Draft Connecticut General Stormwater Permit: Stormwater Management/Solar Array Construction Projects

The Connecticut Department of Energy and Environmental Protection (“CDEEP”) issued a draft (proposed):

General Permit for the Discharge of Stormwater Dewatering Wastewaters from Construction Activities (“Permit”)

The draft Permit includes a new Appendix I which is titled:

Stormwater Management at Solar Array Construction Projects

The Appendix I contains several conditions that are solely applicable to solar array projects. CDEEP states that such local exempt projects “differ from traditional construction projects as characterized by potentially a very large amount of contiguous disturbed area at any given time and the provision that sites generating over one megawatt are not subject to municipal land-use Commission review and enforcement, but are instead reviewed by the Connecticut Siting Council as a public utility project.”

The Appendix I requirements include:

• Measures specifying how effective impervious cover and the Water Quality Volume are determined for the project
• Dimensions, height, and spacing considerations for the solar panels
• Additional measures to address varying degrees of slope steepness
• Maintaining a 100 foot undisturbed buffer adjacent to any water course
• A requirement for the permittee to conduct a pre-construction meeting with District staff and the qualified professional that designed the project
• Routine site inspections conducted by a qualified professional whose qualifications are included in the registration
• Submission of all inspection findings and other reporting to CDEEP electronically
• Inspection by District staff of the site upon completion of each phase of construction
• Ensuring District staff conduct the post-construction inspection and final stabilization inspection
• Certification of the Notice of Termination upon completion of the project
• Submission of a letter of credit to ensure that upon the potential failure of the project to comply with the permit adequate funds are available to complete and stabilize the site

A link to the draft permit can be found here.