New Requirements For PPC Plans Apply To No Exposure Certification Sites In Pennsylvania

In the revised General Industrial stormwater discharge permit issued in September 2016, Pennsylvania DEP has updated the requirements for Preparedness, Prevention and Contingency (PPC) Plan. The purpose for the update was to make the General Permit consistent with the current language being used for individual NPDES permits for industrial stormwater discharges.
Compared to the previous PAG-03 General Permit, several significant changes were made:

1. removal of the requirement for engineering certification of PPC Plans every year for facilities subject to SARA Title III, Section 313, and
2. requires annual review and update, if necessary, of the PPC Plan to be documented in the annual report.

In addition, a PPC Plan will be required as part of each complete NOI submission, including No Exposure Certification submissions.



For recent news and Caltha project examples for Pennsylvania, click here.

DEP Allows General Permit Coverage For Facilities Outside High Quality Or Exceptional Value Watersheds

The Pennsylvania DEP has reissued the State General Permit for industrial facility stormwater discharge. The PAG-03 General Permit was reissued on September 24, 2016 for a new 5-year term. The federal regulations identify specific classes of industrial facilities that must apply for NPDES permit coverage; in addition, DEP may require any other facility not identified in the federal regulations to obtain a permit if DEP finds that the facility or activity is resulting in the discharge of pollutants to waters of the Commonwealth.


If a facility is not eligible for coverage under the PAG-03 General Permit, it may apply for an individual NPDES permit, using DEP's industrial waste NPDES permit application package. The most common reason that a facility may not be eligible for general permit coverage is if it is located in a High Quality or Exceptional Value watershed, according to designated uses under Chapter 93 or existing uses determined by DEP.


For those facilities that qualify for PAG-03 General Permit coverage, an alternative to obtaining permit coverage is to request No Exposure Certification if the facility qualifies. The No Exposure Certification alternative is not available to facilities in High Quality or Exceptional Value watersheds, and must be renewed every five years. For facilities not located in a High Quality or Exceptional Value watershed, all industrial materials and activities must be stored and conducted indoors or under roof for a facility to qualify for No Exposure Certification.


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
info@calthacompany.com or Caltha LLP Website

Industrial Stormwater SWPP and MPCA Permit Compliance Program Development For Transportation Facility

Caltha LLP Project Summary

Project: SWPPP and MPCA Permit Compliance Program For Transportation Facility
Client: Transportation Company
Location(s): Minnesota

Key Elements: MPCA industrial stormwater discharge permit compliance, SWPPP, Facility inspections, Storm water BMP

Overview: The national transportation company selected Caltha to conduct a facility assessment to determine if the operations could meet "No Exposure" requirements under the MPCA general industrial permit. Caltha prepared a list of corrective actions which would be required to comply with MPCA requirements and discussed potential costs with facility managers. Upon consideration of costs, facility management determined that applying for coverage under the Minnesota industrial permit was the preferred alternative. Caltha then prepared the storm water pollution prevention plan (SWPPP) using Caltha's SWPPP template designed to meet permit requirements. Caltha also prepared a permit compliance plan and site-specific inspection checklists to streamline on-going permit compliance tasks that the facility staff would be conducting.

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

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
info@calthacompany.com or Caltha LLP Website

No Exposure Certification Under Proposed California General Permit

Phase II of the Federal stormwater rules changed the requirement for “no exposure certification” or NEC which existed in 1997, then the current California general permit was finalized. EPA extended the option to certify no exposure to any industrial sector. The draft IGP applies US EPA’s Phase II rules regarding a conditional exclusion for facilities where there is no exposure of industrial activities and materials to storm water. The previous California permit mandated that light industries obtain coverage only if their activities were exposed to storm water. This General Permit meets US EPA rules allowing any type of industry to claim the conditional exclusion.

In the draft IGP, the NEC requires enrollment for coverage but conditionally excludes dischargers from a majority of the permit requirements. Some minor modifications were added to clarify the types of “storm resistant shelters” and the periods when “temporary shelters” may be used to meet the NEC requirements. Under the draft ICP, dischargers meeting all the NEC would need to recertify each year.

