Regional General Permit for Repair and Protection Activities in Emergency Situations

San Francisco District of the U.S. Army Corps of Engineers (POC:  Frances Malamud-Roam, (415) 503-6792), has re-issued Regional General Permit (RGP) 5, which will allow expedited authorization for discharges or work in waters of the United States within the District for repair or protection activities in emergency situations. This RGP has been re-issued under the authority of Section 404 of the Clean Water Act of 1972, as amended (33 U.S.C. § 1344 et seq.), and Section 10 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. § 403 et seq.).  This RGP expires on October 15, 2024.

In order for a project to qualify for authorization under this RGP, the applicant must comply with the General Conditions specified.  The following list highlights, and therefore should not be considered a complete listing of, the steps which need to be followed to receive Corps’ authorization under this RGP.

1. The situation must meet the criteria of an “emergency” as set forth in the RGP.  An "emergency situation" is present where there is a clear, sudden, unexpected, and imminent threat to life or property demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services (i.e., a situation that could potentially result in an unacceptable hazard to life or a significant loss of property if corrective action requiring a permit is not undertaken immediately). 
    
2. The Corps may not view an action as an emergency if the applicant has known of the deficient condition of the failing structure and has not made reasonable attempts to secure appropriate permits and conduct timely repairs.
    
3. The applicant must submit a request containing the basic details outlining the situation and the remedies proposed to correct the situation. A copy of that request must also be sent to the State Water Resources Control Board and to the appropriate Regional Water Quality Control Board. A processing fee must also be paid to the State Water Resources Control Board at this time.  Applicants should confirm the correct fee amount with the appropriate Regional Water Quality Control Board before submitting payment.
    
4. The District Engineer (through the Regulatory Division) will consult with appropriate resource agencies to obtain their timely input regarding the proposed project. 
    
5. The project must have not cause more than a minimum impact to the aquatic environment after considering proposed mitigation.  The District Engineer (or a person delegated to do so) will consider the applicant’s submittal, information provided by other agencies, staff knowledge of the area and other applicable requirements and make a prompt decision whether to authorize the activity (with or without additional site specific conditions) or not to allow the project to proceed as proposed. 
    
6. The District Engineer’s decision will be communicated to the applicant as promptly and efficiently as possible. 
   
   NOTE:  The applicant must not start work until receiving proper authorization unless he determines that the consequences of not starting work outweigh the concern of proceeding without proper authorization.
    
7. After the work is complete, the permittee MUST submit a report detailing the actual work accomplished.  The District Engineer, in consultation with all the involved agencies, will then determine if additional requirements will be imposed on the project to ensure there is no overall adverse affect to aquatic resources.  This post- activity report MUST also be sent directly to the State Water Resources Control Board and to the appropriate Regional Water Quality Control Board. 

Links:

• Regional General Permit 5
• State Water Resources Control Board 401 Certification
• USEPA 401 Certification