MA MS4 Permit A0004.pdf

MA MS4 General Permit i

United States Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES)

GENERAL PERMITS FOR STORMWATER DISCHARGES FROM

SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS

IN MASSACHUSETTS

(as modified)

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 U.S.C. §1251 et seq.), and the Massachusetts Clean Waters Act, as amended (M.G.L. Chap.21 §§ 26-53), any operator of a small municipal separate storm sewer system whose system:

• Is located in the areas described in part 1.1;

• Is eligible for coverage under part 1.2 and part 1.9; and

• Submits a complete and accurate Notice of Intent in accordance with part 1.7 of this permit and

EPA issues a written authorization is authorized to discharge in accordance with the conditions and the requirements set forth herein.

The following appendices are also included as part of these permits:

Appendix A – Definitions, Abbreviations, and Acronyms;

Appendix B – Standard permit conditions applicable to all authorized discharges;

Appendix C – Endangered Species Act Eligibility Guidance;

Appendix D – National Historic Preservation Act Eligibility Guidance;

Appendix E – Information required for the Notice of Intent (NOI);

Appendix F – Requirements for MA Small MS4s Subject to Approved TMDLs;

Appendix G – Impaired Waters Monitoring Parameter Requirements;

Appendix H – Requirements related to discharges to certain water quality limited waterbodies;

This modifies parts: 2.0; 2.1; 2.1.1; 2.1.2.a; 2.2.; 2.2.2 (paragraphs 2 and 3); 2.3.3; 2.3.5; 2.3.6;

2.3.7.b; 4.1; 4.4; 5.1.5; 6.5; Appendix F part A.I; Appendix F part A.II; and Appendix H of the permits that became effective on July 1, 2018

These permit modifications become effective on January 6, 2021.

These permits and the authorization to discharge expire at midnight, June 30, 2022.

Signed this 7th day of December 2020

/S/Signature On File Ken Moraff, Director Water Division United States Environmental Protection Agency 5 Post Office Square – Suite 100 Boston, Massachusetts 02109-3912

Signed this 7th day of December 2020

Lealdon Langley, Director Division of Watershed Management Department of Environmental Protection One Winter Street Boston, Massachusetts 02108 ii

TABLE OF CONTENTS

1.0. INTRODUCTION

1.1. AREAS OF COVERAGE

1.2. ELIGIBILITY

1.2.1. Small MS4s Covered

1.3. LIMITATIONS ON COVERAGE

1.4. NON-STORMWATER DISCHARGES

1.5. PERMIT COMPLIANCE

1.6. CONTINUATION OF THIS PERMIT

1.7. OBTAINING AUTHORIZATION TO DISCHARGE

1.7.1. How to Obtain Authorization to Discharge

1.7.2. Notice of Intent

1.7.3. Submission of Notice of Intent

1.7.4. Public Notice of NOI and Effective Date of Coverage

1.8. INDIVIDUAL PERMITS AND ALTERNATIVE GENERAL PERMITS

1.9. SPECIAL ELIGIBILITY DETERMINATIONS

1.9.1. Documentation Regarding Endangered Species

1.9.2. Documentation Regarding Historic Properties

1.10. STORMWATER MANAGEMENT PROGRAM (SWMP)

1.10.1. Stormwater Management Program Availability

1.10.2. Contents and Timelines of the Stormwater Management Program for 2003 permittees

1.10.3. Contents and Timelines of the Stormwater Management Program for New Permittees

2.0. NON-NUMERIC EFFLUENT LIMITATIONS

2.1. WATER QUALITY BASED EFFLUENT LIMITATIONS

2.1.1. Requirement to Meet Water Quality Standards

2.1.2. Increased Discharges

2.2. DISCHARGES TO CERTAIN IMPAIRED WATERS

2.2.1. Discharges Subject to Requirements Related to an Approved TMDL

2.2.2. Discharges to Certain Water Quality Limited Waters Subject to Additional Requirements

2.3. REQUIREMENTS TO REDUCE POLLUTANTS TO THE MAXIMUM EXTENT PRACTICABLE (MEP)

2.3.1. Control Measures

2.3.2. Public Education and Outreach

2.3.3. Public Involvement and Participation

2.3.4 Illicit Discharge Detection and Elimination (IDDE) Program

2.3.5. Construction Site Stormwater Runoff Control

2.3.6. Stormwater Management in New Development and Redevelopment (Post Construction

Stormwater Management)

2.3.7. Good House Keeping and Pollution Prevention for Permittee Owned Operations

3.0. ADDITIONAL REQUIREMENTS FOR DISCHARGES TO SURFACE

DRINKING WATER SUPPLIES AND THEIR TRIBUTARIES

4.0. PROGRAM EVALUATION, RECORD KEEPING, AND REPORTING ... 55

4.1. PROGRAM EVALUATION

4.2. RECORD KEEPING

4.3. OUTFALL MONITORING REPORTING

4.4. ANNUAL REPORTS

iii

5.0. NON-TRADITIONAL MS4S

5.1. REQUIREMENTS FOR NON-TRADITIONAL MS4S

5.1.1. Public education

5.1.2. Ordinances and regulatory mechanisms

5.1.3. Assessment of Regulations

5.1.4. New Dischargers

5.1.5 Dischargers Subject to Appendix F Part A.I

6.0 REQUIREMENTS FOR MS4S OWNED OR OPERATED BY

TRANSPORTATION AGENCIES

6.1 PUBLIC EDUCATION

6.2 ORDINANCES AND REGULATORY MECHANISMS

6.3 ASSESSMENT OF REGULATIONS

6.4 NEW DISCHARGERS

6.5 DISCHARGERS SUBJECT TO APPENDIX F PART A.I

1.0. Introduction

This document consists of three (3) general permits listed in part 1.1. Each general permit is applicable to a particular type of municipal system within Massachusetts. Many of the permit terms and conditions are applicable across all regulated entities, and therefore are presented just once in parts 1-2, part 4, and Appendices A through E. Other conditions are applicable to a particular set of authorized entities; these terms and conditions are included in parts 3, and 5 and Appendices F through H. Throughout the permit, the terms “this permit” or “the permit” will refer to the three general permits.

