NPDES Storm Water (Industrial) General PermitAgency: Environmental Quality
The Water Resources Division (WRD) of the Michigan Department of Environmental Quality (MDEQ) issues NPDES permit coverage to facilities which discharge storm water associated with industrial activity. You can also refer to the NPDES Storm Water (Industrial) General Permit page.
A. NAME OF PERMIT OR APPROVAL:
National Pollutant Discharge Elimination System (NPDES) Permit Program, Industrial Storm Water General Permit
B. STATUTORY AUTHORITY:
Part 31, Water Resources Protection of the Natural Resources Environmental Protection Act, PA 451 of 1994, as amended.
Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq. (Clean Water Act)
C. APPLICABLE REGULATION:
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require the permit) cilities with storm water discharges subject to permitting must obtain NPDES permit coverage, either an individual permit or a certificate of coverage (COC) under the Industrial Storm Water general permit. Detailed information can be found on the program webpage.
2. Pre-Application Requirements
For new applicants are required to have developed a Storm Water Pollution Prevention Plan (SWPPP) for their facility. All structural controls described SWPPP must have been constructed and put into operation. All non-structural controls as described in the SWPPP must have been implemented. The facility must have no unauthorized discharges and the facility must have a properly certified storm water operator. All of these items must be in place before the application for coverage is submitted.
3. Application Submission Requirements
The application (Notice of Intent or NOI) for permit coverage shall be filled out, signed, and submitted as instructed in the application. The Notice of Intent and additional information on the SWPPP can be found on the program webpage.
4. Procedures and Time-Frame for Obtaining Permit or Approval
Once a completed application has been received, the Department has up to six months to issue the certificate of coverage or deny the application. Typical time frames are less than 60 days from the receipt of a complete NOI.
Once issued COCs must be renewed every five years by the submittal of a complete NOI.
5. Operational Requirements
The certificate of coverage requirements compliance with the terms and conditions of the Industrial Storm water General Permit for the operation and maintenance of structural and non-structural controls described in the SWPPP. In addition the general permit requires site inspections and record keeping as a component of the SWPPP. The general permit, and other guidance documents are available on that Department webpage.
Submittal of a timely application (i.e. 180 days before the current authorization expires) provides continued discharge authorization under the existing Certificate of Coverage (COC) until a new COC is issued. The NOI should be submitted to WRD Permits Section.
Transfer of Ownership:
NPDES permits contain specific permit conditions related to transfer of ownership or control. These permits specifically state: "In the event of any change in control or ownership of facilities from which the authorized discharge emanates, the permittee shall submit to the Department 30 days prior to the actual transfer of ownership or control a written agreement between the current permittee and the new permittee containing:
1) The legal name and address of the new owner
2) A specific date for the effective transfer of permit responsibility, coverage and liability
3) A certification of the continuity of or any changes in operations, wastewater discharge, or wastewater treatment
A transfer of ownership form has been developed for use in this program. It can be found in the Michigan Business One Stop. The facility with coverage on December 31 will be billed for the annual storm water fee for that year. The request should be submitted through MBOS with a copy to the WRD District Supervisor.
There is no application fee for the Industrial Storm Water Permits. The current permit annual fee is $260 and is billed in February of each year.
7. Appeal Process
Any person to whom the NEC is not acceptable may file a sworn petition with the Office of Administrative Hearings and Rules of the Michigan Department of Licensing and Regulatory Affairs, setting forth the conditions of the NEC which are being challenged and specifying the grounds for the challenge. The Department may grant a contested case hearing based on those challenges in accordance with NREPA. The Department may also grant a contested case hearing on a COC issued under a general permit in accordance with Rule 323.2192(c) of the Michigan Administrative Code.
8. Public Input Opportunities
COCs issued under the Industrial Storm Water General permit are public noticed for a minimum 14 day period on the MDEQ website under the National Pollutant Discharge Elimination System (NPDES) permit program. The draft COCs may be obtained via the internet. (Click on ‘Permits on Public Notice.') A public hearing may be held upon request and if determined appropriate by the Department. A citizens guide has been developed for the NPDES permit program, it is called A Citizens Guide to Water Quality Permitting: Understanding the National Pollutant Discharge Elimination System (NPDES) Program and Its Role in Michigan.
F. ADMINISTERING AGENCY:
MDEQ Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909
- Program Phone: 517-284-5567
- Program Webpage : www.michigan.gov/deqstormwater (then click on Industrial Program)
- Environmental Assistance Center: 1-800-662-9278, e-mail: firstname.lastname@example.org