Everything You Need to Know about the Tennessee SWPPP and NPDES Permit Requirements

Complying with environmental regulations is critical for construction operators in Tennessee to avoid project delays or budget busting fines. In Tennessee, this means adhering to the Tennessee Department of Environment and Conservation (TDEC) regulations, obtaining coverage under the NPDES Construction General Permit, and developing a Stormwater Pollution Prevention Plan (SWPPP). This article outlines SWPPP requirements, NPDES permit compliance, and the process for submitting a Notice of Intent (NOI) for stormwater permit coverage in Tennessee.

What is a Stormwater Pollution Prevention Plan (SWPPP)?

A SWPPP is a site-specific plan aimed at reducing pollutants in stormwater runoff. Its primary goal is to mitigate the impact of construction activities on nearby waterbodies by addressing erosion, sediment control, and other potential pollutants.

Who Needs a SWPPP in Tennessee?

In Tennessee, construction activities disturbing one acre or more of land must prepare a SWPPP to obtain coverage under the NPDES General Permit for Stormwater Discharges from Construction Activities. Smaller projects that are part of a larger common plan of development disturbing an acre or more are also subject to these requirements.

Projects disturbing less than one acre are generally exempt unless they are part of a larger common plan of development.

Key Components of a SWPPP

A compliant SWPPP in Tennessee must address the following elements:

Site Description:

• Project location and size: Provide location details for the site and disturbed acreage.

• Construction activity description: Summarize the type and scope of work, including expected project duration and sequence of major soil-disturbing activities.

• Identification of pollutant sources: List potential pollutant sources, such as exposed soil, fuels, chemicals, and construction materials.

Erosion and Sediment Controls:

• Erosion control measures: Detail practices like temporary seeding, mulching, and soil stabilization to minimize erosion.

• Sediment control measures: Include plans for silt fences, sediment traps, wattles, or other measures to prevent sediment discharge.

• Mapping requirements: Tennessee mandates that all control measures are clearly marked on a site map for regulatory review.

Good Housekeeping Practices:

• Waste management: Outline procedures for managing debris, recycling materials, and properly disposing of hazardous waste.

• Material storage: Establish guidelines for the safe storage of chemicals, fuels, and construction materials to prevent spills.

• Spill prevention and response: Include a plan to manage potential spills with spill kits and immediate response protocols. Locate on the site map where these controls will be located.

Inspections and Maintenance:

• Inspection schedule: Conduct site inspections twice weekly including non-business days.

• Corrective actions: Promptly document and address deficiencies in control measures.

Record Keeping:

• Maintain accurate and up-to-date records of:

  • Inspection reports

  • Maintenance activities

  • Corrective actions

  • Weather data, including rainfall amounts and storm impacts.

NPDES General Permit Requirements in Tennessee

The NPDES General Permit, overseen by TDEC, regulates stormwater discharges from construction sites. Operators must:

1. Develop a SWPPP before applying for permit coverage.

2. Submit a Notice of Intent (NOI) to TDEC.

3. Implement the SWPPP on-site.

4. Conduct regular inspections and maintain necessary documentation.

5. Submit a Notice of Termination (NOT) upon achieving final stabilization and completing construction.

Understanding the Notice of Intent (NOI)

The NOI is a formal application required to obtain coverage under the NPDES General Permit. Key steps include:

Completing the NOI Form:

• Provide detailed project information, including:

  • Project location

  • Estimated start and end dates

  • Receiving waterbodies

  • Soil type and operator details

  • Site owner details

Submitting the NOI:

• NOIs can be submitted electronically through TDEC’s online permitting portal.

Paying the Fee:

• Tennessee requires a permit application fee, which varies based on the size of the project. Projects disturbing between 1-5 acres can expect to pay $250. For those disturbing between 5-20 acres, the fee is $1,000. Sites disturbing 20-50 acres can expect a fee of $3,000. Sites 50 acres or more of disturbance can expect a varying scale all the way up to $10,000. All fees must be paid at the time of submission for the review process to begin and permit coverage to be issued.

Receiving Permit Coverage:

• After reviewing the NOI, TDEC issues confirmation of coverage under the NPDES General Permit. Processing times may vary, so early submission is recommended.

Compliance and Enforcement

Failure to develop a SWPPP, submit an NOI, or comply with NPDES requirements can result in severe penalties, including fines and project delays. Routine inspections by TDEC ensure adherence to stormwater regulations.

Final Thoughts

Adhering to SWPPP and NPDES permit requirements is essential for protecting Tennessee’s water resources and avoiding costly enforcement actions. By developing a robust SWPPP, submitting the necessary NOI, and maintaining compliance throughout the project lifecycle, operators can keep their projects on schedule and within budget.

Need help navigating the permitting process? Contact the certified experts at Eco Permit Pros today to check SWPPP off your to-do list!

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