Page 97 - California Stormwater Workshop Handouts

Industrial General Permit Fact Sheet

facilities must be covered by this General Permit unless (1) they are already covered
by another NPDES permit, or (2) the Regional Water Board has determined that an
NPDES permit is not required because the site has been stabilized or required
closure activities have been completed.

In most cases, it is appropriate for new landfill construction or final closure to be
covered by the Construction General Permit, rather than this General Permit.
Questions have arisen as to what constitutes new landfill construction at an existing
landfill versus the normal planned expansion of a landfill. Similarly, questions have
arisen about the type of closure activities that may be subject to the Construction
General Permit versus the normal closure of “cells” that occurs during continued
landfill operations and are not subject to the Construction General Permit. Other
questions such as whether temporary or permanent newly graded/paved roads
disturbing greater than one acre at a landfill are subject to the Construction General
Permit. Landfill Dischargers have asked for clarity regarding these questions. The
previous permit required Dischargers to contact the Regional Water Boards to
determine permit appropriateness. Site specific circumstances continue to require
Dischargers to contact Regional Water Boards for final determinations.

Based upon the State Water Board’s storm water program history, there are only a
handful of instances where an operating landfill has been simultaneously subject to
both the construction and industrial permitting requirements. Typically a landfill is
subject to the construction permitting requirements during the time the landfill is
initially constructed and prior to operation. A landfill is subject to the industrial
permitting requirements during landfill operations, and subject to the construction
permitting requirements during final landfill closure activities.

Once a landfill begins operations, continued expansion or closure of incremental
landfill cells is authorized under the industrial permitting requirements since these
are normal aspects of landfill operations. These expansion/closure activities occur
within a limited timeframe (often taking less than 90 days from beginning to end) and
are not separately subject to additional local approval (e.g., a new building permit).
Any construction or demolition of temporary non-impervious roads directly related to
landfill operations are subject to the industrial permitting requirements.

Construction or closure of a separate section of the landfill that is either subject to
additional permitting by the local authorities and/or lasts more than 90 days requires
coverage under the Construction General Permit. Construction of permanent facility
structures such as buildings and impervious parking lots or roads that disturb greater
than one acre are also subject to the Construction General Permit. (Permanent
facility structures are defined as any structural improvements designed to remain
until the landfill is closed.)

Site specific circumstances such as proximity to nearby waterways, extent of
activities, pollutants of concern, and other considerations can impact any decision as
to whether a particular activity is to be regulated under this General Permit or the
Construction General Permit. Regional Water Boards will continue to exercise their
discretion as necessary to protect the beneficial uses of the receiving water(s).

Order 2014-0057-DWQ 13