Managing Stormwater Discharges from Construction Sites in Pa.

February 18, 2010
Jonathan E. Rinde
The Legal Intelligencer

Within the last several months, there has been much regulatory activity, both at the federal and state levels, regarding the permitting programs associated with stormwater discharged from construction sites. Individuals interested in real estate development need to keep track of these new regulatory changes because they will radically affect the way land development is permitted and implemented.

Stormwater discharges from construction sites generally need to be permitted pursuant to the National Pollution Discharge Elimination System permitting program set forth in the federal Clean Water Act. Authority to issue these discharge permits, also called NPDES permits, has generally been delegated to various state environmental agencies by the U.S. Environmental Protection Agency. Pennsylvania, through its Department of Environmental Protection, is one of the states delegated with this permitting authority by the EPA. Although it has been delegated NPDES permitting authority, the DEP's permitting program cannot be any less stringent than the federal program.

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