Every year, developers and contractors face millions of dollars in fines for NPDES violations that were entirely preventable. Having worked in construction for over 20 years and recently completed my NPDES Level 1B and Level II Design certifications, I've seen firsthand how confusion about stormwater requirements leads to costly mistakes.
This guide covers what you need to know to stay compliant—and why it matters beyond just avoiding fines.
What is NPDES?
The National Pollutant Discharge Elimination System (NPDES) is the EPA's primary mechanism for controlling water pollution. Under the Clean Water Act, any discharge of pollutants into waters of the United States requires an NPDES permit.
For construction, this means any site that disturbs one acre or more of land requires coverage under an NPDES stormwater permit. In Georgia, the Environmental Protection Division (EPD) administers this program through the Construction Stormwater General Permit.
Important Threshold
Projects disturbing less than one acre may still require a permit if they're part of a larger common plan of development. Don't assume you're exempt without checking.
The Core Requirements
NPDES compliance for construction sites revolves around a few key elements:
1. Notice of Intent (NOI): Before breaking ground, you must submit an NOI to your state environmental agency. In Georgia, this goes to EPD. The NOI registers your project and brings it under permit coverage. No NOI, no legal authorization to discharge stormwater.
2. Stormwater Pollution Prevention Plan (SWPPP): Every permitted site needs a SWPPP. This document identifies potential pollution sources, describes the Best Management Practices (BMPs) you'll use to control them, and establishes inspection and maintenance procedures. The SWPPP must be on-site and available for inspection at all times.
3. Erosion and Sediment Controls: The physical BMPs that keep sediment on your site. This includes silt fences, sediment basins, inlet protection, stabilized construction entrances, and slope stabilization measures. These must be installed before land disturbance begins and maintained throughout construction.
4. Inspections and Documentation: Required inspections vary by state, but generally you need inspections at least every seven days and within 24 hours of a rain event exceeding 0.5 inches. Document everything. Inspection reports are your evidence of compliance.
5. Notice of Termination (NOT): When construction is complete and the site is stabilized (typically 70% vegetative coverage), submit an NOT to close out your permit coverage.
Common BMPs for Construction Sites
- Silt fence along site perimeter and at drainage pathways
- Sediment basins for sites over 10 acres
- Inlet protection at all storm drain inlets
- Stabilized construction entrance with stone pad
- Temporary seeding for areas inactive more than 14 days
- Slope drains and diversion berms
- Concrete washout containment areas
- Proper material and waste storage
Where Projects Go Wrong
After two decades in this industry, I've seen the same mistakes repeated across projects of all sizes:
Failing to install BMPs before disturbance begins. The permit requires controls in place before you start moving dirt. Not after. Not when you get around to it. Before.
Poor maintenance. Silt fence falls down. Sediment basins fill up. Inlet protection gets buried. BMPs only work if they're maintained. Budget for it and assign responsibility clearly.
Inadequate documentation. If it's not written down, it didn't happen. Inspectors and regulators want to see records. Inspection logs, maintenance records, rainfall data—keep it organized and accessible.
Ignoring the SWPPP. The SWPPP isn't a document you create and forget. It's supposed to guide your actual operations. When site conditions change, update the SWPPP. When you add new BMPs, document them. Treat it as a living document.
"The cost of compliance is always less than the cost of violation. A properly maintained erosion control program runs a few thousand dollars. A single NOV can cost tens of thousands—plus project delays, reputational damage, and increased regulatory scrutiny."
The Real Cost of Non-Compliance
EPA penalties for NPDES violations can reach $25,000 per day, per violation. But the direct fines are often the least of your problems. Consider:
- Stop-work orders that halt your project
- Required remediation of damaged receiving waters
- Increased bonding requirements for future projects
- Reputational damage with municipalities and owners
- Personal liability for responsible parties
The cost of compliance is always less than the cost of violation. A properly maintained erosion control program runs a few thousand dollars. A single NOV can cost tens of thousands—plus project delays, reputational damage, and increased regulatory scrutiny on your future projects.
Why It Matters Beyond Compliance
Having spent eight months in 2025 traveling through America's national parks and fishing rivers from Montana to Arizona, I've seen what healthy watersheds look like—and what happens when sediment loads destroy aquatic habitat.
Construction site runoff is a leading source of water quality impairment in developing areas. The sediment we fail to control doesn't disappear. It ends up in streams, rivers, and reservoirs. It smothers fish spawning habitat. It increases treatment costs for drinking water utilities. It degrades recreational resources that communities depend on.
Good stormwater management isn't just about avoiding fines. It's about being a responsible builder who leaves sites—and watersheds—better than we found them.
Getting Help
If you're unsure about your NPDES obligations, get professional guidance before you break ground. The time to figure this out is during project planning, not when an inspector shows up.
At Davis Construction Strategic Advisors, we provide NPDES compliance consulting for developers and contractors. From initial permit applications to SWPPP development to inspection support, we help projects stay compliant from groundbreaking to final stabilization.
Questions about stormwater compliance for your project? Contact DCSA for a consultation.