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.

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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.

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and Spill Plan Partner

Key Changes To New MPCA General Permit

The Minnesota Pollution Control Agency (MPCA) has issued a draft NPDES/SDS permit to control pollution generated from runoff associated with construction activities discharging into waters of the State of Minnesota.The draft permit will replace the current general permit which will expire on August 1, 2018. Some of the key revisions in the draft permit include:

Application and permit coverage effective date

MPCA is proposing to omit the mandatory 7 day waiting period. However, payment confirmation is required before the MPCA can issue permit coverage. The waiting period of “seven (7) calendar days” has been replaced with “upon completing the payment process”. All project proposers must obtain NPDES coverage electronically. The online application assures that all of the questions are completed and requires the user to certify that a SWPPP has been prepared for the project. MPCA is also proposing to omit the mandatory 30 day waiting period. For projects that require a SWPPP review before coverage is issued, the MPCA will grant coverage upon the completion of the application and payment process and after the MPCA has made a determination that the SWPPP meets all of the permit requirements. Stormwater Pollution Prevention Plan content The requirements for SWPPP content have been re-written and re-ordered for clarity.

SWPPP Amendments

In order to prevent contractors from deviating from the SWPPP and selecting inappropriate BMP option with no regard to the specific site conditions, the MPCA has added the following language regarding SWPPP amendments: “All SWPPP changes must be done by one of the individuals described in item 21.4 or item 21.5 or another qualified individual. Changes involving the use of a less stringent BMP must include a justification describing how the replacement BMP is effective for the site characteristics.”

Documentation when the volume control standard cannot be achieved

For those projects where the full volume reduction requirement cannot be met on site, (e.g., the site has infiltration prohibitions), the permittee must document the reasons in the SWPPP.

Documentation of infeasibility

For projects adjacent to surface waters, the current permit requires the preservation of a 50’ buffer unless infeasible. For projects adjacent to special waters or impaired waters, a 100' buffer zone must be preserved. The proposed permit requires permittees to document in the SWPPP why the buffer was not preserved.

Impaired waters and TMDL’s

This section was deleted. MPCA has made a programmatic decision not to include specific implementation activities or BMP’s in TMDL implementation plans for construction activity.

Permanent stormwater management

This section was deleted. The current permit offers permittees an option to follow a municipalities (or other plan approval authority such as a watershed district) stormwater ordinance in lieu of the permit requirements if that municipality is regulated by the state through the Municipal Separate Storm Sewer System (MS4) program. This provision was intended to reduce duplicate regulations as all regulated MS4 communities should have an ordinance in place that is at least as stringent as the state permit. However, MPCA’s determined many of the ordinances have not been written such that the requirements were at least as stringent as the state requirements and prevented the MPCA from taking any action if the permittees plans were approved by the municipality.

Permanent stormwater management

Projects that will result in a net increase in impervious surfaces of one acre or more must include plans for a permanent stormwater treatment system. Permittees are still expected to provide some type of volume reduction treatment if the site is conducive for stormwater infiltration. If the site is not conducive to stormwater infiltration (see item 16.14 through 16.22) other types of systems must be utilized such as a wet sedimentation basin. The permit will still offer flexibility for linear projects or projects where bedrock limits any type of stormwater management.

Infiltration prohibition

The proposed permit would prohibit infiltration systems constructed as part of the project regardless of whether or not the CSW permit requires stormwater management if the site receives runoff from vehicle fueling and maintenance areas. Infiltration requirement The current permit requires “appropriate on-site testing consistent with the recommendations found in the Minnesota Stormwater Manual to verify soil types…”. The manual recommends a certain number of on-site soil tests depending on the size of the system. The proposed permit specifically requires permittees to provide at least one soil boring, test pit or infiltrometer test in the area of each infiltration system for determining infiltration rates. The proposed permit allows field tested rates to be used with a safety factor of 2 or permittees may use the infiltration rate chart found in the Minnesota Stormwater Manual to determine design infiltration rates based on soil type.

