The California Industrial General Permit: Understanding Your Level Status

While obtaining and maintaining a baseline Industrial General Permit (IGP) for a facility can already be complicated with requirements for stormwater sampling, the creation of a Storm Water Pollution Prevention Plan (SWPPP) and the implementation of Best Management Practices (BMPs), a facility may find themselves assigned a Level 1 or even Level 2 status. What does that mean?

For each reporting year, from July 1^st to June 30^th, facilities covered by a Notice of Intent (NOI) under the IGP must collect samples of their stormwater runoff from Qualifying Storm Events (QSEs) four times per year. Two of the sampled QSEs must occur in the first half of the reporting year, July 1 to December 31, and the other two QSEs must occur in the second half, January 1 to June 30.

The resulting analytical reports, sometimes called Ad Hoc reports, must be submitted to California’s Stormwater Application and Report Tracking System (SMARTS) within 30 days of receipt. On July 1^st, the first day of the following reporting year, facilities are assigned one of three statuses based on their history of Numeric Action Level (NAL) exceedances—Baseline, Level 1, and Level 2.

Baseline

Facilities with no NAL exceedances in the previous reporting year are in compliance with the IGP. Generally, this means the facility can continue to conduct business as usual. All facilities start at Baseline status when beginning their NOI coverage.

Level 1

Facilities with Baseline status that have any NAL exceedances in the previous reporting year are assigned a Level 1 status at the beginning of the following reporting year.

This means the facility must file a Level 1 Exceedance Response Action (ERA) Evaluation by October 1^st of the reporting year in which they were assessed at Level 1. The facility must work with a Qualified Industrial Storm Water Practitioner (QISP) to inspect their site and assist with the development of the Level 1 ERA Evaluation, which should include information on what the possible pollutions sources are and what BMPs could be implemented to prevent future NAL exceedances.

Level 1 facilities must also submit a Level 1 ERA Report, which is a comprehensive facility analysis conducted by a QISP, by January 1^st.

Level 2

Level 2 facilities are at risk of incurring fees and violations for stormwater pollution. These fees can vary depending on the complexity of the facility and discharge and the threat to water quality caused by the discharge.

Facilities with Level 1 status based on an NAL exceedance for a specific parameter that have another NAL exceedance in following years for that same parameter are assigned a Level 2 status at the beginning of the next reporting year.

In addition, facilities are required to work with a QISP in order to develop and submit a Level 2 ERA Action Plan by January 1^st of the reporting year following assessment at Level 2 status. After a facility is assigned Level 2 status, any NAL exceedances for any parameter, not just the parameter that triggered the Level 2 status, are considered Level 2 exceedances and must be added to the Level 2 ERA Action Plan.

In addition to the Action Plan, Level 2 facilities must also submit a follow-up Technical Report prepared by a QISP on January 1^st of the year after the Action Plan is submitted, though one six-month extension may be requested.

The Technical Report must include a description and evaluation of pollution sources related to the facility’s NAL exceedances and a description and analysis of all BMPs. If the facility does not expect to eliminate NAL exceedances, the Technical Report must also include analysis of possible additional BMPs and their estimated costs, as well as an analysis explaining why the possible additional BMPs were not chosen. The Technical Report must be updated annually by a QISP if the facility continues to have NAL exceedances.

Returning to Baseline

Facilities assessed at Level 1 or Level 2 can return to Baseline status, and the eased compliance measures associated with it, if they have four consecutive samples from QSEs with no NAL exceedances.

Takeaways

With multiple exceedances, your facility can be fined for noncompliance. The best way to avoid fines, additional reporting, and potential construction is to proactively apply non-structural BMPs or consult a QISP on how your facility can prevent stormwater pollution. Once assessed at Level 1 or 2, your facility will be required to consult a QISP and develop additional reports and procedures to ensure compliance with the IGP.

Need Help?

If you want to schedule a stormwater-focused walkthrough and assessment, re-evaluate BMPs, develop a SWPPP, get started on your response to a Level 1 or Level 2 status change, or create new Standard Operating Procedures for your facility, please contact Yatziri Enriquez-Lopez, QISP, E.I.T. (909.477.7135 or yenriquez@all4inc.com) or Victor Chen, QISP (909.477.7128 or vchen@all4inc.com).

If you have questions about the Industrial General Permit or this article, please contact Amaris Bellord (626.663.1105 or abellord@all4inc.com) for more information.