All regulated municipally-owned and -operated facilities are required to obtain either the industrial stormwater permit or certify for the No Exposure exclusion. This guidance document will assist with determining which of the two is appropriate for each facility location. Detailed information can be found in the permit at www.pca.state.mn.us/index.php/view-document.html?gid=20797.
“Municipality" means a city, village, borough, county, town, sanitary district, or other governmental subdivision or public corporation or agency created by the legislature.
“Facility” means land which has common ownership and is the location of a single corporation, business or publicly-owned operation with a portion engaged in industrial activity, even if land parcels are separated by a roadway, fence line or similar boundary.
A municipality's facility boundary is often different from a “traditional” industrial facility boundary because municipal ownership can be spread out over large distances and areas or contains several parcels of land, either connected together or may be geographically separate. For the purposes of this permit, each parcel or property’s boundaries establish a distinct facility within which primary industrial or narrative activities must be evaluated, and if relevant, apply for permit coverage or certify for No Exposure.
Each facility, whether privately or municipally owned, must identify all of its industrial activities and compare them with Primary Standard Industrial Classification (SIC) codes found within the permit under Appendix D: Sectors of Industrial Activities Authorized (see last page for web link). Each facility evaluation is facility/address-specific and each facility location within the municipality must be evaluated to determine if it needs permit coverage. If any of the facility’s activities fall within a “Primary” or “Narrative” SIC code, an application for permit coverage or No Exposure certification is required.
The Primary SIC code represents the activity that produces the facility’s largest revenue. If revenue data is not available or relevant, then select the SIC code activity with the largest number of employees. If using employee data is not possible or applicable, use the SIC code representing the largest volume of production.
A comprehensive list of SIC code descriptions can be found at: [www.osha.gov/pls/imis/sicsearch.html here].
The No Exposure exclusion allows industrial facilities, including municipal facilities, with materials and activities that are entirely sheltered from stormwater 100% of the time, to certify they have a condition of “No Exposure.” Facilities who can certify for No Exposure do not have to develop a Stormwater Pollution Prevention Plan (SWPPP), conduct inspections, fill out the annual report, pay the annual fee or conduct monitoring. Visit www.pca.state.mn.us/industrialstormwater for more information about the No Exposure exclusion.
Landfills: All landfills that accept industrial wastes (process waste received from any of the facilities within the 29 Sectors of industrial activity, including demolition landfills, municipal solid waste landfills and open and closed landfills).
Recycling centers/transfer stations: All recycling centers and transfer stations that accept waste for sorting and distribution, including Material Recovery Facilities that receive paper, glass, plastic and aluminum from non-industrial sources.
Activities include but are not limited to:
Wastewater treatment facilities: Any wastewater treatment facility treating wastewater that includes domestic sewage with a design flow of 1.0 million gallons per day or more. Also included is land dedicated to the disposal of sewage sludge that is located within the confines of this facility. Any wastewater treatment facility that treats wastewater that includes domestic sewage with a design flow of 1.0 million gallons per day or more is required to have an approved pre-treatment program under 40 CFR part 403 (Disposal of Sewage Sludge, Delegated Pretreatment Program).
Steam electric generating facilities: Steam electric power generating facilities, no matter what the fuel source, are required to apply for permit coverage or certify for No Exposure.
Airports: If the Primary SIC code is:
Ambulance: For ambulance service facilities classified under SIC code 4119 (Local Passenger Transportation Not Elsewhere Classified) where vehicle maintenance is conducted at the facility.
Vanpool: Vanpool operation facilities classified under SIC code 4119 (Local Passenger Transportation Not Elsewhere Classified) where vehicle maintenance is conducted at the facility.
Garbage trucks: Garbage trucks and trucks used for local collecting and transporting (without disposal) may be classified under Primary SIC code 4212 (Local Trucking without Storage). To be characterized as SIC code 4212, the facility must be primarily engaged in maintaining the trucks. If a municipality also owns the disposal facility, such as a landfill, that receives refuse transported by the trucks, the maintenance facility would be classified as a landfill and considered “co-located”.
Note: only air, water and land transportation facilities that are conducting vehicle maintenance activities are required to be regulated. Vehicle maintenance includes vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication and equipment cleaning operations.
Construction sand and gravel, aggregate hot mix asphalt and concrete activities: Facilities with 100% of their industrial activities covered under the “General Permit for Construction Sand and Gravel, Aggregate and Hot Mix Asphalt Facilities Permit” (MNG49) do not need to apply for permit coverage. Any facility not covered under that permit should apply for either that permit or the industrial stormwater multi-sector general permit.
The MNG49 Permit can cover multiple locations. If a facility has additional industrial activities beyond what are listed above, either obtain the multi-sector general permit for the location that has additional industrial activities (such as local trucking or landfill activities) or obtain the multi-sector general permit for portions of the facility with these additional activities.
Solid waste facility: Many solid waste activities are regulated by the industrial stormwater multi-sector general permit. Solid waste activities listed within the permit’s Appendix D must obtain industrial stormwater permit coverage as well as solid waste permit coverage. While many solid waste permits have stormwater requirements, solid waste permits do not have legal authority to regulate water quality NPDES requirements.
If a municipally-owned and -operated facility is regulated for a Narrative Activity or Primary SIC code, all additional applicable activities within the facility boundary are also regulated. For example, if a municipality owns and operates a landfill across the street from its recycling center, the facility boundary would be drawn around both properties and considered one facility; both activities are regulated under one permit and one application is required.
Individual permit: If a municipally-owned and -operated facility has an individual wastewater discharge permit or other water permit (general or individual) with stormwater requirements, the facility does not need to apply for permit coverage.
School bus operations: The SIC Manual states that “school bus establishments operated by educational institutions should be treated as auxiliaries” to the educational establishment. Because the SIC code assigned to educational institutions is 82xx, municipally-operated school bus establishments would not be required to apply for a permit for their stormwater discharges. Private contract school bus services are required to apply for an NPDES permit for their stormwater discharges.
Police cars, fire trucks and snow plows: Police, fire protection and city road snow plowing activities are classified under SIC code 92xx (public order and safety). Therefore, even a maintenance facility primarily engaged in servicing those vehicles, would not need permit coverage.
Municipal buildings: Other municipal buildings which are not connected to a regulated industrial facility (i.e., city or county offices) are not regulated.
Salt piles: Salt piles alone do not require stormwater permit coverage. However, if a regulated facility has a salt pile, their salt storage must be addressed with stormwater control measures and within the facility SWPPP. Additionally, all salt piles must be prevented from creating saline runoff to surrounding land or surface water.