Compliance With MPCA Industrial Stormwater Permit Requirements

Complying with MinnesotaComplying with Minnesota
Industrial StormwaterIndustrial Stormwater
RequirementsRequirements
Loren J. Larson
Managing Partner
Caltha LLP, Minneapolis
Storm Water Management Seminar | Eagan, Minnesota| November 30, 2012

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

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

OutlineOutlineOutline
• Overview of Clean Water Act
• Application of Clean Water Act to
stormwater discharge
• Overview of Minnesota industrial permit
requirements

Clean Water ActClean Water ActClean Water Act

Historic PerspectiveHistoric PerspectiveHistoric Perspective
• 1972 – Passage of “Clean Water Act”

1972 Federal Water Pollution
Control Act
1972 Federal Water Pollution1972 Federal Water Pollution
Control ActControl Act
• October 18, 1972 congress overrode a presidential
veto and enacted the zero discharge goal
• EPA stated the vision that waters are to be fishable
and swimmable
• EPA set national goals to eliminate pollution

OVERVIEWOVERVIEWOVERVIEW
Clean Water Act Objective:
“restore and maintain the chemical, physical,
and biological integrity of the nation’s waters”

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

§301 & 306 - EFFLUENT
LIMITS
§§301 & 306301 & 306 -- EFFLUENTEFFLUENT
LIMITSLIMITS
EPA is required to:
• Publish a list of “source categories”
• Develop technology-based performance standards for all
“source categories” based on Best Pollution Control
Technology (BPCT)
» Direct discharges
» Indirect discharges (discharges to POTW)
» New discharges and existing discharges

§303 & 307 - WQ STANDARDS§§303 & 307303 & 307 -- WQ STANDARDSWQ STANDARDS
States:
• Must establish water quality standards based on designated
uses
• Assess waters and report any not meeting WQ standards (i.e.,
“impaired waters)
• Must establish an Anti-degradation Policy, to prevent
degradation of waters that already meet standards
EPA:
• EPA sets Water Quality Criteria for list of toxic pollutants
(“Priority Pollutants”)

Water Quality StandardsWater Quality StandardsWater Quality Standards
• Application to wastewater discharges
» Effluent limitations
• Application to “waters of the nation”
» Water quality criteria (standards)

§402 - NPDES PERMITS§§402402 -- NPDES PERMITSNPDES PERMITS
• Permits are required for any discharge of pollutants to
“waters of the US” or “waters of the State”
» Navigable waters (waters of the US)
» Other rivers and lakes
» Wetlands
» Groundwater
• No “de minimis” discharges
• US EPA can delegate administration of permit program
to states

NPDES PERMITSNPDES PERMITSNPDES PERMITS
• Point source discharge permits generally
include:
– Monitoring requirements
– Reporting requirements
– Effluent limitations
– Pollution control equipment/practices
• Permits can be
– Individual
– General

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

Application of CWA to
Stormwater
Application of CWA toApplication of CWA to
StormwaterStormwater

• Late ’70s – Nationwide Urban Runoff
Program (NURP)
NURP

NURP ProgramNURP ProgramNURP Program
• The Nationwide Urban Runoff Program (NURP)
was conducted by EPA and many cooperating
agencies
• NURP was established in 1978 as a 5-year
program that examined:
• quality characteristics of urban runoff and similarities or
differences at different urban locations
• the extent to which urban runoff is a significant contributor to
water quality problems across the nation
• performance characteristics and the overall effectiveness and
utility of management practices for the control of pollutant
loads from urban runoff

NURP ConclusionsNURP ConclusionsNURP Conclusions
• Heavy metals (especially copper, lead and zinc) are by far the
most prevalent priority pollutant constituents found in urban
runoff
• Coliform bacteria are present at high levels in urban runoff.
• Nutrients are generally present in urban runoff, but
concentrations do not appear to be high in comparison with
other possible discharges.
• Oxygen demanding substances are present in urban runoff at
concentrations approximating those in secondary treatment
plant discharges.
• The physical aspects of urban runoff, e.g. erosion and scour,
can be a significant cause of habitat disruption and can affect
the type of fishery present.

