Utah Admin. Code R317-8-11 - Municipal, Industrial, and Construction Storm Water Discharges
11.1 APPLICABILITY OF RULE R317-8, RULE
COMPATIBILITY, AND FEDERAL RULE INCORPORATION.
(1) Section R317-8-11, including the federal
regulations incorporated by reference, shall be applicable to municipal
(Subsections R317-8-11.3(c) 1, R317-8-1.10(12), and R317-8-11.3(8) ),
industrial (Subsections R317-8-11.3(6)(c) and (d) ), and construction
(Subsection R317-8-11.3(6)(e) ) storm water discharges.
(2) Where any requirements, definitions, or
conditions in Section R317-8-11 conflict with the requirements, definitions, or
conditions pertaining to storm water discharges in other parts of Rule R317-8,
the requirements, definitions, and conditions in Section R317-8-11 shall
govern.
11.2 DEFINITIONS
APPLICABLE TO STORM WATER DISCHARGES
Refer to Subsection R317-8-1.6.
11.3 STORMWATER DISCHARGE REQUIREMENTS
(1) Permit requirement.
(a) Prior to October 1, 1992, a permit shall
not be required for a discharge composed entirely of storm water, except for:
1. a discharge with respect to which a permit
has been issued prior to February 4, 1987;
2. a discharge associated with industrial
activity;
3. a discharge associated
with construction activity that disturbs five or more acres;
4. a discharge from a large municipal
separate storm sewer system;
5. a
discharge from a medium municipal separate storm sewer system;
6. a discharge which the Director determines
contributes to a violation of water quality standards or is a significant
contributor of pollutants to waters of the State. This designation may include
a discharge from any conveyance or system of conveyances used for collecting
and conveying storm water runoff or a system of discharges from municipal
separate storm sewers, except for those discharges from conveyances which do
not require a permit under this section or agricultural storm water runoff
which is exempted from the definition of point source. The Director may
designate discharges from municipal separate storm sewers on a system-wide or
jurisdiction-wide basis. In making this determination the Director may consider
the following factors:
a. the location of the
discharge with respect to waters of the State;
b. the size of the discharge;
c. the quantity and nature of the pollutants
discharged to waters of the State; and
d. other relevant factors.
(b) On and after October
1, 1994, for discharges composed entirely of storm water, that are not required
by Subsection R317-8-11.3(1)(a) to obtain a permit, operators shall be required
to obtain a UPDES permit if:
1. the discharge
is from a small MS4 required to be regulated pursuant to
40
CFR 122.32 (see Subsection R317-8-1.10(12)
);
2. the discharge is a storm
water discharge associated with construction activity pursuant to Subsection
R317-8-11.3(6)(e);
3. the Director
or authorized representative determines that storm water controls are needed
for the discharge based on wasteload allocations that are part of "total
maximum daily loads" (TMDLs) that address any pollutants of concern;
or
4. the Director or authorized
representative determines that the discharge, or category of discharges within
a geographic area, contributes to a violation of a water quality standard or is
a significant contributor of pollutants to waters of the State.
(c) The Director may not require a
permit for discharges of storm water runoff from mining operations or oil and
gas exploration, production, processing, or treatment operations or
transmission facilities, composed entirely of flows which are from conveyances
or systems of conveyances, including pipes, conduits, ditches, and channels
used for collecting and conveying precipitation runoff and which are not
contaminated by contact with or do not come into contact with any overburden,
raw material, intermediate products, finished product, by product, or waste
products located on the site of such operations.
(d) Large, medium, and small municipal
separate storm sewer systems.
1. Permits must
be obtained for discharges from large, medium, and small municipal separate
storm sewer systems.
2. The
Director may either issue one system-wide permit covering discharges from
municipal separate storm sewers within a large, medium, or small municipal
storm sewer system or issue distinct permits for appropriate categories of
discharges within a large, medium, or small municipal separate storm sewer
system including: discharges owned or operated by the same municipality;
located within the same jurisdiction; discharges within a system that discharge
to the same watershed; discharges within a system that are similar in nature;
or individual discharges from municipal separate storm sewers within the
system.
3. The operator of a
discharge from a municipal separate storm sewer which is part of a large,
medium, or small municipal separate storm sewer system must either:
a. participate in a permit application as
permittee or co-permittee with one or more other operators of discharges from
the large, medium, or small municipal storm sewer system which covers all, or a
portion of all, discharges from the municipal separate storm sewer
system;
b. submit a distinct permit
application which only covers discharges from the municipal separate storm
sewers for which the operator is responsible; or
c. a regional authority may be responsible
for submitting a permit application under the following guidelines:
i. the regional authority together with
co-applicants shall have authority over a storm water management program that
is in existence, or shall be in existence at the time the application is
due;
ii. the permit applicant or
co-applicants shall establish their ability to make a timely submission of the
municipal application;
iii. each of
the operators of municipal separate storm sewers within the systems described
in Subsections R317-8-1.6(4), R317-8-1.6(8),
40
CFR 122.32 with substitutions per Subsection
R317-8-1.10(12), or R317-8-11.3(8) that are under the purview of the designated
regional authority, shall comply with the application requirements of
Subsection R317-8-11.3(3).
4. One permit application may be submitted
for the entirety or a portion of municipal separate storm sewers within
adjacent or interconnected large, medium, or small municipal separate storm
sewer systems. The Director may issue one system-wide permit covering the
entirety or a portion of municipal separate storm sewers in adjacent or
interconnected large, medium, or small municipal separate storm sewer
systems.
5. Permits for the
entirety or a portion of the discharges from large, medium, or small municipal
separate storm sewer systems that are issued on a system-wide,
jurisdiction-wide, watershed or other basis may specify different conditions
relating to different discharges covered by the permit, including different
management programs for different drainage areas which contribute storm water
to the system.
6. Co-permittees
need only comply with permit conditions relating to discharges from the
municipal separate storm sewers for which they are operators.
(e) Other municipal separate storm
sewers. The Director may issue permits for municipal separate storm sewers that
are designated under Subsection R317-8-11.3(1)(a) 6 on a system-wide basis,
jurisdiction-wide basis, watershed basis or other appropriate basis, or may
issue permits for individual discharges.
(f) Non-municipal separate storm sewers. For
storm water discharges associated with industrial activity from point sources
which discharge through a non-municipal or non-publicly owned separate storm
sewer system, the Director may issue: a single UPDES permit, with each
discharger a co-permittee to a permit issued to the operator of the portion of
the system that discharges into waters of the State; or, individual permits to
each discharger of storm water associated with industrial activity through the
non-municipal conveyance system.
1. Storm
water discharges associated with industrial activity that discharge through a
storm water discharge system that is not a municipal separate storm sewer must
be covered by an individual permit, or a permit issued to the operator of the
portion of the system that discharges to waters of the State, with each
discharger to the non-municipal conveyance a co-permittee to that
permit.
2. Where there is more than
one operator of a single system of such conveyances, each operator of storm
water discharges associated with industrial activity must submit
applications.
3. Any permit
covering more than one operator shall identify the effluent limitations, or
other permit conditions, if any, that apply to each operator.
(g) Combined sewer systems.
Conveyances that discharge storm water runoff combined with municipal sewage
are point sources that must obtain UPDES permits and are not subject to this
section.
(h) Operators of small
MS4s designated pursuant to Subsections R317-8-11.3(1)(b) 1, R317-8-11.3(1)(b)
3, and R317-8-11.3(1)(b) 14 shall seek coverage under a UPDES permit in
accordance with
40
CFR 122.33,
122.34,
and
122.35
with appropriate substitutions per Subsections R317-8-1.10(11) through
R317-8-1.10(13). Operators of non-municipal sources designated pursuant to
Subsections R317-8-11.3(1)(b) 2, R317-8-11.3(1)(b) 3, and R317-8-11.3(1)(b) 4
shall seek coverage under a UPDES permit in accordance with Subsection
R317-8-11.3(2)(a).
(i) Operators of
storm water discharges designated pursuant to Subsections R317-8-11.3(1)(b) 3
and R317-8-11.3(1)(b) 4 shall apply to the Director for a permit within 180
days of receipt of notice, unless permission for a later date is granted by the
Director as described in
40 CFR
124.52.
(2) Application requirements for storm water
discharges associated with industrial activity and storm water discharges
associated with construction activity.
(a)
Individual application. Dischargers of storm water associated with industrial
activity and with construction activity are required to apply for an individual
permit or seek coverage under a promulgated storm water general permit.
Facilities that are required to obtain an individual permit, or any discharge
of storm water which the Director is evaluating under Subsection
R317-8-11.3(1)(a) 6 and is not a municipal separate storm sewer, and which is
not part of a group application, shall submit a UPDES application in accordance
with Subsection R317-8-3.1 and supplemented by the provisions of the remainder
of this section.
1. Except as provided in
Subsections R317-8-11.3(2)(a) 2 through R317-8-11.3(2)(a) 4, the operator of a
storm water discharge associated with industrial activity subject to this
section shall develop before application, or in the time frame indicated by the
permit:
a. a site map showing topography of
the facility, or indicating the outline of drainage areas served by any
outfalls covered in the application if a topographic map is unavailable,
including: each of its drainage and discharge structures; the drainage area of
each storm water outfall; each area used for outdoor storage or disposal of
significant materials; each existing structural control measure to reduce
pollutants in storm water runoff; materials loading and access areas; each well
where fluids from the facility are injected underground; springs, and other
surface water bodies which receive storm water discharges from the
facility;
b. a narrative
description of the following: significant materials that in the three years
prior to the submittal of this application have been treated, stored or
disposed in a manner to allow exposure to storm water; method of treatment,
storage or disposal of such materials; materials management practices employed,
in the three years prior to the submittal of this application, to minimize
contact by these materials with storm water runoff; materials loading and
access areas; the location and a description of existing structural and
non-structural control measures to reduce pollutants in storm water runoff; and
a description of the treatment the storm water receives, including the ultimate
disposal of any solid or fluid wastes other than by discharge;
c. a certification that each outfall that
should contain storm water discharges associated with industrial activity has
been tested or evaluated for the presence of non-storm water discharges which
are not covered by a UPDES permit, tests for such non-storm water discharges
may include smoke tests, fluorometric dye tests, analysis of accurate
schematics, as well as other appropriate tests, and a description of the method
used, the date of any testing, and the on-site drainage points that were
directly observed during a test;
d.
existing information regarding significant leaks or spills of toxic or
hazardous pollutants at the facility that have taken place within the three
years prior to the submittal of this application;
e. quantitative data based on samples
collected during storm events from each outfall containing a storm water
discharge associated with industrial activity for the following parameters:
i. any pollutant limited in an effluent
guideline to which the facility is subject;
ii. any pollutant listed in the facility's
UPDES permit for its process wastewater if the facility is operating under an
existing UPDES permit;
iii. any
pollutant listed in the facility's UPDES permit for its storm water
discharges.
iv. any information on
the discharge required under Subsections R317-8-3.5(7)(d) and
R317-8-3.5(7)(e);
v. an estimate of
the total amount of discharge for the storm events sampled, and the method of
flow measurement or estimation; and
vi. the date and duration in hours of the
storm events sampled, rainfall measurements or estimates in inches of the storm
event which generated the sampled runoff and the duration in hours between the
storm event sampled and the end of the previous measurable, greater than 0.1
inch rainfall, storm event;
f. operators of a discharge which is composed
entirely of storm water are exempt from Subsections R317-8-3.5(2) through
R317-8-3.5(5), R317-8-3.5(7)(a), R317-8-3.5(7)(c), and R317-8-3.5(7)(f);
and
g. operators of new sources or
new discharges which are composed in part or entirely of storm water must
include estimates for the pollutants or parameters listed in Subsection
R317-8-11.3(2)(a) 1.e instead of actual sampling data, along with the source of
each estimate. Operators of new sources or new discharges composed in part or
entirely of storm water must provide quantitative data for the parameters
listed in Subsection R317-8-11.3(2)(a) 1e within two years after commencement
of discharge, unless such data has already been reported under the monitoring
requirements of the UPDES permit for the discharge. Operators of a new source
or new discharge which is composed entirely of storm water are exempt from the
requirements of Subsections R317-8-3.2(3)(b), R317-8-3.2(3)(c), and
R317-8-3.2(5).
2. An
operator of an existing or new storm water discharge that is associated with
construction activity solely under Subsection R317-8-11.3(6)(e), is exempt from
the requirements of Subsections R317-8-3.5 and R317-8-11.3(2)(a) 1. Such
operator shall develop before application or in the time frame indicated by the
permit a narrative description of:
a. the
location, including a map, and the nature of the construction
activity;
b. the total area of the
site and the area of the site that is expected to undergo excavation during the
life of the permit;
c. proposed
measures, including best management practices, to control pollutants in storm
water discharges during construction;
d. proposed stabilization, erosion control,
and sediment control measures to control pollutants in storm water discharges
that will occur after construction operations have been completed;
e. plans for correct installation and
maintenance of storm water controls;
f. a schedule for inspections to verify that
storm water controls and best management practices are operating effectively;
and
g. the name of the receiving
water.
3. The operator of
an existing or new discharge composed entirely of storm water from an oil or
gas exploration, production, processing, or treatment operation, or
transmission facility is not required to submit a permit application in
accordance with Subsection R317-8-11.3(2)(a) 1, unless the facility:
a. has had a discharge of storm water
resulting in the discharge of a reportable quantity for which notification is
or was required pursuant to
40 CFR
117.21 or 40 CFR 302.6 at any time since
November 16, 1987;
b. has had a
discharge of storm water resulting in the discharge of a reportable quantity
for which notification is or was required pursuant to
40 CFR
110.6 at any time since November 16, 1987;
or
c. contributes to a violation of
a water quality standard.
4. The operator of an existing or new
discharge composed entirely of storm water from a mining operation is not
required to submit a permit application unless the discharge has come into
contact with any overburden, raw material, intermediate products, finished
product, byproduct or waste products located on the site of such operations.
5. Applicants shall provide such
other information the Director may reasonably require to determine whether to
issue a permit and may require any facility subject to Subsection
R317-8-11.3(2)(a) 2 to comply with Subsection R317-8-11.3(2)(a) 1.
(3) Application
requirements for large, medium, and small municipal separate storm sewer
discharges. The operator of a discharge from a large, medium, or small
municipal separate storm sewer or a municipal separate storm sewer that is
designated by the Director under Subsection R317-8-11.3(1)(a) 6, may submit a
jurisdiction-wide or system-wide permit application. Where more than one public
entity owns or operates a municipal separate storm sewer within a geographic
area, including adjacent or interconnected municipal separate storm sewer
systems, such operators may be a co-applicant to the same application.
(a) Permit applications shall include:
1. General information consisting of:
i. the name, mailing address, and telephone
number of the principal executive officer, ranking elected official, or duly
authorized employee in charge of municipal resources used for implementing the
SWMP;
ii. the operator type and
legal status as a Federal, State, private, or other public entity other than
Federal or State;
iii. latitude and
longitude at the center of land for which authorization to discharge is being
requested;
iv. the number of people
that are served by the municipal separate storm sewer system; and
v. name, title, and telephone of the person
responsible for overseeing implementation and coordination of the storm water
management program.
2.
Outfalls and receiving waters. A list of each separate storm sewer outfall and
their associated receiving waters that receive discharges from the permittee's
MS4. Summary description of the overall water quality concerns, priorities,
303(d) list impaired waters.
3.
Best management practice identification. A summary of the chosen best
management practices and description of the program elements that will be
implemented (or already exist) to meet each of the storm water minimum control
measures.
4. Measurable goals.
Identification of goals with start and end dates for each of the storm water
minimum control measures and the timeframe by which the permittee will achieve
required actions, including interim milestones.
5. Certification. A certification statement
that is signed in accordance with Section R317-8-3.4.
6. Contract certification for co-permittees.
If more than one entity will be implementing the storm water management program
then a contract certification is required. Each coordinating entity must be
identified and sign to certify that local agreements and contracts have been
developed and agreed upon. Permittees which are applying as co-permittees shall
each submit an application and individual storm water management program
document which will clearly identify the areas of the MS4 for which each of the
co-permittees are responsible.
(b) A storm water management program shall be
developed which covers the duration of the permit. It shall include a
comprehensive planning process which involves public participation and where
necessary intergovernmental coordination, to reduce the discharge of pollutants
to the maximum extent practicable using management practices, control
techniques and system, design and engineering methods, and such other
provisions which are appropriate. Separate programs may be submitted by each
co-applicant. Programs may impose controls on a system wide basis, a watershed
basis, a jurisdiction basis, or on individual outfalls and contain:
1. Adequate legal authority. A demonstration
that the applicant can operate pursuant to legal authority established by
statute, ordinance or series of contracts which authorizes or enables the
applicant at a minimum to:
a. Prohibit through
ordinance, order or similar means, illicit discharges to the municipal separate
storm sewer;
b. Control through
ordinance, order or similar means the discharge to a municipal separate storm
sewer of spills, dumping or disposal of materials other than storm
water;
c. Require compliance with
conditions in ordinances, permits, contracts or orders; and
d. Carry out inspection, surveillance and
monitoring procedures necessary to determine compliance and noncompliance with
permit conditions including the prohibition on illicit discharges to the
municipal separate storm sewer.
2. Mapping. A current map of the storm sewer
system showing the location of each storm sewer outfall, the name and location
of each State water that receives discharges from those outfalls, storm drain
pipe and other storm water conveyance structures within the MS4.
3. Characterization data. When "quantitative
data" for a pollutant are required, the applicant must collect a sample of
effluent in accordance with Subsection R317-8-3.5(7) and analyze it for the
pollutant in accordance with analytical methods approved under 40 CFR 136. When
no analytical method is approved, the applicant may use any suitable method but
must provide a description of the method. The applicant must provide
information characterizing the quality and quantity of discharges as required
by the permit including:
a. quantitative data
from representative outfalls;
b.
estimates of the annual pollutant load of the cumulative discharges to waters
of the State from identified municipal outfalls, the event mean concentration
of the cumulative discharges to waters of the State from identified municipal
outfalls during a storm event, and a description of the procedures for
estimating constituent loads and concentrations, including any modeling, data
analysis, and calculation methods;
c. a proposed schedule to provide estimates
for each major outfall identified in either Subsection R317-8-11.3(3)(b) 2 or
R317-8-11.3(3)(a) 2 of the seasonal pollutant load and of the event mean
concentration of a representative storm for any constituent detected in any
sample required under Subsection R317-8-11.3(3)(b) 3; and
d. a proposed monitoring program for
representative data collection for the term of the permit that describes the
location of outfalls or field screening points to be sampled (or the location
of instream stations), why the location is representative, the frequency of
sampling, parameters to be sampled, and a description of sampling
equipment.
4. Structural
and source controls. A description of structural and source control measures to
reduce pollutants from runoff from commercial and residential areas that are
discharged from the municipal storm sewer system that are to be implemented
during the life of the permit and a proposed schedule for implementing such
controls. At a minimum, the description shall include:
a. a description of maintenance activities
and a maintenance schedule for structural controls to reduce pollutants
(including floatables) in discharges from municipal separate storm
sewers;
b. a description of
planning procedures including a comprehensive master plan to develop, implement
and enforce controls to reduce the discharge of pollutants from municipal
separate storm sewers which receive discharges from areas of new development
and significant redevelopment. Such plan shall address controls to reduce
pollutants in discharges from municipal separate storm sewers after
construction is completed. Controls to reduce pollutants in discharges from
municipal separate storm sewers containing construction site runoff are
addressed in Subsection R317-8-11.3(3)(b) 7;
c. a description of practices for operating
and maintaining public streets, roads and highways and procedures for reducing
the impact on receiving waters of discharges from municipal storm sewer
systems, including pollutants discharged as a result of deicing
activities;
d. a description of
procedures to assure that flood management projects assess the impacts on the
water quality of receiving water bodies and that existing structural flood
control devices have been evaluated to determine if retrofitting the device to
provide additional pollutant removal from storm water is feasible.
e. a description of a program to monitor
pollutants in runoff from operating or closed municipal landfills, treatment,
storage or disposal facilities for municipal waste, or other high priority
facilities owned or operated by the MS4. The description shall identify
priorities and procedures for inspections and establishing and implementing
control measures for such discharges (this program can be coordinated with the
program developed under Subsection R317-8-11.3(3)(b) 6); and
f. a description of a program to reduce to
the maximum extent practicable, pollutants in discharges from municipal
separate storm sewers associated with the application of pesticides, herbicides
and fertilizer which will include, as appropriate, controls such as educational
activities, permits, certifications and other measures for commercial
applicators and distributors, and controls for application in public
right-of-ways and at municipal facilities.
5. An illicit discharge schedule. A
description of a program, including a schedule, to detect and remove illicit
discharges and improper disposal into the storm sewer. The proposed program
shall include:
a. a description of a program,
including inspections, to implement and enforce an ordinance, orders or similar
means to prevent illicit discharges to the municipal separate storm sewer
system; this program description shall address each type of illicit discharge,
however the following category of non-storm water discharges or flows shall be
addressed where such discharges are identified by the municipality as sources
of pollutants to waters of the State: firefighting where such discharges or
flows are identified as significant sources of pollutants, water line flushing,
landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration to separate storm sewers,
uncontaminated pumped ground water, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, individual
residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water);
b. a description of procedures to conduct
on-going field screening activities during the life of the permit, including
areas or locations that will be evaluated by such field screens;
c. a description of procedures to be followed
to investigate portions of the separate storm sewer system that, based on the
results of the field screen, or other appropriate information, indicate a
reasonable potential of containing illicit discharges or other sources of
non-storm water (such procedures may include: sampling procedures for
constituents such as fecal coliform, fecal streptococcus, surfactants (MBAS),
residual chlorine, fluorides and potassium; testing with fluorometric dyes; or
conducting in storm sewer inspections where safety and other considerations
allow. Such description shall include the location of storm sewers that have
been identified for such evaluation);
d. a description of procedures to prevent,
contain, and respond to spills that may discharge into the municipal separate
storm sewer;
e. a description of a
program to promote, publicize and facilitate public reporting of the presence
of illicit discharges or water quality impacts associated with discharges from
municipal separate storm sewers;
f.
a description of educational activities, public information activities, and
other appropriate activities to facilitate the proper management and disposal
of used oil and toxic materials; and
g. a description of controls to limit
overflows from municipal sanitary sewers to municipal separate storm sewer
systems where necessary.
6. Priority areas. A description of a program
to monitor and control pollutants in storm water discharges to municipal
systems from municipal landfills, hazardous waste treatment, disposal and
recovery facilities, industrial facilities that are subject Title III, Section
313 of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and
industrial facilities that the municipal permit applicant determines are
contributing a substantial pollutant loading to the municipal storm sewer
system. The program shall identify priorities and procedures for inspection and
establishing and implementing control measures for such discharges.
7. Construction management program. A
description of a program to implement and maintain structural and
non-structural best management practices to reduce pollutants in storm water
runoff from construction sites to the municipal storm sewer system, which shall
include:
a. a description of procedures for
site planning which incorporate consideration of potential water quality
impacts;
b. a description of
requirements for nonstructural and structural best management
practices;
c. a description of
procedures for identifying priorities for inspecting sites and enforcing
control measures which consider the nature of the construction activity,
topography, and the characteristics of soils and receiving water quality;
and
d. a description of appropriate
educational and training measures for construction site operators.
8. Long-term storm water
management for new development and redevelopment. The program shall include:
a. requirements for construction activities,
as defined in Subsection R317-8-11.3(6)(e) 1, associated with new development
to retain storm water on site and prevent the off-site discharge of
precipitation from rainfall events less than or equal to the 80th percentile
rainfall event or a predevelopment hydrologic condition, whichever is
less;
b. requirements for
construction activities, as defined in Subsection R317-8-11.3(6)(e) 1,
associated with redevelopment projects which will increase the impervious
surface by greater than 10% to retain storm water on site and prevent the
off-site discharge of the net increase in the volume associated with
precipitation from rainfall events less than or equal to the 80th percentile
rainfall event; and
c. a process
for addressing and documenting infeasibilities associated with Subsections
R317-8-11.3(3)(b) 8.a and b.
9. Applicability. Where requirements under
Subsections R317-8-11.3(3)(b) 3.b and R317-8-11.3(3)(b) 4 through
R317-8-11.3(3)(b) 8 are not practicable or are not applicable, the Director may
exclude any operator of a discharge from a municipal separate storm sewer which
is designated under Subsection R317-8-11.3(1)(a) 6, R317-8-1.6(4)(b) or
R317-8-1.6(8)(b) from such requirements. The Director shall not exclude the
operator of a discharge from a municipal separate storm sewer located in
incorporated places with populations greater than 100,000 and less than 250,000
according to the latest decennial census by Bureau of Census, or located in
counties with unincorporated urbanized areas with a population of 250,000 or
more according to the latest decennial census by the Bureau of Census, from any
of the permit application requirements except where
authorized.
(4)
Application deadlines. Any operator of a point source required to obtain a
permit under Subsection R317-8-11.3(1)(a) that does not have an effective UPDES
permit authorizing discharges from its storm water outfalls shall submit an
application in accordance with the following deadlines:
(a) Storm water discharges associated with
industrial activities.
1. Except as provided
in Subsection R317-8-11.3(4)(a) 2, for any storm water discharge associated
with industrial activity identified in Subsections R317-8-11.3(6)(d) 1 through
R317-8-11.3(6)(d) 10 that is not authorized by a storm water general permit, a
permit application made pursuant to Subsection R317-8-11.3(2) must be submitted
to the Director by October 1, 1992;
2. For any storm water discharge associated
with industrial activity from a facility that is owned or operated by a
municipality with a population of less than 100,000 that is not authorized by a
general or individual permit, other than an airport, powerplant, or
uncontrolled sanitary landfill, the permit application must be submitted to the
Director by March 10, 2003.
(b) For any discharge from a large municipal
separate storm sewer system the application shall be submitted to the Director
by November 18, 1991.
(c) For any
discharge from a medium municipal separate storm sewer system the application
shall be submitted to the Director by May 18, 1992.
(d) A permit application shall be submitted
to the Director within 180 days of notice, unless permission for a later date
is granted by the Director for:
1. A storm
water discharge which the Director determines that the discharge contributes to
a violation of a water quality standard or is a significant contributor of
pollutants to waters of the State, or
2. A storm water discharge subject to
Subsection R317-8-11.3(2)(a) 5.
(e) Facilities with existing UPDES permits
for storm water discharges associated with industrial activity shall maintain
existing permits. New applications for individual permits shall be submitted
180 days before the expiration of such permits. New applications for general
permit coverage shall be submitted within 30 days of permit expiration date
unless otherwise specified in the permit. Facilities with expired permits or
permits due to expire before May 18, 1992, shall submit applications in
accordance with the deadline set forth in Subsection
R317-8-11.3(4)(a).
(f) For any
storm water discharge associated with construction activity identified in
Subsection R317-8-11.3(6)(e) 1, see Subsection R317-8-3.1(2). Discharges from
these sources require permit authorization by March 10, 2003, unless designated
for coverage before then.
(g) For
any discharge from a regulated small MS4, the permit application made under
40
CFR 122.33, with substitutions as described
by Subsection R317-8-1.10(11), must be submitted to the Director by:
1. March 10, 2003 if designated under
40
CFR 122.32(a)(1), with
substitutions as described by Subsection R317-8-1.10(10), unless your MS4
serves a jurisdiction with a population under 10,000 and the Director has
established a phasing schedule under
40
CFR 123.35(d)(3);
or
2. Within 180 days of notice,
unless the Director grants a later date, if designated under
40
CFR 122.32(a)(2) and 40 CFR
122.33(c)(2) with substitutions as described by Subsection R317-8-1.10(10) and
(11).
(5)
Petitions.
(a) Any operator of a municipal
separate storm sewer system may petition the Director to require a separate
UPDES permit for any discharge into the municipal separate storm sewer
system.
(b) Any person may petition
the Director to require a UPDES permit for a discharge which is composed
entirely of storm water which contributes to a violation of a water quality
standard or is a significant contributor of pollutants to waters of the
State.
(c) The owner or operator of
a municipal separate storm sewer system may petition the Director to reduce the
Census estimates of the population served by such separate system to account
for storm water discharge to combined sewers that is treated in a publicly
owned treatment works. In municipalities in which combined sewers are operated,
the Census estimates of population may be reduced proportional to the fraction,
based on estimated lengths, of the length of combined sewers over the sum of
the length of combined sewers and municipal separate storm sewers where an
applicant has submitted the UPDES permit number associated with each discharge
point and a map indicating areas served by combined sewers and the location of
any combined sewer overflow discharge point.
(d) Any person may petition the Director for
the designation of a large, medium, or small municipal separate storm sewer
system as defined by Subsections R317-8-1.6(4), R317-8-1.6(7), and
R317-8-1.6(14).
(e) The Director
shall make a final determination on any petition received under this section
within 90 days after receiving the petition with the exception of the petitions
to designate a small MS4 in which case the Director shall make a final
determination on the petition within 180 days after its receipt.
(6) Provisions Applicable to Storm
Water Definitions.
(a) The Director may
designate a municipal separate storm sewer system as part of a large system due
to the interrelationship between the discharges of designated storm sewer and
the discharges from the municipal separate storm sewers described under
Subsection R317-8-1.6(4)(a) or (b). In making the determination under
Subsection R317-8-1.6(4)(b) the Director may consider the following factors:
1. physical interconnections between the
municipal separate storm sewers;
2.
location of discharges from the designated municipal separate storm sewer
relative to discharges from municipal separate storm sewers described in
Subsection R317-8-1.6(4)(a);
3.
quantity and nature of pollutants discharged to waters of the State;
4. nature of the receiving waters;
and
5. other relevant factors;
or
6. the Director may, upon
petition, designate as a large municipal separate storm sewer system, municipal
separate storm sewers located within the boundaries of a region defined by a
storm water management regional authority based on a jurisdictional, watershed,
or other appropriate basis that includes one or more of the systems described
in Subsection R317-8-1.6(4).
(b) The Director may designate a municipal
separate storm sewer system as part of a medium system due to the
interrelationship between the discharges of designated storm sewer and the
discharges from the municipal separate storm sewers described under Subsection
R317-8-1.6(8)(a) or R317-8-1.6(8)(b). In making the determination under
Subsection R317-8-1.6(8)(b) the Director may consider the following factors:
1. physical interconnections between the
municipal separate storm sewers;
2.
location of discharges from the designated municipal separate storm sewer
relative to discharges from municipal separate storm sewers described in
Subsection R317-8-1.6(8)(a);
3.
quantity and nature of pollutants discharged to waters of the State;
4. nature of the receiving waters;
and
5. other relevant factors;
or
6. the Director may, upon
petition, designate as a medium municipal separate storm sewer system,
municipal separate storm sewers located within the boundaries of a region
defined by a storm water management regional authority based on a
jurisdictional, watershed, or other appropriate basis that includes one or more
of the systems described in Subsections R317-8-1.6(8)(a), R317-8-1.6(8)(b), and
R317-8-1.6(8)(c).
(c)
Storm water discharges associated with industrial activity means the discharge
from any conveyance that is used for collecting and conveying storm water and
that is directly related to manufacturing, processing or raw materials storage
areas at an industrial plant. The term does not include discharges from
facilities or activities excluded from the UPDES program under Rule R317-8. For
the categories of industries identified in this section, the term includes
storm water discharges from industrial plant yards; immediate access roads and
rail lines used or traveled by carriers of raw materials, manufactured
products, waste materials, or by-products used or created by the facility;
material handling sites; refuse sites; sites used for the application or
disposal of process waste water as defined in 40 CFR 401; sites used for the
storage and maintenance of material handling equipment; sites used for residual
treatment, storage, or disposal; shipping and receiving areas; manufacturing
buildings; storage areas, including tank farms, for raw materials, and
intermediate and final products; and areas where industrial activity has taken
place in the past and significant materials remain and are exposed to storm
water. For this paragraph, material handling activities include storage,
loading and unloading, transportation, or conveyance of any raw material,
intermediate product, final product, by-product or waste product. The term
excludes areas located on plant lands separate from plant's industrial
activities, such as office buildings and accompanying parking lots as long as
the drainage from the excluded areas is not mixed with storm water drained from
the above described areas. Industrial facilities, including industrial
facilities that are federally, State, or municipally owned or operated that
meet the description of the facilities listed in Subsections R317-8-11.3(d) 1
through R317-8-11.3(d) 10, include those facilities designated under Subsection
R317-8-11.3(1)(a) 6.
(d) The
following categories of facilities are considered to be engaging in "industrial
activity" for the purposes of this section and as referenced in Subsection
R317-8-11.3(1)(a) 2 and R317-8-11.3(6)(c):
1.
facilities subject to storm water effluent limitations guidelines, new source
performance standards, or toxic pollutant effluent standards, or toxic
pollutant effluent standards under 40 CFR subchapter N except facilities with
toxic pollutant effluent standards which are exempted under Subsection
R317-8-11.3(6)(d) 10;
2. facilities
classified as Standard Industrial Classifications 24 except 2434, 26 except 265
and 267, 28 except 283 and 285, 29, 311, 32 except 323, 33, 3441,
373;
3. facilities classified as
Standard Industrial Classifications 10 through 14, mineral industries,
including active or inactive mining operations, except for areas of coal mining
operations no longer meeting the definition of a reclamation area because the
performance bond issued to the facility by the appropriate SMCRA authority has
been released, or except for areas of non-coal mining operations which have
been released from applicable State or Federal reclamation requirements after
December 17, 1990, and oil and gas exploration, production, processing, or
treatment operations, or transmission facilities that discharge storm water
contaminated by contact with or that has come into contact with, any
overburden, raw material, intermediate products, finished products, byproducts
or waste products located on the site of such operations. Inactive mining
operations are mining sites that are not being actively mined, but which have
an identifiable owner or operator. Inactive mining sites do not include sites
where mining claims are being maintained prior to disturbances associated with
the extraction, beneficiation, or processing of mined materials, nor sites
where minimal activities are undertaken for the sole purpose of maintaining a
mining claim;
4. hazardous waste
treatment, storage, or disposal facilities, including those that are operating
under interim status or a permit under subtitle C of RCRA;
5. 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 under this subsection, including
those that are subject to regulation under subtitle D of RCRA;
6. facilities involved in the recycling of
materials, including metal scrap yards, battery reclaimers, salvage yards, and
automobile junkyards, classified as Standard Industrial Classification 5015 and
5093;
7. steam electric power
generating facilities, including coal handling sites;
8. transportation facilities classified as
Standard Industrial Classifications 40, 41, 42 except 4221-25, 43, 44, 45, and
5171 which have vehicle maintenance shops, equipment cleaning operations, or
airport deicing operations. Only those portions of the facility that are either
involved in vehicle maintenance, such as vehicle rehabilitation, mechanical
repairs, painting, fueling, and lubrication, equipment cleaning operations,
airport deicing operations, or which are otherwise identified under Subsections
R317-8-11.3(6)(d) 1 through R317-8-11.3(6)(d) 7 or R317-8-11.3(6)(d) 9 through
R317-8-11.3(6)(d) 10 are associated with industrial activity;
9. 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. 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 requirements for disposal of
sewage sludge; and
10. facilities
under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267,
27, 283, 285, 30, 31 except 311, 323, 34 except 3441, 35, 36, 37 except 373,
38, 39, 4221-25.
