Most large contractors are familiar with the amended Clean Water Act supporting the US Environmental Protection Agency (EPA) to implement Phase I of the National Pollutant Discharge Elimination System (NPDES) Stormwater Program in 1990. This ruling, affecting medium to large industrial activities in 11 categories that disturbed 5 or more acres of land, was required by the EPA to obtain permit coverage for storm water discharge. The ruling was meant to counterbalance negligence in erosion control practices and tighten enforcement of the Clean Water Act protecting water systems from runoff and sediment.
The EPA has since amended the NPDES Program, due in large part to a lawsuit filed against the agency, including a Phase II that pursues the small contractors and small construction activities.
The Phase II program was developed and implemented by the EPA in March of 2003 to protect a wider range of areas such as animal feeding operations; industrial and commercial facilities; municipalities and waste water treatment plants; sanitary sewers; and storm water. According to the parameters of Phase II “small construction activity” is defined as:
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Activity that will 1 acre or more and less than 5 acres or
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Activity that will disturb less than 1 acre but is part of a larger common plan of development or sale whose total land-disturbing activities total between 1 and 5 acres and will discharge storm water runoff from the construction site to a storm water sewer or waters of the United States.
It is recommended by the EPA that construction sites have erosion and sediment control plans in effect. Erosion plans can include filter berms, mulching, straw, hydroseeding and sodding.
In the wake of this rush to compliance, many rental companies and manufacturers, like the Finn Corporation, Fairfield, Ohio, are finding a growing interest in their erosion control equipment.
Those unsure of whether or not they are affected by Phase II or in compliance with its regulations can learn more by contacting the United States EPA Office of Wastewater Management at www.epa.gov.