Program (NURP)
• 1987 – Clean Water Act Amendments

Program (NURP)
• About 1990 – Phase 1 stormwater
program - first stormwater permits

Phase I Stormwater ProgramPhase I Stormwater ProgramPhase I Stormwater Program
• Required stormwater discharge permits for three
categories of dischargers:
– Municipalities greater than 100,000 population
– Construction sites greater than 10 acres
– Industrial sites within specified SIC codes
• EPA generated permits for States to use, or
delegated States could write their own
• General permits were used for construction and
industrial sites, and individual permits were used
for municipalities

• Late ’70s – National Urban Runoff
Program (NURP)
• About 1990 – Phase 1
• 2000 – Phase 2 Stormwater program

Phase 2 StormwaterPhase 2 StormwaterPhase 2 Stormwater
• Reduced thresholds for municipal and
construction permits:
– Municipalities 100,000 population to 10,000
– Construction sites 10 acres to 1 acre
• No change to industrial SIC codes, but
adopted “no exposure” exemption
• Now nearly all permitees use general
permits

• 2006 to 2008 – EPA draft Multisector
General Permit

EPA 2008 MSGPEPA 2008 MSGPEPA 2008 MSGP
• Single general permit divided into 29
industrial sectors
• Requirements that apply to all permitted
facilities
• Added requirements that apply to
individual sectors
• Stormwater benchmarks
• Mandatory corrective action

Industrial Stormwater
Permitting in Minnesota
Industrial StormwaterIndustrial Stormwater
Permitting in MinnesotaPermitting in Minnesota
• Initial permit issued in 1991
• Reissued in 1997 with minimal revision
• Expired in 2002, and administratively
continued until 2010
• Current permit issued in April 2010
• Format generally consistent with 2008 EPA MSGP

Overview of MPCA Permit
Requirements
Overview of MPCA PermitOverview of MPCA Permit

MPCA Industrial Stormwater
Permit
MPCA Industrial StormwaterMPCA Industrial Stormwater
PermitPermit
Part I - AUTHORIZATION UNDER THIS PERMIT
Part II. APPLICATION REQUIREMENTS
Part III. STORMWATER CONTROL MEASURES
Part IV. STORMWATER POLLUTION PREVENTION
PLAN (SWPPP)
Part V. BENCHMARK MONITORING REQUIREMENTS
Part VI. EFFLUENT MONITORING REQUIREMENTS
Part VII. SECTOR-SPECIFIC REQUIREMENTS
Appendix A. SPECIAL REQUIREMENTS

Conditional No Exposure
Exemption
Conditional No ExposureConditional No Exposure
ExemptionExemption
• If met and certification submitted to
agency, no permit coverage is required,
• “All-or-Nothing” requirement; entire site
must meet requirements
• To qualify for No Exposure in Minnesota,
all significant industrial materials and
activities must be protected from rain,
snow, snowmelt, and run-off through the
use of a storm resistant shelter.

Exemption
ExemptionExemption
• Industrial materials and activities
» material or equipment handling;
» machinery;
» raw materials;
» by-products;
» intermediate or final products; and
» waste products.
• Handling activities
» storage, loading and unloading,
» transportation of raw material, intermediate or final product, by-product, and
waste product.
• Industrial materials and activities not requiring a storm resistant
shelter
» drums, barrels, tanks, and similar containers that are sealed, free from
deterioration, and not leaking;
» above ground storage tanks with secondary containment;
» adequately maintained vehicles, which are not leaking contaminants;
» lidded dumpsters that are completely covered and without holes; and
» final products built and/or intended for outdoor use.

Exemption
ExemptionExemption
Storm resistant shelter:
• Completely roofed and walled building or
structure;
• Structures with only a top cover but no side
coverings, provided materials underneath are
not in contact with stormwater;
• Temporary shelter may be used for a short
period until permanent enclosure can be
achieved.

No ExposureNo ExposureNo Exposure

Part I – Authorized DischargesPart IPart I –– Authorized DischargesAuthorized Discharges
Permittees are authorized to discharge:
1. Stormwater discharges associated with
industrial activity, and
2. Authorized Non-Stormwater Discharges

Part I – Authorized DischargesPart IPart I –– Authorized DischargesAuthorized Discharges
Permittees are not authorized to discharge:
• Non-contact cooling water.
• Domestic and industrial wastewater and process wastewater.
• Biosolids.
• Spills of any substance that may cause water pollution
• Placement of fill into waters of the state requiring local, state, or
federal authorizations
• Commercial equipment/vehicle cleaning
• Other.
“Piping and drainage systems for process wastewater and floor drains
from process areas must be separated from the storm drainage
system to prevent any inadvertent discharge of pollutants.”

Part II – Application
Requirements
Part IIPart II –– ApplicationApplication
• Must submit application (NOI) at least 30
days prior to start of discharge
• Prior to application, a SWPPP meeting
requirements of Part IV must be
completed
• Must keep all records for at least three
(3) years

Part III – Stormwater Control
Measures
Part IIIPart III –– Stormwater ControlStormwater Control
MeasuresMeasures
• Apply to all facilities, regardless of size or
sector
• Must design and implement BMPs for each
stormwater control measure
• SWPPP must describe type and objective of
the BMP used, and describe how the BMP is
evaluated to determine proper function.
• Must implement all nonstructural BMPs
immediately
• Must implement all structural BMPs within 12
months after receiving permit.

