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:4. Construction site stormwater runoff control.  The Permittee shall develop, and as necessary continue to develop, implement, and enforce a program to reduce pollutants in stormwater runoff to the municipal separate storm sewer system from construction activities (public and private) within the Permittee’s jurisdiction that result in a land disturbance of greater than or equal to one acre.  Controls on stormwater discharges from construction activity disturbing less than one acre shall be included in the program, if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more.  The Permittee shall select and implement a program of
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:4. Construction site stormwater runoff control.  The Permittee shall develop, and as necessary continue to develop, implement, and enforce a program to reduce pollutants in stormwater runoff to the municipal separate storm sewer system from construction activities (public and private) within the Permittee’s jurisdiction that result in a land disturbance of greater than or equal to one acre.  Controls on stormwater discharges from construction activity disturbing less than one acre shall be included in the program, if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more.  The Permittee shall select and implement a program of appropriate BMPs and measurable Minimum Control Measure-specific goals for this Minimum Control Measure.  At a minimum, the Permittee shall establish and maintain:
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::a. an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under law.  The ordinance or other regulatory mechanism shall require the owners or operators of all construction activity to implement and maintain BMPs that, at a minimum, provide a level of erosion and sediment control equivalent to that required by Minnesota’s NPDES General Stormwater Permit for Construction Activity; 
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::b. requirements for construction site operators to implement appropriate erosion and sediment control BMPs including installation, inspection and maintenance of the BMPs;
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::c. requirements for construction site operators to control (i.e., properly dispose of, reuse or recycle) wastes at the construction site, such as discarded building materials, concrete truck washout, construction-site chemicals, litter, and sanitary waste, that may cause adverse impacts to water quality;
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::d. requirements for stabilization of stockpiles and disturbed areas including requirements for timeliness and duration of stabilization controls;
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::e. requirements for site dewatering including a prohibition on discharge of water unless appropriately treated;
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::f. standardized written procedures for evaluating the adequacy of erosion and sediment control in site plan review and site inspections by the Permittee including:
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:::1)  consideration of potential water quality impacts;
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:::2) a determination of the need for a Construction Stormwater Permit from the MPCA and, if a Construction Stormwater Permit from the MPCA is required, verification that the permit is obtained;
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:::3) documentation of plan review and decisions;
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:::4) the scope of the inspections;
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:::5) frequency of the inspections;
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:::6) standardized inspection checklist;
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:::7) documentation of inspections;
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:::8) site-specific checklist or other procedures to ensure construction activity proceeds in accordance with approved plans;
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:::9) follow-up and enforcement procedures;
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:::10) identifying priorities for inspections taking into consideration: the nature of the construction activity, topography, soils characteristics, and the water quality of any receiving water(s); and
 +
:::11) a database of construction sites to track site plan review, construction progress and erosion and sediment control compliance.
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::g. procedures to promote, publicize and facilitate public reporting of construction-related erosion and sedimentation issues through mechanisms such as the website, phone and email and for receipt and consideration of complaints, reports of noncompliance or other information on construction-related issues submitted by the public.
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::h. adequate training for all staff whose job duties are related to implementing the construction stormwater program, including permitting, plan review, construction site inspections, and enforcement.  The training may be conducted by the permittee or a qualified third party.  The training shall address the job-specific duties of staff and include, at a minimum:
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:::1) for Erosion and Sediment Control/Stormwater Inspectors, proper control measure selection, installation, implementation, and maintenance, as well as administrative requirements such as inspection reporting/tracking and use of the permittee’s enforcement responses; and
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:::2) for other Construction Inspectors on general stormwater issues, basic control measure implementation information, and procedures for notifying the appropriate personnel of noncompliance.
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::3) for Plan Reviewers regarding control measure selection, design standards, and review procedures.

Revision as of 20:07, 6 October 2017

PART V. STORMWATER MANAGEMENT PROGRAM

A. Stormwater Management Program

The Permittee shall develop, and as necessary continue to develop, implement, and enforce a Stormwater Management Program designed to reduce the discharge of pollutants from the municipal separate storm sewer system to the Maximum Extent Practicable (MEP), to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act and the conditions of this permit. The Stormwater Management Program is an enforceable part of the permit.

