Page 13 - California Stormwater Workshop Handouts

Industrial General Permit Order

D. Effluent Limitations

31. Section 301(b) of the Clean Water Act and 40 Code of Federal Regulations
section require NPDES permits to include technology-based requirements at
a minimum, and any more stringent effluent limitations necessary for
receiving waters to meet applicable water quality standards. Clean Water Act
section 402(p)(3)(A) requires that discharges of storm water runoff from
industrial facilities comply with Clean Water Act section 301.

32. This General Permit requires control of pollutant discharges using BAT and
BCT to reduce and prevent discharges of pollutants, and any more stringent
effluent limitations necessary for receiving waters to meet applicable water
quality standards.

33. It is not feasible for the State Water Board to establish numeric technology
based effluent limitations for discharges authorized by this General Permit at
this time. The rationale for this determination is discussed in detail in the Fact
Sheet of this General Permit. Therefore, this General Permit requires
Dischargers to implement minimum BMPs and applicable advanced BMPs as
defined in Section X.H (collectively, BMPs) to comply with the requirements of
this General Permit. This approach is consistent with U.S. EPA’s 2008 Multi-
Sector General Permit for Stormwater Discharges Associated with Industrial
Activity (2008 MSGP).

34. 40 Code of Federal Regulations section 122.44(d) requires that NPDES
permits include Water Quality Based Effluent Limitations (WQBELs) to attain
and maintain applicable numeric and narrative water quality standards for
receiving waters.

35. Where numeric water quality criteria have not been established, 40 Code of
Federal Regulations section 122.44(d)(1)(vi) provides that WQBELs may be
established using U.S. EPA criteria guidance under section 304(a) of the
Clean Water Act, a proposed state criteria or policy interpreting narrative
criteria supplemented with other relevant information, and/or an indicator
parameter.

36. This General Permit requires Dischargers to implement BMPs when
necessary, in order to support attainment of water quality standards. The use
of BMPs to control or abate the discharge of pollutants is authorized by
40 Code of Federal Regulations section 122.44(k)(3) because numeric
effluent limitations are infeasible and implementation of BMPs is reasonably
necessary to achieve effluent limitations and water quality standards, and to
carry out the purposes and intent of the Clean Water Act. (40 C.F.R. §
122.44(k)(4).)

E. Receiving Water Limitations

37. This General Permit requires compliance with receiving water limitations
based on water quality standards. The primary receiving water limitation
requires that industrial storm water discharges and authorized NSWDs not

Order 2014-0057-DWQ 5