In 1972, the Federal Water Pollution Control Act, also referred to as the Clean Water Act (CWA), was amended to provide that the discharge of any pollutant to waters of the United States from any point source is unlawful without a National Pollutant Discharge Elimination System (NPDES) permit. Congress added section 402 (p) to the CWA in 1987 to establish a comprehensive framework for addressing storm water discharges associated with industrial activity. Construction activities that disturb at least five acres of land are defined in 40 CFR 122.26(b) (14) (x) as an “industrial activity.” Phase II, enacted in 1999, addresses additional sources, including small construction activity disturbing 1 acre or more. For a copy of the Generic permit for Construction Activities that Disturb one acre or more, visit the FDEP web site.
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