On this page
In this lesson
What you'll learn
- Decide whether a project needs construction stormwater permit coverage
- Identify which parties are operators that need coverage
- Know the NOI deadline and when coverage begins under the EPA CGP
- Explain the low erosivity waiver and when to file a Notice of Termination
Does the project need coverage?
Under EPA's 2022 Construction General Permit (CGP) and most state permits, you need coverage for stormwater discharges from construction activities that:
- Will disturb one or more acres of land, or
- Will disturb less than one acre but are part of a common plan of development or sale that will ultimately disturb one or more acres.
"Disturbance" means clearing, grading, excavating and other earth-disturbing activities, including staging areas, borrow areas and stockpiles that support the project.
Check a project with the permit coverage check tool.
Who needs coverage: operators
Under the CGP, an operator is any party associated with a construction project that has either:
- Operational control over construction plans and specifications, including the ability to make modifications, typically the owner or developer; or
- Day-to-day operational control of activities necessary to ensure compliance with the permit, typically the general contractor.
A project often has more than one operator, and each must have coverage. Operators can share one SWPPP but must coordinate responsibilities. Subcontractors generally aren't operators unless they meet one of those definitions.
The Notice of Intent (NOI)
Under the EPA CGP:
- Prepare the SWPPP first. The permit requires a SWPPP consistent with Part 7 before submitting the NOI.
- Submit the NOI at least 14 calendar days before commencing construction, using EPA's NPDES eReporting Tool (NeT).
- Coverage begins 14 calendar days after EPA notifies you that it received a complete NOI, unless EPA tells you authorization is delayed or denied.
- Post a notice of coverage visible from the nearest public road, with the NPDES ID, a contact name and phone number, and how to get a copy of the SWPPP.
State permits set their own NOI forms, fees and waiting periods.
The low erosivity waiver
Small construction sites disturbing 1 to less than 5 acres may qualify for a waiver if the rainfall erosivity factor (R) is less than 5 for the entire period of construction, as calculated with EPA's online tool. The waiver is certified before construction, and if the project runs past the dates used in the calculation, the operator must recalculate or obtain permit coverage.
Terminating coverage: the Notice of Termination (NOT)
Under the EPA CGP, an operator may terminate coverage when one of these occurs:
- All construction is complete and the operator has met the final stabilization criteria, removed construction materials, waste, equipment and temporary stormwater controls (except long-term or biodegradable ones), and removed potential pollutants; or
- Control has been transferred to another operator who has obtained coverage; or
- Coverage under an individual or alternative general permit has been obtained.
The NOT must be submitted within 30 calendar days after one of those conditions occurs. Under the 2022 CGP as modified, an NOT based on completion must include before and after photographs documenting final stabilization. Until termination is effective, the permit still applies, including inspections.
Key takeaways
- Coverage is needed at 1 acre of disturbance, or less if part of a larger common plan that disturbs 1+ acre.
- Owners with control of plans and contractors with day-to-day control are both operators.
- EPA CGP: SWPPP before NOI; NOI at least 14 days before starting; coverage 14 days after EPA confirms receipt.
- Sites of 1 to 5 acres with R less than 5 may qualify for the low erosivity waiver.
- File the NOT within 30 days after final stabilization and cleanup, transfer, or other permit coverage.
Knowledge check
Lesson 3 quiz: 8 questions
Choose one answer for each question, then select Check my answers. Score 80% or higher to pass. Your answers stay in your browser and are never saved.
Sources and official references
Last reviewed: October 25, 2026 · Free general education based on the Clean Water Act, EPA NPDES rules and the EPA Construction General Permit. Your governing permit (EPA, state, tribal or local) controls. This is not legal advice, not EPA-approved, and not a California QSP/QSD or other state credential, and it does not issue a certificate. Nothing you enter on this page is saved or sent.