Multi-Sector General Permit Information

On August 18, 2006 a new stormwater permit program for industry became effective. The Multi-Sector General Permit (MSGP) covers many different types of industrial facilities, which are listed by Standard Industrial Classification (SIC) codes, as required by the federal Clean Water Act.

What does this mean?

All listed facilities were required to file a Notice of Intent (NOI) to obtain coverage under the permit as of the effective date. Permitted facilities must then prepare a Stormwater Pollution Prevention Plan (SWPPP) and institute the best management practices (BMPs) at the facility by May 15, 2007

Directions on how to determine a facility SIC code is available on the State of Vermont website here (pdf):

What are the options?

If all of the industrial materials and activities at your facility are protected from exposure to rain, snow melt-water and runoff, then the facility may qualify for the “No Exposure Conditional Exclusion”, and a permit is not required. More information is available on the Vermont State website here:

Llewellyn-Howley Incorporated is experienced in MSGP permitting and preparation of SWPPPs. Our staff has written dozens of SWPPPs in southern New England in the 1990s. We can assist you to make a “No Exposure” determination or assist you in permitting.

Call Trafton M. Crandall P. E. at Llewellyn-Howley Incorporated for more information at (802) 658-2100.

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Wastewater Permit Exemptions Will Soon Become Void

On July 1, 2007 all Town Wastewater Ordinances are superseded by the Vermont Chapter 1 Wastewater System and Potable Water Supply Rules unless the Town has been delegated authority to implement local rules.

What does this mean?

All previous wastewater/water exemptions are voided on July 1, 2007 for unimproved “pre-existing” and “existing exempt” lots. Several other exemptions for existing single-family residences on single lots will also be terminated. This means that a State Wastewater System and Potable Water Supply permit, meeting the current State Rules will be needed to develop these lots after the sunset date.

What can you do?

There is still time to permit and construct an upgrade or replacement to an existing system or a new wastewater and water supply system before the deadline and be only subject to a Town permit. The time is running short, however, and a new house permit means that the house and wastewater system must be “substantially complete” before July 1, 2007. In some cases, existing seasonal camps can be upgraded to year-round residences or bedrooms can be added to existing and/or upgraded wastewater systems under a town permit before July 1, 2007.

Call Trafton M. Crandall P. E. at Llewellyn-Howley Incorporated for more information at (802) 658-2100.

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Patiently Waiting for the New CGP to Be Issued...

We're getting close, apparently. My last conversation with the Stormwater Section indicated that we will see the issuance of the new CGP program in the very near future. The original comment was "Friday", and I was talking to them last week, but it's par for the course at this point.

The reason I am so anxious for a new permit program (one that, at first blush seems to tighten regulatory requirements, not loosen them), is because the new program is risk-based. The one-size-fits-all approach of the old CGP, which required the same materials even if the site just barely fit into the program, is gone. Now, you score the risks of your project (Is it in an impaired waterway? Does it have highly erodable soils? Is it on a steep slope?) and deduct risk-mitigation factors (keeping a wetland/stream buffer, limiting soil exposure to one week, limiting disturbance on steep or erodable soils). In the end, you tally your risks, subtract your mitigation factors, and then you have three levels of permitting:

Low Risk - An administrative permit which requires just the Notice of Intent (application form)

Moderate Risk - Requires the preparation of a site-specific Erosion Prevention and Sediment Control Plan (similar to the existing permit requirements today)

Individual Permit - Required if the risks are too high. Extra requirements like the background monitoring of sediment levels in the receiving stream are required.

To put this in perspective, a site that I have previously permitted required an individual permit (since it was in an impaired watershed). The next phase of work in the project is coming up, and using the new guidelines, it rates as a moderate risk site. Other sites that would have required moderate risk measures now are low risk.

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Local Stormwater Regulations Are Enacted

More and more municipalities in Chittenden County are starting to get involved in stormwater issues. South Burlington led the charge with the incorporation of its stormwater utility. The Town of Williston has enacted its own regulations pertaining to construction-related erosion control.

Colchester has stepped up to the plate with its own regulations. Their approach is to use State standards for operational and construction-phase stormwater control, but implement their own standards for smaller projects. Erosion Prevention and Sediment Control plans are required for sites that disturb more than 10,000 square feet (0.23 acres), and controls for post-development runoff are required for sites with more than 1/2 acre (22,000 square feet) of impervious surface. Their approach is to use existing State standards, but apply them to these smaller sites. Inspection is a significant portion of their program as well, and they require viewing the site at important stages of construction (preconstruction, prior to stabilization, etc.)

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Proposed Change in VT Wetland Rules

The Water Resources Panel has proposed new wetland rules. The proposed edits can be found here (warning: PDF). The first significant item that I came across is on pages 22 and 23. The proposed rules would eliminate the classification "Class 3" to wetlands and make everything Class 2. The significance of this is that every wetland would be surrounded by a 50-foot buffer, and any impact to any wetland would require a Conditional Use Determination (CUD). Currently, many sites contain small, isolated patches of Class 3 wetlands. These proposed rules would require these sites to obtain a CUD.

As more information becomes available, we will pass it along.

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