Facilities in specific industries that store materials, waste or equipment outdoors are subject to industrial stormwater regulations administered by the department. Pollutants carried in stormwater runoff from industrial facilities threaten or degrade water quality in many areas of the state. The purpose of the Industrial Stormwater Operating permit is to identify conditions where industrial stormwater may be discharged so that the quality of our surface waters, wetlands and groundwater is protected.

All facilities requiring permit coverage must assess their industrial activities and materials, and consider the potential pollutants that can come from them. Does rain, snow, and runoff ever come in contact "significant materials" or industrial activities at your facility? Contact with these materials or processes can contaminate stormwater runoff.

Significant Materials

  • Fuels, solvents, coolants, lubricants and cleaners
  • Raw, intermediate and final products
  • Metallic materials
  • Chemicals
  • Wastes and scrap materials
  • Hazardous materials/wastes
  • Processing or production operations
  • Machining fluids
  • Dust or residuals
  • Fueling stations
  • Above-ground tanks for liquid storage

Industrial Activities

  • Outdoor storage, particularly for raw materials, by-products and finished products
  • Outside manufacturing
  • Vehicle and equipment washing, maintenance and storage areas
  • Loading and unloading operations
  • Fueling of vehicles and equipment
  • Other substance transfer areas
  • Outdoor manufacturing or processing
  • Significant dust or particulate generation
  • Onsite waste disposal
  • Grinding, cutting, degreasing, buffing and brazing
  • Industrial waste management areas (landfills, waste piles, treatment plants, disposal areas)

After assessing their activities and materials, each facility must develop and implement a stormwater pollution prevention plan that explains how it will control and reduce the exposure to those activities and materials that may allow harmful pollutants to come into contact with stormwater.

Facilities that shelter all significant materials and activities indoors or within a storm-resistant shelter can apply for a “no exposure” permit.

Industrial stormwater permits, industrial no-discharge permits, and construction stormwater permits are exempt from the higher level continuing authority requirements in this rule.

Length of Permit

This permit is valid for up to five years.

Laws, Rules and Regulations

How to Apply

Application

Fees

The permit fee is based on the design flow.

  • Design flow is less than 1.0 million gallons per day (MGD) - $1,800 annual fee
  • Design flow is equal to or greater than 1.0 million gallons per day (MGD) - $2,800 annual fee

Timeline/ Process

Public Participation

The department will provide the draft operating permit on its website for public review and 30-day public comment period. If response to the public notice indicates there is significant public interest, the department may hold a public meeting or public hearing, after due public notice. 

Public hearings and issuing permits are conducted or processed according to Missouri Code of Regulations 10 CSR 20.6.020. At least 30 days before any hearing, the department will publish in at least one newspaper of general circulation in the geographical area of the discharge, mailed to any person or group who requested updates and will post on its website. 

The department does not have jurisdiction to address questions of zoning, location, property values or other issues not related to water quality.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

Antidegradation

Antidegradation reviews are applicable to all new or expanded regulated discharges, including new pollutants of concern, outfall relocation, or changes in production processes. The antidegradation review process is intended to achieve the highest statutory and regulatory requirements and ensure that the proposed discharges fully protect beneficial uses such as swimming, fishing, aquatic life, and drinking water supply protection. In addition, the applicant must demonstrate that the discharge is necessary and has social and economic importance. Each community is different and the social and economic evaluation requires the consideration of factors and potential impacts unique to the community. Through the antidegradation review process, new or expanded discharges are evaluated for no-discharge options, treatment options that meet the water quality-based effluent limits, and treatment options that provide higher levels of treatment. These alternatives are compared (in terms of practicability, economic efficiency and affordability) in ability to protect water quality.

Public participation through the permitting process is a component of the antidegradation review process. The intergovernmental coordination and review process occurs prior to the issuance of any final determination on the social and economic importance of the proposed discharge. The antidegradation analysis and decision are only considered final when a permitting decision has been made that incorporates the public participation process, and the antidegradation review may be revised based on comments received. Visit the department’s Antidegradation website to learn more and find necessary forms.

Land Disturbance Permit

This master general permit does not cover land disturbance activities or construction of earthen basins. Land disturbance activities disturbing one or more acres of total area for the entire project or less than one acre for sites that are part of a common promotional plan of development may require a land disturbance permit.

Operator Certification

The use or operation of this facility shall be in accordance with Operator Certification requirements 10 CSR 20-9. Certified wastewater operators perform the daily operational activities at the facility to ensure they are discharging treated wastewater in an environmental safe manner to Missouri’s rivers, lakes and streams. Visit the department’s website to learn more about the Operator Certification program.

Wastewater Construction Permit

This master general permit does not cover construction activities that may be required as part of the project. If you plan to construct, install or modify any earthen basin, collection system or wastewater treatment facility, you may be required to obtain a Site-Specific Wastewater Construction Permit. 

Major Water User

Any surface or groundwater user with a water source and the equipment necessary to withdraw or divert 100,000 gallons (or 70 gallons per minute) or more per day combined from all sources from any stream, river, lake, well, spring or other water source is considered a major water user in Missouri. All major water users are required by law to register water use annually. 

Reporting

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Renewal

Unless terminated, the permittee shall submit the permit application listed above no later than 30 days prior to the permit’s expiration date for renewal. When a facility submits a timely and complete application and the department is unable through no fault of the permittee to issue a renewed permit prior to expiration of the previous permit. The terms and conditions of the expired permit are administratively continued and will remain fully effective and enforceable until such time when a permit action is taken. Failure to submit a renewal application is a violation of the Missouri Clean Water Law.

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