Legal Alerts Nov 06, 2019

Cities Issuing Business Licenses Will Need to Verify NPDES Permits First

What California Cities Need to Know to Comply with SB 205

Cities Issuing Business Licenses Will Need to Verify NPDES Permits First

California cities that issue business licenses will be required to determine whether any of the primary Standard Industrial Classification Codes applicable to that business apply to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities. The new requirements are mandated by Senate Bill 205, which takes effect Jan. 1.
 
If applicable, the city must also confirm that the Waste Discharger Identification number, WDID application number, notice of nonapplicability identification number or no exposure certification identification number corresponds to the business requesting or renewing the business license. SB 205 also requires a city to keep records of the applicable documentation and transfer compliance information to the State Water Resources Control Board as requested by the Board. For business license renewals, a city may develop a provisional license procedure that provides businesses 3 months to comply with the requirements.
 
To comply with SB 205, cities that issue business licenses may need to take the following actions:
 
1. Update business license application, renewal forms and legal authority to require submission of all of the following information on a business license application:

  • Facility name and location
  • Primary SIC code
  • WDID, WDID application number, NONA or NEC

 
2. Update legal authority to establish provisional license procedures that provide renewing business 3 months to comply with SB 205’s requirements.
 
3. Upon receiving a business license application, determine whether the Standard Industrial Classification Code, or SIC, is applicable to the General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, or IGP.
 
4. If an applicant for a business license has a SIC code that is required to enroll under the IGP, the city must “confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal.”
 
A sample flow chart for implementing SB 205 is available by clicking here.
 
For questions on complying with or implementing SB 205, please contact the author of this Legal Alert listed to the right in the firm’s Municipal Law practice group, or your BB&K attorney.
 
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Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

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