(e)
Storm water discharge associated with construction activity means the discharge
of storm water from:
1. Construction
activities including clearing, grading, and excavating that result in land
disturbance of equal to or greater than one acre. Construction activity also
includes the disturbance of less than one acre of total land area that is part
of a larger common plan of development or sale if the larger common plan will
ultimately disturb equal to or greater than one acre. Construction activity
does not include routine maintenance that is performed to maintain the original
line and grade, hydraulic capacity, or original purpose of the facility. The
Director may waive the otherwise applicable requirements in a general permit
for a storm water discharge from construction activities that disturb less than
five acres where:
a. the value of the rainfall
erosivity factor, "R" in the Revised Universal Soil Loss Equation, is less than
five during the period of construction activity. The rainfall erosivity factor
is determined in accordance with Chapter 2 of Agriculture Handbook Number 703,
Predicting Soil Erosion by Water: A Guide to Conservation Planning With the
Revised Universal Soil Loss Equation (RUSLE), page 21-64, dated January 1997.
Copies may be obtained from EPA's Water Resource Center, Mail Code RC4100, 401
M St. S.W., Washington, DC 20460. A copy is also available for inspection at
the U.S. EPA Water Docket, 401 M Street S.W., Washington, DC. 20460, or the
Office of Federal Register, 800 N. Capitol Street N.W. Suite 700, Washington,
DC. An Operator must certify to the Director that the construction activity
will take place during a period when the value of the rainfall erosivity factor
is less than five; or
b. storm
water controls are not needed based on a "total maximum daily load" (TMDL)
approved by EPA that addresses the pollutants of concern or, for non-impaired
waters that do not require TMDLs, an equivalent analysis that determines
allocations for construction sites for the pollutants of concern or that
determines that such allocations are not needed to protect water quality based
on consideration of existing in-stream concentrations, expected growth in
pollutant contributions from each source, and a margin of safety. For this
paragraph, the pollutants of concern include sediment or a parameter that
addresses sediment, such as total suspended solids, turbidity or siltation, and
any other pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the construction activity. The
operator must certify to the Director that the construction activity will take
place, and storm water discharges will occur, within the drainage area
addressed by the TMDL or equivalent analysis; and
2. any other construction activity designated
by the Director based on the potential for contribution to a violation of a
water quality standard or for significant contribution of pollutants to waters
of the State.
(7) Conditional exclusion for no exposure of
industrial activities and materials to storm water. Discharges composed
entirely of storm water are not storm water discharges associated with
industrial activity if there is "no exposure" of industrial materials and
activities to rain, snow, snow melt and runoff, and the discharger satisfies
the conditions in Subsections R317-8-11.3(7)(a) through R317-8-11.3(7)(d). "No
exposure" means that industrial materials and activities are protected by a
storm resistant shelter to prevent exposure to rain, snow, snow melt, and
runoff. Industrial materials or activities include 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.
(a) Qualification. To qualify for this
exclusion, the operator of the discharge must:
1. provide a storm resistant shelter to
protect industrial materials and activities from exposure to rain, snow, snow
melt, and runoff;
2. complete and
sign, according to Subsection R317-8-3.4, a certification that there are no
discharges of storm water contaminated by exposure to industrial materials and
activities from the entire facility, except as provided in Subsection
R317-8-11.3(7)(b);
3. submit the
signed certification to the Director once every five years;
4. allow the Director or authorized
representative to inspect the facility to determine compliance with the "no
exposure" conditions;
5. allow the
Director or authorized representative to make any "no exposure" inspection
reports available to the public upon request; and
6. for facilities that discharge through an
MS4, upon request, submit a copy of the certification of no exposure to the MS4
operator, as well as allow inspection and public reporting by the MS4
operator.
(b) Industrial
materials and activities not requiring storm resistant shelter. To qualify for
this exclusion, storm resistant shelter is not required for:
1. drums, barrels, tanks, and similar
containers that are tightly sealed, meaning banded or otherwise secured and
without operational taps or valves, provided those containers are not
deteriorated and do not leak;
2.
adequately maintained vehicles used in material handling; and
3. final products, other than products that
would be mobilized in storm water discharge e.g., rock salt.
(c) Limitations.
1. Storm water discharges from construction
activities identified in Subsection R317-8-11.3(6)(e) are not eligible for this
conditional exclusion.
2. This
conditional exclusion from the requirement for a UPDES permit is available on a
facility-wide basis only, not for individual outfalls. If a facility has some
discharges of storm water that would otherwise be no exposure discharges,
individual permit requirements should be adjusted accordingly.
3. If circumstances change and industrial
materials or activities become exposed to rain, snow, snow melt, and runoff,
the conditions for this exclusion no longer apply. In such cases, the discharge
becomes subject to enforcement for un-permitted discharge. Any conditionally
exempt discharger who anticipates changes in circumstances should apply for and
obtain permit authorization prior to the change of circumstances.
