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− | <font size=3>'''New | + | <font size=3>'''New requirements in the 2020 MS4 General Permit and related guidance materials'''</font size><br> |
− | + | The table below lists new requirements in the 2020 MS4 General Permit (MNR040000) and associated guidance and outreach materials. In some cases, the permit requirements (items) listed below may only be partially new. For these cases, the part of the permit item that is new will be indicated with '''''bold italic text'''''. If there is no bold italic text, then the entire permit item is new (i.e., it was not in the 2013 MS4 General Permit). This table will continue to be updated over time as new resources and materials are developed. | |
DDL= Digital Document Library | DDL= Digital Document Library | ||
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<tr> | <tr> | ||
<td>Permit item 16.4: '''''At least once each calendar year''''', the permittee must distribute educational materials or equivalent outreach focused on illicit discharge recognition and reporting illicit discharges to the permittee. [Minn. R. 7090] </td> | <td>Permit item 16.4: '''''At least once each calendar year''''', the permittee must distribute educational materials or equivalent outreach focused on illicit discharge recognition and reporting illicit discharges to the permittee. [Minn. R. 7090] </td> | ||
− | <td> | + | <td>[https://stormwater.pca.state.mn.us/index.php?title=Outside_and_in_the_yard MS4 Toolkit: Factsheets and videos]</td> |
+ | </td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
<td rowspan=2>Permit item 16.5: For cities and townships, at least once each calendar year, the permittee must distribute educational materials or equivalent outreach to residents, businesses, commercial facilities, and institutions, focused on the following: | <td rowspan=2>Permit item 16.5: For cities and townships, at least once each calendar year, the permittee must distribute educational materials or equivalent outreach to residents, businesses, commercial facilities, and institutions, focused on the following: | ||
− | :a. impacts of deicing salt use on receiving waters; | + | :a. impacts of deicing salt use on receiving waters; |
:b. methods to reduce deicing salt use; and | :b. methods to reduce deicing salt use; and | ||
:c. proper storage of salt or other deicing materials. [Minn. R. 7090] </td> | :c. proper storage of salt or other deicing materials. [Minn. R. 7090] </td> | ||
Line 46: | Line 47: | ||
:b. proper management of pet waste; and | :b. proper management of pet waste; and | ||
:c. any existing permittee regulatory mechanism(s) for pet waste. [Minn. R. 7090] </td> | :c. any existing permittee regulatory mechanism(s) for pet waste. [Minn. R. 7090] </td> | ||
− | <td> | + | <td>[https://stormwater.pca.state.mn.us/index.php?title=MS4_fact_sheet_-_Reducing_Pet_Waste MS4 Factsheet - Reducing pet waste]</td> |
</tr> | </tr> | ||
<tr> | <tr> | ||
<td>[https://vimeo.com/355427843 There is no poop fairy - video]</td> | <td>[https://vimeo.com/355427843 There is no poop fairy - video]</td> | ||
+ | </tr> | ||
+ | <tr> | ||
+ | <td rowspan=6>Permit item 16.7: The permittee must develop and implement an education and outreach plan that consists of the following: a. target audience(s) (e.g., residents, businesses, commercial facilities, institutions, and local organizations; '''''consideration should be given to low-income residents, people of color, and non-native English speaking residents.''''' A resource to help identify these areas is available on the Agency's environmental justice website); b. name or position title of responsible person(s) for overall plan implementation; c. specific activities and schedules to reach each target audience; and d. a description of any coordination with and/or use of stormwater education and outreach programs implemented by other entities, if applicable. [Minn. R. 7090]</td> | ||
+ | <td>[https://stormwater.pca.state.mn.us/index.php?title=Sweep_up,_rake_up,_pick_up Sweep up, rake up, pick up] newsletters, social media, videos and print materials (Spanish, Somali and Hmong materials available)</td> | ||
+ | </tr> | ||
+ | <tr> | ||
+ | <td>[https://stormwater.pca.state.mn.us/index.php?title=Lawn_and_garden_care Lawn and garden care] - newsletters, social media, videos and print materials (Spanish, Somali and Hmong materials available)</td> | ||
+ | </tr> | ||
+ | <tr> | ||
+ | <td>[https://stormwater.pca.state.mn.us/index.php?title=Winter_salt_use Winter salt use] - newsletters, social media, videos and print materials (Spanish and Somali materials available)</td> | ||
+ | </tr> | ||
+ | <tr> | ||
+ | <td>[https://stormwater.pca.state.mn.us/index.php?title=Waste_management_and_illegal_dumping Waste management and illegal dumping]- newsletters, social media, videos and print materials (Spanish and Somali materials available)</td> | ||
+ | </tr> | ||
+ | <tr> | ||
+ | <td>[https://stormwater.pca.state.mn.us/index.php?title=Motor_vehicle_care Motor vehicle care] - newsletters, social media, videos and print materials (Spanish and Somali materials available)</td> | ||
+ | </tr> | ||
+ | <tr> | ||
+ | <td>[https://stormwater.pca.state.mn.us/index.php?title=In_the_neighborhood_and_community Adpot-a-drain] (Spanish and Somali materials available)</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
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:c. activities held, including dates, to reach each target audience; | :c. activities held, including dates, to reach each target audience; | ||
:d. quantities and descriptions of educational materials distributed, including dates distributed; and | :d. quantities and descriptions of educational materials distributed, including dates distributed; and | ||
− | :e. '''''estimated audience (e.g., number of participants, viewers, readers, listeners, etc.) for each completed education and outreach activity. [Minn. R. 7090] | + | :e. '''''estimated audience (e.g., number of participants, viewers, readers, listeners, etc.) for each completed education and outreach activity.'''''[Minn. R. 7090]</td> |
<td>[[MCM 1 Public Education and Outreach|DDL: MCM 1 Public Education and Outreach]] – see documentation section</td> | <td>[[MCM 1 Public Education and Outreach|DDL: MCM 1 Public Education and Outreach]] – see documentation section</td> | ||
</tr> | </tr> | ||