1.1. Areas of Coverage

This permit covers small municipal separate storm sewer systems (MS4s) located in the Commonwealth of Massachusetts:

• Traditional Cities and Towns (NPDES Permit No. MAR041000)

• State, federal, county and other publicly owned properties (Non-traditional) (MAR042000)

• State transportation agencies (except for MassDOT- Highway Division) (MAR043000)

1.2. Eligibility

The MS4 shall meet the eligibility provisions described in part 1.2.1 and part 1.9 to be eligible for authorization under this permit.

1.2.1. Small MS4s Covered

This permit authorizes the discharge of stormwater from small MS4s as defined at 40 CFR § 122.26(b) (16). This includes MS4s described in 40 CFR §122.32(a) (1) and (a) (2). An MS4 is eligible for coverage under this permit if it is:

• A small MS4 within the Commonwealth of Massachusetts;

• Not a large or medium MS4 as defined in 40 CFR §§122.26(b)(4) or (7);

• Located either fully or partially within an urbanized area as determined by the latest

Decennial Census by the Bureau of Census as of the effective date of this permit (the 2010 Census); or

• Located in a geographic area designated by EPA as requiring a permit.

If the small MS4 is not located entirely within an urbanized area, only the portion of the MS4 that is located within the urbanized area is regulated under 40 CFR §122.32(a) (1).

A small municipal separate storm sewer system means all separate storm sewers that are:

• Owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States.

• Not defined as large or medium municipal separate storm sewer systems pursuant to 40 CFR § 122.26(b) (4) and (b) (7) or designated under 40 CFR § 122.26(a) (1) (v).

• This term includes systems similar to separate storm sewer systems in municipalities such as systems at military bases, large hospitals or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.

1.3. Limitations on Coverage

This permit does not authorize the following:

a. Stormwater discharges mixed with sources of non-stormwater unless such non-stormwater discharges are:

• Authorized under a separate NPDES permit; or

• A non-stormwater discharge as listed in part 1.4.

b. Stormwater discharges associated with industrial activity as defined in 40 CFR §122.26 (b) (14) (i)-

(ix) and (xi).

c. Stormwater discharges associated with construction activity as defined in 40 CFR §122.26(b) (14)

(x) or (b) (15).

d. Stormwater discharges currently authorized under another NPDES permit, including discharges covered under other regionally issued general permits.

e. Stormwater discharges or discharge related activities that are likely to adversely affect any species that are listed as endangered or threatened under the Endangered Species Act (ESA) or result in the adverse modification or destruction of habitat that is designated as critical under the ESA. The permittee shall follow the procedures detailed in Appendix C to make a determination regarding eligibility. The permittee shall certify compliance with this provision on the submitted NOI.

f. Stormwater discharges whose direct or indirect impacts do not prevent or minimize adverse effects on any Essential Fish Habitat.

g. Stormwater discharges, or implementation of a stormwater management program, which adversely affects properties listed or eligible to be listed on the National Register of Historic Places. The permittee shall follow the procedures detailed in Appendix D to make a determination regarding eligibility. The permittee shall certify compliance with this provision on the submitted NOI.

h. Stormwater discharges prohibited under 40 CFR § 122.4.

i. Stormwater discharges to the subsurface subject to state Underground Injection Control (UIC) regulations. Although the permit includes provisions related to infiltration and groundwater recharge, structural controls that dispose of stormwater into the ground may be subject to UIC regulation requirements. Authorization for such discharges shall be obtained from Massachusetts Department of Environmental Protection, Bureau of Resource Protection, Drinking Water Program, Underground Injection Control, One Winter Street, Boston, MA 02108 – phone 617-292-5859.

j. Any non-traditional MS4 facility that is a “new discharger” as defined in part 5.1.4. and discharges to a waterbody listed in category 5 or 4b on the Massachusetts Integrated Report of waters listed pursuant to Clean Water Act section 303(d) and 305(b) due to nutrients (Total Nitrogen or (Total Phosphorus), metals (Cadmium, Copper, Iron, Lead or Zinc), solids (TSS or Turbidity), bacteria/pathogens (E. Coli, Enteroccus or Fecal Coliform), chloride (Chloride) or oil and grease

(Petroleum Hydrocarbons or Oil and Grease), or discharges to a waterbody with an approved TMDL for any of those pollutants.

