MARYLAND NPDES PERMIT UPDATE

Since the expiration of the previous General Permit on December 31, 2019, the Maryland Department of Environment (MDE) has been providing coverage under a Consent Order for new discharges of stormwater associated with construction activity. Since May 18, 2020, and until a new General Permit is issued, all new applicants have had the option to either voluntarily sign into the Consent Order for coverage or apply for an Individual Permit. Rather than submitting a Notice of Intent, eligible applicants agreeing to the terms of the Consent Order (i.e., requirements of the 14-GP) will submit a Declaration of Intent. The application process has been identical to the previous process, including the 14-day public comment period. However, if an applicant chooses to apply for an Individual Permit, MDE has acknowledged it could take at least six months for issuance of the permit.

 

This process is anticipated to continue while MDE continues to move through the permit process for the new General Permit. In the process to establish a new General Permit, MDE issued a tentative determination and held public hearings for the proposed NPDES General Permit for the Discharge of Stormwater Associated with Construction Activity (20-CP) in the Fall of 2020. MDE accepted many comments and is currently finishing its evaluation of the public input to prepare the final permit (which is anticipated during the summer of 2022). As the General Permit is valid for a period of 5 years, final issuance is a critical milestone for MDE and the construction industry.

 

Notable Changes:

  • Use of chemical additives for the treatment of sediment-laden water
  • Change in required self-monitoring inspections/reporting
  • Further definitions related to non-stormwater discharges and prohibited discharges
  • SWPPP requirements
  • Sensitive waters

Contact our experts, Otto Schlicht or Ben Morrow, for more information!