(1) Discharges composed
entirely of storm water are not regulated as discharges associated with
industrial activity or discharges associated with mining and oil and gas
activity if there is no exposure of industrial materials and activities to
rain, snow, snowmelt, and/or runoff, and the discharger satisfies the
conditions in this rule.
(a) For purposes of this
rule, "no exposure" means that all industrial materials and activities
are protected by a storm-resistant shelter to prevent exposure to rain, snow,
snowmelt, and/or runoff. Industrial materials or activities include, but are
not limited to, material handling equipment or activities, industrial
machinery, raw materials, intermediate products, byproducts, final products, or
waste products. Material handling activities include the storage, loading and
unloading, transportation, or conveyance of any raw material, intermediate
product, final product, or waste product.
(2) To qualify for the
exclusion in this rule, the owner or operator of the discharge must:
(a) except as provided in
(3) , provide a storm-resistant shelter to protect industrial materials and
activities from exposure to rain, snow, snowmelt, and/or runoff;
(b) complete and sign, in
accordance with ARM 17.30.1323, a certification form developed by the
department that indicates there are no discharges of storm water contaminated
by exposure to industrial materials and activities from the entire facility, except
as provided in (3) ;
(c) submit the signed
certification to the department once every five years;
(d) allow the department to
inspect the facility to determine compliance with the no-exposure conditions;
(e) allow the department to
make no-exposure inspection reports available to the public upon request; and
(f) for facilities that
discharge through an MS4, submit a copy of the certification of no exposure to
the MS4 operator, and allow inspection and public reporting by the MS4
operator.
(3) A storm resistant
shelter is not required for:
(a) drums, barrels, tanks
and similar containers that are tightly sealed, if the containers are not
deteriorated and do not leak. For purposes of this rule, "sealed"
means banded or otherwise secured and without operational taps or valves; or
(b) final products, other
than products that would be mobilized in storm water discharge (e.g., rock
salt) .
(4) The exclusion in this
rule is subject to the following limitations:
(a) the exclusion is not
available for storm water discharges associated with construction activity as
defined in this subchapter;
(b) the exclusion is
available on a facility-wide basis only, not for individual outfalls. If a
facility has some discharges of storm water that would otherwise be no-exposure
discharges, permit requirements should be adjusted accordingly;
(c) if circumstances change
and industrial materials or activities become exposed to rain, snow, snowmelt,
and/or runoff, the conditions for this exclusion no longer apply. In such
cases, the discharge becomes subject to enforcement for unpermitted discharge.
Any conditionally exempt discharger who anticipates changes in circumstances
should apply for and obtain permit authorization prior to the change of
circumstances; and
(d) the department may deny
an exclusion under this rule if it determines that the discharge causes, has a
reasonable potential to cause, or contributes to a violation of a water quality
standard, including designated uses.
(5) A no-exposure
certification must contain the following information, at a minimum, to aid the
department in determining whether a facility qualifies for the no-exposure
exclusion:
(a) the legal name, address
and phone number of the discharger;
(b) the facility name and
address, the county name, and the township, range, section and 1/4 section
where the facility is located;
(c) certification that none
of the following materials or activities are, or will be in the foreseeable
future, exposed to precipitation:
(i) use, storage or
cleaning of industrial machinery or equipment, and areas where residuals from
such activities remain and are exposed to storm water;
(ii) materials or residuals
on the ground or in storm water inlets from spills/leaks;
(iii) materials or products
from past industrial activity;
(iv) material handling equipment,
except for adequately maintained vehicles;
(v) materials or products
during loading/unloading or transporting activities;
(vi) materials or products
stored outdoors, except final products intended for outside use (e.g., new
cars) , if exposure to storm water does not result in the discharge of
pollutants;
(vii) materials contained
in open, deteriorated or leaking storage drums, barrels, tanks and similar
containers;
(viii) materials or
products handled/stored on roads or railways owned or maintained by the
discharger;
(ix) waste material, except
waste in covered, non-leaking containers (e.g., dumpsters) ;
(x) application or disposal
of process wastewater, unless otherwise permitted; and
(xi) particulate matter or
visible deposits of residuals from roof stacks/vents not otherwise regulated,
i.e., under an air quality control permit, and evident in the storm water
outflow;
(d) the following
certification statement, which must be signed in accordance with the signatory
requirements of ARM 17.30.1323: "I certify under penalty of law that I
have read and understand the eligibility requirements for claiming a condition
of "no exposure" and obtaining an exclusion from MPDES storm water
permitting; and that there are no discharges of storm water contaminated by
exposure to industrial activities or materials from the industrial facility
identified in this document (except as allowed under ARM 17.30.1116(3) ) . I
understand that I am obligated to submit a no-exposure certification form once
every five years to the department and, if requested, to the operator of the
local MS4 into which this facility discharges (where applicable) . I understand
that I must allow the department, or MS4 operator where the discharge is into
the local MS4, to perform inspections to confirm the condition of no exposure
and to make such inspection reports publicly available upon request. I
understand that I must obtain coverage under an MPDES permit prior to any point
source discharge of storm water from the facility. I certify under penalty of
law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified
personnel properly gathered and evaluated the information submitted. Based
upon my inquiry of the person or persons who manage the system, or those
persons directly involved in gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations."