07-98
CHAPTER 5
COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
REQUIREMENTS
The Environmental Protection Agency (EPA) has developed a comprehensive
regulatory program to control pollutants which enter the "waters of the United
States" as a result of storm water runoff. The program is part of the National
Pollutant Discharge Elimination System (NPDES) permit program that was
established by the Clean Water Act in 1972 to regulate discharges from
municipal and industrial sources. Construction activities are included under
this new storm water permit program.
The NPDES program has for the most part been delegated to the individual
states to administer. There are only 11 states that are non-delegated states.
For these 11 states the Federal EPA administers the program. The other states
are free to administer the program as they see fit as long as they meet
minimum Federal requirements. As a result, the program will vary from state to
state and contractors must become familiar with the specific requirements in
the states in which they work.
In an effort to assist in understanding the requirements, the following
Questions and answers have been prepared:
Question #l - What construction and construction related activities must be
covered by an NPDES storm water permit?
Answer - Construction activities disturbing five acres or more of land area
must be covered by a storm water permit if the storm water discharged from
the site does not flow into a municipal combined sewer system. If the storm
water flows into a municipal combined sewer system it is likely that the
municipality will require storm water control measures, but a permit under
this program is not necessary.
Question #2 - What is the deadline for construction activities to be
covered by a storm water permit.
Answer - Construction activities, which will begin on or after October 1
1992 must obtain storm water permit coverage in advance of the start of
construction. How far in advance will depend on the state in which the
activities will take place and whether or not the activities can be covered
by a general permit or an individual permit.
Question #3 - What states are covered by the Federal EPA storm water
requirements?
Answer - The following 11 states are subject to the EPA storm water
requirements AZ, AK, FL, ID, LA, ME, NH, NM, OK, SD, TX.
Question #4 - What are the storm water permit requirements in these states?
Answer - EPA has issued a general permit for construction activities in
these 11 states. A general permit is a "permit by rule". In other words,
EPA has established generic requirements for sediment and erosion control,
storm water management and other controls. To be included under a general
permit, an applicant submits a Notice of Intent (NOI) indicating an
intention to follow the requirements of the general permit. EPA will not
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