A. Eligibility Requirements

To be eligible for authorization to discharge industrial stormwater under this permit, the Owner/Operator’s facility must have a primary SIC code or narrative activity as defined in 40 CFR § 122.26(b)(14)(i)-(xi), except (x), as summarized in Table 5 of Appendix D.

1. Authorized Stormwater Discharges

Stormwater discharges associated with industrial activity for any primary SIC code and/or narrative activities and co-located industrial activities, as defined in 40 CFR § 122.26(b)(14)(i)-(xi), except (x), and summarized in Table 5 of Appendix D, which includes ten categories of industrial activity required to obtain a permit for industrial stormwater discharges and a list of related Standard Industrial Classification (SIC) codes organized by 29 sectors of industrial activity required to have a National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) permit.

2. Authorized Non-Stormwater Discharges

The following non-stormwater discharges are authorized by this permit provided that appropriate Best Management Practices (BMPs) are utilized to minimize erosion and the discharges of sediment where necessary and provided that these discharges are not already authorized in a separate NPDES/SDS permit.

a. Emergency fire-fighting activities.

b. Fire hydrant and fire suppression system flushings.

c. Potable water line flushings.

d. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids.

e. Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with manufacturer’s instructions.

f. Pavement wash waters where no detergents are used and no spills or leaks of potential pollutants such as fertilizers, salts, or toxic and hazardous materials have occurred unless all spilled material has been removed.

g. Routine external building washdown that does not use detergents, solvents, or degreasers.

h. Uncontaminated groundwater or spring water.

i. Foundation or footing drains where flows are not contaminated.

j. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g. “piped” cooling tower blowdown or drains).

k. Discharges from facilities operating under SIC codes 1442 and 1446, from dewatering operations composed entirely of stormwater or uncontaminated groundwater seepage.

B. Limitations on Authorization

1. The following discharges or activities are not authorized by this permit:

a. Discharges or release of non-stormwater, except those authorized nonstormwater discharges listed in Part I.A.2. Non-stormwater discharges or activities that are not authorized under this permit include, but are not limited to:

1. Non-contact cooling water.

2. Domestic and industrial wastewater and process wastewater.

3. Biosolids.

4. Spills of any substance that may cause water pollution as defined in Minn. Stat. § 115.01, subd. 13.

5. Placement of fill into waters of the state requiring local, state, or federal authorizations (such as U.S. Army Corps of Engineers Section 404 Permits, Department of Natural Resources Public Waters Work Permits, or Local Governmental Unit Wetland Conservation Act replacement plans or determinations).

6. Commercial equipment/vehicle cleaning.

b. Piping and drainage systems for process wastewater and floor drains from process areas must be separated from the storm drainage system to prevent any inadvertent discharge of pollutants. A separate NPDES/SDS permit is required for any discharges of process wastewater.

c. Stormwater discharges mixed with non-stormwater, except those authorized non-stormwater discharges listed in Part I.A.2.

d. Stormwater discharges from any portion of the facility where stormwater discharge is authorized under an individual NPDES/SDS permit or other industry specific general NPDES/SDS permit.

e. Stormwater discharges associated with construction activity as defined in 40 CFR § 122.26(b)(14)(x) and (b)(15).

f. This permit does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act (Minn. Stat. ch. 116D), or the National Environmental Policy Act (42 U.S.C. §§ 4321 - 4370 f).

g. This permit does not replace or satisfy any review requirements for endangered or threatened species, from new or expanded discharges that adversely impact or contribute to adverse impacts on a listed endangered or threatened species, or adversely modify a designated critical habitat.

h. This permit does not replace or satisfy any review requirements for historic places or archeological sites, from new or expanded discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites.

i. Discharges to impaired water(s) when a USEPA-approved Total Maximum Daily Load (TMDL) report applies a Waste Load Allocation of zero (0) to a specific facility or industrial activity.

j. Discharges to an impaired water when a USEPA-approved TMDL report has identified a specific facility or industrial activity that requires stormwater control measures, BMP provisions, or compliance schedules not contained in this permit for that impaired water.

k. Prohibited discharges pursuant to Minn. R. 7050.0180, subp. 3, 4, and 5.

l. Significant Discharges as defined in Appendix E.

m. Any discharges or activities described under “limitation on authorization” in Part VII (sector-specific requirements) of the permit.

2. The following discharges or activities are authorized by this permit provided that the Permittee complies with all terms and conditions of this permit, and all terms and conditions of Appendix A.

a. Restricted discharges as defined in Minn. R. 7050.0180, subps. 6, 6a, and 6b.

b. Discharges to Trout Waters listed in Minn. R. 6264.0050, subps. 2 and 4.

c. Discharges to wetlands as defined in Minn. R. 7050.0186, subp. 1a(B).