Infiltration prohibition

The current permit prohibits constructing infiltration systems in areas with contaminated soil or groundwater. The current language states that infiltration is prohibited in: “areas where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater.” The proposed permit includes additional language describing the steps permittees are expected to take to demonstrate compliance with this requirement. The proposed language is as follows: "Permittees are prohibited from constructing infiltration systems where high levels of contaminants in soil or groundwater may be mobilized by the infiltrating stormwater. Permittees must either complete the MPCA's site screening assessment checklist or conduct their own assessment to determine the suitability for infiltration. The assessment must be retained with the SWPPP. For more information and to access the MPCA's screening assessment tool see the Minnesota Stormwater Manual”.

Infiltration prohibitions for Drinking Water Supply Management Areas (DWSMA)

The current permit prohibits infiltration anywhere within a DWSMA. The proposed permit limits the prohibition to "within an Emergency Response Area (ERA) as defined by the Department of Health" and "areas within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, classified as having high or very high vulnerability, unless a regulated MS4 Permittee has performed a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater."

Filtration systems

The following requirement has been added to the filtration system item: "The filter media must not be installed until the contributing drainage area has been constructed and fully stabilized unless rigorous erosion prevention and sediment controls (e.g., diversion berms) are provided to keep sediment and runoff completely away from the filtration area."

Wet sedimentation basin requirement

A new requirement was added to the proposed permit requiring an impermeable liner to be included in the design of a basin located in active karst terrain.

Ditch stabilization methods

The current permit specifically states that some less effective stabilization methods such as mulch cannot be used in ditches or swales for stabilization and permittees must rely on more robust practices such as erosion control blankets. The proposed permit allows permittees more flexibility for the type of stabilization chosen for a ditch bottom if the slope is less than 2%. Additionally, as with all BMP requirements in the permit, If the selected BMP is found to be inadequate at minimizing erosion from ditches or swales, another more effective BMP must be utilized.

Sediment controls near stockpiles

The proposed permit specifically states that perimeter controls are required near the base of stockpiles. This change in language better clarifies that stockpile perimeter controls are required in addition to the perimeter sediment controls required in item 9.2. This does not represent a change in MPCA policy regarding stockpile management.

50 foot buffer

The current permit requires redundant sediment controls around surface waters if a 50 foot natural buffer cannot be maintained. The proposed permit requires that the sediment control practices must be spaced at least 5 feet apart. The MPCA believes that proper spacing for sediment storage between the practices is necessary in order to function properly. Language was also included to relieve permittees of the spacing requirement if there are site constraints.

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Revised Georgia EPD Construction Permits

Georgia EPD has reissued general permits for stormwater discharge from construction sites. As background, NPDES General Permit No. GAR100000 for storm water discharges associated with construction activity was issued in 2000 and regulated construction activities that disturbed five (5) or more acres. In 2003, the permit was reissued as three general permits that regulate construction activities that disturb one (1) or more acres: NPDES Permit No. GAR100001 - regulates stand-alone construction sites, NPDES Permit No. GAR100002 - regulates infrastructure construction sites, and NPDES Permit No. GAR100003 - regulates common development construction sites.

 
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Summary of Changes to Permit

