This article provides requirements for a permit to discharge stormwater resulting from construction and nonconstruction activity.
A. 
As of March 10, 2003, all construction and nonconstruction activity resulting in a discharge of stormwater to a river, lake, or wetland of the Menominee Indian Reservation shall require a permit.
(1) 
Section 402(p)(2)(B) of the 1987 CWA requires NPDES permits for stormwater discharges associated with industrial activity. On November 16, 1990, the EPA published Phase I of the national stormwater regulations. Sources regulated under Phase I include discharges from municipal separate storm sewer systems with populations of generally 100,000 or more and 11 categories of industrial activity. The EPA has defined stormwater discharges associated with industrial activity to include stormwater discharges from construction sites which disturb five or more acres [see 40 CFR 122.26(b)(14)(x)].
(2) 
On December 8, 1999, the EPA published Phase II of the national stormwater regulations. Phase II regulates stormwater discharges from small municipal separate storm sewer systems and discharges associated with small construction activity, including construction sites which disturb between one and five acres [40 CFR 122.26(b)(15)(i)]. This permit addresses construction sites regulated under both the Phase I and Phase II rules. However, the requirements for small construction sites will not be effective until March 10, 2003, the date by which these sources are to comply with the Phase II stormwater regulations.
B. 
Stormwater general permit for discharges from construction activities. Construction sites exposed to stormwater runoff (rainfall and snowmelt) can result in soil erosion and off-site transport of sediment, particularly if these sites are not properly managed through implementation and maintenance of sound erosion and sediment control practices. In addition, if construction sites are not properly managed, other construction-related wastes can be discharged in stormwater.
(1) 
The stormwater general permit covers the Menominee Indian Reservation for all stormwater discharges from construction sites which disturb five or more acres.
(2) 
The stormwater general permit covers the Menominee Indian Reservation for all stormwater discharges from small municipal separate storm sewer systems and discharges associated with small construction activity, including construction sites which disturb between one and five acres.
(3) 
Permit application procedures for construction-related stormwater discharges shall be followed in accordance with § 512-30 of this article.
C. 
Stormwater discharge permit for nonconstruction activity. Prior to October 1, 1994, discharges composed entirely of stormwater shall not be required to obtain a stormwater discharge permit except:
(1) 
A discharge with respect to which a permit has been issued prior to February 4, 1987.
(2) 
A discharge associated with industrial activity.
(a) 
Nonmunicipal separate storm sewers. For stormwater discharges associated with industrial activity from point sources which discharge through a nonmunicipal or nonpublicly owned separate storm sewer system, the Director may issue a single stormwater permit, with each discharger a co-permittee to a permit issued to the operator of the portion of the system that discharges into waters of the United States, or individual permits to each discharger of stormwater associated with industrial activity through the nonmunicipal conveyance system.
(b) 
All stormwater discharges from industrial activity that discharge through a stormwater discharge system that is not a municipal separate storm sewer must be covered by an individual permit, or a permit issued to the operator of the portion of the system that discharges to waters of the United States, with each discharger to the nonmunicipal conveyance a co-permittee to that permit.
(c) 
Where there is more than one operator of a single system of such conveyances, all operators of stormwater discharges associated with industrial activity must submit applications.
(d) 
Any permit covering more than one operator shall identify the effluent limitations or other permit conditions, if any, that apply to each operator.
(3) 
A permit must be obtained for discharges composed entirely of stormwater on and after October 1, 1994. Operators shall be required to obtain a NPDES permit only if:
(a) 
The discharge is from a small municipal separate storm sewer system (MS4), all separate storm sewers that are owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state or tribal law, such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency that discharges to waters of the United States, required to be regulated. Operators of small MS4s shall seek coverage under a NPDES permit in accordance with 40 CFR 122.33 through 122.35;
(b) 
The discharge is a stormwater discharge associated with small construction activity; see Subsection B(2);
(c) 
The Director determines that stormwater controls are needed for the discharge based on waste load allocations that are part of total maximum daily loads (TMDLs) that address the pollutant(s) of concern; or
(d) 
The Director determines that the discharge or category of discharges within a geographic area contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States.
A. 
Stormwater pollution prevention plans. At least one stormwater pollution prevention plan (SWPPP) shall be developed for each construction project or site. Stormwater pollution prevention plans shall be prepared in accordance with good engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the construction site. The SWPPP shall describe and ensure the implementation of practices which will be used to reduce the pollutants in stormwater discharges associated with construction activity at the construction site and assure compliance with the terms and conditions of the permit. When developing a SWPPP, applicants must follow the procedures in Subsection E to determine whether listed endangered or threatened species or critical habitat would be affected by the applicant's stormwater discharges or stormwater-discharge-related activities. The SWPPP must also address historic properties.
(1) 
Contents of plan. The stormwater pollution prevention plan (SWPPP) shall include the following items:
(a) 
A description of the site and the nature of the construction activity;
(b) 
A description of the intended sequence of major activities which disturb soils for major portions of the site (e.g., grubbing, excavation, or grading);
(c) 
Estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading, or other activities, including off-site borrow and fill areas;
(d) 
Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction activities are completed;
(e) 
Existing data describing the surface soils as well as subsoils from United States Natural Resources Conservation Service information; and
(f) 
The name of the receiving water(s) from United States Geological Service 7.5 minute series topographical maps or other appropriate source.
(2) 
Each site map shall include a map showing the following items:
(a) 
Existing topography and drainage patterns, roads and surface waters;
(b) 
Boundaries of the construction site;
(c) 
Drainage patterns and approximate slopes anticipated after major grading activities;
(d) 
Areas of soil disturbance;
(e) 
Locations of major structural and nonstructural controls identified in the SWPPP;
(f) 
Locations where stabilization practices will be employed;
(g) 
Areas which will be vegetated following construction;
(h) 
Wetlands and area extent of wetland acreage on the site and locations where stormwater is discharged to a surface water or wetland;
(i) 
Information on whether listed endangered or threatened species or critical habitats are found in proximity to the construction activity and whether such species may be affected by the applicant's stormwater discharges or stormwater-discharge-related activities; and
(j) 
Information on whether listed historic properties are found on the site and how to address the applicant's stormwater discharges or stormwater-discharge-related activities.
(3) 
Each SWPPP shall include a description of appropriate controls and measures (i.e., best management practices) that will be implemented at the site to prevent pollutants in stormwater discharges from reaching waters of the United States. The description of erosion controls shall include, when appropriate, the following minimum requirements:
(a) 
Description of interim and permanent stabilization practices, including a schedule for implementing the practices. Site plans shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized;
(b) 
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site;
(c) 
Management of overland flow at all sites, unless otherwise controlled by outfall controls;
(d) 
Trapping of sediment in channelized flow;
(e) 
Staging construction to limit bare areas subject to erosion;
(f) 
Protection of downslope drainage inlets where they occur;
(g) 
Minimization of tracking at all sites;
(h) 
Cleanup of off-site sediment deposits;
(i) 
Proper disposal of building and waste materials at all sites;
(j) 
Stabilization of drainageways;
(k) 
Installation of permanent stabilization practices as soon as possible after final grading; and
(l) 
Minimization of dust to the maximum extent practicable.
(4) 
No solid materials, including building materials, may be discharged in violation of applicable laws.
(5) 
Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide a nonerosive flow velocity from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected (e.g., no significant changes in the hydrological regime of the receiving water).
(6) 
The Director may, upon request of a permittee or upon finding of just cause, grant modifications to the compliance and reporting schedules or any requirements of a stormwater discharge permit.
(7) 
All erosion and sediment control measures and other protective measures identified in the SWPPP must be maintained in effective operating condition.
(8) 
The SWPPP shall clearly identify the contractor(s) and subcontractor(s) that will install and maintain erosion control and stormwater management measures.
B. 
Stormwater management plan requirements. Pollution caused by stormwater discharges from the site after construction is completed, including but not limited to rooftops, parking lots, roadways and the maintenance of grassed areas, shall be addressed by a stormwater management plan. Such plans shall be a requirement of any stormwater individual permit and for stormwater general permits for discharges related to nonconstruction activity.
(1) 
Practices during construction. The plan shall include a description of management practices that will be installed during the construction process to control peak flow, pollutants and runoff volume that will occur after construction operations have been completed. Stormwater management practices shall be in accordance with applicable federal and tribal regulations. To the extent feasible, the plan shall consider efforts to increase on-site infiltration through conveyance, depression storage and reduction of impervious areas.