The Stormwater Management Program shall be the document that describes in detail all activities related to the Permittees program for the management of stormwater in its jurisdiction in accordance with this permit and the appropriate water quality requirements of the Clean Water Act, including long-term goals (that may extend beyond the permit period), Minimum Control Measure-specific goals, priorities, strategies, monitoring, record keeping and reporting. The Stormwater Management Program shall cover at least the term of the permit and be based on an adaptive management system by which the Permittee continuously monitors, analyzes and adjusts the Stormwater Management Program to achieve pollutant reductions to the MEP. The Stormwater Management Program shall include the Minimum Control Measures (described in Part V.C.1 to 8 of this permit) and shall conform with the requirements of Part V.B to V.F of this permit.

Upon their approval by the Commissioner, modifications to the Stormwater Management Program are an enforceable part of the permit and shall be implemented as specified in the permit and in the Commissioner’s approval letter. Prior to approval by the Commissioner of the revised Stormwater Management Program, the Permittee shall continue to operate in accordance with this permit and the Permittee’s current Stormwater Management Program. The Permittee shall, upon the receipt of notice of the Commissioner’s approval of the revised Stormwater Management Program, commence operation under the revised Stormwater Management Program. Modifications to the Stormwater Management Program may be made through the Annual Report, required under Part V.E of this permit, in compliance with Part V.D. 3, 4 and 5 of this permit. Modifications to the Stormwater Management Program shall be implemented as specified in the Annual Report and in the Commissioner’s approval letter.

The Annual Report shall discuss progress toward achieving the long-term and Minimum Control Measure-specific goals of the Stormwater Management Program and shall modify as necessary the priorities, strategies, and monitoring of the Stormwater Management Program to achieve the long-term and Minimum Control Measure-specific goals. The Annual Report shall conform to the requirements of Parts V.E and VI.D of this permit.

B. Minimum Control Measure General Requirements

The Permittee shall manage, operate, and maintain its storm sewer system and areas that the Permittee controls that discharge to the storm sewer system in a manner to reduce the discharge of pollutants to the MEP. Each Minimum Control Measure shall consist of a combination of BMPs, including: system design and engineering methods; education; operation; maintenance; control techniques; a schedule for installation and/or implementation of planned BMPs; and such other provisions as the Permittee and/or Commissioner determines to be appropriate. The BMPS selected by the Permittee for the Minimum Control Measures shall meet the minimum requirements of this permit. In the development of Minimum Control Measures for the Stormwater Management Program, the Permittee shall consider the sources of pollutants and the sensitivity of the receiving waters.

For each Minimum Control Measure, the Stormwater Management Program shall include:

1. identification of potential sources and pollutants targeted for reduction;
2. a description of and the scope of the BMPs for each Minimum Control Measure;
3. identification of staff and financial resources, including estimated annual budgets, for the permit term dedicated to implementation of the Minimum Control Measure;
4. measurable, Minimum Control Measure-specific goals that will be used to determine the success or benefits of the Minimum Control Measure;
5. schedules and protocol for monitoring, recordkeeping and reporting;
6. an implementation schedule for new or revised BMPs; and
7. a detailed description or copy of any agreement between the Permittee and partner(s) to implement the Minimum Control Measure describing the rights, roles, and responsibilities of each party to the agreement.

C. Minimum Control Measures

The Minimum Control Measures listed below must be included in the Stormwater Management Program. The Permittee shall define appropriate BMPs for these Minimum Control Measures and measurable Minimum Control Measure-specific goals.

