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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.

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 are being created. 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 are being created. 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 pending
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 pending ("illegal dumping" video from Angie)
Materials pending (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 pending
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
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 pending
Minimum Control Measure (MCM) 4 - Construction site stormwater 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 pending (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 pending (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 pending (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]
DDL: MCM 4 - see Example procedures section
MN Stormwater Manual - Site plan review procedure
Upload construction handout