CSM Stormwater Regulations & Compliance 2 — Questions and Answers
Question 1: Under the Clean Water Act Section 402, which permit program directly authorizes the discharge of stormwater to waters of the US?
- Section 404 Dredge and Fill Permit
- NPDES Permit Program (Correct answer)
- Safe Drinking Water Act Underground Injection Program
- Resource Conservation and Recovery Act Permit
Correct answer: NPDES Permit Program
The National Pollutant Discharge Elimination System (NPDES) under CWA Section 402 is the primary permitting mechanism for stormwater discharges.
Question 2: A construction site disturbing 0.8 acres that is part of a larger common plan of development that will disturb 1.5 acres total — does it require a Construction General Permit?
- No, because the individual site is under 1 acre
- Yes, because the common plan of development exceeds 1 acre (Correct answer)
- Only if the site discharges directly to an impaired water body
- Only if the owner has had a prior permit violation
Correct answer: Yes, because the common plan of development exceeds 1 acre
EPA's CGP triggers apply to the entire common plan of development or sale, so if the overall plan disturbs ≥1 acre the permit is required regardless of individual lot size.
Question 3: Which EPA Phase II rule first extended NPDES stormwater permit requirements to small MS4s?
- 1990 Phase I Rule
- 1999 Phase II Final Rule (Correct answer)
- 2010 Small MS4 Rule
- 2016 WOTUS Rule
Correct answer: 1999 Phase II Final Rule
The 1999 Phase II Final Rule (effective March 2003) expanded NPDES coverage to small MS4s in urbanized areas and smaller construction sites.
Question 4: What is the primary purpose of a Stormwater Pollution Prevention Plan (SWPPP) at an industrial facility?
- Replace the requirement for a NPDES permit
- Document BMPs to prevent pollutants from entering stormwater discharges (Correct answer)
- Establish water quality trading credits
- Satisfy state floodplain management requirements
Correct answer: Document BMPs to prevent pollutants from entering stormwater discharges
A SWPPP identifies potential pollutant sources and describes BMPs to prevent pollutants from reaching stormwater runoff.
Question 5: Under the MS4 program, which of the six minimum control measures addresses removing floatables and debris from stormwater before it enters receiving waters?
- Illicit Discharge Detection and Elimination
- Post-Construction Stormwater Management
- Pollution Prevention/Good Housekeeping (Correct answer)
- Construction Site Stormwater Runoff Control
Correct answer: Pollution Prevention/Good Housekeeping
Pollution Prevention/Good Housekeeping covers practices at municipal operations that prevent pollutant introduction, including debris management.
Question 6: A state issues a General Permit for industrial stormwater that is more stringent than the EPA baseline MSGP. Which statement is correct?
- The facility must only comply with the federal baseline
- States may not exceed federal requirements for stormwater
- The facility must comply with the more stringent state requirements (Correct answer)
- The facility may choose whichever standard it prefers
Correct answer: The facility must comply with the more stringent state requirements
Under the Clean Water Act's anti-degradation framework, states may set standards more stringent than federal requirements, and facilities must comply with the stricter standard.
Question 7: Which enforcement mechanism allows EPA to issue an immediate order requiring a party to cease discharging without going to court first?
- Consent Decree
- Administrative Compliance Order (Correct answer)
- Citizen Suit
- Notice of Violation
Correct answer: Administrative Compliance Order
EPA's Administrative Compliance Orders under CWA Section 309(a) can require immediate cessation of violations without prior judicial action.
CSM Stormwater Regulations & Compliance 2
Under the Clean Water Act Section 402, which permit program directly authorizes the discharge of stormwater to waters of the US?