Most Recent Minnesota Pollution Control Agency General Permit for Stormwater Discharge 4/23/09

GENERAL PERMIT – DRAFT  
AUTHORIZATION TO DISCHARGE STORM WATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY
UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/
STATE DISPOSAL SYSTEM PERMIT PROGRAM

EFFECTIVE DATE:  ------------, 200--    EXPIRATION DATE:  -----------, 200---—


In compliance with the provisions of the federal Clean Water Act (CWA), as amended, (33 U.S.C. 1251 et. seq.; hereafter the Act), 40 CFR 122, 123, and 124, as amended, et. seq.; Minnesota Statutes Chapters 115 and 116, as amended, and Minnesota Rules Chapters 7001 and 7090. 

This permit addresses stormwater discharges associated with industrial activity, as defined in this permit, for facilities that discharge stormwater to waters of the state including regulated Municipal Separate
Storm Sewer Systems (MS4).  This permit also addresses stormwater discharges associated with industrial activity at facilities that provide on-site infiltration of all stormwater discharges associated with the facility for the industrial sectors identified in Part VII of this permit.

Upon approval by the Commissioner, applicants who submit a complete application (including the application fee) in accordance with the requirements of this permit are authorized to discharge stormwater associated with industrial activity, under the terms and conditions of this permit.
 
This permit shall become effective on the effective date identified above, and supersedes the previous general permit MN G611000, with an expiration date of October 31, 2002, issued for these facilities.

Signature:_________________________________________________________________________________
        
Paul Eger                         Issuance Date:_______________________
Commissioner
Minnesota Pollution Control Agency

If you have questions on this permit, including the specific permit requirements, permit reporting or permit compliance status, please contact the appropriate Minnesota Pollution Control Agency offices.

Industrial Stormwater Program
Industrial Division
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN  55155-4194
Telephone (651) 296-6300 or Toll Free in MN 800-657-3864
Fax (651) ------------------
Table of Contents

PART I.    AUTHORIZATION UNDER THIS PERMIT                  4

Eligibility Requirements        4
Limitations on Authorization        5 
Obtaining Authorization        6
Effective Date of Permit Authorization        7
Notification Requirements        7
Transfer of Ownership or Control                7
Termination                7
Issuance of an Individual Permit                8
Conditional Exclusion for No Exposure                8

PART II.    APPLICATION REQUIREMENTS            10

Application Deadlines                10
Responsibilities        10
Record Retention        11

PART III.      STORMWATER CONTROL MEASURES        12

Stormwater Best Management Practices (BMPs)        12
Facility Inspection Requirements        13
Maintenance Requirements        14
Elimination of unauthorized (non-stormwater) Discharges        14
Spill Prevention and Response Procedure        15
Mercury Minimization Plan        15
Employee Training Program    16

PART IV.    STORMWATER POLLUTION PREVENTION PLAN (SWPPP)    17
 
General SWPPP Requirements    17
Specific SWPPP Requirements    17

PART V.    BENCHMARK MONITORING REQUIREMENTS    23

PART VI.    EFFLUENT MONITORING REQUIREMENTS    34

PART VII.    SECTOR SPECIFIC REQUIREMENTS    37

Sector A - Timber Products    37
Sector B - Paper and Allied Products Mfg    41
Sector C - Chemical and Allied Products Mfg    43
Sector D - Asphalt Paving and Roofing Materials and Lubricant Mfg        48
Sector E - Glass, Clay, Cement, Concrete, and Gypsum Products    51
Sector F - Primary Metals    54
Sector G - Metal Mining    58
Sector H - Coal Mines and Coal Mining-Related Facilities    67
Sector I - Oil and Gas Extraction and Refining    71
Sector J - Mineral Mining and Dressing    74
Sector K - Hazardous Waste Treatment, Storage, or Disposal Facilities    80
Sector L - Landfills, Land Application Sites, and Open Dumps    84
Sector M - Automobile Salvage Yards    89
Sector N - Scrap Recycling and Waste Recycling Facilities    93
Sector O - Steam Electric Generating Facilities    100
Sector P - Land Transportation and Warehousing    104
Sector Q - Water Transportation    108
Sector R - Ship and Boat Building and Repair Yards    113
Sector S - Air Transportation    117
Sector T - Treatment Works    122
Sector U - Food and Kindred Products    125
Sector V - Textile Mills, Apparel, and Other Fabric Products    129
Sector W - Furniture and Fixtures    133
Sector X - Printing and Publishing    134
Sector Y - Rubber, Miscellaneous Plastic Products, and Miscellaneous Mfg   
Industries    137
Sector Z - Leather Tanning and Finishing    139
AA.      Sector AA - Fabricated Metal Products    142
AB.      Sector AB - Transportation Equipment, Industrial and Commercial Machinery    146
AC.     Sector AC - Electronic and Electrical Equipment and Components    149
AD.    Sector AD - Stormwater Discharges as Designated by the Commissioner as Requiring Permits    151

PART VIII.     GENERAL PROVISIONS    153

APPENDIX A.    SPECIAL REQUIREMENTS    157

APPENDIX B.     CALCULATING HARDNESS IN RECEIVING WATERS FOR HARDNESS
    DEPENDENT METALS    161

APPENDIX C.    DESIGN AND OPERATIONAL REQUIREMENTS FOR INDUSTRIAL STORMWATER INFILTRATION AND PONDING BMPs    163

APPENDIX D.    SECTORS OF INDUSTRIAL ACTIVITIES AUTHORIZED    173

APPENDIX E.    DEFINITIONS    179 PART I.    AUTHORIZATION UNDER THIS PERMIT

Eligibility Requirements

To be eligible for authorization to discharge industrial stormwater under this permit, the permittee must have an industrial stormwater discharge associated with an industrial activity listed in Appendix D., or be notified by the commissioner the permittee is eligible for authorization under industrial sector AD (stormwater discharges as designated by the commissioner as requiring permits).

Authorized Stormwater Discharges

Stormwater discharges associated with industrial activity as defined in 40 CFR § 122.26(b)(14)(i)-(xi), except (x), and summarized in Appendix D, which includes ten categories of industrial activity required to obtain a permit for industrial stormwater discharges and a list of related SIC codes organized by 29 sectors of industrial activity required to have an NPDES/SDS permit.

Authorized Non-Stormwater Discharges

The following non-stormwater discharges are authorized by this permit provided that appropriate BMPs are utilized to minimize discharges of sediment where necessary.  Sediment control BMP requirements do not apply to emergency fire-fighting activities.

a.      Emergency fire-fighting activities;

b.      Fire hydrant and fire suppression system flushings,

c.      Potable water line flushings;

d.      Uncontaminated air conditioning or compressor condensate;

e.      Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with manufacturer’s instructions;

f.     Pavement wash waters where no detergents are used and no spills or leaks of potential pollutants such as fertilizers, salts, or toxic and hazardous materials have occurred unless all spilled material has been removed;

g.   Routine external building washdown that does not use detergents, solvents or degreasers;

h.      Uncontaminated groundwater or spring water;

i.      Foundation or footing drains where flows are not contaminated;

Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g., “piped” cooling tower blowdown or drains).

Dewatering discharges from facilities operating under Standard Industrial Classification (SIC) codes 1442 and 1446.

Limitations on Authorization 

The following discharges or activities are not authorized by this permit:

Discharges or release of non-stormwater, except those allowable non-stormwater discharges listed in Part I.A.2.  Non-stormwater discharges or activities that are not authorized under this permit include but are not limited to:

non-contact cooling water,

domestic and industrial wastewater and process wastewater

biosolids,

spills of any substance that may cause water pollution as defined in Minn. Stat. 115.01, Subd 13.

placement of fill into waters of the state requiring local, state or federal authorizations (such as U.S. Army Corps of Engineers Section 404 permits, Department of Natural Resources Public Waters Work Permits or Local Governmental Unit Wetland Conservation Act replacement plans or determinations),

commercial equipment/vehicle cleaning.

Piping and drainage systems for process wastewater and floor drains from process areas must be separated from the storm drainage system to prevent any inadvertent discharge of pollutants.  A separate NPDES/SDS permit is required for any discharges of process wastewater.
   
Stormwater discharges mixed with non-stormwater except those allowable non-stormwater discharges listed in Part I.A.2.  Stormwater discharges mixed with wastewater must be permitted in a separate NPDES/SDS permit, unless the combined stormwater and wastewater is discharged to the sanitary sewer system with approval from the local sanitary authority.

Stormwater discharges from any portion of the facility where stormwater discharge is authorized under an individual NPDES/SDS permit or other industry-specific general NPDES/SDS permit.       

Stormwater discharges associated with construction activity as defined in 40 CFR § 122.26(b)(14)(x) and (b)(15).

This permit does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act (Minn. Stat. ch. 116D), or the National Environmental Policy Act (42 U.S.C. §§ 4321 - 4370 f). 

This permit does not replace or satisfy any review requirements for endangered or threatened species, from new or expanded discharges that adversely impact or contribute to adverse impacts on a listed endangered or threatened species, or adversely modify a designated critical habitat.

This permit does not replace or satisfy any review requirements for historic places or archeological sites, from new or expanded discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites. 

Discharges to water(s) listed as impaired when a USEPA approved TMDL applies a categorical Waste Load Allocation or an individual Waste Load Allocation of zero (0) to a facility that discharges a pollutant(s) of impairment or its appropriate surrogate(s), (Table 1), matching a sector specific pollutant listed in Part VII.

Prohibited discharges pursuant to Minn. R. 7050.0180, subp. 3, 4, and 5.

The following discharges or activities are authorized by this permit provided that the Permittee complies with all terms and conditions of this permit, and all terms and conditions of Appendix A.

Significant Discharges regulated under Minn. R. 7050.0185, Nondegradation For All Waters.

Restricted Discharges as defined in Minn. R. 7050.0180 subp. 6, 6a, and 6b.

Discharges to Trout Waters listed in Minn. R. 6264.0050, subp. 2 and 4.

Discharges to Wetlands as defined in Minn. R. 7050.0186, subp 1a.B.

Obtaining Authorization

To obtain authorization for stormwater discharges associated with industrial activities under this permit:
 
The applicant(s) must meet the eligibility requirements under Part I.A.

The applicant(s) must develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of Part IV prior to submitting an application to the Agency.

3.    The applicant(s) must submit a complete permit application, on a form provided by the Commissioner, and certify that a SWPPP has been completed. 
   
Effective Date of Permit Authorization

The Commissioner shall review the permit application for completeness and determine whether to authorize, or deny authorization, to discharge in accordance with Minn. R. 7001.  If an application is determined to be incomplete, the MPCA will notify the applicant.  The MPCA will indicate why the application is incomplete and will request a resubmittal.  The Commissioner may deny authorization under this permit and require the applicant to submit an application for an individual NPDES/SDS permit in accordance with Minn. R. 7001. 

Applicants are authorized to discharge industrial stormwater from their facility under the terms and conditions of this permit as of the issuance date stated on the written or electronic notification of permit authorization sent to the permittee by the agency. 

3.    The Permittee shall post the notification of permit coverage card in an area of the facility that provides highest visibility to employees and visitors.

Notification Requirements

If the Permittee discharges stormwater directly into any regulated Municipal Separate Storm Sewer System (MS4), the Permittee shall notify the operator of the first MS4 that receives this discharge of the existence of this Industrial Stormwater General Permit authorization. 

Transfer of Ownership or Control

Where the ownership or operational control of the facility changes, and a new Owner/Operator assumes responsibility for the facility, a request for permit transfer on the Permit Transfer/Name Change Form signed by the prior Owner/Operator and certified by the new Owner/Operator, must be submitted to the MPCA on or before the effective date of the change.  The new Owner/Operator to whom the permit has been transferred must comply with the terms and conditions of this permit in accordance with Part VIII.O.

Termination

The permittee shall comply with this permit until the permittee completes and submits a Notice of Termination form.  Authorization to discharge industrial stormwater under this permit terminates after the permittee receives either written or electronic notification by the agency that permit coverage has been terminated. 

The Permittee shall submit a Notice of Termination form, signed by the permittee, within 30 days after one or more of the following conditions are met:

Industrial Activity as defined in Appendix E of this permit has ceased and contact of stormwater with Significant Materials has been eliminated. or
   
The Permittee has obtained authorization under an individual NPDES/SDS permit or industry-specific general NPDES/SDS permit for stormwater discharges. 

Issuance of an Individual Permit

1.    The Owner/Operator may request an individual permit to authorize industrial stormwater discharges, in accordance with Minn. R. 7001.0210, subp. 6. 

2.    The MPCA may require an individual permit for the applicant or Permittee, in accordance with Minn. R. 7001.0210, subp. 6.

Conditional Exclusion for No Exposure

A facility that meets the eligibility criteria for this permit in Part I.A. and that becomes eligible for the conditional exclusion for No Exposure may submit to the MPCA a certification (as part of the application packet) in accordance with Minn. R. 7090.3060.  Following receipt by the MPCA of a complete No Exposure certification request that meets the exemption criteria, and beginning upon the effective date on the No Exposure Coverage Card, the facility is not required to comply with this permit.  Submittal of a Notice of Termination to terminate permit authorization is not required when seeking the No Exposure exclusion; however, if the facility operations terminate entirely after obtaining the No Exposure exclusion, a Notice of Termination shall be submitted.  Conditional No Exposure exclusion is available on a facility wide basis in accordance with Minn. R. 7090.3060  subp. 5.B.  No Exposure exclusion is nontransferable, in accordance with Minn. R. 7090.3060 subp.5.D.

Any industrial facility that has previously certified No Exposure shall re-certify for the conditional No Exposure exclusion no later than five years from the effective date of the most recent No Exposure certificate issued to the industrial facility by the agency.

If a change that will result in failure to maintain a condition of No Exposure at a facility is planned, the Owner/Operator of a facility shall apply for and receive permit authorization before commencement of the change. 

Any industrial facility authorized for No Exposure by the MPCA shall post the No Exposure Coverage Card in an area of the facility that provides highest visibility to employees and visitors.

PART II.    APPLICATION REQUIREMENTS

A.      Application Deadlines

An Owner/Operator of a facility that discharges stormwater associated with industrial activity regulated under 40 CFR § 122.26(b)(14) )(i)-(xi), except (x), must apply to obtain authorization under this permit or under another NPDES/SDS individual or general permit.  Prior to application for this permit, a Stormwater Pollution Prevention Plan (SWPPP) that meets the requirements of Part IV must be completed.

1.    Existing Facilities

All existing industrial facilities seeking authorization under this permit (sector groups as outlined in the table below) shall submit an application to the MPCA for authorization to discharge stormwater in accordance with the corresponding schedule.  If a facility falls within more than one group in the table below, the facility shall submit the application by the required date for the earliest group.

Sector Group 1
Within 60 days of permit effective date
Sector Group 2
Within 120 days of permit effective date
Sector Group 3
Within 180 days of permit effective date
Sectors:  A, C, D, E, F, G, I, J, M, N, Q, Y, AA, and L
Sectors:  H, O, P, R, S, Z, AC, and K
Sectors:  T, U, V, W, X, B, and AB

Any industrial facility authorized under this permit that plans to change operations such that different sector requirements will apply, shall reapply for authorization within 60 days prior to commencing the change. 

2.    New Facilities 
 
The Owner/Operator of all new facilities shall apply for and receive permit authorization 180 days before commencement of stormwater discharges associated with industrial activity from the facility.  (Minn. R. 7090.3010)
  
Existing Facilities
If a permit has been issued by the agency and the Permittee holding the permit desires to continue the permitted activity beyond the expiration date of the permit, the Permittee shall submit a written application for permit reissuance at least 180 days before the expiration date of the existing permit. (Minn. R. 7001.0040, subp. 3)
B.    Responsibilities

    The Owner/Operator, as defined in Appendix E, who signs the application is the Permittee(s) and is responsible for compliance with all terms and conditions of this permit. 

Record Retention

The Owner/Operator shall retain copies of the permit application, all data and information used to complete the application, the SWPPP, and any information developed as a requirement of this permit or as requested by the Commissioner, for a period of at least three (3) years.  This period is automatically extended throughout the course of an unresolved enforcement action regarding the facility or as requested by the Commissioner.

The Permittee shall keep all records associated with monitoring for at least three (3) years, including any calculations, original recordings from automatic monitoring devices, and laboratory sheets.  The Permittee shall extend these record retention periods upon request by the MPCA.  In accordance with Minn. R. 7001.0150, subp. 2.C, the records must include the following information:

the date, specific location, and time of monitoring;

the date the analysis was performed;

the analytical techniques or methods used; and

the results of the analysis.

PART III    STORMWATER CONTROL MEASURES

The Permittee shall design and implement the stormwater control measures outlined in Part III, A-H, below.  All control measures shall be designed and implemented such that pollutants in stormwater discharges are reduced and/or eliminated, and such that compliance with the Part V (benchmark monitoring requirements) is maximized.

Stormwater Best Management Practices (BMPs)

The Permittee shall develop, implement, and maintain stormwater BMPs appropriate for the facility.  These BMPs shall be designed to eliminate or reduce contact or exposure of pollutants to stormwater or remove pollutants from stormwater prior to discharge from the facility.   

The SWPPP shall include the following types of BMPs, unless the Permittee documents in the SWPPP that such BMPs are not applicable to the facility stormwater discharge.  The SWPPP shall include the type and objective of each BMP used, and a description of how each BMP is evaluated to determine proper function.

Good Housekeeping.  Exposed areas that may contribute pollutants to stormwater shall be kept sufficiently clean to reduce or eliminate contaminated stormwater runoff.  Typical problem areas include, but are not limited to, trash containers, storage areas, loading docks and vehicle fueling and maintenance areas.

Eliminating and Reducing Exposure.  The Permittee shall, to the extent prudent and feasible, locate industrial activities and significant materials in areas not exposed to rain, snow, snowmelt or runoff.  Materials management practices shall be evaluated to determine if and how inventories of exposed materials can be reduced or eliminated.
 
Salt Storage.  The Permittee shall enclose or cover storage piles of salt or piles containing salt used for deicing or other commercial or industrial purposes to prevent exposure to precipitation.  Exposure resulting from the adding or removal of material shall be controlled through appropriate measures (e.g. good housekeeping, diversions, containment).  Salt storage piles do not need to be enclosed or covered where stormwater from the pile is not discharged, or discharges from the piles are authorized and controlled under another NPDES/SDS permit. 

Erosion Prevention and Sediment Control.  The Permittee shall identify areas at the facility that, due to topography, land disturbance (e.g., construction, grading, landscaping), or other factors, have potential for soil erosion; and implement structural, vegetative, and/or stabilization BMPs to prevent or control on-site erosion and reduce sediment loads in stormwater discharges. 

Management of Runoff.  The SWPPP shall describe all permanent stormwater BMPs implemented at the facility to manage runoff ; specifically, the permanent structural BMPs used to divert stormwater runoff away from fueling, manufacturing, treatment, storage, and disposal areas; and BMPs that treat, infiltrate, reuse, contain, or otherwise reduce pollutants in stormwater discharges.

Facility Inspection Requirements

Unless Part III.B.2, applies, the Permittee shall develop and implement an inspection schedule that includes a minimum of one (1) facility inspection per calendar month that the facility is active and staffed.  A minimum of one (1) inspection per calendar year shall be conducted during a runoff event.

If a facility is unstaffed and inactive for more than 10 months of a calendar year, the permittee may limit inspections to once every 6 months, and is not required to conduct an inspection during a runoff event resulting in stormwater discharge from the facility.  However, the Permittee shall include documentation in the SWPPP that explains BMP implementation that assures adequate protection of all waters that receive stormwater discharges from the facility.

All facility inspections shall include the following;

An evaluation of the facility to determine that the SWPPP accurately reflects site conditions as described in Part IV.B, 1-5.  At a minimum, the permittee shall inspect storage tank areas, waste disposal areas, raw material and by-product storage areas, maintenance areas, and loading/unloading areas.

An evaluation of the facility to determine whether new exposed industrial materials or activities have been added to the site since completion of the SWPPP.

During an inspection conducted during a runoff event, an evaluation of the stormwater runoff to determine if it is discolored or other contaminants (e.g. oil and grease) are visible in the runoff.

An evaluation of all structural and non-structural BMPs to determine effectiveness and proper function.

All inspections shall be documented and the following information shall be stored with the SWPPP;

inspection date and time, and weather conditions,

inspector name,

inspection findings,

a description of any necessary corrective actions and a schedule for corrective action completion.

Maintenance Requirements

BMP Maintenance

The Permittee shall maintain all stormwater BMPs identified in the SWPPP, and implemented at the facility, to ensure BMP effectiveness.

The permittee shall develop a schedule for preventive maintenance of all stormwater BMPs.  The schedule shall be stored with the SWPPP.

If the Permittee identifies BMPs that are not functioning properly, the Permittee shall replace, maintain or repair the BMPs within seven (7) calendar days of discovery.  If BMP replacement, maintenance or repair cannot be completed within seven calendar days, the Permittee shall implement effective backup BMPs (temporary or permanent), until effectiveness of the original BMPs can be restored.  The Permitttee shall document the justification for an extended replacement, maintenance, or repair schedule of the failed BMPs, and store it with the SWPPP.

The permittee shall record dates of all maintenance and repairs.  The permittee shall store these records with the SWPPP.

Equipment Preventive Maintenance

The permittee shall develop and implement a preventive maintenance program to be stored with the SWPPP.  The program shall require regular inspection, maintenance, and repair of industrial equipment and systems to identify conditions that could cause breakdowns or failures that may result in leaks, spills, and other releases (e.g. hydraulic leaks, torn bag-house filters, etc), and the discharge of pollutants to stormwater.  The program may incorporate by reference a separate Operation and Maintenance Manual (or equivalent), as long as it addresses the items required above for the preventive maintenance program.

Elimination of Unauthorized (Non-Stormwater) Discharges

The permittee shall document that the presence of all non-stormwater discharges have been evaluated and that all unauthorized discharges have been eliminated.  Documentation of the evaluation shall be included with the SWPPP.  The documentation shall include:

The date of any evaluation;

A description of the evaluation criteria used;

A list of discharge locations or Benchmark Monitoring Locations that were directly observed during the evaluation;

The different types of non-stormwater discharge(s) and source locations; and

The action(s) taken, such as a list of control measures used to eliminate unauthorized discharge(s), if any were identified. 

Spill Prevention and Response Procedure
 
The Permittee shall develop and implement a spill prevention and response procedure.  If the industrial facility already has a separate plan (e.g. Prevention and Response Plan as required by MN Stat. 115E, or Spill Prevention Control and Countermeasure Plan as required by Federal Law), that plan can be incorporated by reference into the SWPPP.  In either case, a minimum of the following components shall be included with the SWPPP, or in a separate document. 

areas where the storage, transfer, or use of solid or liquid significant materials occurs, where spills and leaks of the material may potentially contribute pollutants to stormwater discharges. 

specific facility stormwater discharge locations and surface waters that may be affected by spills or leaks from each area identified, should a spill or leak occur.

the permittee shall document reportable spills or leaks of toxic or hazardous pollutants that occur in exposed areas, or that drain to a facility stormwater discharge location.

spill prevention and containment methods that identify BMPs for material handling procedures, storage requirements, and cleanup equipment/materials and procedures.  All methods and procedures must be made available to appropriate facility personnel.

contact information for individuals, and emergency and regulatory agencies that must be notified in the event of a spill.  When a spill or discharge of a potentially polluting material occurs, the Permittee shall immediately notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 (toll free) or (651)649-5451 (metro area) per Minnesota Statute Section 115.061.   

Mercury Minimization Plan

The Permittee shall evaluate their industrial facility to determine if any sources containing mercury are exposed to stormwater. 

Any time mercury sources or devices are found to be exposed to stormwater, a Mercury Minimization Plan shall be developed that describes how any mercury sources will be managed at the site to eliminate exposure to precipitation and stormwater runoff. To the extent feasible, mercury sources and devices shall be removed from stormwater exposure and managed in accordance with Minnesota Hazardous Waste Rules, ch. 7045 and any additional applicable state and federal rules. 

Employee Training Program 

The Permittee shall develop and implement a training program for its employees.  Training shall cover the components and goals of the SWPPP and include spill response procedures, good housekeeping, material management practices, stormwater discharge monitoring procedures required in Part V. and BMP operation and maintenance.  The program shall include a training schedule, that at a minimum, includes training annually.  A record of the trainer and trainer’s organization, and the names of trained individual(s) and dates that the individual(s) received training must be maintained, either in the SWPPP or in a separate record stored with the SWPPP.  Training shall be commensurate with the job function of the employee.  At a minimum, the following individuals shall be trained;
   
employee(s) overseeing implementation of, revising and amending the SWPPP;

employee(s) performing installation, inspection, maintenance and repair of BMPs;

employee(s) who work in areas of industrial activity subject to this permit; and

employee(s) who conduct stormwater discharge monitoring required by Part V.

PART IV    STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

General SWPPP Requirements

A SWPPP shall be developed, implemented, and maintained for each facility authorized by this permit. 

A SWPPP shall be completed prior to submitting any permit application for authorization to discharge stormwater from an industrial facility.

Permittees authorized under the previous version of this permit shall modify their existing SWPPP, as necessary, to comply with the requirements of this permit. 

The SWPPP shall identify the individual/s responsible for managing, implementing, maintaining, modifying, and ensuring compliance with the facility’s SWPPP. 

Any sector specific SWPPP requirements outlined in Part VII, shall be in addition to all SWPPP requirements in Part IV. 

The SWPPP shall list all personnel who are appropriately trained to conduct facility inspections. 

Records of all inspections required by Part III.B.4, shall be maintained with the SWPPP.

All information pertaining to maintenance, as required by Part III.C, shall be kept with the SWPPP.

All documentation pertaining to the Elimination of Unauthorized Non-Stormwater Discharges, as required by Part III.D, shall be included with the SWPPP.

The SWPPP shall contain, or the Permittee shall keep as a separate document, the Spill Prevention and Response Procedure as required by Part III.E.

The SWPPP shall contain a Mercury Minimization Plan if the Permittee has discovered Mercury sources as a result of compliance with Part III.F.

All information regarding the Employee Training Program as required by Part III.G, shall be included with the SWPPP, or kept as a separate document.

Specific SWPPP Requirements

The SWPPP shall be used by the Permittee to document all Best Management Practices (BMPs) used to comply with each Stormwater Control Measure required by Part III.A.  Best Management Practices shall be designed and implemented to address the potential pollutant sources identified by the permittee in Parts IV.B.5.  The documentation shall include the following information regarding each BMP;

The location and type of each BMP installed and implemented, and

A detailed description of how the performance of each BMP will be measured,

If the facility discharges stormwater to waters listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), and the impaired water has an EPA-approved TMDL, the Permittee shall include the following with the SWPPP.

Any implementation activities required by the TMDL for industrial stormwater discharges specific to the industrial facility, and

Any control measures and BMPs required by the TMDL for industrial stormwater discharges specific to the industrial facility

Any compliance schedule included in the EPA-approved TMDL for industrial stormwater discharges specific to the facility.

Facility Description.   The SWPPP shall include:

A narrative describing the industrial activities conducted at the facility.

The total size of the facility property in acres.

A calculation of the total facility acreage that potentially discharges stormwater that comes into contact with Industrial Activities and/or Significant Materials, from new or existing facilities since January 1, 1988.  The calculation does not include acreage not having the potential to discharge industrial stormwater (e.g. natural and landscaped areas, parking lots, and office buildings, etc).

Facility Map(s):

The facility map(s) shall be of 1:24,000 scale or larger (e.g. United States Geological Survey map or equivalent), must show the location of the facility in relation to surface waters (including the name, if known) receiving industrial stormwater discharges.  The map shall also depict the following;

Location of all impervious surfaces within the industrial facility property boundaries  

Directions of stormwater flow indicated by arrows.

Location of all structural BMPs.

Location of all impaired waters within one mile of any facility discharge location, that receives stormwater discharges from industrial activities and/or significant materials.  The permittee shall include the name of the impaired water, the pollutant(s) of impairment, or its appropriate surrogate(s), and if the impaired water has an USEPA-approved TMDL, the pollutants the TMDL addresses.

Location of all storm sewer inlets.

Location of all loading dock drains, including those that connect to a storm sewer,

Location of each benchmark monitoring location.  Each benchmark monitoring location shall be assigned a unique identifying number (i.e. 01, 02, 03, etc) that will be used when submitting monitoring data as required by Part V.B.5.  Each benchmark monitoring location that has a discharge location from which the discharge flows to, and is within one mile of an impaired water, shall be clearly labeled.

Location of each effluent monitoring location that will be monitored (if applicable)

Location of all industrial activities and significant materials identified in Part IV.B.5.

Locations and descriptions of any non-stormwater discharges as authorized in Part I.A.2.

Facility Assessment of industrial activities and significant materials
   
List of Industrial Activities. 

