Advanced BMPs for Industrial Facilities: Feasibility, Costs, Agreements, and Alternatives
The California (IGP) requires technology-based effluent limitations applicable to industrial activities that are based on best conventional pollutant control technology for pollutant removal. Additionally, the IGP requires that industrial dischargers shall “not cause or contribute to an exceedance of a water quality objective” and comply with soon do be adopted TMDLs. Once a facility has reached Level 2 status, choosing and installing functional BMPs and reporting the performance in the ERA Technical Report is required. If the facility decides to implement advanced BMPs, the facility must either implement BMPs to eliminate future Numeric Action Level (NAL) exceedances, or justify what BMPs will be implemented to comply with the Permit even if the BMPs will not eliminate future exceedances of NALs. However, justifying a NAL exceedance does not exempt the facility from complying with receiving water limitations or TMDL limitations. Thus, a facility that justifies a NAL exceedance may still be subject to agency or citizen suit enforcement based on the data it submits to SMARTS. As more facilities enter Level 2, industrial operators need to consider their options addressing these liabilities through obtaining a Non-Exposure Certification (NEC), Advanced BMPs or the retention of the 85th percentile storm event.
This presentation will consider the factors that operators need to consider in the selection and implementation of each of these strategies. These include; feasibility of a BMP to accomplish the pollutant removal sufficient to address NALs, receiving water limitations, and TMDLs; cost of each strategy including both upfront and O&M; legal agreements with tenants, landowners, or MS4s as well as permitting requirements from local, state and federal agencies. This presentation will explore BMPs ability to meet water quality objectives, and the true lifecycle costs versus cost to achieve an NEC or retention of the 85th percentile storm event. This presentation will also focus on the legal implications for poor-performing BMPs in the context of Consent Judgments and Receiving Water Limitations. Additional legal considerations presented will include manufacturer warrantees, indemnities and bonding.
Mr. Rosenbaum develops compliance strategies for clients regulated under the storm water provisions of the Clean Water Act. He helps clients develop and implement solutions to environmental regulations that are both legally defensible and economically sustainable. He also assists his clients in defending their regulatory compliance programs against challenges by regulatory agencies and environmental groups. Mr. Rosenbaum is an attorney, a QISP and a ToR. He chairs the San Diego BIA water committee and is an adjunct professor at UCSD and Thomas Jefferson School of Law where he teaches water law and land use law.