Do I need a NPDES permit if my stormwater exposure is only in the parking lot?
It may depend on several factors, including, but not limited to, the proximity of the parking lot to surface waters; the size of the parking lot; and the type of parking lot surface.
A possible option that may apply to your situation may be filing a conditional no-exposure exclusion (EPA Form 3510-11).
Under the conditional no-exposure exclusion, operators of industrial facilities in any of the 11 categories of “stormwater discharges associated with industrial activity” have the opportunity to certify to a condition of “no exposure” if their industrial materials and operations are not exposed to stormwater (40 CFR 122.26(g)).
As long as the condition of “no exposure” exists at a certified facility, the operator is excluded from NPDES industrial stormwater permit requirements.
A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, or waste product.
As always, also check to see if any state or local rules apply.
We operate a SMARA mining pit only excavating and hauling off of clay type dirt. What Industrial SIC am I for purposes of the General Permit to Discharge Storm Water Associated with Industrial Activities. Perhaps 3295?
Because your facility is a mining pit, it does not appear that SIC Code 3295 applies. 3295 applies to “establishments operating without a mine or quarry and primarily engaged in crushing, grinding, pulverizing, or otherwise preparing clay, ceramic, and refractory minerals; barite; and miscellaneous nonmetallic minerals, except fuels.”
We suggest that SIC Code 1459 applies:
1459 Clay, Ceramic, and Refractory Minerals, Not Elsewhere Classified
Establishments primarily engaged in mining, milling, or otherwise preparing clay, ceramic, or refractory minerals, not elsewhere classified. Establishments producing clay in conjunction with the manufacture of refractory or structural clay and pottery products are classified in Manufacturing, Major Group 32.
- Andalusite mining
- Aplite mining
- Bentonite mining
- Brucite mining
- Burley mining
- Clays (common) quarrying-not in conjunction with manufacturing
- Cornwall stone mining
- Cyanite mining
- Diaspore mining
- Dumortierite mining
- Feldspar mining
- Fire clay mining
- Flint clay mining
- Fuller’s earth mining
- Kyanite mining
- Magnesite mining
- Nepheline syenite quarrying
- Olivine (nongem) mining
- Pegmatite (feldspar) mining
- Pinite mining
- Plastic fire clay mining
- Shale (common) quarrying-not in conjunction with manufacturing
- Sillimanite mining
- Stoneware clay mining
- Syenite, nepheline-quarrying
- Topaz (nongem) mining