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− | + | ==SECTION 24 GENERAL PROVISIONS== | |
+ | |||
+ | ===24.1=== | ||
+ | <big>General Provisions.</big> | ||
+ | |||
+ | ===24.2=== | ||
+ | <big>If the MPCA determines that an individual permit would more appropriately regulate the [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_25_Definitions#25.6 construction activity], the MPCA may require an individual permit to continue the construction activity. Coverage under this general permit will remain in effect until the MPCA issues an individual permit.</big> | ||
− | == | + | ===24.3=== |
+ | <big>If the [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_25_Definitions#25.23 permittee] cannot meet the terms and conditions of this general permit, an owner may request an individual permit, in accordance with [https://www.revisor.mn.gov/rules?id=7001.0210 Minn. R. 7001.0210 subp. 6].</big> | ||
+ | |||
+ | ===24.4=== | ||
+ | <big>Any interested person may petition the MPCA to require an individual [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_25_Definitions#25.16 NPDES]/SDS permit in accordance with [https://www.gpo.gov/fdsys/pkg/CFR-2013-title40-vol23/pdf/CFR-2013-title40-vol23-sec122-28.pdf 40 CFR 122.28(b)(3)].</big> | ||
+ | |||
+ | ===24.5=== | ||
+ | <big>In addition to the requirement found in section 20, permittees must make the [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_25_Definitions#25.33 SWPPP], including all inspection reports, maintenance records, training records and other information required by this permit, available to federal, state, and local officials within three (3) days upon request for the duration of the permit and for three (3) years following the [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_25_Definitions#25.19 NOT].</big> | ||
+ | |||
+ | ===24.6=== | ||
+ | <big>Permittees may not assign or transfer this permit except when the transfer occurs in accordance with the applicable requirements of item [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_3_Application_and_Coverage_Effective_Date#3.7 3.7] and [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_3_Application_and_Coverage_Effective_Date#3.8 3.8].</big> | ||
+ | |||
+ | ===24.7=== | ||
+ | <big>Nothing in this permit must be construed to relieve the permittees from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit must be construed to preclude the initiation of any legal action or relieve the permittees from any responsibilities, liabilities, or penalties to which the permittees is/are or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. Sect. [https://www.revisor.mn.gov/statutes/cite/115 115] and [https://www.revisor.mn.gov/statutes/cite/116 116], as amended. Permittees are not liable for permit requirements for activities occurring on those portions of a site where the permit has been transferred to another party as required in item [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_3_Application_and_Coverage_Effective_Date#3.7 3.7] or the permittees have submitted the NOT as required in [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_4_Termination_of_Coverage Section 4].</big> | ||
+ | |||
+ | ===24.8=== | ||
+ | <big>The provisions of this permit are severable. If any provision of this permit or the application of any provision of this permit to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this permit must not be affected thereby.</big> | ||
+ | |||
+ | ===24.9=== | ||
+ | <big>The permittees must comply with the provisions of [https://www.revisor.mn.gov/rules/7001.0150/ Minn. R. 7001.0150, subp. 3] and [https://www.revisor.mn.gov/rules/7001.1090/ Minn. R. 7001.1090, subp. 1(A), 1(B), 1(C), 1(H), 1(I), 1(J), 1(K), and 1(L)].</big> | ||
+ | |||
+ | ===24.10=== | ||
+ | <big>The permittees must allow access as provided in [https://www.gpo.gov/fdsys/granule/CFR-2011-title40-vol22/CFR-2011-title40-vol22-sec122-41 40 CFR 122.41(i)] and [https://www.revisor.mn.gov/statutes/cite/115.04 Minn. Stat. Sect. 115.04]. The permittees must allow representatives of the MPCA or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, to enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations.</big> | ||
+ | |||
+ | ===24.11=== | ||
+ | <big>For the purposes of [https://www.revisor.mn.gov/rules/7090/ Minn. R. 7090] and other documents that reference specific sections of this permit, "Stormwater Discharge Design Requirements" corresponds to Sections [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_5_Stormwater_Pollution_Prevention_Plan_(SWPPP)_Content 5], [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_6_SWPPP_Amendments 6] and [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_14_Temporary_Sediment_Basins 14] through [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_21_Training_Requirements 21]; "Construction Activity Requirements" corresponds to Sections [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_7_BMP_Selection_and_Installation 7] through [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_13_Permit_Termination_Conditions 13]; and "Appendix A" corresponds to Sections [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_22_Requirements_for_Discharges_to_Wetlands 22] and [https://stormwater.pca.state.mn.us/index.php?title=MN_CSW_Permit_Section_23_Discharges_to_Special_(Prohibited,_Restricted,_Other)_and_Impaired_Waters 23].</big> | ||
+ | |||
+ | <noinclude> | ||
+ | [[Category:Level 2 - Regulatory/Construction (CSW)]] | ||
+ | </noinclude> |
General Provisions.
If the MPCA determines that an individual permit would more appropriately regulate the construction activity, the MPCA may require an individual permit to continue the construction activity. Coverage under this general permit will remain in effect until the MPCA issues an individual permit.
If the permittee cannot meet the terms and conditions of this general permit, an owner may request an individual permit, in accordance with Minn. R. 7001.0210 subp. 6.
Any interested person may petition the MPCA to require an individual NPDES/SDS permit in accordance with 40 CFR 122.28(b)(3).
In addition to the requirement found in section 20, permittees must make the SWPPP, including all inspection reports, maintenance records, training records and other information required by this permit, available to federal, state, and local officials within three (3) days upon request for the duration of the permit and for three (3) years following the NOT.
Permittees may not assign or transfer this permit except when the transfer occurs in accordance with the applicable requirements of item 3.7 and 3.8.
Nothing in this permit must be construed to relieve the permittees from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit must be construed to preclude the initiation of any legal action or relieve the permittees from any responsibilities, liabilities, or penalties to which the permittees is/are or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. Sect. 115 and 116, as amended. Permittees are not liable for permit requirements for activities occurring on those portions of a site where the permit has been transferred to another party as required in item 3.7 or the permittees have submitted the NOT as required in Section 4.
The provisions of this permit are severable. If any provision of this permit or the application of any provision of this permit to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this permit must not be affected thereby.
The permittees must comply with the provisions of Minn. R. 7001.0150, subp. 3 and Minn. R. 7001.1090, subp. 1(A), 1(B), 1(C), 1(H), 1(I), 1(J), 1(K), and 1(L).
The permittees must allow access as provided in 40 CFR 122.41(i) and Minn. Stat. Sect. 115.04. The permittees must allow representatives of the MPCA or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, to enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations.
For the purposes of Minn. R. 7090 and other documents that reference specific sections of this permit, "Stormwater Discharge Design Requirements" corresponds to Sections 5, 6 and 14 through 21; "Construction Activity Requirements" corresponds to Sections 7 through 13; and "Appendix A" corresponds to Sections 22 and 23.
This page was last edited on 26 January 2024, at 22:49.