• The term “projects” has been changed to “sites” for consistency with the permit definitions.
• The draft permits contain changes as a result of EPD’s implementation of the NPDES Electronic Reporting Rule. Beginning on the effective date of the permit, All Notices of Intent (NOI), Modifications and Notices of Terminations (NOT) must be submitted through EPD’s electronic submittal portal. EPD is preparing an electronic method for submitting sampling reports. ES&PC Plans required to be submitted to the EPD District Offices must now be submitted electronically through EPD’s electronic submittal portal or as a PDF on CD-ROM or other storage device.
• All references to anionic polyacrylamide (PAM) have been replaced by “flocculants or coagulants”, and “matting or blankets” has been replaced with “slope stabilization” to be consistent with the most recent Manual for Erosion and Sediment Control.
• BMP options which were no longer “over and beyond” have been removed from the options to address impaired waters.
• The permit now requires a large sign (minimum 4 feet x 8 feet) must be posted on site by the actual start date of construction. The sign must be visible from a public roadway. The sign must identify : (1) the construction site, (2) the permittee(s), (3) the contact person(s) along with their telephone number(s), and (4) the permittee-hosted website where the ES&PC Plan can be viewed. The sign must remain on site and the ES&PC Plan must be available on the provided website until a NOT has been submitted.
• EPD has added a BMP option to address impaired waters, to conduct inspections during the intermediate grading and drainage BMP phase and during the final BMP phase of the project by a certified Level II design professional to improve overall site management quality control, and to install Post Construction BMPs which remove 80% TSS
• EPD has clarified that Whenever a permittee finds that a BMP has failed or is deficient (beyond routine maintenance) and has resulted in sediment deposition into waters of the State, the permittee shall submit a summary of the violations to EPD correct such BMP as follows: 
• When the repair does not require a new or replacement BMP or significant repair, the BMP failure or deficiency must be repaired by the close of the next business day from the time of discovery; 
• When the repair requires a new or replacement BMP or significant repair, the installation of the new or modified BMP must be completed and the BMP must be operational by no later than seven (7) days from the time of discovery. If it is infeasible to complete the installation or repair within seven (7) days, the permittee must document why it is infeasible to complete the installation or repair within the seven (7) day timeframe and document the schedule for installing or repairing the BMPs and making the BMPs operational as soon as feasible after the seven (7) day timeframe.

Summary of Changes to Erosion, Sedimentation and Pollution Control Plans

Revisions to the requirements for Erosion, Sedimentation and Pollution Control Plans include:

• For building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site, provide cover (e.g. plastic sheeting, temporary roofs) to minimize the exposure of these products to precipitation and to stormwater, or a similarly effective means designed to minimize the discharge of pollutants from these areas. Minimization of exposure is not required in cases where exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk to stormwater contamination (such as final products and materials intended for outdoor use).
• The permit requires permittees to measure and record rainfall within disturbed areas of the site that have not met final stabilization once every 24 hours except any non-working Saturday, non-working Sunday and non-working Federal holiday.

Construction Activities Not Requiring Permit Coverage

EDP has also clarified that permit coverage is not required for discharge of storm water associated with infrastructure road construction sites that consist solely of the installation of cable barriers and guard rail for an existing facility within the existing rights-of-way. The construction activity shall, as a minimum, implement and maintain best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those in the “Manual for Erosion and Sediment Control in Georgia”. In order to be eligible for this exemption the project must comply with the following conditions: (1) no mass grading shall occur on the project, (2) the project shall be stabilized by the end of each day with temporary or permanent stabilization measures, (3) final stabilization must be implemented at the end of the project.

 Permit coverage is also not required for discharge of storm water associated with infrastructure construction sites that consist of the installation of buried utility lines and comply with the following conditions: (1) solely installed via vibratory plow, (2) the conduit does not exceed 4 inches in diameter, and (3) occurs within an existing stabilized right-of-way. The construction activity shall, as a minimum, implement and maintain best management practices, and the following conditions: (1) no mass grading shall occur on the project, (2) no tree clearing, (3) no change in grade, (4) the project shall be stabilized by the end of each day with temporary or permanent stabilization measures, and (5) final stabilization must be implemented at the end of the project.

    

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

Revised New York Industrial Permit Changes Compliance Requirements

New York State Department of Environmental Conservation  has finalized the SPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activity (MSGP), GP-17-004. The final MSGP was effective on March 1, 2018 and will expire on February 28, 2023. The final MSGP includes both technology and water quality based requirements:

1. A technology based requirement is a minimum level of treatment for industrial point sources based on currently available treatment technologies and/or Best Management Practices (BMPs).
2. Water quality based requirements apply if after application of technology based requirements there remains a reasonable potential for contravention of water quality standards at the receiving water.

