Regulations

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The primary regulation with oversight regarding erosion and sediment control at construction sites is the Clean Water Act (CWA), which was first implemented in 1972. It was enacted to restore and maintain the physical, chemical, and biological integrity of waters of the United States (U.S.). The National Pollutant Discharge Elimination System (NPDES) was later created under the CWA to manage point source discharge that pollute waters of the U.S. The NPDES permit was amended in 1990 for addressing stormwater discharges for large urbanized areas and covers large and medium Municipal Separate Storm Sewer Systems (MS4s), industries, and construction activities within greater than or equal to five acres of land. This is referred to as Phase I. The NPDES program was delegated to the Oklahoma Department of Environmental Quality (ODEQ) in 1996 and 1997, respectively. In 1996, ODEQ was charged with the responsibility of permitting and enforcing municipal and industrial wastewater. In 1997, they were assigned to regulate stormwater discharges in connection with construction and industrial activities. In 1999, the CWA was further amended to cover construction sites greater than or equal to one acre in urban areas with more than 10,000 people and greater than 1,000 people per square mile, in addition to other urbanizing areas. This is referred to as Phase II. The General Permit OKR10 for Storm Water Discharges from Construction Activities within the State of Oklahoma (ODR10) is rewritten every five years. This permit regulates construction activities that disturb one or more acre of land. Some of the requirements for this permit include: the stormwater pollution prevention plan (SWPPP), frequent site inspections, best management practices (BMPs), and buffers. The SWPPP is a required document prepared by the operators of construction sites for stormwater discharges in connection to construction activities that will potentially affect waters of the U.S. The document identifies and addresses constructions site stormwater pollution. In addition, SWPPP further outlines BMPs that prevent stormwater pollutant discharge from disturbed sites and further identifies strategies in compliance with the construction general permit that operators can utilize.