Maryland Department of the Environment

12-SW Permit Updatefor Stormwater Discharges Associated With Industrial Activity

Stormwater Permit Background• The Clean Water Act (CWA or the Act) establishes a

comprehensive program– “to restore and maintain the chemical, physical, and biological integrity

of the Nation’s waters.”– “also seeks to attain ‘water quality which provides for the protection

and propagation of fish, shellfish and wildlife.’”

• The Water Quality Act of 1987 (WQA) directed the EPA todevelop a phased approach to regulate stormwater dischargesunder the NPDES permit program.

• EPA published a final regulation on November 16, 1990,establishing permit application requirements for “stormwaterdischarges associated with industrial activity”.

• EPA issues stormwater permits for many states, which is referredto as the Multi-Sector General Permit (MSGP).

Hot SpotsStormwater hotspots are areas which produce higher concentrationsof pollutants than normally found in urban runoff.

Primary Industrial Activity-SectorsSector A – Timber Products Sector Q – Water Transportation

Sector B – Paper and Allied Products Manufacturing Sector R – Ship and Boat Building or Repairing Yards

Sector C – Chemical and Allied Products Manufacturing Sector S – Air Transportation Facilities

Sector D – Asphalt Paving and Roofing Materials Manufactures andLubricant Manufacturers

Sector T – Treatment Works

Sector E – Glass, Clay, Cement, Concrete, and Gypsum ProductManufacturing

Sector U – Food and Kindred Products

Sector F – Primary Metals Sector V – Textile Mills, Apparel, and other FabricProducts Manufacturing

Sector I – Oil and Gas Extraction and Refining Sector W – Furniture and Fixtures

Sector K – Hazardous Waste Treatment Storage orDisposal

Sector X – Printing and Publishing

Sector L – Landfills and Land Application Sites Sector Y – Rubber, Miscellaneous Plastic Products, andMiscellaneous Manufacturing Industries

Sector M – Automobile Salvage Yards Sector Z – Leather Tanning and Finishing

Sector N – Scrap Recycling Facilities Sector AA – Fabricated Metal Products

Sector O – Steam Electric Generating Facilities Sector AB – Transportation Equipment, Industrial orCommercial Machinery

Sector P – Land Transportation Sector AC – Electronic, Electrical, Photographic andOptical Goods

Sector AD –Designated by the Department

Mulching/Composting OperationsSector A – Timber Products includes Natural Wood

Waste as:

“SIC 2499 Wood Products, Not Elsewhere Classified”

Sector C – Chemical and Allied ProductsManufacturing includes Food Composting as:

“SIC 2875 (Subsector C1) Agricultural Chemicals”

LandfillsSector L – Landfills:

• (Subsector L1) with a refuse disposal permit

• (Subsector L2) with a refuse disposal permit, exceptMunicipal Solid Waste Landfill (MSWLF) AreasClosed in Accordance with 40 CFR 258.60

• (Subsector L3) without a refuse disposal permit thathave been notified by the Department that coverageis needed

Permit RequirementsSelect, design, install, and implement

control measures.• Minimize Exposure• Good Housekeeping• Maintenance• Spill Prevention and Response Procedures• Erosion and Sediment Controls• Management of Runoff• Salt Storage Piles or Piles Containing Salt• Sector Specific Non-Numeric Effluent Limits• Employee Training• Non-Stormwater Discharges• Waste, Garbage and Floatable Debris• Dust Generation and Vehicle Tracking of IndustrialMaterials

Benchmarks Selected1. Agricultural Chemicals2. Industrial Inorganic Chemicals3. Soaps, Detergents, Cosmetics and Perfumes4. Landfills and Land Application Sites5. Automobile Salvage Yards6. Scrap Recycling & Waste Recycling Facilities (except source separated)7. Grain Mill Products8. Fats and Oils Products9. Fabricated Metal Products

AFTER 4 QUARTERS, IF YOU HAVE METBENCHMARKS CONTACT COMPLIANCE TO

DISCONTINUE

Visual Monitoring

Quarterly Samples:

1. No lab required.

2. Form part ofpermit.

3. Important to keeprecords.

Exceptions• Inactive and Unstaffed

• Substantially Identical Outfalls

• No Discharge

Monitoring GuidanceWe provide EPA’sGuidance Documentfor monitoring andsampling.