Facilities that self-certified no exposure under the previous permit (category 11) are required to designate a Legally Responsible Person (LRP) to certify and submit via SMARTS for NOI or NEC coverage under this General Permit. NEC will need to be recertified through SMARTS on an annual basis.

Click here for a summary of the Draft California Industrial Storm Water Permit

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Storm Water Plan Certification - What is Certified? Who Must Sign?

Under State and EPA stormwater permitting rules, a Stormwater Pollution Prevention Plan (SWPPP) may need to be certified. This signed SWPPP Certification is in addition to other types of certifications that may be required. The types of certifications will vary depending on the State and type of permit; in addition to SWPPP Certification, some other types of certifications might include:

• Non-stormwater Discharge Certification,
• No-exposure Monitoring Exemption Certification;
• Heavy Metal No-exposure Certification (in Texas);
• Site Compliance Certifications;
• Endangered Species Certifications;
• Historic Places Certification
• Others.

SWPPP Certification – What is Being Certified?
In most cases, the SWPPP Certification statement indicates that the SWPPP has been 1) prepared; 2) implemented and that 3) the SWPPP conforms to the requirements of the discharge permit. The SWPPP Certification generally includes a statement that the information documented is correct. The exact wording and scope of the certification statement will vary from State-to-State, but here is an example:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."


Who needs to certify the SWPPP?
In some States (for example, Michigan, Indiana, Connecticut and others), the SWPPP needs to be signed by a certified or qualified environmental professional.

In most States, the SWPPP also needs to be signed by a Responsible Company Officer, or his/her duly authorized representative. State or EPA rules will determine who can sign the SWPPP. This SWPPP Certification can be in addition to any certifications needed by a qualified environmental professional.

Click here for more information on State-specific SWPPP Templates.


Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting and Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

No Exposure Exclusion NEE Requirements Under Revised EPD Industrial Permit

The 2012 NPDES General Permit No. GAR050000 for Storm Water Discharges Associated with Industrial Activity (2012 IGP) was issued as a third draft for public comment on January 17, 2012. Comments are being accepted from January 17 to March 16, 2012. Georgia Department of Natural Resources - Environmental Protection Division (EPD) anticipates the final industrial permit will be issued in April 2012.

Click here to review a Regulatory Briefing on the 2012 ICP

One of the significant requirements in the final draft permit is related to facilities that submit a No Exposure Exclusion (NEE). Those facilities that have certified to a condition of No Exposure by submitting the Industrial No Exposure Exclusion Certification form are exempt from the IGP as long as the condition of No Exposure is maintained. However, Georgia is unique is requiring that NEE facilities document compliance with the NEE requirements. Owners and operators of facilities for which an NEE form is submitted are required to conduct quarterly inspections each year to ensure that a condition of No Exposure is maintained at the facility. Results of the inspections must be maintained at the facility and available to EPD upon request.

If an inspection shows that any condition of the No Exposure Exclusion does not exist, then appropriate remedial measures are required within 30 days of the inspection, or the facility owner or operator must submit an NOI to obtain coverage under the general permit

The NEE form must be submitted on every permit cycle re-issuance. Therefore facilities that submitted their NEE form under the previous permit must resubmit their certification within 30 days after the effective date of the 2012 IGP.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Georgia 2012 Industrial General Permit Update

The 2012 NPDES General Permit No. GAR050000 for Storm Water Discharges Associated with Industrial Activity (2012 IGP) was issued as a third draft for public comment on January 17, 2012. Comments are being accepted from January 17 to March 16, 2012. Georgia Department of Natural Resources - Environmental Protection Division (EPD) anticipates the final industrial permit will be issued in April 2012. The draft revised permit, which included significant changes from the expired general permit. Earlier drafts were issued in June and August 2011.

