HomeMy WebLinkAbout04 Montana General Permit for Stormwater Discharges Associated with Small Municipal Separate Storm Sewer Systems (MTR040000)GENERAL PERMIT
FOR
STORM WATER DISCHARGES ASSOCIATED WITH SMALL
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
PERMIT NUMBER MTR040000
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
AUTHORIZATION TO DISCHARGE UNDER
THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM (MPDES)
In compliance with Section 75-5-101 et seq., Montana Code Annotated (MCA); Administrative
Rules of Montana (ARM) 17.30.1101; 17.30.1301 et seq.; and ARM 17.30.601 et seq., applicants
with an authorization letter issued under this General Permit for Storm Water Discharges
Associated with Small Municipal Separate Storm Sewer Systems (Small MS4s) are permitted to
discharge storm water resulting only from Small MS4s in accordance with effluent limitations,
monitoring requirements, and other conditions set forth herein.
This Permit shall become effective January 1, 2017.
This Permit and the authorization to discharge shall expire at midnight, December 31, 2021.
Issuance Date: Mw·e;..h~r 30, 20)&,
FOR THE MONTANA DEPARTMENT
OF ENVIRONMENTAL QUALITY
ing, Chief
Water Protection Bureau
Contents
Permit No.: MTR040000
Page 2 of63
Part I. Permit Coverage ........................................................................................................... 3
Part II. Storm Water Management Program ............................................................................. 9
Part III. Special Conditions ...................................................................................................... 40
Part IV. Monitoring, Recording and Reporting Requirements ................................................ 42
Part V. Compliance Responsibilities ...................................................................................... 49
Part VI. General Requirements ................................................................................................ 51
Part VII. Definitions .................................................................................................................. 55
Appendix A: TMDLs with MS4 Approved WLAs ..................................................................... 58
Part I. Permit Coverage
Discharges Authorized
Permit No.: MTR040000
Page 3 of63
Montana Pollutant Discharge Elimination System (MPDES) General Permit MTR040000 is a
fourth-generation General Permit for storm water discharges associated with Small Municipal
Separate Storm Sewer Systems (MS4s). Pursuant to 75-5-402, MCA and requirements found in
ARM, Title 17, Chapter 30, Subchapters 11, 12, and 13, the Department of Environmental
Quality (the Department or DEQ) regulates storm water discharges from Small MS4s. To
elaborate, ARM l 7.30.l 105(1)(d) requires MPDES permit coverage for Small MS4s that are
identified in ARM 17.30.1102(23) or designated pursuant to ARM 17.30.1107. Regulated Small
MS4s are required to apply for, and obtain, authorization for the discharge of storm water into
state waters per requirements of this General Permit.
Ineligibility for Coverage
This 2017 General Permit does not authorize, or supersede permitting requirements for "storm
water discharge associated with industrial activity" as defined in ARM 17.30.1102(29), "storm
water discharge associated with construction activity" as defined in ARM 17.30.1102(28), or
storm water discharges required or covered under another MPDES permit. The 2017 General
Permit does not relieve the permittee from any other statute, regulation, permits, or other
regulatory requirements for activities occurring within their area and not associated with
permitted storm water discharges with Small Municipal Separate Storm Sewer Systems.
Applicants
The Department may determine that a small MS4 applying for coverage does not qualify for
authorization under the renewed 2017 General Permit for Storm Water Discharges associated
with Small MS4s, citing that the specific source applying for authorization appears unable to
comply with the one or more of the following requirements:
• effluent standards, effluent limitations, standards of performance for new sources of
pollutants, toxic effluent standards and prohibitions, and pretreatment standards;
• water quality standards established pursuant to 75-5-301, MCA;
• prohibition of discharge of any radiological, chemical, or biological warfare agent or
high-level radioactive waste;
• prohibition of any discharges to which the regional administrator has objected in writing;
• prohibition of any discharge which is in conflict with a plan or amendment thereto
approved pursuant to section 208(b) of the Act;
• any additional requirements that the Department determines are necessary to carry out the
provisions of 75-5-101, et seq., MCA.
• The storm water discharge is different in degree or nature from discharges reasonably
expected from sources or activities within the category described in this MPDES General
Permit (including pollutants from process wastewater streams).
• The MPDES permit authorization for the same operation has previously been denied or
revoked.
• The discharge sought to be authorized under the 2017 General Permit is also included
within an application or is subject to review under the Major Facility Siting Act, 75-20-
101, et seq., MCA.
Permit No.: MTR040000
Page 4 of63
• The point source is, or will be, located in an area of unique ecological or recreational
significance. Such determination must be based upon considerations of Montana stream
classifications adopted under 75-5-301, MCA, impacts on fishery resources, local
conditions at proposed discharge sites, and designations of wilderness areas under 16
USC 1132 or of wild and scenic rivers under 16 USC 1274.
If the Department determines ineligibility for a Small MS4, the Department shall proceed, unless
the application withdrawn, to process the application through the Individual MPDES Permit
requirements. The Department will contact the applicant regarding ineligibility and request more
information and fees, as needed, for Individual MPDES Permit requirements.
Permittees
Per ARM 17.30.1341(9), the Department may require any Small MS4 authorized by the 2017
General Permit to obtain an Individual Permit instead. The Department may require a Small
MS4 to get an Individual Permit citing one or more of the following reasons:
• a water quality management plan has been approved that contains requirements
applicable to categories or subcategories of discharges or facilities covered in a general
permit;
• the Department has determined that the Small MS4 is a significant contributor to
pollution;
• a change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the Small MS4;
• the discharger is not in compliance with the conditions of the 2017 General Permit;
• circumstances have changed since the time of the request to be covered by the 2015
General Permit so that the Small MS4 is no longer appropriately controlled under the
2017 General Permit;
• effluent limitations guidelines have been promulgated for facilities covered under the
201 7 General Permit; or
• a change in any condition that requires either a temporary or permanent reduction or
elimination of the discharge authorized under the 2017 General Permit has occurred.
Public Notice
Prior to issuing a General Permit, the Department shall provide a public notice in accordance
with the requirements of ARM 17.30.1372 and shall adhere to the requirements of ARM
17.30.1373 through 17.30.1377 regarding public comments and public hearings.
Application for Coverage
Per ARM 17.30.1111, owners or operators of Small MS4s must obtain coverage under a MPDES
General Permit by completing a General Permit application or a MPDES Individual Permit by
submitting an application for an Individual Permit, and complying with the application
requirements set forth in ARM 17.30.1111(2).
In accordance with ARM 17 .30.1341 ( 4 ), a discharger who fails to submit a written application in
accordance with the terms of this General Permit shall not be authorized to discharge under the
permit. A complete and timely application to be covered in accordance with this General
Permit's requirements fulfills the requirements for permit application for purposes of ARM
Pennit No.: MTR040000
Page 5 of63
17.30.1105, 17.30.1111, 17.30.1313, 17.30.1322, and 17.30.1341. The application form, as
provided by the Department, shall be completed and submitted to:
Montana Department of Environmental Quality
Water Protection Bureau
P.O. Box 200901
Helena, Montana 59620-0901
Authorization options for coverage under the 201 7 General Permit are provided below.
New Authorizations (Not currently authorized under the 2015 General Permit)
Applicants seeking authorization under the 2017 General Permit shall submit a complete
application package at least 30 days before the anticipated date of required permit coverage. If
an applicant owns and operates Small MS4 areas throughout the state, the applicant can submit:
• application packages for each Small MS4 area separately,
• application packages for each Small MS4 area separately as a co-permittee with the
interconnected Small MS4,
• application packages for each Small MS4 area to reflect both permittee and co-permittee
statuses, as requested, or
• a single comprehensive application package to cover all Small MS4 areas in the state.
An application package includes:
• an application form, as provided by the Department,
• a storm water management program, and
• fees (renewal permit fees) as required under ARM 17.30.201.
If there are deficiencies with the application package, the Department may deny authorization
under the permit or contact the MS4 for additional information necessary to ensure the
application package meets requirements. If the request is denied, the Department may process
the request as an Individual Permit (with additional fees); the applicant may withdraw the
request; or the applicant may modify the MS4's operations to meet the conditions of the 2017
General Permit and re-apply for coverage under the 2017 General Permit.
Once determined adequate, the Department will issue an authorization letter to these MS4s
confirming coverage under the 2017 General Permit beginning January 1, 2017 [ARM
17.30.1341(4)].
Continuing Authorizations issued under the 2015 General Permit
Permitted MS4s renewing authorizations under the 2017 General Permit shall submit a complete
renewal application package at least 30 days in advance of the existing 2015 General Permit
expiration.
A renewal application package includes:
• a renewal application form, as provided by the Department,
• a storm water management program, and
• fees (renewal permit fees) as required under ARM 17.30.201.
Permit No.: MTR040000
Page 6 of63
If there are deficiencies with the renewal application package, the Department may deny
authorization under the permit or contact the MS4 for additional information necessary to ensure
the application package meets requirements. If the request is denied, the Department may
process the request as an Individual Permit (with additional fees); the applicant may withdraw
the request; or the applicant may modify the MS4's operations to meet the conditions of the 2017
General Permit and re-apply for coverage under the 2017 General Permit.
Once determined adequate, the Department will issue an authorization letter to these MS4s
confirming coverage under the 2017 General Permit beginning January 1, 2017 [ARM
17.30.1341(4)].
Co-permittees Authorizations (New or Continuing Authorizations)
When multiple Small MS4s apply for coverage under a single permit authorization number, they
shall be considered co-permittees and shall be jointly responsible for compliance under the 2017
General Permit as set forth at ARM 17.30.1111(3) and (7). Each co-permittee must submit a
separate application package to obtain authorization. Co-permittee authorizations may occur
under the 2017 General Permit as a renewal authorization with continuing coverage status from
the 2015 General Permit or a new authorization. Co-permittees will be subject to the
requirements above based on their status: new or continuing.
Other Permitting Requirements
Submittal of the application package and receipt of an authorization letter from the Department
does not eliminate a permittee's obligation to obtain other necessary permits to include MS4-
related activities that utilize the storm sewer systems as a conveyance for non-storm water
discharges to a receiving waterbody.
Permit Area of Permitted MS4s Under the 2015-Issued General Permit
Permit No.: MTR040000
Page 7 of63
This permit covers areas pursuant to ARM 17.30.1102(23) that are served by, or contribute to,
municipal separate storm sewers owned or operated by the permittee that discharges to State
waters as follows:
• Cities: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula.
For cities required to maintain coverage under this renewed permit, the geographic area
of permit coverage will include the U.S. Census designated urbanized areas in accordance
with the 2010 census for cities listed in ARM l 7.30.1102(23)(a) and the entirety of the
municipal incorporated boundary for cities listed in ARM 17.30. l 102(23)(b). For the
purposes of the 2017 General Permit, these permittees are referred to as Traditional
MS4s.
• Counties: Cascade, Missoula, and Yellowstone.
For counties required to maintain coverage under this renewed permit, the geographic
area of permit coverage will include the U.S. Census designated urbanized areas in
accordance with the 2010 census for counties listed in ARM 17.30.1102(23)(a). For the
purposes of the 2017 General Permit, these permittees are referred to as Traditional
MS4s.
• Other: Malmstrom Air Force Base, Montana State University, and University of Montana
(Missoula).
For all other permitted MS4s as identified in accordance with ARM 17.30.l 102(23)(d)
and required to maintain coverage under this renewed permit, the geographic area of
permit coverage is the portion of the permittee's jurisdiction that is within permitted
Traditional MS4s. For the purposes of the 2017 General Permit, these permittees are
referred to as Non-Traditional MS4s.
Effluent Limitations
Permit No.: MTR040000
Page 8 of63
Effective immediately upon issuance of an authorization under the 2017 General Permit and
lasting through the expiration date, the following conditions apply to all Small MS4s covered
under this General Permit. There must be no discharge of pollutants via storm water runoff to
State Waters except as provided for below.
A. Implementation of Best Management Practices (BMPs) consistent with the provisions of
the Storm Water Management Program (SWMP) and the requirements in this General
Permit shall constitute compliance with the requirement of reducing pollutants to the
maximum extent practicable (MEP). Discharges of storm water containing pollutants
associated with Small MS4s covered under this General Permit will be controlled through
the development, implementation, and enforcement of a SWMP designed to reduce the
discharge of pollutants from the permitted Small MS4 to the MEP, to protect water
quality, and to satisfy the appropriate water quality requirements of the Montana Water
Quality Act (MWQA).
