PART I. AUTHORIZATION UNDER THIS PERMIT
- 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.
- Authorized Stormwater Discharges
This permit authorizes stormwater discharges from small MS4s as defined in 40 CFR § 122.26(b)(16).
- 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:
- Non-stormwater discharges, except those authorized in Part I.A.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.
- 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.
- 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).
- 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.
- 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.
- 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:
- The applicant shall submit a complete application to discharge stormwater under this permit in accordance with Part II.
- 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.
- The Commissioner shall provide public notice with the opportunity for a hearing on the preliminary determination.
- 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
- 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.
- 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
- 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.
- 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.
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