On Wednesday, July 1, the California State Water Resources Control Board (SWRCB) announced it would extend the deadline for enrolling under the new Industrial General Permit (IGP) for Storm Water Discharges (Permit No. 2014-0057-DWQ) until close of business on Friday, August 14, 2015. The SWRCB also pushed back the deadline for submittal of 2014-15 annual storm water reports under the now-expired 1997 IGP (Permit No. 97-03-DWQ) to August 14.
The SWRCB blamed “ongoing technical difficulties” associated with users attempting to submit annual reports and permit registration documents to its online database, known as SMARTS (Storm Water Multiple Application and Report Tracking System).
Despite the failure of SMARTS to accommodate the large number of users seeking to comply with the new IGP, the SWRCB nevertheless indicated that “[w]hile technical issues are being resolved, the General Permit is in effect.” Draft Order 2015-XXXX-EXEC Amending Order 2014-0057-DWQ (Hearing date August 4, 2015). Thus, entities subject to the new IGP will need to ensure they are in compliance with the substantive requirements of the 2014 permit and maintain all necessary documents, while they wait to access SMARTS for registration.
Barg Coffin attorneys have previously analyzed the key changes and requirements of the new IGP here, here, and here.
--Don Sobelman and Dave Metres
For more information, contact Don Sobelman at (415) 228-5456 or des@bcltlaw.com, or Dave Metres as (415) 228-5488 or dmm@bcltlaw.com.
Showing posts with label storm water discharges. Show all posts
Showing posts with label storm water discharges. Show all posts
Monday, July 6, 2015
Friday, April 4, 2014
California Water Board Finalizes New Water Quality Requirements for Industrial Facility Storm Water Discharges
For the first time in 17 years, industrial facilities in California must contend with a new set of legal requirements controlling storm water. On April 1, 2014, the California State Water Resources Control Board (State Board) formally adopted the final draft of the general NPDES permit that regulates storm water discharges associated with industrial activity, known as the “Industrial General Permit.”
The new Industrial General Permit imposes additional permitting requirements and expands the scope of the Permit to cover new categories of industrial facilities. Facility and EHS managers should review the new permit and ensure their facilities are on-track to be in compliance when the new Permit becomes effective on July 1, 2015. Failure to comply with the new Permit could expose facilities to regulatory action by the State Board and the Regional Water Quality Control Boards, or result in a citizen group lawsuit under the Clean Water Act.
As discussed previously by Barg Coffin attorneys here, here, and here, the new Industrial General Permit will impose mandatory best management practices (“BMPs”), require increased sampling and monitoring, and mandate technical reports and action plans if monitoring shows that storm water discharges exceed certain pollutant concentrations.
According to the State Board, there are over 10,000 California industrial facilities currently enrolled under the previous Industrial General Permit, and each will need to confirm that their operations and practices comply with the new requirements.
Additionally, for the first time, some facilities not previously subject to regulation will be required to notify the State Board that their industrial activities are not exposed to rain water and will not discharge to storm drains in order to obtain an exemption from the substantive requirements of the Industrial General Permit.
Additional information is available on the State Board website, and the Order adopting the Industrial General Permit (2014-0057-DWQ) is available here.
-Don Sobelman and Dave Metres
For more information, please contact Don Sobelman at (415) 228-5456 or des@bcltlaw.com, or Dave Metres at (415) 228-5488, or dmm@bcltlaw.com
The new Industrial General Permit imposes additional permitting requirements and expands the scope of the Permit to cover new categories of industrial facilities. Facility and EHS managers should review the new permit and ensure their facilities are on-track to be in compliance when the new Permit becomes effective on July 1, 2015. Failure to comply with the new Permit could expose facilities to regulatory action by the State Board and the Regional Water Quality Control Boards, or result in a citizen group lawsuit under the Clean Water Act.
As discussed previously by Barg Coffin attorneys here, here, and here, the new Industrial General Permit will impose mandatory best management practices (“BMPs”), require increased sampling and monitoring, and mandate technical reports and action plans if monitoring shows that storm water discharges exceed certain pollutant concentrations.
According to the State Board, there are over 10,000 California industrial facilities currently enrolled under the previous Industrial General Permit, and each will need to confirm that their operations and practices comply with the new requirements.
Additionally, for the first time, some facilities not previously subject to regulation will be required to notify the State Board that their industrial activities are not exposed to rain water and will not discharge to storm drains in order to obtain an exemption from the substantive requirements of the Industrial General Permit.
Additional information is available on the State Board website, and the Order adopting the Industrial General Permit (2014-0057-DWQ) is available here.
-Don Sobelman and Dave Metres
For more information, please contact Don Sobelman at (415) 228-5456 or des@bcltlaw.com, or Dave Metres at (415) 228-5488, or dmm@bcltlaw.com
Monday, February 24, 2014
State Water Board to Adopt Revised Industrial Storm Water Permit on April 1, 2014
The California State Water Resources Control Board (State Board) recently notified the public that it will consider for adoption the final draft of the general NPDES permit that regulates storm water discharges associated with industrial activity. The State Board will hold a public hearing on adoption of the permit at its meeting on April 1, 2014 at 9:00 a.m. at the Cal/EPA headquarters in Sacramento.
The State Board is soliciting comments by the public regarding revisions that have been made to the draft permit since July 19, 2013. Those revisions are mostly minor, but importantly include a change to the effective date of the new permit, moving it back to July 1, 2015, from the previously proposed effective date of January 1, 2015. Written comments must be submitted to the State Board by Tuesday, March 4 at 12:00 noon. Oral comments may be made at the April 1 hearing.
