Compliance with the Industrial General Permit for Light Industrial Facilities - No Exposure Certification
The newly released National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Dischargers Associated with Industrial Activities, NPDES No. CAS000001 (2014 IGP) contains significant revisions from the prior 1997 Industrial Storm Water General Permit (1997 IGP). The 2014 IGP includes many substantive changes that will impose new and increased compliance requirements to a large number of industrial facilities.
Previously, light industrial facilities were exempt from the 1997 IGP requirements as long as the light industrial facility eliminated non-storm water discharges and ensured that their industrial activities were not exposed to storm water. However, the 2014 IGP requires that these light industrial facilities must now enroll for permit coverage, even if they do not expose their industrial activity to storm water. Any light industrial facility seeking to claim a conditional exclusion under the new 2014 IGP must apply and complete a No Exposure Certification and attach pertinent documents. To be successful in obtaining a No Exposure Certification, the light industrial facility must show that no exposure to storm water occurs at their facility.
What does it mean to have “No Exposure”?
All industrial materials and activities must be protected by a storm water-resistant shelter to prevent exposure to rain, snow, snowmelt and runoff. The following must not come in contact with storm water or storm water runoff:
- material-handling equipment or activities
- industrial machinery
- raw materials, intermediate products, by-products, final products, or waste products
Who May File for No Exposure Certification Coverage
An industrial facility may obtain No Exposure Certification coverage if the industrial facility certifies that a condition of “No Exposure” exists at the industrial facility by submitting No Exposure Certification Permit Registration Documents via the State Water Resources Control Board’s Storm Water Multi-Application and Report Tracking System (SMARTS) and pays an annual fee.
Steps to Obtain No Exposure Certification Coverage
1. Determine if your facility is subject to the 2014 IGP (as defined in Attachment A of the 2014 IGP)
A. Does your facility meet the definitions of “No Exposure” and qualify for the No Exposure Certification? If yes, proceed to step number 2. If no, obtain a Notice of Intent coverage via SMARTS.
2. Certify and electronically submit the completed Permit Registration Documents for No Exposure Certification coverage via SMARTS and mail the annual fee to the State Water Board. Permit Registration Documents include:
A. Facility information
B. Facility Site Maps
C. No Exposure Certification Checklist - An inspection and evaluation of each individual industrial facility that evaluates 11 major areas where storm water exposure may occur.
D. Certification - Via submitting forms electronically to SMARTS and pay an annual fee
3. Annual inspection and evaluation, re-certification and fee are required thereafter. If a physical or operational change occurs which causes exposure of industrial activities or materials to storm water, the industrial facility must then immediately comply with all the requirements of the 2014 IGP and obtain Notice of Intent coverage.
When will compliance of the 2014 IGP become effective?
The complete implementation of the new 2014 IGP is on or before July 1, 2015 with all appropriate documents uploaded and certified via SMARTS. If your facility meets the No Exposure Certification requirements then enrollment and compliance will become effective on October 1, 2015. To avoid being fined by the Water Board we recommend that your facility/site be in compliance by the implementation date. Rincon can assist you with your compliance needs and questions. We can assist with SWPPP writing and amendments, No Exposure Certification, annual reporting, Environmental Action Reports, create up-to-date site maps, assist with electronic filing, provide storm water monitoring and inspecting, provide training, and much more. If you have any questions regarding the 2014 IGP, to help determine if your facility is subject to the 2014 IGP, or have any compliance needs, please contact Ed De La Llave or Kristin Roberts at (805) 644-4455.