Senate Bill 205, enacted in California last fall, requires many businesses applying for a business license/license renewal to disclose the business' Standard Industrial Code. The authorities are then charged with determining whether the Standard Industrial Code requires the business to have an Industrial General Permit under the State's implementation of the Clean Water Act for discharges into storm water conveyances.
If the business has a Standard Industrial Code requiring a permit, then the business will either have to show its facility is in compliance with its permit requirements or to show that the business qualifies for an exemption from the permit requirement. See California Business and Professions Code Section 16100.3 (a) (3) and Section 16100 (a) (3). If the city or county in which a business is located does not have a business license requirement, then that business is also exempt from SB 205's disclosure requirements.
If the jurisdiction at issue does have a business license requirement, and the business entity applying for a license is not in Clean Water Act compliance, the entity cannot do business in California (at least legally). Therefore, business managers in California need to ensure their businesses are either exempt from the compliance requirement or have met the standards of the requirement.
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