Compliance With MPCA Industrial Stormwater Permit Requirements

Complying with MinnesotaComplying with MinnesotaIndustrial StormwaterIndustrial Stormwater

RequirementsRequirements

Loren J. Larson Managing Partner

Caltha LLP, Minneapolis

Storm Water Management Seminar | Eagan, Minnesota| November 30, 2012

http://calthacompany.com/stormwater



mailto:[email protected]?subject=Stormwater Question

http://www.calthacompany.com/

NOTICENotice is hereby given that the ABC, Inc., Industry Drive, Carbondale, PA 18407,intends to make application to the Department of Environmental Protection (DEP) for a Water Quality Management Permit for the discharge of industrial wastes in a manner which meets DEP requirements, from its facility located in Carbondale, Lackawanna County. This is an existing discharge of an intermittent nature to the Lackawanna River via the existing municipal storm water system. This application is made under the provision of the Clean Streams Law, the Act of June 22, 1937, P.L. 1987, as amended. Persons desiring additional information, or who wish to provide comment concerning this permit application should contact the Company as indicated above, or DEP at the following address: Regional Water Quality Manager, DEP NE Regional Office, 2 Public Sq, Wiles-Barre, PA 18701-1915 Phone (570) 826-2511, after August 25, 2012 .

NOTICENotice is hereby given that the ABC, Inc., Industry Drive, Carbondale, PA 18407,intends to make application to the Department of Environmental Protection (DEP) for a Water Quality Management Permit for the discharge of industrial wastes in a manner which meets DEP requirements, from its facility located in Carbondale, Lackawanna County. This is an existing discharge of an intermittent nature to the Lackawanna River via the existing municipal storm water system. This application is made under the provision of the Clean Streams Law, the Act of June 22, 1937, P.L. 1987, as amended. Persons desiring additional information, or who wish to provide comment concerning this permit application should contact the Company as indicated above, or DEP at the following address: Regional Water Quality Manager, DEP NE Regional Office, 2 Public Sq, Wiles-Barre, PA 18701-1915 Phone (570) 826-2511, after August 25, 2012 .

OutlineOutlineOutline

• Overview of Clean Water Act• Application of Clean Water Act to

stormwater discharge• Overview of Minnesota industrial permit

requirements

Clean Water ActClean Water ActClean Water Act

Historic PerspectiveHistoric PerspectiveHistoric Perspective

• 1972 – Passage of “Clean Water Act”

1972 Federal Water Pollution Control Act

1972 Federal Water Pollution 1972 Federal Water Pollution Control ActControl Act

• October 18, 1972 congress overrode a presidential veto and enacted the zero discharge goal

• EPA stated the vision that waters are to be fishable and swimmable

• EPA set national goals to eliminate pollution

OVERVIEWOVERVIEWOVERVIEW

Clean Water Act Objective:

“restore and maintain the chemical, physical, and biological integrity of the nation’s waters”

OVERVIEWOVERVIEWOVERVIEWClean Water Act National Policy:•“discharge of toxic pollutants in toxic amounts will be prohibited”•“discharge of pollutants into navigable waters will be eliminated by 1985”

§301 & 306 - EFFLUENT LIMITS

§§301 & 306 301 & 306 -- EFFLUENT EFFLUENT LIMITSLIMITS

EPA is required to:• Publish a list of “source categories”• Develop technology-based performance standards for all

“source categories” based on Best Pollution Control Technology (BPCT)

» Direct discharges» Indirect discharges (discharges to POTW)» New discharges and existing discharges

§303 & 307 - WQ STANDARDS§§303 & 307 303 & 307 -- WQ STANDARDSWQ STANDARDSStates:

• Must establish water quality standards based on designated uses

• Assess waters and report any not meeting WQ standards (i.e., “impaired waters)

• Must establish an Anti-degradation Policy, to prevent degradation of waters that already meet standards

EPA:

• EPA sets Water Quality Criteria for list of toxic pollutants (“Priority Pollutants”)

Water Quality StandardsWater Quality StandardsWater Quality Standards

• Application to wastewater discharges» Effluent limitations

• Application to “waters of the nation”» Water quality criteria (standards)

§402 - NPDES PERMITS§§402 402 -- NPDES PERMITSNPDES PERMITS• Permits are required for any discharge of pollutants to

“waters of the US” or “waters of the State”» Navigable waters (waters of the US)» Other rivers and lakes» Wetlands» Groundwater

• No “de minimis” discharges

• US EPA can delegate administration of permit program to states

NPDES PERMITSNPDES PERMITSNPDES PERMITS• Point source discharge permits generally

include:– Monitoring requirements

– Reporting requirements

– Effluent limitations

– Pollution control equipment/practices

• Permits can be– Individual

– General

NPDES PermitsNPDES PermitsNPDES PermitsWritten to assure compliance with• Categorical Effluent Limits• State Water Quality Standards• Prohibited Discharges• Antidegradation Requirements

Application of CWA to Stormwater

Application of CWA to Application of CWA to StormwaterStormwater


• 1972 – Passage of “Clean Water Act”


• 1972 – Passage of “Clean Water Act”• Late ’70s – Nationwide Urban Runoff

Program (NURP)

NURP

NURP ProgramNURP ProgramNURP Program• The Nationwide Urban Runoff Program (NURP)

was conducted by EPA and many cooperating agencies

• NURP was established in 1978 as a 5-year program that examined:

• quality characteristics of urban runoff and similarities or differences at different urban locations

• the extent to which urban runoff is a significant contributor to water quality problems across the nation

• performance characteristics and the overall effectiveness and utility of management practices for the control of pollutant loads from urban runoff

NURP ConclusionsNURP ConclusionsNURP Conclusions• Heavy metals (especially copper, lead and zinc) are by far the

most prevalent priority pollutant constituents found in urban runoff

• Coliform bacteria are present at high levels in urban runoff.• Nutrients are generally present in urban runoff, but

concentrations do not appear to be high in comparison with other possible discharges.

• Oxygen demanding substances are present in urban runoff at concentrations approximating those in secondary treatment plant discharges.

• The physical aspects of urban runoff, e.g. erosion and scour, can be a significant cause of habitat disruption and can affect the type of fishery present.



Program (NURP)• 1987 – Clean Water Act Amendments



Program (NURP)• 1987 – Clean Water Act Amendments• About 1990 – Phase 1 stormwater

program - first stormwater permits

Phase I Stormwater ProgramPhase I Stormwater ProgramPhase I Stormwater Program• Required stormwater discharge permits for three

categories of dischargers:– Municipalities greater than 100,000 population– Construction sites greater than 10 acres– Industrial sites within specified SIC codes

• EPA generated permits for States to use, or delegated States could write their own

• General permits were used for construction and industrial sites, and individual permits were used for municipalities


• 1972 – Passage of “Clean Water Act”• Late ’70s – National Urban Runoff

Program (NURP)• 1987 – Clean Water Act Amendments• About 1990 – Phase 1• 2000 – Phase 2 Stormwater program

Phase 2 StormwaterPhase 2 StormwaterPhase 2 Stormwater

• Reduced thresholds for municipal and construction permits:

– Municipalities 100,000 population to 10,000– Construction sites 10 acres to 1 acre

• No change to industrial SIC codes, but adopted “no exposure” exemption

• Now nearly all permitees use general permits


• 2006 to 2008 – EPA draft Multisector General Permit

EPA 2008 MSGPEPA 2008 MSGPEPA 2008 MSGP

• Single general permit divided into 29 industrial sectors

• Requirements that apply to all permitted facilities

• Added requirements that apply to individual sectors

• Stormwater benchmarks• Mandatory corrective action

Industrial Stormwater Permitting in Minnesota Industrial Stormwater Industrial Stormwater

Permitting in MinnesotaPermitting in Minnesota• Initial permit issued in 1991• Reissued in 1997 with minimal revision• Expired in 2002, and administratively

continued until 2010• Current permit issued in April 2010

• Format generally consistent with 2008 EPA MSGP

Overview of MPCA Permit Requirements

Overview of MPCA Permit Overview of MPCA Permit RequirementsRequirements

MPCA Industrial Stormwater Permit

MPCA Industrial Stormwater MPCA Industrial Stormwater PermitPermit

Part I - AUTHORIZATION UNDER THIS PERMITPart II. APPLICATION REQUIREMENTSPart III. STORMWATER CONTROL MEASURESPart IV. STORMWATER POLLUTION PREVENTION

PLAN (SWPPP)Part V. BENCHMARK MONITORING REQUIREMENTSPart VI. EFFLUENT MONITORING REQUIREMENTSPart VII. SECTOR-SPECIFIC REQUIREMENTS

Appendix A. SPECIAL REQUIREMENTS

Conditional No Exposure Exemption

Conditional No Exposure Conditional No Exposure ExemptionExemption

• If met and certification submitted to agency, no permit coverage is required,

• “All-or-Nothing” requirement; entire site must meet requirements

• To qualify for No Exposure in Minnesota, all significant industrial materials and activities must be protected from rain, snow, snowmelt, and run-off through the use of a storm resistant shelter.



• Industrial materials and activities » material or equipment handling; » machinery; » raw materials; » by-products; » intermediate or final products; and » waste products.

• Handling activities » storage, loading and unloading, » transportation of raw material, intermediate or final product, by-product, and

waste product. • Industrial materials and activities not requiring a storm resistant

shelter» drums, barrels, tanks, and similar containers that are sealed, free from

deterioration, and not leaking; » above ground storage tanks with secondary containment; » adequately maintained vehicles, which are not leaking contaminants; » lidded dumpsters that are completely covered and without holes; and » final products built and/or intended for outdoor use.



Storm resistant shelter: • Completely roofed and walled building or

structure; • Structures with only a top cover but no side

coverings, provided materials underneath are not in contact with stormwater;

• Temporary shelter may be used for a short period until permanent enclosure can be achieved.

No ExposureNo ExposureNo Exposure




Part I – Authorized DischargesPart I Part I –– Authorized DischargesAuthorized Discharges

Permittees are authorized to discharge:1. Stormwater discharges associated with

industrial activity, and2. Authorized Non-Stormwater Discharges

Part I – Authorized DischargesPart I Part I –– Authorized DischargesAuthorized DischargesPermittees are not authorized to discharge:• Non-contact cooling water.• Domestic and industrial wastewater and process wastewater.• Biosolids.• Spills of any substance that may cause water pollution • Placement of fill into waters of the state requiring local, state, or

federal authorizations • Commercial equipment/vehicle cleaning• Other.

“Piping and drainage systems for process wastewater and floor drains from process areas must be separated from the storm drainage system to prevent any inadvertent discharge of pollutants.”

Part II – Application Requirements

Part II Part II –– Application Application RequirementsRequirements

• Must submit application (NOI) at least 30 days prior to start of discharge

• Prior to application, a SWPPP meeting requirements of Part IV must be completed

• Must keep all records for at least three (3) years

Part III – Stormwater Control Measures

Part III Part III –– Stormwater Control Stormwater Control MeasuresMeasures

• Apply to all facilities, regardless of size or sector

• Must design and implement BMPs for each stormwater control measure

• SWPPP must describe type and objective of the BMP used, and describe how the BMP is evaluated to determine proper function.

• Must implement all nonstructural BMPs immediately

• Must implement all structural BMPs within 12 months after receiving permit.

Control MeasuresControl MeasuresControl MeasuresA. Good Housekeeping B. Eliminating and Reducing Exposure C. Salt StorageD. Erosion Prevention and Sediment Control E. Management of Runoff F. Facility Inspection Requirements G. Maintenance Requirements H. Elimination of Unauthorized Non-Stormwater DischargesI. Spill Prevention and Response ProcedureJ. Mercury Minimization PlanK. Employee Training Program

A. Good HousekeepingA. Good HousekeepingA. Good Housekeeping“Exposed areas that may contribute

pollutants to stormwater shall be kept sufficiently clean to reduce or eliminate contaminated stormwater runoff.”

“Typical problem areas include, but are not limited to, trash containers, storage areas, loading docks and vehicle fueling and maintenance areas.”

B. Eliminating and Reducing Exposure

B. Eliminating and Reducing B. Eliminating and Reducing ExposureExposure

“Materials management practices shall be evaluated to determine if and how inventories of exposed materials can be reduced or eliminated.”

“Permittee shall, to the extent prudent and feasible, locate industrial activities and significant materials in areas not exposed to rain, snow, snowmelt or runoff.

Eliminating/Reducing ExposureEliminating/Reducing ExposureEliminating/Reducing Exposure

Eliminating/Reducing ExposureEliminating/Reducing ExposureEliminating/Reducing Exposure

C. Salt StorageC. Salt StorageC. Salt Storage

“Permittee shall enclose or cover storage piles of salt or piles containing salt used for deicing or other commercial or industrial purposes to prevent exposure to precipitation.”

D. Erosion Prevention and Sediment Control

D. Erosion Prevention and D. Erosion Prevention and Sediment ControlSediment Control

“Permittee shall identify areas at the facility that, due to topography, land disturbance or other factors, have potential for soil erosion.”

“In those areas, the Permittee shall implement structural, vegetative, and/or stabilization BMPs to prevent or control on-site erosion and reduce sediment loads in stormwater discharges.”

E. Management of RunoffE. Management of RunoffE. Management of Runoff“SWPPP shall describe all permanent stormwater

BMPs implemented at the facility to manage runoff, including, but not limited to,

• Structural BMPs used to divert stormwater runoff away from fueling, manufacturing, treatment, storage, and disposal areas, and

• Structural BMPs that treat, infiltrate, reuse, contain, or otherwise reduce pollutants in stormwater discharges.”

RestrictionsRestrictionsRestrictions• Stormwater ponds and infiltration devices,

located in areas where contaminants exist in the soil or groundwater

• Stormwater ponds and infiltration devices, located in karst areas

• Stormwater ponds and infiltration devices, located in wellhead protection zones

• Prohibit use of ponds or infiltration devices for spill containment

F. Facility Inspection Requirements

F. Facility Inspection F. Facility Inspection RequirementsRequirements

“Permittee shall develop and implement an inspection schedule that includes:

• minimum of one (1) facility inspection per calendar month

• minimum of one (1) inspection per calendar year shall be conducted during a runoff event.”

• Modified in sector requirements• 2 monthly inspections must occur during runoff events, with at least

one being performed during snow melt.

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

InspectionsInspectionsInspectionsAll facility inspections shall include the following;• An evaluation of the facility to determine that the SWPPP

accurately reflects site conditions • Inspect all industrial areas • An evaluation of all structural and non-structural BMPs to

determine effectiveness and proper function.• An evaluation of the facility to determine whether new

exposed significant materials or activities have been added to the site since completion of the SWPPP.

• During an inspection conducted during a runoff event, an evaluation of the stormwater runoff to determine if it is discolored or if other contaminants are visible in the runoff.

Inspection DocumentationInspection DocumentationInspection Documentation

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

• Inspection date, time, and weather conditions.• Inspector name.• Inspection findings.• A description of any necessary corrective actions

and a schedule for corrective action completion.

G. Maintenance RequirementsG. Maintenance RequirementsG. Maintenance Requirements

Two elements of Maintenance :

1. Stormwater BMP Maintenance2. Equipment Preventive Maintenance

Stormwater BMP MaintenanceStormwater BMP MaintenanceStormwater BMP MaintenancePermittee shall maintain all stormwater BMPs identified in the SWPPP

to ensure BMP effectiveness.

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

• If the Permittee identifies BMPs that are not functioning properly: – Must replace, maintain, or repair the BMPs within 7 calendar days of

discovery. – If repair cannot be completed within 7 days, site must implement

effective backup BMPs until effectiveness of the original BMPs can be restored.

• Record dates of all maintenance and repairs and store records with the SWPPP.

Equipment Preventive Maintenance

Equipment Preventive Equipment Preventive MaintenanceMaintenance

The Permittee shall develop and implement a preventive maintenance program to be stored with the SWPPP.

• Requires regular inspection, maintenance, and repair of industrial equipment and systems to identify conditions that could cause breakdowns or failures that may result in leaks, spills, and other releases (e.g. hydraulic leaks, torn bag- house filters, etc), and the discharge of pollutants to stormwater.

H. Elimination of Unauthorized Non-Stormwater Discharges

H. Elimination of Unauthorized H. Elimination of Unauthorized NonNon--Stormwater DischargesStormwater Discharges

“Permittee shall document that all non- stormwater discharges have been evaluated and all discharges not authorized by this permit or a separate NPDES/SDS permit have been eliminated.”

Types of DischargesTypes of DischargesTypes of Discharges

• Stormwater• Authorized Non-Stormwater Discharges• All Other Discharges

Authorized Non-Stormwater Discharges

Authorized NonAuthorized Non--Stormwater Stormwater DischargesDischarges

• Emergency fire-fighting activities.• Fire hydrant and fire suppression system flushings.• Potable water line flushings.• Uncontaminated condensate from air conditioners, coolers, and other compressors

and from the outside storage of refrigerated gases or liquids.• Landscape watering provided all pesticides, herbicides, and fertilizers have been

applied in accordance with manufacturer’s instructions.• Pavement wash waters where no detergents are used and no spills or leaks of

potential pollutants • Routine external building washdown that does not use detergents, solvents, or

degreasers.• Uncontaminated groundwater or spring water.• Foundation or footing drains where flows are not contaminated.• Incidental windblown mist from cooling towers that collects on rooftops or adjacent

portions of the facility,• Discharges from facilities operating under SIC codes 1442 and 1446, from

dewatering operations composed entirely of stormwater or uncontaminated groundwater seepage.

Unauthorized Non-Stormwater Discharges

UnauthorizedUnauthorized NonNon--Stormwater Stormwater DischargesDischarges

Typical Non-stormwater DischargesTypical NonTypical Non--stormwater Dischargesstormwater Discharges







I. Spill Prevention and Response Requirements

I. Spill Prevention and Response I. Spill Prevention and Response RequirementsRequirements

“Permittee shall develop and implement a spill prevention and response procedure that includes:

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

• Monitoring locations and surface waters that may be affected by spills, leaks, or discharges from emergency firefighting activities

• Material handling procedures, storage requirements, and cleanup equipment/materials and procedures necessary to recover as rapidly and thoroughly as possible spills or leaks; all methods and procedures must be made available to appropriate facility personnel.

• Contact information for individuals and emergency and regulatory agencies that must be notified in the event of a spill.”

“Permittee shall report and document spills or leaks (as defined in Minn. Stat. § 115.061) that occur in exposed areas, or that drain to a monitoring location.”

Existing Spill PlansExisting Spill PlansExisting Spill Plans

• SPCC Plan• Applies to regulated oils only; does not need to

address other liquids or solids

• Minnesota Spill Bill Requirements• Limited applicability

• Emergency Response Plan• RCRA Contingency Plan

Reportable SpillsReportable SpillsReportable Spills115.061 DUTY TO NOTIFY AND AVOID WATER POLLUTION.

(a) Except as provided in paragraph (b), it is the duty of every person to notify the agency immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of waters of the state, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or material and take immediately such other action as may be reasonably possible to minimize or abate pollution of waters of the state caused thereby.

(b) Notification is not required under paragraph (a) for a discharge of five gallons or less of petroleum***

***Any amount of oil that reaches Waters of the State is reportable

Other Spill Reporting RulesOther Spill Reporting RulesOther Spill Reporting RulesReportable Quantities (RQ)

• CERCLA• EPCRA

Any discharge of hazardous substances or oil that enters Waters of US

Any discharge of hazardous substances or oil that enters sanitary sewer

J. Mercury Minimization PlanJ. Mercury Minimization PlanJ. Mercury Minimization Plan“Permittee shall evaluate the facility to determine if

any sources containing mercury are exposed to stormwater.

Any time mercury sources or devices are found to be exposed to stormwater, a Mercury Minimization Plan shall be developed that describes how mercury sources will be managed at the site to eliminate exposure to precipitation and stormwater runoff.”

Part IV. SWPPPPart IV. SWPPPPart IV. SWPPPGeneral Requirements

• Identify the individual(s) responsible for managing, implementing, maintaining, modifying, and ensuring compliance with the facility’s SWPPP.

• Incorporate any mobile industrial activities conducted away from the permitted facility.

• List all personnel trained to conduct facility inspections.• Records of all inspections.• All records pertaining to maintenance.• Documentation of elimination of unauthorized non-stormwater

discharges.• Documentation of Spill Prevention and Response Requirements• Mercury Minimization Plan, if applicable• Information regarding the Employee Training Program.

Part IV. SWPPPPart IV. SWPPPPart IV. SWPPPSpecific Requirements

• Structural and Non-structural BMPs• Facility Description• Facility Maps, including

• Detailed facility maps, drainage maps• Impaired waters within 1 mile• “Special waters” (see Appendix A) within 1 mile

• Facility Assessment of Activities and Materials• Assessment of Materials and Associated

Pollutants

Reviewing Your SWPPPReviewing Your SWPPPReviewing Your SWPPP

• Must document review once each year• Not required, but consider reviewing

SWPPP in advance of completing Annual Report

Must Revise SWPPP If:Must Revise SWPPP If:Must Revise SWPPP If:• There is construction or a change in design, operation,

or maintenance at the facility that affects stormwater management or compliance with permit.

• Permittee has identified a new impaired water within 1 mile.

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

• Additional stormwater control measures and BMPs are necessary to meet applicable water quality standards or to address exceedances of benchmark values, or

• There is an unauthorized discharge from the facility.

Annual ReportAnnual ReportAnnual Report• Due by March 31st

• Contents– A summary of inspections and any BMP maintenance– Confirmation that SWPPP accurately reflects facility conditions.– Confirmation that newly-exposed significant materials (if any)

have been identified and that the SWPPP has been modified to address them.

– Confirmation that the Permittee has conducted a review of impaired waters

– Confirmation that the Permittee has conducted a review of USEPA approved TMDLs that may apply to the facility

– Description of any SWPPP modification – A list of all reportable spills and leaks– Summary of all mobile industrial activities conducted by the

facility.

Sector Specific RequirementsSector Specific RequirementsSector Specific Requirements• 29 Sectors• Applies to primary sector, plus all co-located

sectors• Modify or add to requirements

» Employee Training Requirements» Erosion and Sedimentation Controls» Good Housekeeping» Inspections» Preventive Maintenance» Spills and Leaks» Management of Runoff» Other Industry Specific Control Measures» SWPPP Requirements» Monitoring and Reporting Requirements» Use of Infiltration Devices and/or Stormwater Ponds

Sector Specific RequirementsSector Specific RequirementsSector Specific RequirementsFood Products Sector (Sector U)• Employee Training

• Training must include used oil and spent solvent management; segregation of organic materials, raw materials, and products from contact with stormwater and precipitation, and pest control

• Inspections• Conduct inspections of waste management units, vents and stacks, spoiled

product and broken product container holding areas, animal holding pens, staging areas, and air pollution control equipment.

• Conduct 2 monthly inspections during runoff events, 1 during a snow melt runoff event. Inspect runoff for visible sheens or films.

• SWPPP• Include map of vents and stacks from cooking, drying, and similar

operations, dry product vacuum transfer lines, animal holding pens, spoiled product and broken product container storage areas.

• Describe processing-related industrial activities and application and storage of pest control chemicals used on plant grounds.

• Infiltration & Ponds• Use infiltration devices or stormwater ponds allowed

Part V. Benchmark MonitoringPart V. Benchmark MonitoringPart V. Benchmark Monitoring

• Begins 12 months after permit coverage • All facilities conduct monitoring• Quarterly monitoring during first monitoring

year• Must submit Discharge Monitoring Report

(DMR) to MPCA each quarter• Continued monitoring based on results

compared to applicable benchmarks

Benchmark MonitoringBenchmark MonitoringBenchmark Monitoring

• Chemical parameters vary between sectors, ranging from 1 to 10+

• All outfalls (“benchmark monitoring locations”) that contain industrial activities their drainage area are monitored (with limited exceptions)

• Collect samples at each location within first 30 minutes of runoff event

Benchmark MonitoringBenchmark MonitoringBenchmark Monitoring• Benchmark Monitoring Location

– Within the boundary of the facility– Downstream the most down-gradient BMP from the source of

industrial activity or significant materials,– Prior to discharging from the facility’s operational control.– Minimizes or eliminates sampling of stormwater from off-site

sources (run-on).– Yields a sample that best represents the contribution of

pollutants site is required to monitor for • If multiple drainage areas are substantially similar

(activities, exposure, BMPs), facility may choose one benchmark monitoring location that is most representative.

Potential Benchmark Monitoring LocationPotential Benchmark Monitoring LocationPotential Benchmark Monitoring Location






Benchmark MonitoringBenchmark MonitoringBenchmark Monitoring• Submit quarterly report of results to MPCA• If benchmark concentrations are exceeded

for any one sampling, site must review SWPPP and make necessary changes,

• At end of year, results are summarized and averaged to determine if additional Benchmark Monitoring is required.

Benchmark Monitoring SchemeBenchmark Monitoring SchemeBenchmark Monitoring Scheme

Year 2:

Monitor four times(quarterly)

Benchmarksexceeded

Benchmarksmet

No Further Monitoring Required

Submit Benchmark Exceedance ReportReport

To MPCA

Year 4:

Monitor 4x

Year 3:

Take Corrective

Action

Year 5:

Monitor 4x

Benchmarksexceeded

Benchmarksmet

Benchmarksexceeded

Meeting BenchmarksMeeting BenchmarksMeeting BenchmarksParameter Food Sector U Mean

(EPA 1995) MPCA

BenchmarkTSS 397 mg/L (meat products)

147 mg/L (prepared foods)324 mg/L (grain mills)

65 mg/L(If located near special waters)

100 mg/L

BOD 48.7 mg/L (prepared foods) 25 mg/LCOD 214.7 mg/L (dairy products) 120 mg/LPhosphorus 20.47 (meat products) 1 mg/L

Meeting BenchmarksMeeting BenchmarksMeeting BenchmarksParameter Transport Sector P Mean

(EPA 1995) MPCA

BenchmarkTSS 466 mg/L 65 mg/L

(If located near special waters)

100 mg/L

Part VI. Effluent MonitoringPart VI. Effluent MonitoringPart VI. Effluent Monitoring

• Applies to only certain types of facilities• Effluent monitoring continues throughout

permit cycle• May require sampling at different location

than Benchmark Monitoring Location

Corrective ActionCorrective ActionCorrective ActionNeed for corrective action documented during

monthly inspections• A description of any necessary corrective actions and a

schedule for corrective action completionNeed for corrective action identified during

scheduled BMP preventive maintenance inspections

• Must replace, maintain, or repair BMPs not functioning properly, within 7 days

Need for corrective action identified during scheduled equipment preventive maintenance inspections

• Format and schedule not specified in permit

Corrective ActionCorrective ActionCorrective Action• Exceedance of Benchmarks

• Modify SWPPP and implement new BMPs within 36 months after permit coverage begins (Year 3)

• Exceedance of Benchmarks AND discharges to impaired water or “special waters”

• Modify SWPPP within 30 days• Implement non-structural BMPs with 60 days• Implement structural BMPs within 180 days

Questions?Questions?Questions?

Applying Requirements To Individual Facilities

Applying Requirements To Applying Requirements To Individual FacilitiesIndividual Facilities

• Impaired waters/TMDLs• Special waters• Nondegradation/Antidegradation

requirements• Wetlands• Industrial sites with potential soil/

groundwater contaminants• Local and regional requirements

Additional Requirements Based On Location

Additional Requirements Based Additional Requirements Based On LocationOn Location

• Proximity to “impaired waters”• Proximity to “special waters”

Impaired WatersImpaired WatersImpaired Waters

• Water bodies that do not currently meet the State Water Quality Standard(s)

• 2012 Impaired Waters List included 3,638 waterbodies in Minnesota (3,050 in 2010)

• MPCA estimates about 40% of waterbodies in State are impaired

• About 70% of impaired waters require a TMDL

Impaired WatersImpaired WatersImpaired Waters

Stormwater in TMDLStormwater in TMDLStormwater in TMDL• TMDL study could determine that stormwater

discharges do not significantly contribute to impairment – no action required

• TMDL could identity stormwater discharge as significant and require additional BMPs for permitted discharges under general permit

• TMDL could determine stormwater discharge is not adequately controlled under general permit and require dischargers to apply for individual permits

So what’s the big deal…So whatSo what’’s the big deals the big deal……For water bodies that do not currently meet their

WQ standards, and for which a TMDL has not been completed…

• No NPDES permits can be issued for NEW or EXPANDED discharges

» “Cause or contribute to” impairment

How General Permit Addresses Impaired Waters

How General Permit How General Permit Addresses Impaired WatersAddresses Impaired Waters

• Assume that facilities that are in compliance with permit do not “cause or contribute to” impairment

• If TMDL has been completed AND addresses industrial stormwater discharge, coverage under general permit is not allowed

– Zero industrial discharge allotted– Different or additional BMPs required

Requirements for Discharges To Impaired Waters

Requirements for Discharges Requirements for Discharges To Impaired WatersTo Impaired Waters

• Identify impaired waters located within 1 mile downstream of any monitoring location

• Identify nature of impairment• Review impaired waters/TMDL list

annually

Additional Monitoring For Impaired Waters

Additional Monitoring For Additional Monitoring For Impaired WatersImpaired Waters

• If a newly listed impaired water is identified within 1 mile, then benchmark monitoring must include parameter impaired (or listed surrogate parameter)

• If all benchmarks have been met, monitoring is only for impairment

Special WatersSpecial WatersSpecial Waters

• Water bodies or types of water bodies listed in permit

• Additional requirements apply to discharges located with 1 mile of listed special waters

Appendix A - Special WatersAppendix A Appendix A -- Special WatersSpecial Waters• Outstanding Value Resource (OVR) water body • Lake Superior• Upper Mississippi River (~ north of Little Falls)• DNR designated Lake Trout lakes• DNR designated trout lakes and streams• Calcarous fen• Federal or state designated scenic or

recreational river segments (includes portions of Cannon, Crow, Kettle, Rum, Minnesota, Mississippi, St. Croix)

• Wetlands

Requirements for “Special Waters”

Requirements for Requirements for ““Special Special WatersWaters””

• TSS Benchmark of 65 mg/L applies (except for wetlands)

• Implementation of industrial stormwater volume reduction and/or pollutant concentration reduction BMPs, designed to restrict industrial stormwater discharges to the designated water.

• SWPPP must include necessary calculations to demonstrate the effectiveness of the selected BMPs in reducing volume and/or pollutant concentrations.

• A narrative discussion describing how the facility will ensure the BMPs used will be monitored and maintained, long term, to ensure the facility will sustain restricted industrial stormwater discharges.

Requirements for “Trout Waters”

Requirements for Requirements for ““Trout Trout WatersWaters””

• For sites discharging to trout streams or lakes, design and implement BMPs specifically for water quality protection of trout streams and trout lakes from:

• excess turbidity, • TSS, • phosphorus and • temperature increases.

What Are Wetlands?What Are Wetlands?What Are Wetlands?• “Wetlands” are those areas that are inundated or

saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

• Constructed wetlands designed for wastewater treatment are not waters of the state.

Requirements For Discharges To Wetlands

Requirements For Discharges Requirements For Discharges To WetlandsTo Wetlands

• Discharges to wetlands as defined in Minn. R. 7050.0186, subp. 1a(B). Must comply with entire permit, plus Appendix A

• Appendix A: Industrial facilities that have a discharge that flows to, and is within 1 mile of a Wetland as defined in Minn. R. 7050.0186, subp 1a.B. must comply with Appendix A - F.4.

Appendix A - F.4Appendix A Appendix A -- F.4F.4

• F.4. The Permittee shall comply with the requirements of Minn. R. 7050.0186, WETLAND STANDARDS AND MITIGATION.

• “Wetland conditions shall be protected from chemical, physical, biological, or radiological changes to prevent significant adverse impacts to the designated beneficial uses”

Restrictions On Use Of Wetlands

Restrictions On Use Of Restrictions On Use Of WetlandsWetlands

• Natural wetlands (including types 1-8) are not industrial stormwater ponds, parts of ponds or pond systems, and cannot be used as BMPs for stormwater treatment unless mitigated in accordance with applicable state rules.

• Wetlands cannot be used as infiltration devices, unless mitigated in accordance with applicable state rules.

Determining Requirements Based On Location

Determining Requirements Determining Requirements Based On LocationBased On Location

Regulations Effecting Infiltration of Stormwater

Regulations Effecting Infiltration Regulations Effecting Infiltration of Stormwaterof Stormwater

• Stormwater permit restrictions» For certain land uses, use of infiltration is prohibited

• Class V Injection Well rules» Passive injection of wastes

• Wellhead Protection rules» Sensitive areas and regions

• All projects must consider site limitations» Reduced infiltration rates overtime» Low infiltration rates of native soils» Depth to water table

AntidegradationAntidegradationAntidegradation

• 1972 Clean Water Act required States to develop and implement an antidegradation policy

• Sets thresholds beyond which additional evaluations of potential water quality impacts are required to obtain a permit

• Sets additional control requirements

Minnesota NondegradationMinnesota NondegradationMinnesota Nondegradation

• Addressed Outstanding Value Resources in 1984

• Addressed all waters in 1988• Currently undertaking a major revision to

Rule» Final rule expected in 2013

• Major issue is how rule will apply to stormwater discharges

Minnesota NondegradationMinnesota NondegradationMinnesota Nondegradation• Current rules designed for address New & Expanded

wastewater discharges• "New discharge" means a discharge that was not in

existence before January 1, 1988• "Expanded discharge" means a discharge that changes

in volume, quality, location, such that an increased loading of one or more pollutants

• "Significant discharge" means:• a new discharge of sewage, industrial, or other wastes greater than

200,000 gallons per day,• an expanded discharge of sewage, industrial, or other wastes that

expands by more than 200,000 gallons per day, or• a new or expanded discharge containing any toxic pollutant at a

mass loading rate likely to increase the concentration of the toxicant in the receiving water by greater than 1% over the baseline

Proposed Nondegradation Rule

Proposed Nondegradation Proposed Nondegradation RuleRule

• For new the new, reissued, or modified stormwater permits, agency will conduct nondegradation review

• Conduct an analysis of prudent and feasible alternatives that avoid and minimize net increases in loading or other causes of degradation

• Least degrading prudent and feasible alternatives shall be identified

Proposed Nondegradation Rule

Proposed Nondegradation Proposed Nondegradation RuleRule

• When prudent and feasible alternatives are not available to avoid net increases in loading or other causes of degradation, the agency must:

• Provide justification for why lowering high water quality are necessary to accommodate important economic or social development; and

• May not cause the removal of existing or beneficial uses or degrade water quality of outstanding resource value waters.

Sites with potential soil/ groundwater contaminants

Sites with potential soil/ Sites with potential soil/ groundwater contaminantsgroundwater contaminants

• Industrial stormwater ponds and infiltration devices located in areas where high levels of contaminants exist in the soil or in the shallow aquifer, must not contribute to contaminant(s) spreading to a greater extent or rate.

• A site analysis must be conducted by a qualified professional and a report filed with the SWPPP

If Ponds Contribute To Contamination

If Ponds Contribute To If Ponds Contribute To ContaminationContamination

• Permittee must submit a plan to the MPCA to reduce contaminants, redesign, relocate, or eliminate industrial stormwater ponds and infiltration devices, as needed, to eliminate the contribution to contaminant problems.

• If acceptable plan cannot be reached, site must apply for an individual NPDES/SDS permit.

Local Stormwater RequirementsLocal Stormwater RequirementsLocal Stormwater Requirements

• City, County, Watershed District Rules• Can be “pass though” of requirements in

permits issued to municipality• Often involve requirements to mitigate

flooding, rate control or nuisance conditions


Generic requirements - example

Sec. 21-9. Protection of public drainage systems.

It is unlawful to introduce any foreign matter (including, but not limited to, trash, leaves, grass clippings, debris, garbage, fill, construction materials, organic or inorganic pollutants, acids, and petroleum products), whether by action or inaction, to any public drainage system including but not limited to streets.

City of Tampa, FL


Specific requirements - example

I.K. Vehicle/Equipment Repair and Maintenance 1) Vehicle/equipment repair and maintenance shall be performed in

a designated area indoors, or if such services must be performed outdoors, in an area designed to prevent the run-on and runoff of stormwater.

2) Secondary containment shall be provided for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid, acid-containing batteries or other hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas.

City of Fremont, CA

Example – Rice Creek Watershed District

Example Example –– Rice Creek Watershed Rice Creek Watershed DistrictDistrict

• Activity creating impervious surface shall address the use of Better Site Design (BSD) techniques in Chapter 4, “Minnesota Stormwater Manual“

• Water quality and infiltration BMPs must be sized to infiltrate and/or retain the runoff volume generated by a two-year (2.8-inch) storm under the developed condition.

• Site with soils classified as A or B must meet this standard through infiltration for at least that part of the site where A or B soil is present.

• Where infiltration is not feasible, filtration is preferred. • Site with C or D soils, the stormwater management plan shall focus

on incorporation of water quality BMPs. The order of preference for BMP’s is biofiltration, filtration, wetland treatment system, extended detention basin, NURP ponding.

Questions?Questions?Questions?

Follow Up QuestionsFollow Up QuestionsFollow Up Questions

Loren [email protected]

Caltha LLPMinneapolis, Minnesota

(763) 208-6430

mailto:[email protected]

http://www.calthacompany.com/

Engineering

Compliance With MPCA Industrial Stormwater Permit Requirements