Permit Applications and Forms
Conditional No Exposure (CNE) Certificate
Certain facilities may be eligible for a Conditional No Exposure (CNE)
certificate, if they meet the CNE Eligibility Questions below. Eligible
facilities apply for a CNE exemption using Ecology’s online CNE application:
You are eligible for a CNE exemption if there is “no
exposure” of industrial materials and activities to rain, snow,
snow melt, and/or runoff. “No exposure” means that all industrial
materials and activities are protected by a storm resistant shelter to prevent
exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or
activities include, but are not limited to, material handling equipment or
activities, industrial machinery, raw materials, intermediate products,
by-products, final products, or waste products. Material handling activities
include the storage, loading and unloading, transportation, or conveyance of any
raw material, intermediate product, final product or waste product.
To obtain a CNE exemption you must answer the eleven
questions below and certify that none of the following materials or activities
are, or will be in the foreseeable future, exposed to precipitation:
- Is anyone using, storing or cleaning industrial machinery or
equipment in an area that is exposed to stormwater, or are there
areas where residuals from using, storing or cleaning industrial
machinery or equipment remain and are exposed to stormwater?
- Are there materials or residuals on the ground or in
stormwater inlets from spills/leaks?
- Are materials or products from past industrial activity
exposed to precipitation?
- Is material handling equipment used/stored
(except adequately maintained vehicles)?
- Are materials or products exposed to
precipitation during loading/unloading or transporting
- Are materials or products stored outdoors (except
final products intended for outside use, e.g., new cars, where
exposure to storm water does not result in the discharge of
- Are materials contained in open, deteriorated or leaking
storage drums, barrels, tanks, and similar containers?
- Are materials or products handled/stored on roads or
railways owned or maintained by the discharger?
- Is waste material exposed to precipitation (except waste in
covered, non-leaking containers, e.g., dumpsters)?
- Does the application or disposal of process wastewater occur
(unless otherwise permitted)?
- Is there particulate matter or visible deposits of residuals
from roof stacks/vents not otherwise regulated, i.e., under an
air quality control permit, and evident in the storm water
Permit Conditions Related to CNE
- A Permittee is automatically granted a No Exposure exemption
90 days from Ecology’s receipt of a complete and accurate No
Exposure Certification Form, unless Ecology informs the
applicant in writing or electronically within 90 days that it
has denied or approved the request.
- Ecology will automatically terminate permit coverage when it
grants the No Exposure exemption to a permitted facility.
- Facilities which are granted a No Exposure exemption must
submit a No Exposure Certification Form to Ecology once every
- No Exposure exemptions are conditional. If there is a change
at the facility that results in the exposure of industrial
activities or materials to stormwater, the facility is required
to immediately apply for and obtain a permit.
Anyone with questions about CNE issues should contact the
appropriate staff member from the
Notice of Termination Form
Notice of Termination
Ecology may approve a Notice of Termination (NOT) request when the
Permittee meets one or more of the following conditions:
- All permitted stormwater discharges associated with
industrial activity that are authorized by this permit
cease because the industrial activity has ceased, and
no significant materials or industrial pollutants
remain exposed to stormwater.
- The party that is responsible for permit coverage (signatory
to application) sells or otherwise legally transfers
responsibility for the industrial activity.
- All stormwater discharges associated
with industrial activity are prevented because the
stormwater is redirected to a sanitary sewer, or
discharged to ground (e.g., infiltration, etc.).
Public Notice Requirements
New facilities (beginning operations after January 2, 2015) seeking permit
coverage and existing facilities seeking modification of permit coverage are
subject to public notice requirements, including a 30-day public comment period.
Applicants must publish a public notice at least once a week for two consecutive
weeks (with seven days between the two publications) in a single newspaper of
general circulation in the county where the facility is located. Ecology cannot
grant or modify permit coverage earlier than the end of the 30-day public
comment period which begins on the date of the second public notice.
The application for coverage (NOI) and modification of coverage forms contain
additional guidance, including a template that should be used to complete the
public notice requirements.
Transfer Permit Coverage
Coverage under the Industrial Stormwater General Permit can be automatically
transfered to a new discharger, if the following conditions are met:
- The Permittee (existing discharger) and new discharger
submit to Ecology a complete, written, signed agreement
(Transfer of Coverage Form) containing a specific date for
transfer of permit responsibility, coverage, and liability.
- The type of industrial activities and practices remain
- Ecology does not notify the Permittee of the need to submit
a new application for coverage under the general permit or for
an individual permit pursuant to Chapters 173-216, 173-220, and
- Ecology does not notify the existing discharger and new
discharger of its intent to revoke coverage under the general
permit. The transfer is effective on the date specified in the
written agreement unless Ecology gives this notice.
Download a Transfer Form. Send the completed form to:
Washington Department of Ecology
Water Quality Program - Industrial Stormwater Unit
PO Box 47696
Olympia, WA 98504-7696
For additional information, contact your Permit
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