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A contractor is building a 2,500 square foot commercial warehouse. The project requires 45 cubic yards of concrete and will disturb 1.2 acres of land. Based on NPDES requirements, what action must the contractor take?

Correct Answer

B) Obtain a Construction General Permit for stormwater discharge

NPDES requires a Construction General Permit for construction activities that disturb one acre or more of land. Since this project disturbs 1.2 acres, a Construction General Permit is required to manage stormwater discharge.

Answer Options
A
No permit required as the project is under 5 acres
B
Obtain a Construction General Permit for stormwater discharge
C
File a notice of intent only
D
Obtain an individual NPDES permit

Why This Is the Correct Answer

The National Pollutant Discharge Elimination System (NPDES) requires a Construction General Permit for any construction activity that disturbs one acre or more of land. Since this warehouse project disturbs 1.2 acres, it exceeds the one-acre threshold and therefore requires a Construction General Permit. This permit specifically addresses stormwater discharge management during construction activities to prevent pollution of waterways.

Why the Other Options Are Wrong

Option A: No permit required as the project is under 5 acres

This is incorrect because the threshold for NPDES Construction General Permit requirements is one acre, not five acres. Since the project disturbs 1.2 acres, it exceeds the one-acre minimum and requires permitting.

Option C: File a notice of intent only

While a Notice of Intent (NOI) is part of the Construction General Permit process, filing only an NOI is insufficient. The contractor must obtain the actual Construction General Permit, which includes developing a Stormwater Pollution Prevention Plan (SWPPP) and implementing best management practices.

Option D: Obtain an individual NPDES permit

An individual NPDES permit is typically required for major industrial facilities or unique situations where the general permit doesn't apply. For standard construction activities disturbing more than one acre, the Construction General Permit is the appropriate requirement, not an individual permit.

Memory Technique

Think 'ONE and DONE' - One acre triggers the need for a Construction General Permit to get the job done legally.

Reference Hint

Florida Building Code, Chapter 1, Administrative provisions, or Environmental regulations section covering NPDES and stormwater management requirements

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