NPDES Direct Discharge Permitting

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Industrial and commercial wastewater, construction and industrial storm water, and some general permits are managed through the National Pollutant Discharge Elimination System (NPDES) permit program, authorized by Section 402 of the federal Clean Water Act (CWA). The NPDES permit program was created in 1972 by the CWA and with the purpose of addressing water pollution by regulating point sources. Many state agencies have authority from the U.S. Environmental Protection Agency (EPA) to issue NPDES permits.

Who needs a NPDES Direct Discharge Permit?

Sites discharging wastewater pollutants directly from their site or point sources to surface waters (or the surface) must obtain an NPDES Permit. This includes direct dischargers of various industrial and commercial wastewater, construction and industrial storm water, and discharges from municipal wastewater systems or publicly owned treatment works (POTW). There are two (2) permit types: An individual permit and a general permit.  An individual permit is a permit specifically tailored to a specific facility. The permitting authority develops a permit based on the site’s information contained in the permit application (e.g., type of activity, nature of discharge, receiving water quality). A general permit covers a group of dischargers with similar qualities, and offers a cost-effective option for permitting agencies because of the large number of facilities that can be covered under a single permit.

How will my Application be processed?

In most cases, application forms (e.g., Form 1, 2C-F, etc.), regulatory reviews of categorical standards, topographic maps, process flow line diagrams, and extensive sampling data are required with the application. If the application is incomplete or if additional information is required, the applicant will be notified by the reviewing agency. When all information has been received, the application is either approved or denied. If approved, a draft permit is prepared and public notice may be initiated. After considering company and public comments, the appropriate revisions are made, and the final permit is issued. The permit process can typically take from six (6) to twelve (12) months, and the permit is normally issued for a term of five (5) years. A site should keep these timelines in mind when planning a new site or modifying an existing site.

What fees are required?

NPDES Permitting fees can vary from $0 to several thousand dollars depending on the issuing agency. These fees are typically due with submittal of the application.

What are my responsibilities after the Permit is issued?

The site (or applicant) is required to operate within the established limitations on the concentration and/or mass of pollutants and all other permit requirements. Minor modifications can sometimes be made administratively, but major changes will likely require an action by the permitting authority and typically a public notice requirement. For renewals, keep in mind that applications are usually required to be submitted at least 180 days before the existing permit expires.

The applicant is responsible for complying with all the applicable rules, regulations and permit requirements which are outlined in the permit. These include meeting specified effluent limitations and fulfilling monitoring, sampling, and reporting requirements to assess effluent quantity and quality (biological, chemical and physical characteristics).  The monitoring results will be submitted routinely through Discharge Monitoring Reports (DMRs).

For questions or need assistance with NPDES Direct Discharge Permitting and Compliance, contact Environmental Compliance & Safety at: