GENERAL PERMIT

AUTHORIZATION TO DISCHARGE STORMWATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY
UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/
STATE DISPOSAL SYSTEM PERMIT PROGRAM
MODIFIED DATE: May 19, 2011 EXPIRATION DATE: April 5, 2015



In compliance with the provisions of the federal Clean Water Act (CWA), as amended, (33 U.S.C. 1251 et. seq.; hereafter the Act), 40 CFR 122, 123, and 124, as amended, et. seq.; Minn. Stat. chs. 115 and 116, as amended, and Minn. R. chs. 7001 and 7090.

This permit addresses stormwater discharges associated with industrial activity, as defined in this permit, for facilities that discharge stormwater to waters of the state, including regulated Municipal Separate Storm Sewer Systems. This permit also addresses stormwater discharges associated with industrial activity at facilities that provide on-site infiltration of industrial stormwater discharges associated with the facility.

Upon approval by the Commissioner, applicants who submit a complete application (including the application fee, if any) in accordance with the requirements of this permit are authorized to discharge stormwater associated with industrial activity, under the terms and conditions of this permit.

This permit shall become effective on the effective date identified above, and supersedes the previous general permit MN G611000, with an expiration date of October 31, 2002, issued for these facilities.


Signature:_____________________________________________________________________

Jeff Stollenwerk, Acting Manager

Land and Water Quality Permits Section

Industrial Division

If you have questions on this permit, including the specific permit requirements, permit reporting, or permit compliance status, please contact the appropriate Minnesota Pollution Control Agency offices.

Industrial Stormwater Program

Industrial Division

Minnesota Pollution Control Agency

520 Lafayette Road North

St. Paul, MN 55155-4194

Telephone: 651-296-6300 or Toll Free in Minnesota: 800-657-3864

Contents

A. Eligibility Requirements

To be eligible for authorization to discharge industrial stormwater under this permit, the Owner/Operator’s facility must have a primary SIC code or narrative activity as defined in 40 CFR § 122.26(b)(14)(i)-(xi), except (x), as summarized in Table 5 of Appendix D.

1. Authorized Stormwater Discharges

Stormwater discharges associated with industrial activity for any primary SIC code and/or narrative activities and co-located industrial activities, as defined in 40 CFR § 122.26(b)(14)(i)-(xi), except (x), and summarized in Table 5 of Appendix D, which includes ten categories of industrial activity required to obtain a permit for industrial stormwater discharges and a list of related Standard Industrial Classification (SIC) codes organized by 29 sectors of industrial activity required to have a National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) permit.

2. Authorized Non-Stormwater Discharges

The following non-stormwater discharges are authorized by this permit provided that appropriate Best Management Practices (BMPs) are utilized to minimize erosion and the discharges of sediment where necessary and provided that these discharges are not already authorized in a separate NPDES/SDS permit.

a. Emergency fire-fighting activities.

b. Fire hydrant and fire suppression system flushings.

c. Potable water line flushings.

d. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids.

e. Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with manufacturer’s instructions.

f. Pavement wash waters where no detergents are used and no spills or leaks of potential pollutants such as fertilizers, salts, or toxic and hazardous materials have occurred unless all spilled material has been removed.

g. Routine external building washdown that does not use detergents, solvents, or degreasers.

h. Uncontaminated groundwater or spring water.

i. Foundation or footing drains where flows are not contaminated.

j. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g. “piped” cooling tower blowdown or drains).

k. Discharges from facilities operating under SIC codes 1442 and 1446, from dewatering operations composed entirely of stormwater or uncontaminated groundwater seepage.

B. Limitations on Authorization

1. The following discharges or activities are not authorized by this permit:

a. Discharges or release of non-stormwater, except those authorized nonstormwater discharges listed in Part I.A.2. Non-stormwater discharges or activities that are not authorized under this permit include, but are not limited to:

1. Non-contact cooling water.

2. Domestic and industrial wastewater and process wastewater.

3. Biosolids.

4. Spills of any substance that may cause water pollution as defined in Minn. Stat. § 115.01, subd. 13.

5. Placement of fill into waters of the state requiring local, state, or federal authorizations (such as U.S. Army Corps of Engineers Section 404 Permits, Department of Natural Resources Public Waters Work Permits, or Local Governmental Unit Wetland Conservation Act replacement plans or determinations).

6. Commercial equipment/vehicle cleaning.

b. Piping and drainage systems for process wastewater and floor drains from process areas must be separated from the storm drainage system to prevent any inadvertent discharge of pollutants. A separate NPDES/SDS permit is required for any discharges of process wastewater.

c. Stormwater discharges mixed with non-stormwater, except those authorized non-stormwater discharges listed in Part I.A.2.

d. Stormwater discharges from any portion of the facility where stormwater discharge is authorized under an individual NPDES/SDS permit or other industry specific general NPDES/SDS permit.

e. Stormwater discharges associated with construction activity as defined in 40 CFR § 122.26(b)(14)(x) and (b)(15).

f. This permit does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act (Minn. Stat. ch. 116D), or the National Environmental Policy Act (42 U.S.C. §§ 4321 - 4370 f).

g. This permit does not replace or satisfy any review requirements for endangered or threatened species, from new or expanded discharges that adversely impact or contribute to adverse impacts on a listed endangered or threatened species, or adversely modify a designated critical habitat.

h. This permit does not replace or satisfy any review requirements for historic places or archeological sites, from new or expanded discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites.

i. Discharges to impaired water(s) when a USEPA-approved Total Maximum Daily Load (TMDL) report applies a Waste Load Allocation of zero (0) to a specific facility or industrial activity.

j. Discharges to an impaired water when a USEPA-approved TMDL report has identified a specific facility or industrial activity that requires stormwater control measures, BMP provisions, or compliance schedules not contained in this permit for that impaired water.

k. Prohibited discharges pursuant to Minn. R. 7050.0180, subp. 3, 4, and 5.

l. Significant Discharges as defined in Appendix E.

m. Any discharges or activities described under “limitation on authorization” in Part VII (sector-specific requirements) of the permit.

2. The following discharges or activities are authorized by this permit provided that the Permittee complies with all terms and conditions of this permit, and all terms and conditions of Appendix A.

a. Restricted discharges as defined in Minn. R. 7050.0180, subps. 6, 6a, and 6b.

b. Discharges to Trout Waters listed in Minn. R. 6264.0050, subps. 2 and 4.

c. Discharges to wetlands as defined in Minn. R. 7050.0186, subp. 1a(B).

C. Obtaining Authorization

To obtain authorization for stormwater discharges associated with industrial activities under this permit:

1. The applicant(s) must meet the eligibility requirements under Part I.A.

2. The applicant(s) must develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of Part IV prior to submitting an application to the Agency.

3. The applicant(s) must submit a complete permit application, on a form provided by the Agency, and certify that a SWPPP has been completed.

4. The applicant(s) must receive written or electronic notification from the Agency that coverage has been granted.

D. Effective Date of Permit Authorization

1. The Commissioner shall review the permit application for completeness and determine whether to authorize, or deny authorization, to discharge in accordance with Minn. R. ch. 7001. If an application is determined to be incomplete, the Agency will notify the applicant. The Agency will indicate why the application is incomplete and will request a resubmittal. The Commissioner may deny authorization under this permit and require the applicant to submit an application for a separate NPDES/SDS permit in accordance with Minn. R. ch. 7001.

2. Applicants are authorized to discharge industrial stormwater from their facility under the terms and conditions of this permit as of the issuance date stated on the written or electronic notification of permit authorization sent to the Permittee by the Agency.

3. The Permittee shall post the Notification of Permit Coverage Card in an area of the facility that provides highest visibility to employees and visitors.

E. Notification Requirements

If the Permittee has a stormwater discharge associated with industrial activity and directly discharges into any regulated Municipal Separate Storm Sewer System (MS4), the Permittee shall notify the operator of the first MS4 that receives this discharge of the existence of this industrial stormwater general permit authorization.

F. Transfer of Ownership or Control

When the ownership or operational control of the facility changes, and a new Owner/Operator assumes responsibility for the facility, a request for permit transfer on the Permit Transfer/Name Change Form, signed by the prior Owner/Operator and certified by the new Owner/Operator, must be submitted to the Agency on or before the effective date of the change. The new Owner/Operator to whom the permit has been transferred shall comply with the terms and conditions of this permit in accordance with Part VIII.O.

G. Termination

1. The Permittee shall comply with this permit until the Permittee completes and submits a Notice of Termination form. Authorization to discharge industrial stormwater under this permit terminates after the Permittee receives either written or electronic notification by the Agency that permit coverage has been terminated.

2. The Permittee shall submit a Notice of Termination form, signed by the Permittee, within 30 days after one or more of the following conditions are met:

a. Industrial activity has ceased and contact of stormwater with significant materials has been eliminated.

b. The Permittee has obtained authorization under an individual NPDES/SDS permit or industry specific general NPDES/SDS permit for stormwater discharges associated with industrial activity.

H. Issuance of an Individual Permit

1. The Owner/Operator may request an individual permit to authorize stormwater discharges associated with industrial activity, in accordance with Minn. R. 7001.0210, subp. 6.

2. The Agency may require an individual permit for the applicant or Permittee, in accordance with Minn. R. 7001.0210, subp. 6.

I. Conditional Exclusion for No Exposure

1. A facility that meets the eligibility criteria for this permit in Part I.A. and that is eligible for the conditional exclusion for No Exposure may submit to the Agency a No Exposure certification (as part of the application packet) in accordance with Minn. R. 7090.3060. Following receipt by the Agency of a complete No Exposure certification request that meets the exclusion criteria, and beginning upon the issuance date on the written or electronic notification of No Exposure, the facility is not required to comply with this permit. If the facility is already authorized by the general permit, submittal of a Notice of Termination to terminate permit authorization is not required when seeking the conditional exclusion for No Exposure; however, if the facility operations terminate entirely after obtaining the conditional exclusion for No Exposure, a Notice of Termination shall be submitted. The conditional exclusion for No Exposure is available on a facility-wide basis in accordance with Minn. R. 7090.3060, subp. 5(B). The conditional exclusion for No Exposure is nontransferable, in accordance with Minn. R. 7090.3060, subp. 5(D).

2. Any facility that has previously obtained a conditional exclusion for No Exposure shall re-certify for the exclusion no later than five years from the effective date of the most recent No Exposure certificate issued to the facility by the Agency.

3. If a change is planned that will result in failure to maintain a condition of No Exposure at a facility, the Owner/Operator of a facility shall apply for and receive permit authorization before commencing the change in accordance with Part II.A.2 of the permit.

4. Any facility authorized for the conditional exclusion for No Exposure by the Agency shall post the No Exposure Coverage Card in an area of the facility that provides highest visibility to employees and visitors.

PART II. APPLICATION REQUIREMENTS

A. Application Deadlines

An Owner/Operator of a facility that has a stormwater discharge associated with industrial activity for any primary SIC code and/or narrative activities and co-located industrial activities regulated under 40 CFR § 122.26(b)(14) )(i)-(xi), except (x), as summarized in Table 5 of Appendix D, must apply to obtain authorization under this permit or a separate NPDES/SDS permit. Prior to application for this permit, a SWPPP that meets the requirements of Part IV must be completed.

An Owner/Operator of a facility that has a stormwater discharge associated with industrial activity for any primary SIC code and/or narrative activities and co-located industrial activities regulated under 40 CFR § 122.26(b)(14) )(i)-(xi), except (x), as summarized in Table 5 of Appendix D, that is seeking a conditional exclusion for No Exposure in accordance with Part I.I must submit an application to obtain the No Exposure exclusion. Any facility that has obtained a conditional exclusion for No Exposure prior to the effective date of this permit must submit a new application for the No Exposure exclusion. A facility seeking the No Exposure exclusion is not required to develop a SWPPP.

1. Existing Facilities

All existing facilities with a primary SIC code and/or narrative activity seeking authorization to discharge industrial stormwater under this permit, or that is seeking a conditional exclusion for No Exposure, shall submit an application to the Agency for authorization in accordance with the schedule outlined in the table below.

ISW submittal schedule
Link to this table

Sector Group 1 Within 60 days of permit effective date Sector Group 2 Within 120 days of permit effective date Sector Group 3 Within 180 days of permit effective date
Sectors: A, C, D, E, F, G, I, J, L, M, N, Q, Y, and AA Sectors: H, K, O, P, R, S, Z, and AC Sectors: B, T, U, V, W, X, and AB


2. New Facilities/Industrial Activities

If a person proposes to construct a new facility or engage in a new activity for which a permit is required, the person shall submit a complete permit application at least 180 days before the planned date of the commencement of facility construction or of the planned date of the commencement of the activity, whichever occurs first. (Minn. R. 7090.3010)

3. Application for Reauthorization

If a permit has been issued by the Agency and the Permittee holding the permit desires to continue the permitted activity beyond the expiration date of the permit, the Permittee shall submit a written application for permit reissuance at least 180 days before the expiration date of the existing permit. (Minn. R. 7001.0040, subp. 3)

B. Responsibilities

The Owner/Operator, who signs the application is the Permittee and is responsible for compliance with all terms and conditions of this permit.

C. Record Retention

1. The Permittee shall retain copies of the permit application, all data and information used to complete the application, and any information developed as a requirement of this permit or as requested by the Commissioner for a period of at least three (3) years. This period is automatically extended throughout the course of an unresolved enforcement action regarding the facility or as requested by the Commissioner.

2. The Permittee shall keep all records associated with monitoring for at least three (3) years, including any calculations, original recordings from automatic monitoring devices, and laboratory sheets. The Permittee shall extend these record retention periods upon request by the Agency. In accordance with Minn. R. 7001.0150, subp. 2(C), the records shall include the following information:

a. The exact place, date, and time of sample or measurement.

b. The date of analysis.

c. The name of the person who performed the sample collection, measurement, analysis, or calculation.

d. The analytical techniques, procedures, and methods used.

e. The results of the analysis.

PART III. STORMWATER CONTROL MEASURES

The Permittee shall design and implement BMPs for each stormwater control measure outlined below. All stormwater control measures, including BMPs, shall be designed and implemented to eliminate or reduce contact or exposure of pollutants to stormwater or remove pollutants from stormwater prior to discharge from the facility. The SWPPP shall include the type and objective of the BMP used, and a description of how the BMP is evaluated to determine proper function. The Permittee shall implement all non-structural BMPs immediately and all structural BMPs within 12 months, after receiving authorization to discharge industrial stormwater under this permit.

A. Good Housekeeping. Exposed areas that may contribute pollutants to stormwater shall be kept sufficiently clean to reduce or eliminate contaminated stormwater runoff. Typical problem areas include, but are not limited to, trash containers, storage areas, loading docks and vehicle fueling and maintenance areas.

B. Eliminating and Reducing Exposure. Materials management practices shall be evaluated to determine if and how inventories of exposed materials can be reduced or eliminated. The Permittee shall, to the extent prudent and feasible, locate industrial activities and significant materials in areas not exposed to rain, snow, snowmelt or runoff.

C. Salt Storage (if present at the facility). The Permittee shall enclose or cover storage piles of salt or piles containing salt used for deicing or other commercial or industrial purposes to prevent exposure to precipitation. Exposure resulting from the adding or removal of material shall be controlled through appropriate measures (e.g. good housekeeping, diversions, and containment). Salt storage piles do not need to be enclosed or covered where stormwater from the pile is not discharged to surface waters or groundwater, or discharges from the piles are authorized and controlled under a separate NPDES/SDS permit.

D. Erosion Prevention and Sediment Control. The Permittee shall identify areas at the facility that, due to topography, land disturbance (e.g. construction, grading, landscaping), or other factors, have potential for soil erosion. In those areas, the Permittee shall implement structural, vegetative, and/or stabilization BMPs to prevent or control on-site erosion and reduce sediment loads in stormwater discharges.

E. Management of Runoff. The SWPPP shall describe all permanent stormwater BMPs implemented at the facility to manage runoff, including, but not limited to, the permanent structural BMPs used to divert stormwater runoff away from fueling, manufacturing, treatment, storage, and disposal areas, and BMPs that treat, infiltrate, reuse, contain, or otherwise reduce pollutants in stormwater discharges. In addition, the Permittee shall comply with the following requirements where applicable.

1. Industrial stormwater ponds and infiltration devices, located in areas where high levels of contaminants (as defined by the Agency) exist in the soil or in the shallow aquifer, must not contribute to contaminant(s) spreading to a greater extent or rate. At any contamination site, as determined by the Agency, a site analysis shall be conducted by a qualified professional (e.g. professional hydrogeologist, engineer, etc.) and a report filed with the SWPPP. If industrial stormwater ponds and infiltration devices are found to be a contributor to contaminant increase or movement, the Permittee shall submit a plan to the Agency that describes how the Permittee will be reducing contaminants, redesigning, relocating, or eliminating the industrial stormwater ponds and infiltration devices, as needed, to eliminate the contribution to contaminant problems. The plan shall be submitted to the Agency within one year of the Permittee’s authorization to discharge under this permit or if discovered after application, within one year of discovery. The plan shall be implemented as soon as approval is granted by the Agency. The plan may utilize the results of, but does not reduce or eliminate more stringent requirements that may be imposed by other Agency regulatory programs. If agreement with the Agency on an acceptable plan cannot be reached, the Permittee must seek an individual NPDES/SDS permit.

2. Industrial stormwater ponds and infiltration devices shall not be used in any high risk karst area unless a professional geotechnical evaluation is conducted by a qualified professional (e.g. professional hydrogeologist, engineer, etc.) to ensure that the industrial stormwater pond or infiltration device does not present a significant risk to groundwater. Generally accepted practices are described in the applicable portions of the Minnesota Stormwater Manual (See the Minnesota Storm Water Manual, Chapter 14, Section 2.2 and others, for specific information on this process). If the industrial stormwater ponds and infiltration devices present a risk, appropriate measures, such as sealing or removal of the industrial stormwater ponds or infiltration devices, shall be taken to eliminate or minimize the risk. Evaluations shall be documented with the SWPPP.

3. Industrial stormwater ponds and infiltration devices in vulnerable wellhead protection areas must be coordinated with local drinking water authorities and shall be designed to not adversely affect drinking water supplies. The Permittee shall contact the appropriate local drinking water authorities and document coordination efforts with the SWPPP.

4. Permittees with any infiltration device defined as a USEPA “Class V injection well” shall contact the USEPA Region V to determine the need to register as a “Class V injection well”. Refer to the USEPA Underground Injection Well Program for the definitions and complete registration process. Contacts and USEPA response shall be documented with the SWPPP.

F. Facility Inspection Requirements

1. Unless Part III.F.2 applies, the Permittee shall develop and implement an inspection schedule that includes a minimum of one (1) facility inspection per calendar month that the facility is active and staffed. A minimum of one (1) inspection per calendar year shall be conducted during a runoff event.

2. If a facility is unstaffed and inactive for more than 10 months of a calendar year, the Permittee may limit inspections to once every six (6) months, and is not required to conduct an inspection during a runoff event resulting in stormwater discharge from the facility. However, the Permittee shall include documentation in the SWPPP explaining BMP implementation that assures adequate protection of all waters receiving industrial stormwater discharges from the facility.

3. All facility inspections shall include the following;

a. An evaluation of the facility to determine that the SWPPP accurately reflects site conditions as described in Part IV.B.1-4. At a minimum, the Permittee shall inspect storage tank areas, waste disposal areas, maintenance areas, loading/unloading areas, and raw material, intermediate product, by-product and final product storage areas.

b. An evaluation of all structural and non-structural BMPs to determine effectiveness and proper function.

c. An evaluation of the facility to determine whether new exposed significant materials or activities have been added to the site since completion of the SWPPP.

d. During an inspection conducted during a runoff event, an evaluation of the stormwater runoff to determine if it is discolored or if other contaminants are visible in the runoff (e.g. oil & grease).

4. All inspections shall be documented and the following information shall be stored with the SWPPP:

a. Inspection date (i.e. mm/dd/yyyy), time, and weather conditions.

b. Inspector name.

c. Inspection findings.

d. A description of any necessary corrective actions and a schedule for corrective action completion.

G. Maintenance Requirements

1. BMP Maintenance

The Permittee shall maintain all stormwater BMPs identified in the SWPPP and implemented at the facility, to ensure BMP effectiveness.

a. The Permittee shall develop a schedule for preventive maintenance of all stormwater BMPs. The schedule shall be stored with the SWPPP.

b. If the Permittee identifies BMPs that are not functioning properly, the Permittee shall replace, maintain, or repair the BMPs within seven (7) calendar days of discovery. If BMP replacement, maintenance, or repair cannot be completed within seven (7) calendar days, the Permittee shall implement effective backup BMPs (temporary or permanent) until effectiveness of the original BMPs can be restored. The Permittee shall document the justification for an extended replacement, maintenance, or repair schedule of the failed BMPs, and store it with the SWPPP.

c. The Permittee shall record dates of all maintenance and repairs. The Permittee shall store these records with the SWPPP.

2. Equipment Preventive Maintenance

The Permittee shall develop and implement a preventive maintenance program to be stored with the SWPPP. The program shall require regular inspection, maintenance, and repair of industrial equipment and systems to identify conditions that could cause breakdowns or failures that may result in leaks, spills, and other releases (e.g. hydraulic leaks, torn bag-house filters, etc), and the discharge of pollutants to stormwater. The preventive maintenance program may incorporate by reference a separate Operation and Maintenance Manual (or equivalent), as long as it addresses the items required above for the preventive maintenance program.

H. Elimination of Unauthorized Non-Stormwater Discharges

The Permittee shall document that all non-stormwater discharges have been evaluated and all discharges not authorized by this permit or a separate NPDES/SDS permit have been eliminated. Documentation of the evaluation shall be included with the SWPPP, and shall consist of:

1. The date of any evaluation.

2. A description of the evaluation criteria used.

3. A list of monitoring locations that were directly observed during the evaluation.

4. The different types of non-stormwater discharges and source locations.

5. The action(s) taken, such as a list of control measures used to eliminate any unauthorized discharge(s) that were identified.

I. Spill Prevention and Response Requirements

1. The Permittee shall develop and implement a spill prevention and response procedure. If the facility already has a separate plan (e.g. Prevention and Response Plan as required by Minn. Stat. 115E, or Spill Prevention Control and Countermeasure Plan as required by Federal Law), that plan can be incorporated by reference into the SWPPP. In either case, a minimum of the following components shall be included with the SWPPP, or in a separate document:

a. Areas where the storage, transfer, or use of solid or liquid significant materials occurs, where spills and leaks of the material may potentially contribute pollutants to stormwater discharges.

b. Monitoring locations and surface waters that may be affected by spills, leaks, or discharges from emergency firefighting activities from each area identified.

c. The Permittee shall report and document spills or leaks (as defined in Minn. Stat. § 115.061) that occur in exposed areas, or that drain to a monitoring location.

d. Material handling procedures, storage requirements, and cleanup equipment/materials and procedures necessary to recover as rapidly and thoroughly as possible spills or leaks pursuant to Minn. Stat. § 115.061. All methods and procedures must be made available to appropriate facility personnel.

e. Contact information for individuals and emergency and regulatory agencies that must be notified in the event of a spill. When a spill or discharge of a potentially polluting material occurs, the Permittee shall immediately notify the Minnesota Department of Public Safety Duty Officer at 1-800-422-0798 (toll free) or 651-649-5451 (metro area) per Minn. Stat. § 115.061.

2. The Permittee shall ensure the use of infiltration is not part of a spill containment plan. This includes spill plans required under Federal Spill Prevention Containment and Control (SPCC) requirements or Minnesota Statutes 115E “The Spill Bill”.

3. The Permittee shall ensure the use of a pond is not part of a spill containment plan, including spill plans required under Federal Spill Prevention Containment and Control (SPCC requirements or Minnesota Statutes 115E), unless appropriate controls are provided to contain the spill. If a pond is used as part of a spill containment plan, the pond must have a chemically compatible liner for spilled chemicals expected to enter the pond and must have outlet controls to contain a spill. A plan must also be in place to clean up a spill so that the pond will not continue to be a source of spilled pollutants. Evaluations shall be documented with the SWPPP.

J. Mercury Minimization Plan

The Permittee shall evaluate the facility to determine if any sources containing mercury are exposed to stormwater.

Any time mercury sources or devices are found to be exposed to stormwater, a Mercury Minimization Plan shall be developed that describes how mercury sources will be managed at the site to eliminate exposure to precipitation and stormwater runoff. To the extent feasible, mercury sources and devices shall be removed from stormwater exposure and managed in accordance with Minn. R. 7045, Hazardous Waste, and any additional applicable state and federal rules.

K. Employee Training Program

The Permittee shall develop and implement a training program for employees. Training shall cover stormwater control measures, components and goals of the SWPPP, monitoring procedures, and other applicable requirements of the permit. The program shall include a training schedule that includes training at least annually. A record of the trainer’s name and trainer’s organization (internal or external), and the names of trained individual(s) and dates that the individual(s) received training must be maintained, either in the SWPPP or in a separate record stored with the SWPPP. Training shall be commensurate with the job function of the employee. At a minimum, the following individuals shall be trained:

1. Employee(s) overseeing implementation of, revising, and amending the SWPPP.

2. Employee(s) performing installation, inspection, maintenance, and repair of BMPs.

3. Employee(s) who work in areas of industrial activity subject to this permit.

4. Employee(s) who conduct stormwater discharge monitoring required by Part V and VI of this permit.

PART IV. STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A. General SWPPP Requirements

1. A SWPPP shall be developed, implemented, and maintained for each facility authorized by this permit.

2. A SWPPP shall be completed prior to submitting the permit application for authorization to discharge industrial stormwater from a facility.

3. Permittees authorized under the previous version of this permit shall modify the SWPPP to comply with the requirements of this permit prior to submitting the application.

4. The SWPPP shall identify the individual(s) responsible for managing, implementing, maintaining, modifying, and ensuring compliance with the facility’s SWPPP.

5. The Permittee shall incorporate into the SWPPP, a section specific to any mobile industrial activities conducted away from the permitted facility. The section shall address each stormwater control measure required by Part III of the permit, and requirements in Part VII, 1-6 of all applicable sectors. The Permittee shall ensure a copy of this section of the SWPPP is kept at the location where the mobile industrial activity occurs.

6. Any SWPPP requirements outlined in Part VII, (sector-specific), shall be in addition to SWPPP requirements in Part IV.

7. The SWPPP shall list all personnel who are appropriately trained to conduct facility inspections.

8. Records of all inspections conducted in accordance with Part III.F shall be maintained with the SWPPP.

9. All information pertaining to maintenance required by Part III.G shall be kept with the SWPPP.

10. All documentation pertaining to the elimination of unauthorized non-stormwater discharges as required by Part III.H shall be included with the SWPPP.

11. The SWPPP shall contain, or the Permittee shall keep as a separate document, any documentation required by the Spill Prevention and Response Requirements of Part III.I.

12. The SWPPP shall contain a Mercury Minimization Plan if the Permittee has discovered mercury sources as a result of compliance with Part III.J.

12. The SWPPP shall contain a Mercury Minimization Plan if the Permittee has discovered mercury sources as a result of compliance with Part III.J.

13. All information regarding the Employee Training Program required by Part III.J shall be included with the SWPPP, or kept as a separate document.

B. Specific SWPPP Requirements

1. The SWPPP shall be used by the Permittee to document all BMPs used to comply with each stormwater control measure required in Part III. BMPs shall be designed and implemented to address the potential pollutants associated with the activities and materials identified by the Permittee in Part IV.B.4. The documentation shall include the following:

a. A list of all non-structural BMPs designed and implemented at the facility.

b. A list of all structural BMPs designed and implemented at the facility.

2. Facility Description. The SWPPP shall include:

a. A narrative description of the industrial activities conducted at the facility.

b. The total size of the facility property in acres.

c. A calculation of the facility acreage that has industrial activity and/or significant materials in contact with stormwater, from new or existing facilities since January 1, 1988. The calculation excludes acreage that does not have the potential to discharge industrial stormwater (e.g. natural and landscaped areas, employee parking lots, and office buildings, etc).

3. Facility Map(s)

The facility map(s) shall be of 1:24,000 scale or larger (e.g. United States Geological Survey map or equivalent), and must depict the following:

a. Location of the facility in relation to surface waters (including the name of the surface water; if the name is not known, indicate that on the map), receiving industrial stormwater discharges from the facility.

b. Location of all impervious surfaces within the facility property boundaries.

c. Directions of stormwater flow indicated by arrows.

d. Location of all activities and materials identified in Part IV.B.4.

e. Location of all structural BMPs.

f. Location of all impaired waters within one mile of any monitoring location. The Permittee shall include the name of the impaired water and the impairment (e.g. impaired for biota fish, turbidity, nutrients, etc).

g. Location and name of any waters described in Appendix A if the water(s) receives industrial stormwater discharges from a monitoring location that flows to, and is within one mile of, the Appendix A water.

h. Location of all storm sewer inlets.

i. Location of all loading dock drains, including those that connect to a storm sewer.

j. Location of each benchmark monitoring location. Each benchmark monitoring location shall be assigned a unique identifying number (e.g. BML01, BML02, BML03, etc.) that will be used when submitting monitoring data to the Agency. Each benchmark monitoring location from which a discharge flows to, and is within one mile of, an impaired water shall be clearly labeled.

k. Location of each effluent monitoring location that will be monitored (if applicable). Each effluent monitoring location shall be assigned a unique identifying number (e.g. EML01, EML02, EML03, etc.) that will be used when submitting monitoring data to the Agency.

l. Location and description of any non-stormwater discharges as authorized in Part I.A.2.

4. Facility Assessment of Activities and Materials

a. Assessment of Activities

The facility SWPPP shall include an assessment and inventory/list of activities that can potentially be sources of pollutants to stormwater discharges associated with industrial activity. These activities include, but are not limited to:

1. Fueling.

2. Vehicle and equipment maintenance.

3. Loading and unloading of dry bulk materials or liquids.

4. Liquid storage tanks.

5. Outdoor manufacturing and processing.

6. Outdoor storage of significant materials.

7. Access roads, rail cars, and tracks.

8. Waste treatment, storage, or disposal including waste ponds, dumpsters, and solid waste storage or management.

9. Dust or particulate-generating processes including dust collection devices and vents.

10. Rooftops contaminated by pollution control devices.

b. Assessment of Materials and Associated Pollutants

The SWPPP shall include documentation of an assessment and inventory/list of materials handled or stored at the facility that can potentially be a source of pollutants to stormwater discharges associated with industrial activity. The assessment shall also include pollutant constituents (e.g. crankcase oil, zinc, sulfuric acid, cleaning solvents, etc) associated with each type of material identified below.