(2) 
Long-term practices. For any permanent structures, provisions shall be made for long-term maintenance. Long-term maintenance provisions for stormwater management structures should be made with the Tribe.
(3) 
Management practices. Stormwater management practices to control impacts from runoff volume and pollutants may include, but are not limited to, infiltration systems, flow attenuation, constructed wetlands, temporary or permanent ponds, combinations of these practices, or other methods which do not cause significant adverse impact on the receiving water or groundwater.
C. 
Retention of records.
(1) 
Documents. The permittee shall retain copies of all reports required by the permit, and records of all data used to complete the notice of intent to be covered by the permit, for a period of at least three years from the date that the site is finally stabilized. This period may be extended by request of the Director at any time.
(2) 
Accessibility. The permittee shall retain a copy of the stormwater pollution prevention plan and the stormwater management plan required by this permit (including a copy of the permit language) at the construction site (or other local location accessible to the Director or tribal agency approving sediment and erosion plans, grading plans, or stormwater management plans or the operator of a municipal separate storm sewer receiving discharges from the site) from the date of project initiation to the date of final stabilization.
D. 
Standard permit conditions.
(1) 
Continuation of the expired general permit. If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act[1] and remain in force and effect. Any permittee who was granted permit coverage prior to the expiration date will automatically remain covered by the continued permit until the earlier of:
(a) 
Reissuance or replacement of this permit, at which time the permittee must comply with the notice of intent conditions of the new permit to maintain authorization to discharge;
(b) 
The permittee's submittal of a notice of termination;
(c) 
Issuance of an individual permit for the permittee's discharges; or
(d) 
A formal permit decision by the Director not to reissue this general permit, at which time the permittee must seek coverage under an alternative general permit or an individual permit.
[1]
Editor's Note: See Ch. 12, Administrative Procedures, of this Code.
(2) 
Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.
(3) 
Duty to provide information. The permittee shall furnish to the Director or an authorized representative of the Director any information that is requested to determine compliance with this permit or other information.
(4) 
Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the CWA or Section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).
(5) 
Tribal environmental laws.
(a) 
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or tribal law or regulation under authority preserved by Section 518 of the Act.
(b) 
No condition of this permit shall release the permittee from any responsibility or requirements under other environmental statutes or regulations or ordinances.
(6) 
Inspection and entry. The permittee shall allow the Director or an authorized representative of the EPA, or an authorized representative of the Tribe, and, where appropriate, in the case of a construction site which discharges through a municipal separate storm sewer, an authorized representative of the municipal owner/operator of the separate storm sewer receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to:
(a) 
Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;
(b) 
Have access to and copy at reasonable times any records that must be kept under the conditions of this permit; and
(c) 
Inspect at reasonable times any facilities or equipment (including monitoring and control equipment).
(7) 
Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
E. 
Endangered species. To receive coverage under this general permit, applicants must assess the potential effects of their stormwater discharges and stormwater-discharge-related activities on listed species and their critical habitat. To make this assessment, applicants must follow the steps outlined below prior to completing and submitting the notice of intent (NOI) form:
(1) 
Determine if the construction site is found within designated critical habitat for listed species.
(2) 
Determine if listed species are located in the county(ies) where the construction activity will occur.
(3) 
Determine if any federally listed endangered and threatened species may be present in the project area.
(4) 
Determine if listed species or critical habitats are likely to be adversely affected by the construction activity's stormwater discharges or stormwater-discharge-related activities.
(5) 
Determine if measures can be implemented to avoid any adverse effects.
