The California State Water Resources Board adopted the long awaited statewide general construction permit on September 2, 2009. This highly controversial permit has gone through a number of changes before it was past by a 3 to 1 vote. Along with many new changes from the previous permit, this permit will include numeric effluent limits.

Not all changes are bad, but the overall drift of the permit will require more of an effort from developers and responsible persons. The full affect of the permit will be begin on July 1, 2010.

As reported by Sandy Mathews (Larry Walker & Associates), here is a quick run down of the final changes:

·        Emergency projects - added language to allow projects to proceed to address the emergency and obtain permit coverage with 30 days.

·        Maintenance project - the limiting sentences were removed (basically restoring the language in 99-08.

·        Grandfathering for post construction requirements - added for all projects a 3 year (from date of adoption) moratorium or longer if   approved by the SWRCB ED.

·        Homeland security language - adjusted so that information protected by the homeland security act or other federal statue does not need to be submitted.

·        Regional Board authority to revoke Risk Level 1 grandfather for current projects was limited (can only be revoked if there has been significant noncompliance with current CGP, or evidence of a risk to cause or contribute to a violation of WQS)

·        ELGs - added reopener.

·        Approved signatory - added language to address signature authority for military and public universities.

·        Run-on caused by forest fires or other natural disasters- added finding and provisions that projects were not responsible for contaminated runon associated with these events, and that such discharges are not subject to NELs.

·        Implementation date was established as July 1 2010.

·        Deleted definitions of conventional and non-conventional pollutants (which were not consistent with the CWA.

·        Add list of waters affected by sediment TMDLs.

For more details and until the final permit is published see the April 2009 draft permit and change sheet.