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Stormwater Permits

ODOT holds several permits which regulate how it manages its drainage systems and runoff. These regulate runoff from both construction sites and constructed impervious surfaces within its jurisdiction. Some permits are programmatic, or general, permits that govern the system as a whole or classes of regulated activities, while others apply to specific construction projects. Compliance with these permits helps ensure consistency with law and ODOT’s environmental guiding principles.

Municipal Separate Storm Sewer System (MS4) Permit

ODOT holds a National Pollutant Discharge Elimination System (NPDES) MS4 permit issued by the Oregon Department of Environmental Quality. This permit authorizes the municipal separate storm sewer system associated with ODOT owned and/or operated roads, water quality facilities, maintenance yards, rest areas, and other facilities located in ODOT highway right-of-way to discharge stormwater to surface waters of the state.

Stormwater discharges from construction sites, newly developed and redeveloped sites, and maintenance activities must comply with conditions of the MS4 permit. ODOT's plan for complying with the MS4 permit conditions can be found in our Stormwater Management Program Document.

Contact the Clean Water Coordinator for previous annual reports.

Underground Injection Control (UIC) Permit

ODOT's UIC permit, issued by DEQ, covers the discharge of stormwater and incidental fluids through Class V individual injection systems. The UIC permit is an area permit, meaning that it covers all permittee-owned or permittee-operated injection systems for stormwater and incidental fluids at multiple locations within ODOT’s jurisdiction. This permit authorizes ODOT to construct, install, modify, operate, or close (decommission) injection systems in accordance with the permit. Consult Technical Bulletin GE07-03(B) for pre-treatment and set-back& requirements for new UICs.

1200-CA Permit (Construction Stormwater)

The NPDES 1200-CA permit is a general permit that covers multiple projects of similar types and regulates the discharge of stormwater from construction sites. ODOT holds five 1200-CA permits - one for each ODOT region.

The 1200-CA permit addresses multiple pollution types, but the main focus of the regulation is the prevention of erosion and the control of sediment runoff, so that sediment does not enter water bodies. Compliance with the 1200-CA permit requires each project with more than one acre of ground disturbance, or in proximity to a water body or wetland to submit an erosion and sediment control plan (ESCP), install, inspect and maintain erosion prevention and sediment control best management practices throughout the life of the project to ensure permit compliance, and prevent sediment from leaving ODOT project sites. Visit ODOT’s Erosion and Sediment page for details on 1200-CA permit compliance and erosion and sediment control plan preparation.

Federal Aid Highway Program (FAHP) Programmatic

The Federal Aid Highway Program (FAHP) Programmatic is a streamlined biological opinion for federally funded projects that may impact federally listed species. It includes information on specific stormwater requirements that apply to most ODOT projects that receive federal funding. Specifically, this document details the stormwater management requirements for projects that have the potential to negatively impact water quality or increase flows in streams. For more details on the FAHP programmatic, refer to ODOT’s Endangered Species Act webpage.

Clean Water Act Section 401 Water Quality Certifications

Most ODOT construction that involves placing fill in streams or wetlands requires a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers. That permit in turn requires a Section 401 water quality certification, usually issued by DEQ.

For projects that require water quality certifications and involve the construction or reconstruction of impervious surfaces, a stormwater management plan (SWMP) must be prepared to secure regulatory approval of the project’s stormwater management strategy. For guidance regarding water quality certifications and stormwater management plans, refer to the following resources:

DEQ has also published general (not ODOT or highway-specific) Post-Construction Stormwater Management Plan Submission Guidelines, which can be found on their “Resources for 401 Projects” webpage.

Operational Notice PD-05

PD-05: Post-construction Stormwater Management for Environmental Compliance