(6) 
Determine if the eligibility requirements can be met as follows:
(a) 
The stormwater discharges and stormwater-discharge-related activities are not likely to adversely affect listed species or critical habitat;
(b) 
Formal or informal consultation with the Fish and Wildlife Service (and/or the National Marine Fisheries Service) under Section 7 of the Endangered Species Act (ESA) has been concluded which addresses the effects of the applicant's stormwater discharges and stormwater-discharge-related activities on listed species and critical habitat and the consultation results in either a no jeopardy opinion or a written concurrence by the Service(s) on a finding that the applicant's stormwater discharges and stormwater-discharge-related activities are not likely to adversely affect listed species or critical habitat. A Section 7 consultation may occur in the context of another federal action [e.g., an ESA Section 7 consultation was performed for issuance of a wetlands dredge and fill permit for the project or as part of a National Environmental Policy Act (NEPA) review];
(c) 
The applicant's construction activities are authorized under Section 10 of the ESA and that authorization addresses the effects of the applicant's stormwater discharges and stormwater-discharge-related activities on listed species and critical habitat; or
(d) 
The applicant's stormwater discharges and stormwater-discharge-related activities were already addressed in another operator's certification of eligibility that included the applicant's project area. By certifying eligibility the applicant agrees to comply with any measures or controls upon which the other operator's certification was based.
A. 
Notice of intent (NOI) requirements for construction activity.
(1) 
Deadlines for notification.
(a) 
The operator(s) must submit a notice of intent (NOI) in accordance with the requirements at least two days prior to the commencement of construction activities (i.e., the initial disturbance of soils associated with clearing, grading, excavation activities, or other land disturbing activities).
(b) 
Due to their day-to-day operational control over activities at a project, the operators must ensure compliance with a stormwater pollution prevention plan or other permit conditions (e.g., general contractor or erosion control contractor must submit an NOI at least two days prior to commencing work on site).
(c) 
For stormwater discharges from construction projects where the operator changes, including instances where an operator is added after an NOI has been submitted, the new operator must submit an NOI at least two days before assuming operational control over site specifications or commencing work on site.
(d) 
Operators are not prohibited from submitting late NOI. When a late NOI is submitted, authorization is only for discharges that occur after permit coverage is granted. The Department reserves the right to take appropriate enforcement for any unpermitted activities that may have occurred between the time construction commenced and authorization of future discharges is granted (typically two days after a complete NOI is submitted).
(e) 
Sources excluded from this general permit solely because they already have an individual permit may request that the individual permit be revoked and that it be covered by the general permit. Upon revocation of the individual permit, the general permit shall apply to the source.
(2) 
Contents of NOI. The NOI form shall be signed and shall include the following information:
(a) 
The name, address, and telephone number of the operator filing the NOI for permit coverage.
(b) 
An indication of whether the operator is a federal, tribal, private or other public entity.
(c) 
The name (or other identifier), address, county, and latitude/longitude of the construction project or site.
(d) 
An indication of whether the project or site is located within Indian country.
(e) 
Confirmation that a stormwater pollution prevention plan (SWPPP) has been developed prior to commencing construction activities. Copies of SWPPPs or permits should not be included with the NOI submission.
(f) 
Optional information: the location where the SWPPP may be viewed and the name and telephone number of a contact person for scheduling viewing times.
(g) 
The name of the receiving water(s).
(h) 
Estimates of project start and completion dates and estimates of the number of acres of the site on which soil will be distributed (if less than one acre, enter "1").
(i) 
Based on the instructions in § 512-30E, whether any listed or proposed threatened or endangered species, or designated critical habitats, are in proximity to the stormwater discharges or stormwater-discharge-related activities to be covered by this permit, and the applicant is certifying eligibility.
(3) 
Where to submit. A NOI must be signed and sent to the following address:
Stormwater Notice of Intent
Environmental Services Department
Menominee Indian Tribe of Wisconsin
Menominee Forestry and Environmental Resources Center
P.O. Box 670
Keshena, WI 54135
(715) 799-4937
B. 
Notice of intent requirements for nonconstruction activity.
(1) 
Operators of nonmunicipal sources shall seek coverage under a stormwater permit that requires:
(a) 
A site map showing topography [or indicating the outline of drainage areas served by the outfall(s) covered in the application if a topographic map is unavailable] of the facility, including each of its drainage and discharge structures; the drainage area of each stormwater outfall; paved areas and buildings within the drainage area of each stormwater outfall; each past or present area used for outdoor storage or disposal of significant materials; each existing structural control measure to reduce pollutants in stormwater runoff; each materials loading and access area; each area where pesticides, herbicides, soil conditioners and fertilizers are applied; each area used for hazardous waste treatment, storage or disposal facilities; each well where fluids from the facility are injected underground; and springs and other surface water bodies and wetlands which receive stormwater discharges from the facility.