Control MeasuresControl MeasuresControl Measures
A. Good Housekeeping
B. Eliminating and Reducing Exposure
C. Salt Storage
D. Erosion Prevention and Sediment Control
E. Management of Runoff
F. Facility Inspection Requirements
G. Maintenance Requirements
H. Elimination of Unauthorized Non-Stormwater Discharges
I. Spill Prevention and Response Procedure
J. Mercury Minimization Plan
K. Employee Training Program

A. Good HousekeepingA. Good HousekeepingA. Good Housekeeping
“Exposed areas that may contribute
pollutants to stormwater shall be kept
sufficiently clean to reduce or eliminate
contaminated stormwater runoff.”
“Typical problem areas include, but are not
limited to, trash containers, storage areas,
loading docks and vehicle fueling and
maintenance areas.”

B. Eliminating and Reducing
Exposure
B. Eliminating and ReducingB. Eliminating and Reducing
ExposureExposure
“Materials management practices shall be
evaluated to determine if and how
inventories of exposed materials can be
reduced or eliminated.”
“Permittee shall, to the extent prudent and
feasible, locate industrial activities and
significant materials in areas not exposed
to rain, snow, snowmelt or runoff.

Eliminating/Reducing ExposureEliminating/Reducing ExposureEliminating/Reducing Exposure

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

D. Erosion Prevention and
Sediment Control
D. Erosion Prevention andD. Erosion Prevention and
Sediment ControlSediment Control
“Permittee shall identify areas at the facility that,
due to topography, land disturbance or other
factors, have potential for soil erosion.”
“In those areas, the Permittee shall implement
structural, vegetative, and/or stabilization BMPs
to prevent or control on-site erosion and reduce
sediment loads in stormwater discharges.”

E. Management of RunoffE. Management of RunoffE. Management of Runoff
“SWPPP shall describe all permanent stormwater
BMPs implemented at the facility to manage
runoff, including, but not limited to,
• Structural BMPs used to divert stormwater runoff
away from fueling, manufacturing, treatment,
storage, and disposal areas, and
• Structural BMPs that treat, infiltrate, reuse,
contain, or otherwise reduce pollutants in
stormwater discharges.”

RestrictionsRestrictionsRestrictions
• Stormwater ponds and infiltration devices,
located in areas where contaminants exist
in the soil or groundwater
located in karst areas
located in wellhead protection zones
• Prohibit use of ponds or infiltration devices
for spill containment

F. Facility Inspection
Requirements
F. Facility InspectionF. Facility Inspection
“Permittee shall develop and implement an inspection
schedule that includes:
• minimum of one (1) facility inspection per calendar
month
• minimum of one (1) inspection per calendar year shall be
conducted during a runoff event.”
• Modified in sector requirements
• 2 monthly inspections must occur during runoff events, with at least
one being performed during snow melt.
“7. The SWPPP shall list all personnel who are
appropriately trained to conduct facility inspections.”

InspectionsInspectionsInspections
All facility inspections shall include the following;
• An evaluation of the facility to determine that the SWPPP
accurately reflects site conditions
• Inspect all industrial areas
• An evaluation of all structural and non-structural BMPs to
determine effectiveness and proper function.
• An evaluation of the facility to determine whether new
exposed significant materials or activities have been
added to the site since completion of the SWPPP.
• During an inspection conducted during a runoff event, an
evaluation of the stormwater runoff to determine if it is
discolored or if other contaminants are visible in the
runoff.

Inspection DocumentationInspection DocumentationInspection Documentation
All inspections shall be documented and the
following information shall be stored with
the SWPPP:
• Inspection date, time, and weather conditions.
• Inspector name.
• Inspection findings.
• A description of any necessary corrective actions
and a schedule for corrective action completion.

G. Maintenance RequirementsG. Maintenance RequirementsG. Maintenance Requirements
Two elements of Maintenance :
1. Stormwater BMP Maintenance
2. Equipment Preventive Maintenance

Stormwater BMP MaintenanceStormwater BMP MaintenanceStormwater BMP Maintenance
Permittee shall maintain all stormwater BMPs identified in the SWPPP
to ensure BMP effectiveness.
• Develop a schedule for preventive maintenance of all stormwater
BMPs. The schedule shall be stored with the SWPPP.
• If the Permittee identifies BMPs that are not functioning properly:
– Must replace, maintain, or repair the BMPs within 7 calendar days of
discovery.
– If repair cannot be completed within 7 days, site must implement
effective backup BMPs until effectiveness of the original BMPs can be
restored.
• Record dates of all maintenance and repairs and store records with
the SWPPP.