1.4. Non-Stormwater Discharges

The following categories of non-stormwater discharges are allowed under this permit unless the permittee, EPA, or the MassDEP identifies any category or individual discharge of non-stormwater discharge in part 1.4.a-r as a significant contributor of pollutants to the MS4, then that category or individual discharge is not allowed under part 1.4, but rather shall be deemed an “illicit discharge” under part 2.3.4.1, and the permittee shall address that category or individual discharge as part of the Illicit Discharge Detection and Elimination (IDDE) Program described in part 2.3.4 of this permit.

a. Water line flushing

b. Landscape irrigation

c. Diverted stream flows

d. Rising ground water

e. Uncontaminated ground water infiltration (as defined at 40 CFR § 35.2005(20))

f. Uncontaminated pumped ground water

g. Discharge from potable water sources

h. Foundation drains

i. Air conditioning condensation

j. Irrigation water, springs

k. Water from crawl space pumps

l. Footing drains

m. Lawn watering

n. Individual resident car washing

o. Flows from riparian habitats and wetlands

p. De-chlorinated swimming pool discharges

q. Street wash waters

r. Residential building wash waters without detergents

Discharges or flows from firefighting activities are allowed under this permit need only be addressed where they are identified as significant sources of pollutants to waters of the United States.

1.5. Permit Compliance

Non-compliance with any of the requirements of this permit constitutes a violation of the permit and the CWA and may be grounds for an enforcement action and may result in the imposition of injunctive relief and/or penalties.

1.6. Continuation of this Permit

If this permit is not reissued prior to the expiration date, it will be administratively continued in accordance with the Administrative Procedure Act and remain in force and effect for discharges that were authorized prior to expiration. If a small MS4 was granted permit authorization prior to the expiration date of this permit, it will automatically remain authorized by this permit until the earliest of:

• Authorization under a reissued general permit following timely and appropriate submittal of a complete and accurate NOI requesting authorization to discharge under the reissued permit; or

• Issuance or denial of an individual permit for the MS4’s discharges; or

• Authorization or denial under an alternative general permit.

If the MS4 operator does not submit a timely, appropriate, complete, and accurate NOI requesting authorization to discharge under the reissued permit or a timely request for authorization under an individual or alternative general permit, authorization under this permit will terminate on the due date for the NOI under the reissued permit unless otherwise specified in the reissued permit.

1.7. Obtaining Authorization to Discharge

1.7.1. How to Obtain Authorization to Discharge

To obtain authorization under this permit, a small MS4 shall:

• Be located in the areas listed in part 1.1 of this permit;

• Meet the eligibility requirements in part 1.2 and part 1.9;

• Submit a complete and accurate Notice of Intent (NOI) in accordance with the requirements of part 1.7.2; and

• EPA issues a written authorization.

1.7.2. Notice of Intent

a. Operators of Small MS4s seeking authorization to discharge under the terms and conditions of this permit shall submit a Notice of Intent that contains the information identified in Appendix E.

This includes operators of small MS4s that were previously authorized under the May 1, 2003 small MS4 general permit (MS4-2003 permit).

b. The NOI shall be signed by an appropriate official (see Appendix B, Subparagraph B.11, Standard Conditions).

c. The NOI shall contain the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I certify that the information submitted is, to best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Print the name and title of the official, followed by signature and date.

d. The NOI shall be submitted within 90 days of the effective date of the permit. If EPA notifies an MS4 that it is designated under 40 CFR § 122.32(a) (2) or (b), the NOI shall be submitted within 180 days of receipt of notice unless granted a longer period of time by EPA.

1.7.3. Submission of Notice of Intent

a. All small MS4s shall submit a complete and accurate Notice of Intent (suggested form in

Appendix E) to EPA-Region 1 at the following address:

United States Environmental Protection Agency Stormwater and Construction Permits Section (OEP06-1)

Five Post Office Square, Suite 100

Boston, MA 02109

Or submitted electronically to EPA at the following email address: stormwater.reports@epa.gov

b. All small MS4s shall also submit a copy of the NOI to the MassDEP at the following address:

Massachusetts Department of Environmental Protection One Winter Street -5th Floor Boston, Massachusetts 02108

ATTN: Frederick Civian, Stormwater Coordinator

c. Late notification: A small MS4 is not prohibited from submitting a NOI after the dates provided in part 1.7.2.d. However, if a late NOI is submitted, authorization is only for discharges that occur after permit authorization is granted. EPA and MassDEP reserve the right to take enforcement actions for any unpermitted discharges. All NOIs submitted after December 21, 2020 must be submitted electronically.

1.7.4. Public Notice of NOI and Effective Date of Coverage

a. EPA will provide a public notice and opportunity for comment on the contents of the submitted

NOIs. The public comment period will be a minimum of 30 calendar days.

b. Based on a review of a small MS4’s NOI or other information, EPA may grant authorization, extend the public comment period, or deny authorization under this permit and require submission of an application for an individual or alternative NPDES permit. (See part 1.8) A small MS4 will be authorized to discharge under the terms and conditions of this permit upon receipt of notice of authorization from EPA.

c. Permittees whose authorization to discharge under the MS4-2003 permit, which expired on May 1, 2008, has been administratively continued in accordance with the Administrative Procedure Act 5 U.S.C. § 558(c) and 40 CFR § 122.6, who wish to obtain coverage under this permit, must submit a new NOI requesting permit coverage in accordance with the requirements of part 1.7 of this permit to EPA within 90 days after the effective date of this permit. Permittees whose authorization to discharge under the expired MS4-2003 permit was administratively continued, who fail to submit a timely, complete and accurate NOI or an application for an individual NPDES permit within 90 days after the effective date of this permit will be considered to be discharging without a permit (see 40 CFR § 122.28(b)(3)(iii)).