The SWPPP shall include a current list of all industrial activities that are potential sources of pollutants and must include, if applicable, the following activities;

Fueling

Vehicle and equipment maintenance

Loading and unloading of dry bulk materials or liquids

Liquid storage tanks

Outdoor manufacturing and processing

Outdoor storage of significant materials

Access roads, rail cars, and tracks

Waste treatment, storage, or disposal including waste ponds, dumpsters, and solid waste storage or management

Dust or particulate generating processes including dust collection devices

Rooftops contaminated by pollution control devices.

Inventory of Significant Materials and Associated Pollutants. 

The SWPPP shall include a current inventory of significant materials handled or stored at the industrial facility that may potentially contact stormwater.  The inventory shall also include pollutants associated with each significant material identified.

SWPPP Modification Requirements

The Permittee shall review the SWPPP at least annually and modify the SWPPP as necessary, if:

there is construction or a change in design, operation, or maintenance at the facility as a result of a benchmark monitoring exceedance(s),

the permittee has identified a facility stormwater discharge location from which the discharge flows to, and is within one mile of, a water listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), 

An EPA-approved TMDL has been developed that applies to a water listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), and the TMDL is applicable to the facility discharge.

a routine inspection, compliance evaluation, or visual inspection identifies deficiencies in the SWPPP and/or BMPs.

additional control measures are necessary to meet applicable water quality standards.

If at any time there is an unauthorized discharge from the facility.

If the SWPPP modification is based on a release or unauthorized discharge, include a description and date of the release; the circumstances leading to the release and actions taken in response to the release; and measures to prevent the recurrence of such releases.  Unauthorized releases and discharges are subject to the reporting requirements in Part IV.B.8.
 
SWPPP Availability Requirements

The Permittee shall retain a copy of the current SWPPP on-site or within reasonable access to the facility.

The Permittee shall make electronic or paper copies of the SWPPP, including all certificates, monitoring data, reports, records, or other information required by this permit, available to any federal, state, and local officials, with authority to enforce this NPDES/SDS permit, within 72 hours upon request.

SWPPP Reporting Requirements and Submittals

Annual Report 
  
For each year of permit authorization, the Permittee shall submit an annual report to the MPCA by March 31st.  The first annual report shall cover the time period since the facility received authorization under the permit to December 31st of the reporting year.  Subsequent annual reports shall cover the entire calendar year since the previous reporting period.  The Annual Report shall include, at a minimum, the following information;

A summary of inspection dates, findings and any BMP maintenance conducted by the permittee during the course of the reporting year, and

A confirmation that the SWPPP accurately reflects facility conditions, and

A confirmation that newly exposed significant materials (if any) have been identified and that the SWPPP has been modified to address them, and

A confirmation that the permittee has conducted a review of Section 303(d) Listed Waters with or without a USEPA approved Total Maximum Daily Load (TMDL) and that the SWPPP has been modified to comply with Part V of the permit, if changes have occurred since the previous annual report, and

A description of any SWPPP modifications made by the permittee during the reporting year, including any information supporting the use of a monitoring waiver outlined in Part V.6.

A list of all reportable spills and leaks that occurred at the facility during the reporting year.

Submitting Reports

The Annual Report and other submittals required by this permit, except for Part V. monitoring reports, shall be submitted to:

Industrial Stormwater Program
Industrial Division
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN  55155-4194

PART V      BENCHMARK MONITORING REQUIREMENTS

An exceedance of an applicable benchmark value does not constitute a violation under this permit.  However, the permittee is required to under take any (or all) necessary corrective action(s) to address stormwater control measures, including the maintenance or implementation of BMPs, when an exceedance of an applicable benchmark value occurs.  Failure to appropriately respond to benchmark value exceedances is a violation of the permit. 

All permittees that have a discharge location from which a discharge flows to waters listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)) and for which a US EPA-approved TMDL has been finalized, shall comply with any monitoring requirements identified for industrial stormwater discharges in the TMDL.
If the TMDL does not specify monitoring requirements applicable to the permittees industrial stormwater discharges, and the permittee has previously complied with Part V.B and does not exceed benchmark values specified in the permittee’s sector(s) requirements, the permittee is not required to conduct further monitoring for the pollutant(s) of impairment, or its appropriate surrogate(s), as listed in the TMDL.

Unless exempted by Part V.B.7, the Permittee shall monitor for all benchmark parameters specified for the industrial sector(s) as outlined in Part VII.  Monitoring for all benchmark parameters shall be conducted according to the procedures of parts V.B.1, and shall begin 12 months after the date the Permittee is authorized by the Agency to discharge industrial stormwater.

Table 1

Pollutant of Impairment
Surrogate


Biota (Fish)
Total Suspended Solids (TSS)
Biota (Macroinvertabrates)
Total Suspended Solids (TSS)
Biota (Plant)
Total Suspended Solids (TSS)
Dissolved Oxygen (DO)
Carbonaceous Biochemical Oxygen Demand (CBOD)5
and/or
Chemical Oxygen Demand (COD)
Nutrient Eutrophication Biological Indicators
Total Phosphorus as P
Turbidity
Total Suspended Solids (TSS)

Required Monitoring Procedures And Sample Collection Methods

Four (4) samples shall be collected and analyzed for all required benchmark parameters specified for the Permittee’s industrial sector(s) in order to determine an average concentration for each benchmark parameter for facility discharges.  The 4 samples shall be collected on 4 separate events (one per 3 month interval) during the year. 

At the Permitee’s discretion, more than 4 samples may be taken during separate runoff events and used to determine the average benchmark parameter concentration for facility discharges.  The benchmark parameters are listed for the Permittee’s industrial sector(s) in the tables described in the sector specific sections of Part VII.  

For averaging purposes, the Permittee shall use a value of zero for any individual sample parameter, which is determined to be less than the method detection limit.  For sample values that fall between the method detection level and the quantitation limit (i.e. a confirmed detection, but below the level that can be reliably quantified), the Permittee shall use a value halfway between zero and the quantitation limit.

Sampling intervals correspond to 3 month periods beginning 12 months after the date the facility is authorized by the Agency to discharge industrial stormwater.  Samples shall be collected in each of the 4 intervals of a sampling year, and shall be collected during a measurable runoff event within a sampling interval to the extent feasible.  For every interval the Permittee is required to conduct sampling (even if measurable runoff is not sufficient to obtain a sample), a stormwater monitoring report shall be submitted to the agency in accordance with Part V.B.5. 

In the absence of a measurable runoff event during a sampling interval due to weather conditions and/or site soil characteristics, the permittee shall collect a substitute sample during the next sampling interval.  This may result in the permittee collecting more than one sample during an interval.  In this case, samples may be taken at any time during an interval, except that sampling events shall be at least 72 hours apart.

If the permittee is unable to obtain a minimum of four samples throughout a sampling year, less than 4 samples may be used to determine the average benchmark parameter concentration(s) for the discharges during the year.  However, for each interval that samples cannot be obtained, the permittee shall certify, by completing the appropriate sections of a Stormwater Monitoring Report, and submit it to the Agency as prescribed by Part V.B.5.

If the permittee us unable to obtain at least one sample during second year monitoring as required by Part V.B.2, the Permittee shall conduct fourth year monitoring as required by Part V.B.3.

If more than four samples are taken during a sampling year, all samples taken shall be reported and used to determine the average benchmark parameter concentration of facility discharges during the year, and the data shall be included in the Stormwater Monitoring Report submitted to the MPCA.
 
Samples shall be collected from a measurable runoff event (precipitation or snow melt), provided that the interval since the preceding measurable runoff event is at least 72 hours. 

Samples shall be collected within the first 30 minutes of a measurable runoff event.  If it is not possible to collect the sample within the first 30 minutes, the sample shall be collected as soon as practicable after the first 30 minutes and documentation must be included with the stormwater monitoring report that explains why it was not possible to collect samples within the first 30 minutes.

Samples shall either be taken manually by grab method, or automated sampling.  If automatic sampling is used, the device shall either collect one sample during the first 30 minutes of discharge or a series of samples collected throughout the discharge period, combined as a composite sample. 

Second Year Monitoring

Unless the Permittee meets the waiver conditions of Part V.B.7, the Permittee shall begin monitoring benchmark parameters specified for the permittee’s industrial sector(s) using the procedures outlined in Part V.B.1.  The second year monitoring period shall begin no later than twelve (12) months after the Permittee’s authorization to discharge stormwater under this permit.  The Permittee shall collect samples from each stormwater benchmark monitoring location(s) identified by the Permittee in the SWPPP.   

Once the second year samples for each benchmark monitoring location(s) have been collected and analyzed, the Permittee shall compare the average of the second year monitoring results with the applicable benchmark value(s) and refer to the following outcomes to determine what further action may be required.

Benchmark Values Are Not Exceeded

If the average concentration of any benchmark value does not exceed the benchmark value specified in Part VII at the completion of the second year monitoring, subsequent monitoring for those pollutants is not required, unless either 1), and/or 2) below applies;

During subsequent years of permit authorization, a new water is listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), and the industrial facility has a discharge location from which the discharge flows to, and is within one mile of, the impaired water.  In this case, the permittee shall;

complete additional monitoring for the benchmark parameter(s) for which the recently listed water is impaired.  This only applies if the pollutant(s) of impairment or its appropriate surrogate(s), (Table 1), is among the list of benchmark parameters specified for the permittee’s industrial sector(s), and

by the April 1st following the listing of the impaired water, begin the additional monitoring for the pollutant(s) of impairment or its appropriate surrogate(s), using the procedures outlined in V.B.1, and

at the completion of monitoring, follow V.B.2.a or V.B.2.b.2), which ever applies.

Part V.A is applicable as a result of a US EPA-approved TMDL

Benchmark Values Are Exceeded

If the average concentration of any benchmark parameter exceeds the benchmark value specified in Part VII at the completion of the second year monitoring, and the industrial facility does not have a discharge location from which a discharge flows to, and is within one mile of, a water listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), or a water listed in Appendix A, Parts C, D or E, the permittee shall;

modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during fourth year monitoring.  The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions.  Modifications and upgrades of the SWPPP and BMPs shall be completed and implemented no later than 36 months after after the Permittees authorization to discharge stormwater under this permit, and

comply with the monitoring requirements of Part V.B.3 (Fourth Year Monitoring).

If the average concentration of any benchmark parameter exceeds the benchmark value specified in Part VII at the completion of the second year monitoring, and the industrial facility does have a discharge location from which a discharge flows to, and is within one mile of, a water listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), or a water listed in Appendix A, Parts C, D or E, the permittee shall;

modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during fourth year monitoring.  The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions. Modifications and upgrades of the SWPPP shall be completed no later than 30 days past the discovery of the exceedance, and 

implement necessary non-structural BMPs, no later than 60 days after discovery of the exceedance, and 

implement structural BMPs no later than 180 days after discovery of the exceedance, and 

comply with the monitoring requirements of Part V.B.3 (Fourth year monitoring)

Fourth Year Monitoring (if applicable)

If sampling conducted in accordance with second year monitoring as required in part V.B.2, resulted in a benchmark value exceedance, the Permittee shall conduct fourth year monitoring, unless the Permittee meets the waiver conditions of Part V.B.7.

The fourth year monitoring period shall begin no later than thirty six (36) months after the Permittee’s authorization to discharge stormwater under this permit.  Fourth year monitoring shall be conducted using the procedures outlined in Part V.B.1, and may be limited to only the benchmark parameter(s) for which benchmark value(s) were exceeded during the second year monitoring.

Once the fourth year samples for each benchmark monitoring location(s) have been collected and analyzed, the Permittee shall compare the monitoring results with the applicable benchmark value and refer to the following outcomes to determine what further action may be required.

Benchmark Values Are Not Exceeded

If the average concentration of any benchmark parameter does not exceed the benchmark value specified in Part VII at the completion of the fourth year monitoring, subsequent monitoring for those pollutants is not required, unless either 1), and/or 2) below applies;

During subsequent years of permit authorization, the Agency lists a new water as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), and the industrial facility has a discharge location from which the discharge flows to, and is within one mile of, the impaired water.  In this case, the permittee shall;

complete additional monitoring for the benchmark parameter(s) for which the recently listed water is impaired.  This only applies if the pollutant(s) of impairment or its appropriate surrogate(s), (Table 1), is among the list of benchmark parameters specified for the permittee’s industrial sector(s), and

by the April 1st following the listing of the impaired water, begin the additional monitoring for the pollutant(s) of impairment or its appropriate surrogate(s), using the procedures outlined in V.B.1, and

at the completion of monitoring, follow V.B.3.a or V.B.3.b, which ever applies.

Part V.A is applicable as a result of a US EPA-approved TMDL

Benchmark Values Are Exceeded

If the average concentration of any benchmark parameter exceeds a benchmark value specified in Part VII at the completion of the fourth year monitoring, the Permittee shall;

modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during fifth year monitoring.  The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions. Modifications and upgrades of the SWPPP shall be completed no later than 30 days past the discovery of the exceedance, and 

implement necessary non-structural BMPs, no later than 60 days after discovery of the exceedance, and 

implement structural BMPs no later than 180 days after discovery of the exceedance,

submit a Benchmark Exceedance Report to the MPCA which describes the inability to meet the benchmark values.  The report shall describe in detail the technical basis and reasons why the benchmark values cannot be met.  The Benchmark Exceedance Report shall be submitted to the Agency no later than 30 days after the fourth sampling interval of the monitoring year. and

comply with the monitoring requirements of Part V.B.4 (Fifth year monitoring)

Fifth Year Monitoring (if applicable)

If sampling conducted in accordance with fourth year monitoring as required in Part V.B.3, resulted in a benchmark value exceedance, the Permittee shall conduct fifth year monitoring, unless the Permittee meets the waiver conditions of Part V.B.7.

The fifth year monitoring period shall begin no later than forty eight (48) months after the Permittee’s authorization to discharge stormwater under this permit.  Fifth year monitoring shall be conducted using the procedures outlined in Part V.B.1, and may be limited to only the benchmark parameter(s) for which a benchmark value was exceeded during the fourth year monitoring.

Once the fifth year samples for each benchmark monitoring location(s) have been collected and analyzed, the Permittee shall compare the monitoring results with the applicable benchmark value and refer to the following outcomes to determine what further action may be required.

Benchmark Values Are Not Exceeded

If the average concentration of any benchmark parameter does not exceed the benchmark value specified in Part VII at the completion of the fifth year monitoring, subsequent monitoring for those pollutants is not required, unless either 1), and/or 2) below applies;

During subsequent years of permit authorization, the Agency lists a new water as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)), and the industrial facility has a discharge location from which the discharge flows to, and is within one mile of, the impaired water.  In this case, the permittee shall;

complete additional monitoring for the benchmark parameter(s) for which the recently listed water is impaired.  This only applies if the pollutant(s) of impairment or its appropriate surrogate(s), (Table 1), is among the list of benchmark parameters specified for the permittee’s industrial sector(s), and

by the April 1st following the listing of the impaired water, begin the additional monitoring for the pollutant(s) of impairment or its appropriate surrogate(s), using the procedures outlined in V.B.1, and

at the completion of monitoring, follow V.B.4.a or V.B.4.b, which ever applies.

Part V.A is applicable as a result of a US EPA-approved TMDL

Benchmark Values Are Exceeded

If the average concentration of any benchmark parameter(s) exceeds a benchmark value specified in Part VII at the completion of the fifth year monitoring, the Permittee shall;

modify the SWPPP and document all corrective actions, including improvements to BMPs, necessary to meet the applicable benchmark values during subsequent monitoring.  The Permittee shall include any changes in BMPs and the timeframe for implementation of all corrective actions. Modifications and upgrades of the SWPPP shall be completed no later than 30 days past the discovery of the exceedance, and 

implement necessary non-structural BMPs, no later than 60 days after discovery of the exceedance, and 

implement structural BMPs no later than 180 days after discovery of the exceedance,

submit a Benchmark Exceedance Report to the MPCA which describes the inability to meet the benchmark values.  The report shall describe in detail the technical basis and reasons why the benchmark values cannot be met.  The Benchmark Exceedance Report shall be submitted to the Agency no later than 30 days after the fourth sampling interval of the monitoring year.

repeat fifth year benchmark monitoring of the benchmark parameter(s) exceeded during year 5.  The next benchmark monitoring interval shall begin 60 months after the Permittee’s authorization to discharge stormwater under this permit and the permittee shall conduct the repeat benchmark monitoring using the same procedures as outlined in Part V.B.4 (fifth year monitoring).

Benchmark Monitoring Data Reporting

The Permittee shall submit the results of benchmark monitoring required by this permit on a Stormwater Monitoring Report form provided by the MPCA.  The information must be recorded in the specified areas on the form and in the units specified (Minn. R. 7001.1090, subp. 1.D., Minn. R. 7001.0150, subp. 2.B).

The Permittee shall submit the Stormwater Monitoring Report form to the MPCA postmarked by the 21st day of the month following the sampling interval.  Submit the form to the following address:

MPCA
Attn:      Stormwater Monitoring Report
520 Lafayette Road North
St. Paul, Minnesota 55155-4194.

The Permittee shall immediately submit an amended Stormwater Monitoring Report to the MPCA upon discovery by the Permittee or notification by the MPCA that the Permittee has submitted an incomplete or incorrect report.  The amended report shall contain the missing or corrected data along with a cover letter explaining the circumstances of the incomplete or incorrect report. (Minn. R. 7001.0150 subp. 3, item G)

Benchmark Monitoring Waivers

General Benchmark Monitoring Waiver

The Permittee is not required to conduct benchmark monitoring in accordance with part V of this permit, if the permittee documents in the facility SWPPP, and the appropriate sections of a Stormwater Monitoring Report submitted to the agency (a stormwater monitoring report may be submitted at any time for this purpose), that one or more of the following options is being met at the facility or a portion of the facility.

Infiltration BMPs have been designed, constructed and operated in accordance with Appendix C, Part I.D, or

Pond BMPs have been designed, constructed and operated in accordance with Appendix C, Part II.D.

Run-On Demonstration Waiver

In the event that the average concentration of any benchmark parameter(s) sampled over the course of a sampling year shows that an applicable benchmark value has been exceeded for a specific benchmark monitoring location, and the Permittee believes that drainage onto the site from up-gradient sources (run-on) may have significantly contributed to or caused the benchmark value exceedance, the Permittee may obtain a waiver for future monitoring of the applicable parameter(s) by providing a demonstration to show that the run-on caused or significantly contributed to the exceedance. 

The Permittee can request a run-on demonstration waiver by;

sampling and analyzing the run-on with the required facility benchmark monitoring.  If samples are not collected simultaneously, but the average of the run-on samples exceed a benchmark value for the facility discharges during the year, the Permittee must demonstrate that samples taken of the run-on are reasonably representative of the period during which the facility benchmark monitoring occurred.  To qualify for this waiver, the Permittee shall demonstrate that the average of all samples taken of a specific pollutant parameter of the run-on is significantly contributing to, and causing, the pollutant parameter exceedance at the benchmark monitoring location.

including with the SWPPP a Run-on Demonstration narrative that describes the following;

nature of the run-on including a description of the adjacent property, land use type and the activity believed to be responsible for the stormwater contamination, and

the dates, and lab results of the samples taken for comparison purposes of the facility benchmark monitoring locations and the sampling points selected for run-on sampling, and

a statement that the Permittee has assessed and is reasonably assured the run-on flows to, and is directly affecting or related to, the specific benchmark monitoring location for which a benchmark value has been exceeded.

any efforts taken by the Permittee to divert or otherwise minimize run-on to the facility.

any other relevant information that supports the permittees request for this waiver.

completing the appropriate sections of a Stormwater Monitoring Report and submitting it to the agency (a stormwater monitoring report may be submitted at any time for this purpose).

Addressing the use of this waiver in all subsequent annual report submittals to the agency as required by Part IV.B.8.

Natural Background Pollutant Waiver

If during the course of benchmark monitoring, the average concentration of a benchmark parameter exceeds a benchmark value, and the permittee demonstrates to the agency the exceedance of the benchmark value is attributable to the presence of that pollutant in the natural background (pollutants from former site operations or run-on are not natural background), the permittee is not required to perform corrective actions or additional benchmark monitoring of that benchmark parameter provided that;

the permittee demonstrates that the average of all samples taken of a specific benchmark parameter of the natural background is significantly contributing to, and causing, the benchmark value exceedance at the benchmark monitoring location.

The permittee documents and maintains with the SWPPP, the supporting rationale for concluding the benchmark value exceedance(s) are attributable to natural background pollutant levels.  The permittee shall include with the supporting rationale any previously collected data that describes the levels of natural background pollutants in the industrial facility stormwater discharge, and

The permittee submits notification to the agency, by completing the appropriate sections of a Stormwater Monitoring Report (a stormwater monitoring report may be submitted at any time for this purpose), that the benchmark value exceedance(s) are attributable to natural background pollutant levels.  In addition, the permittee shall address the use of this waiver in all subsequent annual report submittals to the agency as required by Part IV.B.8.

PART VI    EFFLUENT MONITORING REQUIREMENTS

Any Permittee that conducts the activities listed in the table below, and that has surface water discharges, shall comply with the effluent limitations prescribed in the sector specific requirements of Part VII.  The Permittee shall identify an effluent monitoring location any place at the facility where industrial activity with an effluent limit occurs.  The Permittee shall montitor each effluent montoring location identified, in accordance with the procedures outlined in Part VI.B. 

Regulated Activity
Effluent Limit
Monitoring
Frequency
Discharges resulting from spray down or intentional
wetting of logs at wet deck storage areas
See Sector A

1/yr
Runoff from phosphate fertilizer manufacturing
facilities that comes into contact with any raw
materials, finished product, by-products or waste
products (SIC 2874)
See Sector C
1/yr
Runoff from asphalt emulsion facilities
See Sector D
1/yr
Runoff from material storage piles at cement
manufacturing facilities
See Sector E
1/yr
Mine dewatering discharges at crushed stone,
construction sand and gravel, or industrial sand
mining facilities
See Sector J
1/yr
Runoff from hazardous waste landfills
See Sector K

1/yr
Runoff from non-hazardous waste landfills
See Sector L
1/yr
Runoff from coal storage piles at steam electric
generating facilities
See Sector O
1/yr

Required Effluent Monitoring Procedures and Sample Collection Methods

One (1) sample shall be collected annually and analyzed for each required effluent limit parameter specified in Part VII.  The sample(s) shall be collected each calendar year the Permittee is authorized to discharge industrial stormwater under this permit. 

Samples shall be collected during any measurable runoff event that allows a sample to be obtained.  The sample(s) shall be collected within the first 30 minutes of the measurable runoff event.  If it is not possible to collect the sample(s) within the first 30 minutes, the sample(s) shall be collected as soon as practicable after the first 30 minutes and documentation must be included with the Discharge Monitoring Report that explains why it was not possible to collect the sample(s) within the first 30 minutes.

Samples shall either be taken manually by grab method, or automated sampling.  If automated sampling is used, the device shall either collect one sample during the first 30 minutes of discharge or a series of samples collected throughout the discharge period, combined as a composite sample.

If the Permittee has determined that an effluent monitoring location and a benchmark monitoring location are at the same location, and the effluent sampling coincides with benchmark sampling, the Permittee may collect one sample to be analyzed for both purposes.

Effluent Limit Exceedances

If sampling by the Permittee indicates a violation of any effluent limitation specified in this permit, the Permittee shall immediately make every effort to verify the violation by collecting additional samples, if appropriate, investigate the cause of the violation, and take action to prevent future violations.  Violations that are determined to pose a threat to human health or a drinking water supply, or represent a significant risk to the environment shall be immediately reported to the Minnesota Department of Public Safety Duty Officer at (800) 422-0798 (toll free) or (651) 649-5451 (metro area).  In addition, the Permittee may also contact the MPCA during business hours.  Otherwise the violations and the results of any additional sampling shall be recorded on the next appropriate DMR or report.

Effluent Monitoring Data Reporting

The effluent monitoring results shall be submitted on a Discharge Monitoring Report (DMR) form provided by the MPCA.  The information must be recorded in the specified areas on the form and in the units specified (Minn. R. 7001.1090, subp. 1.D., Minn. R. 7001.0150, subp. 2.B). 

If during the sampling period, measurable runoff is such that a sample cannot be acquired (due to weather conditions and/or site soil characteristics), the Permittee shall check the "No Flow" box and note the conditions on the Discharge Monitoring Report (DMR).

A Discharge Monitoring Report (DMR) shall be submitted for each required effluent monitoring location even if a discharge did not occur during the sampling period.  (Minn. R. 7001.0150, subps. 2.B and 3.H)

The Permittee shall submit the Discharge Monitoring Report (DMR) form to the MPCA postmarked by the 21st day after the end of the calendar month in which the sample was collected.  Submit the form to the following address:

MPCA
Attn:      Discharge Monitoring Report
520 Lafayette Road North
St. Paul, Minnesota 55155-4194.

The Permittee shall immediately submit an amended Discharge Monitoring Report to the MPCA upon discovery by the Permittee or notification by the MPCA that the Permittee has submitted an incomplete or incorrect report.  The amended report shall contain the missing or corrected data along with a cover letter explaining the circumstances of the incomplete or incorrect report. (Minn. R. 7001.0150 subp. 3, item G)

PART VII.    SECTOR SPECIFIC REQUIREMENTS

Sector A - Timber Products

Authorized Stormwater Discharges

The requirements in Sector A apply to stormwater discharges associated with industrial activity from timber products facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector A.

Permittees under Sector A are primarily engaged in the following types of activities:

log storage or handling areas (wet deck storage areas only authorized if no chemical additives are used in the spray water or applied to the logs)

mills, including merchant, lath, shingle, cooperage stock, planing, plywood, and veneer;

producing lumber and wood basic materials;

wood preserving;

manufacturing finished articles made entirely of wood or related materials except wood kitchen cabinet manufacturers; and

manufacturing wood buildings or mobile homes.

Limitation on Authorization

Discharges not authorized by this permit;

Stormwater discharges from areas where there may be contact with the chemical formulations sprayed to provide surface protection. These discharges must be authorized by a separate NPDES permit.

Sector Specific Definitions (No additional Definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

If the Permittee performs wood surface protection and preservation activities, the Permittee shall inspect processing areas and treated wood storage areas to assess the effectiveness of practices to eliminate the deposit of treatment chemicals on unprotected soils and eliminate all contact with stormwater discharges.  Any discharge from these areas is process wastewater and is not stormwater, requiring that it be covered by another NPDES permit.  Coverage may include off site (e.g. wastewater treatment plant) treatment as appropriate.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures

The Permittee shall provide complete secondary containment, for all significant materials stored indoor and outdoor, (e.g. for arsenic, chromium, zinc, copper, and phenolic solution storage tanks and structures).   Also, the Permittee shall drain containment stormwater for outdoor storage tanks and structures only after inspection demonstrates that no stormwater contact with solutions has occurred.

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the requirements listed in Part III of the permit.

Facility Map (No additional requirements)

Inventory of Exposed Materials

If the Permittee uses chlorophenolic, creosote, or chromium-copper-arsenic formulations for wood surface protection or preserving, the following shall be identified and documented in SWPPP;

areas where contaminated soils, treatment equipment, and stored materials still remain, and

the management practices employed to minimize the contact of these materials with stormwater runoff.

Potential Pollutant Sources (No additional requirements)

Description of Stormwater Controls 

The Permittee shall describe and implement BMPs to address the following sources for pollution potential;

log, lumber, and wood product storage areas;

residue storage areas; and

chemical storage areas.

If the Permittee performs wood surface protection and preservation activities, address the specific BMPs for these activities.  Any discharge from these areas is process wastewater and is not stormwater. This requires that it be covered by another NPDES permit.

Monitoring and Reporting Requirements 

In accordance with the monitoring requirements of Parts V and VI, the permittee shall monitor the applicable parameters, below:

Table A-1

Sector-specific Benchmark Values and Effluent Limitations. 
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector (Discharges may be subject to requirements for more than one sector or subsector)
Parameter
Benchmark Concentration1
Effluent limits 2
General Sawmills and Planing Mills
(SIC 2421)
Chemical oxygen demand (COD)
120 mg/l 5

TSS
100 mg/l5

Total zinc
0.234 mg/l 3

Wood Preserving
(SIC 2491)8
Total arsenic
0.680 4

Total Copper
0.028 mg/l ,6

Total Chromium+3,
3.5 mg/l 3

Total phenols
4.4 mg/l ,7 

TSS
100 mg/l 5

Log Storage and Handling (SIC 2411)
TSS
100 mg/l5

Wet Decking Discharges at Log Storage and Handling Areas (SIC 2411)
pH
6.0-9.0 5
6.0-9.05
TSS
100 mg/l5
No discharge of debris that will not pass through a 2.54cm(1 inch)round opening5
Hardwood Dimension and Flooring Mills: Special Product Sawmills not elsewhere classified; Millwork, veneer, plywood, and Structural Wood; Wood Containers, Wood Buildings and Mobile Homes; Reconstituted Wood Products; and Wood Products not elsewhere classified (SIC 2426, 2429, 2431-2439 (except 2434), 2448, 2449, 2451, 2452, 2493, and 2499)
Chemical Oxygen Demand (COD)
120 mg/l 5

TSS
100 mg/l5

Nailed Wood Boxes and Shook (SIC 2441-2449)
TSS
100 mg/l5

Benchmark concentration applicable to surface water discharge.
EPA technology based effluent limit (Effluent Limit Guidelines)
FAV 2A/2B  Based on a hardness .  See appendix B.
FAV for the great lakes, see appendix B.
Technology based standard EPA, NURP and BPJ
FAV great lakes and total hardness, see appendix B
FAV 2A/2B, pH adjusted, see appendix B

Use of Infiltration for Stormwater Treatment and Disposal

The following Sector A Industrial facilities are authorized to use a designed infiltration system for stormwater management and are not required to comply with Part VII.A.8.b. See appendix C for requirements.

