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Home My WebLink About07/09/2024The City Council is meeting as a legislative body to conduct the business of the City accoiding to Robert s Rules of Order and the Standing Rules of Order and Business of the City Council Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct foi public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the June 25, 2024 City Council Meeting c. Claims Totaling $71,924.01 4. CONSENT a. Performance Agreement with Lazy Does It Band for Day in the Park s. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6 INFORMATIONAL PRESENTATIONS / REPORTS a. Metropolitan Council Sector Representative Peter Lindstrom b. Day in the Park 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. a. Annual Opportunity for the Public to Comment on the City's Stormwater Pollution Prevention Program 8. DISCUSSION / ACTION ITEM 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10 ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. 2025 Budget and Levy b. One -Year Extension to Agreement with the City of St. Anthony for Policing Services 12. WORK SESSION a. Community Development Updates LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, JULY 9, 2024 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City accoiding to Robert s Rules of Order and the Standing Rules of Order and Business of the City Council Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct foi public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the June 25, 2024 City Council Meeting c. Claims Totaling $71,924.01 4. CONSENT a. Performance Agreement with Lazy Does It Band for Day in the Park s. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6 INFORMATIONAL PRESENTATIONS / REPORTS a. Metropolitan Council Sector Representative Peter Lindstrom b. Day in the Park 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. a. Annual Opportunity for the Public to Comment on the City's Stormwater Pollution Prevention Program 8. DISCUSSION / ACTION ITEM 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10 ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. 2025 Budget and Levy b. One -Year Extension to Agreement with the City of St. Anthony for Policing Services 12. WORK SESSION a. Community Development Updates b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be Limited to fifteen (15) minutes Individuals are requested to limit their comments to three (3) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT To provide public comments, join us via Zoom. You are invited to a Zoom webinar. When: Jul 9, 2024 07:00 PM Central Time (US and Canada) Topic: July 9, 2024 Lauderdale City Council Webinar P lease click the link below to join the webinar: https://us02web.zoom.us/J/82137288495?pwd=2WG2yhKpPESn73uRITs3cZnDBO78TN.1 P asscode 172260 Or One tap mobile : + 13126266799„82137288495#,,,,* 172260# US (Chicago) + 16465588656„82137288495#,,,,* 172260# US (New York) Or Telephone: Dial(for higher quality, dial a number based on your current location): + 1 312 626 6799 US (Chicago) + 1 646 558 8656 US (New York) + 1 646 931 3860 US + 1 301 715 8592 US (Washington DC) + 1 305 224 1968 US + 1 309 205 3325 US + 1 346 248 7799 US (Houston) + 1 360 209 5623 US + 1 507 473 4847 US + 1 669 900 9128 US (San Jose) + 1 253 215 8782 US (Tacoma) Webinar ID: 821 3728 8495 Passcode 172260 International numbers available: https://us02web.zoom.us/u/kdUUbeQVM LAUD I ,RDAL h CITY COUNCIL MhETING MINUTH,S L auderdale City Hall 1891 Walnut Street L auderdale, MN 55113 P age 1 of 3 June 25, 2024 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:04 p.m. Roll Call Councilors present Evan Sayre, Jeff Dains, Sharon Kelly, Duane Pulford, and Mayor Mary Gaasch. Councilors absent: None. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. There being none, Councilor Pulford moved and seconded by Councilor Kelly to approve the agenda. Motion carried unanimously. Mayor Gaasch asked if there were corrections to the minutes of the June 11, 2024 City Council meeting. Theie being none, Councilor Sayre moved and seconded by Councilor Pulford to approve the June 11, 2024 City Council meeting minutes. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. Councilor Kelly questioned why the claims total was larger than normal. Administrator Butkowski responded that the claims report included checks to St. Anthony foi police services a bond interest payment, and tree trimming that will be covered by the DNR giant that made it higher than normal. Councilor Kelly moved and seconded by Councilor Sayre to approve the claims totaling $157,902.84. Motion carried unanimously. Consent Councilor Sayre moved and seconded by Councilor Pulford to approve the Consent Agenda thereby approving the May financial report. P ublic Hearings A. Resolution No. 062524A — Abating Three Trees at 1852 Carl Street There are two diseased ash trees and a dead maple tree at 1852 Carl Street. Butkowski said that staff are usually able to work with the owners of dead and diseased trees to have them removed through a petition and waiver agi eement. In this case, the owner has not responded to letters sent to the property, nor another out-of-state address listed. The trees pose a health and safety risk and need to be removed. An estimate of $4,000 was received from the City's tree trimmer to complete the work. Mayor Gaasch opened the floor at 7:16 p.m. to those in attendance interested in addressing the LAUDhRDALF CITY COUNCIL MEFTING MINUTES L auderdale City Hall 1891 Walnut Street L auderdale, MN 55113 Page 2 of 3 June 25, 2024 Council on this topic. There being nobody interested in speaking, Mayor Gaasch closed the floor at 7:16 p.m. Councilor Pulford made a motion to adopt Resolution No. 062524A—A Resolution Abating Three Trees at 1852 Carl Street. This was seconded by Councilor Kelly and carried unanimously. Discussion/Action Item A. 2024-2029 Amended and Restated Agreement for Recycling Services with Eureka! B ownik said the current recycling agreement with huieka began in 2019 and ends at the end of June. A revised and restated recycling agreement was negotiated with Eureka and is ready for approval by the City Council. The new agreement would begin July 1 and goes through October 31 2029. The new agreement is based on the current agreement and is substantially the same. City staff, Eureka, Foth Infrastructure & Environment, and Kennedy & Graven have reviewed it. Along with a new term for the agreement, there is also a new pricing schedule. Bownik said what while the price is increasing, research shows it is still favorable Eureka lets Lauderdale share overhead with St. Paul to keep costs lower and maintain the services of the City's recycling cart inventory. Angie Lemar, of FOTH Infrastructure & Environment, prepared a comparison with other nearby cities. Katie Drews, Co -President and CEO of Eureka Recycling, joined the meeting via Zoom to answer questions from the Council. Councilor Sayre made a motion to approve the Amended and Restated Agreement for Recycling Services with Eureka Recycling as presented. This was seconded by Councilor Dains and carried unanimously. Set Agenda for Next Meeting Butkowski stated that the July 9 council meeting might include the storm water public healing, 2025 budget and levy, and a presentation from Metropolitan Council sector representative Peter Lindstrom. Work Session A. Community Development Update Butkowski shared that the City s intern, William Farley, is in the process of reformatting the City's newsletter. SAPAS will be hosting a monthly luncheon in the social room for seniors. Ramsey County is eyeing July 30 as the date for their Eustis Street open house. 4H will collaborate with Day in the Park for their pie social event. The work session with Jennifer Haskamp has been scheduled for July 15. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 June 25, 2024 B. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to those in attendance interested in addressing the Council. There being nobody interested in speaking, Mayor Gaasch closed the floor. Adjournment Councilor Dains moved and seconded by Councilor Pulford to adjourn the meeting at 8:14 p.m. Motion carried unanimously. Respectfully submitted, lhAtee„ t4A- Miles Cline Deputy City Clerk' To: From: Meeting Date: Subject: CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAx Request for Council Action Mayor and City Council City Administrator July 9, 2024 List of Claims The claims totaling $71,924.01 are provided for City Council review and approval that includes check numbers 28975 to 28994. Accounts Payable Checks by Date -Detail by Check Date User: Printed: lniles.cline 7/3/2024 2:40 PM Check No Vendor No Vendor Name Invoice No Description ACH 43 ACH 44 ACH 45 ACH 46 ACH 47 ACH 372 072024 28975 427 41205 28976 383 S1 474681070124 28977 52 Public Employees Retirement Association PR Batch 51400.07.2024 PERA Coordinated PR Batch 51400.07.2024 PERA Coordinated Check Date Reference 07/05/2024 PR Batch 51400.07.2024 PER PR Batch 51400.07.2024 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 51400.07.2024 State Income Tax 07/05/2024 PR Batch 51400.07.2024 Stab Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 51400.07.2024 Deferred Comp PR Batch 51400.07.2024 Deferred Comp 07/05/2024 PR Batch 51400.07.2024 Def( PR Batch 51400.07.2024 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 51400.07.2024 Medicare Employee Pc PR Batch 51400.07.2024 FICA Employer Portio: PR Batch 51400.07.2024 Federal Income Tax PR Batch 51400.07.2024 Medicare Employer Po PR Batch 51400.07.2024 FICA Employee Portio 07/05/2024 PR Batch 51400.07.2024 Med PR Batch 51400.07.2024 FIC. PR Batch 51400.07.2024 Fed( PR Batch 51400.07.2024 Med PR Batch 51400.07.2024 FIC. Total for this ACH Check for Vendor 46: Public Employees Insurance Program PR Batch 51400.07.2024 Dental PR Batch 51400.07.2024 Health Insurance 07/05/2024 PR Batch 51400.07.2024 Den PR Batch 51400.07.2024 Hea Total for this ACH Check for Vendor 47: Total for 7/5/2024: Duane Pulford 07/09/2024 Mileage & Hotel Reimbursement Total for this ACH Check for Vendor 372: A.J. Schaake Co Two 100 -Year Plaques Aspen Waste Systems of Minnesota Inc July Refuse Service Bluechip Tree Company Inc 07/09/2024 Total for Check Number 28975: 07/09/2024 Total for Check Number 28976: 07/09/2024 Check Amount 1,268.70 1,099.53 2,368.23 742.43 742.43 1,152.08 1,691.64 2,843.72 264.57 1,131.26 1,904.82 264.57 1,131.26 4,696.48 85.20 2,732.58 2,817.78 13,468.64 442.18 442.18 158.00 158.00 441.16 441.16 AP Checks by Date - Detail by Check Date (7/3/2024 2:40 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 072024 28978 56 072024 28979 57 072024 28980 272 1680893 28981 25 072024 28982 82 072024 28983 78 2024-2025 2024-2025 2024-2025 2024-2025 2024-2025 2024-2025 2024-2025 2024-2025 2024-2025 28984 428 072024 28985 23 INV2547441 28986 387 2052 2052 2052 28987 24 0001175408 Remove Storm Damaged Limb & Brush Pile fro - James Bownik 2Q2024 Mileage Reimbursement Heather Butkowski 2Q2024 Mileage Reimbursement Corporate Four Insurance Agengy 2024 Agent Fee Total for Check Number 28977: 07/09/2024 Total for Check Number 28978: 07/09/2024 Total for Check Number 28979: 07/09/2024 Total for Check Number 28980: County of Ramsey 07/09/2024 Record 1769 Walnut Drainage and Utility Mortg Horne Depot General Supplies Total for Check Number 28981: 07/09/2024 Total for Check Number 28982: League of Minnesota Cities Insurance Trust 07/09/2024 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance 2024-2025 Property/Liability Insurance Kathy McCurdy Khazanah Dancers Metro Sales Inc 2Q24 Copy Charges Metro -INET July IT/Phone July IT/Phone July IT/Phone Total for Check Number 28983: 07/09/2024 Total for Check Number 28984: 07/09/2024 Total for Check Number 28985: 07/09/2024 Total for Check Number 28986: Metropolitan Council Environmental Servi< 07/09/2024 August Waste Water AP Checks by Date - Detail by Check Date (7/3/2024 2:40 PM) 945.00 945.00 70.48 70.48 152.76 152.76 1,200.00 1,200.00 46.00 46.00 34.34 34.34 1,402.02 639.89 833.48 2,999.29 8,766.07 49.86 100.68 3,266.33 237.38 18,295.00 100.00 100.00 77.99 77.99 547.01 275.97 1,641.02 2,464.00 14,146.65 Page 2 Check No Vendor No Invoice No Vendor Name Description 28988 84 072024 072024 072024 072024 072024 072024 072024 072024 072024 072024 28989 356 795 28990 26 2247876 2247876 28991 404 072024 28992 3 531536548 28993 425 6290263645 6290263645 6290265847 6290265847 28994 85 072024 Check Date Reference Check Amount Total for Check Number 28987: North Star Bank Cardmember Services 07/09/2024 June Costco Fuel MCFOA Membership - MC Commercial Roofing Specialties - City Hall Roo FastSigns - City Truck Decals MCFOA Membership - JB June Costco Fuel USPS - Certified Letter June Costco Fuel MCFOA Membership - HB Jump City - Bounce House Total for Check Number 28988: Rum River Ventures LLC May 2024 Contract Building Inspection Services Stantec Consulting Services Inc EPA Response Sanitary Sewer Manhole Televising Star Tribune July -October Subscription US National Equipment Finance Inc July Copier Lease Vestis June Uniforms June Uniforms July Uniforms July Uniforms Len Yaeger Day in the Park Music 07/09/2024 Total for Check Number 28989: 07/09/2024 Total for Check Number 28990: 07/09/2024 Total for Check Number 28991: 07/09/2024 Total for Check Number 28992: 07/09/2024 Total for Cheek Number 28993: 07/09/2024 Total for Check Number 28994: Total for 7/9/2024: Report Total (26 checks): 14,146.65 295.78 50.00 157.16 49.54 50.00 63.38 17.46 63.38 50.00 481.75 1,278.45 4,081.35 4,081.35 4,070.00 9,542.18 13,612.18 64.77 64.77 155.00 155.00 22.76 22.77 22.76 22.77 91.06 599.00 599.00 58,455.37 71,924.01 AP Checks by Date - Detail by Check Date (7/3/2024 2:40 PM) Page 3 LAUDERDALE COUNCIL ACTION FORM i Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date July 9, 2024 ITEM NUMBER July Community Event STAFF INITIAL Jim APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff is asking the city council to consider approving the attached performance agreement with Lazy Does It for July music at a cost of $600. The July event is scheduled from 5-8 p.m. on Thursday, July 18. OPTIONS: Approve by adopting the consent agenda or remove for discussion. STAFF RECOMMENDATION: By approving the consent agenda, the city council is approving the attached performance agreement with Lazy Does It. City of Lauderdale Performance Agreement Event: Day in the Park Date & Time: Thursday, July 18, 2024 from 5-8 p.m. Location• Lauderdale Community Park, 1885 Fulham Street P erformance Time: 5:00-6:00 p.m. & 6:30-7:30 p.m. ARTIST or GROUP INFORMATION Artist or Group Name. Lazy Does It Artist/Group Leader: Len Yaeger D aytime Phone: 612-331-8530 Cell Phone: Email Address: yaege033@umn.edu (valid through 12/7/2024); len.yaeger(c;)gmail.com Website Address (if applicable): http://omelet.typepad.com/lazy does it 1k Chairs Needed: 6 Electricity: yes Fxtension cord: yes PAYMENT INFORMATION Performance Fee $600.00 N ame & Address of Individual or Group for Payment of Fee: Len Yaeger 1201 Yale Place 42002 Minneapolis, MN 55403 PERFORMANCE PROVISIONS 1) The Artist or Group is considered an independent contractor and is responsible for all appropriate insurance and income taxes. 2) The Artist or Group will supply their own sound system and the following items as needed: music stands, stage etc. 3) The City will provide chairs, electricity and an extension cord if needed. The City will also have a copyright license from ASCAP. 4) Cancellation/Inclement Weather Policy: • If the performance is cancelled by the City before Noon the day of the performance, the City will pay 50% of the agreed peiformance fee as compensation. • If the performance is cancelled by the City after Noon the day of the performance, the City will pay 100% of the agreed peiformance fee as compensation. 