As previously discussed here and here, the State Board’s proposed general permit would impose a new set of permitting requirements for industrial storm water discharges and would expand the scope of the program to cover new categories of industrial facilities. With storm water discharges continuing to be the most active area of citizen enforcement under the Clean Water Act, California industrial facilities should review these proposed changes and confirm with counsel that they will be ready to obtain coverage under the new permit in 2015.
-- Don Sobelman and Dave Metres
For more information, contact Don Sobelman at des@bcltlaw.com or (415) 228-5456. Dave Metres can be reached at dmm@bcltlaw.com or (415) 228-5488.
The State Board is soliciting comments by the public regarding revisions that have been made to the draft permit since July 19, 2013. Those revisions are mostly minor, but importantly include a change to the effective date of the new permit, moving it back to July 1, 2015, from the previously proposed effective date of January 1, 2015. Written comments must be submitted to the State Board by Tuesday, March 4 at 12:00 noon. Oral comments may be made at the April 1 hearing.
As previously discussed here and here, the State Board’s proposed general permit would impose a new set of permitting requirements for industrial storm water discharges and would expand the scope of the program to cover new categories of industrial facilities. With storm water discharges continuing to be the most active area of citizen enforcement under the Clean Water Act, California industrial facilities should review these proposed changes and confirm with counsel that they will be ready to obtain coverage under the new permit in 2015.
-- Don Sobelman and Dave Metres
For more information, contact Don Sobelman at des@bcltlaw.com or (415) 228-5456. Dave Metres can be reached at dmm@bcltlaw.com or (415) 228-5488.
Tuesday, August 13, 2013
New Draft Storm Water Permitting Requirements Issued
California water regulators recently published a new draft of permitting requirements applicable to many businesses – including many businesses never before subject to water quality regulation. After 16 years of settled practice, businesses will face a significant change to storm water regulation in California if the draft requirements become the law.
On July 19, 2013, the California State Water Resources Control Board (“State Board”) issued a draft general NPDES permit that regulates storm water discharges associated with industrial activity. This “Industrial General Permit” would require industrial facilities to comply with a set of new requirements.
The new Industrial General Permit would impose mandatory best management practices (“BMPs”), require increased sampling and monitoring, and mandate technical reports and action plans if monitoring shows that storm water discharges exceed certain pollutant concentrations. In addition, “light industry” facilities, previously exempt upon a simple self-certification, would now have to file an annual, public report and could be subjected to inspections by water regulators.
As under the current Industrial General Permit, facilities that fail to comply with Permit requirements would be subject to civil penalties of up to $37,500 per day per violation under the federal Clean Water Act. Accordingly, all businesses and industrial facilities would be well advised to develop a sophisticated understanding of these new requirements.
The State Board is accepting written comments and evidence on the proposed Industrial General Permit until noon on August 29, 2013. To learn more, the public can attend a web conference workshop on the new permit on August 14, or attend the public hearing on August 21 in Sacramento. Following the comment period, final adoption of the Industrial General Permit is scheduled for early 2014.
Additional information is available on the State Board website at http://www.swrcb.ca.gov/water_issues/programs/stormwater/industrial.shtml
--David Metres
UPDATE, August 19, 2013: The State Water Resources Control Board has extended the public comment period from August 29, 2013 to 12:00 noon September 12, 2013.
UPDATE September 12, 2013: The State Board has once again extended the public comment period from September 12 to September 19, 2013.
Attorneys from Barg Coffin Lewis & Trapp, LLP, a nationally-recognized environmental law and litigation firm in San Francisco, will continue to monitor these developments. For more information, please contact Donald Sobelman, des@bcltlaw.com, (415) 228-5456, or David Metres, dmm@bcltlaw.com, (415) 228-5488.
On July 19, 2013, the California State Water Resources Control Board (“State Board”) issued a draft general NPDES permit that regulates storm water discharges associated with industrial activity. This “Industrial General Permit” would require industrial facilities to comply with a set of new requirements.
The new Industrial General Permit would impose mandatory best management practices (“BMPs”), require increased sampling and monitoring, and mandate technical reports and action plans if monitoring shows that storm water discharges exceed certain pollutant concentrations. In addition, “light industry” facilities, previously exempt upon a simple self-certification, would now have to file an annual, public report and could be subjected to inspections by water regulators.
As under the current Industrial General Permit, facilities that fail to comply with Permit requirements would be subject to civil penalties of up to $37,500 per day per violation under the federal Clean Water Act. Accordingly, all businesses and industrial facilities would be well advised to develop a sophisticated understanding of these new requirements.
The State Board is accepting written comments and evidence on the proposed Industrial General Permit until noon on August 29, 2013. To learn more, the public can attend a web conference workshop on the new permit on August 14, or attend the public hearing on August 21 in Sacramento. Following the comment period, final adoption of the Industrial General Permit is scheduled for early 2014.
Additional information is available on the State Board website at http://www.swrcb.ca.gov/water_issues/programs/stormwater/industrial.shtml
--David Metres
UPDATE, August 19, 2013: The State Water Resources Control Board has extended the public comment period from August 29, 2013 to 12:00 noon September 12, 2013.
UPDATE September 12, 2013: The State Board has once again extended the public comment period from September 12 to September 19, 2013.
Attorneys from Barg Coffin Lewis & Trapp, LLP, a nationally-recognized environmental law and litigation firm in San Francisco, will continue to monitor these developments. For more information, please contact Donald Sobelman, des@bcltlaw.com, (415) 228-5456, or David Metres, dmm@bcltlaw.com, (415) 228-5488.
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