HomeMy Public PortalAboutPhase II 2016 – 2021 Permit (PDF)Jeremiah . (,Jay) Nixon, Governor Harry D. Bozcian, Director
T OF NATURAL RESOURCES
dnr. m o. gov
December 14, 2016
Jay Hoskins, P.E
Environmental Compliance Manager
Metropolitan St. Louis Sewer District (MSD)
2350 Market Street,
St. Louis, MO 63103
Dear Mr. Hoskins:
Pursuant to the Federal Water Pollution Control Act, under the authority granted to the State of
Missouri and in compliance with the Missouri Clean Water Law, the Missouri Department of
Natural Resources has issued and are enclosing a General State Operating Permit number
MO-R040005 for the MSD Municipal Separate Storm Sewer System (MS4).
Please review the requirements of your permit. Monitoring reports that may be required by this
permit must be submitted on a periodic basis. Copies of the necessary report forms are enclosed
and should be mailed to the Water Protection Program, MS4 Coordinator, PO BOX 176,
Jefferson City, MO 65102. Additional forms can be found on the department's website.
As an existing MS4 and subject to a Total Maximum Daily Load (TMDL), you are required to
submit your SWMP report on an annual basis as outlined in Section 5.3.2 of your permit. All
outfalls identified in this permit are listed as representative outfalls and are only a subset of the
MS4s outfalls. The permittee is responsible for mapping the location of all outfalls for
incorporation into the Stormwater Management Plan (SWMP) as outlined in Section 4
Stormwater Management Program of your permit.
This permit may include requirements with which you may not be familiar. If you would like the
department to meet with you to discuss how to satisfy the permit requirements, an appointment
can be set up by contacting the department's Saint Louis Regional Office at 314-416-2960.
These visits are called Compliance Assistance Visits (CAV) and focus on explaining the
requirements to the permit holder.
i ?
Recycled paper
RECEIVED
DEC 16 2016
DIVISION OF
ENVIRONMENTAL COMPLIANCE
MSD-MS4
December 14, 2016
Page 2 of 2
This General Permit is both your federal discharge permit and your new state operating permit
and replaces all previous state operating permits and letters of approval for the discharges
described within. In all future correspondence regarding this permit, please refer to your general
permit number as shown on page one of your permit.
If you were adversely affected by this decision, you may be entitled to an appeal before the
Administrative Hearing Commission (AHC) pursuant to 10 CSR 20-1.020 and Sections
644.051.6 and 621.250, RSMo. To appeal, you must file a petition with the AHC within thirty
days after the date this decision was mailed or the date it was delivered, whichever date was
earlier. If any such petition is sent by registered mail or certified mail, it will be deemed filed on
the date it is mailed; if it is sent by any method other than registered mail or certified mail, it will
be deemed filed on the date it is received by the AHC. Contact information for the AHC is as
follows: Administrative Hearing Commission, United States Post Office Bldg., Third Floor, 131
West High Street, Jefferson City, MO 65101, PO BOX 1557, Jefferson City, MO 65102. Phone:
573-751-2422, Fax: 573-751-5018, Website: www.oa.mo.gov/ahc.
Please be aware that this facility may also be subject to any applicable county or other local
ordinances or restrictions. Please note the expiration date of this permit. If your permit is issued
within 30 days of the expiration date of the attached permit, this letter also serves as a
notification to resubmit an application for renewal or termination.
If you have questions concerning this permit, please do not hesitate to contact Birhanu Kinfe by
calling 314-416-2960 or via mail at the Saint Louis Regional Office, 7545 South Lindbergh
Blvd. Suite 210, Saint Louis, MO 63125.
Sincerely,
SAINT LOUIS REGIONAL OFFICE
Dorothy E. Franklin
Regional Director
DEFIBK/j dk
Enclosures: Permit Requirements
c: Co -applicants
STATE OF MISSOURI
DEPARTMENT OF NATURAL RESOURCES
MISSOURI CLEAN WATER COMMISSION
MISSOURI STATE OPERATING PERMIT
General Operating Permit
In compliance with the Missouri Clean Water Law, (Chapter 644 R.S. Mo as amended, hereinafter, the Law), and the
Federal Water Pollution Control Act (Public Law 92-500, 92nd Congress) as amended.
Permit No
Owner:
Address:
Continuing Authority:
Facility Nance:
Facility Address:
Legal Description:
UTM Coordinates:
Receiving Stream:
First Classified Stream - IDa:
USGS# and Sub Watershed#:
MOR040005
MSD PLUS 60 CONT AUTHORI
2350 MARKET STREET
ST. LOUIS, MO 63103-2555
MSD PLUS 60 CONT AUTHORI
2350 MARKET STREET
ST. LOUIS, MO 63103-2555
MSD SMALL MS4 CO -PERMIT
10 E. GRAND AVE
ST. LOUIS, MO 63147-2913
See Page 2
See Page 2
See Page 2
See Page 2
See Page 2
is authorized to discharge from the facility described herein, in accordance with the effluent limitations and monitoring requirements a:
set forth herein.
FACILITY DESCRIPTION All Outfalls SIC #9511
All Outfalls - Stormwater discharges from Regulated Small Municipal Separate Storm Sewer Systems.
SIC 9511/NAICS 924110
This permit authorizes only wastewater, including storm water. discharges under the Missouri Clean Water Law and the National
Pollutant Discharge Elimination System_ it does not apply to other regulated areas. This permit may he appealed in accord.in;:e with
RSMo Section 644.051.6 and 621.230, 10 CSR 20-6.020. and 10 t'SR 20-1.020.
December 14,. 2016
Issue Date Harry D. Bozoian, Director
Department of Natural Resources
September 302021
Expiration Date Dorothy Franklin
Regional Director, St. Louis Regional Office
RECEIVED
DEC 16 2016
DIVISION OF
ENVIRONMENTAL COMPLIANCE
Permit Body Page 1 of 18
Permit No. MOR040005
Table of Contents
1. Coverage Under This Permit
1.1 Permit Area
1.2 Applicability
1.3 Limitations of Coverage
1,4 Discharge Limitations
2. Authorization to Discharge and Application Requirements
2.1 Authorization to Discharge
2.2 Authorized Signatory for Applications
2.3 Application Deadlines for Existing MS4s
2.4 Application Deadlines for Recently Designated MS4s
3. Special Conditions for Total Maximum Daily Loads
3.1 MS4s Subject to TMDLs
4. Stormwater Management Program and Plan
4.1 The SWMP Document Shall Include
4.2 Minimum Control Measures
4.3 Sharing Responsibility
4.4 Reviewing and Updating Stormwater Management Plan
5. Monitoring, Recordkeeping and Reporting
5.1 Monitoring
5.2 Recordkeeping
5.3 Reporting
6. Standard Permit Conditions
6.1 Duty to Comply
6.2 Duty to Mitigate
6.3 Proper Operation and Maintenance
6.4 Inspection and Entry
6.5 Monitoring Methods
6.6 Need to Halt or Reduce Activity Not an Excuse
6.7 Permit Actions
6.8 Duty to Reapply
6.9 Administrative Continuation of the Permit
6.10 Permit Transfers
6.11 Procedures for Modification or Revocation
6.12 Site -Specific Permit or Alternative General Permit
6.13 Property Rights
6.14 Duty to Provide Information
6.15 Falsification Penalties
6.16 Reopen Clause
6.17 Signatory Requirements
Permit Body Page 2 of 18
Permit No. MOR040005
COVERAGE UNDER THIS PERMIT
Permit Area:
This permit covers all areas served by a Municipal Separate Storm Sewer System (MS4) for which
the applicant is identified as the Continuing Authority.
1.2 Applicability:
1.2.1 This permit authorizes discharges of stormwater from regulated Small MS4s, as defined in 10
CSR 20-6.200. This permit also authorizes the discharge of stormwater commingled with flows
contributed by process wastewater, non -process wastewater, or stormwater associated with
industrial activity provided such discharges are authorized under separate National Pollutant
Discharge Elimination System (NPDES) permits. The permittee, or co-permittee, is authorized to
discharge under the terms and conditions of this general permit if the permittee:
1.2.1.1 Owns or operates a regulated Small MS4 as defined in 10 CSR 20-6.200; located fully or partially
within an urbanized area as determined by the latest Decennial Census by the Bureau of Census or
designated for permit authorization by the Missouri Department of Natural Resources
(Department); and
1.2.1.2 Submits a general permit application in accordance with Section 2 of this permit.
1.2.2 The following are types of discharges authorized by this permit:
1.2.2.1 Stormwater discharges. This permit authorizes stormwater discharges to waters of the state from
the regulated Small MS4s identified in Section 1.2.1, except as excluded in Section 1.3.
1.2.2.2 Non-stormwater discharges. The permittee is authorized to discharge the following non-
stormwater sources provided the permitting authority has not determined these sources to be
substantial contributors of pollutants to the permittee's MS4 that required a separate permit:
• Landscape irrigation and lawn watering,
• Rising groundwater,
• Uncontaminated groundwater infiltration (infiltration is defined as water other than
wastewater that enters a sewer system, including sewer service connections and foundation
drains, from the ground through such means as defective pipes, pipe joints, connections, or
manholes. Infiltration does not include, and is distinguished from, inflow),
• Uncontaminated pumped groundwater,
• Discharges from potable water sources,
• Foundation or footing drains,
• Air conditioning condensate,
• Springs,
• Uncontaminated water from crawl space pumps,
• Flows from riparian habitat and wetlands,
• Street wash water,
• Discharges or flows from emergency fire -fighting activities,
• Individual residential car washing, and
• Dechlorinated residential swimming pool discharges.
Permit Body Page 3 of 18
Permit No. MOR040005
1.3 Limitations of Coverage
1.3. I Non-stormwater Discharges. The permittee, as defined herein, shall prohibit non-stormwater
discharges into the MS4, except to the extent such discharges are regulated with a separate
NPDES permit or as authorized by Section 1.2.2.2 above.
1.3.2
This operating permit does not affect, remove, or replace any requirement of the Endangered
Species Act; the National Historic Preservation Act; the Comprehensive Environmental Response,
Compensation and Liability Act; or the Resource Conservation and Recovery Act. Determination
of applicability to the above mentioned acts is the responsibility of the permittee.
1.4 Discharge Limitations
1.4.1 The permittee shall implement Best Management Practices (BMPs) via an iterative process to
reduce the discharge of pollutants to the Maximum Extent Practicable (MEP) into the MS4 for the
goal of attainment with Missouri's Water Quality Standards. Specific requirements are listed in
Parts 4, 5, and 6 of this operating permit.
I.4.2 The permittee shall implement and enforce a Stormwater Management Program (SWMP) per the
requirements listed in this operating permit in accordance with section 402(p)(3)(B)(iii) of the
CWA, corresponding NPDES regulations, 40 CFR 122.34, and in accordance with the Missouri
Clean Water Law (MC WL) and it's implementing regulations under 10 CSR 20-6.200(5)(A)(1 —
6).
1.4.3 The permittee shall comply with all provisions and requirements contained in this permit and with
their SWMP including plans and schedules developed in fulfillment of this permit.
1.4.4 If the Department determines a regulated MS4 is causing or contributing to instream excursions of
Missouri's Water Quality Standards, then the Department may require corrective action(s) or
require an application for a site -specific permit to ensure that BMPs are being implemented via an
iterative process to reduce pollutants to the MEP. Additionally, the Department may require the
regulated MS4 to submit an application for an alternative general permit.
1.4.5 Newly designated regulated MS4s applying for coverage under this general permit and
discharging to waterbodies or watersheds subject to an existing EPA approved or established
TMDL may be denied coverage under this general permit and required to apply for and obtain a
site -specific operating permit for stormwater discharges from their regulated MS4.
2. AUTHORIZATION TO DISCHARGE AND APPLICATION REQUIREMENTS
2.1 Authorization to discharge stormwater from a regulated small MS4 requires each permittee
(existing and recently designated regulated MS4 based on the Latest decennial census) to submit a
complete application for the MS4 general permit. In addition to the application, permittees shall
submit their written SWMP including implementation schedule and items Listed under Section 4.1
of this operating permit.
Permit Body Page 4 of 18
Permit No. MOR040005
2.1.1 Each submitted SWMP shall be subjected to a review and rating. lfthe Department approves the
SWMP, it will be presumed to be affordable for the permittee. However, if the Department
disapproves the SWMP and requires any additional or different controls or expenses, then the
Department will conduct an affordability analysis in support of the disapproval for the permittee.
However, permittees may waive the requirement of the Department to conduct an affordability
analysis at any time.
2.2 The permittee shall submit their application on the latest version of the application form(s). The
application shall be signed and dated by an authorized signatory in accordance with section 6.17 of
this operating permit.
2.3 Existing regulated permittees seeking renewal of their MS4 permit shall submit a renewal
application within 30 days prior to the expiration date of this operating permit unless the permittee
has been notified by the Department that an earlier application is required.
2.4 Recently designated regulated MS4s based on the latest decennial census shall submit their permit
application within 180 days following notification by the Department that permit coverage is
required.
3.
SPECIAL CONDITIONS FOR TOTAL MAXIMUM DAILY LOADS
3.1 MS4s Subject to Total Maximum Daily Loads (TMDL)
3.1.1 Any regulated MS4 identified in an United States Environmental Protection Agency (EPA)
approved or established Total Maximum Daily Load (TMDL) with an applicable Wasteload
Allocation (WLA) shall implement steps toward the attainment of applicable WLA in accordance
with 40 CFR 122.44(k)(2) and (3).
3.1.2 The permittee shall develop a TMDL Assumptions and Requirement Attainment Plan (ARAP) to
address the TMDL's assumptions and requirements where applicable. The TMDL ARAP shall be
incorporated into the SWMP and include, at a minimum, the following:
3.1.2.1 A process to identify potential sources of the pollutants(s), BMPs to be implemented to address
the sources within their MS4, a prioritization of those actions, and a schedule including beginning
and ending milestones by month and year. The schedule for the implementation of the TMDL
ARAP shall be completed as soon as practicable, but is not limited to the term of this operating
permit (i.e., 5 years) as attainment can take years or even multiple permit terms;
3,1.2.2 BMPs developed or designed with a purpose of reducing the pollutant(s) of concern. Each BMP
shall contain a description of the BMP, the purpose of the BMP, and the expected result of the
BMP.
3.1.2.3 Measurable goals shall be established for each BMP or in conjunction with multiple BMPs. Each
measurable goal shall contain a statement clearly indicating how it will be established to determine
the appropriateness of identified BMPs and progress toward the expected results of the BMP.
Measureable goals shall be quantifiable; however, if it is not feasible to utilize a measurable goal
that is quantifiable, then the permittee shall provide justification indicating why the measurable
goal cannot be quantifiable. if applicable, measurable goals shall also utilize interim and
completion milestone dates, and a periodic frequency of measurement to document progress. It is
recommended that interim and final milestone dates are established with a format of month and
Permit Body Page 5 of 18
Permit No. MOR040005
year. If the format of month and year cannot be utilized, the permittee shall ensure that schedules
have the minimum format of l st, 2°a 3`a, 4a', and 5th year of the operating permit.
3.1.2.4 An iterative process to be utilized by the permittee that documents how each BMP is evaluated
and subject to replacement or modification. The permittee shall apply reasonable further progress
by replacing or modifying ineffective BMPs with effective BMPs.
3.1.3 If the permittee is subject to section 3.1.1, then the permittee shall draft and submit their TMDL
ARAP to the Department as soon as practicable but no later than 30 months after the date EPA
approves or establishes the TMDL or the effective date of their operating permit, whichever is
later. The initial TMDL ARAP is to be submitted to the Department's MS4 Coordinator for
review and rating at Water Protection Program, P.O. Box 179, Jefferson City, MO 65102. The
deadline for the TMDL ARAP may be extended by request of the permittee and written approval
by the Department.
3.1.3.I The permittee shall submit annual TMDL ARAP status reports to the Department on January 28th
of each year until the TMDL ARAP has been submitted. The annual status report shall provide a
brief update on the status of completion of the TMDL ARAP to be submitted to the Department.
The deadline for the TMDL ARAP may be extended by request of the permittee and with written
approval by the Department. The annual status report shall be submitted to the Department's
Water Protection Program, MS4 Coordinator at P.O. Box 176, Jefferson City, MO 65102.
3.1.3.2 If the Department approves the TMDL ARAP, it will be presumed that the TDML ARAP is
affordable by the permittee. However, if the Department disapproves a submitted TMDL ARAP
and requires any additional or different controls or expenses, the Department will conduct an
affordability analysis in support of the disapproval unless waived by the permittee. In addition to
the disapproval, the Department shall provide an itemized list of recommendations, discrepancies,
and plan corrective action(s) to the permittee in written correspondence, which will also provide
deadlines for any corrective action(s).
3.1.3.3 If the TMDL ARAP has been submitted to the Department but has not received approval, then the
permittee is not required to implement any actions listed in their TMDL ARAP and shall notify
the Department of this in their MS4 SWMP Report.
3.1.3.4 If the TMDL ARAP has received Department approval, the permittee shall implement their
TMDL ARAP in accordance to schedules established in the TMDL ARAP. Implementation of all
TMDL ARAP control measures shall be documented and retained by the permittee with the
permittee's SWMP, and made available to the Department or EPA upon request.
3.1.4 If the permittee is subject to section 3.1.1 of this operating permit and has an approved TMDL
ARAP, then the permittee shall provide a summary that lists the BMPs, the expected results of the
BMPs, how the measurable goals are utilized to document effectiveness of the BMPs, and the
status of the measurable goal in the MS4 SWMP Report.
3.1.5
If the permittee is subject to section 3.1.1 of this operating permit, then the permittee may
demonstrate that no additional controls are needed beyond the successful implementation of the
six Minimum Control Measures (MCMs), which includes modifications to the BMPs or
measurable goals, for the attainment with the TMDL's assumptions and requirements. The
demonstration is subject to Department approval. If the permittee is to provide a demonstration
Permit Body Page 6 of 18
Permit No. MOR040005
that no additional controls are needed, they shall contact the Water Protection Program's MS4
Coordinator to begin the process.
3.1.6 If the permittee is subject to section 3.1.1 of this operating permit, then the permittee may submit
an Integrated Plan as an approach for the implementation of a TDML's assumptions and
requirements. Review and rating of an Integrated Plan is subject to the same requirements of
sections 3.1.2 through 3.1.3 of this permit. If the permittee is to utilize an Integrated Plan, they
shall contact the Water Protection Program's MS4 Coordinator to begin the process.
3.1.7 Pcrmittees subject to existing TMDL Assumptions and Requirements shall submit their plan and
status of implementation to the Department with the first MS4 SWMP Report required by this
permit. Existing plans shall be subject to the same conditions listed in items 3.1.2.1; 3.1.2.2;
3.1.2.3; 3.1.2.4; 3.1.3.1; 3.1.3.2; 3.1.3.4; 3.1.4; 3.1.5; 3.1.6.
3.1.8 if the EPA approved or established TMDL indicates that the permittee does not cause or
contribute to the impairment, then the permittee is not required to develop and implement any
action contained in Part 3 of this permit. .
4. STORMWATER MANAGEMENT PROGRAM (SWMP)
4.1 The SWMP document shall include:
4.1.1 The following information for each of the six (6) minimum control measures described in Section
4.2 of this permit:
4.1.1.1 BMPs developed or designed with a purpose of reducing stormwater pollution. Each BMP shall
contain a description of the BMP, the purpose of the BMP, and the expected result of the BMP.
4.1.1.2 Measurable goals shall be established for each BMP or in conjunction with multiple BMPs. Each
measurable goal shall contain a statement clearly indicating how it will be established to determine
the appropriateness of identified BMPs and progress toward the expected results of the BMP.
Measurable goals shall be quantifiable; however, if it is not feasible to utilize a measurable goal
that is quantifiable, then the permittee shall provide justification indicating why the measurable
goal cannot be quantifiable. If applicable, measurable goals shall also utilize interim and
completion milestone dates, and a periodic frequency of measurement to document progress. It is
recommended that interim and fmal milestone dates are established with a format of month and
year. if the format of month and year cannot be utilized, the permittee shall ensure that schedules
have the minimum format of 15L, 2°d, 3`d, 4th, and 5th year of the operating permit.
4.1.1.3 The person primarily responsible for the SWMP and the person(s) responsible for each minimum
control measure if different from the primary responsible person; and
4.1.1.4 An iterative process to be utilized by the permittee that documents how each BMP is evaluated
and subject to replacement or modification. The permittee shall apply reasonable further progress
by replacing or modifying ineffective BMPs with effective BMPs.
4.1.2 Newly designated regulated MS4s shall fully implement each Minimum Control Measures in
accordance with their approved SWMP within five (5) years of receipt of its MS4 operating
permit.
Permit Body Page 7 of 18
Permit No. MOR040005
4.1.3 Within one (1) year of the effective date of this permit, the permittee shall revise their SWMP, if
necessary, and submit the SWMP to the Water Protection Program's MS4 Coordinator for review
and rating.
4.2 Minimum Control Measures — The six (6) Minimum Control Measures that shall be included in
the permittee's SWMP document are:
4.2.1
4.2.1.1
4.2.1.1.1
4.2.1.1.2
4.2.1.1.3
4.2.1.1.4
Public Education and Outreach of Stormwater Impacts
The permittee shall implement a public education program to distribute educational material to the
community or conduct equivalent outreach activities about the impact of stormwater discharges on
waterbodies and steps the public can take to reduce pollutants in stormwater runoff As part of the
SWMP, the Public Education and Outreach Program shall include the following information at a
minimum:
A plan on how target audiences are identified for the public education program who are likely to
have significant stormwater impacts (including commercial and industrial entities):
A plan to inform individuals and households about steps they can take to reduce stormwater
pollution;
A plan to inform individuals and groups on how to become involved in the SWMP (with activities
such as local stream and lake restoration activities);
The outreach strategy, including the mechanisms (e.g., printed brochures, newspapers, media,
workshops, etc...) to reach target audiences; and
4.2.1.1.5 The pollutant(s) sources that the permittee's education program is designed to address.
4.2.2 Public Involvement and Participation
4.2.2.1 The permittee shall implement a public involvement/participation program that provides
opportunities for public involvement in the development and oversight of the permittee's SWMP,
and provides opportunities for public involvement of the permittee's renewal application. The
public involvementlparticipation program shall, at a minimum, include the following:
4.2.2.1.1 A public notice period to allow the public to review the SWMP and renewal application prior to
the submission of the SWMP and renewal application to the Department. It is recommended that
the public review period is at least 10 (ten) business days;
4.2.2.1.2
4.2.2.1.3
A notice of public meeting, if needed, regarding the SWMP and renewal application. It is
recommended that the notice should be at least 72 hours prior to the meeting;
A plan to target all potentially affected stakeholder groups, including but not limited to,
commercial and industrial businesses, trade associations, environmental groups, homeowner
associations and educational organizations;
Permit Body Page 8 of 18
Permit No. MOR040005
4.2.2.1.4 if the permittee utilizes a stormwater management panellcommittee, then the permittee shall
provide opportunities for citizen representatives on the panel/committee;
4.2.2.1.5 If appropriate, volunteer monitoring or stream/lake clean-up activities; and
4.2.2.1.6 Provide opportunities and work with citizen volunteers willing to educate others about the
permittee's SWMP.
4.2.4.2.3 Illicit Discharge Detection and Elimination
4.2.3.1 The permittee shall develop, implement, and enforce a program to detect and eliminate illicit
discharges, as defined in 10 CSR 20-6.200 and 40 CPR 122.34(b)(3), into the permittee's
regulated Small MS4. As part of the SWMP document, the permittee's illicit discharge detection
and elimination program shall include the development and implementation of, at a minimum:
4.2.3.1.1 A storm sewer map showing the location of all constructed outfalls and the names and locations of
all receiving waters of the state that receive discharges from those outfalls. The permittee shall
describe the sources of information used for the map(s), and how the permittee plans to verify the
outfall locations with field surveys. If already completed, the permittee shall describe how the
map was developed and how the map will be regularly updated. The permittee shall make the map
information available to the Department upon request;
4.2.3.1.2 To the extent allowable under state or local law an effective prohibition, through ordinance or
other regulatory mechanism, of non-stormwater discharges into the permittee's storm sewer
system and implementation of appropriate enforcement procedures and actions. The permittee
shall identify the mechanism (ordinance or other regulatory mechanism) the permittee will use to
effectively prohibit illicit discharges into the Small MS4. If the permittee needs to develop this
mechanism, describe the permittee's plan and implementation schedule. If the permittee's
ordinance or regulatory mechanism is already developed, include a copy of the relevant sections
with the permittee's SWMP;
4.2.3.1.3 A plan and implementation schedule to detect and address non-stormwater discharges, including
discharges from illegal dumping and spills, to the permittee's system;
4.2.3.1.4 A dry weather field screening plan for non-stormwater flows and field tests of selected chemical
parameters as indicators of discharge sources. The plan shall also address on -site sewage disposal
systems that flow into the permittee's storm drainage system;
4.2.3.1.5 Procedures for locating priority areas which include areas with higher likelihood of illicit
connections (e.g., areas with older sanitary sewer lines) or ambient sampling to locate impacted
reaches;
4.2.3.1.6 Procedures for tracing the source of an illicit discharge, including the specific techniques the
permittee will use to detect the location of the source;
4.2.3.1.7 Procedure for eliminating the illicit discharge;
4.2.3.1.8 A plan to ensure through appropriate enforcement procedures, including fines, and actions that the
permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented;
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Permit No. MQR040005
4.2.3.1.9 A plan to inform public employees, businesses and the general public of hazards associated with
illegal discharges and improper disposal of waste. The permittee shall describe how this plan will
coordinate with all other minimum control measures, monitoring, and TMDL implementation (if
applicable);
4.2.3.1.10
A plan to address non-stormwater discharges or flows (i.e., illicit discharges) the permittee
identifies as significant contributors of pollutants to the regulated Small MS4 including authorized
non-stormwater discharges contained in Section 1.2.2.2 of this permit.
4.2.4 Construction Site Stormwater Runoff Control
4.2.4.1 The permittee shall develop, implement and enforce a program to reduce pollutants in any
stormwater runoff to their regulated Small MS4 from construction activities that result in land
disturbance of greater than or equal to one acre. Reduction of 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. As part of the SWMP, the permittee's construction site stormwater runoff
control program shall include the development and implementation of, at a minimum:
4.2.4.1.1 An ordinance or other regulatory mechanism to require operators to implement erosion and
sediment control BMPs at construction sites; to include sanctions designed to ensure compliance,
to the extent allowable under state or local law; and
4.2.4.1.1.1 If the permittee needs to develop this mechanism, the permittee shall describe the plan and
scheduled implementation. If the permittee's ordinance or regulatory mechanism is already
developed, the permittee shall include a copy of the relevant sections with the permittee's SWMP
4.2.4.1.2 Requirements for construction site operators to control construction -site waste that may cause
adverse impacts to water quality, such as discarded building materials, concrete truck washout,
chemicals, litter and sanitary waste;
4.2.4.1.3 Procedures for the permittee to consider and review all pre -construction site plans for potential
water quality impacts;
4.2.4.1.4 Procedures for the permittee receive and consider information submitted by the public, including
coordination with the permittee's public education and involvement programs;
4.2.4.1.5 Procedures for the permittee to inspect sites and enforce control measures, including prioritization
of site inspection; and
4.2.4.1.5.1 The permittee shall inspect (or require inspection of) any structure that functions to prevent
pollution of stormwater or to remove pollutants from stormwater and ensure that all BMPs are
implemented and effective; and a monitoring plan with implementation schedules shall be
referenced in the SWMP document.
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Permit No. MOR040005
4.2.4.1.6 A plan designed to ensure compliance with the permittee's erosion and sediment control
regulatory mechanism, including the sanctions and enforcement mechanisms the permittee will
use to ensure compliance and procedures for when certain sanctions will be used. Possible
sanctions include non -monetary penalties (such as stop work orders), fines, bonding requirements,
and/or permit denials for non-compliance.
4.2.5 Post -Construction Stormwater Management in New Development and Redevelopment
4.2.5.1 The permittee shall develop, implement and enforce a program to address the quality of long-term
stormwater runoff from new development and redevelopment projects that disturb equal to and
greater than one acre, including projects less than one acre that are part of a larger common plan of
development or sale, that discharge into the permittee's regulated Small MS4. The permittee's
program shall ensure that controls are in place that have been designed and implemented to
prevent or minimize water quality impacts. As part of the SWMP document, the post -construction
runoff control program shall include the following information, at a minimum:
4.2.5. 1.1 An ordinance or other regulatory mechanism to address post -construction runoff from new
development and redevelopment projects to the extent allowable under state or local law. If the
permittee needs to develop a mechanism, the permittee shall describe the plan and a schedule for
implementation. If the permittee's ordinance or regulatory mechanism is already developed, the
permittee shall include a copy of the relevant sections with the SWMP document;
4.2.5.1.2 A plan to ensure adequate long-term operation and maintenance of selected BMPs, including, as
appropriate, types of agreements between the pennittee and other parties such as post -
development landowners or regional authorities;
4.2.5.1.3 Strategies to minimize water quality impacts, which include a combination of structural and/or
non-structural BMPs appropriate for the permittee's community, including but not limited to the
assessment of site characteristics at the beginning of the construction site design phase to ensure
adequate planning for stormwater program compliance. The goal of this approach is to arrive at
designs that protect sensitive areas, minimize the creation of stormwater pollution, and utilize
BMPs that effectively remove stormwater pollution. This can be achieved by reasonably
mimicking pre -construction runoff conditions on all affected new development projects, or the
permittee may achieve this goal through a method more appropriate for its community;
4.2.5.1.4 An inspection plan with implementation schedules for post -construction BMPs; and
4.2.5.1.5 The permittee shall inspect or require the inspection of post -construction stormwater BMPs to
ensure that all BMPs are implemented and effective.