1.8. Individual Permits and Alternative General Permits

a. EPA may require a small MS4 to apply for and obtain authorization under either an individual NPDES permit or an alternative NPDES general permit. Any interested person may petition EPA in accordance with the provisions of 40 CFR § 122.26(f) to require a small MS4 to apply for and/or obtain authorization under either an individual NPDES permit or an alternative NPDES general permit. If EPA requires a small MS4 to apply for an individual or alternative NPDES permit, EPA will notify the small MS4 in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and will provide application information and an application deadline. If a small MS4 is authorized under the MS4-2003 permit or this permit and fails to submit an individual NPDES or an alternative general permit NPDES permit application as required by EPA, then the authorization under the MS4-2003 permit or this permit to the small MS4 is automatically terminated at the end of the date specified by EPA as the deadline mailto:stormwater.reports@epa.gov for application submittal. EPA reserves the right to take enforcement action for any unpermitted discharge.

b. A small MS4 may request to be excluded from this general permit by applying for an individual permit or authorization under an alternative general permit. In such a case, a small MS4 shall submit an individual permit application in accordance with the requirements of 40 CFR § 122.33(b) (2) (i) or § 122.33(b) (2) (ii), with reasons supporting the request, to EPA at the address listed in part 1.7.3 of this permit. The request may be granted by issuance of an individual permit or authorization under an alternative general permit if EPA determines that the reasons stated by the small MS4 are adequate to support the request.

(See 40 CFR § 122.28(b) (3)).

c. When an individual NPDES permit is issued, or a small MS4 is authorized to discharge under an alternative NPDES general permit, authorization under this permit automatically terminates on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit.

1.9. Special Eligibility Determinations

1.9.1. Documentation Regarding Endangered Species

The small MS4 shall certify eligibility regarding endangered species in the NOI required by part

1.7.2. The Stormwater Management Program (SWMP) shall include documentation supporting the permittee’s eligibility determination with regard to federal Endangered and Threatened Species and Critical Habitat Protection, including:

• Results of the Appendix C U.S. Fish and Wildlife Service endangered species screening determination; and

• If applicable, a description of the measures the small MS4 shall implement to protect federally listed endangered or threatened species, or critical habitat, including any conditions imposed by the U.S. Fish and Wildlife Service. If a permittee fails to document and implement such measures, the permittee’s discharges are ineligible for coverage under this permit.

1.9.2. Documentation Regarding Historic Properties

The small MS4 shall certify eligibility regarding historic properties on the NOI required by part

1.7.2. The SWMP shall include documentation supporting the small MS4’s eligibility determination with regard to Historic Properties Preservation, including:

• Information on whether the permittee’s stormwater discharges, allowable non-stormwater discharges, or stormwater discharge-related activities would have an effect on a property that is listed or eligible for listing on the National Register of Historic Properties (NRHP);

• Where such effects may occur, any documents received by the permittee or any written agreements the permittee has made with the State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO), or other Tribal representative to mitigate those effects;

• Results of the Appendix D historic property screening investigations; and

• If applicable, a description of the measures the permittee shall implement to avoid or minimize adverse impacts on places listed, or eligible for listing, on the NRHP, including any conditions imposed by the SHPO or THPO. If the permittee fails to document and implement such measures, those discharges are ineligible for coverage under this permit.

1.10. Stormwater Management Program (SWMP)

a. The permittee shall develop and implement a written (hardcopy or electronic) SWMP. The SWMP shall be signed in accordance with Appendix B, Subsection 11, including the date of signature. A signature and date is required for initial program preparation and for any significant revision to the program, which shall be in writing. The written SWMP shall be completed within one (1) year of the effective date of the permit.

The SWMP is the document used by the permittee to describe and detail the activities and measures that will be implemented to meet the terms and conditions of the permit. The SWMP shall accurately describe the permittees plans and activities. The document should be updated and/or modified during the permit term as the permittee’s activities are modified, changed or updated to meet permit conditions during the permit term.

b. Permittees authorized by the MS4-2003 permit shall modify or update their existing Best Management Practices (BMPs) and measurable goals to meet the terms and conditions of part 2.3 of this permit within one (1) year of the effective date of the permit. These modifications and updates shall be reflected in the written (hardcopy or electronic) SWMP. Permittees authorized by the MS4-2003 permit shall continue to implement their existing SWMP until the program has been updated.

1.10.1. Stormwater Management Program Availability

a. The permittee shall retain a copy of the current SWMP required by this permit at the office or facility of the person listed as the program contact on the submitted Notice of Intent (NOI). The SWMP shall be immediately available to representatives from EPA, MassDEP, U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) at the time of an onsite inspection or upon request.

b. The permittee shall make the SWMP available to the public during normal business hours. The permittee shall also post the SWMP online1 if the permittee has a website on which to post the

SWMP.

1.10.2. Contents and Timelines of the Stormwater Management Program for 2003 permittees The following information must be included in the SWMP within one (1) year of the permit effective date and updated annually thereafter, as necessary:

• Identification of names and titles of people responsible for program implementation. If a position is currently unfilled, list the title of the position and modify the SWMP with the name once the position is filled;

• Documentation of compliance with part 1.9.1;

• Documentation of compliance with part 1.9.2;

1 Should a permittee not wish to post mapping information included in the SWMP (see part 1.10.2) on their website for public safety reasons, they must state the reason either with or within the online SWMP and provide how the MS4 mapping information can be obtained. The permittee must retain the entire SWMP, including all completed mapping, at a location where it can be made available to the public during normal business hours.

