ML093280561
| ML093280561 | |
| Person / Time | |
|---|---|
| Site: | Bell Bend |
| Issue date: | 07/01/1998 |
| From: | US Government Printing Office (GPO) |
| To: | Office of New Reactors |
| Shared Package | |
| ML093270273 | List: |
| References | |
| BNP-2009-356 | |
| Download: ML093280561 (16) | |
Text
[Code of
[Code of Federal Federal Regulations)
Regulations)
[Title
[Title 40, 40, Volume Volume 13,13, Parts Parts 87 87 toto 135) 135)
[Revised as
[Revised as of of July July 1,1, 1998) 1998)
From the From the U.S.
U.S. Government Government Printing Printing Office Office viavia GPO GPO Access Access
[CITE: 40CFR122.26)
[CITE: 40CFR122.26) 40CFR122 . 26)
[Page 657-675)
[Page 657-675)
TITLE 40--PROTECTION TITLE 40--PROTECTION OF OF ENVIRONMENT ENVIRONMENT AGENCY (CONTINUED)
AGENCY (CONTINUED)
PART 122--EPA PART 122--EPA ADMINISTERED ADMINISTERED PERMIT PERMIT PROGRAMS:
PROGRAMS: THE THE NATIONAL NATIONAL POLLUTANT POLLUTANT DISCHARGE DISCHARGE ELIMINATION ELIMINATION SYSTEM--Table SYSTEM--Table of of Contents Contents Subpart B--Permit Subpart B--Permit Application Application and and Special Special NPDES NPDES Program Program Requirements Requirements Sec. 122.26 Sec. 122.26 Storm water Storm water discharges discharges (applicable (applicable to to State State NPDES NPDES programs, programs, see see Sec.
Sec. 123.25).
123.25).
(a) Permit (a) Permit requirement.
requirement. (1) (1) Prior Prior to to October October 1, 1, 1994, 1994, discharges discharges composed entirely of composed entirely of storm storm water water shall shall notnot be be required required toto obtain obtain aa NPDES NPDES permit except:
permit except:
(i) A (i) A discharge discharge withwith respect respect to to which which aa permit permit hashas been been issued issued prior prior to February to February 4, 4, 1987; 1987; (ii) A (ii) A discharge discharge associated associated with with industrial industrial activity activity (see (see Sec. 122.26(a)
Sec. 122.26(a) (4>>;
(4>>;
(iii) A (iii) A discharge discharge from from aa large large municipal municipal separate separate storm storm sewer sewer system; system; (iv) A (iv) A discharge discharge from from aa medium medium municipal municipal separate separate storm storm sewer sewer system; system; (v) A (v) A discharge discharge which which the the Director, Director, or or in in States States with with approved approved NPDES NPDES programs, either programs, either thethe Director Director or or the the EPA EPA Regional Regional Administrator, Administrator, determines to determines to contribute contribute to to aa violation violation of of aa water water quality quality standard standard or or is aa significant is significant contributor contributor of of pollutants pollutants to to waters waters ofof the the United United States. This States. This designation designation may may include include aa discharge discharge from from any any conveyance conveyance or or system of system of conveyances conveyances used used forfor collecting collecting and and conveying conveying storm storm water water runoff or runoff or aa system system of of discharges discharges from from municipal municipal separate separate storm storm sewers, sewers, except for except for those those discharges discharges from from conveyances conveyances which which do do not not require require aa permit under permit under paragraph paragraph (a) (a) (2)
(2) ofof this this section section or or agricultural agricultural storm storm water runoff water runoff which which is is exempted exempted from from the the definition definition of of point point source source at at Sec. 122.2.
Sec. 122.2.
The Director may The Director may designate designate discharges discharges from from municipal municipal separate separate storm storm sewers on sewers on aa system-wide system-wide or or jurisdiction-wide jurisdiction-wide basis. basis. InIn making making this this determination the determination the Director Director may may consider consider the the following following factors:
factors:
(A) The (A) The location location of of the the discharge discharge with with respect respect to to waters waters of of the the United States United States asas defined defined at at 4040 CFR CFR 122.2.
122.2.
(B) The (B) The size size of of the the discharge; discharge; (C) The (C) The quantity quantity and and nature nature of of the the pollutants pollutants discharged discharged to to waters waters of the of the United United States; States; and and (D) Other (D) Other relevant relevant factors.
factors.
(2) The (2) The Director Director may may not not require require aa permit permit for for discharges discharges of of storm storm water runoff water runoff from from mining mining operations operations or or oil oil and and gas gas exploration, exploration, production, processing production, processing or or treatment treatment operations operations or or
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transmission facilities, transmission facilities, composed composed entirely entirely of of flows flows which which are are from from conveyances conveyances or or systems systems of of conveyances conveyances (including (including butbut not not limited limited to to pipes, conduits, pipes, conduits, ditches, ditches, and and channels) channels) usedused for for collecting collecting andand conveying precipitation conveying precipitation runoff runoff andand which which are are not not contaminated contaminated by by contact contact with or with or that that has has not not come come into into contact contact with, with, any any overburden, overburden, raw raw material, intermediate material, intermediate products, products, finished finished product, product, byproduct byproduct or or waste waste products located products located on on the the site site ofof such such operations.
operations.
(3) Large (3) Large and and medium medium municipal municipal separate separate storm storm sewer sewer systems.
systems. (i) (i)
Permits must Permits must bebe obtained obtained for for all all discharges discharges fromfrom large large and and medium medium municipal separate municipal separate storm storm sewer sewer systems.
systems.
(ii) The (ii) The Director Director may may either either issue issue oneone system-wide system-wide permit permit covering covering all discharges all discharges from from municipal municipal separate separate storm storm sewers sewers within within aa large large oror medium municipal medium municipal storm storm sewer sewer system system oror issue issue distinct distinct permits permits forfor appropriate categories appropriate categories of of discharges discharges within within aa large large oror medium medium municipal municipal separate storm separate storm sewer sewer system system including, including, but but not not limited limited to:
to: all all discharges owned discharges owned or or operated operated by by the the same same municipality; municipality; located located within within the same the same jurisdiction; jurisdiction; all all discharges discharges within within aa system system that that discharge discharge to to the same the same watershed; watershed; discharges discharges withinwithin aa system system that that are are similar similar in in nature; or nature; or for for individual individual discharges discharges from from municipal municipal separate separate storm storm sewers within sewers within thethe system.
system.
(iii) The (iii) The operator operator of of aa discharge discharge fromfrom aa municipal municipal separate separate storm storm sewer which sewer which is is part part ofof aa large large oror medium medium municipal municipal separate separate storm storm sewer sewer system must system must either:
either:
(A) Participate (A) Participate in in aa permit permit application application (to (to be be aa permittee permittee or or aa co-co permittee) with permittee) with oneone or or more more other other operators operators of of discharges discharges from from the the large large or medium or medium municipal municipal stormstorm sewer sewer system system which which covers covers all, all, oror aa portion portion of of
all, discharges all, discharges from from thethe municipal municipal separate separate storm storm sewer sewer system; system; (B) Submit (B) Submit aa distinct distinct permit permit application application whichwhich only only covers covers discharges from discharges from thethe municipal municipal separate separate storm storm sewers sewers forfor which which thethe operator is operator is responsible; responsible; or or (C) A (C) A regional regional authority authority may may be be responsible responsible for for submitting submitting aa permit permit application under application under the the following following guidelines:
guidelines:
(1) The (1) The regional regional authority authority together together with with co-applicants co-applicants shall shall have have authority over authority over aa storm storm water water management management program program that that isis in in existence, existence, or or shall be shall be in in existence existence at at the the time time part part 11 ofof the the application application is is due; due; (2) The (2) The permit permit applicant applicant or or co-applicants co-applicants shall shall establish establish their their ability to ability to make make aa timely timely submission submission of of part part 11 and and part part 2 2 of of the the municipal application; municipal application; (3) Each (3) Each ofof the the operators operators of of municipal municipal separate separate storm storm sewers sewers within within the systems the systems described described in in paragraphs paragraphs (bl (bl (41 (41 (iI, (iI, (iiI, (iiI, and and (iii)
(iii) oror (bl (71 (bl (iI, (iiI, (71 (iI, (iiI, andand (iiil (iiil ofof this this section, section, that that are are under under thethe purview purview of the of the designated designated regional regional authority, authority, shallshall comply comply with with the the application application requirements of requirements of paragraph paragraph (dl (dl ofof this this section.
section.
(ivl One (ivl One permit permit application application may may bebe submitted submitted for for all all oror aa portion portion of of all municipal all municipal separate separate stormstorm sewers sewers within within adjacent adjacent or or interconnected interconnected large or large or medium medium municipal municipal separate separate storm storm sewer sewer systems.
systems. TheThe Director Director may may issue one issue one system-wide system-wide permit permit covering covering all, all, oror aa portion portion of of all all municipal municipal separate storm separate storm sewers sewers in in adjacent adjacent or or interconnected interconnected large large oror medium medium municipal separate municipal separate storm storm sewer sewer systems.
systems.
(v) Permits (v) Permits for for all all oror aa portion portion of of all all discharges discharges fromfrom large large or or medium municipal medium municipal separate separate storm storm sewer sewer systems systems that that are are issued issued on on aa system-wide, jurisdiction-wide, system-wide, jurisdiction-wide, watershed watershed or or other other basis basis maymay specify specify different conditions different conditions relating relating to to different different discharges discharges covered covered by by the the permit, including permit, including different different management management programs programs forfor different different drainage drainage areas which areas which contribute contribute storm storm water water toto the the system.
system.
(viI Co-permittees (viI Co-permittees need need only only comply comply with with permit permit conditions conditions relating relating to discharges to discharges from from thethe municipal municipal separate separate storm storm sewers sewers forfor which which they they are operators.
are operators.
(4) Discharges (4) Discharges through through large large and and medium medium municipal municipal separate separate stormstorm sewer systems.
sewer systems. In In addition addition to to meeting meeting thethe requirements requirements of of paragraph paragraph (cl (cl of this of this section, section, an an operator operator of of aa storm storm water water discharge discharge associated associated with with industrial activity industrial activity whichwhich discharges discharges through through aa large large oror medium medium municipal municipal separate storm separate storm sewer sewer system system shall shall submit, submit, to to the the operator operator of of the the municipal separate municipal separate storm storm sewer sewer system system receiving receiving thethe discharge discharge no no later later than May than May IS, IS, 1991, 1991, or or 180 180 days days prior prior toto commencing commencing suchsuch discharge:
discharge:
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the name of the name of the the facility; facility; aa contact contact person person and and phone phone number; number; the the location of location of the the discharge; discharge; aa description, description, including including Standard Standard Industrial Industrial Classification, which Classification, which best best reflects reflects the the principal principal products products or or services services provided by provided by each each facility; facility; and and any any existing existing NPDES NPDES permit permit number.
number.
(5) Other (5) Other municipal municipal separate separate storm storm sewers.
sewers. TheThe Director Director may may issue issue permits for permits for municipal municipal separate separate stormstorm sewers sewers that that are are designated designated underunder paragraph (al paragraph (al (II (II (vI (vI of of this this section section on on aa system-wide system-wide basis, basis, jurisdiction-wide basis, jurisdiction-wide basis, watershed watershed basisbasis or or other other appropriate appropriate basis, basis, or or may issue may issue permits permits for for individual individual discharges.
discharges.
(6) Non-municipal (6) Non-municipal separate separate stormstorm sewers.
sewers. ForFor storm storm water water discharges discharges associated with associated with industrial industrial activity activity fromfrom point point sources sources which which discharge discharge through aa non-municipal through non-municipal or or non-publicly non-publicly ownedowned separate separate storm storm sewer sewer system, the system, the Director, Director, in in his his discretion, discretion, may may issue:
issue: aa single single NPDES NPDES permit, with permit, with each each discharger discharger aa co-permittee co-permittee to to aa permit permit issued issued to to the the operator of operator of the the portion portion of of the the system system that that discharges discharges into into waters waters of of the the United States; United States; or, or, individual individual permits permits to to each each discharger discharger of of storm storm water water associated with associated with industrial industrial activity activity through through thethe non-municipal non-municipal conveyance conveyance system.
system.
(i) All (i) All storm storm water water discharges discharges associated associated with with industrial industrial activity activity that discharge that discharge through through aa storm storm water water discharge discharge system system that that isis not not aa municipal separate municipal separate storm storm sewer sewer must must bebe covered covered by by an an individual individual permit, permit, or aa permit or permit issued issued to to the the operator operator of of the the portion portion of of the the system system that that discharges to discharges to waters waters of of the the United United States, States, with with each each discharger discharger to to the the non-municipal conveyance non-municipal conveyance aa co-permittee co-permittee to to that that permit.
permit.
(iiI Where (iiI Where there there is is more more than than one one operator operator of of aa single single system system of of such conveyances, such conveyances, all all operators operators of of storm storm water water discharges discharges associated associated with industrial with industrial activity activity mustmust submit submit applications.
applications.
(iiil Any (iiil Any permit permit covering covering more more than than one one operator operator shall shall identify identify the the effluent limitations, effluent limitations, or or other other permit permit conditions, conditions, if if any, any, that that apply apply toto each operator.
each operator.
(7) Combined (7) Combined sewersewer systems.
systems. Conveyances Conveyances that that discharge discharge storm storm water water runoff combined runoff combined withwith municipal municipal sewage sewage areare point point sources sources thatthat must must obtain obtain NPDES permits NPDES permits in in accordance accordance with with thethe procedures procedures of of Sec.
Sec. 122.21 122 . 21 and and are are not subject not subject to to the the provisions provisions of of this this section.
section.
Whether aa discharge (81 Whether (81 discharge from from aa municipal municipal separate separate storm storm sewer sewer isis or or is not is not subject subject to to regulation regulation underunder this this section section shall shall have have nono bearing bearing on on whether the whether the owner owner or or operator operator of of the the discharge discharge is is eligible eligible for for funding funding under title under title II, II, title title III III or or title title VIVI ofof the the Clean Clean Water Water Act.
Act. SeeSee 40 40 CFR CFR part 35, part 35, subpart subpart I, I, appendix appendix A(bIH.2.j.
A(bIH.2.j.
(91 On (91 On and and after after October October I, I, 1994, 1994, dischargers dischargers composed composed entirely entirely of of
storm water, storm water, thatthat are are notnot otherwise otherwise alreadyalready required required by by paragraph paragraph (a) (a) (1)
(1) of this section of this section to to obtain obtain aa permit,permit, shallshall be be required required to to apply apply for for and and obtain aa permit obtain permit according according to to thethe application application requirements requirements in in paragraph paragraph (g) of (g) of this this section.
section. The The Director Director may may notnot require require aa permitpermit for for discharges of discharges of storm storm water water as as provided provided in in paragraph paragraph (a) (a) (2)
(2) of of this this section or section or agricultural agricultural storm storm water water runoff runoff which which is is exempted exempted from from the the definition of definition of point point source source at at Secs.
Secs. 122 122 .. 22 and and 122.3.
122.3.
(b)) Definitions.
(b Definitions. (1) Co-permittee means (1) Co-permittee means aa permittee permittee to to aa NPDES NPDES permit that permit that is is only only responsible responsible for for permit permit conditions conditions relatingrelating to to the the discharge for discharge for which which it it is is operator.
operator.
Illicit discharge (2) Illicit (2) discharge means means any any discharge discharge to to aa municipal municipal separate separate storm sewer storm sewer thatthat is is not not composed composed entirely entirely of of storm storm waterwater except except discharges pursuant discharges pursuant to to aa NPDES NPDES permit permit (other (other than than the the NPDES NPDES permit permit forfor discharges from discharges from the the municipal municipal separateseparate storm storm sewer)sewer) and and discharges discharges resulting from resulting from fire fire fighting fighting activities.
activities.
Incorporated place (3) Incorporated (3) place meansmeans the the District District of of Columbia, Columbia, or or aa city, city, town, township, town, township, or or village village that that is is incorporated incorporated under under the the lawslaws of of the the State in State in which which it it isis located.
located.
Large municipal (4) Large (4) municipal separateseparate storm storm sewer sewer systemsystem meansmeans all all municipal municipal separate storm separate storm sewers sewers that that are are either:
either:
(i) Located (i) Located in in anan incorporated incorporated place place with with aa population population of of 250,000 250,000 or or more as more as determined determined by by thethe latest latest Decennial Decennial Census Census by by the the Bureau Bureau of of Census (appendix Census (appendix F); F); or or (ii) Located (ii) Located in in the the counties counties listedlisted in in appendix appendix H, H, except except municipal municipal separate storm separate storm sewers sewers that that are are located located in in the the incorporated incorporated places, places, townships or townships or towns towns within within such such counties; counties; or or (iii) Owned (iii) Owned or or operated operated by by aa municipality municipality other other thanthan thosethose described described in in
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paragraph paragraph (b) (b) (4)
(4) (i) or or (ii)
(ii) of of this this section section and and that that are are designated designated by by the Director the Director as as part part of of thethe large large or or medium medium municipal municipal separateseparate storm storm sewer system sewer system due due to to the the interrelationship interrelationship between between the the discharges discharges of of the the designated storm designated storm sewersewer and and thethe discharges discharges from from municipal municipal separateseparate stormstorm sewers described sewers described under under paragraph paragraph (b) (b) (4)
(4) (i) (i) or or (ii)
(ii) of of this this section.
section. In In making this making this determination determination the the Director Director may may consider consider the the following following factors:
factors:
(A) Physical (A) Physical interconnections interconnections between between the the municipal municipal separateseparate stormstorm sewers; sewers; (B) The (B) The location location of of discharges discharges from from the the designated designated municipal municipal separate storm separate storm sewersewer relative relative to to discharges discharges from from municipal municipal separate separate storm sewers storm sewers described described in in paragraph paragraph (b) (b) (4)
(4) (i)(i) ofof thi.s thi.s section; section; (C) The (C) The quantity quantity and and nature nature of of pollutants pollutants dischargeddischarged to to waters waters of of the United the United States; States; (D) The (D) The nature nature of of thethe receiving receiving waters;waters; and and (E) Other (E) Other relevant relevant factors; factors; or or (iv) The (iv) The Director Director may, may, uponupon petition, petition, designate designate as as aa large large municipal municipal separate storm separate storm sewersewer system, system, municipal municipal separate separate storm storm sewers sewers located located within the within the boundaries boundaries of of aa region region defined defined by by aa storm storm water water management management regional authority regional authority based based on on aa jurisdictional, jurisdictional, watershed, watershed, or or other other appropriate basis appropriate basis that that includes includes one one oror more more of of the the systems systems described described in in paragraph (b) paragraph (b) (4)
(4) (i),
(i), (ii),
(ii), (iii)(iii) of of this this section.
section.
(5) Major (5) Major municipal municipal separate separate storm storm sewersewer outfall outfall (or (or "major "major outfall' ') means outfall") means aa municipal municipal separate separate storm storm sewer sewer outfall outfall that that discharges from discharges from aa single single pipe pipe with with an an inside inside diameter diameter of of 36 36 inches inches or or more or more or its its equivalent equivalent (discharge(discharge from from aa singlesingle conveyance conveyance other other than than circular pipe circular pipe whichwhich is is associated associated with with aa drainage drainage area area of of more more than than 5050 acres);
acres) ; or or for for municipal municipal separateseparate storm storm sewers sewers that that receive receive storm storm water water from lands from lands zoned zoned for for industrial industrial activityactivity (based (based on on comprehensive comprehensive zoning zoning plans or plans or the the equivalent),
equivalent), an an outfall outfall that that discharges discharges from from aa single single pipepipe with an with an inside inside diameter diameter of of 1212 inches inches or or more more or or from from its its equivalent equivalent (discharge from (discharge from other other than than aa circular circular pipe pipe associated associated with with aa drainage drainage area of area of 22 acres acres or or more) more) ..
Major outfall (6) Major (6) outfall meansmeans aa majormajor municipal municipal separate separate storm storm sewer sewer outfall.
outfall.
(7) Medium (7) Medium municipal municipal separateseparate storm storm sewersewer systemsystem means means all all municipal municipal separate storm separate storm sewers sewers that that are are either:
either:
(i) Located (i) Located in in an an incorporated incorporated place place with with aa population population of of 100,000 100,000 or or more but more but less less than than 250,000, 250,000, as as determined determined by by thethe latest latest Decennial Decennial CensusCensus by the by the Bureau Bureau of of Census Census (appendix (appendix G); G); or or (ii) Located (ii) Located in in thethe counties counties listed listed in in appendix appendix I, I, except except municipal municipal separate storm separate storm sewers sewers that that areare located located in in the the incorporated incorporated places, places, townships or townships or towns towns within within such such counties; counties; or or (iii) Owned (iii) Owned or or operated operated by by aa municipality municipality other other thanthan thosethose described described in paragraph in paragraph (b) (b) (4)
(4) (i) (i) oror (ii)
(ii) of of this this section section and and that that are are designated designated by the by the Director Director as as part part of of the the large large or or medium medium municipal municipal separate separate stormstorm sewer system sewer system due due toto thethe interrelationship interrelationship between between the the discharges discharges of of the the designated storm designated storm sewersewer and and thethe discharges discharges from from municipal municipal separate separate stormstorm sewers described sewers described under under paragraph paragraph (b) (b) (4)
(4) (i) (i) oror (ii)
(ii) of of this this section.
section. In In making this making this determination determination the the Director Director may may consider consider the the following following factors:
factors:
(A) Physical (A) Physical interconnections interconnections betweenbetween the the municipal municipal separate separate storm storm sewers; sewers; (B) The (B) The location location of of discharges discharges from from thethe designated designated municipal municipal separate storm separate storm sewer sewer relative relative to to discharges discharges from from municipal municipal separate separate storm sewers storm sewers described described in in paragraph paragraph (b) (b) (7)
(7) (i)
(i) of of this this section; section; (e) The (e) The quantity quantity andand nature nature of of pollutants pollutants discharged discharged to to waters waters of of the United the United States; States; (D) The (D) The nature nature ofof the the receiving receiving waters; waters; or or (E) Other (E) Other relevant relevant factors; factors; or or (iv) The (iv) The Director Director may, may, upon upon petition, petition, designate designate as as aa medium medium municipal separate municipal separate storm storm sewer sewer system, system, municipal municipal separate separate storm storm sewers sewers located within located within thethe boundaries boundaries of of aa region region defined defined by by aa storm storm water water management regional management regional authority authority based based onon aa jurisdictional, jurisdictional, watershed, watershed, or or other appropriate other appropriate basis basis that that includes includes one one or or more more ofof the the systems systems described in described in paragraphs paragraphs (b) (b) (7) (i), (ii),
(7) (i), (ii), (iii)
(iii) of of this this section.
section.
(8) Municipal (8) Municipal separate separate storm storm sewer sewer means means aa conveyance conveyance or or system system of of conveyances (including conveyances (including roads roads with with drainage drainage systems, systems, municipal municipal streets, streets, catch basins, catch basins, curbs, curbs, gutters, gutters, ditches, ditches, man-made man-made channels, channels, or or storm storm drains) ::
drains)
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(i) Owned (i) Owned or or operated operated by by aa State, State, city, city, town, town, borough, borough, county, county, parish, district, association, parish, district, association, or or other other public public body body (created (created by by or or pursuant to pursuant to State State law) law) having having jurisdiction jurisdiction over over disposal disposal of of sewage, sewage, industrial wastes, industrial wastes, storm storm water, water, or or other other wastes, wastes, including including special special districts under districts under State State law law such such as as aa sewer sewer district, district, flood flood control control district or district or drainage drainage district, district, or or similar similar entity, entity, or or an an Indian Indian tribe tribe or or an authorized an authorized IndianIndian tribal tribal organization, organization, or or aa designated designated and and approved approved management agency management agency under under section section 208 208 of of the the CWA CWA that that discharges discharges to to waters waters of the of the United United States; States; (ii) Designed (ii) Designed or or used used for for collecting collecting or or conveying conveying storm storm water; water; (iii) Which (iii) Which is is not not aa combined combined sewer; sewer; andand (iv) Which (iv) Which isis not not part part of of aa Publicly Publicly Owned Owned Treatment Treatment WorksWorks (POTW)
(POTW) as as defined at defined at 40 40 eFR eFR 122.2.
122.2.
(9) Outfall (9) Outfall means means aa point point source source as as defined defined byby 4040 eFR eFR 122.2 122.2 atat the the point where point where aa municipal municipal separate separate storm storm sewer sewer discharges discharges to to waters waters of of the the United States United States andand does does not not include include open open conveyances conveyances connecting connecting two two municipal separate municipal separate storm storm sewers, sewers, or or pipes, pipes, tunnels tunnels or or other other conveyances conveyances which connect which connect segments segments of of the the same same stream stream or or other other waters waters of of the the United United States and States and are are used used toto convey convey waters waters of of the the United United States.
States.
(10) Overburden (10) Overburden means means any any material material of of any any nature, nature, consolidated consolidated or or unconsolidated, that unconsolidated, that overlies overlies aa mineral mineral deposit, deposit, excluding excluding topsoil topsoil or or similar naturally-occurring similar naturally-occurring surfacesurface materials materials that that are are not not disturbed disturbed by by mining operations.
mining operations.
(11) Runoff (11) Runoff coefficient coefficient means means thethe fraction fraction of of total total rainfall rainfall thatthat will appear will appear at at aa conveyance conveyance as as runoff.
runoff.
(12) Significant (12) Significant materials materials includes, includes, but but isis not not limited limited to: to: raw raw materials; fuels; materials; fuels; materials materials suchsuch asas solvents, solvents, detergents, detergents, and and plastic plastic pellets; finished pellets; finished materials materials suchsuch asas metallic metallic products; products; rawraw materials materials used in used in food food processing processing or or production; production; hazardous hazardous substances substances designated designated under section under section 101(14) 101(14) ofof CEReLA; CEReLA; anyany chemical chemical the the facility facility is is required required to report to report pursuant pursuant to to section section 313 313 ofof title title IIIIII of of SARA; SARA; fertilizers; fertilizers; pesticides; and pesticides; and waste waste products products such such as as ashes, ashes, slag slag and and sludge sludge that that have have the potential the potential to to be be released released with with storm storm water water discharges.
discharges.
(13) Storm (13) Storm water water means means storm storm water water runoff, runoff, snow snow melt melt runoff, runoff, andand surface runoff surface runoff and and drainage.
drainage.
(14) Storm (14) Storm water water discharge discharge associated associated with with industrial industrial activity activity means means the discharge the discharge from from any any conveyance conveyance whichwhich is is used used for for collecting collecting and and conveying storm conveying storm water water and and which which is is directly directly related related to to manufacturing, manufacturing, processing or processing or raw raw materials materials storage storage areas areas at at an an industrial industrial plant.
plant. The The term does term does notnot include include discharges discharges from from facilities facilities or or activities activities excluded excluded from the from the NPDES NPDES program program under under 40 40 eFR eFR part part 122.122. For For the the categories categories of of industries identified industries identified in in paragraphs paragraphs (b) (b) (14)
(14) (i)
(i) through through (x) (x) of of this this section, the section, the term term includes, includes, but but isis not not limited limited to,to, storm storm water water discharges from discharges from industrial industrial plant plant yards; yards; immediate immediate access access roads roads and and rail rail lines used lines used or or traveled traveled by by carriers carriers of of raw raw materials, materials, manufactured manufactured products, waste products, waste material, material, or or by-products by-products used used or or created created by by the the facility; material facility; material handling handling sites; sites; refuse refuse sites; sites; sites sites used used forfor the the application or application or disposal disposal of of process process waste waste waters waters (as (as defined defined at at 40 40 CFR CFR part 401);
part 401); sites sites used used for for the the storage storage and and maintenance maintenance of of material material handling equipment; handling equipment; sites sites used used forfor residual residual treatment, treatment, storage, storage, or or disposal; shipping disposal; shipping andand receiving receiving areas; areas; manufacturing manufacturing buildings; buildings; storage storage areas (including areas (including tanktank farms) farms) forfor raw raw materials, materials, and and intermediate intermediate and and finished products; finished products; and and areas areas where where industrial industrial activity activity has has taken taken place place in the in the past past and and significant significant materials materials remain remain andand are are exposed exposed to to storm storm water. For water. For the the categories categories of of industries industries identified identified in in paragraph paragraph (b) (14 (b) (14 )) (xi)
(xi) of of this this section, section, the the term term includes includes only only storm storm water water discharges from discharges from all all the the areas areas (except (except access access roads roads and and rail rail lines) lines) thatthat are listed are listed in in the the previous previous sentence sentence where where material material handling handling equipment equipment or or activities, raw activities, raw materials, materials, intermediate intermediate products, products, final final products, products, wastewaste materials, by-products, materials, by-products, or or industrial industrial machinery machinery are are exposed exposed to to storm storm
water.
water. ForFor the the purposes purposes of of this this paragraph, paragraph, material material handling handling activities activities include the include the storage, storage, loading loading andand unloading, unloading, transportation, transportation, or or conveyance of conveyance of any any raw raw material, material, intermediate intermediate product, product, finished finished product, product, by-product or by-product or waste waste product.
product. The The term term excludes excludes areas areas located located on on plant plant lands separate lands separate from from the the plant's plant's industrial industrial activities, activities, such such asas office office buildings and buildings and accompanying accompanying parking parking lots lots asas long long as as the the
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drainage from the drainage from the excluded excluded areas areas is is not not mixed mixed withwith storm storm water water drained drained from the from the above above described described areas.
areas. Industrial Industrial facilities facilities (including (including industrial facilities industrial facilities thatthat are are Federally, Federally, State, State, or or municipally municipally owned owned oror operated that operated that meet meet the the description description of of the the facilities facilities listed listed in in this this paragraph (b) paragraph (b) (14)
(14) (i)-(xi)
(i)-(xi) of of this this section) section) include include those those facilities facilities designated under designated under the the provisions provisions of of paragraph paragraph (a) (a) (1)
(1) (v)
(v) ofof this this section.
section.