 
 Non-Stormwater Discharge At Industrial Facility  

 Some of the key changes in the revised permit include:

• Non-numeric Effluent Limits. The final MSGP contains updated non-numeric effluent limits to align with EPA’s final 2015 MSGP. The updated non-numeric effluent limits include requirements for minimizing exposure, good housekeeping, maintenance, spill prevention and response procedures, and employee training. The associated SWPPP documentation requirements have also been updated to reflect the changes in the permit and will document owner or operator compliance with the nonnumeric effluent limits. 
• Changes to Sector S (Air Transportation) The final MSGP includes the Airport Deicing Effluent Guidelines promulgated by EPA in 2012 (40 CFR Part 449) and EPA’s final 2015 MSGP for this sector. These updated conditions in the final MSGP include numeric effluent limits and monitoring, reporting and recordkeeping requirements outlined in 40 CFR 449.20. 
• Semi-Annual Monitoring and Discharge Monitoring Reports (DMRs) The final MSGP increases the frequency for Benchmark and Numeric Effluent Limit monitoring and reporting from once per year to twice per year. With these changes, a separate submission of a Corrective Action Form will no longer be necessary to report results of follow-up benchmark monitoring as the semi-annual DMR data will allow the Department to track the effectiveness of any corrective actions. If there is an exceedance reported on a semi-annual DMR, the subsequent semi-annual DMR will show if the pollutant of concern has been abated to levels that are below the specified permit numeric effluent limits or benchmarks. In addition, the final MSGP requires that the Annual Certification Report (ACR) be submitted by January 28 of each year. The ACR includes a description of the exceedance, corrective measures and long-term preventative actions taken. 
• Electronic reporting The final MSGP requires electronic reporting of DMRs through EPA's electronic reporting system, NetDMR. This change is required by EPA’s E-reporting rule (Federal Register, Vol. 80, No. 204 (October 22, 2015)). The final MSGP allows the use of electronic filing of the Notice of Intent (NOI) and the Annual Certification Report (ACR). Paper submission of these reports (other than DMRs) will continue to be an option until December 21, 2020 when that portion of EPA’s E-reporting rule becomes effective in the final MSGP. 
• Removal of Sectors AD and AE from the Permit The final MSGP removes Sectors AD and AE. These sectors were included in GP-0- 12-001 and reserved for industrial facilities whose activities were not specifically listed in 40 CFR 122.26 but where the Department determined it appropriate for permit coverage due to site-specific circumstances. Removal of Sectors AD and AE from the final MSGP will require those facilities designated by the Department as needing permit coverage to obtain an individual permit, where appropriate. 
• New BMP Considerations in Specific Sectors: 
• No Exposure of Copper The final MSGP adds a non-numeric effluent limit for no exposure of copper in Sectors A, F, G, N, and AC. The owner or operator of a facility subject to any of these sectors that discharges to a copper impaired waterbody shall implement BMPs to prevent the exposure of copper sources and copper containing materials or processes to stormwater. These materials need to be protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. 
• Mercury Spill Kits The final MSGP includes BMPs to stock and use mercury spill kits for Sector M - Automobile Salvage Yards and Sector N - Scrap Recycling and Waste Recycling Facilities. This addition is necessary for this sector where there is a mercury effluent limit in light of the Department’s updated policy on mercury (TOGS 1.3.10, revised October 2015). 
• Good Housekeeping in Sector O The final MSGP adds Good housekeeping measures for Chemical Loading and Unloading Areas in Sector O to more closely align with EPA’s 2015 MSGP. 
• Monitoring Waivers: 
• Representative Outfall Waiver The final MSGP clarifies the corrective action process to align with the new semiannual monitoring requirements and ensure inclusion of representative outfalls. When corrective actions are triggered due to monitoring exceedances at an outfall, the representative outfall waiver is suspended at all outfalls that were covered by the waiver. These outfalls must then be monitored for all parameters. In order for the Representative Outfall Waiver to again apply, the owner/operator must submit a new Representative Outfall Waiver Form certifying that the results of two consecutive monitoring periods show that the outfall has no exceedances of benchmark monitoring cutoff concentrations. 
• Alternative Certification of “Not Present” or “No exposure” waiver The Alternative Certification of “Not Present” or “No exposure” waiver for Benchmark monitoring on an outfall-by-outfall or pollutant-by-pollutant basis has been eliminated from the permit. 
• Timing of Monitoring The final MSGP specifies that if a facility’s permit coverage is effective less than two months from the end of a monitoring period, monitoring begins with the next monitoring period. This has been increased from “less than one month” from the end of a monitoring period. 
• Definition of "Qualified Person" The definition for qualified person has been added to clarify the qualifications for inspectors. A qualified person may be either a facility employee or hired consultant who is familiar with the day-to-day operations associated with their assigned responsibilities at the facility. The qualified person possesses the knowledge and skills to assess conditions, operations and activities at the facility that could impact stormwater quality and can evaluate the effectiveness of control measures being implemented as part of the requirements of the permit. The owner/operator may designate more than one individual as the qualified person. Additionally, if erosion and sediment controls are to be inspected the qualified inspector must be trained in Department-endorsed Erosion and Sediment control training.   

 

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Deadline To Reapply For Texas General Permit Coverage Is June 3

The Texas Commission on Environmental Quality has renewed 2018 Construction General Permit (CGP) TXR150000 (2018 CGP) which became effective March 5, 2018. Project sites that would like continue their current authorization under the prior permit must reapply during the 90 day grace period which ends June 3, 2018.

 
SWPPP and SWPPP Training For
Residential Site Construction  


 Some of the important changes in the revised permit included:

• Added the 2014 and 2015 amendments to the federal effluent limitation guidelines (ELGs) (40 CFR Part 450 - Construction and Development Point Source Category)
• Added definition of “infeasible.” (Not technologically possible or economically achievable in light of best industry practices.)
• Added requirement to minimize pollutants in discharges.
• Added requirement to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points.
• Replaced the term “surface waters” with “Waters of the U.S.” (Water in the state was placed in the permit, rather than Waters of the U.S.)
• Added requirement to maximize stormwater infiltration to reduce pollutant discharges, unless infeasible.
• Added requirement which states that minimizing soil compaction not required where the intended function of a specific area dictates that it is compacted.
• Added requirement which states that a permittee must preserve topsoil, unless infeasible. The requirement also states that preserving topsoil is not required where the intended function of a specific area of a site dictates that the topsoil will be disturbed or removed.
• Added requirement which states that stabilization (in arid, semi-arid, and drought-stricken areas) must be completed within a period of time as specified by the permitting authority. The requirement also states that in limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed.
• Revised the benchmark monitoring level for Total Suspended Solids (TSS) in the permit from 100 milligrams per Liter (mg/L) to 50 mg/L in discharges of stormwater from concrete batch-mixing plants covered under the permit. This change is consistent with the benchmark monitoring level for TSS that is required for concrete manufacturers and ready-mix concrete plants in the 2016 Multi-Sector General Permit (MSGP) TXR050000.
• Revised the definition of Construction Activity in Part I, Section B of the permit to more clearly capture “other construction-related activities” (i.e., soil disturbance that can occur from stockpiling of fill material and demolition), construction support activity, and any soil disturbance activities which have occurred in conjunction with construction-related activity and construction support activity.
• Clarified requirements for operators of small construction activities with low potential for erosion.
• Revised the language for inspections of construction sites that are consistent with the 2017 EPA CGP and requirements for inspection reports and completion of reports within 24-hours following the inspection.

Caltha LLP | Your Stormwater Permit, 

SWPPP and Spill Plan Partner

Are Stormwater Benchmarks The Same As Permit Limits?

Benchmark values differ from permit limits. In a typical wastewater NPDES permit, limits may be specified for chemical parameters; if any of the limits are exceeded, it becomes a violation of the permit and may be subject to enforcement action. Benchmark values, in the context of stormwater NPDES permits, are intended to provide a measurement of the effectiveness of the stormwater pollution prevention plan (SWPPP). Exceeding a benchmark does not directly result in a permit violation.