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:c. date(s), location(s), and estimated number of participants at events held for purposes of compliance with item 17.3; | :c. date(s), location(s), and estimated number of participants at events held for purposes of compliance with item 17.3; | ||
:d. notices provided to the public of any events scheduled to meet item 17.3, including any electronic correspondence (e.g., website, e-mail distribution lists, notices, etc.); and | :d. notices provided to the public of any events scheduled to meet item 17.3, including any electronic correspondence (e.g., website, e-mail distribution lists, notices, etc.); and | ||
− | :e. '''''date(s), location(s), description of activities, and estimated number of participants at events held for the purpose of compliance with item 17.6. [Minn. R. 7090] | + | :e. '''''date(s), location(s), description of activities, and estimated number of participants at events held for the purpose of compliance with item 17.6.''''' [Minn. R. 7090]</td> |
<td>[[MCM 1 Public Education and Outreach|DDL: MCM 1 Public Education and Outreach]] – see documentation section</td> | <td>[[MCM 1 Public Education and Outreach|DDL: MCM 1 Public Education and Outreach]] – see documentation section</td> | ||
</tr> | </tr> | ||
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</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 18.5: For cities, townships, and counties, the permittee’s regulatory mechanism(s) must require owners or custodians of pets to remove and properly dispose of feces on permittee owned | + | <td>Permit item 18.5: For cities, townships, and counties, the permittee’s regulatory mechanism(s) must require owners or custodians of pets to remove and properly dispose of feces on permittee owned land areas. [Minn. R. 7090]</td> |
− | <td> | + | <td>[https://stormwater.pca.state.mn.us/index.php?title=MCM_3_Illicit_Discharge_Detection_and_Elimination Pet waste model ordinance] - see Model language</td> |
</tr> | </tr> | ||
<tr> | <tr> | ||
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</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td | + | <td>Permit item 18.8: '''''At least once each calendar year,''''' the permittee must train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. Field staff includes, but is not limited to, police, fire department, public works, and parks staff. Training for this specific requirement may include, but is not limited to, videos, in-person presentations, webinars, training documents, and/or emails. [Minn. R. 7090]</td> |
− | : | ||
− | |||
<td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]] - see Training tools section</td> | <td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]] - see Training tools section</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td> | + | <td>Permit item 18.9: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee's IDDE program. Individuals includes, but is not limited to, individuals responsible for investigating, locating, eliminating illicit discharges, and/or enforcement. '''''The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training.''''' [Minn. R. 7090] </td> |
− | + | <td>Materials under consideration</td> | |
− | |||
− | <td>Materials under consideration | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 18. | + | <td>Permit item 18.10: '''''The permittee must maintain a written or mapped inventory of priority areas the permittee identifies as having a higher likelihood for illicit discharges.''''' At a minimum, the permittee must evaluate the following for potential inclusion in the inventory: |
− | :a. | + | :a. land uses associated with business/industrial activities; |
− | :b. areas where illicit discharges have been identified in the past and | + | :b. areas where illicit discharges have been identified in the past;and |
+ | :c. areas with storage of significant materials that could result in an illicit discharge. [Minn. R. 7090]</td> | ||
<td>Materials under consideration</td> | <td>Materials under consideration</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 18. | + | <td>Permit item 18.11: To the extent allowable under state or local law, the permittee must conduct illicit discharge inspections in areas identified in item 18.10. [Minn. R. 7090]</td> |
<td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]] - see Training tools and Documentation & tracking templates sections</td> | <td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]] - see Training tools and Documentation & tracking templates sections</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 18. | + | <td>Permit item 18.12: The permittee must implement written procedures for investigating, locating, and eliminating the source of illicit discharges. ''''' At a minimum, the written procedures must include:''''' |
− | :a. a timeframe in which the permittee will investigate a reported illicit discharge; | + | :a. '''''a timeframe in which the permittee will investigate a reported illicit discharge;''''' |
:b. use of visual inspections to detect and track the source of an illicit discharge; | :b. use of visual inspections to detect and track the source of an illicit discharge; | ||
− | :c. tools available to the permittee to investigate and locate an illicit discharge (e.g., mobile cameras, collecting and analyzing water samples, smoke testing, dye testing, etc.); | + | :c. '''''tools available to the permittee to investigate and locate an illicit discharge (e.g., mobile cameras, collecting and analyzing water samples, smoke testing, dye testing, etc.);''''' |
− | :d. cleanup methods available to the permittee to remove an illicit discharge or spill; and | + | :d. '''''cleanup methods available to the permittee to remove an illicit discharge or spill; and''''' |
− | :e. name or position title of responsible person(s) for investigating, locating, and eliminating an illicit discharge. [Minn. R. 7090]</td> | + | :e. '''''name or position title of responsible person(s) for investigating, locating, and eliminating an illicit discharge.''''' [Minn. R. 7090]</td> |
<td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]] - see Example procedures section</td> | <td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]] - see Example procedures section</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td rowspan=3>Permit item 18. | + | <td rowspan=3>Permit item 18.14: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) in Section 18. ''''' At a minimum, the written ERPs must include:''''' |
