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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 Permit No.: MTR040000 Page 38 of63 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. Pennit No.: MTR040000 Page 39 of63 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 Permit No.: MTR040000 Page 40 of63 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 Permit No.: MTR040000 Page 41 of63 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. Permit No.: MTR040000 Page 42 of63 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 Permit No.: MTR040000 Page 43 of63 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. Permit No.: MTR040000 Page44 of63 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 Pennit No.: MTR040000 Page45 of63 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; Permit No.: MTR040000 Page46 of63 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. Permit No.: MTR040000 Page 47 of63 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 Permit No.: MTR040000 Page 48 of63 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 Permit No.: MTR040000 Page 49 of63 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 Permit No.: MTR040000 Page 50 of63 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 Permit No.: MTR040000 Page 51 of63 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 Pennit No.: MTR040000 Page 52 of63 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 Permit No.: MTR040000 Page 53 of63 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: Permit No.: MTR040000 Page 54 of63 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. Permit No.: MTR040000 Page 55 of63 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 Permit No.: MTR040000 Page 56 of63 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: Permit No.: MTR040000 Page 57 of63 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 Permit No.: MTR040000 Page 58 of63 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 Permit No.: MTR040000 Page 59 of63 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) Permit No.: MTR040000 Page 60 of63 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 Page 61 of63 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 Permit No.: MTR040000 Page 62 of63 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 Page 63 of63 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