Construction Program FAQ

When must a SWPPP must be completed?

In all cases the SWPPP needs to be “completed” prior to submitting the permit coverage application.

When must a SWPPP must be sent to the MPCA?

The SWPPP generally does not need to be “submitted” to the MPCA at the time of permit application. For certain projects or common plans of development or sale disturbing 50 acres or more, the application must be submitted at least 30 days before the start of construction activity.

Be aware that in all cases the failure to prepare an accurate and complete SWPPP prior to submitting the application invalidates the application and the stormwater discharges associated with construction activity will not be authorized by this permit.

In all cases the SWPPP must be retained on site (see the permit for details) during construction and the owners must retain the SWPPP on file for three years after construction has been completed.

When does a SWPPP need to be sent prior to the or along with the permit application?

If the following three things are true, then the SWPPP must be submitted to the MPCA for review at least 30 days prior to the start of construction activity:

1. Sites disturbing 50 acres or more (projects or common plans of development or sale) and
2. Within one mile of, and flows to a waterbody and
3. The waterbody is “a special water listed in Appendix A, Part B. or waters listed as impaired under section 303(d) of the federal Clean Water Act (see the MPCA’s web site) where the identified pollutant(s) or stressor(s) are phosphorus (nutrient eutrophication biological indicators), turbidity, dissolved oxygen, or biotic impairment (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate bioassessment)”.

If any or all of the three items above are not true, then the SWPPP does not have to be approved prior to submittal of the permit coverage application.

The language in the permit state the actual requirements. This guidance is offered to assist the regulated parties but does not replace or does following this guidance excuse noncompliance with the permit.

What does Construction Activity mean?

“Construction Activity” includes construction activity as defined in 40 C.F.R. pt. 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. pt. 122.26(b)(15) ) and construction activity as defined by Minn. R. 7090.0080, subp. 4. This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more.

What does"...Within one mile of, and flows to a waterbody..." mean?

It means the shortest straight line distance measurement between the point of stormwater discharge from a project construction site to the nearest edge of the water body the stormwater will flow to. This measurement does not follow the meander flow path.

How do we determine if a water body is a special water or one of the impaired waters described in the permit?

The language in the permit states the actual requirements. This guidance is offered to assist the regulated parties but does not replace or does following this guidance excuse noncompliance with the permit.

The MPCA does not have a tool that will definitively indicate where a project will discharge to. There are just too many variables. The regulated party is required to make that determination. The current state of available MPCA tools can only indicate if a site is within a mile of the project. The tool we recommend for this project is found here.

The list of special waters can be found here.

The list of waters listed as impaired under section 303(d) of the federal Clean Water Act (see the MPCA’s web site) where the identified pollutant(s) or stressor(s) are phosphorus (nutrient eutrophication biological indicators), turbidity, dissolved oxygen, or biotic impairment (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate bioassessment can be found here.

I am required to submit a SWPPP, how do I do that?

If possible the SWPPP should be e-mailed to CSW.pca@state.mn.us

There is a 24.5 MB file size limit on this e-mail. If you can not e-mail the SWPPP to the MPCA please send an e-mail to CSW.pca@state.mn.us with an explaination and the the MPCA will get back to you with further instructions.