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Stormwater Discharges from Construction Activities

Stormwater runoff from construction activities can have a significant impact on water quality, contributing sediment and other pollutants exposed at construction sites. The NPDES (National Pollution Discharge Elimination System) stormwater permit for construction activities is directed toward controlling the quality of stormwater runoff from construction activities.

The permit emphasizes the application of best management practices to control erosion and sedimentation processes during the construction phase of development (similar to the Erosion and Sedimentation Act). Construction managers need to obtain stormwater permits from Georgia EPD by filing a Notice of Intent (NOI) prior to initiating construction activities that disturb an area of greater than five acres. Phase II of the NPDES stormwater permit for construction activities, expected to be implemented in 2003, will extend the program to land disturbing activities of one to five acres.

The NPDES Stormwater Program requires operators of both large and small construction sites to obtain authorization to discharge stormwater under an NPDES construction stormwater permit. In 1990, the Phase I Stormwater regulations addressed construction activities that disturbed five or more acres of land as Category (x) of the definition of "stormwater discharges associated with industrial activity" (40 CFR 122.26(b)(14)(x)). The NPDES Stormwater Program also addresses small construction activities -- those that disturb between one and five acres of land - with the signing of the Phase II Final Rule.

For both the Phase I and Phase II Rules, the size threshold is based on the size of the "common plan of development or sale." As such, owners/operators of sites less than 5 acres (Phase I) or 1 acre (Phase II) may still need permit coverage if that activity is part of a larger common plan of development or sale that is greater than 5 acres (Phase I) or 1 acre (Phase II).

The development and implementation of stormwater pollution prevention plans is the focus of NPDES stormwater permits for large and small construction activities.

What Is Under This Topic?
Click on the following links to find information related to NPDES construction stormwater permitting:

  • Who's Covered?: Defines who is a construction site operator, large construction activities, and small construction activities. Also provides information on potential waivers from small construction activity permitting.
  • Permit Application Requirements: Describes the permitting options and requirements for operators of large and small construction activities. Also provides information on permit application and termination procedures.

Information on this page is from the U.S. Environmental Protection Agency's National Pollutant Discharge and Elimination System (NPDES) website.

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