Comprehensive EvaluationComprehensive Site Compliance Evaluation once a year, to be

kept onsite with SWPPP.• Industrial materials, residue or trash• Leaks or spills within the past three years;• Offsite tracking where vehicles enter or exit the site;• Tracking or blowing of raw, final, or waste materials from areas of no

exposure to exposed areas;• Evidence of pollutants entering the drainage or pollutants discharging

to surface waters at facility outfalls;• The condition of and around any outfall, including flow dissipation

measures to prevent scouring;• Training performed, inspections completed, maintenance performed,

quarterly visual examinations, and effective operation of BMPs and• Visual and analytical monitoring results from the past year.

EPA Provides a Template that may be used,which is on our website.

Corrective ActionsWhen something is wrong, you mustaddress it and document what you did.• Within 24 hours of discovery of any condition listed, you must

document discovery.

• Within 14 days of discovery of any condition listed, you mustdocument your corrective action.

• Any modifications to your control measures must be madebefore the next storm event if possible, or as soon aspracticable following that storm event.

• In the event that a deficiency cannot be addressed fully within30 days, you must call the Department Compliance programand make the Department aware of the situation.

Treatment of Stormwater

NOI Requires - Chesapeake Bay Specific

If your facility meets ALL of these criteria :– within the Chesapeake Bay Watershed;

– is 5 acres or greater in size;

– in an urban area as specified “any portion of your facility is locatedwithin a Phase I or Phase II municipal separate storm sewersystem (MS4) jurisdiction”; and

– is not owned by or leased from an entity that is permitted as anMS4.

THEN you must provide:

– the total impervious surface area (square feet),

– the untreated impervious surface area (in square feet) and

– the impervious surface area subject to 20% restorationrequirement (in acres).

Restoration Options• Accounting Guidance Practices (Draft or 2014)

– Most Popular Examples: Street Sweeping, replacing pavementwith green space or Retrofiting Existing Stormwater Ponds.

• Design Manual or Proprietary Practices– Examples: Green Roof or Cisterns

• Equivalent control measures– Achieve reduction of 5.4 lbs total nitrogen (TN) per year is

equivalent to restoration of one acre of impervious surface area.

– New controls required for erosion and sediment control or reduceduse of fertilizer.

– New controls to achieve the benchmarks for nitrogen

– Reducing an existing TN load allocation (Important for WWTP)

• Off-Site

Facility SWPPP Map Example

No Exposure• 12-SW General Permit

– If a facility conducts industrial activity regulated by the 12-SWpermit, and meets the requirements for a no exposure exclusionfrom permitting under 40 CFR 122.26(g), the applicant may file fora No Exposure Certification. (Title 40 is Protection of theEnvironment.)

• Qualifying for No Exposure– To qualify for this certification, the applicant must verify that there

is no potential for the stormwater discharged from the facility to beexposed to pollutants.

• Professional Certification– The applicant must also obtain written certification by either a

Professional Engineer, a Certified Professional in Storm WaterQuality (CPSWQ), a Registered Architect, or a LandscapeArchitect that the site meets the requirements of no exposure.

No Exposure Certification

• Guidance manual is provided onMDE website.

• The professional must (page 9 ofguidance) visit site, interviewowner, examine potentialexposed materials and make adetermination of No Exposurebased on observations – then,issue a letter only if inagreement.

Update on RegistrationsWe have over 1100 operators accounted for with either completed

or pending coverage under the new permit.

120+ Terminations (Moved, No Longer Needed Permit, Shut Down)

579 Active 12SW

242 Active 12SR (with Restoration)

292 Active No Exposure Certification

72 Pending /Incomplete NOI

1185 Total Issued or Pending 12SW Facilities

Registration• You have sent in your Notice of Intent

(NOI), Payment and Stormwater PollutionPrevention Plan (SWPPP). What next?

MDE will notify you.

1) To resolve any issues

2) To register your facilityunder the new permit.

Search Tool

Registered…now what?Binder at your facility with:• Registration letter (you need to send to MS4)

• Copy of Permit

• SWPPP (updated)

• Quarterly Visual Inspections

• Training Records

• Benchmark Monitoring

• Comprehensive Annual Inspection

• Maintenance Records (Oil Water Seperator or other device)

• Corrective Action Records

When to Notify MDE1. Corrective Actions

2. Monitoring Reports forBenchmarks (DMRs)

3. Restoration update at end ofyear 4 for all registrationsbeginning with 12-SR

4. Illicit discharges.

Inspector shows up…• Be prepared to present your SWPPP.

• Review your records with inspector.

• Staff may randomly be asked questions.

• Provide access to all stormwater controls.

• Explain any problems and what you havedone to address them.