(b) 
An estimate of the area of impervious surfaces (including paved areas and building roofs) and the total area drained by each outfall (within a mile radius of the facility) and a narrative description of the following: significant materials that in the three years prior to the submittal of this application have been treated, stored or disposed in a manner to allow exposure to stormwater; method of treatment, storage or disposal of such materials; materials management practices employed, in the three years prior to the submittal of this application, to minimize contact by these materials with stormwater runoff; materials loading and access areas; the location, manner and frequency in which pesticides, herbicides, soil conditioners and fertilizers are applied; the location and a description of existing structural and nonstructural control measures to reduce pollutants in stormwater runoff; and a description of the treatment the stormwater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge.
(c) 
A certification that all outfalls that should contain stormwater discharges associated with industrial activity have been tested or evaluated for the presence of nonstormwater discharges which are not covered by a stormwater permit; tests for such nonstormwater discharges may include smoke tests, fluorometric dye tests, analysis of accurate schematics, as well as other appropriate tests. The certification shall include a description of the method used, the date of any testing, and the on-site drainage points that were directly observed during a test.
(d) 
Existing information regarding significant leaks or spills of toxic or hazardous pollutants at the facility that have taken place within the three years prior to the submittal of this application.
(e) 
Quantitative data based on samples collected during storm events and collected in accordance with 40 CFR 122.21 from all outfalls containing a stormwater discharge associated with industrial activity for the following parameters:
[1] 
Any pollutant limited in an effluent guideline to which the facility is subject;
[2] 
Any pollutant listed in the facility's NPDES permit for its process wastewater (if the facility is operating under an existing NPDES permit);
[3] 
Oil and grease, pH, BOD, COD, TSS, total phosphorus, total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;
[4] 
Flow measurements or estimates of the flow rate, and the total amount of discharge for the storm event(s) sampled, and the method of flow measurement or estimation; and
[5] 
The date and duration (in hours) of the storm event(s) sampled, rainfall measurements or estimates of the storm event (in inches) which generated the sampled runoff and the duration between the storm event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm event (in hours).
(2) 
An operator of an existing or new stormwater discharge that is associated with industrial activity shall also provide the following in addition to information listed above:
(a) 
Proposed measures, including best management practices, to control pollutants in stormwater discharges during construction, including a brief description of applicable state and local erosion and sediment control requirements;
(b) 
Proposed measures to control pollutants in stormwater discharges that will occur after construction operations have been completed, including a brief description of applicable state or local erosion and sediment control requirements; and
(c) 
An estimate of the runoff coefficient of the site and the increase in impervious area after the construction addressed in the permit application is completed, the nature of fill material and existing data describing the soil or the quality of the discharge.
(3) 
The operator of an existing or new discharge composed entirely of stormwater from an oil or gas exploration, production, processing, or treatment operation or transmission facility is not required to submit a permit application, unless the facility:
(a) 
Has had a discharge of stormwater resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 117.21 or 40 CFR 302.6 at any time since November 16, 1987; or
(b) 
Has had a discharge of stormwater resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 110.6 at any time since November 16, 1987; or
(c) 
Contributes to a violation of a water quality standard.
(4) 
The operator of an existing or new discharge composed entirely of stormwater from a mining operation is not required to submit a permit application unless the discharge has come into contact with any overburden, raw material, intermediate products, finished product, by-product or waste products located on the site of such operations.
(5) 
Applicants shall provide such other information the Director may reasonably require to determine whether to issue a permit.
(6) 
Nonconstruction activity that require a stormwater permit:
(a) 
Noncontact cooling water, condensate and boiler blowdown.
(b) 
Contaminated groundwater from remedial action operations.
(c) 
Petroleum contaminated water.
(d) 
Pit/trench dewatering.
(e) 
Concrete products operations.
(f) 
Nonmetaline mining operations.
(g) 
Swimming pool facilities.
(h) 
Potable water treatment and conditioning.
(i) 
Dredging operations: carriage and interstitial water.
(j) 
Hydrostatic test water and water supply system water.
(k) 
Nondomestic wastewater to subsurface absorption systems.
(l) 
Land application of liquid wastes.
(m) 
Land application of food processing by-product solids.
(n) 
Asphalt operations using wet scrubbers.
(o) 
Outside washing of vehicles, equipment and other objects.
