Law & Oversight
Clean Water Act
Federal construction-stormwater and dredge-and-fill requirements.
60-Second Summary
- EPA generally requires NPDES/Construction General Permit coverage, with a Stormwater Pollution Prevention Plan, for 1 or more acres of disturbance.
- Section 404 authorization from the Army Corps of Engineers can apply if dredged or fill material is discharged into federally jurisdictional waters or wetlands, alongside a related MassDEP Section 401 Water Quality Certification.
Why This Matters in Lakeville
Federal construction-stormwater and dredge-and-fill requirements.
What Is Known
Construction stormwater
EPA states that Clean Water Act permit coverage is generally required for stormwater discharges from construction activity disturbing 1 acre or more, including smaller activity that is part of a larger common plan of development.
Key sources
- Construction stormwater — NPDES Construction General Permit, 1-acre threshold — U.S. EPA
Section 404 and Section 401
If the project discharges dredged or fill material into federally jurisdictional waters or wetlands, Army Corps of Engineers Section 404 authorization can be required. EPA's permitting framework requires avoidance and minimization of aquatic-resource impacts before compensation for unavoidable impacts. A related MassDEP Section 401 Water Quality Certification can also apply.
Key sources
- Clean Water Act Section 404 permit program — U.S. EPA
- Wetlands regulations and Section 401 Water Quality Certification — MassDEP
What Has Not Yet Been Established
- Whether federally jurisdictional waters/wetlands are affected, pending the final DEP File SE192-955 delineation
Sources
Key sources
- Construction stormwater — NPDES Construction General Permit, 1-acre threshold — U.S. EPA
- Clean Water Act Section 404 permit program — U.S. EPA
- Wetlands regulations and Section 401 Water Quality Certification — MassDEP