NPDES Permits for Discharges Associated with Construction Activities

The Phase I National Pollutant Discharge Elimination System (NPDES) discharge program requires all operators of large construction activities which will disturb five or more acres of land to obtain permit coverage. More recently, NPDES Phase II regulations added permit coverage for small construction activities that disturb one to less than five acres. Effective December 7, 2002, DEP integrated the federal Phase II NPDES requirements into the existing Pennsylvania Phase I NPDES permit for stormwater discharges associated with construction activities (NPDES Construction Permit). An important distinction between Phase I and II is that the small construction activities only require permit coverage when the activity disturbs one to less than five acres and will result in a point source discharge to surface waters of the Commonwealth.

What does this mean to you? All construction projects that disturb 1 acre or more of land and result in a stormwater discharge must have either an individual stormwater permit, or coverage under one of Pennsylvania's general permits. Operators of sites disturbing less than one acre must also obtain a permit if their activity is part of a larger development with a planned disturbance of one acre or more. For permitting purposes, disturbance includes, but is not limited to soil disturbance, clearing, grading, and excavation.

To apply for an individual permit or for coverage under a statewide general permit an operator must file an application with DEP prior to starting any construction activities. Keep in mind that, in addition to these statewide rules, local stormwater and erosion control regulations may have more stringent requirements.

The recommended stormwater management process begins early in the project concept and design phase. Project teams (owner/developer, consultant/designer, contractor) are encouraged to meet with regulators (local government, county conservation district and DEP regional office) to discuss and review preliminary plans in pre-application conferences to ensure that stormwater management that meets applicable requirements is integrated into project planning and design.

Note: Pennsylvania Professional License laws require Licensed Professional Engineers to be in charge of engineered stormwater BMPs. This professional obligation applies to project planning, design, installation oversight and final certification to meeting applicable design standards and specifications.

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