• Documentation of authorization of all new or increased discharges granted by MassDEP in compliance with part 2.1.2;

• Listing of all discharges identified pursuant to part 2.1.1 and description of response;

• Description of practices to achieve compliance with part 2.3 (MEP requirements) identified in the permittee’s NOI and any updates to those BMPs within the first year;

For each permit condition in part 2.3 identify:

- The person(s) or department responsible for the measure;

- The BMPs for the control measure or permit requirement;

- The measurable goal(s) for each BMP. Each measurable goal shall include milestones and timeframes for its implementation and have a quantity or quality associated with its endpoint. Each goal shall have a measure of assessment associated with it;

• Sanitary Sewer Overflow (SSO) inventory including all of the information required in part 2.3.4.4.b;

• Written IDDE Program pursuant to part 2.3.4.6;

• Written procedures for site inspections and enforcement of sediment and erosion control procedures in accordance with part 2.3.5;

• Description of measures to avoid or minimize impacts to surface public drinking water supply sources. The permittee is also encouraged to include provisions to notify public water supplies in the event of an emergency. Massachusetts Department of Environmental Protection, Bureau of Resource Protection, Drinking Water Program, One Winter Street, Boston, MA 02108 – phone 617.292.5770.

• Description of activities to achieve compliance with part 3.0;

• Annual program evaluation (part 4.1). Update annually and maintain copies.

The following information must be included in the SWMP within two (2) years of the permit effective date and updated annually thereafter, as necessary:

• Listing of all receiving waterbody segments, their classification under the applicable state water quality standards, any impairment(s) and associated pollutant(s) of concern, applicable TMDLs and WLAs, and number of outfalls from the MS4 that discharge to each waterbody. In addition to the receiving water, the permittee shall document in the SWMP all surface public drinking water sources that may be impacted by MS4 discharges;

• Listing of all interconnected MS4s and other separate storm sewer systems receiving a discharge from the permitted MS4, the receiving waterbody segment(s) ultimately receiving the discharge, their classification under the applicable state water quality standards, any impairment(s) and associated pollutant(s) of concern, applicable TMDLs and WLAs, and the number of interconnections;

• Written procedures to require submission of as-built drawings and ensure long term operation and maintenance in accordance with part 2.3.6.a.iii;

• The map of the separate storm sewer system required by part 2.3.4.5.

The following information must be included in the SWMP within four (4) years of the permit effective date and updated annually thereafter, as necessary:

• Report(s) assessing current street design and parking lot guidelines and other local requirements within the municipality that affect the creation of impervious cover.

The following information must be included in the SWMP concurrent with the applicable deadlines in Appendix F and H and updated annually thereafter, as necessary:

• Description of practices to achieve compliance with part 2.2.1 (TMDL requirements) including:

- The person(s) or department responsible for the measure;

- The BMPs for the control measure or permit requirement;

- The measurable goal(s) for each BMP. Each measurable goal shall include milestones and timeframes for its implementation and have a quantity or quality associated with its endpoint. Each goal must have an associated measure of assessment.

• Description of practices to achieve compliance with part 2.2.2 (discharges to certain water quality limited waters subject to additional requirements) including:

- The person(s) or department responsible for the measure;

- The BMPs for the control measure or permit requirement;

- The measurable goal(s) for each BMP. Each measurable goal shall include milestones and timeframes for its implementation and have a quantity or quality associated with its endpoint. Each goal must have an associated measure of assessment;

• Description of any other practices to achieve compliance with part 2.1 (water quality based requirements)

1.10.3. Contents and Timelines of the Stormwater Management Program for New Permittees

a. Permittees seeking authorization for the first time shall meet all deadlines contained in this permit except the following:

• Timelines for public education requirements in part 2.3.2.c shall be extended by one (1) year and need to include one (1) message to each audience over the permit term;

• The ordinances, by-laws, or other regulatory mechanisms required by parts 2.3.4, 2.3.5 and 2.3.6 shall be completed as soon as possible, but no later than three (3) years from the permit effective date; and

• All other deadlines in part 2.3.4 shall be extended by three (3) years.

• All other deadlines in part 2.3.5, 2.3.6 and 2.3.7 shall be extended by two (2) years.

• All deadlines for discharges to water quality limited waters without a TMDL under part

2.2.2 shall be extended by two (2) years.

b. Contents of the Stormwater Management Program for New Permittees

The following information must be included in the SWMP within one (1) year of the permit effective date and updated annually thereafter, as necessary:

• Identification of names and titles of people responsible for program implementation. If a position is currently unfilled, list the title of the position and modify the SWMP with the name once the position is filled;

• Documentation of compliance with part 1.9.1;

• Documentation of compliance with part 1.9.2;

• Documentation of authorization of all new or increased discharges granted by

MassDEP in compliance with part 2.1.2;

• Listing of all discharges identified pursuant to part 2.1.1 and description of response;

• Description of practices to achieve compliance with part 2.3 (MEP requirements) identified in the permittee’s NOI and any updates to those BMPs within the first year;

For each permit condition in part 2.3 identify:

- The person(s) or department responsible for the measure;

- The BMPs for the control measure or permit requirement;

- The measurable goal(s) for each BMP. Each measurable goal shall include milestones and timeframes for its implementation and have a quantity or quality associated with its endpoint. Each goal shall have a measure of assessment associated with it;

• Description of measures to avoid or minimize impacts to surface public drinking water supply sources. The permittee is also encouraged to include provisions to notify public water supplies in the event of an emergency. Massachusetts Department of Environmental Protection, Bureau of Resource Protection, Drinking Water Program, One Winter Street, Boston, MA 02108 – phone 617.292.5770. Description of activities to achieve compliance with part 3.0;

• Annual program evaluation (part 4.1). Update annually and maintain copies.

