Compliance Review:

MN 2020-2025 Industrial StormwaterGeneral Permit

December 3, 2019

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Agenda

What is Stormwater?

Why does it matter?

Who does it apply to?

• General Industry Activities

Steps to Compliance

– What to do in an inspection?

New Permit – 2020-2025

Enforcement and Violations

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What is Stormwater?

Surface runoff and drainage from precipitation and snowmelt

Impervious Surfaces (i.e. parking lots, rooftops, streets, etc.) prevent water from infiltrating into the ground

Stormwater’s final destination is the nearest body of water including streams, rivers, ponds, lakes, and oceans

MPCA Stormwater manual

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Why is Stormwater Pollution an Issue

Stormwater runoff picks up soils, debris, chemicals, excess phosphorous, and other pollutants and carries them to the nearest waters of the state

• Once on the ground precipitation and snow melt do one of two things:

– Infiltrate into groundwater.

– Reach our public waters (streams, rivers, ponds, lakes) untreated.

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https://www.elsegundo.org/el_segundo_green_/green_kids/learn_about_storm_water_p

ollution.asp

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The Effects of Stormwater

Stormwater runoff picks up soils, debris, chemicals, excess

phosphorous, and other pollutants and carries them to

nearest waters of the state

• Sediment is the largest non-point source pollutant in stormwater

• Nutrients and Chemicals are often attached to soil particles

– Eutrophication

– Debris

– Hazardous Waste

– Bioaccumulation

– Contaminated Drinking Water

4December 3, 2019https://www.dec.ny.gov/chemical/94150.html

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Industrial Operations

Outdoor Storage (Raw Materials, By-Products,

Finished Products)

Loading & Unloading Operations

Waste Disposal Practices

Dust/Particulate Activities

Substance Transfer Areas

Fueling of vehicles/equipment

Construction Operations

Clearing, Grading, Excavating of Land

• Vegetative and Nonvegetative

Creation of impervious surfaces

Concrete wash water

Construction Materials

Vehicle Tracking

Fueling of vehicles/equipment

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How Can We Potentially Pollute Stormwater

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Does Stormwater Apply to Me?

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Stormwater Permit Applicability

Industrial Stormwater

Any Facility engaged in one of the industrial activities below

must apply for General Permit coverage or certify for No

Exposure.

• 10 Narrative Activities

• 29 Sectors of Industrial Activity

• * List of activities located in Appendix D of the multi-sector general permit

Note: Most general industry facilities fall under one of the two permits listed above.

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Does My Facility Need an Industrial Stormwater Permit?Start Is your facility’s primary SIC

code or Narrative Activity listed on the “need a permit” list?

No ISW Permit Not Required

Examples of Materials- Raw materials- By-products- Final products- Wastes or scrap- Chemicals / Hazardous Waste- Above ground storage tanks

Do these materials or activities have to be outside?

Yes

Yes

No, they can be moved indoors or into a storm

resistant shelter

Apply for the No Exposure Exclusion

Yes

Apply for the ISW Multi-Sector

General Permit

No, there is nothing outside

Examples of Activities - Using or cleaning equipment- Loading, unloading, or moving

materials- Grinding, cutting, buffing,

blasting, or brazing- Storing materials or equipment- Vehicle fueling, washing, or

maintenance

Are any industrial materials or activities outside?

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Industrial Stormwater

General Permit Requirements

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Industrial Stormwater General Permit Requirements

Develop Stormwater Pollution Prevention Program (SWPPP)

Choose Benchmark Monitoring Locations (Outfalls)

Apply for General StormwaterPermit

Install Best Management Practices (BMPs)

Monthly Site Inspections

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Industrial Stormwater General Permit Requirements Train Staff Annually

Submit Annual Report

Maintain Facility’s BMPs

Conduct Quarterly StormwaterMonitoring for applicable parameters (i.e. Total Suspended Solids)

Review and update BMPs and SWPPP if monitoring exceeds benchmark values

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Goals of Your SWPPP

Spill response procedures

Good housekeeping

Material management practices

Stormwater discharge monitoring procedures

BMP operation and maintenance

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Housekeeping!Frequently conduct proper training of employees in good housekeeping techniques and proper

safety methods to reduce the potential that materials or equipment will be mishandled. It also

reduces the chance of injury, loss of materials, and release of contaminants.

Incorporate information sessions on good housekeeping practices into employee training programs.

Discuss good housekeeping at employee meetings.

Promote pollution prevention concepts through posters, brochures, newsletters, etc.

Post bulletin boards with updated good housekeeping procedure tips and reminders.

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Industrial Stormwater “No Exposure Exclusion”

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Industrial Stormwater Permit – No Exposure Exclusion Requirements

Industrial Activity

o Using or cleaning equipment

o Loading, unloading, or moving materials

o Grinding, cutting, buffing, blasting,

or brazing

o Storing materials or equipment

o Vehicle fueling, washing, or maintenance

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ALL Significant Industrial Materials and Activities are protected from rain, snow, snowmelt, and run-off by a storm resistant shelter.

