MDE Industrial and Construction Stormwater Permits Update

The Maryland Department of the Environment Wastewater Permits Program has continued supporting permit needs during this time of the Pandemic.  We have been fortunate to have a wide array of web based collaboration tools.  For example, one of the initial challenges when working remotely was performing simple processes such as physically getting signatures for document approval.  We have now updated our processes to allow for electronic MDE signatures for individual permits, allowing us to continue to address permitting needs while working remotely. 

This newsletter provides updates on several of our General Permits.  For the full list of General Permits issued by the Department, visit our website.

Industrial Stormwater Permit (12-SW) Update:  

We conducted our Industrial Stormwater training remotely using Google Hangouts for the first time.  The training was the Department’s 4th training session coordinated with help from the Maryland Center for Environmental Training (MCET). There were a wide range of people in attendance from regulators to industry professionals. Stay tuned for our announcement of when the fall training session will be held.

Industrial Stormwater Permit Renewal Update: Currently, the Department is drafting the renewal permit. We intend to provide a draft to EPA in July.  Stay tuned for updates as we progress towards issuing the renewed permit. 

Change in Status and Additional Approval Requirements:  ​In recognition that the permit is beyond its five-year term, and in recognition that NPDES permits have a maximum duration of five years, the Department is discontinuing the acceptance of new registrations under permit 12-SW until we implement a paper-based process that mimics the electronic process described below for the Construction General Permit.  We will have the updated process in place within the next two weeks.

If there are any questions regarding the status of the Industrial Permit or the Permit training please contact Casey Leach at Casey.Leach@maryland.gov.

Pesticide General Permit (17-PE) Update:

The 17-PE went into effect on April 1, 2020. We are currently accepting NOIs for coverage under the permit renewal if you meet the requirements listed in Table 1 in Part II.B of the permit. You are currently able to submit NOIs electronically to swppp.permit@maryland.gov. If you choose to submit electronically, a hardcopy with the original wet signature will need to be mailed in to the address listed at the end of the instructions page on the NOI. 

An online training was held on April 3 of this year via Google Hangouts discussing the permit requirements and application process. The Program does not have any upcoming training events. However, we are capable of scheduling more training sessions if needed. 

Please contact Lillian Myers at lillian.myers@maryland.gov with any questions regarding the 17-PE.

Construction Stormwater Permit (14-GP) Update:  

Change in Status and Additional Approval Requirements:  ​In recognition that the permit is beyond its five-year term, and in recognition that NPDES permits have a maximum duration of five years, the Department is discontinuing the acceptance of new registrations under permit 14-GP.  Proposed new discharges of stormwater associated with construction activity submitted will not be allowed to obtain general permit coverage until a new permit is issued.  

In place of permit coverage under the expired permit, the Department has issued a Consent Order to cover proposed new discharges of stormwater associated with construction activity if an applicant meets the 14-GP eligibility criteria and declares intention to operate in accordance with the terms of the Consent Order and 14-GP. The applicant should submit a Declaration of Intent and complete the electronic registration/certification process in accordance with the requirements otherwise set forth for registrations under permit 14-GP.

For further information, see the following documents: 

• Consent Order
• Declaration of Intent​
• Frequently Asked Questions

Construction Stormwater Permit (20-CP) Renewal Update: The Department has prepared a preliminary draft permit (renewal permit no. 20CP) which was provided to EPA Region 3 on May 4 of this year for review. EPA may take up to 90 days to review the permit. After EPA review, the Department will publish a Tentative Determination. The Tentative Determination is the Department’s formal proposal for issuing a permit and is made available for all external entities to review. The Department will notify the general public of this status by; publishing notices in newspapers and the Maryland Registry, sending letters to the permittees and interest list participants, and by sending out a notice in a newsletter.

The Department will hold a public hearing on the Tentative Determination and will take comments on the permit documentation. We are not sure at this time as to what venue will be acceptable for holding the hearing.  We are also looking into opportunities for online meetings.  Our commitment is to fully satisfy public participation requirements. The Department will provide a public response to comments received upon issuing a final permit. The permit renewal process will last through the Fall at least, but we have an initial goal of issuing the final permit in early 2020. The effective date and the requirements and timeframes for submitting NOIs for coverage under the renewal permit will be addressed in the draft permit and implemented in the final permit. 

Tier II Waters:The Construction General Permit ePermits site has been updated to include a prompt for Tier II waters. A checklist has been developed to be used as guidance to help you in evaluating any portion of your construction site that is located within a Tier II watershed. To verify if your project is in a Tier II watershed please navigate to the interactive map.  

 If you have questions, please contact the Construction Stormwater Team via email at mde.constructionswnoi@maryland.gov.