The Federal Clean Water Act has regulated the discharge of pollutants to waters of the United States since 1972. In the 1987 amendments to the Act, Congress directed the US Environmental Protection Agency (US EPA) to develop regulations for storm water discharges. The change to include storm water discharges under the regulations came about as a result of a study called The National Urban Runoff Program, which indicated storm water runoff from cities and industrial activities (including construction activities) carried pollutants to our nations waterbodies. The US EPA published regulations regarding storm water discharges in 1990 (40 CFR 122-124).

The issuance of an NPDES permit or certificate of coverage does not authorize violation of any federal, state or local laws or regulations, nor does it obviate the necessity of obtaining such permits, including any other DEQ permits, or approvals from other units of government as may be required by law.