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

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 WATER QUALITY CONTROL DIVISION

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)

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

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

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.

Is the Transfer Station Owned or Operated by the Landfill Owner? Yes No Owned or Operated by an MS4? Is there Vehicle Maintenance, Fueling, and/or Equipment Cleaning? YesNoYesNo Under MS4 Permit No Permit Needed Light Ind. Permit Owned or Operated by an MS4? YesNo Under MS4 Permit No Permit Needed

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.

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

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

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

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

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)

‘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

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

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

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 Or contact the Division at (303)

CONTACTS Stormwater Program: – Kathy Dolan (pgm coord) – Nathan Moore (municipal) – Matt Czahor (construction, complaints)