INDUSTRIAL STORMWATER WEB RESOURCES
WHAT IS STORMWATER?
Stormwater runoff is water that runs off the land after it rains (or when snow melts in the mountains). Some of this water sinks into the ground, but much of it flows untreated across landscaping, sidewalks, curbs, streets, parking lots, and from roofs through the storm drain system, directly to retention/infiltration basins, city parks, community lakes, canals, washes, and rivers.
Polluted storm water can easily reach rivers and lakes through conveyances like municipal storm drains. Failing to address known issues with pollution controls may result in severe penalties. The Arizona Department of Environmental Quality (ADEQ) administers the state’s environmental laws and federal programs to prevent air, water and land pollution and ensure cleanup.
Industrial stormwater permitting is an important part of the federal Clean Water Act and the State Surface Water Protection Program law to ensure surface water quality. Certain industrial activities are required to obtain permit coverage in order to discharge stormwater to protected surface waters.
A number of resources have been made available to anyone wishing to meet their environmental responsibilities and avoid unnecessary fines.
The MyDEQ e-Permitting Portal, which will allow a Responsible Corporate Officer (RCO) to apply for an account, submit permits and compliance reporting, and pay your ADEQ bill.
WHAT IS A DISCHARGE OF STORMWATER?
At its simplest, stormwater is rainwater that has contacted something on a property and then run off the property. Not all properties discharge stormwater. Some properties retain 100% of all stormwater in retention basins. Other properties may allow stormwater to leave their site, but the water stops in a retention basin or a field elsewhere. Stormwater discharges only become regulated when they make it to a Water of the United States (WOTUS). It is important to keep in mind that most municipal storm drain systems are connected to a WOTUS. As such, most discharges to a municipal storm drain are also considered a discharge to a WOTUS.
Even sites with retention have the possibility to discharge if the retention is over topped. While a site that has not discharged may choose to skip permit coverage, the moment they discharge any regulated stormwater to a WOTUS, the operator and/or owner of the site may be subject to penalties for a discharge without a permit. There are no exemptions for “Acts of God” included in the Clean Water Act.
WHO NEEDS A STORMWATER PERMIT?
Only sites that discharge to a Water of the United States (WOTUS) would need permit coverage, but not all sites. Construction sites over an acre, facilities which perform certain types of industrial activities, and sites which otherwise have knowledge stormwater is contaminated will likely require permit coverage for discharges. Most other sites are free to discharge uncontaminated stormwater without permit coverage. That said, local regulations may still require business owners to follow good practices and limit exposure of potential pollutants to stormwater.
What Type of Permit Do I Need?
The two main categories for stormwater permits are the Construction General Permit (CGP) for construction sites over an acre, and the Industrial Stormwater Multi-Sector General Permit (MSGP) for certain types of Industrial and Commercial sites. Other types of permits such as the De Minimis, Concentrated Animal Feed Operations, and Individual permits also exist but are unlikely to apply to this audience.
Most businesses will be evaluating if they need coverage under the MSGP. Only certain types of industrial sites need coverage for stormwater discharges. This is determined by the Standard Industrial Category (SIC) Code for the business activities that are taking place at the facility. The Environmental Protection Agency (EPA) has produced a list of SIC codes which must have permit coverage to discharge stormwater. All other SIC codes do not need coverage under the MSGP. For businesses in Arizona this list can be found in Appendix C of the Arizona Version of the MSGP.
What If My Business Has Multiple Industrial Activities?
Many businesses will perform multiple types of industrial activities. In most cases only the “Primary” activity is considered when determining if a site needs permit coverage.
The primary activity will be either the activity which generates the most revenue or the activity which employs the most people at the facility. There are times when a secondary industrial activity with high risk or large exposure may necessitate permit coverage. If in doubt about this, speak with an environmental professional.
How to Determine What SIC Codes Apply to a Facility?
While some businesses are aware of the SIC codes which apply to their facility, it is not uncommon for site managers and even business owners to be unaware of the SIC codes for their business activities. Sometimes accounting staff or insurance providers have this information more readily available than operations managers.