Equipment Preventive
Maintenance
Equipment PreventiveEquipment Preventive
MaintenanceMaintenance
The Permittee shall develop and implement a
preventive maintenance program to be stored
with the SWPPP.
• Requires regular inspection, maintenance, and
repair of industrial equipment and systems to
identify conditions that could cause breakdowns
or failures that may result in leaks, spills, and
other releases (e.g. hydraulic leaks, torn bag-
house filters, etc), and the discharge of
pollutants to stormwater.

H. Elimination of Unauthorized
Non-Stormwater Discharges
H. Elimination of UnauthorizedH. Elimination of Unauthorized
NonNon--Stormwater DischargesStormwater Discharges
“Permittee shall document that all non-
stormwater discharges have been
evaluated and all discharges not
authorized by this permit or a separate
NPDES/SDS permit have been
eliminated.”

Types of DischargesTypes of DischargesTypes of Discharges
• Stormwater
• Authorized Non-Stormwater Discharges
• All Other Discharges

Authorized Non-Stormwater
Discharges
Authorized NonAuthorized Non--StormwaterStormwater
DischargesDischarges
• Emergency fire-fighting activities.
• Fire hydrant and fire suppression system flushings.
• Potable water line flushings.
• Uncontaminated condensate from air conditioners, coolers, and other compressors
and from the outside storage of refrigerated gases or liquids.
• Landscape watering provided all pesticides, herbicides, and fertilizers have been
applied in accordance with manufacturer’s instructions.
• Pavement wash waters where no detergents are used and no spills or leaks of
potential pollutants
• Routine external building washdown that does not use detergents, solvents, or
degreasers.
• Uncontaminated groundwater or spring water.
• Foundation or footing drains where flows are not contaminated.
• Incidental windblown mist from cooling towers that collects on rooftops or adjacent
portions of the facility,
• Discharges from facilities operating under SIC codes 1442 and 1446, from
dewatering operations composed entirely of stormwater or uncontaminated
groundwater seepage.

Unauthorized Non-Stormwater
Discharges
UnauthorizedUnauthorized NonNon--StormwaterStormwater
DischargesDischarges

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

I. Spill Prevention and Response
Requirements
I. Spill Prevention and ResponseI. Spill Prevention and Response
“Permittee shall develop and implement a spill prevention and response
procedure that includes:
• Areas where the storage, transfer, or use of solid or liquid significant
materials occurs, where spills and leaks of the material may potentially
contribute pollutants to stormwater discharges.
• Monitoring locations and surface waters that may be affected by spills,
leaks, or discharges from emergency firefighting activities
• Material handling procedures, storage requirements, and cleanup
equipment/materials and procedures necessary to recover as rapidly and
thoroughly as possible spills or leaks; all methods and procedures must be
made available to appropriate facility personnel.
• Contact information for individuals and emergency and regulatory agencies
that must be notified in the event of a spill.”
“Permittee shall report and document spills or leaks (as defined in Minn. Stat. §
115.061) that occur in exposed areas, or that drain to a monitoring location.”

Existing Spill PlansExisting Spill PlansExisting Spill Plans
• SPCC Plan
• Applies to regulated oils only; does not need to
address other liquids or solids
• Minnesota Spill Bill Requirements
• Limited applicability
• Emergency Response Plan
• RCRA Contingency Plan

Reportable SpillsReportable SpillsReportable Spills
115.061 DUTY TO NOTIFY AND AVOID WATER POLLUTION.
(a) Except as provided in paragraph (b), it is the duty of every person to
notify the agency immediately of the discharge, accidental or
otherwise, of any substance or material under its control which, if not
recovered, may cause pollution of waters of the state, and the
responsible person shall recover as rapidly and as thoroughly as
possible such substance or material and take immediately such
other action as may be reasonably possible to minimize or abate
pollution of waters of the state caused thereby.
(b) Notification is not required under paragraph (a) for a discharge of
five gallons or less of petroleum***
***Any amount of oil that reaches Waters of the State is reportable

Other Spill Reporting RulesOther Spill Reporting RulesOther Spill Reporting Rules
Reportable Quantities (RQ)
• CERCLA
• EPCRA
Any discharge of hazardous substances or
oil that enters Waters of US
Any discharge of hazardous substances or
oil that enters sanitary sewer

J. Mercury Minimization PlanJ. Mercury Minimization PlanJ. Mercury Minimization Plan
“Permittee shall evaluate the facility to determine if
any sources containing mercury are exposed to
stormwater.
Any time mercury sources or devices are found to
be exposed to stormwater, a Mercury
Minimization Plan shall be developed that
describes how mercury sources will be managed
at the site to eliminate exposure to precipitation
and stormwater runoff.”

