The Basics of the New Maryland Industrial Permit Welcome to the Webcast • To Ask a Question – Submit your question in the chat box located to the left of the slides. We will answer as many as possible during Q&A. • To Answer a Poll Question – Simply select the preferred option. For those viewing this session alongside several colleagues, respond in a manner that represents your organization as a whole. • We ARE Recording this Session – All comments and questions will be recorded and included in the archives. We will notify you as soon as the recording and related resources are loaded on the web. • We Appreciate Your Feedback – Fill out our evaluations – our funders need to hear it! Chesapeake Bay Stormwater Training Partnership Visit: www.chesapeakestormwater.net To learn how you can have access to: Discounted Webcasts Free One-day design workshops Intensive master stormwater design seminars Direct On-site technical assistance Self guided web-based learning modules Speaker Info Paul Hlavinka, Maryland Department of the Environment, [email protected] Ted Scott, Stormwater Maintenance & Consulting, LLC, [email protected] Cecilia Lane, Chesapeake Stormwater Network, [email protected] Poll Question #1 How many people are watching with you today? • Just me • 2-5 people • 6-10 people • > 10 people Poll Question #2 What is your involvement in industrial stormwater management? • I currently manage a NPDES permit for my site • I anticipate getting a NPDES permit in the future • I don’t have a permit but work as a consultant to those who do • Other – please tell us in the chat box Today’s Agenda • Intro to the new Maryland Industrial Stormwater Permit • Basics of SWPPP Development • “What Now?” or a Regulatory Update from MDE • Q&A • Webcast Resources Overview of the 12-SW General Permit for Stormwater Discharges Associated With Industrial Activity History of Stormwater Permit • Maryland issued a permit for “stormwater discharges associated with industrial activity” in 1992. • EPA issues stormwater permits for many states, which is referred to as the Multi-Sector General Permit (MSGP). • The General Permit must be updated and reissued every 5 years. Maryland’s permit 02-SW was issued in 2002, expired on November 30, 2007, but was administratively extended. Maryland’s General Permit • The Final Determination 12-SW permit issued Nov 1, 2013, replaces the 02-SW. • Largely based on EPA’s Multi-Sector General Permit MSGP, and includes unique requirements in the Chesapeake Bay Watershed to address the Bay TMDL. • 1090 facilities w/coverage, and 249 w/no exposure certification. • Effective start date is January 1, 2014. Who is Covered? Facilities with stormwater discharges: a) from a primary industrial activity (identified in Appendix A) b) associated with industrial activity (defined in Appendix E) OR c) facilities that are notified by MDE as eligible for coverage under Sector AD, OR d) covered under the previous 02SW. Photo credit: DNREC Why Do I Have a Permit? 1. Your business “Standard Industrial Classification” (SIC) is included in CWA which requires Permit coverage 2. Your site had reasonable potential determined by MDE and required Permit coverage 3. You were trying to do the right thing and applied, not certain if you were required (termination can be requested) Website resources Industry Sector Classifications “Appendix A” • Saw mills/paper mills • Chemical plants • Stone/glass products • Metal processing facilities • Extraction and refining industries • Over 30 industry sectors SIC and NAICS Cross Reference Change in Coverage from 02SW? IF THEY ARE COVERED UNDER 02-SW, they are Eligible for 12-SW SECTOR L: LANDFILLS AND LAND APPLICATION SITES • refuse disposal permit or a marginal land permit are trigger for coverage • OR we MAY notify the operator they need coverage. SECTOR P, Q and S: Land, Water and Air TRANSPORTATION • Only those facilities which have vehicle maintenance shops (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations or airport deicing operations are included. SECTOR P: WAREHOUSING (SIC 4221-4226) • Storage facilities must include stormwater discharges from all areas (except access roads and rail lines) where material handling, equipment, or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to stormwater. SECTOR AD.a: Dept of Public Works AND Highway Maintenance Facilities and SECTOR AD.b: School Bus Maintenance Facilities • Coverage under this permit is not required for a municipally owned and operated facility unless the facility is notified by the