The Industrial Stormwater General Permit No. 1200-Z (1200-Z permit) covers a broad range of industry throughout Oregon that discharge stormwater to rivers, streams and other surface waters. The Industrial Stormwater General Permit No. 1200-COLS (1200-COLS permit) covers industries that discharge to the Columbia Slough Watershed in the Portland metro area. There are about 773 facilities registered under the 1200-Z permit and 139 facilities registered under the1200-COLS permit.
These permits regulate various pollutants from industrial activities that may be discharged in stormwater during rain and snow events. The stormwater from industrial activities discharges to rivers and streams, or to storm drains that eventually discharge to rivers and streams. Stormwater often contains pollutants that may harm aquatic life and their habitat. The permits require facilities to implement best management practices to reduce pollutants in stormwater and to meet benchmarks that measure the success of these management practices.
These permits expire every five years. DEQ renewed the 1200-Z permit in 2002 and 2007. The current 1200-Z permit became effective on July 1, 2007 and expires on June 30, 2012. DEQ renewed the 1200-COLS permit in 2006. The current 1200-COLS permit became effective on September 1, 2006 and expires on August 31, 2011.
In 2007 and 2008, two environmental advocacy groups, Northwest Environmental
Defense Center (NEDC) and Columbia Riverkeeper, challenged the current permits’
validity under the Federal Clean Water Act. DEQ settled the legal challenge and as part of
the settlement agreement agreed to revise the permits.(1) Under the settlement agreement,
DEQ agreed to:
• Issue new permits based on the EPA Multi-Sector General Permit (EPA’s permit)
for industrial stormwater discharges issued in September 2008.
• Convene an advisory committee to provide input on the proposed changes to the permits. Specifically, DEQ agreed to discuss the following issues with the committee:
| -Evaluate whether facilities should monitor their discharge at least once a
year (i.e., not allowing a monitoring waiver for facilities that consistently
meet benchmarks). - Evaluate the consequences for not meeting benchmarks. - Evaluate increasing monitoring to characterize the pollutants in industrial stormwater discharges. |
• Retain the public notice and comment provisions in the current Oregon permits
and continue to review stormwater pollution control plans.
In May 2010, DEQ and NEDC and Columbia Riverkeeper amended the settlement agreement to
provide additional time for DEQ to develop water quality-based metals benchmarks for copper, lead, and
zinc.(2)
In June 2009, DEQ convened an advisory committee comprised of representatives of affected
industries, small businesses, municipalities, environmental groups and stormwater consultants. The
committee met sixteen times from June 2009 to April 2011 and provided input to DEQ on the proposed
changes to the permits.
DEQ is proposing significant changes to the permits. DEQ made these changes based on settlement
agreements with NEDC and Columbia Riverkeeper, advisory committee input and the evaluation of the
federal EPA MSGP permit. These changes include the following:
• Significantly lowering the metals benchmarks for copper, lead and zinc based on an evaluation of
the state’s waters.
• Requiring certain industries that are not consistently achieving the benchmarks to hire a professional
engineer or certified engineering geologist to design their stormwater plan and identify best
available technologies to reduce pollutants.
• Adding more pollutant monitoring:
| - Industries that discharge to impaired waters that are not meeting the state water quality
standards will monitor for impairment pollutants on DEQ’s 303(d) list and take corrective
actions if these pollutants are present in their discharge. - Industries will monitor for Polycyclic Aromatic Hydrocarbons (PAHs) and a broader suite of metals (cadmium, chromium and nickel) to determine if they are present in industrial stormwater. Certain industries will also monitor for industry specific benchmarks. |
• Improving efficiency and effectiveness in the reporting process. This includes specifying events which require submission of revised stormwater plans.
The proposed permits contain requirements for new and existing discharges to impaired waters with or without EPA approved TMDLs.
• New dischargers are only eligible for discharge authorization if they demonstrate (and document)
that there is either no exposure of stormwater to the pollutant for which the water is
impaired, or the impairment pollutant is not present at the facility, or that the discharge is not
expected to cause or contribute to a water quality standards exceedance. |
TABLE OF DEQ's PROPPOSED BENCHMARKS
permit.
| • Focus on those facilities that consistently fail to meet the statewide benchmarks (Tier II) and
require that these facilities install the best available technology to reduce the pollutants below
benchmarks. These facilities must hire a licensed professional engineer or certified engineering
geologist to add scrutiny to the selection of control measures to address the pollutants of
concern and revise the SWPCPs. • Clarify the timeline and corrective actions facilities must take if they exceed benchmarks. • Provide flexibility for facilities to evaluate all available control measures such as operational, structural or treatment BMPs to address the pollutants of concern. Facilities should first consider source control measures, if possible, before implementing more resource intensive BMPs such as installing a treatment system.• Promote the use of volume reduction measures such as low impact development practices to reduce stormwater flow and control the mass load of pollutants that enter the receiving stream. • Promote innovations in stormwater management. • Improve the quality of industrial stormwater discharge over time. |
DEQ is proposing to the following changes to the monitoring requirements:
| • Types of pollutants monitored: Expanding the number of pollutant parameters that permit registrants
must monitor in stormwater runoff. In addition to the statewide benchmarks retained
from the current permit, certain registrants must monitor pollutants based on their industrial
sector and impairment pollutants based on discharges to impaired waterbodies. DEQ is also
proposing that facilities monitor additional pollutants (PAHs, chromium, nickel and cadmium)
to identify if these pollutant sources are commonly present in industrial stormwater and to
inform future permit development. • Timing of sample collection: If practicable, facilities must collect a seasonal first flush sample of the “first fall storm event” after September 1 that produces a discharge from the facility. Also, if practicable, facilities are also required to collect samples within the first twelve hours of the storm event. • Sampling Method: For the first two years of coverage under the permit, grab composite sampling will be used to collect samples if practicable. Facilities will collect three grab samples and combine them into one sample that is then analyzed by the laboratory. Utilizing the grab composite monitoring method will yield more representative analytical results than individual grab sampling. |
The public comment period closed on June 16, 2011. DEQ plans to issue these permits by September 1, 2011. The 1200-COLS permit will become effective on September 1, 2011. The 1200-Z permit will be become effective on July 1, 2012. Once the permits are issued, there will be a period of time where facilities will renew their coverage under the new permits. The draft permits and the factsheet that explains the changes to the permits are located on DEQ’s website at http://www.deq.state.or.us/wq/stormwater/industrial.htm. For Additional Information: Jenine Camilleri, DEQ Stormwater Coordinator, 503/ 229-6775. |
by Jenine Camilleri, DEQ Stormwater Coordinator (Portland)
Issue #467 / June 2011
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| Jenine Camilleri is a Stormwater Coordinator for Oregon Department of Environmental Quality working out of the Headquarters office in Portland, Oregon. She started in this position in January 2006. She has been working on the revisions to the NPDES Industrial Stormwater General Permits. She has worked for DEQ since 2000. She worked for six years as an Environmental Law Specialist in DEQ’s Office of Compliance and Enforcement. She received a JD from Northwestern School of Law at Lewis and Clark College in Portland, Oregon and a BS in Environmental Policy Studies at Michigan State University. |
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| Oregon Department of Environmental Quality (DEQ |
| Industrial Stormwater General Permits Nos. 1200-Z and 1200-COLS |
| Columbia Riverkeeper |
| Northwest Environmental
Defense Center (NEDC) |
