Page 9 - California Stormwater Workshop Handouts

Industrial General Permit Order

I. FINDINGS

A. General Findings

The State Water Resources Control Board (State Water Board) finds that:

1. The Federal Clean Water Act (Clean Water Act) prohibits certain discharges
of storm water containing pollutants except in compliance with a National
Pollutant Discharge Elimination System (NPDES) permit. (33 U.S.C. §§ 1311,
1342 (also referred to as Clean Water Act §§ 301, 402).) The United States
Environmental Protection Agency (U.S. EPA) promulgates federal regulations
to implement the Clean Water Act’s mandate to control pollutants in storm
water discharges. (40 C.F.R. § 122, et seq.) The NPDES permit must
require implementation of Best Available Technology Economically
Achievable (BAT) and Best Conventional Pollutant Control Technology (BCT)
to reduce or prevent pollutants in storm water discharges and authorized non-
storm water discharges (NSWDs). The NPDES permit must also include
additional requirements necessary to implement applicable water quality
objectives or water quality standards (water quality standards, collectively).

2. On November 16, 1990, U.S. EPA promulgated Phase I storm water
regulations in compliance with section 402(p) of the Clean Water Act.
(55 Fed. Reg. 47990, codified at 40 C.F.R. § 122.26.) These regulations
require operators of facilities subject to storm water permitting (Dischargers),
that discharge storm water associated with industrial activity (industrial storm
water discharges), to obtain an NPDES permit. Section 402(p)(3)(A) of the
Clean Water Act also requires that permits for discharges associated with
industrial activity include requirements necessary to meet water quality
standards.

3. Phase II storm water regulations1 require permitting for storm water
discharges from facilities owned and operated by a municipality with a
population of less than 100,000. The previous exemption from the Phase I
permitting requirements under section 1068 of the Intermodal Surface
Transportation Efficiency Act of 1991 was eliminated.

4. This Order (General Permit) is an NPDES General Permit issued in
compliance with section 402 of the Clean Water Act and shall take effect on
July 1, 2015, provided that the Regional Administrator of U.S. EPA has no
objection. If the U.S. EPA Regional Administrator has an objection, this
General Permit will not become effective until the objection is withdrawn.

5. This action to adopt an NPDES General Permit is exempt from the provisions
of the California Environmental Quality Act (Pub. Resources Code, § 21000,
et seq.) in accordance with section 13389 of the Water Code. (See County of

1 U.S. EPA. Final NPDES Phase II Rule. <http://cfpub.epa.gov/npdes/stormwater/swfinal.cfm>. [as of February 4,
2014]

Order 2014-0057-DWQ 1