The following information must be included in the SWMP within three (3) years of the permit effective date and updated annually thereafter, as necessary:

• Written procedures for site inspections and enforcement of sediment and erosion control procedures in accordance with part 2.3.5;

The following information must be included in the SWMP within four (4) years of the permit effective date and updated annually thereafter, as necessary:

• Outfall and interconnection inventory;

• Sanitary Sewer Overflow (SSO) inventory including all of the information required in part 2.3.4.4.b;

• Written IDDE Program pursuant to part 2.3.4.6.

• Written operation and maintenance procedures for municipal activities in part 2.3.7.a.ii;

• Written program detailing the activities and procedures the permittee will implement so that the MS4 infrastructure is maintained in a timely manner to reduce the discharge of pollutants from the MS4 in accordance with part 2.3.7.a.iii.1;

• Written procedures to require submission of as-built drawings and ensure long term operation and maintenance in accordance with part 2.3.6.a.iii;

The following information must be included in the SWMP within five (5) years of the permit effective date and updated annually thereafter, as necessary:

• Phase 1 of the map of the separate storm sewer system required by part 2.3.4.5;

• Listing of all receiving waterbody segments, their classification under the applicable state water quality standards, any impairment(s) and associated pollutant(s) of concern, applicable TMDLs and WLAs, and number of outfalls from the MS4 that discharge to each waterbody. In addition to the receiving water, the permittee shall document in the SWMP all surface public drinking water sources that may be impacted by MS4 discharges;

• Listing of all interconnected MS4s and other separate storm sewer systems receiving a discharge from the permitted MS4, the receiving waterbody segment(s) ultimately receiving the discharge, their classification under the applicable state water quality standards, any impairment(s) and associated pollutant(s) of concern, applicable TMDLs and WLAs, and the number of interconnections;

The following information must be included in the SWMP within six (6) years of the permit effective date and updated annually thereafter, as necessary:

• Report(s) assessing current street design and parking lot guidelines and other local requirements within the municipality that affect the creation of impervious cover.

The following information must be included in the SWMP concurrent with the applicable deadlines in Appendix F and H (extended by two (2) years) and updated annually thereafter, as necessary:

• Description of practices to achieve compliance with part 2.2.1 (discharges subject to requirements related to approved TMDLs)including:

- The person(s) or department responsible for the measure;

- The BMPs for the control measure or permit requirement;

- The measurable goal(s) for each BMP. Each measurable goal shall include milestones and timeframes for its implementation and have a quantity or quality associated with its endpoint. Each goal must have an associated measure of assessment.

• Description of practices to achieve compliance with part 2.2.2 (discharges to certain water quality limited waters subject to additional requirements) including:

- The person(s) or department responsible for the measure;

- The BMPs for the control measure or permit requirement;

- The measurable goal(s) for each BMP. Each measurable goal shall include milestones and timeframes for its implementation and have a quantity or quality associated with its endpoint. Each goal must have an associated measure of assessment;

• Description of any other practices to achieve compliance with part 2.1 (water quality based requirements).

2.0. Non-Numeric Effluent Limitations

This section includes terms and conditions necessary to reduce the discharge of pollutants from the MS4 to the maximum extent practicable; to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act and the Massachusetts Water Quality Standards.

2.1. Water Quality Based Effluent Limitations

Pursuant to Clean Water Act 402(p)(3)(B)(iii), this permit includes provisions to ensure that discharges from the permittee’s small MS4 meet applicable water quality standards as set forth in part 2.1.1.

below.

2.1.1. Requirement to Meet Water Quality Standards

a. The permittee’s discharges shall meet applicable water quality standards by complying with parts 2.1.1.b and/or 2.1.1.c in accordance with the schedules set forth therein.2 Any other

2 Applicable water quality standards are the state standards that have been federally approved or promulgated as of the issuance date of this permit and are compiled by EPA at http://www.epa.gov/waterscience/standards/wqslibrary/.

http://www.epa.gov/waterscience/standards/wqslibrary/ discharge of a pollutant that: (i) is not addressed by part 2.1.1.b, part 2.1.1.c, part 2.2.1, and/or part 2.2.2, (ii) is not the result of an illicit discharge subject to part 2.3.4, and (iii) does not meet applicable water quality standards, either independently or in conjunction with other discharges, shall comply with part 2.1.1.d.

b. If there is a discharge from the MS4 to a waterbody (or its tributaries in some cases) that is subject to an EPA approved or established TMDL identified in part 2.2.1, the permittee is subject to the requirements of part 2.2.1 and Appendix F of this permit and the permittee shall comply with all applicable schedules, alternative schedules and requirements in Appendix F. A permittee’s compliance with all applicable requirements and BMP implementation schedules in Appendix F or any alternative schedules applicable to it will constitute compliance with part 2.1.1.a. of the Permit for discharges of pollutants addressed in Appendix F.

