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National Pollutant Discharge Elimination System (NPDES) Stormwater Program
Overview
The 1972 amendments to the Federal water Pollution Control Act, also referred to as the Clean Water Act (CWA) prohibit the discharge of any pollutant to waters of the United States (U.S.) from a point source unless the discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit (a.k.a. stormwater permit). Efforts to improve water quality under the NPDES Stormwater Program traditionally focused on reducing pollutants in discharges of industrial process wastewater and municipal wastewater treatment plants.In response to the need for comprehensive NPDES requirements for discharges of stormwater, Congress amended the CWA in 1987 to require the U.S. Environmental Protection Agency (EPA) to establish phased NPDES requirements for stormwater discharges. On November 16, 1990, the EPA published the initial permit application requirements for certain categories of industrial stormwater discharges (e.g., wastewater treatment plant) and for discharges from municipal separate storm sewer systems (MS4) (e.g., City of Altamonte Springs) located in municipalities with a population of 100,000 or more. NPDES permits provide a mechanism for monitoring the discharge of pollutants from Phase I sources to waters of the U.S. and for establishing appropriate controls. In addition, on August 7, 1995 the EPA promulgated a final rule addressing Phase II sources, which includes all other sources of stormwater discharges not specifically classified as a Phase I.
The NPDES Stormwater Program is administered by either the EPA or an authorized state; in Florida, the NPDES stormwater program has been administered by the State of Florida Department of Environmental Protection (FDEP) since October 2000. Since the creation of the CWA in 1972, there has been a major force in the nation’s efforts to protect and restore the quality of our rivers, lakes, and coastal waters. With its implementation the NPDES stormwater program is responsible for significant improvements to our Nation's water quality. According to the EPA, “thirty years ago, only one-third of our waters were considered healthy. Today, approximately two-thirds are healthy.”
The City of Altamonte Springs NPDES Program
A municipal separate storm sewer system (MS4) is a publicly-owned conveyance or system of conveyances (e.g., ditches, curbs, catch basins, underground pipes, etc.) that is designed for the discharge of stormwater to surface waters of the State. A MS4 can be operated by municipalities, counties, drainage districts, colleges, military bases, or prisons, to name a few examples.
As previously mentioned the NPDES program was a two-phased program in which large to medium MS4’s were permitted under Phase I. The City of Altamonte Springs is within a highly urbanized area, so DEP deemed the City to meet the Phase I classification. In order to reduce duplication of efforts the City partnered with Seminole County and the six other local municipalities to submit a comprehensive permit application. In October of 1998, the EPA issued an NPDES MS4 Phase I Permit 0000038 (valid for five years) to Seminole County, the permittee, and the seven local municipalities as the co-permittees. As required by permit number 0000038, the permittee and its’ co-permittees are directed to develop stormwater management plans (SWMP), water quality monitoring programs, public outreach programs, inspection and maintenance programs, illicit discharge reporting programs, perform construction site inspections, and submit individual comprehensive annual reports, as well as, a number of other requirements. For more information on this program please call (407) 571-8331 or email dmarshall@altamonte.org.
NPDES Program for Construction Activities
Stormwater runoff from construction activities can have a significant impact on water quality by contributing sediment and other pollutants to water bodies. The NPDES stormwater program for construction activity regulates "large" and "small" construction activity. The program regulates stormwater discharges that are associated with construction activities and that discharge to surface waters of the State or into municipal separate storm sewer systems. The following defines the key terms for determining program coverage:
Large construction activity is defined as activity that:
- Disturbs five acres or greater of land, or
- Disturbs less than five acres of land that is part of a larger common plan of development or sale that will ultimately disturb five acres or greater.
Small construction activity is defined as activity that:
- Disturbs equal to or greater than one and less than five acres of land, or
- Disturbs less than one acre of land that is part of a larger common plan of development or sale that will ultimately disturb between one and five acres.
An operator is the entity that owns or operates the construction activity and that has authority to control those activities at the project necessary to ensure compliance with the terms of the permit.
Disturbance includes, but is not limited to soil disturbance, clearing, grading, and excavation.
A larger common plan of development or sale is an area where multiple, separate, and distinct construction activities may be taking place at different times and at different schedules under one plan.
Permit Options: Operators of construction activities MUST obtain coverage under a NPDES stormwater permit and implement appropriate pollution prevention techniques to minimize erosion and sedimentation and properly manage stormwater. A Construction Generic Permit (CGP) is a general permit issued by the Department of Environmental Protection (DEP) under the authority of Section 403.0885, Florida Statutes (F.S.), which is the provision authorizing the State to implement the NPDES program.
CGP Requirements: A CGP Notice of Intent (NOI) (DEP Form 62-621.300(4)(b)) must be submitted to the NPDES Stormwater Notices Center to obtain permit coverage.
A Stormwater Pollution Prevention Plan (SWPPP) must be developed and implemented to be in compliance with the permit. For details, see the SWPPP guidance provided below.
A Notice of Termination (NOT) (DEP Form 62-621.300(6)) must be submitted to the NPDES Stormwater Notices Center to discontinue permit coverage. Permit coverage may be terminated when the eligibility requirements for termination specified in the CGP are met.
Obtaining Permit Coverage: To obtain NPDES stormwater permit coverage, a regulated construction operator must complete the following steps:
1. Obtain copies of the CGP and NOI.
2. Carefully read the permit language.
3. Develop and implement a SWPPP.
4. Complete an NOI in its entirety.
5. Submit the NOI along with the application fee, as indicated below, to the NPDES Stormwater Notices Center. Authorization is usually granted 48 hours after the date the complete NOI is post-marked to the Notices Center. The Notices Center will send an acknowledgement letter after receipt and processing of the complete NOI and fee (a copy must be submitted to the City’s Public Works Department).
6. The fee is required by Rule 62-4.050(4)(d), F.A.C.. Make checks payable to the Florida Department of Environmental Protection.
Large Construction (disturbs 5 or more acres of land) is $400.
Small Construction (disturbs between 1 and 5 acres) is $250.
7. Re-apply for coverage every five years (if the construction activity extends beyond a 5-year period) or submit an NOT to terminate coverage.
To print a complete brochure click here.
Guidance for Stormwater Pollution Prevention Plans Provided are two sample SWPPP templates (SWPPP 1, SWPPP 2). These templates may be used as a general guide for development of
a SWPPP associated with construction activities. However, these templates may not contain all applicable requirements for all construction sites. Please refer to the CGP for Stormwater Discharge from Large and Small Construction Activities, DEP Document 62-621.300(4)(a), Part V, to verify that you are meeting all permit requirements. Specifically:
- The SWPPP shall be completed prior to the submittal of the NOI to be covered under the CGP for Stormwater Discharge from Large and Small Construction Activities.
- The SWPPP shall be amended whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to surface waters of the state or a MS4.
- The SWPPP also shall be amended if it proves to be ineffective in significantly reducing pollutants from sources identified in Part V.D.1. of the permit. The SWPPP also shall be amended to indicate any new contractor and/or
subcontractor that will implement any measure of the SWPPP. All amendments shall be signed, dated, and kept as attachments to the original SWPPP.
NPDES FAQ & Resources
Frequently Asked Questions: USEPA FAQ
DEP NPDES Stormwater Program Basics
DEP NPDES Rules
EPA NPDES Stormwater Program Basics
City of Altamonte Springs Stormwater Ordinance
Florida Stormwater Association
Stormwater: Journal for Surface Water Quality Professionals
