California Water Board Issues New Guidance and FAQ on SB 205 Implementation

In response to SB 205, the California State Water Resources Control Board (SWRCB) recently issued background information and FAQs on how cities and counties can comply with this new law.
 
Background – What does this law require?
 
SB 205 requires that cities and counties confirm on the business license (either new or renewal application) that a regulated industrial business has a form of National Pollutant Discharge Elimination System (NPDES) permit coverage for discharges of stormwater.
 
In order to confirm that a regulated business has NPDES permit coverage, during the initial business license or renewal application, cities and counties must require an industrial business to provide the name(s) and location(s) of all facilities operated by the business, all corresponding primary Standard Industrial Classification (SIC) codes and one of the following for each facility operated by the business:
 

• Stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Board
• WDID application number issued for the facility by the State Water Board
• Notice of Non-Applicability (NONA) identification number issued for the facility by the State Water Board
• No Exposure Certification (NEC) identification number issued for the facility by the State Water Board

Additionally, SB 205 does not require cities or counties to determine or provide the SIC code of a facility. Finding the SIC code is the business’ responsibility. However, cities and counties are responsible for determining whether the primary SIC code(s) that the business provides for the facility are applicable to the Industrial General Permit (IGP). If the SIC code(s) is applicable, the city or county must ensure that the business provides the required information.
 
Who does this law affect?
 
SB 205 only applies to cities who issue business licenses. If you are a city that does not issue business licenses, then you do not need to take any action.
 
Furthermore, SB 205 does not apply to all businesses. It only applies to those businesses with primary SIC codes that are identified in or are applicable to the general NPDES permit for storm water discharges associated with industrial activities (excluding construction activities), also known as the Stormwater Industrial General Permits.
 
Additional Information
 
Additional information can be found in the SWRCB’s background information and FAQs. For questions regarding the SWRCB’s FAQs or how to comply, please contact the following SWRCB staff: