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Senate Bill 205
What is Senate Bill 205?
Senate Bill 205 (SB 205) is a new California State law (effective January 1, 2020), which addresses the issues of stormwater pollution that remain unregulated by California’s clean water laws. SB 205, requires a business or person applying to the City for a new/initial business license or a renewal business license to provide their Standard Industrial Classification (SIC) Code. Businesses with a regulated SIC Code, processes and/or activities that have the potential to pollute stormwater, will be required to demonstrate compliance with the National Pollutant Discharge Elimination System (NPDES) Stormwater Industrial General Permit (IGP).
Finding the SIC Code for my business
You can find the SIC Code for your business on the U.S. Department of Labor website using the following link: U.S. Department of Labor SIC Code System Search
Please note that finding the SIC Code for the business and providing it on new/initial business license application and renewal business license is required and the responsibility of the business license applicant.
How SB 205 applies to all new/initial and renewal business license applicants
The City is required to comply with SB 205, which applies to all new/initial and renewal business license applicants. Effective January 1, 2020, prior to the City’s issuance of any new/initial and renewal business licenses, SB 205 requires:
- All business license applicants to provide all primary Standard Industrial Classification (SIC) Codes, when applying for a new/initial business license or a renewal business license. Complete City SB 205 Compliance Form
- If applicable, all businesses with a Regulated SIC Code as determined by the SWRCB shall provide verification of enrollment in the National Pollutant Discharge Elimination System (NPDES) Stormwater Industrial General Permit (IGP) Program.
- All businesses with a Regulated SIC Code, must provide one of the following documents issued by the SWRCB to verify enrollment in the NPDES Stormwater IGP:
- Waste Discharge Identification Number (WDID) issued for the business facility by the SWRCB.
- WDID Application Number issued for the business facility by the SWRCB.
- Notice of Non-Applicability (NONA) Identification Number issued for the business facility by the SWRCB.
- No Exposure Certification (NEC) Identification Number issued for the business facility by the SWRCB.
- The City to determine if the business operations, processes and SIC Code provided by the applicant on the new/initial and/or renewal business license application are regulated by the California SWRCB and applicable to the National Pollutant Discharge Elimination System (NPDES) Stormwater Industrial General Permit (IGP).
Additional information about SB 205
To view the full legal text of SB 205, please visit the State of California’s Legislative Information website using the following link: http://leginfo.legislature.ca.gov and use the search to type in the Bill Number, “SB 205”.
Why the City updated the business license application
To comply with the requirements of SB 205, the City has updated the business license application. SB 205 requires business license applicants to provide the primary SIC Code for their business operations prior to the City’s issuance of a new/initial business license and/or a renewal business license.
Why the City needs to review all new/initial business license and renewal business license applications
To comply with SB 205, prior to issuance of all new/initial business licenses and renewal business licenses, the City is required to determine if the business operations and SIC Code provided by the business license applicant are regulated by the SWRCB and applicable to the NPDES Stormwater Industrial General Permit (IGP). Businesses with Regulated SIC Codes are required to verify enrollment in the NPDES Stormwater IGP by providing additional documentation.
How to find out if my business has a Regulated SIC Code as determined by the California SWRCB
The California SWRCB regulates over 10,000 industries and maintains an electronic list of Regulated SIC Codes. You can determine if your business has a Regulated SIC Code(s) by using the following links:
SWRCB’s List of Regulated SIC Code Search: Alphabetical
SWRCB’s List of Regulated SIC Code Search: Numeric
How to find out if my business needs to enroll in the NPDES Stormwater Industrial General Permit (IGP) Program to comply with SB 205
Only businesses with a Regulated SIC Code are required to obtain coverage and enroll in the NPDES Stormwater IGP Program.
If your business does have not a Regulated SIC Code the NPDES Stormwater IGP is not applicable.
What I need to provide if my business has a Regulated SIC Code
Only businesses with a Regulated SIC Code as determined by the California SWRCB are required to verify enrollment in the NPDES Stormwater IGP. To comply with SB 205, businesses with a Regulated SIC Code will be required to verify enrollment in the NPDES Stormwater IGP by providing one of the following documents with the new/initial business license application and with each renewal business license application:
Please note that the requirement to provide the following is only applicable for a business with a Regulated SIC Code:
- Waste Discharge Identification Number (WDID) issued for the business facility by the SWRCB.
- WDID application issued for the business facility by the SWRCB.
- Notice of Non-Applicability (NONA) issued for the business facility by the SWRCB.
- No Exposure Certification (NEC) issued for the business facility by the SWRCB.
If my business has a Regulated SIC Code and does not have one of the required documents (WDID, NONA, or NEC) to verify enrollment in the NPDES Stormwater Industrial General Permit (IGP), who should I contact?
In City businesses with a Regulated SIC Code as determined by the SWRCB that are unable to verify enrollment in the NPDES Stormwater IGP by providing one of the required documents (WDID, NONA or NEC) with the City’s business license application, should review the requirements for NPDES Stormwater IGP to ensure that the permit coverage is applicable and apply for Stormwater IGP coverage with the SWRCB using the links below:
Stormwater IGP - Notice of Intent FAQs
Stormwater IGP - Program Information
Stormwater IGP – Types of Coverage
For additional questions regarding Stormwater IGP requirements, please contact the Santa Ana Regional Water Quality Control Board (RWQCB).
General Inquiries:
Toll Free: 1-(866)-563-3107
SB 205 Frequently Asked Questions