Do I Still Need to Conduct A Stormwater Annual Comprehensive Inspection? Reply

CAPACCIO recently received questions related to the Stormwater Annual Comprehensive Inspection (ACI) which is a requirement under the 2008 Multi-Sector General Permit (MSGP). Specifically permitees wanted to know if they had to conduct the ACI on or before September 29 and also submit the report this year.

We developed this flow diagram to help companies determine if they have to conduct and submit a Stormwater ACI report.

Please contact Chris Walton at or at 508.970.0033 ext. 139 if you need further clarification.

Filing An NOE? EPA now requires electronic submission Reply

Did you know? The EPA issued a new No Exposure Certification (NOE) form under the 2015 Multi-Sector General Permit on June 4, 2015. You now must submit your No Exposure Certification electronically using the NPDES eReporting Tool on the EPA Central Data Exchange CDX website, unless you have a waiver from the EPA Regional office to use the paper form.

Please refer to the following guidance on using the NeT:

If you are given a waiver from your local EPA office corresponding to your facility location to use a paper NOE form, you may complete and submit the paper form available at:

For assistance or further information, please contact

Have you missed the August 3 deadline for Endangered Species? Reply

For existing permit holders

If you missed the August 3 deadline and realize you have endangered species on your property,  the EPA may be able to provide an expedited ESA review or provide an extension to the September 2, 2015 deadline on a case-by-case basis. Please call or email Lucy Servidio at CAPACCIO at 508-970-0033 ext. 114 or for additional information. Visit our stormwater portal for valuable information and tools to assist you with your MSGP submittal on our home page at

How could this cute little creature impact your stormwater NOI? Reply

LONG EARED BATAccording to the Natural Heritage & Endangered Species Program, the Northern Long-eared Bat is listed as Endangered and protected under the Massachusetts Endangered Species Act. This population of bat has been devastated by the spread of White-nose Syndrome, a type of fungus found in caves that grows over the bat during hibernation, causing them to periodically wake from hibernation, lose valuable stored fat, and fail to survive the winter.

While the delineation of most endangered species’ habitats are limited to certain areas like low lands, marshes, fields, etc, the critical habitat for the Northern Long-eared Bat is the entire state. As a result, when using the US Fish and Wildlife Service’s (FWS) “Information, Planning, and Consultation” (IPaC) mapping system to delineate your stormwater action area, the Northern Long-eared Bat will show up.  According to the instructions in Appendix E of the Multi-Sector General Permit (MSGP), “if you have determined that there are, or may be listed, species and/or designated critical habitat in your action area, you are not eligible under Criterion A and must complete the Criterion C Eligibility Form 30 days prior to submitting your NOI for permit coverage.” Therefore, all Massachusetts Notice Of Intent (NOI) filers under the MSGP would need to submit the Criterion C Eligibility Form by August 3, 2015.

In conversations with the EPA, this is not what they had intended.  According to the EPA, they are working with FWS to develop additional guidance for filers to use when making a Criterion A or Criterion C determination. Stay tuned. As soon as CAPACCIO has more information on this guidance, we will be sure to share it.

For more information about the MSGP, check the home page of our website where we have a Stormwater Information page which includes numerous resources like recorded webinars, presentation slides, and frequently asked questions regarding the MSGP. Feel free to submit a question through our Ask The Experts button on the home page of our website if you have any further questions.

More information about the Northern Long-Eared Bat is available at this link;