HomeMy WebLinkAboutStormwater Permitr.. ^
Montana Department of
Richard H. Oppe, Governor
"..'Richard pp , Director
P.O. Box 200901 • Helena, MT 59620 -0901 • (406) 444 -2544 • www.deq.mt.gov
February 22, 2010
City of Bozeman
Attn: Chris A. Kukulski, City Manager c/o Debbie Arkell, Director of Public Service
P.O. Box 1230
Bozeman, MT 59771 -1230
Montana State University - Bozeman
Attn: Robert V. Lashaway, Associate Vice President Administration and Finance c/o
Jeff Butler, Director — Facilities Services
P.O. Box 172760
Bozeman, MT 59717
Montana Department of Transportation
Attn-. Dwane Kailey, Chief Operations Officer c/o Jeffrey M. Ebert, Butte District
Administrator
3751 Wynne Avenue, P.O. Box 3068
Butte, MT 59702 -3068
RE: Authorization Letter: City of Bozeman Small MS4; Montana State University -
Bozeman Small MS4; and, Montana Department of Transportation Small
MS4
Authorization Number MTR040002
Dear Mr. Kukulski, Mr. Lashaway, and Mr. Kailey:
The Department has reviewed your application to discharge storm water from the above
referenced municipal separate storm sewer systems and has determined that these
qualify for coverage under the Department's January 1, 2010 General Permit for Storm
Water Discharge Associated with Small Municipal Separate Storm Sewer System
(MS4), MTR040000 (General Permit). The initial application was received on
November 25, 2009, a partial revised application on January 4, 2010 and January 6,
2010, and the revised complete application on February 16, 2010. In accordance with
the provisions of the General Permit, the Department authorizes the City of Bozeman
(City), Montana State University — Bozeman (MSU), and the Montana Department of
Transportation (MDT) to discharge storm water from the above referenced Small MS4s
into the following receiving surface waters:
Spring Creek (for City);
Bozeman Creek (for City and MDT);
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remedial ion Division
Permit Authorization MTR040002
Page 2 of 3
February 22, 2010
Bridger Creek (for City);
East Gallatin River (for City and MDT);
Farmers Canal (for City and MSU);
Bear Creek (for City);
Baxter Creek (for City and MDT);
Maynard Border Ditch (for City and MDT);
Mandeville Creek (for City and MSU);
Middle Creek Ditch (for City and MSU);
West Gallatin Canal (for MSU); and,
Unnamed Ditch - West End MSU Boundary (for MSU).
The General Permit is valid only when accompanied by this authorization letter. A copy
of the General Permit is enclosed. Please take special note of the effluent limitations,
self- monitoring and reporting requirements and any special conditions in the General
Permit.
Any violation of these requirements or any other provision of the General Permit is
subject to enforcement action by the Department pursuant to the Montana Water
Quality Act.
The co- permittee's Small MS4 under this permit authorization will be those within the
permitted area as identified in the permittee's application.
Part IV.I. of the General Permit provides requirements for annual reports. Each co-
permittee must submit an annual report pertaining to their permitted Small MS4(s)
unless formal shared responsibilities allow another entity to complete your annual report
obligations for you. The annual reports must completely address all Small MS4
discharges regulated under this permit authorization. For each co- permittee's Small
MS4(s), ensure you address all required items for the annual reports as stated in the
General Permit and the standard annual reporting form, including appropriate
certifications and signatures. A new annual report submittal date of March 1St will
initiate with the report to be submitted for the 2010 calendar year.
Permittees are subject to the self- monitoring and reporting requirements stated in Part
IV of the General Permit. For the City, these requirements include monitoring two storm
water discharge sampling locations as specified in the General Permit. Discharge
Monitoring Report (DMR) forms will be sent to the contact person identified in your
application. These forms must be completed and submitted at the frequency specified
in the General Permit even if no discharge occurs during the period. All information or
reports, including DMRs that are required by the General Permit must be signed and
certified as specified in the General Permit and submitted to the Department at the
address given in the General Permit. Failure to submit DMR forms, as identified in the
General Permit, is a violation of the General Permit.
Permit Authorization MTR040002
Page 3 of 3
February 22, 2010
In accordance with Part III.A. of the General Permit, the City's, MSU's, and MDT's
SWMP must address the pollutants of concern for which the receiving water bodies are
listed on the State's 303(4) list. This discussion must specifically address Best
Management Practices that will address the pollutants of concern.
Annual fees are based on ARM 17.30.201. Annual fees are assessed for each calendar
year in which the authorization remains active.
Issuance of a permit authorization under this General Permit does not waive obligations
to obtain other permits that may be required.
This authorization is issued pursuant to the Montana Pollutant Discharge Elimination
System (MPDES) program under the authority of 75 -5 -402, MCA, of the Montana Water
Quality Act and Section 402 and 303 of the federal Clean Water Act.
Please include your permit authorization number on any correspondence or
communication with the Department. If you have any questions, feel free to contact the
Water Protection Bureau at (406) 444 -3080.
Jenq Ch tubers, Chief
Water Protection Bureau
Permitting & Compliance Division
Enclosure: General Permit MTR040000
GENERAL PERMIT
FOR
STORM WATER DISCHARGE ASSOCIATED WITH SMALL
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERMIT NUMBER MTR040000
MONTANA DEPARTMENT OF
ENVIRONMENTAL QUALITY
AUTHORIZATION TO DISCHARGE UNDER
THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM
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
Discharge Associated with Small Municipal Separate Storm Sewer System (MS4) are permitted
to discharge storm water resulting only from Small MS4s to state waters in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, III, IV,
V, and VI.
This Permit shall become effective January 1, 2010.
This Permit and the authorization to discharge shall expire at midnight, December 31, 2014.
FOR THE MONTANA DEPARTMENT
OF ENVIRONMENTAL QUALITY
Jenn mbers, Chief
Water Protection Bureau
Permitting and Compliance Division
Date:
TABLE OF CONTENTS
TABLEOF CONTENTS ................................................................................ ..............................2
APPLICABILITY ..................................................... ............................... .......4
PART I. EFFLUENT LIMITATIONS ..................................................... ..............................5
PART II. STORM WATER MANAGEMENT PROGRAM ( SWMP ) .............................6
A. Requirements ....................................................................................... ..............................6
B. Minimum Control Measures .............................................................. ..............................8
1. Public Education and Outreach on Storm Water Impacts ......... ..............................8
2. Public Involvement/Participation .................................................. ..............................9
3. Illicit Discharge Detection and Elimination (IDDE) ................... .............................10
4. Construction Site Storm Water Runoff Control ......................... .............................12
5. Post - Construction Storm Water Management in New Development and
Redevelopment........................................................................................ .............................14
6. Pollution Prevention /Good Housekeeping for Municipal Operations .................... 17
C. Qualifying Local Program ................................................................. .............................18
D. Sharing Responsibility ....................................................................... .............................18
E. Reviewing and Updating Storm Water Management Programs ... .............................19
1. Storm Water Management Program Review .............................. .............................19
2. Storm Water Management Program Updates Required by the Department ........ 19
3. Transfer of Ownership, Operational Authority, or Responsibility for Storm
Water Management Program Implementation ................................... .............................19
PART III. SPECIAL CONDITIONS ...................................................... .............................21
A.