5) Sale of promotional merchandise is allowed at the concert site. 6) Payment Infoimation: The City will make every effort to present payment to the Artist or Group the day of the performance, but may mail payment within 2 weeks after performance date. 7) Indemnification: The Artist or Group agrees to defend and indemnify the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Artist or Group's peiformance or failure to perform its duties under this Agreement. Signature of Artist/Group Leader: Date: Mary Gaasch, Mayor Date Heather Butkowski, City Administrator Date LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Comment X Discussion X Action Resolution Work Session Meeting Date July 9, 2024 ITEM NUMBER Annual torm Water Report STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Annually, the City Council must hold a public hearing to allow the public to comment on the City's storm water program. This meets one of the requirements of our Municipal Sepa- rate Storm Sewer System (MS4) permit. Typically staff attach the most recent annual re- port to the Minnesota Pollution Control Agency (MPCA). This year, we did not have to complete one by the end of June. We will have to make up for it when the MPCA's new reporting software comes online next yeas. Attached is the City's MS4 permit which docu- ments the City's required commitments through 2025. Staff will provide some brief comments before the Council opens the public hearing on the matter. STAFF RECOMMENDATION: MINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North 1 St. Paul, Minnesota 55155-4194 1 651-296-6300 800-657-3864 1 Use your preferred relay service 1 info.pca@state.mn.us 1 Equal Opportunity Employer September 28, 2021 Heather Butkowski City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113-5137 RE: Issuance of Coverage under the Small Municipal Separate Storm Sewer Systems General Permit MNR040000 for city of Lauderdale MS4 Dear Heather Butkowski: In accordance with Minn. R. 7001.0140, the Minnesota Pollution Control Agency (MPCA) is issuing coverage under the Small Municipal Separate Storm Sewer System (MS4) General Permit MNR040000 (MS4 General Permit) to the city of Lauderdale MS4, effective September 28, 2021. Enclosed is your official Notice of Coverage, which includes the above referenced MS4 General Permit requirements. Our final decision to issue permit coverage was based on the following: • You submitted a complete application; and • No applicable comments were received or all applicable comments received have been addressed; If you were covered under the August 1, 2013, MS4 General Permit, coverage under that permit is immediately terminated as of the date on this letter. You must: • Comply with the requirements of the MS4 General Permit and your Stormwater Pollution Prevention Program (SWPPP) Document; • Meet the new requirements in the MS4 General Permit within 12 months of the date of receiving permit coverage; • Retain your SWPPP Document and all records pertinent to it for at least three (3) years beyond the term of the MS4 General Permit • Report on activities that were required or committed to under the previous permit. Your annual report, due June 30 of each year, must cover all activities and permit requirements of the previous calendar year regardless which permit those activities are conducted under and • Retain this letter as documentation of your coverage under the MS4 General Permit. The issuance of coverage does not preclude the MPCA from conducting inspections or audits. Heather Butkowski Page 2 September 28, 2021 If you have questions, please contact Nick Nistler at 218-302-6670 or nicholas.nistler@state.mn.us. Sincerely, V vvano V t'vn,oanci.-o i i. This document has been electronically signed. Duane Duncanson Supervisor Municipal Stormwater Unit Municipal Division DD/NN:map cc: Activity GEN20180001 @ Al ID 93002 MINNESOTA POLLUTION CONTROL AGENCY AUTHORIZATION TO DISCHARGE STORMWATER ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)/ STATE DISPOSAL SYSTEM (SDS) PROGRAM MS400026 Permittee: City of Lauderdale Coverage issuance date: September 28, 2021 Expiration date: November 15, 2025 The state of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to operate a small municipal separate storm sewer system (MS4) and to discharge from the small MS4 to receiving waters, in accordance with the requirements of the Small Municipal Separate Storm Sewer Systems General Permit MNR040000 (General Permit). The goal of the General Permit is to reduce pollutant levels in point source discharges and protect water quality in accordance with the U.S. Clean Water Act, Minnesota statutes and rules, and federal laws and regulations. The MPCA issued the General Permit on November 16, 2020, however the permittee received coverage under the General Permit on the coverage issuance date identified above. The General Permit expires at midnight on the expiration date identified above. Signature: Ve4'an o Dimet.oaervieort. for the Minnesota Pollution Control Agency This document has been electronically signed. Duane Duncanson Supervisor Municipal Stormwater Unit Municipal Division If you have questions about the General Permit, including specific permit requirements, permit reporting, or permit compliance status, please contact the MPCA at: Municipal Stormwater Program Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 Telephone: 651-296-6300 or toll free in Minnesota: 800-657-3864 Table of Contents Page 1.1 Eligibility 3 2.1 Authorized Stormwater Discharges 3 3.1 Authorized Non-Stormwater Discharges 3 4.1 Limitations on Authorization 3 5.1 Permit Authorization 3 6.1 Transfer of Ownership or Control 4 7.1 Issuance of Individual Permits 4 8.1 Rights and Responsibilities 4 9.1 Application for Reissuance 4 10.1 New Permittee Applicants 4 11.1 Existing Permittee Applicants, 4 12.1 Stormwater Pollution Prevention Program (SWPPP) Document 4 13.1 Stormwater Pollution Prevention Program (SWPPP) 6 14.1 Mapping 6 15.1 Minimum Control Measures (MCMs) 6 16.1 MCM 1: Public Education and Outreach 6 17.1 MCM 2: Public Participation/Involvement 7 18.1 MCM 3: Illicit Discharge Detection and Elimination 8 19.1 MCM 4: Construction Site Stormwater Runoff Control 10 20.1 MCM 5: Post -Construction Stormwater Management 12 21.1 MCM 6: Pollution Prevention/Good Housekeeping For Municipal Operations 15 22.1 Discharges to Impaired Waters with a USEPA-Approved TMDL that includes an Applicable WLA 17 23.1 Alum or Ferric Chloride Phosphorus Treatment Systems 18 24.1 Stormwater Pollution Prevention Program (SWPPP) Modification 19 25.1 Annual Assessment, Annual Reporting, and Recordkeeping 20 26.1 General Conditions 20 27.1 Definitions 22 Appendix A: Alum or Ferric Chloride Phosphorus Treatment Systems 26 Appendix B: Schedules 27 Coverage issued September 28, 2021 Permit expires: November 15, 2025 M5400026 Page 3 of 28 1.1 Eligibility. [Minn. R. 7090] 1.2 To be eligible for authorization General Permit (General Municipal Separate Storm in Minn. R. 7090.1010. to discharge Permit), the applicant Sewer System (MS4) [Minn. R. 7090.1010] stormwater under the Small Municipal Separate Storm Sewer Systems must be an owner and/or operator (owner/operator) of a small and meet one or more of the criteria requiring permit issuance as specified 2.1 Authorized Stormwater Discharges. [Minn. R. 7090] 2.2 The General Permit authorizes stormwater discharges from small MS4s as defined in 40 CFR 122.26(b)(16). [Minn. R. 7090] 3.1 Authorized Non-Stormwater Discharges. [Minn. R 7090] 3.2 The following permittee's small discharges), Program (SWPPP): groundwater potable water pumps, footing dechlorinated [Minn. R. 7090] categories in infiltration sources, swimming of non-stormwater discharges or flows are authorized under the General MS4 only if the permittee does not identify them as significant contributors which case the discharges or flows must be addressed in the permittee's Stormwater water line flushing, landscape irrigation, diverted stream flows, rising groundwaters, (as defined at 40 CFR 35.2005(b)(20)), uncontaminated pumped groundwater, foundation drains, air conditioning condensation, irrigation water, springs, drains, lawn watering, individual residential car washing, flows from riparian habitats pool discharges street wash water, and discharges or flows from firefighting Permit to enter the of pollutants (i.e., illicit Pollution Prevention uncontaminated discharges from water from crawl space and wetlands, activities. 4.1 Limitations on Authorization. [Minn. R. 7090] 4.2 The following discharges or activities are not authorized a. non-stormwater discharges, except those authorized b. discharges of stormwater to the small MS4 from does not replace or satisfy any other permitting c. the General Permit does not replace or satisfy Minnesota Environmental Policy Act (Minn. Stat. d the General Permit does not replace or satisfy new or expanded discharges that adversely impact species, or adversely modify a designated critical e. the General Permit does not replace or satisfy new or expanded discharges which adversely affect Historic Places or affecting known or discovered f discharges to prohibited outstanding resource Only the permittee's small MS4 and the portions control are authorized by the General Permit. by the by the activities requiring requirements; any environmental 116D), or the any review requirements or contribute habitat; any review requirements properties archeological value waters of the storm [Minn. R. 7090] General Permit: permittee in item 3.2; a separate NPDES/SDS review requirements, National Environmental Policy for endangered to adverse impacts on a for historic places listed or eligible for listing sites; and pursuant to Minn. R. 7050.0335, sewer system that are under permit. The General Permit including those under the Act (42 U.S.C. 4321 et seq.); or threatened species, from listed endangered or threatened or archeological sites, from in the National Register of subp. 3. the permittee's operational 5.1 Permit Authorization. [Minn. R. 7001] 5.2 The applicant must submit a complete application in accordance with to discharge stormwater from a small MS4 under the General Permit. Sections 9 through [Minn. R. 7001] 12 in order to obtain authorization 5.3 The Commissioner the following: a if an application b. if an coverage reviews the General Permit application for completeness. application is determined to be incomplete, the Commissioner is incomplete, and request that the applicant resubmit application is determined to be complete the Commissioner under the General Permit should be issued or denied After review, the will notify the applicant the application; or will make a preliminary determination in accordance with Minn. R. 7001. Commissioner in writing, will indicate as to [Minn. R. 7001] do one of why the whether 5.4 The Commissioner coverage provides a public under the General Permit. notice with the [Minn. R. 7001] opportunity for a hearing on the preliminary determination to issue 5.5 Upon receipt to discharge of written notification of final approval of the application from the Commissioner, the applicant stormwater from the small MS4 under the terms and conditions of the General Permit. is authorized [Minn. R. 7001] Coverage issued. September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 4 of 28 6.1 Transfer of Ownership or Control. [Minn. R. 7001, Minn. R. 7090.0080] 6.2 Where the ownership accordance with Sections 9 through or Sections 12. significant operational 9 through 12, [Minn. R. 7090] control of the small MS4 changes after the submittal of an application in the new owner/operator must submit a new application in accordance with 7.1 Issuance of Individual Permits. [Minn R. 7001] 7.2 The permit discharge applicant may request an individual permit stormwater associated with a small MS4. in accordance with Minn. [Minn. R. 7001.0210, subp. 6] R. 7001.0210, subp. 6, for authorization to 7.3 The Commissioner may require an individual accordance with Minn R. 7001.0210, subp. permit 6 for the permit applicant [Minn R. 7001.0210, subp. 6] or permittee covered by a general permit, in 8.1 Rights and Responsibilities. [Minn. R. 7001, Minn. R. 7090] 8.2 The Commissioner may modify the more stringent effluent limitations Measures of the General Permit, or such modifications are needed to General Permit or permit requirements both. These protect water quality. or modifications issue other permits, that modify may be based [Minn. R. 7001] in accordance with Minn. R. 7001, to include or are in addition to the Minimum Control on the Commissioner's determination that 8.3 The Minn. requirements Commissioner may designate R. 7090. The owner/operator by the dates specified additional small MS4s for coverage under of a small MS4 that is designated for coverage in the Commissioner's determination. the General Permit must comply [Minn. R. 7090] in accordance with with the permit 9.1 Application for Reissuance. [Minn. R. 7001] 9.2 If application an existing permittee for desires permit reissuance: to continue permit coverage Due by 180 days prior to beyond the permit expiration. expiration date, the permittee [Minn. R. 7001 0040, subp. must 3] submit an 10.1 New Permittee Applicants. [Minn. R. 7090] 10.2 To become a new permittee authorized small MS4 must submit an application, Table 3 and the following requirements: a. submit Part 1 of the permit application b. submit Part 2 of the permit application, in accordance with Section 12. to discharge on a form (includes also [Minn. R. 7090] stormwater under the General Permit, the owner/operator of a provided by the Agency, in accordance with the schedule in Appendix B, the permit application fee); and known as the Stormwater Pollution Prevention Program (SWPPP) document, 11.1 Existing Permittee Applicants. [Minn. R. 7090] 11.2 All existing date of the Existing of the Agency's permittees seeking General Permit permittees were required small MS4 to continue must submit general discharging stormwater associated Part 2 of the permit application: to submit Part 1 of the permit application permit No.MNR040000, effective August with a Due by 150 prior to 1, 2013. small MS4 after days after permit the expiration [Minn. R. 7090] the issuance issuance. date (July 31, 2018) 12.1 Stormwater Pollution Prevention Program (SWPPP) Document. [Minn R 7090] 12.2 All General Agency become applicant's applicants must submit a SWPPP Document (i.e., Part 2 of Permit. The SWPPP Document will become an enforceable Modifications to the SWPPP Document that are required enforceable provisions. The applicant must submit the SWPPP Document must include items 12.3 through the permit application) part of or allowed SWPPP Document 12.11, as applicable. the General by the on when seeking Permit upon General Permit a form provided [Minn. R 7090] coverage under the approval by the (see Section 24) will also by the Agency. The 12.3 The applicant must provide a description of entered in order to satisfy one or more requirements partnerships with another regulated of the General Permit. small MS4(s), [Minn. R. 7090] into which the applicant has 12.4 The applicant must provide a description of each program the applicant has developed and implemented to satisfy the Minimum Control Measure (MCM) requirements, including• a. the Best Management Practices (BMPs) the applicant has implemented for each MCM at the time of application; b. the status of each required component of the program; and c. name(s) of individual(s) or position titles responsible for implementing and/or coordinating each component of the program. Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 5 of 28 If the program has meet new requirements permit requirements or Table 3 (new not permittee been of the in accordance applicants). developed General with at the time of Permit (e.g., existing the schedule [Minn. R. 7090] application (e.g., new permittee applicants), or revised to permittee applicants); the applicant must satisfy the in Appendix B, Table 2 (existing permittee applicants) 12.5 The applicant must time of application. satisfy the permit or Table 3 (new indicate For each requirements permittee applicants). whether each requirement in accordance storm sewer of Section 14 with the [Minn. R. 7090] system map requirement of Section 14 is satisfied at the that is not satisfied at the time of application, the applicant must schedule in Appendix B Table 2 (existing permittee applicants), 12.6 The applicant must and enforced to following information: a. the type(s) of the requirements; b. the status of each c. if available, a If the regulatory or revised to meet satisfy the permit or Table 3 (new provide satisfy the requirements regulatory required website address mechanism(s) new requirements requirements permittee applicants). a mechanism(s) description component to the have not of in accordance of existing regulatory of Sections 18, the applicant of the regulatory regulatory mechanism(s). been developed the General Permit with the [Minn. R. 7090] mechanism(s) the applicant has developed, implemented, 19, and 20 At a minimum, the applicant must provide the has in place at the time of application that will be used to satisfy mechanism(s); and at the time of application (e.g., new permittee applicants), (e.g. existing permittee applicants); the applicant must schedule in Appendix B, Table 2 (existing permittee applicants), 12,7 The applicant must and implemented ERPs (e.g., new satisfy the permit or Table 3 (new provide that satisfy permittee applicants), requirements permittee applicants). a description the ERP requirements in accordance of existing enforcement of or existing ERPs with the [Minn. R. 7090] response procedures (ERPs) the applicant has developed items 18.14, 19.12, and 20.19. If the applicant has not yet developed must be updated to satisfy new requirements, the applicant must schedule in Appendix B, Table 2 (existing permittee applicants), 12.8 The applicant must oxygen demand, schedule to include a. proposed BMPs b. the year each c. a target year d. if the applicant be achieved during Agency -approved Urban Catchment Standards (MIDS) that receives Agency the submit nitrate, multiple or progress BMP applicable has the methods Model", calculator", -approval. is an permit a compliance total suspended WLAs. toward expected WLA(s) applicable term include "Source "Minnesota schedule solids The applicant implementation to be implemented; will be achieved; WLA for TSS and the Agency 'Program for Loading and Pollution [Minn. R. 7090] for each applicable Waste Load Allocation (WLA) not being met for (TSS), and total phosphorus (TP). The applicant may develop a compliance s compliance schedule must include the following information: of BMPs to be achieved during the permit term; and or TP, a cumulative estimate of TSS and TP load reductions (in pounds) to -approved method used to determine the estimate. Predicting Polluting Particle Passage thru Pits, Puddles, and Ponds (P8) Management Model for Windows (WinSLAMM)", "Minimal Impact Design Control Agency (MPCA) simple estimator tool", or any other method 12.9 For each applicable applicant must provide requirements of a. the BMPs the b. the status of c. name(s) of individuals) If the required components or revised to meet satisfy the permit or Table 3 (new WLA where a description items 22.3 applicant has each required or new requirements requirements permittee applicants). through have a reduction of 22.7, implemented component; position titles not been of in accordance in pollutant any existing BMPs including: for each required and responsible developed the General Permit with the [Minn. R. 7090] loading the applicant component for implementing at the time (e.g., schedule is required for bacteria, chloride, and temperature, the has developed and implemented to satisfy the at the time of application; and/or coordinating each required component. of application (e.g., new permittee applicants), existing permittee applicants); the applicant must in Appendix B, Table 2 (existing permittee applicants), Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 6 of 28 12.10 If the applicant demand nitrate, At a minimum, a. a list of all structural BMP type (e.g., and year implemented; b. documentation oxygen demand TMDL report, if c documentation [Minn. R. 7090] is claiming to meet TSS, or TP, the applicant the applicant must stormwater constructed basin, and using an Agency (or its surrogate that information using an Agency an applicable WLA where a reduction must provide documentation to provide the following information: BMPs implemented to achieve the applicable infiltrator filter, swale or strip, etc.), location -approved method which demonstrates pollutants), nitrate, TSS, or TP from BMPs is available (e g., percent reduction or pounds -approved method, which demonstrates in pollutant loading is required for oxygen demonstrate the applicable WLA is being WLA, including the in geographic coordinates, owner, the estimated reductions of meet the MS4 WLA reductions included reduced); or the applicant's existing load meets the WLA. met. in the 12.11 For the requirements submit the following a location of the b. name(s) of the c. information Agency; d indicate if the e if applicable, application, the Table 2 (existing described for applicant of Section information: system in geographic individual(s) in item system complies each requirement must permittee applicants) 23, alum or ferric chloride coordinates; or position titles responsible 23.11, if the system is constructed with the requirements in Section 23 that bring the system into compliance or Table 3 (new phosphorus for the operation in Section the applicant's in permittee applicants). at 23; accordance treatment of the time and system systems, if the system, the applicant submits does not comply with the schedule [Minn. R. 7090] applicable, the applicant must the application to the with at the time of in Appendix B, 13.1 Stormwater Pollution Prevention Program (SWPPP). [Minn. R. 7090] 13.2 The permittee must small MS4 to the Maximum urbanized area as defined develop, implement, the General Permit. develop, implement, Extent by the United and enforce a [Minn. R. 7090] and enforce a SWPPP designed to reduce the discharge of pollutants from the Practicable (MEP) and to protect water quality. Existing permittees regulated within the States Census Bureau, the applicable urbanized area for which the permittee must SWPPP can be based on the most recent decennial census of 2010 for the duration of 13.3 If the responsibility permittee enters for compliance into a partnership for purposes with the General Permit. of meeting SWPPP [Minn. R. 7090] requirements, the permittee maintains legal 13.4 Existing that Appendix in Appendix permittees must revise was effective August 1, B Table 2. New permittees B, Table 3. The their SWPPP developed under the Agency's small 2013, to meet the requirements of the General Permit must develop, implement, and enforce their permittee's SWPPP must consist of Sections 14 through MS4 general in accordance SWPPP in 23, as applicable. permit with accordance No.MNR040000 the schedule in with the schedule [Minn. R. 7090] 14.1 Mapping. [Minn. R. 7090] 14.2 New permittees the following: a. the permittee's flow direction b. outfalls, including coordinates; c. structural stormwater d. all receiving must develop, entire in those a unique waters. and existing MS4 as a goal, pipes; identification BMPs that are [Minn. R. 7090] permittees must update, but at a minimum, all pipes (ID) number assigned part of the permittee's as necessary, a storm sewer system map that depicts 12 inches or greater in diameter, including stormwater by the permittee, and an associated geographic MS4; and 15.1 Minimum Control Measures (MCMs). [Minn. R. 7090.1040] 15.2 The permittee must incorporate the following six MCMs into the SWPPP. [Minn. R. 7090.1040] 16.1 MCM 1: Public Education and Outreach. [Minn. R. 7090] 16.2 New continue the permittees must to implement public of the impact develop and implement, a public education program stormwater discharges and exist to distribute have on ng permittees must revise educational materials waterbodies and that includes their current program, as necessary, and or equivalent outreach that informs actions citizens, businesses, and Coverage issued. September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 7 of 28 other local organizations materials if they educational materials organizations, Section 16 requirements can take to are appropriate for The permittee or other groups to implement'ts into their reduce the may program. the message partner discharge of the permittee with other education and [Minn. R. 7090] pollutants to stormwater. The permittee may use existing chooses to deliver, or the permittee may develop its own MS4 permittees, community groups, watershed management outreach program. The permittee must incorporate 16.3 During two (2) targets, associations, through the permit specifically changing household 16.6. term, the permittee selected stormwater-related local business chemicals, [Minn. R. 7090] must distribute educational materials or equivalent outreach focused on at least issues of high priority to the permittee (e.g., specific TMDL reduction practices, promoting adoption of residential BMPs, lake improvements through lake yard waste, etc.). The topics must be different from those described in items 16.4 16.4 At least once illicit discharge each calendar recognition year, the and reporting permittee must distribute illicit discharges educational to the permittee. materials or equivalent [Minn. R. 7090] outreach focused on 16.5 For equivalent a. b. c. cities impacts methods proper and townships, outreach of deicing to storage at least once each to residents, businesses, salt use on receiving reduce deicing salt use and of salt or other deicing calendar commercial waters; materials. year, the permittee facilities, [Minn. R. 7090] must distribute educational materials or and institutions, focused on the following* 16.6 For cities and equivalent outreach the following: a. impacts of b. proper management c. any existing townships, pet at least once each calendar year, focused on pet waste The educational waste on receiving waters; of pet waste; and permittee regulatory mechanism(s) for the permittee materials pet waste. must distribute or equivalent [Minn. R 7090] educational materials or outreach must include information on 16.7 The permittee a. target audience(s) should be given identify these b name or c specific activities d a description other entities, must to areas position of if applicable. low-income any and develop (e.g., residents is available title of responsible schedules coordination and implement businesses, residents, people on the Agency's person(s) to reach with and/or [Minn. R. 7090] an education and outreach plan that consists of the following: commercial facilities, institutions, and local organizations; consideration of color, and non-native English speaking residents. A resource to help environmental justice website); for overall plan implementation; each target audience; and use of stormwater education and outreach programs implemented by 16.8 The permittee must a. a description of b. all information c. activities held, including d. quantities and e. estimated audience outreach activity. document the all specific stormwater-related required under dates, descriptions of (e.g., number [Minn. R. 7090] following information: issues identified by the permittee the permittee's education and outreach plan in item to reach each target audience* educational materials distributed, including dates distributed; of participants, viewers readers, listeners, etc.) in item 16.3; 16.7; and for each completed education and 16.9 The permittee status of achieving Measurable requirements and outreach completion of assessment. must conduct the measurable are efforts, implementation each annual report [Minn. R. 7090] an annual assessment requirements activities that must of written plans and document of the public education program to evaluate program compliance, the in Section 16 and determine how the program might be improved. be documented or tracked as applicable to the MCM (e.g., education etc.). The permittee must perform the annual assessment prior to any modifications made to the program as a result of the annual 17.1 MCM 2: Public Participation/Involvement. [Minn. R. 7090] 17.2 New permittees continue public must develop and to implement a Public Participation/Involvement in activities that improve or implement and protect water quality. existing permittees program The must revise to solicit public permittee must incorporate their current program, input on the SWPPP Section 17 requirements as necessary, and and involve the into Coverage issued. September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 8 of 28 their program. [Minn. R. 7090] 17.3 Each calendar adequacy local public SWPPP. year, the of the SWPPP notice requirements [Minn. R. 7090] permittee must provide a minimum of one (1) opportunity for the public to provide input on the The permittee may conduct a public meeting(s) to satisfy this requirement, provided appropriate are followed and the public is given the opportunity to review and comment on the 17.4 The permittee must provide access to the SWPPP Document, annual reports, describes the SWPPP (e.g., regulatory mechanism(s), etc.) for public review, subject to the Minnesota Government Data Practices Act Minn. Stat. 13. and other documentation upon request. [Minn. Stat 13] that supports or All public data requests are 17.5 The permittee [Minn. R. 7090] must consider oral and written input regarding the SWPPP submitted by the public to the permittee. 17.6 Each prevention stenciling, etc.). calendar year, the or water volunteer [Minn. R. 7090] permittee must provide a minimum of one (1) public involvement activity that includes a pollution quality theme (e.g., rain barrel distribution event, rain garden workshop, cleanup event storm drain water quality monitoring, adopt a storm drain program, household hazardous waste collection day, 17.7 The a. all b. all SWPPP c. date(s), d. notices (e.g., e. date(s), compliance permittee must document relevant written input responses from the permittee as a result of the written location(s), and estimated provided to the public website, e-mail distribution location(s), description with item 17.6. the following submitted by persons to written input received; number of any events lists, notices, of activities, [Minn. R. 7090] information: regarding the SWPPP; input received regarding the SWPPP, including any modifications made to the of participants at events held for purposes of compliance with item 17.3; scheduled to meet item 17.3, including any electronic correspondence etc.); and and estimated number of participants at events held for the purpose of 17.8 The permittee program compliance, program might the MCM (e.g., to completion assessment. must conduct the status be improved. public input of each annual [Minn. R. 7090] an annual assessment of the Public Participation/Involvement program to evaluate of achieving the measurable requirements in Section 17, and determine how the Measurable requirements are activities that must be documented or tracked as applicable to and involvement opportunities, etc.). The permittee must perform the annual assessment prior report and document any modifications made to the program as a result of the annual 18.1 MCM 3: Illicit Discharge Detection and Elimination (IDDE). [Minn. R. 7090] 18.2 New permittees must develop, implement, necessary, and continue to implement and permittee must incorporate Section 18 requirements and enforce, and existing enforce, a program to into their detect program. permittees and must revise eliminate illicit [Minn. R. 7090] their current program as discharges into the MS4. The 18.3 The permittee must maintain a map of the permittee's MS4, as required in Section 14. [Minn. R. 7090] 18.4 To the extent allowable mechanism(s) that authorized in item an ordinance, permits, be enforced by [Minn. R. 7090] under state or local law, the permittee must develop, implement, and enforce a regulatory prohibits non-stormwater discharges into the permittee's MS4 except those non-stormwater discharges 3.2. A regulatory mechanism(s) for the purposes of the General Permit may consist of contract language, standards, written policies, operational plans, legal agreements, or any other mechanism, that will the permittee. The regulatory mechanism(s) must also include items 18.5 and 18.6, as applicable. 