How to use the Notice of Termination/Permit Modification Form
How to use the Notice of Termination/Permit Modification Form
It is common for property to change ownership during the construction process. In addition to a change in ownership, a change in operator may or may not happen. The Notice of Termination (NOT)/Permit Modification Form provides a means of transferring existing permit coverage to new owners and operators. The same form is also used to terminate permit coverage once the site has achieved final stabilization as defined by the permit. The operator is defined as the person (usually the general contractor), designated by the owner, who has day to day operational control and/or the ability to modify project plans and specifications related to the Stormwater Pollution Prevention Plan (SWPPP). Any time there is a change in ownership or operator for an entire site or a portion of a site, the NOT/Permit Modification form must be submitted to the Minnesota Pollution Control Agency (MPCA). As a result, permit coverage is extended to the new owner and/or operator and terminates coverage to the former owner and/or operator. The new Permittees then become responsible for the terms of the permit. The NOT/Permit Modification form ensures that the proper entities (as defined by owner and operator) are responsible for the National Pollutant Discharge Elimination System (NPDES) requirements at any given time, on any given portion of a site. There is no fee associated with this process. You may either e-mail a signed and scanned PDF copy to csw.pca@state.mn.us or you may mail a hard copy to:
Construction Stormwater Permit Program Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194
A common scenario
In a common scenario, a residential developer owns a large tract of land and performs mass grading and installation of utilities and roads. The developer obtains NPDES coverage prior to grading, listing himself as the owner and the hired contractor as the operator (note: if the developer is performing the grading, the developer is listed as both owner and operator). Next, lots or groups of lots are sold to various home builders or individuals. This may occur while the developer is still performing construction activity or after that work is complete. At this point, it is both the original permit holder and the new builder’s responsibility to submit an NOT/Permit Modification form to the MPCA. The original owner completes the form indicating what portion of the site was sold. The original owner then provides a copy to the purchaser to complete their portion of the form, including the signatures. The original owner submits the form to the MPCA. For the new Permittees, this form acts as the application for NPDES coverage for their portion of the site. For the original permittee, the form acts as an NOT only for the portion of the site which was sold. The rest of the site remains under permit coverage with the original owner.
Note that the original owner is responsible for ensuring the sold portion of the site is compliant with the permit by having temporary erosion and sediment controls in place prior to the transfer. Once the site is transferred to the new owner, the new owner becomes responsible for compliance with the permit. The current owner is required to give a copy of the SWPPP to the new owner or new operator to follow.