PART IV. Rights and Responsibilities

Part IV. Rights and Responsibilities

A. Permit Modifications to Protect Water Quality

The Commissioner may modify this permit or issue other permits, in accordance with Minn. R. 7001, to include more stringent effluent limitations, or permit requirements that modify, or are in addition to, the Minimum Control Measures in Part V.C of this permit, or both. These modifications may be based on the Commissioner’s determination that such limitations are needed to protect water quality.

B. Storm Sewer System Management

The management of the municipal separate storm sewer system shall be in compliance with the Clean Water Act and with the terms and conditions of this permit. The Permittee shall manage, operate, and maintain the storm sewer system and areas drained by the storm sewer system within the Permittee’s jurisdiction in a manner to reduce the discharge of pollutants to the Maximum Extent Practicable (MEP). The management may consist of a combination of BMPs, education, other control techniques, system design and engineering methods, and such other provisions as the Permittee and/or Commissioner determine to be appropriate.

C. Watershed-Based Permit

Watershed-based NPDES permitting is a process that emphasizes addressing all stressors within a hydrologically-defined drainage basin, rather than addressing individual pollutant sources within an area defined by a jurisdictional boundary on a discharge-by-discharge basis. The MPCA and the Permittee agree that watershed-based permitting is potentially a more effective means of regulating water quality-impacting activities. In the context of this permit, more effective regulation means improved water quality and less duplication and conflict in water quality regulation. Based on this agreement, the Permittee may submit, and the MPCA will consider, an application to amend this permit prior to the expiration of this permit.

D. Joint Permittees

1. The following entities are Joint Permittees under this permit. The titles "Joint Permittee" and "Permittee" shall be considered to be same and both refer to these entities and are used interchangeably:

a. City of Minneapolis by and through its City Council

b. City of Minneapolis by and through its Minneapolis Park and Recreation Board

2. Each Joint Permittee is individually liable for:

a. permit compliance for the discharges from portions of the storm sewer system of which it is the owner and/or operator; and

b. storm water management for discharges from portions of the storm sewer system of which it is the owner and/or operator.

3. The Joint Permittees are jointly and severally liable for:

a. compliance with Annual Reporting requirements;

b. ensuring funding for representative monitoring according to established agreements

c. ensuring implementation of any system-wide management program elements;

d. compliance on portions of the storm sewer system where operation, maintenance, or other authority has been transferred from one Joint Permittee to another in accordance with legally binding interagency agreements; and

e. compliance on portions of the storm sewer system where the Joint Permittees jointly own or operate the system.

4. The Joint Permittees shall enter into an agreement to define their individual responsibilities for meeting the requirements and conditions of this permit (Agreement). As part of the Agreement, the Joint Permittees shall define their individual responsibilities to assure that the operation, maintenance, monitoring, and management of this permit are completed. The Agreement shall include, but not be limited to the following items:

a. a designation of an Authorized Representative to serve as the coordinator of the Joint Permittees;

b. a delineation of responsibilities to assure all parts of the Storm Water Management Program are implemented and managed according to the conditions of this permit; and

c. a delineation of responsibilities for submittal of the Annual Report.

Alternatively, the Joint Permittees can define their individual responsibilities for meeting the requirements and conditions of this permit in the Stormwater Management Program.

5. A copy of the Agreement shall be submitted to the Commissioner within one hundred-eighty (180) days of the date of issuance of this permit. Any changes to the Agreement shall be submitted to the Commissioner within thirty (30) days of the final execution of the changes.