CWA NPDES Wastewater Discharge Permitting (A Primer)

Many facilities located in industrial parks may be operating without a proper permit. So, here are the few points to remember about Clean Water Act National Pollution Discharge Elimination System (“NPDES”) applicability, permitting, and compliance:

• NPDES program regulates the wastewater discharge to surface waters, directly from the facility; or, indirectly through POTW.
• A permit is generally required if process wastewater (including floor wash) is discharged to the “sewer system.”
• A discharge permit requirement can be determined based upon the SIC code of the facility, anticipated discharge volume, and where it is going.
• Most discharge permits must meet criteria promulgated in the local ordinance unless they are subject to federal categorical standards.
• The wastewater discharge permits are issued by the local sewer authority (if the discharge is to the POTW), or by the state agency (DEP) if the discharge is to the surface water (river, stream, etc.)
• Sources subject to federal categorical standards (certain industries) may be subject to local, state and federal permits if the POTW, or the state, are not approved by the EPA.

What to expect if a permit is needed:

• A comprehensive permit application can be developed in 1-2 months.
• Expect the review process to take about 6 months after the application is submitted, including a 30-day public comment period.
• Most permits require periodic monitoring of the concentration limits to demonstrate compliance. Mass limits are required, if needed. Pre-treatment is generally not needed to obtain a permit.
• A periodic discharge monitoring report is due to demonstrate compliance. Do expect annual inspections.
• The wastewater discharge permit is renewed once every 2-5 years.

A lack of permit can be a serious oversight that can result in a notice of violation (NOV), cease & desist order, substantial fines, and impaired client/investor relations. Contact Sam Joshi at (215) 389-2811 to learn more.