The Water Resources Division (WRD) of the Department of Environment, Great Lakes, and Energy (EGLE) issues NPDES permit coverage to facilities which discharge storm water associated with industrial activity. You can also refer to the NPDES Permits webpage to view the Industrial Storm Water General Permits; click on ‘General NPDES Permits’ under the ‘Permits’ heading.
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 permit coverage)
Facilities 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.
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 industrial storm water operator. All of these items must be in place before the application for coverage is submitted.
NPDES applications are accessed and submitted through EGLE’s MiWaters system. The correct choice of NPDES application depends upon whether or not the applicant is applying for reissuance of an existing NPDES COC for that facility. This is discussed in detail below.
Industrial / Commercial Facilities
Applicants requesting authorization to discharge industrial storm water must complete one of two applications depending upon whether or not they already have an NPDES COC for the facility in question:
Once a completed application has been received, EGLE has up to six months to issue the certificate of coverage or deny the application for new applicants. For reissuance requests, EGLE has 90 days to determine if the NOI is complete or request additional information.
Once issued, COCs must be renewed every five years by the submittal of a complete NOI via the MiWaters Website.
The COC requires 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 program webpage.
Submittal of a timely application (i.e. 180 days before the current authorization expires) provides continued discharge authorization under the existing COC until a new COC is issued. The NOI should be submitted via the MiWaters Website.
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 EGLE 30 days prior to the actual transfer of ownership or control a written agreement between the current permittee and the new permittee containing:
A transfer of ownership form has been developed for use in this program. The form can be found in the MiWaters Website under Permit Change Forms with the title of: Transfer of Coverage for Facilities with Storm Water Discharges Associated With Industrial Activity. The facility with coverage on December 31 will be billed for the annual storm water fee for that year. The request should be submitted via the MiWaters Website.
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.
Any person to whom the COC is not acceptable may file a sworn petition through the Administrative Hearings process of the Michigan Department of Licensing and Regulatory Affairs, setting forth the conditions of the COC which are being challenged and specifying the grounds for the challenge. EGLE may grant a contested case hearing based on those challenges in accordance with NREPA. EGLE 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.
COCs issued under the Industrial Storm Water General permit are public noticed for a minimum 14 day period on the EGLE website under the National Pollutant Discharge Elimination System (NPDES) permit program. The draft COCs may be obtained the Internet at https://miwaters.deq.state.mi.us (select ‘Public Notice Search,’). A public hearing may be held upon request and if determined appropriate by EGLE.
E. ADMINISTERING AGENCY:
EGLE, Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909
Revision Date: December 2019