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ECAR
Fact Sheet for North Dakota Regulations BACK to VIRTUAL TOUR 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. How to Get Permit Coverage. Start by downloading and carefully reading the Notice of Intent (NOI) form and General Permit (NDR02-0000) found below under "Links to the Regulations and Forms". To apply for coverage under the general permit, you must: 1. Prepare a storm water pollution prevention plan (SWPPP) according to the outline described in Part II.C of the general permit. 2. Complete and submit a notice of intent (NOI) form along with the prepared SWPPP at least 30 days before starting industrial operations to: North
Dakota Department of Health If your facility was authorized to discharge stormwater under the previous general permit, you may retain continued coverage by submitting a written renewal request to the Department at least 15 days before the expiration date of the previous permit. Your existing SWPPP will be considered still in effect, however you should amend the plan to incorporate changes at the facility as described in Part II.C of the general permit. You may consider your facility authorized to discharge in accordance with the conditions of the general permit if you do not receive a request for additional information or a notification of denial within 10 days of the Department’s receipt of the application. 2. The general permit (NDR02-0000) expires at midnight on March 31, 2005. 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 VI of Permit NDR02-0000). Below is a summary of key requirements. 1. A storm water pollution prevention plan (SWPPP) must be developed for each facility covered under the general permit, and submitted to the ND Department of Health with the NOI. This plan must be implemented upon starting industrial operations. The requirements of the plan are described in Part II of the general permit. The SWPPP must be retained on-site and made available to the authorities upon request. 2. Update the SWPPP as necessary whenever there is a change in your operations that has a significant affect on stormwater. 3. Automotive recycling operations must monitor their stormwater at least once a year for several parameters given in Part III.B.2 and Part III.B.5. The instructions for monitoring are contained in Part III.B of the permit. 4. Automotive recycling operations that are required to monitor, as described above, must complete a discharge monitoring report (DMR) form and submit a signed copy to:
The reports must be postmarked by the last day of the month following the end of each reporting period. These monitoring results must also be retained for at least three years from the date of sample collection or for the term of the permit, whichever is greater. 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 NDPDES 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 Stormwater Pollution Prevention Plan Forms 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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