Businesses who own or operate facilities described in 40 CFR 122.26(b)(14)(xi) may prepare a "NOTICE OF NON-APPLICABILITY" in lieu of an NOI if they can certify on this form provided by the State Water Resources Control Board that there is no manufacturing process, material, equipment or product storage outside in an area that is exposed to storm water runoff.
The "Notice of Non-Applicability" must document all of the following:
(1) All prohibited non-storm water discharges have been eliminated or otherwise permitted;
(2) All significant materials related to industrial activity (including waste materials) are not exposed to storm water or authorized non-storm water discharges;
(3) All industrial activities and industrial equipment are not exposed to storm water or authorized non-storm water discharges;
(4) There is no exposure of storm water to significant materials associated with industrial activity through other direct or indirect pathways such as from industrial activities that generate dust and particulates.
Businesses in this category are required to submit the Notice of Non- Applicability to the local office of the California Regional Water Quality Control Board, Santa Ana Region, and are required to maintain the above documentation on-site at all times. They are also required to re-evaluate and re-certify once a year that the conditions above are continuously met. Copies of the "Notice of Non-Applicability" form are available from the City's Development Services Department.