4.2.6 Pollution Prevention/Good Housekeeping for Municipal Operations
4.2.6.1 The permittee shall develop and implement an operation and maintenance program that includes a
training component and has the ultimate goal of preventing or reducing pollutant runoff from
municipal operations. As part of the SWMP, the pollution prevention/good housekeeping
program shall include the following information, at a minimum:
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Permit No. MOR040005
4.2.6.1.1 A government employee training program to prevent and reduce stormwater pollution from
activities such as park and open space maintenance, fleet and building maintenance, new
construction and land disturbances, and stormwater system maintenance. The permittee shall
describe any existing, available material the permittee plans to use such as those available from
EPA, the state, or other organizations. The permittee shall describe how this plan will coordinate
with all other minimum control measures, monitoring and TMDL implementations where
applicable;
4.2.6.1.2 A list of all municipal operations that are impacted by this operation and maintenance program.
The permittee shall also include a list of industrial facilities that the permittee owns or operates
that are subject to NDPES permits for discharges of stormwater associated with industrial activity
that ultimately discharge to the permittee's MS4. The permittee shall include the permit number
or a copy of the No Exposure Exemption Certification (if applicable) for each facility. NPDES
permitted facilities not owned or operated by the permittee are not required to be part of the list;
4.2.6.1.3 Maintenance BMPs, maintenance schedules, and long-term inspection procedures for controls to
reduce floatable and other pollutants to the permittee's regulated Small MS4;
4.2.6.1.4 Controls for reducing or eliminating the discharge of pollutants from street, roads, highways,
municipal parking Iots, maintenance and storage yards, waste transfer station, fleet or maintenance
shops with outdoor storage areas, and salt/sand storage locations and snow disposal areas the
permittee operates;
4.2.6.1.5 Procedures for the proper disposal of waste removed from the permittee's Small MS4 and areas of
jurisdiction, including dredged material, accumulated sediments, floatables and other debris;
4.2.6.1.6 Procedures to assess impacts of water quality for new flood management projects, if applicable.
Flood management projects are those projects developed or designed to reduce flooding.
4.2.6.2 All paints, solvents, petroleum products and petroleum waste products (except fuels) under the
control of the permittee shall be stored so that these materials are not exposed to stormwater.
Sufficient practices of spill prevention, control, and/or management shall be provided to prevent
any spill of these pollutants from entering waters of the state. Any containment system used to
implement this requirement shall be constructed of materials compatible with the substances
contained and shall also prevent the contamination of groundwater.
4.2.7 BMP Substitutions
4.2.7.1 BMPs and methods prescribed in Sections 4.2.1.1.1 through 4.2.1.1.5 (Public Education and
Outreach) , Sections 4.2.2.1.1 through 4.2.2.1.6 (Public Involvement and Participation), Sections
4.2.3.1.3 through 4.2.3.1.10 (Illicit Discharge Detection and Elimination), and Sections 4.2.6.1.4
through 4.2.6.1.6 (Pollution Prevention/Good Housekeeping for Municipal Operations) may be
substituted with alternative BMPs under the following conditions:
4.2.7.1.1 The substitutions are reasonably as protective as those they replace;
4.2.7.1.2 Substitutions and methods are identified in the SWMP, along with rational for substitutions; and
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Permit No. MOR040005
4.2.7.1.3 Progress on compliance with applicable minimum control measure(s) via substitution(s) is
reported in the MS4 SWMP Report.
4.3 Sharing Responsibility
4.3.1 Implementation of one or more of the minimum measures may be shared with another
governmental entity or the governmental entity can assume responsibility for the measure via the
co-permittee option if:
4.3.1.1 The co-permittee has a MS4 located within or partially within an Urbanized Area as determined
by the most recent Bureau of Census, which can include, but is not limited, to: municipalities,
county, military bases, large hospitals, prison complexes, universities, sewer districts, and
highway departments;
4.3.1.2 The co-permittee, in fact, implements the control measure;
4.3.1.3 The particular control measure, or component of that measure, is at least as stringent as the
corresponding permit requirements; and
4.3.1.3 The co-permittee agrees to implement the control measure on the permittee's behalf:
4.3.1.3.1 Written acceptance of this obligation is required;
4.3.1.3.2 This obligation shall be maintained as part of the documented description of the permittee's
SWMP;
4.3.1.3.3 If the co-permittee agrees to report on the control measure, the permittee shall supply the co-
permittee with the reporting requirements contained in Section 5.3 of this permit.
4.3.1.3.4 if the co-permittee fails to implement the control measures on the permittee's behalf, then the co-
permittee shall remain liable for any discharges due to that failure to implement. Additionally, the
Department may require corrective actions(s), require an application for a site -specific permit, or
require the co-permittee to apply and obtain their own Small Phase II MS4 general permit.
4.4 Reviewing and Updating the SWMP
4.4.1 The permittee shall conduct an annual review of their SMWP in conjunction with preparation of
the MS4 SWMP Report required under Section 5.3;
4.4.2 The permittee may change the SWMP during the life of the permit in accordance with the
following procedures:
4.4.2.1 Changes adding components, controls, or requirements to the SWMP may be made at any time
upon written notification to the Department; or through the MS4 SWMP Report if changes are
minor or through a timely resubrnittal of the SWMP if major changes are needed;
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Permit No. MOR040005
4.4.2.2 Changes replacing an ineffective or infeasible BMP specifically identified in the SWMP with an
alternate BMP may be made at any time and reported to the Department through the MS4 SWMP
Report or a timely resubmittal of the SWMP if major changes are needed. The permittee's
modifications shall include a documentation of the following:
4.4.2.2.1 An analysis of why the BMP is ineffective or infeasible (including cost prohibitive);
4.4.2.2.2 Expectations on the effectiveness of the replacement BMP; and
4.4.2.2.3 An analysis of why the replacement BMP is expected to achieve the goals of the BMP to be
replaced.
4.4.2.3 The permittee shall give advanced notice to the Department of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements.
4.4.3 Changes to the SWMP requested by the Department must be made in writing, set forth a time
schedule for the permittee to develop the changes, and offer the permittee opportunities to propose
alternative program changes to meet the objective of the requested modification. All changes
required by the Department will be made in accordance with 10 CSR 20-6.200. The Department
may require changes to the SWMP as needed to:
4.4.3.1 Address impacts on receiving water quality caused or affected by discharges from the MS4.
4.4.3.2 Include more stringent requirements necessary to comply with new federal or state statutory or
regulatory requirements; or
4.4.3.3 Include such other conditions deemed necessary by the Department to comply with the goals and
requirements of the MCWL.
4.4.4 In the event of a transfer of ownership, change in Continuing Authority, or change in
responsibility for SWMP implementation; the permittee shall implement the SWMP on all new
areas added to the permittee's portion of the MS4 (or for which the permittee becomes responsible
for implementations of stormwater quality controls) as expeditiously as practicable, but not later
than one (1) year from the addition of the new areas. Implementation may be accomplished in a
phased manner to allow additional time for controls that cannot be implemented immediately:
4.4.4.1 Within 90 days of a transfer of ownership, change of continuing authority, or change in
responsibility for SWMP implementation, the permittee shall submit a revised plan, if necessary,
for implementing the revised SWMP on all affected areas. The plan shall include revised
schedules for implementation. Information on ail new annexed areas and any resulting updates
required to the SWMP shall be included in the MS4 SWMP Report.
4.4.5 Addition of components, controls or requirements by the permittee(s) and replacement of an
ineffective or infeasible BMP implementing a required component of the SWMP with an alternate
BMP expected to achieve the goal of the original BMP shall be considered minor changes to the
SWMP and not a modification to this permit.
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Permit No. MOR040005
5. MONITORING, RECORDKEEPING, AND REPORTING
5.1 Monitoring
5.1.1 The permittee shall retain records of any monitoring information used to complete the application
for this operating permit, implementation of any part of this operating permit, and implementation
for any part of the permittee's SWMP for a period of at least three (3) years from the date of the
sample, measurement, or analysis. This period may be extended by official request by the
Department at any time. Monitoring data shall include, if applicable, the below information:
5.1.1.1 All calibrations and maintenance records;
5.1.1.2 All original strip chart recordings for continuous monitoring instrumentation;
5.1.1.3 The date, location, and time of sampling or measurement;
5.1.1.4 The individual(s) who performed the sampling or measurements;
5.1.I.5 The date(s) analyses were performed;
5.1.1.6 The individual(s) who performed the analyses;
5.1.1.7 The analytical techniques or methods used; and
5.1.1.8 The results of such analyses.
5.1.2 Any monitoring conducted for the purpose of implementation of any part of this permit shall be
conducted in accordance to test procedures approved under 40 CFR Part 136 unless another
method is required under 40 CFR subchapters N or O.
5.2 Recordkeeping
5.2.1 The permittee shall retain records of all activities requiring recordkeeping by the SWMP, a copy
of the NPDES permit, a copy of all ordinances, policies, and formal procedures for all six (6)
MCMs and records of all data used to complete the application for this permit, for a period of at
least three (3) years from the date of the report or application. This period may be extended by
official request of the Department at any time.
5.2.2 The permittee shall retain the most recent version of their SWMP at a reasonable location
accessible to the Department.
5.2.3 The permittee shall submit the items required under Part 5 — MONITORING,
RECORDKEEPING, REPORTING of this permit, including a copy of the permit, SWMP, or
application upon written request by the public.
5.2.3 The permittee shall submit the items contained in Sections 5.2.1 and 5.2.2 of this permit upon
request to the Department. The permittee shall retain a written description of the SWMP required
by this permit (including a copy of the permit) at a location accessible to the Department.
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Permit No. MOR040005
5.2.4 The permittee shall submit the items contained in Section 5.2.1 and 5.2.2 of this permit,
information and/or application, and description of the SWMP upon written request by the public.
5.3 MS4 SWMP Report
5.3.1 The permittee shall submit MS4 SWMP Reports containing, at a minimum:
5.3.1.1 Information regarding progress toward achieving the statutory goal of reducing the discharge of
pollutants to the MEP;
5.3.1.2 The status of the MS4's compliance with permit conditions;
5.3.1.3 Assessment(s) of the appropriateness of identified BMPs and corresponding measureabte goals for
each Minimum Control Measure;
5.3.1.4 A summary of results of information collected and analyzed during the reporting period, including
monitoring data or quantifiable values per the MS4's measurable goals;
5.3.1.5 A summary of the TMDL ARAP, if applicable, containing the implementation status of BMPs and
measurable goals specific to the TMDL Assumptions and Requirement Attainment Plan or
progress toward implementing the schedule for implementation of the TMDL Assumptions and
Requirement Attainment Plan. The summary shall also include any changes to BMPs and
corresponding measurable goals;
5.3.1.5.6 if the permittee is utilizing a Department approved integrated planning process, then the permittee
shall provide a summary of the status of the integrated plan incorporated with the TMDL ARAP;
5.3.1.7 A summary of the stormwater activities the permittee plans to undertake during the next reporting
cycle (including an implementation schedule);
5.3.1.8 Any proposed changes to the permittee's SWMP, including changes to any identified BMPs or
measureable goals that apply to the SWMP; and
5.3.1.9 Notice that the permittee is relying on another government entity to satisfy some of the permittee's
permit obligations. If applicable, the permittee shall supply the name of the entity, the name of the
entity's primary contact person, and other relevant contact information.
5.3.2 The MS4 SWMP Report shall contain the above information for previously unreported calendar
year(s). The MS4 SWMP Report shall be submitted based on the schedule below:
Report Frequency
Report Due Dates
Applicability
Annual
February 28th each year*
Newly designated MS4s, MS4s
subject to TMDLs
Biennial
February 28te odd years only**
Existing MS4s not subject to TMDLs
nnual reports will continue to be due every year on February 28 after expiration of this permit until the permit is
renewed.
** - Biennial reports will continue to be due every odd number year on February 28th after expiration of this permit until
the permit is renewed.
5.3.3 Annual MS4 SWMP Reports shall contain all required information from January 1st to December
31 st each year. Biennial MS4 SWMP Reports shall contain all required information from January
1st of the beginning year to December 31 st of the immediate following year.
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Permit No. MOR040005
5.3.4 Permittees shall submit the MS4 SWMP Reports on the Department approved, MS4
STORMWATER MANAGEMENT PLAN (SWMP) REPORT (Form MO 780-1846).
5.3.5 If approved by the Department, permittees may submit the MS4 SWMP Report using an
alternative report format.
6. STANDARD PERMIT CONDITIONS
6.1 Duty to Comply. The permittee shall comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Missouri CWL and the Federal CWA and is grounds
for enforcement action, permit termination, revocation and reissuance, modification, or for denial
of a permit renewal.
6.2 Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any
discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of
adversely affecting human health or the environment;
6.3 Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances) which are installed
or used by the permittee to achieve compliance with the conditions of this permit. Proper
operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of backup or auxiliary facilities or
similar systems installed by a permittee only when necessary to achieve compliance with the
conditions of the permit;
6.4 Inspection and Entry. The permittee shall allow the department or an authorized representative
(including an authorized contractor acting as a representative to EPA, or the department) upon the
presentation of credentials and other documents as may be required by law to:
6.4.1
6.4.2
6.4.3
6.4.4
Enter the permittee's premises where a regulated facility or activity is located or conducted or
where records must be kept under the conditions of this permit;
Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
Inspect any facilities, equipment (including monitoring and control equipment), practices, or
operations regulated or required under this permit; and
Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Act, any substance or parameters at any location.
6.5 Monitoring Methods. See Part 5.1 of this operating permit.
6.6 Need to Halt or Reduce Activity Not an Excuse. It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this permit.
6.7 Permit Actions. This permit may be modified, revoked, reissued, or terrninated for cause. The
filing of a request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not stay any
permit condition;
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Permit No. MOR040005
6.8 Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the
permit expiration date, the permittee must apply for and obtain a new permit. The renewal
application shall be submitted at least 30 days prior to expiration of this permit unless the
department allows a later deadline not to exceed the expiration date of the permit. Continuation of
expiring permits are in accordance with 10 CSR 20-6.010(10)(E) and subsequent amendments;
6.9 Administrative Continuation of the Permit. If this permit is not reissued or replaced prior to the
expiration date, it will be administratively continued in accordance with 10 CSR 20-6.010(10)(E)
and remain in force and effect. Any permittee who was granted permit coverage prior to the
expiration date, and who has applied for renewal at least 30 days prior to the expiration date, will
automatically remain covered by the continued permit until the earlier of:
6.9.1. Reissuance or replacement of this permit, at which time the permittee shall comply with the
application conditions of the new permit to maintain authorization to discharge;
6.9.2. Notice of termination;
6.9.3 Issuance of a site -specific permit or alternative general permit for MS4 discharges; or
6.9.4. A permit decision by the Director not to reissue this general permit, at which time the permittee
shall seek coverage under an alternative general permit or a site -specific permit.
6.10 Permit Transfers. Subject to 10 CSR 20-6.010(11), an operating permit may be transferred upon
submission to the department. The department may require modification or revocation and
reissuance of the permit to change the name of the permittee and incorporate such other
requirements as may be necessary under the Missouri CWL or the Federal CWA. (See 40 CFR
122.61; in some cases, modification or revocation and reissuance is mandatory.)
6.11 Procedures for Modification or Revocation.
6.11.1 If at any time the department determines that the quality of waters of the state may be better
protected by reopening this permit, or revoking this permit and requiring the owner/operator of the
permitted site to apply for a site -specific (individual) permit or alternative general permit, the
department may revoke a general permit and require any person to obtain such an operating permit
as authorized by 10 CSR 20-6.010(13), 10 CSR 20-6.200(1)(B) or 10 CSR 20-6.200(6);
6.11.2 If this permit is reopened, modified or revoked pursuant to this section, the permittee retains all
rights under Chapters 536 and 644 Revised Statutes of Missouri upon the department's reissuance
of the permit as well as all other forms of administrative, judicial and equitable relief available
under law;
6.11.3 The department may require the permittee to apply for and obtain a site -specific or alternative
general permit if:
6.11.3.1 The permittee is not in compliance with the conditions of this general permit; or
6.11.3.2 The discharge no longer qualifies for this general permit due to changed site conditions and
regulations; and
6.11.4 The permittee will be notified in writing of the need to apply for a site -specific permit or an
alternative general permit. When a site -specific permit or alternative general permit is issued to
the authorized permittee, the applicability of this general permit to the permittee will be terminated
upon the effective date of the site -specific or alternative general permit, whichever the case may
be.