Discharges to Water Quality Impaired Waters .................
1.
Water Quality Controls for Discharges to Impaired Waterbodies .........................21
2.
Consistency with Total Maximum Daily Load (TMDL) Allocations ......................21
PART
IV. MONITORING, RECORDING AND REPORTING REQUIREMENTS
.... 22
A.
Self - Monitoring Requirements .......................................................... .............:...............22
1.
Storm Water Discharge Monitoring ............................................. .............................22
2.
Specific Monitoring Parameters .................................................... .............................22
3.
Monitoring Location ....................................................................... .............................23
4.
Monitoring Frequency ................................................................... .............................23
5.
Sample Type .................................................................................... .............................24
6.
Evaluation of Storm Water Quality Monitoring Test Results ... .............................24
B.
Representative Sampling .................................................................. .............................25
C.
Monitoring Procedures ...................................................................... .............................25
D.
Penalties for Tampering .................................................................... .............................25
E. Reporting of Monitoring Results ....................................................... .............................26
F. Additional Monitoring by the Permittee .......................................... .............................26
G. Monitoring Records ............................................................................ .............................26
H. Retention of Records .......................................................................... .............................27
I. Annual Report ..................................................................................... .............................27
J. Changes In Small MS4 Contact Person ............................................. .............................28
K. Records For Inspection ....................................................................... .............................28
PART V. STANDARD MPDES PERMIT CONDITIONS ..................... .............................29
A. Duty to Comply ................................................................................... .............................29
B. Duty to Reapply .................................................................................. .............................29
C. Need to Halt or Reduce Activity not a Defense ................................ .............................29
D. Duty to Mitigate .................................................................................. .............................29
E. Proper Operation and Maintenance ................................................. .............................29
F. Permit Actions ..................................................................................... .............................29
G.
Property Rights ................................................................................... .............................29
H.
Duty to Provide Information ............................................................. .............................30
I.
Inspection and Entry .......................................................................... .............................30
J.
Monitoring and Records (See Part IV of the General Permit) ....... .............................30
K.
Signatory and Certification Requirements ...................................... .............................30
L.
Planned Changes ................................................................................. .............................31
M.
Anticipated Noncompliance ............................................................... .............................32
N.
Permit Transfers ................................................................................. .............................32
O.
Monitoring Reports - (See Part IV of the General Permit) ............ .............................32
P.
Compliance Schedules ........................................................................ .............................32
Q.
Twenty -Four Hour Reporting ........................................................... .............................32
R.
Other Noncompliance ......................................................................... .............................33
S.
Other Information .............................................................................. .............................33
T.
Bypass of Treatment Facilities .......................................................... .............................33
U.
Upset .................................................................................................... .............................34
V.
Penalties for Violations of Permit Conditions .................................. .............................34
W.
Penalties for Falsification of Reports ................................................ .............................34
X.
Oil and Hazardous Substance Liability ............................................ .............................34
Y.
Severability .......................................................................................... .............................35
Z.
Reopener Provision ............................................................................. .............................35
AA. Fees ....................................................................................................... .............................35
PARTVI. DEFINITIONS ........................................................................ .............................36
Page 4 of 38
Permit No.: MTR040000
APPLICABILITY
MPDES General Permit MTR040000 is a second - 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 regulates storm water discharges from Small MS4s. To elaborate, ARM
17.30.1103(1)(d) requires MPDES permit coverage for Small MS4s that are identified in ARM
17.30.1102(23) or designated pursuant to ARM 17.30.1105. Regulated Small MS4s are required
to apply for, and obtain, authorization for the discharge of storm water into state waters. This
permit does not authorize, or supersede permitting requirements for, "storm water discharge
associated with construction activity" as defined in ARM 17.30.1102(28), "storm water discharge
associated with industrial activity" as defined in ARM 17.30.1102(29), "storm water discharge
associated with mining and oil and gas activity" as defined in ARM 17.30.1102(30), or storm water
discharges required or covered under another MPDES permit.
Page 5 of 38
Permit No.: MTR040000
PART 1. EFFLUENT LIMITATIONS
Effective immediately upon issuance of an authorization under this General Permit and lasting
through the General Permit's 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. No discharge of storm water containing pollutants from process wastewater streams
may occur under this General Permit.
B. 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.
C. 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 Storm Water Management Program (SWMP).
Management practices defined within the SWMP must help eliminate or minimize the
discharge of pollutants to state waters.
D. 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 (MS4), the permittee was required to develop, implement,
and enforce a SWMP, as stated in Part II of that General Permit, no later than the
December 31, 2009 expiration date. This requirement is still valid and binding under
this reissued January 1, 2010 to December 31, 2014 General Permit for Storm Water
Discharge Associated with Small Municipal Separate Storm Sewer System (MS4),
although for the few new inclusions or revisions to the SWMP as stated in Part II of
this reissued General Permit, the permittee must develop, implement, and enforce
those additional or revised components no later than January 1, 2012.
E. For any regulated Small MS4s which have been designated through ARM
17.30.1102(23) and have never been authorized, the permittee must develop,
implement, and enforce a SWMP, as stated in Part II of the General Permit, no later
than five years from the initial date of permit authorization.
Page 6 of 38
Permit No.: MTR040000
PART II. STORM WATER MANAGEMENT PROGRAM (SWMP)
A. Requirements
Permittees shall develop, implement, and enforce a Storm Water Management Program
(SWMP) designed to reduce the discharge of pollutants from the permitted Small MS4
to the maximum extent practicable (MEP), to protect water quality, and to satisfy the
appropriate water quality requirements of the Montana Water Quality Act.
Implementation of Best Management Practices (BMPs) consistent with the provisions of
the SWMP and the requirements in this General Permit shall constitute compliance with
the requirement of reducing pollutants to the MEP. The SWMP must include
management practices, control techniques, systems, designs, good standard engineering
practices, and such other provisions necessary for the control of such pollutants. The
Application Form for a new Small MS4 authorization (never been authorized) under the
General Permit requires the following information for each of the six minimum control
measures described in Part II.B.:
a. The BMPs that the permittee or another entity will implement for each of the six
storm water minimum control measures;
b. The measurable goals for each of the BMPs including, as appropriate, the months
and years in which the permittee will undertake required actions, including interim
milestones and the frequency of the action; and
c. The person or persons (or position(s)) responsible for implementing or coordinating
the BMPs for the SWMP.
Another type of Application Form is used for the "reapplication" (renewal of
authorizations) under subsequent General Permits, and is slightly different than the
original Application Form in that it does not typically include a resubmittal of the items
in Parts II.A. La., b., and c. above. For "reapplications ", the Application Form and
instructions state required inclusions.
Permittees can refer to the Department website for a link to EPA's Menu of BMPs for
use in the development and implementation of the SWMP. Additionally, permittees can
refer to EPA's January 2007 "MS4 Program Evaluation Guidance" for typical
compliance expectations for the SWMP.