Part IV. SWPPPPart IV. SWPPPPart IV. SWPPP
General Requirements
• Identify the individual(s) responsible for managing, implementing,
maintaining, modifying, and ensuring compliance with the facility’s
SWPPP.
• Incorporate any mobile industrial activities conducted away from the
permitted facility.
• List all personnel trained to conduct facility inspections.
• Records of all inspections.
• All records pertaining to maintenance.
• Documentation of elimination of unauthorized non-stormwater
discharges.
• Documentation of Spill Prevention and Response Requirements
• Mercury Minimization Plan, if applicable
• Information regarding the Employee Training Program.

Part IV. SWPPPPart IV. SWPPPPart IV. SWPPP
Specific Requirements
• Structural and Non-structural BMPs
• Facility Description
• Facility Maps, including
• Detailed facility maps, drainage maps
• Impaired waters within 1 mile
• “Special waters” (see Appendix A) within 1 mile
• Facility Assessment of Activities and Materials
• Assessment of Materials and Associated
Pollutants

Reviewing Your SWPPPReviewing Your SWPPPReviewing Your SWPPP
• Must document review once each year
• Not required, but consider reviewing
SWPPP in advance of completing Annual
Report

Must Revise SWPPP If:Must Revise SWPPP If:Must Revise SWPPP If:
• There is construction or a change in design, operation,
or maintenance at the facility that affects stormwater
management or compliance with permit.
• Permittee has identified a new impaired water within 1
mile.
• A routine inspection, compliance evaluation, or visual
inspection identifies deficiencies in the SWPPP and/or
BMPs.
• Additional stormwater control measures and BMPs are
necessary to meet applicable water quality standards or
to address exceedances of benchmark values, or
• There is an unauthorized discharge from the facility.

Annual ReportAnnual ReportAnnual Report
• Due by March 31st
• Contents
– A summary of inspections and any BMP maintenance
– Confirmation that SWPPP accurately reflects facility conditions.
– Confirmation that newly-exposed significant materials (if any)
have been identified and that the SWPPP has been modified to
address them.
– Confirmation that the Permittee has conducted a review of
impaired waters
– Confirmation that the Permittee has conducted a review of
USEPA approved TMDLs that may apply to the facility
– Description of any SWPPP modification
– A list of all reportable spills and leaks
– Summary of all mobile industrial activities conducted by the
facility.

Sector Specific RequirementsSector Specific RequirementsSector Specific Requirements
• 29 Sectors
• Applies to primary sector, plus all co-located
sectors
• Modify or add to requirements
» Employee Training Requirements
» Erosion and Sedimentation Controls
» Good Housekeeping
» Inspections
» Preventive Maintenance
» Spills and Leaks
» Management of Runoff
» Other Industry Specific Control Measures
» SWPPP Requirements
» Monitoring and Reporting Requirements
» Use of Infiltration Devices and/or Stormwater Ponds

Sector Specific RequirementsSector Specific RequirementsSector Specific Requirements
Food Products Sector (Sector U)
• Employee Training
• Training must include used oil and spent solvent management; segregation
of organic materials, raw materials, and products from contact with
stormwater and precipitation, and pest control
• Inspections
• Conduct inspections of waste management units, vents and stacks, spoiled
product and broken product container holding areas, animal holding pens,
staging areas, and air pollution control equipment.
• Conduct 2 monthly inspections during runoff events, 1 during a snow melt
runoff event. Inspect runoff for visible sheens or films.
• SWPPP
• Include map of vents and stacks from cooking, drying, and similar
operations, dry product vacuum transfer lines, animal holding pens, spoiled
product and broken product container storage areas.
• Describe processing-related industrial activities and application and storage
of pest control chemicals used on plant grounds.
• Infiltration & Ponds
• Use infiltration devices or stormwater ponds allowed

Part V. Benchmark MonitoringPart V. Benchmark MonitoringPart V. Benchmark Monitoring
• Begins 12 months after permit coverage
• All facilities conduct monitoring
• Quarterly monitoring during first monitoring
year
• Must submit Discharge Monitoring Report
(DMR) to MPCA each quarter
• Continued monitoring based on results
compared to applicable benchmarks

Benchmark MonitoringBenchmark MonitoringBenchmark Monitoring
• Chemical parameters vary between
sectors, ranging from 1 to 10+
• All outfalls (“benchmark monitoring
locations”) that contain industrial activities
their drainage area are monitored (with
limited exceptions)
• Collect samples at each location within
first 30 minutes of runoff event

• Benchmark Monitoring Location
– Within the boundary of the facility
– Downstream the most down-gradient BMP from the source of
industrial activity or significant materials,
– Prior to discharging from the facility’s operational control.
– Minimizes or eliminates sampling of stormwater from off-site
sources (run-on).
– Yields a sample that best represents the contribution of
pollutants site is required to monitor for
• If multiple drainage areas are substantially similar
(activities, exposure, BMPs), facility may choose one
benchmark monitoring location that is most
representative.