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Permit No. MOR040005
6.12 Site -Specific Permit or Alternative General Permit. The permittee may apply for a site -specific
permit or alternative general permit in lieu of coverage under this general permit. In such cases,
the permittee shall submit an application for the alternate permit in accordance with the
requirements of 10 CSR 20-6.200 with reasons supporting the request. The request may be
granted by issuance of any site -specific permit or an alternative general permit.
6.13 Property Rights. This permit does not convey any property rights of any sort, or any exclusive
privilege;
6.14 Duty to Provide Information. The permittee shall furnish to the department, within a reasonable
time, any information which the department may request to determine whether cause exists for
modifying, revoking, and reissuing, or terminating this permit or to determine compliance with
this permit. The permittee shall also furnish to the department upon request copies of records
required to be kept by this permit;
6.15 Falsification Penalties. Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan, or other document filed or required to be
maintained pursuant to sections 644.006 to 644.141 or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required to be maintained pursuant to sections
644.006 to 644.141 shall, upon conviction, be punished by a fine of not more than ten thousand
dollars, or by imprisonment for not more than six months, or by both. Second and successive
convictions for violations under this paragraph by any person shall be punished by a fine of not
more than $50,000 per day of violation, or by imprisonment for not more than two years, or both;
6.16 Reopener Clause. Nothing in this permit shall prevent the department from re -opening,
modifying, or revoking this permit as authorized by law.
6.17 Signatory Requirements.
6.17.1 All permit applications shall be signed and certified in accordance with 40 CFR 122.22 and 10
CSR 20-6.010(2)(B) by either a principal executive officer or by an individual having overall
responsibility for environmental matters for the permittee; and
6.17.2 All reports required by this permit, and other information requested by the department shall be
signed by a person described in paragraph 6.17.1 of this permit, or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
6.17.2.1 The authorization is made in writing by a person designated in Section 6.17.1 of this permit;
6.17.2.2 The authorization specifies an individual or a position having responsibility for the overall
operation of the regulated facility or activity such as the position of plant manager, operator,
superintendent, or position of equivalent responsibility or an individual or position having overall
responsibility for environmental matters for the permittee. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position);
6.17.2.3 The written authorization is submitted to the Director; and
6.17.2.4 If an authorization under 6.10 is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new [written] authorization satisfying the
requirements of this paragraph must be submitted to the Director prior to or together with any
reports, information, or applications signed by an authorized representative.
MOR040000
Fact Sheet, Page 1
Missouri Department of Natural Resources
FACT SHEET
FOR THE PURPOSE OF RENEWAL
OF
PHASE II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
MO-R040000
MASTER GENERAL PERMIT
The Federal Water Pollution Control Act ("Clean Water Act or CWA" Section 402 Public Law 92-500 as amended)
established the National Pollution Discharge Elimination System (NPDES) permit program. This program regulates
the discharge of pollutants from point sources into the waters of the United States, and the release of stormwater from
certain point sources. All such discharges are unlawful without a permit (Section 301 of the CWA). After a permit is
obtained, a discharge not in compliance with all permit terms and conditions is unlawful. Permits in Missouri are
issued by the Director of the Missouri Department of Natural Resources (department) under an approved program,
operating in accordance with federal and state laws (Federal CWA and Missouri Clean Water Law or CWL Section
644 as amended). NPDES operating permits are issued for a period of five (5) years unless otherwise specified.
The purpose of a fact sheet is to give the reader pertinent information regarding the applicable regulations, rationale
for the development of the NPDES Missouri State Operating Permit (operating permit), and the public participation
process for operating permit listed below.
A fact sheet is not an enforceable part of an operating permit.
This fact sheet is for a 2015 renewal of Master General Permit MOR040000 for regulated Small Municipal Separate
Storm Sewer Systems (MS4s) and has been significantly modified to better provide justification to the terms and
conditions of the MS4 general permit MOR040000 due to continent received during the October 31, 2014 to
December 31, 2014, public notice period.
Part I - Facility Information
The following MS4 facility information should appear on the certification page of the General Permit Covered
Facility operating permit. If the below information listed on the certification page is not correct, please contact the
appropriate Regional Office on how to correct the information. This may include an operating permit modification
application along with application fee.
• NPDES Permit Number
• Facility Name/Address
• Owner's Name/Address
• Department's Regional office(s) the MS4 is located
• Missouri County or Counties the MS4 is located
• MS4 SIC code and NAICS code
• Facility Description
Part II — Permitted Features
A NPDES Permitted Feature is a term borrowed from the Department's Clean Water Information System
(MoCWIS), which is typically a three digit code used to describe if the point source location is an outfall,
monitoring location, well, internal monitoring location, stormwater outfall, etc.
Applications for MS4 operating permit (renewal or new) require the MS4 to provide information
regarding the location of outfalls from the regulated MS4. in accordance with 10 CSR 20-6.200(1)(C)18,
an outfall is defined as, "A point source as defined by 10 CSR 20-2.010 at the point where a municipal
separate storm sewer discharges and does not include open conveyances connecting two (2) municipal
separate storm sewers, pipes, tunnels or other conveyances which connect segments of waters of the state
and are used to convey water of the state."
MOR040000
Fact Sheet, Page 2
A point source is, as defined in 10 CSR 20-2.010(54), "Any discernible, confined and discrete conveyance
including but not limited to, any pipe, ditch, channel, tunnel conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, separate storm sewer or vessel or other floating craft
from which pollutants are, or may be, discharged."
Applications for renewal or to receive (i.e., new permit) of the MS4 general permit require the permittee to provide
the legal description, outfall number and receiving stream. In addition, the application for both co-permittees and
individual MS4 permittees require a United States Geological Survey map showing the locations of the
municipality/area in relation to the local road system and to indicate on the map the municipallarea boundary,
receiving stream(s), all known stormwater outlets and the map section, township, and range. From this information,
Department permit writers will establish a full description of these permitted features on the permit's certification
page with the following:
Permitted Feature ID (e.g., Outfall #001)
Legal Description: 1/4, '/a, Section, Township, Range, Direction
UTM Coordinates: X=000000.0, Y=0000000.0 (Fasting, Northing respectively)
Receiving Stream: Name & Classification
First Classified Stream and ID: Name, Class, Waterbody ID — currently provided by the department
USGS Basin & Sub -watershed No.: (# — #) [12 digit USGS Hydrologic Unit Code (HUC)]
This permit allows regulated MS4s to discharge stormwater to the following waters, depending on location
of the regulated MS4: Missouri or Mississippi River, lakes or reservoirs, losing streams, metropolitan no -
discharge waters, special streams, subsurface waters and other waters of the state.
Part III - Rationale and Derivation of Limitations & Permit Conditions
ADDITIONAL FEDERAL ACTS
In accordance with 40 CFR 122.49(b) and (c) the operating permit cites the Endangered Species Act (ESA) and the
National Historic Preservation Act (NHPA) and places the permittee on notice that the operating permit does not
affect, remove or replace the requirements or compliance determination for NPDES operating permits. It is the
responsibility of the permittee to determine if activities conducted within their MS4 or stormwater discharging from
their MS4 are in compliance with the ESA and NHPA.
Assistance in determining applicability to ESA conditions and requirements can be found in the U.S. Fish and
Wildlife Service (FWS) Endangered Species webpage, which is located at: http://www.fws.gov/endangered/.
Additionally, the FWS Information for Planning and Conservation (IPaC) web -based project planning tool that
streamlines the environmental review process is highly recommended and is located at: http:/lecos.fws.gove/ipacr.
Assistance in determining applicability to NHPA conditions and requirements can be found in the Department's State
Historic Preservation Office Section 106 Review, which is located at: http://dnr.rno.gov/shpo/sectionrev.htm.
Additionally, the Advisory Council on Historic Preservation Citizen Guide to Section 106 Review, which explains
the process, is located at: http//www.achp.gov/citizensguide.html.
In addition to the ESA and NHPA, this operating permit does not affect, replace or remove the requirements and
compliance determinations with respect to substances not otherwise covered under a NPDES permit and regulated by
federal law under the Resource Conservation and Recovery Act or the Comprehensive Environmental Response,
Compensation, and Liability Act.
ANTI -BACKSLIDING:
Anti -backsliding is a provision in federal regulations CWA §303(d)(4); CWA §402(o); 40 CFR 122.44(1) that
requires a reissued permit to be as stringent as the previous permit with some exceptions. The permit complies with
Anti -backsliding regulations.
This operating permit conforms with anti -backsliding in accordance with CWA §402(o)(2)(B)(ii), which states, "The
Administrator determines that technical mistakes or mistaken interpretations of law were made in issuing the permit
under subsection (a)(1)(B) of this section." However, while this is a true statement, the department believes this
operating permit does not backslide as it is more protective than the previous Master General Permit for Phase 1I
Small MS4 (previous general permit). Regardless, the discussion in support of CWA §402(o)(2)(B)(ii) is given
below.
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The previous general permit contained several terms and conditions regarding water quality standards, which were
incorrectly established, unenforceable and not in keeping with applicable federal and state statutes and regulations.
Specifically, section 1.3.6 established that the permit did not authorize "discharges that cause or contribute to a
violation of instream water quality standards." Section 3.1.2 established, "The permittees SWMP document required
under section 4 shall include a description of how the permittee's program will control the discharge of measurable
pollutants of concern and ensure the permittee's discharge will not cause or contribute to instream exceedances of
water quality standards." Section 3.1.3.7 established, "The permittee shall continue meeting the requirements of
3.1.3.4 through 3.1.3.7 for this permit duration until the department determines WLAs are being met or that water
quality standards are being met." Additionally, section 4.1.4 requires the permittee to, "implement a program
designed to protect water quality in potentially affected waters and ensure that the permitted activities do not cause a
violation of the Water Quality Standards." Finally, under section 4.1.4.1, the permit establishes, "Discharge to waters
of the state shall not cause a violation of water quality standards rule under 10 CSR 20-7.031, including both specific
and general criteria."
Federal regulation 40 CFR 122.34(a) states, "Your NPDES MS4 permit will require at a minimum that you develop,
implement, and enforce a stormwater management program to reduce the discharge of pollutants from your MS4 to
the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality
requirements of the Clean Water Act..." It is believed (i.e., not documented in the fact sheet) the previous operating
permit was issued under the concept that "to protect water quality, and to satisfy the appropriate water quality
requirements of the Clean Water Act" was to require strict and immediate compliance with both numeric and
narrative Missouri's Water Quality Standards (WQS).
As noted in the 1999 National Pollution Discharge Elimination System Regulations for Revisions of Water Pollution
Control Program Addressing Storm Water Discharges (64 FR No. 235), "For this reason, today's rule specifies that
the `compliance target' for the design and implementation of municipal storm water control program is 'to reduce the
pollutants to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water
quality requirements of the CWA'. The first component, reduction to the MEP, would be realized through the
implementation of the six minimum measures. The second component, to protect water quality, reflects the overall
design objective for municipal programs based on CWA section 402(p)(6). The third component, to implement other
applicable water quality requirements of the CWA, recognizes the Agency's specific determination under CWA
section 402(p)(3)(B)(iii) of the need to achieve reasonable further progress toward attainment of water quality
standards according to the iterative BMP process, as well as the determination that State or EPA officials who
establish TMDLs could allocate waste loads to MS4s, as they would to other point sources."
As noted above in 64 FR No. 235, 40 CFR 122.34(a), specifies the "compliance target" (i.e., the goal, what to aim
for, etc....) is MEP, protection of water quality, and to satisfy the appropriate water quality requirements of the CWS.
Additionally, it establishes that the phrase "to protect water quality" reflects the overall design objective for the
municipal program, which is in contrast to the previous general permit as it established water quality shall not be
violated rather than what to set goals to achieve (i.e., as a design objective). This is subsequently supported with the
third portion of 40 CFR 122.34(a), "to satisfy the appropriate water quality requirements of the CWA" as 64 FR No.
235 clearly establishes that this is achieved via reasonable further progress toward attainment of water quality
standards according to the iterative process (Le., the process of establishing BMPs, evaluating the BMPs, and
refocusing on BMPs). The phrase, "via reasonable further progress toward attainment of water quality standards"
establishes (1) that water quality is the goal, but more importantly (2) there is a process that allows the permittee to
reach attainment with water quality, which is "reasonable further progress." When the previous general operating
permit established that violation of water quality were not permitted and that the permittee could not exceed numeric
and narrative water quality standards, it removed the ability of the permittee to utilize the iterative process and
reasonable further progress.
Additionally, the previous general permit's requirement to not violate WQS without the establishment of numeric
limitations is not in keeping with 40 CFR 122.44(d). Specifically, the previous general permit did not allow the
specific MS4s to be subject to reasonable potential in accordance with 122.44(d)(ii). Rather, the previous operating
permit skips the requirement under 40 CFR 122.44(d)(1)(ii) by assuming the permitting authority has determined the
discharges already cause or have reasonable potential to cause or contribute to in -stream excursions above the
allowable ambient concentrations of Missouri's WQS. Additionally, the permit fails to establish required numeric
effluent limitations per 40 CFR 122.44(d)(1)(iii) and (iv) when it required compliance with numeric water quality
standards.
The previous general permit was also in contrast with Missouri's CWL §644.051.4, which states, "...The director, in
order to effectuate the purposes of sections 644.006 to 644.141, shall deny a permit if the source will violate any such
acts, regulations, limitations or standards or will appreciably affect the water quality standards or the water quality
standards are being substantially exceeded, unless the permit is issued with such conditions as to make the source
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Fact Sheet, Page 4
comply with such requirements within an acceptable time schedule." The previous operating permit was not in
keeping with this statute as it failed to be issued with conditions to make the source comply with such requirements
(Le., numeric effluent limits) and within an acceptable time schedule.
Additionally, 64 FR No. 235 establishes, "Because the six measures representing a significant level of control if
properly implement, EPA anticipates that a permit for regulated small MS4 operator implementing the six minimum
control measures will be sufficiently stringent to protect water quality, including water quality standards, so that
additional, more stringent and/or more prescriptive water quality based effluent limitations will be unnecessary."
While this places responsibility on the permittee to successfully implement the six MCMs in accordance with 40 CFR
122.34(a), it also places a responsibility onto the NPDES authority to ensure that the MS4 permit establishes clear
conditions in the permit to ensure that the MS4 is implementing the six minimum control measures successfully.
Thus, a portion of the increased protection comes from simplifying terms and conditions so as to provide clear
mechanism for implementing 40 CFR 122.34(a) and (b).
One set of revisions to the operating permit requires the permittee to clearly document the purpose or rather expected
result of the BMP. This is the first step in the process of reducing pollutants to the MEP as it places more emphasis
on BMP selection and provides more clarity to the permittee when determining measurable goals, which is the second
step in reducing pollutants to the MEP. The evaluation of BMPs is just as important as the actual mechanism to
reduce pollutants. Without knowing the effectiveness of BMPs, permittees cannot achieve MEP. Likewise, without
knowing the effectiveness of BMPs, permittees have a greater potential to mismanage funding for BMPs. Meaning,
BMPs that are not effectively evaluated may be draining the permittee's stormwater funds on an ineffective BMP,
which places a significant hurdle in the attainment of MEP.
