A presentation outlining new storm water permitting requirements put out by the Maryland Department of the Environment.

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2. Overview
• Background
• 12-SW Permit Outline
• Applicability
• No Exposure Exclusion
• Chesapeake Bay Restoration Requirements
• Notice of Intent
• Control Measures & Effluent Limits
• Stormwater Pollution Prevention Plan
• Submission Deadlines and Fees
• Resources

3. Background
The Clean Water Act (CWA) establishes a
comprehensive program “to restore and
maintain the chemical, physical, and biological
integrity of the Nation’s waters.”
To achieve these goals, the CWA requires U.S.
Environmental Protection Agency (EPA) to
authorize discharges through issuance of
National Pollution Discharge Elimination System
(NPDES) permits.

4. Background
The Water Quality Act of 1987 directed the EPA
to develop a phased approach to regulate
stormwater discharges under the NPDES
program.
In 1990 the EPA published a final regulation on
the first phase of this program, establishing
permit application requirements for stormwater
discharges associated with industrial activity.

5. Background
As a delegated state, Maryland is authorized to
issue NPDES permits.
In order to meet the requirements of the CWA,
the Maryland Department of the Environment
(MDE) issued the first state permit for
stormwater discharges associated with industrial
activities in 1992.

6. Background
In general, permits expire every five years and
are reissued.
General Permit 02-SW expired November 30,
2007, but was administratively extended.
General Permit 12-SW replaces 02-SW and
became effective January 1, 2014 and expires
December 31, 2018.

7. Background
MDE estimates 900 facilities that are addressed
by the 12-SW permit, with an average acreage
of 6.1 acre per facility, representing 16.7 millions
of gallons per day of precipitation.
This precipitation is either infiltrated into the
ground, evaporates, is taken up by plants, or
results in runoff.

8. Background
The stormwater runoff associated with industrial
facilities channels pollution as well as increases
sediment loads.
Disturbed sediments are associated with
phosphorus; a nutrient the State
is concerned with, that readily binds to soils.
Precipitation also carries nitrogen as a result of
atmospheric mixing with air pollution.

9. 12-SW Permit Outline
Part I – Applicability
Part II – Authorization
Part III – Stormwater Management Requirements
(includes restoration of impervious surfaces, control measures
and effluent limits and stormwater pollution prevention plan)
Part IV – Corrective Actions
Part V – Inspections, Monitoring, and Reporting
Part VI – Standard Permit Conditions

10. 12-SW Permit Outline
Appendix A – Industry Sectors
Appendix B – Quarterly Visual Monitoring
Appendix C – Calculating Hardness in Receiving
Water for Hardness Dependent Metals
Appendix D – Sector-Specific Requirements for
Industrial Activity
Appendix E – Definitions and Acronyms
Appendix F – Nutrient Reduction Progress
Report

11. Applicability
To be eligible for stormwater discharge under 12-SW
you must be a facility operating in the state of
Maryland, and one of the following:
1)have been covered under previous permit 02-SW
2)have a stormwater discharge associated with
industrial activity, as defined in Appendix E, from a
primary industrial activity included in Appendix A
3)be notified by MDE that you are eligible for
coverage under Sector AD: Non-Classified Facilities,
as defined in Appendix A, or

12. Applicability
4)be notified by MDE that you are eligible for
coverage as described in Part I.E.4., which
states, “Stormwater discharges under a
separate individual or general permit (except
MS4) may also obtain limited coverage under
this permit specific to Part III.A, ‘Chesapeake
Bay Restoration Requirements’ in lieu of the
Department modifying or issuing a separate
permit that would otherwise implement
requirements equivalent to those in Part.III.A.”

13. Applicability
Stormwater Discharges Associated with Industrial
Activity as defined in Appendix E, is
“the discharge from any conveyance that is used for
collecting and conveying stormwater and that is
directly related to manufacturing, processing or raw
materials storage areas at an industrial plant. The
term does not include discharges from facilities or
activities excluded from the NPDES program under
Part 122.”

