Federal
& State Regulations
History
In
1972, Congress amended the Federal Water Pollution Control Act
(otherwise known as the Clean Water Act (CWA)) to prohibit the
discharge of any pollutant to waters of the United States from
a point source unless the discharge is authorized by a National
Pollutant Discharge Elimination System (NPDES) permit. The NPDES
program is a national permit program designed to regulate point
source discharges. Since its introduction, the NPDES permit
program is responsible for significant improvements to our Nation's
water quality. The NPDES permit program is currently administered
by the State of Nevada.
State
of Nevada NPDES Permits
As
authorized by the U.S. Environmental Protection Agency under
the Clean Water Act, the National Pollutant Discharge Elimination
System (NPDES) permit program controls water pollution by regulating
point sources that discharge pollutants into waters of the United
States. Point sources are discrete conveyances such as pipes
or man-made ditches. Individual homes that are connected to
a municipal system, use a septic system, or do not have a surface
discharge do not need an NPDES permit; however, industrial,
municipal, and other facilities must obtain permits if their
discharges go directly to surface waters.
Stormwater
discharge permits are required for certain activities by US
EPA regulations at 40 CFR § 122.26(b)(14). In compliance
with this regulation, the Nevada
Division of Environmental Protection (NDEP) 
issues three baseline general permits.
1.
National Pollutant Discharge Elimination System (NPDES) General
Permit - The Clean Water Act of 1987 established
requirements for storm water discharges for each state in the
US under the National Pollutant Discharge Elimination System
NPDES) program. In response to those requirements, the Nevada
Division of Environmental Protection (NDEP) issued a permit
to the local municipalities and government entities for municipal
storm water discharges, commonly referred to as the Municipal
Separate Storm Sewer System or "MS4."
This
permits stormwater discharges to conveyances or system of conveyances
(including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or storm
drains) owned by a state, city, town or other public body, that
is designed or used for collecting or conveying storm water,
which is not a combined sewer, and which is not part of a publicly
owned treatment works. Learn more about Clark
County's NPDES "MS4" Permit (pdf).
2.
NPDES Industrial Permits - Activities that take place
at industrial facilities, such as material handling and storage,
are often exposed to storm water. The runoff from these activities
discharges industrial pollutants into nearby storm sewer systems
and water bodies. This may adversely impact water quality.
The State of Nevada requires all industrial facilities that
have a Standard Industrial Classification (SIC) code or meets
the narrative description listed in 11 categories, or that discharge
waste water associated with industrial activities into receiving
waters (e.g., wetlands, creeks, unnamed creeks, rivers, marine
waters, ditches, estuaries), and/or storm drains that discharge
to a receiving water of the State of Nevada must obtain a general
or an individual NPDES industrial storm water permit and develop
a storm water pollution prevention plan.
3.
NPDES Construction Permits - Storm
water runoff from construction activities can have a significant
impact on water quality, contributing sediment and other pollutants
exposed at construction sites. The State of Nevada Storm Water
Program requires operators of both large and small construction
sites to obtain authorization to discharge storm water under
an NPDES construction storm water permit.
The
submittal of a Notice of Intent for inclusion under the State
of Nevada's General Stormwater Permit and a storm water pollution
prevention plan (SWPPP) is required for all soil disturbing
activities (including grading, trenching, demolition), where
one (1) or more acres will be disturbed, and have a discharge
of stormwater to a receiving water (e.g., wetlands, creeks,
unnamed creeks, rivers, marine waters, ditches, estuaries),
and/or storm drains that discharge to a receiving water. Even
if you plan on retaining all stormwater on site, but detention
facilities need to be constructed to retain the stormwater,
permit coverage is required. For more information about
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