The Permittee shall design and implement BMPs for each stormwater control measure outlined below. All stormwater control measures, including BMPs, shall be designed and implemented to eliminate or reduce contact or exposure of pollutants to stormwater or remove pollutants from stormwater prior to discharge from the facility. The SWPPP shall include the type and objective of the BMP used, and a description of how the BMP is evaluated to determine proper function. The Permittee shall implement all non-structural BMPs immediately and all structural BMPs within 12 months, after receiving authorization to discharge industrial stormwater under this permit.
A. Good Housekeeping. Exposed areas that may contribute pollutants to stormwater shall be kept sufficiently clean to reduce or eliminate contaminated stormwater runoff. Typical problem areas include, but are not limited to, trash containers, storage areas, loading docks and vehicle fueling and maintenance areas.
B. Eliminating and Reducing Exposure. Materials management practices shall be evaluated to determine if and how inventories of exposed materials can be reduced or eliminated. The Permittee shall, to the extent prudent and feasible, locate industrial activities and significant materials in areas not exposed to rain, snow, snowmelt or runoff.
C. Salt Storage (if present at the facility). The Permittee shall enclose or cover storage piles of salt or piles containing salt used for deicing or other commercial or industrial purposes to prevent exposure to precipitation. Exposure resulting from the adding or removal of material shall be controlled through appropriate measures (e.g. good housekeeping, diversions, and containment). Salt storage piles do not need to be enclosed or covered where stormwater from the pile is not discharged to surface waters or groundwater, or discharges from the piles are authorized and controlled under a separate NPDES/SDS permit.
D. Erosion Prevention and Sediment Control. The Permittee shall identify areas at the facility that, due to topography, land disturbance (e.g. construction, grading, landscaping), or other factors, have potential for soil erosion. In those areas, the Permittee shall implement structural, vegetative, and/or stabilization BMPs to prevent or control on-site erosion and reduce sediment loads in stormwater discharges.
E. Management of Runoff. The SWPPP shall describe all permanent stormwater BMPs implemented at the facility to manage runoff, including, but not limited to, the permanent structural BMPs used to divert stormwater runoff away from fueling, manufacturing, treatment, storage, and disposal areas, and BMPs that treat, infiltrate, reuse, contain, or otherwise reduce pollutants in stormwater discharges. In addition, the Permittee shall comply with the following requirements where applicable.
1. Industrial stormwater ponds and infiltration devices, located in areas where high levels of contaminants (as defined by the Agency) exist in the soil or in the shallow aquifer, must not contribute to contaminant(s) spreading to a greater extent or rate. At any contamination site, as determined by the Agency, a site analysis shall be conducted by a qualified professional (e.g. professional hydrogeologist, engineer, etc.) and a report filed with the SWPPP. If industrial stormwater ponds and infiltration devices are found to be a contributor to contaminant increase or movement, the Permittee shall submit a plan to the Agency that describes how the Permittee will be reducing contaminants, redesigning, relocating, or eliminating the industrial stormwater ponds and infiltration devices, as needed, to eliminate the contribution to contaminant problems. The plan shall be submitted to the Agency within one year of the Permittee’s authorization to discharge under this permit or if discovered after application, within one year of discovery. The plan shall be implemented as soon as approval is granted by the Agency. The plan may utilize the results of, but does not reduce or eliminate more stringent requirements that may be imposed by other Agency regulatory programs. If agreement with the Agency on an acceptable plan cannot be reached, the Permittee must seek an individual NPDES/SDS permit.
2. Industrial stormwater ponds and infiltration devices shall not be used in any high risk karst area unless a professional geotechnical evaluation is conducted by a qualified professional (e.g. professional hydrogeologist, engineer, etc.) to ensure that the industrial stormwater pond or infiltration device does not present a significant risk to groundwater. Generally accepted practices are described in the applicable portions of the Minnesota Stormwater Manual (See the Minnesota Storm Water Manual, Chapter 14, Section 2.2 and others, for specific information on this process). If the industrial stormwater ponds and infiltration devices present a risk, appropriate measures, such as sealing or removal of the industrial stormwater ponds or infiltration devices, shall be taken to eliminate or minimize the risk. Evaluations shall be documented with the SWPPP.
3. Industrial stormwater ponds and infiltration devices in vulnerable wellhead protection areas must be coordinated with local drinking water authorities and shall be designed to not adversely affect drinking water supplies. The Permittee shall contact the appropriate local drinking water authorities and document coordination efforts with the SWPPP.
4. Permittees with any infiltration device defined as a USEPA “Class V injection well” shall contact the USEPA Region V to determine the need to register as a “Class V injection well”. Refer to the USEPA Underground Injection Well Program for the definitions and complete registration process. Contacts and USEPA response shall be documented with the SWPPP.
1. Unless Part III.F.2 applies, the Permittee shall develop and implement an inspection schedule that includes a minimum of one (1) facility inspection per calendar month that the facility is active and staffed. A minimum of one (1) inspection per calendar year shall be conducted during a runoff event.
2. If a facility is unstaffed and inactive for more than 10 months of a calendar year, the Permittee may limit inspections to once every six (6) months, and is not required to conduct an inspection during a runoff event resulting in stormwater discharge from the facility. However, the Permittee shall include documentation in the SWPPP explaining BMP implementation that assures adequate protection of all waters receiving industrial stormwater discharges from the facility.
3. All facility inspections shall include the following;
a. An evaluation of the facility to determine that the SWPPP accurately reflects site conditions as described in Part IV.B.1-4. At a minimum, the Permittee shall inspect storage tank areas, waste disposal areas, maintenance areas, loading/unloading areas, and raw material, intermediate product, by-product and final product storage areas.
b. An evaluation of all structural and non-structural BMPs to determine effectiveness and proper function.
d. During an inspection conducted during a runoff event, an evaluation of the stormwater runoff to determine if it is discolored or if other contaminants are visible in the runoff (e.g. oil & grease).