18.5 For cities, townships, remove and properly and dispose counties, the permittee's of feces on regulatory mechanism(s) permittee owned land areas. must require [Minn. R. 7090] owners or custodians of pets to 18.6 For institutional, following: a. b. c. implementation (e.g., cities and designated designated sweeping, and townships, the permittee's regulatory non-NPDES permitted industrial salt storage areas must be covered salt storage areas must be located on of practices to reduce exposure diversions, and/or containment). mechanism(s) facilities. At a or indoors; an impervious when transferring [Minn. R. 7090] must require proper salt storage at commercial, minimum, the regulatory mechanism(s) must require the surface, and material in designated salt storage areas Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 9 of 28 18.7 The permittee items 21.9, 21.10, conditions (e.g. must incorporate illicit discharge detection and 21.11. Where feasible, the permittee periods of 72 or more hours of no precipitation). into all must inspection and conduct illicit discharge [Minn. R. 7090] maintenance activities conducted inspections during dry -weather in 18.8 At least once each calendar which could cause illicit discharges), limited to, police, fire department, not limited to videos, in-person year, the permittee must train all field and reporting illicit discharges public works, and parks staff. presentations, webinars training staff for further Training documents, in illicit discharge recognition investigation. Field for this specific requirement and/or emails. (including staff includes, may include, [Minn. R. 7090] conditions but but is not is 18.9 The permittee must permittee's IDDE eliminating illicit refresher -training ensure that individuals receive program. Individuals includes, discharges and/or enforcement. every three (3) calendar years training but is not The permittee following commensurate limited to, individuals must ensure the initial training. with their responsibilities responsible for that previously [Minn. R. 7090] as they relate to the investigating, locating, trained individuals attend a 18.10 The permittee must likelihood for illicit inventory: a. land uses associated b. areas where illicit c. areas with storage maintain a written or mapped inventory of priority areas the discharges. At a minimum, the permittee must evaluate the with business/industrial activities; discharges have been identified in the past; and of significant materials that could result in an illicit discharge. permittee following identifies for potential [Minn. R. 7090] as having inclusion a higher in the 18.11 To the extent allowable identified in item 18.10. under state or local [Minn. R. 7090] law, the permittee must conduct additional illicit discharge inspections in areas 18.12 The permittee discharges. At a a. a timeframe b. use of visual c. tools available analyzing water d. cleanup methods e. name or position [Minn. R. 7090] must implement written procedures for investigating, locating, and eliminating the source of illicit minimum, the written procedures must include: in which the permittee will investigate a reported illicit discharge; inspections to detect and track the source of an illicit discharge; to the permittee to investigate and locate an illicit discharge (e.g., mobile cameras, collecting and samples, smoke testing, dye testing etc.); available to the permittee to remove an illicit discharge or spill; and title of responsible person(s) for investigating, locating, and eliminating an illicit discharge. 18.13 The permittee must implement prevent spills from entering Minnesota Department of the illicit discharge of is a spill written procedures for responding to spills, the MS4. The written procedures must also Public Safety Duty Officer at 800-422-0798 (toll or leak as defined in Minn. Stat. 115.061. including emergency include the immediate free) or 651-649-5451 [Minn. R. 7090] response procedures to notification of the (Metro area), if the source 18.14 The permittee regulatory a. a description b. timeframes c. name or must maintain mechanism(s) in Section of enforcement to complete corrective position title of responsible written enforcement 18. tools available actions; response procedures At a minimum, the written to the permittee and person(s) for conducting (ERPs) ERPs must include: and guidelines enforcement. to compel compliance for the use of [Minn. R. 7090] with the permittee's each tool; 18.15 The permittee must document a. date(s) and location(s) b. reports of alleged illicit permittee; c. date(s) of discovery of d. identification of outfalls e. sources (including a description f. action(s) taken by the the following of IDDE inspections discharges received, all illicit discharges; or other areas, and the responsible permittee, including information: conducted in accordance with items 18.7 and including date(s) of the report(s), and any where illicit discharges have been discovered; party) of illicit discharges (if known); date(s), to address discovered illicit discharges. 18.11; follow-up and action(s) [Minn. R. 7090] taken by the 18.16 For each training in item 18.8 and 18.9, the permittee must document: Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 10 of 28 a. general subject matter b. names and departments c. date of each event. covered; of individuals [Minn. R. 7090] in attendance; and 18.17 The permittee must document At a minimum, the permittee must a. name of the person responsible b. date(s) and location(s) of the c. description of the violation(s); d. corrective action(s) (including e. referrals to other regulatory f. date(s) violation(s) resolved. any enforcement document for violating observed violation(s); completion schedule) organizations (if [Minn. R. 7090] conducted pursuant to the ERPs the following: the terms and conditions of the permittee's issued by the permittee; any); and in item 18.14, including verbal warnings. regulatory mechanism(s); 18.18 The achieving requirements inspections, report permittee must conduct an annual assessment the measurable requirements are activities that must be enforcement, etc.). The permittee and document any modifications of in Section 18 documented must made to the the and or perform program IDDE program to evaluate program compliance, determine how the program might be improved. tracked as applicable to the MCM (e.g., trainings, the annual assessment prior to completion as a result of the annual assessment the status Measurable inventory, of each annual [Minn. R. 7090] of 19.1 MCM 4: Construction Site Stormwater Runoff Control. [Minn. R. 7090] 19.2 New permittees necessary, and must address construction one acre that are discharge to the [Minn. R. 7090] must develop, implement, and enforce, and existing permittees must revise their current program, as continue to implement and enforce, a Construction Site Stormwater Runoff Control program. The program activity with a land disturbance of greater than or equal to one acre, including projects less than part of a larger common plan of development or sale, within the permittee's jurisdiction and that permittee s MS4. The permittee must incorporate Section 19 requirements into their program. 19.3 To the extent mechanism(s) Agency's most regulatory standards, permittee. allowable under that establishes current Construction mechanism(s) for written policies, [Minn. R. 7090] state or local law, the permittee must develop, implement, and enforce a regulatory requirements for erosion, sediment, and waste controls that is at least as stringent as the Stormwater General Permit (MNR100001), herein referred to as the CSW Permit. A the purposes of the General Permit may consist of contract language an ordinance, permits, operational plans, legal agreements, or any other mechanism, that will be enforced by the 19.4 When the CSW Permit is reissued, the of the issuance date of that permit, to controls described in the CSW Permit. permittee must be at least as stringent [Minn. R. 7090] revise their regulatory mechanism(s), if necessary, within 12 months as the requirements for erosion, sediment, and waste 19.5 The permittee's regulatory plans that must be submitted have been met, prior to the operators of construction activity mechanism(s) must require as stringent as described in a. erosion prevention practices; b. sediment control practices; c. dewatering and basin draining; d. inspection and maintenance; e. pollution prevention management f. temporary sediment bas.ns; g. termination conditions. mechanism(s) to the permittee start of construction to keep that site plans the CSW Permit. measures; and [Minn. R. 7090] must require that owners and operators of construction activity develop site for review and confirmation that regulatory mechanism(s) requirements activity. The regulatory mechanism(s) must require the owners and site plans up-to-date with regard to stormwater runoff controls. The regulatory incorporate the following erosion, sediment, and waste controls that are at least 19.6 The permittee must implement written construction activity to ensure compliance procedures must include: a. written notification to owners and operators procedures with requirements proposing for site plan reviews conducted by the of the regulatory mechanism(s). construction activity, including permittee prior At a minimum, projects less than to the start of all the one acre that Coverage issued. September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 11 of 28 are part of a CSW Permit; b. use of a written of each site larger common and checklist, plan required plan of development consistent in item 19.5. or sale, with the requirements [Minn R. 7090] of the need to apply for and obtain coverage under the of the regulatory mechanism(s), to document the adequacy 19.7 The determine requirements permittee must implement an inspection compliance with the permittee's in items 19.8 and 19.9. program regulatory [Minn. R. 7090] that includes written procedures for conducting site inspections, to mechanism(s). The inspection program must also meet the 19.8 The permittee must maintain written minimum, the written procedures a. a detailed explanation describing b. a frequency at which the permittee c. a frequency at which the permittee d. the name(s) of individual(s) or procedures for must include: how sites will be will conduct inspections will conduct inspections position title(s) responsible identifying high-priority categorized as either for high-priority for low -priority for conducting and low high-priority sites; sites; site inspections -priority or low and sites for inspection. -priority; [Minn. R. 7090] At a 19.9 following 1. j. The permittee permittee's a. stabilization b. stabilization c. sediment d. storm e. energy f. vehicle g. preservation within 50 h. owner/operator containment oils curing BMPs must implement a written regulatory mechanism(s). areas, as applicable to each of exposed soils (including of ditch and swale bottoms control BMPs on all down drain inlet protection• dissipation at pipe outlets; tracking BMPs• of a 50 foot natural feet of disturbed soils; of construction activity for all liquid and solid compounds and other construction maintained and functional checklist At a minimum, site: stockpiles); gradient perimeters buffer or redundant self -inspection wastes generated materials); [Minn. R. 7090] to document each site inspection when determining compliance with the the checklist must include the permittee's inspection findings on the of the project and up gradient of buffer zones; sediment controls where stormwater flows to a surface water records; by washout operations (e.g., concrete, stucco, paint, form release and 19.10 The permittee must implement written procedures for receipt and consideration stormwater related information on construction activity submitted by the of reports public to the of noncompliance permittee. or [Minn R. 7090] other 19.11 The permittee permittee's Construction responsible for previously trained [Minn. R 7090] must ensure that individuals receive training commensurate with their responsibilities as they relate to the Site Stormwater Runoff Control program. Individuals includes, but is not limited to, individuals conducting site plan reviews, site inspections, and/or enforcement. The permittee must ensure that individuals attend a refresher -training every three (3) calendar years following the initial training. 19.12 The permittee regulatory a. a description b. name or must maintain mechanism(s) in item of enforcement position title of responsible written enforcement 19.3. At tools available response procedures a minimum, the written to the permittee person(s) for conducting (ERPs) ERPs must include: and guidelines enforcement. to compel compliance for the use of [Minn. R. 7090] with the permittee's each tool; and 19.13 For each site a. project name; b. location; c. total acreage d. owner and e. proof of CSW Permit; f any stormwater determine plan operator notification and project review to be related approval conducted by disturbed; of the proposed to obtain coverage comments and or denial. the permittee, construction under the supporting [Minn. R. 7090] the permittee must document the following: activity; CSW Permit, as required in item 19.6, or proof of coverage under the completed checklist, as required in item 19.6, used by the permittee to Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 12 of 28 19.14 For each training a. general subject b. names and departments c. date of each event. in item matter 19.11, the permittee covered; of individuals [Minn. R. 7090] must document: in attendance; and 19.15 The permittee must document At a minimum, the permittee must a. name of the person responsible b. date(s) and location(s) of the c. description of the violation(s); d. corrective action(s) (including e. referrals to other regulatory f. date(s) violation(s) resolved. any enforcement document for violating observed violation(s); completion schedule) organizations (if [Minn. R. 7090] conducted pursuant to the ERPs in item 19.12, including verbal warnings. the following: the terms and conditions of the permittee's regulatory mechanism(s); issued by the permittee; any); and 19.16 The permittee must conduct an annual evaluate program compliance, the program might be improved. Measurable the MCM (e.g., inventory, trainings, annual assessment prior to completion result of the annual assessment assessment status of achieving requirements site plan reviews, of each annual [Minn. R. 7090] of the Construction Site Stormwater Runoff Control program to the measurable requirements in Section 19, and determine how the are activities that must be documented or tracked as applicable to inspections, enforcement etc.). The permittee must perform the report and document any modifications made to the program as a 20.1 MCM 5 Post -Construction Stormwater Management. [Minn. R. 7090] 20.2 New permittees necessary, or reduces land disturbance plan of development must incorporate must develop, implement, and continue to implement water pollution after of greater than or sale, within Section 20 requirements and enforce, and enforce, a construction activity or equal to one acre, the permittee's jurisdiction into their Post is completed. including program. and existing -Construction permittees Stormwater The program projects less than and that discharge [Minn R. 7090] must revise their current program, as Management program that prevents must address construction activity with one acre that are part of a larger common to the permittee's MS4 The permittee 20.3 To mechanism(s) Permit agreements, the extent allowable under state or local law, the permittee must that incorporates items 20.4 through 20.15. A regulatory may consist of contract language, an ordinance, permits, standards, or any other mechanism, that will be enforced by the develop, mechanism(s) written permittee. implement, and for the policies, operational [Minn. R. 7090] enforce a regulatory purposes of the General plans, legal 20.4 The post review [Minn. permittee's -construction and confirmation R. 7090] regulatory mechanism(s) must require owners of construction activity to submit site plans with stormwater management BMPs designed with accepted engineering practices to the permittee for that regulatory mechanism(s) requirements have been met, prior to start of construction activity. 20.5 The permittee's any project more acres. regulatory where the sum [Minn. R. 7090] mechanism(s) must of the new impervious require surface owners of construction activity to treat the water quality volume on and the fully reconstructed impervious surface equals one or 20.6 For construction activity (excluding linear projects) sum of the new and the fully reconstructed impervious the water quality surface volume must [Minn. R. 7090] be calculated as one (1) inch times the 20.7 For linear projects the water surface or one-half (0.5) inch water quality volume cannot right-of-way, easement, or Volume reduction practices required if the practices cannot cannot be obtained owners discharge from the MS4. quality volume times the sum be treated other permission must be considered be provided of construction [Minn. R. 7090] must be calculated as the larger of one (1) inch times the new impervious of the new and the fully reconstructed impervious surface Where the entire within the existing right-of-way, a reasonable attempt to obtain additional to treat the stormwater during the project planning process must be made. first, as described in item 20.8. Volume reduction practices are not cost effectively. If additional right-of-way easements, or other permission activity must maximize the treatment of the water quality volume prior to 20.8 Volume reduction practices (e.g., infiltration or other) when designing the permanent stormwater treatment basins and filtration systems to be volume reduction to retain the water quality volume system. The General Permit does practices. If the General Permit on-site must be considered first not consider wet sedimentation prohibits infiltration as described in Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 13 of 28 item 20.9, other [Minn. R. 7090] volume reduction practices, a wet sedimentation basin, or filtration basin may be considered. 20.9 Infiltration j. a. that reconstructed b. where determination checklist, be retained c. where 8.3 inches d. with seasonally e. of predominately f. in an Minn. R. Health• g. in an of engineering h outside a higher groundwater 1. within that receive salvage transportation See "higher systems must receive discharges impervious high levels of the owners which is available with the site soil infiltration per hour; less than three saturated soils Hydrologic Emergency Response 4720.5100, subp. ERA within a DWSMA review of an ERA within level of engineering 1,000 feet up -gradient stormwater yards; scrap recycling facilities level of engineering be prohibited from surface• contaminants and/or in the plans; rates are (3) feet or the Area 13, classified sufficient a DWSMA review runoff and that conduct when the system would be constructed vehicle fueling and maintenance areas, regardless in soil or groundwater may be mobilized by operators of construction activity must complete Minnesota Stormwater Manual, or conduct their more than 8.3 inches per hour unless soils are of separation distance from the bottom of the infiltration top of bedrock; Soil Group D (clay) soils; (ERA) within a Drinking Water Supply Management classified as high or very high vulnerability as defined as moderate vulnerability unless the permittee to provide a functioning treatment system and classified as high or very high vulnerability sufficient to provide a functioning treatment or 100 feet down gradient of active karst features; from these types of entities regulated under NPDES waste recycling facilities; hazardous waste treatment, deicing activities. review" in the Minnesota Stormwater Manual for in areas: of the amount of new the infiltrating stormwater. the Agency's site own assessment. The amended to slow the system to the Area (DWSMA) by the Minnesota performs or approves to prevent adverse impacts unless the permittee system and to prevent or for industrial stormwater: storage, or disposal more information. and fully To make screening assessment assessment infiltration rate elevation of the as defined in Department of a higher to groundwater; performs or approves adverse impacts automobile facilities; [Minn. R. 7090] this must below level to or air 20.10 For non-linear projects, where construction activity, the where off-site treatment original construction activity, minimum, ensure the requirements the water quality volume permittee must identify, or may projects can be completed. If the the remaining water quality of items 20.11 through cannot cost effectively require owners of entire water quality volume must be 20.14 are met. be treated the construction volume is addressed through [Minn. R. 7090] on the site of the original activity to identify, locations not addressed on the site of the off-site treatment and at a 20.11 The permittee must ensure off-site a. locations that yield benefits to b. locations within the same Department c. locations in the next adjacent DNR d. locations anywhere within the treatment project areas the same receiving water of Natural Resource catchment area up -stream; permittee's jurisdiction. are selected that receives (DNR) or [Minn. R. 7090] catchment in the following order of preference: runoff from the original construction activity; area as the original construction activity; 20.12 Off-site treatment structural stormwater of structural stormwater [Minn. R. 7090] projects must involve the creation of new structural stormwater BMPs or the retrofit of existing BMPs or the use of a properly designed regional structural stormwater BMP. Routine maintenance BMPs already required by the General Permit cannot be used to meet this requirement. 20.13 Off-site treatment projects must be If the permittee determines more reason(s) and schedule(s) for completing completed time is needed the no project later to complete than 24 months the treatment in the annual report. after the start of project, the [Minn. R. 7090] the original construction activity. permittee must provide the 20.14 If the permittee receives apply any such payment items 20.11 through payment received 20.13. from the to a public [Minn. R. 7090] owner of a construction activity for off-site treatment, the permittee must stormwater project, and all projects must comply with the requirements in 20.15 The permittee's regulatory mechanism(s) must include owners of structural stormwater BMPs not owned or operated the establishment by the of legal mechanism(s) between the permittee and permittee, that have been constructed to meet the Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 14 of 28 requirements in Section a. allow the permittee perform necessary maintenance, the owner of that structural b. are designed to preserve owned or operated c. are designed to protect/preserve effectiveness, new, repaired, treatment to the original 20. The to conduct stormwater the by the permittee, or BMP. legal mechanism(s) inspections and assess costs BMP permittee's right when those structural improved structural [Minn. R. 7090] must include provisions that, at a minimum: of structural stormwater BMPs not owned or operated by the permittee, for those structural stormwater BMPs when the permittee determines has not ensured proper function; to ensure maintenance responsibility, for structural stormwater BMPs not responsibilities are legally transferred to another party; and stormwater BMPs. If structural stormwater BMPs change, causing decreased stormwater BMPs must be implemented to provide equivalent 20,16 The permittee must maintain a written or permittee that meet all of the following criteria: a. the structural stormwater BMP includes for the long-term maintenance, as required b. the structural stormwater BMP was implemented mapped inventory of structural an executed legal mechanism(s) in item 20.15; and on or after August stormwater between 1, 2013. BMPs not the permittee [Minn. R. 7090] owned or operated by the and owners responsible 20.17 The permittee must implement written construction activity, to ensure compliance procedures with requirements for site plan reviews of the conducted permittee's regulatory by the permittee prior to mechanism(s). the start of [Minn. R. 7090] 20.18 The permittee must ensure that individuals permittee's Post -Construction Stormwater responsible for conducting site plan reviews individuals attend a refresher -training receive training commensurate with Management program. Individuals and/or enforcement. The permittee every three (3) calendar years following their responsibilities includes, but must ensure the initial training. is not that limited as they relate to individuals previously trained [Minn. R. 7090] to the 20.19 The permittee regulatory a. a description b. name or must maintain mechanism(s) required of enforcement position title of responsible written enforcement in Section tools available response procedures 20. At a minimum, to the permittee person(s) for conducting (ERPs) the written ERPs and guidelines enforcement. to compel compliance must include: for the use of [Minn. R. 7090] with the permittee's each tool; and 20.20 For a. supporting calculations b. the the c. documentation the d. payments e. all responsible each site water total water location legal mechanisms plan review conducted documentation for the permanent quality volume that quality volume associated of permanent stormwater received and used drafted parties involved. by the permittee, used to determine stormwater treatment will be treated required to be with off-site treatment treatment in accordance in accordance [Minn. R. 7090] the permittee must document the following: compliance with Section 20 of the General Permit, including any system; through volume reduction practices (e.g., infiltration or other) compared to treated; projects authorized by the permittee, including rationale to support projects in accordance with items 20,10 and 20.11; with item 20 14; and with item 20 15, including date(s) of the agreement(s) and name(s) of all 20.21 For each training a. general subject b. names and departments c. date of each event. in item matter 20.18, the permittee covered; of individuals [Minn. R. 7090] must document: in attendance; and 20.22 The permittee must document At a minimum, the permittee must a. name of the person responsible b. date(s) and location(s) of the c. description of the violation(s); d. corrective action(s) (including e. referrals to other regulatory f. date(s) violation(s) resolved. any enforcement document for violating observed violation(s); completion schedule) organizations (if [Minn. R. 7090] conducted pursuant to the ERPs the following: the terms and conditions of the permittee's issued by the permittee; any); and in item 20.19, including verbal warnings. regulatory mechanism(s); Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 15 of 28 20.23 The permittee must conduct program compliance, the might be improved. Measurable MCM (e.g., inventory, trainings, assessment prior to completion the annual assessment. an annual status of achieving requirements site plan of each [Minn. R. 7090] assessment of the Post -Construction Stormwater Management program to evaluate the measurable requirements in Section 20, and determine how the program are activities that must be documented or tracked as applicable to the reviews, inspections, enforcement, etc.). The permittee must perform the annual annual report and document any modifications made to the program as a result of 21.1 MCM 6: Pollution Prevention/Good Housekeeping For Municipal Operations. [Minn. R. 7090] 21.2 New continue the requirements permittees must develop to implement MS4 from permittee into their an owned/operated program. and operations implement and and maintenance facilities [Minn. R. 7090] existing permittees must revise their current program, as necessary, and program that prevents or reduces the discharge of pollutants to and operations The permittee must incorporate Section 21 21.3 The pollutants discharges a. b. c. d. e. f. g. h. I. .i. k. I. n. o. p. q. permittee must to stormwater from all composting; equipment storage hazardous waste hazardous waste landfills; solid waste handling parks; pesticide storage; public parking lots; public golf courses; public swimming public works yards; m. recycling; salt storage, snow storage; vehicle storage materials storage maintain discharges. inventoried and maintenance; disposal; handling and pools; and maintenance yards. [Minn. a written or The facilities. Facilities and transfer; transfer; (e.g., R. 7090] mapped inventory of permittee owned/operated permittee must implement BMPs that prevent to be inventoried may include but fueling and washing) yards; and facilities that contribute or reduce pollutants in stormwater is not limited to: 21,4 .1. The municipal a. waste b. management removal c. vehicle d. routine e. emergency f. cleaning g. use, h. landscaping, i. road right-of-way k. application permittee must implement operations that may disposal and storage, of temporary piles (e.g , effective fueling, washing, and street and parking response; of maintenance equipment, storage, and disposal park, and lawn maintenance, including maintenance, of herbicides, BMPs that prevent contribute pollutants including dumpsters; and permanent sediment controls maintenance; lot sweeping; building of significant materials; maintenance; pothole repair, including mowing; pesticides and or to stockpiles at the exteriors, road shoulder and fertilizers. reduce pollutants stormwater discharges, of materials base of stockpiles dumpsters, maintenance, [Minn. R. 7090] such and in stormwater discharges from the following where applicable: as street sweepings, snow, sand and sediment on the down gradient perimeter); the disposal of associated waste and wastewater; pavement marking, sealing, and repaving; 21.5 The permittee a. cover b. store c. implement or store salt on must implement the salt indoors; an impervious surface, practices to reduce exposure following BMPs at permittee and when transferring owned/operated salt material from salt storage storage areas: areas (e.g., sweeping, diversions, Coverage issued. September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 16 of 28 and/or containment). [Minn. R. 7090] 21.6 The activities (e.g., permittee for plowing must implement a written the permittee. The policy or other snow removal snow and ice management must establish practices practices, sand use, and application and policy for individuals procedures for of deicing snow compounds). that perform and ice control winter maintenance operations [Minn. R. 7090] 21.7 Each receive a. b. and c. tools Salting The requirement. calendar training the importance BMPs to minimize anti -icing); and resources Assessment permittee year, the permittee that includes: of protecting the use and to assist Tool). may use training [Minn. R. 7090] must ensure all individuals that perform winter maintenance activities for the permittee water quality; of deicers (e.g., proper calibration of equipment and benefits of pretreatment, pre -wetting, in winter maintenance (e.g., deicing application rate guidelines, calibration charts, Smart materials from the Agency's Smart Salting training or other organizations to meet this 21.8 The all permittee must maintain permittee owned/operated written procedures for the purpose of determining the TSS and TP treatment effectiveness ponds constructed and used for the collection and treatment of stormwater. of [Minn. R. 7090] 21.9 The permittee schedule permittee a. complaints b. maintenance case the must inspect structural stormwater below) each calendar year to determines either of the following received or patterns of maintenance or sediment removal is permittee may reduce the frequency BMPs determine structural conditions indicate not required of inspections (excluding stormwater ponds, which are under integrity, proper function, and maintenance apply: a greater frequency is necessary; or after completion of the first two calendar year to once every two (2) calendar years. a separate needs unless inspections; in [Minn. R. 7090] the which 21.10 Prior to outfalls needs the expiration (excluding underground [Minn. R. 7090] date of the General Permit, the permittee must conduct at least one inspection of all ponds and outfalls) in order to determine structural integrity, proper function, and maintenance 21.11 Based on inspection in order to ensure must complete completed within [Minn. R. 7090] findings, the permittee must determine if repair, replacement, or maintenance measures are necessary the structural integrity and proper function of structural stormwater BMPs and outfalls. The permittee necessary maintenance as soon as possible. If the permittee determines necessary maintenance cannot be one year of discovery, the permittee must document a schedule(s) for completing the maintenance. 