Page 212 - California Stormwater Workshop Handouts
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APPENDIX 2
INSTRUCTIONS FOR NO EXPOSURE CERTIFICATION (NEC)
A. Re-certification of NEC coverage is required annually public documents and will be available for public review
(assuming the facility maintains its “No Exposure” via SMARTS.
status). The State Water Board will electronically
transmit an NEC re-certification and annual fee Q10. Can secondary containment around an outdoor
notification to each facility operator who has filed for exposed area qualify for a condition of “No
NEC coverage. Exposure”?
New Dischargers must register for NEC coverage A. If secondary containment is engineered to always
before the commencement of facility operations. prevent a discharge of collected rainfall (based on the
Dischargers that fail to file for NEC coverage or apply historical rainfall record) and a simultaneous spill of any
for NOI coverage before the commencement of facility other industrial materials or liquids, the “No Exposure”
operations will be out of compliance and subject to condition may be claimed. Note that there must be
enforcement. proper disposal of any water or liquids collected from
the containment (i.e., discharged in compliance with
Existing Dischargers have two options for submitting another NPDES permit, treated and discharged to the
NECs: sanitary sewer, or trucked offsite to an appropriate
disposal/treatment facility).
1. Facility operators of “light industrial” facilities who
have been operating under their original, no- D. NEC Checklist
certification-required permitting exemption must
submit the NEC at any time prior to October 1, An NEC Checklist must be prepared by the Discharger
2015. Dischargers who have not submitted an NEC demonstrating that: (1) the facility has been evaluated, (2)
or applied for permit coverage by this due date will none of the following materials or activities are, or will be in
be considered out of compliance and subject to the foreseeable future, exposed to precipitation, and (3) all
Water Board enforcement. unauthorized NSWDs have been eliminated:
2. Dischargers who have NOI coverage may register 1. Using, storing or cleaning industrial machinery or
for NEC coverage at any time following completion equipment, and areas where residuals from using,
of facility changes that result in the condition of “No storing or cleaning industrial machinery or
Exposure”. equipment remain and are exposed;
Q7. What happens if I know of changes that may cause 2. Materials or residuals on the ground or in storm
exposure? water inlets from spills/leaks;
A. If exposure has the potential to occur in the near future 3. Materials or products from past industrial activity;
due to some anticipated change at the facility, the
Discharger must obtain NOI coverage to avoid potential 4. Material handling equipment (except adequately
enforcement for violations of this General Permit. maintained vehicles);
Q8. Is the NEC coverage transferable to a new 5. Materials or products during loading/unloading or
Discharger? transporting activities;
A. No. If a new operator takes over your facility, the new 6. Materials or products stored outdoors (except final
operator must register for new NEC coverage prior to products intended for outside use, i.e., new cars,
the transfer. A new application fee is required. where exposure to storm water does not result in
the discharge of pollutants);
Q9. What is the exclusion "conditional" upon?
7. Materials contained in open, deteriorated or leaking
A. The exclusion from permit coverage requirements is storage drums, barrels, tanks, and similar
“conditional” upon the certification of the Discharger that containers;
the facility does not have exposure of materials or
activities to storm water. PRDs for NEC coverage shall 8. Materials or products handled/stored on roads or
be electronically submitted to the State Water Board railways owned or maintained by the Discharger;
and will not be accepted if incomplete. The Regional
Water Board may review the information, contact and/or 9. Waste material (except waste in covered, non-
inspect the facility, and invalidate the NEC and require leaking containers, i.e., dumpsters);
the Discharger to obtain NOI coverage. PRDs are
7
Order 2014-0057-DWQ