1. Raw materials.

2. Intermediate products.

3. By-products.

4. Final products, and

5. Waste products.

5. SWPPP Modification Requirements

The Permittee shall review the SWPPP at least annually and modify the SWPPP as necessary, if:

a. There is construction or a change in design, operation, or maintenance at the facility that affects stormwater management or compliance with this permit.

b. The Permittee has identified a monitoring location from which the discharge flows to, and is within one mile of, an impaired water.

c. A routine inspection, compliance evaluation, or visual inspection identifies deficiencies in the SWPPP and/or BMPs.

d. Additional stormwater control measures and BMPs are necessary to meet applicable water quality standards or to address exceedances of benchmark values.

e. There is an unauthorized discharge from the facility. If the SWPPP modification is based on a release or unauthorized discharge, include in the modified SWPPP a description and date of the release, the circumstances leading to the release, actions taken in response to the release, and measures to prevent the recurrence of such releases. Unauthorized releases and discharges are subject to the reporting requirements in Part IV.B.7.

6. SWPPP Availability Requirements

The SWPPP must be kept at the industrial facility and made available to the Agency within 72 hours of a request for review. (Minn. R. 7090.3040, subp. 2).

7. SWPPP Reporting Requirements and Submittals

a. Annual Report

The Permittee shall submit an Annual Report on a form provided by the Agency by March 31st of each year the Permittee is authorized to discharge industrial stormwater under this permit. Each Annual Report shall cover those portions of the previous calendar year the Permittee was authorized to discharge industrial stormwater. The Annual Report shall include, at a minimum, the following information:

1. A summary of inspection dates, findings, and any BMP maintenance conducted by the Permittee during the course of the reporting year.

2. If applicable, the results of any inspection requirements of Part VII (sector-specific requirements) involving oil and grease.

3. A confirmation that the SWPPP accurately reflects facility conditions.

4. A confirmation that newly-exposed significant materials (if any) have been identified and that the SWPPP has been modified to address them.

5. A confirmation that the Permittee has conducted a review of impaired waters and that the SWPPP has been modified to address applicable permit requirements of Part V, if necessary.

6. A confirmation that the Permittee has conducted a review of USEPA-approved TMDLs that may apply to the facility and that may require the Permittee to comply with Part I.B.j of the permit.

7. A description of any SWPPP modification made in accordance with Part IV.B.5, including any information supporting the use of a monitoring waiver outlined in Part V.B.6.

8. A list of all spills and leaks (as defined in Minn. Stat. § 115.061) that occurred at the facility during the reporting year.

9. If applicable, a summary of all mobile industrial activities conducted by the facility. At a minimum, the summary shall include a description (including SIC code and/or narrative activity), locations where the mobile industrial activity occurred (including latitude and longitude coordinates), and length of time the mobile industrial activity operated at each location.

b. Submitting Reports

The Permittee may submit the Annual Report form and other submittals required in this permit by using an electronic submittal process or by mailing to the following address:

MPCA
Attn: WQ Submittals Center
520 Lafayette Road North
St. Paul, MN 55155-4194

PART V. BENCHMARK MONITORING REQUIREMENTS

A. The Permittee shall monitor each benchmark monitoring location for all benchmark parameters specified for the facility’s primary SIC code and/or narrative activity and any co-located industrial activity as outlined in Part VII, unless exempted by Part V.B.6.

An exceedance of an applicable benchmark value does not constitute a violation under this permit. However, the Permittee is required to perform any necessary corrective action(s) to address stormwater control measures, including the maintenance or implementation of BMPs, when an exceedance of an applicable benchmark value occurs. Failure to respond to benchmark value exceedances is a violation of the permit.

B. Monitoring for benchmark parameters at each benchmark monitoring location shall be conducted according to the procedures of Part V.B.1, and shall begin 12 months after the date the Permittee is authorized to discharge industrial stormwater under this permit.

1. Monitoring Procedures And Sample Collection Methods

a. If the Permittee has identified multiple, but separate, stormwater discharges associated with industrial activity, and each area of discharge is substantially similar in terms of exposure, BMPs, and pollutants discharged, the Permittee may choose one benchmark monitoring location that is most representative and best allows for obtaining a sample.

b. The Permittee shall ensure that a laboratory certified by the Minnesota Department of Health conducts analyses required by this permit. If the Permittee is required under this permit to conduct a visual observation sufficient to determine the presence of debris that will not pass through a 2.54 cm (1 inch) round opening, the Permittee is not required to use a laboratory certified by the Minnesota Department of Health for this analysis. Analyses of dissolved oxygen, pH, temperature and total residual oxidants (chlorine, bromine) are not required to be completed by a certified laboratory, but shall comply with manufacturer’s specifications for equipment calibration and use. (Minn. Stat. Sec. 144.97 through 144.98 and Minn. R. 4740.2010 and 4740.2050 through 4740.2120)

c. Four (4) samples shall be collected at each benchmark monitoring location and analyzed for each benchmark parameter specified for the Permittee’s industrial sector(s) in order to determine an average concentration for each benchmark parameter for facility discharges. The four (4) samples shall be collected on four (4) separate events (one per 3-month interval) during the year. At the Permittee’s discretion, more than four (4) samples may be taken during separate runoff events and used to determine the average benchmark parameter concentration for facility discharges. The benchmark parameters are listed in tables in the sector-specific sections of Part VII.

d. For averaging purposes, the Permittee shall use a value of zero for any individual sample parameter that is determined to be less than the method detection limit. For sample values that fall between the method detection level and the quantitation limit (i.e. a confirmed detection, but below the level that can be reliably quantified), the Permittee shall use a value halfway between zero and the quantitation limit.

e. Sampling intervals correspond to 3-month periods beginning 12 months after the date the facility is authorized by the Agency to discharge industrial stormwater under this permit. Samples shall be collected in each of the four (4) intervals of a sampling year and shall be collected during the first 30 minutes of a measurable runoff event at a benchmark monitoring location within a sampling interval to the extent feasible. For every interval the Permittee is required to conduct sampling, a Stormwater Monitoring Report shall be submitted to the Agency in accordance with Part V.B.5 (even if measurable runoff during a sampling interval is not sufficient to obtain a sample).

1. In the absence of a measurable runoff event during a sampling interval due to weather conditions and/or site soil characteristics, the Permittee shall collect a substitute sample during the next sampling interval. This may result in the Permittee collecting more than one sample during an interval. In this case, samples may be taken at any time during an interval, except that sampling events shall be at least 72 hours apart.

2. If the Permittee is unable to obtain a minimum of four (4) samples throughout a sampling year, less than four (4) samples may be used to determine the average benchmark parameter concentration(s) for the discharges during the year. However, for each interval that samples cannot be obtained, the Permittee shall complete the appropriate sections of a Stormwater Monitoring Report, and submit it to the Agency.

3. If the Permittee is unable to obtain at least one sample during second year monitoring as required by Part V.B.2, the Permittee shall conduct fourth year monitoring as required by Part V.B.3.

f. If more than four (4) samples are taken at a benchmark monitoring location during a sampling year, all samples taken shall be reported and used to determine the average benchmark parameter concentration, and the data shall be included in the Stormwater Monitoring Report submitted to the Agency.

g. Samples shall be collected from a measurable runoff event (precipitation or snow melt) at a benchmark monitoring location, provided that the interval since the preceding measurable runoff event is at least 72 hours.

h. If it is not possible to collect the sample within the first 30 minutes of a measurable runoff event at the benchmark monitoring location, the sample shall be collected as soon as practicable after the first 30 minutes and documentation must be included with the Stormwater Monitoring Report that explains why it was not possible to collect samples within the first 30 minutes of a measurable runoff event.

i. Samples shall either be taken manually by grab method, or by automated sampling. If automated sampling is used, the device shall either collect one sample during the first 30 minutes of discharge or a series of samples collected throughout the discharge period, combined as a composite sample.

2. Second Year Monitoring

Unless the Permittee meets the waiver conditions of Part V.B.6, the Permittee shall begin monitoring benchmark parameters specified for the Permittee’s industrial sector(s) using the procedures outlined in Part V.B.1. The second year monitoring interval shall begin no later than twelve (12) months after the date the Permittee is authorized to discharge industrial stormwater under this permit. The Permittee shall collect samples from each stormwater benchmark monitoring location(s) identified by the Permittee in the SWPPP.

Once the second year samples for each benchmark monitoring location(s) have been collected and analyzed, the Permittee shall compare the average of the second year monitoring results with the applicable benchmark value(s) and refer to the following outcomes to determine what further action may be required.

a. Benchmark Values Are Not Exceeded

Further monitoring for those pollutants is not required, unless during subsequent years of permit authorization, a new impaired water has been listed, and the facility has a monitoring location from which the discharge flows to, and is within one mile of, the impaired water. In this case, the Permittee shall:

1. Complete additional monitoring for the benchmark parameter(s) for which the recently listed water is impaired. This only applies if the pollutant(s) of impairment or its appropriate surrogate(s) (Table 2) is among the list of benchmark parameters specified for the Permittee’s industrial sector(s).

ISW appropriate surrogates.
Link to this table

Pollutant of Impairment Surrogate
Biota (Fish)/td> Solids, Total Suspended (TSS)
Biota (Macroinvertabrates) Solids, Total Suspended (TSS)
Biota (Plant) Solids, Total Suspended (TSS)
Dissolved Oxygen (DO) 1BOD, Carbonaceous 05 Day (20 Deg C) (CBOD5), and/or COD (Chemical Oxygen Demand)
Nutrient Eutrophication Biological Indicators Phosphorus, Total (as P)
Turbidity

Solids, Total Suspended (TSS)

1In the case of water impaired for Dissolved Oxygen, the Permittee must monitor for either CBOD5 or COD, or both, depending if these pollutants are among the sector-specific pollutants of the Permittee’s sector in Part VII.


2. No later than 180 days following the USEPA-approved listing of the impaired water, begin the additional monitoring for the pollutant(s) of impairment or its appropriate surrogate(s), using the procedures outlined in Part V.B.1.

3. At the completion of monitoring, follow Part V.B.2.a or Part V.B.2.b.2, which-ever applies.

b. Benchmark Values Are Exceeded

1. If the facility does not have a monitoring location from which a discharge flows to, and is within one mile of, an impaired water or a water listed in Appendix A, Parts B, C, or D, the Permittee shall:

a. Modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during fourth year monitoring. The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions. Modifications and upgrades of the SWPPP and BMPs shall be completed and implemented no later than 36 months after the Permittee’s authorization to discharge stormwater under this permit.

b. Comply with the monitoring requirements of Part V.B.3 (Fourth Year Monitoring).

2. If the facility has a monitoring location from which a discharge flows to, and is within one mile of, an impaired water listed as impaired for a pollutant(s) of impairment or its appropriate surrogate(s) (Table 2), or a water listed in Appendix A, Parts B, C, or D, the Permittee shall:

a. Modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during fourth year monitoring. The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions. Modifications and upgrades of the SWPPP shall be completed no later than 30 days past the discovery of the exceedance.

b. Implement necessary non-structural BMPs no later than 60 days after discovery of the exceedance.

c. Implement structural BMPs no later than 180 days after discovery of the exceedance. If the Permittee is unable to complete implementation of structural BMPs within 180 days, the Permittee shall submit a plan to the Agency that includes justification why this requirement cannot be met and a specific schedule for completion. The plan shall be submitted no later than 180 days after discovery of the exceedance and shall be submitted to the address in Part V.B.5.b of the permit.

d. Comply with the monitoring requirements of Part V.B.3 (Fourth Year Monitoring).

3. Fourth Year Monitoring (If Applicable)

If sampling conducted in accordance with second year monitoring as required in Part V.B.2 resulted in a benchmark value exceedance, the Permittee shall conduct fourth year monitoring, unless the Permittee meets the waiver conditions of Part V.B.6.

The fourth year monitoring interval shall begin no later than thirty-six (36) months after the date the Permittee is authorized to discharge industrial stormwater under this permit. Fourth year monitoring shall be conducted using the procedures outlined in Part V.B.1, and may be limited to only the benchmark parameter(s), and benchmark monitoring locations for which benchmark value(s) were exceeded during the second year monitoring.

Once the fourth year samples for each benchmark monitoring location(s) have been collected and analyzed, the Permittee shall compare the average of the fourth year monitoring results with the applicable benchmark value and refer to the following outcomes to determine what further action may be required.

a. Benchmark Values Are Not Exceeded

Further monitoring for those pollutants is not required, unless during subsequent years of permit authorization, a new impaired water has been listed, and the facility has a monitoring location from which the discharge flows to, and is within one mile of, the impaired water. In this case, the Permittee shall:

1. Complete additional monitoring for the benchmark parameter(s) for which the recently listed water is impaired. This only applies if the pollutant(s) of impairment or its appropriate surrogate(s) (Table 2) is among the list of benchmark parameters specified for the Permittee’s industrial sector(s).

2. No later than 180 days following the approved listing of the impaired water, begin the additional monitoring for the pollutant(s) of impairment or its appropriate surrogate(s), using the procedures outlined in Part V.B.1.

3. At the completion of monitoring, follow Part V.B.3.a or Part V.B.3.b, whichever applies.

b. Benchmark Values Are Exceeded

If the average concentration of any benchmark parameter exceeds a benchmark value specified in Part VII at the completion of the fourth year monitoring, the Permittee shall:

1. Modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during fifth year monitoring. The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions. Modifications and upgrades of the SWPPP shall be completed no later than 30 days past the discovery of the exceedance.

2. Implement necessary non-structural BMPs no later than 60 days after discovery of the exceedance.

3. Implement structural BMPs no later than 180 days after discovery of the exceedance. If the Permittee is unable to complete implementation of structural BMPs within 180 days, the Permittee shall submit a plan to the Agency that includes justification why this requirement cannot be met and a specific schedule for completion. The plan shall be submitted no later than 180 days after discovery of the exceedance and shall be submitted to the address in Part V.B.5.b of the permit.

4. Submit a Benchmark Exceedance Report to the address listed in Part V.B.5.b, which describes the inability to meet the benchmark values. The report shall describe in detail the technical basis and reasons why the benchmark values cannot be met. The Benchmark Exceedance Report shall be submitted to the Agency no later than 30 days after the fourth sampling interval of the monitoring year.

5. Comply with the monitoring requirements of Part V.B.4 (Fifth Year Monitoring).

4. Fifth Year Monitoring (If Applicable)

If sampling conducted in accordance with fourth year monitoring as required in Part V.B.3 resulted in a benchmark value exceedance, the Permittee shall conduct fifth year monitoring, unless the Permittee meets the waiver conditions of Part V.B.6.

The fifth year monitoring interval shall begin no later than forty-eight (48) months after the date the Permittee is authorized to discharge industrial stormwater under this permit. Fifth year monitoring shall be conducted using the procedures outlined in Part V.B.1, and may be limited to only the benchmark parameter(s), and benchmark monitoring locations for which a benchmark value was exceeded during the fourth year monitoring.

Once the fifth year samples for each benchmark monitoring location(s) have been collected and analyzed, the Permittee shall compare the average of the fifth year monitoring results with the applicable benchmark value and refer to the following outcomes to determine what further action may be required.

a. Benchmark Values Are Not Exceeded

Further monitoring for those pollutants is not required, unless during subsequent years of permit authorization, a new impaired water has been listed, and the facility has a monitoring location from which the discharge flows to, and is within one mile of, the impaired water. In this case, the Permittee shall:

1. Complete additional monitoring for the benchmark parameter(s) for which the recently listed water is impaired. This only applies if the pollutant(s) of impairment or its appropriate surrogate(s) (Table 2) is among the list of benchmark parameters specified for the Permittee’s industrial sector(s).

2. No later than 180 days following the approved listing of the impaired water, begin the additional monitoring for the pollutant(s) of impairment or its appropriate surrogate(s), using the procedures outlined in Part V.B.1.

3. At the completion of monitoring, follow Part V.B.4.a or Part V.B.4.b, whichever applies.

b. Benchmark Values Are Exceeded

If the average concentration of any benchmark parameter(s) exceeds a benchmark value specified in Part VII at the completion of the fifth year monitoring, the Permittee shall:

1. Modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during subsequent monitoring. The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions. Modifications and upgrades of the SWPPP shall be completed no later than 30 days past the discovery of the exceedance.

2. Implement necessary non-structural BMPs no later than 60 days after discovery of the exceedance.

3. Implement structural BMPs no later than 180 days after discovery of the exceedance. If the Permittee is unable to complete implementation of structural BMPs within 180 days, the Permittee shall submit a plan to the Agency that includes justification why this requirement cannot be met and a specific schedule for completion. The plan shall be submitted no later than 180 days after discovery of the exceedance and shall be submitted to the address in Part V.B.5.b of the permit.

4. Submit a Benchmark Exceedance Report to the address listed in Part V.B.5.b, which describes the inability to meet the benchmark values. The report shall describe in detail the technical basis and reasons why the benchmark values cannot be met. The Benchmark Exceedance Report shall be submitted to the Agency no later than 30 days after the fourth sampling interval of the monitoring year.

5. Continue benchmark monitoring of the benchmark parameter(s) exceeded during year 5. The benchmark monitoring interval shall begin 60 months after the Permittee’s authorization to discharge stormwater under this permit and the Permittee shall conduct the repeat benchmark monitoring using the same procedures as outlined in Part V.B.4 (Fifth Year Monitoring).

5. Benchmark Monitoring Data Reporting

a. The Permittee shall submit the results of benchmark monitoring required by this permit on a Stormwater Monitoring Report form provided by the Agency. The information must be recorded in the specified areas on the form and in the units specified (Minn. R. 7001.1090, subp. 1(D), Minn. R. 7001.0150, subp. 2(B)).

If during the sampling period, measurable runoff is such that a sample cannot be acquired (due to weather conditions and/or site soil characteristics), the Permittee shall check the "No Flow" box and note the conditions on the Stormwater Monitoring Report.

b. The Permittee shall submit the Stormwater Monitoring Report form to the Agency postmarked by the 21st day of the month following the sampling interval. The Permittee may submit the form using the electronic submittal process or by mailing the form to the following address:

MPCA

Attn: WQ Submittals Center

520 Lafayette Road North

St. Paul, MN 55155-4194.

c. The Permittee shall immediately submit an amended Stormwater Monitoring Report to the Agency upon discovery by the Permittee or notification by the Agency that the Permittee has submitted an incomplete or incorrect report. The amended report shall contain the missing or corrected data along with a cover letter explaining the circumstances of the incomplete or incorrect report. (Minn. R. 7001.0150, subp. 3(G)).

6. Benchmark Monitoring Waivers

a. General Benchmark Monitoring Waiver

Unless precluded by Part VII of the permit, the Permittee is not required to conduct benchmark monitoring in accordance with Part V of this permit if the Permittee documents in the facility’s SWPPP, and the appropriate sections of a Stormwater Monitoring Report submitted to the Agency (a Stormwater Monitoring Report may be submitted at any time for this purpose), that one or more of the following options is being met at the facility or a portion of the facility.

1. Infiltration BMPs have been designed, constructed, and operated in accordance with Appendix C.

2. Pond BMPs have been designed, constructed, and operated in accordance with Appendix C.

b. Run-On Demonstration Waiver

If the average concentration of any benchmark parameter(s) sampled over the course of a sampling year shows that an applicable benchmark value has been exceeded at a specific benchmark monitoring location, and the Permittee believes that drainage onto the site from up-gradient sources (run-on) may have significantly contributed to or caused the benchmark value exceedance, the Permittee can discontinue monitoring for that pollutant parameter if terms and conditions of this part are met. To qualify for this waiver, the Permittee shall demonstrate that the average of all samples taken of a specific pollutant parameter of the run-on is significantly contributing to, and causing, the pollutant parameter exceedance at the benchmark monitoring location. At a minimum, the Permittee must conduct the following activities to complete the demonstration:

1. Sample the run-on prior to co-mingling with other stormwater discharges, and analyze the run-on against the pollutant parameter for which the benchmark value was exceeded.

2. Include with the SWPPP a run-on demonstration narrative that describes the following:

a. Nature of the run-on including a description of the adjacent property, land use type, and the activity believed to be responsible for the stormwater contamination.

b. The dates and lab results of the samples taken for comparison purposes of the facility benchmark monitoring locations and the sampling points selected for run-on sampling.

c. A statement that the Permittee has assessed and is reasonably assured the run-on flows to, and is directly affecting or related to, the specific benchmark monitoring location for which a benchmark value has been exceeded.

d. Any efforts taken by the Permittee to divert or otherwise minimize run-on to the facility.

e. Any other relevant information that supports the Permittee’s use of this waiver.

3. Complete the appropriate sections of a Stormwater Monitoring Report and submit it to the Agency (a Stormwater Monitoring Report may be submitted at any time for this purpose).

4. Address the use of this waiver in all subsequent Annual Report submittals to the Agency.

c. Natural Background Pollutant Waiver

If during the course of benchmark monitoring the average concentration of a benchmark parameter exceeds a benchmark value, and the Permittee demonstrates to the Agency that the exceedance of the benchmark value is attributable to the presence of that pollutant in the natural background (pollutants from former site operations or run-on are not natural background), the Permittee is not required to perform corrective actions or additional benchmark monitoring of that benchmark parameter provided that:

1. The Permittee demonstrates that the average of all samples taken of a specific benchmark parameter of the natural background is significantly contributing to, and causing, the benchmark value exceedance at the benchmark monitoring location.

2. The Permittee documents and maintains with the SWPPP the supporting rationale for concluding the benchmark value exceedance(s) are attributable to natural background pollutant levels. The Permittee shall include with the supporting rationale any previously collected data that describes the levels of natural background pollutants in the industrial facility stormwater discharge.

3. The Permittee submits notification to the Agency by completing the appropriate sections of a Stormwater Monitoring Report (a Stormwater Monitoring Report may be submitted at any time for this purpose) that the benchmark value exceedance(s) are attributable to natural background pollutant levels. In addition, the Permittee shall address the use of this waiver in all subsequent Annual Report submittals to the Agency.

PART VI. EFFLUENT MONITORING REQUIREMENTS

A. Any Permittee that conducts the activities listed in Table 3 below and that has surface water discharges shall comply with the effluent limitations prescribed in the sector-specific requirements of Part VII. The Permittee shall identify an effluent monitoring location any place at the facility where industrial activity with an effluent limit occurs. The Permittee shall monitor each effluent monitoring location identified in the SWPPP, in accordance with the procedures outlined in Part VI.B.

ISW effluent monitoring Activities
Link to this table

Regulated Activity Effluent Limit Monitoring Frequency
Discharges from wet decking storage areas See Sector A 1/year
Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, by-products or waste products (SIC 2874) See Sector C 1/yea
Runoff from asphalt emulsion facilities See Sector D 1/year
Runoff from material storage piles at cement manufacturing facilities See Sector E 1/year
Mine dewatering discharges at construction sand and gravel, or industrial sand mining facilities See Sector J 1/year
Runoff from hazardous waste landfills See Sector K 1/year
Runoff from non-hazardous waste landfills See Sector L 1/year
Runoff from coal storage piles at steam electric generating facilities See Sector O 1/year


B. Required Effluent Monitoring Procedures and Sample Collection Methods

1. One (1) sample shall be collected annually from each effluent monitoring location identified in the SWPPP and analyzed for each required effluent limit parameter specified in Part VII. The sample(s) shall be collected each calendar year the Permittee is authorized to discharge industrial stormwater under this permit.

2. Samples shall be collected during any measurable runoff event at an effluent monitoring location. The sample(s) shall be collected within the first 30 minutes of the measurable runoff event. If it is not possible to collect the sample(s) within the first 30 minutes, the sample(s) shall be collected as soon as practicable after the first 30 minutes and documentation must be included with the Discharge Monitoring Report (DMR) that explains why it was not possible to collect the sample(s) within the first 30 minutes.

3. Samples shall either be taken manually by grab method, or by automated sampling. If automated sampling is used, the device shall either collect one sample during the first 30 minutes of discharge or a series of samples collected throughout the discharge period combined as a composite sample.

4. If the Permittee has determined that an effluent monitoring location and a benchmark monitoring location are at the same location, and the effluent sampling of a pollutant parameter coincides with the sampling of a benchmark pollutant parameter, the Permittee may collect one sample to be analyzed for both purposes.

C. Effluent Limit Exceedances

If sampling by the Permittee indicates a violation of any effluent limitation specified in this permit, the Permittee shall immediately make every effort to verify the violation by collecting additional samples; if appropriate, investigate the cause of the violation and take action to prevent future violations. Violations that are determined to pose a threat to human health or a drinking water supply, or represent a significant risk to the environment shall be immediately reported to the Minnesota Department of Public Safety Duty Officer at 1-800-422-0798 (toll free) or 651-649-5451 (metro area). In addition, the Permittee may also contact the Agency during business hours. Otherwise, the violations and the results of any additional sampling shall be recorded on the next appropriate DMR or report.

D. Effluent Monitoring Data Reporting

1. The effluent monitoring results shall be submitted on a DMR form provided by the Agency. The information must be recorded in the specified areas on the form and in the units specified (Minn. R. 7001.1090, subp. 1(D), Minn. R. 7001.0150, subp. 2(B)).

If during the sampling period, measurable runoff at the effluent monitoring location is such that a sample cannot be acquired (due to weather conditions and/or site soil characteristics); the Permittee shall check the "No Flow" box and note the conditions on the DMR.

2. A DMR shall be submitted for each required effluent monitoring location even if a discharge did not occur during the sampling period. (Minn. R. 7001.0150, subps. 2(B) and 3(H)).

3. The Permittee shall submit the DMR form to the Agency postmarked by the 21st day after the end of the calendar month in which the sample was collected. The Permittee may submit the form using the electronic submittal process or by mailing the form to the following address:

MPCA

Attn: WQ Submittals Center

520 Lafayette Road North

St. Paul, MN 55155-4194.

4. The Permittee shall immediately submit an amended DMR to the Agency upon discovery by the Permittee or notification by the Agency that the Permittee has submitted an incomplete or incorrect report. The amended report shall contain the missing or corrected data along with a cover letter explaining the circumstances of the incomplete or incorrect report. (Minn. R. 7001.0150, subp. 3(G)).

PART VII. SECTOR-SPECIFIC REQUIREMENTS

The Permittee shall comply with Part VII (sector-specific requirements) for any primary SIC code and/or narrative activity and co-located industrial activities as defined in Appendix E of this permit. The sector-specific requirements apply to those areas of the Permittee’s facility where those sector-specific activities occur. These sector-specific requirements are in addition to requirements specified elsewhere in this permit.

Sector A - Timber Products
Sector B - Paper and Allied Products Mfg
Sector C - Chemical and Allied Products Mfg
Sector D - Asphalt Paving and Roofing Materials and Lubricant Mfg
Sector E - Glass, Clay, Cement, Concrete, and Gypsum Products
Sector F - Primary Metals
Sector G - Metal Mining (Ore Mining and Dressing)
Sector H - Coal Mines and Coal Mining-Related Facilities
Sector I - Oil and Gas Extraction and Refining
Sector J - Mineral Mining and Dressing
Sector K - Hazardous Waste Treatment, Storage, or Disposal Facilities
Sector L - Landfills and Land Application Sites
Sector M - Automobile Salvage Yards
Sector N - Scrap Recycling and Waste Recycling Facilities
Sector O - Steam Electric Generating Facilities
Sector P - Land Transportation and Warehousing
Sector Q - Water Transportation
Sector R - Ship and Boat Building and Repair Yards
Sector S - Air Transportation
Sector T - Treatment Works
Sector U - Food and Kindred Products
Sector V - Textile Mills, Apparel, and Other Fabric Products Mfg
Sector W - Furniture and Fixtures
Sector X - Printing and Publishing
Sector Y - Rubber, Miscellaneous Plastic Products, and Miscellaneous Mfg Industries
Sector Z - Leather Tanning and Finishing
Sector AA - Fabricated Metal Products
Sector AB - Transportation Equipment and Industrial or Commercial Machinery
Sector AC - Electronic and Electrical Equipment and Components, Photographic and Optical Goods

A. Timber Products

1. Authorized Stormwater Discharges

The requirements in Sector A apply to stormwater discharges associated with industrial activity from timber products facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector A Permittees under Sector A are primarily engaged in the following types of activities:

a. Log storage or handling areas (wet deck storage areas only authorized if no chemical additives are used in the spray water applied to the logs).

b. Mills, including merchant, lath, shingle, cooperage stock, planing, plywood, and veneer.

c. Producing lumber and wood-based materials.

d. Wood preserving.

e. Manufacturing finished articles made entirely of wood or related materials except wood kitchen cabinet manufacturers.

f. Manufacturing wood buildings or mobile homes.

3. Limitation on Authorization

Discharges not authorized by this permit:

Stormwater discharges from areas where there may be contact with the chemical formulations sprayed to provide surface protection. These discharges must be authorized by a separate NPDES/SDS permit.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

1. If the Permittee performs wood surface protection and preservation activities, the Permittee shall inspect all processing areas that are subject to compliance with 40 CFR pt. 264 and 265, subp. W, to assess the effectiveness of BMPs used to eliminate all discharges of chemical preservatives. Any discharge from these areas is considered process wastewater and is not stormwater, and will require separate NPDES/SDS authorization.

2. The Permittee shall conduct inspections of treated wood storage areas to assess the effectiveness of BMPs used to minimize or eliminate the discharge of stormwater that has contacted wood preservation chemicals.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures.

The Permittee shall provide complete secondary containment, for all significant materials stored indoors and outdoors, (e.g. arsenic, chromium, zinc, copper, and phenolic solution storage tanks and structures). Also, the Permittee shall drain contained stormwater from outdoor storage tanks and structures only after inspection demonstrates that no stormwater contact with solutions has occurred.

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map (No additional requirements).

b. Inventory of Exposed Materials.

If the Permittee uses chlorophenolic, Pentachlorophenol, creosote, or chromiumcopper-arsenic formulations for wood surface protection or preserving, the following shall be identified and documented in the SWPPP:

1. Areas where contaminated soils from treatment equipment, and stored materials still remain.

2. The management practices employed to prevent the contact of these materials with stormwater runoff.

c. Potential Pollutant Sources (No additional requirements).

d. Description of Stormwater Controls.

