ECAR Fact Sheet for Kentucky
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.

Regulations

Storm water permits for Industrial Activity (KYR00) expired on Sept. 30, 2007. If your facility is covered by these permits, the permits are administratively continued until such time as DOW re-issues these permits. If you are regulated under the "Other" Industrial Activities permit, you are not required to submit an updated NOI at this time. Additional information pertaining to the permit status will be provided as soon as it is available. 

How to Get Permit Coverage. To apply for a Kentucky Pollutant Discharge Elimination System (KPDES) General Storm Water Permit, a Notice of Intent (NOI) must be submitted to DOW. Scroll down to “Links to the Regulations and Forms” for permitting forms. Plot plans, best management practice (BMP) plans, pollution prevention plans, maps or other information do not need to be submitted. There is no fee for a KPDES General Permit. The NOI must be submitted 48 hours before the industrial activity begins.

To apply for coverage under the general permit, you must:

Complete and submit a signed copy of the notice of intent (NOI) form to:

Unless notified by the Director to the contrary, discharge may begin 48 hours after the NOI is postmarked, even your facility has not yet received a copy of the general permit form the Division of Water.

Facilities which discharge stormwater associated with industrial activity to a municipal separate storm sewer system (MS4) must also submit a signed copy of the NOI to the operator of the MS4, 48 hours before industrial activity begins.

How to Comply with the Permit Requirements. To maintain coverage under the general permit, you must comply with all the terms of the permit (see parts II through IV of Permit KYR00). Below is a summary of key requirements.

1. 180 days after obtaining coverage by the general permit, your facility must develop a storm water Best Management Practices (BMP) plan. This plan must be implemented 356 days after discharge authorization is granted. The requirements of the plan are described in the permit in Part IV. The BMP plan must be retained on-site and made available to the authorities upon request.

2. Update the BMP plan as necessary whenever there is a change in your operations that has a significant affect on stormwater. Changes made to the plan must be implemented 30 days after they are made.

3. A facility Compliance Evaluation must be conducted at least once a year to evaluate compliance with the BMP plan. Records of the inspection and follow up actions must be prepared and retained on-site. Changes to the BMP plan that are necessary following the Evaluation must be implemented within 12 weeks.

A report summarizing the scope of the inspection must be constructed after each Compliance Evaluation and must be retained as part of the BMP plan for at least three years after the date of the inspection, or until one year after coverage under the general permit ends.

4. Your facility is required to monitor the parameters listed in Table A of the general permit. The table includes the frequency and sample type that are necessary for each required sample. Although you are not required to routinely submit the results of the monitoring, you must record all results in the provided monitoring report form and retain them for at least six years form the date of the sampling.

Your BMP plan 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 BMP plan, you must consider the use of certain BMPs that EPA and Kentucky Pollutant Discharge Elimination System (KPDES) 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.

General Permit KYR00

Federal EPA National Pollutant Elimination Discharge System (NPDES) Stormwater Regulations

Notice of Intent (NOI) Form

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. Is your facility covered under a general permit or does your facility have an individual stormwater permit? Verify that your facility is either covered under the general permit (KYR00) or has an individual stormwater permit issued by KPDES.
2. Has your facility developed and implemented a stormwater pollution prevention plan? Verify that a BMP plan has been prepared and implemented and is available onsite for inspection. Review the plan and verify that BMPs have been implemented. Update the plan when operational changes occur that impact stormwater.
3. Has your facility conducted stormwater sampling and visual inspections? Review your records to verify that required sampling and inspections have been performed. Proof of these activities must be incorporated into your BMP plan.
4. Has your facility maintained monitoring results and records? Verify that all monitoring and inspection records are maintained for at least six years from the date of sample collection or for one year after the term of the permit, whichever is greater.

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 502-564-3410 ext. 477 or email at jory.becker@ky.gov

Related ECAR Fact Sheets

1. SWPPP

Other Relevant Resources

1. Storm Water Runoff Associated with Industrial Activity permitting page
2. EnvCAP's Industrial Stormwater Resource Locator

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