General Sawmills and Planing Mills,

Hardwood Dimension and Flooring Mills,

Special Product Sawmills not elsewhere classified,

Millwork, veneer, plywood, and Structural Wood,

Wood Containers, Wood Buildings and Mobile Homes,

Reconstituted Wood Products,

Wood Products not elsewhere classified and

Wet Decking Discharges at Log Storage and Handling Areas, without chemical additives.

 Sector A Industrial facilities operating under the Standard Industrial Classification (SIC) code of 2491 (wood preserving), are authorized to use a designed infiltration system, implemented prior to the effective date of this permit, for stormwater management provided the Permittee complies with the following requirements:

The Permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration.  However, any permittee required to comply with this part, and that is using a designed infiltration system to manage industrial stormwater, is not authorized to utilize the benchmark monitoring waiver described in Part V.6.a.

If the Permittee has implemented a designed infiltration system prior to the effective date of this permit, the Permittee is authorized to continue using that system.  If the designed infiltration system does not meet the design standards of Appendix C, the Permittee is authorized to upgrade the designed infiltration system on or after the effective date of this permit provided the designed infiltration system is upgraded to the design standards outlined in Appendix C.

On or after the effective date of this permit, the Permittee is not authorized to design, construct or implement new infiltration systems.

Sector B - Paper and Allied Products Manufacturing
   
Authorized Stormwater Discharges

The requirements in Subsection B apply to stormwater discharges associated with industrial activity from paper and allied products manufacturing facilities, and include stormwater runoff from wood storage areas, and other raw and product material storage areas, as identified by the Industrial Activity Codes specified in Appendix D.

Industrial Activities Authorized by Sector B

Permittees under Sector B are primarily engaged in the following types of activities:

Paperboard mills

Pulp Mills

Paper mills

Paperboard containers and boxes

Converted paper and paperboard products , except containers and boxes

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements (No additional requirements)

Monitoring and Reporting Requirements.

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table B-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Pulp Mills; Paper Mills; Paperboard Containers and Boxes; and Converted Paper
and Paperboard Products, except Containers and Boxes (SIC 2611, 2621, 2652-2657,
2671-2679); Paperboard Mills  (SIC Code 2631)
TSS
100 mg/l 2
COD
120 mg/l 2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ

Use of Infiltration for Stormwater Treatment and Disposal

Sector B Industrial facilities authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Pulp Mills; Paper Mills; Paperboard Containers and Boxes; and Converted Paper and Paperboard Products, except Containers and Boxes;

Paperboard Mills 

Sector C - Chemical and Allied Products Manufacturing

Authorized Stormwater Discharges

The requirements in Section C apply to stormwater discharges associated with industrial activity from Chemical and Allied Products Manufacturing facilities, as identified by the Industrial Activity Codes specified in Appendix D.

Industrial Activities Authorized by Sector C

Permittees under Sector C are primarily engaged in the following types of activities:

industrial inorganic chemicals;

plastic materials and synthetic resins, synthetic rubbers, and cellulosic and other human    made fibers, except glass;

soap and other detergents, including facilities producing glycerin from vegetable and   animal fats and oils; specialty cleaning, polishing, and sanitation preparations; surface active preparations used as emulsifiers, wetting agents, and finishing agents, including sulfonated oils; and perfumes, cosmetics, and other toilet preparations;

paints (in paste and ready-mixed form); varnishes; lacquers; enamels and shellac; putties,     wood fillers, and sealers; paint and varnish removers; paint brush cleaners; and allied paint  producers;

industrial organic chemicals;

industrial and household adhesives, glues, caulking compounds, sealants, and linoleum,   tile, and rubber cements from vegetable, animal, or synthetic plastic materials;
explosives; printing ink, including gravure, screen process, and lithographic inks;
miscellaneous chemical preparations such as fatty acids, essential oils, gelatin (except
vegetable), sizes, bluing, laundry soaps, writing and stamp pad ink, industrial compounds
such as boiler and heat insulating compounds, and chemical supplies for foundries;

ink and paints, including china painting enamels, India ink (a type of drawing ink),
platinum paints for burnt wood or leather work, paints for china painting, artist’s paints and water colors; and

nitrogenous and phosphatic basic fertilizers, mixed fertilizers, pesticides, and other
agricultural chemicals.

medicinal chemicals and botanical products; pharmaceutical preparations in virto and in vivo diagnostic substances; biological products, except diagnostic substances

Limitations on Authorization

The following discharges are not authorized by this permit:

non-stormwater discharges containing inks, paints, other hazardous or non-hazardous substances, etc. resulting from an onsite spill, including materials collected in drip pans;

washwater from material handling and processing areas;

washwater from drum, tank, or container rinsing and cleaning;

discharges of runoff from coal yards and coal piles.  The discharge of any coal yard and coal pile runoff is considered a wastewater and shall be regulated by a separate NPDES permit.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures (No additional requirements) 

Stormwater Pollution Prevention Plan (SWPPP) Requirements.

In addition to the following requirements, the Permittee shall also comply with the requirements listed in Part III of the permit.

Facility Map.

The Permittee shall identify where any of the following may be exposed to stormwater: access roads, rail cars, and tracks; areas where substances are transferred in bulk; and operating machinery.

Inventory of Exposed Materials (No additional requirements)
 
Potential Pollutant Sources.

The Permittee shall describe the following sources that have potential pollutants associated with them: outdoor storage of salt, pallets, coal, drums, containers; access roads, rail cars, and tracks; areas where the transfer of substances in bulk occurs; and areas where machinery operates.

Description of Stormwater Controls (No additional requirements)
   
Monitoring and Reporting Requirements 

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters, below:

Table C-1

Sector-specific Benchmark Monitoring Values and Effluent Limitations.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark
Concentration1
Effluent Limitations2
Phosphate Subcategory of the Fertilizer Manufacturing Point Source Category
(40 CFR §418.10) - applies to precipitation runoff that, during manufacturing or
processing, comes into contact with any raw materials, intermediate product, finished product, by-products, or waste product (SIC 2874)

Total phosphorus
1.0 mg/l 5
105 mg/l daily max. 5
35 mg/l monthly ave. 5
Fluoride
none
75 mg/l daily max. 5
25 mg/l monthly ave. 5
TSS
100 mg/l 5
---
Subsector

Agricultural Chemicals (SIC 2873-2879)
Parameter
Benchmark
Concentration1

Total Lead

0.164 mg/l 3
Total Iron

1.0 mg/l5
Total Zinc

0.234 mg/l 3
TSS
100 mg/l5
Phosphorus
1.0 mg/l5
Industrial Inorganic Chemicals
(SIC 2812-2819)

Total aluminum
1.5 mg/l 3
Total iron
1.0 mg/l5
Total Zinc 2
0.234 mg/l 3
TSS
100 mg/l5
Subsector
Parameter
Benchmark
Concentration1
Soaps, Detergents, Cosmetics, and
Perfumes (SIC 2841-2844)

Total Zinc
0.234 mg/l 3
Total TSS
100 mg/l5
Plastics, Synthetics, and Resins (SIC 2821-
2824)

TSS
100 mg/l5
Total Zinc
0.234 mg/l 3
BOD
25 mg/l5
Medicinal Chemicals and Botanical Products; Pharmaceutical Preparations; in
vitro and in vivo Diagnostic Substances, Biological Products (except Diagnostic Substances); Paints, Varnishes, Lacquers,
Enamels, and Allied Products; Industrial Organic Chemicals; Miscellaneous Chemical Products; and Inks and Paints,
including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for
China Painting, Artist’s Paints and Artist’s Watercolors (SIC 2833-2836, 2851, 2861- 2869, 2891-2899, 3952 (limited to list))
TSS
100 mg/l5
Benchmark concentration applicable to surface water discharge.
EPA technology based effluent limit (Effluent Limit Guidelines)
FAV 2A/2B  Based on a hardness .  See appendix B.
FAV for the great lakes, see appendix B.
Technology based standard - BPJ
FAV great lakes and total hardness, see appendix B
FAV 2A/2B, pH adjusted, see appendix B

Use of Infiltration for Stormwater Treatment and Disposal

Sector C Industrial facilities are not authorized to use designed infiltration systems for stormwater management. 

Sector D - Asphalt Paving and Roofing Materials and Lubricant Manufacturing

Authorized Stormwater Discharges
   
The requirements in Subsection D apply to stormwater discharges associated with industrial activity from asphalt paving and roofing materials and lubricant manufacturing facilities as identified by the Industrial Activity Codes specified in Appendix D.

Industrial Activities Authorized by Sector D

Permittees under Sector D are primarily engaged in the following types of activities:

manufacturing asphalt paving mixtures blocks and roofing materials;

portable asphalt plant facilities;

manufacturing lubricating oils and greases and miscellaneous products of petroleum and coal

Limitations on Authorization

The following industrial stormwater discharges associated with industrial activity are not authorized by this permit:

discharges from petroleum refining facilities, including those that manufacture asphalt or asphalt products that are classified as SIC Code 2911;

discharges from oil recycling facilities;

discharges associated with fats and oils rendering.

Sector Specific Definitions (No additional definitions)

Stormwater Control Measures

Employee Training (No additional requirements)

Erosion and Sedimentation Control (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

The Permittee shall inspect the following areas: material storage and handling areas; liquid storage tanks, hoppers, and silos; vehicle and equipment maintenance, cleaning, and fueling areas; and material handling vehicles, equipment, and processing areas. Ensure that appropriate action is taken in response to the inspection by implementing tracking or follow-up procedures.  Document in the SWPPP the inspections and follow up actions.

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements (No additional requirements)

Monitoring and Reporting Requirements.

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters, below:
   
    Table D-1

Sector-specific Benchmark Monitoring Values and Effluent Limitations.
Discharges may be subject to requirements for more than one sector or sub-sector.
 
Subsector
Parameter
Benchmark Monitoring Concentration 1

Effluent Limitation Guideline 2
Permanent Asphalt Paving and Roofing Materials (SIC
2951, 2952) 5,
TSS
100 mg/l5
--
Portable Asphalt Pavement Plants 6
TSS
100 mg/l5
--
Discharges from Areas Where Production of
Asphalt Emulsions
Occur (SIC 2951, 2952)
TSS
100 mg/l 5
23 mg/l daily maximum5

15 mg/l monthly average5
pH
6.0-9.05
6.0-9.05
Oil and Grease
None
15 mg/l daily maximum5

10 mg/l monthly average5
Miscellaneous Products of Petroleum and
Coal (SIC 2992, 2999), oils and greases
TSS
100 mg/l5
--
Benchmark concentration applicable to surface water discharge.
EPA technology based effluent limit (Effluent Limit Guidelines)
FAV 2A/2B  Based on a hardness .  See appendix B.
FAV for the great lakes, see appendix B.
Technology based standard - BPJ
FAV great lakes and total hardness, see appendix B
FAV 2A/2B, pH adjusted, see appendix B

Use of Infiltration for Stormwater Treatment and Disposal

Sector D Industrial facilities not authorized to use designed infiltration for stormwater management: 

Discharges from Areas Where Production of Asphalt Emulsions Occur

Miscellaneous Products of Petroleum and Coal, oils and greases

Sector D Industrial facilities authorized to use designed infiltration for stormwater management. See appendix C for requirements.
   
Permanent Asphalt Paving and Roofing Materials

Portable Asphalt Pavement Plants

Sector E - Glass, Clay, Cement, Concrete, and Gypsum Products

Authorized Stormwater Discharges

The requirements in Section E apply to stormwater discharges associated with industrial activity from glass, clay, cement, concrete, and gypsum products facilities, as identified by the Industrial Activity Codes specified below.

Industrial Activities Authorized by Sector E

Permittees under Sector E are primarily engaged in the following types of activities:

flat glass;

glass containers;

pressed and blown glass;

hydraulic cement;

Structural clay products, including tile and brick;

pottery and related products, including porcelain electric supplies;

concrete, gypsum, and plaster  products;

Glass products made of purchased glass;

cut stone and stone products;

Abrasives, asbestos products; and miscellaneous non metal mineral products, mineral wool and mineral wool insulation products.

Non-clay refractories

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping.

The Permittee shall prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel), kiln dust, fly ash, or settled dust from paved portions of the facility that are exposed to stormwater.  The Permittee shall determine the frequency of sweeping or equivalent by the amount of industrial activity occurring in the area and the frequency of exposure to stormwater, but it shall be performed at least once a week if cement, aggregate, kiln dust, fly ash, or settled dust are being handled or processed. The Permitteeshall also prevent the exposure of fine granular solids (cement, fly ash, kiln dust, etc.) to stormwater.

Inspections

The Permittee shall perform inspections while the facility is in operation. Include in the inspection the following areas: dust collection and containment systems.

Preventative Maintenance

The Permitte shall for facilities producing ready-mix concrete, concrete block, brick, or similar products, include, in the SWPPP description, measures that ensure that process wastewater resulting from washing trucks, mixers, transport buckets, forms, or other equipment are discharged in accordance with a separate applicable NPDES permit.

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify the following locations: bag house or other dust control device; recycle/sedimentation pond, clarifier, or other device used for the treatment of process wastewater; and the areas that drain to the treatment device.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources (No additional requirements)

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters, below:

Table E-1.

Sector-specific Benchmark Monitoring Values and Effluent Limitations.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Effluent Limitation Guidelines2
Clay Products Manufacturers (SIC 3251-3259, 3261-3269)
Total aluminum
1.5 mg/l 3
--
TSS
100 mg/l4
--
Concrete and Gypsum Product Manufacturers (SIC 3271-3275)
TSS
100 mg/l4
--
Total Iron
1.0 mg/l5
--
Cement Manufacturing Facility, Material Storage Runoff 1
TSS
100 mg/l4
50 mg/l daily maximum4
pH
6.0-9.04
6.0-9.04
Flat Glass; Glass and Glassware, Pressed or Blown; Glass Products Made of Purchased Glass; Hydraulic Cement; Cut Stone and Stone Products; and Abrasive, Asbestos Products Manufacturing SIC 3292, and Miscellaneous Nonmetallic Mineral Products (SIC 3211, 3221, 3229, 3231, 3241, 3281, 3291-3299, excluding SIC 3292)
TSS
100 mg/l4
--
Benchmark concentration applicable to surface water discharge.
EPA technology based effluent limit (Effluent Limit Guidelines)
FAV 2A/2B  Based on a hardness .  See appendix B.
Technology based standard EPA, NURP and BPJ

Use of Infiltration Systems for Stormwater Treatment and Disposal

Sector E Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Sector F - Primary Metals

Authorized Stormwater Discharges

The requirements in Section C apply to stormwater discharges associated with industrial activity from Primary metals, including Products and Manufacturing facilities, as identified by the Industrial Activity Codes specified below.

Industrial Activities Authorized by Sector F

The types of activities that permittees under Sector A are primarily engaged in are:

steel works, blast furnaces, and rolling and finishing mills, including steel wire drawing and steel nails and spikes; cold-rolled steel sheet, strip, and bars; and steel pipes and tubes;

iron and steel foundries, including gray and ductile iron, malleable iron, steel investment, and steel foundries not elsewhere classified;

primary smelting and refining of nonferrous metals, including primary smelting and refining of copper, and primary production of aluminum;

secondary smelting and refining of nonferrous metals;

rolling, drawing, and extruding of nonferrous metals, including rolling, drawing, and extruding of copper; rolling, drawing, and extruding of nonferrous metals except copper and aluminum; and drawing and insulating of nonferrous wire;

nonferrous foundries (castings), including aluminum die-casting, nonferrous die-casting except aluminum, aluminum foundries, copper foundries, and nonferrous foundries except copper and aluminum;

miscellaneous primary metal products, not elsewhere classified, including metal heat treating and primary metal products not elsewhere classified;
Activities covered include but are not limited to stormwater discharges associated with cooking operations, sintering plants, blast furnaces, smelting operations, rolling mills, casting operations, heat treating, extruding, drawing, or forging all types of ferrous and nonferrous metals, scrap, and ore.

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

The Permittee shall include a cleaning and maintenance program for all impervious areas of the facility where particulate matter, dust, or debris may accumulate, especially areas where material loading and unloading, storage, handling, and processing occur.  The Permittee shall also implement a cleaning program which includes regular sweeping for the paving of areas where vehicle traffic or material storage occur but where vegetative or other stabilization methods are not practicable. For unstabilized areas where sweeping is not practicable, the Permittee shall choose alternative stormwater management devices that effectively trap or remove sediment.

Inspections.   

The Permittee shall conduct inspections addressing, air pollution control equipment (e.g., baghouses, electrostatic precipitators, scrubbers, and cyclones), for any signs of degradation (e.g., leaks, corrosion, or improper operation) that could limit their efficiency and lead to excessive emissions. The Permittee must monitor air flow at inlets and outlets (or use equivalent measures) to check for leaks (e.g., particulate deposition) or blockage in ducts. Also inspect all process and material handling equipment (e.g., conveyors, cranes, and vehicles) for leaks, drips, or the potential loss of material.

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify where any of the following activities may be exposed to stormwater: storage or disposal of wastes such as spent solvents and baths, sand, slag and dross; pollution control equipment (e.g., baghouses); coal, coke, scrap, sand, fluxes, refractories, or metal in any form. In addition, indicate where an accumulation of significant amounts of particulate matter could occur from such sources as furnace or oven emissions, losses from coal and coke handling operations.

Inventory of Exposed Material

The Permittee shall include in the inventory of materials, areas where deposition of particulate matter from process air emissions or losses during material-handling activities are possible.

Potential Pollutant Sources (No additional requirements)

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements.

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table F-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Steel Works, Blast Furnaces, and Rolling and Finishing Mills (SIC 3312-3317)
Total aluminum
1.5 mg/l 4
Total zinc
0.234 mg/l 2
TSS
100 mg/l4
Iron and Steel Foundries
(SIC 3321-3325)
Total aluminum
1.5 mg/l2
Total copper
0.028 mg/l 5
Total iron
1.0 mg/l4
Total zinc
0.234 mg/l 2
TSS
100 mg/l4
Rolling, Drawing, and Extruding of Nonferrous Metals (SIC 3351-3357)
Total copper
0.028 mg/l 5
Total zinc
0.234 mg/l 2
TSS
100 mg/l4
Nonferrous Foundries
(SIC 3363-3369)
Total copper
0.028 mg/l 5
Total zinc
0.234 mg/l 2
TSS
100 mg/l4
Primary Smelting and Refining of Nonferrous Metals; Secondary Smelting and Refining of
Nonferrous Metals; and
Miscellaneous Primary Metal Products (SIC 3331-3339, 3341, 3398, 3399)
TSS
100 mg/l4
Benchmark concentration applicable to surface water discharge.
FAV 2A/2B  Based on a hardness .  See appendix B.
FAV for the great lakes, see appendix B.
Technology based standard EPA, NURP and BPJ
FAV great lakes, total hardness, see appendix B
FAV 2A/2B, pH adjusted, see appendix B

Use of Infiltration for Stormwater Treatment and Disposal

Sector F Industrial facilities are not authorized to use designed infiltration for stormwater management. 

Sector G - Metal Mining
 
Authorized Stormwater Discharges
 
The requirements in Sector G apply to stormwater discharges associated with industrial activity from metal mining facilities, including mines abandoned on Public lands on or after August 25, 1980, discharges from inactive facilities, and mining sites undergoing reclamation as identified by the Industrial Activity Code specified in Appendix D.  Coverage is required for metal mining facilities that discharge stormwater contaminated by contact with, or that has come in contact with, any overburden, raw material, intermediate product, finished product, byproduct, or waste product located on the site of the operation.
 
Discharges from the following areas are authorized for active and temporarily inactive facilities:
 
discharges from waste rock and overburden piles if composed entirely of stormwater and not combining with mine drainage;

topsoil piles;

offsite haul and access roads;

onsite haul and access roads constructed of waste rock, overburden, or spent ore if discharge is composed entirely of stormwater and not combining with mine drainage;

onsite haul and access roads not constructed of waste rock, overburden, or spent ore except if mine drainage is used for dust control;
 
runoff from tailings dams or dikes when not constructed of waste rock or tailings and no process fluids are present;
 
runoff from tailings dams or dikes when constructed of waste rock or tailings and no process fluids are present, if composed entirely of stormwater and not combining with mine drainage;
 
concentration building if no contact with material piles;
 
mill site if no contact with material piles;
 
office or administrative building and housing if mixed with stormwater from industrial area;
 
chemical storage area;
 
docking facility if no excessive contact with waste product that would otherwise constitute mine drainage;
 
explosive storage;
 
fuel storage;
 
vehicle and equipment maintenance area and building;
 
power plant;
 
truck wash areas if no excessive contact with waste product that would otherwise constitute mine drainage;

 
unreclaimed, disturbed areas outside of active mining area;
 
reclaimed areas released from reclamation requirements prior to December 17, 1990; and

partially or inadequately reclaimed areas or areas not released from reclamation requirements.
 
Industrial Activities Authorized by Sector G
 
Permittees under Sector G are primarily engaged in the following types of activities:
 
mining of ores;
 
ore dressing and beneficiating, whether performed at collocated, dedicated mills, or at separate (i.e., custom) mills;
 
reclamation of mining sites.
 
Limitations on Authorization
 
Discharges not authorized by this permit:
 
Discharges from active metal mining facilities that are subject to effluent limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR Part 440).  Discharges that come in contact with overburden or waste rock are subject to 40 CFR Part 440, and are therefore not authorized under this permit, provided that the discharges drain to a point source (either naturally or as a result of intentional diversion) and they combine with “mine drainage” that is otherwise regulated under the Part 440 regulations.  Discharges from overburden or waste rock can be covered under this permit if they are composed entirely of stormwater, do not combine with sources of mine drainage that are subject to 40 CFR Part 440, and meet other eligibility criteria contained in Part I.A.
 
Discharges from exploration sites and land disturbance activities that are conducted to determine the viability of ore extraction and the construction of infrastructure prior to ore extraction, including the building of site access roads and removal of overburden and waste rock, and are not covered under by an active mining permit issued by the applicable State or Federal agency.  These discharges do not require an NPDES industrial stormwater permit.  Discharges from these areas which disturb greater than one acre are covered by the General Stormwater Permit for Construction Activity.
 
Acid drainage and contaminated springs or seeps.  Contaminated seeps and springs discharging from waste rock dumps that do not directly result from precipitation events are not authorized by this permit (see also the standard Limitations on Coverage in Part I.B.).
 
Closed or abandoned mine sites where disturbances associated with extraction, beneficiation, or processing of mined materials took place prior to August 25, 1980, and where extraction, beneficiation or processing activities have not taken place after August 25, 1980, are not considered either active or inactive mining facilities and do not require an NPDES industrial stormwater permit.
 
Sites where mining claims are being maintained prior to disturbances associated with extraction, beneficiation, or processing of mined materials and sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim are not considered either active or inactive mining facilities and do not require an NPDES industrial stormwater permit.
 
Sector Specific Definitions
 
The following definitions do not supersede the definitions of active and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii):
 
Reclamation - activities undertaken, in compliance with applicable mined land reclamation requirements, following cessation of the activities associated with extraction through production of a salable product, intended to return the land to an appropriate post-mining land use in order to meet applicable Federal and State reclamation requirements.
 
Active metal mining facility - a place where work or other activity related to the extraction, removal, or recovery of metal ore is being conducted.  For surface mines, this definition does not include any land where grading has returned the earth to a desired contour and reclamation has begun.  This definition is derived from the definition of “active mining area” found at 40 CFR Part 440.132(a).
 
Inactive metal mining facility - a site or portion of a site where metal mining and/or milling occurred in the past but is not an active facility as defined above, and where the inactive portion is not covered by an active mining permit issued by the applicable State or Federal agency.  An inactive metal mining facility has an identifiable owner/operator.
 
Temporarily inactive metal mining facility - a site or portion of a site where metal mining and/or milling occurred in the past but currently are not being actively undertaken, and the facility is covered by an active mining permit issued by the applicable State or Federal agency.
 
Stormwater Controls
 
Employee Training
 
The Permittee shall conduct training at active and temporarily inactive sites.  All training regardless of site type shall be documented in the facility’s SWPPP.
 
Erosion and Sedimentation Controls (No additional requirements)
 
Good Housekeeping (No additional requirements)
 
Inspections
 
The Permittee shall conduct site inspections in accordance with Part III.B. of the permit.  If the facility is inactive and unstaffed, temporarily inactive and unstaffed as defined above, or is a site undergoing reclamation, the Permittee is waived from the requirement to conduct monthly facility inspections in Part III.B.1. and shall conduct semiannual inspections in accordance with Part III.B.2.  The Permittee shall inspect the site when the Permittee has reason to believe that severe weather or natural disasters may have damaged control measures or increased discharges. 
 
If circumstances change and the facility becomes active and/or staffed, this exception no longer applies and compliance with monthly inspection requirements in accordance with Part III.B.1. shall begin immediately.
 
The MPCA retains the authority to revoke this waiver where it is determined that the discharge causes, has a reasonable potential to cause, or contributes to an in-stream excursion above an applicable water quality standard, including designated uses.
 
Preventative Maintenance (No additional requirements)
 
Spills and Leaks (No additional requirements)
 
Management of Runoff
 
If treatment of stormwater (e.g., chemical or physical systems, oil and water separators, artificial wetlands) is necessary to protect water quality, describe the type and location of treatment used.  Passive and/or active treatment of stormwater runoff is encouraged where practicable.  Treated runoff may be discharged as a stormwater source regulated under this permit provided the discharge is not combined with discharges subject to effluent limitation guidelines for the Ore Mining and Dressing Point Source Category (40 CFR Part 440).
 
Other Industry Specific Controls Measures
 
When capping is necessary to minimize pollutant discharges in stormwater, identify the source being capped and the material used to construct the cap.
 
Stormwater Pollution Prevention Plan (SWPPP) Requirements
 
In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of part IV of the permit.
 
Facility Map
 
The Permittee shall document in the SWPPP the locations of the following (as appropriate):

mining or milling site boundaries;

access and haul roads;

outline of the drainage areas of each stormwater discharge location within the facility with indications of the types of discharges from the drainage areas;

location(s) of all permitted discharges covered under an individual NPDES permit, outdoor equipment storage, fueling, and maintenance areas;

materials handling areas;

outdoor manufacturing, outdoor storage, and material disposal areas;

outdoor chemicals and explosives storage areas;

overburden, materials, soils, or waste storage areas;

location of mine drainage (where water leaves mine) or other process water;

tailings piles and ponds (including those proposed);

heap leach pads;

off-site points of discharge for mine drainage and process water;

surface waters;

boundary of tributary areas that are subject to effluent limitations guidelines; and

location(s) of sites undergoing reclamation and reclaimed areas.
 
Inventory of Exposed Materials
 
The Permittee shall document in the SWPPP the mining and associated activities that can potentially affect stormwater, including a general description of the location of the site relative to major transportation routes and communities.
 
Potential Pollutant Sources
 
For each area of the mine or mill site where stormwater discharges associated with industrial activities occur, the Permittee shall identify the types of pollutants (e.g., heavy metals, sediment) likely to be present in significant amounts.  The Permittee shall consider the following factors:

the mineralogy of the ore and waste rock (e.g., acid forming);

toxicity and quantity of chemicals used, produced, or discharged;

the likelihood of contact with stormwater;

vegetation of site (if any); and

history of significant leaks or spills of toxic or hazardous pollutants.  Also include a summary of any existing ore or waste rock or overburden characterization data and test results for potential generation of acid rock.  If any new data is acquired due to changes in ore type being mined, the Permittee shall update the SWPPP with this information.
 
Description of Stormwater Controls
 
The Permittee shall document all control measures that are implemented consistent with Part 5.  If control measures are implemented or planned but are not listed in Part 5, above, the Permittee shall include descriptions of these controls in the SWPPP.
 
Monitoring and Reporting Requirements
 
Monitoring and reporting requirements in this part do not apply to unstaffed inactive and temporarily inactive facilities or sites undergoing reclamation.
 
In accordance with the benchmark monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table G-1.
 
Table G-1
 
Sector-specific Benchmark Monitoring Values for Active Copper Ore Mining and Dressing Facilities.  Discharges may be subject to requirements for more than one sector or sub-sector.
 
Table G-1
Subsector (Facilities may be subject to requirements for more than one sector/subsector)
Parameter
Benchmark Monitoring Concentration
Subsector G1. Active Copper Ore Mining and Dressing Facilities (SIC 1021)
Total Suspended Solids (TSS)
100 mg/L
Nitrate plus Nitrite Nitrogen
0.68 mg/L
Chemical Oxygen Demand (COD)
120 mg/L
 
In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters in Table G-2.  The Permittee may be notified by the MPCA that additional monitoring must be conducted to accurately characterize the quality and quantity of pollutants discharged from waste rock and overburden piles.
 
Table G-2
 
Sector-specific Benchmark Monitoring Values from Waste Rock and Overburden Piles at Active Metal Mining Facilities.  Discharges may be subject to requirements for more than one sector or sub-sector.
 
Table G-2.
Subsector (Discharges may be subject to requirements for more than one sector/subsector)
Parameter
Benchmark Monitoring Concentration
Subsector G2. Iron Ores; Copper Ores; Lead and Zinc Ores; Gold and Silver Ores; Ferroalloy Ores, Except Vanadium; and Miscellaneous Metal Ores (SIC Codes 1011, 1021, 1031, 1041, 1044, 1061, 1081, 1094, 1099)
(Note: when analyzing hardness for a suite of metals, it is more cost effective to add analysis of calcium and magnesium, and have hardness calculated than to require hardness analysis separately)
Total Suspended Solids (TSS)
100 mg/L
pH
6.0-9.0 s.u.
Hardness (as CaCO3; calc. from Ca, Mg)1
no benchmark value
Total Antimony
0.18 mg/L
Total Arsenic
0.680 mg/ L
Total Cadmium1
0.0078 mg/L 2
Total Copper1
0.028 mg/L 2
Total Iron
1.0 mg/L
Total Lead1
0.164 mg/L 2
Total Nickel1
0.938 mg/L 2
Total Selenium
0.040 mg/L
Total Silver1
0.0041 mg/L 2
Total Zinc1
0.234 mg/L 2
The benchmark values of some metals are dependent on water hardness.  For these parameters, the Permittee shall determine the hardness of the receiving water to identify the applicable ‘hardness range’ for determining their benchmark value.  See Appendix B for a table of hardness dependent benchmark values in accordance with Minn. Rules. 
Values given are for total hardness of 100 mg/L only.

Table G-3. Applicability of the Multi-Sector General Permit to Stormwater Runoff From Active Mining and Dressing Sites, Temporarily Inactive Sites, and Sites Undergoing Reclamation
Discharge/Source of Discharge
Note/Comment
Piles
Waste rock/overburden
If composed entirely of stormwater and not combining with mine drainage. See note below.
Topsoil
--
Roads constructed of waste rock or spent ore
Onsite haul roads
If composed entirely of stormwater and not combining with mine drainage. See note below.
Offsite haul and access roads
--
Roads not constructed of waste rock or spent ore
Onsite haul roads
Except if mine drainage is used for dust control
Offsite haul and access roads
--
Ore Processing / Plant Site
Runoff from tailings dams and dikes when constructed of waste rock/tailings
 
Except if process fluids are present and only if composed entirely of stormwater and not combining with mine drainage. See note below.
Runoff from tailings dams/dikes when not constructed of waste rock and tailings
Except if process fluids are present
Concentration building
If stormwater only and no contact with piles
Mill site / Pellet plant
If stormwater only and no contact with piles
Ancillary areas
Office and administrative building and housing
If mixed with stormwater from the industrial area
Chemical storage area
--
Docking facility
Except if excessive contact with waste product that would otherwise constitute mine drainage
Explosive storage
--
Fuel storage (oil tanks/coal piles)
--
Vehicle and equipment maintenance area/building
--
Parking areas
But coverage unnecessary if only employee and visitor-type parking
Power plant
Truck wash area
Except when excessive contact with waste product that would otherwise constitute mine drainage
Reclamation-related areas
Any disturbed area (unreclaimed)
Any disturbed area (unreclaimed)
Partially/inadequately reclaimed areas or areas not released from reclamation requirements
--
 
Note: Stormwater runoff from these sources are subject to the NPDES program for stormwater unless mixed with discharges subject to 40 CFR Part 440 that are regulated by another permit prior to mixing.  Non-stormwater discharges from these sources are subject to NPDES permitting and may be subject to the effluent limitation guidelines under 40 CFR Part 440.  Discharges from overburden/waste rock and overburden/waste rock-related areas are not subject to 40 CFR Part 440 unless: (1) it drains naturally (or is intentionally diverted) to a point source; and (2) combines with ''mine drainage'' that is otherwise regulated under the Part 440 regulations.  For such sources, coverage under this permit would be available if the discharge composed entirely of stormwater does not combine with other sources of mine drainage that are not subject to 40 CFR Part 440, as well as meeting other eligibility criteria contained in Part 1.1 of the permit.  Permit applicants bear the initial responsibility for determining the applicable technology-based standard for such discharges.
 
Use of Infiltration for Stormwater Treatment and Disposal
 
Sector G Industrial facilities are authorized to use designed infiltration for stormwater management.  See Appendix C for requirements.
 
Termination of Permit Coverage
 
A site or a portion of a site that has been released from applicable state or federal reclamation requirements on or after August 25, 1980, is no longer required to maintain coverage under this permit, provided that the covered stormwater discharges do not have the potential to cause or contribute to violations of state water quality standards.

Sector H - Coal Mines and Coal Mining-Related Facilities

Authorized Stormwater Discharges

The requirements in Subsection H apply to stormwater discharges associated with
industrial activity from coal mines and coal mining-related facilities as identified by the SIC Codes specified under Sector H in Appendix D.

Industrial Activities Authorized by Sector H

Permittees under Sector H are primarily engaged in the following types of activities:

haul roads (nonpublic roads on which coal or coal refuse is conveyed);

access roads (nonpublic roads providing light vehicular traffic within the facility property and to public roadways);

railroad spurs, siding, and internal haulage lines (rail lines used for hauling coal within the facility property and to offsite commercial railroad lines or loading areas);

conveyor belts, chutes, and aerial tramway haulage areas (areas under and around coal or refuse conveyer areas, including transfer stations); and

equipment storage and maintenance yards, coal handling buildings and structures, and inactive coal mines and related areas (abandoned and other inactive mines, refuse disposal sites, and other mining-related areas).

Limitations on Authorization

Discharges not authorized by this permit.

discharges from pollutant seeps or underground drainage from inactive coal mines and refuse disposal areas that do not result from precipitation events, and discharges from floor drains in maintenance buildings and other similar drains in mining and preparation plant areas.

stormwater discharges subject to an existing effluent limitation guideline at 40 CFR Part 434.

Sector Specific Definitions

The following definitions do not supersede the definitions of active and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).

Reclamation - activities undertaken, in compliance with applicable mined land reclamation requirements, following cessation of the activities associated with extraction, removal, or recovery of coal intended to return the land to an appropriate post-mining land use in order to meet applicable Federal and State reclamation requirements.

Active coal mining facility - is a place where work or other activity related to the extraction, removal, or recovery of coal is being conducted. For surface mines, this definition does not include any land where grading has returned the earth to a desired contour and reclamation has begun. This definition is derived from the definition of “active mining area” found at 40 CFR Part 440.132(a).

Inactive metal mining facility –a site or portion of a site where metal mining and/or milling occurred in the past but is not an active facility as defined above, and where the inactive portion is not covered by an active mining permit issued by the applicable State or Federal agency. An inactive metal mining facility has an identifiable owner/operator.

Temporarily inactive metal mining facility - a site or portion of a site where metal mining and/or milling occurred in the past but currently are not being actively undertaken, and the facility is covered by an active mining permit issued by the applicable State or Federal agency.

Stormwater Controls

Employee Training.

The Permittee shall as part of the employee training program, address the following activities:  use of reused and recycled waters, solvents management, proper disposal of dyes, proper disposal of petroleum products and spent lubricants.

Erosion and Sedimentation Controls

Surface Mining Control and Reclamation Act (SMCRA) requirements regarding sediment and erosion control measures are primary requirements of the SWPPP for mining-related areas subject to SMCRA authority.

Good Housekeeping

The Permitte shall use sweepers and covered storage, watering haul roads to minimize dust generation, and conserving vegetation to minimize erosion.

Inspections

In addition to the inspection requirements outlined in Part III.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Inspections of active mining-related areas and inactive areas under SMCRA Bond Authority shall perform quarterly inspections, corresponding with the inspections as performed by SMCRA inspectors, of all mining-related areas required by SMCRA. Also maintain the records of the SMCRA authority representative.

The Permittee shall perform inspections or other equivalent measures of storage tanks and pressure lines of fuels, lubricants, hydraulic fluid, and slurry to prevent leaks due to deterioration or faulty connections.

Preventative maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of runoff (No additional requirements)

Other Industry Specific Stormwater Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the requirements listed in the permit.

Facility Map

The Permittee shall identify where any of the following may be exposed to stormwater:

all applicable mining-related areas;

acidic spoil, refuse, or unreclaimed disturbed areas; and

liquid storage tanks containing pollutants such as caustics, hydraulic fluids, and lubricants.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following sources that have potential pollutants associated with them:

truck traffic on haul roads and resulting generation of sediment subject to runoff and dust generation;

fuel or other liquid storage;

pressure lines containing slurry, hydraulic fluid, or other potential harmful liquids; and

loading or temporary storage of acidic refuse or spoil.

Description of Stormwater Controls

Most active coal mining-related areas (SIC Codes 1221- 1241) are subject to sediment and erosion control regulations of the U.S. Office of Surface Mining (OSM) that enforces the Surface Mining Control and Reclamation Act (SMCRA). OSM has granted authority to most coal-producing states to implement SMCRA through State SMCRA regulations. All SMCRA requirements regarding control of stormwater-related pollutant discharges shall be addressed in the SWPPP.

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V, the Permittee shall monitor the applicable parameters, below:

Table H-1

Sector-specific Benchmark Monitoring Values

Subsector
Parameter
Benchmark Concentration 1
Coal Mines and Related Areas
(SIC 1221-1241)

TSS
100 mg/l3
Aluminum
0.75 mg/l 2
Iron
1.0 mg/l2
pH
6.0-9.03
Benchmark applicable to surface water discharge.
FAV 2A Based on a hardness of 100 mg/l in the discharged stormwater. See appendix B.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector H Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Sector I - Oil and Gas Extraction and Refining

Authorized Stormwater Discharges

The requirements in Subsection I apply to stormwater discharges associated with industrial activity from Oil and Gas Extraction facilities as identified by the Industrial Activity Codes specified in Appendix D.

Industrial Activities Authorized By Sector I

Permittees under Sector I are primarily engaged in the following types of activities:

Crude petroleum and natural gas;

natural gas liquids;

oil and gas field services;

drilling oil and gas wells;

Petroleum refining.

Limitations on Authorization

This permit does not authorize stormwater discharges from petroleum drilling operations that are subject to nationally established effluent limitation guidelines found at 40 CFR 435.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements) 

Erosion and Sedimentation Control (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

The Permittee shall inspect equipment and vehicles that store, mix (including all on- and offsite mixing tanks), or transport chemicals or hazardous materials (including those transporting supplies to oil field activities).

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater from chemical mixing areas, and take measures necessary to prevent discharge of stormwater coming into contact with wastewater pollutants from any sources associated with production, field exploration, drilling, well completion, or well treatment (i.e., produced water, drilling muds, drill cuttings, and produced sand).

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other requirements of the permit.

Facility Map

The Permittee shall identify where any of the following may be exposed to stormwater: Reportable Quantity (RQ) releases as defined by federal regulations; locations used for the treatment, storage, or disposal of wastes; chemical mixing areas; construction and drilling areas; all areas subject to the effluent guidelines requirements for “No Discharge” in accordance with 40 CFR 435.32; and the structural controls to achieve compliance with the “No Discharge” requirements.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following sources that have pollution potential: chemical, cement, mud, or gel mixing activities; drilling or mining activities; equipment rehabilitation activities. In addition the Permittee shall, include information about the RQ release that triggered the permit application requirements: the nature of the release (e.g., spill of oil from a drum storage area), amount of oil or hazardous substance released, amount of substance recovered, date of the release, cause of the release (e.g., poor handling techniques and lack of containment in the area), areas affected by the release (i.e., land and water), procedure to clean up release, actions or procedures implemented to prevent or improve response to a release, and remaining potential contamination of stormwater from release (taking into account human health risks, the control of drinking water intakes, and the designated uses of the receiving water).

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table I-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Oil and Gas Extraction (SIC 1311, 1321, 1381-1389)
TSS
100 mg/l2
pH
6.0-9.02
Subsector

Oil Refining (SIC 2911)

Parameter
Benchmark Concentration¹
Zinc
0.234 mg/l 3
Ammonia (as N)
34.8 mg/l 4
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.
FAV 2A  Based on a hardness of 100 mg/l in the discharged stormwater. See appendix B.
FAV 2A  Acute toxic level based on .430 mg/l unionized ammonia, pH 7.5, temp 200  C. See appendix B.

Use of Infiltration for Stormwater Treatment and Disposal

Sector I Industrial facilities are not authorized to use designed infiltration systems for stormwater management. 

Sector J - Mineral Mining and Dressing
   
Authorized Stormwater Discharges

The requirements in Sector J apply to stormwater discharges associated with
industrial activity from active, temporarily inactive and inactive mineral mining and dressing facilities, and mining sites undergoing reclamation as identified by the Industrial Activity Codes Specified in Appendix D.

Industrial Activities Authorized by Sector J

Permittees under Sector J are primarily engaged in the following types of activities:

mining of minerals;

mineral dressing and non-metallic mineral services, and

reclamation of mining sites.

Limitations on Authorization

Discharges not authorized by this permit:

Dewatering of mine or quarry areas other than those under SIC Code 1442 (Construction Sand and Gravel) or 1446 (Industrial Sand) where the mine dewatering discharges are composed entirely of stormwater or uncontaminated ground water seepage.

Discharges from exploration sites and land disturbance activities to determine the financial viability of a site and construction of infrastructure prior to mineral extraction, including the building of site access roads and removal of overburden and waste rock to expose minerals and are not covered under an active mining permit issued by the applicable State or Federal agency. These discharges do not require an NPDES industrial stormwater permit. Discharges from these areas which disturb greater than one acre are covered by the General Stormwater Permit for Construction Activity.

Closed mineral mining sites where disturbances associated with extraction, removal or recovery of minerals took place prior to September 30, 1992 and where extraction, removal or recovery activities have not taken place on or after September 30, 1992 are not considered either active or inactive mineral mining facilities and do not require an NPDES industrial stormwater permit.

Sites where mineral mining claims are being maintained prior to disturbances associated with extraction, removal or recovery of minerals and sites where minimal activities are undertaken for the sole purpose of maintaining a mineral mining claim are not considered either active or inactive mining facilities and do not require an NPDES industrial stormwater permit.

Definitions

The following definitions are not intended to supersede the definitions of active
and inactive mining facilities established by 40 CFR 122.26(b)(14)(iii).

Reclamation – activities undertaken, in compliance with applicable mined land reclamation requirements, following the cessation of activities associated with extraction, removal and recovery of minerals, intended to return the land to an appropriate post-mining land use..

Active Mineral Mining Facility - a place where work or other activity related to the extraction, removal, or recovery of minerals is being conducted. For surface mines, this definition does not include any land where grading has returned the earth to desired contour and reclamation has begun. This definition is derived from the definition of “active mining area” found at 40 CFR Part 440.132(a).

Inactive mineral mining facility - –a site or portion of a site where mineral mining and/or milling occurred in the past but is not an active facility as defined above, and where the inactive portion is not covered by an active mining permit issued by the applicable State or Federal agency. An inactive metal mining facility has an identifiable owner/operator.
.
Temporarily Inactive Mineral Mining Facility - a site or portion of a site where mineral mining and/or milling occurred in the past but currently are not being actively undertaken, and the facility is covered by an active mining permit issued by the applicable State or Federal agency

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Control

The Permittee shall implement sediment control on all down gradient perimeters before any upgradient land disturbing activities begin.  Use a range of erosion controls within the broad categories of: flow diversion (e.g., swales); stabilization (e.g., temporary or permanent seeding); and structural controls (e.g., sediment traps, dikes, silt fences).  The timing of the installation of sediment control practices may be adjusted to accommodate short-term activities.

Good Housekeeping (No additional requirements)

Inspections.

If a facility is inactive and unstaffed, the Permittee is waived from the requirement to conduct monthly facility inspections under Part III.B.1 and may conduct semi-annual inspections in accordance with Part III.B.2.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

The SWPPP requirements are applicable for active mineral mining facilities, inactive mining facilities, temporarily inactive mineral mining facilities, temporarily inactive mineral mining facilities, and sites undergoing reclamation. In addition to the following requirements, the Permittee shall comply with other applicable requirements of the permit.

Facility Map

The Permittee shall identify the following locations:

mining or milling site boundaries;

access and haul roads;

outline of the drainage areas of each stormwater discharge location within the facility with indications of the types of discharges from the drainage areas;

location(s) of all permitted discharges covered under an individual NPDES permit;

outdoor equipment storage, fueling, and maintenance areas;

materials handling areas;

outdoor manufacturing, outdoor storage, and material disposal areas;

outdoor chemicals and explosives storage areas;

overburden, materials, soils, or waste storage areas;

location of mine drainage dewatering or other process water;

heap leach pads;

off-site points of discharge for mine dewatering and process water;

surface waters;

boundary of tributary areas that are subject to effluent limitations guidelines; and

location(s) of reclaimed areas.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

For each area of the mine or mill site where stormwater discharges associated with industrial activities occur, the Permitte shall identify the types of pollutants (e.g., heavy metals, sediment) likely to be present in significant amounts. Evaluate the following factors in the identification of pollutants:

the mineralogy of the waste rock (e.g., acid forming);

toxicity and quantity of chemicals used, produced, or discharged;

the likelihood of contact with stormwater;

vegetation of site (if any); and

history of significant leaks or spills of toxic or hazardous pollutants. Also include a summary of any existing waste rock or overburden characterization data and test results for potential generation of acid rock.

The Permittee shall describe the mining and associated activities that can affect the stormwater discharges covered by this permit, including a general description of the location of the site relative to major transportation routes and communities.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters in Table J-1:

Table J-1

Sector-specific Benchmark Monitoring and Effluent Limitations.  Discharges may be subject to requirements for more than one sector or sub-sector

Subsector
Parameter
Benchmark Concentration
Effluent Limitations
Sand and Gravel Mining (SIC 1442, 1446)
TSS
100 mg/l5
--
Dimension and Crushed Stone and Nonmetallic
Minerals (except fuels) (SIC 1411, 1422-1429,
1481, 1499)
TSS
100 mg/l5
--
Clay, Ceramic, and Refractory Materials;
Chemical and Fertilizer Mineral Mining (SIC
1455, 1459, 1474-1479)
TSS
100 mg/l5
--
Mine Dewatering Activities at:

Construction Sand
and Gravel Mining Facilities (SIC 1442);

Industrial Sand
Mining Facilities (SIC 1446)
TSS
--
Construction Sand and Gravel Mining Facilities: 25 mg/l, monthly average3

Industrial Sand Mining Facilities:
1 45 mg/l, daily maximum

pH
--
6.5 – 8.54
Benchmark concentration applicable to surface water discharge.
EPA technology based effluent limit (Effluent Limit Guidelines)
State technology-based effluent limit (TBEL)
State water quality-based effluent limit (WQBEL)
Technology based standard EPA, NURP and BPJ

Use of Infiltration for Stormwater Treatment and Disposal

Sector J Industrial facilities are authorized to use infiltration systems for stormwater management.  See appendix C for requirements.

Termination of Permit Coverage

A site or a portion of a site that has been released from applicable county, state or federal reclamation requirements after September 30, 1992, is no longer required to maintain coverage under this permit, provided that the covered storm water discharges do not have the potential to cause or contribute to violations of state water quality standards. If the site or portion of a site reclaimed after September 30, 1992, was not subject to reclamation requirements, the site or portion of the site is no longer required to maintain coverage under this permit if the site or portion of the site has been reclaimed. A site or portion of a site is considered to have been reclaimed if:

Raw materials, intermediate byproducts, finished products, and waste products do not have the potential to cause or contribute to surface water discharges,

The drainageways that leave the site are stabilized to prevent erosion with riprap or other protective material.

The soil disturbing activities at the site are completed and all soils are stabilized by a uniform perennial vegetative cover with a density of 70 percent over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions.

The drainage ditches constructed to drain water from the site are stabilized to preclude erosion.

The temporary synthetic, and structural erosion prevention and sediment control BMPs are removed.

The Permittee cleans out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins; sediment must be stabilized to prevent it from being washed back into the basin, conveyances or drainage-ways discharging off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity.

The Permittee installs permanent stormwater treatment for new impervious surfaces created as a result of the activities covered by this permit. The permanent stormwater treatment must be designed for 0.5 inches of runoff from all created impervious surfaces.

Other BMPs as necessary are implemented so as to prevent erosion from the site excavation areas and stockpiles that have been used by the Permittee.

Sector K - Hazardous Waste Treatment, Storage, or Disposal Facilities

Authorized Stormwater Discharges

The requirements in Subsection K apply to stormwater discharges associated with
industrial activity from hazardous waste treatment, storage, or disposal facilities (TSDFs) as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector K

Permittees under Sector K are primarily engaged in treating, storing, or disposing of hazardous wastes, including those that are operating under interim status or a permit under subtitle C of RCRA.

Limitations on Authorization

The following discharges are not authorized by this permit:

Landfill wastewaters, sanitary wastewater, contaminated groundwater, wastewater from recovery pumping wells, leachate, gas collection condensate, drained free liquids, contaminated ground water, laboratory-derived wastewater, and contact washwater from washing truck and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility.

This permit authorizes only the discharge of non-contaminated stormwater and contaminated stormwater as defined below. Contaminated stormwater is not directed to wastewater treatment as landfill wastewater. Contaminated stormwater shall be segregated from non-contaminated stormwater. In the case where segregation is not possible and contaminated stormwater comingles with non-contaminated stormwater the combined stormwater shall be treated as contaminated stormwater and monitored accordingly.

Contaminated stormwater from hazardous waste landfills is regulated pursuant to 40 CFR Part 445 Subpart A. These numeric limitations (effluent limitation guidelines) apply to contaminated stormwater discharges from hazardous waste landfills subject to the provisions of RCRA Subtitle C at 40 CFR Parts 264 (Subpart N) and 265 (Subpart N).

Sector Specific Definitions

Contaminated stormwater - as defined in 40 CFR Part 445 (Landfills Point Source Category) is stormwater that comes in direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in Part K.4.5. Some specific areas of a landfill that may produce contaminated stormwater include (but are not limited to) the open face of an active landfill with exposed waste (no cover added); the areas around wastewater treatment operations; trucks, equipment, or machinery that has been in direct contact with the waste; and waste dumping areas.

Drained free liquids - aqueous wastes drained from waste containers (e.g., drums) prior to landfilling.

Land treatment facility - a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are considered disposal facilities if the waste will remain after closure.

Landfill - an area of land or an excavation in which wastes are placed for permanent disposal, but that is not a land application or land treatment unit, surface impoundment, underground injection well, waste pile, salt dome formation, salt bed formation, underground mine, or cave as these terms are defined in 40 CFR 257.2, 258.2, and 260.10.

Landfill wastewater - as defined in 40 CFR Part 445 (Landfills Point Source Category) all wastewater associated with, or produced by, landfilling activities except for sanitary wastewater, noncontaminated stormwater, contaminated groundwater, and wastewater from recovery pumping wells. Landfill wastewater includes, but is not limited to, leachate, gas collection condensate, drained free liquids, laboratory derived wastewater, contaminated stormwater, and contact washwater from washing truck, equipment, and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility.

Leachate - liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste as defined in 40 CFR 257.

Noncontaminated stormwater - as defined in 40 CFR Part 445 (Landfills Point Source Category) is stormwater that does not come into contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in Part K.4.5. Noncontaminated stormwater includes stormwater that flows off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill.

Pile - any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building as defined in 40 CFR 260.10 .

Surface impoundment - a facility or part of a facility that is a natural topographic
depression, human-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well. Examples of surface impoundments are holding storage, settling, and aeration pits, ponds, and lagoons as defined in 40 CFR 257.

Stormwater Controls (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters, below:

Table K-1

Sector-specific Benchmark Monitoring Values and Effluent Limitations.
Discharges may be subject to requirements for more than one sector or sub-sector.
      
Subsector
Parameter
Benchmark Concentration 1
Effluent Limitation Guidelines 2
Industrial Activity Code “HZ”

TSS
100 mg/l5
88 mg/l daily max. 5
27 mg/l mo. Ave. 5
Ammonia
34.8 mg/l 7
10 mg/l daily max. 5
4.9 mg/l mo. Ave. 5
COD
120 mg/l5

BOD
25 mg/l5
220 mg/l daily max. 5
56 mg/l mo. Ave. 5
Lead
0.164 mg/l 3
---
Arsenic
0.680 mg/l 4
1.1 mg/l daily max. 5
0.54 mg/l mo. Ave. 5
Cadmium
0.0078 mg/l 6
---
phenol
---
0.048 mg/l daily max. 5
0.029 mg/l mo. Ave. 5
Zinc
0.234 mg/l 6
0.535 mg/l daily max. 5
0.296 mg/l mo. Ave. 5
Chromium +3 total
3.5 mg/l 6
1.1 mg/l daily max. 5
0.46 mg/l mo. Ave. 5
pH
6.0-9.05
6.0-9.05
Alpha Terpineol

---
0.042 mg/l daily max. 5
0.019 mg/l mo. Ave. 5
Aniline

---
0.024 mg/l daily max. 5
0.015 mg/l mo. Ave. 5
Benzoic Acid

---
0.119 mg/l daily max5.
0.073 mg/l mo. Ave. 5
Naphthalene

---
0.059 mg/l daily max. 5
0.022 mg/l mo. Ave. 5
p-Cresol

---
0.024 mg/l daily max. 5
0.015 mg/l mo. ave5
Pyridine

---
0.072 mg/l daily max. 5
0.025 mg/l mo. Ave. 5

Cyanide

0.045 mg/l3



Selenium

0.040 mg/l3

Silver

0.0041 mg/l3


Benchmark concentration applicable to surface water discharge.
EPA technology based effluent limit (Effluent Limit Guidelines)
FAV 2A/2B see appendix B .
FAV for the great lakes, see appendix B.
Technology based standard EPA, NURP and BPJ
FAV 2A/2B, total hardness, see appendix B
FAV 2A/2B, pH and temperature adjusted, see appendix B

Use of Infiltration for Stormwater Treatment and Disposal

Sector K Industrial facilities not operating as a Solid Waste Management Unit (SWMU) with outdoor storage are authorized to use a designed infiltration system for industrial stormwater management and are not required to comply with Part VII.K.8.b.  See appendix C for requirements.


Sector K Industrial facilities operating as a Solid Waste Management Unit (SWMU) with outdoor storage are authorized to use a designed infiltration system, implemented prior to the effective date of this permit, for stormwater management provided the permittee complies with the following requirements:

The permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration.  However, any permittee required to comply with this part, and that is using a designed infiltration system to manage industrial stormwater, is not authorized to utilize the benchmark monitoring waiver described in Part V.6.a.

If the permittee has implemented a designed infiltration system prior to the effective date of this permit, the permittee is authorized to continue using that system.  If the designed infiltration system does not meet the design standards of Appendix C, the permittee is authorized to upgrade the designed infiltration system on or after the effective date of this permit provided the designed infiltration system is not expanded and is upgraded to the minimum design standards outlined in Appendix C.

On or after the effective date of this permit, the permittee is not authorized to design, construct or implement new or expanded infiltration systems.

Sector L-Landfills, Land Application Sites, and Open Dumps

Authorized Stormwater Discharges

The requirements in Subsection L apply to stormwater discharges associated with industrial activity from landfills, land application sites and open dumps as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector L

Permittees under Sector L are primarily engaged in the following types of activities:

waste disposal at landfills,
 
land application sites,

open dumps that receive or have received industrial waste, including sites subject to regulation under Subtitle D of RCRA.

Limitations on Authorization

The following discharges are not authorized by this permit:

Leachate,

gas collection condensate,

drained free liquids,

contaminated and non-contaminated ground water,

wastewater from recovery wells,

sanitary wastewater,

laboratory wastewater,

contact washwater from washing truck and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility. 