c. If (i)there is a discharge from the MS4 to a waterbody (or its tributaries in some cases) that is water quality limited (see definition in Appendix A) due to nutrients (Total Nitrogen or Total Phosphorus), metals (Cadmium, Copper, Iron, Lead or Zinc), solids (TSS or Turbidity), bacteria/pathogens (E. Coli, Enterococcus or Fecal Coliform), chloride (Chloride) or oil and grease (Petroleum Hydrocarbons or Oil and Grease) and is not subject to an approved TMDL, or (ii)the MS4 is located within a municipality listed in part 2.2.2.a.-b., then the permittee is subject to the requirements of part 2.2.2 and Appendix H of this permit and the permittee shall comply with all applicable schedules and requirements in Appendix H. A permittee’s compliance with all applicable requirements and BMP implementation schedules in Appendix H applicable to it will constitute compliance with part 2.1.1.a. of the Permit for discharges of pollutants addressed in Appendix H.

d. Pursuant to Part 2.1.1.a, upon notice from EPA or MassDEP to the permittee that a discharge of a pollutant from the MS4 that is exceeding applicable water quality standards, the permittee must, within 60 days, remedy the exceedance or eliminate the discharge. However, where such remedy or elimination within 60 days is impracticable, the permittee shall submit to EPA, by the same deadline, a schedule of actions to achieve a remedy or elimination in the shortest time not impracticable. The permittee shall implement such actions on the schedule submitted to EPA and report on progress in its annual reports unless or until EPA takes any other action that effectively replaces the schedule..

2.1.2. Increased Discharges

a. Any increased discharge, including increased pollutant loading(s) through the MS4 to waters of the United States is subject to Massachusetts antidegradation regulations at 314 CMR 4.04. The permittee shall comply with the provisions of 314 CMR 4.04 including information submittal requirements and obtaining authorization for increased discharges where appropriate3. Any authorization of an increased discharge by MassDEP shall be incorporated into the permittee's SWMP. If an applicable MassDEP approval specifies conditions or requirements related to the increased discharge, such requirements may be independently enforceable under State law and may be adopted into a future permit.

b. There shall be no increased discharges, including increased pollutant loading(s) from the MS4 to impaired waters listed in categories 5 or 4b on the most recent Massachusetts Integrated Report of waters listed pursuant to Clean Water Act section 303(d) and 305(b) unless the permittee

3 Contact MassDEP for guidance on compliance with 314 CMR 4.04 demonstrates that there is no net increase in loading from the MS4 to the impaired water of the pollutant(s) for which the waterbody is impaired. The permittee may demonstrate compliance with this provision by either:

i. Documenting that the pollutant(s) for which the waterbody is impaired is not present in the MS4’s discharge and retaining documentation of this finding with the SWMP; or

ii. Documenting that the total load of the pollutant(s) of concern from the MS4 to any impaired portion of the receiving water will not increase as a result of the activity and retaining documentation of this finding in the SWMP. Unless otherwise determined by the Permittee, USEPA or by MassDEP that additional demonstration is necessary, compliance with the requirements of part 2.2.2 and part 2.3.6 of this Permit, including all reporting and documentation requirements, shall be considered as demonstrating no net increase as required by this part.

c. The requirements of this part are independent of permit conditions requiring reduction in discharges of pollutants as set forth in parts 2.1.1 and 2.2 (water quality based requirements) and

2.3 (requirements to reduce discharge of pollutants to the maximum extent practicable).

Permittees remain subject to requirements to reduce the discharge of pollutants from the MS4 as set forth in those parts.

2.2. Discharges to Certain Impaired Waters

The permittee shall identify in the SWMP and Annual Reports all MS4 discharges, including both outfalls and interconnections to other MS4s or other separate storm sewer systems, that:

• Are subject to Total Maximum Daily Load (TMDL) related requirements as identified in part 2.2.1.

• Are subject to additional requirements to protect water quality as identified in part 2.2.2.

The discharge location from an interconnection shall be determined based on the receiving water of the outfall from the interconnected system.

Permittees are subject to the applicable requirements in part 2.2.1, Appendix F, or an approved alternative structural control implementation schedule, and/or the applicable requirements in part 2.2.2, and Appendix H.

2.2.1. Discharges Subject to Requirements Related to an Approved TMDL

a. “Approved TMDLs” are those that have been approved by EPA as of the date of issuance of this permit.

b. The MS4s specified below discharge to waters within Massachusetts that are subject to TMDLs, or in some cases, to tributaries of such waters, and shall comply with the requirements of Appendix F, part A. Appendix F identifies, by section, the provisions the permittee shall implement to be consistent with the terms of the approved TMDL. Alternatively, EPA may notify the permittee that an individual permit application is necessary in accordance with part 1.8.a.

i. The following is a list of municipalities in the Charles River Watershed:

1.

Arlington Mendon Ashland Milford

Bellingham Millis Belmont Natick

Brookline Needham Cambridge Newton

Dedham Norfolk Dover Sherborn

Foxborough Walpole Franklin Waltham Holliston Watertown Hopedale Wayland Hopkinton Wellesley Lexington Weston

Lincoln Westwood Medfield Wrentham Medway

Permittees that operate regulated MS4s located in municipalities listed above that discharge to the Charles River or its Tributaries shall meet the requirements of Appendix F, part A.I with respect to the reduction of phosphorus discharges from their

MS4.

ii. The following is a list of municipalities that contain a lake or pond subject to an approved lake or pond phosphorus TMDL in the Northern Blackstone Basin, Chicopee Basin, Connecticut Basin, French Basin, Millers Basin or in the watershed of Bare Hill Pond, Flint Pond, Indian Lake, Lake Boon, Lake Quinsigamond, Leesville Pond, Salisbury Pond, Quaboag Pond or Quacumquasit Pond.