 
Industrial Waste Discharge To Storm Sewer 

However, permits typically require facilities to reevaluate their SWPPP and to take prompt corrective action after a benchmark value is exceeded. Failure to take prompt corrective action if a benchmark value is exceeded can be a permit violation and subject to enforcement action. Multiple exceedances of a benchmark could result in a State requiring that the facility apply for an individual stormwater discharge permit. In this case, legally enforceable stormwater discharge limits may be written into the permit.

 

Caltha LLP | Your Stormwater Permit, SWPPP 

and Spill Plan Partner

California Revision To Current IGP Proposed To Address TMDL and Monitoring

The California State Water Board has proposed amends to the Industrial General Permit (IGP) current in effect. Comments on the proposed amendments are due by January 31, 2018. The State Water Board is proposing the Amendment to the Statewide Storm Water Industrial General Permit (General Permit) to address the following items:

• Implement TMDLs included in General Permit,
• Update the monitoring requirements and
• Add statewide compliance options to incentivize storm water capture and regional collaboration.

The current IGP includes a reopener to incorporate Total Maximum Daily Load (TMDL) requirements through a future permit amendment (Section XX.A). The proposed General Permit Amendment incorporates requirements for implementing existing TMDLs adopted by the San Francisco Bay, Santa Ana, Los Angeles, and San Diego Regional Water Quality Control Boards identifying industrial storm water as a source of the receiving water Impairment.


The proposed General Permit Amendment includes statewide compliance options to allow compliance with water quality objectives through onsite and regional storm water capture best management practices in place of typical compliance with numeric action levels and numeric effluent limitations.


In 2014, US EPA finalized the new Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Rule for discharges regulated by NPDES permits. The new Rule became effective on September 18, 2014. The EPA Rule requires NPDES permitees to use “sufficiently sensitive” analytical test methods for the analyses of regulated pollutants or pollutants parameters. The proposed General Permit Amendment includes revised monitoring and reporting requirements for industrial storm water sampling consistent with the new Rule.


Click here to review other regulatory updates for California.

New NOI Required To Continue Coverage Under Revised Illinois Permit

The Illinois EPA issued its revised NPDES General Permit for industrial stormwater discharge in March 2017 and the permit was effective on April 5, 2015. Facilities that had been covered under the prior permit was wished to continue coverage under the new permit have to submit a new application.


Applications (Notice of Intent) for permit coverage were due with in 150 days after the new permit was effective. All permitted facilities need to submit a NOI before September 5, 2017.


Click here to review example Caltha projects related to stormwater permitting and stormwater pollution prevention, including SWPPP projects in Illinois.

New York No Longer Accepting NOI For General Permit Coverage

The New York State Department of Environmental Conservation (NYSDEC) published revisions to the SPDES Multi-Sector General Permit for Stormwater Discharges from Industry Activity (MSGP) (GP-0-17-004), which will replace the current one (GP-0-12-001) which expired on October 1, 2017.The new permit regulates stormwater discharges from industrial activities and was scheduled to become effective on October 1, 2017 with a five year permit term.


The revised permit has not been finalized and the expired permit remains in place. The Department will not be accepting applications for continued coverage until the revised permit and the new NOI are posted on agency website. The NOI for GP-12-001 has been removed and is no longer available to gain coverage under the MSGP.


Once GP-0-17-004 takes effect, there will be an interim period of 90 days. During this time, an owner or operator needs to update the facility’s Stormwater Pollution Prevention Plan (SWPPP) to comply with the requirements of the new permit before submitting a Notice of Intent (NOI) to obtain permit coverage. Some key changes in the new permit are expected to include:

• Non-numeric effluent limits were updated to include requirements for minimizing exposure, good housekeeping, maintenance, spill prevention and response productions, and employee training.
• Semi-annual monitoring and discharge monitoring reports will be required for Benchmark and Numeric Effluent Limit monitoring. With this change, the Corrective Action forms and the Non-Compliance event forms will no longer be needed.
• Discharge Monitoring Reports must be submitted electronically through EPA’s electronic reporting system, NetDMR.
• The owner or operator must wait three days in a row without precipitation before they may complete the Comprehensive Site Compliance Inspection. This allows for dry weather flow monitoring to be performed so that non-stormwater discharges can be detected and addressed as necessary.

