Administrative Guidance Manual - Center for Dirt and Gravel Road ...

Conservation districts and municipalities that participate in the Dirt and Gravel Road
Maintenance Program may on occasion encounter situations that require the involvement
of Federal agencies. This list of agencies may run the gamut from the U.S. Forest
Service, the U.S. Fish and Wildlife Service, The Environmental Protection Agency, the
U.S. Army Corps of Engineers, the U.S. Department of Agriculture, the Office of Surface
Mining and others. In some counties there may be involvement with two offices of the
same agency. For example counties that include parts of the Susquehanna and Ohio
River basins may be required to work with two separate offices of the Corps of
Engineers. The Conservation Districts should be aware of the federal requirements and
the offices they must work with. The conservation district staff should make contacts
with these offices prior to submitting permit applications.
C. NPDES Regulations
The National Pollutant Discharge Elimination System (NPDES) is a program established
under the Federal Clean Water Act (CWA) to control discharges from point sources. The
program was originally established to focus on discharges from pipes but since 1990 has
included requirements for storm water runoff. The specific statute is found in Section
402 of the CWA.
There are two phases to the NPDES program; Phase I and Phase II.
Phase I facilities are identified as:
• Those with an existing permit
• Industrial activity such as heavy manufacturing, construction or transportation
• Large municipalities with populations greater than 250,000
• Medium municipalities with populations greater than 100,000 and less than
250,000
• And those facilities contributing to a violation of the CWA.
Construction activities that are subject to NPDES – Phase I are those that:
• Will disturb five (5) acres or more
• Will disturb less than five (5) acres but is part of a larger plan of development that
affects at least five acres
And
• Will discharge stormwater runoff into a municipal separate storm sewer system or
waters of the United States.
In 1992 EPA issued baseline general permits for industrial dischargers and constructions
sites and allowed for states with delegated powers to develop their own general permits.
Facilities affected by Phase II storm water regulations are:
• Commercial, retail, light industrial and institutional facilities
• Construction areas of less than five (5) acres
• Municipalities of less than 100,000 people.
40 Version 6.00 March 3, 2005