Stormwater Program for Industrial Activity: Steps to Compliance

Step 1: Applicability - do you need a permit?

Step 1a: Review the SIC codes/Narrative Activities that require coverage:

• Industrial Stormwater Multi-Sector General Permit (See Appendix D for entire list of SIC codes and Narrative Activities)

Step 1b: Read sector/industry-specific fact sheets:

Have a specific question or situation regarding applicability? Check out these guidance documents:

• Is My Facility Required to Obtain the Industrial Stormwater General Permit? (wq-strm3-02b) (2/10)
• Municipally-Owned and Operated Industrial Activities (wq-strm3-10) (2/11)
• Solid Waste Facilities - A guide to Minnesota’s Industrial Stormwater Permit (wq-strm3-09) (2/11)
• Guidance on the Industrial Stormwater Permit for Transportation Sectors (wq-strm3-32) (2/11)
• Guidance on the Industrial Stormwater Permit for the Air Transportation Sector (Sector S) (wq-strm3-31) (2/11)

Step 1c: Determine your Primary SIC code

How do I know what my SIC code(s) or Narrative Activities are?

Businesses are designated by their SIC code(s) or by Narrative Activities, often for Commerce/Revenue purposes.  One way to determine what SIC codes and Narrative Activities are applicable to your facility is to refer to your federal tax form-the codes are typically located on the upper left of the Schedule C or C-EZ for Sole Proprietors, Form 1065 for Partners, Form 1120 for C Corporations, or Form 1120-S for S Corporations. 

How do I look up a SIC codes? What if I have a NAICS code?

• Find your SIC Code in the 1987 version SIC manual.
• If you have a North American Industrial Classification System (NAICS) code, enter it to find the applicable SIC code. 1997 NAICS and 1987 SIC Correspondence Tables
• Or convert that code to a corresponding SIC code on the NAICScode Web site. 

Step 1d: Determine if your industrial activities are or are not regulated:

Not authorized:

• Co-mingled wastewater & stormwater discharges: the mixture is considered wastewater and a Wastewater Discharge Permit may be required.
• Discharge to Prohibited Waters:  Any facility discharging to any water listed within MN Rule 7050.0180 Subpart 3, 4 and 5  cannot obtain the Multi-Sector General Permit.
• “Significant” discharges:  Since 1988, has your industrial activities’ acreage increased by more than 90 acres?  You may not be able to qualify for this permit.  Contact the Stormwater Hotline (651-757-2119 or 800-657-3804) with questions.

Not required:

• NPDES/SDS permit with stormwater requirements:  If your individual wastewater discharge permit or other water permit (general or individual) has stormwater requirements, you do not need to apply for the Multi-Sector General Permit.  That permit will be updated when it’s up for reissuance.
• MNG49 Permit:  If 100% of your industrial stormwater activities can be covered by the MNG49/Sand and Gravel Permit, you do not need to apply for the Multi-Sector General Permit.
• No Narrative Activities or Primary SIC code:  If you do not conduct a regulated narrative activity or regulated Primary SIC code, no permit is required.

Required

• Wood mulch/animal bedding manufacturing are regulated under either Primary SIC code 2421 Sawmills and Planing Mills, General, 2429 Special Product Sawmills, Not Elsewhere Classified, or 2499 Wood Products, Not Elsewhere Classified, which are all regulated Primary SIC Codes.
• SIC code 5153 (Grain and Field Beans: Establishments primarily engaged in buying and/or marketing grain (such as corn, wheat, oats, barley, and unpolished rice); dry beans; soybeans, and other inedible beans) is not a regulated Primary SIC code, but SIC code 4221 (Farm Product Warehousing and Storage: Establishments primarily engaged in the warehousing and storage of farm products) is a regulated Primary SIC code.

Does my Facility have construction sand and gravel, aggregate, hot mix asphalt and/or concrete activities?

Facilities with 100% of their industrial activities covered under the “Nonmetallic Mining and Associated Activities” Permit (MNG49) do not need to apply for the Multi-Sector General Permit. These activities include:

• Construction sand and gravel mining areas (SIC code 1442) that discharge stormwater and/or pit dewatering wastewater, but no wash water;
• Dimension stone, crushed and broken limestone, granite or stone mining and quarrying areas (SIC codes 1411, 1422, 1423 and 1429) that discharge stormwater only; OR,
• Hotmix asphalt production areas (SIC code 2951) that discharge stormwater only.

The MNG49 Permit can cover multiple locations.   For more information or to apply for the MNG49 Permit, go to the Nonmetallic Mining and Associated Activities program page. If a facility has additional industrial activities beyond what are listed above, either obtain the Multi-Sector General Permit for the location that has additional activities (such as local trucking, landfill activities) or obtain the Multi-Sector General Permit for portions of the facility with these additional activities.

Grain Elevators versus Grain Storage: I own or operate a grain elevator. Do I need permit coverage?

Establishments primarily engaged in buying and/or marketing grain, or country grain elevators primarily engaged in buying or receiving grain from farmers (as well as terminal elevators and other merchants marketing grain) fall within SIC code 5153, and therefore do not need permit coverage. Establishments primarily engaged in the warehousing and storage of farm products fall within SIC code 4221, which is storage only. "Storage only" means facilities that are storing grain for other purposes (i.e. ethanol facilities and grain mills), and not going to the farmers or feed stores.

Step 1e: Review definitions and regulations

• Narrative Activity means those industrial activities as defined by 40 CFR §122.26(b)(14)(i), (iv), (v), (vii) and (ix).
• Primary Standard Industrial Classification (SIC) Code for the purposes of the industrial stormwater permit, is the SIC code associated with the industrial activity that generates the greatest revenue. If revenue data is not available, the owner/operator shall base the determination on the number of employees engaged in the industrial activity. If it is not possible to determine the primary SIC code using either of these two methods, the owner/operator shall base the determination on the SIC code with the greatest production. The industrial activity that generates the greatest revenue, employs the most personnel, or has the greatest production, is the industrial activity assigned the primary SIC code.

State/Federal Industrial Stormwater Regulations

• Minnesota Rules - Chapter 7090, Storm Water Regulatory Program
• Code of Federal Regulations:  Stormwater discharge associated with industrial activity: 122.26(b)(14)

Step 1f: Review the 29 Sectors of Industrial Activity

Step 1g: Review additional guidance materials

• Industrial Stormwater Multi-Sector General Permit Frequently Asked Questions (wq-strm3-02) (03/10)
• General Industrial Stormwater Presentation at U of M Workshop (wq-strm3-20f) (8/09)
• Webcast - Applicability of Minnesota's industrial stormwater multi-sector general permit
• Industrial Stormwater Permit Guide (Printer’s National Environmental Assistance Center)

Go to Step 2