Phase II of the stormwater program applies to all construction activities disturbing one or more acres of land, or if the site is less than one acre but part of a larger common plan of development. (Such as a large subdivision.) These sites must obtain an NPDES permit before any earthmoving activities begin. The NDEQ may require construction sites disturbing less than one acre of land to obtain a stormwater discharge permit if such activities would adversely affect water quality.

In order to comply with Phase II of the stormwater program, review all requirements contained in the NDEQ construction permit. The steps below are a brief outline of what must be done as part of your permitting process. These steps are not inclusive and the NDEQ construction permit must be referenced and followed for full compliance:

1. Determine which parties are considered "operators" responsible for complying with the Phase II requirements.
2. Complete and submit a Notice of Intent (NOI) with all required form work to NDEQ before construction activities that will cause land disturbance begin.
   1. Develop a Stormwater Pollution Prevention Plan (SWPPP) according to NOI.
   2. The SWPPP does not need to be submitted to NDEQ, but must be kept on the construction site and accessible to everyone during construction activities.
3. Implement the SWPPP, including completion of inspection reports that must be kept on site.
4. Complete final stabilization of the site during construction.
5. Complete and submit a Notice of Termination (NOT) to the NDEQ.
   *Provide the City of Hastings Permits Technician with a completed NOI, which lists the NER # and Erosion and Sediment Control Plan to obtain a building permit.

The SWPPP must include the following:

• Site description identifying potential source of pollution that may affect the quality of stormwater water discharges.
• Appropriate best management practices (BMP), including erosion, sediment, and stormwater management controls to minimize the discharge of pollutants from the site to the maximum extents practical.
• Description of steps taken to prevent and control pollutants in stormwater discharge from the site, including inspection of all disturbed areas and maintenance of all controls to ensure their effective operation.
• The individual responsible for the SWPPP implementation.

A more detailed SWPPP development guide can be found at the EPA website. After the land disturbing activities are complete and the site has achieved final stabilization, the operator should terminate his coverage under the permit by completing a Notice of Termination (NOT) form and submitting it to NDEQ.

For more information on how to comply with the stormwater program regulations, see the NDEQ website or the EPA’s fact sheet "Storm Water Management for Construction Activities". More information about NPDES stormwater permits and assistance on filling out required paperwork can be obtained by contacting NDEQ.

For more information and links to State permits, visit Educational Resources.