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West Virginia

SWPPP requirements in West Virginia

West Virginia issues its own construction general permit. We have read West Virginia NPDES General Water Pollution Control Permit for Stormwater Associated with Construction Activities and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.

Who may prepare the plan

No preparer credential found

No preparer credential was found for West Virginia. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.

Part II.H states the SWPPP shall be prepared by a 'Qualified Person,' but that term is never defined in the permit — absent from Appendix C Definitions and not recurring as a defined term elsewhere. No state-recognized course, license, or certification body is named, so the gate is open: any operator-designated qualified individual may prepare the SWPPP. A PE stamp is genuinely not required to prepare the SWPPP; the sole PE/surveyor mention in the whole permit (Part IV.D.2) is an optional alternative path for demonstrating final site stabilization, not a gate on plan authorship. Commercial preparer-training courses exist in the market but are not referenced or required by the permit text itself.

VerifiedWV NPDES CGP WV0115924 (eff. 4/6/2024, exp. 4/5/2029), Part II.HSource

Coverage trigger

Worked through at 3 acres

The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.

The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.

Read these before you act on the answer

  • Requirements below are what we have read and cited directly from West Virginia NPDES General Water Pollution Control Permit for Stormwater Associated with Construction Activities, not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
  • dep.wv.gov could not be reached directly from this environment -- every attempt failed at the TLS handshake, which appears to be a network-path issue rather than the document not existing. All facts below were pulled from a mirrored copy of the reissuance 'clean' draft (dated 12-13-23) hosted by Jefferson County Foundation, itself sourced from WVDEP's public-comment docket for WV0115924. Public search indexing (not independently PDF-verified) suggests the permit was subsequently issued 3/6/2024, effective 4/6/2024, expiring 4/5/2029 -- the executed final text was not independently confirmed identical to this draft. No numeric turbidity/pH/TSS benchmarks exist; WV's CGP is BMP/narrative-based. WV has no biweekly-plus-rain alternate routine schedule -- a single combined weekly-plus-rain-trigger requirement is the only routine standard. Corrective-action deadlines are not split into minor/major tiers -- a single uniform 24-hour deadline applies to all deficiencies, so majorFix is omitted rather than fabricated. Stabilization completion-by-acreage (<=5 vs >5 acres) does not appear in WV's permit; only an initiation deadline plus a completion deadline for enhanced-BMP sites exists.
  • No preparer credential was found for West Virginia. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
  • Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.

What the permit requires of a West Virginia site

Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.

Filing

Plan before Notice of Intent

SWPPP required as part of the registration application package, submitted before the application deadline

Projects disturbing 3 or more acres of land shall submit an application containing: Application Form, to include template for the sign; Stormwater Pollution Prevention Plan; Groundwater Protection Plan.
VerifiedGeneral Permit No. WV0115924, Part II.A.1.cSource
Notice of Intent deadline

Submit before commencing construction activities; the exact lead time is not recorded for this id.

Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.

Applications for Large Construction Projects shall be submitted 60 days before the anticipated date construction is to begin. ... Applications for Large Construction Projects requiring Public Notice per II.A.1.b. shall be submitted 100 days before the anticipated date construction is to begin.
VerifiedGeneral Permit No. WV0115924, Parts II.A.1.c, II.A.1.d, and II.A.1.eSource
Notice of Termination deadline
30

Submit the Notice of Termination within 30 calendar days of meeting a termination condition.

From the date final stabilization is achieved, the permittee has 30 days to ready the site for submittal of N.O.T and by the 30th day must submit the N.O.T. via electronic notice of termination to the Director.
VerifiedGeneral Permit No. WV0115924, Part IV.C.1Source

Inspections

Inspection frequency, option 1
7

At least once every 7 calendar days.

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

At least once every seven (7) calendar days and Within 24 hours of the occurrence of a precipitation event of 0.25 inches or greater, or the occurrence of runoff from snowmelt sufficient to cause a discharge.
VerifiedGeneral Permit No. WV0115924, Part III.B.2Source
Who may inspect

A person knowledgeable in sediment/erosion control and pollution-prevention principles, with education and ability to assess site conditions and BMP effectiveness

Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.