As noted above, this operating permit requires the permittee to develop/design BMPs and conduct evaluations of
these BMPs. In addition, this operating permit requires the permittee to develop and implement an iterative process
(please see the Iterative Process portion of this fact sheet). Without the iterative process in place, which is a process
to replace ineffective BMPs, permittees cannot use reasonable further progress. Reasonable further progress is the
process that, by design, replaces ineffective BMPs with effective BMPs, which in time become more protective of
water quality; thus, ensuring the requirement under 40 CFR 122.34(a) are continued beyond protection of water
quality and satisfaction of the Clean Water Act due to the continued reduction of pollutants to the MEP.
While the above permit requirements, by themselves, are more protective than the previous general permit, this
operating permit establishes additional steps on the department that were not previously required. This operating
permit requires the department to review and rate (i.e., approve or disapprove) the SWMP, which is the real
mechanism of MEP. This is due to the fact that this operating permit establishes the minimum framework but places
responsibility onto the permittee to develop and implement BMPs in accordance with 40 CFR 122.34(a) and
ultimately section 402(p)(3)(B)(iii) of the CWA (i.e., MEP) to the best of their ability, which includes cost. By
conducting the review and rating of the SWMP, the department is ensuring that the permittee is meeting the
requirements of 40 CFR 122.34(a); however, SWMP will not be reviewed prior to this operating permit being issued
due to changes in this permit will give cause for SWMPs to be revised and resubmitted for review and rating.
ANTI -DEGRADATION:
Anti -degradation consists of policies designed to ensure protection of water quality for a particular waterbody where
the water quality exceeds levels necessary to protect fish and wildlife propagation and recreation on and in the water.
This also includes special protection of waters designated as outstanding natural resource waters. Anti -degradation
plans are adopted by each state to minimize adverse effects on water.
As per 10 CSR 20-7.031(2)(D), the three (3) levels of protection provided by the anti -degradation policy in
subsections (A), (B) and (C) of this section shall be implemented according to procedures developed by the
department. On April 20, 2007, the Missouri Clean Water Commission approved "Missouri Anti -degradation Rule
and Implementation Procedure" (Anti -degradation Rule), which is applicable to new or upgraded/expanded facilities.
The department has determined that the best avenue forward for implementing the Anti -degradation requirements
into the MS4 general permit is by requiring the appropriate development and maintenance of a SWMP. Section 4.1
of the permit directs the permittee to identify reasonable and effective BMPs in the SWMP, document the decision
process for each minimum control measure, include a rationale statement for each BMP and measurable goal defined,
provide an implementation schedule and develop a plan to evaluate program compliance, appropriateness of
identified BMPs and progress towards achieving identified measurable goals. This selection and documentation of
appropriate control measures will then serve as the analysis of alternatives and fulfill the requirements of the
Antidegradation Rule and Implementation Procedure 10 CSR 20-7.031(3) and 10 CSR 20-7.015(9)(A)5.
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Any facility seeking coverage under this permit, which undergoes expansion or discharges a new pollutant of
concern, must update their SWMP and select new BMPs that are reasonable and cost effective. Facilities seeking
coverage under this permit are required to develop a SWMP that includes this analysis and documentation of
appropriate BMPs. Renewal of coverage for a facility requires a review of the SWMP to assure that the selected
BMPs continue to be appropriate.
Adequate implementation of BMPs and terms and conditions described in this permit satisfies anti -degradation
requirements. Compliance with the requirements established in this permit for the protection of General Criteria,
along with the evaluation and implementation of BMPs as documented in the SWMP, meets the requirements of
Missouri's Antidegradation Review [10 CSR 20-7.031(3) and Table A and 10 CSR 20-7.015(9)(A)5.]
APPLICATION REQUIREMENTS:
Small MS4s (as defined under 10 CSR 20-6.200) are to apply and obtain a small MS4 General Permit or site -specific
permit in accordance with 40 CFR 122.33 and 10 CSR 20-6.200(5).
COMPLIANCE AND ENFORCEMENT:
Enforcement is the action taken by the Water Protection Program (WPP) to bring an entity into compliance with the
Missouri CWL, its implementing regulations, and/or any terms and conditions of an operating permit. The primary
purpose of the enforcement activity in the WPP is to resolve violations and return the entity to compliance.
Dischargers of stormwater from regulated Small MS4s, as defined in the Missouri Stormwater Regulations 10 CSR
20-6.200 who do not obtain coverage under this or other Missouri general permits, or under a site -specific NPDES
permit, will be in violation of the Missouri CWL and its implementing regulations and subject to civil penalties of up
to $10,000 per violation per day. For entities covered under a NPDES permit, failure to comply with any NPDES
permit requirement also constitutes a violation of the Missouri CWL and its implementing regulations.
INTEGRATED PLANNING
As noted in the June 5, 2012 EPA memorandum, "Integrated Municipal Stormwater and Wastewater Planning
Approach Framework" EPA has increasingly embraced integrated planning approaches to municipal wastewater and
stormwater management. EPA further committed to work with states and communities to implement and utilize these
approaches in its October 27, 2011 memorandum "Achieving Water Quality Through Municipal Stormwater and
Wastewater Plans."
Integrated planning assist MS4 communities on their critical paths to achieving the human health and water quality
objectives of the Clean Water Act by identifying efficiencies in implementing requirements that arise from distinct
wastewater and stormwater programs, including how best to prioritize capital investments. Integrated planning can also
facilitate the use of sustainable and comprehensive solutions, including green infrastructure, that protect human health,
improve water quality, manage stormwater as a resource, and support other economic benefits and quality of life
attributes that enhance the vitality of communities.
For more information regarding Integrated Planning please review both of the memorandums cited under this portion of
the factsheet or contact the MS4 Coordinator.
ITERATIVE PROCESS
The iterative process is documented process consisting of action items and analysis that is to be conducted
by the permittee to ensure that BMPs are effective and that the permittee is meeting the MEP standard. The
process starts with the evaluation of a BMP with its designated measurable goal, which is the reason
quantifiable measurable goals greatly assist in the iterative process vs. tracking measurable goals. If the
BMP is found effective, then the permittee with regards to the BMP continues as normal until the next
round of evaluation. if the BMP is found to be ineffective, then the permittee is required to conduct
analysis to determine if the ineffective BMP is truly ineffective or if the measurable goal set was ill -chosen
or unattainable due to no fault of the permittee.
If the measurable goal was ill -chosen or unattainable, then the permittee would need to conduct analysis to
determine a more appropriate measurable goal, preferably quantifiable. If the measurable goal wasn't ill -
chosen or unattainable, then the permittee is to conduct analysis, research, or review to determine a
replacement BMP that is to be effective at reaching the existing measurable goal or new measurable goal
that is more "protective" than the previous measurable goal. However, if the replacement BMP requires a
new measurable goal, preferably quantifiable, then it is advantageous for the permittee to develop an
appropriate measurable goal for the BMP. The replacement of the ineffective BMP with an effective BMP
provides the permittee with compliance with reasonable further progress.
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This process should occur as an annual evaluation; however, it would be naive to believe that all BMPs can
be evaluated annually. Thus, BMPs are to be evaluated every 5 years (i.e., the life of the permit) as a
minimum and as required by this operating permit.
MAXIMUM EXTENT PRACTICABLE (MEP):
Prior to 1987, municipal stormwater was subject to the same controls as other point sources like industrial and
domestic discharges, which was section 301(b) of the CWA. However, in 1987, "Congress retained the existing,
stricter controls for industrial stormwater discharges but prescribed new controls for municipal stonnwater
discharges," NRDC v. EPA, 966 f.2D 1292, 9th Cir. 1992 (NRDC v. EPA). This "new control" was established in
section 402(p)(3)(B)(iii) of the CWA, which states, "Permits for discharges from municipal storm sewers — shall
require controls to reduce the discharge of pollutants to the maximum extent practicable, including management
practices, control techniques and system, designs and engineering methods, and such other provisions as the
Administrator or State determines appropriate for the controls of such pollutants."
The argument for "new controls" contained in the case of NRDC v. EPA was subsequently supported in the case of
Defenders of Wildlife v. Browner, in which it was concluded that section 402(p)(3)(B) of the CWA "replaces" the
requirements of 301( b) of the CWA with the MEP standard for MS4 discharges, and that it creates a "lesser
standard" than section 301(b) of the CWA establishes on other types of discharges. Thus, MEP is a technology -based
standard established by Congress in Section 402(p)(3)(B)(iii) of the CWA. As established in the 1999 National
Pollution Discharge Elimination System Regulations for Revisions of Water Pollution Control Program Addressing
Storm Water Discharges (64 FR No. 235), MEP is, "...the statutory standard that establishes the level of pollutant
reduction that operators of regulated MS4s must achieve," (Le., not water quality standards).
In addition to indicating that MEP is the statutory requirement, the EPA also clearly stated that MEP is applicable to
the six (6) minimum controls measures in 64 FR No. 235, which states, "The first component, reduction to the MEP,
would be realized through implementation of the six minimum measures." The description of MEP continues in 64
FR No. 235, with "EPA envisions application of the MEP standard as an iterative process. MEP should continually
adapt to current conditions and BMP effectiveness and should strive to attain water quality standards." The iterative
process, mentioned is also defined in 644 FR. No 235 with the following, "...implement an iterative process of using
BMPs, assessment, and refocused BMPs, leading toward the attainment of water quality standards."
Therefore, compliance is determined by the successful implementation of the six MCMs in accordance with the
conditions established in the operating permit, BMPs designed to reduce pollutants to the MEP and the utilization of
the iterative process.
MEASURABLE GOALS
Measureable goals are described in the Phase II rule as BMPs designed objectives or goals that quantify the progress
of program implementation and performance of your BMPs. They are objective markers or milestones that the MS4
permittee or the permitting authority will use to track the progress and effectiveness of BMPs in reducing pollutants
to the MEP. At a minimum, your measurable goal should contain descriptions of actions that will be taken to
implement each BMP, what you anticipate to be achieved by each goal, and the frequency and dates for such actions
to be taken. BMPs and Measurable Goals are the mechanisms that are used to establish a clear and specific baseline
against which future progress at reducing pollutants to the MEP can be measured.
There are a number of different ways MS4 permittees can establish measureable goals. It is recommended that the
below categories when developing goals:
• Tracking implementation over time — Where a BMP is continually implemented over the permit term, a
measurable goal can be developed to track how often, or where, this BMP is implemented.
• Measuring progress in implementing the BMP — Some BMPS are developed over time, and a measurable
goal can be used to track this progress until the BMP implementation is completed.
• Tracking total numbers of BMPs implemented — Measureable goals can be used to track BMP
implementation numerically (e.g., the number of wet detention basins in place or the number of people
changing their behavior due to the receipt of educational materials.
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• Tracking program/BMP effectiveness — Measurable goals can be developed to evaluate BMP
effectiveness, for example, by evaluating a structural BMP's effectiveness at reducing pollutant loading, or
evaluating a public education campaign's effectiveness at reaching and informing the target audience to
determine whether it reduces pollutants to the MEP. A measurable goal can also be a BMP design objective
or performance standard.
Tracking environmental improvement — The ultimate goal of the NPDES stormwater program is
environmental improvement, which can be a measurable goal. Achievement of environmental improvement
can be assessed and documented by ascertaining whether state water quality standards are being met for the
receiving waterbody or by tracking trends or improvements in water quality (chemical, physical, and
biological) and other indicators, such as the hydrologic or habitat condition of the waterbody or watershed.
Additionally, it is recommended that measurable goals include, where appropriate, the following items:
• The activity, or BMP, to be completed;
• A schedule or date of completion; and
• A quantifiable target to measure progress toward achieving the activity or BMP.
Measurable goals that include these items (not necessarily all three) are easy quantifiable, which leads to being easily
tracked, and ultimately leading to a clear demonstration of reducing pollutants to the MEP. However, just because
the MS4 permittee has a measureable goal does not equate that it is effective as a measurable goal. In order to help in
the selection of measurable goals that will work for the MS4 permittee, it is recommended that the below criteria are
used in selecting measurable goals:
• Consider the objective for each minimum measure — The BMP that permittees chose should work toward
one or more common objectives related to stormwater quality improvement and reducing pollutants to the
MEP. Objectives should be based on what is known about existing pollutant sources and problems in the
watershed and what is required by the minimum measure. The objective can be something the MS4
permittee can quantify or it can be a goal or purpose statement.
• Review the programs that are already in place for each minimum measure — Use a self-audit/self-
analysis. Coordination with other agencies, non-profit groups, citizen groups, etc.... to identify existing
initiatives that can be used as part of the stormwater management program.
▪ Corresponding BMP — Select BMPs that can be utilized for more than one minimum control measure each
other and work toward meeting each minimum measure. These BMPs should address the minimum
measures objective identified above and meet the regulatory requirement in the minimum measure.
Likewise, when a BMP can be utilized for more than one minimum control, the measurable goal can also be
used on more than one minimum measure.
▪ Milestones for implementation — Measurable goals should include a timeframe and a quantity to measure,
if possible. To assist in this, MS4s should consider the following questions:
o When will BMP be implemented?
o What and when can institutional, funding, and legal issues, if any, need to be resolved before
implementation can occur?
o How will progress of implementation be tracked? (Spreadsheets or databases are very useful in
tracking progress.
o How can the BMP be measured to demonstrate pollutants are being reduced to the MEP? Changes
in behavior, number of BMPs implemented, or documented improvements in water quality are
results that can demonstrate this.
• Evaluation and Effectiveness of each BMP - MS4s will need to ascertain what effects individual and
collective BMPs have on water quality and associated indicators. Instream monitoring, such as physical,
chemical, and biological monitoring is ideal because it allows the MS4 to determine if the BMP is
improving water quality resulting from management efforts. Intermediate goals can provide documentation
of progress toward the measurable goal. Ultimately, the evaluation method that is used by the MS4
permittee for each BMP should lead to a determination of the environmental benefits of each minimum
measure and overall effectiveness of the SWMP in reducing pollutants to the MEP.
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MINIMUM CONTROL MEASURES (MCMS)
The Phase II rule defines a small MS4 stormwater management program as being comprised of six (6) Minimum
Control Measures (MCMs) that, when administered in concert, are expected to result in the reduction of the discharge
of pollutants into receiving water bodies. Operators of regulated small MS4s are required to design their programs to
do the following: reduce the discharge of pollutants to the MEP, protect water quality, and satisfy the appropriate
water quality requirements of the Clean Water Act per 40 CFR 122.34(a).
Proper implementation of the measures will improve water quality as indicated in 64 FR. No. 235, which states,
"Absent to the contrary, EPA presumes that a small MS4 program that implements the six minimum measures in
today's rule does not require more stringent limitations to meet water quality standards. Proper implementation of
the measures will significantly improve water quality." The department considers narrative effluent limitations
requiring the implementation of BMPs to be the most appropriate in accordance with 40 CFR 122.44(k)(2) and (3).
The national menu of BMPs for each specific MCM can be found at:
https:l/www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater#edu
Public Education and Outreach
Terms and conditions related to this MCM are in accordance with 40 CFR 122.34(b)(1). Below guidance is per 40
CFR 122.34(b)(1)(ii) and are not requirements, but is highly encouraged.
• Storm water educational materials provided by your State, Tribe, EPA, environmental, public interest or trade
organizations, or other MS4s may be used.
• The public education program should inform individuals and households about the steps they can take to reduce
storm water pollution, such as ensuring proper septic system maintenance, ensuring the proper use and disposal
of landscape and garden chemicals including fertilizers and pesticides, protecting and restoring riparian
vegetation, and properly disposing of used motor oil or household hazardous wastes.