B. For regulated Small MS4s which have been designated through ARM 17.30.1102(23)
and had initial authorization under the preceding January 1, 2005 to December 31, 2009
General Permit for Storm Water Discharge Associated with Small Municipal Separate
Storm Sewer System, the permittee was required to develop, implement, and enforce a
SWMP, as stated in Part II of the 2005 General Permit, no later than the December 31,
2009 expiration date. This requirement is still valid and binding under this reissued
January 1, 2017 to December 31, 2021 General Permit for Storm Water Discharge
Associated with Small Municipal Separate Storm Sewer System (MS4), although for the
new inclusions or revisions to the SWMP as stated in the reissued 2017 General Permit,
the permittee must develop, implement, and enforce those additional or revised
components as per the implementation timeframe specified.
C. For any regulated Small MS4s which have been designated through ARM
17 .3 0 .1102(23) or 17.30 .1107 or an unregulated MS4 seeking coverage that has not been
previously authorized, the permittee must develop, implement, and enforce a SWMP in
accordance with the 2017 General Permit, no later than five years from the initial date of
permit authorization.
D. If an individual MPDES permit is issued to any regulated Small MS4, coverage under the
2017 General Permit is terminated on the effective date of the final individual MPDES
permit.
No discharge of storm water containing pollutants from process wastewater streams may occur
under this General Permit.
No discharge of storm water containing pollutants from Small MS4s covered under this General
Permit may cause or contribute to a violation of water quality standards.
Part II. Storm Water Management Program
A. Requirements
Permit No.: MTR040000
Page 9 of63
The permittee must develop, document, and maintain a SWMP which includes
management practices, control techniques, systems, designs, good standard engineering
practices, and such other provisions necessary to reduce the discharge of pollutants from
the permitted Small MS4 to the MEP. This section describes required BMPs and
implementation schedules or deadlines for each BMP. DEQ requires BMPs that are
selected, designed, installed, implemented, inspected, and maintained (or replaced based
on inspections) in accordance with good engineering, hydrologic, and pollution control
practices. DEQ provides the flexibility for permittees to choose appropriate BMPs based
on their location-specific discretion to self-determine appropriate BMPs to control
pollutant sources. If applicable, retain documentation, specifications, and/or standard
operating procedures used for BMP selection.
Pursuant to ARM 17.30.1111(6), the permittee shall effectively manage a storm water
program inclusive of the six minimum control measures: Public Education and Outreach;
Public Involvement and Participation; Illicit Discharge Detection & Elimination;
Construction Site Storm Water Management; Post-Construction Site Storm Water
Management in New and Redevelopment; and Pollution Prevention/Good Housekeeping
for Permittee Operations.
The permittee shall effectively implement a coordinated storm water program inclusive
of the development of a storm water management team comprised of persons responsible
for implementation of the SWMP and the establishment of formal mechanisms for
communication and coordination between team members (e.g. meetings, email updates,
etc.) to ensure cooperation necessary to facilitate permit compliance and timely reporting.
Within 60 Days of the permit effective date and then reviewed annually, all permittees
must develop a storm water management team, including a primary SWMP coordinator,
and organizational chart which identifies the position responsible for implementing each
mm1mum measure. Any updates to this information shall be submitted with Annual
Reports.
During the entire permit term, all permittees must establish, document, and execute
formalized mechanisms for regular communication between storm water management
team members to allow for exchange of information and submittal of information
necessary for permit compliance tracking and reporting.
1.
a.
Minimum Measure Permittee Required BMP
Permit No.: MTR040000
Page 10 of63
Deadline/
Implementation
Schedule
PUBLIC EDUCATION AND OUTREACH . .·· •... · .... · .. • •. ·. ·· .. · .. . .· · .... · .. · >. . . .· > .· .. •· .. ·•··. . ··•
The permittee shall implement a storm water publfoedm~ation prograi11.to d.evelop q~ aqa,pt, distribt1te, Md. evallmte edu~ati()tial
materials and outreach activities to key tari~et audiet1cesJn the MS4 that raise awareness about. the i~pacts 9f storm \\{ater, discharges
on waterbodies, educ.ate audienpes about the behaviors and activities thathaye the p()tential to· pollute stprm water discharges, and
motivate action to change behaviors to reduce pollutants in storm water runoff. · · · ·
Determine key target audiences most I All I i. • Analyze which business types and/or
appropriate for storm water outreach. residential behaviors are common sources of
illicit discharges, spills, and dumping.
All ii.
• Develop a list, description, and rationale for
selecting these key target audiences based on
business and residential groups associated with
illegal discharges and improper disposal of
waste to the MS4.
• List the pollutants associated with each key
target audience.
• Submit with 1st Annual Report.
• Develop and advertise a storm water website
for access by key target audiences, other
interested stakeholders, and the general public.
• At a minimum, the storm water website must
include:
o a copy of this General Permit; or
o a link to the permittee's webpage
containing
• the permit,
• access to outreach materials,
• outreach event information (most
recent and current),
• storm water management program
documents and updates,
• annual reports (or an equivalent
summary or document providing an
annual overview, and the availability
End of
1st Penn it Year
End of
1st Pennit Year
Minimum Measure Permittee
•
•
b. Develop and utilize the permittee's All 1. •
website for public outreach and
involvement.
•
c. Develop a tailored outreach strategy All i. •
for each key target audience and
specific storm water polluting
behavior.
•
•
Required BMP
for the general public to request the
annual report), and
• an effective mechanism for providing
continued public input for the SWMP.
The website must also include:
0 information regarding how to identify
sources of illicit discharges;
0 procedures on how to report an illicit
discharge;
0 a summary of the permittee's requirements
for covered construction activities; and
0 how to submit construction project
complaints.
The website shall be available to the public on
the internet.
Develop outreach messages which promote
benefits of non-polluting behaviors to the key
target audience as well as benefits to storm
water discharges.
Submit with 2nd Annual Report .
Identify and, as needed, develop outreach
formats and distribution channels for messages
developed for each key target audience and
associated storm water polluting behavior.
Formats and distribution channels should be
tailored to key target audiences and can utilize
other existing formats and distribution
channels, such as existing community
newsletters.
Submit a description of formats, distribution
channels and schedule for each key target
audience in 2nd Annual Report.
Permit No.: MTR040000
Page 11 of 63
Deadline/
Implementation
Schedule
End of
2nd Permit Year
End of
2nd Permit Year
2.
a.
Minimum Measure Permittee Required BMP
All ii. • Distribute outreach materials to target
audiences
• Describe distribution in Annual Reports .
Minimum Measure Permittee Required BMP
Permit No.: MTR040000
Page 12 of63
Deadline/
Implementation
Schedule
During the
3rd 4th and 5th
' ' Permit Years
Deadline/
Implementation
Schedule
PUBLIC.INVOLVEMENT AND PARTICIPATION
The pennittee shall develop a strategy ~o·involye key target audiences. in the .de~¢lopilleht and implementation of the SWMP. that
complies with state and local public notice requirement~; · · · · ·
Identify approaches for involving key All i. • Identify approaches for involving the key
target audiences in SWMP target audiences (identified under Part
development and implementation. 11.A. l .a.i.) in the development and
implementation of the SWMP over the five
year permit term.
• For each key audience, describe:
o the approach;
o the target date(s) for implementation; and
o purpose of the involvement approach (e.g.
raise awareness, change behavior, and
improve the SWMP).
• Wherever possible, identify existing
organizations with membership that represent
some or all of the key target audiences and
describe opportunities for partnering to involve
membership in SWMP development and
implementation.
• Document collaboration with existing
organizations if this is an approach for
involving key target audiences.
• Submit a description of public involvement
approach, and schedule for each key audience
in 1st Annual Reoort.
End of
1st Permit Year
Minimum Measure Permittee
All ii. •
•
b. Develop and utilize the permittee's All i. •
website for public involvement.
•
Required BMP
Implement identified involvement approaches
for each key target audience.
Document participation and key target
audience feedback on the approach in the
SWMP and in each Annual Report.
Develop and advertise a stonn water website
for soliciting input from key target audiences,
other interested stakeholders, and the general
public. At a minimum, the storm water website
must include:
0 access to outreach materials;
0 most recent or current outreach event
information;
0 SWMP planning documents;
0 annual reports (or an equivalent summary
or document providing an annual
overview, and the availability for the
public to request the annual report);
0 a mechanism for collecting public input
for the SWMP; and
0 illicit discharge and construction project
complaints.
Website shall be available to the public on the
internet.
Pennit No.: MTR040000
Page 13 of63
Deadline/
Implementation
Schedule
During the
2nd 3rd 4th and 5th ' ' ' Permit Years
End of
1st Permit Year
Minimum Measure Permittee Required BMP
Permit No.: MTR040000
Page 14 of63
Deadline/
Implementation
Schedule
3. ILLICITDISCHARGEDETECTION&ELIMINATIQN . \. . .··•· . >. • .. · .. ··•·•·.···· .•· ... ·. ·. . . .. ·. .. .. . . . ·
The pennittee shall develop, implement .and enforce aprogram to'det~~t and eliminate iHicit displ}arges (a~ defined in ARM
17.30.1102(7)) info the.permittedSmallMS4. · · · · · ··
a. Address the following more frequent All i. • Evaluate and include, in each Annual Report: I Annually
categories of non-storm water o a list of non-storm water discharges that
discharges or flows (i.e., illicit the permittee has identified as significant
discharges) if identified as significant contributors of pollutants;
contributors of pollutants to the Small o the pollutants associated with each non-
MS4: water line flushing, landscape storm water significant contributor; and
irrigation, diverted stream flows, rising o document any local controls or conditions
ground waters, uncontaminated ground placed on these discharges.
water infiltration (as defined in ARM
17.30.1102(8)), uncontaminated
pumped ground water, discharges from
potable water sources, foundation
drains, air conditioning condensation,
irrigation water, springs, water from
crawl space pumps, footing drains,
lawn watering, individual residential
car washing, flows from riparian
habitats and wetlands, dechlorinated
swimming pool discharges, and street
wash water (discharges or flows from
firefighting activities are excluded
from the effective prohibition against
non-storm water and need only be
addressed where they are identified as
significant sources of pollutants to
state waters). These more frequent
non-storm water discharges must be
reasonably expected (based on
information available to the permittee)
to not be si1mificant sources of
Minimum Measure Permittee
pollutants to the Small MS4, because
of either the nature of the discharges or
conditions the permittee established
for not allowing these discharges to
the Small MS4.
b. Develop a list of other similar All I.
occasional incidental non-storm water
discharges (e.g. non-commercial or
charity car washes, etc.) that will not
be addressed as illicit discharges.
These non-storm water discharges
must not be reasonably expected
(based on information available to the
permittee) to be significant sources of
pollutants to the Small MS4, because All II.
of either the nature of the discharges or
conditions the permittee established
for allowing these discharges to the
Small MS4 (e.g., a charity car wash
with appropriate controls on
frequency, proximity to sensitive
waterbodies, BMPs for the wash
water, etc.).
c. Inventory storm water sewer All i.
infrastructure to thoroughly track illicit
discharges, contain spills, and
determine high priority areas. When
determining high priority areas,
permittees must document and
consider, at a minimum, the following:
industrial areas, previous areas with
illicit discharges, known illegal
dumping areas, the oldest portions of
Required BMP
• Evaluate and include, in each Annual Report:
0 a list of occasional incidental non-stonn
water discharges that the permittee has
determined will not be addressed as illicit
discharges;
0 the pollutants associated with each non-
storm water occasional incidental; and
0 document any local controls or conditions
placed on these discharges.
• Include a provision prohibiting any occasional
incidental non-storm water discharge that is
determined to be contributing significant
amounts of pollutants to the Small MS4 in
appropriate ordinances, regulatory mechanism
or memoranda of agreements.
• Update existing map showing:
0 the location and number of all outfalls (as
defined in ARM 17.3 0 .1102( 14) and Part
VIII of this General Permit); and
0 the names and location of all surface
waters that receive discharges from those
outfalls.
• Development of this map to accommodate the
provisions of a comprehensive illicit discharge
detection and elimination (IDDE) program and
Permit No.: MTR040000
Page 15 of63
Deadline/
Implementation
Schedule
Annually
End of
2"d Permit Year
End of
1st Permit Year
Minimum Measure Permittee
MS4 storm sewer infrastructure, any
areas with onsite sewage disposal
systems, and areas that discharge to an
impaired waterbody.
•
•
d. To the extent allowable under State, or Traditional I. •
local law, effectively prohibit, through MS4s
ordinance or other regulatory
mechanism, non-storm water •
discharges (except those listed under Non-11. • Part II.A.3 .a.) into the regulated storm Traditional
sewer system and implement MS4s
appropriate enforcement procedures • and actions.
