Friday, April 23, 2010

NPDES – Discharge regulations

To achieve an ample margin of safety in protecting the environment and public health from certain toxic pollutants, the Clean Water Act (CWA) authorizes the National Pollutant Discharge Elimination System (NPDES) to regulate and limit discharges from industrial, municipal (wastewater/stormwater), livestock waste control, and other facilities if discharges go directly to surface waters or a publicly owned treatment works.

Since its introduction the NPDES permit program is responsible for significant improvements to our Nation’s water quality.

The Clean Water Act (CWA) employs three general types of standards to limit effluents:

1. Technology - based standards: Use of the best practicable control technology current available sets uniform, industry-wide effluent standards that average amount of control achieved from existing technology to all specific industry.
2. Water quality – based standards: States must classify all state waters according to specific uses and then set an ambient water quality standard to protect that use. Once the standard is set, the total maximum daily load (TMDL) of a particular pollutant is set at a level that will not violate the standard. The TMDL is then translated into specific numerical limits in particular permits.
3. Health – based standards: The primary goal of the health based standards is to protect public health. These standards do not consider economical factors.

Types of NPDES Permits:

*Discharge to Surface Water: Wastewater discharges from “non-process” facilities (i.e. cooling towers); “process facilities” (water that comes in contact with a “product”); treated sanitary wastewater.
*Land Application of Wastewaters: the permit requires soil monitoring, agronomic rate application, site approval and wastewater testing.
*Discharge to a Publicly Owned Treatment Works: Permit must be obtained from a “significant industrial user” which is an industrial facility that discharges 25,000 gpd of wastewater or contributes 5% or more of the total hydraulic load of the treatment plant.
*Hydrostatic Testing and/or Dewatering Discharges: Example hydrostatic testing from wells and for groundwater dewatering in an industrial site.
*Storm Water Permits during Construction: An NPDES permit is necessary if the construction disturbs over one acre of land. A Notice of Intent (NOI) must be received by the agency at least seven days in advance of starting land grading. Development of a Storm Water Control Pollution Prevention Plan that addresses erosion and sediment control is a primary condition of this permit.
*Storm Water Permit during Operation: The NOI must be received by the agency at least 30 days prior to facility start-up.
*Treated Groundwater Remediation Discharges: Treated groundwater from remediation facilities (i.e. Oil facilities or manufacturing which processes contaminate the aquifer and requires remediation treatment).

NPDES Permit Process:

In general regulations require a site-specific NPDES permit application be submitted at least 180 days prior to the day of first discharge. NPDES permits are public noticed for 30 days before being issued. If comments are received and a hearing is required, the Department would schedule a hearing and respond to any comments. This may require an additional 60 to 90 days.
General permit authorizations (Storm Water Permits) may take from 7 to 30 days.

General Information:

**States have the explicit right to enact any water quality standard or limitation that is more stringent than those required by federal statute. If a proposed federal NPDES permit does not meet State standards, it will not be issued.

**For information on the compliance and enforcement status of specific facilities in your area with NPDES permits, you can visit:
http://www.epa-echo.gov/echo/
http://www.epa.gov/enviro/index.html

**NPDES (California Site) - Permits, Permitting Process, Applications, Forms, Fees at:
http://www.swrcb.ca.gov/water_issues/programs/npdes/