The following The following categories categories of of facilities facilities areare considered considered to to be be engaging engaging in in "industrial activity" "industrial activity" for for purposes purposes of of this this subsection:
subsection:
(i) Facilities (i) Facilities subject subject to to storm storm water water effluent effluent limitations limitations guidelines, new guidelines, new source source performance performance standards, standards, or or toxic toxic pollutant pollutant effluent standards effluent standards under under 4040 CFR CFR subchapter subchapter N N (except (except facilities facilities with with toxic pollutant toxic pollutant effluent effluent standards standards which which areare exempted exempted under under category category (xi) in (xi) in paragraph paragraph (b) (b) (14)
(14) of of this this section);
section);
(ii) Facilities (ii) Facilities classified classified as as Standard Standard Industrial Industrial Classifications Classifications 24 24 (except 2434),
(except 2434), 2626 (except (except 265 265 and and 267),
267), 2828 (except (except 283),
283), 29, 29, 311, 311, 32 32 (except 323),
(except 323), 33, 33, 3441, 3441, 373; 373; (iii) Facilities (iii) Facilities classified classified as as Standard Standard Industrial Industrial Classifications Classifications 10 through 10 through 14 14 (mineral (mineral industry) industry) including including active active or or inactive inactive mining mining operations (except operations (except forfor areas areas of of coal coal mining mining operations operations no no longer longer meeting meeting the definition the definition of of aa reclamation reclamation areaarea under under 40 40 CFR CFR 434.11(1) 434.11(1) because because the the performance bond performance bond issued issued toto the the facility facility by by the the appropriate appropriate SMCRA SMCRA authority has authority has been been released, released, or or except except forfor areas areas of of non-coal non-coal mining mining operations which operations which have have been been released released from from applicable applicable StateState or or Federal Federal reclamation requirements reclamation requirements afterafter December December 17,17, 1990) 1990) and and oil oil and and gas gas exploration, production, exploration, production, processing, processing, or or treatment treatment operations, operations, or or transmission facilities transmission facilities that that discharge discharge storm storm water water contaminated contaminated by by contact with contact with oror that that hashas come come into into contact contact with, with, anyany overburden, overburden, raw raw material, intermediate material, intermediate products, products, finished finished products, products, byproducts byproducts or or waste waste products located products located on on the the site site of of such such operations; operations; (inactive (inactive mining mining operations are operations are mining mining sites sites that that are are not not being being actively actively mined, mined, butbut which which have an have an identifiable identifiable owner/operator; owner/operator; inactive inactive miningmining sites sites dodo not not include sites include sites where where mining mining claims claims are are being being maintained maintained priorprior toto disturbances associated disturbances associated with with thethe extraction, extraction, beneficiation, beneficiation, or or processing of processing of mined mined materials, materials, nor nor sites sites where where minimal minimal activities activities are are undertaken for undertaken for the the sole sole purpose purpose of of maintaining maintaining aa miningmining claim);
claim);
(iv) Hazardous (iv) Hazardous waste waste treatment, treatment, storage, storage, or or disposal disposal facilities, facilities, including those including those that that areare operating operating under under interim interim status status or or aa permit permit under subtitle under subtitle C C of of RCRA; RCRA; (v) Landfills, (v) Landfills, landland application application sites, sites, and and open open dumps dumps that that receive receive or have or have received received anyany industrial industrial wastes wastes (waste (waste thatthat isis received received fromfrom anyany of the of the facilities facilities described described underunder this this subsection) subsection) including including those those thatthat are subject are subject to to regulation regulation under under subtitle subtitle D D of of RCRA; RCRA; (vi) Facilities (vi) Facilities involved involved in in the the recycling recycling of of materials, materials, including including metal scrapyards, metal scrapyards, battery battery reclaimers, reclaimers, salvage salvage yards, yards, andand automobile automobile junkyards, including junkyards, including but but limited limited to to those those classified classified as as Standard Standard Industrial Classification Industrial Classification 5015 5015 and and 5093; 5093; (vii) Steam (vii) Steam electric electric power power generating generating facilities, facilities, including including coal coal handling sites; handling sites; (viii) Transportation (viii) Transportation facilities facilities classified classified as as Standard Standard Industrial Industrial Classifications 40, Classifications 40, 41, 41, 42 42 (except (except 4221-25),
4221-25), 43, 43, 44, 44, 45, 45, and and 5171 5171 which which have vehicle have vehicle maintenance maintenance shops, shops, equipment equipment cleaning cleaning operations, operations, or or airport deicing airport deicing operations operations .. OnlyOnly those those portions portions of of the the facility facility thatthat are are either involved either involved in in vehicle vehicle maintenance maintenance (including (including vehicle vehicle rehabilitation, mechanical rehabilitation, mechanical repairs, repairs, painting, painting, fueling, fueling, and and lubrication),
lubrication),
equipment cleaning equipment cleaning operations, operations, airport airport deicing deicing operations, operations, or or which which areare otherwise identified otherwise identified under under paragraphs paragraphs (b) (b) (14)
(14) (i)-(vii)
(i)-(vii) or or (ix)-(xi)
(ix)-(xi) of of this section this section areare associated associated with with industrial industrial activity; activity; (ix) Treatment (ix) Treatment works works treating treating domestic domestic sewage sewage or or any any other other sewage sewage sludge or sludge or wastewater wastewater treatment treatment device device oror system, system, usedused in in the the storage storage treatment, recycling, treatment, recycling, and and reclamation reclamation of of municipal municipal or or domestic domestic sewage, sewage, including land including land dedicated dedicated to to the the disposal disposal of of sewage sewage sludge sludge that that are are located within located within the the confines confines of of the the facility, facility, with with aa design design flow flow of of 1.0 1.0 mgd or mgd or more, more, oror required required to to have have an an approved approved pretreatment pretreatment program program underunder 40 CFR 40 CFR part part 403.
403. Not Not included included areare farm farm lands, lands, domestic domestic gardens gardens or or lands lands used for used for sludge sludge management management where where sludge sludge is is beneficially beneficially reusedreused andand which which are not are not physically physically located located in in the the confines confines of of the the facility, facility, or or areas areas that are that are in in compliance compliance with with section section 405 405 ofof the the CWA; CWA;
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(x) Construction (x) Construction activity activity including including clearing, clearing, grading grading andand excavation excavation activities except: operations activities except: operations thatthat result result in in the the disturbance disturbance of of less less than five than five acres acres ofof total total land land area area which which areare notnot part part of of aa larger larger common common
plan of plan development or of development or sale; sale; (xi) Facilities (xi) Facilities under under Standard Standard Industrial Industrial Classifications Classifications 20, 20, 21, 21, 22, 23, 22, 23, 2434, 2434, 25, 25, 265, 265, 267, 267, 27, 27, 283, 283, 285, 285, 30,30, 31 31 (except (except 311),
311), 323, 323, 34 34 (except 3441),
(except 3441), 35, 35, 36, 36, 3737 (except (except 373),
373), 38, 38, 39, 4221-25, (and 39, 4221-25, (and which which areare not otherwise not otherwise included included within within categories categories (ii)-(x));
(ii)-(x));
(15) uncontrolled (15) uncontrolled sanitary sanitary landfill landfill means means aa landill landill or or open open dump, dump, whether in whether in operation operation or or closed, closed, thatthat does does notnot meet meet the the requirements requirements for for runon or runon or runoff runoff controls controls established established pursuant pursuant to to subtitle subtitle 0 0 of of the the Solid Solid Waste Disposal Waste Disposal Act.
Act.
(c) Application (c) Application requirements requirements for for storm storm water water discharges discharges associated associated with industrial with industrial activity--(l) activity--(l) Individual Individual application.
application. Dischargers Dischargers of of storm water storm water associated associated with with industrial industrial activity activity are are required required to to apply apply for an for an individual individual permit, permit, apply apply forfor aa permit permit through through aa group group application, or application, or seek seek coverage coverage under under aa promulgated promulgated stormstorm water water general general permit. Facilities permit. Facilities thatthat are are required required to to obtain obtain an an individual individual permit, permit, or or any discharge any discharge of of storm storm water water which which thethe Director Director is is evaluating evaluating for for designation (see designation (see 40 40 CFR CFR 124.52(c))
124.52(c)) underunder paragraph paragraph (a) (a) (1)
(1) (v)
(v) ofof this this section and section and is is not not aa municipal municipal separate separate storm storm sewer, sewer, andand which which is is not not part of part of aa group group application application described described under under paragraph paragraph (c) (c) (2)
(2) ofof this this section, shall section, shall submit submit an an NPDES NPDES application application in in accordance accordance with with thethe requirements of requirements of Sec.
Sec. 122.21 122.21 as as modified modified andand supplemented supplemented by by the the provisions of provisions of the the remainder remainder of of this this paragraph.
paragraph. Applicants Applicants for for discharges discharges composed entirely composed entirely of of storm storm water water shall shall submit submit Form Form 1 1 and and Form Form 2F.2F.
Applicants for Applicants for discharges discharges composed composed of of storm storm water water andand non-storm non-storm waterwater shall submit shall submit Form Form 1,1, Form Form 2C, 2C, and and Form Form 2F.
2F. Applicants Applicants for for new new sources sources or or new discharges new discharges (as (as defined defined in in Sec.
Sec. 122.2 122.2 ofof this this part) part) composed composed of of storm storm water and water and non-storm non-storm water water shall shall submit submit Form Form 1,1, Form Form 20, 20, and and Form Form 2F.2F.
(i) Except (i) Except asas provided provided in in Sec.
Sec. 122.26(c) 122.26(c) (1)
(1) (ii)-(iv),
(ii)-(iv), the the operator operator of aa storm of storm water water discharge discharge associated associated withwith industrial industrial activity activity subject subject to this to this section section shall shall provide:
provide:
(A) A (A) A site site map map showing showing topography topography (or (or indicating indicating the the outline outline of of drainage areas drainage areas served served by by the the outfall(s) outfall(s) covered covered in in the the application application if if aa topographic map topographic map isis unavailable) unavailable) of of the the facility facility including:
including: each each ofof its its drainage and drainage and discharge discharge structures; structures; the the drainage drainage areaarea ofof each each storm storm water water outfall; paved outfall; paved areas areas andand buildings buildings within within thethe drainage drainage areaarea of of each each storm water storm water outfall, outfall, eacheach past past or or present present area area used used for for outdoor outdoor storage storage or disposal or disposal of of significant significant materials, materials, eacheach existing existing structural structural control control measure to measure to reduce reduce pollutants pollutants in in storm storm water water runoff, runoff, materials materials loading loading and access and access areas, areas, areas areas where where pesticides, pesticides, herbicides, herbicides, soil soil conditioners conditioners and fertilizers and fertilizers are are applied, applied, each each ofof its its hazardous hazardous waste waste treatment, treatment, storage or storage or disposal disposal facilities facilities (including (including eacheach area area not not required required to to have have aa RCRA RCRA permit permit which which isis used used for for accumulating accumulating hazardous hazardous wastewaste under under 40 40 CFR 262.34);
CFR 262.34); eacheach well well where where fluids fluids from from the the facility facility are are injected injected underground; springs, underground; springs, andand other other surface surface water water bodies bodies which which receive receive storm storm water discharges water discharges fromfrom the the facility; facility; (8) An (8) estimate of An estimate of the the area area ofof impervious impervious surfaces surfaces (including (including pavedpaved areas and areas and building building roofs) roofs) andand the the total total area area drained drained by by each each outfall outfall (within aa mile (within mile radius radius of of the the facility) facility) andand aa narrative narrative description description of of the following:
the following: Significant Significant materials materials that that in in the the three three years years prior prior to to the submittal the submittal of of this this application application have have been been treated, treated, stored stored or or disposed disposed in aa manner in manner toto allow allow exposure exposure to to storm storm water; water; method method of of treatment, treatment, storage or storage or disposal disposal of of such such materials; materials; materials materials management management practices practices employed, in employed, in the the three three years years prior prior toto the the submittal submittal of of this this application, application, to minimize to minimize contact contact by by these these materials materials with with storm storm water water runoff; runoff; materials loading materials loading andand access access areas; areas; the the location, location, manner manner andand frequency frequency in which in which pesticides, pesticides, herbicides, herbicides, soil soil conditioners conditioners and and fertilizers fertilizers are are applied; the applied; the location location andand aa description description of of existing existing structural structural and and non-non structural control structural control measures measures to to reduce reduce pollutants pollutants in in storm storm water water runoff; runoff; and aa description and description of of the the treatment treatment the the storm storm water water receives, receives, including including the ultimate the ultimate disposal disposal of of any any solid solid oror fluid fluid wastes wastes other other than than by by discharge; discharge; (C) A (C) A certification certification that that allall out out falls falls that that should should contain contain storm storm water discharges water discharges associated associated with with industrial industrial activity activity havehave been been tested tested or or evaluated for evaluated for
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the presence the presence of of non-storm non-storm water water discharges discharges which which are are notnot covered covered by by aa NPDES permit; tests NPDES permit; tests forfor such such non-storm non-storm water water discharges discharges may may include include smoke tests, smoke tests, fluorometric fluorometric dye dye tests, tests, analysis analysis of of accurate accurate schematics, schematics, as as well as well as other other appropriate appropriate tests.
tests. TheThe certification certification shall shall include include aa description of description of the the method method used, used, thethe date date ofof any any testing, testing, and and the the on-site on-site drainage points drainage points that that were were directly directly observed observed during during aa test; test; (D) Existing (D) Existing information information regarding regarding significant significant leaksleaks or or spills spills of of toxic or toxic or hazardous hazardous pollutants pollutants at at the the facility facility thatthat have have taken taken place place within the within the three three years years prior prior to to the the submittal submittal of of this this application; application; (E) Quantitative (E) Quantitative data data based based on on samples samples collected collected during during storm storm events events and collected and collected in in accordance accordance with with Sec.