The Department encourages permittees to utilize the vast amount of guidance developed
by the EPA and others around the country with respect to BMPs. In Montana, due to
numerous factors (the amount of information available nationally and from EPA, the
geographic variability, the climate variability, the geology and topography variability, a
relatively low population, a relatively low amount of industrial activity, a relatively low
amount of permitted MS4s and respective drainage areas, a relatively low amount of
significant historical storm water - related pollution problems, a relatively low amount of
precipitation, and to promote flexibility for new technologies, new ideas, and local input)
Page 7 of 38
Permit No.: MTR040000
the Department does not utilize a customized Montana- specific storm water BMP
manual at this time. Similarly, the Department has no list of approved BMPs specific to
Montana at this time.
Permittees can also look up information about various MPDES permits in their area,
including Department- issued storm water construction, industrial, and mining permit
authorizations by referencing the EPA "ECHO" website, which as of the issuance of this
General Permit, may be found at http: / /www.epa-
echo.gov /echo / compliance _report_water_icp.html
Small MS4 permitting information, forms, and links may be accessed through the
Department's internet homepage: http: / /www.deq.mt.gov
2. In addition to the requirements listed above, the permittee shall maintain documentation
describing how and why each of the BMPs and measurable goals for the SWMP was
selected. The information required for such documentation is given in Part II.B. for each
minimum control measure.
Page 8 of 38
Permit No.: MTR040000
B. Minimum Control Measures
The six minimum control measures that must be included in the Storm Water Management
Program are:
1. Public Education and Outreach on Storm Water Impacts
a. The permittee shall implement a public education program to distribute educational
materials to the community or conduct equivalent outreach activities about the
impacts of storm water discharges on waterbodies and the steps that the public can
take to reduce pollutants in storm water runoff.
b. The permittee shall maintain documentation with respect to the development of a
storm water public education and outreach program. This documentation must
address both the overall public education program and the individual BMPs,
measurable goals and responsible persons /positions for the program. This
documentation must include the following information, at a minimum:
i. Identify how the permittee plans to inform individuals and households about the
steps they can take to reduce storm water pollution.
ii. Identify how the permittee plans to inform individuals and groups on how to
become involved with the SWMP (with activities such as local stream and beach
restoration activities).
iii. Identify the target audiences for the education program which are likely to have
significant storm water impacts (including commercial, industrial, and
institutional entities) and why those target audiences were selected.
iv. Identify the target pollutant sources the public education program is designed to
address.
v. Identify the outreach strategy, including the mechanisms (e.g., printed brochures,
newspapers, media, workshops, etc.) to be used to reach the target audiences, and
how many people are expected to be reached by the outreach strategy over the
General Permit term.
vi. Identify who is responsible for overall management and implementation of the
storm water public education and outreach program and, if different, who is
responsible for each of the BMPs identified for this program.
vii. Identify how the success of this minimum control measure will be evaluated,
including how the measurable goals for each of the BMPs were selected.
Page 9 of 38
Permit No.: MTR040000
2. Public Involvement/Participation
a. The permittee shall at a minimum, comply with State, Tribal, and local public notice
requirements when implementing a public involvement/participation program.
b. The permittee shall maintain documentation with respect to the development of a
storm water public involvement/participation program. This documentation must
address both the overall public involvement/participation program and the individual
BMPs, measurable goals, and responsible persons /positions for this program. This
documentation must include the following information, at a minimum:
i. Identify how the public was involved in the development and submittal of the
permit application and the SWMP.
ii. Identify plans to actively involve the public in the development and
implementation of the SWMP.
iii. Identify the target audiences for the public involvement program, including a
description of the types of ethnic and economic groups engaged. The permittee
is encouraged to actively involve all potentially affected stakeholder groups,
including commercial and industrial businesses, trade associations,
environmental groups, homeowners associations, and educational organizations,
among others.
iv. Identify the types of public involvement activities included in this program.
Where appropriate, consider the following types of pubic involvement activities:
(a) Citizen representatives on a storm water management panel;
(b) Public hearings;
(c) Working with citizen volunteers willing to educate others about the program;
and
(d) Volunteer monitoring or stream/beach clean-up activities.
v. Identify who is responsible for the overall management and implementation of
the storm water public involvement/participation program and, if different, who
is responsible for each of the BMPs identified for this program.
vi. Identify how the success of this minimum control measure will be evaluated,
including how the measurable goals for each of the BMPs were selected.
Page 10 of 38
Permit No.: MTR040000
3. Illicit Discharge Detection and Elimination (IDDE)
a. The permittee shall:
i. Develop, implement and enforce a program to detect and eliminate illicit
discharges (as defined in ARM 17.30.1102(7)) into the permitted Small MS4;
ii. Develop, and keep updated, a storm sewer system map, showing the location and
number of all outfalls (as defined in ARM 17.30.1102(14) and Part VI. of this
General Permit), and the names and location of all surface waters that receive
discharges from those outfalls. Development of this map to accommodate the
provisions of a complete IDDE program and the SWMP would typically include
mapping storm sewer system components including inlets, open channels,
subsurface conduits /pipes, dry wells (discharges to ground water directly), and
other similar discrete conveyances. The permittee must provide a copy of the
developed map(s) or any updates to the Department with the next annual report
required under Part IV.I.;
NOTE: To differentiate between the terms "municipal separate storm sewer"
and "surface water ", and only for the purposes of determining "outfall "
locations with respect to Part H..B.3. of this General Permit, the
Department provides the following clarification. If the ephemeral
stream (drainage) has been used (altered, constructed, depended upon,
maintained, etc.) to manage rainfall or snowmelt storm water runoff
from any areas developed for any purpose, then consider it part of the
"municipal separate storm sewer ". Also, natural ephemeral streams
which drain into the aforementioned storm water conveyances in the
preceding sentence would also need to be considered part of the
"municipal separate storm sewer ". Other natural and unaltered
ephemeral streams which do not drain from any areas developed for any
purpose, and which drain directly into downgradient intermittent (has a
ground water component) surface waters or into perennial surface
waters would not be considered apart of the "municipal separate storm
sewer ". Of course, downgradient intermittent and perennial surface
waters are not considered apart of the "municipal separate storm
sewer "for the purposes of determining "outfall " locations.
Consequently, formal "outfall" locations would then be where
"municipal separate storm sewer" components discharge into
downgradient perennial waterbodies, intermittent waterbodies, or
natural and unaltered ephemeral streams which do not drain from any
areas developed for any purpose.
