STORMWATER PERMITTING

1. Requirements for the Solid Waste Industry in Colorado 5/04 STORMWATER PERMITTING

2. 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

3. 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)

4. 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

5. 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

6. 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.

8. 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.

9. 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

10. 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

11. 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

12. 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

13. 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 (don’t send fee with application - a bill will be sent after permit coverage begins)

14. ‘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/PermitsUnit

15. 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, don’t need construction permit for on-going operations • Municipality may have separate requirements

16. 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

17. 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 (303) 692-3500

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