Posted by Karl Leitner on Tuesday, December 10, 2024
In Pennsylvania, stormwater permitting is primarily regulated under the Pennsylvania Clean Streams Law and the federal Clean Water Act and is enforced by the Pennsylvania Department of Environmental Protection (PADEP) through The National Pollutant Discharge Elimination System (NPDES) permit program.
Facilities that discharge stormwater associated with industrial activities or construction activities must obtain a NPDES permit. We can group factors that could facilitate NPDES permitting or compliance into the high-level categories of construction permitting and compliance permitting, which are further described below.
Construction Permitting
Construction Activities:
- Are you expanding or building a new facility?
Projects that disturb one or more acres of land require an NPDES Permit for Discharges of Stormwater Associated with Construction Activities (PAG-02). This includes submitting a Notice of Intent (NOI) and developing a Post Construction Stormwater Management (PCSM) Plan. Note: that this includes any new facility construction as well as existing facility expansion; but does not include agricultural plowing or tilling, animal heavy use areas, timber harvesting activities or road maintenance activities. However, for timber harvesting and road maintenance activities involving 25 or more acres of earth disturbance an Erosion and Sediment Control (E&S) permit is required under Pennsylvania's Clean Streams Law .
Don’t forget, after construction, a PCSM Plan to manage stormwater runoff still requires maintenance. This plan typically includes Stormwater Control Measures (SCMs), formerly known as Best Management Practices (BMPs), to control the quantity and quality of stormwater. For these features to operate correctly, they do require regular maintenance as outlined in the PCSM Plan. The maintenance can be as simple as mowing a basin or as involved as cleaning out an underground system.
Compliance Permitting
Site/Location Specifics:
- Is your facility located within a Municipal Separate Storm Sewer System (MS4) municipality?
Municipalities that operate an MS4 are required to obtain a NPDES permit for their stormwater discharges (PAG-13). These discharges are typically associated with the stormwater conveyance systems along with municipal infrastructure such as roads. They must also develop and implement a Stormwater Management Program (SWMP) and Pollution Reduction Plan (PRP) to reduce pollutants in stormwater. These requirements also apply to any facilities involved in the industrial activities further described below. - What are your specific local ordinances?
Many municipalities in Pennsylvania have their own stormwater management ordinances that may impose additional requirements. It's essential to research your local regulations for any additional permitting requirements.
Ongoing Operations:
- Are you inspecting and maintaining your stormwater management controls/facilities?
Permits often require regular inspections and maintenance of stormwater management facilities to ensure they are functioning as intended.
Industrial Stormwater Compliance Permitting Further Explained
A PAG-03 is the Pennsylvania NPDES General Permit for Discharges of Stormwater Associated with Industrial Activity. It applies to industrial facilities in Pennsylvania that discharge stormwater into rivers, streams, or wetlands.
Notice of a reissued PAG-03 General Permit was published in Pennsylvania on December 24, 2022 for a new 5-year term. The reissued PAG-03 General Permit became effective on March 24, 2023. Existing permittees were required to submit Notice of Intent (NOI) on or before March 23, 2023 to maintain coverage under the reissued PAG-03 General Permit.
The federal regulations at 40 CFR 122.26 identify specific classes of industrial facilities that must apply for NPDES permit coverage based on their Standard Industrial Classification (SIC) codes
and industrial activities. In Pennsylvania, industrial activities that are subject to stormwater permitting typically include:
Construction Activities: Projects that disturb one acre or more of land.
- Mining Operations: Includes surface mining, coal mining, and other mineral extraction activities.
- Manufacturing Facilities: Factories and plants involved in processing or manufacturing goods.
- Transportation Facilities: Airports, rail yards, and other transportation infrastructure.
- Landfills: Sites for the disposal of solid waste.
- Wastewater Treatment: Facilities that manage wastewater.
- Commercial Facilities: Certain large retail or service facilities that can generate significant runoff.
In addition, PADEP may require any other facility not identified in the federal regulations to obtain a permit if PADEP finds that the facility or activity is resulting in the discharge of pollutants to waters of the Commonwealth.
If a facility is not eligible for coverage under the PAG-03 General Permit, it may apply for an individual NPDES permit, using PADEP's Individual NPDES Permit Application for Industrial Stormwater (3800-PM-BCW0403). A common reason that a facility may not be eligible for PAG-03 General Permit coverage is location in a High Quality (HQ) or Exceptional Value (EV) watershed, according to designated uses under Chapter 93 or existing uses determined by PA DEP. Individual permit coverage is generally for five years, with a requirement to submit a renewal application at least 180 days prior to the permit coverage expiration date if the discharge of pollutants will continue after the expiration date.
For those facilities that qualify for PAG-03 General Permit coverage, an alternative to obtaining permit coverage is to request No Exposure Certification (NEC) if the facility qualifies. In general, all industrial materials and activities must be stored and conducted indoors or under roof for a facility to qualify for No Exposure Certification. The No Exposure Certification alternative is not available to facilities in HQ or EV watersheds and must be renewed every five years.
Effective stormwater management in Pennsylvania is essential for protecting water quality and availability and reducing flooding risks. Compliance requires a collaborative effort between state agencies, municipalities, and developers to implement sustainable practices.
Have questions about stormwater permitting or compliance in PA or beyond? Reach out, I'm glad to help!
Categories: Industrial & Manufacturing
Tagged: Stormwater | Environmental