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Latest revision as of 15:16, 5 November 2019

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New permit requirements and related guidance materials
This table is a resource for guidance and outreach related to the new permit requirements. The permit requirements (items) listed below may only be partially new. In this case, the part of the permit item that is new will be indicated with bold italic text. If there is no bold italic text, then the whole permit item is new. This table will continue to be updated as new resources and materials are added.

DDL= Digital Document Library

Minimum Control Measure (MCM) 1 - Public education and outreach
Permit item Guidance materials
Permit item 16.3: During the permit term, the permittee must distribute educational materials or equivalent outreach focused on at least two (2) specifically selected stormwater-related issues of high priority to the permittee (e.g., specific TMDL reduction targets, changing local business practices, promoting adoption of residential BMPs, lake improvements through lake associations, household chemicals, yard waste, etc.). The topics must be different from those described in items 16.4 through 16.6. [Minn. R. 7090] Municipal Separate Storm Sewer System (MS4) toolkit- MCM 1
DDL: MCM 1 Public Education and Outreach
Clean Water MN
MS4 Toolkit: planting for clean water
Permit item 16.4: At least once each calendar year, the permittee must distribute educational materials or equivalent outreach focused on illicit discharge recognition and reporting illicit discharges to the permittee. [Minn. R. 7090] Materials under consideration. This includes a video and newsletter articles.
Permit item 16.5: For cities and townships, at least once each calendar year, the permittee must distribute educational materials or equivalent outreach to residents, businesses, commercial facilities, and institutions, focused on the following:
a. impacts of deicing salt use on receiving waters;
b. methods to reduce deicing salt use; and
c. proper storage of salt or other deicing materials. [Minn. R. 7090]
MPCA chloride resources
MS4 Toolkit: Winter salt use
Permit item 16.6: For cities and townships, at least once each calendar year, the permittee must distribute educational materials or equivalent outreach focused on pet waste. The educational materials or equivalent outreach must include information on the following:
a. impacts of pet waste on receiving waters;
b. proper management of pet waste; and
c. any existing permittee regulatory mechanism(s) for pet waste. [Minn. R. 7090]
Materials under consideration. This includes newsletter articles, a flyer, and a photo library.
There is no poop fairy - video
Permit item 16.8: The permittee must document the following information:
a. a description of all specific stormwater-related issues identified by the permittee in item 16.3;
b. all information required under the permittee’s education and outreach plan in item 16.7;
c. activities held, including dates, to reach each target audience;
d. quantities and descriptions of educational materials distributed, including dates distributed; and
e. estimated audience (e.g., number of participants, viewers, readers, listeners, etc.) for each completed education and outreach activity. [Minn. R. 7090]
DDL: MCM 1 Public Education and Outreach – see documentation section
Minimum Control Measure (MCM) 2 - Public participation/involvement
Permit item 17.6: Each calendar year, the permittee must provide a minimum of one (1) public involvement activity that includes a pollution prevention or water quality theme (e.g., rain barrel distribution event, rain garden workshop, cleanup event, storm drain stenciling, volunteer water quality monitoring, adopt a storm drain program, household hazardous waste collection day, etc.). [Minn. R. 7090] DDL: MCM 2 Public Participation/Involvement
Permit item 17.7: The permittee must document the following information:
a. all relevant written input submitted by persons regarding the SWPPP;
b. 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;
c. date(s), location(s), and estimated number of participants at events held for purposes of compliance with item 17.3;
d. notices provided to the public of any events scheduled to meet item 17.3, including any electronic correspondence (e.g., website, e-mail distribution lists, notices, etc.); and
e. date(s), location(s), description of activities, and estimated number of participants at events held for the purpose of compliance with item 17.6. [Minn. R. 7090]
DDL: MCM 1 Public Education and Outreach – see documentation section
Example Excel spreadsheet of documentation of public activities held (City of Fairbault)
Minimum Control Measure (MCM) 3 - Illicit discharge detection and elimination
Permit item 18.5: For cities, townships, and counties, the permittee’s regulatory mechanism(s) must require owners or custodians of pets to remove and properly dispose of feces on permittee owned/operated land areas. [Minn. R. 7090] Materials under consideration
Permit item 18.6: For cities and townships, the permittee’s regulatory mechanism(s) must require proper salt storage at commercial, institutional, and non-NPDES permitted industrial facilities. At a minimum, the regulatory mechanism(s) must require the following:
a. designated salt storage areas must be covered or indoors;