Potential Benchmark Monitoring LocationPotential Benchmark Monitoring LocationPotential Benchmark Monitoring Location

• Submit quarterly report of results to MPCA
• If benchmark concentrations are exceeded
for any one sampling, site must review
SWPPP and make necessary changes,
• At end of year, results are summarized
and averaged to determine if additional
Benchmark Monitoring is required.

Benchmark Monitoring SchemeBenchmark Monitoring SchemeBenchmark Monitoring Scheme
Year 2:
Monitor
four times
(quarterly)
Benchmarks
exceeded
Benchmarks
met
No Further
Monitoring
Required
Submit Benchmark
Exceedance ReportReport
To MPCA
Year 4:
Monitor
4x
Year 3:
Take
Corrective
Action
Year 5:
Monitor
4x
Benchmarks
exceeded
Benchmarks
met
Benchmarks
exceeded

Meeting BenchmarksMeeting BenchmarksMeeting Benchmarks
Parameter Food Sector U Mean
(EPA 1995)
MPCA
Benchmark
TSS 397 mg/L (meat products)
147 mg/L (prepared foods)
324 mg/L (grain mills)
65 mg/L
(If located near special waters)
100 mg/L
BOD 48.7 mg/L (prepared foods) 25 mg/L
COD 214.7 mg/L (dairy products) 120 mg/L
Phosphorus 20.47 (meat products) 1 mg/L

Meeting BenchmarksMeeting BenchmarksMeeting Benchmarks
Parameter Transport Sector P Mean
(EPA 1995)
MPCA
Benchmark
TSS 466 mg/L 65 mg/L
(If located near special waters)
100 mg/L

Part VI. Effluent MonitoringPart VI. Effluent MonitoringPart VI. Effluent Monitoring
• Applies to only certain types of facilities
• Effluent monitoring continues throughout
permit cycle
• May require sampling at different location
than Benchmark Monitoring Location

Corrective ActionCorrective ActionCorrective Action
Need for corrective action documented during
monthly inspections
• A description of any necessary corrective actions and a
schedule for corrective action completion
Need for corrective action identified during
scheduled BMP preventive maintenance
inspections
• Must replace, maintain, or repair BMPs not functioning
properly, within 7 days
Need for corrective action identified during
scheduled equipment preventive maintenance
inspections
• Format and schedule not specified in permit

Corrective ActionCorrective ActionCorrective Action
• Exceedance of Benchmarks
• Modify SWPPP and implement new BMPs within
36 months after permit coverage begins (Year 3)
• Exceedance of Benchmarks AND
discharges to impaired water or “special
waters”
• Modify SWPPP within 30 days
• Implement non-structural BMPs with 60 days
• Implement structural BMPs within 180 days

Questions?Questions?Questions?

Applying Requirements To
Individual Facilities
Applying Requirements ToApplying Requirements To
Individual FacilitiesIndividual Facilities
• Impaired waters/TMDLs
• Special waters
• Nondegradation/Antidegradation
requirements
• Wetlands
• Industrial sites with potential soil/
groundwater contaminants
• Local and regional requirements

Additional Requirements Based
On Location
Additional Requirements BasedAdditional Requirements Based
On LocationOn Location
• Proximity to “impaired waters”
• Proximity to “special waters”

Impaired WatersImpaired WatersImpaired Waters
• Water bodies that do not currently meet
the State Water Quality Standard(s)
• 2012 Impaired Waters List included 3,638
waterbodies in Minnesota (3,050 in 2010)
• MPCA estimates about 40% of
waterbodies in State are impaired
• About 70% of impaired waters require a
TMDL

Impaired WatersImpaired WatersImpaired Waters

Stormwater in TMDLStormwater in TMDLStormwater in TMDL
• TMDL study could determine that stormwater
discharges do not significantly contribute to
impairment – no action required
• TMDL could identity stormwater discharge as
significant and require additional BMPs for
permitted discharges under general permit
• TMDL could determine stormwater discharge is
not adequately controlled under general permit
and require dischargers to apply for individual
permits

So what’s the big deal…So whatSo what’’s the big deals the big deal……
For water bodies that do not currently meet their
WQ standards, and for which a TMDL has not
been completed…
• No NPDES permits can be issued for NEW or
EXPANDED discharges
» “Cause or contribute to” impairment

