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Who is responsible for submitting the NOI for EPA CGP coverage?

Any operator of an eligible site that is required to obtain permit coverage is responsible for submitting an NOI to be covered under the permit. The party that meets the first part of the definition of “operator” (the party that has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications) in most cases will be the owner of the site. The party that meets the second part of the definition of “operator” (the party that has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit conditions) in most cases will be the general contractor of the project. Where there are multiple operators associated with the same project, all parties meeting the definition of “operator” will be required to submit an NOI to be covered under the EPA CGP if such coverage is sought.

You are probably not an operator, and therefore are not responsible for submitting an NOI to be covered under the EPA CGP, if:

i. You are a subcontractor hired by, and under the supervision of, the owner or a general contractor (i.e., if the general contractor directs your activities on-site, you probably are not an operator); or

ii. Your activities on-site result in an earth disturbance and you are not legally a subcontractor, but there is another entity with permit coverage for the project and they have a SWPPP that specifically identifies someone other than you (or your subcontractor) as the party having operational control to address the impacts your activities might have on stormwater quality (i.e., another operator has assumed responsibility for the impacts of your construction activities). EPA anticipates that this will be the case for many, if not most, utility service line installations.

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