[Read summary of earlier IGP version]
[Read a Regulatory Briefing summarizing key elements of the 2012 ICP]

Once finalized, current permittees covered under the 2006 IGP will be required to submit a new Notice of Intent (NOI) within 30 days after the effective date of the new permit. New dischargers commencing discharge after the effective date of the 2012 IGP must submit an NOI for coverage 7 days prior to commencing discharge. Also, existing facilities which had previously filed for a “No Exposure Exclusion‟ (NEE) must submit a new NEE form no later than 30 days after the effective date of the 2012 IGP. The 2012 IGP requires facilities that claim they have no storm water discharges associated with industrial activity file a “No Discharge Exclusion” (NDE) form which must be certified by a professional engineer.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Second Draft Georgia General Industrial Permit Released For Comment

The Georgia Department of Natural Resources - Environmental Protection Division (EPD) has released its second draft for the revised industrial general permit (IGP) for storm water discharge. The draft industrial storm water permit is designed to replace existing permit GAR000000, which expired on July 31, 2011.

The first draft of the revised permit, which included significant changes from the expired general permit, was released in June 2011. A public comment period was held on the earlier version of this permit from June 27, 2011 to August 1, 2011, and a public meeting and hearing on the Permit were held August 1, 2011. A total of 22 sets of comments were received during the comment period.

[Read summary of earlier IGP version]

As a result of comments received, minor revisions and clarifications were made to the permit. These changes have been noted in the Change Summary document, and the Comment Response document addresses the comments received. The Change Summary, Comment Response, Revised Fact Sheet and Revised Permit are now available for public comment until September 16, 2011. The draft permit will be revised if needed to address any additional comments.

Once finalized, current permittees covered under the 2006 IGP will be required to submit a new Notice of Intent (NOI) within 30 days after the effective date of the new permit. New dischargers commencing discharge after the effective date of the 2011 IGP must submit an NOI for coverage 7 days prior to commencing discharge. Also, existing facilities which had previously filed for a “No Exposure Exclusion‟ (NEE) must submit a new NEE form no later than 30 days after the effective date of the 2011 IGP. The 2011 IGP requires facilities that claim they have no storm water discharges associated with industrial activity file a “No Discharge Exclusion” (NDE) form which must be certified by a professional engineer.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Draft Georgia Industrial General Permit Released For Public Comment

The Georgia Environmental Protection Division (EPD) has released a draft Industrial General permit (“2011 IGP”) that will replace the previous general permit (”2006 IGP”) which will expire in August 2011. The draft 2011 IGP is based to a large degree on the US EPA Multi-sector General Permit promulgated in 2008 (“2008 MSGP”). Below are some key changes in the proposed Georgia storm water permit

Current permittees covered under the 2006 IGP will be required to submit a new Notice of Intent (NOI) within 30 days after the effective date of the new permit. New dischargers commencing discharge after the effective date of the 2011 IGP must submit an NOI for coverage 7 days prior to commencing discharge. Also, existing facilities which had previously filed for a “No Exposure Exclusion‟ (NEE) must submit a new NEE form no later than 30 days after the effective date of the 2011 IGP. The 2011 IGP requires facilities that claim they have no storm water discharges associated with industrial activity file a “No Discharge Exclusion” (NDE) form which must be certified by a professional engineer

If a facility failed the benchmark sampling required by the 2006 permit, then the facility may not be authorized to discharge storm water under the proposed permit and may be required to apply for an individual NPDES permit or alternative general permit. The facility has the options to conduct 12 months of flow-weighted composite sampling to demonstrate the discharge does not cause or contribute to an exceedance of water quality standards or make the necessary improvements to the facility to achieve the instream water quality standard as an effluent limit within 18 months

The 2011 IGP stormwater benchmarks are a combination of benchmarks from the 2006 IGP and the 2008 MSGP. The 2011 IGP requires all analytical sampling performed during the term of the previous 2006 IGP be summarized and the summary retained until the end of the next permit term. In the 2011 IGP, all monitoring data not prepared in situ is required to be prepared by a laboratory registered or accredited by the State or by a State certified Laboratory Analyst. If there is an exceedance of a benchmark value, under the 2011 IGP the facility is required to make modifications of best management practices (BMPs) and sample each subsequent quarter until the benchmark is met, or must make a determination that no further pollutant reductions are technologically available and economically practicable.