Sector Specific Definitions

Contaminated stormwater - as defined in 40 CFR Part 445 (Landfills Point Source Category) is stormwater that comes in direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater as defined in Part L.4.3. Some specific areas of a landfill that may produce contaminated stormwater include (but are not limited to) the open face of an active landfill with exposed waste (no cover added); the areas around wastewater treatment operations; trucks, equipment, or machinery that has been in direct contact with the waste; and waste dumping areas.

Drained free liquids - aqueous wastes drained from waste containers (e.g., drums) prior to landfilling.

Landfill wastewater - as defined in 40 CFR Part 445 (Landfills Point Source Category) all wastewater associated with, or produced by, landfilling activities except for sanitary wastewater, non-contaminated stormwater, contaminated groundwater, and wastewater from recovery pumping wells. Landfill process wastewater includes, but is not limited to, leachate; gas collection condensate; drained free liquids; laboratory-derived wastewater; contaminated stormwater; and contact washwater from washing truck, equipment, and railcar exteriors and surface areas that have come in direct contact with solid waste at the landfill facility.

Leachate - liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste as defined in 40 CFR 257.
   
Non-contaminated stormwater (no exposure-no exposure to wastes but there is exposure to soils/erosion, as in the case of intermediate cover, daily cover) - stormwater that does not come in direct contact with landfill wastes, the waste handling and treatment areas, or landfill wastewater. Noncontaminated stormwater includes stormwater that flows off the cap, cover, intermediate cover, daily cover, and/or final cover of the landfill.

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Control

The Permittee shall implement sediment control practices on all down gradient perimeters before any upgradient land disturbing activities begin.  These practices should remain in place until final stabilization has occurred.  Provide temporary stabilization (e.g., temporary seeding, mulching, and placing geotextiles on the inactive portions of stockpiles) for the following: materials stockpiled for daily, intermediate, and final cover; inactive areas of the landfill or open dump; landfills or open dump areas that have gotten final covers but where vegetation has yet to establish itself; and land application sites where waste application has been completed but final vegetation has not yet been established.

Good Housekeeping

The Permittee shall provide protected storage areas for pesticides, herbicides, and fertilizers.

Inspections

The Permittee shall inspect all active operating landfills, open dumps, and land application sites at least once every 7 days. Focus on areas of landfills that have not yet been finally stabilized; active land application areas, areas used for storage of material and wastes that are exposed to precipitation, stabilization, and structural control measures; leachate collection and treatment systems; and locations where equipment and waste trucks enter and exit the site. Ensure that sediment and erosion control measures are operating properly. Stabilized sites and areas where land application has been completed should follow inspection frequency as described in Part III.B.8.d.

The Permittee shall inspect inactive landfills for stabilization and structural erosion control measures, leachate collection and treatment systems, and all closed land application areas.

Preventive Maintenance Program

The Permittee shall maintain the following: all containers used for outdoor chemical and significant materials storage; all elements of leachate collection and treatment systems, to prevent commingling of leachate with stormwater; the integrity and effectiveness of any intermediate or final cover (including repairing the cover as necessary), to minimize the effects of settlement, sinking, and erosion.

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Stormwater Control Measures

The Permittee shall implement a tracking system for the types of wastes disposed of in each cell or trench of a landfill or open dump. For land application sites, track the types and quantities of wastes applied in specific areas.

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify where any of the following may be exposed to stormwater: active and closed landfill cells or trenches, active and closed land application areas, locations where open dumping is occurring or has occurred, locations of any known leachate springs or other areas where uncontrolled leachate may commingle with runoff, and leachate collection and handling systems.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following sources that have potential pollutants associated with them: fertilizer, herbicide, and pesticide application; earth and soil moving; waste hauling and loading or unloading; daily, interim, and final cover material stockpiles as well as temporary waste storage areas; exposure of active and inactive landfill and land application areas; uncontrolled leachate flows; and failure or leaks from leachate collection and treatment systems.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Parts V and VI, the Permittee shall monitor the applicable parameters, below:

Table L-1

Sector-specific Benchmark Monitoring Values and Effluent Limitations. 
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector (Discharges may be subject to requirements for more than one sector/subsector)
Parameter
Benchmark concentration 1
Effluent
Limitation 2
All Landfill, Land Application Sites and Open Dumps (Industrial Activity Code “LF”)
TSS
100 mg/l5
--
All Landfill, Land Application Sites and Open Dumps, except Municipal Solid Waste Landfill (MSWLF) Areas Closed in Accordance with 40 CFR 258.60 (Industrial Activity Code “LF”)
TSS



100 mg/l5
--
Iron
1.0 mg/l5

All Landfills Subject to the Requirements of 40 CFR Part 445 Subpart B (Industrial Activity Code “LF”).
BOD
25 mg/l5
140 mg/l daily max5
37 mg/l mo. ave5 
TSS
100 mg/l5
88 mg/l daily max5
27 mg/l mo. ave5 
Total ammonia
34.8 mg/l 4
10 mg/l daily max5
4.9 mg/l mo. ave5
Alpha terpineol
--
0.033 mg/l daily max5
0.016 mg/l mo. ave. 5
Benzoic acid
--
0.12 mg/l daily max5
0.071 mg/l mo.ave. 5
P cresol
--
0.025 mg/l daily max5
0.014 mg/l mo ave5
phenol
--
0.026 mg/l daily max5
0.015 mg/l mo ave5
zinc
0.234 mg/l 3
 0.20 mg/l daily max5
0.11 mg/l mo ave5
pH
6.0-9.05
6.0 – 9.0 5
Benchmark concentration applicable to surface water discharge.
EPA technology based effluent limit (Effluent Limit Guidelines)
FAV 2A/2B  Based on a hardness .  See appendix B.
FAV 2A/2B, pH and temperature adjusted, see appendix B
Technology based standard EPA, NURP and BPJ

Use of Infiltration for Stormwater Treatment and Disposal

Sector L Industrial facilities are not authorized to use designed infiltration for stormwater management.

Sector M - Automobile Salvage Yards

Authorized Stormwater Discharges

The requirements in Subsection M apply to stormwater discharges associated with
industrial activity from automobile salvage yards as identified by the Industrial Activity Code specified in Appendix A.

Industrial Activities Authorized by Sector M

Permittees under Sector M are primarily engaged in the dismantling or wrecking used motor vehicles for parts recycling or resale and scrap.

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training

The Permittee shall address the following areas in the employee training program: proper handling (collection, storage, and disposal) of fuels, oil, used mineral spirits, anti-freeze, mercury switches, freon, and solvents.

Erosion and Sedimentation Controls (No additional requirements)

Housekeeping

To the maximum extent feasible, the Permittee shall:

store all batteries indoors;

recycle lead battery cable ends and wheel balancing weights;

remove all fluids from vehicles and recycle or dispose accordingly;

remove and segregate mercury switches and mercury containing devices;

recycle fuels,

remove and dispose of freon as required with complete avoidance of venting to atmosphere;

remove and dispose of glycols as required;

remove and recycle all lead parts;

separate and recycle, if feasible, plastics or dispose as solid waste;

store all engines and transmissions (that have been removed from vehicles) in covered areas not exposed to precipitation.

Inspections

The Permittee shall immediately inspect vehicles arriving at the facility.  The Permittee shall inspect for signs of leakage, all equipment containing oily parts, hydraulic fluids, any other types of fluids, or mercury switches.  Also inspect all vessels and areas where hazardous materials and general automotive fluids are stored, including, but not limited to, mercury switches, brake fluid, transmission fluid, fuels and oils, freon, and antifreeze.

In addition to the inspection requirements outlined in Part III.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance (No additional requirements)

Spills and Leaks

The Permittee shall drain vehicles of all fluids before storage in facility yard or before vehicles are crushed. If Vehicles arrive at the facility with leaks, the Permittee shall either eliminate or contain the leak immediately to prevent stormwater contamination.

Management of Runoff (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall indicate the location of the following areas;

dismantling areas,

motor vehicle part storage areas (e.g. engine blocks, transmissions, radiators, tires, batteries, etc),

vehicle part maintenance areas.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall assess the potential for the following to contribute pollutants to stormwater discharges:

vehicle storage areas,

dismantling areas,

parts storage areas (e.g. engine blocks, tires, transmissions, batteries), and

fueling stations.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:
   
    Table M-1

Sector-specific Benchmark Monitoring Values. 
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector

Auto Salvage Yards (5015)
Parameter
Benchmark Concentration 1
TSS
100 mg/l4
Total Aluminum
1.5 mg/l 3
Total Iron
1.0 mg/l 4
Total Lead
0.164 mg/l 2
Benchmark applicable to surface water discharge.
FAV 2A  Based on a hardness of 100 mg/l in the discharged stormwater. See appendix D.
FAV 2A not based on hardness. See Appendix D.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector M Industrial facilities are authorized to use a designed infiltration system, implemented prior to the effective date of this permit, for stormwater management provided the permittee complies with the following requirements:

The permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration.  However, any permittee required to comply with this part, and that is using a designed infiltration system to manage industrial stormwater, is not authorized to utilize the benchmark monitoring waiver described in Part V.6.a.

If the permittee has implemented a designed infiltration system prior to the effective date of this permit, the permittee is authorized to continue using that system.  If the designed infiltration system does not meet the design standards of Appendix C, the permittee is authorized to upgrade the designed infiltration system on or after the effective date of this permit provided the designed infiltration system is upgraded to the design standards outlined in Appendix C.

On or after the effective date of this permit, the permittee is not authorized to design, construct or implement new infiltration systems.

Mercury Minimization Plan

All automotive recyclers shall enroll in the End of Life Vehicle Solutions Corporation (ELVS) program or equivalent programs. The ELVS program took over the management of the Minnesota Mercury Recovery Program for automotive recyclers and scrap metal recyclers in May 2006.  ELVS provides these recycling operations with collection buckets and will pay the costs of transportation, retorting/recycling or disposal of elemental mercury from the automotive switches. ELVS provides educational materials to promote vehicle and scrap metal recycling and proper management of mercury switches and other mercury containing devices.

In addition to the ELVS program the Permittee shall also evaluate the facility to identify and determine any additional sources of mercury that may be introduced to, or used at, the facility.  This may include mercury containing devices such as switches including float switches, manometers, barometers, batteries, flame sensors, hydrometers, manometers, medical devices, lamps, mercury compounds, pyrometers, relays, thermometers, freezers, pressure gauges, thermostats, etc.  The plan shall evaluate how any mercury containing devices may be removed to the extent feasible, or segregated to avoid spills and contact with stormwater. Mercury disposal shall be conducted in accordance with ___________________.
   
Sector N - Scrap Recycling and Waste Recycling Facilities

Authorized Stormwater Discharges

The requirements in Subsection N apply to stormwater discharges caused by industrial activity from scrap recycling and waste recycling facilities, not primarily engaged in source-separated recyclable materials but from non-industrial and residential sources, as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector N

Permittees under Sector N are primarily engaged in the following types of activities:
 
processing, reclaiming, and wholesale distribution of scrap and waste materials, such as ferrous and nonferrous metals, paper, plastic, cardboard, glass, and animal hides; and

reclaiming and recycling of liquid wastes, such as used oil, antifreeze, mineral spirits, and industrial solvents. 

Limitation on Authorization

Non-stormwater discharges from ferrous and non-ferrous metal turnings containment areas are not authorized by this permit.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training

The Permittee shall notify major suppliers about which scrap materials will not be accepted at the facility or will be accepted only under certain conditions.

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

The Permittee shall minimize exposure of recyclables to precipitation and runoff and use good housekeeping measures to prevent accumulation of particulate matter and fluids, particularly in high traffic areas.

Inspections

The Permittee shall minimize accepting materials that may be significant sources of pollutants by conducting inspections of the inbound materials.

Options to consider for Scrap And Waste Recycling Facilities (Non-Source Separated, Non-Liquid Recyclable Materials): 

provide information and education to suppliers of scrap and recyclable waste materials on draining and properly disposing of residual fluids (e.g., from vehicles and equipment engines, radiators and transmissions, oil filled transformers, and individual containers or drums) and removal of mercury switches from vehicles before delivery to your facility;
establish procedures to minimize the potential of any residual fluids from coming into contact with precipitation or runoff;
establish procedures for accepting scrap lead-acid batteries (additional requirements for the handling, storage, and disposal or recycling of batteries are contained in the scrap lead-acid battery program provisions in Part 8.N.3.2.6);
provide training targeted for those personnel engaged in the inspection and acceptance of inbound recyclable materials; and
establish procedures to ensure that liquid wastes, including used oil, are stored in materially compatible and non-leaking containers and are disposed of or recycled in accordance with the Resource Conservation and Recovery Act (RCRA).

Options to consider for Source Separated Recyclables, Primarily From Non-Industrial and Residential Sources: 

providing information and education measures to inform suppliers of recyclables about acceptable and non-acceptable materials,
training drivers responsible for pickup of recycled material,
clearly marking public drop-off containers regarding which materials can be accepted,
rejecting non-recyclable wastes or household hazardous wastes at the source, and
establishing procedures for handling and disposal of non-recyclable material.

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance (No additional requirements)

Spills and Leaks

Management of Runoff

The Permittee shall minimize contact of stormwater runoff with stockpiled scrap materials, processed materials, storage of materials and non-recyclable wastes.

Options to consider: 
permanent or semi-permanent covers;
sediment traps, vegetated swales and strips, catch basin filters, and sand filters to facilitate settling or filtering of pollutants;
dikes, berms, containment trenches, culverts, and surface grading to divert runoff from storage areas;
silt fencing; and
oil and water separators, sumps, and dry absorbents for areas where potential sources of residual fluids are stockpiled (e.g., automobile engine storage areas).

The Permittee shall minimize contact of surface runoff with stockpiles of turnings exposed to cutting fluids by:

Storing all turnings exposed to cutting fluids under some form of permanent or semi-permanent cover, or

Establishing dedicated containment areas for all turnings that have been exposed to cutting fluids.  Stormwater runoff from these areas can be discharged, provided that any runoff is first collected and treated by an oil and water separator or its equivalent.  The Permittee shall regularly maintain the oil and water separator (or its equivalent) and properly dispose of or recycle collected residual fluids.

The Permittee shall minimize contact of residual liquids and particulate matter from materials stored indoors or under cover with surface runoff.

Options to consider: 
good housekeeping measures, including the use of dry absorbents or wet vacuuming to contain, dispose of, or recycle residual liquids originating from recyclable containers, or mercury spill kits for spills from storage of mercury switches;
not allowing washwater from tipping floors or other processing areas to discharge to the storm sewer system; and
disconnecting or sealing off all floor drains connected to the storm sewer system.

The Permittee shall minimize surface runoff from coming in contact with scrap processing equipment, including operations that generate visible particulate residue (e.g. shredding).

Options to consider: 
regularly inspect equipment for spills or leaks and malfunctioning, worn, or corroded parts or equipment;
establish a preventive maintenance program for processing equipment;
use dry-absorbents or other cleanup practices to collect and dispose of or recycle spilled or leaking fluids or use mercury spill kits for spills from storage of mercury switches;
on unattended hydraulic reservoirs over 150 gallons in capacity, install protection devices such as low-level alarms or equivalent devices, or secondary containment that can hold the entire volume of the reservoir;
containment or diversion structures such as dikes, berms, culverts, trenches, elevated concrete pads, and grading to minimize contact of stormwater runoff with outdoor processing equipment or stored materials;
oil and water separators or sumps;
permanent or semi-permanent covers in processing areas where there are residual fluids and grease;
retention or detention ponds or basins; sediment traps, and vegetated swales or strips (for pollutant settling and filtration);
catch basin filters or sand filters.

The Permittee shall properly handle, store, and dispose of scrap lead-acid batteries.

Options to consider: 
segregate scrap lead-acid batteries from other scrap materials;
properly handle, store, and dispose of cracked or broken batteries;
collect and dispose of leaking lead-acid battery fluid;
minimize or eliminate (if possible) exposure of scrap lead-acid batteries to precipitation or runoff; and
provide employee training for the management of scrap batteries.

The Permittee shall minimize or eliminate contact between residual liquids from waste materials stored indoors and from surface runoff.  The SWPPP may refer to applicable portions of other existing plans, such as SPCC plans required under 40 CFR Part 112.

Options to consider: 
procedures for material handling (including labeling and marking);
clean up spills and leaks with dry absorbent materials, a wet vacuum system;
appropriate containment structures (trenching, curbing, gutters, etc.); and
a drainage system, including appurtenances (e.g., pumps or ejectors, manually operated valves), to handle discharges from diked or bermed areas. Drainage should be discharged to an appropriate treatment facility or sanitary sewer system, or otherwise disposed of properly. These discharges may require coverage under a separate NPDES wastewater permit or industrial user permit under the pretreatment program.

The Permittee shall minimize contact between stored residual liquids and precipitation or runoff.  The SWPPP may refer to applicable portions of other existing plans, such as SPCC plans required under 40 CFR Part 112. Discharges of precipitation from containment areas containing used oil must also be in accordance with applicable sections of 40 CFR Part 112.

Options to consider: 
appropriate containment structures (e.g., dikes, berms, curbing, pits) to store the volume of the largest tank, with sufficient extra capacity for precipitation;
drainage control and other diversionary structures;
corrosion protection and/or leak detection systems for storage tanks; and
dry-absorbent materials or a wet vacuum system to collect spills.

The Permittee shall minimize pollutants in discharges from truck and rail car loading and unloading areas, and must include measures to clean up minor spills and leaks resulting from the transfer of liquid wastes.

Options to consider: 
containment and diversionary structures to minimize contact with precipitation or runoff, and
dry clean-up methods, wet vacuuming, roof coverings, or runoff controls.

The following identifies considerations and options for facilities that receive only source-separated recyclables, primarily from non-industrial and residential sources.

Inbound Recyclable Material Control. Minimize the chance of accepting nonrecyclables (e.g., hazardous materials) that could be a significant source of pollutants by conducting inspections of inbound materials. Following are some control measure options: (a) providing information and education measures to inform suppliers of recyclables about acceptable and non-acceptable materials, (b) training drivers responsible for pickup of recycled material, (c) clearly marking public drop-off containers regarding which materials can be accepted, (d) rejecting nonrecyclable wastes or household hazardous wastes at the source, and (e) establishing procedures for handling and disposal of nonrecyclable material.
Outdoor Storage. Minimize exposure of recyclables to precipitation and runoff. Use good housekeeping measures to prevent accumulation of particulate matter and fluids, particularly in high traffic areas. Following are some control measure options (a) provide totally enclosed drop-off containers for the public; (b) install a sump and pump with each container pit and treat or discharge collected fluids to a sanitary sewer system; (c) provide dikes and curbs for secondary containment (e.g., around bales of recyclable waste paper); (d) divert surface water runoff away from outside material storage areas; (e) provide covers over containment bins, dumpsters, and roll-off boxes; and (f) store the equivalent of one day’s volume of recyclable material indoors.
Indoor Storage and Material Processing. Minimize the release of pollutants from indoor storage and processing areas. Following are some control measure options (a) schedule routine good housekeeping measures for all storage and processing areas, (b) prohibit tipping floor washwater from draining to the storm sewer system, and (c) provide employee training on pollution prevention practices.
Vehicle and Equipment Maintenance. Following are some control measure options for areas where vehicle and equipment maintenance occur outdoors (a) prohibit vehicle and equipment washwater from discharging to the storm sewer system, (b) minimize or eliminate outdoor maintenance areas whenever possible, (c) establish spill prevention and clean-up procedures in fueling areas, (d) avoid topping off fuel tanks, (e) divert runoff from fueling areas, (f) store lubricants and hydraulic fluids indoors, and (g) provide employee training on proper handling and storage of hydraulic fluids and lubricants.

Other Industry Specific Stormwater Control Measures (No additional requirements)
 
Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify the locations of any of the following activities or sources that may be exposed to stormwater:

outdoor scrap and waste processing equipment, and

containment areas for turnings exposed to cutting fluids.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources (No additional requirements)

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table N-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark
Concentration 1
Scrap Recycling Facilities (SIC 5093)

TSS
100 mg/l4
Chemical Oxygen Demand
120 mg/l4
Total Aluminum
0.751.5 mg/l 5
Total Copper
.028 mg/l 3
Total Iron
1.0 mg/l4
Total Lead
0.164 mg/l 2
Total Zinc
0.234 mg/l 2
pH
6.0-9.04
Benchmark applicable to surface water discharge.
FAV 2A  Based on a hardness of 100 mg/l in the discharged stormwater. See appendix B.
FAV 2A  Great Lakes, Based on a hardness See appendix B
Technology based standards using BPJ.
FAV 2A not hardness dependant, See appendix B

Use of Infiltration for Stormwater Treatment and Disposal

Sector N Industrial facilities are authorized to use a designed infiltration system, implemented prior to the effective date of this permit, for stormwater management provided the permittee complies with the following requirements:

The permittee shall conduct benchmark monitoring in accordance with the terms and conditions of Part V of all industrial stormwater prior to infiltration.  However, any permittee required to comply with this part, and that is using a designed infiltration system to manage industrial stormwater, is not authorized to utilize the benchmark monitoring waiver described in Part V.6.a.

If the permittee has implemented a designed infiltration system prior to the effective date of this permit, the permittee is authorized to continue using that system.  If the designed infiltration system does not meet the design standards of Appendix C, the permittee is authorized to upgrade the designed infiltration system on or after the effective date of this permit provided the designed infiltration system is upgraded to the design standards outlined in Appendix C.

On or after the effective date of this permit, the permittee is not authorized to design, construct or implement new infiltration systems.

Mercury Minimization Plan

All scrap metal recyclers shall enroll in the End of Life Vehicle Solutions Corporation (ELVS) program. The ELVS program took over the management of the Minnesota Mercury Recovery Program for automotive recyclers and scrap metal recyclers in May 2006. ELVS provides these recycling operations with collection buckets and will pay the costs of transportation, retorting/recycling or disposal of elemental mercury from the automotive switches. ELVS provides educational materials to promote vehicle and scrap metal recycling and proper management of mercury switches and other mercury containing devices.

In addition to the ELVS program the Permittee shall also evaluate its facility to identify and determine any additional sources of mercury that may be introduced to, or used at, the facility.  This may include mercury containing devices such as switches including float switches, manometers, barometers, batteries, flame sensors, hydrometers, manometers, medical devices, lamps, mercury compounds, pyrometers, relays, thermometers, freezers, pressure gauges, thermostats, etc.  The plan shall evaluate how any mercury containing devices may be removed to the extent feasible, or segregated to avoid spills and contact with stormwater. Mercury disposal shall be conducted in accordance with ___________________.

Sector O - Steam Electric Generating Facilities

Authorized Stormwater Discharges

The requirements in Subsection O apply to stormwater discharges associated with
industrial activity from Steam Electric Power Generating Facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector O

Permittees under Sector O are primarily engaged in the following types of activities:

steam electric power generation using coal, natural gas, oil, nuclear energy, etc., to produce a steam source;

dual fuel co-generation facilities; and

alternative fuel generating facilities used to produce steam.  

Limitations on Authorization

The following discharges are not authorized by this permit:

Non-stormwater discharges subject to effluent limitations guidelines

Stormwater discharges from ancillary facilities (e.g. gas turbine stations and substations) that are not contiguous to a stream electric power generating facility and heat capture co-generation facilities.

Coal pile runoff wastewater. Coal pile runoff wastewater shall be collected and treated separate from other collected stormwater runoff.  Discharge of coal pile runoff wastewater is authorized and permitted under an individual NPDES permit for the facility which includes effluent limitations for this discharge.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

The Permittee shall describe and implement procedures to reduce or control the tracking of ash and residue from ash loading areas.  Clear the ash building floor and immediately adjacent roadways of spillage, debris, and any excess water before departure of each loaded vehicle.

Inspections

The Permittee shall inspect the following areas:

coal handling areas,

switchyards,

ash handling areas,

areas adjacent to disposal ponds and landfills.

The Permittee shall inspect all residue-hauling (i.e. ash) vehicles for proper covering over the load, adequate gate sealing, and overall integrity of the container body. Repair, as soon as practicable, vehicles without load covering or adequate gate sealing, or with leaking containers or beds.

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges, corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance

The Permittee shall describe and implement measures that prevent or minimize stormwater from contacting fugitive dust emissions from coal handling areas.

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater runoff from delivery vehicles carrying significant materials arriving at the facility. The Permittee shall have procedures ensuring overall integrity of the body or container and procedures to deal with leakage or spillage from vehicles or containers.

The Permitee shall describe and implement measures that prevent or minimize contamination of surface runoff from oil-bearing equipment in switchyard areas. Use level grades and gravel surfaces to retard flows and limit the spread of spills from oil-bearing equipment in switchyards, or collecting runoff in perimeter ditches from these areas.

Spills and Leaks

The Permittee shall describe and implement measures to reduce the potential for an oil or chemical spill, or reference the appropriate part of your SPCC plan. Visually inspect the structural integrity of all above-ground tanks, pipelines, pumps, and related equipment, and conduct any necessary repairs immediately, pursuant to the MN tanks program.

Management of Runoff

The Permittee shall describe and implement measures that prevent or minimize contamination of surface runoff from areas adjacent to disposal ponds or landfills. Develop procedures to reduce ash residue that may be tracked on to access roads traveled by residue handling vehicles, and reduce ash residue on exit roads leading into and out of residue handling areas.

Other Industry Specific Stormwater Control Measures

The Permittee shall address landfills, scrap yards, surface impoundments, open dumps, and general refuse sites in the SWPPP and follow appropriate sector specific requirements found in sector L.

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify the locations of any of the following activities or sources that may be exposed to stormwater:

scrap yards, and general refuse areas;

short- and long-term storage of construction materials, paint equipment, oils, fuels, used and unused solvents, cleaning materials, paint, water treatment chemicals, fertilizer, and pesticides);

landfills and construction sites; and

stockpile areas (e.g., coal or limestone piles).

Inventory of Exposed Materials (No additional requirements)

Potential Pollutants (No additional requirements)

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table O-1

Sector-specific Benchmark Monitoring Values. 
Discharges may be subject to requirements for more than one sector or subsector.

Subsector
Parameter
Benchmark Concentration 1
Coal Fired and Oil Fired Steam Electric Generating Facilities
TSS
100 mg/l 2
Iron
1.0 mg/l 2
Nuclear and Natural Gas Fired Co-Generation Facilities
TSS
100 mg/l2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector O Industrial facilities are authorized to use designed infiltration for stormwater management. See appendix C for requirements

Sector P - Land Transportation and Warehousing

Authorized Stormwater Discharges

The requirements in Subsection P apply to stormwater discharges associated with industrial activity from Land Transportation and Warehousing facilities as identified by the Industrial Activity Codes in Major Groups 40, 41, 42, 43 and SIC 5171, and specified in Appendix D.

Industrial Activities Authorized by Sector P

Permittees under Sector P are primarily engaged in the following types of activities:

vehicle and equipment fluid changes

mechanical repairs

parts cleaning

sanding, refinishing and painting;

fueling and lubrication;

locomotive sanding (loading sand for traction);

storage of vehicles and equipment awaiting repair or maintenance;

storage of materials and waste materials, such as oil, fuel, batteries, tires, or oil filters; and

equipment cleaning operations.

Limitation on Authorization

This permit does not authorize the discharge of vehicle/equipment/surface washwater, including tank cleaning operations. Such discharges must be authorized under a separate NPDES permit, discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements, or recycled on-site.

This permit authorizes stormwater discharges from only those portions of the land transportation facility that are involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations or deicing operations.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training

The Permittee shall, when conducting employee training include:

proper disposal of used oil and spent solvent management;

fueling procedures;

proper painting procedures; and

used battery management.

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

The Permittee shall minimize or prevent stormwater from contacting locomotive sanding (loading sand for traction) areas.  Sediment removal practices shall be implemented to minimize the offsite transport of sanding material.

Inspections

The Permittee shall inspect all the following areas/activities:

storage areas for vehicles/equipment awaiting maintenance,

fueling areas,

indoor and outdoor vehicle/equipment maintenance areas, and

vehicle/equipment cleaning areas.

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance

The Permittee shall maintain all material storage vessels (e.g., used oil/oil filters, spent solvents, paint wastes, hydraulic fluids) to prevent contamination of stormwater and plainly label the storage vessels. (e.g., Used Oil, Spent Solvents etc.).

Spills and Leaks

The Permittee shall confine the storage of leaky or leak prone vehicles/equipment awaiting maintenance to designated areas.

Other Industry Specific Stormwater Controls

All petroleum bulk oil stations and terminals shall comply with applicable State and Federal laws regulating large bulk fuel storage tanks, including the SPCC and provisions for secondary containment. Above ground storage tanks with a capacity larger than 1.0 million gallons are regulated by permits negotiated with the MPCA.  Follow all rules and requirements pursuant to MN Rules 7151.1200 concerning above ground storage tanks, and MN Rules 7150 regarding underground storage tanks.

