Small Construction Stormwater Permit Waiver

Small construction activities which disturb fewer than 5 acres of ground may qualify for a waiver from the NPDES permitting authority based on the following conditions:

1. A low rainfall erosivity factor where the erosivity factor ("R" in the Revised Universal Soil Loss Equation (RUSLE)) is less than 5 during the period of construction activity
   

2. Total Maximum Daily Load (TMDL) analysis or an equivalent analysis determined that the allocations for small construction sites for the pollutant(s) of concern are not needed to protect water quality

Source: Image of Scott Bean,Houston, Texas

Waivers are not available for any construction activity disturbing 5 acres or greater, or fewer than 5 acres if it is part of a common plan of development or sale . It is the operator’s responsibility to submit a complete and accurate waiver certification to notify the permitting authority about the operator's intention. Where the operator changes or another is added during the small construction project, the new operator must also submit a waiver certification to the permitting authority.

Click here for more information on the waiver certification in the EPA’s website.

Copyright @ January,2005 Prepared by Transportation Environmental Resource Center (TERC)