Stormwater FAQs
Typically, NPDES permit coverage is effective for five years. NPDES permits can be renewed at any time after the permit holder applies. Further, NPDES permits may be administratively extended if the facility reapplies more than 180 days before the permit expires and EPA or the authorized state does not renew the permit before its expiration date through no fault of the permittee.
A Notice of Intent (NOI) for a general permit is a notification to the regulatory authority of a planned discharge for which NPDES coverage under a general permit is needed and contains information about the discharge and the facility. The NOI serves as the facility’s notice to the permitting authority that the facility intends for the discharge to be authorized under the terms and conditions of that general permit. By signing and submitting the NOI, the operator is certifying that the discharge meets all of the eligibility conditions specified in the general permit (e.g., that a discharge management plan has been developed if necessary) and that the operator intends to follow the terms and conditions of the permit. A fraudulent or erroneous NOI invalidates permit coverage. An incomplete NOI will delay permit coverage until such time as the NOI has been completed.
The permit will require the facility to sample its discharges and notify EPA and/or the state regulatory agency of these results. Also, the permit will require the facility to notify EPA or the state when the facility determines it is not in compliance with the requirements of a permit. EPA and state regulatory agencies will send inspectors to companies in order to determine if they are in compliance with the conditions imposed under their permits.
Federal laws provide EPA and authorized states with various methods of taking enforcement actions against violators of permit requirements. For example, EPA and state regulatory agencies may issue administrative orders which require facilities to correct violations and that assess monetary penalties. EPA and state agencies may pursue civil and criminal actions that may include mandatory injunctions or penalties, as well as jail sentences for persons found willfully violating requirements and endangering the health and welfare of the public or environment. Further, the general public can enforce permit conditions. If any member of the general public finds that a facility is violating its NPDES permit, that person can independently start a legal action, unless EPA or the state regulatory agency has already taken an enforcement action.
Learn more on J. J. Keller's Stormwater Compliance Topic Page.