Pollutants

Commonly Discharged

From Construction Sites

Sediment

Solid and sanitary wastes

Phosphorous (fertilizer)

Nitrogen (fertilizer)

Pesticides

Oil and grease

Concrete truck washout

Construction chemicals

Construction debris

Table 1

United States Office of Water EPA 833-F-99-008

Environmental Protection (4203) April 1999

Agency Fact Sheet 2.6

Storm Water Phase II

Proposed Rule

Construction Site Runoff Control

Minimum Control Measure

This fact sheet is based on the Storm Water Phase II Proposed Rule. Therefore, the information provided herein is subject to

change upon publication of the final Phase II rule in November 1999. A revised series of fact sheets will be provided at that

time. A comprehensive list of the current fact sheets is in the text box at left.

This fact sheet profiles the proposed Construction Site Runoff Control minimum control measure, one

of six measures that the owner or operator of a Phase II regulated small municipal separate storm

sewer system (MS4) would be required to include in its storm water management program to meet the

conditions of its National Pollutant Discharge Elimination System (NPDES) permit. This fact sheet

outlines the Phase II Proposed Rule requirements and offers some general guidance on how to satisfy

them. It is important to keep in mind that the small MS4 owner or operator would have a great deal of

flexibility in choosing exactly how to satisfy the minimum control measure requirements. 

Why Is The Control of Construction Site Runoff Necessary?

Polluted storm water runoff from construction sites often flows to MS4s and ultimately is

discharged into local rivers and streams. Of the pollutants listed in Table 1, sediment is usually

the main pollutant of concern. Sediment runoff rates from construction sites are typically 10 to 20

times greater than those of agricultural lands, and 1,000 to 2,000

times greater than those of forest lands. During a short period of

time, construction sites can contribute more sediment to streams

than can be deposited naturally during several decades. The

resulting siltation, and the contribution of other pollutants from

construction sites, can cause physical, chemical, and biological

harm to our nation’s waters. For example, excess sediment can

quickly fill rivers and lakes, requiring dredging and destroying

aquatic habitats. 

What Is EPA Proposing?

The Phase II Proposed Rule would require an owner or

operator of a regulated small MS4 to develop, implement, and

enforce a program to reduce pollutants in storm water runoff to

their MS4 from construction activities that result in a land

disturbance of greater than or equal to 1 acre. The small MS4

owner or operator would be required to:

 Have an ordinance or other regulatory mechanism

requiring the implementation of proper erosion and sediment controls, and controls for other

wastes, on applicable construction sites;

 Conduct pre-construction review of construction site plans;

 Conduct regular inspections during construction;

 Have penalties for non-compliance (established in the ordinance or other regulatory

mechanism);

Storm Water Phase II

Proposed Rule

Fact Sheet Series

Overview

1.0 – Storm Water Phase II

Proposed Rule Overview

Small MS4 Program

2.0 – Small MS4 Storm Water

Program Overview

2.1 – Who’s Covered? Designation

and Waivers of Regulated Small

MS4s

2.2 – Urbanized Areas: Definition

and Description

Minimum Control Measures

2.3 – Public Education and

Outreach Minimum Control

Measure

2.4 – Public Participation/

Involvement Minimum Control

Measure

2.5 – Illicit Discharge Detection and

Elimination Minimum Control

Measure

2.6 – Construction Site Runoff

Control Minimum Control Measure

2.7 – Post-Construction Runoff

Control Minimum Control Measure

2.8 – Pollution Prevention/Good

Housekeeping Minimum Control

Measure

2.9 – Permitting and Reporting:

The Process and Requirements

2.10 – Federal and State-Owned

MS4s: Program Implementation

Construction Program

3.0 – Construction Program

Overview 

Industrial “No Exposure”

4.0 – Conditional No Exposure

Exemption for Industrial Activity
Fact Sheet 2.6 – Construction Site Runoff Control Minimum Control Measure Page 2

 Establish procedures for the receipt and consideration of

information submitted by the public; and

 Determine the appropriate best management practices

(BMPs) and measurable goals for this minimum control

measure. Suggested BMPs (i.e., the program actions/

activities) and measurable goals are presented below.

What Are Some Guidelines for Developing and

Implementing This Measure?

Further explanation and guidance for each proposed component

of a regulated small MS4's construction program is provided

below.

Regulatory Mechanism

Through the development of an ordinance or other regulatory

mechanism, the small MS4 owner/operator would need to

establish a construction program that requires controls for

polluted runoff from construction sites with a land disturbance of

greater than or equal to 1 acre. In recognition of varying

limitations on regulatory legal authority, the small MS4 owner/

operator would be required to satisfy this minimum control

measure only to the maximum extent practicable and allowable

under State or Tribal law. If an owner/operator is unable to

establish an enforceable construction program due to a lack of

legal authority, and is unsuccessful in trying to obtain the

necessary authority, the NPDES permitting authority would then

assume responsibility. 

EPA intends to develop a model ordinance that a small MS4

owner/operator could use as a basis for their construction

program. Alternatively, amendments to existing erosion and

sediment control programs, or other ordinances, could also

provide the basis for the program. 

Site Plan Review

The small MS4 owner/operator would be required to include in

their construction program requirements for the implementation

of appropriate BMPs on construction sites to control erosion and

sediment, as well as various other wastes. To determine if a

construction site is in compliance with such provisions, the small

MS4 owner/operator would need to review the site plans

submitted by the construction site owner/operator before ground

is broken. 

Site plan review aids in compliance and enforcement efforts since

it alerts the small MS4 owner/operator early in the process to the

planned use or non-use of proper BMPs and provides a way to

track new construction activities. The tracking of sites is useful

not only for the small MS4 owner/operator’s recordkeeping and

reporting purposes, which would be required activities under their

NPDES storm water permit (see Fact Sheet 2.9), but also for

members of the public interested in ensuring that the sites are in

compliance. 

Inspections and Penalties

Once construction commences, the BMPs should be in place and

the small MS4 owner/operator’s enforcement activities should

begin. To ensure that the BMPs are properly installed, the small

MS4 owner/operator would be required to perform regular

inspections during construction and have penalties in place to

deter infractions. Inspections would give the MS4 owner/

operator an opportunity to provide additional guidance and

education, issue warnings, or assess penalties. To conserve staff

resources, one possible option for small MS4 owners/operators

could be to have these inspections performed by the same

inspector that visits the sites to check compliance with health and

safety building codes.

Information Submitted by the Public

A final requirement of the proposed small MS4 program for

construction activity would be the development of procedures for

the receipt and consideration of public inquiries, concerns, and

information submitted regarding local construction activities. 

This provision is intended to further reinforce the public

participation component of the small MS4 storm water program

(see Fact Sheet 2.4) and to recognize the crucial role that the

public can play in identifying instances of noncompliance.

The small MS4 owner/operator would be required only to

consider the information submitted, and may not need to followup and respond to every complaint or concern. Although some

sort of enforcement action or reply would not be required, the

small MS4 owner or operator would need to be able to

demonstrate acknowledgment and consideration of the

information submitted. A simple tracking process in which

submitted public information, both written and verbal, is recorded

and then given to the construction site inspector for possible

follow-up would suffice.

What Would Be Appropriate Measurable Goals?

Measurable goals, which would be required for each minimum

control measure, are meant to help gauge permit compliance

and program effectiveness. The measurable goals, as well as the

BMPs, would greatly depend on the needs and characteristics of

the owner/operator and the area served by its small MS4. The

measurable goals should be chosen using an integrated approach

that would fully address the requirements and intent of the

minimum control measure. An integrated approach for this

minimum measure could include the following measurable goals: 

Target Date Activity

1 year............ Ordinance or other regulatory mechanism in

place; procedures for information submitted by

the public in place.

2 years.......... Procedure for regular inspections implemented;

a certain percentage rate of compliance

achieved.
Fact Sheet 2.6 – Construction Site Runoff Control Minimum Control Measure Page 3

3 years.......... Maximum compliance with ordinance;

improved clarity and reduced sedimentation of

local waterbodies.

4 years.......... Increased numbers of sensitive aquatic

organisms in local waterbodies.

Are Construction Sites Already Covered Under the

NPDES Storm Water Program?

Yes. EPA’s existing Phase I NPDES storm water program

requires owners or operators of construction activities that

disturb 5 or more acres to obtain a NPDES construction storm

water general permit. Permit requirements include the submission

of a Notice of Intent and the development of a storm water

pollution prevention plan (SWPPP). The SWPPP must include a

site description and measures and controls to prevent or minimize

pollutants in storm water discharges. The proposed Phase II rule

similarly would regulate discharges from smaller construction

sites disturbing equal to or greater than 1 acre and less than 5

acres (see Fact Sheet 3.0 for information on the proposed Phase II

construction program).

Even though, as proposed, all construction sites that disturb more

than 1 acre would be covered nationally by an NPDES storm

water general permit, the construction site runoff control

minimum measure for the small MS4 program was proposed to

induce more localized site regulation and enforcement efforts, and

to enable owners/operators of regulated small MS4s to more

effectively control construction site discharges into their MS4s. 

To aid owners or operators of regulated construction sites in their

efforts to comply with both local requirements and their NPDES

permit, the proposed Phase II rule includes a provision that would

allow the NPDES permitting authority to reference a “qualifying

State, Tribal or local program” (e.g., a regulated small MS4’s

storm water program) in the NPDES general permit for

construction. This would mean that if a construction site is

located in an area covered by a qualifying local program, then the

construction site operator’s compliance with the local program

could constitute compliance with their NPDES permit.

The ability to reference other programs in the NPDES permit is

intended to reduce confusion between overlapping and similar

requirements, while still providing for both local and national

regulatory coverage of the construction site. It is important to

note that the provision allowing NPDES permitting authorities to

reference other programs would have no impact on, or direct

relation to, the small MS4 owner/operator’s responsibilities under

the construction site runoff control minimum measure profiled in

this fact sheet.

For Additional Information

Contact

 U.S. EPA Office of Wastewater Management

• Phone : 202 260-5816

• E-mail: SW2@epa.gov

• Internet: www.epa.gov/owm/sw2.htm

Reference Documents

 Storm Water Phase II Proposed Rule Fact Sheet

Series.

• Contact the U.S. EPA Water Resource Center

at 202 260-7786 or at waterpubs@epa.gov 

• Internet: www.epa.gov/owm/sw2.htm

 Storm Water Phase II Proposed Rule, published on

Jan. 9, 1998 in the Federal Register (63 FR 1536).

• Internet: www.epa.gov/owm/sw2.htm