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify the following areas of the facility and indicate whether activities occurring there may be exposed to stormwater:

Fueling stations;

vehicle/equipment maintenance or cleaning areas; and

storage areas for vehicle/equipment with actual or potential fluid leaks.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe and assess the potential for the following facility activities and areas to contribute pollutants to stormwater discharges:

Onsite waste storage or disposal;

dirt/gravel parking areas for vehicles awaiting maintenance; and

fueling areas.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:
   
    Table P-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Land Transportation and Warehousing
Subsectors
Parameter
Benchmark Concentration 1
Rail Transportation Facilities (SIC 4011, 4013)
TSS
100 mg/l 2
Petroleum Bulk Oil Stations and Terminals (SIC 5171)
TSS
100 mg/l 2
United States Postal Service Facilities (SIC 4311; Motor freight Transportation Facilities (SIC 4212-4231); Passenger Transportation Facilities (SIC 4111-4173)
TSS
100 mg/l 2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector P Industrial facilities not authorized to use designed infiltration for stormwater management:

Rail Transportation Facilities

Sector P Industrial facilities authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Petroleum Bulk Oil Stations and Terminals

 United States Postal Service Facilities

Motor freight Transportation Facilities

Passenger Transportation Facilities

Sector Q - Water Transportation

Authorized Stormwater Discharges

The requirements in Subsection Q apply to stormwater discharges associated with industrial activity from Water Transportation facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector Q

Permittees under Sector Q are primarily engaged in water transportation facilities and activities classified in SIC Code Major Group 44 that have vehicle(vessel) maintenance shops and/or equipment cleaning operations, including:

water transportation industry, including facilities engaged in foreign or domestic transport of freight or passengers in deep sea or inland waters;

marine cargo handling operations;

ferry operations;

towing and tugboat services;

marinas.

Limitations on Authorization

The following discharges are not authorized by this permit:

Bilge and ballast water,

sanitary wastes,

pressure wash water, and

cooling water originating from vessels.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training  

The Permittee shall, as part of the employee training program, address the following activities:

used oil management,

spent solvent management,

disposal of spent abrasives,

fueling procedures,

painting and blasting procedures, and

used battery management.

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

The Permittee shall implement and describe a schedule for routine yard maintenance and cleanup.  Regularly remove from the general yard area scrap metal, wood, plastic, miscellaneous trash, paper, glass, industrial scrap, insulation, welding rods, and packaging.

The Permittee shall describe procedures for routinely maintaining and cleaning the drydock area to prevent or minimize pollutants in stormwater runoff.  Address the cleaning of accessible areas of the drydock prior to flooding, and final cleanup following removal of the vessel and raising the dock.  Include procedures for cleaning up oil, grease, and fuel spills occurring on the drydock.

The Permittee shall regularly clean deposits of abrasive blasting debris and paint chips.

Inspections

The Permittee shall inspect the following areas: 

pressure washing area;

blasting, sanding, and painting areas;

engine maintenance and repair areas;

drydock area; and

general yard area.

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance

The Permittee shall implement and describe measures to prevent spent abrasives, paint chips, and overspray from coming into contact with stormwater.  The Permittee shall contain all blasting and painting activities, or use other measures to prevent the discharge of the contaminants (e.g., hanging plastic barriers or tarpaulins during blasting or painting operations to contain debris).

The Permittee shall implement and describe measures to prevent or minimize the contamination of stormwater from all areas used for engine maintenance and repair.

The Permittee shall implement and describe measures to prevent or minimize the contamination of stormwater from material handling operations and areas (e.g., fueling, paint and solvent mixing, disposal of process wastewater streams from vessels).

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Stormwater Controls

If pressure washing is used to remove paint, dirt, marine growth or other materials from vessels, the discharge water must be permitted by a separate NPDES permit and is not authorized by this permit.

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify where any of the following may be exposed to stormwater:

fueling;

engine and vessel maintenance and repair;

pressure washing;

painting;

sanding;

blasting;

welding;

metal fabrication; 

locations used for the treatment, storage, or disposal of wastes; and

liquid storage areas (e.g., paint, solvents, resins).

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

outdoor manufacturing or processing activities (e.g., welding, metal fabricating); and

significant dust or particulate generating processes (e.g., abrasive blasting, sanding, painting.)

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:
   
    Table Q-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Water Transportation Facilities
(SIC 4412-4499)
TSS
100 mg/l 3
 lead
0.164 mg/l 2
 zinc
0.234 mg/l 2
 Iron
1.0 mg/l 3
Aluminum
1.5 mg/l 2
Benchmark applicable to surface water discharge.
FAV 2A Based on a hardness of 100 mg/l in the discharged stormwater. See appendix D.
Technology based standards using BPJ.
FAV 2A not hardness dependant

Use of Infiltration for Stormwater Treatment and Disposal

Sector Q Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Sector R - Ship and Boat Building and Repair Yards

Authorized Stormwater Discharges

The requirements in Section R apply to stormwater discharges associated with industrial activity from ship and boat building and repair yards as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector R

Permittees under Sector R are primarily engaged in ship building and repairing and boat building and repairing.

Limitations on Authorization

The following discharges are not authorized by this permit:

bilge and ballast water,

sanitary wastes,

pressure wash water, and

cooling water originating from vessels.

Sector Specific Definitions (No additional definitions)

Stormwater Controls.

Employee Training

As part of the employee training program, the Permittee shall address the following activities:

used oil management,

spent solvent management,

disposal of spent abrasives,

fueling procedures,

painting and blasting procedures, and

used battery management.

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

The Permittee shall implement and describe a schedule for routine yard maintenance and cleanup.  Regularly remove from the general yard area scrap metal, wood, plastic, miscellaneous trash, paper, glass, industrial scrap, insulation, welding rods, and packaging.

The Permittee shall describe procedures for routinely maintaining and cleaning the drydock area to prevent or minimize pollutants in stormwater runoff. Address the cleaning of accessible areas of the drydock prior to flooding, and final cleanup following removal of the vessel and raising the dock. Include procedures for cleaning up oil, grease, and fuel spills occurring on the drydock.

Inspections

The Permittee shall inspect the following areas: pressure washing area; blasting, sanding, and painting areas; engine maintenance and repair areas; drydock area; and general yard area.

In addition to the inspection requirements outlined in Part III.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance

The Permittee shall implement and describe measures to prevent spent abrasives, paint chips, and overspray from coming into contact with stormwater. The Permittee shall contain all blasting and painting activities, or use other measures to prevent the discharge of the contaminants (e.g., hanging plastic barriers or tarpaulins during blasting or painting operations to contain debris). The Permittee must also regularly clean deposits of abrasive blasting debris and paint chips.

The Permittee shall implement and describe measures to prevent or minimize the contamination of stormwater from all areas used for engine maintenance and repair.

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Stormwater Controls (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify where any of the following may be exposed to stormwater:

fueling;

engine maintenance or repair;

vessel maintenance or repair;

pressure washing;

painting;

sanding;

blasting;

welding;

metal fabrication;

liquid storage areas (e.g., paint, solvents, resins); and

blasting media, aluminum, steel, and scrap iron storage areas.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

outdoor manufacturing or processing activities (e.g., welding, metal fabricating), and

significant dust or particulate generating processes (e.g., abrasive blasting, sanding, painting).

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table R-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Ship and Boat Building and Repairing Yards (SIC
3731, 3732)
TSS


100 mg/l 2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector R Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Sector S - Air Transportation

Authorized Stormwater Discharges

The requirements in Sector S apply to stormwater discharges associated with industrial activity from Air Transportation facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector S

Permittees under Sector S are primarily engaged in the following types of activities:

Servicing, repairing, or maintaining aircraft and ground vehicles

Equipment cleaning and maintenance (including vehicle and equipment rehabilitation     mechanical repairs, painting, fueling, and lubrication)

Deicing/anti-icing operations

Limitation on Authorization

This permit authorizes stormwater discharges from only those portions of the air transportation facility that are involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations or deicing operations.

This permit does not authorize the discharge of aircraft, ground vehicle, runway and equipment washwaters; nor the dry weather discharge of deicing chemicals. Such discharges must be authorized by a separate NPDES permit.

Sector Specific Definitions

Deicing means both deicing (removing frost, snow or ice) and anti-icing (preventing   accumulation of frost, snow or ice) activities, unless specific mention is made regarding   anti-icing and/or deicing activities.

Airport ‘‘authority’’ means a single management organization of the airport. (usually a public entity)

Tenant means airline carriers,fixed base operators (e.g., fueling companies and maintenance shops), and others that have leases/agreements with the airport authority to conduct business on airport property. Tenants of the airport that conduct industrial activities as described above, or as described anywhere in 40 CFR 122.26(b)(14), are required to apply for authorization under an NPDES stormwater permit

Deicing Season means the average seasonal timeframe (e.g., December- February, October - March, etc.) during which deicing activities occur at the facility. The Permittee shall identify the average season length in the facility’s SWPPP

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to SWPPP requirements contained in Part III of the permit, the following sector specific requirements must be met for an air transportation facility. Where applicable, Permittees meeting the definition of tenant above, shall create a SWPPP specific to the tenant's own operations for stormwater discharges associated with the leased property/space.  The individual tenant’s SWPPP shall be attached to the airport authority’s SWPPP with coordination between the two entities.

Facility Map

The Permittee shall identify the following areas of the facility and indicate whether activities occurring are or may be exposed to stormwater:

aircraft and runway deicing operations;

fueling stations;

aircraft,

ground vehicle and equipment maintenance/cleaning areas;

storage areas for aircraft, ground vehicles and equipment awaiting maintenance.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall identify the potential for the following activities and facility areas to contribute pollutants to stormwater discharges:

aircraft,

runways,

ground vehicle and equipment maintenance and cleaning,

aircraft and runway deicing operations (including apron and centralized aircraft deicing stations, runways, taxiways and ramps);

runways and loading areas where agricultural aviation operations occur.

If the Permittee uses deicing chemicals or pesticides, records must be maintained of the types (including the Material Safety Data Sheets [MSDS]) used and the monthly quantities. This includes all deicing chemicals, not just glycols and urea (e.g., potassium acetate).  All tenants that conduct these activities shall provide the above information in the facility’s SWPPP, which will be attached and updated as necessary to the airport authority’s comprehensive SWPPP.

Description of Stormwater Controls

The Permittee shall clean equipment only in the areas identified in the SWPPP and clearly designate these areas using ground signage or other appropriate means.

Stormwater Controls

Employee Training

The Permittee shall address the following in the employee training program:

proper handling of deicing materials and fuels,

spill and leak prevention, and

proper recordkeeping of deicing fluids applied and stored

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

Where agricultural aviation operations occur, the Permittee shall maintain the applicable areas to prevent contact of stormwater with pesticides used for agricultural purposes, including but not limited to herbicides, insecticides, rodenticides and fungicides.  These requirements are not to supersede regulations delegated by the Department of Agriculture.

Inspections

In addition to the inspection requirements outlined in Part III.B, the Permittee shall conduct two (2) inspections per month with no less than ten (10) days between inspections during the deicing season, as specified in the Permittee’s SWPPP.

In addition to the inspection requirements outlined in Part III.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheens or films from oil and grease shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance

The Permittee shall evaluate whether over application of deicing chemicals on runways occurs by analyzing and adjusting application rates as necessary, consistent with considerations and requirements of flight safety. The evaluation must be carried out by the personnel most familiar with the particular aircraft and flight operations in question.

The Permittee shall describe and implement measures that prevent or minimize the contamination of stormwater runoff from all areas used for aircraft, ground vehicle and equipment maintenance (including the maintenance conducted on the terminal apron and in dedicated hangers).

The Permittee shall describe and implement measures that prevent or minimize the contamination of stormwater with fuels and fuel servicing activities or other operations conducted in support of the airport fuel system.

The Permittee shall store all aircraft, ground vehicles and equipment awaiting maintenance in designated areas only. BMPs should be implemented in these designated areas to prevent or minimize contact of stormwater with materials exposed from vehicles awaiting maintenance.

Spills and Leaks

Each individual Permittee is required to report spills equal to or exceeding the reportable quantity (RQ) levels specified at 40 CFR 110, 117 and 302.  A summary of these reports shall be submitted in the Permittee’s Annual Reports. If an airport authority is the sole Permittee under this permit, then the sum of all spills at the airport must be assessed against the RQ. If tenants exist at the airport, then the amount spilled by each tenant shall be assessed against the RQ determination.

Management of Runoff

The Permittee shall describe and implement a program to control or manage contaminated runoff to reduce the amount of pollutants being discharged from the facility.  Describe the controls used for collecting or containing contaminated melt water from collection areas used for disposal of contaminated snow.

Monitoring and Reporting Requirements. 

In addition to the monitoring requirements specified in Parts V, the Permittee shall collect two (2) of the facility’s four (4) required samples during periods that are during the airport’s specified deicing season, for the applicable parameters below.

Table S-1
.
Sector-specific Benchmark Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
 Airports that use more that 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons or more of urea on an average annual basis (SIC 4512-4581).
Biochemical Oxygen
Demand (BOD5)
25 mg/l2
Chemical Oxygen
Demand (COD)
120 mg/l2
Ammonia
34.8 mg/l 3
Total Suspended Solids (TSS)
100 mg/l2
pH
6.0-9.02
Benchmark concentration applicable to surface water discharge.
Technology based standards using BPJ.
FAV 2A  Acute toxic level based on .430 mg/l unionized ammonia, pH 7.5, temp 200  C. See appendix D.
Table S-2
.
Sector-specific Benchmark Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Airports that use less than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons or more of urea on an average annual basis (SIC 4512-4581).
Total Suspended Solids (TSS)
100 mg/l2
Benchmark concentration applicable to surface water discharge.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector S Industrial facilities are not authorized to use designed infiltration systems for stormwater management. 

Sector T-Treatment Works

Authorized Stormwater Discharges

The requirements in Subsection T apply to stormwater discharges associated with
industrial activity from treatment works as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector T

Permittees under Sector T are primarily engaged in treatment works treating domestic sewage, or any other sewage sludge or wastewater treatment device or system used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage; including land dedicated to the disposal of sewage sludge; that are located within the confines of the facility with a design flow of 1.0 million gallons per day (MGD) or more; or are required to have an approved pretreatment program under 40 CFR Part 403. (SIC TW)

The following are not required to have industrial stormwater permit coverage: farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located within the facility, or areas that are in compliance with Section 405 of the CWA.

Limitations on Authorization

The following discharges are not authorized by this permit:

sanitary and industrial wastewater, and

equipment and vehicle washwater.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training

The Permittee shall include the following areas in training for the facility:

petroleum product management;

process chemical management;

fueling procedures; and

proper procedures for using fertilizer, herbicides, and pesticides.

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

The Permittee shall include the following areas in all inspections:

access roads and rail lines;

grit, screenings, and other solids handling;

sludge drying beds;

dried sludge piles;

ompost piles; and

septage or hauled waste receiving stations.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Stormwater Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility  Map

The Permittee shall identify where any of the following may be exposed to stormwater:

grit, screenings, and other solids handling, storage, or disposal areas;

sludge drying beds;

dried sludge piles;

compost piles;

septage or hauled waste receiving station; and

storage areas for process chemicals, petroleum products, solvents, fertilizers, herbicides, and pesticides.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources.

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

grit, screenings, and other solids handling;

sludge drying beds;

dried sludge piles;

compost piles;

septage or hauled waste receiving station; and

access roads and rail lines.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table T-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Treatment Works (SIC TW)
TSS
100 mg/l 2
BOD
25 mg/l 2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector T Industrial facilities are not authorized to use designed infiltration for stormwater management. 

Sector U - Food and Kindred Products

Authorized Stormwater Discharges

The requirements in Section U apply to stormwater discharges associated with
industrial activity from food and kindred products facilities as specified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector U

Permittees under Sector U are primarily engaged in the following types of activities:

meat products;

dairy products;

canned, frozen, and preserved fruits, vegetables, and food specialties;

grain mill products;

bakery products;

sugar and confectionery products;

fats and oils;

beverages; 

miscellaneous food preparations and kindred products and

tobacco products

Limitations on Authorization

The following discharges are not authorized by this permit:

Stormwater discharges co-mingled with wastewaters or sources of non-stormwater, other than those listed under Part II of this permit, including those from industrial plant yards; material handling sites; refuse sites; sites used for application or disposal of process wastewaters; sites used for storage and maintenance of material handling equipment; sites used for residential wastewater treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; and storage areas for raw material and intermediate and finished products. This includes areas where industrial activity has taken place in the past and significant materials remain. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product.

Discharges subject to operations and process requirements of part II, which include discharges containing boiler blowdown, cooling tower overflow and blowdown, ammonia refrigeration purging, and vehicle washing and clean-out operations.

Wastewater generated from these areas shall be treated at the facility’s wastewater treatment facility in accordance with the facility’s NPDES permit, or by discharge to a publicly owned treatment works (POTW), as authorized by the POTW. Stormwater discharges from these areas are allowed where no mixing of stormwater with wastewater or non-stormwater occurs, and where these areas do not at any time generate wastewater or non-stormwater.
 
Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training

The Permittee shall include in training the following activities as appropriate:

used oil and spent solvent management;

segregation of organic materials, raw materials, and products from contact with stormwater and precipitation; and

pest control

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

The Permittee shall inspect the following areas where the potential for exposure to stormwater exists:

waste management units;

vents and stacks associated with industrial activities;

spoiled product and broken product container holding areas;

animal holding pens;

staging areas; and

air pollution control equipment.

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Stormwater Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify the locations of the following activities if they are exposed to stormwater:

vents and stacks from cooking, drying, and similar operations;

dry product vacuum transfer lines;

animal holding pens;

spoiled product; and broken product container storage areas.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe, in addition to food and kindred products processing-related industrial activities, application and storage of pest control chemicals (e.g., rodenticides, insecticides, fungicides) used on plant grounds.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table U-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Grain Mill Products (SIC 2041-2048)
TSS
100 mg/l2
Fats and Oils Products
SIC 2074-2079
TSS
100 mg/l2
BOD5
25 mg/l 2
COD
120 mg/l 2
Ammonia
34.8 mg/l 4
Total nitrogen
None 2
Meat Products; Dairy Products; Canned, Frozen, and Preserved Fruits, Vegetables, and Food Specialties; Bakery Products; Sugar and Confectionery Products; Beverages; Miscellaneous Food Preparations and Kindred Products; and Tobacco Products (SIC 2011-2015, 2021-2026, 2032-2038, 2051-2053, 2061-2068,2082-2087, 2091-2099, 2111-2141)

TSS
100 mg/l 2
BOD
25 mg/l 2
COD
120 mg/l 2
Ammonia
34.8 mg/l 4
Total nitrogen
10 mg/l 3
phosphorus
1.0 mg/l 2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.
FAV 2A not hardness dependant, see Appendix B
FAV 2A 2B,  pH and Temp dependant see Appendix B

Use of Infiltration for Stormwater Treatment and Disposal

Sector U Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements. 

Sector V - Textile Mills, Apparel, and Other Fabric Products

Authorized Stormwater Discharges

The requirements in Subsection V apply to stormwater discharges associated with industrial activity from textile mills, apparel, and other fabric product manufacturing as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector V

Permittees under Sector V are primarily engaged in the following types of activities:

textile mill product preparation, including preparation of fiber and subsequent
manufacturing of yarn, thread, braids, twine, and cordage; and

the manufacture of broadwoven fabrics, narrow-woven fabrics, knit fabrics, and carpets and rugs from yarn;

processes involved in the dyeing and finishing of fibers, yarn fabrics, and knit apparel,

Apparel and other finished products made from fabric and similar materials integrated manufacturing of knit apparel and other finished articles of yarn manufacturing of felt goods (e.g., wool), lace goods, non-woven fabrics, miscellaneous textiles, and other apparel products, and 

Leather and leather products, except leather tanning and finishing.

Limitations on Authorization

Discharges of wastewater (e.g., wastewater resulting from wet processing or from any processes relating to the production process), reused or recycled water, and waters used in cooling towers, are not authorized under this permit.

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training

As part of the employee training program, the Permittee shall address the following activities:

use of reused and recycled waters,

solvents management,

proper disposal of dyes,

proper disposal of petroleum products and spent lubricants.

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

In addition to the inspection requirements outlined in Part IV.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative maintenance

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater from material handling operations by using the following:

use of spill and overflow protection; and

covering or enclosing areas where the transfer of materials occurs.  The Permittee shall address the replacement or repair of leaking connections, valves, transfer lines, and pipes that carry chemicals, dyes, or wastewater.

Spills and Leaks (No additional requirements)

Management of runoff (No additional requirements)

Other Industry Specific Stormwater Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the requirements listed in the permit.

Facility Map (No additional requirements)

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following additional sources and activities that have potential pollutants associated with them:

backwinding,

beaming,

bleaching,

backing bonding,

carbonizing,

carding,

cut and sew operations,

desizing,

drawing,

dyeing locking,

fulling, knitting,

mercerizing,

opening,

packing,

plying,

scouring,

slashing,

spinning,

synthetic-felt processing,

textile waste processing,

tufting,

turning,

weaving,

web forming,

winging,

yarn spinning, and

yarn texturing.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table V-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Textile Mills, Apparel, and Other Fabric Product Manufacturing; and Leather and Leather Products (SIC 2211-2299, 2311- 2399, 3131-3199, except 3111)

TSS
100 mg/l 2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector V Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements. 

Sector W - Furniture and Fixtures

Authorized Stormwater Discharges

The requirements in Subsection W apply to stormwater discharges associated with
industrial activity from furniture and fixtures facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector W

Permittees under Sector W are primarily engaged in the following types of activities:

furniture and fixtures, and 

wood kitchen cabinets.

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table W-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Furniture and Fixtures (SIC 2434, 2511-2599)

TSS
100 mg/l 2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector W Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Sector X - Printing and Publishing

Authorized Stormwater Discharges

The requirements in Subsection X apply to stormwater discharges associated with
industrial activity from printing and publishing facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector X

Permittees under Sector X are primarily engaged in the following types of activities:

book printing;

commercial printing and lithographics;

platemaking and related services;

commercial printing, gravure; and

commercial printing not elsewhere classified.

Limitation on Authorization (No additional limitations)

Sector Specific Definitions (No additional limitations)

Stormwater Controls Measures.

Employee Training (No additional requirements)
          
Erosion and Sedimentation Controls (No additional requirements)
          
Good Housekeeping (No additional requirements)

Inspections (No additional requirements)

Preventative Maintenance

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater runoff from blanket wash areas, and mixing solvent areas. The Permittee must have BMPs that address the replacement or repair of leaking connections, valves, transfer lines, and pipes that may carry chemicals or wastewater.

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan Requirements

In addition to the following requirements, the Perrmittee shall also comply with the requirements listed in the permit.

Facility Map (No additional requirements)

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

significant dust or particulate generating processes, and onsite waste disposal practices (e.g., blanket wash). 

The Permittee shall also identify the pollutant parameter (e.g., oil and grease, scrap metal) associated with each pollutant source.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements 

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table X-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Printing and Publishing (SIC 2711-2796)
TSS
100 mg/l 3
Silver
.0041 mg/l 2
Benchmark applicable to surface water discharge.
FAV 2A, 2B.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector X Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Sector Y - Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries

Authorized Stormwater Discharges

The requirements in Subsection Y apply to stormwater discharges associated with
Industrial activity from rubber, miscellaneous plastic products, and miscellaneous manufacturing industries facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Serctor Y

Permittees under Sector Y are primarily engaged in the following types of activities:

Manufacturing of tires and inner tubes;

rubber and plastic footwear;

gaskets, packing and sealing devices; and rubber hose and belting;

fabricated rubber products; 

Manufacturing of miscellaneous plastics products;

musical instruments;
 
dolls, toys, games and sporting and athletic goods;
 
pens, pencils, and other artists’ materials;
 
costume jewelry, costume novelties, buttons, pins and needles and

miscellaneous notions, except precious metal

Limitation on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections (No additional requirements)

Preventative Maintenance

The Permittee shall describe and implement specific controls to minimize contact of zinc with stormwater discharges by:

using chemicals purchased in pre-weighed, sealed polyethylene bags,

storing in-use materials in sealable containers,

ensuring an airspace between the container and the cover to minimize “puffing” losses when the container is opened, 

using automatic dispensing and weighing equipment, and

replacing or repairing improperly operating dust collectors or baghouses.

The Permittee shall describe and implement specific controls to minimize contact of plastic resin pellets with stormwater discharges.

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Stormwater Controls (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map (No additional requirements)

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall review the use of zinc at the facility and the possible pathways through which zinc may be discharged into stormwater.  The Permittee shall list the materials and activities at the facility that are sources of zinc.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table Y-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Tires and Inner Tubes; Rubber Footwear;
Gaskets, Packing and Sealing Devices; and
Rubber Hose and Belting; and Fabricated
Rubber Products, Not Elsewhere Classified
(SIC 3011-3069, rubber manufacturing
only)
Total Zinc
0.234 mg/l 2
Total Lead
0.164 mg/l 2
TSS
100 mg/l 3
Miscellaneous Plastics Products (SIC 3081-3089); Musical Instruments (SIC 3931); Dolls, Toys, Games and Sporting and Athletic Goods (SIC 3942-3949); Pens, Pencils, and other Artists’ Materials (SIC 3951-3955, except 3952 as Specified in Sector C); Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal (SIC 3961, 3965); and Miscellaneous Manufacturing Industries (SIC 3991-3999)

TSS
100 mg/l 3
Benchmark applicable to surface water discharge.
FAV 2A  Based on a hardness of 100 mg/l in the discharged stormwater. See appendix D.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector Y Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Sector Z - Leather Tanning and Finishing

Authorized Stormwater Discharges

The requirements in Subsection Z apply to stormwater discharges associated with industrial activity from leather tanning and finishing facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector Z

Permittees under Sector Z are primarily engaged in leather tanning, currying, and finishing activities.

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections (No additional requirements)

Preventative Maintenance

The Permittee shall store pallets and bales of raw, semi-processed, or finished tannery by-products (e.g., splits, trimmings, shavings) indoors or these materials must be protected by polyethylene wrapping, tarpaulins, or roofed storage.

The Permittee shall to the extent feasible store materials on an impermeable surfaces and enclose or put berms (or equivalent measures) around these areas.

The Permittee shall describe and implement measures that prevent or minimize contamination of stormwater runoff with leather dust from buffing and shaving areas. The Permittee shall use dust collection systems and assure that they are operating properly.

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Industry Specific Stormwater Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify on the facility map where any of the following may be exposed to stormwater:

processing and storage areas of the beamhouse,

tanyard,

re-tan wet finishing and dry finishing operations,

haul roads and access roads, and

rail spurs.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following additional sources that have potential pollutants associated with them:

temporary or permanent storage of fresh and brine-cured hides;

extraneous hide substances and hair;

leather dust, scraps, trimmings, and shavings;

chemical drums, bags, containers;

empty chemical containers and bags;

spent solvents;

floor sweepings and washings;

refuse, waste piles, and sludge; and

significant dust/particulate generating processes (e.g., buffing).

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table Z-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Leather Tanning and Finishing (SIC 3111)
TSS
100 mg/l 3
Chromium+3
3.5 mg/l  2
BOD
25 mg/l 3
Benchmark applicable to surface water discharge.
FAV 2A Based on a hardness of 100 mg/l in the discharged stormwater. See appendix D.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector Z Industrial facilities are not authorized to use designed infiltration for stormwater management. 

Sector AA - Fabricated Metal Products

Authorized Stormwater Discharges

The requirements in Subsection AA apply to stormwater discharges associated with
industrial activity from fabricated metal products facilities as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector AA

Permittees under Sector AA are primarily engaged in the following types of activities:

fabricated metal products; except machinery and transportation equipment and cutting,

jewelry, silverware, and plated ware, and

fabricated metal coating, engraving and allied services.

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping

The Permittee shall describe and implement measures for controlling or recovering scrap metals, fines, and metal dust.  The Permittee shall include measures for containing materials within storage handling areas. 

The Permittee shall describe and implement measures for storage of metal working fluids.

Inspections

The Permittee shall inspect, in accordance with permit part III, the following areas:

areas associated with spent solvents,

chemical storage areas, and

outdoor paint areas.

In addition to the inspection requirements outlined in Part III.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance

The Permittee shall describe and implement measures to prevent or minimize exposure of paint and painting equipment to stormwater.

Spills and Leaks

When listing significant past spills and leaks, the Permittee shall pay attention to the following materials:

chromium, toluene, pickle liquor, sulfuric acid, zinc and other water priority chemicals, and

hazardous chemicals and wastes.

The Permittee shall describe and implement measures to control and clean up spills of solvents and other liquid cleaners, control sand buildup and disbursement from sand-blasting operations, and prevent exposure of recyclable wastes including rinse waters.

