• Clean Water Act Stormwater Multi-Sector General Permit Expires
  • November 15, 2013
  • Law Firm: Holland Hart LLP - Denver Office
  • EPA's Clean Water Act implementing regulations require that industrial activities discharging stormwater into jurisdictional waters must obtain a National Pollutant Discharge Elimination System ("NPDES") permit. In 2008, EPA issued a Multi-Section General Permit ("MSGP") that applies in Idaho and that provides NPDES coverage to industrial activities in 29 industrial sectors. For MSGP coverage, a facilitate must meet certain eligibility requirements and, among other things, implement control measures and develop a site-specific stormwater pollution prevention plan. On September 29, 2013, the 2008 MSGP expired, and a new permit has not been issued. However, EPA has proposed a new MSGP.

    Until a new MSGP is finalized, EPA has determined that facilities that obtained coverage under the 2008 MSGP prior to its expiration are automatically granted an administrative continuance of permit coverage. The administrative continuance will remain in effect until a new permit is issued. Facilities already covered under the 2008 MSGP must continue to comply with all of the requirements in the 2008 permit, including requirements for monitoring and reporting.

    EPA has issued a memorandum regarding new industrial facilities that begin discharging industrial stormwater after September 29, 2013. The memorandum provides a "no action assurance" for new facilities that: (1) meet the 2008 MSGP eligibility criteria; (2) prior to discharging stormwater, notify the appropriate EPA permitting authority of their operator status and their intention to operate in accordance with the 2008 MSGP; and (3) comply with the requirements of the 2008 MSGP.

    EPA expects to reissue the MSGP in the spring of 2014. At that time, all facilities desiring coverage under the MSGP, including those with administrative continuance under the 2008 MSGP, will need to submit a Notice of Intent for permit coverage.