• It is recommended that the program inform individuals and groups how to become involved in local stream and
beach restoration activities as well as activities that are coordinated by youth service and conservation corps or
other citizen groups.
• It is recommended that the public education program be tailored, using a mix of locally appropriate strategies, to
target specific audiences and communities. Examples of strategies include:
o Distributing brochures or fact sheets (like those already created by the state or EPA),
o Recreational guides,
o Alternative information sources (web sites, bumper stickers, refrigerator magnets, and posters/place mats),
o Sponsoring speaking engagements before community groups,
o Library of educational material,
o Volunteer citizens/tasks force
o Storm drain stenciling (e.g., "Do Not Dump — Drains to River"),
o Stormwater hotlines for the reporting of polluters
o Economic incentives,
o Tributary signage
o Providing public service announcements,
o Implementing educational programs targeted at school age children, and
o Conducting community -based projects such as storm drain stenciling, and watershed and beach cleanups.
• In addition, EPA recommends that some of the materials or outreach programs be directed toward targeted
groups of commercial, industrial, and institutional entities likely to have significant storm water impacts. For
example, providing information to restaurants on the impact of grease clogging storm drains and to garages on
the impact of oil discharges.
• It is also recommended that the outreach program is tailored to address the viewpoints and concerns of all
communities, particularly minority and disadvantaged communities, as well as any special concerns relating to
children.
Public education and outreach is needed due to the fact that an informed and knowledgeable community is crucial to
the success of a stormwater management program since it helps ensure greater support which allows the public to
gain a greater understanding of the reasons why it is necessary and important. Public support is particularly
beneficial when operators of small MS4s attempt to institute new funding initiatives for the program or seek
volunteers to help implement the program.
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Fact Sheet, Page 9
In addition, Measurable Goals are required in this operating permit, which are intended to gauge permit compliance
and program effectiveness. Successful and obtainable measureable goals reflect the needs and characteristics of the
operator and the area served by its small MS4, and are chosen using an integrated approach that fully addresses the
requirements and intent of the program. Examples of measureable goals are as follows:
• BMP — Stormwater Public Education for radio or television.
▪ Measurable Goal — Increase the number of dog owners who pick up after their pets.
• Achievement/Progress Determination: Conduct a survey at the beginning, during, and at the end of the
permit term to gauge any change.
Public Participation/Involvement
This MCM is required in accordance with 40 CFR 122.34(b)(2). Below guidance is per 40 CFR 122.34(b)(2)(ii) and
is not a requirement, but is highly encouraged.
• It is recommended that the public be included in developing, implementing, and reviewing your storm water
management program and that the public participation process should make efforts to reach out and engage all
economic and ethnic groups.
• Opportunities for members of the public to participate in program development and implementation include:
o Serving as citizen representatives on a local storm water management panel,
o Attending public hearings,
o Working as citizen volunteers to educate other individuals about the program,
o Assisting in program coordination with other pre-existing programs, or
o Participating in volunteer monitoring efforts. (Citizens should obtain approval where necessary for lawful
access to monitoring sites.)
Public can provide valuable input and assistance to regulated small MS4s; therefore, it is encouraged that the public
be given opportunities to play an active role in both the development and implementation of the program. An active
and involved community is crucial to the success of a stormwater management program because it allows for broader
public support, which means citizens who participate in the development and decision making process are partially
responsible for the program may be less likely to raise legal challenges and more likely to take an active role. An
active public can also result in shorter implementation times due to fewer obstacles in the form of public and legal
challenges and increase sources in the form of citizen volunteers.
Example BMPs for this program can include, but are not limited to the below:
• Public meetings/citizen panels: allow citizens to discuss various viewpoints and provide input concerning
appropriate stormwater management policies and BMPs.
• Volunteer water quality monitoring: gives citizens first-hand knowledge of the quality of local water bodies and
provides a cost-effective means to collecting water quality data.
• Volunteer educators/speakers: can conduct workshops encourage public participation, and staff special events.
• Storm -drain stenciling: important and simple activity that can be conducted by citizens (especially students).
• Community clean-ups: can be conducted along local waterways, beaches, and around storm drains.
• Citizen watch groups: can aid local enforcement authorities in the identification of polluters.
• "Adopt a Storm Drain" program: encourages individuals or groups to keep storm drains free of debris and to
monitor what is entering local waterways through the storm drains.
Measurable goals for this program can include, but are not limited to the below:
• BMP — Volunteer water quality monitoring.
• Measurable Goal — Increase the number of citizen/groups conducting water quality monitoring.
• Achievement/Progress Determination: Determine number of citizens/groups conducting water quality monitoring
at the beginning, during, and at the end of the permit term. Determine if there has been an increase along with
any relevant data to be used.
Illicit Discharge Detection and Elimination (IDDE)
This MCM is required in accordance with 40 CFR 122.34(b)(3). Below guidance is per 40 CFR 122.34(b)(3)(iv) and
is not a requirement, but is highly encouraged.
• It is recommended that the plan to detect and address illicit discharges include the following four components:
o Procedures for locating priority areas likely to have illicit discharges;
o Procedures for tracing the source of an illicit discharge;
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Fact Sheet, Page 10
o Procedures for removing the source of the discharge; and
o Procedures for program evaluation and assessment.
• It is recommended that the plan contain:
o Visually screening outfalls during dry weather and
o Conducting field tests of selected pollutants as part of the procedures for locating priority areas.
• Illicit discharge education actions may include storm drain stenciling,
• A program to promote, publicize, and facilitate public reporting of illicit connections or discharges, and
• Distribution of outreach materials.
Discharges from MS4s often include waste and wastewater from non-stormwater sources. A study conducted in 1987
in Sacramento, California, found that almost one-half of the water discharged from a local MS4 was not directly
attributable to precipitation runoff. A significant portion of these dry weather flows were from illicit and/or
inappropriate discharges and connections to the MS4.
Illicit discharges enter the system through either direct connections (e.g., wastewater piping either mistakenly or
deliberately connected to the storm drain) or indirect connections (e.g., infiltration into the MS4 from cracked
sanitary systems, spills collected by drain outlets, or paint or used oil dumped directly into a drain). The result is
untreated discharges that contribute high level pollutants, including heavy metals, toxics, oil and grease, solvents,
nutrients, viruses, and bacteria to receiving waterbodies. Pollutant levels from these illicit discharges have been
shown in EPA studies to be high enough to significantly degrade receiving water quality and threaten aquatic,
wildlife, and human life.
The Illicit Discharge Detection and Elimination (IDDE) plan is dependent upon several factors, including the
permittee's available resources, size of staff, and degree and character of illicit discharges. As guidance only, the
four steps of a recommended plan are outlined below:
Locate Problem Areas — It is recommended that the priority areas be identified for detailed screening of the system
based on the likelihood of illicit connections (e.g., areas with older sanitary sewer lines) Methods that can locate
problem areas include:
• Visual Screening,
• Water sampling from manholes and outfalls during dry weather,
• The use of infrared and thermal photography,
• Cross -training field staff to detect illicit discharges, and
• Public complaints.
Find the Source — Once a problem area or discharge is found, additional efforts usually are necessary to determine
the source of the problem. Methods that can find the source of the illicit discharge include:
• Dye -testing buildings in problem areas,
• Dye- or smoke -testing buildings at the time of sale,
• Tracing the discharge upstream in the storm sewer,
• Employing a certification program that shows that buildings have been checked from illicit connections,
• Implementing an inspection program of existing septic systems, and
• Using video to inspect the storm sewer.
Remove/Correct Illicit Connections — Once the source is identified, the offending discharger should be notified and
directed to correct the problem. Education efforts in resolving the problem should occur before taking legal action;
however, the MS4 needs to have the ability to enforce the IDDE plan.
Document Actions Taken — As a final step, all actions taken under the IDDE plan should be documented. This
illustrates that progress is being made to eliminate illicit connections and discharges. Documented action should be
included in reports as required by your operating permit and may include:
• Number of outfalls screened,
• Any complaints received and corrected,
• Number of discharges and quantities of flow eliminated, and the number of dye- or smoke -test conducted.
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Measurable goals can include, but are not limited to the below example:
• BMP -- 24 Hour Hotline
• Measurable Goal — Respond within 24 hours or less upon receipt of a citizen complaint.
• Achievement/Progress Determination: May require the development of a compliant tracking system to log
times calls were received and time response was implemented.
Construction Site Runoff Control
This MCM is required in accordance with 40 CFR 122.34(b)(4). Below guidance is per 40 CFR 122.34(b)(4)(iii) and
is not a requirement, but is highly recommended.
• Examples of sanctions to ensure compliance may include non -monetary penalties, fines, bonding requirements
and/or permit denials for non-compliance.
• It is recommended that procedures for site plan review include the review of individual pre -construction site
plans to ensure consistency with local sediment and erosion control requirements.
• Procedures for site inspections and enforcement of control measures could include steps to identify priority sites
for inspection and enforcement based on the nature of the construction activity, topography, and the
characteristics of soils and receiving water quality.
• It is encouraged that the MS4 provide appropriate educational and training measures for construction site
operators.
• MS4s may wish to require a storm water pollution prevention plan for construction sites within your jurisdiction
that discharge into your system.
o See § 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local
erosion and sediment control programs into NPDES permits for storm water discharges from construction
sites).
o Also see § 122.35(b) (The NPDES permitting authority may recognize that another government entity,
including the permitting authority, may be responsible for implementing one or more of the minimum
measures on your behalf.)
Polluted stormwater runoff from construction sites often flows to MS4 and ultimately is discharged into local
waterbodies. Of the pollutants that have the potential to be discharged, sediment is usually the main point of concern.
According to the 2000 National Water Quality Inventory, States and Tribes report that sediment is one of the most
widespread pollutants affecting assessed rivers and streams, second only to pathogens (bacteria). Sources of
sediment include agriculture, urban runoff, construction and forestry. However, sediment runoff raters from
construction sites are typically 10 to 20 times greater than those of agricultural lands and 1,000 to 2,000 times greater
than those from forest lands.
During a short time period, construction sites can contribute more sediment to streams than can be deposited naturally
during several decades. The resulting siltation and contribution of other pollutants from construction sites can cause
physical, chemical, and biological harm to Missouri's waters.
Some BMPs for the construction program include:
Regulatory Mechanism — Through the development of ordinances or other regulatory mechanism, the small MS4
operator will need to establish a construction program that controls polluted runoff from construction sites with a land
disturbance of greater than or equal to one acre. Because there may be limitations on regulatory authority, the small
MS4 operator is required to satisfy this minimum control measure only to the MEP and allowable State, Tribal, or
local law.
Site Plan Review — The small MS4 will need to include in its construction program requirements for the
implementation of appropriate BMPs on construction sites to control erosion and sediment and other waste at the site.
To determine if a construction site is in compliance with such provisions, the MS4 operator can review the site plans
submitted by the construction site before ground is broken.
Site plan reviews can aid in compliance and enforcement efforts since it alerts the small MS4 operator early in the
process to the planned use or non-use of proper BMPs and provides a way to track new construction activities. The
tracking of sites is useful not only for the MS4 operator recordkeeping and reporting purpose, which are required
under this permit, but also for members of the public interested in ensuring that sites are in compliance.
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Inspections and Penalties — Once construction commences, BMPS should be in place and the MS4 operator
enforcement activities should begin. To ensure that the BMPs are properly installed, the MS4 operator is required to
develop procedures for site inspection and enforcement of control measures to deter infractions. Procedures conduce
include steps to identify priority sites for inspection and enforcement based on the nature and extent of the
construction activity, topography, and the characteristics of soli and receiving water quality. Inspections give MS4s
an opportunity to provide additional guidance and education, issue warnings, or assess penalties.
Information Submitted by the Public — A final consideration, but is highly recommended, is that the MS4 is
developed to contain procedures for the receipt and considerations of public inquiries, concerns, and information
submitted regarding local construction activities. This provision is intended to further reinforce the public
participation component of the regulated MS4 and recognize the crucial role that public can play in identifying
instances of non-compliance.
MS4s are required to only consider the information submitted, and may not need to follow-up and respond to every
complaint or concern. Although some form of enforcement action or reply is not required, MS4s is required to
demonstrate acknowledgement and consideration of the information submitted.
Measurable goals for this program can include, but are riot limited to the below:
• BMP — Direct or indirect education of construction site operators and contractors about proper selection,
installation, inspection, and maintenance of BMPs.
• Measureabie Goal — 80% will have attended erosion/sediment control training for all projects that occurred in the
MS4's jurisdiction during the permit term.
• Achievement/Progress Determination: This goal could be tracked by documenting attendance at local, State, or
Federal training programs. Attendance can be encouraged by decreasing permitting fees for those contractors
who have been trained and provide proof of attendance when applying for permits.
Post -Construction Runoff Control
This MCM is required in accordance with 40 CFR 122.34(b)(5). Below guidance is per 40 CFR 122.34(b)(5)(iii) and
is not a requirement, but is highly encouraged.
• If water quality impacts are considered from the beginning stages of a project, new development and potentially
redevelopment provide more opportunities for water quality protection.
• It is recommended that the BMPs chosen:
o Be appropriate for the local community,
o Minimize water quality impacts, and
o Attempt to maintain pre -development runoff conditions (i.e., reasonably mimic).
• In choosing appropriate BMPs, it is encouraged that the MS4 participate in locally -based watershed planning
efforts which attempt to involve a diverse group of stakeholders including interested citizens.
• When developing a program that is consistent with this measure's intent, it is recommended that the MS4 adopt a
planning process that:
o Identifies the municipality's program goals (e.g., minimize water quality impacts resulting from post -
construction runoff from new development and redevelopment),
o Implementation strategies (e.g., adopt a combination of structural and/or non-structural BMPs),
o Operation and maintenance policies and procedures, and
o Enforcement procedures.
• The development of this program should consider assessing existing ordinances, policies, programs and studies
that address storm water runoff quality.
• In addition to assessing these existing documents and programs, you should provide opportunities to the public to
participate in the development of the program.
• Non-structural BMPs are preventative actions that involve management and source controls such as:
o Policies and ordinances that provide requirements and standards to direct growth to identified areas,
o Protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a
dedicated funding source for open space acquisition),
o Provide buffers along sensitive water bodies,
o Minimize impervious surfaces, and minimize disturbance of soils and vegetation;
o Policies or ordinances that encourage infill development in higher density urban areas, and areas with
existing infrastructure;
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o Education programs for developers and the public about project designs that minimize water quality impacts,
and
o Measures such as minimization of percent impervious area after development and minimization of directly
connected impervious areas.
• Structural BMPs include:
o Storage practices such as wet ponds and extended -detention outlet structures,
o Filtration practices such as grassed swales, sand filters and filter strips, and
o Infiltration practices such as infiltration basins and infiltration trenches.
• It is recommended that the MS4 ensure the appropriate implementation of the structural BMPs by considering
some or all of the following:
o Pre -construction review of BMP designs;
o Inspections during construction to verify BMPs are built as designed;
o Post -construction inspection and maintenance of BMPs; and
o Penalty provisions for the noncompliance with design, construction or operation and maintenance.
• Storm water technologies are constantly being improved, and EPA recommends that your requirements be
responsive to these changes, developments or improvements in control technologies.
Post -construction stormwater management in areas undergoing new development or redevelopment is necessary
because runoff from these areas has been shown to significantly affect receiving waterbodies. Many studies indicate
that prior planning and design for minimization of pollutants in post -construction stormwater discharges is the most
cost-effective approach to stormwater quality management.
