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Conditional No Exposure Exclusion
Under the conditional no exposure exclusion, operators of industrial facilities in any of the 11 categories of "stormwater discharges associated with industrial activity," (except construction activities, which are addressed under the construction component of the NPDES Stormwater Program and are not eligible for the no exposure exclusion) have the opportunity to certify to a condition of "no exposure" if their industrial materials and operations are not exposed to stormwater. As long as the condition of "no exposure" exists at a certified facility, the operator is excluded from NPDES industrial stormwater permit requirements provided that the operator notifies the permitting authority at least every five years. The conditional no exposure exclusion replaces the no exposure exemption described under the Phase I Stormwater Program.
The links below provide more detailed information on the conditional "no exposure" exclusion:
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