When a construction project wraps up, you’re not done just because the hard hats come off. There’s still paperwork with real legal weight that needs to be finalized. One of the most important is the notice of termination agreement. For stormwater compliance, it is the final box to check.
What Is a Notice of Termination Agreement?
A termination agreement is a formal document that officially ends a legally binding contract or obligation. In construction and environmental compliance, it often signals the end of permit coverage under stormwater regulations. It affirms that every requirement tied to your permit has been addressed.
For stormwater compliance, this agreement tells regulators that your site no longer poses a risk of pollution and that you have met all conditions in the original permit. It is the final step that proves you kept your promises to both the environment and the state.
The Purpose of a Termination Agreement
The termination agreement is used to:
- End coverage under the General Construction Stormwater Permit
- Certify that the site is stable and environmentally safe
- Avoid ongoing fees and compliance obligations
- Transfer responsibility without lingering legal risks
Meeting Notice of Termination Requirements Step-by-Step
Final Stabilization
You need to confirm that the site has achieved final stabilization. This means the soil is no longer at risk of erosion and there is permanent cover like vegetation or hardscape in place. It should look more like a finished property and less like an active job site.
Eliminating Pollutant Discharge
It is critical to verify that construction-related pollutants cannot be washed away into nearby drains. That includes materials like concrete, oils, sediment, and anything else that does not belong in the water. If it could still flow off-site with the rain, the job is not done.
Completing All Permit Requirements
All elements of the Storm Water Pollution Prevention Plan (SWPPP) must be fully implemented. If there are tasks left undone, such as removing sediment controls or finishing site grading, the site is not ready. Every requirement must be completed before filing the termination agreement.
Submitting Through SMARTS
The Notice of Termination (NOT) is submitted electronically through the State Water Board’s SMARTS system (Stormwater Multiple Application and Report Tracking System). You’ll need to upload supporting materials such as a final site map and recent photos to document the current site conditions.
Certification
This part carries legal weight. The LRP must personally certify that all requirements have been met. By submitting the NOT, you are confirming that the site complies fully with the General Permit and that no stormwater discharge will occur that contains pollutants. Signing off on this without verification could lead to fines or enforcement action.
Maintaining Compliance Until Approval
Just because the NOT is submitted does not mean you are in the clear. Until the Regional Water Quality Control Board formally approves it, the permit stays active. That means continued compliance is required, including inspections and fee payments. Treat the time between submission and approval as an active compliance period.
Handling this process with care helps avoid unexpected costs, delays, and regulatory headaches.
The Role of the Qualified SWPPP Practitioner
Another key player in the termination agreement process is the Qualified SWPPP Practitioner (QSP) who helps make sure the site truly meets compliance standards. This is a service offered by SWIMS, and it can make a big difference in getting your termination approved smoothly.
Think of the QSP as your on-the-ground expert. They verify that your site meets all the technical and environmental standards required for termination.
Final Site Verification
The QSP conducts a full inspection of the construction site. They check for permanent stabilization, make sure temporary erosion controls have been removed or replaced, and ensure there is no risk of future pollutant discharge. If anything looks off, they will flag it for correction before you move forward.
Documentation
One of the QSP’s biggest roles is providing proper documentation. After inspection, they prepare a final report or certification that outlines the site conditions. This report becomes critical supporting documentation for the LRP when submitting the termination agreement.
It is your evidence. Without it, you might run into pushback or delays.
SWPPP Implementation
The QSP confirms that every part of the SWPPP has been fully implemented. They are checking for follow-through. If the plan called for vegetated swales or sediment traps, the QSP confirms they are there and functioning as intended. If corrective actions were required earlier in the project, they verify that those were taken care of, too.
This thorough review ensures that your termination agreement stands up to scrutiny and that the site is fully ready to exit the permit.
Why the Termination Agreement Really Matters
It is easy to think of the termination agreement as a final form to file and forget. But treating it like an afterthought can lead to some major regrets. Failing to submit a complete and accurate termination can leave you exposed to compliance issues, unexpected costs, and state inspections long after you thought the job was done.
This agreement closes the loop and tells the regulators that your site no longer poses a risk to water quality. It tells your clients that the project is finished responsibly. And it tells your team that their hard work is officially complete.
Beyond paperwork and checklists, the termination agreement reflects your professionalism. It shows that you respect the land, the law, and the community. Stormwater pollution may seem invisible, but the damage it causes is not. Submitting a complete and honest termination agreement means you take that responsibility seriously.
It is also important to note that the next client or inspector might remember how you handled your last project. Getting the termination right is just good practice and good business.
Wrap Your Project Up Right
A termination agreement is your clean, official ending to a project. It protects you legally, proves environmental compliance, and signals that the work was done responsibly. Ignoring it or rushing through can cost you later.
Take the time to finish the job the right way. Your site, your reputation, and your budget will thank you.
From Mud to Mission Accomplished (Why SWIMS Should Be Your Next Call)
SWIMS helps developers finish strong. Our SWPPP Services make sure your termination agreement is ready for approval and fully backed by expert documentation. When you are ready to close out your project, we are ready to help.
Let’s get it done right—contact SWIMS today to begin and end your project with confidence.