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_V_ <br />1. All industrial activities and industrial equipment are not <br />exposed to store; water or authorized non -storm water <br />discharges. <br />5. There is no exposure of materials associated with industrial <br />activity through other direct or indirect pathways such as <br />particulates from stacks and exhaust systems. <br />6. There is periodic re-evaluation of the facility to ensure <br />Conditions 1, 3, 4, and 5 are continuously met. <br />Currently, facility operators that can certify that the above <br />conditions are met are not required to notify the State Water <br />Board or Regional Water Board. These facility operators are <br />advised to retain such certification documentation on site. <br />The Plinth Circuit Court of Appeals invalidated the exemption <br />granted by U.S. EPA for storm water discharges from facilities in <br />Category 11 that do not have exposure and remanded the regulation <br />AM f , U.S. EPA for further er action. The State Watey board, at this <br />time, is not requiring storm water discharges from facilities in <br />Category 11 that do not have exposure to he covered by this <br />General Permit. Instead, the State Water Board will await future <br />U.S. EPA or court action clarifying the types of storm water <br />discharges that must he permitted. If necessary, the State Water <br />Board will reopen the General Permit to accom-nodate such a <br />clarification. <br />Section 1068 of the Intermodal Surface Transportation Act of 1991 <br />exempts municipal agencies serving populations of less than <br />100,000 from Phase I permit requirements for most facilities they <br />operate (uncontrolled sanitary landfills, power plants, and <br />airports are still required to be permitted in Phase r . <br />Phase II of the Permit Program scheduled to begin <br />August 7, 2001 will cover the facilities that are exempt from. <br />Phase I permit requirements. <br />I. CONSTRUCTION ACTIVITY: Discharges from construction activity <br />of five acres or more, including clearing, grading, and <br />excavation. A separate general permit was adopted on <br />August 20, 1992 for this industrial category. <br />2. FACILITIES WHICH HAVE NPDES PERMITS CONTAINING STORM WATER <br />PROVISIONS: Some storm slater discharges may be regulated by <br />other individual or general NPDES permits issued by the State <br />