1. Public education and outreach on stormwater impacts. The Permittee shall select and implement a program of appropriate BMPs and measurable Minimum Control Measure-specific goals for this Minimum Control Measure taking into account known water quality impairments, community concerns, and baseline awareness levels of constituents. At a minimum, the Permittee shall:
a. implement a multilingual program to educate the residents, businesses, and industrial facilities that reside or do business within the Permittee’s jurisdiction to raise the level of understanding and awareness of stormwater issues. The program shall consist of multiple efforts and communication methods to educate the target audiences about the impacts of stormwater discharges on water bodies including known impairments and the steps that can be taken to reduce pollutants in stormwater runoff.
b. implement a public education program that addresses each Minimum Control Measure. The Permittee may focus on one Minimum Control Measure or combination of Minimum Control Measures each year for the entire calendar year on a rotating annual basis. The Permittee shall address:
1) Public participation;
2) Illicit discharge detection and elimination;
3) Construction site stormwater runoff control;
4) Post-construction stormwater management;
5) Pollution prevention and good housekeeping for municipal operations;
6) Monitoring and analysis; and
7) TMDL.
c. identify for each Minimum Control Measure:
1) the audience or audiences involved;
2) specific educational goals for each audience. The education-specific goal shall be stated in terms of increased awareness, increased understanding, acquired skills, and/or desired changes in behavior;
3) activities used to reach educational goals for each audience;
4) activity implementation plans, including responsible department in charge, entities responsible for given activities, and schedules; and
5) performance measures that can be used to determine success in reaching education-specific goals (e.g. surveys, interviews, other measures of changes in awareness, understanding, and behavior);
d. describe how the education program is coordinated with, and makes effective use of, other stormwater education programs being conducted in the area by other entities, if the Permittee relies upon another entity for some of its education and outreach Minimum Control Measure. The Permittee may use education programs developed and administered by other entities, as appropriate for the municipal separate storm sewer system, including, but not limited to: community groups, nonprofit organizations, lake conservation districts, soil and water conservation districts, watershed districts, watershed management organizations, school districts, University of Minnesota Extension, and county, regional, state, and federal government. The Permittee shall list formal agreements or partnerships and describe the functions performed by the other entity(ies) for the Permittee.
e. implement a program to inform and educate:
1) the public and affected industries, regarding the prohibition, proper management and impacts of the introduction of non-stormwater discharges into the storm sewer system.
2 the public and commercial applicators and distributors of pesticides and fertilizers, regarding the proper application of pesticides and fertilizers with an emphasis on working with the Minnesota Department of Agriculture and retail centers to aid compliance with fertilizer restrictions, soil phosphorus testing and public information efforts;
3) the public, regarding the proper management of pet waste and the beneficial onsite reuse of leaves and grass clippings.
If another entity has implemented an education program in a portion of the jurisdiction, the Permittee may work with that entity to share resources and expand the program to all portions of the municipal separate storm sewer system.
f. hold at least one public meeting per year addressing the Stormwater Management Program and the Annual Report. A summary of the public input and/or testimony received at the meeting and the Permittee’s response to it shall be included in the Annual Report. The Permittee shall hold the public meeting prior to submittal to the Commissioner of the Annual Report required in Part V.E. The meeting and meeting notice shall meet the following requirements:
1) Location. The public informational meeting shall be held in the general vicinity of the municipal separate storm sewer system which is the subject of the permit. Otherwise, the public informational meeting shall be held in a place that is generally convenient to persons expected to attend the meeting.
2) Notice. The Permittee shall prepare and publish a notice of the public informational meeting. Publication of the notice shall be at least 30 days prior to the meeting. The notice shall contain a reference to the Stormwater Management Program and Annual Report; proposed modifications to the monitoring and analysis and/or TMDL Minimum Control Measures (as appropriate); the date, time, and location of the public informational meeting; a concise description of the manner in which the public informational meeting will be conducted; and information about where a copy of the Stormwater Management Program and Annual Report is available for public review.
3) Distribution of notice. The Permittee shall publish the notice in a newspaper of general circulation in the general vicinity of the municipal separate storm sewer system, and shall make a copy of the notice available to the Commissioner, the appropriate county officials, all governmental entities that have jurisdiction over activities that directly or indirectly relate to stormwater management in the drainage area, and all other persons who have requested that they be informed of public meetings for the Stormwater Management Program and Annual Report.
4) Joint meetings. The Permittee may consolidate two or more matters, issues, or related groups of issues to meet the requirements of this part. These public meetings may be part of a larger public meeting, such as a city council meeting, provided that adequate public notice and opportunity to participate is provided.
2. Public participation, public involvement. The Permittee shall select and implement a program of appropriate BMPs and measurable Minimum Control Measure-specific goals for public participation and public involvement. The Permittee shall implement and, as necessary, continue to develop its public participation and public involvement effort in order to effectively communicate with their constituents regarding stormwater management. At a minimum, the Permittee shall:
a. make available to the public on the Permittee’s website stormwater related public documents including:
1) current MS4 permit
2) current Stormwater Management Program
3) current Annual Report
4) current monitoring report
5) other plans and reports required under this permit
b. comply with applicable public notice requirements of Part V.C.1.f.2 and 3 when implementing the provisions of the Stormwater Management Program;
c. get public input on the adequacy of the Stormwater Management Program, including input from the public meeting described in Part V.C.1.f, each year prior to submittal of the Annual Report to the Commissioner. The Permittee:
1) shall afford interested persons a reasonable opportunity to make oral statements concerning the Stormwater Management Program; and
2) shall consider relevant written materials that interested persons submit concerning the Stormwater Management Program;
d. consider the public input, oral and written, to the Stormwater Management Program and shall make appropriate adjustments; and
e. include a formal resolution from the Permittee's governing body adopting the Annual Report and the Stormwater Management Program with the Annual Report.

