Illinois Urban Manual
This appendix contains information on the National Pollutant Discharge Elimination
System (NPDES) permits for construction site storm water discharges in the
state of Illinois. It contains a general overview of the program, the NPDES Permit No. ILR10 Construction Site Activities, the Notice of Intent (NOI) form, the Incidence
of Non-Compliance (ION) form, and the Notice
of Termination (NOT) form.
These materials have been provided by the Illinois Environmental Protection
Agency (EPA) who is responsible for administering the program in Illinois.
Questions about the program should be directed to the Illinois EPA-Division
of Water Pollution Control Permits Section, P.O. Box 19276, Springfield, IL
62794-9276, phone 217-782-0610.
This section was updated in June 2010.
IUM June 2010
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMITS FOR CONSTRUCTION SITE STORMWATER DISCHARGE
Under the provisions of the Clean Water Act Amendments of 1987 and the federal
regulations at 40 CFR Part 122.26(b)(14)(x), operators of construction sites
are required to have NPDES permits for the discharge of storm water except
"…operations that result in the disturbance of less than five acres of
total land area which are not part of a larger common plan of development
or sale." The following are the definitions that the United States Environmental
Protection Agency (USEPA) uses for "operators" and "part of
a larger common plan of development or sale".
- The operator is determined by who has day to day supervision and control
of the activities occurring at a site. In some cases, the operator may be
the owner or the developer; at other sites the operator may be the general
contractor. The operator is responsible for applying for the permit. In
the case of construction, the owner may submit an application for a construction
activity if the operators have not yet been identified. However, once the
operators have been identified, they must become either sole permitees or
co-permitees with the owner.
- A "larger common plan of development or sale" is a contiguous
area where multiple separate and distinct construction activities may be
taking place at different times on different schedules under one plan. For
example, if a developer buys a 20 acre lot and builds roads, installs pipes,
and runs electricity with the intention of constructing homes or other structures
sometime in the near future, this would be considered a common plan of development
or sale. If the land is parceled off or sold, and construction occurs on
plots that are less than five acres by separate, independent builders, this
activity still would be subject to storm water permitting requirements because
USEPA considers it to be part of a larger plan of development (please note
that the homes must have been included on the original site plan in order
to trigger permit application requirements).
The Illinois General
Permit for Construction Site Storm Water Discharges
The Illinois Environmental Protection Agency has issued an NPDES general
permit for discharges from construction site activities. The major features
of the Illinois permit are the following:
- The permit can authorize all discharges of storm water from construction
sites anywhere in Illinois regardless of the size of the site.
- Part II of the permit contains detailed instructions on how to apply for
coverage under the permit.
- The permit requires each construction site to have a storm water pollution
prevention plan prior to the start of construction. Part IV of the permit
contains information on how to develop a plan, what elements must be included
in the plan, and what the periodic inspection requirements are.
- A copy of the storm water pollution prevention plan must be retained at
the construction site from the date of project initiation to the date of
- The permittee is required to have qualified personnel inspect the disturbed
areas of the construction site that have not been finally stabilized, structural
control measures, and locations where vehicles enter or exit the site at
least once every seven calendar days and within 24 hours of the end of a
storm that is 0.5 inches of rain or greater or an equivalent snowfall.
- The permittee is required to submit within 5 days an "Incidence of
Noncompliance" (ION) report for any violation of the storm water pollution
prevention plan observed during an inspection conducted, including those
not required by the Plan. The submission is required to be on an ION form
and must include specific information on the cause of noncompliance, actions
which were taken to prevent any further incidents of noncompliance, and
a statement detailing any environmental impact which may have resulted from
- The storm water pollution prevention plan, inspection records and other
information must be retained for a period of at least three years from the
date that the site is finally stabilized.
- The permit expires on May 31, 2003, but site operators covered by the
permit do not have to apply for coverage under the reissued permit since
discharges covered under the expiring permit are automatically covered under
the reissued permit.
The Phase II Storm Water Program
On December 8, 1999 USEPA published final regulations for Phase II of the
NPDES storm water program. The new regulations reduce the size of sites that
are required to have permits from five acres or more to one acre or more.
The larger common plan of development or sale requirement remains unchanged,
so a construction project that is less than one acre would need a permit if
it was part of a larger common plan of development or sale that would ultimately
result in the disturbance of one acre or more. The one acre requirement is
effective as of March 10, 2003, and operators of construction sites that result
in a total land disturbance of one acre or more must apply for permit coverage
on or before March 10, 2003.
Renewal of the General Permit
The renewal of the NPDES General Permit for Stormwater Discharge from Construction Site Activities was finalized on August 11, 2008. This permit is effective August 11, 2008 and will expire July 31, 2013. Significant changes were made as a result of comments received during the public notice period. These major changes that were made as a result of public comments are as follows:
Part II.A.1 - has been revised to clarify the need to submit the NOI in sufficient time to allow a 30 day period after receipt of the NOI and the start of construction.
- Part II.C.7 - has been revised to include electronic submission of the Storm Water Pollution Prevention Plan to the Agency at the following email address: firstname.lastname@example.org .
- Part IV.D.2.a - has been revised to reflect a 7-day period before stabilization measures must be initiated. The period of construction interruption with stabilization measures has been reduced to 14 days. A sentence has been added to IV.D.2.a.(i) which specifies that local requirements must also be met.
- Part IV.D.4 - has been revised to include the qualifications of qualified personnel, such as a Professional Engineer (P.E.) a Certified Professional in Erosion and Sediment Control (CPESC), a Certified Erosion Sediment and Storm Water Inspector (CESSWI) or other knowledgeable personnel.
- Part IV.D.4.d - has been revised to allow telephone, fax, and email notification of incidences of non-compliance. However, at the present time the Agency requires original signatures on the ION forms sent to the Agency following the e-mail submission.
- A new Notice of Intent has been developed for the Construction Site Activities General Permit and may be submitted electronically along with the SWPPP to: email@example.com .
- Effective January 1, 2010, online submittals of Notice of Intents will be available. Refer to the Construction Storm Water page for online submittals.
How to Obtain Coverage Under the Permit
To obtain coverage under the permit the operator must complete the one-page
Notice of Intent (NOI) form, sign it, and send the original signed copy to
the Illinois EPA. Unless notified by the Agency to the contrary, coverage
under the permit is automatic, and operators are authorized to discharge storm
water from construction sites under the terms and conditions of the permit
- 48 hours after the date the NOI is postmarked, if the project had established
compliance with Illinois law regarding historic preservation and endangered
species prior to submittal of the NOI;
- 30 days after the date the NOI is postmarked, if the project had not established
compliance with Illinois historic preservation and endangered species requirements
prior to submittal of the NOI.
The Agency will confirm the permit coverage and the project’s permit number
by letter approximately one week after the automatic coverage takes effect.
Termination of Coverage Under
After the land disturbing activities are complete and the site has been finally
stabilized the operator should terminate his coverage under the permit by
completing a Notice of Termination form and submitting it to the Agency. USEPA
considers that a site has been finally stabilized when all land disturbing
activities are complete and a uniform perennial vegetative cover with a density
of 70 percent of the cover for unpaved areas and areas not covered by permanent
structures has been established or equivalent permanent stabilization measures
have been used.
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