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. This table will continue to be updated as new resources and materials are added.
DDL= Digital Document Library
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 under consideration. 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:
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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:
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Materials under consideration. 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:
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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:
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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] | Materials under consideration |
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: 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 |
Materials under consideration (possible video) | |
Materials under consideration (PowerPoint materials) | |
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 inventory must include the following:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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MN Stormwater Manual - Enforcement response procedures |
Materials under consideration (model ordinance in progress) | |
Permit item 19.13: For each site plan review conducted by the permittee, the permittee must document the following:
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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:
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Materials under consideration |
Permit item 19.15: 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:
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Enforcement action documentation template |
MN Stormwater Manual - Enforcement response procedures | |
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] | Materials under consideration (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] | Materials under consideration (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] | Materials under consideration (model ordinance in progress) |
Permit item 20.9: Infiltration systems must be prohibited when the system would be constructed in areas:
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Materials under consideration (model ordinance in progress) |
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:
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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:
| Materials under consideration |
Permit item 20.20: For each site plan review conducted by the permittee, the permittee must document the following:
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Materials under consideration |
Permit item 20.21: For each training in item 20.18, the permittee must document:
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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:
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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) |