1. INSTRUCTIONS
      2. FOR NOTICE OF TERMINATION

3800-PM-BCW0229a
7/2017
COMMONWEALTH OF PENNSYLVANIA
NOT Instructions
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF CLEAN WATER
- 1 -
INSTRUCTIONS
FOR NOTICE OF TERMINATION
FOR A GENERAL (PAG-02) OR INDIVIDUAL NPDES PERMIT, ESCP, or ESCGP
FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES
GENERAL INFORMATION
This form serves to fulfill the obligations referenced in
25 Pa. Code §102.7 (related to Permit Termination).
Applicability
A permittee(s) presently covered under an Individual
National Pollutant Discharge Elimination System
(NPDES)
Permit
for
Stormwater
Discharges
Associated with Construction Activities, the General
NPDES Permit for Stormwater Discharges Associated
with Construction Activities (PAG-02), an Erosion and
Sediment Control Permit (ESCP), or an Erosion and
Sediment Control General Permit for Earth Disturbance
Associated with Oil and Gas Exploration, Production,
Processing, or Treatment Operations or Transmission
Facilities (ESCGP) shall submit this Notice of
Termination (NOT) form to the delegated county
conservation district or Department of Environmental
Protection (DEP) Regional Office (whichever is the
appropriate processing entity) for permits
granted the
grandfathering provision per 25 Pa. Code §102.8(a)
.
Per 25 Pa. Code §102.8(a), after January 1, 2013, the
renewal of a permit issued before November 19, 2010
shall comply with section 102.8, and thus, utilize the
NOT Form # 3800-PM-BCW022b which addresses the
long-term operation and maintenance criteria not
addressed by this NOT form. For example, a project
which had been issued prior to November 19, 2010,
renewed prior to January 1, 2013, and subsequently
renewed after January 1, 2013 must utilize the NOT
Form
#
3800-PM-BCW022b.
Additionally,
all
(regardless of permit issuance or renewal date)
NPDES
permits
containing
post
construction
stormwater management (PCSM) best management
practices (BMPs) installed or structurally modified to
ensure compliance with 102.8 after January 1, 2013
must utilize NOT Form # 3800-PM-BCW022b to
account for those portions of the project containing
PCSM BMPs installed or structurally modified after
January 1, 2013.
Per 25 Pa. Code §102.7, the NOT form is to be
submitted once the following have been achieved:
permanent stabilization of earth disturbance activities
per 25 Pa. Code §102.22(a)(2) and implementation of
PCSM BMPs per the approved PCSM Plan or site
restoration/reclamation
via
the
approved
Restoration/Reclamation Plan.
Per 25 Pa. Code
§102.22(a)(1), once permanent stabilization has been
established, the temporary erosion and sediment
control (E&S) BMPs shall be removed. Any areas
disturbed in the act of removing temporary E&S BMPs
shall be permanently stabilized upon completion of the
removal activity.
Per 25 Pa. Code §102.7, until written approval of a NOT
is received, the permittee and any co-permittees will
remain responsible for compliance with the permit
terms and conditions.
Permit expiration does not
relieve the permittee and any co-permittees of this
responsibility; only permit termination may provide
such relief.
NOT Form Submission
The
Department
of
Environmental
Protection
(Department) requires use of the most current NOT
form available. The current NOT form and other related
documents may be found under “E&S Resources" at:
www.dep.pa.gov/constructionstormwater
.
Please type
or print clearly when completing the form. If information
needed is more than space allows, attach additional
sheets.
NOT forms should be submitted to the conservation
district office for the county in which the project is
located, except for the following two counties:
NOT forms for projects located in Forest county
should be submitted to DEP’s Northwest Regional
Office in Meadville.
NOT forms for projects located in Philadelphia
county should be submitted to DEP’s Southeast
Regional Office in Norristown.
If your project occurs in multiple counties, the NOT form
should be submitted to the county conservation district
where the greatest amount of the project is located.
Contact information for the county conservation
districts
may
be
found
at:
https://pacd.org/?page_id=59
. A list of DEP regional
offices
can
be
found
at
http://www.dep.pa.gov/About/Pages/Office-
Locations.aspx
.
INFORMATION REQUIRED FOR THE NOT FORM
TO BE DETERMINED COMPLETE
The reviewing entity will review the NOT form. If the
NOT contains minor deficiencies, the permittee will be
notified via telephone or email to explain the
deficiencies and to offer the opportunity to submit the
necessary materials within 20 business days of the
original NOT receipt. If the NOT is deemed to be
incomplete, or if information requested is not received
within the 20-business day review period, a written