b. designated salt storage areas must be located on an impervious surface; and
c. implementation of practices to reduce exposure when transferring material in designated salt storage areas (e.g., sweeping, diversions, and/or containment). [Minn. R. 7090]
Chloride Reduction Model Ordinance
Permit item 18.8
a. training all field staff in illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. Field staff includes, but is not limited to, police, fire department, public works, and parks staff. Each calendar year following the initial training, the permittee must provide a refresher-training to all field staff on illicit discharge recognition and reporting. Training for this specific requirement may include, but is not limited to, videos, in-person presentations, webinars, and/or training documents; and
b. ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s IDDE program. Individuals includes, but is not limited to, individuals responsible for investigating, locating, eliminating illicit discharges, and/or enforcement. The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training. [Minn. R. 7090]
DDL: MCM 3 Illicit Discharge Detection and Elimination - see Training tools section
Materials under consideration ("illegal dumping" video from Angie)
Materials under consideration (MS4 Toolkit PowerPoint materials)
Permit item 18.9: The permittee must maintain a written or mapped inventory of priority areas the permittee identifies as having a higher likelihood for illicit discharges. At a minimum, the inventory must include the following:
a. non-NPDES permitted business/industrial activities with storage of large quantities of significant materials that could result in an illicit discharge; and
b. areas where illicit discharges have been identified in the past and continues to pose a risk. [Minn. R. 7090]
Materials under consideration
Permit item 18.10: The permittee must conduct illicit discharge inspections at least once each calendar year in areas identified in item 18.9. [Minn. R. 7090] DDL: MCM 3 Illicit Discharge Detection and Elimination - see Training tools and Documentation & tracking templates sections
Permit item 18.11: The permittee must implement written procedures for investigating, locating, and eliminating the source of illicit discharges. At a minimum, the written procedures must include:
a. a timeframe in which the permittee will investigate a reported illicit discharge;
b. use of visual inspections to detect and track the source of an illicit discharge;
c. tools available to the permittee to investigate and locate an illicit discharge (e.g., mobile cameras, collecting and analyzing water samples, smoke testing, dye testing, etc.);
d. cleanup methods available to the permittee to remove an illicit discharge or spill; and
e. name or position title of responsible person(s) for investigating, locating, and eliminating an illicit discharge. [Minn. R. 7090]
DDL: MCM 3 Illicit Discharge Detection and Elimination - see Example procedures section
Permit item 18.13: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) in Section 18. At a minimum, the written ERPs must include:
a. a description of enforcement tools available to the permittee and guidelines for the use of each tool;
b. timeframes to complete corrective actions; and
c. name or position title of responsible person(s) for conducting enforcement. [Minn. R. 7090]
DDL: MCM 3 Illicit Discharge Detection and Elimination
MN Stormwater Manual - Enforcement response procedures
EPA Model ordinance
Permit item 18.15: For each training in item 18.8, the permittee must document:
a. general subject matter covered;
b. names and departments of individuals in attendance; and
c. date of each event. [Minn. R. 7090]
Materials under consideration
Minimum Control Measure (MCM) 4 - Construction site stormwater runoff control
Permit item 19.3: To the extent allowable under state or local law, the permittee must develop, implement, and enforce a regulatory mechanism(s) that establishes requirements for erosion, sediment, and waste controls that is at least as stringent as the Agency’s most current Construction Stormwater General Permit (MNR100001), herein referred to as the CSW Permit. A regulatory mechanism(s) for the purposes of this permit may consist of contract language, an ordinance, permits, standards, or any other mechanism, that will be enforced by the permittee. [Minn. R. 7090] Materials under consideration (model ordinance in progress)
CSW Permit
Satisfying regulatory mechanism requirements for construction site stormwater runoff control in municipal stormwater permits
Permit item 19.4: When the CSW Permit is reissued, the permittee must revise their regulatory mechanism(s), if necessary, within 12 months of the issuance date of that permit, to be at least as stringent as the requirements for erosion, sediment, and waste controls described in the CSW Permit. [Minn. R. 7090] Materials under consideration (model ordinance in progress)
CSW Permit
Satisfying regulatory mechanism requirements for construction site stormwater runoff control in municipal stormwater permits
Permit item 19.5: The permittee’s regulatory mechanism(s) must require that owners and operators of construction activity develop site plans that must be submitted to the permittee for review and approval, prior to the start of construction activity. The regulatory mechanism(s) must require the owners and operators of construction activity to keep site plans up-to-date with regard to stormwater runoff controls. The regulatory mechanism(s) must require that site plans incorporate the following erosion, sediment, and waste controls that are at least as stringent as described in the CSW Permit:
a. erosion prevention practices;
b. sediment control practices;
c. dewatering and basin draining;
d. inspection and maintenance;
e. pollution prevention management measures;
f. temporary sediment basins; and
g. termination conditions. [Minn. R. 7090]
Materials under consideration (model ordinance in progress)
CSW Permit
Satisfying regulatory mechanism requirements for construction site stormwater runoff control in municipal stormwater permits
Permit item 19.6: The permittee must implement written procedures for site plan reviews conducted by the permittee prior to the start of all construction activity, to ensure compliance with requirements of the regulatory mechanism(s). At a minimum, the procedures must include:
a. written notification to owners and operators proposing construction activity, including projects less than one acre that are part of a larger common plan of development or sale, of the need to apply for and obtain coverage under the CSW Permit; and
b. use of a written checklist, consistent with the requirements of the regulatory mechanism(s), to document the adequacy of each site plan required in item 19.5. [Minn. R. 7090]
MN Stormwater Manual - Site plan review procedure
DDL: MCM 4 Construction Site Stormwater Control - see Example procedures section
CSW Permit Reminder - handout that may be distributed to project operators/owners
Permit item 19.7: The permittee must maintain a written or mapped inventory of active construction activity within the permittee’s jurisdiction and that discharge to the permittee’s MS4. [Minn. R. 7090] Materials under consideration
Permit item 19.9: The permittee must maintain written procedures for identifying high-priority and low-priority sites for inspection. At a minimum, the written procedures must include:
a. a detailed explanation describing how sites will be categorized as either high-priority or low-priority;
b. a frequency at which the permittee will conduct inspections for high-priority sites;
c. a frequency at which the permittee will conduct inspections for low-priority sites; and
d. the name(s) of individual(s) or position title(s) responsible for conducting site inspections. [Minn. R. 7090]
DDL: MCM 4 Construction Site Stormwater Control - see Example procedures section
Creation of materials for determining inspection priority level under consideration
Permit item 19.10: The permittee must implement a written checklist to document each site inspection when determining compliance with the permittee’s regulatory mechanism(s). At a minimum, the checklist must include the permittee’s inspection findings on the following areas, as applicable to each site:
a. stabilization of exposed soils (including stockpiles);
b. stabilization of ditch and swale bottoms;
c. sediment control BMPs on all downgradient perimeters of the project and upgradient of buffer zones;
d. storm drain inlet protection;
e. energy dissipation at pipe outlets;
f. vehicle tracking BMPs;
g. preservation of a 50 foot natural buffer or redundant sediment controls where stormwater flows to a surface water within 50 feet of disturbed soils;
h. owner/operator of construction activity self-inspection records;
i. containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds, and other construction materials); and
j. BMPs maintained and functional. [Minn. R. 7090]
DDL: MCM 4 Construction Site Stormwater Control - see Checklists section
MN Stormwater Manual - Construction site inspection
Permit item 19.12: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s Construction Site Stormwater Runoff Control program. Individuals includes, but is not limited to, individuals responsible for conducting site plan reviews, site inspections, and/or enforcement. The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training. [Minn. R. 7090] MN Stormwater Manual - Employee training
University of Minnesota - Erosion and stormwater management certification program
Minnesota Erosion Control Association (MECA) - workshops and membership
Permit item 19.13: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) in item 19.3. At a minimum, the written ERPs must include:
a. a description of enforcement tools available to the permittee and guidelines for the use of each tool; and
b. name or position title of responsible person(s) for conducting enforcement. [Minn. R. 7090]
MN Stormwater Manual - Enforcement response procedures
Materials under consideration (model ordinance in progress)
Permit item 19.14: For each site plan review conducted by the permittee, the permittee must document the following:
a. project name;
b. location;
c. total acreage to be disturbed;
d. owner and operator of the proposed construction activity;
e. proof of notification to obtain coverage under the CSW Permit, as required in item 19.6, or proof of coverage under the CSW Permit; and
f. any stormwater related comments and supporting completed checklist, as required in item 19.6, used by the permittee to determine project approval or denial. [Minn. R. 7090]
DDL: MCM 4 Construction Site Stormwater Control - see Example procedures section
CSW Permit Reminder - handout that may be distributed to project operators/owners