21.12 The permittee responsibilities use training other organizations a. address b. cover items 18.8, c. include training must implement a as they relate to the materials from the United as appropriate the importance of protecting the requirements of the 18.9, 19.11, 20.18, and a schedule that establishes intervals to address changes stormwater permittee's States to meet permit 21.7; initial in management SWPPP, Environmental this requirement. water quality; relevant to and training procedures, training program including reporting Protection The training the responsibilities for individuals, including practices, techniques, commensurate and Agency (USEPA), program of the individual new or requirements. assessment state must: not and/or seasonal with individual's activities. The and regional already addressed employees, [Minn. R. 7090] permittee may agencies, or in and recurring 21.13 The permittee a. date(s) in accordance b. any adjustments c. date(s) and discharge d schedule(s) e stormwater individuals must document the following information and description of findings including whether with items 21.9 and 21.10 to inspection frequency as authorized a description of maintenance conducted is detected; for maintenance of structural stormwater management training events, including in attendance, and date of each event. associated or not an in item as a result BMPs and general subject [Minn. R. 7090] with the operations and maintenance program: illicit discharge is detected, for all inspections conducted 21.9; of inspection findings, including whether or not an illicit outfalls as required in item 21.11; and matter covered, names and departments of Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 17 of 28 21.14 The permittee must document a. a unique ID number and b. the volume (e.g. cubic c. results from any testing d. location(s) of final disposal pond sediment excavation and removal geographic coordinates of each stormwater yards) of sediment removed from each of sediment from each removal activity; of sediment from each stormwater stormwater and pond. activities, including: pond from which pond; [Minn. R. 7090] sediment is removed; 21.15 The permittee compliance, the might be improved. MCM (e.g., inventory, assessment prior of the annual assessment. must conduct status of achieving Measurable trainings, to completion an annual assessment the measurable requirements inspections, of each annual [Minn. R. 7090] of the operations and maintenance program to evaluate program requirements in Section 21, and determine how the program are activities that must be documented or tracked as applicable to the maintenance activities, etc.). The permittee must perform the annual report and document any modifications made to the program as a result 22.1 Discharges to Impaired Waters with a USEPA-Approved TMDL that Includes an Applicable WLA. [Minn. R. 7090] 22.2 If the permittee summary include a. a list b. the implementation c. an updated has an applicable WLA not being met for oxygen demand, of the permittee's progress toward achieving those applicable the following information: of all BMPs applied towards achieving applicable WLAs for status of BMPs included in the compliance estimate of cumulative TSS and TP load reductions. nitrate, WLAs with oxygen demand, schedule at the [Minn. R. 7090] TSS, or TP, the permittee must provide a the annual report. The summary must nitrate, TSS, and TP; time of final application submittal; and 22.3 If the permittee maintain a written or other bird, dog has an applicable or mapped parks). WLA where inventory [Minn. R. 7090] a reduction in pollutant loading is required for bacteria, the permittee must of potential areas and sources of bacteria (e.g., dense populations of waterfowl 22.4 If the permittee has an applicable WLA where must maintain a written plan to prioritize reduction item 22.3. The written plan must include BMPs is not limited to: a. water quality monitoring to determine areas b. installation of pet waste pick-up bags in c. elimination of over -spray irrigation that d. removal of organic matter via street sweeping; e. implementation of infiltration structural f. management of areas that attract dense parks may stormwater populations a reduction activities the permittee of high bacteria and open occur at permittee BMPs; of in pollutant loading to address will implement loading; spaces; owned or waterfowl (e.g., the areas; riparian is required areas over the and sources permit plantings). for bacteria, the permittee identified in the term, which may [Minn. R. 7090] inventory in include, but 22.5 If the permittee must document [Minn. R. 7090] has an applicable WLA where a reduction in pollutant loading is required for chloride, the permittee the amount of deicer applied each winter maintenance season to all permittee owned/operated surfaces. 22.6 If the permittee the permittee deicing BMPs. complete to: a. operational road surface b. implementation c. regular d. optimizing e. designation has an applicable WLA where a must conduct an assessment of the salt applied to permittee owned/operated The permittee may use the Agency's Smart this assessment. The permittee must changes such as pre -wetting, pre temperature, etc.; of new or modified equipment calibration of equipment; mechanical removal to reduce use of no salt and/or low salt zones. reduction in pollutant permittee's surfaces and Salting Assessment document the -treating the salt providing pre of deicers; or [Minn. R. 7090] loading is required for chloride, each calendar year winter maintenance operations to reduce the amount of determine current and future opportunities to improve Tool or other available resources and methods to assessment The assessment may include, but is not limited stockpile, increasing plowing prior to deicing, monitoring of -wetting, or other capability for minimizing salt use; 22.7 If the permittee has an applicable WLA where a reduction in pollutant loading is required for temperature (i.e., City of Duluth, City of Hermantown, City of Rice Lake, City of Stillwater MnDOT Outstate, St. Louis County, University of Minnesota Coverage issued: September 28, 2021 Permit expires: November 15, 2025 M5400026 Page 18 of 28 - Duluth, permittee limited a. implementation b. disconnection c. retrofitting d. improvement and Lake Superior will implement to: of and/or existing of riparian College), to reduce infiltration reduction structural vegetation. the thermal BMPs such of impervious stormwater permittee must loading during as bioinfiltration surfaces; BMPs; or [Minn. R 7090] maintain a written plan that identifies specific activities the the permit term. The written plan may include, but is not practices; 23.1 Alum or Ferric Chloride Phosphorus Treatment Systems. [Minn. R. 7090] 23.2 If the requirements. permittee uses an alum [Minn. R. 7090] or ferric chloride phosphorus treatment system, the permittee must comply with Section 23 23.3 The permittee's a. the permittee discharges b. the treatment utilized conveyances c. phosphorus the Agency; d. in -lake must and phosphorus alum or ferric chloride phosphorus treatment system must comply with must use the treatment system for the treatment of phosphorus in stormwater. not be treated by this system; system must be contained within the conveyances and structural stormwater and structural stormwater BMPs must not include any receiving waters; treatment systems utilizing chemicals other than alum or ferric chloride must treatment activities are not authorized under the General Permit. the following: Non-stormwater BMPs of receive written [Minn. R. 7090] the MS4. The approval from 23.4 The permittee's alum or ferric chloride phosphorus treatment system must meet a. the treatment system must be constructed in a manner that diverts the stormwater conveyance system; b. a high flow bypass must be part of the inlet design; and c. a flocculant storage/settling area must be incorporated into the design, and provided (minimum of 8 feet wide) for the removal of accumulated sediment. the following flow to adequate maintenance [Minn. R. 7090] design parameters: be treated from the main access must be 23.5 A designated person must seven (7) days, and within which occurs within 24 hours after that rainfall event perform visual 24 hours after after a rainfall [Minn. R. 7090] monitoring of the treatment system for proper performance at least once every a rainfall event greater than 2.5 inches in 24 hours. Following visual monitoring event, the next visual monitoring must be conducted within seven (7) days 23.6 Three (3) benchmark monitoring units of measure, and frequency stations must be established. Table of measurement for each station. 1 [Minn. in Appendix R. 7090] A must be used for the parameters, 23.7 Samples must be collected as grab samples or flow -weighted 24-hour composite samples. [Minn. R. 7090] 23.8 Each sample, excluding and/or the Agency, a. sample preservation Minn. R 7041.3200; b detection limits 6 micrograms per c. pH must be [Minn. R. 7090] pH samples, must be analyzed by and and test procedures for the analysis for dissolved phosphorus, dissolved aluminum, liter, 10 micrograms per liter, and 20 micrograms measured within 15 minutes of sample collection a laboratory of pollutants using certified by the Minnesota Department of Health must conform to 40 CFR Part 136 and and dissolved iron must be a minimum of per liter, respectively; and calibrated and maintained equipment. 23.9 In the following situations, the permittee must perform corrective action(s) and immediately notify the Minnesota Department of Public Safety Duty Officer at 800-422-0798 (toll free) or 651-649-5451 (Metro area): a. the pH of the discharged water is not within the range of 6.0 and 9.0; b. any indications of toxicity or measurements exceeding water quality standards which could endanger human health, public drinking water supplies, or the environment; or c. a spill or discharge or alteration resulting in water pollution as defined in Minn. Stat. 115.01, subd. 13, of alum or ferric chloride. Coverage issued. September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 19 of 28 if item b is applicable, the [Minn. R. 7001 0150, subp permittee must also 3(K), Minn. R. 7090] report the non-compliance to the Commissioner as required in item 26.11. 23.10 f determines report the permittee discovers does not the non-compliance indications of toxicity or measurements endanger human health, public drinking to the Commissioner as required exceeding water supplies, in item 26.12. water quality standards or the environment, the [Minn R. 7001.0150, subp. that the permittee permittee must 3(L), Minn. R. 7090] 23.11 The permittee month -by -month a. date(s) of operation; b. chemical(s) c. gallons of water d. gallons of alum e. calculated pounds f. any performance [Minn R. 7090] must submit the following information with the annual report. The annual report must include a summary of: used for treatment; treated; or ferric chloride treatment used; of phosphorus removed; and issues and the corrective action(s), including the date(s) when corrective action(s) were taken. 23.12 A record of the design parameters in items 23.13 through 23.15 must be kept on-site. [Minn. R. 7090] 23.13 Site-specific approved jar testing conducted version of ASTM D2035. using [Minn. typical and R 7090] representative water samples in accordance with the most current 23.14 Baseline a. b. aluminum phosphorus. concentrations or of the iron; and [Minn. R 7090] following parameters in the influent and receiving waters: 23.15 The following a. flocculant settling b. minimum required c. rate of diversion d. the flow rate e. range of expected system parameters velocity; retention of stormwater from the discharge dosing and time; into rates. how each was the system; of the outlet structure; [Minn. R. 7090] determined: and 23.16 The a. equipment; b. handled c. following site-specific procedures for the installation, specific parameters for and disposed of; procedures for cleaning procedures determining and up must be operation and when the and/or containing developed maintenance solids a spill and a copy kept on-site: of all pumps, generators, must be removed from the system of each chemical stored on-site. control systems, and how the [Minn. R. 7090] and other solids will be 24.1 Stormwater Pollution Prevention Program (SWPPP) Modification [Minn. R. 7090] 24.2 The Minn. a. discharges b. more c. additional and Commissioner R. 7001, and from the stringent requirements conditions protect water quality. may require may consider MS4 are the permittee the following are impacting are necessary deemed necessary [Minn. R 7090] to modify the SWPPP as needed, in accordance with the procedures of factors: the quality of receiving waters; to comply with state or federal regulations; and to comply with the goals and applicable requirements of the Clean Water Act 24.3 Modifications approved forth requirements that the by the Commissioner schedules for compliance. of the permittee chooses to make in accordance The request must permit, and meet other applicable with to the SWPPP the procedures discuss alternative laws. other than of Minn. program [Minn. R. 7090] modifications authorized R. 7001 All requests must modifications, assure compliance in item 24.4, must be be in writing, setting with 24.4 The permittee of the modification following categories: may modify the SWPPP without prior approval of the Commissioner provided the Commissioner is notified in the annual report for the year the modification is made and the modification falls under one of the Coverage issued September 28, 2021 Permit expires: November 15, 2025 M5400026 Page 20 of 28 a. a BMP is added and b. a less effective BMP concerns as the ineffective none subtracted, from is replaced with a or failed BMP. the SWPPP; more effective BMP. [Minn. R. 7090] or The alternate BMP must address the same, or similar, 25.1 Annual Assessment, Annual Reporting, and Recordkeeping. [Minn. R. 7090] 25.2 The permittee must conduct an annual assessment to evaluate compliance with the terms General Permit, including the effectiveness of the components of the SWPPP and the status requirements in the General Permit. Measurable requirements are activities that must (e.g., education and outreach efforts implementation of written plans, inventories, trainings, enforcement, etc.). The permittee must perform the annual assessment prior to completion document any modifications made to the SWPPP as a result of the annual assessment. and conditions of achieving be documented site plan of each annual [Minn. R. 7090] of the the measurable or tracked reviews, inspections, report and 25.3 identified The permittee portion of the previous General Permit. but is not limited a. the status of by the assessment must findings, and public b. the stormwater c. a change in any d. the summary e. information f. a statement that more permit requirements [Minn. R. 7090] must The to: compliance permittee be identified required required submit an annual report: Due annually, calendar year during which the annual report shall be submitted to with permit terms and conditions, and progress towards achieving based on results of information collected input received during the reporting activities the permittee plans to undertake BMPs for any of the MCMs; in item 22.2 to demonstrate progress to be recorded or documented the permittee is relying on a partnership(s) (if applicable), and what agreements by the 30th of June. The annual report permittee was authorized to discharge stormwater the Agency, in a manner determined by including an assessment of the appropriateness the measurable requirements of each and analyzed, including monitoring period; during the next reporting cycle; toward achieving applicable WLAs; in Sections 13 through 24; and with another regulated small MS4(s) the permittee has entered into must cover the under the the Agency, that includes of BMPs of the MCMs. The (if any), inspection to satisfy one or in support of this effort. 