The Phase II rule applies to redevelopment projects that alter the footprint of an existing site or building in such a
way that there is a disturbance of equal to or greater than one acre of land. Redevelopment projects do not include
such activities as exterior remodeling. Guidelines and BMPs (both non-structural and structural) for the development
and implementation of this program include, but are not limited to the below:
Planning Procedures — runoff problems can be addressed efficiently with sound planning procedures. Local master
plans, comprehensive plans, and zoning ordinances can promote improved water quality in many ways, such as
guiding the growth of a community way from sensitive areas to areas that can support it without compromising water
quality.
Site -Based BMPs — these BMPs can include buffer strips and riparian zones preservation, minimization of
disturbance and imperviousness , and maximization of open spaces.
Stormwater Retention/Detention BMPs — control stormwater by gathering runoff in wet ponds, dry basins, or
multi -chamber catch basins and slowly release it to receiving water bodies or drainage systems. The practices can be
designed to both control stormwater volume and settle out particulates for pollutant removal.
Infiltration BMPs — are designed to facilitate the percolation of runoff through the soil to ground water resulting in
the reduction of stormwater quantity, which reduces the mobilization of pollutants. Examples are:
▪ Basins/trenches,
• Dry wells, and
• Porous pavement.
Vegetative BMPs — are landscaping features that, with optimal design and good soil conditions, remove pollutants,
and facilitate percolation of runoff resulting in the maintenance of natural site hydrology, promoting healthier habits,
and increase aesthetic appeal. Examples are:
• Grassy swales,
• Filter strips,
• Artificial wetlands, and
• Rain gardens.
Measurable goals for this program can include, but are not limited to the below:
• BMP — Reduce/Replace road surface areas directly connected to storm sewer systems (using traditional curb and
gutter infrastructure) with stormwater conveyance approaches such as grassy swales and similar.
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• Measureable Goal — Reduce/Replace new development by 20% and re -development by 10% during the permit
term.
• Achievement/Progress Determination: Ensure that 20% of new projects and 10% of re -development projects use
alternative stormwater conveyance systems vs. traditional curb and gutter approach. This can be tracked by
linear feet of curb and gutter not installed in projects that would have historically used them.
Pollution Prevention/Good Housekeeping
This MCM is required in accordance with 40 CFR 122.34(b)(6). Below guidance is per 40 CRFR 122.34(b)(6)(ii)
and is not a requirement, but is highly encouraged.
• EPA recommends that, at a minimum, you consider the following in developing your program:
o Maintenance activities and schedules, and long-term inspection procedures for structural and non-structural
storm water controls to reduce floatables and other pollutants discharged from your separate storm sewers;
o Controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal
parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand
storage locations and snow disposal areas operated by you, and waste transfer stations;
o Procedures for properly disposing of waste removed from the separate storm sewers and areas listed above
(such as dredge spoil, accumulated sediments, floatables, and other debris); and
o Ways to ensure that new flood management projects assess the impacts on water quality and examine
existing projects for incorporating additional water quality protection devices or practices.
• Operation and maintenance should be an integral component of all storm water management programs.
• This measure is intended to improve the efficiency of these programs and require new programs as needed.
• Properly developed and implemented operation and maintenance programs reduce the risk of water quality
problems.
This program for municipal operations is a key element of the small MS4 stormwater management program. This
measure requires the small MS4 operating to examine and subsequently alter their own actions to help ensure a
reduction in the amount and type of pollution that:
• Collects on the street, parking lots, open spaces, and storage and vehicle maintenance areas and is discharged
into local waterways; and
• Result from actions such as environmentally damaging land development and flood management practices or
poor maintenance of storm sewer system.
While this plan is meant primarily to improve or protect receiving water quality by altering municipal or facility
operations, it also can result in a cost savings for the MS4, since proper and timely maintenance of storm sewer
systems can help avoid repair costs from damage caused by age and neglect.
Some guidelines and BMPs for this plan include:
Maintenance activities, maintenance schedules, and long-term inspection procedures — for structural and non-
structural controls to reduce floatables and other pollutants discharge from the storm sewers.
Controls for reducing or eliminating the discharge of pollutants — from areas such as roads and parking Lots,
maintenance and storage yards (including salt/sand and snow disposal areas), and waste transfer stations. These
controls could include programs that promote recycling (to reduce Iitter), minimize pesticide use, and ensure the
proper disposal of animal waste.
Procedures for the proper disposal of waste — removed from separate storm sewer systems and areas listed in the
Controls for reducing or eliminating the discharge of pollutants, including dredge spoil, accumulated sediments,
floatables, and other debris.
Ways to ensure that new flood management projects assess the impacts on water quality — and examine existing
projects for incorporation of additional water quality protection devices or practices. it is encouraged coordination
with flood control managers for the purpose of identifying and addressing environmental impacts from such projects.
Measurable goals for this program can include, but are not limited to the below:
• BMP —Incorporate the use of road salt alternatives for highway deicing and reduce the use of traditional road
salt.
• Measureable Goal — Reduce road salt usage by 50% in permit term.
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• Achievement/Progress Determination: Use alternative deicing for roads and highways leading to the reduction of
traditional road salt by 50% by the end of the permit term.
PESTICIDE RULE:
The department has developed a Pesticide General Permit #MOG-870000 for point source discharges resulting from
the application of pesticides. This permit has been developed as a result of federal requirements under NPDES.
The general permit authorizes the discharge of pesticides that leave a residue in water when such applications are
made into, over or near waters of the United States. The department has determined that entities most likely affected
by this permit include public health entities, including mosquito or other vector control districts and commercial
applicators that service this sector. Others potentially affected by this permit include resource and land management
entities such as public and private entities managing public land, park areas and university campuses, as well as
utilities maintaining easements and right-of-ways, golf courses and other large residential developments which
maintain a large grounds area. In addition, permits may be required for applications involving pesticide use for
agricultural related activities when pesticides are applied to crops grown in or near a water of the United States.
The department is collaborating closely with the Missouri Department of Agriculture, which already administers the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) along with the Missouri Pesticide Use Act.
The permittee/facility is subject to the pesticide rule. To determine if a permit is required, see general permit IMOG-
870000 located at http://dnr.mo, gov/env/wpp/permits/wpcpermits-general.htm. The thresholds listed in Table 1
of the pesticide general permit will assist in determining if a permit is required. If a permit is required, the
permittee/facility shall apply for either the Pesticide General Permit or a site -specific pesticide permit from the
department.
STORMWATER MANAGEMENT PROGRAM AND PLAN (SWMP):
The SWMP is a documented implementation plan describing a schedule of MS4 program activities including
prohibitions of practices, implementation of required practices, development of standards for urban growth,
maintenance procedures, education, trainings, inspections and other management practices to prevent or reduce the
pollution of waters of the state.
This permit in accordance with 10 CSR 20-6.200 and 40 CFR Part 122 requires the permittee to develop and
implement a SWMP. The SWMP shall address the six minimum control measures - public education and outreach,
public involvement/participation process, illicit discharge detection and elimination, construction site stormwater
runoff control, post -construction stormwater management and pollution prevention/good housekeeping for municipal
operations. In addition, the SWMP addresses TMDL implementation plan components. The SWMP also includes,
but is not limited to, BMPs, pertinent local regulations, policies, procedures, interim milestones, measurable goals,
measures of success, responsible persons/positions for each of the measurable goals, and any applicable TMDL
assumptions and requirements.
SWMP ORDINANCES:
To the extent allowable under state or local law, ordinances (or other regulatory mechanisms if a non-traditional
MS4) are required to be developed, implemented and enforced within five years of initial permit issuance under the
following sections, in accordance with 40 CFR 122.34(b):
I . Illicit discharge detection and elimination — to prohibit non-stormwater discharges into the storm sewer system,
and implement appropriate enforcement procedures and actions;
2. Construction site stormwater runoff control — to require erosion and sediment controls at construction sites, as
well as sanctions designed to ensure compliance; and
3. Post -construction — to address post -construction runoff from new development and redevelopment projects, and
sanctions designed to ensure compliance. The "Missouri Guide to Green Infrastructure: Integrating Water
Quality into Municipal Storniwater Management" (May 2012) was written specifically to aid MS4s in
developing and implementing the post -construction runoff program. The guide can be viewed at
http://www.dnr.mo.gov/env/wpp/stormwater/mo-gi-guide.htm
EPA and the department and certain MS4s have developed compliant model ordinances that may be adapted for use
by other interested MS4s.
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SWMP REPORTING FREQUENCY:
Previous versions of this operating permit required annual reporting of the SWMP; however, the annual reporting will
now only be required for new MS4 permittees in accordance with 40 CFR 122.34(g)(3) and MS4 pennittees subject
to TMDLs (water quality schedules over one calendar year require annual reporting). For MS4 permittees that have
obtained MS4 permits (either site -specific or general permits) prior to this version of the Small Phase II MS4 general
permit, they will be required to submit the MS4 SWMP report biennial (2nd and 4th year of the operating permit) in
accordance with the same federal regulation 40 CFR 122.34(g)(3).
In addition, the MS4 SWMP Report Form 780-1846 has been revised. Please note that this operating permit does not
require the Qualitative Monitoring Program anymore; however, the report form still list this. The Qualitative
Monitoring Program portion of the report form will be removed after the public notice of this operating permit.
The MS4 SWMP Report is attached to this factsheet under Addendum 1. Additionally, as noted in the operating
permit, MS4s may adopt their own report form. However, it must be approved by the Department prior to being
utilized.
WATER QUALITY STANDARDS
As noted previously, the nature of the MS4 program is technology -based, which is in accordance with Section
§402(p)(3)(B)(iii) of the CWA with the establishment of the technology -based standard MEP. Many in the MS4
community believe that MEP is the only standard applicable for compliance determination, which for the most part
(specifically for the six (6) minimum control measures, is correct). Given the litigious nature surrounding the
"agreeability" of MS4 compliance with WQS, MS4 permits have been the subject of court cases for several years.
40 CFR 122.34(a)(1) clearly requires that the MS4 permit will require the MS4 permittee to, "... develop, implement,
and enforce a storm water management program designed to reduce the discharge of pollutants from your MS4 to the
maximum extent practicable (MEP), to protect water quality, and satisfy the appropriate water quality requirements
of the Clean Water Act." While this regulation seems to be in contradiction to Section §402(p)(3)(B)(iii) of the CWA
due to the fact that it appears to require the permittee to "...protect water quality" and "satisfy the appropriate water
quality requirements..." it actually is not; however, has been mistakenly applied to require strict, immediate
compliance with WQS even in previously issued Missouri MS4 Master General Permits.
As noted in 64 FR No. 235, "The Court, did, however, disagree with the EPA's interpretation of the relationship
between CWA .sections 301 and 402(p). The Court reasoned that MS4s are not compelled by section 301 (b)(1) (C) to
meet all State water quality standards, but rather the Administrator or the State may rely on section 402(p)(3)(B)(iii)
to require such controls." The discussion continues with, "...the 1996 Policy describes how permits would
implement an iterative process using BMPs, assessment, and refocused BMPs leading toward attainment of water
quality standards. The ultimate goal of the iteration would be for water bodies to support their designated uses..."
and "EPA also believes the iterative approach toward attainment of water quality standards represents a reasonable
interpretation of CWA section 402(p)(3)(B)(iii)."
A break -down of 40 CFR 122.34(a) is given in 64 FR No. 235, as follows, "The first component, reduction to the
MEP, would be realized through implementation of the six minimum measures. The second component, to protect
water quality, reflects the overall design objective for municipal programs based on CWA section 402(p)(6). The
third component, to implement other applicable water quality requirements of the CWA, recognizes the Agency's
specific determination under the CWA section 402(p)(3)(B)(iii) of the need to achieve reasonable further progress
toward the attainment of water quality standards according to the iterative BMP process, as well as the
determination that State or EPA officials who establish TMDLs could allocate waste loads to MS4s, as they would
other point sources."
303(d) LIST, TOTAL MAXIMUM DAILY LOAD (TMDL)
Section 303(d) of the CWA requires that each state identify waters that are not meeting water quality standards.
Water quality standards protect such beneficial uses of water as whole body contact (such as swimming), maintaining
fish and other aquatic life, and providing drinking water for people, livestock and wildlife. The 303(d) List helps
state and federal agencies keep track of waters that are impaired but not addressed by typical water pollution control
programs. Federal regulations require permitting authorities to develop TMDLs to address impaired waters listed per
Section 303(d) of the CWA. A TMDL is a calculation of the maximum amount of a given pollutant that a body of
water can absorb before its water quality is impaired. Please visit the Department's website to determine if you are
listed in an approved or established TMDL at: http://dnr.mo.gov/env/wpp/tmdl/ind.ex.html.
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Federal regulation 40 CFR 122.34(a) establishes the requirements applicable to all MS4s with, "Your NPDES MS4
permit will require at a minimum that you develop, implement, and enforce a storm water management program
designed to reduce the discharge of pollutants from your MS4 to the maximum extent practicable (MEP), to protect
water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act." EPA translated this
regulation into three parts in 64 FR No. 235, as follows, "The first component, reductions to the MEP, would be
realized through implementation of the six minimum measures. The second component, to protect water quality,
reflects the overall design objective for municipal programs based on CWA section 402(p)(6). The third component,
to implement other applicable water quality requirements of the CWA, recognizes the Agency's specific
determination under CWA section 402(p)(3)(B)(iii) of the need to achieve reasonable further progress toward
attainment of water quality standards according to the iterative BMP process, as well as the determination that State
or EPA officials who establish TMDLs could allocate waste loads to MS4s, as they would to other point sources."
The above citation of 64 FR No. 235 clearly states that MEP is specific to the six (6) MCMs and clearly establishes
that Wasteload Allocations (WLAs) are applicable to MS4s. However, unlike other traditional point sources that
utilize treatment facilities, the EPA clearly indicated that attainment of the WLA is to be conducted via "the iterative
BMP process." Thus, requiring any condition for the attainment of water quality standards in addition to the MCMs
is going beyond MEP but the process for attainment of the WLA is still achieved with BMPs using the iterative
process of establishing BMPs, evaluating the BMPs, and refocusing on BMPs.
However, just because a WLA for any given pollutants) of concern (POC) has been established in a TMDL for a
MS4, additional BMPs or modifications to BMPs for the six MCMs should not be required as a trigger action.
Rather, the MS4 permittee subject to an effective and approved TMDL should first make a determination if the
implementation of their MCMs is adequately meeting the requirements and assumptions of the TMDL. As noted in
64 FR No. 235, "At this time, EPA determines that water quality -based controls, implemented through the iterative
process today are appropriate for the control of such pollutants and will result in reasonable further progress
towards the attainment of water quality standards." While potentially rare this does indicate that no further action
may be necessary to implement the requirements and assumptions of the TMDL as the MS4 community may, through
successful implementation to the MEP for each of the MCMs, have already demonstrated "reasonable further
progress." This, rightfully so, places the burden of support on the MS4 community; however, in order for the MS4
community to continue operating only under the six MCMs, the determination of beneficial use re -attainment must be
reviewed and timely approved by applicable program staff (i.e., the MS4 program coordinator and Watershed
Protection Section staff).
If the requirements and assumptions of the TMDL are not being met, then the MS4 will need to, at a minimum,
develop BMPs that target the given POC with the goal or design for the reduction of the pollutant. Due to the nature
of stormwater controls via the iterative process, subsequent determinations can and should be made by the MS4
community to determine if "reasonable further progress" has resulted in the attainment of the WLA.