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3. Illicit discharge detection and elimination. The Permittee shall implement and enforce its program, and as necessary continue to develop its program to detect and eliminate illicit discharges as defined in 40 CFR § 122.26(b)(2). To the MEP, the Permittee shall minimize any adverse impact to waters of the state resulting from all unauthorized discharges, random, frequent or infrequent, accidental or otherwise, of pathogens, nutrients, oil, toxic pollutants or other hazardous substances consistent with Minn. Stat. § 115.061 and 40 CFR Parts 110 and 116. This requirement applies to discharges to the storm sewer system within the Permittee’s jurisdiction including physical connections and discharges through catch basins and similar points of access to the MS4. The Permittee shall also select and implement a program of appropriate BMPs and measurable Minimum Control Measure-specific goals for this Minimum Control Measure. At a minimum, the Permittee shall:
a. develop within three years of the effective date of this permit, if not already completed, an electronic inventory and map of the storm sewer system showing the location of:
1) ponds, streams, lakes and wetlands that are part of the system;
2) structural pollution control devices (e.g., grit chambers, separators, etc.) that are part of the system. The inventory shall include:
i. the size of the area tributary to it,
ii. the land use types and distributions,
iii. the design capacity of the structure where available, estimated capacity if design capacity is unavailable, or size of the structure, and
iv. catch basins with sumps.
Catch basins and other storm drain inlets without sumps do not have to be identified in the inventory;
3) all pipes (catch basin lead pipes shall be added as opportunities arise), ditches and swales in the Permittee’s system;
4) Permittee-owned facilities and associated structural pollution control devices
5) outfalls, including discharges from the system to other municipal separate storm sewer system or waters and wetlands that are not part of the system (where the Permittee does not have operational control); structures that primarily discharge stormwater into groundwater and all other points of discharge from the system that are outlets, not diffuse flow areas. The inventory shall also include:
i. outfall identification number,
ii. size of outfall pipe,
iii. size of the drainage area,
iv. land use types in drainage area and their distribution,
v. percent of area that is impervious surfaces, and
vi. the number and type of structural pollution control devices in the drainage area; and
6) inflows from other municipal separate storm sewer system.
b. effectively prohibit, through ordinance or other regulatory mechanism and appropriate enforcement procedures, the introduction of non-stormwater discharges into the storm sewer system.
c. develop and, as necessary continue to develop, and implement:
1) processes to:
i. receive, track and investigate complaints of illicit discharges including responsiveness goals for responding to, and elimination of, illicit discharges;
ii. identify the source of the illicit discharges;
iii. enforce violations of prohibitions on illicit discharges; and
iv. report activities to identify, track, investigate and eliminate illicit discharges in the Annual Report required under V.E.
2) processes to educate the public, municipal employees, business and industry regarding illicit discharges and improper disposal of waste, including:
i. identification of illicit discharges to catch basins, ditches, swales and structural pollution control devices,
ii. identification of illicit connections,
iii. associated hazards,
iv. reporting,
iv. prevention,
vi. containment, and
vii. response to spills that may discharge into the municipal separate storm sewer;
3) procedures to promote, publicize, and facilitate public reporting of illicit discharges or water quality impacts associated with discharges into or from MS4s through a central contact point, including phone numbers for complaints and spill reporting, and publicize to both internal permittee staff and the public.
4) procedures to implement both temporary and permanent structural pollution control devices to ensure against ongoing prohibited discharges for circumstances where potential discharges are likely to remain (e.g., power washing, cement cutting and lawn maintenance),
5) procedures to limit infiltration of seepage from municipal sanitary sewers to municipal separate storm sewer system;
d. shall develop, and as necessary continue to develop, and implement a dry weather field screening program to detect and eliminate non-stormwater discharges, including illegal dumping, to the system. The Permittee shall inspect each outfall at least once over the five-year term of this permit for evidence of illicit discharges. The program shall be a continuous operation without significant time lapses between inspections. The program shall include:
1) a description of procedures to be followed to prioritize and investigate portions of the municipal separate storm sewer system that indicate a reasonable potential for containing illicit discharges or other sources of non-stormwater. The Permittee shall prioritize investigations based on the results of the field screen, the presence of potential sources of non-stormwater discharges in the geographic area drained by that portion of the municipal separate storm sewer system, history, land use, sanitary sewer system, proximity to sensitive waters and other appropriate information;
2) areas or locations to be evaluated;
3) a schedule for the field screening activities;
4) pollutants of interest;
5) evaluation procedures including non-sampling evaluation (e.g. visual observations, odors, etc.)
6) sampling procedures;
7) record keeping; and
8) notification of the Department of Public Safety Duty Officer as required in Minn. Stat. sect. 115.061.
The program may be implemented in conjunction with the control structure inspection program required by Part V.C.6.b.4 of this permit as well as during routine maintenance activities performed in areas included in the Permittee’s jurisdiction. Reports of illicit discharges shall be investigated.
e. maintain an education program for its staff regarding the duty to notify the Department of Public Safety Duty Officer as required in this permit and the notification protocol for maintenance staff of other departments’ staff for response and containment of materials;
f. implement the following measures for hazardous waste and other industrial facilities:
1) maintain and continue to develop an inventory of industrial, commercial, or institutional facilities that discharge any flow other than stormwater to the municipal separate storm sewer system. The inventory shall include the name, location, discharge location to the municipal separate storm sewer system, the receiving water, discharge description, and any permits issued for the discharge. The MPCA will provide a list of permitted facilities to the city upon request.
2) a program that identifies industrial facilities that the Permittee determines are contributing a substantial pollutant loading to the municipal storm sewer system including:
i. Stormwater hotspots, to the extent possible, using industrial/commercial stormwater risk factors and input from Ramsey County Environmental Health and St.Paul Safety & Inspections to identify these stormwater hotspots and establish priorities;
ii. municipal landfills, hazardous waste treatment, disposal and recovery facilities, industrial facilities that are subject to section 313 of title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and.
3) a program that describes procedures for addressing industrial facilities that the Permittee determines are contributing a substantial pollutant loading to the municipal storm sewer system including: inspecting the facilities, monitoring the facilities’ illicit discharges and implementing control measures for such illicit discharges associated with the stormwater hotspots and priority industrial facilities identified in part V.C.3.f.2 to be implemented during the term of the permit, including the submission of quantitative data on the following constituents: any pollutants limited in effluent guidelines subcategories, where applicable; any pollutant listed in an existing NPDES permit for a facility; oil and grease, COD, pH, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and any information on discharges required under 40 CFR 122.21(g)(7) (iii) and (iv).
g. the following non-storm water discharges or flows shall be addressed where such discharges are identified by the Permittee as a significant contributor of pollutants:
1) water line flushing;
2) landscape irrigation;
3) diverted stream flows;
4) rising ground waters;
5) uncontaminated ground water infiltration (as defined at 40 CFR§ 35.2005(b)(20));
6) uncontaminated pumped ground water;
7) discharges from potable water sources;
8) foundation drains;
9) air conditioning condensation;
10) irrigation water;
11) springs;
12) water from crawl space pumps;
13) footing drains;
14) lawn watering;
15) individual residential car washing;
16) flows from riparian habitats and wetlands;
17) dechlorinated swimming pool discharges;
18) street wash water discharges; and
19) flows from fire fighting activities.
If the Permittee determines that any of the preceding categories is a significant contributor of pollutants, the Permittee shall identify the category as such and develop, and as necessary continue to develop, implement, and enforce a program to reduce pollutants from the category in the Stormwater Management Program.

