If a construction activity does not adversely impact water quality, will coverage under the CGP still be necessary?

Waivers are possible only for discharges of stormwater associated with small construction activity (i.e., construction disturbing less than 5 acres). These waivers are authorized by federal regulation at 40 CFR 122.26(b)(15)(i)(A) & (B) and are explained in Appendix C of the proposed permit. Waivers are not available for any construction activity disturbing 5 acres or greater, or less than 5 acres if part of a common plan of development or sale that will ultimately disturb 5 or more acres (or if designated for permit coverage by EPA).

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