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GeoInsighter Summer/Fall
2003 Newsletter
Return to the Newsletter Index The Connecticut Department of Environmental Protection (CTDEP) modified and reissued its “General Permit for the Discharge of Stormwater Associated with Industrial Activity” (General Permit) on July 15, 2003. The General Permit was initially reissued in October 2002 with little change from the October 1997 version. The October 2002 reissue occurred as the General Permit was about to expire and, due to legal challenges, the CTDEP could not at that time implement the Stormwater Phase II components of the modified General Permit.
On August 7, 2003, all previously registered
facilities received a mailing from the CTDEP announcing issue of the
modified General Permit, requesting renewal applications, and providing
guidance as to the changes contained in the new General Permit. Most of
the changes have been communicated repeatedly over the past year by the
CTDEP during outreach seminars. However, the guidance document may not
clearly represent some of the changes and what they will mean to those
facilities regulated by this General Permit. Phase II Modifications The two modifications attributed to implementation of the federal Phase II requirements are the inclusion of all municipal treatment works with a design capacity of greater than 1 million gallons per day (MGD) in the definition of “industrial activity” and the adoption of the “No Exposure Certification.” Because most Connecticut sewage treatment plants are designed to handle more than 1 MGD, the change in the definition of “industrial activity” will require a number of new registrations and development of Storm Water Pollution Prevention (SWPP) Plans. Because United States Environmental Protection Agency’s (USEPA’s) Spill Prevention, Control and Countermeasure (SPCC) planning requirements are generally applicable to municipal treatment works, combining SPCC and SWPP planning requirements could minimize the impact of the recent changes. Under the “No Exposure Certification,” facilities meeting the Category 10 definition, generally referred to as light industry, can gain an exemption from registration, SWPP planning, storm water monitoring, and record keeping and reporting requirements. Using CTDEP forms, facilities desiring this exemption must certify that there are no materials, equipment, processes, wastes, or products exposed to storm water. Unlike the USEPA, which expanded eligibility for the “No Exposure Certification” under Phase II, the CTDEP did not offer this exemption to other industrial categories because of its view that an expansion would be regulatory backsliding. For the most part, the rest of the significant modifications can be assembled into three groups:
Certifications The CTDEP states within Section 5(b)(1)(B) that the SWPP Plan needs to be re-certified only “if substantial changes have been made on-site or to the Plan since its inception.” However, the General Permit requires specific words for Non-Stormwater Discharges and Plan certifications and these words have been modified. Coupled with the other modifications to be discussed, a facility should consult with the Professional Engineer (PE) that certified the Plan originally to evaluate whether the amended certification language is valid for the particular facility’s situation. Furthermore, the facility’s general manager or person responsible for environmental compliance generally signs the SWPP Plan. Under the General Permit, if someone other than a responsible corporate officer is to sign the Plan or any records or reports required by the General Permit, then the Plan must contain a statement by the corporation authorizing that person’s signature. Monitoring Requirements As of the current sampling year, monitoring should only include the ten standard parameters contained in the new General Permit. Monitoring for fecal coliform bacteria and non-storm water parameters covered by another discharge permit is no longer required. Additionally, the CTDEP clarified that sample collection only needs to be initiated within the first 30 minutes of discharge; whereas, it was previously required to be completed in the first 30 minutes. Facilities should remember that the clock does not begin when the rain starts. A light rain may not cause discharge for much greater than 30 minutes and at some facilities, discharge may not occur even during the heaviest storms. Monitoring exemptions for most facilities have remained unchanged and typically will carry over from the previous to the current general permits. However, for municipal facilities and companies with less than 25 employees, there has been a significant change. Previously, these facilities only needed to monitor beyond the first year if directed to do so by the CTDEP. Now, these facilities are only exempt for the balance of the permit term if they meet all of the parameter goals. Future Considerations In the new General Permit, the CTDEP has clarified its expectations regarding covering of exposed materials. Anyone dealing with storm water regulations has become numbed by the relentless reminders to keep dumpsters covered and in good condition. To expand on this practice, the CTDEP is now requiring existing facilities to identify in their Plans “any additional areas of the site where it may be appropriate to construct a permanent roof or cover over exposed materials.” Most manufacturing facilities (Categories 2 and 10) constructed after July 15, 2003 will be required to cover all such areas. Furthermore, for all industrial activities initiated after July 15, 2003, the General Permit requires that loading docks be protected from rainfall with a permanent roof or other structure and designed to prevent any spills from entering the storm sewer system. Finally, the use of canvas or other types of tarp for the covering of road salt or sand/salt piles is allowed only as a temporary measure. In closing, the modified General Permit is generally an improvement over its predecessor with more reasonable monitoring requirements and otherwise relatively few significant changes. However, a careful review of the new General Permit in light of specific site conditions is advised. Although the modified General Permit doesn’t contain significant new or more restrictive requirements, most Plans will need to be amended to address the changes flagged in this article.
Eric C. Watters
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