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.