3800-PM-BCW0229a
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notice of denial, and reasons for such denial, will be
provided to the permittee, along with a request to
resubmit a NOT form. Once a NOT form is deemed
complete, the reviewing entity will schedule and
conduct an onsite inspection to verify project
completion and permanent stabilization.
The following information must be submitted for the
application to be considered complete.
Section 1. Permit Information
Check the appropriate box for the permit type and
provide the permit number.
Section 2. Project Location or Physical Address
Provide the facility/development name, address,
municipality, and county.
Provide the latitude and
longitude coordinates for the approximate center of the
project area or facility, in degrees, minutes, and
seconds.
Section 3. Reason for Permit Termination
Check the appropriate box which describes the reason
for the submittal of the NOT form. In most cases, the
NOT form should not be submitted until all construction
activity identified in the E&S/PCSM plan is complete
and all disturbed areas have been stabilized.
For
example, for a subdivision where the operator will
construct the infrastructure (roads, utilities, etc.) and
houses, the operator should not submit the NOT form
until all construction activity identified in the plans are
complete and all disturbed areas have been stabilized.
This includes individual lot development (i.e. house,
driveway, and lawn construction). Thus, the first box
should be checked.
However, circumstances may warrant a full permit
termination after either some or none of the planned
activities (i.e. any earth disturbance activities, such as
clearing, grubbing, grading or the installation of E&S
BMPs) were conducted, the site has been stabilized,
and there is no intention for the permittee to commence
or continue construction at the project site.
For full terminations where
some of the planned
activities
were
conducted
including
the
installation or utilization of PCSM BMPs
,
complete Sections 1 through 5 of the NOT form.
For full terminations where
some of the planned
activities were conducted yet no PCSM BMPs
were installed or utilized
, complete Sections
1 through 4 of the NOT form. In lieu of the Section
5 certification, submit a signed cover letter and
indicate in the letter that some earth disturbance
activities took place, no PCSM BMPs were
installed, and the site has been permanently
stabilized.
For full terminations where
no planned activities
were conducted,
complete Sections 1 through
4 of the NOT form.
In lieu of the Section 5
certification, submit a signed cover letter and
indicate in the letter that no earth disturbance
activities took place and no temporary E&S BMPs
were installed.
If a permittee(s) wishes to terminate permit coverage
on a portion of a project which is complete and
permanently stabilized while continuing to maintain
permit coverage on the remaining portion of a project
until completion, this can be achieved through a partial
permit termination. The following criteria must be met
to utilize a partial permit termination:
1. Both the area of land to be terminated and the
remaining land must be five (5) acres or greater.
Therefore, the total project site must be ten (10)
acres or greater.
2. Except for linear projects that involve restoration to
pre-construction
conditions,
to
the
extent
practicable in accordance with 25 Pa. Code
§102.8(n), both portions of the project must not be
hydrologically
connected
to
(contributing
stormwater
drainage/flows
to
or
receiving
stormwater drainage/flows from) each other, up to
and including the 100-year storm event.
For
example, if a BMP is located within the completed
portion of the site and infiltrates the 2-year/24-hour
storm but overflows during larger storm events to a
larger basin which is not contained within the
completed portion of the site, the partial NOT will
not be approved.
3. Single lot terminations are permitted, so long as
they meet the criteria above.
Provide a description of the portion of the project site to
be terminated and provide the metes and bounds
(attach additional sheet, if necessary). If submitting a
NOT form for a partial termination, a notice of intent or
permit application for an amendment to the permit to
reflect the reduction in the project site must be
submitted concurrently.
Section 4. Permittee Information
Provide the name, address, telephone number, and
email address of the permittee and any additional
permittees (those who had been listed as co-applicants
on the permit application).
The name(s) and
address(es) provided here must match the name(s)
and address(es) of the applicant(s) on the permit
application, unless the permit was transferred to a new
permittee(s); in which case, the name(s) and
address(es) must match the name(s) and address(es)
listed on any applicable transfer form.
Section 5. Certification
The person listed in Section 4 is to complete this
certification.
If an additional permittee is listed in
Section 4, print an additional Section 5 to be completed

3800-PM-BCW0229a
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by the additional permittee. There is no need for a
co-permittee, who was brought onto the permit after
permit
authorization/issuance,
to
complete
the
certification. Upon permit termination, all remaining
co-permittees who had been brought onto the permit
after authorization/issuance are automatically released
from liability.
The information provided in the
certification must match the information provided on the
permit application certification section or on any
applicable permit transfer forms.
The permittee must complete the required certification
by checking the appropriate box as indicated below,
entering the entity name both in the second paragraph
and next to the appropriate checkbox, and providing
the printed permittee name and title, permittee
signature, and date:
a. Corporations:
1) A president, vice-president, secretary, or
treasurer of the corporation in charge of a
principal business function, or any other
person who performs similar policy or decision-
making functions for the corporation; or
2) The manager of one or more manufacturing,
production or operating facilities if authority to
sign documents has been assigned or
delegated to the manager in accordance with
corporate procedures.
b. Partnerships or sole proprietorships -a general
partner or the proprietor, respectively.
c. Municipalities, State, Federal or other public
agencies -either a principal executive officer or
ranking elected official:
1) The chief executive officer of the agency; or
2) A senior executive officer having responsibility
for the overall operations of a principal
geographic unit of the agency (e.g., Regional
Administrators of EPA).
d. For individuals, no indication of entity name or title
is necessary.
If anyone else signs on behalf of a corporation,
partnership,
or
public
agency,
documentation
supporting delegation of contracting authority must be
provided.

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