(p) 
Bypasses and overflows from sanitary sewer collection systems.
(7) 
Conditional exclusion for no exposure of industrial activities and materials to stormwater. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is no exposure of industrial materials and activities to rain, snow, snowmelt and/or runoff and the discharger satisfies all conditions. "No exposure" means that all industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
(a) 
Qualification. To qualify for this exclusion, the operator of the discharge must:
[1] 
Provide a storm-resistant shelter to protect industrial materials and activities from exposure to rain, snow, snowmelt, and runoff;
[2] 
Complete and sign (according to 40 CFR 122.22) a certification that there are no discharges of stormwater contaminated by exposure to industrial materials and activities from the entire facility;
[3] 
Submit the signed certification to the NPDES permitting authority once every five years;
[4] 
Allow the Director to inspect the facility to determine compliance with the "no exposure" conditions;
[5] 
Allow the Director to make any "no exposure" inspection reports available to the public upon request; and
[6] 
For facilities that discharge through an MS4, upon request, submit a copy of the certification of no exposure to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator.
(b) 
Industrial materials and activities not requiring storm-resistant shelter. To qualify for this exclusion, a storm-resistant shelter is not required for:
[1] 
Drums, barrels, tanks, and similar containers that are tightly sealed, provided that those containers are not deteriorated and do not leak ("sealed" means banded or otherwise secured and without operational taps or valves);
[2] 
Adequately maintained vehicles used in material handling; and
[3] 
Final products, other than products that would be mobilized in stormwater discharge (e.g., rock salt).
(c) 
Limitations.
[1] 
Stormwater discharges from construction are not eligible for this conditional exclusion.
[2] 
This conditional exclusion from the requirement for a NPDES permit is available on a facility-wide basis only, not for individual outfalls. If a facility has some discharges of stormwater that would otherwise be "no exposure" discharges, individual permit requirements should be adjusted accordingly.
[3] 
If circumstances change and industrial materials or activities become exposed to rain, snow, snowmelt, and/or runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for unpermitted discharge. Any conditionally exempt discharger who anticipates changes in circumstances should apply for and obtain permit authorization prior to the change of circumstances.
[4] 
Notwithstanding the provisions of this subsection, the NPDES permitting authority retains the authority to require permit authorization (and deny this exclusion) upon making a determination that the discharge causes, has a reasonable potential to cause, or contributes to an in-stream excursion above an applicable water quality standard, including designated uses.
(d) 
Certification. The "no exposure" certification must require the submission of the following information, at a minimum, to aid the NPDES permitting authority in determining if the facility qualifies for the "no exposure" exclusion:
[1] 
The legal name, address and phone number of the discharger;
[2] 
The facility name and address, the county name and the latitude and longitude where the facility is located;
[3] 
The certification must indicate that none of the following materials or activities are, or will be in the foreseeable future, exposed to precipitation:
[a] 
Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to stormwater;
[b] 
Materials or residuals on the ground or in stormwater inlets from spills/leaks;
[c] 
Materials or products from past industrial activity;
[d] 
Material handling equipment (except adequately maintained vehicles);
[e] 
Materials or products during loading/unloading or transporting activities;
[f] 
Materials or products stored outdoors (except final products intended for outside use, e.g., new cars, where exposure to stormwater does not result in the discharge of pollutants);
[g] 
Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers;
[h] 
Materials or products handled/stored on roads or railways owned or maintained by the discharger;
[i] 
Waste material (except waste in covered, nonleaking containers, e.g., dumpsters);
[j] 
Application or disposal of process wastewater (unless otherwise permitted); and
[k] 
Particulate matter or visible deposits of residuals from roof stacks/vents not otherwise regulated, i.e., under an air quality control permit, and evident in the stormwater outflow.
[4] 
All "no exposure" certifications must include the following certification statement and be signed in accordance with the signatory requirements of 40 CFR 122.22:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of no exposure and obtaining an exclusion from NPDES stormwater permitting and that there are no discharges of stormwater contaminated by exposure to industrial activities or materials from the industrial facility identified in this document. I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to the operator of the local MS4 into which this facility discharges (where applicable). I understand that I must allow the NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under a NPDES permit prior to any point source discharge of stormwater from the facility. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly involved in gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.