No Action Assurance From Georgia EPD – Development Can Continue Under 2008 NPDES Permit

Council Remains Engaged in Process 

The Georgia EPD issued a statement last Friday regarding its assurance of NO ACTION Regarding Storm Water Discharges Associated with New Construction Activity under the 2008 NPDES General Permit.

According to Frank Carubba of the EPD… “This No Action Assurance is necessary because the new NPDES State General Permits to replace the existing NPDES State General Permits will not be final and effective prior to the expiration date, July 31, 2013, of the existing NPDES State General Permits (Nos. GAR100001, GAR100002 and GAR100003).”

“For each Notice of Intent (NOI) – Version 2008 filed on or after August 1, 2013, EPD’s No Action Assurance is conditioned upon compliance at the construction site with all requirements and conditions of the applicable NPDES State General Permit issued on August 1, 2008.”

This action means the construction and development industry and public projects will be able to proceed on schedule after August 1st by filing an NOI under the 2008 General Permit. This vehicle will remain in place until the new General Permits are approved.

The Council for Quality Growth thanks Director Turner, Watershed Protection Branch Chief, James Capp and all EPD staff for their hard and diligent work on this solution. We also thank all of our industry partners for their efforts toward this solution which is very meaningful in this recovering economy.


With the news that there would be a gap between the July 31, 2013 expiration of the NPDES General Permits and the issuance of the new permits, the Council for Quality Growth quickly went to work.

Council President & CEO Michael Paris was in constant contact with the Department of Natural Resources and EPD staff, including EPD Director Jud Turner to help resolve this issue.   Director Turner affirmed it has been a top priority not to shut down development during this period. The issuance of the No Action Assurance letter is a much appreciated solution from the EPD.

The Council for Quality Growth was actively engaged in the 2013 Stakeholders Group for the Permit Re-Issuance of the NPDES General Permit for Construction Activities, along with other key members of the development community, since early February.  Council Members John Kelley with North American Properties and Woody Snell with Lynwood Development and Rick Porter with RichPort Properties, along with Council staff have provided in-depth comments to the Georgia EPD regarding the re-issuance of the permits.

Public Notice for Written Comments

Public comment for NPDES General Permits No. GAR100001, No. GAR100002 and No. GAR100003 should be received by EPD at the close of business on August 30, 2013.

Please refer to links below for further information:

To access the Public Notice for NPDES General Permits from July 2013, click HERE

To access the fact sheet regarding NPDES General Permits from July 2013, click HERE

To access links regarding existing NPDES Construction Storm Water General Permits, click HERE

To view the No Action Assurance Letter from July 26, 2013, please click HERE

To view EPD contact information, please click  HERE 


Please click on the following links to view NPDES Final Drafts: 

To view the Final Draft of the NPDES General Permit Stand Alone, Click HERE

To view the Final Daft of the General Permit Infrastructure Revisions, Click HERE

To view the Final Draft of the NPDES General Permit Common Development Revisions, Click HERE


For a full background of the issue, click HERE to access the Members Only content on the Council website.