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− | <td>Permit item 20.16 | + | <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: |
− | 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''''' | ||
:'''''b. the structural stormwater BMP was implemented on or after August 1, 2013. [Minn. R. 7090]'''''</td> | :'''''b. the structural stormwater BMP was implemented on or after August 1, 2013. [Minn. R. 7090]'''''</td> | ||
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<tr> | <tr> | ||
− | + | <td>Permit item 20.17: The permittee must implement written procedures for site plan reviews conducted by the permittee prior to the start of construction activity, to ensure compliance with requirements of the permittee’s regulatory mechanism(s). [Minn. R. 7090]</td> | |
+ | <td>Materials under consideration</td> | ||
+ | </tr> | ||
+ | <tr> | ||
</table> | </table> |
New permit requirements and related guidance materials
This table is a resource for guidance and outreach related to the new permit requirements. The permit requirements (items) listed below may only be partially new. In this case, 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 whole permit item is new.
Minimum Control Measure (MCM) 1 - Public education and outreach | |
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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] | Materials are being created. This includes a video and newsletter articles. |
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:
|
Materials are being created. This includes newsletter articles, a flyer, and a photo library. |
There is no poop fairy - video | |
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/operated land areas. [Minn. R. 7090] | Materials pending |
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:
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Chloride Reduction Model Ordinance |
Permit item 18.8
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DDL: MCM 3 Illicit Discharge Detection and Elimination - see Training tools section |
Materials pending ("illegal dumping" video from Angie) | |
Materials pending (MS4 Toolkit PowerPoint materials) | |
Permit item 18.9: 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 inventory must include the following:
|
Materials pending |
Permit item 18.10: The permittee must conduct illicit discharge inspections at least once each calendar year in areas identified in item 18.9. [Minn. R. 7090] | DDL: MCM 3 Illicit Discharge Detection and Elimination - see Training tools and Documentation & tracking templates sections |
Permit item 18.11: 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 18.13: 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 18.15: For each training in item 18.8, the permittee must document:
|
Materials pending |
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, or any other mechanism, that will be enforced by the permittee. [Minn. R. 7090] | Materials pending (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 pending (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 approval, 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 pending (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 maintain a written or mapped inventory of active construction activity within the permittee’s jurisdiction and that discharge to the permittee’s MS4. [Minn. R. 7090] | Creation of materials under consideration |
Permit item 19.9: 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 19.10: 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 19.12: 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 19.13: 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 |
Materials pending (model ordinance in progress) | |
Permit item 19.14: 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 19.15: For each training in item 19.12, the permittee must document:
|
Creation of materials under consideration |
Permit item 19.16: The permittee must document any enforcement conducted pursuant to the ERPs in item 19.13, including verbal warnings. At a minimum, the permittee must document the following:
|
Enforcement action documentation template |
MN Stormwater Manual - Enforcement response procedures | |
Minimum Control Measure (MCM) 5 - Post-construction stormwater management | |
Permit item 20.2: New permittees must develop, implement, and enforce, and existing permittees must revise their current program, as necessary, and continue to implement and enforce, a Post-Construction Stormwater Management program that prevents or reduces water pollution after construction activity is completed. The program must address construction activity with land disturbance of greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, within the permittee’s jurisdiction and that discharge to the permittee’s MS4. The permittee must incorporate Section 20 requirements into their program. [Minn. R. 7090] | EPA MCM 5 guidance |
Permit item 20.3: To the extent allowable under state or local law, the permittee must develop, implement, and enforce a regulatory mechanism(s) that incorporates items 20.4 through 20.15. 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] | A model ordinance is being developed |
Permit item 20.4: The permittee’s regulatory mechanism(s) must require owners of construction activity to submit site plans with post-construction stormwater management BMPs designed with accepted engineering practices to the permittee for review and approval, prior to start of construction activity. [Minn. R. 7090] | MPCA's site plan review checklist |
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] | A model ordinance is being developed |
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] | Materials under consideration |
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]' | Materials under consideration |
Permit 20.8: Volume reduction practices (e.g., infiltration or other) to retain the water quality volume on-site must be considered first when designing the permanent stormwater treatment system. This permit does not consider wet sedimentation basins and filtration systems to be volume reduction practices. If this permit prohibits infiltration as described in item 20.9, a wet sedimentation basin, filtration basin, or regional pond may be considered. [Minn. R. 7090] | Volume reduction practices |
Permit item 20.9: Infiltration systems must be prohibited when the system would be constructed in areas:
|
A model ordinance is being developed |
Permit item 20.10: For non-linear projects, where the water quality volume cannot cost effectively be treated on the site of the original construction activity, the permittee must identify, or may require owners of the construction activity to identify, locations where off-site treatment projects can be completed. If the entire water quality volume is not addressed on the site of the original construction activity, the remaining water quality volume must be addressed through off-site treatment and, at a minimum, ensure the requirements of items 20.11 through 20.14 are met. [Minn. R. 7090] | Materials under consideration |
Permit item 20.11: The permittee must ensure off-site treatment project areas are selected in the following order of preference:
|
A model ordinance is being developed |
Permit item 20.12: Off-site treatment projects must involve the creation of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Routine maintenance of structural stormwater BMPs already required by this permit cannot be used to meet this requirement. [Minn. R. 7090] | A model ordinance is being developed |
Permit item 20.13: Off-site treatment projects must be completed within 24 months after the start of the original construction activity. [Minn. R. 7090] | A model ordinance is being developed |
Permit item 20.14: If the permittee receives payment from the owner of a construction activity for off-site treatment, the permittee must apply any such payment received to a public stormwater project, and all projects must comply with the requirements in items 20.11 through 20.13. [Minn. R. 7090] | A model ordinance is being developed |
Permit item 20.15: The permittee’s regulatory mechanism(s) must include the establishment of legal mechanism(s) between the permittee and owners of structural stormwater BMPs not owned or operated by the permittee, that have been constructed to meet the requirements in Section 20. The legal mechanism(s) must include provisions that, at a minimum:
|
Example Maintenance Agreement 1 |
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 20.17: The permittee must implement written procedures for site plan reviews conducted by the permittee prior to the start of construction activity, to ensure compliance with requirements of the permittee’s regulatory mechanism(s). [Minn. R. 7090] | Materials under consideration |