Who can apply for No Exposure Certification
An industrial site may be eligible for a conditional no exposure exclusion from 1200-Z permit coverage via a No Exposure Certification (NEC) if the industrial materials and activities are fully sheltered to protect from exposure to rain, snow, snowmelt, or runoff. Materials and activities include but are not limited to:
- Material handling equipment or activities
- Industrial machinery
- Raw materials intermediate products, by-products and final products
- Waste products
- Storage of materials, machinery, equipment, etc.
- Loading and unloading
- Transportation or conveyance of any materials, products or wastes.
Find complete information and eligibility criteria in the EPA’s Guidance Manual.
Construction projects are not eligible.
How to apply
Step 1. Review the EPA’s Guidance Manual.
Step 2. Download and complete the No Exposure Certification application.
Step 3. Submit completed forms to the City of Portland Bureau of Environmental Services Industrial Stormwater Program.
Note: The form must be submitted via mail with the original signature of a legally authorized representative.
What to expect after submitting your application
The Environmental Services Industrial Stormwater team will review your application packet and contact you to set up a time to inspect your facility as part of the approval process. Review can take up to 60 days. Following the inspection, the City will notify you with approval or actions required to approve the NEC.
If the City does not contact you within 60 days, your NEC is deemed approved. Once approved, the certification is good for 5 years and the facility must submit a new application at the end of the 5-year period.
It is the facilities responsibility to maintain the condition of no exposure for the entirety of the 5 years. If any industrial materials or activities become exposed to rain, snow, snowmelt, or runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement. Any conditionally exempt discharger who anticipates changes in circumstances must apply for and obtain 1200-Z permit coverage before the change of circumstances. The City, as an agent of the Oregon Department of Environmental Quality, retains the authority to determine that the “no exposure” conditional exclusion no longer applies and require the owner or operator to obtain permit coverage.