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State Water Resources Control Board
Division of Water Quality
Industrial/Construction Storm Water Unit
PRESENTATION GOAL
To provide information on the regulations of the industrial storm water program.
Not intended to cover every situation but to discuss the storm water program and answer questions.
Provide information on how to stay informed.
PRESENTATION OUTLINE
Federal Regulations
Storm Water Associated with Industrial Activities
Permit Coverages and Requirements:
• Notice of Intent (NOI)
• No Exposure Certification
Notice of Non-Applicability(NONA)
HISTORY ON REGULATIONNovember 16, 1990
U.S. EPA promulgated compliance with Section 402 of the Clean Water Act, requiring Industrial Activities to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) for storm water discharges.
U.S. EPA defined industrial activities: Manufacturing of Beverages: Standard Industrial Classification Codes 2082-2087 Beverages (Wine Making under 2084)
California Water Boards is the designated authority to implement the NPDES program.
SCHEDULE April 17, 1997 - June 30, 2015
• 97-03-DWQ Industrial Permit expired
April 1, 2014
• State Water Board adopted the new Industrial General Permit
Early 2000s
• Outreach letter was sent to wineries in California, notifying the operators of the regulations
• Around 200 wineries obtained coverage
• Group Monitoring formed for wineries (mainly in Napa county)
SCHEDULE July 1, 2015
• 2014-0057-DWQ Industrial General Permit effective
• Reissuance of the Industrial General Permit went through about a decade of public comment and review
• No changes were made to the regulated industry sectors (2084 for wine manufacturing was in the 1997 permit and in the 2014 permit)
SCHEDULE Summer 2015
• The State Water Resources Control Board discussed the regulations with the Wine Institute, the California Family Winemakers Association, and the California Farm Bureau.
July 3, 2015
• The State Water Resources Control Board had database issues and proposed the extension of the date to file for coverage to August 14, 2015, this extension was approved.
July 31, 2015
• The State Water Resources Control Board sent out an information letter to wineries.
Currently
• Assisting wineries and other permittees with compliance assistance.
Research Triangle Institutehttp://www.greenbiz.com/sites/default/files/document/O16F2388.pdf
Waste Discharge Requirements?
Manufacturing Activities – conducted at an industrial facility?
STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES
The discharge from any conveyance of storm water from industrial manufacturing, processing, or raw materials storage areas as identified in Attachment A of the Industrial General Permit.
Discharges to a Waters of the United States(e.g. lakes, creeks, rivers, streams).
Includes storm water discharges as defined at 40 C.F.R. section 401.
ATTACHMENT A
Currently about 9,500 facilities (food manufacturing, auto dismantlers, metal fabrication, landfills etc.) have an active permit.
About 230 wineries have an active permit.
Based upon definition of industrial activity, not size or location.
The industrial activity is the mainly the grape crushing/pressing, fermentation, and clarifying
Sorting and aging can be included if at the industrial facility.
Vineyards/harvest is not an industrial activity.
STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES
INDUSTRIAL GENERAL PERMIT COVERAGE
When is a Notice of Intent Required
Is activity identified in Attachment A?
Is there a discharge of storm water associated with industrial activity to a Water of the United States?
Is there exposure of industrial activities/materials to precipitation?
INDUSTRIAL GENERAL PERMIT COVERAGE
Notice of Intent (NOI) RequirementsStorm Water Pollution Prevention PlanSite MapElectronic Application and ReportingVisual ObservationsBest Management PracticesStorm Water Sampling (when there is a discharge)Annual ReportAnnual fee ($1, 632)
COMPLIANCE GROUPS
Facilities with similar industrial activities, pollutant sources and pollutant characteristics can form a group.
Most helpful for facilities with NOIs, sampling reduction and centralized assistance from Compliance Group Leader.
2 groups exist for wineries, more could form.
Intended to provide comprehensive compliance assistance for an industrial sector (not 1-2 facilities at a time) and resource sharing.
INDUSTRIAL GENERAL PERMIT COVERAGE
No Exposure Certification (NEC) RequirementsIs activity identified in Attachment A?Is there a discharge of storm water associated with industrial activity to a Water of the United States?Has all the exposure of industrial activities/materials to precipitation been eliminated?
