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Federal regulations, 40 CFR Subpart 122.26(b)(14), lists types of industrial activities that must have a permit for the discharge of stormwater. The industries that are included are mostly identified by Standard Industrial Classifications, (SIC) or by a description of the industrial activity. The industrial activities listed below must have permit coverage for their stormwater discharge if the discharge is to surface water.
1. Facilities subject to stormwater effluent limitations guidelines, or new source performance standards specified in 40 CFR Subchapter N, or TOXIC POLLUTANT EFFLUENT STANDARDS under 40 CFR Subchapter D.
2. Facilities listed under the following Standard Industrial Classifications (SIC):
24xx Lumber and Wood Products (except 2434 - Wood Kitchen Cabinets, see Category 11) 26xx Paper and Allied Products (except 265 - Paperboard Containers; and 267 - Converted Paper and Paperboard Products, see Category 11) 28xx Chemicals and Allied Products (except 283 - Drugs; and 285 Paints, Varnishes, Lacquers, Enamels, and Allied Products, see Category 11) 29xx Petroleum and Coal Products, (except 2951 - Asphalt Concrete Plants, must apply for the sand and gravel general permit) 311x Leather Tanning and Finishing 32xx Stone, Clay and Glass Products (except 323 - Glass Products made from purchased glass, see category 11) and (except 3273 - Ready-Mixed Concrete, must apply for the sand and gravel general permit) 33xx Primary Metals Industries 3441 Fabricated Structural Metal 373x Ship and Boat Building and Repairing
3. Facilities classified as SICs 10 Through 14 (mineral industry) listed below, including active or inactive mining operations [except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR 434.11(1) Subchapter N (Coal Mining Point Source Category: BPT, BAT, BCT Limitations and New Source Performance Standards) because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas on noncoal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990] and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations. Inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator. Inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim.
10xx Metal Mining 12xx Coal Mining 13xx Oil and Gas Extraction 14xx Mining and Quarrying of Nonmetallic Minerals, except Fuels (except 1411 - dimension stone; 1422 - Crushed and Broken Limestone; 1423 - Crushed and Broken Granite; 1429 - Crushed and Broken Stone, Not Elsewhere Classified; 1442 - Construction Sand and Gravel; 1446 - Industrial Sand, 1445 - Kaolin and Ball Clay; 1459 - Clay, Ceramic, and Refractory Minerals, Not Otherwise Classified; 1499 - Miscellaneous Nonmetallic Minerals, Except Fuels; must apply for the sand and gravel general permit)
4. Hazardous waste treatment, storage, or disposal facilities, including those operating under interim status or a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA).
5. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described in this appendix) including those subject to regulation under Subtitle D of RCRA.
6. Recycling facilities, facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093.
7. Steam electric power generating facilities, including coal handling sites.
8. Transportation facilities classified under SICs below, which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations or which are otherwise identified under one of the other 11 categories of industrial activities listed in this appendix are associated with industrial activity.
40xx Railroad Transportation, 41xx Local and Interurban Passenger Transportation, 42xx Motor Freight Transportation and Warehousing (except 4221Farm Product Warehousing and Storage; 4222 Refrigerated Warehousing and Storage; and 4225 General Warehousing and Storage; see Category 11), 43xx United States Postal Service, 44xx Water Transportation, 45xx Transportation by Air, 5171 Petroleum Bulk Stations and Terminals;
9. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge, that are located within the confines of the facility, with a design flow of one million gallons per day or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with Section 405 of the CWA.
11. Facilities under the following standard industrial classifications:
20xx Food and Kindred Products 21xx Tobacco Products 22xx Textile Mill Products 23xx Apparel and Other Textile Products 2434 Wood Kitchen Cabinets 25xx Furniture and Fixtures 265x Paperboard Containers and Boxes 267x Converted Paper and Paperboard Products 27xx Printing, Publishing and Allied Industries 283x Drugs 285x Paints, Varnishes, Lacquers, Enamels, and Allied Products 30xx Rubber and Miscellaneous Plastic Products 31xx Leather and Leather Products (except 311 Leather Tanning and Finishing, see Category 2) 323x Glass Products Made of Purchased Glass 34xx Fabricated Metal Products (except 3441 Fabricated Structural Metal, see Category 2) 35xx Industrial and Commercial Machinery and Computer Equipment 36xx Electronic and Other Electrical Equipment 37xx Transportation Equipment (except 373 Ship and Boat Building and Repair, see Category 2) 38xx Measuring, Analyzing, and Controlling Instruments, Photographic, Medical and Optical Goods; Watches and Clocks 39xx Miscellaneous Manufacturing Industries 4221 Farm Product Warehousing and Storage 4222 Refrigerated Warehousing and Storage 4225 General Warehousing and Storage
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