How General Permit
Addresses Impaired Waters
How General PermitHow General Permit
Addresses Impaired WatersAddresses Impaired Waters
• Assume that facilities that are in
compliance with permit do not “cause or
contribute to” impairment
• If TMDL has been completed AND
addresses industrial stormwater
discharge, coverage under general permit
is not allowed
– Zero industrial discharge allotted
– Different or additional BMPs required

Requirements for Discharges
To Impaired Waters
Requirements for DischargesRequirements for Discharges
To Impaired WatersTo Impaired Waters
• Identify impaired waters located within 1
mile downstream of any monitoring
location
• Identify nature of impairment
• Review impaired waters/TMDL list
annually

Additional Monitoring For
Impaired Waters
Additional Monitoring ForAdditional Monitoring For
Impaired WatersImpaired Waters
• If a newly listed impaired water is identified
within 1 mile, then benchmark monitoring
must include parameter impaired (or listed
surrogate parameter)
• If all benchmarks have been met,
monitoring is only for impairment

Special WatersSpecial WatersSpecial Waters
• Water bodies or types of water bodies
listed in permit
• Additional requirements apply to
discharges located with 1 mile of listed
special waters

Appendix A - Special WatersAppendix AAppendix A -- Special WatersSpecial Waters
• Outstanding Value Resource (OVR) water body
• Lake Superior
• Upper Mississippi River (~ north of Little Falls)
• DNR designated Lake Trout lakes
• DNR designated trout lakes and streams
• Calcarous fen
• Federal or state designated scenic or
recreational river segments (includes portions of
Cannon, Crow, Kettle, Rum, Minnesota,
Mississippi, St. Croix)
• Wetlands

Requirements for “Special
Waters”
Requirements forRequirements for ““SpecialSpecial
WatersWaters””
• TSS Benchmark of 65 mg/L applies (except for
wetlands)
• Implementation of industrial stormwater volume
reduction and/or pollutant concentration reduction BMPs,
designed to restrict industrial stormwater discharges to
the designated water.
• SWPPP must include necessary calculations to
demonstrate the effectiveness of the selected BMPs in
reducing volume and/or pollutant concentrations.
• A narrative discussion describing how the facility will
ensure the BMPs used will be monitored and
maintained, long term, to ensure the facility will sustain
restricted industrial stormwater discharges.

Requirements for “Trout
Waters”
Requirements forRequirements for ““TroutTrout
WatersWaters””
• For sites discharging to trout streams or
lakes, design and implement BMPs
specifically for water quality protection of
trout streams and trout lakes from:
• excess turbidity,
• TSS,
• phosphorus and
• temperature increases.

What Are Wetlands?What Are Wetlands?What Are Wetlands?
• “Wetlands” are those areas that are inundated or
saturated by surface water or groundwater at a
frequency and duration sufficient to support, and
that under normal circumstances do support, a
prevalence of vegetation typically adapted for
life in saturated soil conditions.
• Constructed wetlands designed for wastewater
treatment are not waters of the state.

Requirements For Discharges
To Wetlands
Requirements For DischargesRequirements For Discharges
To WetlandsTo Wetlands
• Discharges to wetlands as defined in
Minn. R. 7050.0186, subp. 1a(B). Must
comply with entire permit, plus Appendix A
• Appendix A: Industrial facilities that have a
discharge that flows to, and is within 1 mile
of a Wetland as defined in Minn. R.
7050.0186, subp 1a.B. must comply with
Appendix A - F.4.

Appendix A - F.4Appendix AAppendix A -- F.4F.4
• F.4. The Permittee shall comply with the
requirements of Minn. R. 7050.0186,
WETLAND STANDARDS AND
MITIGATION.
• “Wetland conditions shall be protected
from chemical, physical, biological, or
radiological changes to prevent significant
adverse impacts to the designated
beneficial uses”

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

Determining Requirements
Based On Location
Determining RequirementsDetermining Requirements
Based On LocationBased On Location

Regulations Effecting Infiltration
of Stormwater
Regulations Effecting InfiltrationRegulations Effecting Infiltration
of Stormwaterof Stormwater
• Stormwater permit restrictions
» For certain land uses, use of infiltration is prohibited
• Class V Injection Well rules
» Passive injection of wastes
• Wellhead Protection rules
» Sensitive areas and regions
• All projects must consider site limitations
» Reduced infiltration rates overtime
» Low infiltration rates of native soils
» Depth to water table

AntidegradationAntidegradationAntidegradation
• 1972 Clean Water Act required States to
develop and implement an antidegradation
policy
• Sets thresholds beyond which additional
evaluations of potential water quality
impacts are required to obtain a permit
• Sets additional control requirements