The Permittee shall describe BMPs implemented to address the following sources for pollution potential:

1. Log, lumber and wood product storage areas.

2. Residue storage areas.

3. Chemical storage areas.

If the Permittee performs wood surface protection and preservation activities, address the specific BMPs for these activities.

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table A-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector A - Timber products. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent limits
A1 General Sawmills/Planing Mills COD (Chemical Oxygen Demand) 20 mg/L Effluent Monitoring Not Required
Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
Zinc, Total (as Zn) 0.234 mg/L 1 Effluent Monitoring Not Required
A2 Wood Preserving Arsenic, Total (as As) 0.680 mg/L Effluent Monitoring Not Required
Copper, Total (as Cu) 0.028 mg/L 1 Effluent Monitoring Not Required
Chromium, Total (as Cr) 3.5 mg/L 1 Effluent Monitoring Not Required
Pentachlorophenol (PCP) 0.011 mg/L Effluent Monitoring Not Required
Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
A3 Log Storage and Handling Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
A4 Discharges From Wet Decking Storage Areas pH 4 Benchmark Monitoring Not Required 6.0-9.0 SU
Debris Benchmark Monitoring Not Required No discharge of debris that will not pass through a 2.54cm (1 inch) round opening, instantaneous maximum (visual assessment) 3
A5 Hardwood Dimension and Flooring Mills COD (Chemical Oxygen Demand) 120 mg/L Effluent Monitoring Not Required
Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
3The Permittee is authorized under this permit to conduct a visual observation sufficient to determine the presence of debris that will not pass through a 2.54 cm (1inch) round opening and is not required to use a laboratory certified by the MDH or registered by the MPCA for this analysis.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

a. Industrial Stormwater Ponds

1. The Permittee of a sector A industrial facility not operating under an SIC code of 2491 (wood preserving) is authorized to use industrial stormwater ponds for stormwater management without additional restrictions.

2. The Permittee of a sector A industrial facility operating under an SIC code of 2491 (wood preserving) is authorized to use industrial stormwater ponds for stormwater management provided that any industrial stormwater pond constructed after April 5, 2010, meets the following design criteria. Any Permittee required to comply with this part is not authorized to utilize the benchmark monitoring waiver described in Part V.A/.4.a of the permit.

a. The industrial stormwater pond must be lined with a synthetic liner that is chemically compatible with materials expected to enter the pond, must be Ultra Violet (UV) stable, and must be designed to restrict infiltration to less than 500 gallons per acre per day.

b. The industrial stormwater pond must be designed in accordance with accepted engineering practices. (See Agency “Recommended Pond Design Criteria” December 2009, Document number: wq-wwtp5-53 and any applicable supporting technical criteria)

b. Infiltration Devices

1. The permittee of a sector A industrial facility not operating under an SIC code of 2491 (wood preserving) is authorized to use a designed infiltration device for industrial stormwater management and is not required to comply with Part VII.A.8.b.2, below.

2. The permittee of a sector A industrial facility operating under an SIC code of 2491 (wood preserving) is authorized to use a designed infiltration device, implemented prior to April 5, 2010, for stormwater management provided the Permittee complies with the following requirements:

a. The Permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration. However, any Permittee required to comply with this part that is using a designed infiltration device to manage industrial stormwater is not authorized to utilize the benchmark monitoring waiver described in Part V.B.6.a of the permit.

b. If the Permittee has a designed infiltration device operating prior to April 5, 2010, the Permittee is authorized to continue using that device. However, on or after April 5, 2010, the Permittee is not authorized to construct new infiltration devices, expand infiltration activities or practices that result in infiltration, or expand volume of infiltration.

B. Paper and Allied Products Manufacturing

1. Authorized Stormwater Discharges

The requirements in Sector B apply to stormwater discharges associated with industrial activity from paper and allied products manufacturing facilities, and include stormwater runoff from wood storage areas and other raw and product material storage areas, as identified by the industrial activity codes specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector B Permittees under Sector B are primarily engaged in the following types of activities:

a. Paperboard mills.

b. Pulp mills.

c. Paper mills.

d. Paperboard containers and boxes.

e. Converted paper and paperboard products, except containers and boxes

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Control Measures (No Additional Requirements)

6. SWPPP Requirements (No Additional Requirements)

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table B-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector B - Paper and Allied Products Manufacturing. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
B1 Pulp, Paper, Cardboard, Converted Paper and Paperboard Products Solids, Total Suspended (TSS) 100 mg/L 1
COD (Chemical Oxygen Demand) 120 mg/L

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector B industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

C. Chemical and Allied Products Manufacturing

1. Authorized Stormwater Discharges

The requirements in Sector C apply to stormwater discharges associated with industrial activity from Chemical and Allied Products Manufacturing facilities as identified by the industrial activity codes specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector C

Permittees under Sector C are primarily engaged in the following types of activities:

a. Industrial inorganic chemicals.

b. Plastic materials and synthetic resins, synthetic rubbers, and cellulosic and other human made fibers, except glass.

c. Soap and other detergents, including facilities producing glycerin from vegetable and animal fats and oils; specialty cleaning, polishing, and sanitation preparations.

d. Surface active preparations used as emulsifiers, wetting agents, and finishing agents, including sulfonated oils; and perfumes, cosmetics, and other toilet preparations.

e. Paints (in paste and ready-mixed form); varnishes; lacquers; enamels and shellac; putties, wood fillers, and sealers; paint and varnish removers; paint brush cleaners; and allied paint producers.

f. Industrial organic chemicals.

g. Industrial and household adhesives, glues, caulking compounds, sealants, and linoleum, tile, and rubber cements from vegetable, animal, or synthetic plastic materials; explosives; printing ink, including gravure, screen process, and lithographic inks; miscellaneous chemical preparations such as fatty acids, essential oils, gelatin (except vegetable), sizes, bluing, laundry soaps, writing and stamp pad ink, industrial compounds such as boiler and heat insulating compounds, and chemical supplies for foundries.

h. Ink and paints, including china painting enamels, India ink (a type of drawing ink), platinum paints for burnt wood or leather work, paints for china painting, artist’s paints and water colors.

i. Nitrogenous and phosphatic basic fertilizers, mixed fertilizers, pesticides, and other agricultural chemicals.

j. Medicinal chemicals and botanical products; pharmaceutical preparations in vitro and in vivo diagnostic substances; biological products, except diagnostic substances.

3. Limitations on Authorization

The following discharges are not authorized by this permit:

a. Non-stormwater discharges containing inks, paints, other hazardous or nonhazardous substances, etc. resulting from an on-site spill, including materials collected in drip pans.

b. Washwater from material handling and processing areas.

c. Washwater from drum, tank, or container rinsing and cleaning.

d. Discharges of runoff from coal yards and coal piles. The discharge of any coal yard and coal pile runoff is considered a wastewater and shall be regulated by a separate NPDES/SDS permit.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

In addition to the inspection requirements outlined in Part III.G., the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures (No additional requirements).

6. SWPPP Requirements.

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. Access roads, rail cars, and tracks.

2. Areas where substances are transferred in bulk.

3. Operating machinery.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following sources that have potential pollutants associated with them:

1. Outdoor storage of salt, pallets, coal, drums, containers.

2. Access roads, rail cars, and tracks.

3. Areas where the transfer of substances in bulk occurs.

4. Areas where machinery operates.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table C-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector C - Chemical and Allied Products Manufacturing. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent Limits
C1 Phosphate Subcategory of Agricultural Chemicals Phosphorus, Total (as P) Benchmark Monitoring Not Required 105 mg/L daily maximum
35 mg/L calendar month average
Fluoride, Total (as F) Benchmark Monitoring Not Required 75 mg/L daily maximum
25 mg/L calendar month average
C2 Agricultural Chemicals Lead, Total (as Pb) 0.164 mg/L 1 Effluent Monitoring Not Required
Iron, Total (as Fe) 1.0 mg/L Effluent Monitoring Not Required
Zinc, Total (as Zn) 0.234 mg/L 1 Effluent Monitoring Not Required
Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
Phosphorus, Total (as P) 1.0 mg/L Effluent Monitoring Not Required
C3 Industrial Inorganic Chemicals Aluminum, Total (as Al) 1.5 mg/L Effluent Monitoring Not Required
Iron, Total (as Fe) 1.0 mg/L Effluent Monitoring Not Required
Zinc, Total (as Zn) 0.234 mg/L 1 Effluent Monitoring Not Required
Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
C4 Soaps, Detergents, Cosmetics, Perfumes Zinc, Total (as Zn) 0.234 mg/L 1 Effluent Monitoring Not Required
Solids, Total Suspended (TSS) 100 mg/L 2
C5 Plastics, Synthetics, Resins Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
Zinc, Total (as Zn) 0.234 mg/L 1 Effluent Monitoring Not Required
BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L Effluent Monitoring Not Required
C6 Medicinal Chemicals and Botanical Products Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
C7 Ethanol Facilities Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L Effluent Monitoring Not Required

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector C industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

D. Asphalt Paving and Roofing Materials and Lubricant Manufacturing

1. Authorized Stormwater Discharges

The requirements in Sector D apply to stormwater discharges associated with industrial activity from asphalt paving and roofing materials and lubricant manufacturing facilities as identified by the industrial activity codes specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector D Permittees under Sector D are primarily engaged in the following types of activities:

a. Manufacturing asphalt paving mixtures blocks and roofing materials.

b. Stationary and portable asphalt plant facilities.

c. Manufacturing lubricating oils and greases and miscellaneous products of petroleum and coal.

3. Limitations on Authorization

The following industrial stormwater discharges associated with industrial activity are not authorized by this permit:

a. Discharges from petroleum refining facilities, including those that manufacture asphalt or asphalt products that are classified as SIC Code 2911.

b. Discharges from oil recycling facilities.

c. Discharges associated with fats and oils rendering.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Control Measures

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Control (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

1. The Permittee shall inspect the following areas: material storage and handling areas; liquid storage tanks, hoppers, and silos; vehicle and equipment maintenance, cleaning, and fueling areas; and material handling vehicles, equipment, and processing areas. Ensure that appropriate action is taken in response to the inspection by using follow-up procedures. Document in the SWPPP the inspections and follow up actions.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures (No additional requirements).

6. SWPPP Requirements (No Additional Requirements)

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table D-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector D - Asphalt Paving and Roofing Materials and Lubricant Manufacturing. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent Limits
D1 Asphalt Paving and Roofing Materials Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
D2 Discharges from Production of Asphalt Emulsions Areas Solids, Total Suspended (TSS) Benchmark Monitoring Not Required 23 mg/L daily maximum
15 mg/L calendar month average
pH Benchmark Monitoring Not Required 6.0 SU, instantaneous minimum 9.0 SU, instantaneous maximum
Oil & Grease, Total Benchmark Monitoring Not Required 15 mg/L daily maximum
10 mg/L calendar month average
D3 Miscellaneous Products of Petroleum and Coal Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector D industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

E. Glass, Clay, Cement, Concrete, and Gypsum Products

1. Authorized Stormwater Discharges

The requirements in Sector E apply to stormwater discharges associated with industrial activity from glass, clay, cement, concrete, and gypsum products facilities, as identified by the industrial activity codes specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector E Permittees under Sector E are primarily engaged in the following types of activities:

a. Flat glass.

b. Glass containers.

c. Pressed and blown glass.

d. Hydraulic cement.

e. Structural clay products, including tile and brick.

f. Pottery and related products, including porcelain electric supplies.

g. Concrete, gypsum, and plaster products.

h. Glass products made of purchased glass.

i. Cut stone and stone products.

j. Abrasives, asbestos products; and miscellaneous non metal mineral products, mineral wool and mineral wool insulation products.

k. Non-clay refractories.

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

The Permittee shall prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel), kiln dust, fly ash, or settled dust from paved portions of the facility that are exposed to stormwater. The Permittee shall determine the frequency of sweeping or equivalent by the amount of industrial activity occurring in the area and the frequency of exposure to stormwater, but it shall be performed at least once per week if cement, aggregate, kiln dust, fly ash, or settled dust are being handled or processed.

d. Inspections.

Dust collection and containment systems must be included in the facility inspections.

e. Preventive Maintenance.

For facilities producing ready-mix concrete, concrete block, brick, or similar products, the permittee shall include measures in the SWPPP to ensure that process wastewater resulting from washing trucks, mixers, transport buckets, forms, or other equipment are discharged in accordance with a separate applicable NPDES/SDS permit.

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify the following locations:

1. Bag house or other dust control device.

2. Recycle/sedimentation pond, clarifier, or other device used for the treatment of process wastewater.

3. The areas that drain to the treatment device.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources (No additional requirements).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table E-1, below

Sector-Specific Benchmark Values and Effluent Limitations: Sector E - Glass, Clay, Cement, Concrete and Gypsum Products. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent Limits
E1 Clay Products Manufacturers Aluminum, Total (as Al) 1.5 mg/L Effluent Monitoring Not Required
Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
E2 Concrete and Gypsum Product Manufacturers Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
Iron, Total (as Fe) 1.0 mg/L Effluent Monitoring Not Required
E3 Cement Manufacturing Facility, Material Storage Runoff Solids, Total Suspended (TSS) Benchmark Monitoring Not Required 50 mg/L daily maximum
pH Benchmark Monitoring Not Required 6.0 SU, instantaneous minimum 9.0 SU, instantaneous maximum
E4 Glass, Stone, Abrasive, and Asbestos Manufacturing. Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector E industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management

F. Primary Metals

1. Authorized Stormwater Discharges

The requirements in Sector F apply to stormwater discharges associated with industrial activity from primary metals, including products and manufacturing facilities, as identified by the industrial activity codes specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector F

Permittees under Sector F are primarily engaged in the following types of activities:

a. Steel works, blast furnaces, and rolling and finishing mills, including steel wire drawing and steel nails and spikes; cold-rolled steel sheet, strip, and bars; and steel pipes and tubes.

b. Iron and steel foundries, including gray and ductile iron, malleable iron, steel investment, and steel foundries, not elsewhere classified.

c. Primary smelting and refining of nonferrous metals, including primary smelting and refining of copper, and primary production of aluminum.

d. Secondary smelting and refining of nonferrous metals.

e. Rolling, drawing, and extruding of nonferrous metals, including rolling, drawing, and extruding of copper; rolling, drawing, and extruding of nonferrous metals except copper and aluminum; and drawing and insulating of nonferrous wire.

f. Nonferrous foundries (castings), including aluminum die-casting, nonferrous die-casting except aluminum, aluminum foundries, copper foundries, and nonferrous foundries except copper and aluminum.

g. Miscellaneous primary metal products, not elsewhere classified, including metal heat treating and primary metal products not elsewhere classified.

Activities covered include but are not limited to stormwater discharges associated with cooking operations, sintering plants, blast furnaces, smelting operations, rolling mills, casting operations, heat treating, extruding, drawing, or forging all types of ferrous and nonferrous metals, scrap, and ore.

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

The Permittee shall include a cleaning and maintenance program for all impervious areas of the facility where particulate matter, dust, or debris may accumulate, especially areas where material loading and unloading, storage, handling, and processing occur. The Permittee shall also implement a cleaning program which includes regular sweeping for paved areas where vehicle traffic or material storage occur but where vegetative or other stabilization methods are not practicable. For unstabilized areas where sweeping is not practicable, the Permittee shall choose alternative stormwater management devices that effectively trap or remove sediment.

d. Inspections.

1. The Permittee shall conduct inspections addressing air pollution control equipment (e.g. baghouses, electrostatic precipitators, scrubbers, and cyclones) for any signs of degradation (e.g. leaks, corrosion, or improper operation) that could limit efficiency and lead to excessive emissions. The Permittee shall monitor air flow at inlets and outlets (or use equivalent measures) to check for leaks (e.g. particulate deposition) or blockage in ducts. Also inspect all process and material handling equipment (e.g. conveyors, cranes, and vehicles) for leaks, drips, or the potential loss of material.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where the following activities may be exposed to stormwater:

1. Storage or disposal of wastes such as spent solvents and baths, sand, slag and dross.

2. Pollution control equipment (e.g. baghouses).

3. Coal, coke, scrap, sand, fluxes, refractories, or metal in any form. In addition, indicate where an accumulation of significant amounts of particulate matter could occur from such sources as furnace or oven emissions and losses from coal and coke handling operations.

b. Inventory of Exposed Material.

The Permittee shall include in the inventory of materials, areas where deposition of particulate matter from process air emissions or losses during material-handling activities are possible.

c. Potential Pollutant Sources (No additional requirements).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table F-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector F - Primary metals. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
F1 Steel Works, Blast Furnaces, and Rolling and Finishing Mills Aluminum, Total (as Al) 1.5 mg/L
Zinc, Total (as Zn) 0.234 mg/L 1
Solids, Total Suspended (TSS) 100 mg/L 2
F2 Iron and Steel Foundries Aluminum, Total (as Al) 1.5 mg/L
Copper, Total (as Cu) 0.028 mg/L 1
Iron, Total (as Fe) 1.0 mg/L
Zinc, Total (as Zn) 0.234 mg/L 1
Solids, Total Suspended (TSS) 100 mg/L 2
F3 Rolling, Drawing, and Extruding of Nonferrous Metals Copper, Total (as Cu) 0.028 mg/L 1
Zinc, Total (as Zn) 0.234 mg/L 1
Solids, Total Suspended (TSS) 100 mg/L 2
F4 Nonferrous Foundries Copper, Total (as Cu) 0.028 mg/L 1
Zinc, Total (as Zn) 0.234 mg/L 1
Solids, Total Suspended (TSS) 100 mg/L 2
F5 Primary & Secondary Smelting and Refining of Nonferrous Metals and Miscellaneous Primary Metal Products Solids, Total Suspended (TSS) 100 mg/L 2

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector F industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

G. Metal Mining (Ore Mining and Dressing)

1. Authorized Stormwater Discharges

The requirements in Sector G apply to stormwater discharges associated with industrial activity from metal mining facilities as identified by the industrial activity code specified in Table 5 of Appendix D, including mines abandoned on Public lands on or after August 25, 1980, discharges from inactive facilities, and mining sites undergoing reclamation. Coverage is required for metal mining facilities that discharge stormwater contaminated by contact with, or that has come in contact with, any overburden, raw material, intermediate product, finished product, byproduct, or waste product located on the site of the operation.

Discharges from the following areas are authorized for active and temporarily inactive facilities:

a. Discharges from waste rock and overburden piles if composed entirely of stormwater and not combining with mine drainage.

b. Topsoil piles.

c. Off-site haul and access roads.

d. On-site haul and access roads constructed of waste rock, overburden, or spent ore if discharge is composed entirely of stormwater and not combined with mine drainage.

e. On-site haul and access roads not constructed of waste rock, overburden, or spent ore except if mine drainage is used for dust control.

f. Runoff from tailings dams or dikes when not constructed of waste rock or tailings and no process fluids are present.

g. Runoff from tailings dams or dikes when constructed of waste rock or tailings and no process fluids are present, if composed entirely of stormwater and not combined with mine drainage.

h. Concentration building if no contact with material piles.

i. Mill site if no contact with material piles.

j. Office or administrative building and housing if mixed with stormwater from industrial area.

k. Chemical storage area.

l. Docking facility if no excessive contact with waste product that would otherwise constitute mine drainage.

m. Explosive storage.

n. Fuel storage.

o. Vehicle and equipment maintenance area and building.

p. Power plant.

q. Truck wash areas if no excessive contact with waste product that would otherwise constitute mine drainage.

r. Unreclaimed, disturbed areas outside of active mining area.

s. Partially or inadequately reclaimed areas or areas not released from reclamation requirements.

2. Industrial Activities Authorized by Sector G Permittees under Sector G are primarily engaged in the following types of activities:

a. Mining of ores.

b. Ore dressing and beneficiating, whether performed at co-located, dedicated mills, or at separate (e.g. custom) mills.

c. Reclamation of mining sites.

3. Limitations on Authorization Discharges not authorized by this permit:

a. Discharges from active metal mining facilities that are subject to effluent limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR pt. 440). Discharges that come in contact with overburden or waste rock are subject to 40 CFR pt. 440, and are therefore not authorized under this permit, provided that the discharges drain to a point source (either naturally or as a result of intentional diversion) and they combine with “mine drainage” that is otherwise regulated under the Part 440 regulations. Discharges from overburden or waste rock can be covered under this permit if they are composed entirely of stormwater, do not combine with sources of mine drainage that are subject to 40 CFR pt. 440, and meet other eligibility criteria contained in Part I.A.

b. Discharges from exploration sites and land disturbance activities that are conducted to determine the viability of ore extraction and the construction of infrastructure prior to ore extraction, including the building of site access roads and removal of overburden and waste rock, and are not covered by an active mining permit issued by the applicable State or Federal agency. These discharges do not require an NPDES/SDS industrial stormwater permit. Discharges from these areas which disturb greater than one acre are covered by the General Stormwater Permit for Construction Activity.

c. Acid drainage and contaminated springs or seeps. Contaminated seeps and springs discharging from waste rock dumps that do not directly result from precipitation events are not authorized by this permit (see also the standard Limitations on Authorization in Part I.B).

d. Closed or abandoned mine sites where disturbances associated with extraction, beneficiation, or processing of mined materials took place prior to August 25, 1980, and where extraction, beneficiation or processing activities have not taken place after August 25, 1980, are not considered either active or inactive mining facilities and do not require an NPDES/SDS industrial stormwater permit.

e. Sites where mining claims are being maintained prior to disturbances associated with extraction, beneficiation, or processing of mined materials and sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim are not considered either active or inactive mining facilities and do not require an NPDES industrial stormwater permit.

4. Sector-Specific Definitions

The following definitions do not supersede the definitions of active and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii):

a. Reclamation - activities undertaken, in compliance with applicable mined land reclamation requirements, following cessation of the activities associated with extraction through production of a salable product, intended to return the land to an appropriate post-mining land use in order to meet applicable Federal and State reclamation requirements.

b. Active metal mining facility -a place where work or other activity related to the extraction, removal, or recovery of metal ore is being conducted. For surface mines, this definition does not include any land where grading has returned the earth to a desired contour and reclamation has begun. This definition is derived from the definition of “active mining area” found at 40 CFR pt. 440.132(a).

c. Inactive metal mining facility -a site or portion of a site where metal mining and/or milling occurred in the past but is not an active facility as defined above, and where the inactive portion is not covered by an active mining permit issued by the applicable State or Federal agency. An inactive metal mining facility has an identifiable Owner/Operator.

d. Temporarily inactive metal mining facility -a site or portion of a site where metal mining and/or milling occurred in the past but currently are not being actively undertaken, and the facility is covered by an active mining permit issued by the applicable State or Federal agency.

5. Stormwater Controls

a. Employee Training.

The Permittee shall conduct training at active and temporarily inactive sites. All training regardless of site type shall be documented in the facility’s SWPPP.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

The Permittee shall conduct site inspections in accordance with Part III.G, of the permit. If the facility is inactive and unstaffed, temporarily inactive and unstaffed as defined above, or is a site undergoing reclamation, the Permittee is waived from the requirement to conduct monthly facility inspections in Part III.G.1. The Permittee shall inspect the site when the Permittee has reason to believe that severe weather or natural disasters may have damaged stormwater control measures or increased discharges.

If circumstances change and the facility becomes active and/or staffed, this exception no longer applies and compliance with monthly inspection requirements in accordance with Part III.G.1 shall begin immediately.

The Agency retains the authority to revoke this waiver where it is determined that the discharge causes, has a reasonable potential to cause, or contributes to an in-stream excursion above an applicable water quality standard, including designated uses.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff.

If treatment of stormwater (e.g. chemical or physical systems, oil and water separators, artificial wetlands) is necessary to protect water quality, describe the type and location of treatment used. Passive and/or active treatment of stormwater runoff is encouraged where practicable. Treated runoff may be discharged as a stormwater source regulated under this permit provided the discharge is not combined with discharges subject to effluent limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR pt. 440).

h. Other Industry specific Controls Measures.

When capping is necessary to minimize pollutant discharges in stormwater, identify the source being capped and the material used to construct the cap.

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall document in the SWPPP the locations of the following (as appropriate):

1. Mining or milling site boundaries.

2. Access and haul roads.

3. Outline of the drainage areas of each monitoring location within the facility with indications of the types of discharges from the drainage areas.

4. Location(s) of all permitted discharges covered under an individual NPDES/SDS permit, outdoor equipment storage, fueling, and maintenance areas.

5. Materials handling areas.

6. Outdoor manufacturing, outdoor storage, and material disposal areas.

7. Outdoor chemicals and explosives storage areas.

8. Overburden, materials, soils, or waste storage areas.

9. Location of mine drainage (where water leaves mine) or other process water.

10. Tailings piles and ponds (including those proposed).

11. Heap leach pads.

12. Off-site points of discharge for mine drainage and process water.

13. Surface waters.

14. Boundary of tributary areas that are subject to effluent limitations guidelines.

15. Location(s) of sites undergoing reclamation and reclaimed areas.

b. Inventory of Exposed Materials.

The Permittee shall document in the SWPPP the mining and associated activities that can potentially affect stormwater, including a general description of the location of the site relative to major transportation routes and communities.

c. Potential Pollutant Sources.

For each area of the mine or mill site where stormwater discharges associated with industrial activities occur, the Permittee shall identify the types of pollutants (e.g. heavy metals, sediment) likely to be present in significant amounts. The Permittee shall consider the following factors:

1. The mineralogy of the ore and waste rock (e.g. acid forming).

2. Toxicity and quantity of chemicals used, produced, or discharged.

3. The likelihood of contact with stormwater.

4. Vegetation of site (if any).

5. History of significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any existing ore or waste rock or overburden characterization data and test results for potential generation of acid rock. If any new data is acquired due to changes in ore type being mined, the Permittee shall update the SWPPP with this information.

d. Description of Stormwater Controls.

The Permittee shall document all control measures that are implemented consistent with Part 5. If control measures are implemented or planned but are not listed in Part 5, above, the Permittee shall include descriptions of these controls in the SWPPP.

7. Monitoring and Reporting Requirements

a. Monitoring and reporting requirements in this part do not apply to unstaffed inactive and temporarily inactive facilities or sites undergoing reclamation.

b. In accordance with the benchmark monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table G-1, below.

Sector-Specific Benchmark Values and Effluent Limitations: Sector - G-1. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
G1 Active Copper Ore Mining, Dressing Facilities Solids, Total Suspended (TSS) 100 mg/L 3
Nitrite Plus Nitrate-Nitrogen, Total (as N) 0.68 mg/L
COD (Chemical Oxygen Demand) 120 mg/L


c. In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table G-2. The Permittee may be notified by the Agency that additional monitoring must be conducted to accurately characterize the quality and quantity of pollutants discharged from waste rock and overburden piles.

Sector-Specific Benchmark Values and Effluent Limitations: Sector - G-2. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
G2 Active Metal Mining Facilitiess Solids, Total Suspended (TSS) 100 mg/L 3
pH 4 6.0-9.0 SU
Hardness, Calcium & Magnesium, Calculated (as CaCO3)1 no benchmark value
Antimony, Total (as Sb) 0.18 mg/L
Arsenic, Total (as As) 0.680 mg/L
Cadmium, Total (as Cd) 1 0.0078 mg/L 2
Copper, Total (as Cu) 1 0.028 mg/L 2
Iron, Total (as Fe) 1.0 mg/L
Lead, Total (as Pb) 1 0.164 mg/L 2
Nickel, Total (as Ni) 1 0.938 mg/L 2
Selenium, Total (as Se) 0.040 mg/L
Silver, Total (as Ag) 1 0.0041 mg/L 2
Zinc, Total (as Zn) 1 0.234 mg/L 2

1The benchmark values of some metals are dependent on water hardness. For these parameters, the Permittee shall determine the hardness of the receiving water to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2Values given are for total hardness of 100 mg/L only.
3If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
4For purposes of benchmark pH monitoring, the Permittee is required to report instantaneous results only, and not a calculation of pH averages. pH measurements are logarithmic, and the Agency will be performing a logarithmic average for this parameter using the instantaneous results submitted.


Sector-Specific Benchmark Values and Effluent Limitations: Sector - G-3. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Discharge/Source of Discharge Note/Comment
Piles
Waste rock/overburden If composed entirely of stormwater and not combining with mine drainage. See note below.
Topsoil No additional comments
Roads constructed of waste rock or spent ore
On-site haul roads If composed entirely of stormwater and not combining with mine drainage. See note below.
Off-site haul and access roads No additional comments
Roads not constructed of waste rock or spent ore
On-site haul roads Except if mine drainage is used for dust control
Off-site haul and access roads No additional comments
Ore Processing/Plant Site
Runoff from tailings dams and dikes when constructed of waste rock/tailings Except if process fluids are present and only if composed entirely of stormwater and not combining with mine drainage. See note below.
Runoff from tailings dams/dikes when not constructed of waste rock and tailings Except if process fluids are present
Concentration building If stormwater only and no contact with piles
Mill site/pellet plant If stormwater only and no contact with piles
Ancillary areas
Office and administrative building and housing If mixed with stormwater from the industrial area
Chemical storage area No additional comments
Docking facility Except if excessive contact with waste product that would otherwise constitute mine drainage
Explosive storage No additional comments
Fuel storage (oil tanks/coal piles) No additional comments
Vehicle and equipment maintenance area/building No additional comments
Parking areas But coverage unnecessary if only employee and visitor-type parking
Power plant
Truck wash area Except when excessive contact with waste product that would otherwise constitute mine drainage
Reclamation-related areas
Any disturbed area (unreclaimed) Any disturbed area (unreclaimed)
Partially/inadequately reclaimed areas or areas not released from reclamation requirements No additional comments

Note: Stormwater runoff from these sources is subject to the NPDES program for stormwater unless mixed with discharges subject to 40 CFR pt. 440 that are regulated by another permit prior to mixing. Non-stormwater discharges from these sources are subject to NPDES/SDS permitting and may be subject to the effluent limitation guidelines under 40 CFR pt. 440. Discharges from overburden/waste rock and overburden/waste rock-related areas are not subject to 40 CFR pt. 440 unless: (1) it drains naturally (or is intentionally diverted) to a point source; and (2) combines with “mine drainage” that is otherwise regulated under the Part 440 regulations. For such sources, coverage under this permit would be available if the discharge composed entirely of stormwater does not combine with other sources of mine drainage that are not subject to 40 CFR pt. 440, as well as meeting other eligibility criteria contained in Part I of the permit. Permit applicants bear the initial responsibility for determining the applicable technology-based standard for such discharges.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector G industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

9. Termination of Permit Coverage

A site or a portion of a site that has been released from applicable state or federal reclamation requirements on or after August 25, 1980, is no longer required to maintain coverage under this permit, provided that the covered stormwater discharges do not have the potential to cause or contribute to violations of state water quality standards.

