The California State Water Resources Control Board (SWRCB) adopted the current NPDES General Permit for storm water discharges associated with industrial activity on 1997 (The first was adopted in 1991).
In June 2003 the SWRCB held 2 public hearing to accept comments on a proposed draft of the Industrial General permit which addresses the USEPA phase II stormwater regulations, in addition to several updates on the SWPPP preparation and monitoring program. After considering the comments of the 2003 draft, the RWQCB issued a new draft (2004) that revises the minimum Best Management Practices that all discharges must include in the SWPPP, additional sampling requirements for indicator parameters, corrective actions required whenever exceedances occur of the USEPA storm water numeric benchmark values, and a one-time comprehensive pollutant scan. Lately a final draft was issued by SWRCB on February 2005 and is available on the Internet at http://www.waterboards.ca.gov/stormwtr/docs/final_draft_indus.pdf.
Operators of facilities that meet the definition of "Storm Water Discharge Associated with Industrial Activity" must submit a Notice of Intent (NOI) application form to the State Water Resources Control Board (SWRCB), the appropriate fees ($700 plus 18.5% surcharge) and a Site Map of the facility in order to obtain coverage under a general permit. (Construction Activity is covered by a separate permit). For more information on submitting the NOI visit the SWRCB Industrial program web site at: http://www.waterboards.ca.gov/stormwtr/gen_indus.html.
Facilities meeting certain requirements may qualify for a no exposure exemption from permit requirements.
In addition, and as a part of the NPDES permit requirements, an annual report shall be presented to the Regional Water Quality Control Board by the 1st of July of every year. More details about annual report preparation (now electronic filing is available) can be found at http://www.waterboards.ca.gov/stormwtr/industrial.html
A Notice of Termination form (NOT) is required to be submitted to SWRCB for regulated facilities when there is a change in operator or owner or if the facility closes (and there is no longer a discharge of storm water associated with industrial activity).
At any time a regulatory agency (RWQCB, City, Municipality, County, EPA) may inspect the job to examine its compliance with the NPDES General Industrial Permit.
Operators of industrial facilities or sites with activities included in one of these 11 categories must obtain coverage under an NPDES industrial stormwater permit, unless conditionally excluded. The list provided below describes the types of industrial activities within each category.
- Category One (i): Facilities with effluent limitations
- Category Two (ii): Manufacturing
- Category Three (iii): Mineral, Metal, Oil and Gas
- Category Four (iv): Hazardous Waste, Treatment, or Disposal Facilities
- Category Five (v): Landfills
- Category Six (vi): Recycling Facilities
- Category Seven (vii): Steam Electric Plants
- Category Eight (viii): Transportation Facilities
- Category Nine (ix): Treatment Works
- Category Ten (x): Construction Activity *
- Category Eleven (xi): Light Industrial Activity
*Category Ten (x): Construction Activity that disturbs 1 or more acres of land is included in the definition of "stormwater discharges associated with industrial activity." However, EPA opts to permit these types of activities separately from other industrial activities because of the significant difference in the nature of these activities.
Depending of the facility location, the Stormwater Department (or any equivalent unit) of the city, county or municipality and the Regional Water Quality Control Board (RWQCB) maintain a database of facilities that are required to obtain coverage under the NPDES General Permit for storm water discharges associated with industrial activity and conduct periodic inspections to determine permit compliance status. These inspections may include a review of records required to be maintained, a review of the Storm Water Pollution Prevention Plan (SWPPP), and a facility walk-through. The city and/or the RWQCB also inspect facilities that have applied for a no exposure exclusion from permit requirements.
As a regulatory agency, the city (or RWQCB, EPA…etc.) has the authority to impose fines and initiate state and federal investigations upon non-compliant industries. The main goal of these agencies however is to assist industries, through education and cooperation, in coming into compliance with storm water regulations. When the inspectors visit an industry for the first time, they will typically perform a comprehensive review of the industry's SWPPP if available. Any deficiencies in the SWPPP are noted on a Notice of Violation (there are no fines associated with an NOV) and the facility may be given up to 30 days depending on the degree and nature of non-compliance to make appropriate corrections. Of course, any illicit discharges that threaten the environment will require immediate cessation. During this time the inspector will work with the industry by supplying necessary paper work, answering questions, providing additional plan reviews or other assistance to help them gain compliance.
At the end of this initial period, the inspector will again review the SWPPP and/or inspect the facility as necessary to determine compliance status. In most cases if additional time is needed to gain compliance an extension will be granted without escalating enforcement if the facility is progressing toward compliance. Continued noncompliance however may result in the issuance of citations with fines that can go up to $32,500 per violation/per day or other enforcement actions. Keep in mind that even if the City does not issue a citation the RWQCB or EPA may visit your site at any time and initiate enforcement if the facility is found to be out of compliance.
The facility operator must submit first an (Notice of Intent) NOI for each industrial facility that is required by U.S. Environmental Protection Agency (U.S.EPA) regulations to obtain a storm water permit. The required industrial facilities are listed in Attachment 1 of the General Permit and are also listed in 40 Code of Federal Regulations Section 122.26(b)(14). The facility operator is typically the owner of the business or operation where the industrial activities requiring a storm water permit occur. The facility operator is responsible for all permit related activities at the facility. Where operations have discontinued and significant materials remain on site (such as closed landfills), the landowner may be responsible for filing an NOI and complying with this General Permit. Landowners may also file an NOI for a facility if the landowner, rather than the facility operator, is responsible for compliance with this General Permit.
Facility operators of existing facilities must file an NOI in accordance with these instructions by March 30, 1992. Facility operators of new facilities (those beginning operations after March 30, 1992) must file an NOI in accordance with these instructions at lease 14 days prior to the beginning of operations. Once the completed NOI, site map, and appropriate permit fee have been submitted to the State Water Board, your NOI will be processed and you will be issued a receipt letter with a Waste Discharge identification (WDID) Number. Please refer to this number when you contact either the State or Regional Water Quality Control Boards (RWQCB).
Filing the NOI is just a beginning. After been covered with the Permit, the next step will be “compliance”. Here are, in general, the steps to be taken to show compliance to any regulatory agency (most of the time the only agency that you deal with, is the Regional Water Quality Control Board):
- Prepare a Storm Water Pollution Prevention Plan (SWPPP).
- Conduct quarterly field inspections.
- Conduct water sampling for at least 2 storm events.
- Prepare a yearly report that include all your compliance activities listed above and send it to the Regional Water Quality Board by June 30 of every year.
The coverage under the general permit remains in effect until the operator submits a valid (Notice of Termination (NOT) to the appropriate Regional Water Quality Control Board RWQCB. The RWQCB, however, may deny the NOT if the NOT is considered invalid.
The permit fee is $830.00 ($700 + 18.5% surcharge). Checks should be made payable to the State Water Resources Control Board. The annual fee is the same as the permit fee.
The Phase II regulations provide an exemption from stormwater permitting for industrial facilities within the categories described at 40 CFR 122.26(b)(14)(i)-(ix) which have no exposure of industrial materials and activities to stormwater. Facilities claiming the exemption must submit a no exposure certification to the permitting authority once every five years (see also no exposure certification guidance). The Phase II regulations retain the no exposure exemption for "light" industrial facilities listed in the Phase I regulations at 40 CFR 122.26(b)(14)(xi). However, to claim the exemption, these facilities must now also submit the no exposure certification once every five years. Construction sites are ineligible for the no exposure exemption.
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