At least once during the term of the 2011 IGP, a dye or smoke test must be conducted to evaluate for the presence of non-storm water discharges into the storm sewer system, where applicable

The impaired stream segment sampling and requirements of the 2011 IGP apply to all dischargers located within one linear mile of an impaired water. In the 2006 IGP, only those facilities discharging to streams with an approved total maximum daily load (TMDL) had requirements associated with an impaired stream segment. In the 2011 IGP, dischargers to all impaired waters identified in the Georgia 305(b)/303(d) list are required to monitor for appropriate parameters, and corrective action is required if the discharge exceeds the benchmark value, pollutant of concern (POC) listed in the TMDL, as appropriate. Compliance alternatives in the 2011 IGP include a) preventing all exposure, b) documenting that the POC is not present at the site, c) showing that the discharge containing the POC is not likely to cause or contribute to an exceedance of water quality standards, or if the ability of a discharge to cause or contribute to an exceedance of water quality standards is unknown, then d) executing BMPs and evaluating their effectiveness.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP atinfo@calthacompany.comorCaltha LLP Website

Storm Resistant Shelter Requirement Under TCEQ Proposed No Exposure Exemption

The Texas Commission on Environmental Quality (TCEQ) is proposing to renew TPDES Multi Sector General Permit (MSGP) One of the key changes under the proposed MGSP will be the requirements to meet the No Exposure Exemption.

Facilities regulated under the MSGP may be excluded from permit requirements if there is no exposure of industrial materials or activities to precipitation or runoff. To qualify for this conditional exclusion from permit requirements, the operator of the facility must certify that industrial activities and materials are isolated from precipitation and runoff by storm resistant shelter (there are certain exceptions to the requirement for a storm resistant shelters). The certification must be submitted to the TCEQ on a No Exposure Certification (NEC) form, or other approved form.

Storm-resistant shelters include buildings or structures that have complete roofs and walls, as well as structures with only a top cover but no side coverings, as long as the materials or activities under the structure are not otherwise subject to any run-on and subsequent runoff of storm water, or mobilization by wind.

Facilities operating under a conditional no-exposure exclusion are subject to inspection by TCEQ to determine compliance with the exclusion. In addition, operators of facilities that qualify for this exclusion and that discharge storm water to a municipal separate storm sewer system (MS4) must provide a copy of their NEC form to the MS4 operator, even if not required by the MS4.

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 atinfo@calthacompany.com or Caltha LLP Website

MPCA MSGP Application Due Dates - Sector Deadlines

All facilities subject to the Minnesota industrial stormwater rules must submit an application for coverage under the new Multi Sector General Permit (MSGP), even if previously covered under the expired MPCA permit. Existing facilities must have prepared and implemented a new SWPPP and be in compliance with the new permit before they apply for permit coverage. New facilities must submit applications at least 180-days before beginning construction or operation.

Note: Facilities that have previously submitted a No Exposure Certification need to reassess their site based on current MPCA certification requirements and reapply for coverage.

Application due dates will be based on the PRIMARY INDUSTRIAL SECTOR CODE the facility falls into:

Sector Group 1
Applications due by June 7

Sector A - Timber Products
Sector C - Chemical and Allied Products Manufacturing
Sector D - Asphalt Paving and Roofing Materials and Lubricant Manufacturing
Sector E - Glass, Clay, Cement, Concrete, and Gypsum Products
Sector F - Primary Metals & Foundries
Sector G - Metal Mining
Sector I - Oil and Gas Extraction and Refining
Sector J - Mineral Mining
Sector L - Landfills, Land Application Sites, and Open Dumps
Sector M - Automobile Salvage Yards
Sector N - Scrap Recycling and Waste Recycling Facilities
Sector Q - Water Transportation
Sector Y - Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
Sector AA - Fabricated Metal Products