The Permittee shall use monitoring equipment or other devices to detect and control leaks and overflows of lubricating oil and hydraulic Fluid Operations. The Permittee shall install perimeter controls, or equivalent measures.

Management of Runoff (No additional requirements)

Other Stormwater Control Measures (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify where any of the following may be exposed to stormwater:

raw metal storage areas;

finished metal storage areas;

scrap disposal collection sites;

retention and detention basins;

temporary and permanent diversion dikes or berms;

right-of-way or perimeter diversion devices;

sediment traps and barriers;

processing areas, including outside painting areas;

wood preparation;

recycling; and

raw material storage.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources

The Permittee shall describe the following additional sources that have potential pollutants associated with them.  Potential pollutants include chromium, zinc, lubricating oil, solvents, aluminum, oil and grease, methyl ethyl ketone, steel, and related materials.

operations for paints, chemicals, and scrap metals;

outdoor manufacturing or processing activities such as grinding, cutting, degreasing, buffing, and brazing; and

onsite waste disposal practices for spent solvents, sludge, pickling baths, shavings, ingot pieces, and refuse and waste piles.

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements.

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table AA-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Fabricated Metal Products, (SIC 3411-3499; 3911-3915) (except SIC 3479)
Total aluminum
1.5 mg/l 4
Total iron
1.0 mg/l3
Total zinc
0.234 mg/l 2
TSS
100 mg/l3
Fabricated Metal Coating and Engraving (SIC 3479)
Total zinc
0.234 mg/l 2
TSS
100 mg/l3
Benchmark applicable to surface water discharge.
FAV 2A Based on a hardness of 100 mg/l in the discharged stormwater. See appendix B.
Technology based standards using BPJ.
FAV 2A .  See appendix B.

Use of Infiltration for Stormwater Treatment and Disposal

Sector AA Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

AB.    Sector AB - Transportation Equipment, Industrial and Commercial Machinery

Authorized Stormwater Discharges

The requirements in Sector AB apply to stormwater discharges associated with industrial activity from transportation equipment, industrial or commercial machinery facilities as identified by the Industrial Acitivity Code specified in Appendix D.

Industrial Activities Authorized by Sector AB

Permittees under Sector AB are primarily engaged in the following types of activities:

manufacturing engines and turbines,

manufacturing farm and garden machinery and equipment,

manufacturing construction, mining, and materials handling machinery and equipment, 

manufacturing metalworking machinery and equipment,

manufacturing special industry machinery, except metalworking machinery,

manufacturing general industrial machinery and equipment,

manufacturing refrigeration and service industry machinery,

manufacturing miscellaneous industrial and commercial machinery and equipment,

manufacturing motor vehicles and motor vehicle equipment,

manufacturing aircraft and parts,

manufacturing motorcycles, bicycles, and parts,

manufacturing guided missiles and space vehicles and parts, and

manufacturing miscellaneous transportation equipment.

Limitation on Authorization (No additional limitations)

Sector Specific Definitions (No additional limitations)

Stormwater Controls

Employee Training (No additional requirements)

Erosion and Sedimentation Controls (No additional requirements)

Good Housekeeping (No additional requirements)

Inspections

In addition to the inspection requirements outlined in Part III.B, the Permittee shall conduct two (2) of the monthly inspections during runoff events.  One of the inspections shall be performed during a snow melt runoff event.  Each inspection shall include a visual assessment of the runoff to identify any visible sheens or films that indicate the presence of oil or grease in the discharge.  If sheens are present in stormwater discharges,  corrective actions to prevent sheen shall be implemented and documented in the SWPPP.

The Permittee is only required to conduct visual inspections of runoff originating from, or passing through, areas of industrial activity and/or significant materials.  Any runoff that does not contact industrial activity and/or significant materials (e.g. office buildings, parking lots, natural areas, etc) is not required to be inspected.

Preventative Maintenance (No additional requirements)

Spills and Leaks (No additional requirements)

Management of Runoff (No additional requirements)

Other Stormwater Control Measures (No additional requirements)

Stormwater Pollution Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other requirements of the permit.

Facility Map

The Permittee shall identify where any vents and stacks from metal processing and similar operations are exposed to stormwater.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutant Sources (No additional requirements)

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the Permittee shall monitor the applicable parameters, below:

Table AB-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration1
Transportation Equipment, Industrial, or
Commercial Machinery (SIC 3511-3599, except
3571-3579, 3711-3799, except 3731and 3732)
TSS
100 mg/l2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ

Use of Infiltration for Stormwater Treatment and Disposal

Sector AB Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

AC.    Sector AC - Electronic and Electrical Equipment and Components

Authorized Stormwater Discharges

The requirements in Sector AC apply to stormwater discharges associated with industrial activity from facilities that manufacture electronic and electrical equipment and components, photographic and optical goods as identified by the Industrial Activity Code specified in Appendix D.

Industrial Activities Authorized by Sector AC

Permittees under Sector AC are primarily engaged in the following types of activities:

measuring, analyzing, and controlling instruments, photographic and optical goods, watches and clocks;

computer and office equipment; and

electronic and electrical equipment and components.

Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements

In addition to the following requirements, the Permittee shall also comply with the other applicable requirements of the permit.

Facility Map

The Permittee shall identify where any of the following may be exposed to stormwater:

finished metal storage areas;

scrap disposal collection sites;

retention and detention basins;

temporary and permanent diversion dikes or berms;

right-of-way or perimeter diversion devices;

sediment traps and barriers;

processing areas, including outside painting areas; and

recycling areas.

Inventory of Exposed Materials (No additional requirements)

Potential Pollutants (No additional requirements)

Description of Stormwater Controls (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the permittee shall monitor the applicable parameters, below:

Table AC-1

Sector-specific Benchmark Monitoring Values.
Discharges may be subject to requirements for more than one sector or sub-sector.

Subsector
Parameter
Benchmark Concentration 1
Electronic, Electrical, Photographic,and Optical Goods (SIC 3571-3579, 3812-3873)

TSS
100 mg/l3
Electronic and Electrical Equipment and Components, except Computers (SIC 3612-3699)

TSS
100 mg/l3
copper
0.028 mg/l 2
lead
0.164 mg/l 2
Benchmark applicable to surface water discharge.
FAV 2A Based on a hardness of 100 mg/l in the discharged stormwater. See appendix D.
Technology based standards using BPJ.

Use of Infiltration for Stormwater Treatment and Disposal

Sector AC Industrial facilities are authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

Electronic, Electrical, Photographic,and Optical Goods (SIC 3571-3579, 3812-3873), and

Electronic and Electrical Equipment and Components, except Computers (SIC 3612-3699)

AD.  Sector AD – Stormwater Discharges Designated by the Commissioner as Requiring Permits.
 
The permittee shall comply with the requirements of sector AD.  The sector-specific requirements apply to those areas of the facility where activities and materials are exposed to stormwater.  These sector-specific requirements are in addition to any requirements specified elsewhere in this permit.  Those facilities subject to sector AD can be found in Appendix D.
 
Authorized Stormwater Discharges.
 
Sector AD is used to provide industrial stormwater permit coverage for facilities designated by the commissioner as needing a stormwater permit, and any discharges of stormwater associated with industrial activity that do not meet the description of an industrial activity covered by Sectors A-AC.
 
Industrial Activities Authorized By Sector AD

Because this sector is primarily intended for use by discharges designated by the commissioner as needing a stormwater permit, the permittee shall obtain the commissioners written authorization to use this permit prior to submitting an application. 
 
Limitations on Authorization (No additional limitations)

Sector Specific Definitions (No additional definitions)

Stormwater Controls (No additional requirements)

Stormwater Pollution Prevention Plan (SWPPP) Requirements (No additional requirements)

Monitoring and Reporting Requirements

In accordance with the monitoring requirements of Part V, the permittee shall monitor the applicable parameters, below:

Table AD-1

Sector-specific Benchmark Monitoring Values.

Sector AD
Parameter
Benchmark Concentration 1

TSS
100 mg/l2
Benchmark applicable to surface water discharge.
Technology based standards using BPJ

Use of Infiltration for Stormwater Treatment and Disposal

Sector AD Industrial facilities authorized to use designed infiltration for stormwater management.  See appendix C for requirements.

PART VIII.    GENERAL PROVISIONS

Incorporation by Reference

This permit incorporates by reference the applicable portions of 40 CFR Parts 122, 123, and 124; Minn. R. chs. 7001, 7050, and 7090; and Minn. Stat. chs. 115 and 116 which are enforceable parts of this permit.

Liabilities

The Agency’s issuance of this permit does not release the Permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit.  (Minn. R. 7001.0150, subp. 3.A)

More Stringent Rules

The Agency’s issuance of this permit does not prevent the future adoption by the Agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the Permittee.  (Minn. R. 7001.0150, subp. 3.B)

Property Rights

This permit does not convey a property right or an exclusive privilege.  (Minn. R. 7001.0150, subp. 3.C)

Agency Obligation

The Agency’s issuance of this permit does not obligate the Agency to enforce local laws, rules, or plans beyond what is authorized by Minnesota statutes.  (Minn. R. 7001.0150, subp. 3.D)   

Compliance

The Permittee shall perform the actions or conduct the activity authorized by this permit in accordance with the plans and specifications approved by the Agency, if required, and in compliance with the conditions of the permit.  (Minn. R. 7001.0150, subp. 3.E)

Toxic Pollutant Discharge

Notwithstanding the absence in this permit of an effluent limitation for any toxic pollutant, the Permittee shall not discharge a toxic pollutant except according to 40 CFR Parts 400 to 460 and Minn. R. 7050.0100 to 7050.0220 and 7055.0010 to 7055.0120, and any other applicable Agency rules.  (Minn. R. 7001.1090, subp. 1.A)

Operation and Maintenance

The Permittee shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the Permittee to achieve compliance with the conditions of the permit.  Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.  The Permittee shall install and maintain appropriate backup of auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible.  (Minn. R. 7001.0150, subp. 3.F)

Criminal Activity

The Permittee may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the Agency or to the Commissioner by the permit.  The Permittee shall immediately upon discovery report to the Commissioner an error or omission in these records, reports, plans, or other documents.  (Minn. R. 7001.0150, subp. 3.G)

Noncompliance

If the Permittee discovers, through any means, including notification by the Agency, that noncompliance with a condition of the permit has occurred, the Permittee shall take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from the noncompliance.  (Minn. R. 7001.0150, subp. 3.J)

Subject to Enforcement Action and Penalties

Noncompliance with a term or condition of this permit subjects the Permittee to penalties provided by federal and state law set forth in section 309 of the Clean Water Act, United States Code, title 33, section 1319 as amended, and in Minn. Stat. § 115.071, including monetary penalties, imprisonment, or both.  (Minn. R. 7001.1090, subp. 1.B)

Records

The Permittee shall, when requested by the Commissioner, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility authorized by the permit or regarding the conduct of the activity authorized by the permit.  (Minn. R. 7001.0150, subp. 3.H)

Confidential Information

Except for any records or other information determined to be confidential under Minn. Stat. § 116.075, subd. 2, all reports required by this permit shall be available for public inspection.  In order to maintain data for confidential use of the Agency, pursuant to Minn. Stat. § 116.075, or as nonpublic data not on individuals or private data as it relates to individuals, pursuant to Minn. Stat. § 13.37, a person must affirmatively request such recognition by providing to the Commissioner a written request setting forth the statutory grounds and the reasons that justify the classification of the records or other information as not public.  (Minn. R. 7000.1300, subp. 1)

Inspection and Entry

When authorized by Minn. Stat. §§ 115.04; 115B.17, subd. 4; and 116.091, and upon presentation of proper credentials, the Agency, or an authorized employee or agent of the Agency, shall be allowed by the Permittee to enter at reasonable times upon the property of the Permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility authorized by the permit or pertaining to the activity authorized by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility authorized by the permit or pertaining to the activity authorized by the permit.  (Minn. R. 7001.0150, subp. 3.I)

Transfer of Ownership or Control

This permit is not transferable to any person without the express written approval of the Agency after compliance with the requirements of Minn. R. 7001.0190.  A person to whom the permit has been transferred shall comply with the conditions of the permit.  (Minn. R. 7001.0150, subp. 3.N)

Liability Exemption

This permit authorizes the Permittee to perform the activities described in this permit under the conditions of the permit.  In issuing this permit, the State and Agency assume no responsibility for any damage to persons, property or the environment caused by the activities of the Permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under this permit.  To the extent the State and Agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Torts Claim Act, Minn. Stat. § 3.736.  (Minn. R. 7001.0150, subp. 3.O)

Civil and Criminal Liability

Nothing in this permit shall be construed to relieve the Permittee from civil or criminal penalties for noncompliance with the terms and conditions provided herein.  Nothing in this permit shall be construed to preclude the initiation of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. chs. 115 and 116, as amended, and any rules adopted thereunder.

Severability

The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby.

APPENDIX A.    SPECIAL REQUIREMENTS

General Requirements

All requirements of Appendix A are in addition to any requirements already specified in this permit. 

The permittee shall document and implement all appropriate changes to the SWPPP, including all industrial stormwater BMPs used to comply with Appendix A, in accordance with the documentation, conclusions and other measures required in this Appendix.

If the terms and conditions of Appendix A cannot be met, the Permittee is not authorized to discharge industrial stormwater under this permit.  The Permittee must notify the Agency and seek coverage under an individual NPDES/SDS permit in accordance with Minn. R.ch.7001.

Specific Requirements for Industrial Facility Discharges Regulated Under Minn. R. 7050.0185, Nondegradation For All Waters.

The Permittee of a facility that meets the criteria below shall comply with F.1.   

The industrial facility is eligible for authorization under Part I of this permit, and

On or after January 1, 1988, the Permittee;

Commenced discharging industrial stormwater from areas of industrial activities and/or significant materials that the Permittee has calculated as 90 or more acres, or

Has expanded the acreage of industrial stormwater runoff from industrial activities and/or significant materials by 90 or more acres.

The Permittee’s determination of acreage shall be calculated by assessing all acreage within the industrial facility property boundary that potentially discharges stormwater that comes into contact with industrial activities and/or significant materials.  The calculation does not include acreage not having the potential to discharge industrial stormwater (e.g. natural and landscaped areas, parking lots, and office buildings, etc).

Specific Requirements For Industrial Facility Discharges Regulated Under Minn. R. 7050.0180, Nondegradation For Outstanding Resource Value Waters.

Industrial facilities are not authorized to discharge industrial stormwater to the outstanding resource value waters listed under Part C of this appendix unless the Permittee complies with all terms and conditions of this permit, including the applicable elements of Part F of Appendix A.  Appendix A, Part C, applies to any industrial facility that has a discharge location from which a discharge flows to, and is within one mile of, the outstanding resource value water, if after the effective date the outstanding resource value water was designated, the industrial facility either:

Commenced discharging industrial stormwater, or 

Changed industrial stormwater discharges in a manner (location, volume, or any other manner) such that an increase in one or more pollutants has occurred.

Restricted Discharges as defined in Minn. R. 7050.0180, subp. 6, 6a, and 6b.

Lake Superior, except those portions identified as a prohibited discharges zone. 

The Permittee shall comply with F.2. 

The Mississippi River, those portions of from Lake Itasca to the southerly boundary of Morrison County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981. 

The Permittee shall comply with F.2. 

Lake trout lakes, identified in Minn. R.   HYPERLINK "https://www.revisor.leg.state.mn.us/rules?id=7050.0460" 7050.0460 to  HYPERLINK "https://www.revisor.leg.state.mn.us/rules?id=7050.0470" 7050.0470.  

The Permittee shall comply with F.2, and F.3. 
 
Federal or state designated scenic or recreational river segments: Saint Croix river, entire length; Cannon River from northern city limits of Faribault to its confluence with the Mississippi River; North Fork of the Crow River from Lake Koronis outlet to the Meeker-Wright county line; Kettle River from north Pine County line to the site of the former dam at Sandstone; Minnesota River from Lac qui Parle dam to Redwood County state aid highway 11; Mississippi River from county state aid highway 7 bridge in Saint Cloud to northwestern city limits of Anoka; and Rum River from state aid Highway 27 bridge in Onamia to Madison and Rice streets in Anoka.
 
The Permittee shall comply with F.2. 

Calcareous fens as identified in Minn. R. 7050.0180 subp. 6b.
 
The Permittee shall comply with F.2, and F.5.

Special Requirements For Industrial Facilities That Have An Industrial Stormwater Discharge Location from which a discharge flows to, And Is Within One Mile of, Trout streams and trout lakes listed in Minn. R. 7050.0470.

The Permittee shall comply with F.2, and F.3. 

Special Requirements For Industrial Facilities That Have An Industrial Stormwater Discharge Location from which a discharge flows to, And Is Within One Mile of, Wetlands as defined in Minn. R. 7050.0186, subp 1a.B.

The Permittee shall comply with F.1 and F.4. 

Additional Required Best Management Practices (BMPs)

If the Permittee cannot certify a condition of no exposure as described in Part I.I, the permittee shall comply with the appropriate requirements below.

The Permittee shall develop and implement stormwater control measures, including BMPs, that minimize impacts to all waters, and protects and maintains the existing beneficial use of all waters as described in Minn. R. 7050.0185.

The SWPPP shall contain the following components;

A selection of industrial stormwater volume reduction and/or pollutant concentration reduction BMPs, designed to minimize impacts to all waters (including wetlands), and protect and maintain the existing beneficial use of all waters (including wetlands).  The SWPPP shall include necessary calculations to demonstrate the effectiveness of the chosen BMPs in reducing volume and/or pollutant concentrations.  BMP options the Permittee can consider for this purpose include, but are not limited to, removing industrial activities and/or significant materials from contact with rain or snowmelt, re-use of industrial stormwater, stormwater ponding, infiltration, filtration, porous pavement, constructed wetlands, evaporation, evapotranspiration, etc).

A narrative discussion describing how the Permittee will ensure the BMPs used will be monitored and maintained, long term, to ensure the facility will continue to protect and maintain the existing beneficial use of all waters (including wetlands).

The Permittee shall develop and implement stormwater control measures, including BMPs, that restrict the facility industrial stormwater discharges to the extent necessary to preserve the existing high quality, or to preserve the wilderness, scientific, recreational, or other special characteristics that make the water an outstanding resource value water.

The SWPPP shall contain the following components;

A selection of industrial stormwater volume reduction and/or pollutant concentration reduction BMPs, designed to restrict industrial stormwater discharges to the designated water.  The SWPPP shall include necessary calculations to demonstrate the effectiveness of the chosen BMPs in reducing volume and/or pollutant concentrations.  BMP options the Permittee can consider for this purpose include, but are not limited to, removing industrial activities and/or significant materials from contact with rain or snowmelt, re-use of industrial stormwater, stormwater ponding, infiltration, filtration, porous pavement, constructed wetlands, evaporation, evapotranspiration, etc).

A narrative discussion describing how the Permittee will ensure the BMPs used will be monitored and maintained, long term, to ensure the industrial facility will sustain restricted industrial stormwater discharges.

The Permittee shall design and implement BMPs specifically for water quality protection of trout streams and trout lakes from excess turbidity, Total Suspended Solids, Phosphorus and temperature increases.  Any associated calculations and design details shall be included with the SWPPP, as required by F.2.

The Permittee shall comply with the requirements of Minn. R. 7050.0186, WETLAND STANDARDS AND MITIGATION.

The Permittee shall seek approval from the Minnesota Department of Natural Resources (MnDNR) for all discharges to a Calcareous Fen.  Any approved management plan and/or the Permittees petition to seek approval from the DNR shall be kept with the SWPPP or as a separate document.

APPENDIX B.    CALCULATING HARDNESS IN RECEIVING WATERS FOR HARDNESS DEPENDENT METALS

Overview

The MPCA allows adjustment of benchmark values for seven hardness-dependent metals (i.e., cadmium, copper, lead, nickel, silver, Chromium +3 and zinc) to provide flexibility in compliance with water quality standards.  For any sector required to conduct benchmark monitoring for a hardness-dependent metal, the MPCA includes ‘hardness ranges’ from which benchmark values can be determined.  The Permittee has the option to use the default value of 100 mg/l total hardness or to use another range if that is appropriate for the industrial stormwater discharge.  To determine which hardness range to use, the Permittee must collect data on the hardness of the industrial stormwater discharge.  Once the site-specific hardness data have been collected, the corresponding benchmark value for each metal is determined by comparing where the hardness data fall within 25 mg/L ranges, as shown in Table 2.

Table 2.

Hardness Ranges to Be Used to Determine Benchmark Values for Cadmium, Copper, Lead, Nickel, Silver, and Zinc.
All Units mg/L
Benchmark Values (mg/L, total)
Cadmium ChromiumCopper Lead NickelSilver Zinc Default ≤100 mg/L .00783.5.028.16.94.0041.23≤100-125 mg/L .0093.8.031.191.00.005.26>125-150 mg/L .0114.5.048.253.7.007.31>150-175 mg/L .0145.2.056.304.3.0094.35>175-200 mg/L .0165.8.064.364.8.012.40>200-225 mg/L .0186.4.072.435.4.015.44>225-250 mg/L .0217.1.080.495.9.018.49Max>250+ mg/L .0227.4.084.536.2.020.51
How to Determine Hardness for Hardness-Dependent Parameters.

If the Permittee chooses to determine hardness, the Permittee shall document the procedures used for determining hardness values.  Samples taken with the benchmark data are recommended because they will be representative of the actual monitored data.  Statistical analysis of the hardness is encouraged if the Permittee has existing data over several year cycles.  Once the hardness value is established, the Permittee is required to include this information with the stormwater monitoring report so that the Agency can make appropriate comparisons between the benchmark monitoring results and the corresponding benchmark value.  The Permittee shall retain all reports and monitoring data in accordance with Part II.C of the permit.

Permittee Samples for Discharge Hardness
 
This method involves collecting samples in the industrial stormwater discharge and submitting the data to a laboratory for analysis.  Hardness must be sampled and analyzed using approved methods as described in 40 CFR Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants).

Total hardness, carbonate hardness, and noncarbonate hardness; or the discrete measurements of calcium and magnesium can be used to calculate hardness.  Hardness data historically has been reported as “carbonate,” “noncarbonate,” or “Ca + Mg.”  If these are unavailable, then individual results for calcium (Ca) and magnesium (Mg) may be used to calculate hardness using the following equation:  mg/L CaCO3 = 2.497 (Ca mg/L) + 4.118 (Mg mg/L).

When interpreting the data for carbonate and non-carbonate hardness, note that total hardness is equivalent to the sum of carbonate and noncarbonate hardness if both forms are reported.

APPENDIX C.    DESIGN AND OPERATIONAL REQUIREMENTS FOR INDUSTRIAL STORMWATER INFILTRATION AND PONDING BMPs

This appendix addresses requirements for industrial storm water infiltration systems, as defined in Appendix E, and ponding.  All requirements of Appendix C are in addition to any requirements otherwise specified in this permit.

Part I.    Infiltration Requirements

General Requirements

For sectors where stormwater infiltration is not prohibited in the sector specific requirements, the stormwater system can utilize infiltration as part of a treatment system, provided the infiltration system meets the requirements in this Appendix.

The Permittee shall incorporate all necessary and reasonable BMPs to protect ground water prior to discharge to the infiltration system. 

The Permittee shall monitor, operate and maintain all infiltration systems as required by this permit including all applicable specific requirements of this Appendix C.

The Permittee shall describe the infiltration system(s) design and all appropriate monitoring, operational and maintenance measures in the SWPPP.

The Permittee shall ensure that all sector or sub-sector activities discharging to an infiltration system meet all the applicable requirements of the permit, and any restrictions in the sector or sub-sector specific requirements. 

Monitoring of benchmark values or effluent limits is required as applicable to the sector or activity.  Infiltration does not remove the need to conduct any required benchmark or effluent monitoring except as provided in part E, below.

Proper equipment, access, and training for responsible staff must be provided for operation and maintenance of infiltration systems, such as infiltration beds, outlets, containment walls, pipes, and sediment collection areas.

Permittees building new infiltration systems or upgrading existing infiltration systems after receiving authorization under this permit shall design the infiltration system in accordance with Parts C and D of this Appendix.

Authorized Infiltration

Precipitation on the Permittee’s property which naturally infiltrates on the site, and therefore does not collect into runoff to be directed into an infiltration system or other industrial stormwater collection system does not require benchmark monitoring.  Appropriate preventative Best Management Practices (BMPs) must still be implemented to protect groundwater. 

Unless the Permittee is prohibited from using infiltration systems, stormwater may be used in properly operated and signed non potable water systems to be placed onto impervious surfaces like haul roads for dust suppression, or used for irrigation, or other accepted uses, provided BMPs are used to prevent any secondary impacts.  Secondary impacts include, but are not limited to, human health effects, erosion, flooding, sedimentation or buildup of potential contaminants (e.g. metals, oil or grease) that may be particular to the permitted facility.  The application of stormwater to these locations and for these purposes is solely limited to collected stormwater.  The Permittee shall implement pretreatment, such as trash removal, ponding, or oil skimmers, etc. as appropriate for the intended uses.

Infiltration systems must be designed in accordance with Appendix C, Part I.C. and D, or the permittee with non compliant systems must conduct an analysis of reasonable and practical measures to protect ground water that can be incorporated into the SWPPP.  The permittee with a non compliant system must consider all available measures to protect ground water including, at minimum: obtaining a no exposure waiver, providing an infiltration system upgrade or closure of the infiltration system.  The analysis shall include a schedule for implementing new or upgraded infiltration systems and/or other structural or procedural BMPs.  The permittee shall make a determination of which measures are reasonable and practical and shall incorporate the analysis and determination into the SWPPP. 

 Limitations on Authorization

Infiltration systems located in areas where high levels of contaminants (such as plumes from spills or contaminant releases) exist must not contribute to contaminant(s) spreading to a greater extent or rate.  A professional site analysis shall be conducted and a report filed with the SWPPP.  If the infiltration system is found to be a contributor to contaminant movement, the permittee shall eliminate the problem contaminants, or redesign, relocated or seal the pond to eliminate the enhanced movement within one year of authorization under this permit.  If discovered at a later time these option shall be implemented within one year of discovery.  This requirement does not reduce or eliminate more stringent requirements that may be imposed by other regulatory programs. 

Stormwater in process ponds, rerouted or recycled to aggregate wash water systems, and the recycling and reuse in process wastewater systems is authorized, but permittees are prohibited from discharging this rerouted or recycled water as stormwater under this permit.  Stormwater recycled and reused within any process water is thereafter defined as wastewater and cannot be subsequently discharged as stormwater under this permit.

Infiltration systems shall not be used in any known karst area unless a professional geotechnical evaluation is conducted to assure that the infiltration system in a karst formation does not present a significant risk to ground water. (See the Minnesota Storm Water Manual for specific information on this process.)

Permittees with infiltration systems defined as an EPA Class V injection well shall contact the EPA Region V to determine the appropriate action (e.g. register as a Class V injection well).  Refer to the EPA Underground Injection Well Program for the definitions and complete registration process.  Contacts and EPA response shall be documented in the SWPPP.

Infiltration in vulnerable wellhead protection areas must be coordinated with local drinking water authorities and must be designed so as not to affect drinking water supplies.  Coordination efforts shall be documented in the SWPPP.

Design Criteria for New and Upgraded Infiltration Systems

Permittees installing new or upgrading existing infiltration systems shall design and upgrade the system in accordance with this appendix Parts C and D and accepted engineering practices.  For the MPCA, “accepted practices” generally means the applicable portions of the Minnesota Stormwater Manual (Chapter 12-8 and other parts).  Other applicable technical sources can be used as appropriate (such as the of the MPCA “Guidance and Requirements for Rapid Infiltration Basin Wastewater Treatment Systems”).  Documentation that the infiltration system is designed or upgraded in accordance with this requirement must be retained in the SWPPP.  The following are generally accepted minimum measures which are appropriate in many situations, but site-specific adaptations must be implemented as required to meet accepted engineering practices and for the protection of ground water resources. The following criteria should generally be considered the least stringent acceptable values; implementation of less stringent values must be justified by a report in the SWPPP submitted by a registered professional: 

Infiltration systems shall be designed and operated such that the infiltration system does not increase the potential for ground water contamination due to any subsurface or soil contaminants remaining from previous spills or contaminant releases.  This permit does not relieve the Permittee of any responsibility under other regulated and voluntary investigation and cleanup site programs. 

The systems shall infiltrate at a long term expected rate of 0.2 to (1.63) inches per hour. 

The entire storage volume for the infiltration system shall be infiltrated within 48 hours.  The system shall provide a bypass or overflow with a stabilized discharge point for flows that the system cannot infiltrate in that time.  The design volume to be infiltrated must not be reduced or otherwise affected by overflow or bypass.

