Introduction

The National Pollutant Discharge Elimination System (NPDES) stormwater program regulates stormwater discharges from three possible sources: municipal separate storm sewer systems (MS4s), construction activities, and industrial activities. This Fact File will focus on stormwater discharges from construction activities. It explains frequently associated construction pollutants, the harm they can do, and construction stormwater permit descriptions and requirements. With proper permit knowledge related to stormwater discharges from construction activities, you can better help the environment and stay in compliance to avoid hefty fines.

Background

There are certain federal acts to be aware of in connection to stormwater discharges from construction. One of which is the national Water Pollution Control Act, which is also called the Clean Water Act (CWA). It was enacted in 1972. It says that the discharge of pollutants to U.S. waters from any point source is illegal unless the discharge complies with an NPDES permit. The Clean Water Act amendments of 1987 required the U.S. Environmental Protection Agency (EPA) to adopt regulations to require NPDES permits of storm water discharges related to construction actions. On November 16, 1990, the EPA published final regulations that set the requirements for stormwater permit applications for certain categories of industries.

Construction pollutants

When it rains, stormwater washes over the loose soil on a construction site. As stormwater flows over the site, it can gather pollutants such as sediment, debris, and chemicals from that loose soil. It can then transport them to close storm sewer systems or right into rivers, lakes, or coastal waters. Together with construction site operators, the EPA ensures that there are correct stormwater controls in place so that construction can continue in a way that protects the public’s clean water and the neighboring environment.

There are some pollutants that are frequently associated with construction sites. These include:

• Sediment
• Solid and sanitary wastes
• Phosphorus
• Nitrogen
• Pesticides
• Oil and grease
• Concrete truck washout

It may surprise you that sediment is actually the greatest pollutant of concern among this list. In a small window of time, construction sites can add more sediment to streams than what can be deposited naturally in a few years. From this and the contribution of other pollutants from construction sites and the new land uses, physical, chemical, and biological harm can result to surface waters. Too much sediment can rapidly fill rivers and lakes, demanding dredging and ruining aquatic habitats.

NPDES permit description

A Clean Water Act permit is necessary for stormwater discharges from any construction activity disturbing:

• One acre or more of land, or
• Less than one acre of land, but that is part of a common plan of development or sale that will eventually disturb one or more acres of land.

Construction activity includes earth-disturbing actions like clearing, grading, and excavating land and other activities that could produce pollutants.

All National Pollutant Discharge Elimination System (NPDES) permits for construction stormwater must address the minimum federal effluent limitation guidelines for the construction and development point source category. This is commonly called “the C&D rule.” The C&D rule sets minimum NPDES effluent limitations, like:

1. Design, install, and preserve effective erosion and sediment controls, and pollution prevention measures, to diminish pollutant discharge;
2. Stabilize disturbed areas right away when construction has stopped and will not continue for over 14 days;
3. Forbid the dewatering discharges unless managed by suitable controls;
4. Forbid the discharge of:
   • Wastewater from concrete washout (unless managed by suitable control), or washout/cleanout of stucco, paint, form release oils, other wastewater materials;
   • Fuels, oils, or other pollutants used for vehicles; and
   • Soaps of solvents to wash vehicles and equipment

Construction general permit requirements

The Construction General Permit (CGP) covers stormwater discharges from construction activities in areas where EPA is the NPDES permitting authority. The main requirements under this permit are to:

• Develop a Stormwater Pollution Prevention Plan (SWPPP) and keep it up to date.
• Complete and submit a Notice of Intent (NOI) to EPA via the NPDES eReporting Tool (NeT).
• Implement erosion and sediment controls and pollution prevention practices throughout construction.
• Conduct mandatory inspections to confirm compliance with permit. Inspections may only be conducted by a qualified person who has either: (1) completed the EPA construction inspection course and passed the exam, or (2) holds an up-to-date construction inspection certification or license from a program that covers the same core material as EPA’s inspection course.
• Conduct routine maintenance and take remedial action to correct issues with controls or discharges.
• Complete documentation of all site inspections, dewatering inspections, and corrective actions.
• Comply with turbidity monitoring requirements for dewatering discharges to sensitive waters (if appropriate).
• Comply with any state, tribal, or territory-specific requirements of the permit.

Applicable laws & regulations

40 CFR 450 — Construction and Development Point Source Category

Related definitions

Dewatering discharges: Construction-related discharges, including drainage water (surface rainwater and groundwater) and process water.

Point source: Any one identifiable source of pollution from which pollutants are discharged, like a pipe, ditch, ship, or factory smokestack.

Solvent: A liquid that is a single chemical or a mixture of chemicals used to dissolve a substance or material.

Key to remember

Overall, you need to obtain coverage under an NPDES permit if you are considered an operator of the construction site because you have operational control over:

• Construction plans and specifications, including the capability to make changes to them; or
• Day-to-day control of site activities at a project that are essential to ensure compliance with permit conditions (e.g., authorized to direct workers at a site to carry out activities mandated by the permit).

If this role description does not sound like you, then you are not the person to obtain coverage under an NPDES permit.

Real world example

Because stormwater discharge has the potential to cause such disastrous harm to the environment, the EPA takes permit compliance very seriously. You do not want to be one of the companies owing a civil penalty for failure to comply. A lumber company based out of Springfield, Oregon did just that when they violated the Clean Water Act. EPA alleges that the business failed to comply with the facility’s NPDES permit. The permit covers discharges of pollutants from the facility into the Willamette River. Alleged violations include the failure to:

• Properly document best management practices in the facility’s stormwater pollution control plan (SWPCP);
• Develop corrective action reports for benchmark exceedances;
• Limit exposure of a fixed fueling area to precipitation and runoff;
• Limit exposure of leak-prone equipment to precipitation and runoff;
• Cover waste;
• Conduct annual employee training; and
• Update the facility’s SWPCP.

Under the proposed EPA agreement, the respondent will pay a civil penalty of $64,500. Avoid being like this mentioned company and properly comply with the regulations of your NPDES permit, so you don’t face huge fines.