Sec. 122.21 122.21 ofof this this part part from from all all outfalls containing outfalls containing aa storm storm water water discharge discharge associated associated with with industrial industrial activity for activity for the the following following parameters:
parameters:
(1) Any (1) Any pollutant pollutant limited limited in in an an effluent effluent guideline guideline to to which which the the facility is facility is subject; subject;
(2) Any (2) Any pollutant pollutant listed listed in in the the facility's facility's NPDES NPDES permit permit for for its its process wastewater (if process wastewater (if thethe facility facility is is operating operating under under an an existing existing NPDES NPDES permit) ;;
permit)
(3) Oil (3) Oil andand grease, grease, pH, pH, BOD5, BOD5, COD,COD, TSS, TSS, total total phosphorus, phosphorus, total total Kjeldahl nitrogen, Kjeldahl nitrogen, and and nitrate nitrate plus plus nitrite nitrite nitrogen; nitrogen; (4) Any (4) Any information information on on the the discharge discharge required required under under paragraph paragraph Sec . 122.21(g)
Sec. 122.21(g) (7) (7) (iii)
(iii) and and (iv)
(iv) ofof this this part; part; (5) Flow (5) Flow measurements measurements or or estimates estimates of of thethe flow flow rate, rate, and and thethe total total amount of amount of discharge discharge for for thethe storm storm event(s) event(s) sampled, sampled, and and thethe method method of of flow measurement flow measurement or or estimation; estimation; and and (6) The (6) The date date and and duration duration (in (in hours) hours) of of the the storm storm event(s) event(s) sampled,sampled, rainfall measurements rainfall measurements or or estimates estimates of of the the storm storm event event (in (in inches) inches) which which generated the generated the sampled sampled runoffrunoff and and the the duration duration between between the the storm storm eventevent sampled and sampled and thethe endend of of the the previous previous measurable measurable (greater(greater than than 0.1 0.1 inchinch rainfall) storm rainfall) storm eventevent (in (in hours);
hours);
(F) Operators (F) Operators of of aa discharge discharge which which is is composed composed entirely entirely of of storm storm water are water are exempt exempt from from the the requirements requirements of of Sec.
Sec. 122.21 122.21 (g) (g) (2),
(2), (g) (g) (3),
(3),
(g) (4),
(g) (4), (g)(g) (5),
(5), (g)(g) (7)
(7) (i),
(i), (g) (g) (7) (ii), and (7) (ii), and (g)(g) (7)
(7) (v); and (v); and (G) Operators (G) Operators of of newnew sources sources or or new new discharges discharges (as (as defined defined in in Sec. 122.2 Sec. 122.2 of of this this part) part) whichwhich are are composed composed in in part part oror entirely entirely of of storm storm water must water must include include estimates estimates for for the the pollutants pollutants or or parameters parameters listed listed in in paragraph (c) paragraph (c) (1)
(1) (i)
(i) (E)
(E) of of this this section section instead instead of of actual actual sampling sampling data, data, along with along with thethe source source of of each each estimate estimate.. Operators Operators of of new new sources sources or or new new discharges composed discharges composed in in part part or or entirely entirely of of storm storm water water mustmust provide provide quantitative data quantitative data for for thethe parameters parameters listed listed in in paragraph paragraph (c) (c) (1)
(1) (i) (E) (E) ofof this section this section within within two two years years afterafter commencement commencement of of discharge, discharge, unless unless such data such data has has already already been been reported reported under under the the monitoring monitoring requirements requirements of of the NPDES the NPDES permit permit for for thethe discharge.
discharge. Operators Operators of of aa new new source source or or newnew discharge which discharge which is is composed composed entirely entirely of of storm storm water water areare exempt exempt from from the the requirements of requirements of Sec.
Sec. 122.21 122.21 (k) (k) (3)
(3) (ii),
(ii), (k) (k) (3) (iii), and (3) (iii), and (k) (k) (5)
(5) ..
(ii) The (ii) The operator operator of of anan existing existing or or new new storm storm water water discharge discharge that that is associated is associated with with industrial industrial activity activity solely solely underunder paragraph paragraph (b) (b) (14)
(14) (x)
(x) of this of this section, section, is is exempt exempt from from thethe requirements requirements of of Sec. 122.21(g) and Sec . 122.21(g) and paragraph (c) paragraph (c) (1)
(1) (i)
(i) ofof this this section.
section. Such Such operator operator shallshall provide provide aa narrative description narrative description of: of:
(A) The (A) The location location (including (including aa map) map) andand thethe nature nature of of thethe construction activity; construction activity; (B) The (B) The total total area area of of the the sitesite andand the the area area of of the the sitesite that that is is expected to expected to undergo undergo excavation excavation during during the the life life of of the the permit; permit; (C) Proposed (C) Proposed measures, measures, including including best best management management practices, practices, to to control pollutants control pollutants in in storm storm water water discharges discharges during during construction, construction, including aa brief including brief description description of of applicable applicable State State andand local local erosion erosion and and sediment control sediment control requirements; requirements; (D) Proposed (D) Proposed measures measures to to control control pollutants pollutants in in storm storm waterwater discharges that discharges that will will occur occur after after construction construction operations operations have have beenbeen completed, including completed, including aa brief brief description description of of applicable applicable State State or or local local erosion and erosion and sediment sediment controlcontrol requirements; requirements; (E) An (E) An estimate estimate of of the the runoff runoff coefficient coefficient of of the the site site and and thethe increase in increase in impervious impervious area area after after the the construction construction addressed addressed in in the the permit application permit application is is completed, completed, the the nature nature of of fill fill material material and and existing data existing data describing describing the the soil soil or or the the quality quality of of the the discharge; discharge; and and
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(F) The (F) The name name of of the the receiving receiving water. water.
(iii)
(iii) TheThe operator operator of of anan existing existing or or newnew discharge discharge composed composed entirely entirely of storm of storm water water from from an an oiloil oror gasgas exploration, exploration, production, production, processing, processing, or treatment or treatment operation, operation, or or transmission transmission facility facility is is not not required required to to submit aa permit submit permit application application in in accordance accordance with with paragraph paragraph (c) (c) (1)
(1) (i)
(i) of of this section, this section, unlessunless the the facility:
facility:
(A) Has (A) Has hadhad aa discharge discharge of of storm storm water water resulting resulting in in thethe discharge discharge of of aa reportable reportable quantity quantity for for which which notification notification is is or or was was required required pursuant pursuant to 40 to 40 CFR CFR 117.21 117.21 or or 40 40 CFR CFR 302.6 302.6 at at anytime anytime sincesince November November 16, 16, 1987; 1987; or or (B) Has (B) Has hadhad aa discharge discharge of of storm storm water water resulting resulting in in thethe discharge discharge of of aa reportable reportable quantity quantity for for which which notification notification is is or or was was required required pursuantpursuant to 40 to 40 CFR CFR 110.6 110.6 at at any any timetime since since November November 16, 16, 1987; 1987; or or (C) Contributes (C) Contributes to to aa violation violation of of aa water water quality quality standard.
standard.
(iv) The (iv) The operator operator of of anan existing existing or or new new discharge discharge composed composed entirelyentirely of storm of storm water water from from aa mining mining operation operation is is not not required required to to submit submit aa permit application permit application unless unless the the discharge discharge has has comecome into into contact contact with, with, any any overburden, raw overburden, raw material, material, intermediate intermediate products,products, finished finished product, product, byproduct or byproduct or waste waste products products locatedlocated on on the the site site of of such such operations.
operations .
Applicants shall (v) Applicants (v) shall provide provide such such other other information information the the Director Director may may reasonably require reasonably require underunder Sec. Sec. 122.21(g) 122.21(g) (13) (13) of of this this part part to to determine determine whether to whether to issue issue aa permit permit and and may may require require any any facility facility subject subject to to paragraph (c) paragraph (c) (1)
(1) (ii)
(ii) of of this this section section to to comply comply with with paragraph paragraph (c) (c) (1)
(1) (i)
(i) of this of this section.
section.
(2) Group (2) Group application application for for discharges discharges associated associated with with industrial industrial activity. In activity. In lieu lieu of of individual individual applications applications or or notice notice of of intent intent to to bebe covered by covered by aa general general permit permit for for storm storm water water discharges discharges associated associated with with industrial activity, industrial activity, aa group group application application may may be be filed filed by by an an entity entity representing aa group representing group of of applicants applicants (except (except facilities facilities that that have have existing existing
individual NPDES individual NPDES permits permits for for storm storm water) water) thatthat are are part part of of the the same same subcategory subcategory (see (see 4040 CFRCFR subchapter subchapter N, N, part part 405 405 to to 471) 471) or, or, where where suchsuch grouping is grouping is inapplicable, inapplicable, are are sufficiently sufficiently similar similar as as toto be be appropriate appropriate for general for general permit permit coverage coverage underunder Sec.Sec. 122.28 122.28 of of this this part.
part. The The part part 1 1 application shall application shall be be submitted submitted to to the the Office Office of of Water Water Enforcement Enforcement and and Permits, U.S.
Permits, U.S. EPA, EPA, 401 401 M M Street, Street, SW., SW., Washington, Washington, DC DC 20460 20460 (EN-336)
(EN-336) for for approval. Once approval. Once aa part part 11 application application is is approved, approved, groupgroup applicants applicants are are to to submit Part submit Part 22 ofof the the group group application application to to the the Office Office of of Water Water Enforcement and Enforcement and Permits.
Permits. A A group group application application shall shall consist consist of: of:
(i) Part (i) Part 1. 1. Part Part 11 of of aa group group application application shall: shall:
(A) Identify (A) Identify the the participants participants in in the the group group application application by by name name and and location. Facilities location. Facilities participating participating in in the the group group application application shall shall be be listed in listed in nine nine subdivisions, subdivisions, based based on on the the facility facility location location relative relative to to the nine the nine precipitation precipitation zones zones indicated indicated in in appendix appendix E E toto this this partpart ..
(B) Include (B) Include aa narrative narrative description description summarizing summarizing the the industrial industrial activities of activities of participants participants of of the the group group application application and and explaining explaining why why the participants, the participants, as as aa whole, whole, are are sufficiently sufficiently similar similar to to bebe aa covered covered by aa general by general permit; permit; (C) Include (C) Include aa list list of of significant significant materials materials storedstored exposed exposed to to precipitation by precipitation by participants participants in in the the group group application application and and materials materials management practices management practices employed employed to to diminish diminish contact contact by by these these materials materials with precipitation with precipitation and and storm storm water water runoff; runoff; (D) For (D) For groups groups of of more more than than 1,000 1,000 members, members, identify identify at at least least 100 100 dischargers participating dischargers participating in in the the group group application application from from which which quantitative data quantitative data will will be be submitted.
submitted . For For groups groups of of 100 100 or or more more members, members, identify aa minimum identify minimum of of ten ten percent percent of of the the dischargers dischargers participating participating in in the group the group application application from from which which quantitative quantitative data data will will be be submitted.
submitted.
For groups For groups of of between between 21 21 and and 9999 members members identify identify aa minimum minimum of of ten ten dischargers participating dischargers participating in in the the group group application application from from which which quantitative data quantitative data will will be be submitted.
submitted. For For groups groups of of 44 toto 2020 members, members, identify aa minimum identify minimum of of 50 50 percent percent of of the the dischargers dischargers participating participating in in the the group application group application from from which which quantitative quantitative data data will will be be submitted.
submitted. For For groups with groups with more more than than 10 10 members, members, either either aa minimum minimum of of twotwo dischargers dischargers from each from each precipitation precipitation zone zone indicated indicated in in appendix appendix E E ofof this this partpart in in which ten which ten or or more more members members of of the the group group are are located, located, or or oneone discharger discharger from each from each precipitation precipitation zone zone indicated indicated in in appendix appendix E E ofof this this partpart in in which nine which nine
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or fewer members or fewer members of of thethe group group are are located, located, must must bebe identified identified to to submit submit quantitative data.
quantitative data. For For groups groups of of 44 to to 1010 members, members, at at least least one one facility facility in each in each precipitation precipitation zone zone indicated indicated in in appendix appendix E E of of this this part part in in which which members of members of the the group group are are located located must must be be identifed identifed to to submit submit quantitative data.
quantitative data. A A description description of of why why thethe facilities facilities selected selected to to perform sampling perform sampling and and analysis analysis are are representative representative of of the the group group as as aa whole whole in terms in terms of of the the information information providedprovided in in paragraphs paragraphs (c) (c) (1)
(1) (i)
(i) (B)
(B) and and (c) (1)
(c) (1) (i)
(i) (C)
(C) of of this this section, section, shallshall accompany accompany this this section.
section. Different Different factors impacting factors impacting the the nature nature of of thethe storm storm water water discharges, discharges, such such asas thethe processes used processes used and and material material management, management, shall shall be be represented, represented, to to the the extent feasible, extent feasible, in in aa manner manner roughly roughly equivalent equivalent to to their their proportion proportion in in the group.
the group.
(ii) Part (ii) Part 2. 2. Part Part 22 of of aa group group application application shall shall contain contain quantitative data quantitative data (NPDES (NPDES Form Form 2F),
2F), as as modified modified by by paragraph paragraph (c) (c) (1)
(1) ofof this section, this section, so so that that when when part part 11 and and part part 22 of of the the group group application application are taken are taken together, together, aa complete complete NPDES NPDES application application (Form (Form 1, 1, Form Form 2C,2C, andand Form 2F)
Form 2F) can can bebe evaluated evaluated for for each each discharger discharger identified identified in in paragraph paragraph (c) (2)
(c) (2) (i)
(i) (D)
(D) of of this this section.
section.
(d) Application (d) Application requirements requirements for for large large and and medium medium municipal municipal separate separate storm sewer storm sewer discharges.
discharges. The The operator operator of of aa discharge discharge from from aa large large or or medium municipal medium municipal separate separate storm storm sewer sewer or or aa municipal municipal separate separate storm storm sewer that sewer that is is designated designated by by the the Director Director under under paragraph paragraph (a) (a) (1)
(1) (v)
(v) ofof this section, this section, may may submit submit aa jurisdiction-wide jurisdiction-wide or or system-wide system-wide permit permit application. Where application. Where moremore than than one one public public entity entity ownsowns oror operates operates aa municipal separate municipal separate stormstorm sewer sewer within within aa geographic geographic area area (including (including adjacent or adjacent or interconnected interconnected municipal municipal separate separate stormstorm sewer sewer systems),
systems), such such operators may operators may bebe aa coapplicant coapplicant to to thethe same same application.
application. Permit Permit applications for applications for discharges discharges from from large large andand medium medium municipal municipal storm storm sewers sewers or municipal or municipal storm storm sewers sewers designated designated under under paragraph paragraph (a) (a) (1)
(1) (v) of this (v) of this section shall section shall include; include; (1) Part (1) Part 1.1. Part Part 11 of of the the application application shall shall consist consist of; of; (i) General (i) General information.
information. The The applicants' applicants' name, name, address, address, telephone telephone number of number of contact contact person, person, ownership ownership status status and and status status as as aa State State or or local government local government entity.
entity.
(ii) Legal (ii) Legal authority.
authority. A A description description of of existing existing legallegal authority authority to to control discharges control discharges to to the the municipal municipal separate separate stormstorm sewer sewer system.
system. When When existing legal existing legal authority authority is is not not sufficient sufficient to to meet meet thethe criteria criteria provided provided in paragraph in paragraph (d) (d) (2) (i) of (2) (i) of this this section, section, the the description description shall shall listlist additional authorities additional authorities as as will will be be necessary necessary to to meet meet thethe criteria criteria and and shall include shall include aa schedule schedule and and commitment commitment to to seek seek such such additional additional authority that authority that will will be be needed needed to to meet meet thethe criteria.
criteria.
(iii) Source (iii) Source identification.
identification. (A) (A) A A description description of of thethe historic historic use use
of ordinances, guidance of ordinances, guidance or or other other controls controls whichwhich limited limited the the discharge discharge of of non-storm water non-storm water discharges discharges to to any any Publicly Publicly Owned Owned Treatment Treatment WorksWorks serving serving the same the same areaarea asas thethe municipal municipal separate separate stormstorm sewer sewer system.
system.
(8) A (8) A USGS USGS 7.5 7.5 minute minute topographic topographic map map (or(or equivalent equivalent topographic topographic map map with aa scale with scale between between 1:10,000 1:10,000 and and 1:24,000 1:24,000 if if cost cost effective) effective) extending extending one mile one mile beyond beyond the the service service boundaries boundaries of of the the municipal municipal storm storm sewersewer system covered system covered by by thethe permit permit application.
application. The The following following information information shall be shall be provided:
provided:
(1) The (1) The location location of of known known municipal municipal stormstorm sewer sewer system system out out falls falls discharging to discharging to waters waters of of the the United United States; States; (2) A (2) A description description of of the the land land use use activities activities (e.g. (e.g. divisions divisions indicating undeveloped, indicating undeveloped, residential, residential, commercial, commercial, agricultural agricultural and and industrial uses) industrial uses) accompanied accompanied with with estimates estimates of of population population densities densities and and projected growth projected growth for for aa tenten year year period period within within the the drainage drainage area area served served by the by the separate separate stormstorm sewer.
sewer. For For each each land land use use type, type, anan estimate estimate of of an an average runoff average runoff coefficient coefficient shall shall bebe provided; provided; (3) The (3) The location location and and aa description description of of the the activities activities of of the the facility facility of each of each currently currently operating operating or or closed closed municipal municipal landfill landfill or or other other treatment, storage treatment, storage or or disposal disposal facility facility for for municipal municipal waste; waste; (4) The (4) The location location and and the the permit permit number number of of any any known known discharge discharge to to the the municipal storm municipal storm sewer sewer thatthat has has been been issued issued aa NPDESNPDES permit; permit; (5) The (5) The location location of of major major structural structural controls controls for for storm storm water water discharge (retention discharge (retention basins,basins, detention detention basins, basins, major major infiltration infiltration devices, etc.);
devices, etc.); and and
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(6) The (6) The identification identification of of publicly publicly owned owned parks, parks, recreational recreational areas, areas, and other and other open open lands.
lands.
Discharge characterization.
(iv) Discharge (iv) characterization. (A) (A) Monthly Monthly mean mean rain rain and and snow snow fall fall estimates (or estimates (or summary summary of of weather weather bureau bureau data) data) and and the the monthly monthly average average number of number of storm storm events.
events.
(8) Existing (8) Existing quantitative quantitative data data describing describing the the volume volume and and quality quality of of discharges from discharges from thethe municipal municipal storm storm sewer, sewer, including including aa description description of of the outfalls the outfalls sampled, sampled, sampling sampling procedures procedures and and analytical analytical methods methods used. used.
(C) A (C) A list list ofof water water bodies bodies that that receive receive discharges discharges from from the the municipal separate municipal separate storm storm sewer sewer system, system, including including downstream downstream segments, segments, lakes and lakes and estuaries, estuaries, where where pollutants pollutants from from thethe system system discharges discharges may may accumulate and accumulate and cause cause waterwater degradation degradation and and aa brief brief description description of of known known water quality water quality impacts.
impacts. At At aa minimum, minimum, the the description description of of impacts impacts shall shall include aa description include description of of whether whether the the water water bodies bodies receiving receiving such such discharges have discharges have been:
been:
(1) Assessed (1) Assessed and and reported reported in in section section 305(b) 305(b) reports reports submitted submitted by by the the State, the State, the basis basis for for thethe assessment assessment (evaluated (evaluated or or monitored),
monitored), aa summary summary of designated of designated use use support support and and attainment attainment of of Clean Clean Water Water ActAct (CWA)
(CWA) goals goals (fishable and (fishable and swimmable swimmable waters),
waters), and and causes causes of of nonsupport nonsupport of of designated designated uses; uses; (2) Listed (2) Listed under under section section 304 304 (1)
(1) (1)
(1) (A)
(A) (i),
(i), section section 304 304 (1)
(1) (1)
(1) (A)
(A) (H),
(H),
or section or section 304(1) 304(1) (1) (1) (8)
(8) ofof the the CWA CWA that that is is not not expected expected to to meet meet water water quality standards quality standards or or water water quality quality goals; goals; (3) Listed (3) Listed in in State State Nonpoint Nonpoint Source Source Assessments Assessments required required by by section section 319(a) of 319(a) of the the CWA CWA that, that, without without additional additional actionaction to to control control nonpoint nonpoint sources of sources of pollution, pollution, cannot cannot reasonably reasonably be be expected expected to to attain attain or or maintain water maintain water quality quality standards standards due due toto storm storm sewers, sewers, construction, construction, highway maintenance highway maintenance and and runoff runoff from from municipal municipal landfills landfills and and municipal municipal sludge adding sludge adding significant significant pollution pollution (or (or contributing contributing to to aa violation violation of of water quality water quality standards);
standards);
(4) Identified (4) Identified and and classified classified according according to to eutrophic eutrophic condition condition of of publicly owned publicly owned lakes lakes listed listed in in State State reports reports required required underunder section section 3l4(a) of 3l4(a) of the the CWA CWA (include (include the the following:
following: A A description description of of those those publicly owned publicly owned lakes lakes for for which which uses uses are are known known to to bebe impaired; impaired; aa description of description of procedures, procedures, processesprocesses and and methods methods to to control control the the discharge of discharge of pollutants pollutants from from municipal municipal separate separate storm storm sewers sewers into into such such lakes; and lakes; and aa description description of of methods methods andand procedures procedures to to restore restore the the quality of quality of such such lakes);
lakes);
(5) Areas (5) Areas of of concern concern of of thethe Great Great Lakes Lakes identified identified by by the the International Joint International Joint Commission; Commission; (6) Designated (6) Designated estuaries estuaries under under the the National National Estuary Estuary Program Program under under section 320 section 320 ofof the the CWA; CWA; (7) Recognized (7) Recognized by by the the applicant applicant as as highly highly valued valued oror sensitive sensitive waters; waters; Defined by (8) Defined (8) by thethe State State or or U.S.
U.S. Fish Fish andand Wildlife Wildlife Services's Services's National Wetlands National Wetlands Inventory Inventory as as wetlands; wetlands; and and (9) Found (9) Found to to have have pollutants pollutants in in bottom bottom sediments, sediments, fish fish tissue tissue or or biosurvey data.
biosurvey data.
(D) Field (D) Field screening.
screening. Results Results of of aa field field screening screening analysis analysis for for illicit connections illicit connections and and illegal illegal dumping dumping for for either either selected selected field field screening points screening points or or major major outfalls outfalls covered covered in in the the permit permit application.
application. At At aa minimum, screening analysis minimum, aa screening analysis shall shall include include aa narrative narrative description, description, for either for either each each field field screening screening pointpoint or or major major outfall, outfall, of of visual visual observations made observations made during during dry dry weather weather periods.
periods. If If any any flow flow is is observed, observed, two grab two grab samples samples shallshall be be collected collected during during aa 24 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> hour period period with with aa
minimum period of minimum period of four four hours hours between between samples.
samples. For For allall such such samples, samples, aa narrative description narrative description of of the the color, color, odor, odor, turbidity, turbidity, the the presence presence of of anan oil sheen oil sheen oror surface surface scum scum asas well well asas any any other other relevant relevant observations observations regarding the regarding the potential potential presence presence ofof non-storm non-storm waterwater discharges discharges or or illegal dumping illegal dumping shall shall bebe provided.
provided. In In addition, addition, aa narrative narrative description description of of the the results results of of aa field field analysis analysis using using suitable suitable methods methods to to estimate estimate pH, total pH, total chlorine, chlorine, totaltotal copper, copper, total total phenol, phenol, and and detergents detergents (or (or surfactants) shall surfactants) shall bebe provided provided along along with with aa description description of of the the flow flow rate. Where rate. Where thethe field field analysis analysis does does not not involve involve analytical analytical methods methods approved under approved under 40 40 CFR CFR part part 136, 136, the the applicant applicant shallshall provide provide aa description of description of the the method method used used including including the the name name of of the the manufacturer manufacturer of of the test the test method method along along with with the the range range and and accuracy accuracy of of the the test.
test. Field Field screening points screening points shall shall bebe either either major major outfalls outfalls or or other other outfall outfall points points (or any (or any other other point point ofof access access such such as as manholes) manholes) randomly randomly located located throughout the throughout the storm storm sewer sewer system system byby placing placing aa grid over aa drainage grid over drainage system system
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map map andand identifying identifying thosethose cells cells of of the the grid grid which which contain contain aa segment segment of of the storm the storm sewer sewer system system oror major major outfall.
outfall. The The field field screening screening pointspoints shall be shall be established established usingusing the the following following guidelines guidelines and and criteria:
criteria:
(1) A (1) A grid grid system system consisting consisting ofof perpendicular perpendicular north-south north-south and and east-east west lines west lines spaced spaced \1/4\
\1/4\ mile mile apart apart shall shall be be overlayed overlayed on on aa map map ofof the the municipal storm municipal storm sewer sewer system, system, creating creating aa series series of of cells; cells; (2) All (2) All cells cells that that contain contain aa segment segment of of the the storm storm sewer sewer system system shall shall be identified; be identified; one one field field screening screening point point shall shall be be selected selected in in each each cell; cell; major outfalls major outfalls may may bebe used used as as field field screening screening points; points; (3) Field (3) Field screening screening points points should should be be located located downstream downstream of of any any sources of sources of suspected suspected illegal illegal oror illicit illicit activity; activity; (4) Field (4) Field screening screening points points shall shall bebe located located to to the the degree degree practicable at practicable at the the farthest farthest manhole manhole or or other other accessible accessible location location downstream in downstream in the the system, system, within within each each cell; cell; however, however, safety safety of of personnel personnel and accessibility and accessibility of of the the location location should should be be considered considered in in making making thisthis determination; determination; (5) Hydrological (5) Hydrological conditions; conditions; total total drainage drainage area area ofof the the site; site; population density population density of of the the site; site; traffic traffic density; density; age age ofof the the structures structures or buildings or buildings in in the the area; area; history history ofof the the area; area; and and land land use use types; types; (6) For (6) For medium medium municipal municipal separate separate storm storm sewer sewer systems, systems, no no more more than than 250 cells 250 cells need need to to have have identified identified field field screening screening points; points; in in large large municipal separate municipal separate stormstorm sewer sewer systems, systems, no no more more than than 500 500 cells cells needneed to to have identified have identified fieldfield screening screening points; points; cells cells established established by by the the grid grid that contain that contain no no storm storm sewer sewer segments segments will will be be eliminated eliminated from from consideration; if consideration; if fewer fewer than than 250 250 cells cells in in medium medium municipal municipal sewers sewers are are created, and created, and fewer fewer than than 500 500 in in large large systems systems are are created created by by the the overlay overlay on the on the municipal municipal sewer sewer map, map, then then all all those those cells cells which which contain contain aa segment segment of the of the sewer sewer system system shall shall bebe subject subject to to field field screening screening (unless (unless access access to the to the separate separate storm storm sewer sewer system system isis impossible);
impossible); and and (7) Large (7) Large or or medium medium municipal municipal separate separate stormstorm sewer sewer systems systems whichwhich areare unable to unable to utilize utilize the the procedures procedures described described in in paragraphs paragraphs (d) (d) (1)
(1) (iv)
(iv) (D)
(D)
(1) through (1) through (6) (6) of of this this section, section, because because aa sufficiently sufficiently detailed detailed map map ofof the separate the separate stormstorm sewer sewer systems systems isis unavailable, unavailable, shall shall field field screen screen no no more than more than 500 500 oror 250 250 major major outfalls outfalls respectively respectively (or (or all all major major outfalls outfalls in the in the system, system, if if less);
less); in in such such circumstances, circumstances, the the applicant applicant shall shall establish aa grid establish grid system system consisting consisting of of north-south north-south and and east-west east-west lines lines spaced \1/4\
spaced \1/4\ mile mile apart apart asas an an overlay overlay to to the the boundaries boundaries of of the the municipal municipal storm sewer storm sewer system, system, thereby thereby creating creating aa series series of of cells; cells; thethe applicant applicant will then will then select select major major outfalls outfalls inin as as many many cells cells as as possible possible until until at at least 500 least 500 major major outfalls outfalls (large (large municipalities) municipalities) or or 250 250 major major outfalls outfalls (medium municipalities)
(medium municipalities) are are selected; selected; aa field field screening screening analysis analysis shall shall be undertaken be undertaken at at these these major major outfalls.
outfalls.
(E) Characterization (E) Characterization plan. plan. Information Information and and aa proposed proposed program program to to meet the meet the requirements requirements of of paragraph paragraph (d) (d) (2) (iii) of (2) (iii) of this this section.
section. Such Such description shall description shall include:
include: the the location location of of out out falls falls or or field field screening screening points appropriate points appropriate for for representative representative data data collection collection underunder paragraph paragraph (d) (2)
(d) (2) (iii)
(iii) (A)
(A) ofof this this section, section, aa description description of of why why the the outfall outfall or or field screening field screening pointpoint isis representative, representative, the the seasons seasons during during which which sampling is sampling is intended, intended, aa description description of of the the sampling sampling equipment.
equipment. The The proposed location proposed location of of outfalls outfalls or or field field screening screening points points forfor such such sampling should sampling should reflect reflect water water quality quality concerns concerns (see (see paragraph paragraph (d) (1)
(d) (iv) (C)
(1) (iv) (C) ofof this this section) section) toto the the extent extent practicable.
practicable.
Management programs.
(v) Management programs. (A)(A) A A description description of of the the existing existing management programs management programs to to control control pollutants pollutants from from the the municipal municipal separate separate storm sewer storm sewer system.
system. TheThe description description shall shall provide provide information information on on existing structural existing structural and and source source controls, controls, including including operation operation and and maintenance measures maintenance measures for for structural structural controls, controls, that that are are currently currently being being implemented. Such implemented. Such controls controls may may include, include, but but areare not not limited limited to: to:
Procedures to Procedures to control control pollution pollution resulting resulting from from construction construction activities; activities; floodplain management floodplain management controls; controls; wetland wetland protection protection measures; measures; best best management practices management practices for for new new subdivisions; subdivisions; and and emergency emergency spillspill response response programs. The programs. The description description may may address address controls controls established established under under State State law as law as well well asas local local requirements.
requirements.
(B) A (B) A description description of of the the existing existing program program to to identify identify illicit illicit connections connections to to the the municipal municipal storm storm sewer sewer system.
system. TheThe description description shouldshould include inspection include inspection
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procedures procedures and and methods methods for for detecting detecting andand preventing preventing illicit illicit discharges, discharges, and describe and describe areasareas where where thisthis program program has has been been implemented.
implemented.
(vi) Fiscal (vi) Fiscal resources.
resources. (A) (A) AA description description of of the the financial financial resources resources currently available currently available to to the the municipality municipality to to complete complete part part 2 2 of of the the permit permit application. A application. A description description of of the the municipality's municipality's budget budget forfor existing existing storm water storm water programs, programs, including including an an overview overview ofof the the municipality's municipality's financial resources financial resources and and budget, budget, including including overall overall indebtedness indebtedness and and assets, and assets, and sources sources of of funds funds for for storm storm water water programs.
programs.
(2) Part (2) Part 2. 2. Part Part 22 of of the the application application shall shall consist consist of: of:
(i) Adequate (i) Adequate legal legal authority.
authority. A A demonstration demonstration thatthat the the applicant applicant can can operate pursuant operate pursuant to to legal legal authority authority established established by by statute, statute, ordinance ordinance or or series of series of contracts contracts which which authorizes authorizes or or enables enables the the applicant applicant at at aa minimum to:
minimum to:
(A) Control (A) Control through through ordinance, ordinance, permit, permit, contract, contract, order order or or similar similar means, the means, the contribution contribution of of pollutants pollutants to to the the municipal municipal storm storm sewer sewer by by storm water storm water discharges discharges associated associated with with industrial industrial activity activity and and the the quality of quality of storm storm water water discharged discharged from from sites sites ofof industrial industrial activity; activity; (B) Prohibit (B) Prohibit through through ordinance, ordinance, order order or or similar similar means, means, illicit illicit discharges to discharges to the the municipal municipal separate separate storm storm sewer; sewer; (C) Control (C) Control through through ordinance, ordinance, orderorder or or similar similar means means the the discharge discharge to aa municipal to municipal separate separate stormstorm sewer sewer ofof spills, spills, dumping dumping or or disposal disposal of of materials other materials other thanthan storm storm water; water; (D) Control (D) Control through through interagency interagency agreements agreements among among coapplicants coapplicants the the contribution of contribution of pollutants pollutants from from one one portion portion ofof the the municipal municipal system system to to another portion another portion of of the the municipal municipal system; system; (E) Require (E) Require compliance compliance with with conditions conditions in in ordinances, ordinances, permits, permits, contracts or contracts or orders; orders; and and (F) Carry (F) Carry out out all all inspection, inspection, surveillance surveillance and and monitoring monitoring procedures procedures necessary to necessary to determine determine compliance compliance and and noncompliance noncompliance with with permit permit conditions including conditions including the the prohibition prohibition on on illicit illicit discharges discharges to to the the municipal separate municipal separate storm storm sewer.
sewer.
(ii) Source (ii) Source identification.
identification. The The location location of of any any major major outfall outfall that that discharges to discharges to waters waters of of the the United United States States that that was was not not reported reported underunder paragraph (d) paragraph (d) (1) (iii) (B)
(1) (iii) (B) (1)
(1) of of this this section.
section. Provide Provide an an inventory, inventory, organized by organized by watershed watershed of of the the name name and and address, address, and and aa description description (such (such as SIC as SIC codes) codes) which which best best reflects reflects thethe principal principal products products or or services services provided by provided by each each facility facility whichwhich maymay discharge, discharge, to to the the municipal municipal separate separate storm sewer, storm sewer, storm storm water water associated associated withwith industrial industrial activity; activity; (iii) Characterization (iii) Characterization data. data. When' When' 'quantitative
'quantitative data"data" for for aa pollutant are pollutant are required required underunder paragraph paragraph (d)(d) (a)
(a) (iii)
(iii) (A)
(A) (3)
(3) of of this this paragraph, the paragraph, the applicant applicant must must collect collect aa sample sample ofof effluent effluent in in accordance accordance with 40 with 40 CFR CFR 122.2l(g) 122,2l(g) (7) (7) and and analyze analyze itit for for the the pollutant pollutant in in accordance accordance with analytical with analytical methods methods approved approved under under 4040 eFR part 136.
CFR part 136, When When nono analytical method analytical method is is approved approved the the applicant applicant maymay use use any any suitable suitable method method but must but must provide provide aa description description of of the the method.
method, TheThe applicant applicant must must provide provide information characterizing information characterizing the the quality quality andand quantity quantity of of discharges discharges covered in covered in the the permit permit application, application, including:
including:
(A) Quantitative (A) Quantitative data data from from representative representative out out falls falls designated designated by by the the Director (based Director (based on on information information received received inin part part 11 of of the the application, application, the Director the Director shallshall designate designate between between five five and and ten ten outfalls outfalls or or field field screening points screening points as as representative representative of of the the commercial, commercial, residential residential and and industrial land industrial land useuse activities activities of of the the drainage drainage area area contributing contributing to to the the system or, system or, where where there there areare less less than than five five outfalls outfalls covered covered in in the the application, the application, the Director Director shallshall designate designate allall outfalls) outfalls) developed developed as as follows:
follows:
(1) For (1) For each each outfall outfall or or field field screening screening point point designated designated underunder thisthis subparagraph, samples subparagraph, samples shallshall be be collected collected of of storm storm water water discharges discharges from from three storm three storm events events occurring occurring at at least least one one month month apart apart in in accordance accordance with with the requirements the requirements at at Sec.
Sec, 122.21(g) 122.21(g) (7)(7) (the (the Director Director maymay allow allow exemptions exemptions to sampling to sampling three three storm storm events events when when climatic climatic conditions conditions create create good good cause for cause for such such exemptions);
exemptions);
(2) A (2) A narrative narrative description description shall shall be be provided provided of of the the date date andand duration of duration of the the storm storm event(s) event(s) sampled, sampled, rainfall rainfall estimates estimates of of the the storm storm event which event which generated generated the the sampled sampled discharge discharge andand the the duration duration between between the the storm event storm event sampled sampled and and the the endend of of the the previous previous measurable measurable (greater (greater than than 0.1 inch 0.1 inch rainfall) rainfall) storm storm event; event;
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(3) For (3) For samples samples collected collected and and described described under under paragraphs paragraphs (d) (d) (2)
(2) (iii)
(iii)
(A) (1) and (A) (1) and (A)(A) (2)
(2) of of this this section, section, quantitative quantitative data data shall shall bebe provided provided for: the for: the organic organic pollutants pollutants listed listed inin Table Table II;II; the the pollutants pollutants listedlisted in in Table III Table III (toxic (toxic metals, metals, cyanide, cyanide, andand total total phenols) phenols) of of appendix appendix D D of of 4040 CFR part CFR part 122, 122, andand forfor the the following following pollutants:
pollutants:
Total suspended Total suspended solidssolids (TSS)(TSS )
Total dissolved Total dissolved solidssolids (TDS)
(TDS)
COD COD BOD<INF>5</INF>
BOD<INF>5</INF>
Oil and Oil and grease grease Fecal coliform Fecal coliform Fecal streptococcus Fecal streptococcus pH pH Total Kjeldahl Total Kjeldahl nitrogen nitrogen Nitrate plus Nitrate plus nitrite nitrite Dissolved phosphorus Dissolved phosphorus Total ammonia Total ammonia plusplus organic organic nitrogen nitrogen Total phosphorus Total phosphorus (4) Additional (4) Additional limited limited quantitative quantitative data data required required by by the the Director Director for determining permit for determining permit conditions conditions (the (the Director Director may may require require thatthat quantitative data quantitative data shall shall be be provided provided for for additional additional parameters, parameters, and and may may establish sampling establish sampling conditions conditions such such asas the the location, location, seasonseason of of sample sample collection, form collection, form of of precipitation precipitation (snow (snow melt, melt, rainfall) rainfall) and and other other parameters necessary parameters necessary to to insure insure representativeness);
representativeness);
(B) Estimates (B) Estimates of of the the annual annual pollutant pollutant loadload of of the the cumulative cumulative discharges to discharges to waters waters of of the the United United States States fromfrom allall identified identified municipal municipal out falls and outfalls and the the event event meanmean concentration concentration of of the the cumulative cumulative discharges discharges to waters to waters of of the the United United States States fromfrom all all identified identified municipal municipal outfalls out falls during aa storm during storm event event (as (as described described under under Sec.
Sec. 122.21(c) 122.21(c) (7)) (7)) for for BOD<INF>5</INF>, COD, BOD<INF>5</INF>, COD, TSS,TSS, dissolved dissolved solids, solids, total total nitrogen, nitrogen, total total ammonia plus ammonia plus organic organic nitrogen, nitrogen, total total phosphorus, phosphorus, dissolved dissolved phosphorus, phosphorus, cadmium, copper, cadmium, copper, lead,lead, and and zinc.
zinc. Estimates Estimates shallshall be be accompanied accompanied by by aa description of description of the the procedures procedures for for estimating estimating constituent constituent loads loads andand concentrations, including concentrations, including any any modelling, modelling, data data analysis, analysis, and and calculation calculation methods; methods; (C) A (C) A proposed proposed schedule schedule to to provide provide estimates estimates for for each each major major outfall outfall identified in identified in either either paragraph paragraph (d) (d) (2) (ii) or (2) (ii) or (d)
(d) (1) (iii) (8)
(1) (iii) (B) (1)
(1) ofof this this section of section of the the seasonal seasonal pollutant pollutant load load andand ofof the the event event meanmean concentration of concentration of aa representative representative storm storm forfor any any constituent constituent detected detected in in any sample any sample required required under under paragraph paragraph (d) (d) (2)
(2) (iii)
(iii) (A)
(A) ofof this this section; section; and and (D) A (D) A proposed proposed monitoring monitoring programprogram for for representative representative data data collection collection for the for the term term ofof thethe permit permit that that describes describes the the location location of of outfalls outfalls or or field screening field screening pointspoints to to bebe sampled sampled (or (or the the location location of of instream instream stations), why stations), why thethe location location is is representative, representative, the the frequency frequency of of sampling, parameters sampling, parameters to to bebe sampled, sampled, and and aa description description of of sampling sampling equipment.
equipment.
(iv) Proposed (iv) Proposed management management program.
program. A A proposed proposed management management program program covers the covers the duration duration of of the the permit.
permit. It It shall shall include include aa comprehensive comprehensive planning process planning process whichwhich involves involves publicpublic participation participation and and where where necessary necessary intergovernmental coordination, intergovernmental coordination, to to reduce reduce the the discharge discharge of of pollutants pollutants to to the maximum the maximum extent extent practicable practicable using using management management practices, practices, control control techniques and techniques and system, system, design design and and engineering engineering methods, methods, and and such such other other provisions which provisions which are are appropriate.
appropriate. The The program program shall shall alsoalso include include aa description of description of staff staff and and equipment equipment available available to to implement implement the the program.
program.
Separate proposed Separate proposed programs programs may may bebe submitted submitted by by each each coapplicant.
coapplicant.
Proposed programs Proposed programs may may impose impose controls controls on on aa systemwide systemwide basis,basis, aa watershed watershed basis, aa jurisdiction basis, jurisdiction basis, basis, or or onon individual individual outfalls.
outfalls. Proposed Proposed programs will programs will be be considered considered by by the the Director Director when when developing developing permitpermit conditions to conditions to reduce reduce pollutants pollutants in in discharges discharges to to the the maximum maximum extent extent practicable. Proposed practicable. Proposed management management programs programs shall shall describe describe priorities priorities for for implementing controls.
implementing controls. Such Such programs programs shallshall be be based based on: on:
(A) A (A) A description description of of structural structural and and source source control control measures measures to to reduce pollutants reduce pollutants from from runoff runoff fromfrom commercial commercial and and residential residential areas areas that that are discharged are discharged from from the the municipal municipal stormstorm sewer sewer system system that that areare to to be be implemented during implemented during the the life life of of the the permit, permit, accompanied accompanied with with anan estimate estimate of the of the expected expected reduction reduction of of pollutant pollutant loadsloads and and aa proposed proposed schedule schedule for for implementing such implementing such controls.
controls. At At aa minimum, minimum, the the description description shall shall include:
include:
(1) A (1) description of A description of maintenance maintenance activities activities and and aa maintenance maintenance schedule for schedule for structural structural controls controls to to reduce reduce pollutants pollutants (including (including floatables) in floatables) in discharges discharges from from municipal municipal separate separate storm storm sewers; sewers;
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(2) A (2) A description description of of planning planning procedures procedures including including aa comprehensive comprehensive master master planplan toto develop, develop, implement implement and and enforce enforce controls controls to to reduce reduce thethe discharge of discharge of pollutants pollutants from from municipal municipal separate separate stormstorm sewers sewers which which receive discharges receive discharges from from areas areas of of new new development development and and significant significant redevelopment. Such redevelopment. Such planplan shall shall address address controls controls to to reduce reduce pollutants pollutants in in discharges from discharges from municipal municipal separate separate storm storm sewers sewers after after construction construction is is completed.. (Controls completed (Controls to to reduce reduce pollutants pollutants in in discharges discharges from from municipal municipal separate storm separate storm sewers sewers containing containing construction construction site site runoff runoff are are addressed addressed in paragraph in paragraph (d) (d) (2) (iv) (D)
(2) (iv) (D) ofof this this section; section; (3) A (3) A description description of of practices practices for for operating operating and and maintaining maintaining publicpublic streets, roads streets, roads and and highways highways and and procedures procedures for for reducing reducing the the impact impact on on receiving waters receiving waters of of discharges discharges from from municipal municipal storm storm sewer sewer systems, systems, including pollutants including pollutants discharged discharged as as aa result result of of deicing deicing activities; activities; (4) A (4) A description description of of procedures procedures to to assure assure thatthat flood flood management management
projects assess projects assess thethe impacts impacts on on the the water water quality quality of of receiving receiving water water bodies bodies and and that that existing existing structural structural floodflood control control devices devices have have beenbeen evaluated to evaluated to determine determine if if retrofitting retrofitting the the device device to to provide provide additional additional pollutant removal pollutant removal from from storm storm water water isis feasible; feasible; (5) A (5) description of A description of aa program program to to monitor monitor pollutants pollutants in in runoff runoff fromfrom operating or operating or closed closed municipal municipal landfills landfills or or other other treatment, treatment, storage storage or or disposal facilities disposal facilities for for municipal municipal waste, waste, which which shall shall identify identify priorities priorities and procedures and procedures for for inspections inspections and and establishing establishing and and implementing implementing control control measures for measures for such such discharges discharges (this (this program program can can bebe coordinated coordinated with with thethe program developed program developed under under paragraph paragraph (d) (2) (iv)
(d) (2) (iv) (C)
(e) ofof this this section);
section); and and (6) A (6) description of A description of aa program program to to reduce reduce to to the the maximum maximum extentextent practicable, pollutants practicable, pollutants in in discharges discharges from from municipal municipal separate separate storm storm sewers associated sewers associated with with the the application application of of pesticides, pesticides, herbicides herbicides and and fertilizer which fertilizer which will will include, include, as as appropriate, appropriate, controls controls such such as as educational activities, educational activities, permits, permits, certifications certifications and and other other measures measures for for commercial applicators commercial applicators and and distributors, distributors, and and controls controls for for application application in in public right-of-ways public right-of-ways and and atat municipal municipal facilities.
facilities.
