Page 211 - California Stormwater Workshop Handouts
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APPENDIX 2
INSTRUCTIONS FOR NO EXPOSURE CERTIFICATION (NEC)
evaluation of the facility must be conducted by facility Q2. How does an eligible Discharger file for NEC
personnel familiar with the facility and its operations. coverage and where is the annual fee sent?
Inspect all facility areas and potential pollutant sources
to determine whether the facility satisfies the “No A. The PRDs for NEC coverage shall be electronically
Exposure” conditions. certified and submitted in accordance with the
instructions provided in SMARTS at the State Water
Step 3: Electronically certify and submit the PRDs for Board website at:
NEC coverage via SMARTS and mail the annual fee to https://smarts.waterboards.ca.gov/smarts/faces/SwSma
the State Water Board at the following address:
rtsLogin.jsp. The fee is currently $242, but may be
SWRCB
Surface Water Permitting Section changed by regulation. Once NEC coverage is
accepted, an invoice will be electronically sent to the
PO Box 1977 Discharger. The annual fee and invoice shall be sent
Sacramento, CA 95812-1977 to:
To maintain NEC coverage, the NEC must re-certify
and pay a fee annually. This may only be done if the State Water Resources Control Board
condition of “No Exposure” continues to exist at the Division of Water Quality
facility. Attention: Industrial Storm Water Unit
P.O. Box 1977
Step 4: If requested, staff from the Water Boards, local Sacramento, CA 95812-1977
Municipal Separate Storm Sewer System (MS4), or
United States Environmental Protection Agency must Q3. If my facility’s storm water discharges are covered
be allowed to inspect your facility. All inspection reports by an individual permit, can I file for NEC coverage?
will be made publicly available.
A. Yes. Storm water discharges covered by an individual
Step 5: Maintain a condition of “No Exposure”. permit are eligible for NEC coverage if the conditions at
the facility satisfy the definition of “No Exposure” and
NEC coverage is not a blanket exemption. Therefore, you obtain approval to terminate individual permit
if facility physical or operational changes occur which coverage from the local Regional Water Board prior to
cause exposure of industrial activities or materials to PRD submittal. Approval from the Regional Water
storm water, the Discharger must then immediately Board is mandatory. Many individual permits, for
comply with all the requirements of this General example, contain numeric storm water effluent
Permit, including obtaining NOI coverage as limitations ("antibacksliding" provisions may prevent
applicable. these facilities from qualifying for the “No Exposure”
conditional exclusion).
To maintain the condition of “No Exposure”, the
Discharger shall annually evaluate the facility to Q4. My facility was originally excluded from the Phase I
assure that the conditions of “No Exposure” still exist. regulations because it was classified as a "light
More frequent evaluations may be necessary in industrial facility". The facility has never had any
circumstances when facility operations are rapidly exposure to storm water runoff. Do I now need to
changing. certify that the facility meets the No Exposure
Exclusion from NPDES Storm Water Permitting?
Failure to maintain the condition of “No Exposure” or
otherwise obtain NOI coverage may lead to the A. Yes. See answer provided to question number 9,
unauthorized discharge of storm water associated "What is the exclusion ”conditional” upon?"
with industrial activity to waters of the United States,
resulting in penalties under the CWA and Water Q5. Do I have to file a Notice of Termination (NOT) and
Code. a register for NEC coverage if my facility has NOI
coverage and qualifies for NEC coverage?
C. Frequently Asked Questions:
A. No. You are only required to register for NEC
Q1. Who is eligible for NEC Coverage? coverage. You must provide the WDID# in your NEC
coverage PRDs in order for the State Water Board to
A. Any Discharger operating a facility described in change permit coverage status.
Attachment A may register for NEC coverage if their
facility has a condition of “No Exposure”. Q6. When and how often is a NEC coverage re-
certification required?
Order 2014-0057-DWQ 6
