According to the EPA, industrial facilities are generally excluded from the NPDES (National Pollutant Discharge Elimination System) permitting on condition that they can certify that their facility has "No Exposure" to stormwater. After obtaining "No Exposure Certification", however, if an industrial facility's materials or operations becomes exposed to stormwater, they become subject to the NPDES permit coverage for stormwater discharges. In other words, the "No Exposure Condition" is an on-going condition. Requirements, burden of proof, deadlines, and penalties vary by authorized jurisdiction.
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