(B) A (B) A description description of of aa program, program, including including aa schedule, schedule, to to detect detect and and remove (or remove (or require require the the discharger discharger to to the the municipal municipal separate separate storm storm sewer sewer to obtain to obtain aa separate separate NPDES NPDES permit permit for) for) illicit illicit discharges discharges and and improper improper disposal into disposal into the the storm storm sewer.
sewer. The The proposed proposed program program shallshall include:
include:
(1) A (1) description of A description of aa program, program, including including inspections, inspections, to to implement implement and enforce and enforce an an ordinance, ordinance, orders orders or or similar similar meansmeans to to prevent prevent illicit illicit discharges to discharges to the the municipal municipal separate separate storm storm sewer sewer system; system; this this program program description shall description shall address address all all types types ofof illicit illicit discharges, discharges, however however the the following category following category of of non-storm non-storm water water discharges discharges or or flows flows shallshall be be addressed where addressed where such such discharges discharges are are identified identified by by thethe municipality municipality as as sources of sources of pollutants pollutants to to waters waters of of the the United United States:
States: water water lineline flushing, landscape flushing, landscape irrigation, irrigation, diverted diverted stream stream flows, flows, risingrising ground ground waters, uncontaminated waters, uncontaminated ground ground water water infiltration infiltration (as (as defined defined at at 4040 eFR CFR 35 2005(20)) to 35 .. 2005(20)) to separate separate storm storm sewers, sewers, uncontaminated uncontaminated pumped pumped ground ground water, discharges water, discharges from from potable potable water water sources, sources, foundation foundation drains, drains, air air conditioning condensation, conditioning condensation, irrigation irrigation water, water, springs, springs, water water fromfrom crawl crawl space pumps, space pumps, footing footing drains, drains, lawnlawn watering, watering, individual individual residential residential car car washing, flows washing, flows from from riparian riparian habitats habitats and and wetlands, wetlands, dechlorinated dechlorinated swimming pool swimming pool discharges, discharges, and and street street wash wash water water (program (program descriptions descriptions shall address shall address discharges discharges or or flows flows from from fire fire fighting fighting only only where where suchsuch discharges or discharges or flows flows are are identified identified as as significant significant sources sources of of pollutants pollutants to waters to waters of of the the United United States);
States);
(2) A (2) description of A description of procedures procedures to to conduct conduct on-going on-going field field screening screening activities during activities during thethe life life of of the the permit, permit, including including areas areas or or locations locations that will that will bebe evaluated evaluated by by such such field field screens; screens; (3) A (3) description of A description of procedures procedures to to bebe followed followed to to investigate investigate portions of portions of the the separate separate storm storm sewer sewer system system that, that, based based on on the the results results of the of the field field screen, screen, or or other other appropriate appropriate information, information, indicate indicate aa reasonable potential reasonable potential of of containing containing illicit illicit discharges discharges or or other other sources sources of non-storm of non-storm water water (such(such procedures procedures may may include:
include: sampling sampling procedures procedures for for constituents such constituents such as as fecal fecal coliform, coliform, fecalfecal streptococcus, streptococcus, surfactantssurfactants (MBAS), residual (MBAS), residual chlorine, chlorine, fluorides fluorides and and potassium; potassium; testingtesting with with
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((Page 672))672))
fluorometric dyes; fluorometric dyes; or or conducting conducting in in storm storm sewer sewer inspections inspections where where safety safety and other considerations and other considerations allow. allow. SuchSuch description description shall shall include include the the location of location of storm storm sewers sewers that that have have been been identified identified for for such such evaluation);
evaluation);
(4) A (4) description of A description of procedures procedures to to prevent, prevent, contain, contain, and and respond respond to to spills that spills that maymay discharge discharge into into thethe municipal municipal separate separate storm storm sewer; sewer; (5) A (5) A description description of of aa program program to to promote, promote, publicize, publicize, and and facilitate facilitate public reporting public reporting of of thethe presence presence of of illicit illicit discharges discharges or or water water quality quality impacts associated impacts associated with with discharges discharges from from municipal municipal separate separate storm storm sewers; sewers; (6) A (6) description of A description of educational educational activities, activities, public public information information activities, and activities, and other other appropriate appropriate activities activities to to facilitate facilitate the the proper proper management and management and disposal disposal of of used used oiloil and and toxic toxic materials; materials; and and (7) A (7) description of A description of controls controls to to limit limit infiltration infiltration of of seepage seepage from from municipal sanitary municipal sanitary sewers sewers to to municipal municipal separate separate storm storm sewer sewer systems systems where necessary; where necessary; (e)
(C) A A description description of of aa program program to to monitor monitor and and control control pollutants pollutants in in storm water storm water discharges discharges to to municipal municipal systems systems from from municipal municipal landfills, landfills, hazardous waste hazardous waste treatment, treatment, disposal disposal and and recovery recovery facilities, facilities, industrial industrial facilities that facilities that are are subject subject to to section section 313 313 of of title title III III ofof thethe Superfund Superfund Amendments and Amendments and Reauthorization Reauthorization Act Act ofof 1986 1986 (SARA),
(SARA), and and industrial industrial facilities that facilities that the the municipal municipal permitpermit applicant applicant determines determines are are contributing aa substantial contributing substantial pollutant pollutant loading loading to to the the municipal municipal storm storm sewer system.
sewer system. The The program program shall:shall:
(1) Identify (1) Identify priorities priorities and and procedures procedures for for inspections inspections and and establishing and establishing and implementing implementing control control measures measures for for such such discharges; discharges; (2) Describe (2) Describe aa monitoring monitoring programprogram for for storm storm water water discharges discharges associated with associated with the the industrial industrial facilities facilities identified identified in in paragraph paragraph (2) (iv)
(d) (2)
(d) (iv) (e) of this (C) of this section, section, to to be be implemented implemented during during the the term term of of the the permit, including permit, including the the submission submission of of quantitative quantitative data data on on thethe following following constituents: any constituents: any pollutants pollutants limited limited in in effluent effluent guidelines guidelines subcategories, where subcategories, where applicable; applicable; any any pollutant pollutant listedlisted in in anan existing existing
NPDES permit NPDES permit for for aa facility; facility; oil oil and and grease, grease, COO, COO, pH, pH, BOD<INF>5</INF>,
BOD<INF>5</INF>,
TSS, total phosphorus, TSS, total phosphorus, total total Kjeldahl Kjeldahl nitrogen, nitrogen, nitratenitrate plus plus nitrite nitrite nitrogen, and nitrogen, and any information on any information on discharges discharges requiredrequired under under 40 40 CFR CFR 122.21 (g) 122.21 (g) (7)
(7) (iii)
(iii) and and (iv).
(iv).
(D) A (D) A description description of of aa program program to to implement implement and and maintain maintain structural structural and non-structural and non-structural best best management management practices practices to to reduce reduce pollutants pollutants in in storm water storm water runoff runoff from from construction construction sites sites to to the the municipal municipal storm storm sewersewer system, which system, which shall shall include:
include:
(1) A (1) A description description of of procedures procedures for for site site planning planning which which incorporate incorporate consideration of consideration of potential potential water water quality quality impacts; impacts; (2) A (2) A description description of of requirements requirements for for nonstructural nonstructural and and structural structural best management best management practices; practices; (3) A (3) A description description of of procedures procedures for for identifying identifying priorities priorities for for inspecting sites inspecting sites and and enforcing enforcing controlcontrol measures measures which which consider consider the the nature of nature of the the construction construction activity,activity, topography, topography, and and thethe characteristics characteristics of soils of soils and and receiving receiving water water quality; quality; and and (4) A (4) A description description of of appropriate appropriate educational educational and and training training measuresmeasures for construction for construction site site operators.
operators.
(v) Assessment (v) Assessment of of controls.
controls. Estimated Estimated reductions reductions in in loadings loadings of of pollutants from pollutants from discharges discharges of of municipal municipal storm storm sewersewer constituents constituents from from municipal storm municipal storm sewer sewer systems systems expected expected as as the the result result of of the the municipal municipal storm water storm water quality quality management management program.
program. The The assessment assessment shall shall also also identify known identify known impacts impacts of of storm storm water water controls controls on on ground ground water. water.
(vi) Fiscal (vi) Fiscal analysis.
analysis. For For each each fiscal fiscal year year to to be be covered covered by by the the permit, aa fiscal permit, fiscal analysis analysis of of the the necessary necessary capitalcapital and and operation operation and and maintenance expenditures maintenance expenditures necessarynecessary to to accomplish accomplish the the activities activities of of the the programs under programs under paragraphs paragraphs (d) (2) (iii)
(d) (2) (iii) and and (iv)
(iv) of of this this section.
section. Such Such analysis shall analysis shall include include aa description description of of the the source source of of funds funds that that are are proposed to proposed to meet meet the the necessary necessary expenditures, expenditures, includingincluding legal legal restrictions on restrictions on the the use use ofof such such funds.
funds.
(vii) Where (vii) Where moremore thanthan oneone legal legal entity entity submits submits an an application, application, the the application shall application shall contain contain aa description description of of thethe roles roles and and responsibilities of responsibilities of each each legal legal entity entity and and procedures procedures to to ensure ensure effective effective coordination.
coordination.
(viii) Where (viii) Where requirements requirements under under paragraph paragraph (d) (d) (1) (iv) (E),
(1) (iv) (E), (d)(d) (2) (ii),
(2) (ii),
(2) (iii)
(d) (2)
(d) (iii) (B)
(B) and and (d) (2) (iv)
(d) (2) (iv) of of this this section section are are not not practicable practicable or or are are not applicable, not applicable, the the Director Director may may exclude exclude any any
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operator operator of of aa discharge discharge from from aa municipal municipal separate separate storm storm sewer sewer whichwhich is is designated under designated under paragraph paragraph (a) (a) (1)
(1) (v),
(v), (b) (b) (4)
(4) (ii)
(ii) or or (b)(b) (7) (ii) of (7) (ii) of this this section from section from such such requirements.
requirements. The The Director Director shall shall not not exclude exclude the the operator of operator of aa discharge discharge from from aa municipal municipal separate separate storm storm sewer sewer identified identified in appendix in appendix F, F, G, G, H H oror II of of part part 122,122, from from any any of of thethe permit permit application application requirements under requirements under this this paragraph paragraph except except where where authorized authorized under under thisthis section.
section.
(e) Application (e) Application deadlinesdeadlines under under paragraph paragraph (a) (a) (1).
(1). Any Any operator operator of of aa point source point source required required to to obtain obtain aa permitpermit under under paragraph paragraph (a) (a) (1)
(1) ofof this this section that section that does does not not have have an an effective effective NPDES NPDES permit permit covering covering its its storm storm water out water out falls falls shall shall submit submit an an application application in in accordance accordance with with the the following deadlines:
following deadlines:
(1) Individual (1) Individual applications.
applications. (i) (i) Except Except as as provided provided in in paragraph paragraph (e) (1)
(e) (1) (ii)
(ii) of of this this section, section, for for anyany storm storm waterwater discharge discharge associatedassociated with industrial with industrial activity activity identified identified in in paragraphs paragraphs (b) (b) (14)
(14) (i) (i) through through (xi) of (xi) of this this section, section, that that is is not not part part of of aa group group application application as as described in described in paragraph paragraph (c) (c) (2)
(2) ofof this this section section or or which which is is notnot authorized authorized by aa storm by storm water water general general permit, permit, aa permit permit application application made made pursuant pursuant to to paragraph (C) paragraph (C) ofof this this section section shallshall be be submitted submitted to to thethe Director Director by by October 1, October 1, 1992; 1992; (ii) For (ii) For any any storm storm waterwater discharge discharge associated associated with with industrial industrial activity from activity from aa facility facility that that is is owned owned or or operated operated by by aa municipality municipality with aa population with population of of less less than than 100,000 100,000 otherother than than an an airport, airport, powerplant, or powerplant, or uncontrolled uncontrolled sanitary sanitary landfill, landfill, permit permit application application requirements are requirements are contained contained in in paragraph paragraph (g) (g) ofof this this section.
section.
(2) For (2) For anyany group group application application submitted submitted in in accordance accordance with with paragraph paragraph (c) (2)
(c) (2) of of this this section:
section:
(i) Part (i) Part 1. 1. (A)(A) Except Except as as provided provided in in paragraph paragraph (e) (e) (2)
(2) (i)
(i) (B)
(B) ofof this this section, part section, part 11 of of thethe application application shall shall be be submitted submitted to to thethe Director, Director, Office of Office of Wastewater Wastewater Enforcement Enforcement and and Compliance Compliance by by September September 30, 30, 1991; 1991; (B) Any (B) Any municipality municipality with with aa population population of of less less than than 250,000 250,000 shall shall not be not be required required to to submit submit aa part part 11 application application before before May May 18, 18, 1992.
1992.