•
Required BMP
the SWMP would typically include mapping
storm sewer system components including:
0 inlets;
0 open channels;
0 subsurface conduits/pipes;
0 dry wells (discharges to ground water
directly); and
0 other similar discrete conveyances.
List, label, or highlight determined high
priority areas.
Update the storm sewer map regularly and
make available for review by the Department
upon request.
If not done previously, adopt an ordinance or
other regulatory mechanism to prohibit illicit
discharges
Submit with 2nd Annual Report.
If not done previously, adopt an ordinance or
other regulatory mechanisms to prohibit illicit
discharges.
Permittees without legal authority to enact an
ordinance or other regulatory mechanism shall
ensure that written policies and procedures are
in place to exert authority (to the extent
allowable) over MS4 users such as:
0 employees,
0 the traveling public,
0 contractors, etc.
Submit a summary of legal authority, written
policy, and written procedures with the 2nd
Annual Report.
Permit No.: MTR040000
Page 16 of63
Deadline/
Implementation
Schedule
End of
2nd Permit Year
End of
2°d Permit Year
Minimum Measure Permittee
All iii. •
•
•
•
All iv. •
•
Required BMP
Solicit assistance from neighboring MS4s as
necessary to detect and eliminate illicit
discharges that may originate within the
neighboring MS4 and formalize in cooperative
agreements, i.e. memoranda of understanding.
Agreements should specify investigation and
enforcement responsibilities and these
agreements should be described in each
permittee's Enforcement Response Plan (ERP)
(Part II.A.3.d.iv.) and Illicit Discharge
Investigation and Corrective Action Plan (Part
II.A.3.f.).
Formalize cooperative agreements, i.e .
memoranda of understanding, with all
neighboring MS4s as necessary to implement
the IDDE program described in Part Il.A.3.
Submit a summary of the cooperative
agreements with the 2nd Annual Report.
Develop a formal ERP for illicit discharges .
The ERP must describe:
0 legal authority -through ordinance, formal
policies or memoranda of understanding -
to eliminate and abate illicit discharges;
0 identify staff with enforcement authority;
0 enforcement actions available;
0 enforcement escalation process; and
0 schedule to be utilized to quickly and
consistently eliminate the source of the
discharge, abate any damages and prevent
recurrence.
The ERP must include informal, formal, and
judicial responses.
0 Informal responses mav include:
Permit No.: MTR040000
Page 17 of63
Deadline/
Implementation
Schedule
End of
2"d Permit Year
End of
2nd Permit Year
Minimum Measure Permittee Required BMP
• telephone notification;
• verbal notice;
• notice of violation; and
• meetings .
0 Formal responses may include:
• administrative order;
• compliance schedule;
• order to show cause;
• monetary penalty (administrative); and
• suspended service .
0 Judicial responses may include:
• injunctive relief;
• consent decree;
• civil penalties; and
• criminal penalties .
• Submit the ERP with the 2nd Annual Report .
All v. • Implement ERP.
e. Proactively inspect, during dry All I. • Inspect and screen all of the pennittee's
weather, all outfalls to detect illicit outfalls during dry weather using the outfall
discharges and connections into the field screening protocol developed by the
MS4 and identify high priority Center for Watershed Protection or equivalent
outfalls. process.
• This process shall be completed by the end of
the permit cycle.
All ii. • Using inspection and screening results, storm
sewer maps, and other appropriate data,
determine high priority outfalls.
• Priority is to be determined by the permittee
and shall be based on potential water quality
impact. When determining high priority
outfalls, permittees must consider, at a
minimum, outfalls:
Permit No.: MTR040000
Page 18 of63
Deadline/
Implementation
Schedule
End of
2nd Permit Year
Completed by the
end of the 5tli
year. Progress
documented in the
Annual Reports.
End of
2nd Permit Year
Reevaluate during
3rd 4th and 5th , ,
Permit Years
Minimum Measure Permittee
•
All iii. •
•
f. Consistently and effectively All I. •
investigate suspected illicit discharges
and connections and track subsequent
compliance actions.
Required BMP
0 which drain industrial areas (as identified
by the Small MS4s zoning regulations or
growth policy);
0 where illicit discharges have been detected
during past pennit terms;
0 which drain areas prone to incidents of
illegal dumping;
0 which drain the oldest portions of the
Small MS4s storm sewer infrastructure;
0 which serve areas primarily served by
onsite sewage disposal systems; and/or
0 which discharge into an impaired water
body.
Submit the list of high-priority outfalls with
each 2nd -5th Annual Reports. The 3rd _5th Year
lists may reflect updated priority outfalls based
on screening results.
Inspect and screen high priority outfalls during
dry weather a minimum of once per year.
Submit a summary of screening results with
each 3rd -5th Annual Report.
Develop an Illicit Discharge Investigation and
Corrective Action Plan. This plan will describe
the process that will be used to:
0 locate the source of an illicit discharge and
0 select the appropriate corrective action, i.e.
enforcement action, abatement, etc.
0 At a minimum, this plan shall include
processes to:
• investigate all illicit discharges within
7 calendar days. Document
circumstances that prevented this
timeframe;
Permit No.: MTR040000
Page 19 of63
Deadline/
Implementation
Schedule
During 3rd 4th , ' and 5th
Permit Years
End of
l st Permit Year
Minimum Measure Permittee
•
•
•
All 11. •
Traditional 111. •
MS4s
Required BMP
• prioritize non-storm water discharges
suspected of being sanitary sewage
and/or significantly contaminated for
investigation first;
• confirmed illicit connections must be
eliminated within a goal timeframe of
6 months. Document circumstances
that prevented this timeframe;
• notify Montana DEQ and appropriate
agencies of dry weather flows believed
to be an immediate threat to human
health or the environment;
• document that a good faith effort was
made to find the source of the dry
weather discharge and document each
phase of the investigation in a case
file; and,
• resolve and document the conclusion
of all investigations.
The outfall where any illicit discharge is
detected shall continue to be considered high
priority and should be investigated as required
in the permit.
The plan should refer to the permittee's ERP
for execution of appropriate enforcement
actions.
Submit the plan with the 1st Annual Report .
Implement an Illicit Discharge Investigation
and Corrective Action Plan.
Maintain documentation which describes the
investigations conducted and corrective actions
taken per the Illicit Discharge Investigation
Permit No.: MTR040000
Page 20 of63
Deadline/
Implementation
Schedule
End of
2nd Permit Year
During 2na 3rd
4111 and S111 ' ' Permit Years
Minimum Measure Permittee
•
Non-iv. •
Traditional
MS4s
•
Minimum Measure Permittee
Required BMP
and Corrective Action Plan during dry weather
screening or through other detection methods,
e.g. public complaints.
Submit summary with each Annual Report .
Maintain documentation which describes the
investigations conducted and corrective actions
taken per the Illicit Discharge Investigation
and Con-ective Action Plan by the permittee or
a neighboring MS4 for all illicit discharges -
detected on the permittee's property that
originates outside of the permittee's property-
during dry weather screening or through other
detection methods, e.g. public complaints.
Submit summary with each Annual Report .
Required BMP
Permit No.: MTR040000
Page 21 of63
Deadline/
Implementation
Schedule
During 211d 3rd ' ' 4t1', and 5th
Permit Years
Deadline/
Implementation
Schedule
4. CONSTRUCTION SITE S1'0RM WA'l'ER MANAGEM~NT .·• . . . ··.· .. ·· . . ... > > .. · . . . .. ···•··. . . ·.. .. . .... . ..
The permittee shall develop, implement, and enforce a program to re~ucf: pollutatltsin storm water. runo.fftothe permitted SmaH MS4
a.
from co.nstruction activities that result iri a land disturbance of greater than or egualto0,ne acre. Red~ction ofstormwater. discharges
from construction activity disturbing less than one acre must be included in the progratn if thilt construction activity is part of a larger
common plan of development or .sale that would disturb one acre or. more. If the Department waives its permitting requirements for
storm water discharges ~sociated with constructio~1 activitythat distur,bs less th~ fifo~cres of tot~11arid area in accordance with
ARM 17 .3 0.1105( 5), the Small MS4 permittee is not required to develop, implement; andjor enforce a program to redm::~ pollutant
discharges from such sites. · · · ·
To the extent allowable under State,
or local law, effectively require,
through ordinance, or other regulatory
mechanism, erosion and sediment
controls and controls of other
construction-related pollutant sources
Traditional I 1.
MS4s
• If not completed previously, adopt an
ordinance or other mechanism to require
construction storm water controls on private
and permittee-owned regulated projects.
• At a minimum the ordinance or other
mechanism must:
End of
3rd Permit Year
Minimum Measure Permittee
on regulated construction projects
(construction stonn water controls)
and implement appropriate
enforcement procedures and actions.
•
Non-11. •
Traditional
MS4s
•
All 111. •
Required BMP
0 require the construction stonn water
management minimum standards
described as Non-Numeric
Technology-Based Effluent Limits
in the most current Montana DEQ
General Permit for Stonn Water
Discharges Associated with
Construction Activity to be
implemented on all regulated
construction projects, and
0 provide the pennittee the authority
to inspect privately-owned
construction stonn water
management controls.
Submit with 3rd Annual Reoort .
If not completed previously, at a regulatory
minimum, adopt fonnal policies or other
mechanisms to the extent allowable, such as
contractual requirements applicable to
contractors perfonning construction work
requiring construction stonn water controls on
pennittee-owned/operated projects. The
pennittee must consider and document private
development projects regardless of legal
authority.
Submit authority summary, written policy, and
written procedures with the 3rd Annual Report.
Develop a fonnal ERP to ensure compliance
with the construction storm water management
regulatory mechanisms on regulated projects
including private property. The sanctions and
enforcement mechanisms to be used to ensure
compliance will be included.
Permit No.: MTR040000
Page 22 of63
Deadline/
Implementation
Schedule
End of
3rd Pennit Year
End of
3rd Permit Year
Minimum Measure Permittee Required BMP
• The ERP must describe how the permittee
will:
0 eliminate and abate illegal construction
discharges;
0 identify staff with enforcement authority;
0 enforcement actions available and
enforcement escalation process and
include a schedule to be utilized to
quickly, and consistently eliminate the
source of the discharge; and
0 abate any damages and prevent recurrence.
• The ERP must include informal, formal, and
judicial responses.
0 Informal responses may include telephone
notification, verbal notice, notice of
violation, and meetings.
0 Formal responses may include
administrative order, compliance schedule,
order to show cause, monetary penalty
(administrative), and suspended service.
0 Judicial response may include injunctive
relief, consent decree, civil penalties, and
criminal penalties.
• In addition, the ERP must also include non-
monetary construction project-specific
penalties such as stop work orders, bonding
requirements, and/or permit denials for non-
compliance.
• Submit documentation of progress towards
creation of ERP with the 1st Annual Report.
• Submit adopted ERP with the 3rd Annual
Report.
Permit No.: MTR040000
Page 23 of63
Deadline/
Implementation
Schedule
Minimum Measure Permittee
All iv. •
b. Require that all regulated construction Traditional l. • projects submit a construction storm MS4s
water management plan prior to
construction which is consistent with
state and local requirements and which
incorporates consideration of potential
water quality impacts including storm
water pollution prevention through
appropriate erosion, sediment, and
waste control BMPs. The storm water
pollution prevention plan (SWPPP) •
developed pursuant to the MPDES
General Permit for Storm Water
Discharges Associated With
Construction Activity (Permit Number
MTR l 00000) may substitute for this • site plan for projects where a SWPPP Traditional ii. • is developed. MS4s
Non-iii. •
Traditional
MS4s
•
Required BMP
Implement ERP .
Develop a construction storm water
management plan review checklist that
documents, at a minimum, that the
requirements described in the Non-Numeric
Technology-Based Effluent Limits of the most
current Montana DEQ General Permit for
Storm Water Discharges Associated with
Construction Activity have been included on
all regulated project construction storm water
management plans.
The construction storm water management
plan review checklist shall be used to ensure
consistent review of submitted plans and to
determine and document compliance with state
and local requirements.
Submit with the 1st Annual Report .
Implement construction storm water
management plan review checklist.
Develop and implement a plan review
checklist which documents, at a minimum,
that the requirements described in the Non-
Numeric Technology-Based Effluent Limits
of the most current Montana DEQ General
Permit for Storm Water Discharges
Associated with Construction Activity have
been included on all permittee-
owned/operated project site plans. The
permittee may modify the plan review
checklist based on the maximum extent of
contractual agreements with documentation.
