2017 EPA CGP Takes Effect

The new 2017 construction general  permit (CGP) issued by the Environmental Protection Agency (EPA) went into effect on February 16, replacing the 2012 CGP.

According to the National Association of Home Builders (NAHB):

“The CGP takes effect Feb. 16 and will last for five years. While it’s applicable in only New Mexico, Idaho, Massachusetts and New Hampshire, this permit provides other states with a model for developing their own stormwater management requirements.”

“Thanks to new language, enforcement is much clearer and more reasonable for active construction sites. EPA is signaling a move away from focusing enforcement actions on minor details of onsite Stormwater Pollution Prevention Plans (SWPPPs) to make them a more effective compliance tool. The new permit states, “The SWPPP does not establish the effluent limits that apply to your site’s discharges.”

“Still, the new permit is far from perfect: EPA has introduced controversial language that considers all builders on a shared site “jointly and severely liable” for compliance with permit terms, including violations of “shared” treatment ponds and other features.

NAHB filed comments arguing that this type of liability framework is illegal, because operators often work on a site at different times, and cannot legally or physically control the activities of others.”

source: http://nahbnow.com/2017/01/2017-gcp-big-wins-but-liability-concerns-remain/

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