− | :a. a description of enforcement tools available to the permittee and guidelines for the use of each tool; | + | :a. '''''a description of enforcement tools available to the permittee and guidelines for the use of each tool;''''' |
− | :b. timeframes to complete corrective actions; and | + | :b. '''''timeframes to complete corrective actions; and''''' |
− | :c. name or position title of responsible person(s) for conducting enforcement. [Minn. R. 7090]</td> | + | :c. '''''name or position title of responsible person(s) for conducting enforcement.''''' [Minn. R. 7090]</td> |
<td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]]</td> | <td>[[MCM 3 Illicit Discharge Detection and Elimination|DDL: MCM 3 Illicit Discharge Detection and Elimination]]</td> | ||
</tr> | </tr> | ||
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</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 18. | + | <td>Permit item 18.16: For each training in item 18.8 and 18.9, the permittee must document: |
:a. general subject matter covered; | :a. general subject matter covered; | ||
− | :b. names and departments of individuals in attendance; and | + | :b. names '''''and departments''''' of individuals in attendance; and |
:c. date of each event. [Minn. R. 7090]</td> | :c. date of each event. [Minn. R. 7090]</td> | ||
<td>Materials under consideration</td> | <td>Materials under consideration</td> | ||
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<tr> | <tr> | ||
− | <td rowspan=3>Permit item 19.3: To the extent allowable under state or local law, the permittee must develop, implement, and enforce a regulatory mechanism(s) that establishes requirements for erosion, sediment, and waste controls that is at least as stringent as the Agency’s most current Construction Stormwater General Permit (MNR100001), herein referred to as the CSW Permit. A regulatory mechanism(s) for the purposes of this permit may consist of contract language, an ordinance, permits, standards, or any other mechanism, that will be enforced by the permittee. [Minn. R. 7090]</td> | + | <td rowspan=3>Permit item 19.3: To the extent allowable under state or local law, the permittee must develop, implement, and enforce a regulatory mechanism(s) that establishes requirements for erosion, sediment, and waste controls that is at least as stringent as the Agency’s most current Construction Stormwater General Permit (MNR100001), herein referred to as the CSW Permit. A regulatory mechanism(s) for the purposes of this permit may consist of contract language, an ordinance, permits, standards, written policies, operational plans, legal agreements, or any other mechanism, that will be enforced by the permittee. [Minn. R. 7090]</td> |
<td>Materials under consideration (model ordinance in progress)</td> | <td>Materials under consideration (model ordinance in progress)</td> | ||
</tr> | </tr> | ||
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</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td rowspan=3>Permit item 19.5: The permittee’s regulatory mechanism(s) must require that owners and operators of construction activity develop site plans that must be submitted to the permittee for review and | + | <td rowspan=3>Permit item 19.5: The permittee’s regulatory mechanism(s) must require that owners and operators of construction activity develop site plans that must be submitted to the permittee for review and '''''confirmation that regulatory mechanism(s) requirements have been met,''''' prior to the start of construction activity. The regulatory mechanism(s) must require the owners and operators of construction activity to keep site plans up-to-date with regard to stormwater runoff controls. The regulatory mechanism(s) must require that site plans incorporate the following erosion, sediment, and waste controls that are at least as stringent as described in the CSW Permit: |
:a. erosion prevention practices; | :a. erosion prevention practices; | ||
:b. sediment control practices; | :b. sediment control practices; | ||
Line 205: | Line 222: | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 19.7: The permittee must | + | <td>Permit item 19.7: The permittee must implement an inspection program that includes written procedures for conducting site inspections, to determine compliance with the permittee's regulatory mechanism(s). '''''The inspection program must also meet the requirements in items 19.8 and 19.9.''''' [Minn. R. 7090]</td> |
<td>Materials under consideration</td> | <td>Materials under consideration</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td rowspan=2>Permit item 19. | + | <td rowspan=2>Permit item 19.8: '''''The permittee must maintain written procedures for identifying high-priority and low-priority sites for inspection. At a minimum, the written procedures must include:''''' |
:a. '''''a detailed explanation describing how sites will be categorized as either high-priority or low-priority;''''' | :a. '''''a detailed explanation describing how sites will be categorized as either high-priority or low-priority;''''' | ||
:b. '''''a frequency at which the permittee will conduct inspections for high-priority sites;''''' | :b. '''''a frequency at which the permittee will conduct inspections for high-priority sites;''''' | ||
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</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td rowspan=2>Permit item 19. | + | <td rowspan=2>Permit item 19.9: The permittee must implement a written checklist to document each site inspection when determining compliance with the permittee’s regulatory mechanism(s). At a minimum, the checklist must include the permittee’s inspection findings on the following areas, as applicable to each site: |
:a. stabilization of exposed soils (including stockpiles); | :a. stabilization of exposed soils (including stockpiles); | ||
:b. stabilization of ditch and swale bottoms; | :b. stabilization of ditch and swale bottoms; | ||
Line 237: | Line 254: | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td rowspan=3>Permit item 19. | + | <td rowspan=3>Permit item 19.11: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s Construction Site Stormwater Runoff Control program. Individuals includes, but is not limited to, individuals responsible for conducting site plan reviews, site inspections, and/or enforcement. '''''The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training.''''' [Minn. R. 7090]</td> |
