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The National Urban Runoff Program (NURP) and Clean Water Act (CWA) 305(b) reports submitted to Congress in the 1980's identified contaminated storm water as one of the culprits causing water quality impairment. Congress amended the CWA in 1987 (PL 100-4) requiring EPA to address storm water runoff [CWA 402(p)]. Federal regulations were promulgated in 1990 (40 CFR 122.26) and the first general permits were issued in 1992.

Facilities that meet the definition of "Storm Water Discharge Associated with Industrial Activity" were required to apply for NPDES permit coverage by October 1992. Facilities could apply for permit coverage by one of three methods. The first and most common method was to apply for one of the two general permits. The second method was for groups of similar type industries (usually trade associations) to apply for industry specific group permits. The last method, and least commonly utilized, was to apply for an individual NPDES permit. An individual permit application involves a much lengthier process which is primarily utilized in cases where it is determined the general permit is not sufficient (e.g., the presence of endangered species).

Two Storm Water General Permits were issued on September 9, 1992. The first permit was the Non-construction Industrial Permit. It is commonly referred to as the "Baseline Industrial" permit. The second permit issued was the Construction Permit. The Baseline Industrial permit covers all facilities except those covered by the Construction Permit. The Baseline Industrial permit can be found at Federal Register, Vol. 57, No. 175, September 9, 1992, pages 41297 through 41342. The Construction Permit can be found at Federal Register, Vol. 57, No. 175, September 9, 1992, pages 41209 through 41233. Both permits became effective September 9, 1992 and expired at midnight on September 9, 1997.

The group permit applicants applied for tailor-made industry specific permits. Approximately 1400 groups applied and EPA was not capable of producing that many group permits. To resolve the problem, EPA issued the Multi-Sector storm water general permit. The Multi-Sector permit is broken down into 29 different industry sectors and sets permitting requirements based on the industry sector(s) to which the permittee belongs. The Multi-Sector permit became effective on September 29, 1995. The original industry groups that applied for permit coverage in 1992 were given until March 29, 1996, to apply for the Multi-Sector permit coverage and Multi-Sector permittees had until September 25, 1996, to complete and implement a storm water pollution prevention plan (SWPPP).

If you have questions about an industrial facility needing a storm water permit, please review the Storm Water Question and Answer documents (March 1992 and July 1993).

All three general permits could be obtained by submitting a one page application form called the Notice of Intent (NOI) and can be terminated by submitting a Notice of Termination (NOT). Permit coverage was automatically granted two days after the postmark of a complete NOI if submitted during the life of the permit. Be sure to read all of the instructions because the NOI has to be complete or is considered a defective application and permit covergage is not granted. It was recommended that the NOI be sent by certified mail so that you can prove when you sent the NOI and when EPA received the NOI.

The storm water general permits require the permittee to complete, implement and maintain a SWPPP. The SWPPP has to meet all of the requirements set forth in the permit. Please review the permit language for the specific requirements of the contents of the SWPPP. The first half of the Multi-Sector book is the fact sheet describing each of the 29 industry profiles as well as listing acceptable Best Management Practices and the second half of the book is the permit language. Even if you have the Baseline Industrial permit, you may wish to utilize many of the Best Management Practices referenced in the Multi-Sector permit. The SWPPP requirements were designed so that small businesses could develop a SWPPP. However, other alternatives for assistance in putting together SWPPPs are to hire a consultant or obtain assistance from a trade association. While most environmental consultants are reputable, it is inappropriate for EPA to recommend consultants and you are responsible for their product and its implementation. EPA has developed guidances for developing a pollution prevention plan for the Baseline Industrial and the Construction general permits and they can be ordered from the Office of Water Resource Center (202-260-7786). The Department of Defense has a Pollution Prevention Handbook (zipped and in PDF format) to identify pollution prevention technologies for the many different industrial activities in which the military is involved. While this handbook was not developed specifically for the storm water permits, it does include best management practicies and guidances that a permittee might consider for their SWPPP. Additionally, EPA's Enviro$ense web page has general information on pollution prevention.

In 1998, the Construction General Permit was reissued July 6, 1998 (63 FR 36489), and reissued a third time on July 1, 2003 (68 FR 39087). Compliance with Phase 2 of storm water construction permitting (earth disturbing between 1 and 5 acres) was required by March 10, 2003.

The Multi-Sector General Permit (Industrial, non-construction) was reissued on October 30, 2000 (65 FR 64746).