Page 206 - California Stormwater Workshop Handouts

APPENDIX 2

INSTRUCTIONS FOR NO EXPOSURE CERTIFICATION (NEC)

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITIES

(GENERAL PERMIT)

This Attachment provides general guidance instructions and guidance for obtaining NEC coverage. The actual NEC
requirements are primarily contained in Section XVII of this General Permit.

A. INSTRUCTIONS: Fees

Who May File for NEC Coverage First time NEC coverage PRDs and the annual re-
certification require a fee. Fees may be changed by State
Sections 301 and 402(p) of the Clean Water Act (CWA), Water Board regulation, independent of this General Permit.
and Sections 1311 and 1342(p) of 33 United States Code
prohibit the discharge of storm water associated with How to Prepare and Submit PRDs for NEC Coverage
industrial activity to waters of the United States without a
National Pollutant Discharge Elimination System (NPDES) A Discharger must electronically certify and submit PRDs
permit. However, NPDES permit coverage is “conditionally for NEC coverage in accordance with the instructions
excluded” for discharges of storm water associated with provided at the State Water Board web site for SMARTS:
industrial activities (industrial storm water discharges) if the
Discharger can certify that a condition of “No Exposure” https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsL
exists at the industrial facility. A condition of “No Exposure” ogin.jsp
means that a Discharger’s industrial activities and materials
are not exposed to storm water. Industrial storm water A Discharger with multiple facilities that satisfy the
discharges from construction and land disturbance activities conditions of “No Exposure” must certify and submit PRDs
are ineligible for the NEC coverage. Dischargers who file for each facility. The Discharger is required to inspect and
valid NECs in accordance with these instructions are not evaluate each individual facility to determine the condition of
required to implement Best Available Technology No-Exposure. The Discharger must retain an electronic or
Economically Achievable /Best Conventional Pollutant paper copy of the NEC coverage acceptance notification for
Control Technology and comply with the Storm Water their records.
Pollution Prevention Plan (SWPPP) and monitoring
requirements of this General Permit. The following information is required in the PRDs:

Obtaining and Maintaining NEC Coverage Discharger Information

A Discharger must electronically certify and submit NEC 1. The legal business name of the business entity,
Permit Registration Documents (PRDs) via State Water public organization, or any other entity that operates
Resources Control Board’s (State Water Board’s) Storm the facility described in the certification. The name of
Water Multi-Application and Report Tracking System the operator may or may not be the same as the
(SMARTS) to obtain NEC coverage. This conditional name of the facility. The operator is the legal entity
exclusion does not become effective until the PRDs are that controls the facility operations, not the plant or
submitted and the annual fee is paid. Upon receipt of the site manager.
annual fee, the Discharger will electronically receive an
NEC acceptance notification via SMARTS, which will 2. The mailing address of the facility operator, including
include a Waste Discharge Identification (WDID) number. the city, state, and zip code.
A Discharger must maintain a condition of “No Exposure” at
the facility for the conditional exclusion to remain applicable. 3. The facility operator contact person, telephone
The Discharger must annually electronically re-certify the number and e-mail address.
NEC via SMARTS to confirm that the conditions of “no
exposure” are being maintained. If conditions change
resulting in the exposure of materials and activities to storm
water, the Discharger must electronically certify and submit
PRDs via SMARTS for Notice of Intent (NOI) coverage
under the General Permit for Storm Water Discharges
Associated with Industrial Activities (General Permit).

Order 2014-0057-DWQ 1