<td>[[Employee training|MN Stormwater Manual - Employee training]]</td> | <td>[[Employee training|MN Stormwater Manual - Employee training]]</td> | ||
</tr> | </tr> | ||
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</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td rowspan=2>Permit item 19. | + | <td rowspan=2>Permit item 19.12: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) in item 19.3. At a minimum, the written ERPs must include: |
− | :a. a description of enforcement tools available to the permittee and guidelines for the use of each tool; and | + | :a. '''''a description of enforcement tools available to the permittee and guidelines for the use of each tool; and''''' |
− | :b. name or position title of responsible person(s) for conducting enforcement. [Minn. R. 7090]</td> | + | :b. '''''name or position title of responsible person(s) for conducting enforcement.''''' [Minn. R. 7090]</td> |
<td>[[Enforcement response procedures|MN Stormwater Manual - Enforcement response procedures]]</td> | <td>[[Enforcement response procedures|MN Stormwater Manual - Enforcement response procedures]]</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td> | + | <td>[[media:Enforcement Action Documentation Tracking.xlsx|Enforcement action documentation template]]</td> |
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td rowspan=2>Permit item 19. | + | <td rowspan=2>Permit item 19.13: For each site plan review conducted by the permittee, the permittee must document the following: |
:a. project name; | :a. project name; | ||
:b. location; | :b. location; | ||
Line 269: | Line 286: | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 19. | + | <td>Permit item 19.14: For each training in item 19.11, the permittee must document: |
:a. general subject matter covered; | :a. general subject matter covered; | ||
:b. names and '''''departments''''' of individuals in attendance; and | :b. names and '''''departments''''' of individuals in attendance; and | ||
:c. date of each event. [Minn. R. 7090]</td> | :c. date of each event. [Minn. R. 7090]</td> | ||
<td>Materials under consideration</td> | <td>Materials under consideration</td> | ||
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− | |||
− | |||
− | |||
− | |||
− | |||
− | |||
− | |||
− | |||
− | |||
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− | |||
</tr> | </tr> | ||
<tr> | <tr> | ||
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</tr> | </tr> | ||
<tr> | <tr> | ||
− | |||
<td>Permit item 20.5: The permittee’s regulatory mechanism(s) must require owners of construction activity to treat the water quality volume on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. [Minn. R. 7090]</td> | <td>Permit item 20.5: The permittee’s regulatory mechanism(s) must require owners of construction activity to treat the water quality volume on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. [Minn. R. 7090]</td> | ||
− | <td> | + | <td>Model ordinance in progress</td> |
</tr> | </tr> | ||
<tr> | <tr> | ||
− | |||
<td>Permit item 20.6: For construction activity (excluding linear projects), the water quality volume must be calculated as one (1) inch times the sum of the new and the fully reconstructed impervious surface. [Minn. R. 7090]</td> | <td>Permit item 20.6: For construction activity (excluding linear projects), the water quality volume must be calculated as one (1) inch times the sum of the new and the fully reconstructed impervious surface. [Minn. R. 7090]</td> | ||
− | <td> | + | <td>Model ordinance in progress</td> |
</tr> | </tr> | ||
<tr> | <tr> | ||
<td>Permit item 20.7: For linear projects, the water quality volume must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first, as described in item 20.8. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, owners of construction activity must maximize the treatment of the water quality volume prior to discharge from the MS4. [Minn. R. 7090]</td> | <td>Permit item 20.7: For linear projects, the water quality volume must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first, as described in item 20.8. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, owners of construction activity must maximize the treatment of the water quality volume prior to discharge from the MS4. [Minn. R. 7090]</td> | ||
− | <td> | + | <td>Model ordinance in progress</td> |
</tr> | </tr> | ||
<tr> | <tr> | ||
Line 320: | Line 322: | ||
:j. that receive stormwater runoff from these types of entities regulated under NPDES for industrial stormwater: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities. | :j. that receive stormwater runoff from these types of entities regulated under NPDES for industrial stormwater: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities. | ||
See “higher level of engineering review” in the Minnesota Stormwater Manual for more information. [Minn. R. 7090]</td> | See “higher level of engineering review” in the Minnesota Stormwater Manual for more information. [Minn. R. 7090]</td> | ||
− | <td> | + | <td>Model ordinance in progress</td> |
+ | </tr> | ||
+ | <tr> | ||
+ | <td>Permit item 20.13: Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity. | ||
+ | '''''If the permittee determines more time is needed to complete the treatment project, the permittee must provide the reason(s) and schedule(s) for completing the project in the annual report.''''' [Minn. R. 7090]</td> | ||
+ | <td></td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | |||
<td>Permit item 20.16: The permittee must maintain a written or mapped inventory of structural stormwater BMPs not owned or operated by the permittee that meet all of the following criteria: | <td>Permit item 20.16: The permittee must maintain a written or mapped inventory of structural stormwater BMPs not owned or operated by the permittee that meet all of the following criteria: | ||
:a. the structural stormwater BMP includes an executed legal mechanism(s) between the permittee and owners responsible for the long-term maintenance, as required in item 20.15; and | :a. the structural stormwater BMP includes an executed legal mechanism(s) between the permittee and owners responsible for the long-term maintenance, as required in item 20.15; and | ||
Line 331: | Line 337: | ||
<tr> | <tr> | ||