INDUSTRIAL GENERAL PERMIT COVERAGE
NEC Requirements
Facility complies with criteria in NEC Section XVII of the Industrial General Permit (all year)
Site Map
Electronic Application and Reporting
Annual fee ($200)
NEC Checklist Checklist - no exposure for industrial
materials/activities, nothing exposed to precipitation:
Unauthorized Non Storm Water Discharges are eliminated Using, storing or cleaning industrial machinery or equipment;
Materials or residuals on the ground or in storm water inlets from spills/leaks;
Materials or products from past industrial activity; Material handling equipment (except adequately
maintained vehicles); Materials or products during loading/unloading or
transporting activities; Materials or products stored outdoors - except final
products intended for outside use; Materials contained in open/deteriorated/leaking storage
drums, barrels, tanks (etc); Materials or products handled/stored on roads or railways Waste material; Application or disposal of processed wastewater (unless
already covered by an NPDES permit); Particulate matter/visible deposits of residuals on roof.
What About?Roof vents/Stacks?Shipping and receiving?Outdoor storage?
Is your crush pad exposed to rain water?
Are your tanks exposed to rain water?
Do you land apply pomace without special permit?
Do you irrigate with wash water without a special permit?
Do you store used barrels outdoors?
Do you load and unload bins outdoors?
Do you clean your tanks or barrels outdoors?
Have all unauthorized NSWD been eliminated?
Do you have material tracking at the facility
Considerations for some of the NEC criteria
Do you store used barrels outdoors?Can they be stored inside? Do you load and unload bins outdoors?Can well-secured tarps be used or unload bins under cover?Do you clean your tanks or barrels outdoors? Can they be cleaned in areas of other process water?Do you have material tracking at the facility?How could industrial materials leave immediate access of industrial facility?
Considerations for some of the NEC criteria
Do you store used barrels outdoors?Can they be stored inside? Do you load and unload bins outdoors?Can well-secured tarps be used or unload bins under cover?Do you clean your tanks or barrels outdoors? Can they be cleaned in areas of other process water?Do you have material tracking at the facility?How could industrial materials leave immediate access of industrial facility?
What about a crush pad outside, can it be covered?
There may be many reasons or combinations of reasons there is no discharge of storm water associated with industrial activities to waters of the U.S.
Some example scenarios:
The industrial area and immediate access area is extremely small, designed to not discharge, is surrounded by vineyards that absorb any potential storm water runoff, the nearest water of the U.S. is not nearby.
The winery has a retention pond for its process water and all storm water associated with industrial activity is routed to the retention pond (treated as process water). The water from the retention pond is used to irrigate the surrounding vineyards in accordance with a WDR.
The winery is in an area that is not hydrologically connected to waters of the U.S.
Notice of Non-Applicability (NONA)
The Regional Board can determine whether or not the Industrial General Permit applies, or if a NONA is required.
Under the Industrial General Permit, dischargers have to file a NONA with a technical report demonstrating no discharge only upon request by the Regional Boards pursuant to Water Code 13399.30.
If the NONA is not required by the Regional Water Board, the discharger is not required to take any action and obtain permit coverage.
Note: Even if there is no discharge to waters of the U.S., the State and Regional Water Boards retain the authority to regulate discharges to waters of the state, but any such regulation would be separate from coverage under this permit.
Notice of Non-Applicability (NONA)
If conditions change and the discharger anticipates that it will start to discharge storm water associated with industrial activities to waters of the U.S., then the discharger must file for IGP permit coverage (NOI or NEC).
If additional information is discovered that indicates that the discharger was mistaken and it discharges to waters of the U.S. (or if the information provided was inaccurate), the discharger must obtain IGP permit coverage (NOI or NEC). The discharger would be liable for any storm water discharges to waters of the U.S.
We are not providing authorization for or exemptions for any past, current, or future discharges to waters of the U.S.
Notice of Non-Applicability (NONA)
Facility constructed to have no Discharge
or
Facility located in a basin or other physical location that is not hydrologically connected to waters of the United States
California Licensed Professional Engineer required to sign technical report
NONA – No DischargeTechnical Report
RESOURCES
Get informed: Email list!
http://www.swrcb.ca.gov/water_issues/programs/stormwater/
>Subscribe online to our electronic mailing lists.
>Select Water Quality Topics
>Select Storm Water Industrial Permitting Issues
>Enter email address and hit subscribe
Industrial General Storm Water Program Page
http://www.swrcb.ca.gov/water_issues/programs/stormwater/industrial.shtml
•Help Guide for the Electronic database
•Permit resources
•Contact information