C. Obtaining Authorization

To obtain authorization for stormwater discharges associated with industrial activities under this permit:

1. The applicant(s) must meet the eligibility requirements under Part I.A.

2. The applicant(s) must develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of Part IV prior to submitting an application to the Agency.

3. The applicant(s) must submit a complete permit application, on a form provided by the Agency, and certify that a SWPPP has been completed.

4. The applicant(s) must receive written or electronic notification from the Agency that coverage has been granted.

D. Effective Date of Permit Authorization

1. The Commissioner shall review the permit application for completeness and determine whether to authorize, or deny authorization, to discharge in accordance with Minn. R. ch. 7001. If an application is determined to be incomplete, the Agency will notify the applicant. The Agency will indicate why the application is incomplete and will request a resubmittal. The Commissioner may deny authorization under this permit and require the applicant to submit an application for a separate NPDES/SDS permit in accordance with Minn. R. ch. 7001.

2. Applicants are authorized to discharge industrial stormwater from their facility under the terms and conditions of this permit as of the issuance date stated on the written or electronic notification of permit authorization sent to the Permittee by the Agency.

3. The Permittee shall post the Notification of Permit Coverage Card in an area of the facility that provides highest visibility to employees and visitors.

E. Notification Requirements

If the Permittee has a stormwater discharge associated with industrial activity and directly discharges into any regulated Municipal Separate Storm Sewer System (MS4), the Permittee shall notify the operator of the first MS4 that receives this discharge of the existence of this industrial stormwater general permit authorization.

F. Transfer of Ownership or Control

When the ownership or operational control of the facility changes, and a new Owner/Operator assumes responsibility for the facility, a request for permit transfer on the Permit Transfer/Name Change Form, signed by the prior Owner/Operator and certified by the new Owner/Operator, must be submitted to the Agency on or before the effective date of the change. The new Owner/Operator to whom the permit has been transferred shall comply with the terms and conditions of this permit in accordance with Part VIII.O.

G. Termination

1. The Permittee shall comply with this permit until the Permittee completes and submits a Notice of Termination form. Authorization to discharge industrial stormwater under this permit terminates after the Permittee receives either written or electronic notification by the Agency that permit coverage has been terminated.

2. The Permittee shall submit a Notice of Termination form, signed by the Permittee, within 30 days after one or more of the following conditions are met:

a. Industrial activity has ceased and contact of stormwater with significant materials has been eliminated.

b. The Permittee has obtained authorization under an individual NPDES/SDS permit or industry specific general NPDES/SDS permit for stormwater discharges associated with industrial activity.

H. Issuance of an Individual Permit

1. The Owner/Operator may request an individual permit to authorize stormwater discharges associated with industrial activity, in accordance with Minn. R. 7001.0210, subp. 6.

2. The Agency may require an individual permit for the applicant or Permittee, in accordance with Minn. R. 7001.0210, subp. 6.

I. Conditional Exclusion for No Exposure

1. A facility that meets the eligibility criteria for this permit in Part I.A. and that is eligible for the conditional exclusion for No Exposure may submit to the Agency a No Exposure certification (as part of the application packet) in accordance with Minn. R. 7090.3060. Following receipt by the Agency of a complete No Exposure certification request that meets the exclusion criteria, and beginning upon the issuance date on the written or electronic notification of No Exposure, the facility is not required to comply with this permit. If the facility is already authorized by the general permit, submittal of a Notice of Termination to terminate permit authorization is not required when seeking the conditional exclusion for No Exposure; however, if the facility operations terminate entirely after obtaining the conditional exclusion for No Exposure, a Notice of Termination shall be submitted. The conditional exclusion for No Exposure is available on a facility-wide basis in accordance with Minn. R. 7090.3060, subp. 5(B). The conditional exclusion for No Exposure is nontransferable, in accordance with Minn. R. 7090.3060, subp. 5(D).

2. Any facility that has previously obtained a conditional exclusion for No Exposure shall re-certify for the exclusion no later than five years from the effective date of the most recent No Exposure certificate issued to the facility by the Agency.

3. If a change is planned that will result in failure to maintain a condition of No Exposure at a facility, the Owner/Operator of a facility shall apply for and receive permit authorization before commencing the change in accordance with Part II.A.2 of the permit.

4. Any facility authorized for the conditional exclusion for No Exposure by the Agency shall post the No Exposure Coverage Card in an area of the facility that provides highest visibility to employees and visitors.

This page was last edited on 15 June 2013, at 17:45.