"Qualified Person" means a person who is knowledgeable in the principles and practices of sediment and erosion controls, pollution prevention, and possesses the education and abilities to assess conditions at the proposed site that could impact stormwater quality.
VerifiedGeneral Permit No. WV0115924, Appendix C, Part I, item 37Source

Stabilisation

Initiate stabilisation

Immediately, meaning no later than the end of the next business day after activities cease.

Why this applies here: This applies at both land disturbance amounts.

stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has permanently ceased or 4 days for sites required to use enhanced BMP's.
VerifiedGeneral Permit No. WV0115924, Part III.A.3Source

Corrective action

Corrective action, minor fix

Confirm the exact minor-fix deadline against the cited permit section.

Based on the results of the inspection, the permittee must complete any necessary maintenance and corrective action within 24 hours.
VerifiedGeneral Permit No. WV0115924, Part III.B.2.gSource

Buffers

Natural buffer

Provide and maintain a natural buffer or equivalent erosion and sediment controls near surface waters; the exact distance is not recorded for this id.

A natural vegetative buffer shall be provided adjacent to receiving streams or other waters on or near the project site. Vegetative buffers shall be a minimum of 50 feet
VerifiedGeneral Permit No. WV0115924, Part II.H.3.b.8Source

Records you must keep

Inspection report deadline
24

Complete the inspection report within 24 hours of completing the site inspection.

An inspection report must be completed by the inspector within 24 hours of completing any site inspection.
VerifiedGeneral Permit No. WV0115924, Part III.B.2.fSource
Corrective action log entries

Document the condition and its completion; the exact documentation deadline is not recorded for this id.

A summary of inspection findings, including the observations made during the inspections, and any necessary maintenance or corrective actions;
VerifiedGeneral Permit No. WV0115924, Part III.B.2.fSource
Record retention
3

Retain inspection reports and the corrective action log for at least 3 years from the date permit coverage expires or is terminated.

Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.

All inspection reports must be maintained for at least three (3) years from the date that permit coverage is terminated.
VerifiedGeneral Permit No. WV0115924, Part III.B.2.f and Part II.H.5Source

Screen a West Virginia site now

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Screen your site

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Total land disturbance over the whole project, including staging and access. This decides whether you need a permit at all.

Optional. If you phase the work, the most that will be disturbed at once. Leave blank if the whole site is open together. The stabilisation deadline turns on this figure, not the total.

A half acre lot inside a 40 acre subdivision is covered even though the lot alone is under the threshold. This is the most commonly missed trigger in the permit.

Receiving water and site conditions(optional, but they change the inspection frequency)

May allow a reduced inspection frequency during the seasonally dry period.

EPA keeps permitting authority in Indian country even inside a state that runs its own programme.

No account, no card, nothing transmitted.

What a plan has to cover, under the federal permit

This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in West Virginia, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.

General SWPPP requirementPart 7.1Verified
  • All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
  • Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
  • Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
  • A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
  • The size of the property (in acres, or length in miles if a linear construction site)
  • The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
  • A description of any on-site and off-site construction support activity areas covered by this permit
  • The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
  • A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
  • A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
  • Business days and hours for the project
  • If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
  • Boundaries of the property
  • Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
  • Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
  • Any areas of Federally listed critical habitat within the action area of the site
  • Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
  • Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
  • Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
  • Locations of all potential pollutant-generating activities identified in Part 7.2.3g
  • Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
  • Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
  • Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
  • Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
  • The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
  • If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
  • If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
  • If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
  • Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
  • If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
  • Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
  • Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
  • Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
  • Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
  • A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
  • A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
  • A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)

Read the permit itself at the source document.

What people ask about SWPPP requirements in West Virginia

What are the SWPPP requirements in West Virginia?

West Virginia issues its own construction general permit, and we have read West Virginia NPDES General Water Pollution Control Permit for Stormwater Associated with Construction Activities. The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with West Virginia Department of Environmental Protection (WVDEP), Division of Water and Waste Management (DWWM).

Who may prepare a SWPPP in West Virginia?

No preparer credential was found for West Virginia. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.

How often must a West Virginia site be inspected?

The inspection frequency is set by the West Virginia construction general permit, which we have not read. Confirm it with West Virginia Department of Environmental Protection (WVDEP), Division of Water and Waste Management (DWWM).

Who may prepare a stormwater plan in West Virginia

The permit makes you keep the record, not just know the answer

Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.