Industrial Stormwater Permitting Program Division of Energy, Mineral, and Land Resources
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1 December 10, 2015 Industrial Stormwater Permitting Program Division of Energy, Mineral, and Land Resources Bethany Georgoulias, DEMLR Stormwater Permitting Program WRRI Erosion and Sedimentation Control Planning and Design Workshop December 10, 2015 (McKimmon Center, Raleigh, NC) 2 1
2 Stormwater Permitting Programs What We ll Cover Stormwater Permitting Program Overview NPDES Stormwater Permitting Program (est. 1990) Industrial Activities Municipal Separate Storm Sewer Systems (MS4s) Construction Activities No Exposure Exclusion Program Updates NCG02 Mining Permit Recent Renewal NCG14, NCG24, NCG01 up for renewal in 2016 EPA s e-reporting Rule effective December 2015 Questions 3 Stormwater Program Overview (Federal) NPDES Stormwater Permitting Programs Phase I Phase II State Stormwater Programs 4 2
3 Federal NPDES Stormwater Program Industrial activities in 10 categories Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas or designated Photos courtesy of DWR and DEMLR Construction activities disturbing > 1 acre 5 NPDES Industrial & MS4 Stormwater Permits 6 3
4 NPDES Industrial Stormwater Program 11 regulated sectors, including construction Applicability determined by: Regulated activity, AND Point source of stormwater associated with industrial activity to waters of the state 40 CFR also grants NC DEQ (or EPA) authority to require an NPDES permit for other stormwaters discharge determined to contribute to water quality standard violations or a significant contributor of pollutants to surface waters 20 General Permits (rather than one big Multi-Sector General Permit) Individual Permit issued when a General Permit does not fit Most permits require Stormwater Pollution Prevention Plan (SPPP), qualitative/visual monitoring, and sometimes analytical monitoring Eligible for exclusion from NPDES stormwater permit requirement if materials and operations not exposed to stormwater 7 NPDES MS4 Permits In 1990, cities with medium and large MS4 systems serving populations of > 100,000 required to get NPDES stormwater discharge permit (Phase I) In 2000, Stormwater Phase II Rule expanded coverage to smaller MS4s in census-defined urbanized areas and those that meet State-established designation criteria (large population density, high growth potential, significant pollutant contributor, etc.) Refined how MS4 Stormwater Management Programs are developed and implemented Jurisdictions must implement 6 minimum measures: Public education and outreach Public participation Illicit discharge detection and elimination Construction site runoff control (> 1acre disturbance) Post-construction stormwater runoff control Pollution prevention and good housekeeping Oversight requirements of industrial dischargers into MS4s by the jurisdiction varies between Phase I and Phase II entities 8 4
5 NPDES Construction Stormwater Program 9 Construction Activities When is an NPDES stormwater permit needed? Construction will disturb an acre or more Project needs an E&SC Plan approval by local or state program Is a Notice of Intent (NOI) application for NCG coverage needed? No, automatic coverage upon E&SC approval Permit materials should be provided (also on website) Does an industrial facility need an NCG01 for construction if it already has a different NPDES stormwater permit for the industrial activity? Yes, both industrial and NCG01 permits required That s in addition to E&SC requirements NCG01 covers construction activity discharges only Compliance with E&SC Plan is a condition of NCG
6 Construction Activities 11 No Exposure Exclusion from Industrial Stormwater Permitting 12 6
7 No Exposure Certification Any of other 10 industrial categories may qualify for No Exposure Exclusion (i.e., no NPDES Stormwater Permit required) Operator applies for No Exposure Certification from NC DEQ DEMLR Regional Office conducts inspection to verify, issues NCGNE Facility must self-certify annually that no exposure conditions maintained 13 Active Stormwater Permits Map 14 7
8 Stormwater Permits Map Searching 15 Industrial Stormwater Program Updates 16 8
9 Industrial Stormwater Program Updates 3 General Permits include wastewater + stormwater discharges NCG02 (Mining Activities) renewed effective October 1, 2015 Response to Comments & list of significant changes on our website Most permittees accessed COC on-line; paper packages mailed out Nov-Dec NCG14 (Ready-mixed Concrete) expires June 30, 2016 NCG24 (Composting Operations) expires September 30, 2016 NCG01 (Construction) expires July 31, 2016 EPA e-reporting Rule Becomes effective December 21, 2015 NPDES Stormwater permittees must begin reporting data electronically within one year DEMLR plans to use DWR s edmr system (NPDES Wastewater Program) A lot of work over the next year to implement this for our permittees (add outfalls into database, training, etc.) 17 EPA E-Reporting Rule Rule effective December 21, 2015 Permittees must report DMR data electronically by December 21, 2016 NOIs, NCGNEs, and MS4 Annual Reports by December 21,
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