Summer 2003-03 Phase II of the NPDES Stormwater Regulation becomes effective

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Number 52
Summer 2003
Developers beware:

Phase II of the NPDES Stormwater Regulation becomes effective

On July 1, 2003, the U.S. Environmental Protection Agency published in the Federal Register its new Construction General Permit.

It covers all construction activities (including other land-disturbing activities) that disturb sites one acre or more in size (or smaller sites that are part of a larger common plan of development or sale). The new permit implements Phase II of the National Pollutant Discharge Elimination System Stormwater Regulation, which contains new requirements for construction sites between one and five acres. The latter came into effect on March 10, 2003. Construction sites disturbing five acres or more were regulated previously under Phase I of the program.

NPDES stormwater program

The NPDES stormwater program requires operators of construction sites to obtain an authorization to discharge stormwater under an NPDES construction stormwater permit. The program is concerned about the significant impact on water quality from stormwater runoff from construction activities. The CGP outlines a set of provisions construction operators must follow in order to comply with the requirements of the NPDES stormwater regulations.

Notice of intent

Specifically, construction site operators have to develop and implement stormwater pollution prevention plans and obtain permit coverage by filing a Notice of Intent form at least seven days prior to initiation of land-disturbing activities.

EPA is the recipient of the form for Puerto Rico, as the island is not authorized to issue NPDES permits.

4 Note:

Operators may obtain more information on the NPDES stormwater program at n

© 2003 Goldman Antonetti