PART I. AUTHORIZATION UNDER THIS PERMIT
PART II. APPLICATION REQUIREMENTS
PART III. STORMWATER POLLUTION PREVENTION PROGRAM (SWPPP)
PART IV. ANNUAL SWPPP ASSESSMENT, ANNUAL REPORTING AND RECORD KEEPING
PART V. GENERAL CONDITIONS
APPENDIX A: SCHEDULES
APPENDIX B: DEFINITIONS AND ABBREVIATIONS
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.
The following discharges or activities are not authorized by this permit:
In order for an applicant to be authorized to discharge stormwater from a small MS4 under this permit:
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).
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:
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).
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:
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:
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:
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.
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
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
a. The permittee shall complete an inventory of:
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:
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.
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:
b. An implementation plan that consists of the following:
c. Documentation of the following information:
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:
b. Document the following information:
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:
h. Documentation of the following information:
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:
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:
e. ERPs required by Part III.B of this permit
f. Documentation of the following information:
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:
(b) For redevelopment projects – a net reduction from pre-project conditions (on an annual average basis) of:
(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:
(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:
(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:
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:
(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:
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
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:
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
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:
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
b. Treatment System Design
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:
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):
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:
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
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.
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.
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:
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
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.
SCHEDULES
Table 1
Group 1 Within 90 days after permit effective date |
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Alexandria, City |
Glencoe, City |
Oak Grove, City |
Group 2 Within 120 days after permit effective date |
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Anoka, City |
Hutchinson, City La Crescent, City |
Nowthen, City |
Group 3 Within 150 days after permit effective date |
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Albert Lea, City |
Hermantown, City |
Owatonna, City |
Permit Requirement | Schedule |
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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. |
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 |
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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. |
The definitions in this Part are for purposes of this permit only.
This page was last edited on 5 September 2019, at 12:43.
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