Conveyances which discharge storm water runoff contaminated by contact with
wastes, raw materials, or pollutant-contaminated soil, from lands or facilities used for
industrial or commercial activities, into waters of the United States or into separate
storm sewers are point sources that must obtain NPDES permits.
188.8.131.52 Filing Date. EPA requires an application for a NPDES permit to be filed at
least 180 days before the discharge is to begin. However, in view of the environmental
review required of new sources, EPA recommends filing much earlier.
184.108.40.206 NPDES Permit. The NPDES permit application consists of two consolidated
forms. Form 1 is a general information form about the applicant the proposed facility.
The other part of the NPDES permit application for a proposed facility is to adapt Form
2C (for existing facilities) to reflect the fact that there are no discharges from the
EPA will not issue an NPDES permit under any of the following circumstances.
a) When the conditions of the permit do not provide for compliance with the
applicable requirements of the CWA, or regulations promulgated under the CWA.
b) When the applicant is required to obtain a state or other appropriate
certification under Section 401 of the CWA and that certification has not been obtained
c) When the imposition of conditions cannot ensure compliance with the
applicable water quality requirements of all affected states.
d) When in the judgment of the Corps of Engineers, anchorage and navigation
in or on any of the waters of the United States would be substantially impaired by the
e) For the discharge of any radiological, chemical, or biological warfare
agent or high-level radioactive waste.
f) For any discharge inconsistent with a plan or plan amendment approved
under Section 208(b) of the CWA.
g) To a new source of a new discharger, if the discharge from its
construction or operation will cause or contribute to the violation of water quality
standards. A NPDES permit will be issued for a term not to exceed five years. The
conditions of an NPDES permit issued to a source which is subject to a new source
performance standard (NPDES) cannot be made more stringent for the shortest of the