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1. What is Senate Bill 205 about?

Under the existing law, the State Water Resources Control Board (State Water Board) and the California Regional Water Quality Control Boards (Regional Boards) prescribe waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-Cologne Water Quality Control Act. The existing law requires regulated municipalities and industries to obtain a stormwater permit.

SB 205 would require a person or entity who conducts a business operation that is a regulated industry to demonstrate enrollment with the NPDES permit program by providing specified information, under penalty of perjury, on their application when applying to a city or a county for an initial business license or business license renewal.

2. What is the purpose of SB 205?

To address the health and safety of drinking water sources statewide, the regulated industry is required to provide proof of enrollment with the NPDES permit program.

3. When was SB 205 signed into law?

SB 205 was signed into law by Governor Gavin Newsom on October 2, 2019. It takes effect January 1, 2020.

4. Where can I find the full text and additional information about the law?

Visit http://leqinfo.legislature.ca.qov

Search Bill Number: "SB 205"

5. What does SB 205 require?

SB 205 requires specific types of businesses to demonstrate they have a stormwater permit when applying for an initial business license or when renewing its business license with the city or county of jurisdiction.

6. Does SB 205 impact all businesses?

No. Only those businesses with primary Standard Industrial Classification (SIC) codes that are identified in or are applicable to the General Permit for Storm Water Discharges Associated with Industrial Activities (Excluding Construction Activities), also known as Stormwater Industrial General Permit.

7. What SIC codes are impacted by SB 205?

• The State Water Board maintains an electronic list of regulated SIC codes:
  • Alphabetical: https://www.waterboards.ca.dov/water issues/programs/stormwater/si  c.shtml
  • Numeric: https://www.waterboards.ca.gov/water issues/programs/stormwater/si cnunn.shtml 
• Attachment A of the General Permit for Storm Water Discharges Associated With Industrial Activities (or Stormwater Industrial General Permit) identifies nine categories of facilities subject to enrollment under the Stormwater Industrial General Permit, including the following:
  • Feedlots of a specific size (SICs 0211-0272): https://gov.ecfrio/cgi-bin/text‑
  • idx?S I D=42c184dd9f16ffe191c33735daf97807&mc=true&tp1=/ecfrbrow  seiTitle40/40cfr412 main 02.tpl 
  • Manufacturing Facilities (SICs 20XX-39XX and 4221-4225);
  • Oil and Gas/Mining Facilities (SICs 10XX-14XX);
  • Hazardous Waste Treatment, Storage, or Disposal Facilities (often SIC 4953);
  • Landfills, Land Application Sites, and Open Dumps (SIC 4953);
  • Recycling Facilities (SICs 5015 and 5093);
  • Steam Electric Power Generating Facilities (specific activities under SIC 4911);
  • Transportation Facilities (SICs 40XX through 45XX [except 4221-25] and 5171); and,
  • Sewage or Wastewater Treatment Works (SIC 4952)
• To access a copy of Attachment A, Stormwater Industrial General Permit, click on the following link:
  • https://www.waterboards.ca.qov/water issues/programs/stormwater/docs/ind  ustria1/2014indgenpermit/atta.pdf