The Clean Water Act requires virtually every automotive salvage or recycling operator to obtain a stormwater permit. The exceptions to this rule are few, and they are explained further in the detailed information provided below. Therefore, if you own or operate a salvage or recycling operation and you do not currently have a stormwater permit, you most likely are out of compliance. The purpose of this fact sheet is to help you either to get into compliance or to assist you to develop a more efficient and effective compliance strategy. Rain or snow falling on your property can pick up contaminants as it runs off, and can carry the contaminants through drainage systems directly into streams, rivers, and lakes. The term "stormwater" refers to this type of runoff. In 1987, Congress mandated that "industrial" sites obtain stormwater permits. In 1990, EPA defined "industrial" to include, among many other types of sites, "salvage yards and automotive [recyclers]." [Title 40 CFR 122.26(b)(14)(vi)]. These mandates apply across the country, regardless of your state. Congress and EPA took this action because stormwater that comes in contact with metals, oil and grease, used batteries and tires, and other materials common at automotive recycling facilities may cause localized pollution that can affect the local community’s ability to swim and fish in lakes, rivers, and streams. For example, the mercury that still may be found in old automotive switches or even some new parts is toxic to humans and to the fish they may catch and eat. By obtaining a stormwater permit, and more importantly, by taking some common sense actions under the permit to prevent stormwater contamination, you can provide your community with environmental benefits to compliment the value of recycling end-of-life vehicles. Although Congress and EPA created the national rules that provide the basic framework for stormwater regulations, the rules are implemented by the individual state environmental agencies. EPA may help certain states develop programs and it provides guidance to all states, but for the most part, you obtain a stormwater permit from your state environmental agency. Information about your state permit, compliance requirements, contact information, and other helpful hints are provided in the following pages of this site. The most important part of the compliance program is developing a stormwater pollution prevention plan, and this site will help you to develop such a plan. The key for you is to make sure that you implement the plan and adhere to your legal obligations.
The State of Alaska follows the federal stormwater regulations that were published in 1990. The regulations identified several types of industries that are required to apply for National Pollutant Discharge Elimination System (NPDES) permits if stormwater (rain or snowmelt) contacts areas of industrial activity at the facilities and discharges into a lake, stream or other surface water body. Recycling facilities (including auto salvage yards) engage in a number of industrial activities that are covered under the regulations. You can determine if a stormwater permit is necessary for your recycling facility by answering the following questions:
All commercial businesses have an industry-specific 4-digit Standard Industrial Classification (SIC) code number based on the primary activity of the business. Several SIC codes relating to recycling industries are listed in the federal stormwater regulations. Operators of facilities with listed SIC codes are required to apply for stormwater discharge permits if they also meet conditions 2 and 3 below. The following SIC codes are among those listed in the regulations: 5015 Motor Vehicle Parts, Used Establishments primarily engaged in the wholesale or retail distribution of used motor vehicle parts. This includes dismantling vehicles for the purpose of selling parts. 5093 Scrap and Waste Materials Establishments primarily engaged in assembling, breaking up, sorting, and wholesale distribution of scrap and waste materials. Some establishments have more than one SIC code, depending on the types of activities performed. The primary SIC code (based on the greatest source of revenue) is used to determine if an establishment is included in the stormwater regulations.
"Stormwater runoff" consists of rain, snow or any other form of precipitation that falls on the facility and runs (flows) off the property. Stormwater that does not discharge off the site of a regulated industrial activity or which does not follow a definable path to a surface water body will not need a permit. "Surface waters of the state" include lakes, rivers and streams, county drains, road side ditches and all other water courses and waters within the confines of the state and also the Great Lakes bordering the state. Discharges through a separate storm sewer system are also considered to be discharges to waters of the state. A recycling facility needs a stormwater discharge permit if it meets both of the conditions listed above. A stormwater discharge permit application is not needed if one or more of the above conditions do not apply to the facility. Exceptions. Under the conditional no exposure exclusion, operators of industrial facilities in any of the 11 categories of "stormwater discharges associated with industrial activity," have the opportunity to certify to a condition of "no exposure" if their industrial materials and operations are not exposed to stormwater. As long as the condition of "no exposure" exists at a certified facility, the operator is excluded from NPDES industrial stormwater permit requirements. Permit Application. Most auto recyclers qualify for a "general" permit, which reduces the amount of time and paperwork involved in obtaining a stormwater permit. To apply for a general permit, auto recyclers must:
Your SWPPP must include a description of potential sources of stormwater pollution and measures and controls, including best management practices (BMPs) that will be implemented at your facility to prevent or minimize stormwater contamination. When developing the SWPPP you must consider the use of certain BMPs that EPA and DEC consider applicable to specific areas such as vehicle dismantling/storage areas and fluids storage areas. For more specific information on developing a Pollution Prevention Plan, visit the ECAR SWPPP fact sheet. Links to the Regulations and Forms. Use the following links to view the regulations pertaining to stormwater management. Federal EPA National Pollutant Elimination Discharge System (NPDES) Stormwater Regulations When an inspector comes to your facility, there are certain things he or she checks to see if you are in compliance with environmental regulations. It makes good sense for you to perform a "self-audit" and catch and correct problems before they result in penalties. Also, there are some compliance incentives associated with self-audits (see Audit Policy Page). Use the following list to audit your stormwater permit.
Best Management Practices (BMPs) The following is a list of BMPs for auto salvage facilities identified by EPA when the stormwater regulations were published: Dismantling and vehicle maintenance:
Outdoor vehicle, equipment and parts storage:
Vehicle, equipment and parts washing areas:
Liquid storage in above ground containers:
Improper connection with storm sewers:
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