Navigating SB 205 to Keep Your Business License Intact
Senate Bill 205 (SB 205) became effective on January 1, 2020 and requires a business applying for a new or renewed business license to demonstrate enrollment in a National Pollutant Discharge Elimination System (NPDES) storm water permit, if a permit is required. All across the state, facilities have been receiving questionnaires and requests for information from their city or county to demonstrate compliance with NPDES requirements, most commonly the Industrial General Permit (IGP). This presentation will go into detail about what information is being requested in SB 205 notices, citing specific examples from various local jurisdictions. The most important applicability factor, the Standard Industrial Classification (SIC) code, will be reviewed and methods for determining SIC code will be discussed along with examples of what is considered a primary vs. auxiliary SIC code, and which SIC codes require permit coverage.
For facilities that are determined to need IGP coverage, SB 205 allows only a compressed timeframe for sites to come into compliance. The presentation will provide a simple to follow outline of what actions are required if a site is a “covered” facility in Attachment A of the IGP. ALG will provide a visual comparison of what would constituent a site being considered for a No Exposure Certification (NEC) or filing a Notice of Intent (NOI). Enrolling in the IGP could potentially be simple if your operations are indoors, under cover, or otherwise not exposed to storm water. However, if outdoor exposure to industrial materials or activities exists, your compliance obligations could be greatly increased. This includes implementing developing a Storm Water Pollution Prevention Plan (SWPPP), minimum Best Management Practices (BMPs), conducting storm water sampling and visual monitoring, staff training, recordkeeping, reporting to the State Water Board, and paying annual registration fees.
As SB 205 was put into effect to level the playing field by locating and incorporating non-filers into the listing of covered facilities, we now must all work together to meet the requirements of the IGP and improve our water quality for years to come. This presentation is intended to give insight to covered facilities so that they can take action to come into compliance with the IGP.