How Do The Phase II Rules Affect Construction Sites?

Phase II of the stormwater program automatically applies to all construction activities disturbing one or more acres to less than five acres of land. These sites must receive an NPDES permit before any earthmoving activities begin. Illinois EPA may require construction sites disturbing less than one acre of land to obtain a stormwater discharge permit if such activities would adversely affect water quality.

In order to comply with Phase II of the stormwater program, follow the steps below:

  1. Determine which parties are considered "operators" responsible for complying with the Phase II requirements.
  2. Complete and submit a Notice of Intent (NOI) to the Illinois EPA Division of Water Pollution Control Permit Section before construction activities that will cause land disturbance begin.
  3. Develop a stormwater pollution prevention plan (SWPPP) prior to the start of construction. The SWPPP does not need to be submitted to Illinois EPA, but must be kept on the construction site and accessible to everyone during construction activities.
  4. Implement the SWPPP, including completion of inspection reports that must be kept on site. Complete final stabilization of the site.
  5. Complete and submit a Notice of Termination (NOT) to Illinois EPA when any of the following occurs:
    • After the land disturbing activities are complete and the site has been finally stabilized, the operator should terminate his coverage under the permit by completing a NOT form and submitting it to the Illinois EPA. The United States Environmental Protection Agency considers that a site has been finally stabilized when all land disturbing activities are complete and a uniform perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been used.
    • The permittee is no longer an operator of the site.
    • For residential construction only, after temporary stabilization has been completed and the homeowner has been informed that he or she must complete final stabilization upon assuming control of the site.

For more information on how to comply with the stormwater program, see Illinois EPA's fact sheet "Storm Water Management for Construction Activities." More information about NPDES stormwater permits and assistance on filling out NOIs can be obtained by contacting the Illinois EPA Office of Small Business.

Show All Answers

1. What is stormwater?
2. Where does the stormwater go?
3. What type of materials can I use for fill material?
4. What is stormwater pollution?
5. What rules and regulations control stormwater issues?
6. My neighbor’s stormwater runs on my property, can I divert it?
7. Can I change how stormwater flows across my property?
8. There is a ravine/stream through my property; who is responsible to maintain it?
9. There is a swale or open drainage channel through my property; who is responsible to maintain it?
10. Can I put yard waste, tree limbs, compost, concrete, chemicals, etc. into my ravine?
11. Why can’t I dump my natural material (yard waste, sticks, compost, etc.) into my ravine?
12. What is a rain garden?
13. What is NPDES Phase II and Who is Affected?
14. How Do the Phase II Rules Affect Industry?
15. How Do The Phase II Rules Affect Construction Sites?