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4. Construction site stormwater runoff control. The Permittee shall develop, and as necessary continue to develop, implement, and enforce a program to reduce pollutants in stormwater runoff to the municipal separate storm sewer system from construction activities (public and private) within the Permittee’s jurisdiction that result in a land disturbance of greater than or equal to one acre. Controls on stormwater discharges from construction activity disturbing less than one acre shall be included in the program, if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. The Permittee shall select and implement a program of appropriate BMPs and measurable Minimum Control Measure-specific goals for this Minimum Control Measure. At a minimum, the Permittee shall establish and maintain:
a. an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under law. The ordinance or other regulatory mechanism shall require the owners or operators of all construction activity to implement and maintain BMPs that, at a minimum, provide a level of erosion and sediment control equivalent to that required by Minnesota’s NPDES General Stormwater Permit for Construction Activity;
b. requirements for construction site operators to implement appropriate erosion and sediment control BMPs including installation, inspection and maintenance of the BMPs;
c. requirements for construction site operators to control (i.e., properly dispose of, reuse or recycle) wastes at the construction site, such as discarded building materials, concrete truck washout, construction-site chemicals, litter, and sanitary waste, that may cause adverse impacts to water quality;
d. requirements for stabilization of stockpiles and disturbed areas including requirements for timeliness and duration of stabilization controls;
e. requirements for site dewatering including a prohibition on discharge of water unless appropriately treated;
f. standardized written procedures for evaluating the adequacy of erosion and sediment control in site plan review and site inspections by the Permittee including:
1) consideration of potential water quality impacts;
2) a determination of the need for a Construction Stormwater Permit from the MPCA and, if a Construction Stormwater Permit from the MPCA is required, verification that the permit is obtained;
3) documentation of plan review and decisions;
4) the scope of the inspections;
5) frequency of the inspections;
6) standardized inspection checklist;
7) documentation of inspections;
8) site-specific checklist or other procedures to ensure construction activity proceeds in accordance with approved plans;
9) follow-up and enforcement procedures;
10) identifying priorities for inspections taking into consideration: the nature of the construction activity, topography, soils characteristics, and the water quality of any receiving water(s); and
11) a database of construction sites to track site plan review, construction progress and erosion and sediment control compliance.
g. procedures to promote, publicize and facilitate public reporting of construction-related erosion and sedimentation issues through mechanisms such as the website, phone and email and for receipt and consideration of complaints, reports of noncompliance or other information on construction-related issues submitted by the public.
h. adequate training for all staff whose job duties are related to implementing the construction stormwater program, including permitting, plan review, construction site inspections, and enforcement. The training may be conducted by the permittee or a qualified third party. The training shall address the job-specific duties of staff and include, at a minimum:
1) for Erosion and Sediment Control/Stormwater Inspectors, proper control measure selection, installation, implementation, and maintenance, as well as administrative requirements such as inspection reporting/tracking and use of the permittee’s enforcement responses; and
2) for other Construction Inspectors on general stormwater issues, basic control measure implementation information, and procedures for notifying the appropriate personnel of noncompliance.
3) for Plan Reviewers regarding control measure selection, design standards, and review procedures.

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