Level 1 and Level 2 Status – ERA (Exceedance Response Action)
Enforcement of Industrial General Permit
Facilities that become Level 1 Status due to an annual NAL exceedance or two instantaneous maximum NAL exceedances will have additional requirements assigned to the facility. This includes facility oversight by a Qualified Industrial Storm Water Practitioner (QISP), implementation of additional BMPs to address pollutants in storm water runoff, and a Level 1 ERA Report submitted online via the SMARTS database.
Warning: Facilities in Level 1 Status can easily be on the fast track to Level 2 Status based on ONE bad sample result in the upcoming storm water year.
If a facility does become Level 2 Status, a Level 2 ERA Action Plan must be prepared by a QISP and submitted via the SMARTS database by January 1st of the storm water year following the year the exceedance occurred. Advanced BMPs will be required and storm water treatment may be necessary to reduce exceedances below NAL levels. The Level 2 Discharger will also be required to submit a Level 2 Technical report prepared by a QISP submitted via the SMARTS database.
Facilities must comply with the Industrial General Permit to avoid the risks of violations, lawsuits, and penalties.