The plan review checklist shall be used to
ensure consistent review of submitted plans
for permittee-owned/operated projects and
Permit No.: MTR040000
Page 24 of63
Deadline/
Implementation
Schedule
End of
4th Permit Year
End of
1st Permit Year
End of
1st Permit Year
End of
l st Permit Year
Minimum Measure Permittee
•
c. Ensure that all construction storm Traditional i. •
water management controls are MS4s
installed, operated and maintained in
order to function as designed. •
•
Non-11. •
Traditional
MS4s •
•
All iii. •
All IV. •
Required BMP
to determine and document compliance
with state and local requirements.
Submit with the 1st Annual Report .
Develop an inspection form or checklist to
ensure consistent and thorough regulated
project inspections.
The checklist shall include, at a minimum, the
requirements described in the Non-Numeric
Technology-Based Effluent Limits of the most
current Montana DEQ General Permit for
Storm Water Discharges Associated with
Construction Activity.
Submit with the 1st Annual Report .
Develop an inspection form or checklist to
ensure consistent and thorough regulated
project inspections.
The checklist shall include, at a minimum,
the requirements described in the Non-
Numeric Technology-Based Effluent Limits
of the most current Montana DEQ General
Permit for Storm Water Discharges
Associated with Construction Activity. The
permittee may modify the plan review
checklist based on the maximum extent of
contractual agreements with documentation.
Submit with the 1st Annual Report .
Conduct inspections using inspection form .
Develop and maintain/update a regulated
project inventory to include, at a minimum, if
the project is covered under the Montana DEQ
General Permit for Storm Water Discharges
Associated with Construction Activity and
associated authorization number, the location,
size, topography of site and proximity to
Pennit No.: MTR040000
Page 25 of63
Deadline/
Implementation
Schedule
End of
1st Perm it Year
End of
1st Permit Year
End of
1st Permit Year
End of
1st Permit Year
Minimum Measure Permittee Required BMP
waterbodies for each project.
All v. • Develop an inspection frequency
determination protocol based upon the priority
of the project.
• Priority is to be determined using specific
criteria to include-at a minimum:
0 project size;
0 proximity to a water body;
0 steepness of project site slopes;
0 discharge to waterbodies impaired for
pollutants expected from active
construction projects; and
0 past record of non-compliance by the
operator of the construction site.
• The protocol shall establish the following
minimum inspection frequency for all high
priority projects:
0 once at commencement of construction
after BMPs have .been implemented;
0 once within 48-hours after each rain event
of 0.25 inches or greater;
0 once within 48-hours after each occurrence
of runoff from snowmelt due to thawing
conditions that causes visible surface
erosion at the site; and
0 once at the conclusion of the project prior
to finalization (i.e. release of bond,
issuance of certificate of occupancy, etc.).
• In addition, the inspection frequency shall
include:
0 recidivism reduction measures such as
incentives;
0 disincentives; or
Permit No.: MTR040000
Page 26 of63
Deadline/
Implementation
Schedule
End of
1st Permit Year
5.
a.
Minimum Measure Permittee Required BMP
0 increased inspection frequency at non-
compliant operator's sites.
Minimum Measure Permittee Required BMP
Permit No.: MTR040000
Page 27 of63
Deadline/
Implementation
Schedule
Deadline/
Implementation
Schedule
POST-CONSTRUCTION. SITE STORM WATER MANAGEMENT. INNEWANI)ll~O~~I.,OP¥ENT .. .. . . .. . .
The permittee shall develop, implement, and enforce a program to adcir~ss sfqt1ll .W~t~r U1t1<>£ffroqi 11ew cieyelopment and
redevelopment projects thatdisturb .greater than or equal to one acre, including .projects l.ess than one acre that ar~ partof a larger
common plan of devy:lopment or sale, that dischargeJnto the permitted SmaH MS4. This prograin must ensure that controls are in place
that .. would prevent or minimize water quality impacts. · · · · ·
To the extent allowable under State, or Traditional i. • If not completed previously, adopt an
local law, effectively require, through MS4s ordinance or other mechanism to require post-
ordinance, or other regulatory construction storm water management controls
mechanism, post-construction storm on regulated projects that, at a minimum,
water management controls and on include the performance standard described in
regulated projects and implement Part II.A.5.b.iii.
appropriate enforcement procedures • Submit with 4th Annual Re ort
and actions. Non-ii. • If not completed previously, at a regulatory
Traditional minimum, adopt formal policies or other
MS4s mechanisms to the extent allowable, such as
contractual requirements applicable to
contractors performing construction work
requiring post-construction storm water
controls on permittee-owned/operated projects.
The permittee must consider and document
private development projects regardless of
legal authority.
All lll.
• Submit authority summary, written policy, and
written procedures with the 4th Annual Repo1t
• Develop a formal ERP to ensure compliance
with installation, operation and maintenance
End of
4th Permit Year
End of
4th Permit Year
End of
4th Permit Year
Minimum Measure Permittee
•
•
•
All IV. •
Required BMP
requirements for post-construction storm water
management controls on regulated projects
including private property.
The ERP must include informal, formal, and
judicial responses.
0 Informal responses may include:
• telephone notification;
• verbal notice;
• notice of violation; and
• meetings .
0 Formal responses may include:
• administrative order;
• compliance schedule;
• order to show cause;
• monetary penalty (administrative); and
• suspend service .
0 Judicial responses may include:
• injunctive relief;
• consent decree;
• civil penalties; and
• criminal penalties .
The ERP must describe:
0 legal authority to require inspection and
maintenance of controls;
0 identify staff with enforcement authority;
0 the enforcements actions available;
0 enforcement escalation process; and
0 schedule to be utilized to quickly and
consistently ensure compliance with post-
construction requirements.
Submit the ERP with the 4th Annual Report .
Implement ERP.
Permit No.: MTR040000
Page 28 of63
Deadline/
Implementation
Schedule
End of
5th Permit Year
Minimum Measure Permittee
b. Require that all regulated Traditional I. • development projects submit a site MS4s
plan which is consistent with state
and local post-construction
requirements which incorporates
consideration of potential water • quality impacts including appropriate Non-11. • post-construction storm water Traditional
management controls. MS4s
•
All iii. •
Required BMP
Develop and implement a plan review
checklist to ensure consistent review of
submitted plans and to determine and
document compliance with state and local
post-construction requirements
Submit with the 1st Annual Report.
Develop and implement a plan review
checklist to ensure consistent review of
plans for permittee-owned/operated
projects and to determine and document
compliance with state and local post-
construction requirements. The permittee
may modify the plan review checklist based
on the maximum extent of contractual
agreements with documentation.
Submit the checklist with the 1st Annual
Reno rt
Require that all regulated projects implement
post-construction storm water management
controls that are designed to infiltrate,
evapotranspire, and/or capture for reuse the
post-construction runoff generated from the
first 0.5 inches ofrainfall from a 24-hour
storm preceded by 48 hours of no measurable
precipitation. For projects that cannot meet
100% of the runoff reduction requirement, the
remainder of the runoff from the first 0.5
inches of rainfall must be either:
a. Treated onsite using post-construction
storm water management control(s)
expected to remove 80 percent total
suspended solids (TSS);
b. Managed offsite within the same sub-
watershed using nost-construction storm
Permit No.: MTR040000
Page 29 of63
Deadline/
Implementation
Schedule
End of
1st Permit Year
End of
1st Permit Year
End of
1st Permit Year
Minimum Measure Permittee Required BMP
water management control(s) that are
designed to infiltrate, evapotranspire,
and/or capture for reuse; or
c. Treated offsite within the same sub-
watershed using post-construction storm
water management control(s) expected to
remove 80 percent TSS.
• Permittees allowing offsite treatment shall do
the following:
a. Develop and apply criteria for determining
the circumstances under which offsite
treatment may be allowed.
• The criteria must be based on multiple
factors, including but not limited to:
I. technical or logistic infeasibility
(e.g. lack of available space;
ii. high groundwater;
iii. groundwater contamination;
iv. poorly infiltrating soils;
v. shallow bedrock;
vi. prohibitive costs; and
vii. a land use that is inconsistent with
capture and reuse or infiltration of
storm water).
• Determinations may not be based
solely on the difficulty and/or cost of
implementation.
• The permittee must develop a formal
review and approval process for
determining projects eligible for
offsite treatment.
• The offsite treatment option is to be
used only after all onsite options have
Permit No.: MTR040000
Page 30 of63
Deadline/
Implementation
Schedule
Minimum Measure Permittee
•
c. Ensure that all post-construction storm I. • water management controls are Traditional installed, operated and maintained in MS4s order to function as designed.
•
11. •
Non-
Traditional • MS4s
•
Ill. •
All
Required BMP
been evaluated and documented
through the permittee's developed
formal review and approval process.
b. Create and maintain an inventory of
regulated projects which utilize offsite
treatment of post-construction storm water
runoff. The inventory must include the
following information pertaining to each
approved project:
• Geographic location of the project;
• Location of the off site treatment
facility which the project drains to;
and
• Documentation of the rationale for
approval of offsite treatment.
Submit adopted performance standards with
the 1st Annual Report.
Develop and implement an inspection form
or checklist to ensure consistent and thorough
inspections of post-construction storm water
management controls.
Submit with 2nd Annual Report .
Develop and implement an inspection form
or checklist to ensure consistent and
thorough inspections of post-construction
storm water management controls.
The permittee may modify the inspection form
or checklist based on the maximum extent of
contractual agreements with documentation.
Submit with 2nd Annual Report .
Develop and maintain/update an inventory
(including at a minimum, a description and
location) of all new permittee-owned and
Permit No.: MTR040000
Page 31 of 63
Deadline/
Implementation
Schedule
End of
2nd Permit Year
2nd Permit Year
End of
2nd Permit Year
Minimum Measure Permittee
iv. •
•
Traditional
MS4s
Non-v. •
Traditional
MS4s
Vl. •
All •
Required BMP
private post-construction storm water
management controls installed since the
effective date of the permit.
Develop and maintain/update an inventory
(including at a minimum, a description and
location) of all existing permittee-owned and
private high priority post-construction storm
water management controls installed prior to
the effective date of the permit.
Priority is to be determined by the permittee
and should be based on potential water
quality impact using specific criteria which
may include:
0 operation and maintenance needs of the
practices;
0 proximity to water body;
0 drainage area treated;
0 land use type; and
0 location within an impaired waterbody
watershed.
Develop and maintain/update an inventory
(including a description and location) of all
existing permittee-owned post-construction
BMPs.
Develop an inspection frequency
determination protocol based upon the
priority of the post-construction storm water
management control.
Priority is to be determined by the permittee
and should be based on potential water
quality impact using specific criteria which
may include:
0 operation and maintenance needs
Permit No.: MTR040000
Page 32 of63
Deadline/
Implementation
Schedule
End of
3rd Permit Year
End of
3rd Permit Year
End of
2nd Permit Year
Minimum Measure Permittee
•
VII. •
Traditional
MS4s
viii. •
All
ix. •
Traditional
MS4s •
d. Incorporate recommendations and 1. •
requirements into plans, policies and
ordinances which allow and support
the utilization of LID concepts on
public and private property. All •
•
Required BMP
of the practices;
0 proximity to water body;
0 drainage area treated;
0 land use type; and
0 location within an impaired
waterbody watershed.
Submit protocol with 2nd Annual Report .
Develop a program to either:
0 conduct inspections of high-priority post-
construction storm water management
controls at least annually, OR
0 to require self-inspection and reporting
by owners at least annually.
0 Submit program description with 2nd
Annual Report.
Inspect permittee-owned high priority post-
construction storm water management
controls annually and document findings and
resulting compliance actions.
Inspect or have inspected all high priority
privately-owned post-construction storm
water management controls annually
Document findings and resulting
compliance actions.
Convene appropriate staff and conduct a
discussion to evaluate existing batTiers to
implementing LID infrastructure in the
pe1mittee's codes, ordinances and policies.
The outcome of this discussion must identify
opportunities for change and address the
potential inconsistencies between policies.
Appropriate staff must include member(s) of
various departments, some of which may
Permit No.: MTR040000
Page 33 of63
Deadline/
Implementation
Schedule
End of
2nd Permit Year
During the 3rd, 4th,
and 5th
Permit Years
During the 3rd 4th , ,
and 5th
Permit Years
End of
4th Permit Year
Minimum Measure
Minimum Measure
a. I Identify the operation and maintenance
program to prevent or reduce pollutant
runoff from permittee-owned/ operated
facilities and field activities.
Permittee
Permittee
All
Required BMP
include:
0 Parks and Recreation;
0 Public Works;
0 Planning;
0 Environmental Protection;
0 Utilities; and
0 Transportation.
• Submit a summary of the discussion outcomes
with the 4th Annual Report.
Required BMP
• Create an inventory of permittee-
owned/operated facilities and activities that
have the potential to release contaminants to
the MS4. The inventory should include, at a
minimum, the following:
1. Facilities:
• maintenance and storage yards;
• waste handling and disposal areas;
• vehicle fleet or maintenance shops with
outdoor storage areas;
• salt/sand storage locations; and
• snow or dredge material disposal areas
operated by the permittee.
2. Activities:
• park and open space maintenance;
Pennit No.: MTR040000
Page 34 of63
Deadline/
Implementation
Schedule
Deadline/
Implementation
Schedule
End of
1st Permit Year
Minimum Measure Permittee Required BMP
• parking lot maintenance;
• building maintenance;
• road maintenance/deicing; and
• storm water system maintenance
including catch basin cleaning.
• List the possible contaminant(s) from each
facility/activity and list the local department(s)
and position(s) responsible for pollution
prevention with each facility/activity.
• Update the inventory annually .
All 11. • Develop a map that identifies the locations of
facilities and known locations of activities
identified in 6.a.i.
• Update the map annually .
All iii. • Organize similar facilities and activities
identified in 6.a.i. into categories, label the
categories, and develop standard operating
procedures (SOPs) for all categories.
• Development of the SOPs must include
documented inspections and communication
with relevant department personnel of2
facilities/activities per category prior to SOP
category completion.
• The SOPs must identify storm water pollution
controls (structural and non-structural controls,
and operation improvements) to be installed,
implemented, and/or maintained to minimize the
discharge of contaminants.
• The permittee must complete, at a minimum, the
Permit No.: MTR040000
Page 35 of63
Deadline/
Implementation
Schedule
During the 2°d 3rd ' , 4111, and 5th
Permit Years
During the 211d 3rd ' ' 4th and 5th ' Permit Years
Minimum Measure Permittee Required BMP
required SOPs according to the following
schedule:
0 one-fourth by the end of the 2nd permit year;
0 one-half by the end of the 3rd permit year;
0 three-fourths by the end of the 4th permit
0
year; and
all by the end of the 5th permit year.
• Submit the completed SOPs annually staiiing
with the 2nd Annual Report.
All iv. • Develop and internally document storm water
pollution prevention training in conjunction with
the development of the SOPs for each category.
All v • Conduct annual storm water pollution
prevention training for all permittee staff
directly involved with implementing SOPs.
• Trainings will be conducted during the next
permit year after development of each SOP.
Example: SOP and training developed in 2nd
Permit Year. Training conducted in 3rd Permit
Year.
• Retain records of completed trainings and
attendance.
Pennit No.: MTR040000
Page 36 of63
Deadline/
Implementation
Schedule
During the 2 11d 3rd ' ' 4th, and 5th
Permit Years
During the 3rd, 4th,
and 5th
Permit Years
B. Training
Permit No.: MTR040000
Page 37 of63
The permittee is required to conduct and/or coordinate the following training and
track/document of all municipal staff participation in each:
1. Conduct comprehensive training during the 1st year of the permit term for all
members of the storm water management team to educate them about the new permit,
the updated SWMP and implementation responsibilities for the upcoming permit
term. New members of the storm water management team must receive the
equivalent amount of training within 90 days of the hire date.
2. Conduct storm water awareness training, at a minimum, during 1st and 4th years of the
permit term for all appropriate permittee field staff (and pretreatment inspection staff)
and staff who work at permittee facilities. The training must provide education
regarding storm water impacts, the MS4 permit, the detection and elimination of
illicit discharges and the implementation of the ERP, and specifically address BMPs
necessary to minimize discharges of pollutants during permittee activities or the
operation of permittee facilities. Appropriate new field staff and staff who work at
permittee facilities must receive the equivalent amount of training within 90 days of
the hire date.
3. Conduct training, at a minimum, during the 1st and 4th years of the permit term for all
inspectors and plan reviewers responsible for implementation of the Construction Site
Storm Water Management Control Minimum Measure. Inspector training shall
include inspection protocol and the implementation of the ERP upon development.
New inspectors and plan reviewers must receive the equivalent amount of training
within 90 days of the hire date.
4. Conduct training, at a minimum, during the 1st and 4th years of the permit term for all
inspectors and plan reviewers responsible for implementation of the Post-
Construction Storm Water Management in New Development and Redevelopment
Minimum Measure. Inspector training shall include inspection protocol and the
implementation of the ERP. New inspectors and plan reviewers must receive the
equivalent amount of training within 90 days of the hire date.
5. Conduct training, at the schedule outlined within Part II.6.a.v, for storm water staff
responsible for implementing Standard Operating Procedures (SOPs) developed as a
requirement of the Pollution Prevention/Good Housekeeping Minimum Measure.
Training must be oriented to staff involved with the SOP-specific duties. New storm
water staff responsible for implementing SOPs must receive the equivalent amount of
training within 90 days of the hire date.
C. Sharing Responsibility
In accordance with 17.30.1111(7), a small MS4 may share responsibility to implement
the minimum control measures with another entity in order to satisfy their MPDES
permit obligations to implement a minimum control measure. Shared responsibility is
allowed only if the other entity implements the control measure, and the particular control
measure, or component thereof, to a degree at least as stringent as the corresponding
MPDES permit requirement. The other entity must agree to implement the control
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measure on behalf of the owners and operators of the regulated small MS4. Written
acceptance of this obligation is required. This obligation must be maintained as part of
the description of the permittee's SWMP. In annual reports, the owners and operators
must specify that they are relying on another entity to satisfy some of their permit
obligations, unless the other entity is responsible to file the reports. The MS4 remains
responsible for compliance with its permit obligations if the other entity fails to
implement the control measure (or component thereof).
The MS4 should enter into a legally binding agreement with the other entity in order to
minimize uncertainty about compliance with the MPDES permit.
D. Qualifying Local Program
If the application indicates a Qualifying Local Program requires a Small MS4 to
implement one or more of the six minimum control measures as stated in ARM
17.30.1111 (9), and the permittee elects to do this in the application, then the permittee is
directed to follow that qualifying program's requirements rather than the applicable storm
water management program requirements stated in Part II.A.
E. Transfer of Ownership, Operational Authority, or Responsibility for SWMP
Implementation
The permittee must implement the SWMP on all new areas added to the permittee's
portion of the Small MS4 (or for which the permittee becomes responsible for
implementation of storm water quality controls) as expeditiously as possible.
Implementation may be accomplished as part of a phased plan to allow additional time
for controls that cannot be implemented immediately.
Within 90 days of a transfer of ownership, operational authority, or responsibility for
SWMP implementation, the permittee must have a plan for implementing the SWMP on
all newly added areas. The plan may include schedules for implementation. Information
on all new annexed areas and any resulting updates required to the SWMP must be
included in the Annual Report.
F. Storm Water Management Program Updates Required by the Department
The Department may require changes to the SWMP as needed to:
1. Address impacts on receiving water quality caused, or contributed to, by discharges
from the Small MS4;
2. Include more stringent requirements necessary to comply with new federal statutory
or regulatory requirements; or
3. Include such other conditions deemed necessary by the Department to comply with
the goals and requirements of the Montana Water Quality Act.
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4. Update BMPs as necessary to improve program effectiveness per information and
data submitted in permittees' Annual Reports.
5. Changes requested by the Department must be made in writing, set forth the time
schedule for the permittee to develop the changes and update their program, and offer
the permittee the opportunity propose alternatives to their program to meet the
objective of the requested changes.
Part III. Special Conditions
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A. Water Quality Controls for Storm Discharges to Impaired Waterbodies Pre-Total
Maximum Daily Load (TMDL) Approval
The permittee's Storm Water Management Program (SWMP) must identify all outfalls
that discharge to impaired waterbodies, the impaired waterbodies, and the associated
pollutant(s) of impairment. Information on impaired waterbodies may be obtained from
the Department or from the Montana DEQ Clean Water Act Information Center website:
http://cwaic.mt.gov/. This information will be submitted with each Annual Report.
The permittee's SWMP must include a section that describes BMPs that target and
reduce discharges of the identified pollutant( s) of impairment to impaired waterbodies
without an approved TMDL. The permittee should only identify pollutants of impairment
from Table 1 in Part IV The permittee's Annual Report must contain a summary of
BMPs implemented over the reporting period and a schedule of BMPs planned for the
following year.
B. Water Quality Controls for Storm Discharges to Impaired Waterbodies with
Approved TMDL Wasteload Allocations (WLAs)
Addressing TMDLs in the SWMP
Appendix A of the permit contains a list ofTMDLs with WLAs assigned to MS4s
approved by the Department and EPA as of the effective date of this permit. The
permittee's SWMP must identify all outfalls that discharge to impaired waterbodies with
an approved MS4 WLA, the impaired waterbodies, and the associated pollutant(s) of
impairment. This information will be submitted with each Annual Report.
The permittee must include in its SWMP a section identifying the measures and BMPs it
plans to implement, describing the MS4's impairment priorities and long term strategy,
and outlining interim milestones (i.e., a completion schedule for action items) for
controlling the discharge of the pollutants of concern and making progress towards
meeting the TMDL. TMDL-Related Monitoring, below, will be incorporated into this
section.
The TMDL section of the SWMP must be submitted with the 4th year Annual Report for
approval. The permittee will begin to implement the approved section no later than the
start of the 5th permit year. The section must be annually evaluated based on monitoring
results, revised as needed, and resubmitted with Annual Reports beginning with the 5th
year Annual Report. Rationale must be provided for any revisions to this section.
Revisions must be approved by the Department.
TMDL-Related Monitoring
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The permittee must supplement the Self-Monitoring Requirements in Part IV with
additional monitoring targeted at further evaluating MS4 loading to impaired waterbodies
(Option 1) or at evaluating the effectiveness ofBMPs selected for reducing MS4 loading
to impaired waterbodies (Option 2). The same sample sites may be used for Self-
Monitoring and TMDL Monitoring. Each permittee must inform the Department of its
preferred Monitoring Option (1 or 2) with application for coverage under this renewed
General Permit. Monitoring will begin no later than March 1 of the 2nd permit year.
Monitoring Option 1
1. At a minimum, the MS4 will select four sampling locations that discharge to impaired
waterbodies. The location of these outfalls should consider the largest drainage areas,
the surrounding land uses which could contribute to impairments, and high priority
areas as identified by the IDDE minimum control measure. The permittee must
submit a Sampling Plan to the Department for approval with the first Annual Report.
The Sampling Plan should include strategy rationale, monitoring frequency,
monitoring parameters, and monitoring locations. After the Sampling Plan is
approved by the Department, the Permittee must provide a mechanism for public
review of the plan.
2. Monitoring will be conducted semi-annually. Specific monitoring parameters will
include pollutant(s) listed as a source of impairment specific to the receiving
waterbody from the MS4. Monitoring data must be collected following procedures in
40 CFR Part 136, unless other test procedures have been specified in this General
Permit.
Monitoring Option 2
1. As determined by the permittee and approved by the Department, Monitoring Option
2 provides the flexibility for a MS4-specific monitoring strategy that will provide the
data required to track and evaluate effectiveness of BMPs. The permittee must
submit a Sampling Plan to the Department for approval with the first Annual Report.
The Sampling Plan should include strategy rationale, monitoring frequency,
monitoring parameters, and monitoring locations. After the Sampling Plan is
approved by the Department, the Permittee must provide a mechanism for public
review.
Part IV.
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Monitoring, Recording and Reporting Requirements
A. Self-Monitoring Requirements
Storm water monitoring requirements must initiate: (1) on the effective date of
authorization issued under this General Permit, (2) as outlined by Part IV.A.4., or (3) as
otherwise directed by the Department. The Department reserves the right to require
additional storm water sampling, testing, and reporting on a case-by-case basis.
1. Storm Water Discharge Monitoring
All permittees are required to perform sampling, testing, and reporting of storm water
discharges for their Small MS4s under this General Permit, or as otherwise required
by the Department.
2. Specific Monitoring Parameters
The required monitoring parameters are listed in Table 1.
Table 1. Small MS4 Monitoring Requirements
Parameter<1> \.LJ Frequency TypePJ
Total Suspended Solids (TSS), mg/L Semi-annual Grab or Composite
Chemical Oxygen Demand (COD), mg/L Semi-annual Grab or Composite
Total Phosphorus, mg/L Semi-annual Grab or Composite
Total Nitrogen, mg/L Semi-annual Grab or Composite
pH, standard units Semi-annual Instantaneous
Copper, mg/L Semi-annual Grab or Composite
Lead, mg/L Semi-annual Grab or Composite
Zinc, mg/L Semi-annual Grab or Composite
Estimated Flow, gpm Semi-annual Instantaneous<4>
Oil and Grease<5>, mg/L Semi-annual Grab
(!) Detection limits are pursuant to levels defined in Circular DEQ-7.
(2) Total recoverable methods to be used on all metals.
(3) See Definitions in Part VI. of this General Permit.
(4) Estimated flow rates are appropriate in cases where measurement gauges are not installed.
(5) Hexanes extraction (EPA Method 1664A).
3. Monitoring Locations
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Permittees will choose from the two monitoring location options below and submit
their selected option to the Department with their application for General Permit
coverage:
a. Monitoring Option 1
For each semi-annual monitoring period, MS4 permittees must sample at the
following locations within the permitted geographic area during a storm event with a
measurable amount of discharge:
• 2 discharge points which represent storm water runoff drainage areas from a
relatively commercial and/or industrial area; and,
• 2 discharge points which represent storm water runoff drainage areas from a
relatively residential area.
Monitoring locations must be consistently identified as "OOlA" and "OOlB" for the
industrial/commercial locations, and "002A" and "002B" for the residential
locations. If a new monitoring location is added or used to replace an existing
monitoring location, the new location will be identified according to the numeric
alphabet scheme above.
b. Monitoring Option 2
For each semi-annual monitoring period, MS4 permittees must establish a network
of at least four ( 4) monitoring locations and sample during a storm event with a
measurable amount of discharge. At least one (1) monitoring location shall contain
storm water runoff from a predominantly commercial and/or residential area and one
(1) monitoring location shall contain storm water runoff from a predominantly
residential area. At least one (1) monitoring location may be upstream, outside the
MS4 boundary to evaluate water quality entering the MS4.
Monitoring locations must be consistently identified using a naming scheme of the
permittee' s choice, but the permittee can only use a chosen name once. If a new
monitoring location is added or used to replace an existing monitoring location, a
new name must be selected for the new location.
4. Storm Water Discharge Monitoring Schedule
Permittees authorized under the 2015 General Permit that were not required to
monitor and obtain coverage under the 2017 General Permit are required to self-
monitor starting January 1, 2018.
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New authorizations under the 2017 General Permit (not authorized under the 2015
General Permit) are required to self-monitor starting three years from the date of
authorization. These prescribed monitoring schedules provide flexibility for the
permittee to establish a self-monitoring program.
5. Impaired Waterbodies Monitoring
Permittees with a storm water discharge to an impaired waterbody must conduct
storm water discharge monitoring according to Part III. Special Conditions.
Permittees must comply with all requirements associated with the TMDLs.
New authorizations under the 2017 General Permit (not authorized under the 2015
General Permit) will apply Part III.A requirements to both storm water discharges to
impaired waterbodies with pre-total maximum daily load (TMDL) approval and
approved TMDL wasteload allocations. Part III. B is not applicable during this
permit cycle.
6. Monitoring Frequency
a. Sampling, testing, and reporting must be conducted at least semi-annually (two
times per year) for each of the parameters listed in Table 1 above during a storm
event with a measurable amount of discharge. One sample at each monitoring
location must be taken between January 1st and June 30th of each permitted calendar
year and the other sample between July 1st and December 31st.
b. If a permittee is not able to dependably obtain a sample at the identified required
sampling outfall during a six-month monitoring period, rationale must be recorded
in the corresponding annual report on why the collection of a sample was
impracticable and the permittee must collect a substitute sample during the
subsequent six-month monitoring period in addition to the required sample for that
six-month monitoring period. The substitute sample and required six-month
sample may be collected from back to back storm events with at least 48 hours of
no measurable precipitation.
c. If a permittee fails to obtain the required sample for a six-month monitoring period,
the permittee may request to replace the monitoring location outfall with
appropriate rationale prior to the next calendar year. The Department must approve
such requests prior to replacing a monitoring location. The new, approved outfall
monitoring location will be identified with an unused outfall name/number. The
permittee may not request to replace approved replacement monitoring locations
again during the same permit cycle.
7. Monitoring Procedures
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Monitoring must be conducted according to test procedures approved under Part 136,
Title 40 of the Code of Federal Regulations, unless other test procedures have been
specified in this General Permit.
8. Penalties for Tampering
The Montana Water Quality Act provides that any person who falsifies, tampers with,
or knowingly renders inaccurate, any monitoring device or method required to be
maintained under this permit shall, upon conviction, be punished by a fine of not more
than $25,000, or by imprisonment for not more than six months, or both.
B. Reporting and Evaluation of Monitoring Results
1. Monitoring results shall be submitted to the Department with each annual report.
2. Each annual report shall include a calculation of the long-term median concentration
of each parameter in Table 1 of Part IV.A. The long-term median shall be calculated
from all known monitoring results for each parameter at a monitoring location.
3. Monitoring results shall be used by permittees to self-evaluate measures taken to
improve the quality of storm water discharges. Each annual report shall include an
evaluation of the monitoring results relative to the long-term median. The evaluation
must include (1) comparisons between monitoring locations, (2) discuss
determinations for trends and outliers in monitoring results compared to the
calculated long-term median, and results outside a pH range of 6.0 to 9.0 standard
units, and (3) a schedule and rationale for BMPs planned to improve water quality of
storm water discharges based on monitoring results.
C. Monitoring Records
The following information must be recorded and maintained at the office of the contact
person/position for all storm water discharges which are sampled:
1. Date, exact place, and time of sampling;
2. Estimated duration (in hours) of the storm event(s) sampled;
3. Total rainfall measurements or estimates (in inches) of the storm event which
generated the sampled runoff;
4. Name(s) of the individuals which performed the sampling or measurements; and
5. Analytical laboratory test result data and reports for storm water samples, and/or
records, which minimally indicate:
a. The date(s) analyses were performed;
b. The time analyses were initiated;
c. The initials or name( s) of individual( s) who performed the analyses;
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d. References and written procedures, when available, for the analytical techniques
or methods used; and
e. The results of such analyses, including the bench sheets, instrument readouts,
computer disks or tapes, etc. used to determine these results.
D. Retention of Records
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this General Permit, and records of all
data used to complete the application for this General Permit, for a period of at least three
years from the date of sample, measurement, report, or application.
E. Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on, interim and
final requirements contained an any compliance schedule of the permit must be submitted
to DEQ in either electronic or paper format and be postmarked no later than 14 days
following each schedule date unless otherwise specified in the permit.
F. Annual Report
1. The permittee (or co-permittee if co-permitted under one permit authorization
number) shall prepare and submit an annual report to the Department for each
calendar year within the General Permit term.
2. The permittee shall electronically submit the signed copy of the annual report form
and required attachments to the Department by March 1st of each year for the
preceding calendar year. Electronic submission is through NetDMR.
3. Each co-permittee shall submit an annual report form pertaining to their respective
permitted Small MS4(s) unless formal written shared responsibilities allow another
entity to complete the annual report form obligations.
4. The Department has provided an annual report form for use by all permittees or co-
permittees.
5. If additional information is requested with the annual report form, then the permittee
must submit this additional information at the same time as the form.
6. Monitoring results and evaluations, as required in Part IV.B of the General Permit,
must be attached to the annual report form.
7. If the permittee or co-permittee has made any updates, changes, or improvements to
their Storm Water Management Program during the prior calendar year, then an
attachment to the annual report must provide a date and description of these updates,
changes, or improvements.
8. Full-size, hard-copies of storm sewer system maps, including updates, must be
submitted directly to the Department by March 1st of each year if the map(s) was
developed or modified during the calendar year for which the annual report pertains.
9. The completion of this annual report must initiate for the calendar year in which
authorization under the General Permit was issued.
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10. The annual report must comply with the signatory and certification requirements as
stated in Part VI.
11. Updates or revisions to submitted documents after the initial required submittal per
development of the SWMP as outlined in Part II shall be retained onsite with the last
revision date, and documents must be available upon request.
G. Changes in Storm Water Coordinator
The application identifies a formal Storm Water Coordinator for each permittee or co-
permittee. Should the Storm Water Coordinator person/position, mailing address, email
address, or telephone number identified on the Application Form change, the permittee or
co-permittee must notify the Department in writing of this change within 15 calendar
days of the change. This written notification must specifically reference that there is a
"change of the Storm Water Coordinator", specifically identify the permit authorization
number, and specifically identify the formal "Small MS4 Name" as identified on the
application. The written notification letter for a change in the Storm Water Coordinator
must be signed by a person meeting the signatory requirements of Part VI.
H. Records For Inspection
A copy of the General Permit, permit authorization letter, required SWMP documents,
Annual Reports, Discharge Monitoring Reports (if required), and other pertinent records
required by the General Permit shall be maintained by the Storm Water Coordinator for
their respective Small MS4, and shall be made available to Department inspectors upon
request for all permittees and co-permittees.
I. Inspection and Entry
The permittee shall allow the head ofDEQ or the Regional Administrator, or an
authorized representative upon the presentation of credentials and other documents as
may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this permit;
2. Have access to and copy at reasonable times, any records that must be kept under the
conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment) practices, operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purpose of assuring permit
compliance, any substance or parameters at any location.
J. Twenty-four Hour Notice of Noncompliance Reporting
1. The permittee shall report any serious incident of noncompliance affecting the
environment as soon as possible, but no later than twenty-four (24) hours from the
time the permittee first became aware of the circumstances. The report shall be
made to the Water Protection Bureau at (406) 444-3080 or the Office of Disaster and
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Emergency Services at (406) 324-4777. The following examples are considered
serious incidents:
a. Any noncompliance which may seriously endanger health or the environment;
b. Any unanticipated bypass which exceeds any effluent limitation in the permit; or
c. Any upset which exceeds any effluent limitation in the permit.
2. A written submission shall also be provided within five days of the time that the
permittee becomes aware of the circumstances. The written submission shall
contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times;
c. The estimated time noncompliance is expected to continue if it has not been
corrected already; and
d. DEQ may waive the written report on a case-by-case basis ifthe oral report has
been received within 24 hours by the Water Protection Bureau, by phone, ( 406)
444-3080.
e. Reports shall be submitted to the following address:
DEQ Water Protection Bureau, PO Box 200901, Helena, MT 59620.
K. Other Required Reporting
1. The permittee shall report any serious incident of illicit discharge within permitted
MS4 boundaries that affects the environment as soon as possible, but no later than
twenty-four (24) hours from the time the permittee first became aware of the
circumstances. The report shall be made to the Water Protection Bureau at (406)
444-3080.
2. A written submission shall also be provided within five days of the time that the
permittee becomes aware of the circumstances. The written submission shall
contain:
a. A description of the illicit discharge and its cause/origin;
b. The period of illicit discharging, including exact dates and times;
c. The estimated time for correction of the illicit discharge if it has not been
corrected already; and
d. DEQ may waive the written report on a case-by-case basis ifthe oral report has
been received within 24 hours by the Water Protection Bureau, by phone, (406)
444-3080.
e. Reports shall be submitted to the following address:
DEQ Water Protection Bureau, PO Box 200901, Helena, MT 59620.
Part V. Compliance Responsibilities
A. Duty to Comply
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The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Montana Water Quality Act and is grounds
for enforcement action; for termination under the General Permit; or for denial of
coverage under this General Permit renewal. The permittee shall give the Department
advance notice of any planned changes at the permitted facility or of an activity which
may result in permit noncompliance.
B. Penalties for Violations of Permit Conditions
The Montana Water Quality Act provides that any person who violates a permit condition
of the Act is subject to civil or criminal penalties not to exceed $25,000 per day or one
year in prison, or both, for the first conviction, and $50,000 per day of violation or by
imprisonment for not more than two years, or both, for subsequent convictions. MCA 75-
5-611 (a) also provides for administrative penalties not to exceed $10,000 for each day of
violation and up to a maximum not to exceed $100,000 for any related series of
violations. Except as provided in permit conditions "Bypass of Treatment Facilities" and
"Upset Conditions", nothing in this permit shall be construed to relieve the permittee of
the civil or criminal penalties for noncompliance.
C. Need to Halt or Reduce Activity not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
D. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
E. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation
and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems which are installed by a permittee only when the operation is
necessary to achieve compliance with the conditions of the permit.
F. Removed Substances
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Collected screenings, grit, solids, sludges, or other pollutants removed in the course of
treatment shall be disposed of in such a manner so as to prevent any pollutant from
entering any waters of the state or creating a health hazard.
