Stormwater Permits: Questions and Answers
How do I determine whether I need a stormwater
permit?
The stormwater permitting program was set up to address EPA concerns about plant site stormwater runoff that was picking up pollutants and flushing them off site.
Under the Clean Water Act of 1972, which is the reauthorization of the federal Water Pollution Control Act, Congress created a permitting program. This program states that pollutants may be discharged into U.S. waters only in a manner authorized by permit. The federal permit is issued in Kansas by the Kansas Department of Health and Environment (KDHE). In 1987 Congress mandated deadlines under which the stormwater permitting program would be established.
The stormwater program, in its simplest form, only addresses activities related to manufacturing and production. Commercial and retail sales do not fall under the stormwater permitting program. The program also does not address uncontaminated stormwater runoff. You may have a manufacturing facility located on two acres, with 40 acres of grassland and woodland. The 40 acres are considered to be uncontaminated and are not addressed by the stormwater permitting program.
When it is required of a facility, the stormwater permitting program typically addresses plant yards; loading and unloading areas; shipping and handling areas; production areas; access roads; rail lines; storage areas for maintenance and material handling equipment; shops in which equipment and transportation vehicles are maintained at a facility; storage areas for raw products, intermediate materials, and final products; and waste handling disposal storage areas.
Current regulations, in their simplest form, cover 550 specific production activities. Numerous categories are tied to standard industrial classification (SIC) codes. It is difficult to pinpoint who is and isn’t covered.
Compounding the difficulty, litigation in the past two to three years has changed the scope of the current regulations. One change deals primarily with the EPA “light industries” category. EPA had given light industries a break, stating that if all activities occurred inside a building or under one roof, a business was exempt from stormwater regulation. The court struck that down, ruling that EPA had no actual basis on which to justify exemptions. Therefore, under the court’s direction, certain facilities that had been exempt in the past are now required to register.
Any operation in which stormwater runoff picks up contaminants that are potentially significant pollutants, or any operation in which runoff violates state water quality standards (regardless of whether the operation falls under the EPA definition), must obtain a permit.
Any operation that has a National Pollutant Discharge Elimination System (NPDES) permit with an EPA effluent guideline standard is automatically covered. Every other operation that is not covered will be required to file a stormwater permitting application by the year 2001. Details will be clarified as part of the reauthorization of the Clean Water Act or in subsequent regulations closely following the reauthorization.
If you run a processing or manufacturing operation, contact David Freise of KDHE, 785/296-5557. He will be happy to send information explaining SIC codes and federal requirements.
If your industry is covered by multiple SIC codes, use the SIC code that generates the most revenue in your company; that is your primary SIC code number. Before calling KDHE, figure out your SIC code. After you describe your operations, KDHE can tell you where you fit into the regulatory scheme. The department probably will send you a simple application called a Notice of Intent (a fancy name for a general permit application).
KDHE is developing a general permit for industrial activities; there are about 1,600 applications already on file. Another general permit has been adopted for construction activities; KDHE soon will begin processing the approximately 600 applications on file.
Stormwater permits will be issued for the maximum time limit, which is five years.
Under the federal guidelines relating to stormwater
runoff, once I file a notice of intent to
operate under the general permit I am regarded
as having a permit. Does the Kansas program
operate in the same way, or will KDHE actually
issue a permit?
Technically, Kansas businesses must have a permit. Even though the filing deadline for existing facilities has passed, KDHE encourages you to file. As soon as you file, you are considered to be in the system (waiting on KDHE to issue the permit).
Should I then follow the general requirements
and the federal regulations relating to stormwater
runoff for a general permit holder, or should I
wait until I receive a permit?
Wait until you receive your permit. If you want to begin developing a pollution prevention plan at the site (this will be a permit requirement), KDHE can provide guidance. KDHE also can help you obtain a copy of the EPA multisector general permit, which covers 200–300 types of manufacturing operations; you may choose the sections appropriate for your industry.
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