Minnesota NondegradationMinnesota NondegradationMinnesota Nondegradation
• Addressed Outstanding Value Resources
in 1984
• Addressed all waters in 1988
• Currently undertaking a major revision to
Rule
» Final rule expected in 2013
• Major issue is how rule will apply to
stormwater discharges

Minnesota NondegradationMinnesota NondegradationMinnesota Nondegradation
• Current rules designed for address New & Expanded
wastewater discharges
• "New discharge" means a discharge that was not in
existence before January 1, 1988
• "Expanded discharge" means a discharge that changes
in volume, quality, location, such that an increased
loading of one or more pollutants
• "Significant discharge" means:
• a new discharge of sewage, industrial, or other wastes greater than
200,000 gallons per day,
• an expanded discharge of sewage, industrial, or other wastes that
expands by more than 200,000 gallons per day, or
• a new or expanded discharge containing any toxic pollutant at a
mass loading rate likely to increase the concentration of the toxicant
in the receiving water by greater than 1% over the baseline

Proposed Nondegradation
Rule
Proposed NondegradationProposed Nondegradation
RuleRule
• For new the new, reissued, or modified
stormwater permits, agency will conduct
nondegradation review
• Conduct an analysis of prudent and feasible
alternatives that avoid and minimize net
increases in loading or other causes of
degradation
• Least degrading prudent and feasible
alternatives shall be identified

Proposed Nondegradation
Rule
Proposed NondegradationProposed Nondegradation
RuleRule
• When prudent and feasible alternatives
are not available to avoid net increases in
loading or other causes of degradation,
the agency must:
• Provide justification for why lowering high water
quality are necessary to accommodate important
economic or social development; and
• May not cause the removal of existing or beneficial
uses or degrade water quality of outstanding
resource value waters.

Sites with potential soil/
groundwater contaminants
Sites with potential soil/Sites with potential soil/
groundwater contaminantsgroundwater contaminants
• Industrial stormwater ponds and infiltration
devices located in areas where high levels
of contaminants exist in the soil or in the
shallow aquifer, must not contribute to
contaminant(s) spreading to a greater
extent or rate.
• A site analysis must be conducted by a
qualified professional and a report filed
with the SWPPP

If Ponds Contribute To
Contamination
If Ponds Contribute ToIf Ponds Contribute To
ContaminationContamination
• Permittee must submit a plan to the MPCA
to reduce contaminants, redesign,
relocate, or eliminate industrial stormwater
ponds and infiltration devices, as needed,
to eliminate the contribution to
contaminant problems.
• If acceptable plan cannot be reached, site
must apply for an individual NPDES/SDS
permit.

Local Stormwater RequirementsLocal Stormwater RequirementsLocal Stormwater Requirements
• City, County, Watershed District Rules
• Can be “pass though” of requirements in
permits issued to municipality
• Often involve requirements to mitigate
flooding, rate control or nuisance
conditions

Generic requirements - example
Sec. 21-9. Protection of public drainage
systems.
It is unlawful to introduce any foreign matter
(including, but not limited to, trash, leaves, grass
clippings, debris, garbage, fill, construction
materials, organic or inorganic pollutants, acids,
and petroleum products), whether by action or
inaction, to any public drainage system including
but not limited to streets.
City of Tampa, FL

Specific requirements - example
I.K. Vehicle/Equipment Repair and Maintenance
1) Vehicle/equipment repair and maintenance shall be performed in
a designated area indoors, or if such services must be performed
outdoors, in an area designed to prevent the run-on and runoff of
stormwater.
2) Secondary containment shall be provided for exterior work areas
where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid,
acid-containing batteries or other hazardous materials or
hazardous wastes are used or stored. Drains shall not be
installed within the secondary containment areas.
City of Fremont, CA

Example – Rice Creek Watershed
District
ExampleExample –– Rice Creek WatershedRice Creek Watershed
DistrictDistrict
• Activity creating impervious surface shall address the use of Better
Site Design (BSD) techniques in Chapter 4, “Minnesota Stormwater
Manual“
• Water quality and infiltration BMPs must be sized to infiltrate and/or
retain the runoff volume generated by a two-year (2.8-inch) storm
under the developed condition.
• Site with soils classified as A or B must meet this standard through
infiltration for at least that part of the site where A or B soil is
present.
• Where infiltration is not feasible, filtration is preferred.
• Site with C or D soils, the stormwater management plan shall focus
on incorporation of water quality BMPs. The order of preference for
BMP’s is biofiltration, filtration, wetland treatment system, extended
detention basin, NURP ponding.

Follow Up QuestionsFollow Up QuestionsFollow Up Questions
Loren Larson
llarson@calthacompany.com
Caltha LLP
Minneapolis, Minnesota
(763) 208-6430

Compliance With MPCA Industrial Stormwater Permit Requirements

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