H. Coal Mines and Coal Mining-Related Facilities

1. Authorized Stormwater Discharges

The requirements in Sector H apply to stormwater discharges associated with industrial activity from coal mines and coal mining-related facilities as identified by the SIC codes specified under Sector H in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector H Permittees under Sector H are primarily engaged in the following types of activities:

a. Haul roads (non-public roads on which coal or coal refuse is conveyed).

b. Access roads (non-public roads providing light vehicular traffic within the facility property and to public roadways).

c. Railroad spurs, siding, and internal haulage lines (rail lines used for hauling coal within the facility property and to off-site commercial railroad lines or loading areas).

d. Conveyor belts, chutes, and aerial tramway haulage areas (areas under and around coal or refuse conveyer areas, including transfer stations).

e. Equipment storage and maintenance yards, coal handling buildings and structures, and inactive coal mines and related areas (abandoned and other inactive mines, refuse disposal sites, and other mining-related areas).

3. Limitations on Authorization

Discharges not authorized by this permit:

a. Discharges from pollutant seeps or underground drainage from inactive coal mines and refuse disposal areas that do not result from precipitation events, and discharges from floor drains in maintenance buildings and other similar drains in mining and preparation plant areas.

b. Stormwater discharges subject to an existing effluent limitation guideline at 40 CFR pt. 434.

4. Sector-Specific Definitions

The following definitions do not supersede the definitions of active and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).

a. Reclamation - activities undertaken in compliance with applicable mined land reclamation requirements following cessation of the activities associated with extraction, removal, or recovery of coal intended to return the land to an appropriate post-mining land use in order to meet applicable Federal and State reclamation requirements.

b. Active coal mining facility - is a place where work or other activity related to the extraction, removal, or recovery of coal is being conducted. For surface mines, this definition does not include any land where grading has returned the earth to a desired contour and reclamation has begun. This definition is derived from the definition of “active mining area” found at 40 CFR 440.132(a).

c. Inactive metal mining facility – a site or portion of a site where metal mining and/or milling occurred in the past but is not an active facility as defined above, and where the inactive portion is not covered by an active mining permit issued by the applicable State or Federal agency. An inactive metal mining facility has an identifiable Owner/Operator.

d. Temporarily inactive metal mining facility -a site or portion of a site where metal mining and/or milling occurred in the past but currently are not being actively undertaken, and the facility is covered by an active mining permit issued by the applicable State or Federal agency.

5. Stormwater Controls

a. Employee Training.

As part of the employee training program, the Permittee shall address the following activities: use of reused and recycled waters, solvents management, proper disposal of dyes, and proper disposal of petroleum products and spent lubricants.

b. Erosion and Sedimentation Controls.

Surface Mining Control and Reclamation Act (SMCRA) requirements regarding sediment and erosion control measures are primary requirements of the SWPPP for mining-related areas subject to SMCRA authority.

c. Good Housekeeping.

The Permittee shall use sweepers and covered storage, water haul roads to minimize dust generation, and conserve vegetation to minimize erosion.

d. Inspections.

1. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

2. For active mining-related areas and inactive areas under SMCRA Bond Authority, the Permittee shall perform quarterly inspections, corresponding with the inspections performed by SMCRA inspectors, of all mining-related areas required by SMCRA. Also maintain the records of the SMCRA authority representative.

3. The Permittee shall perform inspections or other equivalent measures of storage tanks and pressure lines of fuels, lubricants, hydraulic fluid, and slurry to prevent leaks due to deterioration or faulty connections.

e. Preventive maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of runoff (No additional requirements).

h. Other Industry Specific Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. All applicable mining-related areas.

2. Acidic spoil, refuse, or unreclaimed disturbed areas.

3. Liquid storage tanks containing pollutants such as caustics, hydraulic fluids, and lubricants.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following sources that have potential pollutants associated with them:

1. Truck traffic on haul roads and resulting generation of sediment subject to runoff and dust generation.

2. Fuel or other liquid storage.

3. Pressure lines containing slurry, hydraulic fluid, or other potential harmful liquids.

4. Loading or temporary storage of acidic refuse or spoil.

d. Description of Stormwater Controls.

Most active coal mining-related areas (SIC Codes 1221- 1241) are subject to sediment and erosion control regulations of the U.S. Office of Surface Mining (OSM) that enforces the Surface Mining Control and Reclamation Act (SMCRA). OSM has granted authority to most coal-producing states to implement SMCRA through State SMCRA regulations. All SMCRA requirements regarding control of stormwater-related pollutant discharges shall be addressed in the SWPPP.

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Parts V, the Permittee shall monitor the applicable parameters in Table H-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - H. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
H1 Coal Mines and Related Area Solids, Total Suspended (TSS) 100 mg/L 1
Aluminum, Total (as Al) 1.5 mg/L
Iron, Total (as Fe) 1.0 mg/L
pH 2 6.0-9.0 SU

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
2For purposes of benchmark pH monitoring, the Permittee is required to report instantaneous results only, and not a calculation of pH averages. pH measurements are logarithmic, and the Agency will be performing a logarithmic average for this parameter using the instantaneous results submitted.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector H industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management

I. Oil and Gas Extraction and Refining

1. Authorized Stormwater Discharges

The requirements in Sector I apply to stormwater discharges associated with industrial activity from Oil and Gas Extraction facilities as identified by the industrial activity codes specified in Table 5 of Appendix D.

2. Industrial Activities Authorized By Sector I Permittees under Sector I are primarily engaged in the following types of activities:

a. Production of crude petroleum and natural gas.

b. Natural gas liquids.

c. Oil and gas field exploration services.

d. Drilling oil and gas wells.

e. Petroleum refining.

3. Limitations on Authorization

This permit does not authorize stormwater discharges from petroleum drilling operations that are subject to nationally established effluent limitation guidelines found at 40 CFR pt. 435, respectively.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Control (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

1. The Permittee shall inspect equipment and vehicles that store, mix (including all on- and offsite mixing tanks), or transport chemicals or hazardous materials (including those transporting supplies to oil field activities).

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater from chemical mixing areas, and take measures necessary to prevent discharges of stormwater that have contacted wastewater pollutants from any sources associated with production, field exploration, drilling, well completion, or well treatment (i.e. produced water, drilling muds, drill cuttings, and produced sand).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. Locations used for the treatment, storage, or disposal of wastes.

2. Chemical mixing areas.

3. Construction and drilling areas.

4. All areas subject to the effluent guidelines requirements for “No Discharge” in accordance with 40 CFR 435.32.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources. The Permittee shall describe the following sources that have pollution potential:

1. Chemical, cement, mud, or gel mixing activities.

2. Drilling or mining activities.

3. Equipment rehabilitation activities.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table I-1, below

Sector-Specific Benchmark Values and Effluent Limitations: Sector - I. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
I1 Oil and Gas Extraction Solids, Total Suspended (TSS) 100 mg/L 2
pH 3 100 mg/L 2
I2 Oil Refining Solids, Total Suspended (TSS) 100 mg/L 2
Zinc, Total (as Zn) 0.234 mg/L 1
Nitrogen, Ammonia, Total (as N) 2.8 mg/L

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
3For purposes of benchmark pH monitoring, the Permittee is required to report instantaneous results only, and not a calculation of pH averages. pH measurements are logarithmic, and the Agency will be performing a logarithmic average for this parameter using the instantaneous results submitted.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector I industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

J. Mineral Mining and Dressing

1. Authorized Stormwater Discharges

The requirements in Sector J apply to stormwater discharges associated with industrial activity from active, temporarily inactive and inactive mineral mining and dressing facilities, and mining sites undergoing reclamation as identified by the industrial activity codes specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector J

Permittees under Sector J are primarily engaged in the following types of activities:

a. Mining of minerals.

b. Mineral dressing and non-metallic mineral services.

c. Reclamation of mining sites.

3. Limitations on Authorization

Discharges not authorized by this permit:

1. Dewatering of mine or quarry areas.

<p>2. Discharges from exploration sites and land disturbance activities to determine the financial viability of a site and construction of infrastructure prior to mineral extraction, including the building of site access roads and removal of overburden and waste rock to expose minerals and are not covered by an active mining permit issued by the applicable State or Federal agency. These discharges do not require an NPDES industrial stormwater permit. Discharges from these areas which disturb greater than one acre are covered by the General Stormwater Permit for Construction Activity.

a. Closed mineral mining sites where disturbances associated with extraction, removal or recovery of minerals took place prior to September 30, 1992, and where extraction, removal or recovery activities have not taken place on or after September 30, 1992 are not considered either active or inactive mineral mining facilities and do not require an NPDES/SDS industrial stormwater permit.

b. Sites where mineral mining claims are being maintained prior to disturbances associated with extraction, removal, or recovery of minerals and sites where minimal activities are undertaken for the sole purpose of maintaining a mineral mining claim are not considered either active or inactive mining facilities and do not require an NPDES/SDS industrial stormwater permit.

4. Sector-Specific Definitions

The following definitions are not intended to supersede the definitions of active and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).

a. Reclamation – activities undertaken in compliance with applicable mined land reclamation requirements following the cessation of activities associated with extraction, removal and recovery of minerals, intended to return the land to an appropriate post-mining land use.

b. Active Mineral Mining Facility - a place where work or other activity related to the extraction, removal, or recovery of minerals is being conducted. For surface mines, this definition does not include any land where grading has returned the earth to desired contour and reclamation has begun. This definition is derived from the definition of “active mining area” found at 40 CFR pt. 440.132(a).

c. Inactive Mineral Mining Facility - a site or portion of a site where mineral mining and/or milling occurred in the past but is not an active facility as defined above, and where the inactive portion is not covered by an active mining permit issued by the applicable State or Federal agency. An inactive metal mining facility has an identifiable Owner/Operator.

d. Temporarily Inactive Mineral Mining Facility - a site or portion of a site where mineral mining and/or milling occurred in the past but currently are not being actively undertaken, and the facility is covered by an active mining permit issued by the applicable State or Federal agency.

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Control.

The Permittee shall implement sediment control on all down-gradient perimeters before any up-gradient land disturbing activities begin. Use a range of erosion controls within the broad categories of: flow diversion (e.g. swales); stabilization (e.g. temporary or permanent seeding); and structural controls (e.g. sediment traps, dikes, silt fences). The timing of the installation of sediment control practices may be adjusted to accommodate short-term activities.

c. Good Housekeeping (No additional requirements).

d. Inspections.

If a facility is inactive and unstaffed, the Permittee is waived from the requirement to conduct monthly facility inspections under Part III.G.1 and may conduct semi-annual inspections. This waived requirement only applies to Sector J activities; all other sector activities are subject to Part III.G.2.

<p>e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures (No additional requirements).

6. SWPPP Requirements

The SWPPP requirements are applicable for active mineral mining facilities, inactive mining facilities, temporarily inactive mineral mining facilities, temporarily inactive mineral mining facilities, and sites undergoing reclamation. In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify the following locations:

1. Mining or milling site boundaries.

2. Access and haul roads.

3. Outline of the drainage areas of each monitoring location within the facility with indications of the types of discharges from the drainage areas.

4. Location(s) of all permitted discharges covered under a separate NPDES permit.

5. Outdoor equipment storage, fueling, and maintenance areas.

6. Materials handling areas.

7. Outdoor manufacturing, outdoor storage, and material disposal areas.

8. Outdoor chemicals and explosives storage areas.

9. Overburden, materials, soils, or waste storage areas.

10. Location of mine drainage dewatering or other process water.

11. Heap leach pads.

12. Surface waters.

13. Boundary of tributary areas that are subject to effluent limitations guidelines.

14. Location(s) of reclaimed areas.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

1. For each area of the mine or mill site where stormwater discharges associated with industrial activities occur, the Permittee shall identify the types of pollutants (e.g. heavy metals, sediment) likely to be present in significant amounts. Evaluate the following factors in the identification of pollutants:

a. The mineralogy of the waste rock (e.g. acid forming).

b. Toxicity and quantity of chemicals used, produced, or discharged.

c. The likelihood of contact with stormwater.

d. Vegetation of site (if any).

e. History of significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any existing waste rock or overburden characterization data and test results for potential generation of acid rock.

2. The Permittee shall describe the mining and associated activities that can affect the stormwater discharges covered by this permit, including a general description of the location of the site relative to major transportation routes and communities.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table J-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - J. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent Limits
J1 - Sand and Gravel Mining Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
J2 - Dimension, Crushed Stone, Nonmetallic Minerals Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
J3 - Clay, Ceramic, Refractory Materials, Chemical and Fertilizer Mineral Mining Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
J4 - Mine dewatering discharges at construction sand and gravel, or industrial sand mining facilities (SIC codes 1442 and 1446) Solids, Total Suspended (TSS) Benchmark Monitoring Not Required Construction Sand and Gravel Mining Facilities: 25 mg/L calendar month average Industrial Sand Mining Facilities 45 mg/L daily maximum
pH Benchmark Monitoring Not Required 6.5 SU, instantaneous minimum 8.5 SU, instantaneous maximum

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector J industrial facilities are authorized to use infiltration devices or industrial stormwater ponds for stormwater management.

9. Termination of Permit Coverage

A site or a portion of a site that has been released from applicable county, state, or federal reclamation requirements after September 30, 1992, is no longer required to maintain coverage under this permit, provided that the covered stormwater discharges do not have the potential to cause or contribute to violations of state water quality standards. If the site or portion of a site reclaimed after September 30, 1992, was not subject to reclamation requirements, the site or portion of the site is no longer required to maintain coverage under this permit if the site or portion of the site has been reclaimed. A site or portion of a site is considered to have been reclaimed if:

a. Raw materials, intermediate byproducts, finished products, and waste products do not have the potential to cause or contribute pollutants to stormwater discharges.

b. The drainage ways that leave the site are stabilized to prevent erosion with riprap or other protective material.

c. The soil disturbing activities at the site are completed and all soils are stabilized by a uniform perennial vegetative cover with a density of 70 percent over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions.

d. The drainage ditches constructed to drain water from the site are stabilized to preclude erosion.

e. The temporary synthetic and structural erosion prevention and sediment control BMPs are removed.

f. The Permittee cleans out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins; sediment must be stabilized to prevent it from being washed back into the basin, conveyances or drainage-ways discharging off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity.

g. The Permittee installs permanent stormwater treatment for new impervious surfaces created as a result of the activities covered by this permit. The permanent stormwater treatment must be designed for 0.5 inches of runoff from all created impervious surfaces.

h. Other BMPs as necessary are implemented so as to prevent erosion from the site excavation areas and stockpiles that have been used by the Permittee.

K. Hazardous Waste Treatment, Storage, or Disposal Facilities

1. Authorized Stormwater Discharges

The requirements in Sector K apply to stormwater discharges associated with industrial activity from hazardous waste treatment, storage, or disposal facilities (TSDFs) as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector K

Permittees under Sector K are primarily engaged in treating, storing, or disposing of hazardous wastes, including those that are operating under interim status or a permit under Subtitle C of RCRA.

3. Limitations on Authorization

The following discharges are not authorized by this permit:

a. Hazardous waste landfill wastewaters, sanitary wastewater, contaminated groundwater, wastewater from recovery pumping wells, leachate, gas collection condensate, drained free liquids, contaminated ground water, laboratory-derived wastewater, and contact washwater from washing truck and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility.

b. Contaminated stormwater from hazardous waste landfills is regulated pursuant to 40 CFR pt. 445, subp. A. These numeric limitations (effluent limitation guidelines) apply to contaminated stormwater discharges from hazardous waste landfills subject to the provisions of RCRA Subtitle C at 40 CFR pts. 264 (Subp. N) and 265 (Subp. N).

4. Sector-Specific Definitions

a. Contaminated stormwater -as defined in 40 CFR pt. 445 (Landfills Point Source Category) is stormwater that comes in direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in K.4.e of this Part. Some specific areas of a landfill that may produce contaminated stormwater include, but are not limited to, the open face of an active landfill with exposed waste (no cover added); the areas around wastewater treatment operations; trucks, equipment, or machinery that has been in direct contact with the waste; and waste dumping areas.

b. Drained free liquids -aqueous wastes drained from waste containers (e.g. drums) prior to landfilling.

c. Land treatment facility - a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are considered disposal facilities if the waste will remain after closure.

d. Landfill -an area of land or an excavation in which wastes are placed for permanent disposal, but that is not a land application or land treatment unit, surface impoundment, underground injection well, waste pile, salt dome formation, salt bed formation, underground mine, or cave as these terms are defined in 40 CFR 257.2, 258.2, and 260.10.

e. Landfill wastewater -as defined in 40 CFR pt. 445 (Landfills Point Source Category) all wastewater associated with, or produced by, landfilling activities except for sanitary wastewater, non-contaminated stormwater, contaminated groundwater, and wastewater from recovery pumping wells. Landfill wastewater includes, but is not limited to, leachate, gas collection condensate, drained free liquids, laboratory derived wastewater, contaminated stormwater, and contact washwater from washing truck, equipment, and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility.

f. Leachate -liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste as defined in 40 CFR 257.

g. Non-contaminated stormwater -as defined in 40 CFR pt. 445 (Landfills Point Source Category) is stormwater that does not come into contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in K.4.e of this Part. Non-contaminated stormwater includes stormwater that flows off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill.

h. Pile -any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building as defined in 40 CFR 260.10 .

i. Surface impoundment -a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well. Examples of surface impoundments are holding storage, settling, and aeration pits, ponds, and lagoons as defined in 40 CFR pt. 257.

5. Stormwater Controls (No Additional Requirements)

6. SWPPP Requirements (No Additional Requirements)

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table K-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - K. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent Limits
K1 Industrial Activity Code HZ. Benchmark Parameters Only Applicable To Discharges Not Subject To Effluent Limitations In 40 CFR Part 445 Subpart A Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
Nitrogen, Ammonia, Total (as N) 2.8 mg/L Effluent Monitoring Not Required
COD (Chemical Oxygen Demand) 120 mg/L Effluent Monitoring Not Required
BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L Effluent Monitoring Not Required
Lead, Total (as Pb) 0.164 mg/L 1 Effluent Monitoring Not Required
Arsenic, Total (as As) 0.680 mg/L Effluent Monitoring Not Required
Cadmium, Total (as Cd) 0.0078 mg/L 1 Effluent Monitoring Not Required
Zinc, Total (as Zn) 0.234 mg/L 1 Effluent Monitoring Not Required
Chromium, Total (as Cr) 3.5 mg/L 1 Effluent Monitoring Not Required
pH 6.0-9.0 SU 4 Effluent Monitoring Not Required
Cyanide, Total (as CN) 0.045 mg/L Effluent Monitoring Not Required
Selenium, Total (as Se) 0.040 mg/L Effluent Monitoring Not Required
Silver, Total (as Ag) 0.0041 mg/L 1 Effluent Monitoring Not Required
K23 Discharges From Hazardous Waste Landfills Subject To Effluent Limitations In 40 CFR Part 445 Subpart A Solids, Total Suspended (TSS) Benchmark Monitoring Not Required 88 mg/L daily maximum
27 mg/L calendar month average
Nitrogen, Ammonia, Total (as N) Benchmark Monitoring Not Required 10 mg/L daily maximum
4.9 mg/L calendar month average
BOD, Carbonaceous 05 Day (20 Deg C) Benchmark Monitoring Not Required 220 mg/L daily maximum
56 mg/L calendar month average
Arsenic, Total (as As) Benchmark Monitoring Not Required 1.1 mg/L daily maximum
0.54 mg/L calendar month average
Phenol Benchmark Monitoring Not Required 0.048 mg/L daily maximum
0.029 mg/L calendar month average
Zinc, Total (as Zn) Benchmark Monitoring Not Required 0.535 mg/L daily maximum
0.296 mg/L calendar month average
Chromium, Total (as Cr) Benchmark Monitoring Not Required 1.1 mg/L daily maximum
0.46 mg/L calendar month average
pH Benchmark Monitoring Not Required 6.0 SU, instantaneous minimum 9.0 SU, instantaneous maximum
Alpha-Terpineol Benchmark Monitoring Not Required 0.042 mg/L daily maximum
0.019 mg/L calendar month average
Aniline Benchmark Monitoring Not Required 0.024 mg/L daily maximum
0.015 mg/L calendar month average
Benzoic Acid Benchmark Monitoring Not Required 0.119 mg/L daily maximum
0.073 mg/L calendar month average
Naphthalene Benchmark Monitoring Not Required 0.059 mg/L daily maximum
0.022 mg/L calendar month average
p-Cresol Benchmark Monitoring Not Required 0.024 mg/L daily maximum
0.015 mg/L calendar month average
Pyridine Benchmark Monitoring Not Required 0.072 mg/L daily maximum
0.025 mg/L calendar month average

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
3As set forth at 40 CFR Part 445 Subpart A, these numeric limitations apply to contaminated stormwater discharges from hazardous waste landfills subject to the provisions of RCRA Subtitle C at 40 CFR Parts 264 (Subpart N) and 265 (Subpart N) except for any of the following facilities:

a. landfills operated in conjunction with other industrial or commercial operations when the landfill receives only wastes generated by the industrial or commercial operation directly associated with the landfill;
b. landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes generated by the industrial or commercial operation directly associated with the landfill and also receives other wastes, provided that the other wastes received for disposal are generated by a facility that is subject to the same provisions in 40 CFR Subchapter N as the industrial or commercial operation or that the other wastes received are of similar nature to the wastes generated by the industrial or commercial operation;
c. landfills operated in conjunction with Centralized Waste Treatment (CWT) facilities subject to 40 CFR Part 437, so long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for discharge. A landfill directly associated with a CWT facility is subject to this part if the CWT facility discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its landfill only with wastewater from other landfills; or
d. landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes from public service activities, so long as the company owning the landfill does not receive a fee or other remuneration for the disposal service.

4For purposes of benchmark pH monitoring, the Permittee is required to report instantaneous results only, and not a calculation of pH averages. pH measurements are logarithmic, and the Agency will be performing a logarithmic average for this parameter using the instantaneous results submitted.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

a. Industrial Stormwater Ponds

1. The Permittee of a sector K industrial facility not operating as a Solid Waste Management Unit (SWMU) with outdoor storage is authorized to use industrial stormwater ponds for stormwater management without additional restrictions.

2. The Permittee of a sector K industrial facility operating as a SWMU with outdoor storage is authorized to use industrial stormwater ponds for stormwater management provided that any industrial stormwater pond constructed after April 5, 2010 meets the following design criteria. Any Permittee required to comply with this part is not authorized to utilize the benchmark monitoring waiver described in Part V.A.4.a of the permit.

a. The industrial stormwater pond must be lined with a synthetic liner that is chemically compatible with materials expected to enter the pond, must be Ultra Violet (UV) stable, and must be designed to restrict infiltration to less than 500 gallons per acre per day.

b. The industrial stormwater pond must be designed in accordance with accepted engineering practices. (See Agency “Recommended Pond Design Criteria” December 2009, Document number: wq-wwtp5-53 and any applicable supporting technical criteria)

b. Infiltration Devices

1. The Permittee of a sector K industrial facility not operating as a SWMU with outdoor storage is authorized to use a designed infiltration device for industrial stormwater management and is not required to comply with Part VII.K.8.b.2, below.

2. The Permittee of a sector K industrial facility operating as a SWMU with outdoor storage is authorized to use a designed infiltration device, implemented prior to April 5, 2010, for stormwater management provided the Permittee complies with the following requirements:

a. The Permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration. However, any Permittee required to comply with this part that is using a designed infiltration device to manage industrial stormwater is not authorized to utilize the benchmark monitoring waiver described in Part V.B.6.a of the permit.

b. If the Permittee has a designed infiltration device operating prior to April 5, 2010, the Permittee is authorized to continue using that device. However, on or after April 5, 2010, the Permittee is not authorized to construct new infiltration devices, expand infiltration activities or practices that result in infiltration, or expand volume of infiltration.

L. Landfills and Land Application Sites

1. Authorized Stormwater Discharges

The requirements in Sector L apply to stormwater discharges associated with industrial activity from landfills and land application sites as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector L Permittees under Sector L are primarily engaged in the following types of activities:

a. Waste disposal at landfills.

b. Land application sites.

c. Sites subject to regulation under Subtitle D of RCRA.

3. Limitations on Authorization

The following discharges are not authorized by this permit:

a. Leachate.

b. Gas collection condensate.

c. Drained free liquids.

d. Contaminated and non-contaminated groundwater.

e. Wastewater from recovery wells.

f. Sanitary wastewater.

g. Laboratory wastewater.

h. Contact washwater from washing truck and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility.

4. Sector-Specific Definitions

a. Contaminated stormwater -stormwater that comes in direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in 4.c of this Part. Some specific areas of a landfill that may produce contaminated stormwater include, but are not limited to, the open face of an active landfill with exposed waste (no cover added); the areas around wastewater treatment operations; trucks, equipment, or machinery that has been in direct contact with the waste; and waste dumping areas.

b. Drained free liquids -aqueous wastes drained from waste containers (e.g. drums) prior to landfilling.

c. Landfill wastewater -all wastewater associated with, or produced by, landfilling activities except for sanitary wastewater, non-contaminated stormwater, contaminated groundwater, and wastewater from recovery pumping wells. Landfill process wastewater includes, but is not limited to, leachate; gas collection condensate; drained free liquids; laboratory-derived wastewater; contaminated stormwater; and contact washwater from washing truck, equipment, and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility.

d. Leachate -liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.

e. Non-contaminated stormwater -stormwater that does not come in direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in 4.c of this Part. Non-contaminated stormwater includes stormwater that flows off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill.

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Control.

The Permittee shall implement sediment control practices on all down-gradient perimeters before any up-gradient land disturbing activities begin. These practices shall remain in place until final stabilization has occurred. The Permittee shall provide temporary stabilization (e.g. temporary seeding, mulching, and placing geotextiles on the inactive portions of stockpiles) for the following:

1. Materials stockpiled for daily, intermediate, and final cover.

2. Inactive areas of the landfill.

3. Landfills areas that have final cover but where vegetation has yet to be established.

4. Land application sites where waste application has been completed but final vegetation has not yet been established.

c. Good Housekeeping.

The Permittee shall provide protected storage areas for pesticides, herbicides, and fertilizers.

d. Inspections.

The Permittee shall ensure the following areas are inspected while conducting inspections as required by Part III.G, of the permit.

1. Areas of landfills that have not yet been finally stabilized.

2. Active land application areas, areas used for storage of material and wastes that are exposed to precipitation, stabilization, and structural control measures.

3. Leachate collection and treatment systems.

4. Locations where equipment and waste trucks enter and exit the site.

5. Inactive landfills for stabilization and structural erosion control measures, leachate collection and treatment systems, and all closed land application areas.

e. Preventive Maintenance Program.

The Permittee shall maintain the following:

1. All containers used for outdoor chemical and significant materials storage.

2. All elements of leachate collection and treatment systems, to prevent commingling of leachate with stormwater.

3. The integrity and effectiveness of any intermediate or final cover (including repairing the cover as necessary), to minimize the effects of settlement, sinking, and erosion.

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV of the permit, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. Active and closed landfill cells or trenches.

2. Active and closed land application areas.

3. Locations where open dumping is occurring or has occurred.

4. Locations of any known leachate springs or other areas where uncontrolled leachate may commingle with runoff.

5. Leachate collection and handling systems.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following sources that have potential pollutants associated with them:

1. Fertilizer, herbicide, and pesticide application.

2. Earth and soil moving.

3. Waste hauling and loading or unloading.

4. Daily, interim, and final cover material stockpiles as well as temporary waste storage areas.

5. Exposure of active and inactive landfill and land application areas.

6. Uncontrolled leachate flows.

7. Failure or leaks from leachate collection and treatment systems.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table L-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - L. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent Limits
L1 Municipal Solid Waste Landfill (MSWLF) Areas Closed In Accordance With 40 CFR 258.60 Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
L2 Any Open Or Closed Non-Hazardous Waste Landfills And Land Application Sites, Which Do Not Discharge To Surface Water(s), Stormwater That Has Directly Contacted Solid Waste. Solids, Total Suspended (TSS) 100 mg/L 2 Effluent Monitoring Not Required
Iron, Total (as Fe) 1.0 mg/L Effluent Monitoring Not Required
L3 3 Any Landfill That Discharges To Surface Water(s), Stormwater That Has Directly Contacted Solid Waste (pursuant to 40 CFR pt. 445, subp. B.) BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L 140 mg/L daily maximum
37 mg/L calendar month average
Solids, Total Suspended (TSS) 100 mg/L 2 88 mg/L daily maximum
27 mg/L calendar month average
Nitrogen, Ammonia, Total (as N) 2.8 mg/L 10 mg/L daily maximum
4.9 mg/L cal
Alpha-Terpineol Benchmark Monitoring Not Required 0.033 mg/L daily maximum
0.016 mg/L calendar month average
Benzoic acid Benchmark Monitoring Not Required 0.12 mg/L daily maximum
0.071 mg/L calendar month average
P-Cresol Benchmark Monitoring Not Required 0.025 mg/L daily maximum
0.014 mg/L calendar month average
Phenol Benchmark Monitoring Not Required 0.026 mg/L daily maximum
0.015 mg/L calendar month average
Zinc, Total (as Zn) 0.234 mg/L 1 0.20 mg/L daily maximum
0.11 mg/L calendar month average
pH 6.0-9.0 SU 4 6.0 SU, instantaneous minimum 9.0 SU, instantaneous maximum

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
3As set forth at 40 CFR Part 445 Subpart B, these numeric limitations apply to contaminated stormwater discharges from MSWLFs that have not been closed in accordance with 40 CFR 258.60, and to contaminated stormwater discharges from those landfills that are subject to the provisions of 40 CFR Part 257 except for discharges from any of the following facilities:

a. landfills operated in conjunction with other industrial or commercial operations, when the landfill receives only wastes generated by the industrial or commercial operation directly associated with the landfill;
b. landfills operated in conjunction with other industrial or commercial operations, when the landfill receives wastes generated by the industrial or commercial operation directly associated with the landfill and also receives other wastes, provided that the other wastes received for disposal are generated by a facility that is subject to the same provisions in 40 CFR Subchapter N as the industrial or commercial operation, or that the other wastes received are of similar nature to the wastes generated by the industrial or commercial operation;
c. landfills operated in conjunction with CWT facilities subject to 40 CFR Part 437, so long as the CWT facility commingles the landfill wastewater with other non-landfill wastewater for discharge. A landfill directly associated with a CWT facility is subject to this part if the CWT facility discharges landfill wastewater separately from other CWT wastewater or commingles the wastewater from its landfill only with wastewater from other landfills; or
d. landfills operated in conjunction with other industrial or commercial operations when the landfill receives wastes from public service activities, so long as the company owning the landfill does not receive a fee or other remuneration for the disposal service.

4For purposes of benchmark pH monitoring, the Permittee is required to report instantaneous results only, and not a calculation of pH averages. pH measurements are logarithmic, and the Agency will be performing a logarithmic average for this parameter using the instantaneous results submitted.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector L industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

M. Automobile Salvage Yards

1. Authorized Stormwater Discharges

The requirements in Sector M apply to stormwater discharges associated with industrial activity from automobile salvage yards as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector M

Permittees under Sector M are primarily engaged in the dismantling or wrecking of used motor vehicles for parts recycling or resale and scrap.

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training.

The Permittee shall address the following areas in the employee training program: proper handling (collection, storage, and disposal) of fuels, oil, used mineral spirits, antifreeze, mercury switches, refrigerants, and solvents.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

To the maximum extent feasible, the Permittee shall:

1. Store all batteries indoors.

2. Recycle lead battery cable ends and wheel balancing weights.

3. Remove all fluids from vehicles and recycle or dispose of accordingly.

4. Remove and segregate mercury switches and mercury containing devices.

5. Recycle fuels.

6. Remove and dispose of refrigerants as required with complete avoidance of venting to atmosphere.

7. Remove and dispose of glycols as required.

8. Remove and recycle all lead parts.

9. Separate and recycle plastics if feasible, or dispose as solid waste.

10. Store all engines and transmissions (that have been removed from vehicles) in covered areas not exposed to precipitation.

d. Inspections.

1. The Permittee shall immediately inspect vehicles arriving at the facility. The Permittee shall inspect the following for signs of leakage; all equipment containing oily parts, hydraulic fluids, any other types of fluids, and mercury switches. Also inspect all vessels and areas where hazardous materials and general automotive fluids are stored, including, but not limited to, mercury switches, brake fluid, transmission fluid, fuels and oils, refrigerants, and antifreeze.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks.

The Permittee shall drain vehicles of all fluids before storage in the facility yard or before vehicles are crushed. If vehicles arrive at the facility with leaks, the Permittee shall either eliminate or contain the leak immediately to prevent stormwater contamination.

g. Management of Runoff (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall indicate the location of the following areas:

1. Dismantling areas.

2. Motor vehicle part storage areas (e.g. engine blocks, transmissions, radiators, tires, batteries, etc).

3. Vehicle part maintenance areas.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall assess the potential for the following to contribute pollutants to stormwater discharges:

1. Vehicle storage areas.

2. Dismantling areas.

3. Parts storage areas (e.g. engine blocks, tires, transmissions, batteries).

4. Fueling stations.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table M-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - M. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
M1 Automobile Salvage Yards Solids, Total Suspended (TSS)) 100 mg/L 2
Aluminum, Total (as Al) 1.5 mg/L
Iron, Total (as Fe) 1.0 mg/L
Lead, Total (as Pb) 0.164 mg/L 1
Benzene 9.0 mg/L
Toluene 3.7 mg/L
Ethyl benzene 2.7 mg/L
Xylene 2.8 mg/L

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

a. Industrial Stormwater Ponds

1. The Permittee of a sector M industrial facility is authorized to use industrial stormwater ponds for stormwater management provided that any industrial stormwater pond constructed after April 5, 2010 meets the following design criteria. Any Permittee required to comply with this part is not authorized to utilize the benchmark monitoring waiver described in [[PART V. BENCHMARK MONITORING REQUIREMENTS#6. Benchmark Monitoring Waivers|Part V.B.6.a] of the permit.

a. The industrial stormwater pond must be lined with a synthetic liner that is chemically compatible with materials expected to enter the pond, must be Ultra Violet (UV) stable, and must be designed to restrict infiltration to less than 500 gallons per acre per day.

b. The industrial stormwater pond must be designed in accordance with accepted engineering practices. (See MPCA “Recommended Pond Design Criteria” December 2009, Document number: wq-wwtp5-53 and any applicable supporting technical criteria)

b. Infiltration Devices

1. The Permittee of a sector M industrial facility is authorized to use a designed infiltration device, implemented prior to April 5, 2010, for stormwater management provided the Permittee complies with the following requirements:

a. The Permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration. However, any Permittee required to comply with this part that is using a designed infiltration device to manage industrial stormwater is not authorized to utilize the benchmark monitoring waiver described in Part V.A.4.a of the permit.

b. If the Permittee has a designed infiltration device operating prior to April 5, 2010, the Permittee is authorized to continue using that device. However, on or after April 5, 2010, the Permittee is not authorized to construct new infiltration devices, expand infiltration activities or practices that result in infiltration, or expand volume of infiltration.

9. Mercury Minimization Plan

a. All vehicle recyclers and vehicle scrap processors shall remove and manage and recycle mercury containing convenience lighting switch assemblies, mercury containing ABS switch assemblies, and mercury containing air bag sensor switch assemblies found in some vehicles manufactured before model year 2002. Under Minn. Stat. 116.92, subd. 4(c), “A person may not crush a motor vehicle unless the person has first made a good faith effort to remove all of the mercury switches in the motor vehicle.”

b. In addition, the Permittee shall also evaluate the facility to identify any additional sources of mercury that may be introduced to, or used at, the facility. This includes, but is not limited to, mercury containing devices such as float switches; tilt switches; manometers; barometers; batteries; flame sensors (diostats); hydrometers; medical devices; lamps; mercury compounds; pyrometers; displacement relays; wetted reed relays; thermometers; pressure gauges; thermostats; etc. The plan shall describe how the Permittee is removing mercury containing devices, segregating mercury containing devices to avoid spills and contact with stormwater, and the methods used for recycling any mercury generated at the facility (including the specific recycling program used). All mercury and mercury-containing devices must be removed and recycled in accordance with Minn. Stat. §§ 115A.932 and 116.92 and in accordance with state and federal Universal Waste Rules and other applicable water, air, and waste regulations.

N. Scrap Recycling and Waste Recycling Facilities

1. Authorized Stormwater Discharges

The requirements in Sector N apply to stormwater discharges associated with industrial activity from scrap recycling and waste recycling facilities, as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector N Permittees under Sector N are primarily engaged in the following types of activities:

a. Processing, reclaiming, and wholesale distribution of scrap and waste materials, such as ferrous and nonferrous metals, paper, plastic, cardboard, glass, and animal hides.

b. Reclaiming and recycling of liquid wastes, such as used oil, antifreeze, mineral spirits, and industrial solvents.

3. Limitation on Authorization

Non-stormwater discharges from ferrous and non-ferrous metal turnings containment areas are not authorized by this permit.

4. Sector -Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

The Permittee shall minimize exposure of recyclables to precipitation and runoff and use good housekeeping measures to prevent accumulation of particulate matter and fluids, particularly in high traffic areas.

d. Inspections.

1. The Permittee shall minimize acceptance of materials that may be significant sources of pollutants by conducting inspections of the in-bound materials.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt.

Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff.

The Permittee shall minimize;

1. Contact of stormwater runoff with stockpiled scrap materials, processed materials, storage of materials and non-recyclable wastes.

2. Contact of surface runoff with stockpiles of turnings exposed to cutting fluids by:

a. Storing all turnings exposed to cutting fluids under some form of permanent or semi-permanent cover.

b. Establishing dedicated containment areas for all turnings that have been exposed to cutting fluids. Stormwater runoff from these areas can be discharged, provided that any runoff is first collected and treated by an oil and water separator or its equivalent. The Permittee shall regularly maintain the oil and water separator (or its equivalent) and properly dispose of or recycle collected residual fluids.

3. Contact of stormwater with residual liquids, particulate matter, and waste materials that are stored either outdoors or under cover.

4. Surface runoff from coming in contact with scrap processing equipment, including operations that generate visible particulate residue (e.g. shredding).

5. Pollutants in discharges from truck and rail car loading and unloading areas, and must include measures to clean up spills and leaks resulting from the transfer of liquid wastes.

h. Other Industry Specific Stormwater Control Measures.

1. The Permittee shall notify major suppliers about which scrap materials will not be accepted at the facility or will be accepted only under certain conditions.

2. The Permittee shall properly handle, store, and manage scrap lead-acid batteries.

6. SWPPP Requirements

The SWPPP may refer to applicable portions of other existing plans, such as SPCC plans required under 40 CFR pt. 112. In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify the locations of any of the following activities or sources that may be exposed to stormwater:

1. Outdoor scrap and waste processing equipment.

2. Containment areas for turnings exposed to cutting fluids.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources (No additional requirements).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table N-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - N. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
N1 Scrap Recycling Facilities Solids, Total Suspended (TSS) 100 mg/L 2
COD (Chemical Oxygen Demand) 120 mg/L
Aluminum, Total (as Al) 1.5 mg/L
Copper, Total (as Cu) 0.028 mg/L 1
Iron, Total (as Fe) 1.0 mg/L
Lead, Total (as Pb) 0.164 mg/L 1
Zinc, Total (as Zn) 0.234 mg/L 1
pH 3 6.0-9.0 SU

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
3For purposes of benchmark pH monitoring, the Permittee is required to report instantaneous results only, and not a calculation of pH averages. pH measurements are logarithmic, and the Agency will be performing a logarithmic average for this parameter using the instantaneous results submitted.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

a. Industrial Stormwater Ponds

1. The Permittee of a sector N industrial facility is authorized to use industrial stormwater ponds for stormwater management provided that any industrial stormwater pond constructed after April 5, 2010 meets the following design criteria. Any Permittee required to comply with this part is not authorized to utilize the benchmark monitoring waiver described in Part V.B.6.a of the permit.

a. The industrial stormwater pond must be lined with a synthetic liner that is chemically compatible with materials expected to enter the pond, must be Ultra Violet (UV) stable, and must be designed to restrict infiltration to less than 500 gallons per acre per day.

b. The industrial stormwater pond must be designed in accordance with accepted engineering practices. (See Agency “Recommended Pond Design Criteria” December 2009, Document number: wq-wwtp5-53 and any applicable supporting technical criteria)

b. Infiltration Devices

1. The Permittee of a sector N industrial facility is authorized to use a designed infiltration device, implemented prior to April 5, 2010, for stormwater management provided the Permittee complies with the following requirements:

a. The Permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration. However, any Permittee required to comply with this part that is using a designed infiltration device to manage industrial stormwater is not authorized to utilize the benchmark monitoring waiver described in Part V.A.4.a of the permit.

b. If the Permittee has a designed infiltration device operating prior to April 5, 2010, the Permittee is authorized to continue using that device. However, on or after April 5, 2010, the Permittee is not authorized to construct new infiltration devices, expand infiltration activities or practices that result in infiltration, or expand volume of infiltration.

9. Mercury Minimization Plan

a. All vehicle recyclers and vehicle scrap processors shall remove and manage and recycle mercury containing convenience lighting switch assemblies, mercury containing ABS switch assemblies, and mercury containing air bag sensor switch assemblies found in some vehicles manufactured before model year 2002. Under Minn. Stat. 116.92, subd 4(c), “A person may not crush a motor vehicle unless the person has first made a good faith effort to remove all of the mercury switches in the motor vehicle.”

b. In addition, the Permittee shall also evaluate the facility to identify any additional sources of mercury that may be introduced to, or used at, the facility. This may include but is not limited to mercury containing devices such as float switches, tilt switches, manometers, barometers, batteries, flame sensors (diostats), hydrometers, medical devices, lamps, mercury compounds, pyrometers, displacement relays, wetted reed relays, thermometers, pressure gauges, thermostats, etc. The plan shall describe how the Permittee is removing mercury containing devices, segregating mercury containing devices to avoid spills and contact with stormwater, and the methods used for recycling any mercury generated at the facility (including the specific recycling program used). All mercury and mercury-containing devices must be removed and recycled in accordance with Minn. Stat. §§ 115A.932 and 116.92 and in accordance with state and federal Universal Waste Rules and other applicable water, air, and waste regulations.

O. Steam Electric Generating Facilities

1. Authorized Stormwater Discharges

The requirements in Sector O apply to stormwater discharges associated with industrial activity from steam electric power generating facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector O Permittees under Sector O are primarily engaged in the following types of activities:

a. Steam electric power generation.

b. Dual fuel co-generation facilities producing steam.

3. Limitations on Authorization

The following discharges are not authorized by this permit:

a. Non-stormwater discharges subject to effluent limitations guidelines.

b. Stormwater discharges from ancillary facilities (e.g. gas turbine stations and substations) that are not contiguous to a steam electric power generating facility and heat capture co-generation facilities.

c. Coal pile runoff wastewater. Coal pile runoff wastewater shall be collected and treated separate from other collected stormwater runoff. Discharge of coal pile runoff wastewater is authorized and permitted under an individual NPDES/SDS permit for the facility which includes effluent limitations for this discharge.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

The Permittee shall describe and implement procedures to reduce or control the tracking of ash and residue from ash loading areas. The Permittee shall describe and implement housekeeping procedures, such as, dust suppression, containment, or clearing loading areas, floors and roadways of ash and excess water.

d. Inspections.

1. The Permittee shall inspect the following areas:

a. Coal handling areas.

b. Switchyards.

c. Ash handling areas.

d. Areas adjacent to disposal ponds and landfills.

2. The Permittee shall inspect all residue-hauling (e.g. ash) vehicles for proper covering over the load, adequate gate sealing, and overall integrity of the container body. Repair, as soon as practicable, vehicles without load covering or adequate gate sealing, or with leaking containers or beds.

3. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

1. The Permittee shall describe and implement measures that prevent or minimize stormwater from contacting fugitive dust emissions from coal handling areas.

2. The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater runoff from delivery vehicles carrying significant materials arriving at the facility. The Permittee shall have procedures ensuring overall integrity of the body or container and procedures to deal with leakage or spillage from vehicles or containers.

3. The Permittee shall describe and implement measures that prevent or minimize contamination of surface runoff from oil-bearing equipment in switchyard areas. Use level grades and gravel surfaces to retard flows and limit the spread of spills from oil-bearing equipment in switchyards, or collect runoff in perimeter ditches from these areas.

f. Spills and Leaks.

The Permittee shall describe and implement measures to reduce the potential for an oil or chemical spill, or reference the appropriate part of the facility SPCC plan. Visually inspect the structural integrity of all above-ground tanks, pipelines, pumps, and related equipment, and conduct any necessary repairs, pursuant to Minnesota tanks program requirements.

g. Management of Runoff.

The Permittee shall describe and implement measures that prevent or minimize contamination of surface runoff from areas adjacent to disposal ponds or landfills. Develop procedures to reduce ash residue that may be tracked on to access roads traveled by residue handling vehicles, and reduce ash residue on exit roads leading into and out of residue handling areas.

h. Other Industry Specific Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify the locations of any of the following activities or sources that may be exposed to stormwater:

1. Scrap yards and general refuse areas.

2. Short- and long-term storage of construction materials, paint equipment, oils, fuels, used and unused solvents, cleaning materials, paint, water treatment chemicals, fertilizer, and pesticides.

3. Landfills and construction sites.

4. Stockpile areas (e.g. coal, ash or limestone piles).

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutants (No additional requirements).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V and VI, the Permittee shall monitor the applicable parameters in Table O-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - O. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values Effluent Limits
O1 Coal Fired and Oil Fired Steam Electric Generating Facilities Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
Iron, Total (as Fe) 1.0 mg/L Effluent Monitoring Not Required
O2 Nuclear, Natural Gas Fired, And Any Other Fuel Source Used For Steam Electric Generation Solids, Total Suspended (TSS) 100 mg/L 1 Effluent Monitoring Not Required
O3 Runoff From Coal Storage Piles At Steam Electric Generating Facilities Solids, Total Suspended (TSS) Benchmark Monitoring Not Required 50 mg/L daily maximum 2
pH Benchmark Monitoring Not Required 6.0 SU, instantaneous minimum 9.0 SU, instantaneous maximum

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
2If the facility is designed, constructed, and operated to treat the volume of coal pile runoff that is associated with a 10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff from the treatment unit is not subject to the 50 mg/L limitation for total suspended solids.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector O industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

P. Land Transportation and Warehousing

1. Authorized Stormwater Discharges

The requirements in Sector P apply to stormwater discharges associated with industrial activity from land transportation and warehousing facilities as identified by the industrial activity codes in Major Groups 40, 41, 42, 43 and SIC 5171, and specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector P Permittees under Sector P are primarily engaged in the following types of activities:

a. Vehicle and equipment fluid changes.

b. Mechanical repairs.

c. Parts cleaning.

d. Sanding, refinishing and painting.

e. Fueling and lubrication.

f. Locomotive sanding (loading sand for traction).

g. Storage of vehicles and equipment awaiting repair or maintenance.

h. Storage of materials and waste materials, such as oil, fuel, batteries, tires, or oil filters.

i. Equipment cleaning operations.

j. Farm product warehousing and storage.

k. Refrigerated warehousing and storage.

l. General warehousing and storage.

3. Limitation on Authorization

a. Only those portions of a land transportation facility that are involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, or deicing operations are regulated as industrial activity under this permit. If other portions of the facility include industrial activities that are described at 40 CFR 122.26(b)(14)(i-ix and xi), those industrial activities are also regulated under this permit, and the appropriate sector requirements for such activities apply.

b. The limitation in 3.a. above does not apply to warehousing and storage. All portions of a facility conducting warehousing and storage operations are regulated under this permit, as long as the industrial activity is described in 40 CFR 122.26(b)(14)(xi) regarding SIC codes 4221-4225 for warehousing and storage.

c. This permit does not authorize the discharge of vehicle/equipment/surface washwater, including tank cleaning operations. Such discharges must be authorized under a separate NPDES/SDS permit, discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements, or recycled on site.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training.

When conducting employee training, the Permittee shall include:

1. Proper management and disposal of used oil and spent solvent management.

2. Fueling procedures.

3. Proper painting procedures.

4. Used battery management.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

The Permittee shall minimize or prevent stormwater from contacting locomotive sanding (loading sand for traction) areas. Sediment removal practices shall be implemented to minimize the offsite transport of sanding material.

d. Inspections.

1. The Permittee shall inspect the following areas/activities:

a. Storage areas for vehicles/equipment awaiting maintenance.

b. Fueling areas.

c. Indoor and outdoor vehicle/equipment maintenance areas.

d. Vehicle/equipment cleaning areas.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

The Permittee shall maintain all material storage vessels (e.g. used oil/oil filters, spent solvents, paint wastes, hydraulic fluids) to prevent contamination of stormwater, and plainly label the storage vessels.

f. Spills and Leaks.

The Permittee shall confine the storage of leaky or leak prone vehicles/equipment awaiting maintenance to designated areas.

g. Other Industry Specific Stormwater Controls.

All petroleum bulk oil stations and terminals shall comply with applicable State and Federal laws regulating large bulk fuel storage tanks, including the SPCC and provisions for secondary containment. Above ground storage tanks with a capacity larger than 1.0 million gallons are regulated by permits negotiated with the Agency. Follow all rules and requirements pursuant to Minn. R. 7151.1200 concerning above ground storage tanks, and Minn. R. 7150 regarding underground storage tanks.

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify the following areas of the facility and indicate whether activities occurring there may be exposed to stormwater:

1. Fueling stations.

2. Vehicle/equipment maintenance or cleaning areas.

3. Storage areas for vehicle/equipment with actual or potential fluid leaks.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe and assess the potential for the following facility activities and areas to contribute pollutants to stormwater discharges:

1. On-site waste storage or disposal.

2. Dirt/gravel parking areas for vehicles awaiting maintenance.

3. Fueling areas.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table P-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - P. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsectors Parameter Benchmark Values
P1 - Rail Transportation Facilities Solids, Total Suspended (TSS) 100 mg/L 1
P2 - Petroleum Bulk Oil Stations and Terminals Solids, Total Suspended (TSS) 100 mg/L 1
P3 - Motor Vehicle Facilities Solids, Total Suspended (TSS) 100 mg/L 1
P4 2 - Warehousing and Storage: General Warehousing, Farm Product Warehousing, Refrigerated Warehousing Solids, Total Suspended (TSS) 100 mg/L 1

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
2SIC codes 4221-4225 are not limited by vehicle/equipment maintenance


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector P industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

Q. Water Transportation

1. Authorized Stormwater Discharges

The requirements in Sector Q apply to stormwater discharges associated with industrial activity from water transportation facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector Q

Permittees under Sector Q are primarily engaged in water transportation facilities and activities classified in SIC Code Major Group 44 that have vehicle (vessel) maintenance shops and/or equipment cleaning operations, including:

a. Water transportation industry, including facilities engaged in foreign or domestic transport of freight or passengers in deep sea or inland waters.

b. Marine cargo handling operations.

c. Ferry operations.

d. Towing and tugboat services.

e. Marinas.

3. Limitations on Authorization

The following discharges are not authorized by this permit:

a. Bilge and ballast water.

b. Sanitary wastes.

c. Pressure wash water.

d. Cooling water originating from vessels.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training.

The Permittee shall, as part of the employee training program, address the following activities:

1. Used oil management.

2. Spent solvent management.

3. Disposal of spent abrasives.

4. Fueling procedures.

5. Painting and blasting procedures.

6. Used battery management.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

1. The Permittee shall implement and describe a schedule for routine yard maintenance and cleanup. Regularly remove from the general yard area scrap metal, wood, plastic, miscellaneous trash, paper, glass, industrial scrap, insulation, welding rods, and packaging.

2. The Permittee shall describe procedures for routinely maintaining and cleaning the drydock area to prevent or minimize pollutants in stormwater runoff. Address the cleaning of accessible areas of the drydock prior to flooding and following removal of the vessel and raising the dock. Include procedures for cleaning up oil, grease, and fuel spills occurring on the drydock.

3. The Permittee shall regularly clean deposits of abrasive blasting debris and paint chips.

d. Inspections.

1. The Permittee shall inspect the following areas:

a. Pressure washing area.

b. Blasting, sanding, and painting areas.

c. Engine maintenance and repair areas.

d. Drydock area.

e. General yard area.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

1. The Permittee shall implement and describe measures to prevent spent abrasives, paint chips, and overspray from coming into contact with stormwater. The Permittee shall contain all blasting and painting activities, or use other measures to prevent the discharge of the contaminants (e.g. hanging plastic barriers or tarpaulins during blasting or painting operations to contain debris).

2. The Permittee shall implement and describe measures to prevent or minimize the contamination of stormwater from all areas used for engine maintenance and repair.

3. The Permittee shall implement and describe measures to prevent or minimize the contamination of stormwater from material handling operations and areas (e.g. fueling, paint and solvent mixing, disposal of process wastewater streams from vessels).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Stormwater Controls.

If pressure washing is used to remove paint, dirt, marine growth, or other materials from vessels, the discharge water must be permitted by a separate NPDES permit and is not authorized by this permit.

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. Fueling.

2. Engine and vessel maintenance and repair.

3. Pressure washing.

4. Painting.

5. Sanding.

6. Blasting.

7. Welding.

8. Metal fabrication.

9. Locations used for the treatment, storage, or disposal of wastes.

10. Liquid storage areas (e.g. paint, solvents, resins).

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

1. Outdoor manufacturing or processing activities (e.g. welding, metal fabricating).

2. Significant dust or particulate generating processes (e.g. abrasive blasting, sanding and painting).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table Q-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - Q. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
Q1 Water Transportation Facilities Solids, Total Suspended (TSS) 100 mg/L 2
Lead, Total (as Pb) 0.164 mg/L 1
Zinc, Total (as Zn) 0.234 mg/L 1
Iron, Total (as Fe) 1.0 mg/L
Aluminum, Total (as Al) X1.5 mg/L

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector Q industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

R. Ship and Boat Building and Repair Yards

1. Authorized Stormwater Discharges

The requirements in Sector R apply to stormwater discharges associated with industrial activity from ship and boat building and repair yards as identified by the industrial activity code specified in Table 5 of Appendix D.

Industrial Activities Authorized by Sector R

<p>Permittees under Sector R are primarily engaged in ship building and repairing and boat building and repairing.

3. Limitations on Authorization

The following discharges are not authorized by this permit:

a. Bilge and ballast water.

b. Sanitary wastes.

c. Pressure wash water.

d. Cooling water originating from vessels.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training

As part of the employee training program, the Permittee shall address the following activities:

1. Used oil management.

2. Spent solvent management.

3. Disposal of spent abrasives.

4. Fueling procedures.

5. Painting and blasting procedures.

6. Used battery management.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

1. The Permittee shall implement and describe a schedule for routine yard maintenance and cleanup. Regularly remove from the general yard area scrap metal, wood, plastic, miscellaneous trash, paper, glass, industrial scrap, insulation, welding rods, and packaging.

2. The Permittee shall describe procedures for routinely maintaining and cleaning the drydock area to prevent or minimize pollutants in stormwater runoff. Address the cleaning of accessible areas of the drydock prior to flooding and following removal of the vessel and raising the dock. Include procedures for cleaning up oil, grease, and fuel spills occurring on the drydock.

d. Inspections.

1. The Permittee shall inspect the following areas:

a. Pressure washing area.

b. Blasting, sanding, and painting areas.

c. Engine maintenance and repair areas.

d. Drydock area.

e. General yard area.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

1. The Permittee shall implement and describe measures to prevent spent abrasives, paint chips, and overspray from coming into contact with stormwater. The Permittee shall contain all blasting and painting activities, or use other measures to prevent the discharge of the contaminants (e.g. hanging plastic barriers or tarpaulins during blasting or painting operations to contain debris). The Permittee must also regularly clean deposits of abrasive blasting debris and paint chips.

2. The Permittee shall implement and describe measures to prevent or minimize the contamination of stormwater from all areas used for engine maintenance and repair.

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Stormwater Controls (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map. The Permittee shall identify where the following may be exposed to stormwater:

1. Fueling.

2. Engine maintenance or repair.

3. Vessel maintenance or repair.

4. Pressure washing.

5. Painting.

6. Sanding.

7. Blasting.

8. Welding.

9. Metal fabrication.

10. Liquid storage areas (e.g. paint, solvents, resins).

11. Blasting media, aluminum, steel, and scrap iron storage areas.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

1. Outdoor manufacturing or processing activities (e.g. welding, metal fabricating).

2. Significant dust or particulate generating processes (e.g. abrasive blasting, sanding and painting).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table R-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - R. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table</center>

Subsector Parameter Benchmark Values
R1 - Ship and Boat Building and Repairing Yards Solids, Total Suspended (TSS) 100 mg/L 1

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector R industrial facilities are authorized to use designed infiltration devices industrial stormwater ponds for stormwater management.

S. Air Transportation

1. Authorized Stormwater Discharges

The requirements in Sector S apply to stormwater discharges associated with industrial activity from air transportation facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector S

Permittees under Sector S are primarily engaged in the following types of activities:

a. Servicing, repairing, or maintaining aircraft and ground vehicles.

b. Equipment cleaning and maintenance (including vehicle and equipment rehabilitation, mechanical repairs, painting, fueling, and lubrication).

c. Deicing/anti-icing operations.

3. Limitation on Authorization

a. Only those portions of the air transportation facility that are involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, or deicing operations are regulated as industrial activity under this permit, unless other portions of the facility include industrial activities that are described at 40 CFR 122.26(b)(14)(i-ix and xi), which are also regulated under this permit. In this case, these activities are co-located with the air transportation activities and the appropriate sector requirements for these activities also apply.

b. This permit does not authorize the discharge of aircraft, ground vehicle, runway and equipment washwater, or the dry weather discharge of deicing chemicals. Such discharges must be authorized by a separate NPDES permit.

4. Sector-Specific Definitions

a. "Airport Authority" means a single management organization of the airport (usually a public entity).

b. “Deicing” means both deicing (removing frost, snow, or ice) and anti-icing (preventing accumulation of frost, snow, or ice) activities, unless specific mention is made regarding anti-icing and/or deicing activities.

c. "Deicing Season" means the average seasonal timeframe (e.g. December-February, October-March, etc) during which deicing activities occur at the facility. The Permittee shall identify the average deicing season length in the facility's SWPPP.

d. “Primary Airport” means as described in 49 USC 47102, a commercial service airport the Secretary determines to have more than 10,000 passenger boardings each year.

e. “Tenant” means airline carriers, fixed-base operators (e.g. fueling companies and maintenance shops), and others that have leases/agreements to conduct business on airport property. Tenants of the airport that conduct industrial activities as described above, or as described anywhere in 40 CFR 122.26(b)(14), are required to apply for authorization under an NPDES stormwater permit.

5. Stormwater Controls

a. Employee Training.

The Permittee shall address the following in the employee training program:

1. Proper handling of deicing materials and fuels.

2. Spill and leak prevention.

3. Proper recordkeeping of deicing fluids applied and stored.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

1. In addition to the inspection requirements outlined in Part III.G, the Permittee shall conduct two (2) inspections per month with no less than ten (10) days between inspections during the deicing season, as specified in the Permittee’s SWPPP.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheens or films from oil and grease shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

1. The Permittee shall evaluate whether over-application of deicing chemicals on runways occurs by analyzing and adjusting application rates as necessary, consistent with considerations and requirements of flight safety. The evaluation must be carried out by the personnel most familiar with the particular aircraft and flight operations in question.

2. The Permittee shall describe and implement measures that prevent or minimize the contamination of stormwater runoff from all areas used for aircraft, ground vehicle, and equipment maintenance (including the maintenance conducted on the terminal apron and in dedicated hangers).

3. The Permittee shall describe and implement measures that prevent or minimize the contamination of stormwater with fuels and fuel servicing activities or other operations conducted in support of the airport fuel system.

4. The Permittee shall store all aircraft, ground vehicles and equipment awaiting maintenance in designated areas only. BMPs should be implemented in these designated areas to prevent or minimize contact of stormwater with materials exposed from vehicles awaiting maintenance.

f. Spills and Leaks (No additional requirements).

g. Management of Runoff.

The Permittee shall describe and implement a program to control or manage contaminated runoff to reduce the amount of pollutants being discharged from the facility. Describe the controls used for collecting or containing contaminated melt water from collection areas used for disposal of contaminated snow.

6. SWPPP Requirements

In addition to SWPPP requirements in Part IV, the following sector-specific requirements must be met for an air transportation facility. Where applicable, Permittees meeting the definition of tenant, above, shall create a SWPPP specific to the tenant's own operations for stormwater discharges associated with the leased property/space. The individual tenant’s SWPPP shall reference the airport authority’s SWPPP with coordination between the two entities. Conversely, the airport authority’s SWPPP shall reference the tenant’s SWPPP with coordination between the two entities.

a. Facility Map.

The Permittee shall identify the following areas of the facility and indicate whether activities occurring are or may be exposed to stormwater:

1. Aircraft and runway deicing operations.

2. Fueling stations.

3. Aircraft.

4. Ground vehicle and equipment maintenance/cleaning areas.

5. Storage areas for aircraft, ground vehicles, and equipment awaiting <p>maintenance.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall identify the potential for the following activities and facility areas to contribute pollutants to stormwater discharges:

1. Aircraft.

2. Runways.

3. Ground vehicle and equipment maintenance and cleaning.

4. Aircraft and runway deicing operations (including apron and centralized aircraft deicing stations, runways, taxiways, and ramps).

If the Permittee uses deicing chemicals or pesticides, records must be maintained of the types used (including the Material Safety Data Sheets [MSDS]) and the monthly quantities. This includes all deicing chemicals, not just glycols and urea (e.g. potassium acetate). All tenants that conduct these activities shall provide the above information in their SWPPP, which will be attached and updated as necessary to reflect current information.

d. Description of Stormwater Controls.

The Permittee shall clean equipment only in the areas identified in the SWPPP and clearly designate these areas using ground signage or other appropriate means.

7. Monitoring and Reporting Requirements

In addition to the monitoring requirements specified in ]]PART V. BENCHMARK MONITORING REQUIREMENTS|Part V]], the Permittee shall collect two (2) of the facility’s four (4) required samples during periods that are during the airport’s specified deicing season, for the applicable parameters, below.

Sector-Specific Benchmark Values and Effluent Limitations: Sector - S1. Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
S1 Airports that use 100,000 gallons or more of glycol-based deicing/anti-icing chemicals and/or 100 tons or more of urea on an average annual basis. Solids, Total Suspended (TSS) 100 mg/L 1
5-Day Carbonaceous, Biochemical Oxygen Demand (CBOD5) 25 mg/L
Chemical Oxygen Demand (COD) 120 mg/L
Nitrogen, Ammonia, Total (as N) 2.8 mg/L
pH 2 6.0-9.0 SU

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.
2For purposes of benchmark pH monitoring, the Permittee is required to report instantaneous results only, and not a calculation of pH averages. pH measurements are logarithmic, and the Agency will be performing a logarithmic average for this parameter using the instantaneous results submitted.


Sector-Specific Benchmark Values and Effluent Limitations: Sector - S2: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
S2 Airports that use less than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or less than 100 tons of urea on an average annual basis. Solids, Total Suspended (TSS) 100 mg/L 1
5-Day Carbonaceous, Biochemical Oxygen Demand (CBOD5) 25 mg/L
Chemical Oxygen Demand (COD) 120 mg/L
Nitrogen, Ammonia, Total (as N) 2.8 mg/L

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

a. Industrial Stormwater Ponds

1. The Permittee of a sector S industrial facility that does not conduct deicing activities, as defined above, is authorized to use industrial stormwater ponds for stormwater management without additional restrictions.

2. The Permittee of a sector S industrial facility that conducts deicing activities, as defined above, is authorized to use industrial stormwater ponds for stormwater management provided that any industrial stormwater pond constructed after April 5, 2010, permit meets the following design criteria. Any Permittee required to comply with this part is not authorized to utilize the benchmark monitoring waiver described in Part V.A.4.a of the permit.

a. The industrial stormwater pond must be lined with a synthetic liner that is chemically compatible with materials expected to enter the pond, must be Ultra Violet (UV) stable, and must be designed to restrict infiltration to less than 500 gallons per acre per day.

b. The industrial stormwater pond must be designed in accordance with accepted engineering practices. (See Agency “Recommended Pond Design Criteria” December 2009, Document number: wq-wwtp5-53 and any applicable supporting technical criteria)

b. Infiltration Devices

1. The Permittee of a sector S industrial facility that does not conduct deicing activities, as defined above, is authorized to use a designed infiltration device for industrial stormwater management and is not required to comply with Part VII.S.8.b.2, below.

2. The Permittee of a sector S industrial facility that conducts deicing activities, as defined above, is authorized to use a designed infiltration device, implemented prior to April 5, 2010 of this permit, for stormwater management provided the Permittee complies with the following requirements:

a. The Permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration. However, any Permittee required to comply with this part that is using a designed infiltration device to manage industrial stormwater is not authorized to utilize the benchmark monitoring waiver described in Part V.A.4.a of the permit.

b. If the Permittee has a designed infiltration device operating prior to April 5, 2010, the Permittee is authorized to continue using that device. However, on or after April 5, 2010, the Permittee is not authorized to construct new infiltration devices, expand infiltration activities or practices that result in infiltration, or expand volume of infiltration.

T. Treatment Works

1. Authorized Stormwater Discharges

The requirements in Sector T apply to stormwater discharges associated with industrial activity from treatment works as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector T

Permittees under Sector T are primarily engaged in treatment works treating domestic sewage, or any other sewage sludge or wastewater treatment device or system used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage; including land dedicated to the disposal of sewage sludge; that are located within the confines of the facility with a design flow of 1.0 million gallons per day (MGD) or more; or are required to have an approved pretreatment program under 40 CFR pt. 403.

3. Limitations on Authorization

The following discharges are not authorized by this permit:

a. Sanitary and industrial wastewater.

b. Equipment and vehicle washwater.

c. Discharges from farm lands, domestic gardens, or lands used for sludge management where sludge is beneficially reused and which are not physically located within the facility, or areas that are in compliance with Section 405 of the CWA.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training. The Permittee shall address the following during employee training:

1. Petroleum product management.

2. Process chemical management.

3. Fueling procedures.

4. Proper procedures for using fertilizer, herbicides, and pesticides.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

The Permittee shall include the following areas in all inspections:

1. Access roads and rail lines.

2. Grit, screenings, and other solids handling.

3. Sludge drying beds.

4. Dried sludge piles.

5. Compost piles.

6. Septage or hauled waste receiving stations.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. Handling, storage, or disposal areas for grit, screenings, and other solids.

2. Sludge drying beds.

3. Dried sludge piles.

4. Compost piles.

5. Septage or hauled waste receiving station.

6. Storage areas for process chemicals, petroleum products, solvents, fertilizers, herbicides, and pesticides.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

1. Grit, screenings, and other solids handling.

2. Sludge drying beds.

3. Dried sludge piles.

4. Compost piles.

5. Septage or hauled waste receiving station.

6. Access roads and rail lines.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table T-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - T: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
T1 - Treatment Works Solids, Total Suspended (TSS) 100 mg/L 1
BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector T industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

U. Food and Kindred Products

1. Authorized Stormwater Discharges

The requirements in Sector U apply to stormwater discharges associated with industrial activity from food and kindred products facilities as specified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector U

Permittees under Sector U are primarily engaged in the following types of activities:

a. Meat products.

b. Dairy products.

c. Canned, frozen, and preserved fruits, vegetables, and food specialties.

d. Grain mill products.

e. Bakery products.

f. Sugar and confectionery products.

g. Fats and oils.

h. Beverages.

i. Miscellaneous food preparations and kindred products.

j. Tobacco products.

3. Limitations on Authorization

a. The following discharges are not authorized by this permit:

1. Stormwater discharges co-mingled with wastewaters or sources of nonstormwater, other than those listed under Part II of this permit, including those from industrial plant yards; material handling sites; refuse sites; sites used for application or disposal of process wastewaters; sites used for storage and maintenance of material handling equipment; sites used for residential wastewater treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; and storage areas for raw material and intermediate and finished products. This includes areas where industrial activity has taken place in the past and significant materials remain. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product.

2. Discharges subject to operations and process requirements of Part II, which include discharges containing boiler blowdown, cooling tower overflow and blowdown, ammonia refrigeration purging, and vehicle washing and clean-out operations.

b. Wastewater generated from these areas shall be treated at the facility’s wastewater treatment facility in accordance with the facility’s NPDES permit, or by discharge to a publicly owned treatment works (POTW), as authorized by the POTW. Stormwater discharges from these areas are authorized where no mixing of stormwater with wastewater or non-stormwater occurs, and where these areas do not at any time generate wastewater or non-stormwater.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training.

The Permittee shall include the following activities as appropriate:

1. Used oil and spent solvent management.

2. Segregation of organic materials, raw materials, and products from contact with stormwater and precipitation.

3. Pest control.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

1. The Permittee shall inspect the following areas where the potential for exposure to stormwater exists:

a. Waste management units.

b. Vents and stacks associated with industrial activities.

c. Spoiled product and broken product container holding areas.

d. Animal holding pens.

e. Staging areas.

f. Air pollution control equipment.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify the locations of the following activities if they are exposed to stormwater:

1. Vents and stacks from cooking, drying, and similar operations.

2. Dry product vacuum transfer lines.

3. Animal holding pens.

4. Spoiled product and broken product container storage areas.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe, in addition to food and kindred products processing-related industrial activities, application and storage of pest control chemicals (e.g. rodenticides, insecticides, fungicides) used on plant grounds.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table U-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - U: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
U1 Grain Mill Products Solids, Total Suspended (TSS) 100 mg/L 1
U2 Fats and Oils Products Solids, Total Suspended (TSS) 100 mg/L 1
BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L
COD (Chemical Oxygen Demand) 120 mg/L
Nitrogen, Ammonia, Total (as N) 2.8 mg/L
U3 Food and Tobacco Products, Food Preparation Facilities Solids, Total Suspended (TSS) 100 mg/L 1
BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L
COD (Chemical Oxygen Demand) 120 mg/L
Nitrogen, Ammonia, Total (as N) 2.8 mg/L
Phosphorus, Total (as P) 1.0 mg/L

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector U industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

V. Textile Mills, Apparel, and Other Fabric Products Manufacturing

1. Authorized Stormwater Discharges

The requirements in Sector V apply to stormwater discharges associated with industrial activity from textile mills, apparel, and other fabric product manufacturing as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector V

Permittees under Sector V are primarily engaged in the following types of activities:

a. Textile mill product preparation, including preparation of fiber and subsequent manufacturing of yarn, thread, braids, twine, and cordage.

b. The manufacture of broadwoven fabrics, narrow-woven fabrics, knit fabrics, and carpets and rugs from yarn.

c. Processes involved in the dyeing and finishing of fibers, yarn fabrics, and knit apparel.

d. Apparel and other finished products made from fabric and similar materials, integrated manufacturing of knit apparel and other finished articles of yarn, manufacturing of felt goods (e.g. wool), lace goods, non-woven fabrics, miscellaneous textiles, and other apparel products.

e. Leather and leather products, except leather tanning and finishing.

3. Limitations on Authorization

Discharges of wastewater (e.g. wastewater resulting from wet processing or from any processes relating to the production process), reused or recycled water, and waters used in cooling towers are not authorized under this permit.

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training.

As part of the employee training program, the Permittee shall address the following activities:

1. Use of reused and recycled waters.

2. Solvents management.

3. Proper disposal of dyes.

4. Proper disposal of petroleum products and spent lubricants.

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater from material handling operations by using the following:

1. Spill and overflow protection.

2. Covering or enclosing areas where the transfer of materials occurs. The Permittee shall address the replacement or repair of leaking connections, valves, transfer lines, and pipes that carry chemicals, dyes, or wastewater.

f. Spills and Leaks (No additional requirements).

g. Management of runoff (No additional requirements).

h. Other Industry Specific Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map (No additional requirements).

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following additional sources and activities that have potential pollutants associated with them:

1. Backwinding.

2. Beaming.

3. Bleaching.

4. Backing bonding.

5. Carbonizing.

6. Carding.

7. Cut and sew operations.

8. Desizing.

9. Drawing.

10. Dyeing locking.

11. Fulling, knitting.

12. Mercerizing.

13. Opening.

14. Packing.

15. Plying.

16. Scouring.

17. Slashing.

18. Spinning.

19. Synthetic-felt processing.

20. Textile waste processing.

21. Tufting.

22. Turning.

23. Weaving.

24. Web forming.

25. Winging.

26. Yarn spinning.

27. Yarn texturing.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table V-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - V: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Value
V1 - Textile, Fabric, & Apparel Manufacturing, Leather & Leather Products Solids, Total Suspended (TSS) 100 mg/L 1

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector V industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

W. Furniture and Fixtures

1. Authorized Stormwater Discharges

The requirements in Sector W apply to stormwater discharges associated with industrial activity from furniture and fixtures facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector W

Permittees under Sector W are primarily engaged in the following types of activities:

a. Furniture and fixtures.

b. Wood kitchen cabinets.

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls (No Additional Requirements)

6. SWPPP Requirements (No Additional Requirements)

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table W-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - W: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Value
W1 - Furniture and Fixtures Solids, Total Suspended (TSS) 100 mg/L 1

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector W industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management. See Appendix C for requirements.

X. Printing and Publishing

1. Authorized Stormwater Discharges

The requirements in Sector X apply to stormwater discharges associated with industrial activity from printing and publishing facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector X

Permittees under Sector X are primarily engaged in the following types of activities:

a. Book printing.

b. Commercial printing and lithographics.

c. Platemaking and related services.

d. Commercial printing, gravure.

e. Commercial printing, not elsewhere classified.

3. Limitation on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls Measures

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections (No additional requirements).

e. Preventive Maintenance.

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater runoff from blanket wash areas and mixing solvent areas. The Permittee shall have BMPs that address the replacement or repair of leaking connections, valves, transfer lines, and pipes that may carry chemicals or wastewater.

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map (No additional requirements).

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

1. Significant dust or particulate generating processes, and onsite waste disposal practices (e.g. blanket wash).

2. The Permittee shall also identify the pollutant parameter (e.g. oil and grease, scrap metal) associated with each pollutant source.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table X-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - X: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
X1 - Printing and Publishing Solids, Total Suspended (TSS) 100 mg/L 2
Silver, Total (as Ag) 0.0041 mg/L 1

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector X industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

Y. Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries

1. Authorized Stormwater Discharges

The requirements in Sector Y apply to stormwater discharges associated with industrial activity from rubber, miscellaneous plastic products, and miscellaneous manufacturing facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector Y

Permittees under Sector Y are primarily engaged in the following types of activities:

a. Manufacturing of tires and inner tubes.

b. Rubber and plastic footwear.

c. Gaskets, packing and sealing devices, and rubber hose and belting.

d. Fabricated rubber products.

e. Manufacturing of miscellaneous plastics products.

f. Musical instruments.

g. Dolls, toys, games, and sporting and athletic goods.

h. Pens, pencils, and other artists’ materials.

i. Costume jewelry, costume novelties, buttons, pins, and needles.

j. Miscellaneous notions, except precious metal.

3. Limitation on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections (No additional requirements).

e. Preventive Maintenance.

1. The Permittee shall describe and implement specific controls to minimize contact of zinc with stormwater discharges by:

a. Using chemicals purchased in pre-weighed, sealed polyethylene bags.

b. Storing in-use materials in sealable containers.

c. Ensuring an airspace between the container and the cover to minimize “puffing” losses when the container is opened.

d. Using automatic dispensing and weighing equipment.

e. Replacing or repairing improperly operating dust collectors or baghouses.

2. The Permittee shall describe and implement specific controls to minimize contact of plastic resin pellets with stormwater discharges.

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Stormwater Controls (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map (No additional requirements).

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall review the use of zinc at the facility and the possible pathways through which zinc may be discharged into stormwater. The Permittee shall list the materials and activities at the facility that are sources of zinc.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table Y-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - Y: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
Y1 Fabricated Rubber Products Zinc, Total (as Zn) 0.234 mg/L 1
Lead, Total (as Pb) 0.164 mg/L 1
Solids, Total Suspended (TSS) 100 mg/L 2
Y2 Plastic Products Solids, Total Suspended (TSS) 100 mg/L 2

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector Y industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

Z. Leather Tanning and Finishing

1. Authorized Stormwater Discharges

The requirements in Sector Z apply to stormwater discharges associated with industrial activity from leather tanning and finishing facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector Z

Permittees under Sector Z are primarily engaged in leather tanning, currying, and finishing activities.

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections (No additional requirements).

e. Preventive Maintenance.

1. The Permittee shall store pallets and bales of raw, semi-processed, or finished tannery by-products (e.g. splits, trimmings, shavings) indoors or these materials must be protected by polyethylene wrapping, tarpaulins, or roofed storage.

2. The Permittee shall to the extent feasible store materials on an impermeable surface and enclose or put berms (or equivalent measures) around these areas.

3. The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater runoff with leather dust from buffing and shaving areas. The Permittee shall use dust collection systems and assure that they are operating properly.

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Industry Specific Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify on the facility map where any of the following may be exposed to stormwater:

1. Processing and storage areas of the beamhouse.

2. Tanyard.

3. Re-tan wet finishing and dry finishing operations.

4. Haul roads and access roads.

5. Rail spurs.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

1. Temporary or permanent storage of fresh and brine-cured hides.

2. Extraneous hide substances and hair.

3. Leather dust, scraps, trimmings, and shavings.

4. Chemical drums, bags, containers.

5. Empty chemical containers and bags.

6. Spent solvents.

7. Floor sweepings and washings.

8. Refuse, waste piles, and sludge.

9. Significant dust/particulate generating processes (e.g. buffing).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table Z-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - S2: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
Z1 Leather Tanning and Finishing Solids, Total Suspended (TSS) 100 mg/L 2
Chromium, Total (as Cr) 3.5 mg/L 1
BOD, Carbonaceous 05 Day (20 Deg C) 25 mg/L

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector Z industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

AA. Fabricated Metal Products

1. Authorized Stormwater Discharges

The requirements in Sector AA apply to stormwater discharges associated with industrial activity from fabricated metal products facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector AA

Permittees under Sector AA are primarily engaged in the following types of activities:

a. Fabricated metal products, except machinery and transportation equipment and cutting.

b. Jewelry, silverware, and plated ware.

c. Fabricated metal coating, engraving, and allied services.

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping.

1. The Permittee shall describe and implement measures for controlling or recovering scrap metals, fines, and metal dust. The Permittee shall include measures for containing materials within storage and handling areas.

2. The Permittee shall describe and implement measures for storage of metal working fluids.

d. Inspections.

1. The Permittee shall inspect the following areas where the potential for exposure to stormwater exists:

a. Areas associated with spent solvents.

b. Chemical storage areas.

c. Outdoor paint areas.

2. In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance.

The Permittee shall describe and implement measures to prevent or minimize exposure of paint and painting equipment to stormwater.

f. Spills and Leaks.

1. The Permittee shall describe and implement measures to control and clean up spills of solvents and other liquid cleaners, control sand buildup and disbursement from sand-blasting operations, and prevent exposure of recyclable wastes including rinse waters.

2. The Permittee shall use monitoring equipment or other devices to detect and control leaks and overflows of lubricating oil and hydraulic fluid. The Permittee shall install perimeter controls or equivalent measures.

g. Management of Runoff (No additional requirements).

h. Other Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. Raw metal storage areas.

2. Finished metal storage areas.

3. Scrap disposal collection sites.

4. Retention and detention basins.

5. Temporary and permanent diversion dikes or berms.

6. Right-of-way or perimeter diversion devices.

7. Sediment traps and barriers.

8. Processing areas, including outdoor painting areas.

9. Wood preparation.

10. Recycling.

11. Raw material storage.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources.

The Permittee shall describe the following additional sources that have potential pollutants associated with them. Potential pollutants include chromium, zinc, lubricating oil, solvents, aluminum, oil and grease, methyl ethyl ketone, steel, and related materials.

1. Operations for paints, chemicals, and scrap metals.

2. Outdoor manufacturing or processing activities such as grinding, cutting, degreasing, buffing, and brazing.

3. On-site waste disposal practices for spent solvents, sludge, pickling baths, shavings, ingot pieces, and refuse and waste piles.

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table AA-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - AA: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table</center>

Subsector Parameter Benchmark Values
AA1 Fabricated Metal Products Aluminum, Total (as Al) 1.5 mg/L
Iron, Total (as Fe) 1.0 mg/L
Zinc, Total (as Zn) 0.234 mg/L 1
Solids, Total Suspended (TSS) 100 mg/L 2
AA2 - Fabricated Metal Coating and Engraving Zinc, Total (as Zn) 0.234 mg/L 1
Solids, Total Suspended (TSS) 100 mg/L 2

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector AA industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

AB. Transportation Equipment and Industrial or Commercial Machinery

1. Authorized Stormwater Discharges

The requirements in Sector AB apply to stormwater discharges associated with industrial activity from transportation equipment and industrial or commercial machinery facilities as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector AB

Permittees under Sector AB are primarily engaged in the following types of activities:

a. Manufacturing engines and turbines.

b. Manufacturing farm and garden machinery and equipment.

c. Manufacturing construction, mining, and materials-handling machinery and equipment.

d. Manufacturing metalworking machinery and equipment.

e. Manufacturing special industry machinery, except metalworking machinery.

f. Manufacturing general industrial machinery and equipment.

g. Manufacturing refrigeration and service industry machinery.

h. Manufacturing miscellaneous industrial and commercial machinery and equipment.

i. Manufacturing motor vehicles and motor vehicle equipment.

j. Manufacturing aircraft and parts.

k. Manufacturing motorcycles, bicycles, and parts.

l. Manufacturing guided missiles and space vehicles and parts.

m. Manufacturing miscellaneous transportation equipment.

3. Limitation on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls

a. Employee Training (No additional requirements).

b. Erosion and Sedimentation Controls (No additional requirements).

c. Good Housekeeping (No additional requirements).

d. Inspections.

In addition to the inspection requirements outlined in Part III.G, the Permittee shall ensure that a total of two (2) of the required monthly inspections occur during runoff events, with at least one being performed during snow melt. Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge. If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials. Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, employee parking lots, natural areas, etc) is not required to be inspected.

e. Preventive Maintenance (No additional requirements).

f. Spills and Leaks (No additional requirements).

g. Management of Runoff (No additional requirements).

h. Other Stormwater Control Measures (No additional requirements).

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any vents and stacks from metal processing and similar operations are exposed to stormwater.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutant Sources (No additional requirements).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table AB-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - AB: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Subsector Benchmark Value
AB1 - Transportation Equipment and Industrial or Commercial Machinery Solids, Total Suspended (TSS) 100 mg/L 1

1If the Permittee is required to comply with Appendix A, part F.1, the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector AB industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.

AC. Electronic and Electrical Equipment and Components, Photographic and Optical Goods

1. Authorized Stormwater Discharges

The requirements in Sector AC apply to stormwater discharges associated with industrial activity from facilities that manufacture electronic and electrical equipment and components and photographic and optical goods as identified by the industrial activity code specified in Table 5 of Appendix D.

2. Industrial Activities Authorized by Sector AC

Permittees under Sector AC are primarily engaged in the following types of activities:

a. Manufacturing of measuring, analyzing, and controlling instruments, photographic and optical goods, watches and clocks.

b. Manufacturing of computer and office equipment.

c. Manufacturing of electronic and electrical equipment and components.

3. Limitations on Authorization (No Additional Limitations)

4. Sector-Specific Definitions (No Additional Definitions)

5. Stormwater Controls (No Additional Requirements)

6. SWPPP Requirements

In addition to the requirements of Part IV, the Permittee shall also comply with the following:

a. Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater:

1. Finished metal storage areas.

2. Scrap disposal collection sites.

3. Retention and detention basins.

4. Temporary and permanent diversion dikes or berms.

5. Right-of-way or perimeter diversion devices.

6. Sediment traps and barriers.

7. Processing areas, including outdoor painting areas.

8. Recycling areas.

b. Inventory of Exposed Materials (No additional requirements).

c. Potential Pollutants (No additional requirements).

d. Description of Stormwater Controls (No additional requirements).

7. Monitoring and Reporting Requirements In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table AC-1, below:

Sector-Specific Benchmark Values and Effluent Limitations: Sector - S2: Discharges may be subject to requirements for more than one sector or subsector.
Link to this table

Subsector Parameter Benchmark Values
AC1 Electronic, Electrical, Photographic, and Optical Goods Solids, Total Suspended (TSS) 100 mg/L 2
AC2 - Electronic & Electrical Equipment & Components, except Computers Solids, Total Suspended (TSS) 100 mg/L 2
Copper, Total (as Cu) 0.028 mg/L 1
Lead, Total (as Pb) 0.164 mg/L 1

1The benchmark values of some metals are influenced by water hardness. For these parameters, the Permittee may determine the hardness of the stormwater discharges to identify the applicable ‘hardness range’ for determining their benchmark value. See Table 4 of Appendix B for hardness dependent benchmark values in accordance with Minn. R. 7050.0222 and Minn. R. 7052.0100.
2If the Permittee is required to comply with [[APPENDIX A. SPECIAL REQUIREMENTS#F. Additional Required BMPs|Appendix A, part F.1], the benchmark value for Solids, Total Suspended (TSS) is 65 mg/L, instead of 100 mg/L.


8. Use of Infiltration Devices and/or Industrial Stormwater Ponds for Stormwater Treatment and Disposal

Sector AC industrial facilities are authorized to use designed infiltration devices or industrial stormwater ponds for stormwater management.


PART VIII. GENERAL PROVISIONS

A. Incorporation by Reference

This permit incorporates by reference the applicable portions of 40 CFR pts. 122, 123, and 124; Minn. R. chs. 7001, 7050, and 7090; and Minn. Stat. chs. 115 and 116, all of which are enforceable parts of this permit.

B. Liabilities

The Agency’s issuance of this permit does not release the Permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit. (Minn. R. 7001.0150, subp. 3[A].)

C. More Stringent Rules

The Agency’s issuance of this permit does not prevent the future adoption by the Agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the Permittee. (Minn. R. 7001.0150, subp. 3[B].)

D. Property Rights

This permit does not convey a property right or an exclusive privilege. (Minn. R. 7001.0150, subp. 3[C].)

E. Agency Obligation

The Agency’s issuance of this permit does not obligate the Agency to enforce local laws, rules, or plans beyond what is authorized by Minnesota statutes. (Minn. R. 7001.0150, subp. 3[D].)

F. Compliance

The Permittee shall perform the actions or conduct the activity authorized by this permit in accordance with the plans and specifications approved by the Agency, if required, and in compliance with the conditions of the permit. (Minn. R. 7001.0150, subp. 3[E].)

G. Toxic Pollutant Discharge

Notwithstanding the absence in this permit of an effluent limitation for any toxic pollutant, the Permittee shall not discharge a toxic pollutant except according to 40 CFR pts. 400 to 460 and Minn. R. 7050.0100 to 7050.0220 and 7055.0010 to 7055.0120, and any other applicable Agency rules. (Minn. R. 7001.1090, subp. 1[A].)

H. Operation and Maintenance

The Permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the Permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The Permittee shall install and maintain appropriate backup of auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible. (Minn. R. 7001.0150, subp. 3[F].)

I. Criminal Activity

The Permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the Agency or to the Commissioner by the permit. The Permittee shall immediately upon discovery report to the Commissioner an error or omission in these records, reports, plans, or other documents. (Minn. R. 7001.0150, subp. 3[G].)

J. Noncompliance

If the Permittee discovers, through any means, including notification by the Agency, that noncompliance with a condition of the permit has occurred, the Permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance. (Minn. R. 7001.0150, subp. 3[J].)

K. Subject to Enforcement Action and Penalties

Noncompliance with a term or condition of this permit subjects the Permittee to penalties provided by federal and state law set forth in section 309 of the Clean Water Act, United States Code, Title 33, Section 1319 as amended; and in Minn. Stat. § 115.071, including monetary penalties, imprisonment, or both. (Minn. R. 7001.1090, subp. 1[B].)

L. Records

The Permittee shall, when requested by the commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility authorized by the permit or regarding the conduct of the activity authorized by the permit. (Minn. R. 7001.0150, subp. 3[H].)

M. Confidential Information

Except for any records or other information determined to be confidential under Minn. Stat. § 116.075, subd. 2, all reports required by this permit shall be available for public inspection. In order to maintain data for confidential use of the Agency, pursuant to Minn. Stat. § 116.075, or as nonpublic data not on individuals or private data as it relates to individuals, pursuant to Minn. Stat. § 13.37, a person must affirmatively request such recognition by providing to the Commissioner a written request setting forth the statutory grounds and the reasons that justify the classification of the records or other information as not public. (Minn. R. 7000.1300, subp. 1.)

N. Inspection and Entry

When authorized by Minn. Stat. §§ 115.04, 115B.17, subd. 4, and 116.091; and upon presentation of proper credentials, the Agency, or an authorized employee or agent of the Agency, shall be allowed by the Permittee to enter at reasonable times upon the property of the Permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility authorized by the permit or pertaining to the activity authorized by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility authorized by the permit or pertaining to the activity authorized by the permit. (Minn. R. 7001.0150, subp. 3[I].)

O. Transfer of Ownership or Control

This permit is not transferable to any person without the express written approval of the Agency after compliance with the requirements of Minn. R. 7001.0190. A person to whom the permit has been transferred shall comply with the conditions of the permit. (R. 7001.0150, subp. 3[N].)

P. Liability Exemption

This permit authorizes the Permittee to perform the activities described in this permit under the conditions of the permit. In issuing this permit, the State and Agency assume no responsibility for any damage to persons, property or the environment caused by the activities of the Permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under this permit. To the extent the State and Agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Torts Claim Act, Minn. Stat. § 3.736. (Minn. R. 7001.0150, subp. 3[O].)