Sector Group 2
Applications due by August 6

Sector H - Coal Mining
Sector K - Hazardous Waste Treatment, Storage, or Disposal Facilities
Sector O - Steam Electric Generating Facilities
Sector P - Land Transportation and Warehousing
Sector R - Ship and Boat Building and Repair Yards
Sector S - Air Transportation Facilities
Sector Z - Leather Tanning and Finishing
Sector AC - Electronic and Electrical Equipment and Components


Sector Group 3
Applications due by October 4

Sector B - Paper and Allied Products Manufacturing
Sector T - Treatment Works
Sector U - Food and Kindred Product
Sector V - Textile Mills, Apparel, and Other Fabric Products
Sector W - Furniture and Fixtures
Sector X - Printing and Publishing
Sector AB - Transportation Equipment, Industrial and Commercial Machinery

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 info@calthacompany.com or Caltha LLP Website

Fabricated Metal Products Sector - MPCA Permit Summary

The Minnesota Pollution Control Agency (MPCA) has issued its revised multi-sector industrial stormwater discharge general permit (MSGP). This permit will replace the existing industrial stormwater permit, which expired in October of 2002.

[Read a summary of the overall Minnesota permit, stormwater monitoring, and sector requirements]

All manufacturing, industrial and “industrial-like” sites that require a permit to discharge stormwater will be required to come into compliance with the revised permit, and to submit an application for permit coverage by either June 1, August 1 or October 1, depending on their industrial sector.

Click here to review a list affected industrial sectors and application deadlines for each sector

The revised Minnesota permit details requirements for 29 different industrial sectors. The requirements described below are for the Fabricated Metal Products Sector (Sector AA). Sector AA facilities include fabricated metal products (except machinery and transportation equipment) jewelry, silverware, and plated ware, and fabricated metal coating, engraving and allied services. These requirements are in addition to permit requirements that apply to all sectors.

Review requirements that apply to all sectors

Inspections:
The facility must conduct inspections addressing areas associated with spent solvents, chemical storage areas, and outdoor paint areas.

In addition to routine inspection requirements, the operation must conduct two of the monthly inspections during runoff events. One of the inspections must be performed during a snow melt runoff event. Each inspection must include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.

Good Housekeeping:
The pollution prevention program must implement measures for controlling or recovering scrap metals, fines, and metal dust. The SWPPP must include measures for containing materials within storage handling areas. The SWPPP must describe and implement measures for storage of metal working fluids.

Leaks and Spills:
The spill prevention plan must describe and implement measures to control and clean up spills of solvents and other liquid cleaners, control sand buildup and disbursement from sand-blasting operations, and prevent exposure of recyclable wastes including rinse waters. Each operation must use monitoring equipment or other devices to detect and control leaks and overflows of lubricating oil and hydraulic fluid operations and install perimeter controls, or equivalent measures.

Stormwater Monitoring Benchmarks:
All facilities are required to conduct visual and chemical (benchmark) monitoring. For benchmark monitoring, the benchmark concentrations or values depend on product type:

Fabricated Metal Products, (SIC 3411-3499; 3911-3915)
TSS 100 mg/L
Total Aluminum 1.5 mg/L
Total Iron 1.0 mg/L
Total Zinc 0.234 mg/L

Fabricated Metal Coating and Engraving (SIC 3479):
TSS 100 mg/L
Total Zinc 0.234 mg/L


Note: Benchmarks for zinc and iron were derived based on the Aquatic Life Standards for these parameters in Minnesota Rules.

