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

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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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.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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