Current through Register Vol. 6, March 22, 2024
(1) Discharges composed entirely of storm
water are not regulated as discharges associated with industrial activity or
discharges associated with mining and oil and gas activity if there is no
exposure of industrial materials and activities to rain, snow, snowmelt, and/or
runoff, and the discharger satisfies the conditions in this rule.
(a) For purposes of this rule, "no exposure"
means that 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, byproducts, 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.
(2) To
qualify for the exclusion in this rule, the owner or operator of the discharge
must:
(a) except as provided in (3), provide
a storm-resistant shelter to protect industrial materials and activities from
exposure to rain, snow, snowmelt, and/or runoff;
(b) complete and sign, in accordance with ARM
17.30.1323, a certification form
developed by the department that indicates there are no discharges of storm
water contaminated by exposure to industrial materials and activities from the
entire facility, except as provided in (3) ;
(c) submit the signed certification to the
department once every five years;
(d) allow the department to inspect the
facility to determine compliance with the no-exposure conditions;
(e) allow the department to make no-exposure
inspection reports available to the public upon request; and
(f) for facilities that discharge through an
MS4, submit a copy of the certification of no exposure to the MS4 operator, and
allow inspection and public reporting by the MS4 operator.
(3) A storm resistant shelter is not required
for:
(a) drums, barrels, tanks and similar
containers that are tightly sealed, if the containers are not deteriorated and
do not leak. For purposes of this rule, "sealed" means banded or otherwise
secured and without operational taps or valves; or
(b) final products, other than products that
would be mobilized in storm water discharge (e.g., rock salt).
(4) The exclusion in this rule is
subject to the following limitations:
(a) the
exclusion is not available for storm water discharges associated with
construction activity as defined in this subchapter;
(b) the exclusion is available on a
facility-wide basis only, not for individual outfalls. If a facility has some
discharges of storm water that would otherwise be no-exposure discharges,
permit requirements should be adjusted accordingly;
(c) if circumstances change and industrial
materials or activities become exposed to rain, snow, snowmelt, and/or runoff,
the conditions for this exclusion no longer apply. In such cases, the discharge
becomes subject to enforcement for unpermitted discharge. Any conditionally
exempt discharger who anticipates changes in circumstances should apply for and
obtain permit authorization prior to the change of circumstances; and
(d) the department may deny an exclusion
under this rule if it determines that the discharge causes, has a reasonable
potential to cause, or contributes to a violation of a water quality standard,
including designated uses.
(5) A no-exposure certification must contain
the following information, at a minimum, to aid the department in determining
whether a facility qualifies for the no-exposure exclusion:
(a) the legal name, address and phone number
of the discharger;
(b) the facility
name and address, the county name, and the township, range, section and 1/4
section where the facility is located;
(c) certification that none of the following
materials or activities are, or will be in the foreseeable future, exposed to
precipitation:
(i) use, storage or cleaning
of industrial machinery or equipment, and areas where residuals from such
activities remain and are exposed to storm water;
(ii) materials or residuals on the ground or
in storm water inlets from spills/leaks;
(iii) materials or products from past
industrial activity;
(iv) material
handling equipment, except for adequately maintained vehicles;
(v) materials or products during
loading/unloading or transporting activities;
(vi) materials or products stored outdoors,
except final products intended for outside use (e.g., new cars), if exposure to
storm water does not result in the discharge of pollutants;
(vii) materials contained in open,
deteriorated or leaking storage drums, barrels, tanks and similar
containers;
(viii) materials or
products handled/stored on roads or railways owned or maintained by the
discharger;
(ix) waste material,
except waste in covered, non-leaking containers (e.g., dumpsters) ;
(x) application or disposal of process
wastewater, unless otherwise permitted; and
(xi) particulate matter or visible deposits
of residuals from roof stacks/vents not otherwise regulated, i.e., under an air
quality control permit, and evident in the storm water outflow;
(d) the following certification
statement, which must be signed in accordance with the signatory requirements
of ARM 17.30.1323: "I certify under penalty of law that I have read and
understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining an exclusion from MPDES storm water permitting; and
that there are no discharges of storm water contaminated by exposure to
industrial activities or materials from the industrial facility identified in
this document (except as allowed under ARM
17.30.1116(3) ).
I understand that I am obligated to submit a no-exposure certification form
once every five years to the department and, if requested, to the operator of
the local MS4 into which this facility discharges (where applicable). I
understand that I must allow the department, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the
condition of no exposure and to make such inspection reports publicly available
upon request. I understand that I must obtain coverage under an MPDES permit
prior to any point source discharge of storm water from the facility. I certify
under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information submitted.
Based upon my inquiry of the person or persons who manage the system, or those
persons directly involved in gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations."
75-5-201,
75-5-401, MCA; IMP,
75-5-401,
MCA;