Click here to review example Caltha projects related to stormwater permitting and stormwater pollution prevention, including SWPPP projects in New York.

New Kansas Industrial Discharge Permit

The Kansas General Permit for Stormwater Runoff Associated with Industrial Activities became effective on November 1, 2016. The reissued permit and forms contain new and additional requirements.


Owners or operators of new or existing unpermitted facilities subject to regulation of stormwater runoff must complete the new Notice of Intent (NOI) form to apply for and obtain coverage under the industrial stormwater general permit S-ISWA-1611-1.
Facilities that currently have industrial stormwater discharge coverage under the previous Kansas General Permit do not need to submit a new NOI, but need to comply with the requirements of the new general permit. Existing permitted facilities that wish to decline coverage under the new permit must submit an application for coverage under an individual permit by February 1, 2017 and must continue to comply with the conditions of the previous general permit until the individual permit is issued.


The principal requirement of the Kansas General Permit for Stormwater Runoff from Industrial Activity has remained the same - for the owner to develop, implement and maintain a Stormwater Pollution Prevention Plan (SWPPP). Caltha LLP has prepared a SWPPP Template to align with the 2016 Kansas permit requirements.


For more information go to Caltha Stormwater Services

SWPPP and Permit Compliance Training For Revised WDNR Tier 2 Permit

Caltha LLP Project Summary

Project: SWPPP and Permit Compliance Documentation To Meet Tier 2 Permit
Client: Concrete manufacturer
Location(s): Wisconsin

Key Elements: Facility SWPPP, stormwater inspection, visual stormwater monitoring

Overview: Caltha LLP was retained by this regional concrete manufacturer to conduct compliance reviews and prepare updated SWPPPs for two of its facilities located in Wisconsin. Both sites were covered under the WDNR Tier 2 General Permit for discharge of industrial stormwater. Caltha staff conducted a site visit and met with plant personnel to determine what updates were required to the existing facility SWPPP to meet the newly revised WDNR permit. A revised SWPPP was issued to each location which included updates to quarterly monitoring procedures, spill prevention measures, routine employee training and monthly housekeeping inspections.


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

2017 Georgia General Pemit | What If I Exceeded Benchmarks Under Current Permit?

The current Georgia industrial stormwater general discharge permit expires on May 30, 2017. The revised NPDES General Storm Water Permit For Discharges of Stormwater Associated With Industrial Activity (2017 IGP) was finalized in 2016 and becomes effective on June 1, 2017. The revised permit made some modifications to requirements permitted facilities must meet, but not as substantial of changes as compared to the release of the 2012 IGP.

If a facility exceeded the impaired waters benchmark based on the criteria presented in 2012 IGP permit, then the facility has the option 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 36 months. If the facility still is unable to meet the impaired waters benchmark(s), they may not be authorized to discharge stormwater under this permit and may be required to apply for an individual NPDES permit or alternative general permit. Facilities that failed to meet the applicable benchmarks of the 2012 IGP permit have the option to sample their discharge(s) for 12 months to confirm whether the facility causes or contributes to an exceedance of the applicable Water Quality Standard, or prevent all exposure of industrial processes, materials, and equipment to stormwater, and/or capture and treat storm events of up to 1.2 inches within industrial areas exposed to stormwater within 36 months.

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

Georgia 2017 IGP | What If My Facility Is Already Covered Under the Existing Permit?

The current Georgia industrial stormwater general discharge permit expires on May 30, 2017. A revised permit NPDES General Storm Water Permit For Discharges of Stormwater Associated With Industrial Activity (2017 IGP) was finalized in 2016 and becomes effective on June 1, 2017. The revised permit made some modifications to requirements permitted facilities must meet, but not as substantial of changes compared to the release of the 2012 IGP.