− | <td>Permit item 20.18: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s Post-Construction Stormwater Management program. Individuals includes, but is not limited to, individuals responsible for conducting site plan reviews and/or enforcement. '''''The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training. [Minn. R. 7090] | + | <td>Permit item 20.18: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s Post-Construction Stormwater Management program. Individuals includes, but is not limited to, individuals responsible for conducting site plan reviews and/or enforcement. '''''The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training.''''' [Minn. R. 7090]</td> |
<td>Materials under consideration</td> | <td>Materials under consideration</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | <td>Permit item 20.19: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) required in Section 20. | + | <td rowspan=2>Permit item 20.19: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) required in Section 20. At a minimum, the written ERPs must include: |
:a. '''''a description of enforcement tools available to the permittee and guidelines for the use of each tool; and''''' | :a. '''''a description of enforcement tools available to the permittee and guidelines for the use of each tool; and''''' | ||
− | :b. '''''name or position title of responsible person(s) for conducting enforcement. [Minn. R. 7090] | + | :b. '''''name or position title of responsible person(s) for conducting enforcement.''''' [Minn. R. 7090] |
− | <td> | + | <td>[https://stormwater.pca.state.mn.us/index.php?title=Enforcement_response_procedures Enforcement response procedures]</td> |
+ | </tr> | ||
+ | <tr> | ||
+ | <td>[[media:Enforcement Action Documentation Tracking.xlsx|Enforcement action documentation template]]</td> | ||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | |||
<td>Permit item 20.20: For each site plan review conducted by the permittee, the permittee must document the following: | <td>Permit item 20.20: For each site plan review conducted by the permittee, the permittee must document the following: | ||
:a. supporting documentation used to determine compliance with Section 20 of this permit, including any calculations for the permanent stormwater treatment system; | :a. supporting documentation used to determine compliance with Section 20 of this permit, including any calculations for the permanent stormwater treatment system; | ||
Line 355: | Line 363: | ||
<td>Permit item 20.21: For each training in item 20.18, the permittee must document: | <td>Permit item 20.21: For each training in item 20.18, the permittee must document: | ||
:a. general subject matter covered; | :a. general subject matter covered; | ||
− | :b. names ''''' | + | :b. names and '''''departments''''' of individuals in attendance; and |
:c. date of each event. [Minn. R. 7090]</td> | :c. date of each event. [Minn. R. 7090]</td> | ||
<td>[https://stormwater.pca.state.mn.us/index.php?title=File:Employee_Training_Tracking.xlsx Employee training tracking]</td> | <td>[https://stormwater.pca.state.mn.us/index.php?title=File:Employee_Training_Tracking.xlsx Employee training tracking]</td> | ||
+ | |||
</tr> | </tr> | ||
<tr> | <tr> | ||
− | |||
<th colspan=2>Minimum Control Measure (MCM) 6 - Good housekeeping/pollution prevention</th> | <th colspan=2>Minimum Control Measure (MCM) 6 - Good housekeeping/pollution prevention</th> | ||
</tr> | </tr> | ||
Line 380: | Line 388: | ||
:m. recycling; | :m. recycling; | ||
:n. salt storage; | :n. salt storage; | ||
− | :'''''o. snow storage; | + | :'''''o. snow storage;''''' |
:p. vehicle storage and maintenance (e.g., fueling and washing) yards; and | :p. vehicle storage and maintenance (e.g., fueling and washing) yards; and | ||
:q. materials storage yards. [Minn. R. 7090]</td> | :q. materials storage yards. [Minn. R. 7090]</td> | ||
Line 388: | Line 396: | ||
<td>Permit item 21.5: The permittee must implement the following BMPs at permittee owned/operated salt storage areas: | <td>Permit item 21.5: The permittee must implement the following BMPs at permittee owned/operated salt storage areas: | ||
− | :a. cover or store | + | :a. cover or store salt indoors; |
:b. store salt on an impervious surface; and | :b. store salt on an impervious surface; and | ||
− | :c. implement practices to reduce exposure when transferring material from salt storage areas (e.g., sweeping, diversions, and/or containment). [Minn. R. 7090] | + | :c. implement practices to reduce exposure when transferring material from salt storage areas (e.g., sweeping, diversions, and/or containment).''''' [Minn. R. 7090] |
<td>[https://stormwater.pca.state.mn.us/index.php?title=Cold_climate_impact_on_runoff_management Cold climate impact on runoff management]</td> | <td>[https://stormwater.pca.state.mn.us/index.php?title=Cold_climate_impact_on_runoff_management Cold climate impact on runoff management]</td> | ||
</tr> | </tr> | ||
Line 415: | Line 423: | ||
<tr> | <tr> | ||
− | <td rowspan=3>Permit item 21.10: | + | <td rowspan=3>Permit item 21.10: Prior to the expiration date of the General Permit, the permittee must conduct at least one inspection of all ponds and outfalls (excluding underground outfalls) in order to determine structural integrity, proper function, and maintenance needs. |
+ | [Minn. R. 7090] | ||
+ | </td> | ||
<td>[http://stormwaterbook.safl.umn.edu/ U of MN Online Manual for assessing the performance of, and schedule maintenance for, stormwater practices]</td> | <td>[http://stormwaterbook.safl.umn.edu/ U of MN Online Manual for assessing the performance of, and schedule maintenance for, stormwater practices]</td> | ||
</tr> | </tr> | ||
Line 426: | Line 436: | ||
<tr> | <tr> | ||
− | <td>Permit item 21.11: Based on inspection findings, the permittee must determine if repair, replacement, or maintenance measures are necessary in order to ensure the structural integrity and proper function of structural stormwater BMPs and outfalls. The permittee must complete necessary maintenance as soon as possible. '''''If the permittee determines necessary maintenance cannot be completed within one year of discovery, the permittee must document a schedule(s) for completing the maintenance. [Minn. R. 7090] | + | <td>Permit item 21.11: Based on inspection findings, the permittee must determine if repair, replacement, or maintenance measures are necessary in order to ensure the structural integrity and proper function of structural stormwater BMPs and outfalls. The permittee must complete necessary maintenance as soon as possible. '''''If the permittee determines necessary maintenance cannot be completed within one year of discovery, the permittee must document a schedule(s) for completing the maintenance.''''' [Minn. R. 7090] |
