in an area of disturbance of one or more acres, and activities that result in the disturbance of less than one acre if it is part of a larger common plan of development or sale. Please note this rule applies to construction activities begun before March 10, 2003, if one or more acres will be disturbed on or after March 10, 2003.
Permitted activities have included housing subdivisions, commercial
and industrial buildings, golf courses, utility lines, sewage treatment
plants, and roads. Various land clearing activities such as borrow
pits for fill material have also been covered under this general
Applicants must submit the following information:
Completed Notices of Intent must be sent to the appropriate Environmental Field Office.
Upon receipt of the NOI, the Division will send a letter of coverage to the applicant.
Effective June 2008, permit application fees for the Construction Storm Water General Permit been revised. Fees range from zero for sites less than 1 acre to $7,500 for sites greater than or equal to 150 acres. The permit application fee should accompany the NOI form. The fee range is as follows.
A permittee who has submitted an NOI and received permit coverage has the duty to comply with all provisions of the general permit, statutes, and regulations. Coverage under the general permit does not relieve the permittee of the responsibility for damages to surface or ground water. The permittee must maintain records of checks and repairs on site or at a nearby office. These records must be maintained for a minimum of three (3) years. The permittee must notify the Division of any changes to their NOI information. The NOI is not transferable and new owners must submit a new NOI. If the operation experiences any emergency that could impact the waters of the state, they must notify the Division as detailed in the regulations.
The Division and other authorized representatives of the U.S. Environmental Protection Agency have the right to inspect the site and associated records at reasonable times. They also have the right to sample discharge of pollutants. The Division may terminate permit coverage for any applicant who violates the state statutes, departmental regulations, or terms of the general permit. Any person who violates or fails to comply with the state statutes, rules, or regulations may be subject to civil and/or criminal penalties.
Applicants may obtain Notice of Intent forms from any TDEC Environmental Field Office or the Division of Water Pollution Control.
Applicants may refer to the following publications:
TCA § 69-3-108: Tennessee Water Quality Control Act of 1977