Current permittees are required to submit a new Notice of Intent (NOI) to obtain coverage under the 2017 IGP and to maintain coverage for discharging stormwater associated with industrial activities. Facilities previously covered under the 2012 IGP will have up to 30 days to submit the new NOI for coverage under the updated 2017 IGP after the effective date.

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

Compliance With State Multi-sector Industrial General Permit | Seminar Module

The link below provides training slides from a training module on basic compliance strategies to address general permit requirements. The emphasis of the training module is to provide photograph examples of key areas which should be concerned in developing a site-specific SWPPP.

Presentation Slides: Complying with State Industrial Storm Water Requirements

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

Oklahoma General Industrial Permit Expected To Be Finalized By January 2017

The current Oklahoma Industrial Multi-Sector General Permit (MSGP) OKR05 expired on September 4, 2016. In accordance with Part 8.2 of the OKR05 permit, if the permit is not reissued or replaced prior to the expiration date, it will be administratively continued and remain in force and effect.


A draft Industrial MSGP OKR05 is currently going through the DEQ internal review process. Once the internal review is complete, the draft permit will be sent to EPA for review and approval. DEQ will publish a public notice and make it available for public review and comment after receiving approval from EPA. Once the public notice period is over, DEQ will issue the permit with an effective date. Completing the permitting process will likely occur between November 2016 and January 2017.


All existing permittees under the current Industrial MSGP OKR05 will have 90 days from the effective date of the new permit to update their Stormwater Pollution Prevention Plans (SWP3) and submit new NOIs to DEQ along with required permit fees for permit renewal. Industries/facilities with No Exposure Certifications will follow the same timeline.


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

Revised South Carolina General Industrial Permit Makes Several Key Changes Compare To 2010 Permit

The South Carolina Department of Health & Environmental Control has issued as final the Industrial Stormwater General Permit (SCR000000) on September 1, 2016, and became effective on October 1, 2016. Some of the key changes compared to the South Carolina Permit issued in 2010 are summarized here.


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

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

Oregon Combines Industrial Stormwater Permits Into One Statewide General Permit

The Oregon DEQ is midway through the process to renew and reissue the NPDES 1200-COLS and NPDES 1200-Z industrial stormwater general permits. The DEQ has maintained different permits covering different geographical areas. The NPDES 1200-COLS permit expired Sept. 30, 2016 and the NPDES 1200-Z expires June 30, 2017. DEQ intends to combine the 1200-COLS and 1200-Z permits into a single industrial stormwater permit. DEQ believes this will reduce the number of general permits requiring renewal, improve the agency’s efficiency in issuing permits, and improve consistency for permit registrants.


DEQ intends to reissue the 1200-Z (with basin-specific conditions for the 1200–COLS) on or before June 1, 2017, with an effective date of July 1, 2017. However, current 1200-COLS permit registrants were required to submit a renewal form by August 1, 2016, and current 1200-Z permit registrants must submit a renewal form by January 3, 2017. For existing registrants that submit a renewal form, coverage under their permit will be administratively extended until they receive coverage under the new permit.


Because the 1200-COLS expired before the combined permit will be available, DEQ issued the 1200-COLSB “bridge permit” for the period between when the 1200-COLS expires and a new combined permit is issued. The reissued 1200-COLSB permit is identical to the expired permit, and became effective on Oct. 1, 2016. This permit will expire on July 1, 2017, when the new combined permit takes effect.


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

Revised Texas Industrial Permit 2016

The Texas Commission on Environmental Quality (TCEQ) has proposed to revise the current TPDES Multi Sector General Permit (MSGP) TXR050000, issued August 14, 2011 and expires on August 14, 2016. This permit authorizes the discharge of stormwater associated with industrial activity. The revised draft MSGP specifies which facilities must obtain permit coverage, which are eligible for exclusion from permit requirements, which may be automatically authorized, and which may be required to obtain individual permit coverage.



Click here for a Summary of Proposed Changes To the Current Texas Permit


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