25.4 The regular permittee must make records, including components of business hours (see 40 CFR 122.7 for confidentiality the SWPPP, provision). available to the [Minn. R. 7090] public at reasonable times during 25.5 The permittee must retain requirements, all data developed as a requirement years beyond the date enforcement action regarding copies and information of permit of of the permit application, used by the permittee the General Permit or expiration. This period the small MS4 or as requested all documentation necessary to complete the application as requested by the Commissioner, is automatically extended during by the Commissioner. to comply with SWPPP process, and any information for a period of at least three (3) the course of an unresolved [Minn R. 7001.0080, Minn. R. 7090] 25.6 The permittee that are relevant the General Permit Minn. R. 7090] must, when requested by the Commissioner, submit within a reasonable time the information and reports to the control of pollution regarding the construction, modification or operation of the facility covered by or regarding the conduct of the activity covered by the General Permit. [Minn. R. 7001.0150, subp. 3(H), 25.7 The permittee must use an electronic General Permit. If electronic submittal Supervisor, Municipal Stormwater Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul Minnesota 55155-4194. submittal is not available, Unit [Minn. R. 7090] process as provided by the Agency, to submit information required by the the permittee must use the following mailing address: 26.1 General Conditions. [Minn. R. 7090] 26.2 The or federal subp. Agency's 3(A)] issuance of a permit does not release the permittee from any liability, penalty or duty imposed by Minnesota statutes or rules or local ordinances, except the obligation to obtain the General Permit. [Minn. R. 7001.0150, 26.3 The Agency's issuance or orders more stringent of a permit does not than those now prevent the future adoption in existence and does not by the Agency of pollution control rules, standards, prevent the enforcement of these rules, standards or Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 21 of 28 orders against the permittee. [Minn. R. 7001.0150, subp. 3(B)] 26.4 The General Permit does not convey a property right or an exclusive privilege. [Minn. R. 7001.0150, subp. 3(C)] 26.5 The Agency s issuance of by Minnesota statutes. a permit does not obligate [Minn. R. 7001.0150, subp. the 3(D)] Agency to enforce local laws, rules or plans beyond that authorized 26.6 The and subp. permittee specifications 3(E)] must perform the actions or conduct the activity authorized by the permit in accordance with the plans approved by the Agency and in compliance with the conditions of the permit. [Minn. R. 7001.0150, 26.7 The permittee must at appurtenances related the General Permit. Proper operator staffing and training, procedures. The permittee achieve compliance with permits, if these backup all times properly operate and maintain the facilities and systems to them which are installed or used by the permittee to achieve operation and maintenance includes effective performance, and adequate laboratory and process controls, including must install and maintain appropriate backup or auxiliary facilities the conditions of the General Permit and, for all permits other or auxiliary facilities are technically and economically feasible. of treatment and control compliance with the conditions adequate funding, adequate appropriate quality assurance if they are necessary than hazardous waste facility [Minn. R. 7001.0150, subp. and to 3(F)] the of 26.8 The plan permittee plans, subp. permittee may not knowingly or other document required must immediately upon or other documents. [Minn. 1(H), Minn Stat. 609.671] make a false or misleading statement, representation, or certification in a record, report, to be submitted to the Agency or to the Commissioner by the General Permit. The discovery report to the Commissioner an error or omission in these records, reports, R 7001.0150, subp. 3(G), Minn. R. 7001.1090, subp. 1(G), Minn. R. 7001.1090, 26.9 When authorized Agency, or an authorized upon the property covered by the General the construction, General Permit. by Minn. Stat 115.04, 115B.17, employee or agent of the permittee to examine Permit; and to conduct modification, or operation [Minn. R. 7001.0150, subp. of of 3(1)] subd. 4, and 116.091, the Agency, must and copy books, surveys and investigations the facility covered and upon presentation of proper credentials, the be allowed by the permittee to enter at reasonable times papers, records, or memoranda pertaining to the activity including sampling or monitoring, pertaining to by the permit or pertaining to the activity covered by the 26.10 If the of the human subp. permittee General health 3(J)] discovers, through any means, including notification by the Agency, that noncompliance with a condition Permit has occurred, the permittee must take all reasonable steps to minimize the adverse impacts on public drinking water supplies, or the environment resulting from the noncompliance. [Minn. R. 7001.0150, 26.11 If the permittee discovers human health, public drinking the noncompliance orally must submit to the Commissioner dates of the period of the to continue; and steps taken [Minn. R. 7001.0150 subp. that noncompliance water notify noncompliance; or 3(K)] with a condition of the General Permit has occurred which could endanger supplies, or the environment, the permittee must, within 24 hours of the discovery of the Commissioner. Within five days of the discovery of the noncompliance the permittee a written description of the noncompliance; the cause of the noncompliance; the exact if the noncompliance has not been corrected, the anticipated time it is expected planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 26.12 The permittee must report report which the permittee discovery of the noncompliance, discovery of the noncompliance. noncompliance is required with the General to submit under the the permittee must submit [Minn. R. 7001.0150, subp. Permit not reported General Permit. If no the information listed 3(L), Minn. R. 7090] under item 26.11 as a part of the next reports are required within 30 days of the in item 26.11 within 30 days of the 26.13 The permittee must give advance notice to the Commissioner additions to the permitted facility (MS4) or activity that may control statute or rule or a condition of the General Permit. as soon as possible of planned result in noncompliance [Minn. R. 7001.0150, subp. with a 3(M)] physical alterations or Minnesota or federal pollution 26.14 The General Permit with the requirements conditions of the General is not transferable of Minn. R. Permit. to any person without 7001.0190. A person to [Minn. R. 7001.0150, subp the express whom the 3(N)] written approval of the Agency after compliance permit has been transferred must comply with the 26.15 The General the directed, employees, General Permit Permit. In environment caused or undertaken that liability authorizes issuing is the by the under explicitly the permittee to perform permit, the state and activities of the permittee the permit. To the extent limited to that the Agency the provided activities described assume no responsibility in the conduct of its actions, state and Agency may in the Tort Claims Act, in the permit under the for damage to persons, including those be liable for the activities Minn. Stat. 3.736. conditions of the property, or activities authorized, of its [Minn. R. 7001.0150, Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 22 of 28 subp. 3(0)] 26.16 The General Permit incorporates by reference Minn. R. 7001.1090, which are enforceable the applicable portions of parts of the General Permit. 40 CFR 122.41 [Minn R. 7090] and 122.42(c) and (d), and 26.17 The provisions of the General Permit are severable, and if any provision of the General provision of the General Permit to any circumstance, is held invalid the application of circumstances and the remainder of the General Permit shall not be affected thereby. Permit, or the such provision [Minn. R. 7090] application of any to other 27.1 Definitions. [Minn. R. 7090] 27.2 'Active karst' means a terrain having distinctive rocks within 50 feet of the land surface landforms [Minn. R. 7090] and hydrology created primarily from the dissolution of soluble 27.3 "Agency" means the Minnesota Pollution Control Agency or MPCA. [Minn. Stat. 116.36, subd. 2] 27.4 "Alum or Ferric Chloride Phosphorus Treatment of phosphorus through the use a continuous feed treated stormwater back into a MS4 or receiving System" of alum water. means the diversion or ferric chloride [Minn. R. 7090] of flowing stormwater from a MS4, removal additive, flocculation, and the return of the 27.5 "Applicable WLA" means a Waste Load issuance date of the General Permit. Allocation assigned [Minn. R. 7090] to the permittee and approved by the USEPA prior to the 27.6 "Best including requirements, drainage Management Practices or schedules of activities, prohibitions operating procedures from raw material storage. "BMPs' means practices to prevent of practices, and and practices to control plant [Minn. R. 7001.1020, subp. other 5] or reduce the pollution of the waters of the state, management practices, and also includes treatment site runoff, spillage or leaks, sludge, or waste disposal or 27.7 "Commissioner" means the [Minn. Stat. 116.36, subd. 3] Commissioner of the Minnesota Pollution Control Agency or the Commissioner's designee. 27.8 'Common Plan of Development activities may be taking defined to include design activities may occur. or Sale" place at different permit application, [Minn. R. 7090] means a contiguous area where multiple separate and distinct land disturbing times, on different schedules, but under one proposed plan. One plan is broadly advertisement or physical demarcation indicating that land -disturbing 27.9 "Construction to or common This nonvegetative, erosion for purpose non projects) Activity' means activities greater than one acre, including plan of development or sale includes a disturbance to the land or the existing soil topography and movement of sediment. the purpose of routine maintenance of the facility. Routine maintenance -routine maintenance. Pavement is not construction activity. including clearing, the disturbance if the larger common that results that Construction activity performed does not rehabilitation [Minn. R. 7090] in to that grading, and excavating, that result of less than one acre of total land area that plan will ultimately disturb equal to a change in the topography, existing soil cover, may result in accelerated stormwater runoff does not include a disturbance to the maintain the original line and grade, hydraulic include activities such as repairs replacement does not disturb the underlying soils (e.g., in land disturbance of equal is part of a larger or greater than one acre. both vegetative and that may lead to soil land of less than five acres capacity, and original and other types of mill and overlay 27.10 'DNR Catchment Area" means the Hydrologic Unit 08 areas areas are available for download at the Minnesota DNR Geospatial corrected, in which case the local corrections may be used. delineated and Commons [Minn. R. 7090] digitized by the Minnesota DNR. The catchment website. DNR catchment areas may be locally 27.11 "Existing Permittee" means previously issued general an owner/operator of a small MS4 that has been permit for small MS4s in the state of Minnesota. authorized to [Minn. R. 7090] discharge stormwater under a 27.12 'Fully such underlying such improvements reconstructed" means areas where impervious surfaces as structure renovation, mill and overlay projects, soils beneath the structure, pavement, or activity as catch basin repair/replacement utility repair/replacement, are not considered fully reconstructed. have been and other pavement are not considered pipe [Minn. R. 7090] removed down to the underlying soils. Activities rehabilitation projects that do not expose the fully reconstructed. Maintenance activities repair/replacement, lighting and pedestrian ramp 27.13 "General permit" means a permit emissions, activities, discharges, issued under Minn. R. 7001.0210 to a category of or facilities are the same or substantially similar. permittees whose operations, [Minn. R. 7001.0010, subp. 4] 27.14 "Geographic Cartesian Zone 15N Coordinates" means the coordinate system (i.e. latitude/longitude) in the NAD83 datum. For point polygon location of a stormwater that features, the can geographic be feature expressed readily converted to Universal coordinates will typically by X, Y coordinates Transverse define the approximate of Mercator a standard (UTM), Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 23 of 28 center of a stormwater feature, [Minn. R. 7090] 27.15 "High flows be negatively Flow Bypass' means a away. High flow bypasses affected by higher function of are generally flows. an inlet device used for [Minn. R. 7090] that allows a certain flow of water through, but diverts any higher BMPs that can only treat a designed amount of flow and that would 27.16 'Illicit Discharge" means any except discharges pursuant storm sewer) and discharges discharge to a NPDES resulting to a municipal permit (other from firefighting than separate storm the NPDES activities sewer that permit for [40 CFR 122.26(b)(2)] is not discharges composed entirely of stormwater from the municipal separate 27.17 "Impaired Water' means waters identified as impaired 303(d) of the Clean Water Act (33 U.S.C. 303(d)). by the Agency, [Minn R. 7090] and approved by the USEPA, pursuant to section 27.18 "Linear project' of a common plan development are [Minn. R. 7090] means construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of development or sale. For example, roads being constructed concurrently with a new residential not considered linear projects because they are part of a common plan of development or sale. 27.19 'Maximum Extent Practicable' or "MEP" level of pollutant reductions that an provided a precise definition of MEP represent MEP may be different for and the differing possible pollutant satisfy each of the six Minimum Control of the MEP standard as an iterative means owner or to allow each small control strategies. Measures