Regulatory Guide – Industrial Storm Water Filings & Permits

• Who Must File as a Discharger?
• FAQs
• Filing Process and Permit Procedures
• Fees, Enforcement Provisions, Penalties and Your Rights
• Agency Resource Directory

Who Must File as a Discharger?

Storm water runoff is carried by the storm water system (gutters, storm drains and ditches) to local waterways, and is a major source of pollutants. This runoff can significantly contribute to localized violations of water quality standards for specific pollutants during storms. While much of the storm-generated pollution is from street runoff, construction activities can also be a major source.

The State Water Resources Control Board (SWRCB) issues two state-wide general permits to cover a variety of industrial and construction activities. The general permit requires:

• Elimination of wash/rinse waters to the storm drain.
• Development of plans to reduce pollutants in the storm drain.
• Implementation of specific monitoring efforts.

Most Sonoma County businesses that are regulated by the storm water runoff requirements register for coverage under one of two classes of general permits. This is true of both existing businesses and new businesses.

• General Construction Permit coverage is required for most construction sites, including clearing, grading, excavation reconstruction, and dredge and fill activities affecting at least one or more acres of total land area.
• General Industrial Permit based on the business SIC code or specific activities.

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Frequently Asked Questions (FAQs)

1. Does my Project Require a General Industrial Storm Water Permit?

   Yes, if your business has an Standard Industrial Code (SIC) specified in the storm water regulations. Contact the appropriate RWQCB to find out if your business is on the mandatory filing list.

   Yes, if your business falls into one of the following categories and is not exempted.

   • manufacturing facility
   • mining/oil/gas facility
   • hazardous waste treatment, storage, or disposal facility
   • landfills, land application sites, and open dumps receiving industrial waste
   • recycling facility (such as metal scrap yards, battery reclaimers, etc.)
   • salvage yards, auto wreckers, etc.
   • steam electric generating facility
   • transportation facility
   • wineries
   • sewage treatment plant
   • Your business has outside storage and handling of raw materials, finished product, stockpiled waste product, or outside processing or production activities.

   Exceptions to the general industrial permit requirements:

   • Your business already has an individual NPDES permit with storm water provisions.
   • Your business discharges all storm water into a municipal sanitary sewer system (not storm drains).
   • Your business recaptures, stores, and disposes of all industrial storm water runoff in ways other than a storm drain.
   • Your business has a "light industry" SIC code and has no outside storage and handling of raw material, fined product, stockpiled waste product, or outside processing or production activities.
   • If you are on Indian lands, contact the Environmental Protection Agency (EPA).

2. Who do I contact if I’m still not sure?

   As the applicant, you have the responsibility to determine if you are covered by the regulations and required to file for either individual or general storm water permits. Contact the local RWQCB office staff for help in making your determination whether to file for a permit.

3. Where can I get help in complying?

   The RWQCB will help you determine if you are covered and how to comply. Full permit forms and instructions are available from them. Other help and information from the state can be obtained from the California Office of Permit Assistance and the Business Environmental Assistance Center (BEAC).

4. If my project is covered by industrial storm water regulations, how do I file for a permit?

   File your Notice of Intent with the State Water Resources Control Board (SWRCB) in Sacramento and comply with the general permit conditions through either the North Coast Regional Water Quality Control Board (NCRWQCB) or the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB). If you are unsure which district your project is in, contact either office for help.

   NCRWQCB: Russian River drainage basin and coastal areas

   SFBRWQCB: Petaluma and Sonoma valleys.

   Exception: Businesses within the City of Santa Rosa still need to file a Notice of Intent with the SWRCB, but must work with the city in complying with general permit conditions. The city is the enforcing body for industrial and construction activities within Santa Rosa city limits.

5. What if I decide I don’t need to file?

   If you decide not to file for a permit, then you must prepare documentation supporting your decision. Adequate documentation may include implementing many of the requirements of a Storm Water Pollution Prevention Plan (SWPPP) to demonstrate that all runoff from your site has been assessed and controlled.

6. What do I do with this documentation?

   You do not need to provide this file to the RWQCB, but if questions or problems arise later, you are required to disclose the documentation on which you based your decision not to get a permit. If you believe a reasonable chance exists that you should get a permit and you do not, significant penalties and other enforcement action may be taken. Do the work to make sure your decision is correct and prepare the documentation to back it up. See Enforcement Provisions and Penalties and Your Rights.

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Filing Process and Permit Procedures

1. Submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB) for regulation under the NPDES general industrial storm water permit if you own or operate an existing facility. Submit an NOI at least 14 days prior to operation of a new facility. Filing an NOI indicates that you intend to comply with the provisions of the general permit. Additional details on submittal procedures for the general NPDES construction activity storm water permit can be obtained from the appropriate RWQCB or the SWRCB.
2. Work with RWQCB staff to eliminate unauthorized non-storm water discharges (especially rinse or wash waters) that contain significant pollutants.
3. Develop and implement a SWPPP. A Storm Water Pollution Prevention Plan (SWPPP) documents the use of storm water Best Management Practices (BMP) at a business site, tailored to the circumstances of a particular site or project. The SWPPP has two main objectives: identify pollutant sources and describe practices to reduce sediment and pollutants in storm water discharges.

   NOTE: The SWPPP must be kept at the business site and provided upon request to RWQCB staff and/or local agency.

4. Conduct water quality monitoring work. Monitoring is intended to demonstrate permit compliance, help implement the SWPPP and test the effectiveness of Best Management Practices (BMP) in removing pollutants. The main requirements are visual observations to verify discharge control and BMP effectiveness, an annual site evaluation for compliance with the general permit, and a sampling and analysis program (specific pollutants to sample are specified by the permit.)*

   * Some businesses may be exempt from sampling and analysis requirements only — but not all monitoring requirements — if they meet specific requirements. Contact your RWQCB to find out if you qualify. A strong effort to eliminate exposure of any industrial activities to storm water and to prepare an effective SWPPP may spare you the costs of sampling and laboratory analysis.

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Fees, Enforcement Provisions, Penalties and Your Rights

Your Rights as an Applicant

If you are not satisfied with the results of a decision regarding storm water permitting and compliance, you may appeal by following these steps in the order shown:

1. File an administrative appeal with RWQCB office to attempt to resolve the problem.
2. If you still wish to contest the administrative decision, file an appeal to be heard by the RWQCB.
3. If still not satisfied, you may appeal to the SWRCB.

Fees and Fines

Application and annual fees for construction storm water discharges under a general NPDES storm water permit are $500, payable to the State Water Resources Control Board. If you are discharging to the Santa Rosa municipal storm water system, you may only have to pay an application fee and an annual fee thereafter of $250 to the State Water Resources Control Board. Additional fees may be charged by the City of Santa Rosa.

Civil fines of up to $25,000 per day per violation can be imposed by the RWQCB, along with other civil penalties. Other state and local agencies can impose additional fines and penalties for violations of California Fish and Game codes, local ordinances regarding fair business practices, etc. In extreme cases, criminal penalties can also be pursued.

Caution: The magnitude of penalties can be affected by mitigating factors. These can include such issues as whether the business knowingly violated or willfully evaded the intent of the law. Your best interests lie in knowing exactly what is required of your business by getting the specific information you need from your Regional Water Quality Control Board.

This guide is presented as a convenience to the public and is for informational purposes only. It is important that all appropriate regulatory agencies be contacted directly for information and instructions concerning specific questions.

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