In addition to the initial determination or additional BMPs as required in the MS4 general permit, integrated planning
actions may be considered as actions taken to specifically restore a waterbody's beneficial uses. Regardless, if the
MS4 permittee uses integrated planning or BMPs design to reduce pollutants, other factors need to be considered in
accordance with 64 FR No. 235, which states, "If the permitting authority (rather than the regulated small MS4
operator) needs to impose additional or more specific measures to protect water quality, then that action will most
likely be the result of an assessment based on a TMDL or equivalent analysis that determines sources and allocations
of pollutants) of concern. EPA believes that the small MS4 's additional requirements, if any, should be guided by its
equitable share based on a variety of considerations, such as cost effectiveness, proportionate contribution of
pollutants, and ability to reasonably achieve Wasteload reductions. Narrative effluent limitations in the form of
BMPs may still be the best means of achieving those reductions."
In addition to the above, the TMDL portion of the permit (Part 3) requires the development and implementation of a
TMDL Assumption and Requirement Attainment Plan (ARAP). While the TMDL ARAP is not a Schedule of
Compliance actions and schedules established in the TMDL ARAP will be subjected to the federal regulations on
Schedules of Compliance [40 CFR 122.47]. Specifically if the development and implementation of the TMDL
ARAP is to be conducted in a period of time extending one calendar year, then the permittee will be required to
report annually for either the status of the development of the plan or for the implementation of the plan based on 40
CFR 122.47(a)(3)(ii).
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Regarding the time period allowed for development of the TMDL ARAP (i.e., as soon as practicable not exceeding
30 months), the Department has determined the 30 month time period is appropriate as it allows the permittee the
necessary time and flexibility that is needed to ultimately achieve attainment with the TMDLs assumptions and
requirements. The Department has experience in the facilitation of an adaptive management plan, along with EPA
Region 7, with a MS4 community that addressed the assumption and requirements of an applicable TMDL. The time
period to develop the adaptive management plan took more than 30 months, but the assumptions and requirements of
the TMDL were more complex than other straight forward TMDLs. Thus, the 30 month maximum time period
allows the permittee to determine or develop appropriate BMPs, measurable goals, funding sources, local votes,
strategic planning, opportunity to engage interested parties and stakeholders, etc... However, it would be naive to
believe that all regulated MS4s could develop a plan in 30 months, which is why the permit also indicates that the
permittee can request an extension to the 30 months.
Permittees seeking approval of the extension will need to provide appropriate justification of why the extension is
needed, a revised time schedule of compliance, and reason for failing to meet the 30 month maximum time; however,
the allowance of extending the time period beyond 30 months is not guaranteed.
Part IV - Administrative Requirements & Public Notice of Small MS4's SWMPs
COST ANALYSIS FOR COMPLIANCE (CAFCOM):
Pursuant to Section 644.145, RSMo, when issuing permits (under this chapter) that incorporate a new requirement for
discharges from publicly owned combined or separate sanitary or storm sewer systems or publicly owned treatment
works, or when enforcing provisions of this chapter or the Federal Water Pollution Control Act, 33 U.S.C. 1251 et
seq., pertaining to any portion of a publicly owned combined or separate sanitary or storm sewer system or [publicly
owned] treatment works, the department shall make a cost analysis for compliance upon which to base such permits
and decisions to the extent allowable under this chapter and the Federal Water Pollution Control Act. Where permit
modifications, permit renewals, or sewer extensions do not impose new requirements and/or do not require rate
increases, the cost analysis for compliance may receive a less detailed review. Permits that do not include new
requirements may be deemed affordable.
Existing Permittees — New Requirements:
The results of the CAFCOM below were drafted during in accordance with the previous draft permit (i.e.,
3rd round). This operating permit does not require the same level of sampling or parameters to be sampled.
Thus, if the below was determined affordable under the previous draft operating permit, then it is
affordable under this draft operating permit.
DEFINITIONS
All definitions contained in 10 CSR 20-6.200 shall apply to this permit and are incorporated herein by reference. For
convenience, simplified explanations of some regulatory/statutory definitions have been provided, but in the event of
a conflict, the definition found in the regulation takes precedence.
Control Measure as used in this permit refers to any Best Management Practice or other method used to prevent or
reduce the discharge of pollutants to waters of the state.
Director refers to the Director of staff, Water Protection Program, Missouri Department of Natural Resources.
Discharge when used without a qualifier, refers to "discharge of a pollutant" as defined at
40 CFR 122.2.
Illicit Connection means any man-made conveyance connecting an illicit discharge directly to a municipal separate
storm sewer.
Illicit Discharge refers to any discharge to a municipal separate storm sewer that is not entirely composed of
stormwater, except discharges authorized under an NPDES permit (other than the NPDES permit for discharges from
the MS4) and discharges resulting from emergency fire -fighting activities.
Load Allocation is similar to Wasteload allocation, except refers to nonpoint source pollutants; whereas, Wasteload
allocation pertains to point source pollutants. Per EPA, load allocation refers to the portion of the loading capacity
attributed to (1) the existing or future nonpoint sources of pollution, and (2) natural background sources. Wherever
possible, nonpoint source loads and natural loads should be distinguished.
MOR040000
Fact Sheet, Page 19
MS4 is an acronym for "Municipal Separate Storm Sewer System" and is used to refer to a Large, Medium, or Small
MS4 (e.g., "the Joplin Small MS4").
Permittee, as used in this permit refers to the holder of this general permit.
Representative Outfalls: Representative outfalls can be outfalls that discharge to the primary stem of principal
watercourses in separate sub -regional watersheds and are representative of various land uses. Representative outfalls
are listed in the permit as a subset of ALL of the MS4's outfalls.
Site -specific Permit also means individual permit (per EPA's definition) and one that is specific to the permittee's
facility or discharges.
Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.
Storm -water Management Program and Plan (SWMP) refers to a comprehensive documented program and plan to
manage the quality of stormwater discharged from the municipal separate storm sewer system.
Wasteload allocation per 10-CSR-20,010 means the amount of pollutants each [point source] discharger is allowed
by the department to release into a given stream after the department has determined the total amount of pollutants
that may be discharged into that stream without endangering its water quality. Point sources are typically permitted.
PUBLIC NOTICE AND COVERAGE FOR AN INDIVIDUAL ENTITY:
Per 10 CSR 20-6.020(1)(B) &(C), public notification of the issuance of this master general permit was required;
however, public notification of issuance to individual applicants under this permit is not required. A public meeting
was held March 5, 2013, at the Lewis & Clark State Office Building from 10 a.m. to 11 a.m. No comments were
received as a result of this public meeting. The draft Master General Permit renewal was placed on Public Notice for
30 days in accordance with 10 CSR 20-6.020(1)(B) & (C). The first public comment period for that public notice
expired on May 6, 2013. Comments were received from the Association of Missouri Cleanwater Agencies, the
Metropolitan St. Louis Sewer District and the University of Missouri. The permit was revised as a result of public
comments and the permit was public noticed for a second 30-day period from November 1 through December 2,
2013.
SUMMARY OF KEY ISSUES ADDRESSED IN RESPONSE TO OCTOBER 31, 2019 PUBLIC NOTICE INPUT:
Several changes were made to the permit in response to public comments during the most recent public notice period,
which started on October 31, 2014. Detailed responses were provided to the commenters. Copies of the comment
response letters may be obtained via an Open Records/Sunshine Law request.
SUMMARY OF KEY ISSUES ADDRESSED IN RESPONSE TO THE APRIL 8, 2016 PUBLIC NOTICE INPUT:
The changes made to this operating permit after the April 8, 2016, public notice are in response to comments received
from EPA on July 6, 2016 (See Appendix A).
PUBLIC NOTICE OF SMALL MS4's SWMPs:
In addition to this actual operating permit, MS4s applying for coverage under this general permit are required to
submit their SWMP as required by this operating permit. The MS4s SWMPs are located at the Department website:
http://dnr.mo.gov/env/wpp/stormwater/swmp.htm. SWMPs are subject to the same public notice and hearings as the
MS4 general operating permit. SWMPs, under this operating permit, are subject to a review and rating. MS4s have
one year from the effective date to submit their updated SWMP, if needed, for a review and rating.
COST ANALYSIS:
The previously public noticed permit established in the Conclusion and Findings that "All regulated MS4s
under this permit will incur added costs for monitoring requirements per Section 5. Only certain
communities will also incur costs for TMDL plan development per Section 3. The department has
determined that costs for monitoring and TMDL plan development are affordable. The monthly household
costs are estimated for all scenarios to range from $0.01 to $2.92 per month for the first 2.5 years and then
$0.01 - $0.65 per year thereafter depending on the community. This considers that the cost for TMDL plan
development is a one-time cost for a period of 30 months and that the cost of plan development may be
shared in some scenarios but not others. This does not consider that some MS4s may need to develop more
than one TMDL plan. Cost analyses can be revisited if the TMDL plan identifies specific implementation
measures beyond current efforts."
MOR040000
Fact Sheet, Page 20
Additionally, the department determined in the previously public notice permit that, "...the cost for
developing a plan to address the TMDL assumptions and requirements (in addition to annual monitoring
requirements) is affordable for affected communities, based on the limitation of this fmding to one-time
plan development, a reasonable 30-month provision plan completion period and much available guidance.
The process to develop a plan is expected to include stakeholder input and to take one staff person an
estimated 12 months full-time to research the needed information, coordinate public meetings, and establish
a work plan and schedule. Dependent upon salary, contributing partnerships, available information and
TMDL assumptions and requirements, the cost of plan development per year might range from $4,000 -
$100,000 per community. These costs in addition to an annual monitoring cost of $3,720 results in an
estimate of total increased user costs shown as a percentage of MHIs that range from 0.02% to 0.03%.
More information is needed to determine a more detailed estimate of plan costs for each affected MS4."
Finally, the previously public notice permit established, "the department has determined the cost for
monitoring per Section 5 of the permit is affordable. This paragraph addresses communities that do not
also have to develop a TMDL plan. The new sampling requirements are affordable for affected
communities, especially for those communities who will be readily able to incorporate these efforts into
existing program operations for sampling, analyses and reporting. Monitoring requirements will more than
likely be covered through general revenue unless otherwise covered by dedicated stormwater funding. ,
monitoring may cost up to $3,720 per year per community, depending on proximity to local laboratory
services. More information is needed to determine a more detailed estimate of monitoring costs for each
affected MS4."
This version of the draft Phase 11 Small regulated MS4 general permit does not place any requirement
beyond that of the previously public noticed permit and is therefore found to be affordable by all regulated
Phase II Small MS4s.
Revised Date of Fact Sheet: July 7, 2016
MICHAEL J. ABBOTT, ENVIRONMENTAL SCIENTIST
MUNICIPAL SEPARATE STORMWATER SEWER SYSTEM (MS4) PROGRAM COORDINATOR
STORMWATER AND CERTIFICATION UNIT
WATER PROTECTION PROGRAM
michael.abbott(aAnr. mo.aov
573-526-1139
MOR040000
Fact Sheet, Page 21
Appendix A — EPA July 6, 2016 Comments
UNITED STATES ENVIRONMMITAL PROTECTION AGENCY
REGION 7
11201 Renner Boufe;iard
Lenexa, Karibrau 66219
4..-1r. John 3.1.1dr..i
Direct:1r, W,LLita- Prot ;.;1.nri ogrictt
%Iq: of -Natural Re:atutcvs
P.O. Box, rfT
tierson City, (LS' 02
Dtar1r Madras:
We have reviewed the dr. propot7e.-1 Scparate Storrotthtc.- Sc..t%v Syhein
(!t''.S.1) t \IOWA-0)00) ttt.,itt was nise..ed cri public retict, May h.. 7.u16, Please find tttu irntt
on the .ttertrit below:
Sion 3 Ifi permittec; is no' :;71reatily iapplii.Lthle Waste 1 oad Al j.atin (WLA)
and a schedule arc:oral:di:ince i need.4, this remilation3 railuire that the WI A he met its -.oeit
as possible." The Insinicticns for the Toiw.1itti2X14:411i Dth and
.Rf AitWinnt:12i Plan (ARAI should mat c.lear that ail plzas, and it r.p ni'itkntir
riths, should he such Cott WI. As 11 hi.: met as si.)ort as po
2. S.A.:;ien 3.1.1 This permit prQuimon requires that the '..094 "...shall impiement pztowarf th
p;rit.a! of atlaitanent to, ith the ,toplicaok WLA „i" The lenguatt.te :,:lioutel he modified to he
corptistent with the ("WA requirement that the MS4 met,. Gehl. eve attainment with applicabie
WLA, not merey LflL1tc‘,•cps Iards that goal
sc.2rian .3.! retiaire that water quality hasel Elm:1. be met "LA snot LA p.,,siszhite.”
Department belltet us tam 31 nris oi planning ;!.. part fn V: process to meet WL,As as "Atari
a.s pt.ts0)1e, then that sliould dot.air;lettd ',lie Fa Stluk:-1 tor the permit.
.iLio .1.32 Alter dis..n.ing this pri.A slur tiricnutmen1 personnel, untie:nit:4nd th
any ths.ippro niece would expi‘di,i what elier4,%6. nerd to he :ria e to a faun and woutti give
C1nCH iv tot tes.chinittal of !`ie. 17,MDI. AR AP flieinclusion of deadline RST re -submittal, appehra
to rieg:Lte the litted for ;.tiot. ision 3.1.3 3:
5 Sc_cdion 3,1,7 It is prt,...itile that "1 N1111:s may not specificAlly ofmte 3 tx! puint
the ii teof the inkc;,..i.'st Jer that 'there art WLA s th:it. apply the source.
We AI e cor,,,er I-1,v the cJrre.ur of OA; proon oughl alivw perroittre ignort:
TVIDI iistieh iftla‘:TMDL did not .peciftcally ;tat ne them ilettse t.i.•tisider a littgu.kge
chatvie that tt, autd elo3e this loopliAe.
Nev.. Dis.Lharg-Its o TMDL-Lirni tecl Waterbudies It :is possahie that newly reited MS4 might
discharge to. watt rbzidy. with IMDL, dce, not allow d WLA th,.; new 4-J.Kzfiage, Ole way
Continue to next page.
MORO40000
Fact Sheet, Page 22
1.0J with this s,H..aation is to :led. al/trA. or, ere for suth an M$4 under thi3 getter...A -pertmt.'bni
require appliceion for so individwil oentrit
7. Section 4.1.2 ihe.provisiot needs to niaeT�fr that the five years .for M unplementath;a
only 474 WA* for MS4,5 thAk hrj-irg regui:ted under this pen-ri..t. fir. the fir.1 time, Cur. re Rtly
reso.t7,40(1.‘154#;:tlhoutd Idv be ii,fly irripl.:mentit% the six minimum control measures
8, Sections 3.1.2_3 The provirziin needs to requirc that if interim raOcl.torEes are rgewc than a yr
apart. !hen progrcA mast be rcportod oti Lr before a year has pii from the lam milestone,
9, Section 4.2.7 referenvzs sections ot the pka,roit that N.4re m aprtr, iout, draft till hot, be
rernoNed,
If you hie aov que!tior.s-or would like additional intrtion. please contaaithi GLan (:art
tR /3) 551-77,25_ or Mark Matti -Jews. at 013) 55 -76.35.
S ince!' r, 1v.
C.
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Glenn CLL.
vizstewater intlasr_ructure
.:',441Vgi:trent Hcanii
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