(A) Permit eligibility. Permit eligibility is limited to discharges from "large" and "small" construction activity or as otherwise designated by the EPA. This general permit contains eligibility restrictions, as well as permit conditions and requirements. Permittee may have to take certain actions to be eligible for coverage under this permit. In such cases, permittee must continue to satisfy those eligibility provisions to maintain permit authorization. If permittee does not meet the requirements that are pre-condition to eligibility, then the resulting discharges constitute unpermitted discharges. By contrast, if permittee does not comply with the requirements of the general permit, permittee may be in violation of the general permit for their otherwise eligible discharges.
(B) (1) Combined sewer drainage systems discharges from "large" and "small" construction activity or as otherwise designated by the EPA that flow into a combined sewer system are not covered by the EPA's Phase II Storm Water Program. A Notice of Intent does not need to be submitted to the EPA nor does the owner/operator have to receive acknowledgment from the EPA prior to the start of construction activity.
(2) The city is requiring in these instances that all other conditions as outlined in this chapter or the Regulations shall apply to all construction activity as defined in § 54.06 with the exception of submitting the Notice of Intent to EPA Washington. The requirements for determination of no impact status as outlined in the Endangered Species Act and Historic Preservation Act along with the completion of a Storm Water Pollution Prevention Plan as outlined in the Notice of Intent submission is still a mandatory submission to the city and must follow the conditions as outlined in the EPA's Notice of Intent.
(Ord. passed 8-1-06)