<td>Materials under consideration</td> | <td>Materials under consideration</td> | ||
</tr> | </tr> | ||
Line 432: | Line 442: | ||
<td>Permit item 21.13: The permittee must document the following information associated with the operations and maintenance program: | <td>Permit item 21.13: The permittee must document the following information associated with the operations and maintenance program: | ||
− | :a. date(s) and description of findings, including whether or not an illicit discharge is detected, for all inspections conducted in accordance with items 21.9 and 21.10; | + | :a. date(s) and description of findings, '''''including whether or not an illicit discharge is detected, for all inspections conducted in accordance with items 21.9 and 21.10;''''' |
:b. any adjustments to inspection frequency as authorized in item 21.9; | :b. any adjustments to inspection frequency as authorized in item 21.9; | ||
:c. date(s) and a description of maintenance conducted as a result of inspection findings, including whether or not an illicit discharge is detected; | :c. date(s) and a description of maintenance conducted as a result of inspection findings, including whether or not an illicit discharge is detected; | ||
Line 446: | Line 456: | ||
</table> | </table> | ||
+ | |||
+ | [[Category:Level 2 - Regulatory/Municipal (MS4)]] |
New requirements in the 2020 MS4 General Permit and related guidance materials
The table below lists new requirements in the 2020 MS4 General Permit (MNR040000) and associated guidance and outreach materials. In some cases, the permit requirements (items) listed below may only be partially new. For these cases, the part of the permit item that is new will be indicated with bold italic text. If there is no bold italic text, then the entire permit item is new (i.e., it was not in the 2013 MS4 General Permit). This table will continue to be updated over time as new resources and materials are developed.
DDL= Digital Document Library
Minimum Control Measure (MCM) 1 - Public education and outreach | |
---|---|
Permit item | Guidance materials |
Permit item 16.3: During the permit term, the permittee must distribute educational materials or equivalent outreach focused on at least two (2) specifically selected stormwater-related issues of high priority to the permittee (e.g., specific TMDL reduction targets, changing local business practices, promoting adoption of residential BMPs, lake improvements through lake associations, household chemicals, yard waste, etc.). The topics must be different from those described in items 16.4 through 16.6. [Minn. R. 7090] | Municipal Separate Storm Sewer System (MS4) toolkit- MCM 1 |
DDL: MCM 1 Public Education and Outreach | |
Clean Water MN | |
MS4 Toolkit: planting for clean water | |
Permit item 16.4: At least once each calendar year, the permittee must distribute educational materials or equivalent outreach focused on illicit discharge recognition and reporting illicit discharges to the permittee. [Minn. R. 7090] | MS4 Toolkit: Factsheets and videos |
Permit item 16.5: For cities and townships, at least once each calendar year, the permittee must distribute educational materials or equivalent outreach to residents, businesses, commercial facilities, and institutions, focused on the following:
|
MPCA chloride resources |
MS4 Toolkit: Winter salt use | |
Permit item 16.6: For cities and townships, at least once each calendar year, the permittee must distribute educational materials or equivalent outreach focused on pet waste. The educational materials or equivalent outreach must include information on the following:
|
MS4 Factsheet - Reducing pet waste |
There is no poop fairy - video | |
Permit item 16.7: The permittee must develop and implement an education and outreach plan that consists of the following: a. target audience(s) (e.g., residents, businesses, commercial facilities, institutions, and local organizations; consideration should be given to low-income residents, people of color, and non-native English speaking residents. A resource to help identify these areas is available on the Agency's environmental justice website); b. name or position title of responsible person(s) for overall plan implementation; c. specific activities and schedules to reach each target audience; and d. a description of any coordination with and/or use of stormwater education and outreach programs implemented by other entities, if applicable. [Minn. R. 7090] | Sweep up, rake up, pick up newsletters, social media, videos and print materials (Spanish, Somali and Hmong materials available) |
Lawn and garden care - newsletters, social media, videos and print materials (Spanish, Somali and Hmong materials available) | |
Winter salt use - newsletters, social media, videos and print materials (Spanish and Somali materials available) | |
Waste management and illegal dumping- newsletters, social media, videos and print materials (Spanish and Somali materials available) | |
Motor vehicle care - newsletters, social media, videos and print materials (Spanish and Somali materials available) | |
Adpot-a-drain (Spanish and Somali materials available) | |
Permit item 16.8: The permittee must document the following information:
|
DDL: MCM 1 Public Education and Outreach – see documentation section |
Minimum Control Measure (MCM) 2 - Public participation/involvement | |
Permit item 17.6: Each calendar year, the permittee must provide a minimum of one (1) public involvement activity that includes a pollution prevention or water quality theme (e.g., rain barrel distribution event, rain garden workshop, cleanup event, storm drain stenciling, volunteer water quality monitoring, adopt a storm drain program, household hazardous waste collection day, etc.). [Minn. R. 7090] | DDL: MCM 2 Public Participation/Involvement |
Permit item 17.7: The permittee must document the following information:
|
DDL: MCM 1 Public Education and Outreach – see documentation section |
Example Excel spreadsheet of documentation of public activities held (City of Fairbault) | |
Minimum Control Measure (MCM) 3 - Illicit discharge detection and elimination | |