14. Applicability
Stormwater Discharges Associated with Industrial
Activity, as defined in Appendix E includes, but is not
limited to stormwater discharges from the following:
-industrial plant yard
-immediate access roads and rail lines used or
traveled by carriers of raw materials, manufactured
products, waste material, or by-products used or
created by the facility;
-material handling sites;
-sites used for the application or disposal of process
waste waters;
-refuse sites;

15. Applicability
- sites used for the storage and maintenance of
material handling equipment;
- sites used for residual treatment, storage, or
disposal;
- shipping and receiving areas;
- manufacturing buildings;
- storage areas (including tank farms) for raw
materials, and intermediate and final products; and
- areas where industrial activity has taken place in
the past and significant materials remain and are
exposed to stormwater.

16. Applicability
Stormwater Discharges Associated with Industrial
Activity, as defined in Appendix E (continued)
•“material handling activities include storage, loading
and unloading, transportation, or conveyance of any
raw material, intermediate product, final product, by-product
or waste product.”

17. Applicability
Stormwater Discharges Associated with Industrial
Activity, as defined in Appendix E (continued)
•“excludes areas located on plant lands separate
from the plant's industrial activities, such as office
buildings and accompanying parking lots as long as
the drainage from the excluded areas is not mixed
with stormwater drained from the above described
areas.”

18. Appendix A – Industry Sectors
Sector A – Timber Products
Sector B – Paper and Allied Products
Sector C – Chemicals and Allied Products
Sector D – Asphalt Paving & Roofing Materials & Lubricants
Sector E – Glass, Clay, Cement, Concrete, & Gypsum Products
Sector F – Primary Metals
Sector G – Metal Mining (Ore Mining and Dressing)
Sector H – Coal Mines and Coal Mining-Related Facilities
Sector I – Oil and Gas Extracting and Refining
Sector J – Mineral Mining and Dressing
Sector K – Hazardous Waste Treatment, Storage, and Disposal Facilities
Sector L – Landfills & Land Application Sites
Sector M – Automobile Salvage Yards
Sector N – Scrap Recycling Facilities
Sector O – Steam Electric Generating Facilities
Sector P – Land Transportation and Warehousing

19. Appendix A – Industry Sectors
Sector Q – Water Transportation
Sector R – Ship and Boat Building and Repairing Yards
Sector S – Air Transportation Facilities
Sector T – Treatment Works
Sector U – Food and Kindred Products
Sector V – Textile Mills, Apparel, and other Fabric Product Manufacturing;
Leather and Leather Products
Sector W – Furniture and Fixtures
Sector X – Printing and Publishing
Sector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous
Manufacturing Industries
Sector Z – Leather Tanning and Finishing
Sector AA – Fabricated Metal Products
Sector AB – Transportation Equipment, Industrial or Commercial Machinery
Sector AC – Electronic, Electrical, Photographic, and Optical Goods
Sector AD – Non-Classified Facilities

20. No Exposure Exclusion
To qualify for this exclusion, you must verify that there is no
potential for the stormwater discharged from your facility to
waters of the State to be exposed to pollutants in
accordance with MDE criteria.
You must then obtain written certification that you meet the
requirements of No Exposure from
•a Professional Engineer,
•a Certified Professional in Storm Water Quality (CPSWQ),
•a Registered Architect, or
•a Landscape Architect

21. No Exposure Exclusion
A No Exposure Certification must be provided for each
facility qualifying for the no exposure exclusion.
The exclusion from NPDES permitting is available on a
facility-wide basis only, not for individual outfalls. If any
industrial activities or materials are or will be exposed to
precipitation, the facility is not eligible for the no exposure
exclusion.
MDE has a guidance document and the required form
available on their website.

22. Chesapeake Bay Restoration
Required if your facility meets ALL of the following:
• within the Chesapeake Bay Watershed;
• is 5 acres or greater in size;
• any portion of your facility is located within a Phase I or Phase II
municipal separate storm sewer system (MS4) jurisdiction; and
• is not owned by or leased from an entity that is permitted as an MS4.
Additional requirements to
• Calculate total and untreated impervious surface area
• Select, design, install and implement restoration of 20% of the
untreated impervious surface area at your facility or equivalent
control measures for the reduction of nutrients.

23. Chesapeake Bay Restoration
Restoration / control measures must be designed and
implemented using any combination of the following
three methods.
•Practices found in the Design Manual or other Proprietary
Practices approved by the Department (i.e structural BMPs like
green roofs and containment ponds )
•Practices found in the Accounting Guidance (i.e. street sweeping
and septic system upgrades)
•Other equivalent control measures. (Measures that achieve
reduction of 5.4 lbs total nitrogen per year shall be considered equivalent to
restoration of one acre of impervious surface area.)

