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To answer this question, you should go through the six steps below. The first two steps help you determine whether you need an NPDES permit. The third step contains a possible exemption to the NPDES permit requirement.
Step 1: The definition of “wastewater” is very broad and will include almost any discharge of water that is generated from any process industry, manufacturing, trade, or business. The definition also includes any solid, liquid or gaseous waste; and all other substances whose discharge would cause water pollution or a violation of the effluent or water quality standards of the State. Toilet and hand washing waste is also defined as a wastewater.
If your business does not have a wastewater discharge as described above, you are not required to obtain an NPDES permit. If your business does have a wastewater discharge as described above, you should go on to the next step.
Step 2: If my business has wastewater, does my business discharge it to the surface of the earth or to water on the surface of the earth? This provision is very broad so that you can assume that any discharge that goes to surface water or the ground on your property, or that leaves your property, is included. However, wastewater that is applied to agricultural land for crop or soil benefit is not regulated by the NPDES program.
Step 3: Does my business have ONLY toilet and hand washing wastewater?
Step 4: Does my business have a stormwater discharge that would affect surface water? If so, continue to the next two steps.
Step 5: Does my business have a SIC code for which NPDES wastewater permits are required?
Step 6: If my business has wastewater, does my business discharge it to the surface of the earth or to water on the surface of the earth? This provision is very broad so that you can assume that any discharge that goes to surface waters or the ground on your property, or that leaves your property, is included.