UFC 3-210-10
25 October 2004
oil spill prevention, control, and countermeasures (SPCC) plans. The goal of an SPCC
plan is to ensure that facilities install containment and other countermeasures to prevent
oil spills from reaching navigable waters.
3-3.1.3 Section 319. State Non-Point Source Management Program. This
section delegates the regulation of non-point source pollution to the states and
establishes the Non-Point Source Management Program. Although Section 319 of the
CWA includes no enforcement mechanism to ensure that states actually develop and
implement programs, CWA Section 303 requires that states identify all the activities that
are causing a water body to be impaired, including non-point source pollutants, and
develop mitigation plans.
3-3.1.4 Section 401. Certification and Wetlands. Section 401 of the CWA gives
states, territories and authorized tribes the authority to review and approve, deny or
condition all Federal permits or licenses that might result in a discharge to State or
Tribal waters, including wetlands. State wetland water quality standards will limit the
degradation of its waters and wetlands resulting from Federal activity. (In states without
such standards, Federal water quality standards apply.) In order to obtain state
certification, a development project may be required to prevent potential degradation of
receiving waters caused by the discharge of stormwater runoff. LID can be used to
reduce pollutant concentrations in stormwater runoff. Because of their small footprint
and their manner of operation (i.e. filtering and dewatering devices rather than wet
systems) LID devices themselves will not be subject to regulation as wetlands.
3-3.1.5 Section 402. National Pollutant Discharge Elimination System (NPDES)
Program. The CWA prohibits the discharge of any pollutant to waters of the United
States from a point source unless the discharge is authorized by a NPDES permit.
Facilities that discharge stormwater from certain activities (including industrial activities,
construction activities, and municipal stormwater collection systems) require NPDES
permits. These facilities must implement commonly-accepted stormwater discharge
management controls, often referred to as best management practices (BMPs), to
effectively reduce or prevent the discharge of pollutants into receiving waters. Using
LID to eliminate the volumes of effluent discharges of permitrequiring activities can
help reduce the need for NPDES permits.
For many DoD facilities, the CWA Stormwater Phase II rule will expand their
NPDES permitting requirements. Under the CWA Stormwater Phase II rule, EPA (or a
state given CWA enforcement authority) can require a facility with a stormwater system
to obtain a permit, even if it is not automatically regulated, if the facility's stormwater
system discharges via a point source to an impaired water (the CWA 303d list), or to
sensitive waters. Facilities that fall under the Phase II rule must develop and implement
various BMPs including expanded stormwater management. LID techniques can help a
facility to meet stormwater control requirements in a manner that minimizes impacts to
the facility and natural environment and reduces the amount of infrastructure to be
constructed and maintained.
Stormwater management solutions must qualify as state and local
government-approved BMPs and meet technical performance criteria. For
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