| CONSTRUCTION ACTIVITY INFORMATION
In 1972, the Federal Water Pollution Control
Act,
also
referred to as the Clean Water Act (CWA), was amended to provide that the discharge of any
pollutant to waters of the United States from any point source is unlawful without a
National Pollution Discharge Elimination System (NPDES) permit. Congress added section 402 (p) to the
CWA in 1987 to establish a
comprehensive framework for addressing storm water discharges associated with industrial
activity. Originally, construction activities disturbing at least five acres of land
were defined in
40 CFR 122.26(b) (14) (x) as an "industrial activity".
Since Phase 2, adopted May 2003, sites one acre or more are now covered
under the Florida MSGP.
Lee County requires
that all construction activity disturbing more than one acre is to file
a Notice of Intent (NOI) for construction activity and prepare a
Storm
Water Pollution Prevention Plan (SWP3) (follow the hyperlink and
choose Part V for instructions) as per LCDC
14-477. To obtained the
NOI form for
construction activity.
Acrobat Reader is required in order to view the NOI form. If your
computer does not have Acrobat Reader, please click the icon
below for free download.

The
SWP3
is a basic
statement of how the site should be managed to prevent or significantly reduce discharge
of pollutants from the site during construction activity.
No solid materials, including building materials, shall be discharged to
waters of the United States. Lee County requires a preparation and certification of the
SWP3
by a Professional Engineer. The SWP3 should be modified as needed and contain
the signatures of all contractors and sub-contractors attesting to their having read and
willingness to abide by its directives.
The
SWP3 should contain as a minimum the following elements:
Each
plan shall provide a description of pollutant sources and other
information as indicated:
(1)
a description of the nature of the construction activity;
(2)
a description of the intended sequence of major activities which disturb
soils for major portions of the site (e.g. grubbing, excavation,
grading).
As
a result of the assessment, the plan shall include:
(1)
Estimates of the total area of the site and the total area of the site
that is expected to be disturbed by excavation, grading, or other
activities.
(2)
An estimate of the runoff coefficient of the site before,
during, and after construction activities.
(3)
A site map indicating drainage patterns and approximate slopes
anticipated after major grading activities, area of soil disturbance, an
outline of areas which may not be disturbed, the location of major
structural and nonstructural controls identified in the plan.
- Erosion and Sediment Controls
(1)
Each plan shall include a description of appropriate controls and
measures that will be implemented
at the construction site.
(2)
And the timing during the construction process that the measures will be
implemented.
(1)
Off-site vehicle tracking of sediments and the generation of dust shall
be minimized.
(2)
The plan shall ensure and demonstrate compliance with applicable State
and/or local waste disposal, sanitary sewer or septic system
regulations.
(3)
The plan shall address the proper application rates and methods for the
use of fertilizers and pesticides at the construction site.
(4)
The plan shall ensure that the application, generation, and migration of
toxic substances is limited and that toxic materials are properly stored
and disposed.
(1)
A description of procedures to ensure the timely maintenance of
vegetation, erosion and sediment control measures and other protective
measures identified in the site plan in good and effective operating
conditions.
(2)
Storm water pollution prevention plans must be amended to reflect any
change applicable to protecting surface water resources in sediment and
erosion management site plans or site permits.
All contractors and subcontractors
identified in a storm water pollution prevention plan shall sign a copy of the following
certification statement before conducting any professional service
identified in the storm water pollution prevention plan:
I certify under penalty of law
that I understand the terms and conditions of the general National
Pollution Discharge Elimination System (NPDES) permit that
authorizes the storm water discharges associated with industrial
activity from the construction site identified as part of this
certification.
The certification must include the
name and title of the person providing the signature, the name, address and telephone number of the
contracting firm ; the address (or other identifying description ) of
the site; and the date the certification is made.
(1)
Qualified personnel (provided by the discharger) shall inspect all
points of discharge into water if the United States or to a municipal
separate storm sewer system and all disturbed areas of the construction
site that have not been finally stabilized, areas used for storage of
materials that are exposed to precipitation, structural control
measures, and locations where vehicles enter or exit the site at least
once every seven calendar days and within 24 hours of the end of a storm
that is 0.5 inches or greater. Where sites have been finally
stabilized; such inspection shall be conducted at least once every
month.
(2)
A report summarizing the scope of the inspection, name (s) and qualifications
of personnel making the inspection, the date (s) of the inspection,
major observations relating to the implementation of the storm water
pollution prevention plan, and corrective actions taken. For a copy of a
sample Inspection Form,
see the FORMS
page from this site.
The permittee
shall retain a copy of the SWP3 required by this permit on
site from
the date of project initiation to the date of final stabilization.
All controls shall be consistent with the requirements set forth in the
State Water Policy of Florida (Chapter 62-40, Florida Administrative
Code), the applicable storm water or environmental resource permitting
requirements of the Florida Department of Environmental Protection (FDEP) or appropriate
South Florida Water Management District (SFWMD), and the guidelines
contained in the Florida Development Manual: A Guide to Sound Land and
Water Management (FDEP, 1988) and any subsequent amendments.
NOTE:
To verify the
requirements for your specific conditions, you may wish to review Part
III of the Tuesday, March 31, 1998 Federal Register.
This is the Notice of the Final National
Pollutant Discharge Elimination System (NPDES)
General Permit for Storm Water Discharges from Construction Activities.
United State Environmental Protection Agency
(USEPA) also provides an SWP3 preparation guide.
Upon completion of the project for which the initial
contractor is responsible, a
NOT or Notice of Termination
should be filed with the FDEP. This should
be accompanied by a
Notice
of Intent (NOI) from the new contractor. This will release the first contractor and provide proper
notice to FDEP
for the second contractor.
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