ECAR Fact Sheet for Kansas
Stormwater

Regulations
Self-Audit Checklist
Best Management Practices
Contacts
Related ECAR Fact Sheets
Other Relevant Resources

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The following fact sheet was prepared by the ECAR Center staff. Once prepared, each ECAR Center fact sheet undergoes a review process with the applicable state environmental agency(ies). You can check on the status of the review process here. Please read the disclaimer on the status page. While we have tried to present a summary of the essential information on this topic, you should be aware that other items, such as local regulations, may apply to you.

What You Need to Know

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.

KDHE is in the process of developing an NPDES Permit for Stormwater Runoff Associated with Industrial Activities. Until the permit is developed and issued, facilities subject to NPDES stormwater permit requirements associated with industrial activities only have to have an NOI on file with KDHE. KDHE continues to issue NPDES Stormwater Permits Associated With Construction Activities.

Regulations

Since 1990, federal regulations require automotive recyclers to obtain coverage under an industrial stormwater permit to prevent stormwater pollution. The stormwater program in Kansas is administered jointly by the Kansas Department of Health and the Environment's (KDHE) Municipal and the Industrial Programs Sections within the Bureau of Water. The Industrial Programs Section manages permits for stormwater discharges associated with construction and industrial (which includes auto recyclers) activities. The automobile recycling/dismantling/salvage industry is covered under the National Pollutant Discharge Elimination System (NPDES) industrial general permit. General permits reduce the amount of time and paperwork involved in obtaining a stormwater permit.

Industrial Stormwater:

KDHE issued the Kansas General Permit for Stormwater Runoff Associated with Industrial Activity effective September 1, 2006, and is currently in the process of notifying facilities that have filed an NOI or application on obtaining authorization under the general permit. Once a facility is notified to obtain authorization under the industrial general permit the permittee must respond with a newly completed NOI and a fee payment for the first year of coverage. If no response is received, the facility does not have authorization to discharge stormwater from industrial activities and discharges are violations of the federal Clean Water Act. Facilities that have filed an NOI in the past or filed under the group application and KDHE has not as yet notified the facility to obtain authorization are considered to have met the notification requirements for stormwater runoff associated with industrial activity.

NOIs must be sent to the following address:

Kansas Department of Health and Environment
Bureau of Water, Industrial Programs Section
1000 SW Jackson, Suite 420
Topeka, Kansas 66612-1367

For new operations, the Industrial Stormwater NOI and first annual permit fee must be sent to KDHE at least 60 days before starting the industrial activity subject to stormwater permitting provisions. Upon authorization of the NOI, a Kansas permit number and a Federal permit number will be assigned to the facility. A signed and dated copy of the authorized NOI will be provided to the permittee.

The permit fee for this general permit for stormwater runoff associated with industrial activity is $60 per year.

The primary requirement of the general permit is for the permittee to develop and implement a Stormwater Pollution Prevention (SWP2) plan. The SWP2 plan must contain certain items which are specified in the general permit, and the SWP2 plan must specify the "Best Management Practices" to be employed or what steps will be taken to minimize the contamination of stormwater runoff associated with industrial activity from the site.

Facilities can receive an authorized exclusion from industrial stormwater runoff permitting requirements if persons requesting an exclusion can certify a condition of no exposure. No exposure means all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff.

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

Notice of Intent (NOI) Form

Industrial Stormwater NOI Instructions

Industrial Stormwater General NPDES Permit – Effective September 1, 2006

Self-Audit Checklist

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.

1. Does your facility have a stormwater permit? Verify that your facility has a current stormwater permit issued by the KDHE if your facility falls under the requirement.
2. Has your facility developed and implemented a stormwater pollution prevention plan? Verify that a SWPPP has been prepared and is available on-site for inspection. Review the plan and verify that BMPs have been implemented.
3. Does your facility have a stormwater monitoring program? Review your records to verify that visual observations and sampling have been performed.

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:

• Drain all fluids from vehicles upon arrival at the site. Segregate the fluids and properly store or dispose of them.
• Maintain an organized inventory of materials used in the maintenance shop.
• Keep waste streams separate (i.e. waste oil and solvents). Non-hazardous substances that are contaminated with hazardous substances are considered a hazardous waste.
• Recycle antifreeze, gasoline, used oil, mineral spirits and solvents.
• Dispose of greasy rags, oil filters, air filters, batteries, spent coolants and degreasers properly.
• Label and track the recycling of waste material.
• Drain oil filters before disposal or recycling.
• Store cracked batteries in a nonleaking secondary container.
• Promptly transfer used fluids to the proper container.
• Do not pour liquid waste down floor drains, sinks or outdoor storm drains.
• Plug floor drains that are connected to the storm or sanitary sewer. If necessary, install a sump that is pumped regularly.
• Inspect the maintenance area regularly for proper implementation of control measures.
• Filter stormwater discharges with devices such as oil-water separators.
• Train employees on proper waste control and disposal procedures.

Outdoor vehicle, equipment and parts storage:

• Use drip pans under all vehicles and equipment waiting for maintenance and during maintenance.
• Store batteries on impervious surfaces. Curb, dike or berm this area.
• Confine storage of parts, equipment and vehicles to designated areas.
• Cover all storage areas with permanent cover (roof) or temporary cover (canvas tarps).
• Inspect the storage yard for drip pans and other problems regularly.

Vehicle, equipment and parts washing areas:

• Avoid washing parts or equipment outside.
• Use phosphate-free biodegradable detergents.
• Consider using detergent-based or water-based cleaning systems in place of organic solvent degreasers.
• Designate an area for cleaning activities.
• Contain steam cleaning washwaters or discharge under an applicable NPDES permit.
• Ensure that washwaters drain well, and are not draining into a MS4 or surface water body.
• Do not discharge wastewater into a dry well.
• All discharges authorized by the general stormwater permit must fully meet all applicable water quality standards.
• Inspect cleaning area regularly.
• Install curbing, berms or dikes around cleaning areas.

Liquid storage in above ground containers:

• Maintain good integrity of all storage containers.
• Install safeguards (such as berms) against accidental releases in the storage area.
• Inspect storage tanks to detect potential leaks. Perform preventative maintenance.
• Inspect piping systems for failures or leaks.
• Train employees on proper filling and transfer procedures.

Improper connection with storm sewers:

• Plug all floor drains if it is unknown whether the connection is to storm sewer or sanitary sewer. Alternatively, install a sump that is pumped regularly.
• Update facility schematics to accurately reflect all plumbing connections.
• Install a safeguard against vehicle washwaters and parts cleaning water entering the storm sewer unless permitted.
• Maintain and inspect the integrity of all underground storage tanks; replace when necessary.

Contacts

1. For general permit questions, contact 785-296-4347 or send email to stormwater@kdhe.state.ks.us

Related ECAR Fact Sheets

1. SWPPP

Other Relevant Resources

1. Industrial Stormwater Permit Executive Summary
   
2. EnvCAP's Industrial Stormwater Resource Locator
3. PNEAC Offers Industrial Stormwater Permit Guide

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