Everything You Need to Know about the Arkansas SWPPP and NPDES Permit Requirements
- joeyruse
- Jan 30
- 3 min read
Understanding the environmental permitting process is a crucial step for construction operators in Arkansas to maintain project timelines. This includes compliance with the Arkansas Department of Energy and Environment (ADEE), Division of Environmental Quality’s NPDES General Permit, and developing a Stormwater Pollution Prevention Plan (SWPPP). This article provides an overview of SWPPP requirements, NPDES permit compliance, and the steps for submitting a Notice of Intent (NOI) with ADEE for stormwater permit coverage.
What is a Stormwater Pollution Prevention Plan (SWPPP)?
A SWPPP is a site-specific document that outlines strategies and practices to prevent pollutants from contaminating stormwater runoff. The primary goal of the SWPPP is to minimize the impact of construction and industrial activities on local water bodies by controlling sediment, erosion, and other potential pollutants from leaving the construction site.
Who Needs a SWPPP in Arkansas?
In Arkansas, any construction activity disturbing one acre or more of land must develop a SWPPP as part of obtaining coverage under the NPDES General Permit for Stormwater Discharges from Construction Activities. Smaller projects that are part of a larger common plan of development that cumulatively disturb an acre or more are also subject to these requirements.
Arkansas has two classifications for permitting – small construction sites that are more than 1 acre but less than 5 acres of land disturbance, and large construction sites that are 5 acres or more of land disturbance. Small Construction Sites are subject to the ADEQ Construction Site Notice only. Large Construction Sites must submit a Notice of Intent as part of a formal application for permit coverage under the NPDES General Permit.
For projects under one acre of land disturbance, a SWPPP and the related permit coverage are generally not required.
Key Components of a SWPPP
A compliant SWPPP must include the following elements:
Site Description:
Location and size of the project.
Description of construction activities.
Identification of potential pollutant sources expected to be kept onsite.
Erosion and Sediment Controls:
Detailed measures to prevent soil erosion and sediment discharge, such as silt fences, sediment basins, and temporary seeding. These must be included in narrative form and outlined on a map of the site.
Good Housekeeping Practices:
Proper waste management, material storage, and spill prevention practices and procedures to reduce the risk of materials discharging from the site.
Inspections and Maintenance:
Regular site inspections to ensure that control measures are functioning correctly. Specific to Arkansas, inspections must occur on one of the following two schedules:
at least once every 7 calendar days
At least once every 14 calendar days and within 24 hours of the end of a storm event of 0.25 inches or greater.
Maintenance schedules for stormwater controls.
Recordkeeping:
Documentation of inspections, maintenance, and any corrective actions taken.
NPDES General Permit Requirements in Arkansas
The NPDES General Permit is issued by ADEQ and applies to stormwater discharges associated with construction activities. To comply with this permit, operators must:
Prepare a SWPPP before submitting a Notice of Intent (NOI).
Submit a NOI to ADEQ to request coverage under the NPDES General Permit.
Implement the SWPPP at the project site.
Conduct Regular Inspections and maintain proper documentation as required by the permit.
Submit a Notice of Termination (NOT) when construction is complete, and final stabilization has been achieved.
Understanding the Notice of Intent (NOI)
The NOI is a formal application submitted to ADEQ to obtain coverage under the NPDES General Permit. Key steps in the NOI process include:
Completing the NOI Form:
Provide information about the project, including location, estimated start and end dates, receiving waterbodies, soil type, and operator details.
Submitting the NOI:
NOIs can be submitted electronically through ADEQ’s online portal “Seek”.
Paying the Required Fee:
The annual fee is $250 to be paid at the time of submittal.
Receiving Confirmation of Coverage:
Once the NOI is processed and approved, ADEQ will issue confirmation of coverage under the NPDES permit. Typical processing time is between 7–14 business days and requires full review of the SWPPP and application.
Compliance and Enforcement
Failure to develop a SWPPP, submit a NOI, or comply with NPDES requirements can result in significant penalties, including fines and potential project delays. Regular audits and inspections by ADEQ help ensure that operators adhere to the required standards.
Final Thoughts
Ensuring compliance with SWPPP and NPDES requirements is essential for protecting Arkansas’s water resources and avoiding costly enforcement actions. By developing a comprehensive SWPPP, submitting the required NOI, and maintaining compliance throughout the project lifecycle, operators can ensure projects stay on time and budget.
Not sure if you have everything you need?
Contact the qualified stormwater compliance professionals at Eco Permit Pros today to check SWPPP off your to-do list!
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