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Regulations
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 Request for Authorization (RFA) form and General Permit (NJ0088315) found below under "Links to the Regulations and Forms". To apply for coverage under the general permit, you must: 1. Complete and submit a Request for Authorization (RFA) form to the address specified on the form to the following address:
The RFA form must be completed and submitted at least 30 days before initiating any stormwater discharge. The New Jersey Department of Environmental Protection (NJDEP) will issue a notification of authorization upon reviewing your request. If your facility has not received notification from the Department after the 90-day period, you may assume that authorization has been issued. If your facility is already authorized to discharge under the previous general permit, your authorization will be automatically renewed and reissued as long as the discharge remains eligible. If, however, there is any information that has been submitted in the most recent RFA that is no longer accurate, you must provide the correct information to the NJDEP within 90 days after the effective date of the new permit. If your facility discharges stormwater through large or medium municipal separate storm sewer systems (systems located in a city with a population of 100,000 or more), you are required to submit a signed copy of your RFA to the operator of that system. 2. The general permit (NJ0088315) expires at midnight on May 31, 2012. How to Comply with the Permit Requirements. To maintain coverage under the general permit, you must comply with all the terms of the permit. Below is a summary of key requirements. 1. A storm water pollution prevention plan (SPPP) must be developed for each facility covered under the general permit. A SPPP Preparation Certification (contained in Attachment C of the general permit) must be submitted to the NJDEP within six months from the effective date of your permit authorization. Within 18 months from the effective date of your permit authorization, you are required to submit an SPPP Implementation and Inspection Certification (contained in Attachment D of the general permit). The requirements of the SPPP are described in Part C of the general permit. The plan must be signed, dated, retained on-site, and made available to the authorities upon request. 2. Update the SPPP as necessary whenever there is a change in your operations that has a significant affect on stormwater. If the NJDEP reviews your facility’s SPPP and notifies you that the plan does not meet one or more of the minimum requirements of the general permit, you must amend the plan to adequately address all deficiencies within 30 days of receiving the notification. 3. At least once a year, a comprehensive inspection must be performed to evaluate compliance with the SPPP. A report summarizing the inspection must be prepared according to paragraph G of Attachment VI of the general permit and retained on-site as part of the SPPP, as described in Attachment B of the general permit. 4. Your facility must prepare an annual report that summarizes the annual SPPP compliance inspection. The annual "Attachment D", certifying that the facility is in compliance with its SPPP and the general permit, must accompany this report. If there are any incidents of noncompliance, those incidents must be identified in the certification (see attachment D), and maintained for a period of at least five years. Your facility must resubmit this certification form every year within the same calendar quarter from which you received your original permit authorization date. Your SPPP 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 SPPP you must consider the use of certain BMPs that EPA and NJDEP 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. Stormwater Discharge Master General Permit Renewal Federal EPA National Pollutant Elimination Discharge System (NPDES) Stormwater Regulations Request for Authorization (RFA) Form 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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