Oct 2010 , Vol. VI, No.1

New EPA Limits on Sediment Discharge from Construction Sites

Builders and Contractors Exchange
Weekly Bulletin: 8 Oct 2010

New EPA Limits on Sediment Discharge from Construction Sites
By: Mike Giordano*

LAW TIPS

The U.S. Environmental Protection Agency (“EPA”) recently enacted regulations which establish new limitations on stormwater runoff from construction sites.  The regulations aim to reduce the amount of sediment and other pollutants discharged from construction sites.  As a result of the new regulations, construction site owners and operators must now implement a range of erosion and sediment control measures and pollution prevention practices.  In addition, the regulations will require owners and operators to sample stormwater discharges and comply with numeric standards for pollutant discharges.

The regulations mandate an array of erosion and pollution controls for all construction sites, regardless of size.  Site owners and operators must design controls to minimize stormwater volume and sediment discharges from the site by providing natural buffers around surface waters to direct stormwater into vegetated areas.  Owners and operators must also initiate soil stabilization measures whenever any clearing, grading, or excavating activities cease on any portion of the site for a period exceeding 14 days.  Permittees must also minimize the discharge of pollutants from dewatering trenches, vehicle and other wash waters, and chemical spills and leaks.  Wastewater discharges from washout of concrete, cleanout of stucco, paint, form release oils, curing compounds, soaps or solvents is now prohibited. 

Construction sites that disturb a minimum number of acres will be required to comply with new numeric effluent limitations on stormwater discharges.  Beginning August 1, 2011, sites that disturb 20 or more acres at one time will be required to monitor discharges to ensure that sediment levels do not exceed 280 Nephelometric Turbidity Units.  The same numeric limit will apply to sites that disturb 10 or more acres of land at one time starting on February 2, 2014. 

The EPA estimates that the new regulations will reduce the amount of sediment discharge from construction sites by about 4 billion pounds per year.  However, this reduction comes at an estimated cost of about $953 million annually.  In order to mitigate potential costs, it is important that developers and contractors start implementing proper erosion and pollution controls as soon as possible.

*Michael P. Giordano will be joining the energy practice group at Vandeventer Black LLP in Norfolk, VA in August of 2011.  He is also the author of Offshore Windfall: What Approval of the United States’ First Offshore Wind Project Means for the Offshore Wind Energy Industry, 44 U. Rich. L. Rev. 1149 (2010).

Authored by attorneys, these articles are meant to bring awareness to these topics and are not intended to be used as legal advice. For more information, contact Bill Franczek at 757-446-8600. Visit www .vanblk.com, for our library of Construction Law Tips.  Suggestions for a topic? E-mail bfranczek@vanblk.com.