Construction Storm Water Permitting
In the Water Quality Act of 1987, Congress established a schedule under which EPA was required to establish regulations and issue permits for storm water discharges “associated with construction activity”.Under EPA’s storm water program, all discharges associated with construction activity require a permit. To remain in compliance with the terms of the permit, permittees are required to have a Storm Water Pollution Prevention Plan, and several other specific requirements.In 1992 EPA issued a Baseline Construction Storm Water Permits. The baseline permit expired in September, 1997. On July 6, 1998 EPA issued a new Construction Storm Water Permit. Any facility having a baseline storm water construction permit, should reapply under the new general storm water permit. Unpermitted existing and new construction sites should also apply under the new construction permit.
Construction Permit Requirements:
- New conditions to protect listed endangered species
- Should the Owner, Contractor or Owner and Contractor be a Permittee?
- Expanded coverage to construction sites under five acres of disturbed land
- A requirement to post at the construction site the confirmation of permit coverage
- Performance objectives for the Storm Water Pollution Prevention Plan
- Authorization for discharge from support activities like Concrete plants
- Runoff coefficient of the site and the data describing the soil or the quality of any discharge from the site
- Area and Site map indicating drainage pattern, anticipated slopes, area of soil disturbance and several other items
- Erosion and Sediment Controls plan
- New schedule of Inspections
- Final Stabilization requires uniform vegetative cover
Penalties for Non-Compliance:
Non-compliance with the Clean Water Act is a serious issue. For example, under the Clean Water Act, “negligent” violations can result in a fine of up to $27,500 per day of violations and or up to one year in prison.