Q. Civil and Criminal Liability

Nothing in this permit shall be construed to relieve the Permittee from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit shall be construed to preclude the initiation of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. chs. 115 and 116, as amended; and any rules adopted thereunder.

R. Severability

The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby.


APPENDIX A. SPECIAL REQUIREMENTS

A. General Requirements

1. All applicable requirements of Appendix A are in addition to any requirements already specified in this permit.

2. The Permittee shall document and implement all appropriate changes to the SWPPP, including all industrial stormwater BMPs used to comply with Appendix A, in accordance with the documentation, conclusions, and other measures required in this Appendix.

3. If the terms and conditions of Appendix A cannot be met, the Permittee is not authorized to discharge industrial stormwater under this permit. The Permittee must notify the Agency and seek coverage under an individual NPDES/SDS permit in accordance with Minn. R. ch. 7001.

B. Specific Requirements for Industrial Facility Discharges Regulated Under Minn. R. 7050.0180, Nondegradation For Outstanding Resource Value Waters

1. Industrial facilities are not authorized to discharge industrial stormwater to the Outstanding Resource Value Waters listed under Part B.2 of this Appendix unless the Permittee complies with all terms and conditions of this permit, including the applicable elements of Part F of Appendix A. Appendix A, Part B, applies to any industrial facility that has a monitoring location from which a discharge flows to, and is within one mile of, the Outstanding Resource Value Water, if after the effective date the Outstanding Resource Value Water was designated, the industrial facility either:

a. Commenced discharging industrial stormwater, or

b. Changed industrial stormwater discharges in a manner (location, volume, or any other manner) such that an increase in one or more pollutants has occurred.

2. Restricted discharges as defined in Minn. R. 7050.0180, subp. 6, 6a, and 6b.

a. Lake Superior, except those portions identified as a prohibited discharges zone.

The Permittee shall comply with F.1.

b. The Mississippi River, those portions from Lake Itasca to the southerly boundary of Morrison County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981.

The Permittee shall comply with F.1.

c. Lake trout lakes, identified in Minn. R. 7050.0460 to 7050.0470.

The Permittee shall comply with F.1, and F.3.

d. Federal or state designated scenic or recreational river segments: Saint Croix river, entire length; Cannon River from northern city limits of Faribault to its confluence with the Mississippi River; North Fork of the Crow River from Lake Koronis outlet to the Meeker-Wright County line; Kettle River from north Pine County line to the site of the former dam at Sandstone; Minnesota River from Lac qui Parle dam to Redwood County state aid highway 11; Mississippi River from county state aid highway 7 bridge in Saint Cloud to northwestern city limits of Anoka; and Rum River from state aid Highway 27 bridge in Onamia to Madison and Rice streets in Anoka.

The Permittee shall comply with F.1.

e. Calcareous fens as identified in Minn. R. 7050.0180 subp. 6b.

The Permittee shall comply with F.1, and F.5.

C. Special requirements for industrial facilities that have a monitoring location from which a discharge flows to, and is within One Mile of, Trout Streams listed in Minn. R. 6264.0050, subp. 4.

The Permittee shall comply with F.1, and F.2.

D. Special requirements for industrial facilities that have a monitoring location from which a discharge flows to, and is within One Mile of, Trout Lakes listed in Minn. R. 6264.0050, subp. 2.

The Permittee shall comply with F.1, and F.3.

E. Special requirements for industrial facilities that have a monitoring location from which a discharge flows to, and is within One Mile of, Wetlands as defined in Minn. R. 7050.0186, subp 1a.B.

The Permittee shall comply with F.4.

F. Additional Required BMPs

If the Permittee cannot certify a condition of No Exposure, as described in Part I.I, the Permittee shall comply with the appropriate requirements below.

1. The Permittee shall develop and implement stormwater control measures, including BMPs that restrict the facility industrial stormwater discharges to the extent necessary to preserve the existing high quality, or to preserve the wilderness, scientific, recreational, or other special characteristics that make the water an Outstanding Resource Value Water. In addition, a benchmark value of 65 mg/L for Solids, Total Suspended (TSS) applies to the discharge at a benchmark monitoring location, instead of 100 mg/L as specified in the sector requirements of Part VII. If the Permittee has a waiver from the requirements to conduct benchmark monitoring in accordance with Part V.B.6, the benchmark value does not apply.

The SWPPP shall contain the following components;

a. A selection of industrial stormwater volume reduction and/or pollutant concentration reduction BMPs, designed to restrict industrial stormwater discharges to the designated water. The SWPPP shall include necessary calculations to demonstrate the effectiveness of the chosen BMPs in reducing volume and/or pollutant concentrations. BMP options the Permittee can consider for this purpose include, but are not limited to, removing industrial activities and/or significant materials from contact with rain or snowmelt, re-use of industrial stormwater, stormwater ponding, infiltration, filtration, porous pavement, constructed wetlands, evaporation, evapotranspiration, etc.

b. A narrative discussion describing how the Permittee will ensure the BMPs used will be monitored and maintained, long-term, to ensure the industrial facility will sustain restricted industrial stormwater discharges.

2. The Permittee shall design and implement BMPs specifically protecting the water quality of trout streams from excess temperature increases. Any associated calculations and design details shall be included with the SWPPP, as required by F.1.

3. The Permittee shall design and implement BMPs specifically protecting the water quality of trout lakes from excess phosphorus increases. Any associated calculations and design details shall be included with the SWPPP, as required by F.1.

4. The Permittee shall comply with the requirements of Minn. R. 7050.0186, WETLAND STANDARDS AND MITIGATION.

5. The Permittee shall seek approval from the Minnesota Department of Natural Resources (DNR) for all discharges to a Calcareous Fen. Any approved management plan and/or the Permittees petition to seek approval from the DNR shall be kept with the SWPPP or as a separate document.


APPENDIX B. CALCULATING HARDNESS IN DISCHARGE WATERS FOR HARDNESS DEPENDENT METALS

A. The Agency allows adjustment of benchmark values for seven hardness-dependent metals (i.e. cadmium, chromium +3, copper, lead, nickel, silver, and zinc) to provide flexibility in compliance with benchmark values in this permit. For any sector required to conduct benchmark monitoring for a hardness-dependent metal, the Agency includes “hardness ranges” from which benchmark values can be determined. The Permittee has the option to use the default value of 100 mg/L total hardness or to use another range if that is appropriate for the industrial stormwater discharge. To determine which hardness range to use, the Permittee must collect data on the hardness of the industrial stormwater discharge. Once the site-specific hardness data have been collected, the corresponding benchmark value for each metal is determined by comparing where the hardness data fall within 25 mg/L ranges, as shown in Table 4.

Hardness Ranges to Be Used to Determine Benchmark Values for Cadmium, Chromium +3, Copper, Lead, Nickel, Silver, and Zinc.
Link to this table

Benchmark Values (mg/L, total)
Standard Minn. R 7050.0222 Class 2A Minn. R 7050.0222 Class 2A&2B Minn. R 7052.0100 Minn. R 7050.0222 Class 2A&2B Minn. R 7052.0100 Minn. R 7050.0222 Class 2A&2B Minn. R 7050.0222 Class 2A&2B
Hardness in mg/L total Cadmium Cd 1Chromium + 3 Cr3 Copper Cu Lead Pb Nickel Ni Silver Ag Zinc Zn
100 or less 0.0078 3.4690 0.0280 0.1637</td 0.9383</td 0.0041</td 0.2341</td
>100-125 0.0090 3.8204 0.0313 0.1902</td 1.0366</td 0.0050</td 0.2586</td
>125-150 0.0112 4.5028 0.0479 0.2455</td 3.7133</td 0.0070</td 0.3066</td
>150-175 0.0136 5.1630 0.0560 0.3037</td 4.2770</td 0.0094</td 0.3532</td
>175-200 0.0159 5.8049 0.0641 0.3644</td 4.8275</td 0.0120</td 0.3987</td
>200-225 0.0184 6.4316 0.0722 0.4274</td 5.3667</td 0.0148</td 0.4433</td
>225-250 0.0208 7.0450 0.0801 0.4924</td 5.8962</td 0.0180</td 0.4871</td
>250-275 0.0233 7.6467 0.0881 0.5593</td 6.4172</td 0.0213</td 0.5302</td
>275-300 0.0258 8.2382 0.0959 0.6279</td 6.9306</td 0.0250</td 0.5727</td
>300-325 0.0284 8.8205 0.1038 0.6983</td 7.4371</td 0.0288</td 0.6146</td
>325-350 0.0309 9.3943 0.1116 0.7701</td 7.9374</td 0.0329</td 0.6560</td
350-375 0.0335 9.9605 0.1194 0.8435</td 8.4321</td 0.0372</td 0.6970</td
>375-400 0.0361 10.5197 0.1271 0.9182</td 8.9215</td 0.0417</td 0.7375</td
>400 0.0375 10.7968 0.1310 0.9561</td 9.1644</td 0.0440</td 0.7576</td

1Measured as Chromium, Total (as Cr)


B. How to Determine Hardness for Hardness-Dependent Parameters. If the Permittee chooses to determine hardness, the Permittee shall document the procedures used for determining hardness values. Hardness samples taken at the same time and location as benchmark samples is recommended because they will be representative of the actual monitored data. Statistical analysis of the hardness is encouraged if the Permittee has existing data over several year cycles. Once the hardness value is established, the Permittee is required to include this information with the Stormwater Monitoring Report so the Agency can make appropriate comparisons between the benchmark monitoring results and the corresponding benchmark value. The Permittee shall retain all calculations, reports, and monitoring data in accordance with Part II.C of the permit.


APPENDIX C. BENCHMARK MONITORING WAIVER FOR INDUSTRIAL STORMWATER INFILTRATION AND PONDING

This Appendix addresses requirements for the Benchmark Monitoring Waiver for industrial stormwater infiltration devices, and industrial stormwater ponds as defined in Appendix E. (Note that effluent limit monitoring is not exempt from monitoring.) The Benchmark Monitoring Waiver is not granted unless all applicable requirements of the permit, and specifically this Appendix, are complied with. Note that Parts III and VII of the permit have specific additional sector or subsector requirements regarding stormwater infiltration. Permittees must be in compliance with Part III and VII requirements in order to utilize infiltration or ponding as part of a stormwater treatment system. Violation of any specific requirements that may affect the operation of the industrial stormwater pond or infiltration device may result in revocation of the monitoring waiver.

Part I. Requirements for a Benchmark Monitoring Waiver for Infiltration Devices

Unless specifically prohibited from obtaining a Benchmark Monitoring Waiver under the sector or subsector requirements of Part VII, a Benchmark Monitoring Waiver is authorized for infiltration devices that are operated in accordance with the applicable requirements of the permit, including this Appendix. For infiltration devices that meet the requirements of a Benchmark Monitoring Waiver, bypasses or overflow of stormwater from storm events that exceed the Benchmark Monitoring Waiver design capacity (specified in this Appendix), are not required to be monitored for benchmark parameters. (Note that effluent limit monitoring is not exempt from monitoring.) To obtain a Benchmark Monitoring Waiver, the Permittee must comply with the following terms and conditions which shall be considered the least stringent acceptable values for obtaining a Benchmark Monitoring Waiver:

A. Design Requirements for a Benchmark Monitoring Waiver for Infiltration Devices

Infiltration devices shall be designed consistent with accepted engineering practices. Designs shall be approved by a professional engineer or other licensed professional. Accepted practices are generally described in the applicable portions of the Minnesota Stormwater Manual (Chapter 12-8 and other parts). Other applicable technical sources can be used as appropriate. The design shall meet the following minimum requirements for a Benchmark Monitoring Waiver:

1. Infiltration devices shall be designed and operated to infiltrate at a long term expected rate of no less than 0.2 inches per hour to no greater than 1.63 inches per hour. (See the Minnesota Stormwater Manual for detailed information on soils and long term versus perk test or infiltrometer measurements).

2. The infiltration device shall provide, at minimum, a storage volume that will contain the entire volume of runoff to the infiltration device, up to and including the 2-year, 24-hour storm event.

3. Infiltration devices shall infiltrate the design storage volume (which may be equal to or greater than the runoff from the 2 year event) within 48 hours at the long term infiltration rate. The calculated design volume of runoff shall be based on United States Weather Bureau Technical Paper 40 (USWB TP 40) and the runoff characteristics of the watershed to the infiltration device.

4. Infiltration devices shall have suitable soils to provide treatment at the design long term infiltration rate. Testing shall be conducted to ensure that the infiltration device stormwater storage area has at least three feet of suitable soils between the stormwater storage area and either groundwater, the soil elevation leaving evidence of seasonally saturated soils, or fractured bedrock, whichever is least. Soil testing shall be based on the appropriate testing recommendations of the Minnesota Stormwater Manual or equivalent professional sources.

B. Operation and Maintenance

1. The infiltration device shall be maintained and operated to meet the design criteria. In addition, outlets, overflows or bypasses shall be designed, maintained and modified as needed to expedite maintenance including periodic cleaning and repair. For example, pre-settling of solids, removal of floatable material, and other maintenance actions which allow the Permittee to provide effective long term operation of the infiltration device.

2. Newly constructed or up-graded infiltration devices shall be visually inspected after all precipitation events for 30 days after initiation of operation, and thereafter in accordance with inspection requirements outlined in Part III.F of the permit or, if applicable, Part VII of the permit, to ensure that infiltration is occurring at the appropriate rate and the device is operating correctly.

3. Appropriate access, equipment, and training for staff must be provided for operation and maintenance of the infiltration devices.

4. Permit violations regarding the design, operation, and maintenance of an infiltration device, may be grounds for the Agency to revoke the Benchmark Monitoring Waiver.

C. Documentation

The design basis for meeting the criteria for a Benchmark Monitoring Waiver under this part must be kept with the SWPPP. All design assumptions, operational and maintenance methods, tests, calculations and monitoring shall be kept with the SWPPP. Portions of the SWPPP that are essential to operations may be summarized with specific references, while design and reference documents must be made available within 72 hours of request.

Part II. Requirements for a Benchmark Monitoring Waiver for Industrial Stormwater Ponds

Unless specifically prohibited from obtaining a Benchmark Monitoring Waiver under the sector or subsector requirements of Part VII, a Benchmark Monitoring Waiver is authorized for industrial stormwater ponds that are operated in accordance with the applicable requirements of the permit, including this Appendix. For industrial stormwater ponds that meet the requirements of a Benchmark Monitoring Waiver, bypasses or overflow of stormwater from storm events that exceed the Benchmark Monitoring Waiver design capacity (specified in this Appendix), are not required to be monitored for benchmark parameters. (Note that effluent limit monitoring is not exempt from monitoring, under this part.) To obtain a Benchmark Monitoring Waiver, the Permittee must comply with the following terms and conditions which shall be considered the least stringent acceptable values for obtaining a Benchmark Monitoring Waiver.

A. Design Requirements for an Industrial Stormwater Pond Benchmark Monitoring Waiver

Industrial stormwater ponds qualifying for a Benchmark Monitoring Waiver shall be designed consistent with accepted engineering practices and approved by a professional engineer or other licensed professional. Generally accepted practices are described in the applicable portions of the Minnesota Stormwater Manual (Chapter 12-9 and other parts). Other applicable technical sources can be used as appropriate. The design shall meet the following minimum requirements:

1. The industrial stormwater pond must be designed to have a permanent dead storage volume, which is the volume below the normal outlet, that is equal to or exceeds the entire runoff volume to the pond which would result from the 5-year, 24-hour rainfall event (based on USWB TP 40).

2. The industrial stormwater pond shall be designed and operated to eliminate scour and re-suspending of sediment at high flows, so that benchmark values will be expected to be met up to the 10-year, 24-hour storm event (event based on USWB TP 40).

3. Industrial stormwater pond permanent storage (dead storage below the outlet) volume must be designed to eliminate scour and re-suspension of settled solids for the expected flow velocities. The maximum permanent storage (or dead storage) depth must be adjusted for the site conditions to provide enough sediment storage, and to prevent scour. The depth shall be limited to prevent anaerobic conditions from developing in the pool. The optimum depth in the permanent pool usually varies between 3 feet to 10 feet deep, depending on the site-specific conditions of flow and the nature of the pollutants.

4. Skimmers, screens, or equivalent collection devices shall be incorporated into the outlets so that floatable materials in the industrial stormwater pond will not be discharged. Such devices shall be inspected and maintained to prevent clogging or discharge of collected material. Collected materials shall be disposed of properly.

B. Operation and Maintenance

1. The industrial stormwater pond shall be maintained and operated to meet design criteria. In addition, outlets, overflows or bypasses shall be designed, maintained and modified, as needed to expedite maintenance including periodic cleaning and repair. For example, pre-settling of solids, removal of floatable material, or other maintenance actions which allow the Permittee to provide effective long term operation of the industrial stormwater pond.

2. Newly constructed or up-graded industrial stormwater ponds shall be visually inspected after all precipitation events for 30 days after initiation of operation, and thereafter in accordance with inspection requirements outlined in Part III.F of the permit or, if applicable, Part VII of the permit, to ensure that the industrial stormwater pond is operating correctly.

<p>3. Access, equipment, and training for appropriate staff must be provided for operation and maintenance of the industrial stormwater pond.
<p>4. The Permittee shall operate and maintain all industrial stormwater ponds as required by this permit, including all applicable specific requirements of this Appendix and any restrictions in the sector or subsector specific requirements of Part VII. Permit violations regarding the design, operation, and maintenance of an industrial stormwater pond, may be grounds for the Agency to revoke the Benchmark Monitoring Waiver.

C. Documentation

All design assumptions, operational and maintenance methods, tests, calculations and monitoring shall be kept with the SWPPP. Portions of the SWPPP that are essential to operations may be summarized with specific references, while design and reference documents must be made available within 72 hours of request.

This page includes tables for each industrial sector and several tables captured as screen shots. You may view a table with industrial codes as a pdf document by clicking File:Appendix D.pdf.

APPENDIX D. SECTORS OF INDUSTRIAL ACTIVITIES AUTHORIZED

Eligibility for this permit is limited to facilities with an industrial activity (SIC code(s) or narrative activity) as defined in 40 CFR § 122.26(b)(14)(i)-(xi). Industrial activities have been grouped into 29 sectors. All references to sectors or subsectors in this permit refer to these groupings. Note: Narrative activities are those industrial activities that are described by a narrative (rather than an SIC code) and/or having a numeric effluent limit. Examples include, but are not limited to, sectors E, K, L, O and T.

Tables for individual sectors

Sector A - Timber products

Standard Industrial Classification (SIC) - Sector A, Timber products.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
A1 General Sawmills/Planing Mills 2421 Sawmills and Planing Mills, General
A2 Wood Preserving 2491 Wood Preserving
A3 Log Storage and Handling 2411 Logging
A4 Discharges from Wet Decking Storage Areas ANEL 1 Discharges from Wet Decking Storage Areas
A5 Hardwood Dimension and Flooring Mills 2426 Hardwood Dimension and Flooring Mills
2429 Special Product Sawmills, Not Elsewhere Classified
2431 Millwork
2435 Hardwood Veneer and Plywood
2436 Softwood Veneer and Plywood
2439 Structural Wood Members Not Elsewhere Classified
2448 Wood Pallets and Skids
2449 Wood Containers Not Elsewhere Classified
2451 Mobile Homes
2452 Prefabricated Wood Buildings and Components
2493 Reconstituted Wood Products
2499 Wood Products Not Elsewhere Classified
2441 Nailed and Lock Corner Wood Boxes and Shook

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector B - Paper and allied products manufacturing

Standard Industrial Classification (SIC) - Sector B, Paper and allied products manufacturing.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
B1 Pulp, Paper, Cardboard, Converted Paper, and Paperboard Products 2611 Pulp Mills
2621 Paper Mills
2631 Paperboard Mills
2652 Setup Paperboard Boxes
2653 Corrugated and Solid Fiber Boxes
2655 Paper Cans, Tubes, Drums, and Similar Products
2656 Sanitary Food Containers, Except Folding
2657 Folding Paperboard Boxes, Including Sanitary
2671 Packaging Paper and Plastics Film, Coated and Laminated
2672 Coated and Laminated Paper, Not Elsewhere Classified
2673 Plastics, Foils, and Coated Paper Bags
2674 Uncoated Paper and Multiwall Bags
2675 Die-cut Paper and Paperboard and Cardboard
2676 Sanitary Paper Products
2677 Envelopes
2678 Stationary, Tablets, and Related Products
2679 Converted Paper and paperboard Products, Not Elsewhere Classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector C - Chemical and allied products manufacturing

Standard Industrial Classification (SIC) Sector C - Chemical and allied products manufacturing.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
C1 Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, by-products or waste products CNEL2 Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, by-products or waste products
C2 Agricultural chemicals 2873 Nitrogenous fertilizers
2874 Phosphatic fertilizers
2875 Fertilizers, mixing only
2879 Pesticides and agricultural chemicals, not elsewhere classified
C3 Industrial inorganic chemicals 2812 Alkalies and chlorine
2813 Industrial gases
2816 Inorganic pigments
2819 Industrial inorganic chemicals, not elsewhere classified
C4 Soaps, detergents, cosmetics, perfumes 2841 Soap and other detergents, except specialty cleaners
2842 Specialty cleaning, polishing, and sanitation preparations
2843 Surface active agents, finishing agents, sulfonated oils, and assistants
2844 Perfumes, cosmetics, and other toilet preparations
C5 Plastics, synthetics, resins 2821 Plastic materials, synthetic resins, and nonvulcanizable elastomers
2822 Synthetic rubber (vulcanizable elastomers)
2823 Cellulosic manmade fibers
2824 Manmade organic fibers, except cellulosic
3952 Lead pencils, crayons, and artists' materials
C6 Medicinal chemicals and botanical products 2833 Medicinal chemicals and botanical products
2834 Pharmaceutical preparations
2835 In vitro and in vivo diagnostic substances
2836 Biological products, except diagnostic substances
2851 Paints, varnishes, lacquers, enamels, and allied products
2861 Gum and wood chemicals
2865 Cyclic organic crudes and intermediates, and organic dyes and pigments
2869 Industrial organic chemicals, not elsewhere classified
2891 Adhesives and sealants
2892 Explosives
2893 Printing ink
2895 Carbon black
2899 Chemicals and chemical preparations. not elsewhere classified
C7 Ethanol facilities 2869 industrial organic chemicals, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector D - Asphalt paving and roofing materials and lubricant manufacturing

Standard Industrial Classification (SIC) Sector D - Asphalt paving and roofing materials and lubricant manufacturing.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
D1 Asphalt paving and roofing materials 2951 Asphalt paving mixtures and blocks
2952 Asphalt felts and coatings
D2 Discharge from production of asphalts emulsions areas DNEL3 Asphalts paving mixtures and blocks
DNEL3 Asphalt felts and coatings
D3 Miscellaneous products of petroleum and coal 2992 Lubricating oils and greases
2999 Products of petroleum and coal, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector E - Glass, clay, cement, concrete, and gypsum products

Standard Industrial Classification (SIC) Sector E - Glass, clay, cement, concrete, and gypsum products.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
E1 Clay product manufacturers 3251 Brick and structural clay tile
3253 Ceramic wall and floor tile
3255 Clay refractories
3259 Structural clay products, not elsewhere classified
3261 Vitreous china plumbing fixtures and china and earthenware fittings and bathroom accessories
3262 Vitreous china table and kitchen articles
3263 Fine earthenware (whiteware) table and kitchen articles
3264 Porcelain electrical supplies
3269 Pottery products, not elsewhere classified
E2 Concrete and gypsum product manufacturers 3271 Concrete block and brick
3272 Concrete products, except block and brick
3273 Ready-mixed concrete
3274 Lime
3275 Gypsum products
E3 Cement manufacturing facility, material storage runoff CMF Cement manufacturing facility, material storage runoff
E4 Glass, stone, abrasive, and asbestos manufacturing 3211 Flat glass
3221 Glass containers
3229 Pressed and blown glass and glassware, not elsewhere classified
3231 Glass products, made of purchased glass
3241 Cement, hydraulic
3281 Cut stone and stone products
3291 Abrasive products
3295 Minerals and earths, ground or otherwise treated
3296 Mineral wool
3297 Nonclay refractories
3299 Nonmettalic mineral products, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector F - Primary metals

Standard Industrial Classification (SIC) Sector F - Primary metals.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
F1 Steel works, blast furnaces, and rolling and finishing mills 3312 Steel works, blast furnaces (Including coke ovens), and rolling mills
3313 Electromettalurgical products, except steel
3315 Steel wiredrawing and steel nails and spikes
3316 Cold-rolled steel sheet, strip, and bars
3317 Steel pipe and tubes
F2 Iron and steel foundries 3321 Gray and ductile iron foundries
3322 Malleable iron foundries
3324 Steel investment foundries
3325 Steel foundries, not elsewhere classified
F3 Rolling, drawing, and extruding of nonferrous metals 3351 Rolling, drawing, and extruding of copper
3353 Aluminum sheet, plate, and foil
3354 Aluminum extruded products
3355 Aluminum rolling and drawing, not elsewhere classified
3356 Rolling, drawing, and extruding of nonferrous metals, except copper and aluminum
3357 Drawing and insulating of nonferrous wire
F4 Nonferrous foundries 3363 Aluminum die-castings
3364 Nonferrous die-castings, except aluminum
3365 Aluminum foundries
3366 Copper foundries
3369 Nonferrous foundries, except aluminum and copper
F5 Primary and secondary smelting and refining of nonferrous metals and miscellaneous primary metal products 3331 Primary smelting and refining of copper
3334 Primary production of aluminum
3339 Primary smelting and refining of nonferrous metals, except copper and aluminum
3341 Secondary smelting and refining of nonferrous metals
3398 Metal heat treating
3399 Primary metal products, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector G - Metal mining (ore mining and dressing)

Standard Industrial Classification (SIC) Sector G - Metal mining (ore mining and dressing).
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
G1 Active copper ore mining, dressing facilities 1021 Copper ores
G2 Active metal mining facilities 1011 Iron ores
1021 Copper ores
1031 Lead and zinc ores
1041 Gold ores
1044 Silver ores
1061 Ferroalloy ores, except vanadium
1081 Metal mining services
1094 Uranium-radium-vanadium ores
1099 Miscellaneous metals ores, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector H - Coal mines and coal mining-related facilities

Standard Industrial Classification (SIC) Sector H - Coal mines and coal mining-related facilities.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
H1 Coal mines and related areas 1221 Bituminous coal and lignite surface mining
1222 Bituminous coal underground mining
1231 Anthracite mining
1241 Coal mining service

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector I - Oil and gas extraction and refining

Standard Industrial Classification (SIC) Sector I - Oil and gas extraction and refining.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
I1 Oil and gas extraction 1311 Crude petroleum and natural gas
1321 Natural gas liquids
1381 Drilling oil and gas wells
1382 Oil and gas field exploration services
1389 Oil and gas field services, not elsewhere classified
I2 Oil refining 2911 Petroleum refining

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector J - Mineral mining and dressing

Standard Industrial Classification (SIC) Sector J - Mineral mining and dressing.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
J1 Sand and gravel mining 1442 Construction sand and gravel
1446 industrial sand
J2 Dimension, crushed stone, nonmetallic minerals 1411 Dimension stone
1422 Crushed and broken limestone
1423 Crushed and broken granite
1429 Crushed and broken stone, not elsewhere classified
1481 Nonmetallic minerals services, except fuels
1499 Miscellaneous nonmetallic minerals, except fuels
J3 Clay, ceramic, refractory materials, chemical and fertilizer mineral mining 1455 kaloin and ball clay
1459 Clay, ceramic, and refractory minerals, not elsewhere classified
1474 potash, soda, and borate minerals
1475 Phosphate rock
1479 Chemical and fertilizer mineral mining, not elsewhere classified
J4 Mine dewatering discharges at construction sand and gravel, or industrial sand mining facilities (SIC codes 1442 and 1446) JNEL4 Construction sand and gravel
JNEL4 Industrial sand

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector K - Hazardous waste treatment storage, or disposal facilities

Standard Industrial Classification (SIC) Sector K - Hazardous waste treatment storage, or disposal facilities.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
K1 Industrial activity code HZ. Standard Industrial Classification (SIC) Sector K - Hazardous waste treatment storage, or disposal facilities HZ1 Industrial activity code HZ. Standard Industrial Classification (SIC) Sector K - Hazardous waste treatment storage, or disposal facilities
K2 Discharges from hazardous waste landfills subject to effluent limitations in 40 CFR Part 445 Subpart A HZ2 Discharges from hazardous waste landfills subject to effluent limitations in 40 CFR Part 445 Subpart A

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector L - Landfills and land application sites

Standard Industrial Classification (SIC) Sector L - Landfills and land application sites.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
L1 Municipal solid waste landfill (MSWLF) areas closed in accordance with 40 CFR 258.60 LF1 Municipal solid waste landfill (MSWLF) areas closed in accordance with 40 CFR 258.60
L2 Any open or closed nonhazardous waste landfills and land application sites, which do not discharge to surface water(s), stormwater that has directly contacted solid waste LF2 Any open or closed nonhazardous waste landfills and land application sites, which do not discharge to surface water(s), stormwater that has directly contacted solid waste
L3 Any landfill that discharges to surface water(s), stormwater that has directly contacted solid waste (pursuant to 40 CFR pt. 445, subp. B) LF3 Any landfill that discharges to surface water(s), stormwater that has directly contacted solid waste (pursuant to 40 CFR pt. 445, subp. B)

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector M - Automobile salvage yards

Standard Industrial Classification (SIC) Sector M - Automobile salvage yards.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
M1 Automobile salvage yards 5015 Motor vehicle parts, used

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector N - Scrap recycling and waste recycling facilities

Standard Industrial Classification (SIC) Sector N - Scrap recycling and waste recycling facilities.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
N1 Scrap recycling facilities 5093 Scrap and waste materials

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector O - Steam electric generating facilities

Standard Industrial Classification (SIC) Sector O - Steam electric generating facilities.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
O1 Coal fired and oil fired steam electric generating facilities SE1 Coal fired and gas fired steam electric generating facilities
O2 Nuclear, natural gas fired, and any other fuel source used for steam electric generation SE2 Nuclear, natural gas fired, and any other fuel source used for steam electric generation
O3 Runoff from coal storage piles at steam electric generating facilities SE3 Runoff from coal storage piles at steam electric generating facilities

