What Are the Federal Requirements for Stormwater Runoff from Construction Sites?
Clearing, grading, and excavating activities that disturb one acre or more, including smaller sites in a larger common plan of development or sale
The Clean Water Act and associated federal regulations (Title 40 of the Code of Federal Regulations [CFR] 123.25(a)(9), 122.26(a), 122.26(b)(14)(x) and 122.26(b)(15)) require nearly all construction site operators, engaged in clearing, grading, and excavating activities that disturb one acre or more, including smaller sites in a larger common plan of development or sale, to obtain coverage under a National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges. Further, as a part of the NPDES program, the U.S. Environmental Protection Agency (EPA) can authorize states to implement the federal requirements and issue stormwater permits.
What Construction Activities Require NPDES Permit Coverage?
Actions that result in a disturbance of the land, including clearing, grading, excavating, and other similar activities
In the stormwater pollution prevention plan (SWPPP) resource entitled Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites by the EPA, the term “construction” refers to actions that result in a disturbance of the land, including clearing, grading, excavating, and other similar activities.
Further, “construction-related activities” address areas that support the construction project such as stockpiles, borrow areas, concrete truck washouts, fueling areas, material storage areas, equipment storage areas, etc. Accordingly, construction and construction-related activities that do not disturb land, such as interiors, generally do not require NPDES permit coverage.
Erosion Controls versus Sediment Controls
The primary purpose of both erosion control measures and sediment control measures is to protect our surface waters.
On the one hand, erosion control measures (e.g., mulch, blankets, mats, vegetative cover) protect the soil surface and prevent soil particles from being dislodged and carried away by wind or water. On the other hand, sediment control measures remove soil particles after being dislodged, generally through settling or filtration.
The following seven common objectives of an effective stormwater pollution prevention plan (SWPPP) help construction site operators comply with the terms and conditions of the construction general permit, in order to protect water quality and surface waters. In summary, the primary purpose of erosion and sediment controls is to protect our surface waters.
Seven Common SWPPP Objectives
- Stabilize the site as soon as possible.
- Protect slopes and channels.
- Reduce impervious surfaces and promote infiltration.
- Control the perimeter of your site.
- Protect receiving waters adjacent to your site.
- Follow pollution prevention measures.
- Minimize the area and duration of exposed soils.
Keywords
122.26, CFR, Clean Water Act, clearing, Code of Federal Regulations, construction, construction activities, construction general permit, construction site, construction site operators, construction-related activities, Environmental Protection Agency, EPA, erosion, erosion controls, excavating, grading, National Pollutant Discharge Elimination System, NPDES, sediment, sediment controls, stormwater, stormwater dicharges, stormwater permits, Stormwater Pollution Prevention Plan, stormwater runoff, surface waters, SWPPP, U.S. Environmental Protection Agency, water quality, weather controls
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(Source: Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites. Washington, DC: U.S. Environmental Protection Agency, 2007. Print.)