Permit item 19.15: For each training in item 19.12, the permittee must document:
a. general subject matter covered;
b. names and departments of individuals in attendance; and
c. date of each event. [Minn. R. 7090]
Materials under consideration
Permit item 19.16: The permittee must document any enforcement conducted pursuant to the ERPs in item 19.13, including verbal warnings. At a minimum, the permittee must document the following:
a. name of the person responsible for violating the terms and conditions of the permittee’s regulatory mechanism(s);
b. date(s) and location(s) of the observed violation(s);
c. description of the violation(s);
d. corrective action(s) (including completion schedule) issued by the permittee;
e. referrals to other regulatory organizations (if any); and
f. date(s) violation(s) resolved. [Minn. R. 7090]
Enforcement action documentation template
MN Stormwater Manual - Enforcement response procedures
Minimum Control Measure (MCM) 5 - Post-construction stormwater management
Permit item 20.5: The permittee’s regulatory mechanism(s) must require owners of construction activity to treat the water quality volume on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. [Minn. R. 7090] Materials under consideration (model ordinance in progress)
Permit item 20.6: For construction activity (excluding linear projects), the water quality volume must be calculated as one (1) inch times the sum of the new and the fully reconstructed impervious surface. [Minn. R. 7090] Materials under consideration (model ordinance in progress)
Permit item 20.7: For linear projects, the water quality volume must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first, as described in item 20.8. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, owners of construction activity must maximize the treatment of the water quality volume prior to discharge from the MS4. [Minn. R. 7090] Materials under consideration (model ordinance in progress)
Permit item 20.9: Infiltration systems must be prohibited when the system would be constructed in areas:
a. that receive discharges from vehicle fueling and maintenance areas, regardless of the amount of new and fully reconstructed impervious surface;
b. where high levels of contaminants in soil or groundwater may be mobilized by the infiltrating stormwater. To make this determination, the owners and/or operators of construction activity must complete the Agency’s site screening assessment :checklist, which is available in the Minnesota Stormwater Manual, or conduct their own assessment. The assessment must be retained with the site plans;
c. where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour;
d. 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;
e. of predominately Hydrologic Soil Group D (clay) soils;
f. in an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as high or very high vulnerability as defined by the Minnesota Department of Health;
g. in an ERA within a DWSMA classified as moderate vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;
h. outside of an ERA within a DWSMA classified as high or very high vulnerability unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;
i. within 1,000 feet up-gradient or 100 feet down gradient of active karst features; or
j. that receive stormwater runoff from these types of entities regulated under NPDES for industrial stormwater: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities.
See “higher level of engineering review” in the Minnesota Stormwater Manual for more information. [Minn. R. 7090]
Materials under consideration (model ordinance in progress)
Permit item 20.16: The permittee must maintain a written or mapped inventory of structural stormwater BMPs not owned or operated by the permittee that meet all of the following criteria:
a. the structural stormwater BMP includes an executed legal mechanism(s) between the permittee and owners responsible for the long-term maintenance, as required in item 20.15; and
b. the structural stormwater BMP was implemented on or after August 1, 2013. [Minn. R. 7090]
Materials under consideration
Permit item 20.18: The permittee must ensure that individuals receive training commensurate with their responsibilities as they relate to the permittee’s Post-Construction Stormwater Management program. Individuals includes, but is not limited to, individuals responsible for conducting site plan reviews and/or enforcement. The permittee must ensure that previously trained individuals attend a refresher-training every three (3) calendar years following the initial training. [Minn. R. 7090] Materials under consideration
Permit item 20.19: The permittee must maintain written enforcement response procedures (ERPs) to compel compliance with the permittee’s regulatory mechanism(s) required in Section 20. At a minimum, the written ERPs must include:
a. a description of enforcement tools available to the permittee and guidelines for the use of each tool; and
b. name or position title of responsible person(s) for conducting enforcement. [Minn. R. 7090]
Materials under consideration
Permit item 20.20: For each site plan review conducted by the permittee, the permittee must document the following:
a. supporting documentation used to determine compliance with Section 20 of this permit, including any calculations for the permanent stormwater treatment system;
