Wednesday, August 24, 2016

Are Municiapally Owned Industrial Facilities Exempt From Storm Water Rules?

From time-to-time this question is asked; much of the confusion on this relates to the Intermodal Surface Transportation Efficiency Act.

Municipally owned and operated industrial sources that had been exempted by the Intermodal Surface Transportation Efficiency Act of 1991 were no longer exempt from permitting requirements after the Phase II Stormwater regulations came into effect. Provisions within Intermodal Surface Transportation Efficiency Act temporarily delayed the deadline for Phase I sources (industrial activities with the exception of power plants, airports, and uncontrolled sanitary landfills) operated by municipalities with populations of less than 100,000 people to obtain an NPDES Stormwater discharge permit. Congress delayed the permitting deadline for these facilities to allow small municipalities additional time to comply with NPDES requirements. The Phase II Final Rule ended this temporary exemption from permitting. Since March 10, 2003, all Intermodal Surface Transportation Efficiency Act-exempted municipally operated industrial activities were required to obtain permit coverage.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training. For further information contact Caltha LLP at or Caltha LLP Website

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