Don’t Expose Yourself! Can you be excluded from stormwater

permitting?

Bill Lindsey, P.E.

•General Permits

•No SWPPP

•No Quarterly Sampling

• Fees - $300 for 5 years = $60 per year

Old Stormwater Permits = Fun!

• SWPPP & Monthly Inspections

• Quarterly Sampling - # of Outfalls?

• Benchmarks/Limits

• BMP’s – Tweaking/Repairing

• Fees = $200 year

• Losing Stream = Individual Permit! (old fees - $1,350 Yr, new - $1,800)

New SW Permits = Not Fun!

• EPA Conditional No Exposure Exclusion for Industrial Activity – January 2000

• Who can qualify?

• Conditions?

• Definitions and Details?

• Industrial Materials

• No Exposure/Cover

Can you be excluded for a stormwater permit?

• EPA Guidance – All industrial categories

• Excluded:

• “Construction Sites”

• “Junk cars & stockpiled train rails”

• MDNR – 28 MOG General Permits – Process Water = Difficult - None really eligible.

• MOG49 - Quarries, Asphalt, Redi-Mix

• MDNR – 17 MOR General Stormwater Permits

• Facility Wide – Not Outfall Specific

Who Can Qualify?

• MOR13 – Textiles & Printing

• MOR203 Fab. Metal & Light Industry

• MOR80C–Motor Freight Transportation

• Individual Permit -due to Losing Stream

MDNR General Stormwater Permits Potentially Eligible – YES!

• MO-RA – Land Disturbance

• MO-R04 – MS4

• MOR100 – City Land Disturbance

• MOR22 – Wood & Lumber

• MOR23 – Chemicals, Plastics, Biodiesel

• MOR240, 241 – Agrichemicals

• MOR60 – Vehicle Salvage

• MOR80 – Airports & Trans. Stations

MDNR General Stormwater Permits Probably Not!

• No Exposure – All industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff.

Conditions to be Excluded

• Material handling equipment or activities

• Industrial machinery

• Raw materials

• Intermediate products

• By-products & waste products

• Final products

Industrial Materials?

• Completely roofed and walled buildings or structures

• Structures with a top but no sides – providing not subject to run-on /run-off of stormwater

• Temporary cover = tarpaulins

Storm-Resistant Shelter?

• Drums, barrels, tanks and containers that are “sealed.”

• Above Ground Tanks (AST’s)

• Lidded Dumpsters – waste materials

• Plant Vehicles – not leaking

• Final products – intended for outdoor use (i.e. “new cars”)

• Containers, racks, pallets to store or move final products – if clean.

No Shelter Required!

• Drums - valves that are used in field

• Containers & materials – open, deteriorated, leaking

• Outdoor vehicle & equipment maintenance

• Leaking pipes and pumps

• Open dumpsters

• Mobilized by rain – rock salt

• Particles or residue – roof stacks or vents

• Particles or residue – track out

Stuff that won’t fly!

• Final products that are “intermediate” products

• Intermediate products:

• Used in the composition of another product

• Sheet metal, tubing, and paint

• Chemically treated or not impervious to weathering

More stuff that won’t fly!

• EPA NPDES Form 3510-11

• 11 Questions – answer No!

• Submit to MDNR

• Good for 5 years

• Maintain all conditions of no exposure

How do you apply to be excluded for a stormwater permit?