One of the most important things to consider when working on a construction site is the protection of the environment. The process used to filter storm water runoff from a site is one of the ways we prevent pollution of the environment. Storm water, which is water that falls on a construction site when it rains, can carry silt and other materials from the site into the waters of the environment.

Congress passed the Federal Water Pollution Control Act in 1972. The goal of this act was to eliminate discharge of pollutants to the waters of the United States. The act specified that all waters of the United States were to be fishable and swimmable by 1985. While only one-third of the waters met the criteria in 1972, more than three-fourths of the waters of the United States now meet this standard.

Section 301 of the act requires all point source discharges of pollutants to waters of the United States have an National Pollution Discharge Elimination System permit (excluding agriculture).

In the 1970’s, the focus was on traditional wastewater discharges. There has been a significant environmental improvement from decreases in the waste loading process. Although many states have assumed control of these programs, Texas and New Mexico have not at this time. Texas is set to begin their program sometime this year.

In 1977, Congress passed the Clean Water Act. For the first time, the term “Best Management Practices” was incorporated into legislation.

During the first decade, many impaired water bodies were improved and removed from the 303 List (non-attainment lists). All goals of the act have not been achieved, however, since all waters of the United States are not fishable and swimmable.

The National Urban Runoff Program stated in 1978 that there was no way to achieve the goals of the act without addressing urban discharges (storm water). The National Resource Defense Council sued the Environmental Protection Agency (EPA) in the courts for failure to implement this legislation. As a result, Congress passed the Water Quality Act of 1987 to provide civil enforcement of the act by the EPA and authorized 402 permits for the EPA to allow storm water discharges. Storm water discharges are not allowed without a permit.

This law was promulgated in a two-phase program. Phase one, implemented in 1990, addressed construction, industrial and municipal discharges (populations over 100,000). Phase two is set to begin in 2003 for all municipalities under 100,000. Thus, the law that was passed in 1972 will be completed in 2003.

ACC uses a discharge process that actually filters the water as it runs off of the construction site, so that sediment stays on the site and does not run into the waters in the environment. This is why you see, on most large construction sites, plastic or hay silt fences, which prevent the sediment from running off drainage, while still allowing water to pass through. The discharge process is necessary so that the water does not accumulate on the construction site. When a job is initiated on more than five acres, permission is required by the EPA to discharge. By adhering to the standards set forth by Congress and the EPA, ACC helps protect the waters of the United States and the environment.