Department that coverage is needed, or the facility was covered under the 02-SW permit. Who is NOT Eligible? • Facilities which must meet Effluent Limitation Guidelines. • Facilities with specific General Permits: – Mineral Quarries, Borrow Pits, and Concrete and Asphalt Plants: (10-MM), – Surface Coal Mines and Related Facilities (06-CM), – Marinas including Boat Yards and Yacht Basins (10-MA), – Animal Feeding Operations (09-AF). • Individual Permits: may be contacted by MDE to get coverage under this permit. Industrial Activity Includes These are from Appendix E: • Industrial plant yards • Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts used or created by the facility • Material handling sites, refuse sites • Sites used for the application or disposal of process waste waters • Sites used for the storage and maintenance of material handling equipment Industrial Activity also Includes • Sites used for residual treatment, storage, or disposal • Shipping and receiving areas • Manufacturing buildings • Storage areas (including tank farms) for raw materials, and intermediate and final products • Areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater Industrial Activity Excludes • Areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Example Facility Runoff Direction Industrial Activity Non-industrial Activity Application Process You must submit a Notice of Intent (NOI), updated Stormwater Pollution Prevention Plan (SWPPP) and fee FOR EACH FACILITY. Category NOI, SWPPP & Fee Submission Deadline Existing Dischargers – that Within 6 months from effective date are not subject to Chesapeake (June 30, 2014). Authorization to Bay Restoration Requirements. discharge under 02-SW continues in the interim. Existing Dischargers – that Within 1 year from effective date are subject to Chesapeake Bay (December 31, 2014). Restoration Requirements. Authorization to discharge under 02- SW continues in the interim. Other Dischargers – in Immediately, to minimize the time operation, but not covered under discharges from the facility will 02SW or other permit. continue to be unauthorized. Coverage Exemption (no fee) “No Exposure Certification” Requires: 1. Verification they meet the requirements 2. Certification by: 1. Professional Engineer 2. Certified Professional in Storm Water Quality (CPSWQ) 3. Registered Architect, or a Landscape Architect Find resources using Google or Yellow Pages. Fee Required • $120 annual payment submitted with the NOI and annually by July 1st of each year • $550 upfront payment (through 12/2018) submitted with the NOI. • Local and State Government are exempt from the fee. • The fee structure is set by COMAR 26.08.04.09- 1 (C). Notice of Intent (NOI) Requires • Operator Information and Worker’s Comp Information • Facility Information including: – Physical address and coordinates in degrees decimal – The primary and any subsequent co-located standard industrial classification (SIC) codes relevant to this permit – Verification if this is a new discharger or if there is any preexisting NPDES permit number for stormwater coverage – The total acres of property at that address – Whether the facility is presently inactive and unstaffed • Information on the receiving waters • Identify which benchmarks apply to the operation • Specific information regarding Chesapeake Bay Restoration NOI – Receiving Waters What are My Receiving Waters? MDE website link http://bit.ly/FindWatershed Is My Receiving Water Impaired? MDE website link http://bit.ly/MDE_Impairments Check Each Impairment Use legend for help in interpreting map. BACTERIA : Red Indicates Impaired Another Tool for Impaired Waters This interactive map may also be used to determine impairments or for more in depth reports. http://bit.ly/MDE_SearchableReport Is Receiving Water Tier 2? MDE website link http://bit.ly/MDE_Tier2 Chesapeake Bay Restoration Requirements If you meet ALL of these criteria: • Your facility is within the Chesapeake Bay Watershed • Your facility is 5 acres or greater in size • Any portion of your facility is located within a phase I or phase II municipal separate storm sewer system (MS4) jurisdiction • Your facility is not owned by or leased from an entity that is permitted as an MS4 Chesapeake Bay Specific NOI Requirements THEN you must provide: • Total impervious surface area (square feet) • Untreated impervious surface area (in square feet) • Impervious surface area subject to 20% restoration requirement (in acres). Important definition(s) Impervious Surface Treatment: • Implementing