Construction

Dischargers whose projects disturb 1 or more acres of soil or whose projects disturb less than 1 acre but are part of a larger common plan of development that in total disturbs 1 or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ). Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.

The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP should contain a site map(s) which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP must list Best Management Practices (BMPs) the discharger will use to protect storm water runoff and the placement of those BMPs. Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of BMPs; and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment. Section A of the Construction General Permit describes the elements that must be contained in a SWPPP.

Construction Activities

Construction activities (including other land-disturbing activities) that disturb one acre or more are regulated under the NPDES stormwater program. On March 10, 2003, new regulations came into effect that extended coverage to construction sites that disturb one to five acres in size, including smaller sites that are part of a larger common plan of development or sale. Sites disturbing five acres or more were regulated previously.

Operators of regulated construction sites are required to develop and implement Stormwater Pollution Prevention Plans (SWPPP) and to obtain permit coverage from an authorized State or from EPA, if the state is not authorized by EPA to issue NPDES permits. Most States are authorized to implement the NPDES permit program, including the stormwater program. These States issue their own NPDES General Permit directly to operators through their State Water Resources Control Boards, which will be considered the "Permitting Authority". However few areas (Counties and/or States) are not authorized. Operators in these areas will be issued an NPDES General Permit directly from the EPA and in these areas the EPA will be considered the "Permitting Authority". Use this list to determine if your state operates the NPDES stormwater program.

Based on EPA, What Types of Construction Activities May Need a Stormwater Permit?

Any construction activity that will, or is part of a "common plan" of development or sale that will, disturb one or more acres and has the potential to have a discharge of stormwater to a water of the United States must either have a permit OR have qualified for a waiver. These regulated discharges are broken into two categories: "Large" and "Small". A large construction activity is one that will disturb, or is part of a "common plan" that will cumulatively disturb, five or more acres. A small construction activity is one that will disturb, or is part of a "common plan" that will cumulatively disturb, one or more acres.

Construction and construction-related activities refer to the actual earth disturbing construction activities and those activities supporting the construction project such as construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), measures used to control the quality for stormwater associated with construction activity, or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants). It does not refer to construction activities unrelated to earth disturbing activities such as interior remodeling, completion of interiors of structures, etc. "Construction" does not include routine earth disturbing activities that are part of the normal day-to-day operation of a completed facility (e.g., daily cover for landfills, maintenance of gravel roads or parking areas, landscape maintenance, etc.) nor activities under a State or Federal reclamation program to return an abandoned facility property to an agricultural or open land use (as opposed to demolition of something in order to build something new).

Case Study: Caltrans Construction Stormwater Program

Oil and Gas

On June 12, 2006, EPA published a rule that exempts construction activities at oil and gas sites from the requirement to obtain an NPDES permit for stormwater discharges except in very limited instances. These amendments are consistent with the Energy Policy Act of 2005 signed by the President on August 8, 2005. This action also encourages voluntary application of best management practices for construction activities associated with oil and gas field activities and operations to minimize erosion and control sediment to protect surface water quality. The final rule is effective June 12, 2006.

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