2020 MS4 General Permit Section 18 MCM 3: Illicit Discharge Detection and Elimination 2020 MS4 General Permit Section 18 MCM 3: Illicit Discharge Detection and Elimination

Section 18 MCM 3: Illicit Discharge Detection and Elimination

18.1

MCM 3: Illicit Discharge Detection and Elimination (IDDE). [Minn. R. 7090]

18.2

New permittees must develop, implement, and enforce, and existing permittees must revise their current program as necessary, and continue to implement and enforce, a program to detect and eliminate illicit discharges into the MS4. The permittee must incorporate Section 18 requirements into their program. [Minn. R. 7090]

18.3

The permittee must maintain a map of the permittee's MS4, as required in Section 14. [Minn. R. 7090]

18.4

To the extent allowable under state or local law, the permittee must develop, implement, and enforce a regulatory mechanism(s) that prohibits non-stormwater discharges into the permittee's MS4, except those non-stormwater discharges authorized in item 3.2. A regulatory mechanism(s) for the purposes of the General 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. The regulatory mechanism(s) must also include items 18.5 and 18.6, as applicable. [Minn. R. 7090]

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]

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:

a. designated salt storage areas must be covered or indoors;

b. designated salt storage areas must be located on an impervious surface; and

c. implementation of practices to reduce exposure when transferring material in designated salt storage areas (e.g., sweeping, diversions, and/or containment). [Minn. R. 7090]

18.7

The permittee must incorporate illicit discharge detection into all inspection and maintenance activities conducted in items 21.9, 21.10, and 21.11. Where feasible, the permittee must conduct illicit discharge inspections during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation). [Minn. R. 7090]

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]

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]

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. land uses associated with business/industrial activities;

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]

18.11

To the extent allowable under state or local law, the permittee must conduct additional illicit discharge inspections in areas identified in item 18.10. [Minn. R. 7090]

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;

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.);

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]

18.13

The permittee must implement written procedures for responding to spills, including emergency response procedures to prevent spills from entering the MS4. The written procedures must also include the immediate notification of the Minnesota Department of Public Safety Duty Officer at 1-800-422-0798 (toll free) or 651-649-5451 (Metro area), if the source of the illicit discharge is a spill or leak as defined in Minn. Stat. 115.061. [Minn. R. 7090]

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;

b. timeframes to complete corrective actions; and

c. name or position title of responsible person(s) for conducting enforcement. [Minn. R. 7090]

18.15

The permittee must document the following information:

a. date(s) and location(s) of IDDE inspections conducted in accordance with items 18.7 and 18.11;

b. reports of alleged illicit discharges received, including date(s) of the report(s), and any follow-up action(s) taken by the permittee;

c. date(s) of discovery of all illicit discharges;

d. identification of outfalls, or other areas, where illicit discharges have been discovered;

e. sources (including a description and the responsible party) of illicit discharges (if known); and

f. action(s) taken by the permittee, including date(s), to address discovered illicit discharges. [Minn. R. 7090]

18.16

For each training in item 18.8 and 18.9, the permittee must document:

a. general subject matter covered;

b. names and departments of individuals in attendance; and

c. date of each event. [Minn. R. 7090]

18.17

The permittee must document any enforcement conducted pursuant to the ERPs in item 18.14, including verbal warnings. At a minimum, the permittee must document the following:

a. name of the person responsible for violating the terms and conditions of the permittee's regulatory mechanism(s);

b. date(s) and location(s) of the observed violation(s);

c. description of the violation(s);

d. corrective action(s) (including completion schedule) issued by the permittee;

e. referrals to other regulatory organizations (if any); and

f. date(s) violation(s) resolved. [Minn. R. 7090]

18.18

The permittee must conduct an annual assessment of the IDDE program to evaluate program compliance, the status of achieving the measurable requirements in Section 18, and determine how the program might be improved. Measurable requirements are activities that must be documented or tracked as applicable to the MCM (e.g., trainings, inventory, inspections, enforcement, etc.). The permittee must perform the annual assessment prior to completion of each annual report and document any modifications made to the program as a result of the annual assessment. [Minn. R. 7090]