The Minnesota Pollution Control Agency (MPCA) released its draft 2023 Construction Stormwater General Permit (General Permit) this week.
The General Permit outlines erosion control requirements on construction sites one acre or larger throughout the state. The current General Permit expires on July 31, 2023, and the final 2023 General Permit will go into effect on Aug. 1. The MPCA updates the General Permit every five years.
2023 MN General Permit Proposed Changes
MPCA has proposed several notable changes in the draft 2023 General Permit, including:
- Soil stabilization timeframes have been shortened on sites disturbing 25 or more acres. This proposed change in 2023 requires all sites over 25 acres to stabilize the soils within seven days, regardless of receiving water type.
- All stockpiles must have perimeter controls installed before the stockpiling activity.
- Stabilization of soil berms used as perimeter controls.
- Permittees must visually check and photograph all dewatering activities at the beginning of the operation and every four hours thereafter.
- A new section under 11.5 requires permittees to remove sediment lost to adjacent areas of the project, even if there is not a surface water impact, to the extent allowable by law or physical access constraints.
- This new section under 13.8 requires permittees to submit photographs of the site’s final stabilization with the notice of termination.
A complete list of changes is available in a fact sheet prepared by MPCA.
The draft 2023 General Permit released by the MPCA is not yet final. The agency has asked industry members to provide input on the draft permit by March 3, 2023. Comments can be submitted online.
An informational webinar about the 2023 General Permit is scheduled for Tuesday, Feb. 7, 2023, from 10. a.m. to noon. Registration is available online.
MPCA will consider comments and input provided by the public before it issues the final 2023 General Permit in the second quarter of 2023.