NPDES II

 

Effective water resources management requires cities to enact various municipal controls.  Stormwater regulations are part of the National Pollutant Discharge Elimination System (NPDES) permit program.  Mandated by Congress under the Clean Water Act, NPDES is a comprehensive program for addressing polluted stormwater runoff.  The U.S. Environmental Protection Agency (EPA) delegated permitting authority for Minnesota’s NPDES program to the Minnesota Pollution Control Agency (MPCA) in 1974.  Minnesota regulates the disposal of stormwater through State Disposal System (SDS) permits.  The MPCA issues combined NPDES/SDS permits for construction sites, industrial facilities and MS4s.

 

The Minnesota Pollution Control Agency is currently taking public comment on proposed revisions to the NPDES General Construction Permit.  The General Permit contains the water quality and erosion control requirements that must be met for construction disturbing one acre and is in addition to any other permits or project reviews required by cities, counties or watershed organizations.

 

Moreover, MS4s in the Shingle Creek watershed must revise their SWPPPs by August 2008 with new or revised BMPs that reflect Chloride TMDL implementation activity.  The MPCA requires the MS4 to submit an addendum to the permit that includes a marrative of how it intends to implement the TMDL and any new or revised BMPs.  The MS4 must estimate the load reduction that would result from each BMP and include a discussion of how they will track performance.  MS4s can also “take credit for” existing activities.

 

Click here to view the proposed revisions to NPDES General Construction Permit.

 

A municipal separate storm sewer system (MS4) is a conveyance or system of conveyances (roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains) owned or operated by a state, city or town having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes under section 208 of the Clean Water Act that discharges to waters of the United States.

 

In accordance with EPA requirements, Minneapolis was issued its NPDES Phase I permit in 2000.  The other nine cities in the Shingle Creek and West Mississippi watersheds fall under the requirements of NPDES Phase II.

 

Stormwater permits require permittees to control polluted discharges.  Regulated parties must develop stormwater pollution prevention plans (SWPPPs) to address their stormwater discharges.

 

The NPDES Education and Public Outreach program must identify best management practices (BMPs) and measurable goals associated with six minimum control measures and provide opportunities for the public to become involved in the protection of water quality.  An annual report on the implementation of the SWPPP must be submitted.  The six minimum measures are:

 

1. Education and public outreach;
2. Public participation and involvement;
3. Illicit discharge and elimination;
4. Construction site stormwater runoff control;
5. Post-construction stormwater runoff control in new development and redevelopment; and
6. Pollution prevention and good housekeeping for municipal operations.

 

The Commissions developed an Education and Public Outreach Minimum Measure Program in early 2003.  The nine Phase II permittees agreed that the Commissions will be responsible for providing programming to satisfy the basic requirements of the education and public outreach minimum measures.  Implementation will be coordinated by the joint Education and Public Outreach Committee (EPOC).  The MS4s must still provide an opportunity for the public to review and comment on their individual proposed SWPPPs as well as conduct annual meetings to consider their annual reports.  Annually, the Commissions provide their activity reports to the MS4s for use in developing their own reports.  The Commissions’ 2007 NPDES Activity Report can be viewed here.