By S. Wayne Rosenbaum
Opper & Varco, LLP
Beginning July 1, 2015 over 100,000 previously exempt public and private facilities in California well become subject to the new IGP. Most of these facilities are unaware of their new obligations. However failure to file is a strict liability offence with mandatory minimum penalties of $3000 per month for every month a facility fails to comply. Moreover, non-filers will also be easy targets for Citizen Suit enforcement in which penalties could be as high as $34,500 per day plus legal fees for the Citizen’s attorney.
Here are the links to the list of Standard Industrial Codes (SICs) that will now be subject to the permit: http://www.swrcb.ca.gov/water_issues/programs/stormwater/sicnum.shtml (Numeric) and http://www.swrcb.ca.gov/water_issues/programs/stormwater/sic.shtml (Alphabetical)
Many public facilities may not be aware of their obligations to file under the new permit because their primary SIC code is not one of those listed above. However, the new IGP instructs that where distinct and separate economic activities are performed at a single location, each activity should be treated as a separate establishment (and, therefore, separate primary activity). For example, the United States Navy (primary SIC code 9711) may conduct industrial activities subject to permitting under this General Permit, such as landfill operations (SIC code 4953), ship and boat building and repair (SIC code 3731), and flying field operations (SIC code 4581). Thus, any facility under the control of a local state or federal agency that falls into any of the SIC descriptions on the attached list is subject to the new permit provisions. These facilities are in addition to the 100,000 facilities identified by their SIC codes in standard commercial data bases.
Private facilities such as breweries may not be aware of their obligation to file because their primary SIC code lists them as a restaurant or other retail facility. However, once again, the new IGP instructs that each activity must
If you or your clients suspect that you may be subject to these new permit requirements, UCSD Extension is offering an intensive two-day workshop is designed to provide comprehensive training on California’s reissued Industrial Storm Water Permit, which will impose significant regulations on as many as 130,000 California businesses. In addition to providing the in depth knowledge of the new permit necessary before you begin Qualified Industrial Stormwater Professional (QISP) training, this two day intensive course will also provide participants with an understanding of how the Permit applies to you and how to achieve and maintain compliance at your facility.