All new and existing point source stormwater discharges associated with industrial activity require coverage under an NPDES Stormwater Permit from the Tennessee Division of Water Resources. The most common way to obtain coverage is the TMSP, which is available to almost any industry, but there is also an option of obtaining an individual permit.
Coverage under the TMSP is not available for stormwater that meets any of the following characteristics:
1) is regulated by an individual NPDES permit
2) receives combined treatment with non-stormwater
3) is subject to EPA effluent limitations
4) is subject to another general permit
5) contributes to a violation of water quality standards
6) is discharged from inactive mining, inactive landfills or inactive oil and gas operations occurring on federal lands where an operator cannot be identified
7) is discharged from mining operations with the exception of inactive coal mines and related facilities, construction sand and gravel mining, dimension stone mining and quarrying.
Industries that have no industrial materials and activities exposed to stormwater can submit a no exposure certification form (see below) in lieu of an NPDES permit. For information regarding stormwater discharges associated with stream alterations and construction activities, contact the Division of Water Resources.
A completed Notice of Intent (NOI) for the Tennessee Stormwater Multi-Sector General Permit (TSMP) to Discharge Stormwater Associated with Industrial Activity must be submitted at least five (5) days prior to beginning industrial activity at the site. The NOI form requires information regarding the operator/owner, facility, site location and size, industrial activity, material handling, discharging points and water receiving the discharges, existing permits, and other information.
|Notice of Intent (NOI) for Stormwater Discharges Associated with Industrial Activity under the Tennessee Multi-Sector General Permit (TMSP)||CN-1108|
No Exposure Certification
Storm Water NOI Processing
|EPA Form 3510-11|
|Annual Stormwater Monitoring Report – Use for reporting benchmark results||CN-1115|
|Discharge Monitoring Report (DMR) Form – Use for reporting numeric effluent limits results||EPA Form 3320-1|
The division will send to the permittee a written Notice of Coverage (NOC), informing the permittee that the NOI was received and stormwater discharges from the industrial activity have been approved under this general permit. The operator is authorized to discharge stormwater associated with the industrial activity as of the effective date on the division prepared NOC. A copy of the NOC shall be kept on site. No public participation is involved; however, the general permit does allow anyone to file a petition with the division asking that general coverage be revoked and an individual permit be required. The TSMP is effective through April 14, 2020.
Annual maintenance fees for the Industrial Stormwater General Permit became applicable in September of 2014. Fees range from zero for the sites less than or equal to 1 acre to $970 for sites greater than or equal to 500 acres. Permittees will be invoiced by the division once the NOI has been processed. The fees can be found in Rule 0400-40-11.
The applicant may proceed with the industrial activity upon receipt of the NOC from the division and must comply with all conditions stated in the general permit. Any planned changes or additions to the facility require the discharger to give notice to the division as soon as possible. A new NOI from the new owner must be submitted at least five (5) days before the facility is sold or transferred.
Applicants must develop a stormwater pollution prevention plan (SWPPP) prior to submitting an NOI and must submit a copy of the SWPPP with the NOI. Certain categories of industries must conduct annual analytical monitoring of stormwater discharges, with stormwater monitoring reports due 30 days after the sampling results are obtained, but no later than the March 31st of the following calendar year, whichever comes first. Almost all permittees must conduct quarterly visual examinations of stormwater discharges throughout the term of the permit.
The division has the responsibility to take all prudent steps to secure, protect and preserve the waters of Tennessee. The division and the EPA have the right to enter and inspect the facility and all related records at any reasonable time. They also may inspect any related equipment or monitoring methods. The division has the right to require an individual permit at any time if deemed necessary.