(C) For (C) For anyany storm storm waterwater discharge discharge associated associated with with industrial industrial activity from activity from aa facility facility that that is is owned owned or or operated operated by by aa municipality municipality with aa population with population of of less less than than 100,000 100,000 otherother than than an an airport, airport, powerplant, or powerplant, or uncontrolled uncontrolled sanitary sanitary landfill, landfill, permit permit applications applications requirements are requirements are reserved.
reserved.
(ii) Based (ii) Based on on information information in in the the part part 11 application, application, the the Director Director will approve will approve or or deny deny the the members members in in the the group group application application within within 60 60 days days after receiving after receiving part part 11 of of the the group group application application ..
(iii) Part (iii) Part 2. 2. (A)(A) Except Except as as provided provided in in paragraph paragraph (e) (e) (2)
(2) (iii)
(iii) (B)(B) ofof this section, this section, part part 22 of of the the application application shall shall be be submittted submittted to to the the
- Director, Director, Office Office ofof Wastewater Wastewater Enforcement Enforcement andand Compliance Compliance by by October October 1, 1, 1992; 1992; (B) Any (B) Any municipality municipality withwith aa population population of of less less than than 250,000 250,000 shall shall not be not be required required to to submit submit aa part part 11 application application before before MayMay 17, 17, 1993.
1993.
(C) For (C) For any any storm storm water water discharge discharge associated associated withwith industrial industrial activity from activity from aa facility facility that that isis owned owned oror operated operated by by aa municipality municipality with aa population with population of of less less than than 100,000 100,000 other other than than anan airport, airport, powerplant, or powerplant, or uncontrolled uncontrolled sanitary sanitary landfill, landfill, permit permit applications applications requirements are requirements are reserved.
reserved.
(iv) Rejected (iv) Rejected facilities.
facilities. (A) (A) Except Except as as provided provided in in paragraph paragraph (e) (2)
(e) (2) (iv)
(iv) (B) of this (8) of this section, section, facilities facilities that that areare rejected rejected as as members members of the of the group group shall shall submit submit an an individual individual application application (or (or obtain obtain coverage coverage under an under an applicable applicable general general permit) permit) nono later later than than 1212 months months after after thethe date of date of receipt receipt of of the the notice notice ofof rejection rejection or or October October 1, 1, 1992, 1992, whichever whichever comes first.
comes first.
(B) Facilities (B) Facilities thatthat are are owned owned oror operated operated by by aa municipality municipality and and that that are rejected are rejected as as members members ofof part part 11 group group application application shallshall submit submit an an individual application individual application no no later later than than 180 180 days days after after thethe date date of of receipt receipt of the of the notice notice of of rejection rejection oror October October 1,1, 1992, 1992, whichever whichever is is later.
later.
(v) A (v) A facility facility listed listed under under paragraph paragraph (b)
(b) (14)
(14) (i)-(xi)
(i)-(xi) of of this this section may section may add add onon to to aa group group application application submitted submitted in in accordance accordance with with paragraph (e) paragraph (e) (2)
(2) (i)
(i) of of this this section section atat the the discretion discretion of of the the Office Office ofof Water Enforcement Water Enforcement and and Permits, Permits, and and only only upon upon aa showing showing of of good good cause cause byby the facility the facility and and the the group group applicant; applicant; the the request request for for the the addition addition of of the facility the facility shallshall bebe made made no no later later than than February February 18, 18, 1992; 1992; thethe addition addition of the of the facility facility shall shall not not cause cause the the percentage percentage of of the the facilities facilities that that are required are required to to
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submit quantitative data submit quantitative data to to be be less less than than 10%,
10%, unless unless there there are are over over 100 100 facilities in facilities in the the group group that that are are submitting submitting quantitative quantitative data;data; approval approval to become to become part part ofof group group application application must must be be obtained obtained fromfrom the the group group oror the trade the trade association association representing representing thethe individual individual facilities.
facilities.
(3) For (3) For any any discharge discharge from from aa large large municipal municipal separate separate storm storm sewer sewer system; system; (i) Part (i) Part 11 ofof the the application application shall shall be be submitted submitted to to the the Director Director by by November 18, November 18, 1991; 1991; (ii) Based (ii) Based on on information information received received inin the the part part 1 1 application application the the Director will Director will approve approve or or deny deny aa sampling sampling plan plan under under paragraph paragraph (d) (1)
(d) (1) (iv)
(iv) (E)
(E) of of this this section section within within 90 90 days days after after receiving receiving the the part part application; application; (iii) Part (iii) Part 22 of of the the application application shall shall be be submitted submitted to to the the Director Director by November by November 16, 16, 1992.
1992.
(4) For (4) For any any discharge discharge from from aa medium medium municipal municipal separate separate storm storm sewer sewer system; system; (i) Part (i) Part 11 ofof the the application application shall shall be be submitted submitted to to the the Director Director by by May 18, May 18, 1992.
1992.
(ii) Based (ii) Based on on information information received received inin the the part part 1 1 application application the the Director will Director will approve approve or or deny deny aa sampling sampling plan plan under under paragraph paragraph (d) (1)
(d) (1) (iv)
(iv) (E)
(E) of of this this section section within within 90 90 days days after after receiving receiving the the part part application.
application.
(iii) Part (iii) Part 22 of of the the application application shall shall be be submitted submitted to to the the Director Director by May by May 17,17, 1993.
1993.
(5) A (5) A permit permit application application shall shall be be submitted submitted to to the the Director Director within within 60 days 60 days of of notice, notice, unless unless permission permission forfor aa later later date date is is granted granted by by the the Director (see Director (see 40 40 CFR CFR 124.52(c)),
124.52(c)), for:
for:
(i) A (i) A storm storm water water discharge discharge which which the the Director, Director, or or inin States States with with approved NPDES approved NPDES programs, programs, either either the the Director Director or or the the EPA EPA Regional Regional Administrator, determines Administrator, determines that that the the discharge discharge contributes contributes to to aa violation violation of aa water of water quality quality standard standard oror is is aa significant significant contributor contributor of of pollutants to pollutants to waters waters ofof the the United United States States (see (see paragraph paragraph (a) (a) (1)
(1) (v) of (v) of this section);
this section);
(ii) A (ii) A storm storm water water discharge discharge subject subject toto paragraph paragraph (c) (c) (1)
(1) (v)
(v) of of this this section.
section.
(6)
(6) Facilities Facilities withwith existing existing NPDES NPDES permits permits forfor storm storm water water discharges associated discharges associated withwith industrial industrial activity activity shall shall maintain maintain existing existing permits.. Facilities permits Facilities withwith permits permits forfor storm storm water water discharges discharges associated associated with industrial with industrial activity activity which which expire expire onon or or after after MayMay 18, 18, 1992 1992 shall shall submit aa new submit new application application in in accordance accordance with with the the requirements requirements of of 40 40 CFR CFR 122 .. 21 122 21 and and 4040 CFR CFR 122.26(c) 122.26(c) (Form (Form 1, Form 2F, 1, Form 2F, andand other other applicable applicable Forms) 180 Forms) 180 days days before before the the expiration expiration of of such such permits.
permits.
(7) The (7) The Director Director shall shall issue issue or or deny deny permits permits for for discharges discharges composed composed entirely of entirely of storm storm water water under under this this section section inin accordance accordance with with the the following schedule:
following schedule :
(i) (A)
(i) (A) Except Except as as provided provided in in paragraph paragraph (e)(e) (7)
(7) (i)
(i) (B)
(B) of of this this section, section, the Director the Director shallshall issue issue or or deny deny permits permits for for storm storm water water discharges discharges associated with associated with industrial industrial activity activity nono later later than than October October 1, 1993, or, 1, 1993, or, for new for new sources sources or or existing existing sources sources which which fail fail to to submit submit aa complete complete permit application permit application by by October October 1,1, 1992, 1992, one one year year after after receipt receipt of of aa complete permit complete permit application; application; (B) For (B) For any any municipality municipality withwith aa population population of of less less than than 250,000 250,000
which submits aa timely which submits timely Part Part II group group application application underunder paragraph paragraph (e) (2)
(e) (2) (i)
(i) (8)
(8) ofof this this section, section, thethe Director Director shall shall issue issue or or deny deny permits permits for storm for storm water water discharges discharges associated associated with with industrial industrial activity activity no no later later than May than May 17, 17, 1994, 1994, or, or, for for any any such such municipality municipality whichwhich fails fails to to submit submit aa complete Part complete Part II II group group permit permit application application by by May May 17, 17, 1993, 1993, one one year year after receipt after receipt of of aa complete complete permit permit application; application; (ii) The (ii) The Director Director shall shall issue issue or or deny deny permits permits forfor large large municipal municipal separate storm separate storm sewer sewer systems systems no no later later than than November November 16,16, 1993, 1993, or, or, for for new sources new sources or or existing existing sources sources which which fail fail toto submit submit aa complete complete permit permit application by application by November November 16,16, 1992, 1992, one one year year after after receipt receipt of of aa complete complete permit application; permit application; (iii) The (iii) The Director Director shall shall issue issue or or deny deny permits permits forfor medium medium municipal municipal separate storm separate storm sewer sewer systems systems no no later later than than May May 17, 17, 1994, 1994, or, or, forfor new new sources or sources or existing existing sources sources which which failfail to to submit submit aa complete complete permit permit application by application by May May 17, 17, 1993, 1993, one one year year after after receipt receipt ofof aa complete complete permit permit application.
application.
(f) Petitions.
(f) Petitions. (I) (1) Any Any operator operator of of aa municipal municipal separate separate storm storm sewer sewer system may system may petition petition the the Director Director to to require require aa separate separate NPDES NPDES permit permit (or(or aa permit permit issued issued under under an an approved approved NPDESNPDES State State program) program) for for any any discharge discharge into the into the
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municipal separate storm municipal separate storm sewer sewer system.
system.
(2) Any (2) Any person person may may petition petition the the Director Director to to require require aa NPDES NPDES permit permit for aa discharge for discharge whichwhich is is composed composed entirely entirely of of storm storm water water which which contributes to contributes to aa violation violation of of aa water water quality quality standard standard or or is is aa significant contributor significant contributor of of pollutants pollutants to to waters waters of of the the United United States.
States.
(3) The (3) The owner owner oror operator operator of of aa municipal municipal separate separate storm storm sewer sewer system system may petition may petition the the Director Director toto reduce reduce thethe Census Census estimates estimates of of the the population served population served by by such such separate separate system system to to account account forfor storm storm water water discharged to discharged to combined combined sewers sewers asas defined defined by by 4040 CFR CFR 35.2005(b) 35.2005(b) (11) (11) that that is treated is treated in in aa publicly publicly owned owned treatment treatment works.
works. In In municipalities municipalities in in which combined which combined sewers sewers areare operated, operated, the the Census Census estimates estimates of of population population may be may be reduced reduced proportional proportional to to the the fraction, fraction, based based onon estimated estimated lengths, lengths, of the of the length length of of combined combined sewers sewers overover the the sum sum of of the the length length of of combined combined sewers and sewers and municipal municipal separate separate storm storm sewers sewers where where anan applicant applicant has has submitted the submitted the NPDES NPDES permit permit number number associated associated withwith each each discharge discharge pointpoint and aa map and map indicating indicating areasareas served served by by combined combined sewers sewers andand the the location location of of any combined any combined sewersewer overflow overflow discharge discharge point.
point.
(4) Any (4) Any person person may may petition petition the the Director Director for for the the designation designation of of aa large or large or medium medium municipal municipal separate separate stormstorm sewer sewer system system asas defined defined by by paragraphs (b) paragraphs (b) (4)
(4) (iv)
(iv) oror (b)
(b) (7) (iv) of (7) (iv) of this this section.
section.
(5) The (5) The Director Director shall shall make make aa final final determination determination on on any any petition petition received under received under this this section section within within 90 90 days days after after receiving receiving the the petition.
petition.
(g) Application (g) Application requirements requirements for for discharges discharges composed composed entirely entirely of of storm water storm water under under Clean Clean Water Water Act Act section section 402(p) 402(p) (6).
(6). Any Any operator operator of of aa point source point source required required to to obtain obtain aa permit permit under under paragraph paragraph (a) (a) (9)
(9) of of this this section shall section shall submit submit anan application application in in accordance accordance with with the the following following requirements.
requirements.
(1) Application (1) Application deadlines.
deadlines. The The operator operator shall shall submit submit anan application application in accordance in accordance with with the the following following deadlines:
deadlines:
(i) A (i) A discharger discharger whichwhich the the Director Director determines determines to to contribute contribute to to aa violation of violation of aa water water quality quality standard standard or or is is aa significant significant contributor contributor of of pollutants to pollutants to waters waters ofof the the United United States States shall shall apply apply for for aa permit permit to to the Director the Director within within 180180 days days ofof receipt receipt of of notice, notice, unless unless permission permission for for aa later later date date is is granted granted by by the the Director Director (see(see 4040 CFR CFR 124.52(c));
124.52(c)); or or (ii) All (ii) All other other dischargers dischargers shallshall apply apply toto the the Director Director no no later later than than August 7, August 7, 2001 2001..
(2) Application requirements.
(2) Application requirements. The The operator operator shall shall submit submit an an application in application in accordance accordance withwith the the following following requirements, requirements, unless unless otherwise modified otherwise modified by by the the Director:
Director:
(i) Individual (i) Individual application application for for non-municipal non-municipal discharges.
discharges. The The requirements contained requirements contained in in paragraph paragraph (c) (c) (1)
(1) ofof this this section.
section.
(ii) Application requirements Iii) Application requirements for for municipal municipal separate separate storm storm sewer sewer discharges. The discharges. The requirements requirements contained contained in in paragraph paragraph (d) (d) of of this this section.
section.
(iii) Notice (iii) Notice of of intent intent toto be be covered covered by by aa general general permit permit issued issued byby the Director.
the Director. The The requirements requirements contained contained in in 4040 CFR CFR 122.28(b) 122.28(b) (2).(2).
[55 FR
[55 FR 48063, 48063, Nov.Nov. 16, 16, 1990, 1990, asas amended amended at at 5656 FR FR 12100, 12100, Mar.
Mar. 21, 21, 1991; 1991; 56 FR 56 FR 56554, 56554, Nov.
Nov. 5,5, 1991; 1991; 57 57 FRFR 11412, 11412, Apr.
Apr. 2,2, 1992; 1992; 57 57 FR FR 60447, 60447, Dec.
Dec.
18, 1992; 18, 1992; 60 60 FRFR 17956, 17956, Apr.
Apr. 7, 7, 1995; 1995; 60 60 FR FR 19464, 19464, Apr.
Apr. 18, 18, 1995; 1995; 60 60 FR FR 40235, Aug.
40235, Aug. 7, 7, 1995]
1995]