Another helpful consideration is that natural or manmade conveyance
structures used solely for transporting storm water which originates
within the designated MS4 are not "surface water". An outfall is the
physical location where these conveyance structures discharge
Page 11 of 38
Permit No.: MTR040000
pollutants or storm water into surface water or where they leave the
boundary of the designated MS4.
iii. To the extent allowable under State, Tribal or local law, effectively prohibit,
through ordinance, or other regulatory mechanism, non -storm water discharges
(except those listed under Part II.B.3.a.vi. below) into the permitted storm sewer
system and implement appropriate enforcement procedures and actions;
iv. Develop and implement a plan to detect and address non -storm water discharges,
including illegal dumping, to the permitted system;
v. Inform public employees, businesses, and the general public of hazards
associated with illegal discharges and improper disposal of waste; and
vi. Address the following categories of non -storm water discharges or flows (i.e.,
illicit discharges) only if the permittee identifies them as significant contributors
of pollutants to the Small MS4: water line flushing, landscape irrigation, diverted
stream flows, rising ground waters, uncontaminated ground 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 fire fighting 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).
vii. The permittee may also develop a list of other similar 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 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.). The permittee must document, as a part of the SWMP, any
local controls or conditions placed on these discharges. The permittee must
include a provision prohibiting any individual non -storm water discharge that is
determined to be contributing significant amounts of pollutants to the Small
MS4.
b. The permittee shall maintain documentation with respect to the development of a
storm water IDDE program. This documentation must address both the overall
IDDE program and the individual BMPs, measurable goals, and responsible
persons /positions for this program. This documentation must include the following
information, at a minimum:
i. Identify how a storm sewer map was developed. Describe the sources of
information used for the maps, and how verifying the outfall locations and storm
Page 12 of 38
Permit No.: MTR040000
sewer system components with field surveys was performed. Also, describe how
the map will be regularly updated.
ii. Identify the mechanism (ordinance or other regulatory mechanism) used to
effectively prohibit illicit discharges into the Small MS4 and why that
mechanism was chosen.
iii. Identify the appropriate enforcement procedures and actions which are used to
ensure the illicit discharge ordinance (or other regulatory mechanism) is
implemented.
iv. Identify the plan to detect and address illicit discharges to the system, including
discharges from illegal dumping and spills. This plan must include documented
procedures for screening outfalls, including frequency. The plan must include
dry weather field screening for non -storm water flows and field tests of selected
chemical parameters as indicators of discharge sources. The plan must also
address on -site sewage disposal systems that flow into the storm drainage
system. The descriptionmust address the following, at a minimum:
(a) Procedures for locating priority areas which include areas with higher
likelihood of illicit connections (e.g., areas with older sanitary sewer lines,
for example) and/or ambient sampling to locate impacted reaches.
(b) Procedures for tracing the source of an illicit discharge, including the specific
techniques the permittee will use to detect the location of the source.
(c) Procedures for removing the source of the illicit discharge.
(d) Procedures for program evaluation and assessment.
v. Identify the plan to inform public employees, businesses, and the general public
of hazards associated with illegal discharges and improper disposal of waste.
Include in this description how this plan will coordinate with the public
education minimum control measure and the pollution prevention/good
housekeeping minimum control measure programs. This plan must identify
measures to train pertinent municipal employees on the illicit discharge program.
vi. Identify who is responsible for overall management and implementation of the
storm water illicit discharge detection and elimination program and, if different,
who is responsible for each of the BMPs identified for this program.
vii. Identify how the success of this minimum control measure will be evaluated,
including how the measurable goals for each of the BMPs were selected.
4. Construction Site Storm Water Runoff Control
a. The permittee shall develop, implement, and enforce a program to reduce pollutants
in any storm water runoff to the permitted Small MS4 from construction activities
Page 13 of 38
Permit No.: MTR040000
that result in a land disturbance of greater than or equal to one acre. Reduction of
storm water discharges from construction activity disturbing less than one acre must
be included in the program if that 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 associated with
construction activity that disturbs less than five acres of total land area in accordance
with ARM 17.30.1105(5), the Small MS4 permittee is not required to develop,
implement, and/or enforce a program to reduce pollutant discharges from such sites.
The program must include the development and implementation of, at a minimum:
i. An ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under
State, Tribal, or local law;
ii. Requirements for construction site operators to implement appropriate erosion
and sediment control BMPs;
iii. Requirements for construction site operators to control waste such as discarded
building materials, concrete truck washout, chemicals, litter, and sanitary waste
at the construction site that may cause adverse impacts to water quality;
iv. Procedures for the Small MS4 permittee to perform site plan review (i.e. the
Storm Water Pollution Prevention Plan (SWPPP)) for consistency 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;
v. Procedures for receipt and consideration of information submitted by the public;
and
vi. Procedures for the Small MS4 permittee to perform site inspection and
enforcement, in part based upon the site plan in Part II.B.4.a.iv., of erosion,
sediment, and waste control BMPs.
b. The permittee shall maintain documentation with respect to the development of a
construction site storm water control program. This documentation must address
both the overall construction site storm water control program, and the individual
BMPs, measurable goals, and responsible persons /positions for the program. This
documentation must include the following information, at a minimum:
Identify the mechanism (ordinance or other regulatory mechanism) which will be
used to require erosion and sediment controls at construction sites and why this
mechanism was chosen.
ii. Identify the plan to ensure compliance with the erosion and sediment control
regulatory mechanism, including the sanctions and enforcement mechanisms to
be used to ensure compliance. Describe the procedures for when certain
sanctions will be used. Possible sanctions include non - monetary penalties (such
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Permit No.: MTR040000
as stop work orders), fines, bonding requirements, and/or permit denials for
non - compliance.
iii. Identify the requirements for construction site operators to implement appropriate
erosion and sediment control BMPs and control waste at construction sites that
may cause adverse impacts to water quality. Such waste includes, but is not
limited to, discarded building materials, concrete truck washouts, chemicals,
litter, and sanitary waste.
iv. Identify the procedures for site plan review, including the review of
pre - construction site plans, which incorporate considerations of potential water
quality impacts and appropriate storm water pollution prevention BMPs.
Describe procedures and the rationale for how certain sites for site plan review
will be determined, if not all plans are to be reviewed. Describe the estimated
number and percentage of sites which will have pre- construction site plans
reviewed.
v. Identify the procedures for receipt and consideration of information submitted by
the public. Consider coordinating this requirement with the public education
program.
vi. Identify procedures for site inspection and enforcement of control measures,
including how sites for inspection will be selected and prioritized.
vii. Identify who is responsible for overall management and implementation of the
construction site storm water control program and, if different, who is
responsible for each of the BMPs identified for this program.
viii. Identify how the success of this minimum control measure will be evaluated,
including how the measurable goals for each of the BMPs were selected.
ix. Identify measures to train pertinent municipal employees on the construction
program
5. Post - Construction Storm Water Management in New Development and
Redevelopment
a. The permittee shall:
i. Develop, implement, and enforce a program to address storm water runoff from
new development and redevelopment projects that disturb greater than or equal to
one acre, including projects less than one acre that are part of a larger common
plan of development or sale, that discharge into the permitted Small MS4. This
program must ensure that controls are in place that would prevent or minimize
water quality impacts;
ii. Develop and implement strategies which include a combination of structural
and/or non - structural BMPs appropriate for the community;
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iii. Use an ordinance or other regulatory mechanism to address post - construction
runoff from new development and redevelopment projects to the extent allowable
under State, Tribal or local law;
iv. Ensure adequate long -term operation and maintenance of BMPs;
v. Develop and implement procedures for the Small MS4 permittee to perform site
plan review which incorporates consideration of potential water quality impacts
including appropriate post - construction BMPs; and,
vi. Develop and implement procedures for the Small MS4 permittee to perform site
inspection and enforcement of post - construction BMPs.
