Brief Federal Legislative History

The Storm Water Program operates within the framework of the National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act Section 402. The history is as follows:

  • In the 1972 CWA Amendments Congress established NPDES permit program for point source discharges
  • In the 1987 CWA Amendments Congress established a schedule under which EPA was required to establish regulations and issue permits for storm water discharges
  • In 1990 EPA issued Storm Water Regulation Phase I with implementation to begin in 1992. Phase I targeted municipalities over 100,000 people and certain industrial activities
  • In 1992 EPA issued the Storm Water Baseline Industrial General Permit (industrial including construction > 5 acres)
  • In 1995 EPA developed the NPDES Storm Water Multi-Sector General Permit for Industrial Activities (MSGP) - it didn't include construction
  • In 1998 Final Modification of the NPDES Storm Water Multi-Sector General Permit for Industrial Activities and Termination of the EPA Storm Water Baseline Industrial General Permit occurred. Covered facilities holding the Baseline Permit.
  • In 1998 Reissusance of NPDES General Permits for Storm Water Discharges from Construction Activities (CGP). Replaced terminated Baseline Permit for construction.
  • In 1999 Storm Water Regulations Phase II were developed with implementation March 2003. (Targets construction activities over 1 acre, municipalities over 10,000 with density over 1,000/sq mile; no Alaskan cities were delegated to this program)
  • October 2000 (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities (MSGP 2000) Does not include Alaska.
  • April 16, 2001 (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities was issued for Alaska
  • July 1, 2003 NPDES General Permit for Discharges for Large and Small Construction Activities was issued.
  • June 30, 2008 NPDES General Permit for Discharges for Large and Small Construction Activities was issued
  • February 26, 2009 NPDES Multi-Sector General Permit for Industrial Activities was issued for Alaska
  • October 31, 2009 management of Storm Water permitting and enforcement is transferred from EPA to ADEC