[Read more about use of Aquatic Life Standards to derive stormwater benchmarks]
[Read more about how benchmarks are used under the revised MPCA industrial permit]
[Read more about what a 100 mg/L benchmark for TSS relates to]


Looking for other sector information?
Click here for a link to all sector requirements

Caltha LLP provides expert consulting services to public and private sector clients across Minnesota to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Stormwater Plan Certification - SWPPP Certifications

Under most State and EPA stormwater permitting rules, a Stormwater Pollution Prevention Plan (SWPPP) may need to be certified. This SWPPP Certification is in addition to other types of certifications that may be required. The types of certifications will vary depending on the State and type of permit; in addition to SWPPP Certification, other types of certifications might include:

• Non-stormwater Discharge Certification,
• No-exposure Monitoring Exemption Certification;
• Heavy Metal No-exposure Certification (in Texas);
• Site Compliance Certifications;
• Endangered Species Certifications;
• Historic Places Certification;
• Others.

SWPPP Certification
In most cases, the SWPPP Certification statement indicates that the SWPPP has been 1) prepared; 2) implemented and that 3) the SWPPP conforms to the requirements of the discharge permit. The SWPPP Certification generally includes a statement that the information documented is correct. The exact wording and scope of the certification statement will vary from State-to-State.

Who must certify the SWPPP?
In some States (for example, Michigan, Indiana, Connecticut and others), the SWPPP needs to be signed by a certified or qualified environmental professional.

In most States, the SWPPP also needs to be signed by a Responsible Company Officer, or his/her duly authorized representative. State or EPA rules will determine who can sign the SWPPP. This SWPPP Certification can be in addition to any certifications needed by a qualified environmental professional.

Caltha LLP provides expert technical support to private and public sector clients in developing stormwater pollution prevention programs to meet regulatory requirements.

[Read more about State-specific SWPPP Templates

[Read more about Stormwater Training - SWPPP Training]

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Managing Wastes and Waste Containers - Dumpsters - Roll-offs

One of the more challenging aspects of compliance with State and Federal stormwater pollution prevention requirements is the management of wastes. This holds true for both facilities that have a stormwater discharge permit, and facilities that have a conditional No Exposure Certification exemption.

Facilities that operate under a No Exposure Certification (NEC) find waste management particularly challenging because they have certified that wastes are not exposed to stormwater and that any wastes stored outdoors are managed in covered, water tight containers. In some States (e.g., Washington, New Jersey and others), all wastes must be stored inside a permanent building to qualify for the NEC exemption. Facilities that utilize roll-off containers find it challenging to either move containers indoors, or to use covered and water tight containers.

NEC facilities also have to address contractor wastes. As construction or renovation projects proceed, contractors need to meet the same requirements for waste storage. [Read more about NEC compliance]

Facilities that manage their stormwater impacts through a stormwater pollution prevention plan also need to address waste generation and storage. These facilities may elect to move wastes indoors or to use covered containers. However, in general, permitted facilities have more options available for waste management. They simply need to develop procedures to minimize the potential impacts of waste storage on their stormwater discharge.

Caltha LLP helps permitted and NEC facilities to develop cost effective waste management procedures to comply with regulatory requirements and to minimize their environmental footprint. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

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
info@calthacompany.com
or
Caltha LLP Website

New Jersey (NJDEP) No Exposure Industrial Stormwater Permit

In June 2007, the New Jersey Department of Environmental Protection (NJDEP) reissued its general permit for stormwater discharges from industrial sites. The reissued permit did not include stormwater monitoring or sector-specific requirements, which are common in many general stormwater permits being reissued recently around the US.

Rather than including many detailed requirements in the general permit, NJDEP has opted to include a significant performance requirement - once the stormwater pollution prevention plan (SPPP) is implemented, there must be no exposure of source materials and/or industrial activity to stormwater. This requirement is in contrast to other States where exposure to stormwater should be “minimized”. New Jersey permittees must be in compliance with the no exposure requirement by the end of 2008.

NJDEP does offer a conditional exemption from obtaining a discharge permit through a No Exposure Certification; however, the requirements for no exposure are more stringent. In this case the requirement is for Permanent No Exposure – all industrial materials are stored and/or all industrial activities are performed (with limited exceptions) inside a permanent building or permanent structure that is anchored to a permanent foundation and is completely roofed and walled.

Contact Caltha LLP or more information on SPPP templates that meet NJDEP permit requirements.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website