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Week of October 13, 2003

Front Page

Housing Politics

* White House Pressure Delays Consideration of Bipartisan GSE Reform Bill
* House Votes to Raise FHA Multifamily Loan Limits in High-Cost Areas

Housing and Economics

* Eye on the Economy
* Register for NAHB's Fall Construction Forecast Conference

Regulation

* Enforcement of Storm Water Permit System Becoming Overly Zealous, Builders Charge

Business Management

* Profits Start With a Good Estimating Program, Salt Lake Contractor Says
* Maximize Profits by Cutting the Fat From Your Overhead

Multifamily

* Pillars of the Industry Application Deadline Approaching

Seniors Housing

* New England, Atlanta Add Local Seniors Housing Councils
* Walking and Jogging Trails Enhance Active Adult Communities

Labor

* Nashville Project CRAFT Students Help Build Habitat for Humanity Homes

Small Builders and Remodelers

* Remodelers’ Show Provides Unparalleled Educational Opportunities

Research

* Homasote Manufactures Alternative, ‘Green’ Sheathing

Building Products

* Brochure Explains Selling Points of Duct Systems

International Housing

* Mexico Is Focus of International Housing Conference

Building News Coast To Coast

Association News & Events

* Boost Your Marketing Through These Awards Programs
* Calendar of Events

NBN Back Issues

 

Enforcement of Storm Water Permit System Becoming Overly Zealous, Builders Charge

As the U.S. Environmental Protection Agency (EPA) steps up enforcement of its storm water permit system, builders and developers are encountering increasingly rigorous permitting and record-keeping requirements as well as overly harsh penalties for relatively minor infractions.

Construction site operators who disturb one or more acres of land that has water running off it are required to obtain from the state or the EPA general permit coverage authorized under the National Pollutant Discharge Elimination System (NPDES).

To obtain coverage, before they start a project construction site operators must submit a Notice of Intent and develop and implement a Storm Water Pollution Prevention plan that uses the appropriate Best Management Practices to minimize the discharge of pollutants from the site.

“NAHB is concerned that the stepped-up enforcement activity is more focused on letter-of-the-law technicalities than on the actual effectiveness of storm water management efforts that are the intent of the law” said NAHB President-elect Bobby Rayburn.


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Enforcement of the program by the EPA’s Office of Enforcement and Compliance Assurance can bring fines as high as $31,500 per day.

For more information about how to comply with the permit program, click here to reach the Construction Industry Compliance Assistance (CICA) Web site, which is sponsored jointly by the EPA and several construction industry trade associations, including NAHB.

“We’re not against enforcement,” Rayburn said. “But enforcement should be reasonable and fair, and any penalties should be commensurate with the environmental damage done. Hefty fines for record-keeping violations and other technicalities don’t help anybody.”

Also of concern to NAHB are the enforcement activities of the U.S. EPA in states that manage their own storm water permit programs. Builders and developers are being subjected to enforcement actions from federal and state authorities that may have different standards and criteria for satisfying storm water management requirements.

“If the EPA is dissatisfied with the enforcement standards of a state, then they should work it out with the state,” Rayburn said. “It is inappropriate to expect builders and developers to operate under conflicting and contradictory enforcement authorities.”

For more information from NAHB about storm water management techniques, the general permit program, enforcement and other storm water management issues, click here.
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