Infiltration systems shall have suitable soils to provide treatment at the long term infiltration rate.  (See the Minnesota Stormwater Manual for detailed information)

Infiltration systems shall have any necessary pretreatment needed to prevent clogging. 

Testing to assure that the infiltration system stormwater storage area shall have at least 3 ft of separation to either groundwater or to the soil elevation leaving evidence of seasonally saturated soils (whichever is least), and 10 feet to fractured bedrock.  Testing shall be based on the appropriate testing recommendations of the Minnesota Stormwater Manual or equivalent professional sources.

Benchmark Monitoring Waiver

A benchmark monitoring waiver is allowed for an infiltration system that meets the requirements for new or upgraded infiltration systems in part D and meets the following design criteria.  Should a bypass or overflow of stormwater from the infiltration system occur for storm events that exceed the design capacity specified in E.1, no benchmark monitoring is required. 
(Note: This part does not exempt the permittee from conducting effluent monitoring of discharges as required by Part VI.  Any sector, subsector or activity specific effluent limits monitoring must be conducted upon overflow of the infiltration system, as applicable.)

Benchmark monitoring exempt infiltration systems must be designed in accordance with Appendix C, Part I.D, and be designed and operated to provide an infiltration storage volume that will infiltrate the entire volume of runoff, up to and including the 1-year, 24 hour storm event, within 48 hours.  The volume of runoff calculation shall be based on US Weather Bureau Technical Paper 40 (USWB TP 40) and the runoff characteristics of the infiltration system watershed. 

Benchmark monitoring exempt infiltration systems must be designed with an overflow structure to accommodate stormwater exceeding the design event (the 1-year 24 hour storm event).  The design volume to be infiltrated must not be reduced or otherwise affected by the high flow bypass or diversion.  Any overflow and diversion must be stabilized.

The design basis for meeting the criteria for a waiver from benchmark monitoring under this Part must be documented in the SWPPP.

Operation and Maintenance Requirements for All Infiltration Systems

The infiltration system shall be maintained and operated to maximize the operation’s effectiveness and efficiency.

The infiltration system shall be designed to allow for maintenance including periodic removal of solids, as necessary, without compaction or other actions which would cause loss of infiltration effectiveness.

The infiltration system shall be maintained to sustain the design capacity, which is the design storm event infiltration volume and rate.

The infiltration system shall be visually inspected after all rainfall events for 30 days after completion of construction, and then in accordance with inspection requirements outlined in Part IV of the permit, to assure that infiltration is occurring at the appropriate rate and the system is operating correctly.

Access, equipment, and training for responsible staff must be provided for operation and maintenance of the infiltration systems.

All design assumptions, methods, tests, calculations and monitoring shall be kept in the SWPPP.

All monitoring, maintenance and operational procedures shall be recorded and maintained in the SWPPP. 

Part II.  Industrial Storm Water Pond Design Requirements

General requirements:

Whenever stormwater is treated using Industrial Stormwater Ponds, the Permittee shall design operate and maintain the pond to meet the applicable benchmark values and/or effluent limits.

New or upgraded Industrial Stormwater Pond design shall be consistent with accepted engineering practice and shall meet the specific requirements for infiltration or design for benchmark monitoring exemptions, as applicable to the Permittees sector, sub-sector, or site specific conditions. 

Existing industrial pond systems must be designed in accordance with Appendix C, Part II. B and C., or the permittee must conduct an analysis of reasonable and practical measures that can be incorporated into the SWPPP to protect surface and ground water.  The permittee with a non compliant system must consider all available measures to protect surface and ground water including, at minimum, no exposure and system upgrading.  The analysis shall include a schedule for implementing new or upgraded systems and/or other structural and/or procedural BMPs.  The permittee shall determine which measures are reasonable and practical and shall incorporate the analysis and determinations into the SWPPP. 

Access, equipment, and training for responsible staff must be provided for operation and maintenance of structures such as inlets, outlets, pond walls, pipes, and sediment collection areas. 

Limitations on Authorization

Any stormwater used as process water is defined as non-stormwater, and is not authorized to be discharged under this permit.  (Permittees may use or recycle stormwater to Industrial Stormwater Ponds, or to certain washwater systems, such as aggregate, where the recycling and reuse in process wastewater systems is authorized.  However, stormwater used as process water is not authorized to be discharged under this permit.)

Site Specific Limitations

Ponds located in areas where high levels of contaminants (such as plumes from spills or contaminant releases) exist must not contribute to contaminant(s) spreading to a greater extent or rate.  If high contaminant levels exist, a professional site analysis shall be conducted and a report filed with the SWPPP.  If the pond is found to be a contributor to contaminant movement, the permittee shall eliminate the problem contaminants, or redesign, relocated or seal the pond to eliminate the enhanced movement within one year of authorization under this permit.  If discovered at a later time these option shall be implemented within one year of discovery.  This requirement does not reduce or eliminate more stringent requirements that may be imposed by other regulatory programs. 

Ponds shall not be located in any known karst area unless a professional geotechnical evaluation is conducted to assure that the pond does not present a significant risk in the karst formation at the industrial facility.  Evaluations shall be documented in the SWPPP. (See the Minnesota Storm Water Manual for specific information on this process.)

Ponds in vulnerable wellhead protection areas must be constructed in coordination with local drinking water authorities and must be designed so as not to affect drinking water supplies.  Coordination efforts shall be documented in the SWPPP.

Design Criteria:

The basic requirement of this permit is that the permittee must meet the applicable benchmark values and/or effluent limits.  Alternative methods of meeting the benchmark values or effluent limits are allowed.  Three methods are described: detention volume control, outlet overflow rate, or controlled release rate.  Other methods may be acceptable if justified.  If deviation from these criteria can be justified through a professional analysis, the deviation may be allowed.  The analysis and basis for compliance must be documented in the SWPPP.. 

Minimum Detention Requirements for all Ponds

All ponds must have a permanent pool of water below the outlet.  At minimum, a permanent storage volume of ½ inch of runoff from the entire watershed to the Industrial Stormwater Pond must be provided below the outlet.

Permanent storage volume depth must be designed with a minimum of 3 feet and an average pond depth of 3 to 6 feet.  The design depth should be adjusted for the expected flow and contributing pollutants to eliminate scour and re-suspension of settled solids.  The maximum depth could be adjusted from 4 to 10 feet, but preferably not more than 6 to 8 feet. 

The Industrial Stormwater Pond system shall be designed, maintained and operated, in accordance with accepted engineering practice, to meet the applicable benchmark values and maximize operation effectiveness and efficiency.

The Industrial Stormwater Pond structures, bypasses, dams, dikes and/or retaining walls shall be stable under high flow conditions.

The pond shall be designed to eliminate re-suspending of sediment at high flows up to the 10 year 24 hour storm event (based on USWB TP 40).

Skimmers, screens or equivalent collection devices shall be incorporated into the outlets so that floatable materials will not be discharged.

Methods to eliminate short circuiting, scour, and floatable discharges, such as pond 3 to 1 length to width, deepening of inlet and outlet areas or other designs which minimize flow velocity and maximize flow surface area utilization, shall be implemented. 

Detention Volume Control Pond Option.  The detention time may be increased by increasing the volume of the pond below the outlet as needed to meet the benchmark values or effluent limits.  The minimum detention below the outlet shall be the volume of runoff from a 1 year 24 hour storm event from the entire watershed to the pond.  A professional analysis of detention needed to meet the benchmarks values shall be conducted and included with the SWPPP.

Outlet Control Options.  The pond must be designed with at least a minimum permanent storage (½ inch from the entire pond watershed) and an outlet designed with a surface overflow settling rate calculated to meet the applicable benchmark value(s) or effluent limits:

The overflow rate shall be based on the benchmark values or effluent limit requirement to be met and the particle size and density matching the required removal for the expected particle size distribution and density (settling rate).  The maximum overflow rate for this design shall be 5.66 cfs per acre of effective pond settling surface area. 

Calculations, based on settling velocity of the design overflow rate shall be calculated based on the effective settling surface area of the Industrial Stormwater Pond times the settling rate.  (e.g. Area in feet squared times the settling rate in feet per second = cubic feet per second)

The outlet controls shall be designed, at minimum, to release runoff from any event up to the 2-year 24 hour event, based on USWB TP 40 and runoff conditions to the pond, at no more than the calculated overflow rate. 

The method of Industrial Stormwater Pond design, operation, and maintenance based on overflow rate shall be documented in the SWPPP.

4.  Controlled Release Option.  Controlled release is an operational method where the releases must be conducted in a controlled manner usually under an operators control. 

A method of operation shall be described in detail which demonstrates the basis for assuring that the operational method will meet the benchmark values and effluent limits.

The pond must, at minimum, be designed to contain the minimum volume below the outlet (1/2 inch) and a control release volume of runoff from the 2-year 24 hour event. 

In order to provide additional storage for new events, the storage volume of runoff from the 2-year 24 hour event must be able to be released within 72 hours, in a manner which will meet the benchmark values and effluent limits.

The basis of operational procedure must be documented in the SWPPP by the permittee, and the person responsible for the operation shall be named.

Benchmark Monitoring Waiver

Benchmark Monitoring is not required (but Effluent monitoring, if applicable, is still required) for Industrial Stormwater Ponds designed and operated in accordance with all other requirements of this permit and appendix, but specifically designed to meet the following:
 
A permanent dead storage volume below the outlet that is equal to or exceeding the runoff volume which would result from the 2-year, 24 hour rainfall event, based on USWB TP 40); and,

Outlet controls or controlled release designed and/or operated to meet benchmark values or effluent limits up to the 2-year 24 hour storm event (at maximum an overflow rate of 5.66 cfs per acre of pond effective surface area). 

Controls for flows above the design containment volume (2 year 24 hour storm volume), that, at minimum, will not re-suspend sediments or otherwise disrupt settling processes up to the 10 year 24 hour storm event.

  The basis of operational procedure must be documented by the permittee, in the SWPPP.

Operation and Maintenance

The Industrial Stormwater Pond system shall be maintained and operated so as to sustain the design capacity and to maximize treatment

The Industrial Stormwater Pond system shall be configured to allow for maintenance including periodic removal of solids, as necessary.

The Industrial Stormwater Pond shall be inspected after each runoff event.  Debris and sediment or other waste shall be removed and appropriately disposed of.  The inspection and collection rate may be reduced if inspection records demonstrate that reduced frequency is acceptable, but visual inspections shall not be reduced to less than monthly.

For those industrial sectors where infiltration is authorized, reuse and infiltration of ponded stormwater on the site via common industry practices is authorized.  Such practices include, but are not limited to, application onto impervious surfaces like haul roads or pervious plant site areas.  The infiltration of stormwater applied to pervious surfaces for common industrial practices is solely limited to collected stormwater.  Process water may not be reused and infiltrated for these purposes under this permit.  Drawdown of the Industrial Stormwater Pond shall not be allowed to pump, or re-suspend, settled particles.  (Depending on design and operation, the pond must, at a minimum, maintain ½ inch of runoff from the watershed of the pond), with at least 3 feet of water depth at the deepest parts, usually the inlets and outlets, to prevent scour by subsequent discharge events). 

All maintenance and operational procedures, design assumptions, methods, tests, calculations and monitoring shall be kept in the SWPPP.

APPENDIX D.    SECTORS OF INDUSTRIAL ACTIVITIES AUTHORIZED

Eligibility for this permit is limited to discharges from facilities in the sectors of industrial activity summarized in the table below. These sector descriptions are based on SIC Codes and Industrial Activity Codes. References to sectors in this permit (e.g., sector-specific monitoring requirements) refer to these groupings.

Sectors of Industrial Activity Authorized by This Permit

SECTOR A: TIMBER PRODUCTS
2421 General Sawmills and Planning Mills
2426 Hardwood Dimension and Flooring Mills
2429 Special Product Sawmills, Not Elsewhere Classified
2431-2439 (except 2434) Millwork, Veneer, Plywood, and Structural Wood (see Sector W)
2441-2449 Wood Containers
2451, 2452 Wood Buildings and Mobile Homes
2491 Wood Preserving
2493 Reconstituted Wood Products
2499 Wood Products, Not Elsewhere Classified

SECTOR B: PAPER AND ALLIED PRODUCTS
2611 Pulp Mills
2621 Paper Mills
2631 Paperboard Mills
2652-2657 Paperboard Containers and Boxes
2671-2679 Converted Paper and Paperboard Products, Except Containers and Boxes

SECTOR C: CHEMICALS AND ALLIED PRODUCTS
2812-2819 Industrial Inorganic Chemicals
2821-2824 Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except Glass
2833-2836 Medicinal Chemicals and Botanical Products; Pharmaceutical Preparations; in vitro and in vivo Diagnostic Substances; and Biological Products, Except Diagnostic Substances
2841-2844 Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations
2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products
2861-2869 Industrial Organic Chemicals
2873-2879 Agricultural Chemicals
2891-2899 Miscellaneous Chemical Products
3952 (limited to list) Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist’s Paints and Artist’s Watercolors

SECTOR D: ASPHALT PAVING AND ROOFING MATERIALS AND LUBRICANTS
2951, 2952 Asphalt Paving and Roofing Materials
2992, 2999 Miscellaneous Products of Petroleum and Coal

SECTOR E: GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS
3211 Flat Glass
3221, 3229 Glass and Glassware, Pressed or Blown
3231 Glass Products Made of Purchased Glass
3241 Hydraulic Cement
3251-3259 Structural Clay Products
3261-3269 Pottery and Related Products
3271-3275 Concrete, Gypsum, and Plaster Products
3281 Cut Stone and Stone Products
3291-3299 Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products

SECTOR F: PRIMARY METALS
3312-3317 Steel Works, Blast Furnaces, and Rolling and Finishing Mills
3321-3325 Iron and Steel Foundries
3351-3357 Rolling, Drawing, and Extruding of Nonferrous Metals
3363-3369 Nonferrous Foundries (Castings)
3331-3339 Primary Smelting and Refining of Nonferrous Metals
3341 Secondary Smelting and Refining of Nonferrous Metals
3398, 3399 Miscellaneous Primary Metal Products

SECTOR G: METAL MINING (ORE MINING AND DRESSING)
1011 Iron Ores
1021 Copper Ores
1031 Lead and Zinc Ores
1041, 1044 Gold and Silver Ores
1061 Ferroalloy Ores, Except Vanadium
1081 Metal Mining Services
1094, 1099 Miscellaneous Metal Ores

SECTOR H: COAL MINES AND COAL MINING-RELATED FACILITIES
1221-1241 Coal Mines and Coal Mining-Related Facilities

SECTOR I: OIL AND GAS EXTRACTION AND REFINING
1311 Crude Petroleum and Natural Gas
1321 Natural Gas Liquids
1381-1389 Oil and Gas Field Services
2911 Petroleum Refineries

SECTOR J: MINERAL MINING AND DRESSING
1411 Dimension Stone
1422-1429 Crushed and Broken Stone, Including Rip Rap
1442, 1446 Sand and Gravel
1455, 1459 Clay, Ceramic, and Refractory Materials
1474-1479 Chemical and Fertilizer Mineral Mining
1481 Nonmetallic Minerals Services, Except Fuels
1499 Miscellaneous Nonmetallic Minerals, Except Fuels

SECTOR K: HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES
HZ Hazardous Waste Treatment, Storage, or Disposal Facilities, including those that are operating under interim status or a permit under subtitle C of RCRA

SECTOR L: LANDFILLS, LAND APPLICATION SITES, AND OPEN DUMPS
LF Landfills, Land Application Sites, and Open Dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described in
Table D-1) including those that are subject to regulation under subtitle D of RCRA
 
SECTOR M: AUTOMOBILE SALVAGE YARDS
5015 Automobile Salvage Yards

SECTOR N: SCRAP RECYCLING FACILITIES
5093 Scrap Recycling Facilities

SECTOR O: STEAM ELECTRIC GENERATING FACILITIES
SE Steam Electric Generating Facilities, including coal handling sites

SECTOR P: LAND TRANSPORTATION AND WAREHOUSING
4011, 4013 Railroad Transportation
4111-4173 Local and Highway Passenger Transportation
4212-4231 Motor Freight Transportation and Warehousing
4311 United States Postal Service
5171 Petroleum Bulk Stations and Terminals

SECTOR Q: WATER TRANSPORTATION
4412-4499 Water Transportation

SECTOR R: SHIP AND BOAT BUILDING AND REPAIRING YARDS
3731, 3732 Ship and Boat Building or Repairing Yards

SECTOR S: AIR TRANSPORTATION FACILITIES
4512-4581 Air Transportation Facilities

SECTOR T: TREATMENT WORKS
TW Treatment Works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA.

SECTOR U: FOOD AND KINDRED PRODUCTS
2011-2015 Meat Products
2021-2026 Dairy Products
2032-2038 Canned, Frozen, and Preserved Fruits, Vegetables, and Food Specialties
2041-2048 Grain Mill Products
2051-2053 Bakery Products
2061-2068 Sugar and Confectionery Products
2074-2079 Fats and Oils
2082-2087 Beverages
2091-2099 Miscellaneous Food Preparations and Kindred Products
2111-2141 Tobacco Products

SECTOR V: TEXTILE MILLS, APPAREL, AND OTHER FABRIC PRODUCT
MANUFACTURING; LEATHER AND LEATHER PRODUCTS
2211-2299 Textile Mill Products
2311-2399 Apparel and Other Finished Products Made from Fabrics and Similar Materials
3131-3199 (except 3111) Leather and Leather Products, Except Leather Tanning and Finishing (see Sector Z)

SECTOR W: FURNITURE AND FIXTURES
2434 Wood Kitchen Cabinets
2511-2599 Furniture and Fixtures

SECTOR X: PRINTING AND PUBLISHING
2711-2796 Printing, Publishing, and Allied Industries

SECTOR Y: RUBBER, MISCELLANEOUS PLASTIC PRODUCTS, AND MISCELLANEOUS MANUFACTURING INDUSTRIES
3011 Tires and Inner Tubes
3021 Rubber and Plastics Footwear
3052, 3053 Gaskets, Packing and Sealing Devices, and Rubber and Plastic Hoses and Belting
3061, 3069 Fabricated Rubber Products, Not Elsewhere Classified
3081-3089 Miscellaneous Plastics Products
3931 Musical Instruments
3942-3949 Dolls, Toys, Games, and Sporting and Athletic Goods
3951-3955 (except 3952 facilities as specified in Sector C) Pens, Pencils, and Other Artists’ Materials
3961, 3965 Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal
3991-3999 Miscellaneous Manufacturing Industries

SECTOR Z: LEATHER TANNING AND FINISHING
3111 Leather Tanning and Finishing

SECTOR AA: FABRICATED METAL PRODUCTS
3411-3499 Fabricated Metal Products, Except Machinery and Transportation Equipment, and Coating, Engraving, and Allied Services.
3911-3915 Jewelry, Silverware, and Plated Ware

SECTOR AB: TRANSPORTATION EQUIPMENT, INDUSTRIAL OR COMMERCIAL MACHINERY
3511-3599 (except 3571-3579) Industrial and Commercial Machinery, Except Computer and Office Equipment (see Sector AC)
3711-3799 (except 3731, 3732) Transportation Equipment Except Ship and Boat Building and Repairing (see Sector R)

SECTOR AC: ELECTRONIC, ELECTRICAL, PHOTOGRAPHIC, AND OPTICAL GOODS
3571-3579 Computer and Office Equipment
3612-3699 Electronic and Electrical Equipment and Components, Except Computer Equipment
3812-3873 Measuring, Analyzing, and Controlling Instruments; Photographic and Optical Goods, Watches, and Clocks

SECTOR AD:  STORMWATER DISCHARGES AS DESIGNATED BY THE  COMMISSIONER AS REQUIRING PERMITS

APPENDIX E.    DEFINITIONS

“Agency” means the Minnesota Pollution Control Agency or MPCA.  (Minn. Stat. § 116.36, subd. 2).
 
“Benchmark Monitoring Location” for purposes of the Industrial Stormwater Permit, means the location(s) within the boundary of the facility where the Permittee will collect stormwater samples for the purpose of compliance with the benchmark monitoring requirements of this permit.  The benchmark monitoring location(s) selected by the Permittee shall be in a location that;

Is below the most down-gradient BMP from the source of industrial activity or significant materials, but prior to discharging from the Permittee’s operational control.

Minimizes or eliminates sampling of stormwater from off site sources (run-on), and

Yields a sample that best represents the contribution of pollutants the permittee is required to monitor for in accordance with Part V that discharge from an area of industrial activities, processes, and significant materials exposed to stormwater.  If the Permittee has identified multiple, but separate, areas of drainage, activities, exposure and BMPs, that discharge substantially similar pollutants identified in Part VII, the Permittee may choose one benchmark monitoring location that is most representative and best allows for obtaining a sample.

“Best Management Practices” or “BMPs” means practices to prevent or reduce the pollution of waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage.  (Minn. R. 7001.1020, subp.5)

“Categorical Waste Load Allocation” means that the Waste Load Allocation is described as a single combined load for two or more stormwater categories such as industrial stormwater, construction stormwater or regulated Municipal Separate Storm Sewer System (MS4) stormwater; or any identified industrial sector(s); or two or more individual or general NPDES/SDS permitted entities.  

“Commissioner” means the Commissioner of the Minnesota Pollution Control Agency or the Commissioner’s designee.  (Minn. Stat. § 116.36, subd. 3).

"Construction Activity" For this permit, construction activity includes construction activity as defined in 40 C.F.R. part 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. part 122.26(b)(15).  This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated storm water runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems.  Examples of construction activity may include clearing, grading, filling and excavating.  Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more.

“Effluent Monitoring Location” for the purposes of this permit means the location(s) within the boundary of the facility where the Permittee will collect stormwater samples for the purpose of compliance with Part VI (effluent limit monitoring requirements).  The effluent monitoring location(s) selected by the Permittee shall be in a location that;

Is immediately below the most down-gradient BMP from the specific industrial activity that has a numeric effluent limit, but prior to where the discharge co-mingles with stormwater from other sources.

Yields a sample that represents the contribution of the pollutants the permittee is required to monitor for in accordance with Part VII that discharges from an area of industrial activities, processes, and significant materials exposed to stormwater that has a numeric effluent limit.    

“Facility”, for the purposes of this permit, means land which shares a common border, has common ownership, and is the location of a single corporation or business operated on the land, even if land parcels are separated by a roadway, fence line or similar boundary.  Facility also includes areas of multiple, separate and temporary industrial activity as authorized under Part II.C (Multiple Site Authorization).

“Impaired Water” means surface water that does not meet applicable water quality standards.  (Minn. Stat. § 114D.15, subd. 5).
 
“Impervious Surface” means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development.  Examples include rooftops; sidewalks, patios; driveways; parking lots; storage areas; and concrete, asphalt, or gravel roads.

“Individual Waste Load Allocation” means that the Waste Load Allocation is assigned a single NPDES/SDS permitted facility for its stormwater discharge.

“Industrial Activity” means the eleven categories of industrial activity which are directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, as defined in 40 CFR § 122.26(b)(14)(i)-(xi).  Not every industrial activity in this definition is eligible for authorization under this permit; see Part I.A for eligibility criteria.  (Minn. R. 7090.0080, subp.6)

“Industrial Stormwater Pond” for purposes of the industrial stormwater permit means constructed detention or retention facilities for the treatment of stormwater runoff under the requirements of this permit.  This includes permanent ponds, dry ponds, flow equalization ponds (followed by other BMPs) and constructed wetlands.  However, natural Wetlands (including types 1-8), natural ponds, and surface waters are not Industrial Stormwater ponds, parts of ponds or systems, and cannot be used as BMPs for stormwater treatment. 

“Infiltration System”, for purposes of the industrial stormwater permit, means a system where industrial stormwater runoff is diverted, collected, or conveyed for the purpose of infiltration.  An infiltration system does not include the parts of the systems that divert, collect, or convey industrial stormwater, but it includes all constructed infiltration basins, trenchs, depressions or other infiltration areas.  Incidental infiltration from conveyances such as swales or ditches, including those with erosion prevention devices such as vegetation, silt fence or fiber bails, is not an infiltration system; however, swales, ditches or similar devices constructed with stop logs, ditch excavation for storage or other retention devices, which are for the purpose of increased infiltration, are part of infiltration systems.  Wetlands (including types 1 through 8), natural ponds, and surface waters are not infiltration systems or parts of infiltration systems, and cannot be used as parts of such systems.

“No Exposure” means that all industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snow melt, or runoff.  Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.  Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, or waste product.  (Minn. R. 7090.0080, subp.9) 

“Non-stormwater Discharge” means any discharge not comprised entirely of stormwater except discharges authorized by a NPDES/SDS permit.

“One Mile” for purposes of the Industrial Stormwater Permit, means a direct horizontal distance of one mile measured from any discharge location at the industrial facility property boundary to the Ordinary High Water Level (Mn. Stat. 103G.005, Subd. 14) where the industrial stormwater discharge enters either a water listed as impaired under section 303(d) of the Clean Water Act (33 U.S.C. § 303(d), or any water listed under part I.B.2.b-d, of this permit.

“Operator” the person responsible for the overall operation of an industrial facility under part  HYPERLINK "https://www.revisor.leg.state.mn.us/rules?id=7090.3000" 7090.3000.   (Minn. R. 7090.0080, subp.10)

“Owner” the person who owns an industrial facility or part of an industrial facility under part  HYPERLINK "https://www.revisor.leg.state.mn.us/rules?id=7090.3000" 7090.3000.  (Minn. R. 7090.0080, subp.11)

“Permittee” means a person or persons, firm, or governmental agency or other institution that signs the permit application submitted to the MPCA and is responsible for compliance with the terms and conditions of this permit.

“Permit Effective Date” means the date the MPCA made this permit available for application.  The Permit Effective Date is located on the front cover of this permit.

“Person” means any human being, any municipality or other governmental or political subdivision or public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity, but does not include the MPCA.  (Minn. Stat. § 116.06, subd. 17).

"Significant Discharges" for purposes of the industrial stormwater permit, means any industrial stormwater discharge that either 1) on or after January 1, 1988, commenced discharge from areas of industrial activities and/or significant materials greater than 90 acres, or 2) on or after January 1, 1988, discharges from areas of industrial activities and/or significant materials that have expanded cumulatively by greater than 90 acres.

“Significant Materials” includes, but is not limited to:  raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA); fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with stormwater discharges.  When determining whether a material is significant, the physical and chemical characteristics of the material should be considered (e.g. the material’s solubility, transportability, and toxicity characteristics) to determine the material’s pollution potential.  (40 CFR 122.26(b)(12)).

“Storm water or stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage.  (Minn. R. 7090.0080, subp.12)

“Stormwater Pollution Prevention Plan” or “SWPPP” means a plan for stormwater discharge that includes facility specific activities and actions to, first, identify sources of pollution or contamination at the facility, and second, select and implement BMPs to eliminate or reduce contact of stormwater with significant materials that may result in polluted runoff from the facility.

“Surface Water or Waters” for purposes of the industrial stormwater permit, means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private.

“Total Maximum Daily Load” or “TMDL” means the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources.  It is the calculation of the maximum amount of a pollutant, including stormwater, that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant’s sources.  A TMDL stipulates waste load allocations for point source discharges, load allocations for nonpoint sources, and a margin of safety.

“USEPA” or “EPA” means the United States Environmental Protection Agency.

“Waters of the State” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or  private, which are contained within, flow through, or border upon the state or any portion thereof.  (Minn. Stat. § 115.01, subd. 22)

“Wetlands” are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.  Wetlands generally include swamps, marshes, bogs, and similar areas.  Constructed wetlands designed for wastewater treatment are not waters of the state.  Wetlands must have the following attributes:

a predominance of hydric soils;

inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and

under normal circumstances support a prevalence of such vegetation.  (Minn. R. 7050.0130, subp. F)
        4/23/09 DRAFT

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During the last workgroup meeting, the workgroup suggested possibly switching group 1 and group 3.  At least part of the thinking was the current group 1 facilities are the highest risk, therefore maybe they should get more time to design BMPs (assuming facilities with higher risk will need more complex BMPs).

MPCA response:  The MPCA discussed this matter and recommends not switching the two groups.  Since group 1 facilities have been determined to be higher risk than the other groups, the MPCA believes a more aggressive design schedule is appropriate.
A workgroup member suggested adding language here that more clearly explains whether or not certain sub-sectors of sectors D, E & J must apply under this schedule for this permit, or apply for the MNG49 permit.

MPCA response:  Since the application form and guidance will be clear on this matter, the MPCA will not add language to attempt to clarify.
Spill and leak reporting and notification requirements are adequately addressed in the annual report requirements.  So, this was removed from here.
Added language due to internal comments.
A workgroup member suggested making a third/fourth column in the sector tables entitled “Infiltration” to indicate whether or not a certain sector is authorized or not authorized to infiltrate.  This is opposed to how it is currently written in part 8 of every sector.

MPCA response:  Since either way arrives at the same end, the MPCA does not plan to give high priority to this change.

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