1.

Auburn Millbury Charlton Oxford Dudley Shrewsbury Gardner Spencer Grafton Springfield Granby Stow Hadley Templeton

Harvard Westminster Hudson Winchendon

Leicester Wilbraham

Ludlow

Permittees that operate regulated MS4s in the above municipalities that discharge to waterbodies listed on Table F-6 in Appendix F or their tributaries, and any other MS4 that discharges to waterbodies listed on Table F-6 in Appendix F or their tributaries, shall meet the requirements of Appendix F, part A.II with respect to reduction of phosphorus discharges from their MS4.

iii. The following is a list of municipalities that contain waters subject to an approved TMDL for bacteria or pathogens.

1.

Abington Marshfield Acushnet Mashpee Andover Mattapoisett

Avon Medfield Barnstable Medway

Bedford Melrose Bellingham Mendon

Belmont Milford Berkley Millis Beverly Milton Billerica Nahant Bourne Natick

Brewster Needham Bridgewater New Bedford

Brockton Newton Brookline Norfolk Burlington North Andover Cambridge Norton

Canton Norwell Chatham Norwood Cohasset Orleans Concord Peabody Danvers Pembroke

Dartmouth Plymouth Dedham Raynham Dennis Rehoboth Dighton Revere Dover Rockland

Duxbury Rockport East Bridgewater Salem

Eastham Sandwich Essex Saugus

Everett Scituate Fairhaven Seekonk Fall River Sharon Falmouth Sherborn

Foxborough Somerset Franklin Stoughton Freetown Swampscott

Gloucester Swansea Hanover Taunton Hanson Tewksbury Harwich Wakefield Holliston Walpole Hopedale Waltham Hopkinton Wareham

Ipswich Watertown Kingston Wellesley Lawrence Wellfleet Lexington West Bridgewater

Lincoln Weston Lynn Westport

Lynnfield Westwood Malden Whitman

Manchester Wilmington Mansfield Winthrop

Marblehead Yarmouth Marion

The operators of MS4s located in municipalities listed above that discharge to a waterbody segment listed on Table F-8 in Appendix F and any other MS4 that discharges directly to a waterbody segment listed on Table F-8 in Appendix F shall meet the requirements of Appendix F, part A.III with respect to reduction of bacteria/pathogens discharges from their MS4.

iv. The following is a list of municipalities located on Cape Cod that contain waters subject to an approved TMDL for nitrogen (Total Nitrogen).

1.

Bourne Barnstable Chatham Falmouth

Harwich Mashpee Orleans Yarmouth

Permittees that operate regulated MS4s located in the municipalities above that discharge to waterbodies found on Table F-9 in Appendix F or their tributaries and any other MS4 that discharges to waterbodies found on Table F-9 in Appendix F or their tributaries shall meet the requirements of Appendix F, part A.IV with respect to reduction of nitrogen discharges from their MS4.

v. The following is a list of municipalities located in the Assabet River Watershed:

1.

Acton Hudson Berlin Littleton Bolton Marlborough

Boxborough Maynard Boylston Northborough Ca rlisle Shrewsbury Clinton Stow Concord Westborough Grafton Westford Harvard

Permittees that operate regulated MS4s located in the municipalities above that discharge to the Assabet River or its tributaries shall meet the requirements of Appendix F part A.V with respect to reduction of phosphorus discharges from their MS4.

c. The MS4s specified below discharge to waters, or tributaries of waters, that have been identified in an adjacent state’s approved TMDL as being impaired due, in part, to MS4 stormwater discharges in Massachusetts, and shall comply with the requirements of Appendix F, part B.

Appendix F identifies, by section, the provisions the permittee shall implement to be consistent with the reasonable assumptions related to Massachusetts MS4 discharges. Alternatively, EPA may notify the permittee that an individual permit application is necessary in accordance with part 1.8.a.

i. The following is a list of municipalities in Massachusetts located in the watershed of Long Island Sound, which has an approved TMDL for nitrogen (Total Nitrogen).

1.

Adams North Adams

Agawam Northampton Amherst Oxford

Ashburnham Palmer

Ashby Paxton Auburn Pelham

Belchertown Pittsfield Charlton Richmond Cheshire Russell Chicopee Rutland

Dalton South Hadley Douglas Southampton Dudley Southbridge

East Longmeadow Southwick Easthampton Spencer

Gardner Springfield Granby Sturbridge Hadley Sutton

Hampden Templeton Hatfield Ware Hinsdale Webster Holyoke West Springfield

Lanesborough Westfield Leicester Westhampton

Lenox Westminster Longmeadow Wilbraham

Ludlow Williamsburg Millbury Winchendon Monson

Permittees that operate regulated MS4s located in the municipalities above that discharge to a water within the Connecticut River Watershed, the Housatonic River Watershed, or the Thames River Watershed shall meet the requirements of Appendix F part B. I with respect to nitrogen discharges from their MS4.

ii. The following is a list of municipalities in Massachusetts identified in a TMDL as containing MS4s contributing phosphorus to waterbody segments that have out of state approved TMDLs for phosphorus:

1.

Attleboro North Attleborough Plainville Rehoboth Seekonk Swansea

Permittees that operate regulated MS4s located in the municipalities above that discharge to a waterbody found on Table F-12 in Appendix F or its tributaries shall meet the requirements of Appendix F part B.