Friday, December 12, 2008

No Exposure Exemption - Maintaining Compliance with NEC

Many industrial and “industrial-like” municipal facilities can avoid stormwater permit requirements by submitting and complying with No Exposure Certifications (NEC) which provides a conditional exemption from the requirement to obtain a stormwater permit. States differ in their exact requirements for this NEC exemption [read example of NEC differences], however, in general to meet the NEC requirements, no materials and industrial activities can be exposed to precipitation or stormwater run-off.

The important point regarding the NEC is that it creates a conditional exemption – as long as the facility meets the conditions, it is exempted. At any time the facility does not meet the conditions, the exemption does not apply and the facility may technically be discharging without a permit. Therefore, having systems or procedures to assure continuous compliance with the NEC requirements is important.

Caltha has found several areas at typical operations present a significant challenge to maintaining NEC compliance:

  • Waste handling
  • Loading/unloading
  • Equipment maintenance activities
  • Construction and renovation activities

Assuring that contractors that may be working on-site for short periods also meet NEC requirements is a important element of NEC compliance. Contractor materials and wastes, such as temporary roll-off containers, need to meet NEC requirements in most States.

Caltha LLP provides technical guidance to dischargers nationwide to meet NEC requirements and develop procedures to maintain compliance.

For further information contact Caltha LLP at
Caltha LLP Website

No comments: