MS4 permit authorization page

Table of Contents



PART I. AUTHORIZATION UNDER THIS PERMIT

A. Eligibility
B. Limitations on Authorization
C. Permit Authorization
D. Transfer of Ownership or Control
E. Issuance of Individual Permits
F. Rights and Responsibilities

PART II. APPLICATION REQUIREMENTS

A. Application for Reauthorization
B. New Permittee Applicants
C. Existing Permittee Applicants
D. Stormwater Pollution Prevention Program (SWPPP) Document

PART III. STORMWATER POLLUTION PREVENTION PROGRAM (SWPPP)

A. Regulatory Mechanism(s)
B. Enforcement Response Procedures (ERPs)
C. Mapping and Inventory
D. Minimum Control Measures (MCMs)
1. Public Education and Outreach
2. Public Participation/Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Stormwater Runoff Control
5. Post-Construction Stormwater Management
6. Pollution Prevention/Good Housekeeping For Municipal Operations
E. Discharges To Impaired Waters With A United States Environmental Protection Agency (USEPA)-Approved Total Maximum Daily Load (TMDL) That Includes An Applicable Waste Load Allocation (WLA)
F. Alum or Ferric Chloride Phosphorus Treatment Systems
G. SWPPP Modification

PART IV. ANNUAL SWPPP ASSESSMENT, ANNUAL REPORTING AND RECORD KEEPING

A. Annual SWPPP Assessment
B. Annual Reporting
C. Record Keeping
D. Where to Submit

PART V. GENERAL CONDITIONS

APPENDIX A: SCHEDULES

APPENDIX B: DEFINITIONS AND ABBREVIATIONS

Contents

PART I. AUTHORIZATION UNDER THIS PERMIT

A. Eligibility

To be eligible for authorization to discharge stormwater under this permit, the applicant must be an owner and/or operator (owner/operator) of a small MS4 and meet one or more of the criteria requiring permit issuance as specified in Minn. R. 7090.1010.
  1. Authorized Stormwater Discharges

    This permit authorizes stormwater discharges from small MS4s as defined in 40 CFR § 122.26(b)(16).

  2. Authorized Non-Stormwater Discharges

The following categories of non-stormwater discharges or flows are authorized under this permit to enter the permittee’s small MS4 only if the permittee does not identify them as significant contributors of pollutants (i.e., illicit discharges), in which case the discharges or flows shall be addressed in the permittee’s SWPPP: water line flushing, landscape irrigation, diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration (as defined at 40 CFR § 35.2005(b)(20)), uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, street wash water, and discharges or flows from firefighting activities.

B. Limitations on Authorization

The following discharges or activities are not authorized by this permit:

  1. Non-stormwater discharges, except those authorized in Part I.A.2.
  2. Discharges of stormwater to the small MS4 from activities requiring a separate NPDES/SDS permit. This permit does not replace or satisfy any other permitting requirements.
  3. Discharges of stormwater to the small MS4 from any other entity located in the drainage area or outside the drainage area. Only the permittee’s small MS4 and the portions of the storm sewer system that are under the permittee’s operational control are authorized by this permit.
  4. This permit does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act (Minn. Stat. ch. 116D), or the National Environmental Policy Act (42 U.S.C. §§ 4321 - 4370 f).
  5. This permit does not replace or satisfy any review requirements for endangered or threatened species, from new or expanded discharges that adversely impact or contribute to adverse impacts on a listed endangered or threatened species, or adversely modify a designated critical habitat.
  6. This permit does not replace or satisfy any review requirements for historic places or archeological sites, from new or expanded discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites.
  7. Prohibited discharges pursuant to Minn. R. 7050.0180, subp. 3, 4, and 5.

C. Permit Authorization

In order for an applicant to be authorized to discharge stormwater from a small MS4 under this permit:

  1. The applicant shall submit a complete application to discharge stormwater under this permit in accordance with Part II.
  2. The Commissioner shall review the permit application for completeness and compliance with this permit.

    a. If an application is determined to be incomplete, the Commissioner will notify the applicant in writing, indicate why the application is incomplete, and request that the applicant resubmit the application.

    b. If an application is determined to be complete, the Commissioner shall make a preliminary determination as to whether the permit should be issued or denied in accordance with Minn. R. 7001.

  3. The Commissioner shall provide public notice with the opportunity for a hearing on the preliminary determination.
  4. Upon receipt of written notification of final approval of the application from the Commissioner, the applicant is authorized to discharge stormwater from the small MS4 under the terms and conditions of this permit.

D. Transfer of Ownership or Control

Where the ownership or significant operational control of the small MS4 changes after the submittal of an application under Part II, the new owner/operator must submit a new application in accordance with Part II.

E. Issuance of Individual Permits

  1. The permit applicant may request an individual permit in accordance with Minn. R. 7001.0210, subp.6, for authorization to discharge stormwater associated with a small MS4.
  2. The Commissioner may require an individual permit for the permit applicant or permittee covered by a general permit, in accordance with Minn. R. 7001.0210, subp. 6.

F. Rights and Responsibilities

  1. The Commissioner may modify this permit or issue other permits, in accordance with Minn. R. ch. 7001, to include more stringent effluent limitations or permit requirements that modifications may be based on the Commissioner’s determination that such modifications are needed to protect water quality.
  2. The Commissioner may designate additional small MS4s for coverage under this permit in accordance with Minn. R. ch. 7090. The owner/operator of a small MS4 that is designated for coverage must comply with the permit requirements by the dates specified in the Commissioner’s determination.

MS4 PART II. APPLICATION REQUIREMENTS

A. Application for Reauthorization

If a permit has been issued by the Agency and the permittee holding the permit desires to continue the permitted activity beyond the expiration date of the permit, the permittee shall submit a written application for permit reissuance at least 180 days before the expiration date of the existing permit. (Minn. R. 7001.0040, subp.3).

B. New Permittee Applicants

To become a new permittee authorized to discharge stormwater under this permit, the owner/operator of a small MS4 shall submit an application, on a form provided by the Commissioner, in accordance with the schedule in Appendix A, Table 3, and the following requirements:

  1. Submit Part 1 of the permit application (includes the permit application fee).
  2. Submit Part 2 of the permit application, with the Stormwater Pollution Prevention Program (SWPPP) document completed in accordance with Part II.D.

C. Existing Permittee Applicants

All existing permittees seeking to continue discharging stormwater associated with a small MS4 after the effective date of this permit shall submit Part 2 of the permit application, on a form provided by the Commissioner, in accordance with the schedule in Appendix A, Table 1, with the SWPPP document completed in accordance with Part II.D. NOTE: Existing permittees were required to submit Part 1 of the permit application prior to the expiration date (May 31, 2011) of the Agency’s small MS4 general permit No.MNR040000, effective June 1, 2006, (see Part II.A above).

D. Stormwater Pollution Prevention Program (SWPPP) Document

All applicants shall submit a SWPPP document with Part 2 of the application form when seeking coverage under this permit. The SWPPP document shall become an enforceable part of this permit upon approval by the Commissioner. Modifications to the SWPPP document that are required or allowed by this permit (see Part III.G) shall also become enforceable provisions. The SWPPP document shall be submitted on a form provided by the Commissioner and shall include the following:

  1. A description of partnerships with another regulated small MS4(s), into which the applicant has entered, in order to satisfy one or more requirements of this permit.
  2. A description of all Regulatory Mechanism(s) (e.g., contract language, an ordinance, permits, standards, etc.) the applicant has developed, implemented, and enforced that satisfies the requirements of each program specified under Part III.D.3, 4, and 5. The description shall include the type(s) of Regulatory Mechanism(s) the applicant has in place at the time of application that will be used to satisfy the requirements. If the Regulatory Mechanism(s) have not been developed at the time of application (e.g., new permittee applicants), or revised to meet new requirements of this permit (e.g., existing permittee applicants); the applicant shall describe tasks and corresponding schedules necessary to satisfy the permit requirements in accordance with the schedule in Appendix A, Table 2 (existing permittee applicants), or Table 3 (new permittee applicants).
  3. A description of existing Enforcement Response Procedures (ERPs) the applicant has developed and implemented that satisfy the requirements of Part III.B.1. If the applicant has not yet developed ERPs (e.g., new permittee applicants), or existing ERPs must be updated to satisfy new requirements, the description must include tasks and corresponding schedules necessary to satisfy the permit requirements in accordance with the schedule in Appendix A, Table 2 (existing permittee applicants), or Table 3 (new permittee applicants).
  4. A description of the status of the applicant’s storm sewer system map and inventory as required by Part III.C. The description must indicate whether each requirement of Part III.C.1, is satisfied, and for Part III.C.2, is complete, at the time of application. For each requirement of Part III.C that is not satisfied at the time of application, the applicant shall include tasks and corresponding schedules necessary to satisfy the mapping and inventory requirements in accordance with the schedule in Appendix A, Table 2 (existing permittee applicants), or Table 3 (new permittee applicants).
  5. For each Minimum Control Measure (MCM) outlined in Part III.D:

    a.The Best Management Practices (BMPs) the applicant will implement, or has implemented, for each MCM.

    b.The measurable goals for each of the BMPs identified in Part II.D.5.a, including as appropriate, the months and years in which the applicant will undertake required actions, including interim milestones and the frequency of the action, in narrative or numeric form, as appropriate.

    c. Name(s) of individual(s) or position titles responsible for implementing and/or coordinating each component of the MCM.

  6. For each applicable Waste Load Allocation (WLA) approved prior to the effective date of this permit, the applicant shall submit the following information as part of the SWPPP document:

    a. TMDL project name(s)

    b. Numeric WLA(s), including units

    c. Type of WLA (i.e., categorical or individual)

    d. Pollutant(s) of concern

    e. Applicable flow data specific to each applicable WLA

    f. For each applicable WLA not met at the time of application, a compliance schedule is required. Compliance schedules can be developed to include multiple WLAs associated with a TMDL project and shall include:

    1. Interim milestones, expressed as BMPs or progress toward implementation of BMPs to be achieved during the term of this permit

    2. Dates for implementation of interim milestones
    3. Strategies for continued BMP implementation beyond the term of this permit
    4. Target dates the applicable WLA(s) will be achieved



g. For each applicable WLA the permittee is reasonably confident is being met at the time of application, the permittee must provide the following documentation:

    1. Implemented BMPs used to meet each applicable WLA
    2. A narrative describing the permittee’s strategy for long-term continuation of meeting each applicable WLA.
  1. For the requirements of Part III.F, Alum or Ferric Chloride Phosphorus Treatment Systems, if applicable, the applicant shall submit the following:

    a. Geographic coordinates of the system

    b. Name(s) of individual(s) or position titles responsible for the operation of the system

    c. Information listed in Part III.F.3.a(1)-(6), if the system is constructed at the time the application is submitted to the Agency

    d. Indicate if the system complies with the requirements of Part III.F

    e. If applicable, for each Part III.F requirement that the applicant’s system does not comply with at the time of application, describe tasks and corresponding schedules necessary to bring the system into compliance in accordance with the schedule in Appendix A, Table 2 (existing permittee applicants), or Table 3 (new permittee applicants).

MS4 PART III. STORMWATER POLLUTION PREVENTION PROGRAM (SWPPP)

The permittee shall develop, implement, and enforce a SWPPP designed to reduce the discharge of pollutants from the small MS4 to the Maximum Extent Practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act.

If the permittee enters into a partnership for purposes of meeting SWPPP requirements, the permittee maintains legal responsibility for compliance with this permit.

Existing permittees shall revise their SWPPP developed under the Agency’s small MS4 general permit No.MNR040000 that was effective June, 1, 2006, to meet the requirements of this permit in accordance with the schedule in Appendix A, Table 2. New permittees shall develop, implement, and enforce their SWPPP in accordance with the schedule in Appendix A, Table 3. The permittee’s SWPPP shall consist of the following:

A. Regulatory Mechanism(s)

To the extent allowable under state, tribal or local law, the permittee shall develop, implement, and enforce a Regulatory Mechanism(s) to meet the terms and conditions of Part III.D.3, 4, and 5. 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.

B. Enforcement Response Procedures (ERPs)

  1. The permittee shall develop and implement written ERPs to enforce and compel compliance with the Regulatory Mechanism(s) developed and implemented by the permittee in accordance with Part III.A.
  2. Enforcement conducted by the permittee pursuant to the ERPs shall be documented. Documentation shall include, at a minimum, 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), including reference(s) to relevant Regulatory Mechanism(s)

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

e. Date(s) and type(s) of enforcement used to compel compliance (e.g., written notice, citation, stop work order, withholding of local authorizations, etc.)

f. Referrals to other regulatory organizations (if any)

g. Date(s) violation(s) resolved

C. Mapping and Inventory

1. Mapping

New permittees shall develop, and existing permittees shall update, a storm sewer system map that depicts the following:

a. The permittee’s entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in diameter, including stormwater flow direction in those pipes

b. Outfalls, including a unique identification (ID) number assigned by the permittee, and an associated geographic coordinate

c. Structural stormwater BMPs that are part of the permittee’s small MS4

d. All receiving waters

2. Inventory (2009 Minnesota Session Law, Ch. 172. Sec. 28).

a. The permittee shall complete an inventory of:

  1. All ponds within the permittee’s jurisdiction that are constructed and operated for purposes of water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. Stormwater ponds do not include areas of temporary ponding, such as ponds that exist only during a construction project or short-term accumulations of water in road ditches.
  2. All wetlands and lakes, within the permittee’s jurisdiction, that collect stormwater via constructed conveyances.

b. The permittee shall complete and submit the inventory to the Agency on a form provided by the Commissioner. Each feature inventoried shall include the following information:

  1. A unique identification (ID) number assigned by the permittee
  2. A geographic coordinate
  3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional judgment.

D. Minimum Control Measures (MCMs)

The permittee shall incorporate the following six MCMs into the SWPPP. The permittee shall document as part of the SWPPP, a description of BMPs used for each MCM, the responsible person(s) and department(s) in charge, an implementation schedule, and measureable goals that will be used to determine the success of each BMP.

1. Public Education and Outreach

New permittees shall develop and implement, and existing permittees shall revise their current program, as necessary, and continue to implement, a public education program to distribute educational materials or equivalent outreach that informs the public of the impact stormwater discharges have on water bodies and that includes actions citizens, businesses, and other local organizations can take to reduce the discharge of pollutants to stormwater. The program shall also include:

a. Distribution of educational materials or equivalent outreach focused on:

  1. Specifically selected stormwater-related issue(s) of high priority to the permittee to be emphasized during this permit term (e.g., specific TMDL reduction targets, changing local business practices, promoting adoption of residential BMPs, lake improvements through lake associations, responsible management of pet waste, household chemicals, yard waste, deicing materials, etc.)
  2. Illicit discharge recognition and reporting illicit discharges to the permittee

b. An implementation plan that consists of the following:

  1. Target audience(s), including measurable goals for each audience
  2. Responsible Person(s) in charge of overall plan implementation
  3. Specific activities and schedules to reach measurable goals for each target audience
  4. A description of any coordination with and/or use of other stormwater education and outreach programs being conducted by other entities, if applicable
  5. Annual evaluation to measure the extent to which measurable goals for each target audience are attained

c. Documentation of the following information:

  1. A description of any specific stormwater-related issues identified by the permittee under Part III.D.1.a(1)
  2. All information required under Part III.D.1.b
  3. Any modifications made to the program as a result of the annual evaluation under Part III.D.1.b(5)
  4. Activities held, including dates, to reach measurable goals
  5. Quantities and descriptions of educational materials distributed, including dates distributed

2. Public Participation/Involvement

a. New permittees shall develop and implement, and existing permittees shall revise their current program, as necessary, and continue to implement, a Public Participation/Involvement program to solicit public input on the SWPPP. The permittee shall:

  1. Provide a minimum of one (1) opportunity annually for the public to provide input on the adequacy of the SWPPP. Public meetings can be conducted to satisfy this requirement provided appropriate local public notice requirements are followed and opportunity to review and comment on the SWPPP is provided.
  2. Provide access to the SWPPP document, Annual Reports, and other documentation that supports or describes the SWPPP (e.g., Regulatory Mechanism(s), etc.) for public review, upon request. All public data requests are subject to the Minnesota Government Data Practices Act, Minn. Stat. ch. 13.
  3. Consider public input, oral and written, submitted by the public to the permittee, regarding the SWPPP.

b. Document the following information:

  1. All relevant written input submitted by persons regarding the SWPPP
  2. All responses from the permittee to written input received regarding the SWPPP, including any modifications made to the SWPPP as a result of the written input received
  3. Date(s) and location(s) of events held for purposes of compliance with this requirement
  4. Notices provided to the public of any events scheduled to meet this requirement, including any electronic correspondence (e.g., website, e-mail distribution lists, notices, etc.)

3. Illicit Discharge Detection and Elimination (IDDE)

New permittees shall develop, implement, and enforce, and existing permittees shall revise their current program as necessary, and continue to implement and enforce, a program to detect and eliminate illicit discharges into the small MS4. The IDDE program shall consist of the following:

a. Map of the small MS4 as required by Part III.C.1.

b. Regulatory Mechanism(s) that effectively prohibits non-stormwater discharges into the small MS4, except those non-stormwater discharges authorized under Part I.B.1.

c. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted under Part III.D.6.e and f. Where feasible, illicit discharge inspections shall be conducted during dry-weather conditions (e.g., periods of 72 or more hours of no precipitation).

d. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may also include the use of mobile cameras, collecting and analyzing water samples, and/or other detailed inspection procedures that may be effective investigative tools.

e. Training of all field staff, in accordance with the requirements of Part III.D.6.g(2), in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation.

f. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating land uses associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. Based on this evaluation, the permittee shall conduct additional illicit discharge inspections in those areas identified as having a higher likelihood for illicit discharges.

g. For timely response to known, suspected, and reported illicit discharges:

  1. Procedures for investigating, locating, and eliminating the source of illicit discharges.
  2. Procedures for responding to spills, including emergency response procedures to prevent spills from entering the small MS4. The procedures shall 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.
  3. When the source of the illicit discharge is found, ERPs required by Part III.B (if necessary) to eliminate the illicit discharge and require any needed corrective action(s).

h. Documentation of the following information:

  1. Date(s) and location(s) of IDDE inspections conducted in accordance with Part III.D.3.c and f
  2. Reports of alleged illicit discharges received, including date(s) of the report(s), and any follow-up action(s) taken by the permittee
  3. Date(s) of discovery of all illicit discharges
  4. Identification of outfalls, or other areas, where illicit discharges have been discovered
  5. Sources (including a description and the responsible party) of illicit discharges (if known)
  6. Action(s) taken by the permittee, including date(s), to address discovered illicit discharges

4. Construction Site Stormwater Runoff Control

New permittees shall develop, implement, and enforce, and existing permittees shall revise their current program, as necessary, and continue to implement and enforce, a Construction Site Stormwater Runoff Control program that reduces pollutants in stormwater runoff to the small MS4 from construction activity with a 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, that occurs within the permittee’s jurisdiction. The program shall incorporate the following components:

a. Regulatory Mechanism(s)

A Regulatory Mechanism(s) that establishes requirements for erosion and sediment controls and waste controls that is at least as stringent as the Agency’s general permit to Discharge Stormwater Associated with Construction Activity No.MN R100001 (as of the effective date of this permit). The permittee’s Regulatory Mechanism(s) shall 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. Site plans must be kept up-to-date by the owners and operators of construction activity with regard to stormwater runoff controls. The Regulatory Mechanism(s) must require that site plans incorporate the following erosion and sediment controls and waste controls as described in the above referenced permit:

  1. BMPs to minimize erosion
  2. BMPs to minimize the discharge of sediment and other pollutants
  3. BMPs for dewatering activities
  4. Site inspections and records of rainfall events
  5. BMP maintenance
  6. Management of solid and hazardous wastes on each project site
  7. Final stabilization upon the completion of construction activity, including the use of perennial vegetative cover on all exposed soils or other equivalent means
  8. Criteria for the use of temporary sediment basins

b. Site plan review

The program shall include written procedures for site plan reviews conducted by the permittee prior to the start of construction activity, to ensure compliance with requirements of the Regulatory Mechanism(s). The site plan review procedure shall include notification to owners and operators proposing construction activity of the need to apply for and obtain coverage under the Agency’s general permit to Discharge Stormwater Associated with Construction Activity No.MN R100001.

c. Public input

The program shall include written procedures for receipt and consideration of reports of noncompliance or other stormwater related information on construction activity submitted by the public to the permittee.

d. Site inspections

The program shall include written procedures for conducting site inspections, to determine compliance with the permittee’s Regulatory Mechanism(s). The written procedures shall:

  1. Include procedures for identifying priority sites for inspection. Prioritization can be based on such parameters as topography, soil characteristics, type of receiving water(s), stage of construction, compliance history, weather conditions, or other local characteristics and issues.
  2. Identify frequency at which site inspections will be conducted
  3. Identify name(s) of individual(s) or position titles responsible for conducting site inspections
  4. Include a checklist or other written means to document site inspections when determining compliance.

e. ERPs required by Part III.B of this permit

f. Documentation of the following information:

  1. For each site plan review – The project name, location, total acreage to be disturbed, owner and operator of the proposed construction activity, and any stormwater related comments and supporting documentation used by the permittee to determine project approval or denial.
  2. For each site inspection - Inspection checklists or other written means used to document site inspections

5. Post-Construction Stormwater Management

New permittees shall develop, implement, and enforce, and existing permittees shall 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, related to new development and redevelopment projects 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 small MS4. The program shall consist, at a minimum, of the following:

a. A Regulatory Mechanism(s) that incorporates:

(1) A requirement that owners and/or operators of construction activity submit site plans with post-construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity

(2) Conditions for Post-Construction Stormwater Management:

The permittee shall develop and implement a Post-Construction Stormwater Management program that requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the MEP:

(a) For new development projects – no net increase from pre-project conditions (on an annual average basis) of:

  1. Stormwater discharge Volume, unless precluded by the stormwater management limitations in Part III.D.5.a(3)(a)
  2. Stormwater discharges of Total Suspended Solids (TSS)
  3. Stormwater discharges of Total Phosphorus (TP)

(b) For redevelopment projects – a net reduction from pre-project conditions (on an annual average basis) of:

  1. Stormwater discharge Volume, unless precluded by the stormwater management limitations in Part III.D.5.a(3)(a)
  2. Stormwater discharges of TSS
  3. Stormwater discharges of TP

(3) Stormwater management limitations and exceptions

(a) Limitations

1) The permittee’s Regulatory Mechanism(s) shall prohibit the use of infiltration techniques to achieve the conditions for post-construction stormwater management in Part III.D.5.a(2) when the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas:

a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Agency

b) Where vehicle fueling and maintenance occur

c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock

d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater

2) The permittee’s Regulatory Mechanism(s) shall restrict the use of infiltration techniques to achieve the conditions for post-construction stormwater management, without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas:

a) With predominately Hydrologic Soil Group D (clay) soils

b) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features

c) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13

d) Where soil infiltration rates are more than 8.3 inches per hour

3) For linear projects where the lack of right-of-way precludes the installation of volume control practices that meet the conditions for post-construction stormwater management in Part.III.D.5.a(2), the permittee’s Regulatory Mechanism(s) may allow exceptions as described in Part III.D.5.a(3)(b). The permittee’s Regulatory Mechanism(s) shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process.

(b) Exceptions for stormwater discharge volume

The permittee’s Regulatory Mechanism(s) may allow for lesser volume control on the site of the original construction activity than that in Part III.D.5.a(2) only under the following circumstances:

  1. The owner and/or operator of a construction activity is precluded from infiltrating stormwater through a designed system due to any of the infiltration related limitations described above, and
  2. The owner and/or operator of the construction activity implements, to the MEP, volume reduction techniques, other than infiltration, (e.g., evapotranspiration, reuse/harvesting, conservation design, green roofs, etc.) on the site of the original construction activity that reduces stormwater discharge volume, but may not meet the conditions for post-construction stormwater management in Part III.D.5.a(2).

(4) Mitigation provisions

There may be circumstances where the permittee or other owners and operators of a construction activity cannot cost effectively meet the conditions for post-construction stormwater management for TSS and/or TP in Part III.D.5.a(2) on the site of the original construction activity. For this purpose, the permittee shall identify, or may require owners or operators of a construction activity to identify, locations where mitigation projects can be completed. The permittee’s Regulatory Mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met:

(a) Mitigation project areas are selected in the following order of preference:

  1. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity
  1. Locations within the same Department of Natural Resource (DNR) catchment area as the original construction activity
  2. Locations in the next adjacent DNR catchment area up-stream
  3. Locations anywhere within the permittee’s jurisdiction

(b) Mitigation 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.

(c) Routine maintenance of structural stormwater BMPs already required by this permit cannot be used to meet mitigation requirements of this Part.

(d) Mitigation projects shall be completed within 24 months after the start of the original construction activity.

(e) The permittee shall determine, and document, who is responsible for long-term maintenance on all mitigation projects of this Part.

(f) If the permittee receives payment from the owner and/or operator of a construction activity for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post-construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e).

(5) Long-term maintenance of structural stormwater BMPs

The permittee’s Regulatory Mechanism(s) shall provide for the establishment of legal mechanism(s) between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post-construction stormwater management in Part III.D.5.a(2). This only includes structural stormwater BMPs constructed after the effective date of this permit, that are directly connected to the permittee’s MS4, and that are in the permittee’s jurisdiction. The legal mechanism shall include provisions that, at a minimum:

(a) Allow the permittee to conduct inspections of structural stormwater BMPs not owned or operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance.

(b) Include conditions that are designed to preserve the permittee’s right to ensure maintenance responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party.

(c) Include conditions that are designed to protect/preserve structural stormwater BMPs and site features that are implemented to comply with Part III.D.5.a(2). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post-construction stormwater management in Part III.D.5.a(2) continue to be met.

b. Site plan review

The program shall include written procedures for site plan reviews conducted by the permittee prior to the start of construction activity, to ensure compliance with requirements of the Regulatory Mechanism(s).

c. Documentation of the following information:

  1. Any supporting documentation used by the permittee to determine compliance with Part III.D.5.a, including the project name, location, owner and operator of the construction activity, any checklists used for conducting site plan reviews, and any calculations used to determine compliance
  2. All supporting documentation associated with mitigation projects authorized by the permittee
  3. Payments received and used in accordance with Part III.D.5.a(4)(f)
  4. All legal mechanisms drafted in accordance with Part III.D.5.a(5), including date(s) of the agreement(s) and name(s) of all responsible parties involved

6. Pollution Prevention/Good Housekeeping For Municipal Operations

New permittees shall develop and implement, and existing permittees shall revise their current program, as necessary, and continue to implement, an operations and maintenance program that prevents or reduces the discharge of pollutants from permittee owned/operated facilities and operations to the small MS4. The operations and maintenance program shall include, at a minimum, the following:

a. Facilities Inventory

The permittee shall develop and maintain an inventory of permittee owned/operated facilities that contribute pollutants to stormwater discharges. Facilities to be inventoried may include, but is not limited to: composting, equipment storage and maintenance, hazardous waste disposal, hazardous waste handling and transfer; landfills, solid waste handling and transfer, parks, pesticide storage, public parking lots, public golf courses; public swimming pools, public works yards, recycling, salt storage, vehicle storage and maintenance (e.g., fueling and washing) yards, and materials storage yards.

b. Development and Implementation of BMPs for inventoried facilities and municipal operations

Considering the source of pollutants and sensitivity of receiving waters (e.g., Outstanding Resource Value Waters (ORVWs), impaired waters, trout streams, etc.), the permittee shall develop and implement BMPs that prevent or reduce pollutants in stormwater discharges from the small MS4 and from:

  1. All inventoried facilities that discharge to the MS4, and
  2. The following municipal operations that may contribute pollutants to stormwater discharges, where applicable:

(a) Waste disposal and storage, including dumpsters

(b) Management of temporary and permanent stockpiles of materials such as street sweepings, snow, deicing materials (e.g., salt), sand and sediment removal piles

(c) Vehicle fueling, washing and maintenance

(d) Routine street and parking lot sweeping

(e) Emergency response, including spill prevention plans

(f) Cleaning of maintenance equipment, building exteriors, dumpsters, and the disposal of associated waste and wastewater

(g) Use, storage, and disposal of significant materials

(h) Landscaping, park, and lawn maintenance

(i) Road maintenance, including pothole repair, road shoulder maintenance, pavement marking, sealing, and repaving

(j) Right-of-way maintenance, including mowing

(k) Application of herbicides, pesticides, and fertilizers

(l) Cold-weather operations, including plowing or other snow removal practices, sand use, and application of deicing compounds

c. Development and implementation of BMPs for MS4 discharges that may affect Source Water Protection Areas (Minn. R. 4720.5100-4720.5590)

The permittee shall incorporate BMPs into the SWPPP to protect any of the following drinking water sources that the MS4 discharge may affect, and the permittee shall include the map of these sources with the SWPPP if they have been mapped:

  1. Wells and source waters for DWSMAs identified as vulnerable under Minn.R. 4720.5205, 4720.5210, and 4720.5330
  2. Source water protection areas for surface intakes identified in the source water assessments conducted by or for the Minnesota Department of Health (MDH) under the federal Safe Drinking Water Act, U.S.C. §§ 300j – 13

d. Pond Assessment Procedures and Schedule

The permittee shall develop procedures and a schedule for the purpose of determining the TSS and TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater. The schedule (which may exceed this permit term) shall be based on measureable goals and priorities established by the permittee.

e. Inspections

  1. Unless inspection frequency is adjusted as described below, the permittee shall conduct annual inspections of structural stormwater BMPs (excluding stormwater ponds which are under a separate schedule below) to determine structural integrity, proper function and maintenance needs.

    Inspections of structural stormwater BMPs shall be conducted annually unless the permittee determines if either of the following conditions apply: 1) Complaints received or patterns of maintenance indicate a greater frequency is necessary, or 2) Maintenance or sediment removal is not required after completion of the first two annual inspections; in which case the permittee may reduce the frequency of inspections to once every two (2) years. However, existing permittees are authorized under this permit to continue using inspection frequency adjustments, previously determined under the general stormwater permit for small MS4s No.MNR040000, effective June 1, 2006, provided that documentation requirements in Part III.D.6.h(2) are satisfied.
  2. Prior to the expiration date of this permit, the permittee shall conduct at least one inspection of all ponds and outfalls (excluding underground outfalls) in order to determine structural integrity, proper function, and maintenance needs.
  3. The permittee shall conduct quarterly inspections of stockpiles, and storage and material handling areas as inventoried in Part III.D.6.a, to determine maintenance needs and proper function of BMPs.

f. Maintenance

Based on inspection findings, the permittee shall determine if repair, replacement, or maintenance measures are necessary in order to ensure the structural integrity, proper function, and treatment effectiveness of structural stormwater BMPs. Necessary maintenance shall be completed as soon as possible to prevent or reduce the discharge of pollutants to stormwater.

g. Employee Training

The permittee shall develop and implement a stormwater management training program commensurate with employee’s job-duties as they relate to the permittee’s SWPPP, including reporting and assessment activities. The permittee may use training materials from the United States Environmental Protection Agency (USEPA), state and regional agencies, or other organizations as appropriate to meet this requirement. The employee training program shall:

  1. Address the importance of protecting water quality
  2. Cover the requirements of the permit relevant to the job duties of the employee
  3. Include a schedule that establishes initial training for new and/or seasonal employees, and recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements

h. Documentation of the following information:

(1) Date(s) and description of findings of all inspections conducted in accordance with Part III.D.6.e

(2) Any adjustments to inspection frequency as authorized under Part III.D.6.e(1)

(3) A description of maintenance conducted, including dates, as a result of inspection findings

(4) Pond sediment excavation and removal activities, including:

(a) The unique ID number (consistent with that required in Part III.C.2.a) of each stormwater pond from which sediment is removed

(b) The volume (e.g., cubic yards) of sediment removed from each stormwater pond

(c) Results from any testing of sediment from each removal activity

(d) Location(s) of final disposal of sediment from each stormwater pond

(5) Employee stormwater management training events, including a list of topics covered, names of employees in attendance, and date of each event

E. Discharges to Impaired Waters with a USEPA-Approved TMDL that Includes an Applicable WLA

For each applicable WLA approved prior to the effective date of this permit, the BMPs included in the compliance schedule at application constitute a discharge requirement for the permittee. The permittee shall demonstrate continuing progress toward meeting each discharge requirement, on a form provided by the Commissioner, by submitting the following:

  1. An assessment of progress toward meeting each discharge requirement, including a list of all BMPs being applied to achieve each applicable WLA. For each structural stormwater BMP, the permittee shall provide a unique identification (ID) number and geographic coordinate. If the listed structural stormwater BMP is also inventoried as required by Mapping and Inventory Part III.C.2, the same ID number shall be used.
  2. A list of all BMPs the permittee submitted at the time of application in the SWPPP document compliance schedule(s) and the stage of implementation for each BMP, including any BMPs specifically identified for the small MS4 in the TMDL report that the permittee plans to implement
  3. An up-dated estimate of the cumulative reductions in loading achieved for each pollutant of concern associated with each applicable WLA
  4. An up-dated narrative describing any adaptive management strategies used (including projected dates) for making progress toward achieving each applicable WLA

F. Alum or Ferric Chloride Phosphorus Treatment Systems

If the permittee uses an alum or ferric chloride phosphorus treatment system, the permittee shall comply with the following:

1. Minimum Requirements of an Alum or Ferric Chloride Phosphorus Treatment System

a. Limitations

  1. The permittee shall use the treatment system for the treatment of phosphorus in stormwater. Non-stormwater discharges shall not be treated by this system.
  2. The treatment system must be contained within the conveyances and structural stormwater BMPs of a small MS4. The utilized conveyances and structural stormwater BMPs shall not include any receiving waters.
  3. Phosphorus treatment systems utilizing chemicals other than alum or ferric chloride must receive written approval from the Agency.
  4. In-lake phosphorus treatment activities are not authorized under this permit.

b. Treatment System Design

  1. The treatment system shall be constructed in a manner that diverts the stormwater flow to be treated from the main conveyance system.
  2. A High Flow Bypass shall be part of the inlet design.
  3. A flocculent storage/settling area shall be incorporated into the design, and adequate maintenance access must be provided (minimum of 8 feet wide) for the removal of accumulated sediment.

2. Monitoring During Operation

a. A designated person shall perform visual monitoring of the treatment system for proper performance at least once every seven (7) days, and within 24 hours after a rainfall event greater than 2.5 inches in 24 hours. Following visual monitoring which occurs within 24 hours after a rainfall event, the next visual monitoring must be conducted within seven (7) days after that rainfall event.

b. Three benchmark monitoring stations shall be established. Table B-1 shall be used for the parameters, units of measure, and frequency of measurement for each station.

c. Samples shall be collected as grab samples or flow-weighted 24-hour composite samples.

d. Each sample, excluding pH samples, must be analyzed by a laboratory certified by the MDH and/or the MPCA, and:

  1. Sample preservation and test procedures for the analysis of pollutants shall conform to 40 CFR Part 136 and Minn. R. 7041.3200.
  2. Detection limits for dissolved phosphorus, dissolved aluminum, and dissolved iron shall be a minimum of 6 micrograms per liter (µg/L), 10 µg/L, and 20 µg/L, respectively.
  3. pH must be measured within 15 minutes of sample collection using calibrated and maintained equipment.
MS4 Table B-1:Monitoring Parameters During Operation
Link to this table
Station Alum Parameters Ferric Parameters Units Frequency
Upstream-Background Total Phosphorus Total Phosphorus mg/L 1 x week
Dissolved Phosphorus Dissolved Phosphorus mg/L 1 x week
Total Aluminum Total Iron mg/L 1 x week
Dissolved Aluminum Dissolved Iron mg/L 1 x week
pH pH SU 1 x week
Flow Flow Mgd Daily
Alum or Ferric Chloride Feed Alum Ferric Gallons Daily Total Dosed In Gallons
Discharge From Treatment Total Phosphorus Total Phosphorus mg/L 1 x week
Dissolved Phosphorus Dissolved Phosphorus mg/L 1 x week
Total Aluminum Total Iron mg/L 1 x week
Dissolved Aluminum Dissolved Iron mg/L 1 x week
pH pH SU 1 x week
Flow Flow Mgd Daily

e. In the following situations, the permittee shall perform corrective action(s) and immediately notify the Minnesota Department of Public Safety Duty Officer at 1-800-422-0798 (toll free) or 651-649-5451 (Metro area):

  1. The pH of the discharged water is not within the range of 6.0 and 9.0
  2. Any indications of toxicity or measurements exceeding water quality standards
  3. A spill, as defined in Minn. Stat. § 115.01, subd. 13, of alum or ferric chloride

3. Reporting and Recordkeeping

a. Annual Reporting

The permittee shall submit the following information with the Annual Report in [MS4 PART IV. ANNUAL SWPPP ASSESSMENT, ANNUAL REPORTING AND RECORD KEEPING#B. Annual Reporting|Part IV.B]. The Annual Report must include a month-by-month summary of:

  1. Date(s) of operation
  2. Chemical(s) used for treatment
  3. Gallons of water treated
  4. Gallons of alum or ferric chloride treatment used
  5. Calculated pounds of phosphorus removed
  6. Any performance issues and the corrective action(s), including the date(s) when corrective action(s) were taken

b. On-Site Recordkeeping

A record of the following design parameters shall be kept on-site:

(1) Site-specific jar testing conducted using typical and representative water samples in accordance with ASTM D2035-08 (2003)

Baseline concentrations of the following parameters in the influent and receiving waters:

(a) Aluminum or Iron

(b) Phosphorus

(3) The following system parameters and how each was determined:

(a) Flocculent settling velocity

(b) Minimum required retention time

(c) Rate of diversion of stormwater into the system

(d) The flow rate from the discharge of the outlet structure

(e) Range of expected dosing rates

4. Treatment System Management

The following site-specific procedures shall be developed and a copy kept on-site:

a. Procedures for the installation, operation and maintenance of all pumps, generators, control systems, and other equipment

b. Specific parameters for determining when the solids must be removed from the system and how the solids will be handled and disposed of

c. Procedures for cleaning up and/or containing a spill of each chemical stored on-site

G. Stormwater Pollution Prevention Program (SWPPP) Modification

1. The Commissioner may require the permittee to modify the SWPPP as needed, in accordance with the procedures of Minn. R. ch. 7001, and may consider the following factors:

a. Discharges from the small MS4 are impacting the quality of receiving waters.

b. More stringent requirements are necessary to comply with state or federal regulations.

c. Additional conditions are deemed necessary to comply with the goals and applicable requirements of the Clean Water Act and protect water quality.

2. Modifications that the permittee chooses to make to the SWPPP document developed under Part II.D, other than modifications authorized in Part III.G.3 below, must be approved by the Commissioner in accordance with the procedures of Minn. R. ch. 7001. All requests must be in writing, setting forth schedules for compliance. The request must discuss alternative program modifications, assure compliance with requirements of the permit, and meet other applicable laws.

3. The SWPPP document may only be modified by the permittee without prior approval of the Commissioner provided it is in accordance with a. or b. below, and the Commissioner is notified of the modification in the Annual Report for the year the modification is made.

a. A BMP is added, and none subtracted, from the SWPPP document.

b. A less effective BMP identified in the SWPPP document is replaced with a more effective BMP. The alternate BMP shall address the same, or similar, concerns as the ineffective or failed BMP.

MS4 PART IV. ANNUAL SWPPP ASSESSMENT, ANNUAL REPORTING, AND RECORD KEEPING

A. Annual SWPPP Assessment

The permittee shall conduct an Annual Assessment of their SWPPP to determine program compliance, the appropriateness of BMPs, and progress towards achieving the measurable goals identified in their SWPPP document. The Annual SWPPP Assessment shall be performed prior to completion of each Annual Report.

B. Annual Reporting

The permittee shall submit an Annual Report to the Agency by June 30th of each calendar year. The Annual Report shall cover the portion of the previous calendar year during which the permittee was authorized to discharge stormwater under this permit. The Annual Report shall be submitted to the Agency, on a form provided by the Commissioner, that will at a minimum, consist of the following:

  1. The status of compliance with permit terms and conditions, including an assessment of the appropriateness of BMPs identified by the permittee and progress towards achieving the identified measurable goals for each of the MCMs in Part III.D.1-6. The assessment must be based on results of information collected and analyzed, including monitoring (if any), inspection findings, and public input received during the reporting period.
  2. The stormwater activities the permittee plans to undertake during the next reporting cycle
  3. A change in any identified BMPs or measurable goals for any of the MCMs in Part III.D.1-6
  4. Information required in Part III.E, to demonstrate progress in meeting applicable WLAs
  5. Information required to be recorded or documented in Part III
  6. A statement that the permittee is relying on a partnership(s) with another regulated Small MS4(s) to satisfy one or more permit requirements (if applicable), and what agreements the permittee has entered into in support of this effort

C. Record Keeping

  1. The permittee shall keep records required by the NPDES permit for at least three (3) years beyond the term of this permit. The permittee shall submit records to the Commissioner only if specifically asked to do so.
  2. The permittee shall make records, including components of the SWPPP, available to the public at reasonable times during regular business hours (see 40 CFR § 122.7 for confidentiality provision).
  3. The permittee shall retain copies of the permit application, all documentation necessary to comply with SWPPP requirements, all data and information used by the permittee to complete the application process, and any information developed as a requirement of this permit or as requested by the Commissioner, for a period of at least three (3) years beyond the date of permit expiration. This period is automatically extended during the course of an unresolved enforcement action regarding the small MS4 or as requested by the Commissioner.

D. Where to Submit

The permittee shall use an electronic submittal process, when provided by the Agency, when submitting information required by this permit. When submitting information electronically is not possible, the permittee may use the following mailing address:


Minnesota Pollution Control Agency (MPCA)
Attn: WQ Submittals Center
520 Lafayette Road North
St. Paul, MN 55155-4194

MS4 PART V. GENERAL CONDITIONS

A. The Agency’s issuance of a permit does not release the permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit. (Minn. R. 7001.0150, subp.3, item A)

B. The Agency’s issuance of a permit does not prevent the future adoption by the Agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the permittee. (Minn. R. 7001.0150, subp.3, item B)

C. The permit does not convey a property right or an exclusive privilege. (Minn. R. 7001.0150, subp. 3, item C)

D. The Agency’s issuance of a permit does not obligate the Agency to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes. (Minn. R. 7001.0150, subp.3, item D)

E. The permittee shall perform the actions or conduct the activity authorized by the permit in accordance with the plans and specifications approved by the Agency and in compliance with the conditions of the permit. (Minn. R. 7001.0150, subp. 3, item E)

F. The permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The permittee shall install and maintain appropriate backup or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible. (Minn. R. 7001.0150. subp. 3, item F.)

G. The permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the Agency or to the Commissioner by the permit. The permittee shall immediately upon discovery report to the Commissioner an error or omission in these records, reports, plans, or other documents. (Minn. Stat. § 609.671; Minn.R. 7001.0150, subp.3, item G.; and Minn. R. 7001.1090, subp. 1, items G and H)

H. The permittee shall, when requested by the Commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct of the activity covered by the permit. (Minn. R. 7001.0150, subp. 3, item H)

I. When authorized by Minn. Stat. §§ 115.04; 115B.17, subd. 4; and 116.091, and upon presentation of proper credentials, the Agency, or an authorized employee or agent of the Agency, shall be allowed by the permittee to enter at reasonable times upon the property of the permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit. (Minn. R. 7001.0150, subp.3, item I)

J. If the permittee discovers, through any means, including notification by the Agency, that noncompliance with a condition of the permit has occurred, the permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance. (Minn. R. 7001.0150, subp.3, item J)

K. If the permittee discovers that noncompliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the environment, the permittee shall, within 24 hours of the discovery of the noncompliance, orally notify the Commissioner. Within five days of the discovery of the noncompliance, the permittee shall submit to the Commissioner a written description of the noncompliance; the cause of the noncompliance, the exact dates of the period of the noncompliance, if the noncompliance has not been corrected; the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. (Minn. R. 7001.0150, subp.3, item K)

L. The permittee shall report noncompliance with the permit not reported under item K as a part of the next report, which the permittee is required to submit under this permit. If no reports are required within 30 days of the discovery of the noncompliance, the permittee shall submit the information listed in item K within 30 days of the discovery of the noncompliance. (Minn. R. 7001.0150, subp.3, item L)

M. The permittee shall give advance notice to the Commissioner as soon as possible of planned physical alterations or additions to the permitted facility (MS4) or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of the permit. (Minn. R. 7001.0150, subp. 3, item M)

N. The permit is not transferable to any person without the express written approval of the Agency after compliance with the requirements of Minn. R. 7001.0190. A person to whom the permit has been transferred shall comply with the conditions of the permit. (Minn. R. 7001.0150, subp.3, item N)

O. The permit authorizes the permittee to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state and Agency assume no responsibility for damage to persons, property, or the environment caused by the activities of the permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state and Agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minn. Stat. § 3.736. (Minn. R. 7001.0150, subp. 3, item O)

P. This permit incorporates by reference the applicable portions of 40 CFR §§ 122.41 and 122.42 parts (c) and (d), and Minn. R. 7001.1090, which are enforceable parts of this permit.

MS4 APPENDIX A

SCHEDULES

Table 1

Application Submittal Schedule for Existing permittees
Link to this table
Group 1

Within 90 days after permit effective date

Alexandria, City
Andover, City
Anoka Technical College
Arden Hills, City
Birchwood Village, City
Cambridge, City
Centerville, City
Chaska, City
Dakota County Technical College
Detroit Lakes, City
Excelsior, City

Glencoe, City
Grand Rapids, City
Greenwood, City
Hibbing, City
Hilltop, City
Inver Hills Community College
Little Falls, City
Long Lake, City
Maple Plain, City
Minnetonka Beach, City
Monticello, City
Northland Comm & Technical College

Oak Grove, City
Orono, City
Ramsey, City
Sartell, City
South St Paul, City
St Bonifacius, City
St Cloud Technical College
St Louis County
St Paul Park, City
Waite Park, City
Woodland, City

Group 2

Within 120 days after permit effective date

Anoka, City
Anoka-Ramsey Community College
Baxter, City
Brainerd, City
Buffalo, City
Champlin, City
Clay County
Coon Creek WD
Dayton, City
Dilworth, City
East Grand Forks, City
Elk River, City
Elko New Market, City
Fridley, City

Hutchinson, City

La Crescent, City
Lake Superior College - Duluth
Landfall, City
Lauderdale, City
Litchfield, City
Mendota, City
Midway Township
MN State Comm and Tech College-Moorhead
Moorhead, City
Mounds View, City
North Oaks, City

Nowthen, City
Proctor, City
Red Wing, City
Shakopee, City
South Washington WD
Spring Park, City
St Joseph, City
St Michael, City
Stearns County
Tonka Bay, City
West St Paul, City
Willernie, City
Winona, City

Group 3

Within 150 days after permit effective date

Albert Lea, City
Anoka County
Apple Valley, City
Austin, City
Bemidji, City
Benton County
Big Lake, City
Big Lake Township
Blaine, City
Bloomington, City
Brockway Township
Brooklyn Center, City
Brooklyn Park, City
Burnsville, City
Capitol Region WD
Carver, City
Carver County
Cascade Township
Century College
Chanhassen, City
Circle Pines, City
Cloquet, City
Columbia Heights, City
Coon Rapids, City
Corcoran, City
Cottage Grove, City
Credit River Township
Crystal, City
Dakota County
Deephaven, City
Dellwood, City
Duluth, City
Duluth Township
Eagan, City
East Bethel, City
Eden Prairie, City
Edina, City
Empire Township
Fairmont, City
Falcon Heights, City
Faribault, City
Farmington, City
Federal Medical Center
Fergus Falls, City
Forest Lake, City
Gem Lake, City
Golden Valley, City
Grant, City
Ham Lake, City
Hastings, City
Haven Township
Haverhill Township
Hennepin County
Hennepin Technical College Brooklyn Pk

Hermantown, City
Hopkins, City
Houston County
Hugo, City
Independence, City
Inver Grove Heights, City
Jackson Township
La Crescent Township
Laketown Township
Lakeville, City
Lake Elmo, City
Le Sauk Township
Lexington, City
Lilydale, City
Lino Lakes, City
Little Canada, City
Loretto, City
Louisville Township
Mahtomedi, City
Mankato, City
Maplewood, City
Hennepin Technical College Eden Prairie
Maple Grove, City
Marion Township
Marshall, City
Medicine Lake, City
Medina, City
Mendota Heights, City
Metropolitan State University
Minden Township
Minnehaha Creek WD
Minnesota Correctional-Lino Lakes
Minnesota Correctional-St Cloud
Minnetonka, City
Minnetrista, City
MNDOT Metro District
MNDOT Outstate District
MN State University-Moorhead
Montevideo, City
Mound, City
Mpls Community/Technical College
New Brighton, City
New Hope, City
New Ulm, City
Newport City
Normandale Community College
North Branch, City
North Hennepin Community College
North Mankato, City
North St Paul, City
Northfield, City
Oakdale, City
Olmsted County

Owatonna, City
Pine Springs, City
Plymouth, City
Prior Lake, City
Prior Lake-Spring Lake WSD
Ramsey County Public Works
Ramsey-Washington Metro WD
Redwood Falls, City
Rice Creek WD
Rice Lake Township
Richfield, City
Robbinsdale, City
Rochester, City
Rochester Community & Tech College
Rochester Township
Rosemount, City
Roseville, City
Sauk Rapids, City
Sauk Rapids Township
Savage, City
Osseo, City
Otsego, City
Saint Paul College
Scott County
Sherburne County
Shoreview, City
Shorewood, City
Spring Lake Township
Spring Lake Park, City
St Anthony Village, City
St Cloud, City
St Cloud State University
St Joseph Township
St Louis Park, City
St Peter, City
Stillwater, City
Sunfish Lake, City
U of M-Duluth
U of M-Twin Cities Campus
Vadnais Heights, City
Valley Branch WD
Victoria, City
Waconia, City
Waseca, City
Washington County
Watab Township
Wayzata, City
West Lakeland Township
White Bear Lake, City
White Bear Township
Willmar, City
Woodbury, City
Worthington, City

Table 2
Existing Permittees – Schedule of Permit Requirements
Link to this table
Permit Requirement Schedule
PART II. APPLICATION REQUIREMENTS
Submit Part 2 of the permit application with the SWPPP document completed in accordance with Part II.D See Table 1 above
PART III. STORMWATER POLLUTION PREVENTION PROGRAM (SWPPP)
Complete revisions to incorporate requirements of Part III.A-F into current SWPPP Within 12 months of the date permit coverage is extended, unless other timelines have been specifically established in this permit and identified below
Part III.C Mapping and Inventory Part III.C.2 Inventory
Complete and submit inventory in accordance with Part III.C.2 Within 12 months of the date permit coverage is extended.
Part III.D.6 Pollution Prevention/Good Housekeeping For Municipal Operations Part III.D.6.e Inspections
Complete and submit inventory in accordance with Part III.C.2 Within 12 months of the date permit coverage is extended
Part III.D.6 Pollution Prevention/Good Housekeeping For Municipal Operations Part III.D.6.e Inspections
Conduct inspections Annually (Part III.D.6.e(1) and (2)), Quarterly (Part III.D.6.e(3)).
Part III.E Impaired Waters and TMDLs (if applicable)
Submit all information required by Part III.E. With each Annual Report required in Part IV.B
Part III.F. Alum or Ferric Chloride Phosphorus Treatment Systems (if applicable)
Meet requirements for treatment systems under Part III.F Within 12 months of the date permit coverage is extended.
PART IV. ANNUAL SWPPP ASSESSMENT, ANNUAL REPORTING AND RECORD KEEPING Part IV.A Annual SWPPP Assessment
Conduct assessment of the SWPPP. Annually and prior to completion of each Annual Report.
Part IV.B Annual Reporting
Submit an Annual Report By June 30th of each calendar year.
Table 3
New Permittees – Schedule of Permit Requirements
Link to this table
Permit Requirement Schedule
PART II. APPLICATION REQUIREMENTS
Submit Part 1, and Part 2 of the permit application with the proposed SWPPP document as required by Part II.D Within 18 months of written notification from the Commissioner that the MS4 meets the criteria in Minn. R. 7090.1010, Subpart 1.A. or B. and permit coverage is required.
PART III. STORMWATER POLLUTION PREVENTION PROGRAM (SWPPP)
Complete all requirements of Part III.A-F. Within 36 months of the date permit coverage is extended, unless other timelines have been specifically established in this permit and identified below; or
Within timelines established by the Commissioner under Part I.F.2
Part III.A Regulatory Mechanism(s) Illicit Discharge Detection and Elimination (see Part III.D.3)
Develop, implement, and enforce Regulatory Mechanism.
Construction Site Stormwater Runoff Control (see Part III.D.4)
Within 12 months of the date permit coverage is extended
Post-Construction Stormwater Management (see Part III.D.5) X
Develop, implement, and enforce Regulatory Mechanism. Within 24 months of the date permit coverage is extended.
Part III.B Enforcement Response Procedures (ERPs)
Develop and implement written ERPs for the Regulatory Mechanism(s) required under Part III.A. Within 24 months of the date permit coverage is extended.
Part III.C Mapping and Inventory
Develop a storm sewer system map Within 24 months of the date permit coverage is extended.
Part III.C.2 Inventory
Complete and submit inventory in accordance with Part III.C.2. Within 24 months of the date permit coverage is extended.
Part III.D Minimum Control Measures
Part III.D.4 Construction Site Stormwater Runoff Control
Develop, implement, and enforce a Construction Site Stormwater Runoff Control program. Within six (6) months of the date permit coverage is extended. See Part III.A Regulatory Mechanism(s).
Part III.D.5 Post-Construction Stormwater Management
Submit all information required by Part III.E With each Annual Report required in Part IV.B.
Part III.D.6 Pollution Prevention/Good Housekeeping for Municipal Operations
Part III.D.6.e Inspections
Conduct inspections. Annually (Part III.D.6.e(1) and (2)), Quarterly (Part III.D.6.e(3)).
Part III.E Impaired Waters and TMDLs (if applicable)
Submit all information required by Part III.E. With each Annual Report required in Part IV.B.
Part III.F. Alum or Ferric Chloride Phosphorus Treatment Systems (if applicable)
Meet requirements for treatment systems under Part III.F Within 12 months of the date permit coverage is extended
PART IV. ANNUAL SWPPP ASSESSMENT, ANNUAL REPORTING AND RECORD KEEPING

Part IV.A Annual SWPPP Assessment

Conduct assessment of the SWPPP. Annually and prior to completion of each Annual Report.
Part IV.B Annual Reporting
Submit an Annual Report. By June 30th of each calendar year.

MS4 APPENDIX B

DEFINITIONS AND ABBREVIATIONS

The definitions in this Part are for purposes of this permit only.

  1. “Active Karst” means geographic areas underlain by carbonate bedrock (or other forms of bedrock that can erode or dissolve) with less than 50 feet of sediment cover.

  2. "Agency” means the Minnesota Pollution Control Agency or MPCA. (Minn. Stat. § 116.36, subd. 2.)

  3. “Alum or Ferric Chloride Phosphorus Treatment System” means the diversion of flowing stormwater from a MS4, removal of phosphorus through the use a continuous feed of alum or ferric chloride additive, flocculation, and the return of the treated stormwater back into a MS4 or receiving water.

  4. “Applicable WLA” – means a Waste Load Allocation assigned to the permittee and approved by the USEPA.

  5. “Best Management Practices” or “BMPs” means practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. (Minn. R. 7001.1020, subp.5.)

  6. “Commissioner” means the Commissioner of the Minnesota Pollution Control Agency or the Commissioner’s designee. (Minn. Stat. § 116.36, subd. 3.)

  7. “Common Plan of Development or Sale” means a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur.

  8. "Construction Activity" includes construction activity as defined in 40 CFR § 122.26(b)(14)(x) and small construction activity as defined in 40 CFR § 122.26(b)(15). This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more.

  9. “DNR Catchment Area” means the Hydrologic Unit 08 areas delineated and digitized by the Minnesota DNR. The catchment areas are available for download at the Minnesota DNR Data Deli website. DNR catchment areas may be locally corrected, in which case the local corrections may be used.

  10. “Effective Date” means the date, located on the front cover of this permit, on which this permit shall become effective.

  11. “Existing Permittee” means an Owner/Operator of a small MS4 that has been authorized to discharge stormwater under a previously issued general permit for small MS4s in the state of Minnesota.

  12. “General permit” means a permit issued under Minn. R. 7001.0210 to a category of permittees whose operations, emissions, activities, discharges, or facilities are the same or substantially similar. (Minn. R. 7001.0010, subp.4.)

  13. “Geographic Coordinate” means the point location of a stormwater feature expressed by X, Y coordinates of a standard Cartesian coordinate system (i.e. latitude/longitude) that can be readily converted to Universal Transverse Mercator (UTM), Zone 15N in the NAD83 datum. For polygon features, the geographic coordinate will typically define the approximate center of a stormwater feature.

  14. “Green Infrastructure” means a wide array of practices at multiple scales that manage wet weather and that maintains or restores natural hydrology by infiltrating, evapotranspiring, or harvesting and using stormwater. On a regional scale, green infrastructure is the preservation or restoration of natural landscape features, such as forests, floodplains and wetlands, coupled with policies such as infill and redevelopment that reduce overall imperviousness in a watershed. On the local scale, green infrastructure consists of site and neighborhood-specific practices, such as bioretention, trees, green roofs, permeable pavements and cisterns.

  15. “High Flow Bypass” means a function of an inlet device that allows a certain flow of water through, but diverts any higher flows away. High flow bypasses are generally used for BMPs that can only treat a designed amount of flow and that would be negatively affected by higher flows.

  16. “Illicit Discharge” means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities. (40 CFR § 122.26(b)(2))

  17. “Impaired Water” means waters identified as impaired by the Agency, and approved by the USEPA, pursuant to section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)).

  18. “Maximum Extent Practicable” or “MEP” means the statutory standard (33 U.S.C. § 1342(p)(3)(B)(iii)) that establishes the level of pollutant reductions that an Owner or Operator of Regulated MS4s must achieve. The USEPA has intentionally not provided a precise definition of MEP to allow maximum flexibility in MS4 permitting. The pollutant reductions that represent MEP may be different for each small MS4, given the unique local hydrologic and geologic concerns that may exist and the differing possible pollutant control strategies. Therefore, each permittee will determine appropriate BMPs to satisfy each of the six Minimum Control Measures (MCMs) through an evaluative process. The USEPA envisions application of the MEP standard as an iterative process.

  19. “Municipal separate storm sewer system” or “MS4” means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:

    a. owned or operated by a state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district or similar entity, or an Indian tribe or an authorized Indian tribe organization, or a designated and approved management Agency under section 208 of the federal Clean Water Act, United States Code, title 33, section 1288, that discharges into waters of the state

    b. designed or used for collecting or conveying stormwater

    c. that is not a combined sewer; and

    d. that is not part of a publicly owned treatment works as defined in 40 CFR § 122.2

    Municipal separate storm sewer systems do not include separate storm sewers in very discrete areas, such as individual buildings. (Minn. R. 7090.0080, subp. 8).

  20. “New development” means all construction activity that is not defined as redevelopment.

  21. “New Permittee” means an Owner/Operator of a small MS4 that has not been authorized to discharge stormwater under a previously issued General Stormwater Permit for small MS4s in the state of Minnesota and that applies for, and obtains coverage under this permit.

  22. “Non-Stormwater Discharge” means any discharge not composed entirely of stormwater.

  23. “Operator” means the person with primary operational control and legal responsibility for the municipal separate storm sewer system. (Minn. R. 7090.0080, subp.10.)

  24. “Outfall” means the point source where a municipal separate storm sewer system discharges to a receiving water, or the stormwater discharge permanently leaves the permittee’s MS4. It does not include diffuse runoff or conveyances that connect segments of the same stream or water systems (e.g., when a conveyance temporarily leaves an MS4 at a road crossing).

  25. “Owner” means the person that owns the municipal separate storm sewer system. (Minn. R. 7090.0080, subp.11.)

  26. “Permittee” means a person or persons, that signs the permit application submitted to the Agency and is responsible for compliance with the terms and conditions of this permit.

  27. “Person” means the state or any Agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and includes any officer or governing or managing body of any municipality, governmental subdivision, or public or private corporation, or other entity.(Minn. Stat. § 115.01, subd. 10.)

  28. “Pipe” means a closed manmade conveyance device used to transport stormwater from location to location. The definition of pipe does not include foundation drain pipes, irrigation pipes, land drain tile pipes, culverts, and road sub-grade drain pipes.

  29. “Pollutant of Concern” means a pollutant specifically identified in a USEPA-approved TMDL report as causing a water quality impairment.

  30. “Receiving Water” means any lake, river, stream or wetland that receives stormwater discharges from an MS4.

  31. “Redevelopment” means any construction activity where, prior to the start of construction, the areas to be disturbed have 15 percent or more of impervious surface(s).

  32. “Reduce” means reduce to the Maximum Extent Practicable (MEP) unless otherwise defined in the context in which it is used.

  33. “Saturated Soil” means the highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information.

  34. “Significant Materials” includes, but is not limited to: raw materials, fuels, materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA); fertilizers, pesticides, and waste products such as ashes, slag, and sludge that have the potential to be released with stormwater discharges. When determining whether a material is significant, the physical and chemical characteristics of the material should be considered (e.g. the material’s solubility, transportability, and toxicity characteristics) to determine the material’s pollution potential. (40 CFR § 122.26(b)(12).

  35. “Small Municipal Separate Storm Sewer System” or “small MS4”, means all separate storm sewers that are:

    1. Owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management Agency under section 208 of the CWA that discharges to waters of the United States.

    2. Not defined as “large” or “medium” Municipal Separate Storm Sewer Systems pursuant to 40 CFR § 122.26 paragraphs (b)(4) and (b)(7) or designated under paragraph (a)(1)(v).

    3. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.

  36. “Stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage. (Minn. R. 7090.0080, subp.12.)

  37. “Stormwater flow direction” means the direction of predominant flow within a pipe. Flow direction can be discerned if pipe elevations can be displayed on the storm sewer system map.

  38. “Stormwater Pollution Prevention Program” or “SWPPP” means a comprehensive program developed by the permittee to manage and reduce the discharge of pollutants in stormwater to and from the small MS4.

  39. “Structural Stormwater BMP” means a stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.

  40. “Total Maximum Daily Load” or “TMDL” means the sum of the individual Waste Load Allocations for point sources and load allocations for nonpoint sources and natural background, as more fully defined in 40 CFR § 130.2, paragraph (i). A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into a water of the state and still assure attainment and maintenance of water quality standards. (Minn. R. 7052.0010 subp. 42)

  41. “Waste Load Allocation” or “WLA” means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution, as more fully defined in Code of Federal Regulations, http://www.gpo.gov/fdsys/pkg/CFR-2002-title40-vol18/pdf/CFR-2002-title40-vol18-sec130-2.pdf title 40, section 130.2], paragraph (h). In the absence of a TMDL approved by USEPA under CFR § 130.7, or an assessment and remediation plan developed and approved according to part 7052.0200, subpart 1, item C, a WLA is the allocation for an individual point source that ensures that the level of water quality to be achieved by the point source is derived from and complies with all applicable water quality standards and criteria. (Minn. R. 7052.0010 subp. 45)

  42. “Water pollution” means (a) the discharge of any pollutant into any waters of the state or the contamination of any waters of the state so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, agricultural, commercial, industrial, recreational or other legitimate uses, or to livestock, animals, birds, fish or other aquatic life; or (b) the alteration made or induced by human activity of the chemical, physical, biological, or radiological integrity of waters of the state. (Minn. Stat. § 115.01, subd. 13)

  43. “Water Quality Standards” means those provisions contained in Minn. R. 7050 and 7052.

  44. “Waters of the State” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (Minn. Stat. § 115.01, subd. 22.)

  45. “Wetlands” are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:
    1. A predominance of hydric soils

    2. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition and
    3. Under normal circumstances support a prevalence of such vegetation. (Minn. R. 7050.0186, subp. 1a.B.)

ABBREVIATIONS AND ACRONYMS

  • BMP - Best Management Practice
  • CFR – Code of Federal Regulations
  • CWA – Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq)
  • DNR – Department of Natural Resources
  • DWSMA – Drinking Water Supply Management Area
  • ERPs– Enforcement Response Procedures
  • IDDE - Illicit Discharge Detection and Elimination
  • MCM – Minimum Control Measure
  • MDH – Minnesota Department of Health
  • MEP – Maximum Extent Practicable
  • MS4 - Municipal Separate Storm Sewer System
  • NPDES - National Pollutant Discharge Elimination System
  • ORVW - Outstanding Resource Value Water
  • SDS – State Disposal System
  • TMDL - Total Maximum Daily Load
  • TP – Total Phosphorus
  • TSS - Total Suspended Solids
  • USEPA - United States Environmental Protection Agency
  • WLA – Waste Load Allocation

This page was last modified on 5 September 2019, at 07:43.

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