4. All inspections shall be documented and the following information shall be stored with the SWPPP:
a. Inspection date (i.e. mm/dd/yyyy), time, and weather conditions.
b. Inspector name.
c. Inspection findings.
d. A description of any necessary corrective actions and a schedule for corrective action completion.
1. BMP Maintenance
The Permittee shall maintain all stormwater BMPs identified in the SWPPP and implemented at the facility, to ensure BMP effectiveness.
a. The Permittee shall develop a schedule for preventive maintenance of all stormwater BMPs. The schedule shall be stored with the SWPPP.
b. If the Permittee identifies BMPs that are not functioning properly, the Permittee shall replace, maintain, or repair the BMPs within seven (7) calendar days of discovery. If BMP replacement, maintenance, or repair cannot be completed within seven (7) calendar days, the Permittee shall implement effective backup BMPs (temporary or permanent) until effectiveness of the original BMPs can be restored. The Permittee shall document the justification for an extended replacement, maintenance, or repair schedule of the failed BMPs, and store it with the SWPPP.
c. The Permittee shall record dates of all maintenance and repairs. The Permittee shall store these records with the SWPPP.
2. Equipment Preventive Maintenance
The Permittee shall develop and implement a preventive maintenance program to be stored with the SWPPP. The program shall require regular inspection, maintenance, and repair of industrial equipment and systems to identify conditions that could cause breakdowns or failures that may result in leaks, spills, and other releases (e.g. hydraulic leaks, torn bag-house filters, etc), and the discharge of pollutants to stormwater. The preventive maintenance program may incorporate by reference a separate Operation and Maintenance Manual (or equivalent), as long as it addresses the items required above for the preventive maintenance program.
The Permittee shall document that all non-stormwater discharges have been evaluated and all discharges not authorized by this permit or a separate NPDES/SDS permit have been eliminated. Documentation of the evaluation shall be included with the SWPPP, and shall consist of:
1. The date of any evaluation.
2. A description of the evaluation criteria used.
3. A list of monitoring locations that were directly observed during the evaluation.
4. The different types of non-stormwater discharges and source locations.
5. The action(s) taken, such as a list of control measures used to eliminate any unauthorized discharge(s) that were identified.
1. The Permittee shall develop and implement a spill prevention and response procedure. If the facility already has a separate plan (e.g. Prevention and Response Plan as required by Minn. Stat. 115E, or Spill Prevention Control and Countermeasure Plan as required by Federal Law), that plan can be incorporated by reference into the SWPPP. In either case, a minimum of the following components shall be included with the SWPPP, or in a separate document:
a. Areas where the storage, transfer, or use of solid or liquid significant materials occurs, where spills and leaks of the material may potentially contribute pollutants to stormwater discharges.
b. Monitoring locations and surface waters that may be affected by spills, leaks, or discharges from emergency firefighting activities from each area identified.
c. The Permittee shall report and document spills or leaks (as defined in Minn. Stat. § 115.061) that occur in exposed areas, or that drain to a monitoring location.
d. Material handling procedures, storage requirements, and cleanup equipment/materials and procedures necessary to recover as rapidly and thoroughly as possible spills or leaks pursuant to Minn. Stat. § 115.061. All methods and procedures must be made available to appropriate facility personnel.
e. Contact information for individuals and emergency and regulatory agencies that must be notified in the event of a spill. When a spill or discharge of a potentially polluting material occurs, the Permittee shall immediately notify the Minnesota Department of Public Safety Duty Officer at 1-800-422-0798 (toll free) or 651-649-5451 (metro area) per Minn. Stat. § 115.061.
2. The Permittee shall ensure the use of infiltration is not part of a spill containment plan. This includes spill plans required under Federal Spill Prevention Containment and Control (SPCC) requirements or Minnesota Statutes 115E “The Spill Bill”.
3. The Permittee shall ensure the use of a pond is not part of a spill containment plan, including spill plans required under Federal Spill Prevention Containment and Control (SPCC requirements or Minnesota Statutes 115E), unless appropriate controls are provided to contain the spill. If a pond is used as part of a spill containment plan, the pond must have a chemically compatible liner for spilled chemicals expected to enter the pond and must have outlet controls to contain a spill. A plan must also be in place to clean up a spill so that the pond will not continue to be a source of spilled pollutants. Evaluations shall be documented with the SWPPP.
The Permittee shall evaluate the facility to determine if any sources containing mercury are exposed to stormwater.
Any time mercury sources or devices are found to be exposed to stormwater, a Mercury Minimization Plan shall be developed that describes how mercury sources will be managed at the site to eliminate exposure to precipitation and stormwater runoff. To the extent feasible, mercury sources and devices shall be removed from stormwater exposure and managed in accordance with Minn. R. 7045, Hazardous Waste, and any additional applicable state and federal rules.
The Permittee shall develop and implement a training program for employees. Training shall cover stormwater control measures, components and goals of the SWPPP, monitoring procedures, and other applicable requirements of the permit. The program shall include a training schedule that includes training at least annually. A record of the trainer’s name and trainer’s organization (internal or external), and the names of trained individual(s) and dates that the individual(s) received training must be maintained, either in the SWPPP or in a separate record stored with the SWPPP. Training shall be commensurate with the job function of the employee. At a minimum, the following individuals shall be trained:
1. Employee(s) overseeing implementation of, revising, and amending the SWPPP.
2. Employee(s) performing installation, inspection, maintenance, and repair of BMPs.
3. Employee(s) who work in areas of industrial activity subject to this permit.