Stormwater Permit for Construction

NPDES Phase II stormwater program requires operators of any construction activity that disturbs one acre or more of ground to obtain a permit from the EPA or delegated states. The owner, developer, or general contractor may be considered as the operator of a construction activity. Contact the EPA or State permitting authority for clarification on who must apply for the construction permit. Most states are authorized to implement the Stormwater NPDES permitting program. EPA remains the permitting authority in a few states, territories, and on most land governed by Native American tribes.

The NPDES Phase II stormwater program was implemented on March 10, 2003. Five acres was the criteria for permit application in the previous Phase I program. Construction activities less than one acre must also obtain coverage if they are part of a larger common plan of development or sale that totals at least 1 acre. To comply with the Phase II stormwater program, there are three basic steps that construction projects operators must follow:

1. Submit a notice of intent (NOI) notifying the EPA or state's authorities that the permittee wishes to be covered by the general permit
   

2. Develop, submit, and implement a stormwater pollution prevention plan (SWPPP) that is approved prior to initiating any on-site activities. This plan specifies the measures that will be put in place to prevent and/or control erosion and sediment runoff

3. Submit a notice of termination (NOT) to the EPA or state's authorities when the construction is completed and the site is stabilized as defined in the permit, all temporary erosion and sediment controls have been removed, and no potential remains for construction-related sediment discharge to surface waters

Click here for the detailed information about stormwater discharges from construction activities in the EPA’s NPDES website.

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