4. The Director retains the authority to
require permit authorization and deny this exclusion upon making a
determination that the discharge causes, has a reasonable potential to cause,
or contributes to an instream excursion above an applicable water quality
standard, including designated uses.
(d) Certification. The no exposure
certification must require the submission of the following information, at a
minimum, to aid the Director in determining if the facility qualifies for the
no exposure exclusion:
1. the legal name,
address and phone number of the discharger as identified in Subsection
R317-8-3.1(3).
2. the facility name
and address, the county name and the latitude and longitude where the facility
is located;
3. an indication that
none of the following materials or activities are, or will be in the
foreseeable future, exposed to precipitation:
a. using, storing, or cleaning industrial
machinery or equipment, and areas where residuals from using, storing or
cleaning industrial machinery or equipment remain and are exposed to storm
water;
b. materials or residuals on
the ground or in storm water inlets from spills or leaks;
c. materials or products from past industrial
activity;
d. materials handling
equipment, except adequately maintained vehicles;
e. materials or products during loading and
unloading or transporting activities;
f. materials or products stored outdoors,
except final products intended for outside use, e.g., new cars, where exposure
to storm water does not result in the discharge of pollutants;
g. materials contained in open, deteriorated
or leaking storage drums, barrels, tanks, and similar containers;
h. materials or products handled or stored on
roads or railways owned or maintained by the discharger;
i. waste material, except waste in covered
and non-leaking containers such as dumpsters;
j. application or disposal of process
wastewater, unless otherwise permitted; and
k. particulate matter or visible deposits or
residuals from roof stacks or vents not otherwise regulated, i.e., under an air
quality control permit, and evident in the storm water outflow.
4. No exposure certifications must
include the following certification statement, and be signed in accordance with
the signatory requirements of Section R317-8-3.3 "I certify under penalty of
law that I have read and understand the eligibility requirements for claiming a
condition of no exposure and obtaining an exclusion from UPDES storm water
permitting. I certify under penalty of law that there are no discharges of
storm water contaminated by exposure to industrial activities or materials from
the industrial facility identified in this document. I understand that I am
obligated to submit a no exposure certification form once every five years to
the Division of Water Quality and understand that I must obtain coverage under
a UPDES permit prior to any point source discharge of storm water from the
facility. Additionally, I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gathered and
evaluated the information submitted. Based upon my inquiry of the person or
persons who manage the system, or those persons directly involved in gathering
the information, the information submitted is to the best of my knowledge and
belief true, accurate and complete. I am aware there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(8) The Director may designate small MS4s
other than those described in
40
CFR 122.32(a)(1), with
substitutions described in Subsection R317-8-1.10(12), to be covered under the
UPDES storm water permit program, and require a UPDES storm water permit.
Designations of this kind will be based on whether a storm water discharge
results in or has the potential to result in exceedances of water quality
standards, including impairment of designated uses, or other significant water
quality impacts, including habitat and biological impacts; and shall apply to
any small MS4 located outside of an urbanized area serving a population density
of at least 1,000 people per square mile and a population of at least 10,000.
(a) Criteria used in designation may include:
1. discharge(s) to sensitive
waters;
2. areas with high growth
or growth potential;
3. areas with
a high population density;
4. areas
that are contiguous to an urbanized area;
5. small MS4s that cause a significant
contribution of pollutants to waters of the State;
6. small MS4s that do not have effective
programs to protect water quality by other programs; or
7. other appropriate criteria.
(b) Permits for designated MS4s
under this paragraph shall be under the same requirements as small MS4s
designated under
40
CFR 122.32(a)(1) with
substitutions as described in Subsection R317-8-1.10(12).
(9) Reporting requirements for municipal
separate storm sewer systems. The operator of a large, medium, or small
municipal separate storm sewer system or a municipal separate storm sewer that
has been determined by the Director under Subsection R317-8-11.3(1)(a) 6 must
submit an annual report by October 1st each year. The report shall include:
1. the status of implementing the components
of the storm water management program that are established as permit
conditions;
2. a summary of data or
indicators of overall plan effectiveness, including monitoring data, that is
accumulated throughout the reporting year;
3. a fiscal analysis of the necessary capital
and operation and maintenance expenditures necessary to accomplish the
activities of the programs under Subsection R317-8-11.3(3)(b). Such analysis
shall include a description of the source of funds that are proposed to meet
the necessary expenditures, including legal restrictions on the use of such
funds;
4. a summary describing the
number and nature of enforcement actions, inspections, and public education
programs; and
5. identification of
water quality improvements or degradation.
11.4 QUALIFYING STATE OR LOCAL PROGRAMS
(1) For storm water discharges associated
with construction activity identified in Subsection R317-8-11.3(6)(e), the
Director may include permit conditions that incorporate qualifying State or
local erosion and sediment control program requirements by reference. Where a
qualifying State or local program does not include one or more of the elements
in this paragraph then the Director must include those elements as conditions
in the permit. A qualifying State or local erosion and sediment control program
is one that includes:
(a) requirements for
construction site operators to implement appropriate erosion and sediment
control best management practices;
(b) requirements for construction site
operators to control waste such as discarded building materials, concrete truck
washout, chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality;
(c) requirements for construction site
operators to develop and implement a storm water pollution prevention plan that
includes site descriptions of appropriate control measures, copies of approved
State, local requirements, maintenance procedures, inspections procedures, and
identification of non-storm water discharges; and
(d) requirements to submit a site plan for
review that incorporates consideration of potential water quality
impacts.
(2) For storm
water discharges from construction activity identified in Subsection
R317-8-11.3(6)(e), the Director may include permit conditions that incorporate
qualifying State or local erosion and sediment control program requirements by
reference. A qualifying State or local erosion and sediment control program is
one that includes the elements listed in Subsection R317-8-11.4(1) and any
additional requirements necessary to achieve the applicable technology-based
standards of "best available technology" and "best conventional technology"
based on the best professional judgment of the permit writer.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.