General Permit 3-9050 was issued on September 1, 2020 and goes into effect on December 1, 2020.
General Permit 3-9050 is a permit for stormwater runoff from impervious surfaces. It is an important component of the Vermont Clean Water Act of 2015 (Act 64) and is designed to assist in the implementation of clean-up efforts in Lake Champlain, Lake Memphremagog, and stormwater-impaired waters, while also protecting high quality surface waters statewide. This general permit covers all operational stormwater permitting, including new development, redevelopment, and permit renewal.
The following project categories are eligible for permit coverage under 3-9050:
- A discharge from new development equal to or greater than one (1) acre;
- Effective July 1, 2022, a discharge from new development or redevelopment equal to or greater than ½ acre;
- A discharge from the expansion of an existing impervious surface, such that the total resulting impervious surface is equal to or greater than one (1) acre;
- A discharge from the redevelopment of an existing impervious surface if the redeveloped portion of the existing impervious surface is equal to or greater than one (1) acre; and,
- A discharge from a combination of expansion and redevelopment of an existing impervious surface, such that the total resulting impervious surface is equal to or greater than one (1) acre.
- A discharge from “impervious surfaces of three or more acres,” as defined in General Permit 3-9050.
- A discharge that has been previously authorized pursuant to an operational discharge permit
Additionally, this general permit serves as the “Three-Acre General Permit” as required under the Vermont Clean Water Act.
In response to public comment the Agency has provided "three-acre sites" additional time to prepare and submit the required permit applications.
The initial permit application will be due on a staggered schedule, starting 12 months from the effective date of the General Permit and will extend through early 2023, however previously permitted “three-acre sites” will apply for permit coverage prior to expiration of their existing permits starting with the effective date of the general permit. As part of the initial application (Initial NOI) landowners will need to provide basic project information.
Landowners will then have 18 months to complete an engineering analysis to determine a "best-fit" stormwater system that uses modern stormwater treatment practices to filter, store, or soak up runoff.
Once the stormwater system plan is approved, landowners will have up to five years to install the new stormwater systems.
The Agency will notify property owners affected by the requirements for "three-acre sites" directly and provide information on the application process. This notification will affect roughly 700 projects, including 8,000 landowners. Property owners in the Lake Champlain, Lake Memphremagog, and stormwater-impaired watersheds will be notified. Properties outside those watersheds will be notified at a later date. The Agency will also provide affected property owners a process for requesting reconsideration of a "three-acre site" designation.
The Agency received dozens of comments on the Draft General Permit. In response to these comments, the Agency prepared a Response to Comments.