Section 402 of the Clean Water Act, passed by Congress in 1972, requires all point source discharge of storm water to be permitted according to the National Pollutant Discharge Elimination System (NPDES). The 1987 Federal Water Quality Act established a two-phase program to regulate the storm water discharges.
The Phase I Storm Water Program includes industrial storm water discharge, those already covered by effluent limitation guidelines, construction activities disturbing five acres of land or greater, and Municipal Separate Storm Sewer Systems (MS4s) serving a urban populations of more than 100,000.
The Phase II Storm Water Program designates small to medium storm sewer systems (MS4s) in urbanized areas with a population of fewer than 100,000, and owners/operators of small construction sites. Owners / operators like the City of Daytona Beach must develop, implement and enforce a management program to reduce the discharge of pollutants to waters from the regulated small municipal separate storm sewer systems (MS4s).