Even if no one at the site is aware of what the correct SIC codes are, there are ways you can figure this out. First, check to see if a “North American Industrial Category System” (NAICS) code has been identified. This is like an SIC code, but newer and more commonly used in other areas of business. If the NAICS code is known, you can use the table in Appendix N of the National MSGP to find the related SIC code. Only regulated categories are listed on this document. The NAICS association also hosts a crosswalk which helps identify related SIC – NAICS codes.
If neither code is known, the Department of Labor hosts a formal listing of SIC codes and their descriptions. Start by writing down a description of business activities in your own words. Next, use the search feature on the OSHA SIC website. Entering key words related to the business activities may lead to the correct SIC code. However, the OSHA descriptions may differ from the language an individual business uses. It is recommended to also check the appropriate categories based on the Manual SIC List.
After narrowing the options, read the descriptions for each code related to your business. Oftentimes these descriptions will include important distinctions between the activities denoted by a particular code and related activities. Choose the SIC code which best describes your business activities.
Finally, once a primary SIC code has been determined, check the list in the Arizona MSGP to see if the site will require permit coverage for discharges to a WOTUS. If the code for the business is on the list, a permit will be required.
In summary:
List what Industrial Activities are performed at the facility.
Determine which activity(ies) are the primary activities at the facility.
Use the OSHA and EPA tools listed above to help determine your SIC code.
Check to see if the primary SIC code(s) are listed in the MSGP Permit Appendix C.
Note (Exceptions): In rare cases there are exceptions for business in an otherwise regulated sector. The Code of Federal Regulations (CFR) 40CFR122.26(b)(14) is more explicit than the SIC list found on the MSGP permit. Some sectors, such as Sector P “Transpiration Facilities” define the regulated activities not by SIC code, but by a narrative description. This leaves the possibility a site may be categorized as an SIC code found on the permit, but not have the specific activities listed in CFR. Please contact an environmental professional before utilizing any nuanced exception as there are many legal and regulatory considerations which may impact the ability to operate with these exceptions.
OPTIONS OTHER THAN TRADITIONAL PERMIT COVERAGE
No Exposure Certification (NEC)
An NEC is an alternative type of permit coverage. Sites may be eligible for an NEC if ALL regulated activities take place inside a fully enclosed building, under a permanent storm-resistant structure that prevents contact with rainwater, or in an area of the site which does not discharge.
Holders of an NEC must still pay registration fees and may be subject to inspection, but most other MSGP permit conditions are exempted.
No Discharge Certification (NDC)
Sites which do not discharge to a Water of the United States (WOTUS) may not be required to get permit coverage. For sites which do not discharge, ADEQ offers an optional self-certification process. This gives sites a document which can be shared with other regulators such as county or cities which may have interest in the permit status of a site.
DO NOT submit for a NDC unless you are confident your site does not discharge!
Many municipal streets convey to a Water of the United States (WOTUS). For streets which convey to a WOTUS, a discharge to the street is the same as a discharge to a WOTUS. Trackout of soils and sediments to a street can also be considered a discharge. There are also no protections for “Acts of God” in the Clean Water Act. It doesn’t matter how much retention has been constructed; if it over tops, it is a discharge. A NDC is not permit coverage - if a site with an NDC discharges, it may be held liable for a discharge without a permit.
ADDITIONAL RESOURCES
The EPA has developed a fact sheet for each of the 29 industrial sectors regulated by the MSGP. Each fact sheet describes the types of facilities included in the sector, typical pollutants associated with the sector, and types of stormwater control measures used to minimize the discharge of the pollutants.
To obtain a NDC or NEC, set up a MyDEQ account and select the MSGP/NEC/NDC option. This path will filter options based on a series of questions and answers. If eligible, you will be given the option to obtain a NDC or NEC.
If you have determined that your business requires the MSGP, your next step will be to implement control measures and develop a site-specific Stormwater Pollution Prevention Plan (SWPPP) to comply with AZPDES requirements.
Now you can use your MyDEQ account to submit a Notice of Intent (NOI) to obtain MSGP coverage.
For more information, start by reading one of these introductory MSGP factsheets:
Learn more by reading the Complete MSGP Fact Sheet.
Report templates and forms are available from ADEQ to help permittees stay in compliance with the 2019 MSGP.