vii. For new development or redevelopment projects greater than or equal to
one acre, the program shall include a process, where such practices are
practicable, to require the implementation of low impact development practices
that infiltrate, evapotranspire, or capture for reuse the runoff generated from the
first 0.5 inches of rainfall from a 24 -hour storm preceded by 48 hours of no
measurable precipitation. This process must be in place by January 1, 2012.
b. The permittee shall maintain documentation with respect to the decision process used
for the development of a post - construction storm water program. This
documentation must address both the overall post- construction storm water program
and the individual BMPs, measurable goals, and responsible persons /positions for
the program. This documentation must include the following information, at a
minimum:
i. Identify how the program to address storm water runoff from new development
and redevelopment projects was developed. Include in this description any
specific priority areas for this program.
ii. Identify how the program will be specifically tailored to the local community, to
minimize water quality impacts, and to attempt to maintain pre - development
runoff conditions and hydrology. This includes the process, where such practices
are practicable, to implement low impact development practices that
infiltrate, evapotranspire, or capture for reuse the runoff generated from the first
0.5 inches of rainfall from a 24 -hour storm preceded by 48 hours of no
measurable precipitation.
iii. Identify any non - structural BMPs in the program, including, as appropriate:
(a) Policies and ordinances that provide requirements and standards to direct
growth to identified areas, protect sensitive areas such as wetlands and
riparian areas, maintain and /or increase open space (including a dedicated
funding source for open space acquisition), provide buffers along sensitive
waterbodies, minimize impervious surfaces, and minimize disturbance of
soils and vegetation;
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(b) Policies or ordinances that encourage infill development in higher density
urban areas, and areas with existing storm sewer infrastructure;
(c) Education programs for developers and the public about project designs that
minimize water quality impacts; and
(d) Other measures such as minimization of the percentage of impervious area
after development, use of measures to minimize directly - connected
impervious areas, and source control measures often thought of as good
housekeeping, preventive maintenance, and spill prevention.
iv. Identify any structural BMPs in the program, including, as appropriate:
(a) Storage practices such as wet ponds and extended - detention outlet structures;
(b) Filtration practices such as grassed swales, bioretention cells, sand filters and
filter strips; and
(c) Infiltration practices such as infiltration basins and infiltration trenches.
v. Identify the mechanisms (ordinance or other regulatory mechanisms) which will
be used to address post - construction runoff from new developments and
redevelopments and why that mechanism was chosen. If a mechanism needs to
be developed, describe the plan and a schedule to do so. If the ordinance or
regulatory mechanism is already developed, include a copy of the relevant
sections with the program.
vi. Identify how the long -term operation and maintenance (O &M) of the selected
BMPs will be ensured. Options to help ensure that future O &M responsibilities
are clearly identified include an agreement between the permittee and another
party such as the post- development landowners or regional authorities.
vii. Identify who is responsible for the overall management and implementation of
the post - construction storm water program and, if different, who is responsible
for each of the BMPs identified for this program.
viii.Identify how the success of this minimum control measure will be evaluated,
including how the measurable goals for each of the BMPs were selected.
ix. Identify the procedures for site plan review of post- construction storm water
management BMPs which incorporate considerations of potential water quality
impacts. Describe procedures and the rationale for how certain sites for site plan
review will be determined, if not all plans are to be reviewed. Describe the
estimated number and percentage of site plan reviews to be performed.
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Permit No.: MTR040000
x. Identify procedures for site inspection and enforcement of post - construction
storm water management BMPs, including how sites for inspection will be
selected and prioritized. Inspections must include an evaluation of whether
BMPs were built properly and are being maintained properly.
6. Pollution Prevention /Good Housekeeping for Municipal Operations
a. The permittee shall:
i. Develop and implement an operation and maintenance program which includes a
training component, and has the ultimate goal of preventing or reducing pollutant
runoff from municipal operations; and
ii. Using training materials available from EPA, the State of Montana, the Tribe, or
other organizations, the program must include employee training to prevent and
reduce storm water pollution from activities such as park and open space
maintenance, vehicle fleet and building maintenance, new construction and land
disturbances, and storm water system maintenance.
b. The permittee shall maintain documentation with respect to the decision process for
the development of a pollution prevention/good housekeeping program for municipal
operations. This documentation must address both the overall pollution
prevention/good housekeeping program and the individual BMPs, measurable goals,
and responsible persons /positions for the program. This documentation must include
the following information, at a minimum:
Identify the operation and maintenance program to prevent or reduce pollutant
runoff from municipal operations. The program must specifically list the
municipal operations which are impacted by this operation and maintenance
program. The permittee shall also include a list of facilities or activities
(excluding construction) which are owned or operated by the permittee that are
subject to the Department's other MPDES storm water discharge permits, and
which discharge into the permitted Small MS4. Include the Department's
MPDES permit number for each facility or activity.
ii. Identify the municipal government employee training program, including
frequency, which will be used to prevent and reduce storm water pollution from
activities such as park and open space maintenance, vehicle fleet and building
maintenance, new construction and land disturbances, and storm water system
maintenance. Describe any existing, available materials which are planned to be
used. Describe how this training program will be coordinated with the outreach
programs developed for the public information minimum control measure and
the illicit discharge minimum control measure.
iii. The program description must specifically address the following areas:
(a) Maintenance activities, maintenance schedules, and long -term inspection
procedures (including frequency) for controls to reduce floatables and other
pollutants to the permitted Small MS4.
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(b) Controls for reducing or eliminating the discharge of pollutants from streets,
roads, highways, municipal parking lots, maintenance and storage yards,
waste handling and disposal areas, vehicle fleet or maintenance shops with
outdoor storage areas, salt/sand storage locations, and snow disposal areas
operated by the permittee.
(c) Procedures for the proper disposal of waste removed from the permitted
Small MS4 through the permittee's municipal operations, including dredge
spoil, accumulated sediments, floatables, catch basin cleaning, and other
debris.
(d) Procedures to ensure that new flood management projects are assessed for
impacts on water quality and existing projects are assessed for incorporation
of additional water quality protection devices or practices.
iv. Identify who is responsible for overall management and implementation of the
pollution prevention/good housekeeping program and, if different, who is
responsible for each of the BMPs identified for this program.
v. Identify how the success of this minimum control measure will be evaluated,
including how the measurable goals for each of the BMPs were selected.
C. 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 minimum control measure
requirements stated in Part II.B.
D. Sharing Responsibility
Implementation of one or more of the minimum control measures may be shared with
another entity, or the entity may fully take over the measure. The permittee may rely on
another entity only if.
1. The other entity, in fact, implements the control measure;
2. The particular control measure, or component of that measure, is at least as stringent as
the corresponding permit requirement.
3. The other entity agrees to implement the control measure on the permittee's behalf.
Written acceptance of this obligation is required. This obligation must be maintained as
part of the description of the permittee's SWMP. If the other entity agrees to report on
the minimum control measure, the permittee must supply the other entity with the
reporting requirements contained in this General Permit. If the other entity fails to
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Permit No.: MTR040000
implement the control measure on the permittee's behalf, then the permittee remains
liable for any discharges due to that failure to implement.
E. Reviewing and Updating Storm Water Management Programs
1. Storm Water Management Program Review
The permittee must do an annual review of their SWMP in conjunction with preparation
of the annual report required under Part IV. I.
2. Storm Water Management Program Updates Required by the Department
The Department may require changes to the SWMP as needed to:
a. Address impacts on receiving water quality caused, or contributed to, by discharges
from the Small MS4;
b. Include more stringent requirements necessary to comply with new federal statutory
or regulatory requirements; or
Include such other conditions deemed necessary by the Department to comply with
the goals and requirements of the Montana Water Quality Act.
d. Changes requested by the Department must be made in writing, set forth the time
schedule for the permittee to develop the changes, and offer the permittee the
opportunity to propose alternative program changes to meet the objective of the
requested modification. All changes required by the Department will be made in
accordance with ARM 17.30.1365, ARM 17.30.1361, or as appropriate ARM
17.30.1362.
3. Transfer of Ownership, Operational Authority, or Responsibility for Storm Water
Management Program 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 practicable, but no
later than one year from addition of the new areas. Implementation may be
accomplished in a phased manner to allow additional time for controls that cannot be
implemented immediately.
a. 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 affected areas. The plan may include schedules for implementation.
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Permit No.: MTR040000
Information on all new annexed areas and any resulting updates required to the
SWMP must be included in the annual report.
b. Only those portions of the SWMP specifically required as permit conditions shall be
subject to the modification requirements of ARM 17.30.1365. Addition of
components, controls, or requirements by the permittee and replacement of an
ineffective or infeasible BMP implementing a required component of the SWMP
with an alternate BMP expected to achieve the goals of the original BMP shall be
considered minor changes to the SWMP and not modifications to the permit.
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Permit No.: MTR040000
PART III. SPECIAL CONDITIONS
A. Discharges to Water Quality Impaired Waters
1. Water Quality Controls for Discharges to Impaired Waterbodies
The permittee's SWMP must include a section describing how the SWMP will control
discharges of pollutants of concern and ensure storm water discharges will not cause or
contribute to instream exceedances of water quality standards. This discussion must
specifically identify measures and BMPs that will collectively control the discharges of
pollutants of concern. Information on impaired waterbodies may be obtained from the
Department or from the Montana DEQ website: http: / /cwaic.mt.gov/
2. Consistency with Total Maximum Daily Load (TMDL) Allocations
If a TMDL has been approved for any waterbody into which the permittee discharges
storm water, and the TMDL considered and addressed MPDES- regulated storm water
discharges, then the Department shall incorporate the Waste Load Allocation, as
applicable, into the permittee's permit as required by 75 -5 -703, MCA.
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Permit No.: MTR040000
PART IV. MONITORING, RECORDING AND REPORTING
REQUIREMENTS
A. Self- Monitoring Requirements
Storm water monitoring requirements contained in this General Permit must initiate on the
effective date of authorization issued under this General Permit, or 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. Factors which may trigger
additional monitoring requirements could include, but are not limited to: atypical discharges
into the Small MS4; SWMP development, implementation, and enforcement effectiveness;
storm water quality issues; potential contamination issues; historical issues; compliance
issues; new requirements; or other water quality issues.
1. Storm Water Discharge Monitoring
The cities of Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula 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.
These samples must be obtained within the city limits of each of the above cities,
regardless of whether the cities are co- permitted with others such as the county.
2. Specific Monitoring Parameters
For Small MS4 permittees stated in Part IV.A.I ., the standard required monitoring
parameters are listed in Table 1.
Table 1. Small MS4 Monitoring Requirements
Parameter
Frequency
Type
Total Suspended Solids (TSS), mg/L
Semiannual
Grab or Composite
Chemical Oxygen Demand (COD), mg/L
Semiannual
Grab or Composite
Total Phosphorus, mg /L
Semiannual
Grab or Composite
Total Nitrogen, mg/L
Semiannual
Grab or Composite
pH, standard units
Semiannual
Instantaneous
Copper, mg/L
Semiannual
Grab or Composite
Lead, mg /L
Semiannual
Grab or Composite
Zinc, mg/L
Semiannual
Grab or Composite
Estimated Flow, gpm
Semiannual
Instantaneous
Oil and Grease'), mg/L
Semiannual
Grab
(1) Detection limits are pursuant to levels defined in WQB -7.
(2) Total recoverable methods to be used on all metals.
(3) See Definitions in Part V1. of this General Permit.
(4) Estimated flow rates are appropriate in cases where measurement gauges are not installed.
(5) Hexanes extraction (EPA Method 1664A).
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Permit No.: MTR040000
3. Monitoring Location
a. For each half -year monitoring period, each of the identified Small MS4 permittees in
Part IV.A.1. must sample at the following locations within the permitted geographic
area:
i. a discharge point which represents storm water runoff drainage areas from a
relatively commercial and/or industrial area; and,
ii. a discharge point which represents storm water runoff drainage areas from a
relatively residential area.
b. The formal names for the initially selected sampling locations must be consistently
identified as "001 A" for the industrial /commercial location, and "002A" for the
residential location. If a new sampling location is necessary to replace the initially
selected location, then a new unused and unique identifying outfall name /number
will be assigned by the Department.
4. Monitoring Frequency
a. Except as stated in Part IV.A.4.b., 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. One set of samples must be taken between January 1st and
June 30th of each permitted calendar year and the other set between July 1st and
December 31st. Samples must not be collected from back -to -back storm events.
b. All permittees required to monitor must be able to dependably collect samples during
each six month monitoring period. In order to help ensure the consistent and routine
accumulation of required monitoring information at identified outfalls, as well as
obtaining grab samples within the first thirty minutes of the discharge, pennittees are
encouraged to use automatic samplers at the two required monitoring locations. The
use of automatic samplers may be required by the Department due to non - compliance.
c. To ensure consistent and complete sampling throughout the General Permit cycle:
i. If a permittee is not able to dependably obtain a sample at the identified required
sampling outfall during a six -month monitoring period due to a reported lack of
storm water runoff, then a new sampling location must be obtained with dependable
storm water runoff.
ii If a permittee fails to obtain the required sample or reports "No Discharge" on the
Discharge Monitoring Report form at a particular outfall for two consecutive six -
month monitoring periods or for three total six -month monitoring periods during
the General Permit cycle, then the permittee must obtain a new monitoring location
outfall prior to the next regularly scheduled sampling period. This new outfall
monitoring location will be identified by the permittee with a new unique and
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Permit No.: MTR040000
previously unused outfall name /number which will be assigned by the Department.
The new outfall monitoring location must be indicated on updated SWMP
documentation. The Department must be provided with a copy of the outfall
location and respective drainage area on an updated MS4 map.
iii. If a permittee fails to obtain the required sample or reports "No Discharge" on the
Discharge Monitoring Report form at a particular outfall for any six -month
monitoring period and for any reason during the General Permit cycle, then the
permittee must collect a substitute sample during the subsequent six -month
monitoring period in addition to their regularly scheduled sample. The substitute
sample must be collected from a different storm event from the regularly scheduled
sample. In making up the missed sampling event, all pertinent sampling,
monitoring, reporting, and recordkeeping requirements shall still apply. For the
purposes of meeting this permit requirement, a "different storm event" means
rainfall events separated by at least 48 hours of no measurable precipitation.
d. For new authorizations issued under this General Permit, the first required
monitoring period must be the first complete Discharge Monitoring Report (see Part
IV.E.) period following the date the authorization was issued.
5. Sample Type
For all discharges, sampling data must typically be obtained by collecting a grab sample.
The grab sample must be taken during the first thirty minutes of the discharge. If a grab
sample is not taken within the first thirty minutes of the discharge, the permittee shall
maintain with the monitoring records required in Part IV.G. of this General Permit a
written description of why the collection of a grab sample was impracticable during the
first thirty minutes.
A composite sample may be required by the Department on a case -by -case basis. If
required, composite samples shall either be flow - weighted or time - weighted.
6. Evaluation of Storm Water Quality Monitoring Test Results
Upon the completion of each sampling event, and upon receipt of the sampling test results
by the permittee, the permittee shall evaluate each parameter test result by:
a. comparison with the pertinent median concentration in Table 2 below;
b. comparing the pH value to the desired range of 6 to 9 standard units; and
c. comparing the Oil & Grease concentration with the receiving water standard of 10
mg /L.
If there is an exceedance of the median concentration, the acceptable pH range, or the oil &
grease standard value, the permittee shall evaluate the source and reason for this, and
consider additional BMPs and/or other management measures which may need to be
initiated to improve the quality of storm water discharges. These measures must be
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Permit No.: MTR040000
implemented as necessary and updated in the SWMP as required in Part II.E. A summary
of the evaluation of storm water quality data, including the results of the above
comparisons, and additional BMPs and/or other measures which may be necessary must be
submitted in addition to the annual report form required to be submitted to the Department
in Part IV.I.
Table 2. Median Concentrations
Parameter, units
Median
Concentration
Total Suspended Solids, mg/L
125
Chemical Oxygen Demand, mg/L
80
Total Phosphorus, mg/L
0.41
Total Nitrogen, mg/L
2.00
Total Copper, mg/L
0.040
Total Lead, mg/L
0.165
Total Zinc, mg/L
0.210
Source: EPA Environmental Impacts ofStormwater Discharges: A National Profile, published
June 1992 (Nationwide Urban Runoff Program (NURP))
B. Representative Sampling
Samples and measurements taken for the purpose of monitoring under Part IV. must be
representative of the volume and nature of the monitored discharge. A sample location must
be selected such that it is a representative location for the storm water runoff drainage area
within the Small MS4. Samples of the storm water discharge must be obtained prior to the
storm water discharge mixing with water from the receiving intermittent or perennial
waterbody.
C. Monitoring Procedures
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.
D. 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.
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Permit No.: MTR040000
E. Reporting of Monitoring Results
Discharge monitoring results must be recorded on Discharge Monitoring Report (DMR)
forms provided by the Department. The permittee shall complete and submit to the
Department a DMR form for each point source outfall requiring monitoring. If sampling
was not completed for any reason, it must be noted on the DMR form.
2. Results of the self - monitoring must be reported semiannually on the DMR form to the
Department, postmarked no later than the 28th day of the month following the half -year
reporting period; the due date of one semiannual report is July 28th and the due date of
the other semiannual report is January 28th. DMR forms must be submitted to the
following address:
Montana Department of Environmental Quality
Water Protection Bureau
P.O. Box 200901
Helena, Montana 59620 -0901
Phone: (406) 444 -3080
All reports, notifications, and inquiries regarding the conditions of this General Permit must
be submitted to the Department at the above address, and must comply with the signatory
requirements stated in Part V.K.2.
F. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than required by this General Permit,
using approved analytical methods as specified in this General Permit, the results of this
monitoring must be included in the reporting of the data submitted in the DMR. Such
increased frequency must also be indicated.
G. 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;
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:
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Permit No.: MTR040000
i. The date(s) analyses were performed;
ii. The time analyses were initiated;
iii. The initials or name(s) of individual(s) who performed the analyses;
iv. References and written procedures, when available, for the analytical techniques or
methods used; and
v. The results of such analyses, including the bench sheets, instrument readouts,
computer disks or tapes, etc. used to determine these results.
6. If not in compliance with Part IV.A.5. of the General Permit, a written description of why
the collection of a sample was impracticable during the first thirty minutes.
H. 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. This period may be extended
by request of the Department at any time.
I. 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 submit the original signed copy of the annual report form and
required attachments to the Department by March 1St of each year for the preceding
calendar year.
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 standard EPA annual report form, or if available, a Department- customized version
of the standard EPA annual report form, must be used by all permittees or co- permittees
in the completion of annual reports. No retyped, reformatted, or customized versions of
the form may be developed and used, only the hard -copy or electronic versions provided
by the Department.
5. If additional information is requested on or with a Department- customized version of the
standard EPA annual report form, then the permittee must submit this additional
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Permit No.: MTR040000
information at the same time as the form. If an electronic EPA or DEQ form submittal is
used, then the required additional information must be submitted separately but at the
same time as the form.
6. For those permittees required to perform storm water sampling and analytical testing, the
summary of the evaluation of storm water quality data and additional BMPs and/or other
measures which may be necessary, as required in Part IV.A.6. 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 identify these.
8. Full -size hard - copies of storm sewer system maps, including updates, must be submitted to
the Department with the annual report form 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.
10. The annual report must comply with the signatory and certification requirements stated
in Parts V.K.2. and V.K.4.
J. Changes In Small MS4 Contact Person
The Application Form identifies a formal Small MS4 Contact Person for each permittee or
co- permittee. Should the Small MS4 Contact Person 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 Small MS4 Contact Person ", specifically identify the permit authorization number, and
specifically identify the formal "Small MS4 Name" as identified on the Application Form.
The written notification letter for a change in the Small MS4 Contact Person must be signed
by a person meeting the requirements of Part V.K.1.c.
K. 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 Small MS4 Contact Person for
their respective Small MS4, and shall be made available to Department inspectors upon
request for all permittees and co- permittees.
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Permit No.: MTR040000
PART V. STANDARD MPDES PERMIT CONDITIONS
A. Duty to Comply
The permittee shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or denial of a permit renewal application. 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. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit, the permittee shall first apply for and obtain a new permit. The Application
Form and fee must be submitted at least 30 days before the expiration date of this permit. The
Department reserves the authority to administratively extend permit coverage in the event the
General Permit is no longer effective, if the permittee has reapplied for permit coverage.
C. Need to Halt or Reduce Activity not a Defense
It may 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.
F. 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.
G. Property Rights
This permit does not convey any property rights of any sort, or any exclusive privilege.
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Permit No.: MTR040000
H. Duty to Provide Information
The permittee shall furnish to the Department, within a reasonable time, any information which
the Department may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit or to determne compliance with this permit. The
permittee shall also furnish to the Department upon request, copies of records required to be
kept by this permit.
I. Inspection and Entry
The permittee shall allow the Department, 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, or operations regulated or required under this permit; and,
4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Act, any substances or parameters at any location.
J. Monitoring and Records (See Part IV of the General Permit)
K. Signatory and Certification Requirements
All applications, reports, or information submitted to the Department must be signed and
certified.
1. All permit applications shall be signed as follows:
a. For a corporation, by a responsible corporate officer. A responsible corporate officer
means:
i. a president, secretary, treasurer, or vice- president of the corporation in charge of a
principal business function, or any other person who performs similar policy- or
decision - making functions for the corporation; or
ii. the manager of one or more manufacturing, production, or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second - quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
b. For a partnership or sole proprietorship, by a general partner or the proprietor,
respectively; or
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Permit No.: MTR040000
For a municipality, state, federal, or other public agency, by either a principal executive
officer or ranking elected official. A principal executive officer of a federal agency
includes:
i. the chief executive officer of the agency; or
ii. a senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency.
2. All reports required by permits, other information requested by the Department, must be
signed by a person described in Part V.K.1. or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
a. the authorization is made in writing by a person described in Part V.K. I.;
b. the authorization specifies 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 any individual occupying a named position); and,
c. the written authorization is submitted to the Department.
Changes to authorization. If an authorization under Part V.K.2. is no longer accurate
because a different individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of Part V.K.2. 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 Part V.K.1. or 2. 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."
L. Planned Changes
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 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.
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Permit No.: MTR040000
M. 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.
N. Permit 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.
O. Monitoring Reports - (See Part IV of the General Permit)
P. Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this permit must be submitted no later
than 14 days following each schedule date.
Q. Twenty -Four Hour Reporting
1. The permittee shall report any noncompliance which may endanger health or the
environment. Any information must be provided orally within 24 hours from the time the
permittee becomes aware of the circumstances. This oral report must be made to the Water
Protection Bureau at (406) 444 -3080.
2. A written submission must also be provided within 5 days of the time the permittee
becomes aware of the circumstances. The written submission must contain a description of
the noncompliance and its cause; the period of noncompliance, including exact dates and
times, and if the noncompliance has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance.
3. The following must be included as information which must be reported within 24 hours:
a. any unanticipated bypass which exceeds any effluent limitation in the permit;
b. any upset which exceeds any effluent limitation in the permit;
c. violation of a maximum daily discharge limitation for any of the pollutants listed by the
Department in the permit to be reported within 24 hours; and
4. The Department may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours by the Water Protection Bureau.
5. Reports shall be submitted to the address in Part IV.E., Reporting of Monitoring Results.
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Permit No.: MTR040000
R. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part IV. or Parts
V.L., P., or Q. at the time monitoring reports are submitted. The reports must contain the
information listed Part V.Q. above.
S. Other Information
When the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Department, it shall promptly submit such facts or information.
T. Bypass of Treatment Facilities
Bypass not exceeding limitations. The permittee may allow any bypass to occur which
does not cause effluent limitations to be exceeded, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to the provisions
of paragraphs 2. and 3. below.
2. Notice:
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice to the Department, if possible at least 10 days before the date of the
bypass.
b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required under Part V.Q. (Twenty -Four Hour Reporting).
3. Prohibition of bypass.
a. Bypass is prohibited and the Department may take enforcement action against a
permittee for a bypass, unless:
i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
ii. There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and,
iii. The permittee submitted notices as required under Part V.T.2. above.
4. The Department may approve an anticipated bypass, after considering its adverse effects, if
the Department determines that it will meet the three conditions listed above in Part V.T.3.i.
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Permit No.: MTR040000
U. Upset
1. An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology -based permit effluent limitations if the requirements of Part V.U.2.
below are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
a. an upset occurred and that the permittee can identify the cause(s) of the upset;
b. the permitted facility was at the time being properly operated;
c. the permittee submitted notice of the upset as required in Part V.Q.3.b. (24 -hour
notice); and
d. the permittee'complied with any remedial measures required under Part V.D.
3. In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
V. 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 a civil penalty 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. Except as provided in permit conditions on Part
III.G. (Bypass of Treatment Facilities), nothing in this permit shall be construed to relieve the
permittee of the civil or criminal penalties for noncompliance.
W. Penalties for Falsification of Reports
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 both.
X. 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.
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Permit No.: MTR040000
Y. 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.
Z. Reopener Provision
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 effluent limits than contained in this
permit.
2. Waste Load Allocation
A Waste Load Allocation is developed and approved by the Department and/or EPA for
incorporation in this permit.
3. 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.
AA.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:
1. Impose an additional assessment consisting of 20% of the fee plus interest on the required
fee computed at the rate established under 15 -1- 216(4), MCA, or
2. Suspend the processing of the application for a permit or authorization or, if the
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.
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Permit No.: MTR040000
PART VI. DEFINITIONS
The "Act" means the Federal Clean Water Act.
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. "Hazardous substance" means any substance designated under 40 CFR Part 116
pursuant to section 311 of the federal Clean Water Act.
"Illicit Connection" means any man -made conveyance connecting an illicit discharge
directly to a municipal separate storm sewer.
9. "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 fire fighting activities.
10. "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 of MEP as it applies to Small MS4s is found in ARM 17.30.1111(5).
11. "MS4" means a municipal separate storm sewer system.
12. "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:
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Permit No.: MTR040000
(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:
(i) designed or used for collecting or conveying storm water;
(ii) not a combined sewer; and
(iii) not part of a publicly owned treatment works (POTW) as defined in ARM Title
17, chapter 30, subchapter 13.
13. "Outfall" means a point source, as defined in Part V1.15. of this General Permit, at the
point where a municipal separate storm sewer discharges to surface waters. 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.
14. "Owner or operator" means a person who owns, leases, operates, controls, or
supervises a point source.
15. "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.
16. "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.
17. "Small municipal separate storm sewer system" means:
(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-
(i) the city of Billings and Yellowstone County;
(ii) the city of Missoula and Missoula County; and
(iii) the city of Great Falls and Cascade County;
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Permit No.: MTR040000
(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;
(ii) MS4s located in the city of Butte;
(iii) 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.
18. "Small MS4" means a small municipal separate storm sewer system.
19. "State waters" is defined at 75 -5 -103, MCA
20. "Storm Water" means storm water runoff, snow melt runoff, and surface runoff and
drainage.
21. "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.
22. "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.
23. "Time- weighted composite sample" means a composite sample consisting of a mixture
of equal volume aliquots collected at a constant time interval.
24. "Total Maximum Daily Load" or "TMDL" is defined at 75 -5 -103, MCA
25. "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.