Widespread Failure to Comply with U.S. Storm Water Regulations for Industry—Part II: Facility-Level Evaluations to Estimate Number of Regulated Facilities

Abstract

ABSTRACT

This research evaluated compliance with U.S. pollution prevention regulations from storm water discharges associated with industrial activities, focusing on facilities that had failed to complete first-stage compliance requirements ("filed") approximately 5 years after the regulations took effect. The number of facilities is not readily estimated because the regulatory structure requires facility-specific determination of requirement to comply based on factors not included in publicly available data. The research estimated the proportion of identifiable facilities actually subject to regulations using the universe of potentially covered California facilities developed in Part I of this research. Researchers mailed information to about 3,600 nonfiling facility operators to request they determine whether their facilities were included. Researchers then independently assessed inclusion for several samples of about 200 facilities in the Los Angeles region. Results suggested about half of the identified mandatory-compliance manufacturing facilities probably should comply, and at most half of those had filed through the first 5 years of the permit. The ability or willingness of facility operators to correctly assess inclusion was limited; about one-fourth of facility operators claiming nonapplicability were incorrect, and over one-third of contacted facilities failed to respond to mailings. Telephone interview techniques reliably assessed inclusion for many facilities but left undetermined a large proportion of identified facilities. Field verification suggested over one-fourth of nonresponding facilities conducted industrial activities outdoors where pollutants were exposed to storm water, and were probably subject to regulations, including a significant portion of facilities whose coverage was undetermined by telephone methods.

Key words:

Nonpoint source pollutants; urban runoff; storm water discharges; industrial pollutants; environmental regulations; enforcement and compliance; Clean Water Act