A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt and runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products or waste (including recyclable) products. Material handling activities include the storage, loading and unloading, transportation or conveyance of any raw material, intermediate product, final product or waste product.

A storm-resistant shelter is not required for the following industrial materials and activities:

  • Storage of drums, barrels, tanks and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. “Sealed” means banded or otherwise secured and without operational taps or valves.
  • Adequately maintained vehicles used in material handling
  • Final products, other than products that would be mobilized in stormwater discharges (e.g., rock salt)

A No Exposure Certificate must be provided for each facility qualifying for the no exposure exclusion. In addition, the certification of exclusion from NPDES permitting is available on a facility-wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, or if the facility discharges any effluent other than stormwater to waters of the state, the facility is not eligible for the no exposure exclusion.

Length of Permit

The No Exposure Certificate is issued for a period of five years.

Laws, Rules and Regulations

How to Apply

Applications

Fact Sheets

Fees

There are no fees required for No Exposure Certification.

Timeline/ Process

Facilities that currently operate under or are seeking exclusion from a site specific NPDES permit will submit the No Exposure Certification application form to the Water Protection Program.

Facilities currently operate under or are seeking exclusion from a general Missouri State Operating permit will submit the form to the appropriate regional office. The certification is available on a facility-wide basis, not for individual outfalls or drainage areas. If any exposed industrial materials or activities are found on any portion of the facility, the facility does not qualify for the certification.

The department will request additional information if the application is not complete, which will delay the review process.

Public Participation

No public participation required.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

Reporting

Qualifying facilities are not required to prepare a Stormwater Pollution Prevention Plan, conduct any routine inspections, monitor for stormwater discharges or submit monitoring reports.

Facilities that have received a No Exposure Certification must allow the department to inspect the facility to determine compliance with the no exposure conditions and must make the inspection reports available to the public upon request.

Renewal

Re-submit the signed certification to the department once every five years to renew the No Exposure Certification.

Resources

Facilities that discharge through a MS4 permit must submit a copy of the No Exposure Certification to the MS4 operator, as well as allow inspection and public reporting of the inspection findings by the MS4 operator. 

Major Water User

Any surface or groundwater user with a water source and the equipment necessary to withdraw or divert 100,000 gallons (or 70 gallons per minute) or more per day combined from all sources from any stream, river, lake, well, spring or other water source is considered a major water user in Missouri. All major water users are required by law to register water use annually. 

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