Program for Industrial Activity - Conditional No Exposure Exclusion
A Conditional No Exposure Exclusion from the NPDES Stormwater Permitting Program is available for industrial facilities whose processes and materials are not exposed to stormwater or stormwater run-on. This exclusion is applicable to ALL categories of stormwater discharges associated with industrial activity as defined in 62-620.200(48), F.A.C., which incorporates by reference 40 CFR 122.26(b)(14).
Facilities that meet the conditions set out in the Conditional No Exposure Exclusion must submit a certification to be excluded from the requirement to obtain an NPDES industrial stormwater permit. Facilities that do not meet the conditions set out in the Conditional No Exposure Exclusion must obtain a NPDES Multi-Sector Generic Permit or Individual Permit. To obtain the Conditional No Exposure Exclusion, a regulated industrial operator must complete the following steps:
The applicant for the Conditional No Exposure Exclusion is affirming under penalty of law that a condition of no exposure exists at its facility. Filing a false certification could result in civil and criminal penalties. If exposure occurs (or is anticipated to occur) at the facility, the exclusion is no longer valid and an NPDES stormwater permit must be obtained immediately. If the condition of no exposure is maintained, the certification is valid for five years.
For more information, please see EPA’s Guidance Manual for Conditional Exclusion from Stormwater Permitting Based on "No Exposure" of Industrial Activities to Storm Water. (191KB)
Last updated: July 21, 2015
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