Industrial Stormwater Compliance
California Industrial General Permit Attorney
Permit coverage, operating practices, sampling, and reporting at industrial facilities.
Stormwater Legal & Compliance Center / Service
Having a California Industrial General Permit does not mean a facility is automatically in compliance. Problems can arise from an outdated Stormwater Pollution Prevention Plan, a missed filing, exposed materials, a sampling result, or a disagreement with the Water Board about what the permit requires.
The Law Office of Jennifer F. Novak advises California businesses on their obligations under the Industrial General Permit and represents clients when stormwater compliance issues lead to agency enforcement or litigation. We work with facility personnel and environmental consultants to understand both the permit requirements and what is happening at the facility.
Start with the right Industrial General Permit coverage
California's Industrial General Permit, Order 2014-0057-DWQ, as amended, regulates stormwater discharges from facilities engaged in specified industrial activities. The permit also includes requirements related to Total Maximum Daily Loads (TMDLs).
Determining whether a facility needs Industrial General Permit coverage requires looking at what the facility actually does. A company's name, zoning, or use of a warehouse does not by itself determine whether the IGP applies. The analysis can depend on the facility's industrial classification, its operations, how stormwater leaves the site, and whether another permit or exclusion applies.
Manufacturing, transportation, recycling, and other industrial activities can trigger different requirements under the IGP. A facility that qualifies for a No Exposure Certification must continue to meet the conditions for that exclusion. Changes in operations or site conditions can affect whether the certification remains appropriate.
A Notice of Non-Applicability also requires a factual basis showing why the Industrial General Permit does not apply. Businesses should periodically review their operations and site conditions rather than assume that an old certification or filing continues to address current conditions.
Compliance is an operating responsibility
A Stormwater Pollution Prevention Plan (SWPPP) should accurately describe the facility and the work taking place there. If the SWPPP no longer matches the property's drainage, outdoor storage, equipment, or maintenance practices, the facility may not be meeting its Industrial General Permit requirements.
Industrial General Permit compliance can include implementing best management practices (BMPs), conducting required inspections and observations, collecting stormwater samples, evaluating sampling results, submitting reports, and making required certifications through SMARTS. The permit also requires certain SWPPP updates and annual evaluations and addresses changes in facility operations and permit coverage.
A consultant can help prepare the SWPPP, conduct inspections, collect samples, and handle technical work. But hiring a consultant does not transfer the Discharger's responsibility for complying with the Industrial General Permit.
We help businesses identify gaps between their SWPPP and actual operations, work with their environmental consultants to address those gaps, and evaluate potential compliance and enforcement issues. When a Water Board inquiry or enforcement matter arises, we also review the facility's permit records, reports, sampling results, and communications with the agency. Legal questions should not prevent a facility from continuing required reporting, monitoring, and corrective work.
Sampling results require the right legal analysis
The permit distinguishes Numeric Action Levels, or NALs, from enforceable numeric effluent limitations. A defined NAL exceedance is not, by itself, a permit violation, but it can trigger Exceedance Response Actions. Failure to carry out those required actions can be a separate violation. Other permit provisions may also apply to the same discharge.
A careful analysis identifies the parameter, the applicable threshold, the calculation method, the reporting year, and the facility's status. It also checks whether a TMDL-specific requirement or other limit governs. Read Is a Numeric Action Level Exceedance Actually a Stormwater Violation?.
When the Water Board or a private party raises compliance concerns
Our industrial stormwater defense article explains the differences between agency enforcement and private 60-day notices.
A Water Board inspection finding, enforcement letter, or private notice of intent to sue should be evaluated against the actual Industrial General Permit requirements and the facility's records. Different allegations require different evidence. For example, an allegation that a facility failed to maintain adequate stormwater controls may require a different technical review than an allegation involving missed sampling, late reporting, or an inaccurate certification.
Our work may include reviewing the allegations and permit records, working with environmental consultants to assess the technical issues, advising the client on how to respond, and representing the client in discussions with the Water Board or a private party and, when necessary, in enforcement proceedings or litigation.
We also look beyond the amount of a proposed penalty or settlement. The long-term requirements imposed on the facility—such as new controls, monitoring, reporting, or other compliance obligations—can be just as important as the immediate financial cost.
Related resources address 60-day notices and Water Board enforcement.
Frequently asked questions
Does a WDID number prove Industrial General Permit compliance?
No. A WDID number identifies a facility's stormwater permit record; it does not certify that the facility is complying with the Industrial General Permit.
Compliance depends on whether the facility is meeting the requirements that apply to it, including BMPs, inspections, monitoring, sampling, reporting, certifications, and other permit requirements. A facility can have an active WDID number and still have compliance problems or face Water Board enforcement.
Can Industrial General Permit coverage continue unchanged after a sale or operational change?
Not necessarily. A change in ownership or operations can affect Industrial General Permit coverage and may require updated information, a Notice of Termination, or new enrollment, depending on the circumstances.
Businesses should review the permit requirements before a sale, change in operator, or significant change in operations. The goal is to make sure the WDID record, SWPPP, and other required filings accurately reflect the facility and that responsibility for compliance is clear.
Do we need both a consultant and an attorney?
Generally, yes. The roles are different. Technical professionals evaluate the site and implement technical requirements. Counsel evaluates legal obligations, disputed interpretations, enforcement exposure, and contractual responsibility. The two can work together and the legal review may identify communication and training gaps between the permit holder and consultant.
Get legal guidance for your facility
For a coverage question, compliance dispute, or enforcement matter, Get A Case Evaluation. Identify the facility, permit record, and any pending response date. This information is educational and is not legal advice.
Discuss Your Industrial Facility
Identify the facility, WDID record, and the compliance or enforcement issue. Please include any pending response date.