The Clean Water Act’s federal permitting program that controls point-source discharges to waters of the United States is called the National Pollutant Discharge Elimination System (NPDES). The NPDES program regulates stormwater discharges from construction activities that disturb one or more acres, or smaller sites that are part of a larger  development or sale that will ultimately disturb one or more acres. Typical construction activities that trigger discharges are grading, clearing, excavating, and stockpiling. Contractors must obtain a NPDES permit prior to commencing construction activities. The Environmental Protection Agency (EPA) currently maintains NPDES permitting authority in Massachusetts, New Hampshire, Idaho and New Mexico as well as other federal facilities and U.S. territories. The EPA administers its authority through a Construction General Permit (CGP). The EPA’s 2008 CGP expired on February 15, 2012, and the final 2012 CGP became effective upon its issuance on February 16, 2012 for a five (5) year period.

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