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector P - Rail transportation and warehousing

Standard Industrial Classification (SIC) Sector P - Rail transportation and warehousing.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
P1 Rail transportation facilities 4011 Railroads, line-hauling operating
4013 Railroad switching and terminal establishments
P2 Petroleum bulk oil stations and terminals 5171 Petroleum bulk stations and terminals
P3 Motor vehicle facilities 4111 Local and suburban transport
4119 Local passenger transportation, not elsewhere classified
4121 Taxicabs
4131 Intercity and rural bus transportation
4141 Local bus charter service
4142 Bus charter service, except local
4151 School buses
4173 Terminal and service facilities for motor vehicle passenger transportation
4212 Local trucking without storage
4213 Trucking, except local
4214 Local trucking with storage
4215 Courier services, except by air
4226 Special warehousing and storage, not elsewhere classified
4231 Terminal and joint terminal maintenance facilities for motor freight transportation
4311 Unites States Postal Service
P4 Warehousing and storage: general warehousing, farm product warehousing, refrigerated warehousing 4221 Farm product warehousing and storage
4222 Refrigerated warehousing and storage
4225 General warehousing and storage

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector Q - Water transportation

Standard Industrial Classification (SIC) Sector Q - Water transportation.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
Q1 Water transportation facilities 4412 Deep sea foreign transportation of freight
4424 Deep sea domestic transportation of freight
4432 freight transportation on the Great Lakes-St. Lawrence Seaway
4449 Water transportation of freight, not elsewhere classified
4481 Deep sea transportation of passengers, except by ferry
4482 Ferries
4489 Water transportation of passengers, not elsewhere classified
4491 Marine cargo handling
4492 Towing and tugboat services
4493 Marinas
4499 Water transportation services, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector R - Ship and boat building and repair yards

Standard Industrial Classification (SIC) Sector R - Ship and boat building and repair yards.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
R1 Ship and boat building and repair yards 3731 Ship building and repairing
3732 Boat building and repairing

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector S - Air transportation

Standard Industrial Classification (SIC) Sector S - Air transportation.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
S1 Airports that use more than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons or more or urea on an average annual basis 4512 Air transportation, scheduled
4513 Air courier services
4522 Air transportation, nonscheduled
4581 Airports, flying fields, and airport terminal services
S2 Airports that use less than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons or more or urea on an average annual basis 4512 Air transportation, scheduled
4513 Air courier services
4522 Air transportation, nonscheduled
4581 Airports, flying fields, and airport terminal services

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector T - Treatment works

Standard Industrial Classification (SIC) Sector T - Treatment works.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
T1 Treatment works TW Treatment works

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector U - Food and kindred products

Standard Industrial Classification (SIC) Sector U - Food and kindred products.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
U1 Grain mill products 2041 Flour and other grain mill products
2043 Cereal breakfast foods
2044 Rice milling
2045 Prepared flour mixes and doughs
2046 Wet corn milling
2047 Dog and cat food
2048 Prepared feed and feed ingredients for animals and fowls, except dogs and cats
U2 Fats and oils products 2074 Cottonseed oil mills
2075 Sotbean oil mills
2076 Vegetable oil mills, except corn, cottonseed, and soybean
2077 Animal and marine fats and oils
2079 Shortening, table oils, margarine, and other edible fats and oils, not elsewhere classified
U3 Food and tobacco products, food preparation facilities 2011 Meat packing plants
2013 Sausages and other prepared meat products
2015 Poultry slaughtering and processing
2021 Creamery butter
2022 Natural, processed, and imitation cheese
2023 Dry, condensed, and evaporated dairy products
2024 ice cream and frozen desserts
2026 Fluid milk
2032 Canned specialties
2033 Canned fruits, vegetables, preserves, jams, and jellies
2034 Dried and dehydrated fruits, vegetables, and soup mixes
2035 Pickled fruits and vegetables, vegetable sausages and seasonings, and salad dressings
2037 Frozen fruits, fruit juices, and vegetables
2038 Frozen specialties, not elsewhere classified
2051 Bread and other bakery products, except cookies and crackers
2052 Cookies and crackers
2053 Frozen bakery products, except bread
2061 Cane sugar, except refining
2062 Cane sugar refining
2063 Beet sugar
2064 Candy and other confectionary products
2066 Chocolate and cocoa products
2067 Chewing gum
2068 Salted and roasted nuts and seeds
2082 Malt beverages
2083 Malt
2084 Wines, brandy, and brandy spirits
2085 Distilled and blended liquors
2086 Bottled and canned soft drinks and carbonated waters
2087 Flavoring extracts and flavoring syrups, not elsewhere classified
2091 Canned and cured fish and seafoods
2092 Prepared fish or frozen fish and seafoods
2095 Roasted coffee
2096 Potato chips, corn chips, and similar snacks
2097 Manufactured ice
2098 Macaroni, spaghettis, vermicelli, and noodles
2099 Food preparations, not elsewhere classified
2111 Cigarettes
2121 Cigars
2131 Chewing and smoking tobacco and snuff
2141 Tobacco stemming and redrying

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector V - Textile mills, apparel, and other fabric products manufacturing

Standard Industrial Classification (SIC) Sector V - Textile mills, apparel, and other fabric products manufacturing.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
V1 Textile mills, fabric, & apparel manufacturing, leather & leather products 2211 Broadwoven fabric mills, cotton
2221 Broadwoven fabric mills, manmade fiber and silk
2231 Broadwoven fabric mills, wool (Including dyeing and finishing)
2241 Narrow fabric and other smallware mills: Cotton, wool, silk, and manmade fiber
2251 Women's full-length and knee-length hosiery, except socks
2252 Hosiery, not elsewhere classified
2253 Knit outerwear mills
2254 Knit underwear and nightwear mills
2257 Weft knit fabric mills
2258 Lace and warp knit fabric mills
2259 Knitting mills, not elsewhere classified
2261 Finishers of broadwoven fabrics of cotton
2262 Finishers of broadwoven fabrics of manmade fiber and silk
2269 Finishers of textiles, not elsewhere classified
2273 Carpets and rugs
2281 Yarn spinning mills
2282 Yarn texturizing, throwing, twisting, and winding mills
2284 Thread mills
2295 Coated fabrics, not rubberized
2296 Tire cord and fabrics
2297 Non-woven fabrics
2298 Cordage and twine
2299 Textile goods, not elsewhere clssified
2311 Man's and boy's suits, coats, and overcoats
2321 Men's and boy's shirts, except work shirts
2322 Men's and boy's underwear and nightware
2323 Men's and boy's neckwear
2325 man's and boys separate trousers and slacks
2326 Men's and boys work clothing
2329 Men's and boy's clothing, not elsewhere classified
2331 Women's. misses', and juniors' blouses and shirts
2335 Women's. misses', and juniors' dresses
2337 Women's. misses', and juniors' suits, skirts, and coats
2339 Women's. misses', and juniors' outerwear, not elsewhere classified
2341 Women's, Misses', Children's, and infant's underwear and nightwear
2342 Brassieres, girdles, and allied garments
2353 Hats, caps, and millinery
2361 Girl's, children's, and infant's dresses, blouses, and shirts
2369 Girl's, children's, and infant's outerwear, not elsewhere classified
2371 Fur goods
2381 Dress and work gloves, except knit and all-leather
2384 Robes and dressing gowns
2385 Waterproof outerwear
2386 Leather and sheep-lined clothing
2387 Apparel belts
2389 Apparel and accessories, not elsewhere classified
2391 Curtains and draperies
2392 House furnishing, except curtains and draperies
2393 Textile bags
2394 Canvas and related products
2395 Pleating, decorative and novelty stitching, and tucking for the trade
2396 Automotive trimmings, apparel findings, and related products
2397 Schiffli machine embroideries
2399 Fabricated textile products, not elsewhere classified
3131 Boot and shoe cut stock and findings
3142 House slippers
3143 Men's footwear, except athletic
3144 Women's footwear, except athletic
3149 Footwear, except rubber, not elsewhere classified
3151 Leather gloves and mittens
3161 Luggage
3171 Women's handbags and purses
3172 Personal leather products, except women's handbags and purses
3199 Leather goods, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector W - Furniture and fixtures

Standard Industrial Classification (SIC) Sector W - Furniture and fixtures.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
W1 Furniture and fixtures 2434 Wood kitchen cabinets
2511 Wood household furniture, except upholstered
2512 Wood household furniture, upholstered
2514 Metal household furniture
2515 Mattresses, foundations, and convertible beds
2517 Wood television, radio, phonograph, and sewing machine cabinets
2519 Household furniture, not elsewhere classified
2521 Wood office furniture
2522 Office furniture, except wood
2531 Public building and related furniture
2541 Wood office and store fixtures, partitions, shelving, and lockers
2542 Office and store fixtures, partitions, shelving, and lockers, except wood
2591 Drapery hardware and window blinds and shades
2599 Furniture and fixtures, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector X - Printing and publishing

Standard Industrial Classification (SIC) Sector X - Printing and publishing.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
X1 Printing and publishing 2711 Newspapers: publishing, or publishing and printing
2721 Periodicals: publishing, or publishing and printing
2731 Books: publishing, or publishing and printing
2732 Book printing
2741 Miscellaneous publishing
2752 Commercial printing, lithographic
2754 Commercial printing, gravure
2759 Commercial printing, not elsewhere classified
2761 Manifold business forms
2771 Greeting cards
2782 Blankbooks, looseleaf binders and devices
2789 Bookbinding and related work
2791 Typesetting
2796 Platemaking and related services

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector Y - Rubber, miscellaneous plastic products, and miscellaneous manufacturing industries

Standard Industrial Classification (SIC) Sector Y - Rubber, miscellaneous plastic products, and miscellaneous manufacturing industries.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
Y1 Fabricated rubber products 3011 Tires and inner tubes
3021 Rubber and plastics footwear
3052 Rubber and plastics hose and belting
3053 Gaskets, packing, and sealing devices
3061 Molded, extruded, and lathe-cut mechanical rubber goods
3069 Fabricated rubber products, not elsewhere classified
Y2 Plastic products 3081 Unsupported plastics film and sheet
3082 Unsupported plastics profile shapes
3083 Laminated plastics plate, sheet, and profile shapes
3084 Plastics pipe
3085 Plastics bottles
3086 Plastics foam products
3087 Custom compounding of purchased plastics resins
3088 Plastics plumbing fixtures
3089 Plastics products, not elsewhere classified
3931 Musical instruments
3942 Dolls and stuffed toys
3944 Games, toys, and children's vehicles, excepts dolls and bicycles
3949 sporting and athletic goods, not elsewhere classified
3951 Pens, mechanical pencils, and parts
3953 Marking devices
3955 Carbon paper and inked ribbons
3961 Costume jewelry and costume novelties, except precious metals
3965 Fasteners, buttons, needles, and pins
3991 Brooms and brushes
3993 Signs and advertising specialties
3995 Burial caskets
3996 Linoleum, asphalted-felt-base, and other hard surface floor coverings, not elsewhere classified
3999 Manufacturing industries, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector Z - Leather tanning and finishing

Standard Industrial Classification (SIC) Sector Z - Leather tanning and finishing.
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Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
Z1 Leather tanning and finishing 3111 Leather tanning and finishing

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector AA - Fabricated metal products

Standard Industrial Classification (SIC) Sector AA - Fabricated metal products.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
AA1 Fabricated metal products 3411 Metal cans
3412 Metal shipping barrels, drums, kegs, and pails
3421 Cutlery
3423 Hand and edge tools, except machine tools and handsaws
3425 Saw blades and handsaws
3429 Hardware, not elsewhere classified
3431 Enameled iron and metal sanitary ware
3432 Plumbing fixture fittings and trim
3433 Heating equipment, except electric and warm air furnaces
3441 Fabricated structural metal
3442 Metals doors, sash, frames, molding, and trim manufacturing
3443 Fabricated plate work (Boiler shops)
3444 Sheet metal work
3446 Architectural and ornamental work
3448 Prefabricated metals buildings and components
3449 Miscellaneous structural metal work
3451 Screw machine products
3452 Bolts, nuts, screws, rivets, and washers
3462 Iron and steel forgings
3463 Nonferrous forgings
3465 Automotive stampings
3466 Crowns and closures
3469 Metals stampings, not elsewhere classified
3471 Electroplating, plating, polishing, anodizing, and coloring
3482 Smalls arms ammunition
3483 Ammunition, except for small arms
3484 Small arms
3489 Ordnance and accessories, not elsewhere classified
3491 Industrial valves
3492 Fluid power valves and hose fittings
3493 Steel springs, except wire
3494 Valves and pipe fittings, not elsewhere classified
3495 Wire springs
3496 Miscellaneous fabricated wire products
3497 Metal foil and leaf
3498 Fabricated pipe and pipe fittings
3499 Fabricated metal products, not elsewhere classified
3911 Jewelry, precious metal
3914 Silverware, plated ware, and stainless steel ware
3915 Jewelers' findings and materials, and lapidary work
AA2 Transportation equipment and industrial or commercial machinery 3479 Coating, engraving, and allied services, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector AB - Transportation equipment and industrial or commercial machinery

Standard Industrial Classification (SIC) Sector AB - Transportation equipment and industrial or commercial machinery.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
AB1 transportation equipment and industrial or commercial machinery 3511 Steam, gas, and hydraulic turbines, and turbine generator set units
3519 internal combustion engines, not elsewhere classified
3523 Farm machinery and equipment
3524 lawn and garden tractors and home lawn and garden equipment
3531 Construction machinery and equipment
3532 Mining machinery and equipment, except oil and gas field machinery and equipment
3533 Oil and gas field machinery and equipment
3534 Elevators and moving stairways
3535 Conveyors and conveying quipment
3536 Overhead traveling cranes, hoists, and monorail systems
3537 industrial trucks, tractors, trailers, and stackers
3541 Machine tools, metal cutting types
3542 machine tools, metal forming types
3543 industrial patterns
3544 Special dies and tools, die sets, jigs and fixtures, and industrial molds
3545 Cutting tools, machine tool accessories, and machinists' precision measuring devices
3546 Power-driven hand tools
3547 Rolling mill machinery and equipment
3548 electric and gas welding and soldering equipment
3549 metalworking machinery, not elsewhere classified
3552 Textile machinery
3553 Woodworking machinery
3554 Paper industries machinery
3555 Printing trades machinery and equipment
3556 Food products machinery
3559 Special industry machinery, not elsewhere classified
3561 Pumps and pumping equipment
3562 Ball and roller bearings
3563 Air and gas compressors
3564 industrial and commercial fans and blowers and air purification equipment
3565 Packaging machinery
3566 Speed changers, industrial high-speed drives, and gears
3567 Industrial process furnaces and ovens
3568 Mechanical power transmission equipment, not elsewhere classified
3569 General industrial machinery and equipment, not elsewhere classified
3581 Automatic vending machines
3582 Commercial laundry, dry cleaning, and pressing machines
3585 Air-conditioning and warm air heating equipment and commercial and industrial refrigeration equipment
3586 Measuring and dispensing pumps
3589 Service industry machinery, not elsewhere classified
3592 Carburetors, pistons, piston rings, and valves
3593 Fluid power cylinders and actuators
3594 Fluid power pumps and motors
3596 Scales and balances, except laboratory
3599 Industrial and commercial machinery equipment, not elsewhere classified
3711 Motor vehicles and passenger car bodies
3713 truck and bus bodies
3714 Motor vehicle parts and accessories
3715 Truck trailers
3716 Motor homes
3721 Aircraft
3724 Aircraft engines and engine parts
3728 Aircraft parts and auxiliary equipment, not elsewhere classified
3743 Railroad equipment
3751 Motorcycles, bicycles, and parts
3761 Guided missiles and space vehicles
3764 Guided missile and space vehicle propulsion units and propulsion unit parts
3769 Guided missile space vehicle parts and auxiliary equipment, not elsewhere classified
3792 Travel trailers and campers
3795 Tanks and tank components
3799 Transportation equipment, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Sector AC - Electronic and electrical equipment and components, photographic and optical goods

Standard Industrial Classification (SIC) Sector AC - Electronic and electrical equipment and components, photographic and optical goods.
Link to this table

Subsector Subsector description SIC - Narrative Activity SIC - Narrative Activity Description*
AC1 Electronic, electrical, photographic, and optical goods 3571 Electronic computers
3572 Computer storage devices
3575 Computer terminals
3577 Computer peripheral equipment, not elsewhere classified
3578 Calculaing and accounting machines, except electronic computers
3579 Office machines, not elsewhere classified
3812 Search, detection, navigation, guidance, aeronautical, and nautical systems and instruments
3821 Laboratory apparatus and furniture
3822 Automatic controls for regulating residential and commercial environments and appliances
3823 industrial instruments for measurement, display, and control of process variables; and related products
3824 Totalizing fluid meters and counting devices
3825 instruments for measuring and testing of electricity and electrical signals
3826 Laboratory analytical instruments
3827 Optical instruments and lenses
3829 measuring and controlling devices, not elsewhere classified
3841 Surgical and medical instruments and apparatus
3842 Orthopedic, prosthetic, and surgical appliances and supplies
3843 Dental equipment and supplies
3844 X-Ray apparatus and tubes and related irradiation apparatus
3845 Electromedical and electrotherapeutic apparatus
3851 Ophthalmic goods
3861 Photographic equipment and supplies
3873 Watches, clocks, clockwork operated devices, and parts
AC2 Electronic and electrical equipment and components, except computers 3612 Power, distribution, and specialty transformers
3613 Switchgear and switchboard apparatus
3621 Motors and generators
3624 Carbon and graphite products
3625 Relays and industrial controls
3629 Electrical industrial apparatus, not elsewhere classified
3631 Household cooking equipment
3632
3633 Household laundry equipment
3634 Electric housewares and fans
3635 Household vacuum cleaners
3639 Household appliances, not elsewhere classified
3641 Electric lamp bulbs and tubes
3643 Current-carrying wiring devices
3644 Noncurrent-carrying wiring devices
3645 Residential electric lighting fixtures
3646 Commercial, industrial, and institutional electric lighting fixtures
3647 Vehicular lighting equipment
3648 Lighting equipment, not elsewhere classified
3651 Household audio and viseo equipment
3652 Phonograph records and prerecorded audio tapes and disks
3661 Telephone and telephone apparatus
3663 Radio and television broadcasting and communications equipment
3669 Communications equipment, not elsewhere classified
3671 Electron tubes
3672 Printed circuit boards
3674 Semiconductors and related devices
3675 Electronic capacitors
3676 Electronic resistors
3677 Electronic coils, transformers, and other inductors
3678 Electronic connectors
3679 Electronic components, not elsewhere classified
3691 Storage batteries
3692 Primary batteries, dry and wet
3694 Electrical equipment for internal combustion engines
3695 Magnetic and optical recording media
3699 Electrical machniery, equipmet, and supplies, not elsewhere classified

*SIC codes and Narrative Activities (Nar. Act.) are defined by 122.26 (b)(14)(i) - (xi), except (x)


Screen shot images for each sector

Information: Click on an individual table image on this page to see an enlarged version of the table image or click on links in headers to go to individual table for that sector
Sectors of industrial activities authorized
Sector A - Timber Products (click on link to go to table for this sector)
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APPENDIX E. DEFINITIONS

Information: This page provides definitions for the Industrial Stormwater General Permit. Definitions for the Minnesota Stormwater Manual can be found in a glossary.

1. Agency” means the Minnesota Pollution Control Agency or MPCA. (Minn. Stat. § 116.36, subd. 2.)

2. “Benchmark Monitoring Location” for purposes of the industrial stormwater permit, means the location(s) within the boundary of the facility where the Permittee will collect stormwater samples for the purpose of compliance with the benchmark monitoring requirements of this permit. The benchmark monitoring location(s) selected by the Permittee shall be in a location that:

a. Is below the most down-gradient BMP from the source of industrial activity or significant materials, but prior to discharging from the Permittee’s operational control.

b. Minimizes or eliminates sampling of stormwater from off-site sources (run-on).

c. Yields a sample that best represents the contribution of pollutants the Permittee is required to monitor for in accordance with Part V, and that receives discharge from an area of industrial activities, processes, and significant materials exposed to stormwater.

3. “Best Management Practices” or “BMPs” means practices to prevent or reduce the pollution of waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. (Minn. R. 7001.1020, subp.5.)

4. “Co-located Industrial Activities” means any industrial activities at a facility defined by the stormwater regulations at 40 CFR § 122.26(b)(14)(i)-(ix) and (xi), other than the primary SIC Code or narrative activity.

5. “Commissioner” means the Commissioner of the Minnesota Pollution Control Agency or the Commissioner’s designee. (Minn. Stat. § 116.36, subd. 3.)

6. “Construction Activity” for this permit includes construction activity as defined in 40 CFR pt.122.26(b)(14)(x) and small construction activity as defined in 40 CFR pt. 122.26(b)(15). This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more.

7. “Effective Date” means the date the Agency made this permit available for application. The effective date is located on the front cover of this permit.

8. “Effluent Monitoring Location” for the purposes of this permit means the location(s) within the boundary of the facility where the Permittee will collect stormwater samples for the purpose of compliance with Part VI (Effluent Limit Monitoring Requirements). The effluent monitoring location(s) selected by the Permittee shall be in a location that:

a. Is immediately below the most down-gradient BMP from the specific industrial activity that has a numeric effluent limit, but prior to where the discharge co-mingles with stormwater from other sources.

b. Yields a sample that represents the contribution of the pollutants the Permittee is required to monitor for in accordance with Part VII, and that receives discharge from an area of industrial activities, processes, and significant materials exposed to stormwater that has a numeric effluent limit.

9. “Facility” for the purposes of this permit, means land that shares a common border and that has a stormwater discharge associated with industrial activity as defined by 40 CFR § 122.26(b)(14) with the discharge having a common owner/operator.

10. “Impaired Water” means waters identified as impaired by the Agency, and approved by the USEPA, pursuant to section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)).

11. “Impervious Surface” means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.

12. “Industrial Activity” means the eleven categories of industrial activity which are directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, as defined in 40 CFR § 122.26(b)(14)(i)-(xi). Not every industrial activity in this definition is eligible for authorization under this permit (e.g. construction activity); see Part I.A for eligibility criteria. (Minn. R. 7090.0080, subp.6.)

13. “Industrial Stormwater Pond” for purposes of the industrial stormwater permit means constructed detention or retention facilities for the treatment of stormwater runoff under the requirements of this permit. This includes permanent ponds, dry ponds, flow equalization ponds (followed by other BMPs), and constructed wetlands. However, natural wetlands (including types 1-8) and other natural surface water bodies are not industrial stormwater ponds, parts of ponds or pond systems, and cannot be used as BMPs for stormwater treatment unless mitigated in accordance with applicable state rules.

14. “Infiltration Device” for purposes of the industrial stormwater permit, means a device to which industrial stormwater runoff is diverted, collected, or conveyed for the purpose of infiltration. This includes all man-made and natural infiltration areas to which runoff is diverted. An infiltration device does not include the parts of the system that diverts, collects, or conveys industrial stormwater. Incidental infiltration from conveyances such as swales or ditches, including those with erosion prevention devices such as vegetation, silt fence, or fiber bails, is not an infiltration device. However, swales, ditches, or similar devices constructed with stop logs, ditch excavation for storage or other retention devices, which are for the purpose of increased infiltration, are infiltration devices. Wetlands (including types 1 through 8) and other natural surface water bodies are not infiltration devices or parts of infiltration device systems, and cannot be used as infiltration devices, unless mitigated in accordance with applicable state rules.

15. “Monitoring Location” means any Benchmark Monitoring Location (including those locations that are part of a representative location) and/or any Effluent Monitoring Location.

16. “Municipal separate storm sewer system or MS4” means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:

a. owned or operated by a state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district or similar entity, or an Indian tribe or an authorized Indian tribe organization, or a designated and approved management agency under section 208 of the federal Clean Water Act, United States Code, title 33, section 1288, that discharges into waters of the state;

b. designed or used for collecting or conveying storm water;

c. that is not a combined sewer; and

d. that is not part of a publicly owned treatment works as defined in Code of Federal Regulations, title 40, section 122.2.

Municipal separate storm sewer systems do not include separate storm sewers in very discrete areas, such as individual buildings. (Minn. R. 7090.0800, subp. 8).

17. “Narrative Activity” means those industrial activities as defined by 40 CFR § 122.26(b)(14)(i), (iv), (v), (vii) and (ix).

18. “No Exposure” means that all industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snow melt, or 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 products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, or waste product. (Minn. R. 7090.0080, subp.9.)

19. “Non-Stormwater Discharge” means any discharge not comprised entirely of stormwater.

20. “One Mile” for purposes of the industrial stormwater permit, means a direct horizontal distance of one mile measured from any monitoring location to the Ordinary High Water Level (Minn. Stat. 103G.005, subd. 14) where the stormwater discharge associated with industrial activity enters either an impaired water, or any water described in Appendix A of this permit.

21. “Operator” is the person responsible for the overall operation of an industrial facility under Minn. R. pt. 7090.3000. (Minn. R. 7090.0080, subp.10.)

22. “Owner” is the person who owns an industrial facility or part of an industrial facility under Minn. R. pt. 7090.3000. (Minn. R. 7090.0080, subp.11.)

23. “Permittee” means a person or persons, firm, or governmental agency or other institution that signs the permit application submitted to the Agency and is responsible for compliance with the terms and conditions of this permit.

24. “Person” means any human being, any municipality or other governmental or political subdivision or public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity, but does not include the MPCA. (Minn. Stat. § 116.06, subd. 17.)

25. “Primary Standard Industrial Classification (SIC) Code” for the purposes of the industrial stormwater permit, is the SIC code associated with the industrial activity that generates the greatest revenue. If revenue data is not available, the owner/operator shall base the determination on the number of employees engaged in the industrial activity. If it is not possible to determine the primary SIC code using either of these two methods, the owner/operator shall base the determination on the SIC code with the greatest production. The industrial activity that generates the greatest revenue, employs the most personnel, or has the greatest production, is the industrial activity assigned the primary SIC code.

26. "Significant Discharges" for purposes of the industrial stormwater permit means any industrial stormwater discharge that either 1) on or after January 1, 1988, commenced discharge from areas of industrial activities and/or significant materials greater than 90 acres, or 2) on or after January 1, 1988, discharges from areas of industrial activities and/or significant materials that have expanded cumulatively by greater than 90 acres.

27. “Significant Materials” includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA); fertilizers; released with stormwater discharges. When determining whether a material is significant, the physical and chemical characteristics of the material should be considered (e.g. the material’s solubility, transportability, and toxicity characteristics) to determine the material’s pollution potential. (40 CFR 122.26(b)(12).

28. “Stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage. (Minn. R. 7090.0080, subp.12.)

29. “Stormwater Discharge Associated with Industrial Activity” means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR 122. For the categories of industries identified in this section, the term includes, but is not limited to, stormwater discharges from:

  • Industrial plant yards.
  • Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility.
  • Material handling sites.
  • Refuse sites.
  • Sites used for the application or disposal of process waste waters (as defined at part 401 of this chapter).
  • Sites used for the storage and maintenance of material handling equipment.
  • Sites used for residual treatment, storage, or disposal.
  • Shipping and receiving areas.
  • Manufacturing buildings.
  • Storage areas (including tank farms) for raw materials, and intermediate and final products; and
  • Areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater.

For the purposes of this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product.

The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas.

Industrial facilities include those that are federally, State, or municipally owned or operated that meet the description of the facilities listed in 40 CFR (b)(14)(i) through (xi), except (x). The term also includes those facilities designated under the provisions of 40 CFR 122.26 (a)(1)(v).

30. “Stormwater Pollution Prevention Plan” or “SWPPP” means a plan for stormwater discharge that includes facility-specific activities and actions to, first, identify sources of pollution or contamination at the facility, and second, select and implement BMPs to eliminate or reduce contact of stormwater with significant materials that may result in polluted runoff from the facility.

31. “Surface Water or Waters” for purposes of the industrial stormwater permit, means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public, or private.

32. “Total Maximum Daily Load” or “TMDL” means the sum of the individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background, as more fully defined in Code of Federal Regulations, title 40, section 130.2, paragraph (i). A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into a water of the state and still assure attainment and maintenance of water quality standards. (Minn. R. 7052.0010 Subp. 42)

33. “USEPA” means the United States Environmental Protection Agency.

34. “Wasteload Allocation (WLA)” means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution, as more fully defined in Code of Federal Regulations, title 40, section 130.2, paragraph (h). In the absence of a TMDL approved by EPA under Code of Federal Regulations, title 40, section 130.7, or an assessment and remediation plan developed and approved according to part 7052.0200, subpart 1, item C, a WLA is the allocation for an individual point source that ensures that the level of water quality to be achieved by the point source is derived from and complies with all applicable water quality standards and criteria. (Minn. R. 7052.0010 Subp. 45)

35. “Water Quality Standards” means those provisions contained in Minn. R Chapters 7050 and 7052.

36. “Waters of the State” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (Minn. Stat. § 115.01, subd. 22.)

37. “Wetlands” are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:

1. A predominance of hydric soils.

2. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition.

3. Under normal circumstances support a prevalence of such vegetation. (Minn. R. 7050.0186, subp. 1a.B.)

ABBREVIATIONS AND ACRONYMS

  • BOD5 - Biochemical Oxygen Demand (5 day test)
  • BMP - Best Management Practice
  • CERCLA - Comprehensive Environmental Response, Compensation and Liability Act*CFR – Code of Federal Regulations
  • COD- Chemical Oxygen Demand
  • CWA – Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq)
  • DMR - Discharge Monitoring Report
  • EPA - U. S. Environmental Protection Agency
  • LA - Load Allocations
  • MS4 - Municipal Separate Storm Sewer System
  • NPDES - National Pollutant Discharge Elimination System
  • POTW - Publicly Owned Treatment Works
  • SDS – State Disposal System
  • SIC - Standard Industrial Classification
  • SPCC - Spill Prevention, Control, and Countermeasures
  • SWPPP - Stormwater Pollution Prevention Plan
  • TMDL - Total Maximum Daily Load
  • TSS - Total Suspended Solids
  • WLA - Wasteload Allocation

This page was last modified on 20 June 2013, at 09:16.

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