Permit item 18.5: For cities, townships, and counties, the permittee’s regulatory mechanism(s) must require owners or custodians of pets to remove and properly dispose of feces on permittee owned land areas. [Minn. R. 7090] | Pet waste model ordinance - see Model language |
Permit item 18.6: For cities and townships, the permittee’s regulatory mechanism(s) must require proper salt storage at commercial, institutional, and non-NPDES permitted industrial facilities. At a minimum, the regulatory mechanism(s) must require the following:
|
Chloride Reduction Model Ordinance |
Permit item 18.8: At least once each calendar year, the permittee must train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. Field staff includes, but is not limited to, police, fire department, public works, and parks staff. Training for this specific requirement may include, but is not limited to, videos, in-person presentations, webinars, training documents, and/or emails. [Minn. R. 7090] | DDL: MCM 3 Illicit Discharge Detection and Elimination - see Training tools section |
Permit item 18.9: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee's IDDE program. Individuals includes, but is not limited to, individuals responsible for investigating, locating, eliminating illicit discharges, and/or enforcement. The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training. [Minn. R. 7090] | Materials under consideration |
Permit item 18.10: The permittee must maintain a written or mapped inventory of priority areas the permittee identifies as having a higher likelihood for illicit discharges. At a minimum, the permittee must evaluate the following for potential inclusion in the inventory:
|
Materials under consideration |
Permit item 18.11: To the extent allowable under state or local law, the permittee must conduct illicit discharge inspections in areas identified in item 18.10. [Minn. R. 7090] | DDL: MCM 3 Illicit Discharge Detection and Elimination - see Training tools and Documentation & tracking templates sections |
Permit item 18.12: The permittee must implement written procedures for investigating, locating, and eliminating the source of illicit discharges. At a minimum, the written procedures must include:
|
DDL: MCM 3 Illicit Discharge Detection and Elimination - see Example procedures section |
Permit item 18.14: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) in Section 18. At a minimum, the written ERPs must include:
|
DDL: MCM 3 Illicit Discharge Detection and Elimination |
MN Stormwater Manual - Enforcement response procedures | |
EPA Model ordinance | |
Permit item 18.16: For each training in item 18.8 and 18.9, the permittee must document:
|
Materials under consideration |
Minimum Control Measure (MCM) 4 - Construction site stormwater runoff control | |
Permit item 19.3: To the extent allowable under state or local law, the permittee must develop, implement, and enforce a regulatory mechanism(s) that establishes requirements for erosion, sediment, and waste controls that is at least as stringent as the Agency’s most current Construction Stormwater General Permit (MNR100001), herein referred to as the CSW Permit. A regulatory mechanism(s) for the purposes of this permit may consist of contract language, an ordinance, permits, standards, written policies, operational plans, legal agreements, or any other mechanism, that will be enforced by the permittee. [Minn. R. 7090] | Materials under consideration (model ordinance in progress) |
CSW Permit | |
Satisfying regulatory mechanism requirements for construction site stormwater runoff control in municipal stormwater permits | |
Permit item 19.4: When the CSW Permit is reissued, the permittee must revise their regulatory mechanism(s), if necessary, within 12 months of the issuance date of that permit, to be at least as stringent as the requirements for erosion, sediment, and waste controls described in the CSW Permit. [Minn. R. 7090] | Materials under consideration (model ordinance in progress) |
CSW Permit | |
Satisfying regulatory mechanism requirements for construction site stormwater runoff control in municipal stormwater permits | |
Permit item 19.5: The permittee’s regulatory mechanism(s) must require that owners and operators of construction activity develop site plans that must be submitted to the permittee for review and confirmation that regulatory mechanism(s) requirements have been met, prior to the start of construction activity. The regulatory mechanism(s) must require the owners and operators of construction activity to keep site plans up-to-date with regard to stormwater runoff controls. The regulatory mechanism(s) must require that site plans incorporate the following erosion, sediment, and waste controls that are at least as stringent as described in the CSW Permit:
|
Materials under consideration (model ordinance in progress) |
CSW Permit | |
Satisfying regulatory mechanism requirements for construction site stormwater runoff control in municipal stormwater permits | |
Permit item 19.6: The permittee must implement written procedures for site plan reviews conducted by the permittee prior to the start of all construction activity, to ensure compliance with requirements of the regulatory mechanism(s). At a minimum, the procedures must include:
|
MN Stormwater Manual - Site plan review procedure |
DDL: MCM 4 Construction Site Stormwater Control - see Example procedures section | |
CSW Permit Reminder - handout that may be distributed to project operators/owners | |
Permit item 19.7: The permittee must implement an inspection program that includes written procedures for conducting site inspections, to determine compliance with the permittee's regulatory mechanism(s). The inspection program must also meet the requirements in items 19.8 and 19.9. [Minn. R. 7090] | Materials under consideration |
Permit item 19.8: The permittee must maintain written procedures for identifying high-priority and low-priority sites for inspection. At a minimum, the written procedures must include:
|
DDL: MCM 4 Construction Site Stormwater Control - see Example procedures section |
Creation of materials for determining inspection priority level under consideration | |
Permit item 19.9: The permittee must implement a written checklist to document each site inspection when determining compliance with the permittee’s regulatory mechanism(s). At a minimum, the checklist must include the permittee’s inspection findings on the following areas, as applicable to each site:
|
DDL: MCM 4 Construction Site Stormwater Control - see Checklists section |
