4 The record articles

Utah Division of Water Quality to Renew the Utah General Multi-Sector Industrial Storm Water Permit

Posted: November 7th, 2023

Authors: Joseph I. 

Background:

The Utah General Multi-Sector Industrial Storm Water Permit (MSGP or Permit) under the Utah Pollutant Discharge Elimination system (UPDES) is required to be obtained by industrial facilities. The facilities include manufacturing facilities, mining operations, landfills, steam electric plants, automotive recyclers, waste and metal recycling, larger wastewater treatment plants, and transportation plants. This Permit covers all new and existing point source discharges of storm water to waters of the State in accordance with the eligibility and Notice of Intent (NOI) requirements, discharges point(s), effluent limitations, inspection and monitoring requirements, and other conditions set forth in the UPDES Permit.

This Permit covers the State of Utah except for Indian Lands. On Indian lands, the storm water Permit must then be acquired through the Environmental Protection Agency (EPA) Regions VIII and IX. This Permit became effective on January 1, 2019, and renews every five years based on groups made of sectors. Appendix I of the Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activities can be checked to determine your sector designation and the Permit coverage.

Changes:

There will be reorganizational changes made to the Permit, with some more significant changes in the renewal timeline. The groups mentioned are being discontinued, with all groups being merged and being required to report every five years following January 1 when this Permit becomes effective. All sectors and groups will need to renew after the 2028 expiration of this new Permit, whereas those with expiring Permits will need to renew after January 1, 2024.

What your facility needs to do?

When the Permit expires, the NOI must be recertified, or a new NOI submitted for continued permit coverage. Facilities affected will be required to renew their Permit to ensure authorized continued operation of discharging water. To be authorized to discharge water under this Permit, dischargers must submit a complete NOI using the NOI form that can be found on the Utah Department of Environmental Quality (DEQ) This includes paying the appropriate permit fee.

The Permit can be paid online using the NeT MSGP website now for the next year until 60 days after the Permit’s renewal on January 1, 2024. This is also the allotted time to renew the Permit.

Until a new Permit is issued, the expired general Permit will continue in force and effect if a timely reapplication is made for the new Permit (UAC R317-8-3.1(1)(d)). This process includes submitting a new or recertified NOI. Failure to submit the NOI within 30 days of the Permit’s expiration date will result in termination of coverage leading to a loss of authorization to discharge water in the State of Utah.

In the event that this Permit is not renewed by the Division of Water Quality, Permittees will be notified by the Director of the Division of Water Quality and provided instructions on how to stay in compliance with the Utah Water Quality Act and the Utah Wastewater Rules (UAC R317-8) with the discharge covered by this Permit.

New facilities that do not discharge any water will need to formally opt for exclusion from obtaining this Permit by submitting a No Discharge form and providing supporting documentation to the District of Water Quality. To terminate coverage under this Permit, a Notice of Termination (NOT) must be submitted to the District of Water Quality. Permittees who are no longer required to have permit coverage due to having a No Exposure Certification (NEC) or No Discharge Certification (NDC) under UAC R317-8-3.9 must submit a NOT. The NOT, NEC, and NDC can all be found on the State DEQ website.

New Facilities that do discharge water will need to apply online for permit coverage in . The new facilities must prepare a Storm Water Pollution Prevention Plan (SWPP) prior to submitting the NOI, or before starting facility operations.

Next Steps for your Facility:

There will be a stakeholder review with more information hosted in November 2023, where more information can be found. In the meantime, updating or developing your SWPP should be started.

If you have any questions about stormwater permitting, SWPP planning, and how ALL4 can help, please contact your All4 project manager or call us at 610.933.5246 for more information on Storm Water Compliance.

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