Part VI. General Requirements
A. Planned Changes
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The permittee shall give notice to the Department as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
1. The alteration or addition could significantly change the nature or increase the
quantity of pollutant discharged. This notification applies to pollutants which are not
subject to effluent limitations in the permit.
B. Anticipated Noncompliance
The permittee shall give advance notice to the Department of any planned changes in the
permitted facility or activity which may result in noncompliance with permit
requirements.
C. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing
of a request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
D. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit. The
reapplication must be submitted at least 90 days before the expiration date of this permit.
E. Duty to Provide Information
The permittee shall furnish to the Department, within a reasonable time, any infonnation
which the Department may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to determine compliance with this
permit. The permittee shall also furnish to the Department, upon request, copies of
records required to be kept by this permit.
F. Other Information
When the permittee becomes aware that it failed to submit any relevant facts in an
application, or submitted incorrect information in an application or any report to the
Department, it shall promptly submit such facts or information with a narrative
explanation of the circumstances of the omission or incorrect submittal and why they
weren't supplied earlier.
G. Signatory Requirements
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All applications, reports or information submitted to the Department or the EPA shall be
signed and certified.
1. All permit notices of intent shall be signed by either a principal executive officer or
ranking elected official.
2. All reports required by the permit and other information requested by the Department
shall be signed by a person described above or by a duly authorized representative of
that person. A person is considered a duly authorized representative only if:
a. The authorization is made in writing by a person described above and submitted
to the Department; and
b. The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position
of plant manager, operator of a well or a well field, superintendent, position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative
may thus be either a named individual or an individual occupying a named
position.
3. Changes to authorization. If an authorization described above is no longer accurate
because a different individual or position has responsibility for the overall operation
of the facility, a new authorization satisfying the above requirements must be
submitted to the Department prior to or together with any reports, information, or
applications to be signed by an authorized representative.
4. Certification. Any person signing a document under this section shall make the
following certification:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations."
H. Penalties for Falsification of Reports
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The Montana Water Quality Act provides that any person who knowingly makes any
false statement, representation, or certification in any record or other document submitted
or required to be maintained under this permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than six months per
violation, or by both.
I. Availability of Reports
Except for data determined to be confidential under 40 CFR Part 2, all reports prepared in
accordance with the terms of this permit shall be available for public inspection at the
offices of the Department. As required by the Clean Water Act, applications, permits and
effluent data shall not be considered confidential.
J. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject under Section 311 of the Clean Water Act.
K. Property Rights
The issuance of this permit does not convey any property or water rights of any sort, or
any exclusive privileges.
L. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
M. Transfers
This permit is not transferable to a new permittee. A new owner or operator of a facility
must apply according to the standard application procedures 30 days prior to taking
responsibility for the facility.
N. Fees
The permittee is required to submit payment of an annual fee as set forth in ARM
17.30.201. If the permittee fails to pay the annual fee within 90 days after the due date
for the payment, the Department may:
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1. Impose an additional assessment computed at the rate established under ARM
17.30.201: and,
2. Suspend the processing of the application for a permit or authorization or, ifthe
nonpayment involves an annual permit fee, suspend the permit, certificate or
authorization for which the fee is required. The Department may lift suspension at
any time up to one year after the suspension occurs if the holder has paid all
outstanding fees, including all penalties, assessments and interest imposed under this
sub-section. Suspensions are limited to one year, after which the permit will be
terminated.
0. Reopener Provisions
This permit may be reopened and modified (following proper administrative procedures)
to include the appropriate effluent limitations (and compliance schedule, if necessary), or
other appropriate requirements if one or more of the following events occurs:
1. Water Quality Standards: The water quality standards of the receiving water(s) to
which the permittee discharges are modified in such a manner as to require different
permit conditions than contained in this permit.
2. Water Quality Standards are Exceeded: If it is found that water quality standards or
trigger values in the receiving stream are exceeded either for parameters included in
the permit or others, the Department may modify the permit conditions or water
management plan.
3. TMDL or Wasteload Allocation: TMDL requirements or a wasteload allocation is
developed and approved by the Department and/or EPA for incorporation in this
permit.
4. Water Quality Management Plan: A revision to the current water quality
management plan is approved and adopted which calls for different effluent
limitations than contained in this permit.
P. Toxic Pollutants: A toxic standard or prohibition is established under Section 307(a) of
the Clean Water Act for a toxic pollutant which is present in the discharge and such
standard or prohibition is more stringent than any limitation for such pollutant in this
permit.
Part VII. Definitions
1. The "Act" means the Federal Clean Water Act.
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2. "Best Management Practices" ("BMPs") means schedule of activities, prohibition of
practices, maintenance procedures, and other management practices to prevent or reduce
the pollution of state waters. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
3. "Control measure" as used in this General Permit, means any Best Management Practice
or other method used to prevent or reduce the discharge of pollutants to state waters.
4. The "Department" means the Montana Department of Environmental Quality.
5. "Flow-weighted composite sample" means a composite sample consisting of a mixture of
aliquots collected at a constant time interval, where the volume of each aliquot is
proportional to the flow rate of the discharge.
6. "Grab Sample" for monitoring requirements, is defined as a single "dip and take" sample
collected at a representative point in the discharge stream.
7. "Green Infrastructure" means vegetation, soils, and natural processes used to manage
water and create healthier urban environments. At the scale of a city or county, green
infrastructure refers to the patchwork of natural areas that provides habitat, flood
protection, cleaner air, and cleaner water. At the scale of a neighborhood or site, green
infrastructure refers to storm water management systems that mimic nature by soaking up
and storing water.
8. "Hazardous substance" means any substance designated under 40 CFR Part 116 pursuant
to section 311 of the federal Clean Water Act.
9. "Illicit Connection" means any man-made conveyance connecting an illicit discharge
directly to a municipal separate storm sewer.
10. "Illicit discharge" means any discharge to a municipal separate storm sewer that is not
composed entirely of storm water except discharges pursuant to an MPDES permit (other
than the MPDES permit for discharges from the municipal separate storm sewer) and
discharges resulting from firefighting activities.
11. "MEP" is an acronym for "Maximum Extent Practicable", the technology-based
discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in
storm water discharges that was established by the Clean Water Act, Section 402(p). A
discussion ofMEP as it applies to Small MS4s is found in ARM 17.30.1111(5). The
MEP standard requires the development, implementation, and enforcement of measures
including BMPs, control techniques, system design, engineering methods, and other
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provisions that the Department determines to be appropriate for the control of such
pollutants. MEP is an iterative, dynamic, flexible standard that the permittee shall
evaluate and update continuously, as necessary, to better tailor or expand the program
based on its effectiveness in reducing pollutant discharge load.
12. "MS4" means a municipal separate storm sewer system.
13. "Municipal separate storm sewer" means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that discharges to surface waters and is: (a)
owned or operated by the state of Montana, a governmental subdivision of the state, a
district, association, or other public body created by or pursuant to Montana law,
including special districts such as sewer districts, flood control districts, drainage districts
and similar entities, and designated and approved management agencies under section
208 of the federal Clean Water Act, which has jurisdiction over disposal of sewage,
industrial wastes, storm water, or other wastes, and is:
a. designed or used for collecting or conveying storm water;
b. not a combined sewer; and
c. not part of a publicly owned treatment works (POTW) as defined in ARM Title 17,
chapter 30, subchapter 13.
14. "Non-Traditional MS4" means MS4s which are designated as Small MS4s but are not
cities or counties, such as drainage districts, transportation agencies, municipal utility
districts, military bases, prisons and universities.
15. "Outfall" means the physical location where these conveyance structures discharge
pollutants or storm water into surface water or where they leave the boundary of the
designated MS4.The term does not include open conveyances connecting two municipal
separate storm sewers, or pipes, tunnels or other conveyances that connect segments of
the same stream or other surface waters and that are used to convey surface waters.
16. "Owner or operator" means a person who owns, leases, operates, controls, or supervises a
point source. "Point Source" means any discernible, confined, and discrete conveyance,
including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate
collection system, vessel or other floating craft, from which pollutants are or may be
discharged. This term does not include return flows from irrigated agriculture or
agricultural storm water runoff.
17. "Process wastewater" means any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use of any raw material,
intermediate product, finished product, byproduct, or waste product.
18. "Small municipal separate storm sewer system" means:
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a. small MS4s, and portions of them, that are located in the following urbanized areas in
Montana as determined by the latest decennial census by the United States census
bureau:
1. the city of Billings and Yellowstone County;
11. the city of Missoula and Missoula County; and
111. the city of Great Falls and Cascade County;
b. the following small MS4s serving a population of at least 10,000 as determined by the
latest decennial census by the United States census bureau and that are located
outside of an urbanized area:
i. MS4s located in the city of Bozeman;
IL MS4s located in the city of Butte;
111. MS4s located in the city of Helena; and
iv. MS4s located in the city of Kalispell;
c. MS4s designated by the department pursuant to 17.30.1107; and
d. systems similar to separate storm sewer systems in municipalities, such as systems at
military bases, large educational, hospital or prison complexes, and highways and
other thoroughfares. The term does not include separate storm sewers in very discrete
areas, such as individual buildings.
19. "Small MS4" means a small municipal separate storm sewer system.
20. "State waters" is defined at 75-5-103, MCA.
21. "Storm Water" means storm water runoff, snow melt runoff, and surface runoff and
drainage.
22. "Storm Water Management Program" or "SWMP" means a comprehensive program to
manage the quality of storm water discharged from the Small municipal separate storm
sewer system.
23. "Surface waters" means any waters on the earth's surface including, but not limited to,
streams, lakes, ponds, and reservoirs, and irrigation and drainage systems discharging
directly into a stream, lake, pond, reservoir, or other surface water. Water bodies used
solely for treating, transporting, or impounding pollutants shall not be considered surface
water.
24. "Time-weighted composite sample" means a composite sample consisting of a mixture of
equal volume aliquots collected at a constant time interval.
25. "Total Maximum Daily Load" or "TMDL" is defined at 75-5-103, MCA.
26. "Traditional MS4" means all cities and counties covered by this General Permit.
27. "Waste Load Allocation" or "WLA" means the portion of a receiving water's loading
capacity that is allocated to one of its existing or future point sources.
Appendix A: TMDLs with MS4 Approved WLAs
Basin: Upper Missouri
Affected MS4s: City of Helena
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Pollutants of Concern: Total Phosphorus (TP), Total Nitrogen (TN), Total Suspended Solids
(TSS)
MS4 WLA: None specified for Nutrients and Sediment in Prickly Pear Creek and Ten Mile
Creek.
Assumptions and Actions Specified by the TMDL: The Department recognized that regulated
storm water contributes only a small fraction of the total nutrient load and total sediment load.
No additional requirements were imposed for permitted storm water facilities. However, to meet
the intent of the TMDL goals and future recommendations, Helena MS4 must follow their permit
requirements, evaluate potential impacts to impaired receiving waters, and utilize monitoring to
implement an adaptive management approach to minimize pollutant loads.
Name and Date ofTMDL: Framework Water Quality Restoration Plan and Total Maximum
Daily Loads (TMDLs) for the Lake Helena Watershed Planning Area: Volume II-Final Report
(August 2006)
Status of the TMDL: Final
Link to Main TMDL Document:
http://deq.mt.gov/Portals/112/Water/WQPB/CW AIC/TMDL/M09-TMDL-02a.pdf
Affected MS4s: City of Great Falls
Pollutants of Concern: Total Phosphorus (TP), Total Nitrogen (TN), and Sediment
MS4 WLA: None specified in the Lower Sun River.
Assumptions and Actions Specified by the TMDL:
In 2004, the MS4 was not considered a significant point source and no MS4 WLAs were
developed. However, the Department recognized that urban areas have the potential to impact
nutrient and sediment loading and future analysis is needed. To meet the intent of the TMDL
goals and future recommendations, Great Falls MS4 must follow their permit requirements,
evaluate potential impacts to impaired receiving waters, and utilize monitoring to implement an
adaptive management approach to minimize pollutant loads.
Name and Date of TMDL: Water Quality Restoration Plan and Total Maximum Daily Loads
for the Sun River Planning Area (December 2004)
Status of the TMDL: Final
Link to Main TMDL Document:
http://deq.mt.gov/Portals/112/Water/WQPB/CW AIC/TMDL/Ml 3-TMDL-O la.pdf
Affected MS4s: City of Bozeman, Montana State University-Bozeman
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Pollutants of Concern: Total Suspended Solids (TSS), Total Phosphorus (TP), Total Nitrogen
(TN), E.coli
MS4 WLAs as follows: Note that WLAs apply to all MS4s that were co-permittees at the time
ofTMDL development; therefore, WLAs are aggregated and not individually assigned to each
MS4.