MN Stormwater Manual - Construction site inspection | |
Permit item 19.11: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s Construction Site Stormwater Runoff Control program. Individuals includes, but is not limited to, individuals responsible for conducting site plan reviews, site inspections, and/or enforcement. The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training. [Minn. R. 7090] | MN Stormwater Manual - Employee training |
University of Minnesota - Erosion and stormwater management certification program | |
Minnesota Erosion Control Association (MECA) - workshops and membership | |
Permit item 19.12: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) in item 19.3. At a minimum, the written ERPs must include:
|
MN Stormwater Manual - Enforcement response procedures |
Enforcement action documentation template | |
Permit item 19.13: For each site plan review conducted by the permittee, the permittee must document the following:
|
DDL: MCM 4 Construction Site Stormwater Control - see Example procedures section |
CSW Permit Reminder - handout that may be distributed to project operators/owners | |
Permit item 19.14: For each training in item 19.11, the permittee must document:
|
Materials under consideration |
Minimum Control Measure (MCM) 5 - Post-construction stormwater management | |
Permit item 20.5: The permittee’s regulatory mechanism(s) must require owners of construction activity to treat the water quality volume on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. [Minn. R. 7090] | Model ordinance in progress |
Permit item 20.6: For construction activity (excluding linear projects), the water quality volume must be calculated as one (1) inch times the sum of the new and the fully reconstructed impervious surface. [Minn. R. 7090] | Model ordinance in progress |
Permit item 20.7: For linear projects, the water quality volume must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first, as described in item 20.8. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, owners of construction activity must maximize the treatment of the water quality volume prior to discharge from the MS4. [Minn. R. 7090] | Model ordinance in progress |
Permit item 20.9: Infiltration systems must be prohibited when the system would be constructed in areas:
|
Model ordinance in progress |
Permit item 20.13: Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity. If the permittee determines more time is needed to complete the treatment project, the permittee must provide the reason(s) and schedule(s) for completing the project in the annual report. [Minn. R. 7090] | |
Permit item 20.16: The permittee must maintain a written or mapped inventory of structural stormwater BMPs not owned or operated by the permittee that meet all of the following criteria:
|
Materials under consideration |
Permit item 20.18: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s Post-Construction Stormwater Management program. Individuals includes, but is not limited to, individuals responsible for conducting site plan reviews and/or enforcement. The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training. [Minn. R. 7090] | Materials under consideration |
Permit item 20.19: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) required in Section 20. At a minimum, the written ERPs must include:
| Enforcement response procedures |
Enforcement action documentation template | |
Permit item 20.20: For each site plan review conducted by the permittee, the permittee must document the following:
|
Materials under consideration |
Permit item 20.21: For each training in item 20.18, the permittee must document:
|
Employee training tracking |
Minimum Control Measure (MCM) 6 - Good housekeeping/pollution prevention | |
Permit item 21.3: The permittee must maintain a written or mapped inventory of permittee owned/operated facilities that contribute pollutants to stormwater discharges. The permittee must implement BMPs that prevent or reduce pollutants in stormwater discharges from all inventoried facilities. Facilities to be inventoried may include, but is not limited to:
|
DDL: Facility inventory template |
Permit item 21.5: The permittee must implement the following BMPs at permittee owned/operated salt storage areas:
| Cold climate impact on runoff management |
Permit item 21.6: The permittee must implement a written snow and ice management policy for individuals that perform winter maintenance activities for the permittee. The policy must establish practices and procedures for snow and ice control operations (e.g., plowing or other snow removal practices, sand use, and application of deicing compounds). [Minn. R. 7090] | Model snow and ice policies |
Example snow and ice policies | |
Permit item 21.7: Each calendar year, the permittee must ensure all individuals that perform winter maintenance activities for the permittee receive training that includes:
The permittee may use training materials from the Agency’s Smart Salting training or other organizations to meet this requirement. [Minn. R. 7090] | Smart salting (S2) training information |
Salt Applicators | |
Permit item 21.10: Prior to the expiration date of the General Permit, the permittee must conduct at least one inspection of all ponds and outfalls (excluding underground outfalls) in order to determine structural integrity, proper function, and maintenance needs.
[Minn. R. 7090] |
U of MN Online Manual for assessing the performance of, and schedule maintenance for, stormwater practices |
Managing stormwater sediment best management practices guidance | |
Assessing the performance of stormwater ponds | |
Permit item 21.11: Based on inspection findings, the permittee must determine if repair, replacement, or maintenance measures are necessary in order to ensure the structural integrity and proper function of structural stormwater BMPs and outfalls. The permittee must complete necessary maintenance as soon as possible. If the permittee determines necessary maintenance cannot be completed within one year of discovery, the permittee must document a schedule(s) for completing the maintenance. [Minn. R. 7090] | Materials under consideration |
Permit item 21.13: The permittee must document the following information associated with the operations and maintenance program:
| Inspection checklist templates |
Total Maximum Daily Loads (TMDLs) | MN Stormwater Manual - Total maximum daily loads (TMDLs) |
This page was last edited on 8 December 2022, at 16:52.