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Construction General Permit | FAQs

Construction General Permit

Frequently Asked Questions

Revised on: August 21, 2023 - 1:31pm

Fees

Application fees are based on the number of acres being disturbed during construction activities. Annual fees will be invoiced each year that the permit is active, in the anniversary month that the NOI was issued.

More information about fees | View >

Yes, there are annual fees (billed on the anniversary month of the NOI), until the permittee submits a notice of termination (NOT) and ADEQ approves the NOT. 

Yes. The 2020 CGP is a new permit, requiring a new NOI and permit fee. All AZPDES permits have standard permit conditions. One such condition is the Duty to Reapply/Continuation of the Expired General Permit which states: “Upon reissuance of the general permit, the operator shall file an electronic Notice of Intent through myDEQ, within the timeframe specified in the new general permit, and shall obtain new written authorization to discharge from the Director."

myDEQ Selections

Yes. From your myDEQ Dashboard, click on the myAPPLICATIONS tab. At the top right, there is a “Get New” button. Click this button, and you will be able to enter your new NOI under the 2020 CGP in myDEQ.

The myDEQ system will provide additional questions to determine if you have applicable discharges or not.

For sites without an official mailing address, you have the option to select the latitude/longitude from a map. Typically, for linear projects, you should select a point on the map in the middle of the project site and provide any additional location information in the "Driving Directions" box. If there are no "from-to" streets, using mileposts is acceptable.

In general, a pipeline implies a long pipe, typically underground, for conveying oil, gas, etc., over long distances. Utilities are typically considered pipes that connect water, sewer, etc., between municipalities and homes/buildings. Either selection in myDEQ is acceptable.

Outfalls

Yes, "outfalls" are where the discharge of stormwater goes to a receiving surface water (i.e., a Water of the U.S.) or to a municipal separate storm sewer system (MS4).

When you reach this page in myDEQ, you will be provided a spreadsheet template that you should download and fill out the latitude/longitude and provide a name/number for each outfall. Once you've filled out this information in the spreadsheet, you will upload the completed spreadsheet in myDEQ.

Yes. If your site will discharge stormwater to a named waterbody, select that waterbody from the drop-down list in myDEQ.

For sites with multiple outfalls, if the stormwater that leaves the site has the same characteristics, representative outfalls may be used. ADEQ encourages operators of such sites to contact ADEQ to discuss site specifics prior to beginning the NOI application process in myDEQ | Contact ADEQ >

Yes, sheet flow of stormwater associated with construction activities from the project site is considered a point-source and is regulated under the AZPDES CGP.

The myDEQ system is programmed to set up an e-DMR for all sites that are within 1/4 mile of an impaired or OAW. Even though you will not have to analytically monitor for impairments, you are still required to submit a No Data DMR as per the requirements in Section 7 of the permit.

No Discharge Certificates (NDC)

 

The NDC was introduced in January 2020 as an optional product for facilities that do not discharge stormwater associated with construction activities to Waters of the U.S. (WOTUS). This includes discharges directly to a WOTUS as well as discharges to a WOTUS by way of a conveyance (such as a ditch, channel, street, storm sewer, etc.).

This means, construction activities, equipment, products, waste products, materials, etc., that are exposed to stormwater (rain, snow, snowmelt or runoff) and could demonstrate that they do not discharge stormwater, do not need coverage under ADEQ’s CGP and may qualify for the optional NDC.

The NDC option is only for facilities and activities that do not discharge or propose to discharge. Any discharge, or proposed discharge, must be covered by an authorizing Clean Water Act permit. This includes discharges directly to a surface water (i.e., a Water of the U.S.), as well as discharges that are conveyed to a surface water by a conveyance or system of conveyances, such as an MS4. Stormwater control measures, such as retention basins, must be designed, installed, and maintained to reduce the discharge of pollutants, but are not a substitute for permit coverage. 

An NDC is for construction sites that will not have discharges of stormwater off-site and requires the identification of controls used to manage stormwater on-site. A CGP NOI is for construction activities that will have discharges of stormwater to a surface water (i.e., a Water of the U.S.). 

There is no fee for the NDC.

It depends. ADEQ implemented the NDC with the 2020 CGP, but each municipality has their own construction requirements.

Yes, the NDC must be certified by an RCO/DRO | Learn More About myDEQ User Roles > 
Once certified, myDEQ will issue a No Discharge Certifcate electronically via email to the applicant.

Other

No, if you are not performing construction activities or if your construction activities are complete and final stabilization is in place, you do not need an NOI under the 2020 CGP.

The 2020 CGP expires on June 30, 2025, which is listed upon issuance. NOIs are active until a notice of termination (NOT) has been submitted and ADEQ approves the NOT, or until June 30, 2025, whichever occurs first.

NOIs are effective until you submit an NOT and ADEQ approves the NOT (once construction activity and final stabilization is complete) or until the general permit expires, whichever occurs first. Note that until your NOI is terminated, you will continue to be responsible for the annual fee.

Submit an NOI in myDEQ to maintain your CGP coverage. You will have an option to add your previous NOI number when obtaining a new NOI. Also note, there is no need to submit a separate notice of termination (NOT).

The CGP covers stormwater discharges from construction activities, not post-construction. Once final stabilization is in place, an NOT can be submitted in myDEQ, terminating stormwater coverage.

Yes. As myDEQ customers, you will have access to your permits in one convenient online dashboard in myDEQ. If you require access to permit information that is not associated with your myDEQ account, you may submit a records request | Learn How >

Questions? 
Contact the program with any CGP-related questions | Email >