Remaining in compliance with the EPA's Clean Water Act (CWA) can be a complex task. You have to comply with numerous regulations and requirements, some more obvious than others. With so many other concerns onsite like meeting deadlines and satisfying customers, it can be difficult to focus on the stormwater regulations enforced by the EPA.

Imagine what happens when spilled oil, an overflowing dumpster, loose excavated soil, and open bags of concrete are on one of your jobsites during a rainstorm. These pollutants flow untreated into streams, rivers, lakes, and bays, contaminating drinking water and harming the natural balance of the environment. Would you want to swim in a lake that has been polluted by runoff from a jobsite? What about eating the fish caught from that lake? If you remember Blinky, the three-eyed fish from The Simpsons, then you'd probably rather not.

The EPA has launched an intensive effort to ensure maximum compliance with stormwater regulations and has identified the homebuilding industry as a major non-complier. Now more than ever, it's critically important to put a Stormwater Pollution Prevention Plan (SWPPP) in place and adhere to EPA regulations. Otherwise, the results may be steep fines, bad publicity, and jobsite delays.

Wal-Mart was the first national company to be penalized by the EPA for violations in multiple states. The EPA found that Wal-Mart and 10 of the store's contractors were violating stormwater regulations. The Wal-Mart water pollution settlement penalized the company $1 million and committed Wal-Mart to an environmental management plan valued at $4.5 million. Koch Industries, Inc., one of the largest privately-held companies in the U.S, agreed to pay a $30 million civil penalty and spend $5 million on environmental projects after the EPA noted the more than 300 oil spills from its pipelines and oil facilities.

Picture the following scenario. A community is being built with 200 homes. Pretend each lot has one stormwater violation—a broken silt fence, a can of spilled paint, dry concrete left uncovered near a storm drain. With 200 violations, the penalties can add up pretty quick—up to $37,500 per violation for each day each violation exists.

The best way to avoid penalties—both civil and criminal—is to comply with stormwater regulations. If you're building on a lot that's one acre or larger, you must be covered under a stormwater permit, typically known as a National Pollutant Discharge Elimination System (NPDES) permit. Permits vary from state to state, so contact your state or the EPA for specific information. In general, an NPDES permit requires you to do the following:

• Develop and implement a Stormwater Pollution Prevention Plan (SWPPP)
• Submit a permit application or Notice of Intent (NOI)
• Comply with the permit, including maintaining Best Management Practices (BMPs) and conducting site inspections
• Submit a Notice of Termination (NOT) or other notification when construction activity is complete

BMPs are the measures taken onsite to keep pollutants from entering bodies of water. No single BMP will be able to control pollution; instead, you'll need to implement a combination of BMPs onsite. For instance, to stabilize a steep slope, you may choose to install riprap—a layer of stones that protect the soil from erosion. To keep sediment out of the storm drain system, you may wish to install storm drain inlet protection, a device that surrounds or covers an inlet with filtering material that separates the stormwater from the sediment. And to control runoff and erosion in a disturbed area, you may use seeding to establish plants that will permanently stabilize the soil. For more about the BMPs recommended by the EPA, visit the National Menu of Stormwater Best Management Practices.

Although there are many steps involved in compliance, in the end, they're worth the extra effort. The environment, the public, and your wallet will appreciate it.

Want to learn more?
BuildIQ's SWPPP Suite consists of three essential courses covering the major bases of stormwater compliance. SWPPP Compliance introduces the entire stormwater issue, from regulations and requirements to posting and recordkeeping. SWPPP Runoff, Erosion, and Sediment Controls teaches you how to inspect and maintain the BMPs that control runoff, erosion, and sediment on the jobsite. And SWPPP Good Housekeeping Measures coaches you on the BMPs that control non-sediment pollutants, such as paint spills and fertilizer.