STORMWATER PERMITTING

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STORMWATER PERMITTING

• Requirements for
• the Solid Waste
• Industry in Colorado
• 5/04

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WATER QUALITY CONTROL DIVISION

• Regulates water quality for the State
• Main tool NPDES discharge permits
• If your facility is a covered industry and has
  the potential to discharge stormwater, you need a
  stormwater discharge permit

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STORMWATER PHASE I AND II

• Phase I in effect for past 12 years
• Covered industries, construction sites over 5
  acres, municipalities over 100,000 population
• MS4 Municipal Separate Storm Sewer System
  storm sewers for a municipality
• Phase II went into effect in 2003
• Lowered construction site threshold to one acre
• Regulated MS4s now include smaller
  municipalities, also non-standard
  municipalities, such as school districts,
  prisons, universities
• Exemption for small municipalities expired
  (3/10/03)

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MUNICIPAL OPERATIONS UNDER MS4 PERMIT

• Municipalities have to implement 6 different
  program areas to keep the stormwater going into
  their MS4 clean public education, public
  involvement, illicit discharge detection,
  construction, post-construction, municipal
  operations (facilities and activities)
• Municipal Operations Pollution prevention/good
  housekeeping
• operation and maintenance/training program
• preventing or reducing pollutant runoff from
  municipal operations
• roads, storm sewer maintenance, municipal parking
  lots, maintenance shops, storage yards, snow
  disposal areas, waste transfer stations

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WHAT TYPES OF FACILITIES NEED INDUSTRIAL PERMITS?

• Hazardous waste treatment, storage, or disposal
  facilities
• Landfills, land application sites, and open dumps
  that receive or have received any industrial
  wastes
• Facilities involved in the recycling of materials
  (SIC code 5015 or 5093)
• Transfer stations, collection companies
  (transportation facilities under SIC code 42)
  with vehicle maintenance (including vehicle
  rehabilitation, mechanical repairs, painting,
  fueling, and lubrication), or equipment cleaning

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TRANSFER STATIONS

• If the operator of the transfer station also owns
  the landfill to be used, then the transfer
  station is considered a support facility under
  SIC Code 4953 and an industrial permit is not
  required.
• If the operator of the transfer station does not
  own the landfill, then the transfer station comes
  under SIC Code 4212, Local Trucking. An
  industrial permit is required only if they have
  vehicle fueling, maintenance or equipment
  washing.
• If a permit is not otherwise required, coverage
  under the Municipal Operations program is needed
  if owned or operated by a regulated MS4.

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Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner? Is the Transfer Station Owned or Operated by the Landfill Owner?
Yes Yes Yes No No No No No
Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning?
Yes No Yes No No No
Under MS4 Permit Under MS4 Permit No Permit Needed No Permit Needed No Permit Needed No Permit Needed Light Ind. Permit Light Ind. Permit Light Ind. Permit Light Ind. Permit Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4? Owned or Operated by an MS4?
Yes Yes Yes Yes No No
Under MS4 Permit Under MS4 Permit Under MS4 Permit Under MS4 Permit No Permit Needed No Permit Needed No Permit Needed No Permit Needed
Under MS4 Permit Under MS4 Permit Under MS4 Permit Under MS4 Permit No Permit Needed No Permit Needed No Permit Needed No Permit Needed
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WHICH PERMIT?

• No double permit coverage - discharges from an
  industrial facility covered under an industrial
  permit will not need additional coverage under
  the MS4 permit.
• If an industrial facility seems to fit under
  both, then the default would be coverage under
  the industrial permit.
• Landfills Heavy Industry permit
• Most recycling sites Recycling permit
• Material recovery facilities - paper, newspaper,
  glass, cardboard, plastic, aluminum, and tin cans
  if no major sorting by operator, would be
  considered a transfer station. If assembling,
  breaking up, sorting, or wholesale distribution
  of scrap and waste materials, then under
  Recycling permit.

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STORMWATER DISCHARGES

• Covers stormwater discharges from a wide range of
  general industry areas
• Industrial plant yards
• Access roads and rail lines
• Material handling sites
• Refuse sites
• Equipment maintenance facilities
• Fueling areas
• Shipping/receiving areas
• Areas of past industrial activity

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STORMWATER PERMIT REQUIREMENTS

• Stormwater Management Plan (SWMP)
• Most important part of permit
• Identify potential sources of pollution
• Develop and implement stormwater management
  controls
• BMPs (Best Management Practices)
• Structural
• Non-structural

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SWMP REQUIREMENTS

• Industrial activity description
• Site map
• Stormwater management controls
• ID of potential pollutant sources, Best
  Management Practices (BMPs)
• SWMP administrator
• Preventive maintenance
• Good housekeeping

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SWMP REQUIREMENTS (cont.)

• Stormwater management controls (cont.)
• Spill prevention and response procedures
• Employee training
• Existing and proposed BMPs
• Check for non-stormwater discharges
• Comprehensive inspection procedures
• Record-keeping

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STORMWATER PERMIT REQUIREMENTS - OTHER

• SWMP requirements are narrative,
  pollution-prevention oriented, and based on your
  best judgment
• Other requirements
• Two inspections of SW controls per year
• Annual Report
• Discharge Monitoring Report (some)
• Annual Fee 386/year (dont send fee with
  application - a bill will be sent after permit
  coverage begins)

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NO EXPOSURE CERTIFICATION

• Can opt out of permit if no exposure of materials
  or activities to stormwater (rare for this type
  of facility)
• Form available at www.cdphe.state.co.us/wq/Permits
  Unit

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CONSTRUCTION - STORMWATER

• If construction activity will disturb one or more
  acres (or is part of a larger common plan of
  development), need a stormwater construction
  permit
• Construction activity includes clearing, grading,
  excavation, other soil-disturbing activities
• Must maintain permit until site has been finally
  stabilized
• Landfills once landfill initially established,
  earth disturbance is covered under Heavy Industry
  permit, dont need construction permit for
  on-going operations
• Municipality may have separate requirements

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STORMWATER ENFORCEMENT

• SWMP must be available for review
• Does SWMP reflect what is present? Are BMPs
  sufficient? Water quality impacts?
• Non-compliance handled at different levels
• Inspection report
• Notice of Violation
• Cease and Desist Order
• Penalty assessment

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WHAT NOW?

• Stormwater applications relatively simple name,
  address, industrial activities, etc., where your
  discharge goes, and preparation of a SWMP
• Division has applications, SWMP and other
  guidance documents available
• www.cdphe.state.co.us/wq/PermitsUnit
• Or contact the Division at [phone]

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CONTACTS

• Stormwater Program
• Kathy Dolan 303-692-3596 (pgm coord)
• Nathan Moore 303-692-3555 (municipal)
• Matt Czahor 303-692-3575 (construction,
  complaints)