The Clean Water Act places restrictions on the discharge of
pollutants to the navigable waters of the United States.
Section 402(a) of the Clean Water Act, 33 U.S.C. § 1251 et
seq., authorizes the United States' Environmental
Protection Agency (EPA) to issue National Pollutant Discharge
Elimination System (NPDES) permits for discharges from various
point sources such as industrial facilities or wastewater treatment
plants. In 1987, the Clean Water Act was amended to require
EPA to implement a program to address stormwater discharges.
EPA promulgated regulations that require the permitting of
stormwater discharges associated with industrial activities,
including among other things, construction activities. Over
the years, EPA's regulations have evolved, and now require an
authorization for even small construction projects. The vast
majority of stormwater discharges are permitted through one of the
general permits that EPA or the various authorized tribes or