process. the statutory operator of regulated maximum flexibility MS4, given the Therefore, (MCMs) through [Minn. R. 7090] standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the MS4s must achieve. The USEPA has intentionally not in MS4 permitting. The pollutant reductions that unique local hydrologic and geologic concerns that may exist each permittee will determine appropriate BMPs to an evaluative process. The USEPA envisions application 27.20 "Municipal drainage systems, a. owned or state law, districts under tribe or an the federal b. designed c. that is not d. that is not Municipal buildings. separate storm sewer system' municipal streets, operated by a state, city, having jurisdiction over disposal state law such as a sewer authorized Indian tribe organization, Clean Water Act, United or used for collecting or a combined sewer; and part of a publicly owned separate storm sewer systems [Minn. R. 7090.0080, subp. catch town, States conveying treatment 8] or "MS4" means a conveyance basins, curbs, gutters, ditches, county, district, association, of sewage industrial wastes, district, flood control district, or a designated and Code, title 33, section 1288, stormwater; works as defined do not include separate storm or system of conveyances including roads with man-made channels, or storm drains: or other public body, created by or pursuant to stormwater or other wastes, including special or drainage district or similar entity, or an Indian approved management Agency under section 208 of that discharges into waters of the state; in 40 CFR 122.2. sewers in very discrete areas, such as individual 27.21 'New Permittee' previously coverage means an owner/operator issued General Stormwater under the General Permit. of a small Permit for small [Minn. R. 7090] MS4 that has not been authorized to discharge stormwater under a MS4s in the state of Minnesota and that applies for, and obtains 27.22 "Non-Stormwater Discharge' means any discharge not composed entirely of stormwater. [Minn. R. 7090] 27.23 "Operator" subp. 10] means the person with primary operational control and legal responsibility for the MS4. [Minn. R. 7090.0080, 27.24 "Outfall" means the leaves the permittee's water systems (e.g., point source where a MS4 MS4. It does not include when a conveyance temporarily discharges to a receiving water, or the diffuse runoff or conveyances that connect leaves an MS4 at a road crossing). stormwater discharge segments of [Minn. R. 7090] permanently the same stream or 27.25 "Owner" means the person that owns the MS4. [Minn. R. 7090.0080, subp. 11] 27.26 "Permittee" compliance means a person or persons, that signs the permit application with the terms and conditions of the General Permit. submitted [Minn. R 7090] to the Agency and is responsible for 27.27 "Person" means the state or any Agency corporation, individual, partnership, body, and includes any officer or governing private corporation, or other entity. or institution thereof, any or other entity, including, but or managing body of any [Minn. Stat. 115.01, subd. 10] municipality, governmental subdivision, public or private not limited to, association, commission or any interstate municipality, governmental subdivision, or public or Coverage issued September 28, 2021 Permit expires: November 15, 2025 MS400026 Page 24 of 28 27.28 "Pipe" of pipes. pipe means a closed does not include [Minn. R. 7090] manmade conveyance device used to transport stormwater foundation drain pipes, irrigation pipes, land drain tile pipes, from location to location. The definition culverts, and road sub -grade drain 27.29 'Receiving Water" [Minn. R. 7090] means any lake, river, stream or wetland that receives stormwater discharges from an MS4. 27.30 'Reduce" used. means reduce [Minn. R. 7090] to the Maximum Extent Practicable (MEP) unless otherwise defined in the context in which it is 27.31 "Seasonally Saturated voids filled with redoximorphic features measurements. Soil" water causing or other [Minn. R. 7090] means the highest seasonal elevation in the soil in anaerobic conditions. Seasonally saturated soil information determined by scientifically established a reduced chemical state because of soil is evidenced by the presence of methods or empirical field 27.32 "Section' includes items 5.1 through all item 5.5. numbers of [Minn. R 7090] the same whole number. For example, "Section 5" of the General Permit refers to 27.33 'Significant Materials" includes but is not limited plastic pellets; finished materials such as metallic substances designated under Section 101(14) Act (CERCLA); any chemical the facility is required Community Right -to -Know Act (EPCRA); fertilizers, the potential to be released with stormwater and chemical characteristics of the material characteristics) to determine the material's to: products; of the Comprehensive to report pesticides, discharges. should be pollution raw materials, raw pursuant and When considered potential. fuels, materials such materials used in food Environmental Response, to Section 313 of waste products such determining whether (e.g. the material's [40 CFR 122.26(b)(12)] as solvents, detergents, and processing or production; hazardous Compensation, and Liability the Emergency Planning and as ashes slag, and sludge that have a material is significant, the physical solubility, transportability, and toxicity 27.34 "Small Municipal Separate Storm Sewer System" or "small a. Owned or operated by the United States, a state, city, body (created by or pursuant to state law) having jurisdiction other wastes, including special districts under state law similar entity, or an Indian tribe or an authorized Indian Agency under section 208 of the CWA that discharges to b. Not defined as "large" or 'medium" Municipal Separate (b)(4) and (b)(7) or designated under paragraph (a)(1)(v). c. This term includes systems similar to separate storm large hospital or prison complexes, and highways and other sewers in very discrete areas, such as individual buildings. town, such tribal waters sewer MS4", means all borough, county, over disposal as a sewer district, organization, of the United Storm Sewer Systems systems in thoroughfares. [Minn. R. 7090] separate storm sewers that are: parish, district, association, or other public of sewage industrial wastes, stormwater, or flood control district or drainage district, or or a designated and approved management States. pursuant to 40 CFR 122.26 paragraphs municipalities, such as systems at military bases, The term does not include separate storm 27.35 "Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage. [Minn. R. 7090.0080, subp. 12] 27.36 "Stormwater flow direction" elevations can be displayed means the direction of predominant on the storm sewer system map. flow within [Minn. R. 7090] a pipe. Flow direction can be discerned if pipe 27.37 "Stormwater manage Pollution Prevention Program" and reduce the discharge of or "SWPPP" means a comprehensive program pollutants in stormwater to and from the small MS4. developed by [Minn. R. 7090] the permittee to 27.38 "Structural Stormwater BMP" prevent or reduce the discharge means of a stationary and permanent pollutants in stormwater. BMP that is [Minn R. 7090] designed, constructed, and operated to 27.39 'Total Maximum Daily allocations for nonpoint and allocates the maximum attainment and maintenance Load" or "TMDL" sources and natural amount of of water quality means the sum of background, a pollutant that may standards. the individual Waste Load as more fully defined in be introduced into a water [Minn. R. 7052.0010, subp. Allocations 40 CFR 42] for point sources and load 130.2, paragraph (i). A TMDL sets of the state and still assure 27.40 "Waste existing paragraph developed that applicable Load Allocation" or future (h). In the and approved ensures that water quality or "WLA' means the portion point sources of pollution as absence of a TMDL approved according to Minn. R. the level of water quality to be standards and criteria. of a receiving water's more fully defined in Code by USEPA under 40 CFR 7052.0200, subp 1.C, a WLA achieved by the point source [Minn. R. 7052 0010 subp. loading of Federal 130.7, is 45] capacity that is allocated to one of its Regulations, title 40, section 130.2, or an assessment and remediation plan the allocation for an individual point source is derived from and complies with all Coverage issued: September 28, 2021 Permit expires: November 15, 2025 27.41 27.42 MS400026 Page 25 of 28 "Water pollution" means (a) the discharge of any pollutant into any waters of the state or the contamination of any waters of the state so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic agricultural, commercial, industrial, recreational or other legitimate uses, or to livestock, animals, birds, fish or other aquatic life; or (b) the alteration made or induced by human activity of the chemical, physical, biological, or radiological integrity of waters of the state. [Minn. Stat. 115.01, subd. 13] 'Water Quality Standards" means those provisions contained in Minn. R. 7050 and 7052. [Minn. R. 7090] 27.43 27.44 "Water Quality Volume" means either: a. for construction activity (excluding linear projects), one (1) inch of runoff from the sum of the new and fully reconstructed impervious surfaces created by the project (calculated as an instantaneous volume); or b. for linear projects, the greater of one (1) inch of runoff from the new impervious surface or one-half (0.5) inch of runoff from the sum of the new and fully reconstructed impervious surfaces created by the project (calculated as an instantaneous volume). [Minn R. 7090] "Waters of the State" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. [Minn. Stat 115.01, subd. 22] 27.45 "Wetlands' means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions Wetlands generally include swamps, marshes, bogs and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: a. a predominance of hydric soils; b inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and c. under normal circumstances support a prevalence of such vegetation. [Minn. R. 7050.0186, subp. 1a.B] Coverage issued September 28, 2021 Permit expires: November 15, 2025 Appendix A. Alum or Ferric Chloride Phosphorus Treatment Systems Table 1: Monitoring parameters during operation MS400026 Page 26 of 28 Station Alum parameters Ferric parameters Units Frequency Upstream- background Total Phosphorus Dissolved Phosphorus Total Aluminum Dissolved Aluminum pH Flow Total Phosphorus Dissolved Phosphorus Total Iron Dissolved Iron pH Flow mg/L mg/L mg/L mg/L SU Mgd 1 x week 1 x week 1 x month 1 x week 1x week Daily Alum or Ferric Chloride Feed Alum Ferric Gallons Daily total dosed in gallons Discharge from treatment Total Phosphorus Dissolved Phosphorus Total Aluminum Dissolved Aluminum pH Flow Total Phosphorus Dissolved Phosphorus Total Iron Dissolved Iron pH Flow mg/L mg/L mg/L mg/L SU Mgd 1 x week 1 x week 1 x month 1 x week 1x week Daily Coverage issued September 28, 2021 Permit expires: November 15, 2025 Appendix B. Schedules Table 2: Existing Permittees - Schedule of permit requirements MS400026 Page 27 of 28 rermir requiremenr .cneauie Section 12. Stormwater Pollution Prevention Program (SWPPP) Document • Submit the SWPPP Document completed in accordance with Section 12. • Within 150 days after General Permit issuance date. Section 13. Stormwater Pollution Prevention Program (SWPPP) • Complete revisions to incorporate the new requirements of Sections 14 - 23 into current SWPPP. • Within 12 months of the date coverage is extended, unless been specifically established and identified below. General Permit other timelines have in the General Permit Section 19. Construction Site Stormwater Runoff Control • Complete revisions to Construction Site Stormwater Runoff Control program, including revisions to regulatory mechanism(s), if necessary. • When the CSW Permit is reissued, revise regulatory mechanism(s), if necessary, to be at least as stringent as the requirements for erosion, sediment, and waste controls described in the CSW Permit. • Within 12 months of the date General Permit coverage is extended. • Within 12 months of the issuance date of the CSW Permit (expected issuance date of the CSW Permit is August 1, 2023). Section 21. Pollution Prevention/Good Housekeeping for Municipal Operations • Conduct structural stormwater best management practice (BMP) inspections. • Conduct pond and outfall inspections. • Each calendar year. • Prior to the expiration date of the General Permit. Section 22. Discharges to Impaired Waters with a USEPA- Approved TMDL that includes an Applicable WLA • Submit all information required in item 22.2. • Meet requirements for applicable WLAs for bacteria, chloride, and temperature in Section 22. • With each • Within 12 coverage annual report. months of the date General Permit is extended. Section 25. Annual Assessment, Annual Reporting, and Recordkeeping • Conduct assessment of the SWPPP. • On a form provided by the Agency, submit an annual report. • Prior to completion of each annual report. • By June 30th of each calendar year Coverage issued September 28, 2021 Permit expires: November 15, 2025 Table 3: New Permittees - Schedule of permit requirements MS400026 Page 28 of 28 rermir requiremenr .cneauie Section 10. New Permittee Applicants • Submit Part 1, and Part 2 of the permit application as required by Section 12. • Within 18 months of written notification from the Commissioner that the MS4 meets the criteria Minn. R. 7090.1010 subp. 1.A. or B. and General coverage is required. in Permit Section 13. Stormwater Pollution Prevention Program (SWPPP) • Complete all requirements of Sections 14 - 23. • Within 36 months of the date General Permit coverage is extended, unless other timelines have been specifically established in the General Permit and identified below; or • Within timelines established by the Commissioner in item 8.3. Section 14. Mapping • Develop a storm sewer system map. • Within 24 months of the date General Permit coverage is extended. Section 18. Illicit Discharge Detection and Elimination • Develop, implement, and enforce an Illicit Discharge Detection and Elimination Program. • Within 12 months of the date General Permit coverage is extended. Section 19. Construction Site Stormwater Runoff Control • Develop, implement, and enforce a Construction Site Stormwater Runoff Control Program. • When the CSW Permit is reissued, revise regulatory mechanism(s) if necessary, to be at least as stringent as the requirements for erosion, sediment, and waste controls described in the CSW Permit. • Within 12 months of the date General Permit coverage is extended. • Within 12 months of the issuance date of the CSW Permit (expected issuance date of the CSW Permit is August 1, 2023). Section 20. Post -Construction Stormwater Management • Develop, implement, and enforce a Post -Construction Stormwater Management program. • Within 24 months of the date General Permit coverage is extended. Section 21. Pollution Prevention/Good Housekeeping for Municipal Operations • Conduct structural stormwater BMP inspections. • Conduct pond and outfall inspections. • Each calendar • Prior to the expiration year. date of the General Permit. Section 22. Discharges to Impaired Waters with a USEPA- Approved TMDL that includes an Applicable WLA • Submit all information required in item 22.2. • Meet requirements for applicable WLAs for bacteria, chloride, and temperature in Section 22. • With each annual report. • Within 12 months of the date General Permit coverage is extended. Section 23 Alum or Ferric Chloride Phosphorus Treatment Systems (if applicable) • Meet requirements for treatment systems in Section 23. • Within 12 months of the date General Permit coverage is extended. Section 25. Annual SWPPP Assessment, Annual Reporting, and Recordkeeping • Conduct assessment of the SWPPP. • On a form provided by the Agency, submit an annual report. • Prior to completion of each annual report. • By June 30th of each calendar year