Jun 05, 2019

Storm Water Construction Permit Modified

EPA changes storm water construction permit to address concerns

EPA changes storm water construction permit to address concerns

The U.S. EPA modified a storm water construction general permit (CGP) to address concerns by the National Association of Home Builders (NAHB) May 28.

According to NAHBNow, EPA addressed the removal of the “joint and several liability language in the permit that could hold builder’s responsible for another builder’s failure to comply with the Clean Water Act.” The requirement would have subjected building to fines for issues they did not create.

According to EPA, when multiple builders are at a site, they may develop a group storm water pollution prevention plan (SWPPP) instead of the individual SWPPs. However, each building is responsible for complying with the permit.

Two definitions were modified at the request of NAHB, and the permit modification clarified three requirements to be consistent with EPA regulations, according to NAHBNow.

The permit serves as a model for states when they develop their own storm water permitting requirements, according to NAHBNow. However, the CGP is only applicable in New Mexico, Idaho, Massachusetts, New Hampshire, Puerto Rico and the District of Columbia currently.

According to NAHBNow, “developers and builders must seek coverage under the CGP for construction that disturbs more than one acre, or less than one acre when the lot is part of a larger development, such as an individual builder working on single lots within a residential subdivision.”

The new CGP will be in effect until February 2022. EPA then will need to reissue a new CGP.