*Note: Continued compliance for “No Exposure Exclusion”

must be maintained

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Industrial Stormwater Permit – No Exposure Exclusion Requirements

Industrial Materials

o Raw materials

o By-products

o Final products

o Wastes or scrap

o Chemicals / Hazardous Waste

o Above ground storage tanks

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ALL Significant Industrial Materials and Activities are protected from rain, snow, snowmelt, and run-off by a storm resistant shelter.

*Note: Continued compliance for “No Exposure Exclusion”

must be maintained

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Steps to Compliance

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Compliance Requirements

• SWPPP written prior to permitting and annually reviewed. Keep revisions documented

• Monthly Visual inspections

• Annual training of storm water pollution prevention team

• Assess BMP’s regularly to ensure reduction of storm water pollution

• Conduct benchmark sampling when required

• Document all maintenance to SW BMPs

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Benchmark Monitoring• Quarterly sampling beginning July 2015 until quarterly average is benchmark

value. (4 continuous quarters)

• Sampling required for year 1 and 3 if compliant 4 quarters of sampling are

met. Continued sampling required if non-compliance of benchmarks or missed

sampling

• The quarterly stormwater monitoring report should be submitted to MPCA

within 21 days after end of monitoring period.

• No rainfall event is recorded as “no flow” and submitted to MPCA (Make up

sampling should be completed for such events)

Parameter Benchmark Values

Total Suspended Solids (TSS) 100 mg/l

*It is important to check sampling parameters

associated with each sector and subsector, based

off of SIC code.

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Records and Reports

• Dates of Inspections

• Findings of Inspections

• Corrective Action Taken (maintenance)

• Documentation of all the Changes to the SWPPP

• Record of Annual SWPPP team training

• Annual Storm Water Inspection Report to MPCA by March 30th every year (summary of previous 12 monthly inspections)

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What’s new in 2020?

New Industrial SW permit 2020-2025

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MPCA New Guidelines• Monthly inspection documentation with signature and date of

trained SWPPP team member (use MPCA form)

• Map size requirements removed (used to require 1:24,000 map scale requirement)

• Added BMP requirement for salt storage (if applicable)

• Updated training documentation with training certification statement

• Two inspections done during precipitation event

• Annual non-stormwater discharge inspection

• Annual report sent to the MPCA via e-services

Tuesday, December

03, 2019Logo: https://www.pca.state.mn.us/

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MPCA New Guidelines Cont.

• Storm water test for baseline pollutants. o First year = mandatory and the next four years if higher levels are identified

• Deviation reporting if contaminations to stormwater are

found

• Updates to SWPPP required- including change to

personnel, implementing BMPs and non compliance

during inspections

• pH meter calibration requirements (if probe is required)

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Logo: https://www.pca.state.mn.us/

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BMP Maintenance requirements

If the BMP is not functioning properly, permittee must replace, maintain or repair BMP within 7 calendar days of discovery

• Example, berms have eroded and new berms have been ordered

Back-up BMP requirement –back-up BMPs must be implemented within 48 hrs of discovery and maintain back-up until restoring original BMPs, all updated need to be documented and stored with SWPPP

• Example: Rip Rap has filled in with sediment and temporary berms are used until excavator can come and dig out original Rip Rap.

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Top Industrial Stormwater Permit Violations

• Not Developing/implementing/updating SWPPP

• No Annual Training completed for Team Members

• Not attempting/submitting sample results from quarterly monitoring

• Not reacting to a years’ worth of exceedances and making BMP changes

• Not completing Monthly Inspections

• Non-Compliance with the “No Exposure Exclusion”

– Open/unplugged dumpsters

– Fueling of Vehicles/Equipment *most common violation for No Exposure

– Uncovered scrap metal

– Bag houses allowing for particulate matter exposure

2020 enforcement penalties as great as $30,000.00

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ResourcesView the Industrial Stormwater Sampling Videos

Best Management Practice Options for Total Suspended Solids (TSS) YouTube video

How to Collect a Sheet Flow Sample, YouTube Video

• Industrial Stormwater Sheet Flow Sampling Guidance Document

How to Collect a Grab Sample, YouTube Video

• Industrial stormwater: How to collect a “grab” sample

How to find an accredited lab: https://eldo.web.health.state.mn.us/public/accreditedlabs/labsearch.seam

Full Industrial Stormwater Permit: https://www.pca.state.mn.us/sites/default/files/wq-strm3-67i.pdf

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This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. Marsh & McLennan Agency, LLC shall have no obligation to update this publication and shall have no liability to

you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as

actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors. Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affective if any underlying

assumptions, conditions, information or factors are inaccurate or incomplete or should change. Copyright © 2019 Marsh & McLennan Insurance Agency LLC. All rights reserved.