Construction Program FAQ

When must a SWPPP be completed?

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

When must a SWPPP 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 and the site has a discharge point that flows to a special or impaired water within a mile of the site, application must be submitted at least 30 days before the start of construction activity.

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 to the MPCA 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. The site will disturb 50 acres or more (including smaller sites that are part of a common plan of development or sale that will be 50 acres or more toatl) and
2. Is 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.

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.

A SWPPP does not need to be submitted for review for sites 50 acres or more if stormwater from the site does not flow to the special or impaired water even though it may be located within a mile of the site. This may be the case if the existing topography is such that stormwater from the site will not ultimately flow into the special or impaired water because the site is not located in the same watershed as the special or impaired water. However, the SWPPP must still be submitted if stormwater from the site will ultimately reach the waterbody even if the stormwater does not flow directly into the impaired or special water located within a mile of the site.

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.