Thursday, May 17, 2018

South Dakota Industrial Permit Reauthorization

South Dakota DENR General Permit for Stormwater Discharges Associated with Industrial Activities expired September 30, 2017, and has been administratively extended.

 DENR has sent a renewal notice to each permitted facility with instructions for submitting a Notice of Intent for Reauthorization and a Certification of Applicant form. DENR is currently processing all of the reauthorizations and preparing to send out approval letters to those who reauthorized. The new general permit was not reissued before September 30, 2017; however, if DENR receives a reauthorization form, a facility's permit coverage continues until the new general permit is issued. DENR will notify permitted facilities once the new general permit has been issued.

Click here for more South Dakota regulatory updates and Caltha project examples in South Dakota.

Caltha LLP | Your Stormwater Permit, SWPPP 
and Spill Plan Partner

New Permit Requires Update To SWPPP For South Dakota Sites

Effective April 1, 2018, South Dakota's General Permit for Stormwater Discharges Associated with Construction Activities was reissued. New applications for permits must be submitted at least 15 days prior to the project start date on the new forms beginning May 1, 2018. The 2018 South Dakota Legislature also passed Senate Bill 25 which authorized new stormwater permit fees. Effective July 1, 2018, new construction Notice of Intents (NOIs) must include the new fee.

SWPPP and Solid Waste Controls At Large Residential Construction Project

The new stormwater discharge permit included new requirements for a stormwater pollution prevention plan, or SWPPP. Existing Stormwater Pollution Prevention Plans need to be updated by October 1, 2018.For projects that discharge stormwater to a water body listed as impaired under section 303(d) of the Federal Clean Water Act due to sediment, suspended solids, or turbidity, the SWPPP must identify the water body and impairment and must describe and conform to any Wasteload Allocation (WLA) for the water body.

Caltha LLP | Your Stormwater Permit, SWPPP 
and Spill Plan Partner

Tuesday, May 15, 2018

Spill Plan Requirements For Iowa SARA 313 Reporting Facilities

The Iowa Department of Natural Resources general permit for industrial stormwater water discharges was revised in 2018 and the new permit became effective on March 1, 2018. The revised permit includes additional requirements which apply to those facilities that report under SARA 313, also known as the Toxic Release Inventory or TRI.

 Storm water pollution prevention plans for facilities subject to reporting requirements under SARA Title III, Section 313 for chemicals which are classified as "Section 313 water priority chemicals" are required to include a discussion of the facility's conformance with the appropriate guidelines listed below: In areas where Section 313 water priority chemicals are stored, processed or otherwise handled, appropriate containment, drainage control and/or diversionary structures shall be provided. At a minimum, one of the following preventive systems or its equivalent shall be used:
  • curbing, culverting, gutters, sewers or other forms of drainage control to prevent or minimize the potential for storm water run-on to come into contact with significant sources of pollutants; or
  • roofs, covers or other forms of appropriate protection to prevent storage piles from exposure to storm water, and wind blowing.

 If the installation of structures or equipment is not economically achievable at a given facility, the facility shall develop and implement a spill contingency and integrity testing plan which provides a description of measures that ensure spills or other releases of toxic amounts of Section 313 water priority chemicals do not occur. A spill contingency and integrity plan must include, at a minimum:
  • a description of response plans, personnel needs, and methods of mechanical containment; steps to be taken for removal of spilled Section 313 water priority chemicals;
  • access to and availability of sorbents and other equipment.
  • The testing component of the alternative plan must provide for conductingintegrity testing of storage tanks at least once every five years, and conducting integrity and leak testing of valves and piping a minimum of every year; and
  • A written and actual commitment of manpower, equipment and materials required to comply with the provisions of the permit and to expeditiously control and remove quantities of Section 313 water priority chemicals that may result in a toxic discharge.