24. Chesapeake Bay Restoration
Develop plan for implementing restoration / control
measures and document in SWPPP, including
timeline for completion.
If it is infeasible to implement any or all of these
practices at your facility, you may satisfy the
restoration requirement by working through your
local jurisdiction to implement project(s) offsite.

25. Chesapeake Bay Restoration
For facilities registered for coverage under 02-SW,
the control measures must be implemented within
five years of the permit effective date.
For all other permittees, the control measures
must be implemented within four years from the
date the NOI is filed.

26. Notice of Intent
Required if you meet the conditions of the permit and
do not qualify for the No Exposure Exclusion and
includes
• General contact and site information
• Impervious surface calculations, if applicable
• Determination if discharging to an impaired
stream
• Number of ASTs and storage capacity
• SWPPP contact
• Certification

27. Control Measures & Effluent Limits
For all facilities not meeting the requirements for the
No Exposure Exception, you must select, design,
install, and implement control measures (including
best management practices) to meet the non-numeric
effluent limits in accordance with good engineering
practices and manufacturer’s specifications.
Must be documented in your SWPPP

28. Control Measures & Effluent Limits
Non-Numeric Technology-Based Effluent Limits
•Minimize Exposure of Industrial Activities to Precip.
•Good Housekeeping
•Maintenance
•Spill Prevention and Response Procedures
•Erosion and Sediment Controls
•Management of Runoff
•Salt Storage Piles or Piles Containing Salt
•Sector Specific Non-Numeric Effluent Limits (Appendix D)
•Employee Training
•Non-Stormwater Discharges
•Waste, Garbage and Floatable Debris
•Dust Generation and Vehicle Tracking of Industrial Materials

29. Control Measures & Effluent Limits
Water Quality-Based Effluent Limitations
•Your discharge must be controlled as necessary to
meet applicable water quality standards. The
Department expects that compliance with the other
conditions in the permit will control discharges as
necessary to meet applicable water quality standards.
•There shall be no discharge that causes visible oil
sheen, and no discharge of floating solids or persistent
foam in other than trace amounts.

30. SWPPP
The SWPPP is intended to document the selection,
design, and installation of control measures.
The SWPPP does not contain effluent limitations,
which are contained in Part III.A, and Part III.B of the
permit, and, for some Industry Sectors, Appendix D
of the permit.
The SWPPP must be submitted with your NOI to the
MDE for review and approval

31. SWPPP
The SWPPP must include the following:
•Stormwater pollution prevention team (see Part III.C.1);
•Site description (see Part III.C.2);
•Summary of potential pollutant sources (see Part III.C.3);
•Description of control measures (see Part III.C.4);
•Schedules and procedures (see Part III.C.5); and
•Signature requirements (see Part III.C.6)

32. Deadlines and Fees
No Exposure Form and Certification Letter
•Submit to the MDE no later than June 30, 2014
•No Fee is associated with this action
Existing Dischargers previously authorized for coverage
under 02-SW, that are NOT subject to Chesapeake Bay
Restoration Requirements
•Submit NOI, SWPPP, and Fee to the MDE no later than June 30, 2014
Existing Dischargers previously authorized for coverage
under 02-SW, that ARE subject to Chesapeake Bay
Restoration Requirements
•Submit NOI, SWPPP, and Fee to the MDE no later than December 31,
2014

33. Deadlines and Fees
New Dischargers or New Sources
•Submit NOI, SWPPP, and Fee to the MDE a minimum of 60 days prior to
commencing discharge activities
Transfer of ownership and/or operation of a facility whose
discharge is authorized under this permit
•Submit Permit Transfer Request to the MDE a minimum of 30 days prior to
the transfer
Fees (not required for No Exposure Exclusion)
•$120 with NOI and SWPPP submittal and then by July 1st annually, or
•$550 with NOI and SWPPP good through December 31, 2018

34. Resources
MDE Website
No Exposure Guidance Document
12-SW Fact Sheet
SWPPP Template
EPA Website
EPA Industrial Stormwater Guidance
Environmental Consultant / Engineer
Paul Hlavinka, MDE

35. Triumvirate Environmental
www.triumvirate.com
TTHHAANNKK YYOOUU!!
Jessica Medicus, CHMM
(410) 636-3700 office
(240) 712-0046 cell
jmedicus@triumvirate.com