NPDES Storm Water (Industrial) No Exposure Certification

Agency: Environment, Great Lakes, and Energy

The Department of Environment, Great Lakes, and Energy (EGLE) requires the submittal of the No Exposure Certification (NEC) for facilities subject to the industrial storm water regulations which claim no exposure of industrial activity.

A. NAME OF PERMIT OR APPROVAL:

National Pollutant Discharge Elimination System, Industrial Storm Water Program

No Exposure Certification (NEC)

B. STATUTORY AUTHORITY:

Part 31, Water Resources Protection of the Natural Resources Environmental Protection Act, PA 451 of 1994, as amended.

Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq. (Clean Water Act)

C. APPLICABLE REGULATION:

Water Resources Protection - Part 21, Wastewater Discharge Permits (R 323.2101 - 323.2197) (Rule 323.2161).

Title 40 Code of Federal Regulations, Part 122, EPA Administered Permit Programs: The National Pollutant Discharge Elimination System (40 CFR 122.26)

D.  SUMMARY OF PERMIT/APPROVAL PROCESS:

1.  Applicability (activities that require the permit)

Facilities with storm water discharges subject to permitting must obtain NPDES permit coverage under the Industrial Storm Water general permit or submit a No Exposure Certification (NEC). Detailed information can be found on the Program webpage.

2.  Pre-Application Requirements

To meet the NEC requirements, facilities can not have any exposure of industrial activity to storm water.

3.  Application Submission Requirements

NPDES applications are accessed and submitted through the EGLE’s MiWaters system, https://www.michigan.gov/egle/0,9429,7-135-3313_72753---,00.html.

Applicants requesting NEC must complete the following form:

  • No Exposure Certification (NEC) for Exclusion of Coverage under the NPDES Storm Water Discharges Associated with Industrial Activity.
4.  Procedures and Time-Frame for Obtaining Permit or Approval

Once a completed application has been received, EGLE may it the facility to verify the NEC request. Typical time frames are less than 60 days from the receipt of a complete NEC. EGLEnot required to respond to the NEC submittal.

NEC's must be renewed every five years.

5.  Operational Requirements

If circumstances change and industrial materials or activities become exposed to rain, snow, snowmelt, or runoff, or any combination, then the conditions for this exclusion no longer apply. Any conditionally exempt discharger who anticipates changes in circumstances shall apply for and obtain permit authorization before the change of circumstances.

6.  Fees

There is no application fee for the NEC.

7.  Appeal Process

Any person to whom the NEC is not acceptable may file a sworn petition through the Administrative Hearings process of the Michigan Department of Licensing and Regulatory Affairs, setting forth the conditions of the NEC which are being challenged and specifying the grounds for the challenge. EGLE may grant a contested case hearing based on those challenges in accordance with NREPA. EGLE may also grant a contested case hearing on a COC issued under a general permit in accordance with Rule 323.2192(c) of the Michigan Administrative Code.

8.  Public Input Opportunities

A public hearing may be held upon request and if determined appropriate by EGLE.

E. ADMINISTERING AGENCY:

EGLE, Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909

Revision Date: July 2019