b. the water quality volume that will be treated through volume reduction practices (e.g., infiltration or other) compared to the total water quality volume required to be treated;
c. documentation associated with off-site treatment projects authorized by the permittee, including rationale to support the location of permanent stormwater treatment projects in accordance with items 20.10 and 20.11;
d. payments received and used in accordance with item 20.14; and
e. all legal mechanisms drafted in accordance with item 20.15, including date(s) of the agreement(s) and name(s) of all responsible parties involved. [Minn. R. 7090]
Materials under consideration
Permit item 20.21: For each training in item 20.18, the permittee must document:
a. general subject matter covered;
b. names and departments of individuals in attendance; and
c. date of each event. [Minn. R. 7090]
Employee training tracking
Minimum Control Measure (MCM) 6 - Good housekeeping/pollution prevention
Permit item 21.3: The permittee must maintain a written or mapped inventory of permittee owned/operated facilities that contribute pollutants to stormwater discharges. The permittee must implement BMPs that prevent or reduce pollutants in stormwater discharges from all inventoried facilities. Facilities to be inventoried may include, but is not limited to:
a. composting;
b. equipment storage and maintenance;
c. hazardous waste disposal;
d. hazardous waste handling and transfer;
e. landfills;
f. solid waste handling and transfer;
g. parks;
h. pesticide storage;
i. public parking lots;
j. public golf courses;
k. public swimming pools;
l. public works yards;
m. recycling;
n. salt storage;
o. snow storage;
p. vehicle storage and maintenance (e.g., fueling and washing) yards; and
q. materials storage yards. [Minn. R. 7090]
DDL: Facility inventory template
Permit item 21.5: The permittee must implement the following BMPs at permittee owned/operated salt storage areas:
a. cover or store the salt indoors;
b. store salt on an impervious surface; and
c. implement practices to reduce exposure when transferring material from salt storage areas (e.g., sweeping, diversions, and/or containment). [Minn. R. 7090]
Cold climate impact on runoff management
Permit item 21.6: The permittee must implement a written snow and ice management policy for individuals that perform winter maintenance activities for the permittee. The policy must establish practices and procedures for snow and ice control operations (e.g., plowing or other snow removal practices, sand use, and application of deicing compounds). [Minn. R. 7090] Model snow and ice policies
Example snow and ice policies
Permit item 21.7: Each calendar year, the permittee must ensure all individuals that perform winter maintenance activities for the permittee receive training that includes:
a. the importance of protecting water quality;
b. BMPs to minimize the use of deicers (e.g., proper calibration of equipment and benefits of pretreatment, pre-wetting, and anti-icing); and
c. tools and resources to assist in winter maintenance (e.g., deicing application rate guidelines, calibration charts, Smart Salting Assessment Tool).

The permittee may use training materials from the Agency’s Smart Salting training or other organizations to meet this requirement. [Minn. R. 7090]

Smart salting (S2) training information
Salt Applicators
Permit item 21.10: The permittee must inspect, at a minimum, 20 percent of all ponds and outfalls (excluding underground outfalls) each calendar year on a rotating basis in order to determine structural integrity, proper function, and maintenance needs. [Minn. R. 7090] U of MN Online Manual for assessing the performance of, and schedule maintenance for, stormwater practices
Managing stormwater sediment best management practices guidance
Assessing the performance of stormwater ponds
Permit item 21.11: Based on inspection findings, the permittee must determine if repair, replacement, or maintenance measures are necessary in order to ensure the structural integrity and proper function of structural stormwater BMPs and outfalls. The permittee must complete necessary maintenance as soon as possible. If the permittee determines necessary maintenance cannot be completed within one year of discovery, the permittee must document a schedule(s) for completing the maintenance. [Minn. R. 7090] Materials under consideration
Permit item 21.13: The permittee must document the following information associated with the operations and maintenance program:
a. date(s) and description of findings, including whether or not an illicit discharge is detected, for all inspections conducted in accordance with items 21.9 and 21.10;
b. any adjustments to inspection frequency as authorized in item 21.9;
c. date(s) and a description of maintenance conducted as a result of inspection findings, including whether or not an illicit discharge is detected;
d. schedule(s) for maintenance of structural stormwater BMPs and outfalls as required in item 21.11; and
e. stormwater management training events, including general subject matter covered, names and departments of individuals in attendance, and date of each event. [Minn. R. 7090]
Inspection checklist templates
Total Maximum Daily Loads (TMDLs) MN Stormwater Manual - Total maximum daily loads (TMDLs)

This page was last modified on 5 November 2019, at 15:16.

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