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Essential steps for ensuring stormwater permit compliance
Stormwater runoff poses a significant challenge, contributing to the pollution of rivers, lakes, streams, and coastal waters. As it flows, runoff collects debris, chemicals, sediment, and other pollutants that can severely impact water quality if left untreated. Managing stormwater runoff effectively is also critical for avoiding compliance issues as these can be costly and time-consuming for businesses.
The EPA established the NPDES program under the Clean Water Act to regulate wastewater and stormwater sources. In most states, the EPA has delegated permitting authority to state agencies.
Under the federal EPA’s National Pollutant Discharge Elimination System, or NPDES program, stormwater discharges from thousands of industrial facilities, municipal separate storm sewer systems (MS4s), and construction sites are regulated to protect water quality. These entities must obtain a stormwater permit and develop a Stormwater Pollution Prevention Plan (SWPPP) to address potential pollution risks effectively.
Recent and upcoming changes to stormwater general permits by state
Several states have recently implemented or are about to implement new stormwater general permits. These changes are crucial for ensuring proper stormwater management and compliance with environmental standards.
Construction Stormwater General Permits
- Louisiana: new permits became effective on October 1, 2024.
- Kentucky: new permits took effect on December 1, 2024.
- Pennsylvania: new permits became effective on December 8, 2024.
Industrial Stormwater General Permits
Updates to the industrial stormwater general permits in Washington and Arizona are set to take effect on January 1, 2025.
Consequences of non-compliance with stormwater permitting requirements
Failure to secure a permit or comply with its conditions can result in significant consequences, including fines, legal actions, and damage to your organization’s reputation. Two cases highlight the serious consequences of non-compliance and underscore the importance of adhering to stormwater management regulations.
In 2020, four solar energy companies were accused of violating the Clean Water Act by failing to meet stormwater permit requirements during the construction of large-scale solar energy facilities. These companies ultimately agreed to pay a collective $1.34 million to settle the allegations. This case serves as a strong reminder of the importance of complying with stormwater management regulations, especially during construction activities.
A California container terminal company was fined $47,100 for failing to implement best management practices (BMPs) and for not developing an adequate Stormwater Pollution Prevention Plan (SWPPP). This enforcement action highlights the critical need for businesses to adhere to stormwater management regulations. The violation was part of a broader effort by regulatory bodies like the EPA and state authorities to ensure that companies mitigate pollution risks associated with industrial activities.
Best Management Practices (BMPs) for stormwater management
Best Management Practices (BMPs) are essential for preventing and controlling stormwater contamination. By implementing these strategies, businesses can reduce the risk of pollutants entering water systems, ensuring compliance with environmental regulations and protecting water quality.
Garbage dumpsters
- Keep lids closed to prevent rainwater from washing pollutants out of the dumpster.
- Use tarps or covers to prevent rainwater from entering if the dumpster does not have a lid.
- Refrain from discarding toxic and nontoxic items such as chemicals, chemical-contaminated rags, empty latex paint cans or motor oil containers, or open, empty chemical containers, into a garbage dumpster.
- Use tied plastic garbage can liners to keep loose debris from being washed away with stormwater.
Maintenance activities
- Perform maintenance activities indoors and avoid performing maintenance activities outside when possible.
- Use best practices for welding and torch cutting and sweep all surfaces with particles and residues from these operations and dispose of the waste properly.
- Perform vehicle maintenance indoors whenever possible and use drip pans and absorbent pads if outdoor work is necessary.
Good housekeeping
- Pick up garbage, debris, and trash that is found outside and ensure areas that collect debris often are cleaned on a regular basis, such as those near dumpsters.
- Maintain clean floors and ground surfaces indoors and outdoors by using brooms, shovels, vacuum cleaners, and leaf blowers.
- Protect outdoor trash cans to ensure they are covered and avoid rain, and empty weekly.
- Inspect and clean chemical material-handling areas, as well as railcar and tank truck unloading sites, after each use to minimize the risk of pollutants entering stormwater systems.
Outdoor storage areas
- Maintain sufficient aisle spacing to support efficient material handling and allow for easy inspections.
- Ensure proper storage for drums, totes, and bags and that they are stored away from direct traffic routes so that accidental damage to containers can be prevented.
- Prevent corrosion by storing containers on pallets or similar platforms to avoid contact with ground moisture.
- Cover containers with a tarp or store them under a fixed canopy to prevent exposure to stormwater.
- Conduct regular inspections of storage areas and ensure there are no signs of container corrosion or damage, leaks, or spills.
Preventive maintenance
- Inspect equipment and systems that could fail and result in spills or leaks, such as pipes, pumps, storage tanks, pressure vessels, relief valves, process equipment, and stormwater management devices.
- Check forklifts, trucks, and other vehicles for leaks at the start of each shift. Address leaks promptly in the maintenance shop and avoid using the equipment until repairs are complete. Clean up stains on paved or unpaved areas as soon as they appear.
- Adhere to maintenance schedules that include inspections for leaks, corrosion, secondary containment damage, and wear or damage to tanks and pipes.
- Fix or replace faulty equipment identified during inspections without delay. Maintain a supply of spare parts to prevent downtime. Regularly empty oil containers from oil/water separators, replace filters in filtration devices, and clear clogged drains.
- Monitor areas where debris accumulates, such as vegetated swales, spots around gutter downspouts, and garbage dumpster areas.
- Keep records of preventive maintenance activities with the facility’s SWPPP in order to document maintenance inspections, repairs, and preventive maintenance activities.
Containment areas
- Close built-in drains to prevent leaked chemicals from flowing out with the water during rain.
- Perform a visual inspection to ensure it is clean before releasing stormwater.
- Check for signs of oil sheens on the water.
- Conduct a pH test if corrosive materials are stored in the containment area.
- Sample the stormwater and send it for laboratory analysis if a leak is suspected or other substances are stored in the area.
- Open the drain or pump the water out as appropriate once it is confirmed that the water is clean.
Security
- Use fencing or other security measures to protect chemical containers, full or empty drums, and totes from vandals if they are stored outdoors.
- Secure railcar valves by installing locks on the valves to prevent someone from opening the valve and dumping the contents of bottom-unload railcars.
- Cap and lock any tank connections, such as on unloading stations, to protect both indoor and outdoor tanks.
- Park work vehicles in a secure location that is indoors or in a fenced location to prevent vandals from draining engine oil or coolant.
Sediment and erosion control
- Implement structural or vegetative stabilization measures to limit soil erosion by building retaining walls, laying down plastic or straw, or placing plants that will help stabilize the soil in the area.
- Divert stormwater away from erosion-prone areas or manage runoff by directing it through storm pipes instead of allowing it to flow over the land.
Keep your stormwater permit and management program updated
Fines for stormwater permit violations can reach up to $100,000 per day. If your facility, construction site, or municipal discharge system is regulated for stormwater runoff, you must have either an individual stormwater permit or a general stormwater permit, or you could face civil or criminal penalties.
Obtaining a permit is far from the only obligation you must fulfill—numerous permit conditions apply, and you must have the proper tools and an adequate SWPPP for stormwater monitoring, training, recordkeeping, and reporting. Federal and state authorities have the right to inspect to see if a facility or site is compliant.
For environmental compliance support, BLR offers a wide array of EHS management solutions. EHS Hero’s Regulatory Analysis Chart Builder allows side-by-side comparisons of requirements across multiple jurisdictions and is consistently updated to include the latest regulatory changes.