Stormwater Program for Construction Activity
Stormwater runoff from construction sites carries significant amount of sediment and other pollutants which have the potential to harm streams, lakes and wetlands. As stormwater flows over a construction site, it can pick up pollutants like sediment, debris and chemicals and transport these to a nearby municipal storm sewer system or directly to a stream, lake and wetland. Sediment in waterbodies from construction sites can reduce the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas, and high volumes of runoff can cause stream bank erosion and impede navigation. Controlling erosion and sediment can significantly reduce the amount of sedimentation and other pollutants transported by stormwater runoff from construction sites. The Oklahoma Pollution Discharge Elimination System (OPDES) stormwater program, authorized by the NPDES stormwater permitting program, requires construction site owners/operators to obtain coverage under the OPDES Construction General Permit OKR10 to discharge stormwater from their construction sites and implement appropriate pollution prevention controls/techniques to minimize pollutants and reduce stormwater runoff.
A permit is required before construction activity can start at a site. Discharge of stormwater from a construction site without first obtaining a permit from DEQ is in violation of Title 27A O.S. §2-6-205 of the Oklahoma Statutes. As part of the application, the owner and/or operator must develop and implement a Stormwater Pollution Prevention Plan (SWP3) to minimize pollutants and reduce stormwater runoff. The applicant may need additional permit coverage from the city/county government for the construction site. The applicant must check with them before submitting a Notice of Intent (NOI) to DEQ. Previous OPDES Construction General Permit OKR10 for stormwater discharge from construction activity became effective on September 13, 2012 and expired at midnight of September 12, 2017. New Construction General Permit OKR10 became effective effective on October 18, 2017 and expires at midnight of October 17, 2022.
Who needs a Permit?
You need an OPDES permit if you are the owner or operator for any construction activity disturbing:
- One acre or more land area, or
- Less than one acre of land if that activity is part of a “larger common plan of development or sale” that is greater than one acre.
How to Apply for a Permit?
Before filling out an NOI, understand the requirements of the 2017 OKR10 General Permit for Construction Activity, identify the construction site boundaries, identify the latitude and longitude of the centroid of the site, identify receiving water body, check whether the site is located in Aquatic Resources of Concern (ARC), and prepare a SWP3 in accordance with the requirements of OKR10 Permit. Once the NOI and SWP3 have been prepared and completed for your construction site, submit the following to DEQ:
- Completed NOI
- A Permit Fee of $ 447.71 (application fee $100 and annual fee $ 347.71)
- A copy of the SWP3 if your construction site is located in ARC or you will disturb 40 acres or more (see Part 2.4 of OKR10).
Attach a check for the applicable fees payable to DEQ with your NOI. You may pay the fees using a credit card (only Visa or Master Card are acceptable) by calling DEQ Finance at (405) 702-1130.
Where to Submit an NOI?
Mail the completed NOI to Stormwater Unit of ECLS, Oklahoma DEQ, 707 N Robinson Ave, P. O. Box 1677, Oklahoma City, OK, 73101-1677 or fax to (405) 702 6226. The completed NOI and SWP3, if requires, can be emailed to ECLS-StormwaterPermitting@deq.ok.gov
NOI Processing Time
NOI processing time is approximately 14 days from the receiving date. If you are required submit SWP3 to DEQ for review, processing time will be approximately 30 to 45 days.
- Construction site latitude and longitude and receiving waterbody information can be found on the DEQ website at http://gis.deq.ok.gov/maps/
- Cause of impairment and TMDL information can be found on the DEQ website at www.deq.state.ok.us/wqdnew/305b_303d/index.html
- Soil types of construction site can be found on the USDA’swebsite at http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx
- Annual rainfall data can be found on the Masonet’s website at https://www.mesonet.org/index.php/weather/category/rainfall
- Fact Sheets of different BMPs can be found on the EPA’s website at https://www.epa.gov/npdes/stormwater-discharges-construction-activities
- EPA Stormwater Program can be found at https://www.epa.gov/npdes/npdes-stormwater-program