TSS: The WLA is 13 7 tons of sediment per year for the Bozeman Creek watershed, which is a
37% reduction from the estimated existing load (218 tons/year). Because of the limited amount
of data for Bear Creek, the Bear Creek WLA is also a 37% reduction (3.4 tons/year).
TSS Assumptions and Actions Specified by the TMDL: Percent reduction allocations were
developed, but the WLAs are not intended to add load limits to the permit. WLAs are met by
adhering to the permit requirements to minimize pollutant loads. As identified in the permit,
monitoring data should continue to be evaluated to assess BMP performance and help determine
whether and where additional BMP implementation may be necessary.
Nutrients: Since the storm water system should not be actively discharging during typical
summer low flow conditions, both the existing load and WLA are defined as 0 (zero) for
Bozeman Creek (Total Nitrogen), East Gallatin River (Total Nitrogen & Total Phosphorus);
Bridger Creek (Nitrate), and Mandeville Creek (Total Nitrogen & Total Phosphorus).
Nutrient Assumptions and Actions Specified by the TMDL: When the storm water system is
activated, the WLAs are met by adhering to the permit requirements and that monitoring can be
used to implement an adaptive management approach to minimize pollutant loads. The MS4 is
assigned a wasteload allocation of zero when the storm water system is not activated or
functioning during storm events. As required by the permit, an illicit discharge detection and
elimination program is necessary to achieve this WLA, which requires the permittees to regularly
update the storm sewer system map, showing the location and number of outfalls.
Escherichia coli (E. coli): The MS4 will be assigned a wasteload allocation of 0 (zero) in
Bozeman Creek when the storm water system is not activated.
E.coli Assumptions and Actions Specified by the TMDL: When the storm water system is
activated, the WLAs are met by adhering to the permit requirements and that monitoring can be
used to implement an adaptive management approach to minimize pollutant loads. The MS4 is
assigned a wasteload allocation of zero when the storm water system is not activated or
functioning during storm events. As required by the permit, an illicit discharge detection and
elimination program is necessary to achieve this WLA, which requires the permittees to regularly
update the storm sewer system map, showing the location and number of outfalls.
Name and Date ofTMDL: Lower Gallatin Planning Area TMDLs & Framework Water Quality
Improvement Plan (March 2013)
Status of the TMDL: Final
Link to Main TMDL Document:
http://deq.mt.gov/Portals/112/Water/WQPB/CWAIC/TMDL/M05-TMDL-02a.pdf
Basin: Columbia Basin
Affected MS4s: Butte-Silver Bow (BSB)
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Pollutants of Concern: Total Phosphorus (TP), Total Nitrogen (TN), Total Suspended Solids
(TSS), Metals (Arsenic, Cadmium, Copper, Lead, Mercury, and Zinc)
MS4 WLAs as follows:
TSS: The WLA is 179 tons of sediment per year from the BSB MS4 to Silver Bow Creek. (A
76% reduction from the current estimated load of 746 tons/yr.) The WLA comprises 8.5% of the
Silver Bow Creek sediment TMDL.
TSS Assumptions and Actions Specified by the TMDL: Percent reduction allocations were
developed, but the WLAs are not intended to add load limits to the permit. The WLAs are met
by adhering to the permit requirements. As identified in the permit, monitoring data should
continue to be evaluated to assess BMP performance and help determine whether and where
additional BMP implementation may be necessary.
Nutrients: The MS4 will be assigned a WLA of zero (0) lbs/day TN and TP in Silver Bow
Creek when the storm water system is not activated.
Nutrient Assumptions and Actions Specified by the TMDL: When the storm water system is
activated, the WLAs are met by adhering to the permit requirements and that monitoring can be
used to implement an adaptive management approach to minimize pollutant loads. The MS4 is
assigned a wasteload allocation of zero when the storm water system is not activated or
functioning during storm events. As required by the permit, an illicit discharge detection and
elimination program is necessary to achieve this WLA, which requires the permittees to regularly
update the storm sewer system map, showing the location and number of outfalls.
Metals: The Butte-Silver Bow MS4 and the Butte Area Superfund Site are presently addressed
in Silver Bow Creek via a composite wasteload allocation (WLA Butte) because the sections of
these areas overlap.
WLA Butte
Arsenic: 2.38 lbs/day
Cadmium: 0.07 lbs/day
Copper: 2.85 lbs/day
Lead: 1.09 lbs/day
Mercury: 0.01 lbs/day
Zinc: 36.6 lbs/day
Metals Assumptions and Actions Specified by the TMDL: The WLAs are met by adhering to
the permit requirements because the Superfund site has the goal of meeting water quality targets
in Silver Bow Creek with direction from the CERCLA program.
Name and Date of TMDL: Upper Clark Fork Phase 2 Sediment and Nutrients TMDLs and
Framework Water Quality Improvement Plan (April 2014)
Status of the TMDL: Final
Link to Main TMDL Document:
http://deq.mt.gov/Portals/112/Water/WQPB/CW AIC/TMDL/CO 1-TMDL-04a.pdf
Affected MS4s: City of Kalispell
Permit No.: MTR040000
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Pollutants of Concern: Total Phosphorus (TP), Total Nitrogen (TN), Nitrate +Nitrite,
Dissolved Oxygen (DO), Sediment, Temperature
MS4 WLAs as follows:
Nutrients: The TP WLAs are Middle Ashley Creek 15 lbs/growing season (44% reduction),
Spring Creek 13 lbs/growing season (44% reduction), and Lower Ashley Creek 54 lbs/growing
season (44% reduction). The TN WLAs are Middle Ashley Creek 292 lbs/growing season (30%
reduction), Spring Creek 269 lbs/growing season (30% reduction), and Lower Ashley Creek
1030 lbs/growing season (30% reduction). The TN TMDL for Lower Ashley Creek provides a
surrogate TMDL and allocations to address the Nitrate+ Nitrite impairment. Water quality
improvements that address excess TN loading will adherently result in decreased Nitrate +
Nitrite loading and concentrations.
Nutrient Assumptions and Actions Specified by the TMDL: The Kalispell MS4 does not
continuously discharge, and it only sporadically discharges during the dry summer growing
season. Percent reduction allocations were developed, but the WLAs are not intended to add
load limits to the permit. The WLAs are met by adhering to the permit requirements. As
identified in the permit, monitoring data should continue to be evaluated to assess BMP
performance and help determine whether and where additional BMP implementation may be
necessary.
Dissolved Oxygen: None specified for Ashley Creek and Spring Creek.
Dissolved Oxygen Assumptions and Actions Specified by the TMDL: Water quality
improvements addressed in Nutrient TMDLs will result in improved DO concentrations.
Therefore, the DO concentrations will increase by adhering to the permit requirements and
discharge volumes. As identified in the permit, monitoring data should continue to be evaluated
to assess BMP performance and help determine whether and where additional BMP
implementation may be necessary.
Sediment: The Sediment WLAs are Middle Ashley Creek 15.4 tons/year (62% reduction),
Lower Ashley Creek 46.5 tons/year (62% reduction), and Stillwater River 16.5 tons/year (62%
reduction).
Sediment Assumptions and Actions Specified by the TMDL: Percent reduction allocations
were developed, but the WLAs are not intended to add load limits to the permit. The WLAs are
met by adhering to the permit requirements. As identified in the permit, monitoring data should
continue to be evaluated to assess BMP performance and help determine whether and where
additional BMP implementation may be necessary.
Temperature: None specified for Ashley Creek and Whitefish River.
Temperature Assumptions and Actions Specified by the TMDL: The discharge temperatures
will be consistent with naturally occurring conditions by the City of Kalispell MS4 adhering to
the permit requirements. As identified in the permit, monitoring data should continue to be
evaluated to assess BMP performance and help determine whether and where additional BMP
implementation may be necessary.
Name and Date of TMDL: Flathead-Stillwater Planning Area Nutrient, Sediment, and
Temperature TMDLs and Water Quality Improvement Plan (December 2014) which references
Flathead Lake Nutrient TMDL Document (Phase 1, 2002)
Status of the TMDL: Final
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Link to Main TMDL Document:
http://deg.mt.gov/Portals/112/Water/WQPB/TMDL/PDF/FlatheadStillwater/Cl 1-TMDL-02a.pdf
Affected MS4s: City of Missoula
Pollutants of Concern: Total Nitrogen (TN), Sediment, Metals (Arsenic, Cadmium, Copper,
Lead, Iron, and Zinc)
MS4 WLAs as follows:
Nutrients: The TN WLA for Grant Creek is 0.0 lbs/day.
Nutrient Assumptions and Actions Specified by the TMDL: Percent reduction allocations
were developed, but the WLAs are not intended to add load limits to the permit. The WLAs are
met by adhering to the permit requirements. The MS4 is assigned a wasteload allocation of zero
when the storm water system is not activated or functioning during storm events. As required by
the permit, an illicit discharge detection and elimination program is necessary to achieve this
WLA, which requires the permittees to regularly update the storm sewer system map, showing
the location and number of outfalls. When the storm water system is activated, the WLAs are
met by adhering to the permit requirements and that monitoring can be used to implement an
adaptive management approach to minimize pollutant loads.
Sediment: The Sediment WLA for Grant Creek 7.8 tons/year (53% reduction).
Sediment Assumptions and Actions Specified by the TMDL: Percent reduction allocations
were developed, but the WLAs are not intended to add load limits to the permit. The WLAs are
met by adhering to the permit requirements. As identified in the permit, monitoring data should
continue to be evaluated to assess BMP performance and help determine whether and where
additional BMP implementation may be necessary.
Temperature: None specified for Grant Creek and Bitterroot River.
Temperature Assumptions and Actions Specified by the TMDL: No MS4 WLAs (except
during periods of non-storm water runoff) were developed for Grant Creek or the Bitterroot
River. To meet the intent of the TMDL goals and future recommendations, the MS4 must follow
their permit requirements, evaluate potential impacts to impaired receiving waters, and
implement Low Impact Development practices. The MS4 is assigned a wasteload allocation of
zero when the storm water system is not activated or functioning during storm events. As
required by the permit, an illicit discharge detection and elimination program is necessary to
achieve this WLA. When the storm water system is activated, the WLAs are met by adhering to
the permit requirements and that monitoring can be used to implement an adaptive management
approach to minimize pollutant loads.
Metals: The Clark Fork River (MT76M001_030, Blackfoot River to Rattlesnake Creek) WLAs
include a 55% reduction to metal loads, applicable to arsenic, cadmium, copper, iron, lead, and
zinc. This reduction equates to 0.009 lbs/day of copper, 0.0045 lbs/day of lead, and 0.00004
lbs/day of zinc. No loads for arsenic, cadmium, or iron were calculated for this stream segment.
The Clark Fork River (MT76M001_020, Rattlesnake Creek to Fish Creek) WLAs include a 40%
reduction to metal loads, applicable to copper, iron, and lead. This reduction equates to 1.1
lbs/day of copper and 0.51 lbs/day of lead. No load for iron was calculated for this stream
segment. The lead WLA for the Bitterroot River is 0.08 lbs/day (54% reduction).
Permit No.: MTR040000
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Metals Assumptions and Actions Specified by the TMDL: Percent reductions and wasteload
allocations were developed for the metals identified above in the Bitterroot River and Clark Fork
River, but the WLAs are not intended to add load limits to the permit. The WLAs are met by
adhering to the permit requirements. As identified in the permit, monitoring data should
continue to be evaluated to assess BMP performance and help determine whether and where
additional BMP implementation may be necessary.
Name and Date ofTMDL: Silver Bow Creek and Clark Fork River Metals TMDLs (May
2014); Bitterroot Watershed Total Maximum Daily Loads and Water Quality Improvement Plan
(December 2014); Bitterroot Temperature and Tributary Sediment Total Maximum Daily Loads
and Framework Water Quality Improvement Plan (August 2011); and Central Clark Fork Basin
Tributaries TMDLs and Water Quality Improvement Plan (September 2014).
Status of the TMDL: All final.
Links to Main TMDL Document:
http://deg.mt.gov/Portals/112/Water/WQPB/CW AIC/TMDL/CO 1-TMDL-05a.pdf
http://deq.mt.gov/Portals/112/Water/WQPB/TMDL/PDF/Bitterroot/C05-TMDL-04a.pdf
http:/ /deq.mt.gov/P011als/112/Water/WQPB/CW AIC/TMDL/C05-TMDL-03a.pdf
http://deg.mt.gov/Portals/112/Water/WQPB/CWAIC/TMDL/COL-TMDL-Ola.pdf