Attachment 5(c) - 16MA Permit.pdf

GENERAL PERMIT FOR DISCHARGES FROM MARINAS

INCLUDING BOAT YARDS AND YACHT BASINS

GENERAL DISCHARGE PERMIT NO. 16MA NPDES PERMIT NO. MDG99

Effective Date: August 1, 2017 Expiration Date: July 31, 2022 Modification Date: September 13, 2017

PART I. PERMIT APPLICABILITY ...................................................................................................... 4�

A.� Geographic Coverage .................................................................................................... 4� B.� Facilities Covered .......................................................................................................... 4� C.� Eligible Discharges ........................................................................................................ 4� D.� Limitations of Coverage of the Permittee........................................................................ 5� E.� Prohibited Stormwater Discharges ................................................................................. 5� F.� No Exposure Certification .............................................................................................. 6� G.� Alternative Permit Coverage .......................................................................................... 6� H.� Continuation of an Expired General Permit .................................................................... 7�

PART II. AUTHORIZATION UNDER THIS PERMIT ............................................................................ 7�

A.� How to Obtain Authorization ........................................................................................... 7� 1.� Notice of Intent (NOI) and Transfer Requests ............................................................. 8� 2.� Permit Fee .................................................................................................................. 9� 3.� Stormwater Pollution Prevention Plan (SWPPP) ......................................................... 9�

B.� Deadline for Coverage ................................................................................................. 10� C.� Required Signatures .................................................................................................... 10� D.� Failure to Notify ............................................................................................................ 11� E.� Additional Notification................................................................................................... 11�

1.� Municipal Separate Storm Sewer System (MS4) ....................................................... 11� 2.� Wastewater Permits Program ................................................................................... 12� 3.� Compliance Program ................................................................................................ 12�

F.� Changes in Permit Coverage ....................................................................................... 12� 1.� Planned Changes ..................................................................................................... 12� 2.� Termination of Permit Coverage ............................................................................... 12�

PART III. EFFLUENT LIMITATIONS AND OTHER CONTROL MEASURE REQUIREMENTS .......... 13�

A.� Process Water Limitations ........................................................................................... 13� 1.� Boat Bottom Wash Water .......................................................................................... 13� 2.� Bilge Water ............................................................................................................... 14� 3.� Dock Washing ........................................................................................................... 15�

B.� Stormwater Control Measures and Alternative Effluent Limits ...................................... 15� C.� Stormwater Pollution Prevention Plan (SWPPP) Requirements ................................... 22�

1.� Stormwater Pollution Prevention Team ..................................................................... 22� 2.� Site Description ......................................................................................................... 22�

2.� Site Description ......................................................................................................... 22� 3.� Summary of Potential Pollutant Sources ................................................................... 23� 4.� Description of Control Measures ............................................................................... 24� 5.� Schedules and Procedures ....................................................................................... 24� 6.� Signature Requirements ........................................................................................... 25� 7.� Required SWPPP Modification .................................................................................. 25� 8.� Documentation Requirements ................................................................................... 26� 9.� Facilities Subject to SARA Title III, Section 313 Requirements ................................. 26�

D.� Responsibility of Permittee with Regards to Facility Users ........................................... 27�

PART IV. CORRECTIVE ACTIONS ................................................................................................... 27�

A.� Conditions Requiring Review and Revision to Eliminate Problems............................... 27� B.� Conditions Requiring Review to Determine if Modifications Are Necessary .................. 28� C.� Corrective Action Deadlines ......................................................................................... 28� D.� Corrective Action Report .............................................................................................. 28� E.� Effect of Corrective Action ............................................................................................ 29� F.� Substantially Identical Outfalls ..................................................................................... 29�

PART V. INSPECTIONS, MONITORING AND REPORTING ............................................................ 29�

A.� Site Inspections and Evaluations ................................................................................. 29� 1.� Routine Facility Inspection ........................................................................................ 29� 2.� Comprehensive Site Compliance Evaluation ............................................................. 29� 3.� Quarterly Visual Inspections ..................................................................................... 30� 4.� Inactive and Unstaffed Sites Exceptions to Routine Facility Inspections ................... 31�

B.� Required Numeric Monitoring ....................................................................................... 31� 1.� Applicability of Monitoring ......................................................................................... 31� 2.� Monitoring Schedule ................................................................................................. 31� 3.� Submitting Discharge Monitoring Reports (DMRs) .................................................... 32� 4.� Substantially Identical Outfalls .................................................................................. 32� 5.� Flow Monitoring......................................................................................................... 33�

C.� Monitoring Procedures ................................................................................................. 33� 1.� Monitored Outfalls ..................................................................................................... 33� 2.� Commingled Discharges ........................................................................................... 33� 3.� Measurable Storm Events ......................................................................................... 33� 4.� Sample Type ............................................................................................................. 34� 5.� Adverse Weather Conditions..................................................................................... 34� 6.� Representative Sampling .......................................................................................... 34� 7.� Monitoring Periods .................................................................................................... 34� 8.� Data Recording Requirements .................................................................................. 35�

D.� Records Retention ....................................................................................................... 35�

PART VI. STANDARD PERMIT CONDITIONS.................................................................................. 35�

A.� Facility Operation and Maintenance ............................................................................. 35� B.� Submitting Additional or Corrected Information ............................................................ 35� C.� Adverse Impact ............................................................................................................ 35� D.� Bypass ......................................................................................................................... 35� E.� Conditions Necessary for Demonstration of an Upset .................................................. 36� F.� Removed Substances .................................................................................................. 36� G.� Right of Entry ............................................................................................................... 36� H.� Availability of Reports ................................................................................................... 36� I.� Permit Modification ...................................................................................................... 37�

J.� Total Maximum Daily Load (TMDL) .............................................................................. 37� K.� Toxic Pollutants ............................................................................................................ 37� L.� Oil and Hazardous Substances Prohibited ................................................................... 37� M.� Civil and Criminal Liability ............................................................................................ 37� N.� Property Rights/Compliance with Other Requirements ................................................. 37� O.� Severability .................................................................................................................. 37� P.� Water Construction and Obstruction ............................................................................ 37� Q.� Compliance with this General Permit and Water Pollution Abatement Statutes ............ 37� R.� Action on Violations ..................................................................................................... 38� S.� Civil Penalties for Violations of Permit Conditions ........................................................ 38� T.� Criminal Penalties for Violations of Permit Conditions .................................................. 38� U.� Duty to Provide Information .......................................................................................... 39� V.� Reopener Clause for Permits ....................................................................................... 39�

PART VII. AUTHORITY TO ISSUE GENERAL NPDES PERMITS ..................................................... 39�

Appendix A � Definitions, Abbreviation, and Acronyms

Appendix B � Quarterly Visual Monitoring Form

PART I. PERMIT APPLICABILITY

By this permit, the Maryland Department of the Environment (the Department) authorizes the discharge of stormwater and certain wastewater from marinas, boat yards, and yacht basins to waters of the State. This authorization is only for operators of facilities located in the State of Maryland, who have submitted a notice of intent (NOI) and received written approval from the Department to discharge in accordance with the eligibility requirements and other conditions in this permit and consistent with your NOI, as on file with the Department. This authorization is pursuant to the provisions of Title 9 of the Environment Article, Annotated Code of Maryland, and the provisions of the Federal Clean Water Act (CWA), 33 U.S.C. §1251 et seq. and implementing regulations in COMAR 26.08.04.09 and 40 CFR Parts 122, 123, 124, and 125.

�You� and �your� are used in this permit to refer to the permittee or the permit applicant, as the context indicates, and that party�s facility or responsibility.

A. Geographic Coverage This permit applies to facilities operating within the State of Maryland.

B. Facilities Covered This permit provides coverage to establishments identified by primary Standard Industrial Classification (SIC) code 4493, which typically rent boat slips, store boats, and generally perform a range of other boating services including cleaning and incidental repair. Facilities with this classification include:

• Marinas

• Boat yards that provide storage and incidental repair

• Boat clubs with marinas

• Sailing clubs with marinas

• Yacht clubs with marinas

Any facility fitting the above category which provides or allows boat maintenance (including boat rehabilitation, mechanical repairs, painting, fueling, and lubrication), or equipment cleaning operations (i.e. pressure washing of boat bottoms) requires a discharge permit for stormwater and associated wastewater. The washing of docks or retail sale of fuel alone at marinas, without any other boat maintenance or equipment cleaning operations, is not grounds for coverage under the Federal/State stormwater permit regulations.

This permit is site-specific and it is up to property owner�s discretion whether they or the persons (i.e. contractors) performing the boat maintenance apply for coverage under the permit.

C. Eligible Discharges The permit covers the following discharges:

1. Non-stormwater discharges:

• Wastewater from boat bottom washing (Part III.A.1).

• Treated collected bilge water (Part III.A.2).

• Dock wash water (Part III. A.3).

• Uncontaminated non-contact cooling water or condensate from machinery including, but not limited to ice machines, coolers, and refrigeration units.

• Water from non-pressurized rinsing of boats without using soaps, cleaning agents, or additives.

• Water used to fight active fires (not from fire system cleaning or testing).

• Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed).

• Landscape watering, only if all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling.

• Routine external building wash down that does not use detergents and any dislodged paint chips are filtered.

• Irrigation drainage.

• Uncontaminated ground water or spring water.

• Foundation or footing drains where flows are not contaminated with process materials.

• Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of your facility, but not intentional discharges from the cooling tower (e.g., “piped” cooling tower blowdown or drains).

2. Industrial stormwater discharges associated with marina maintenance activities to surface water or groundwater for applicable facilities.

D. Limitations of Coverage of the Permittee The following activities or discharges are not eligible for coverage under this permit:

• Stormwater discharges whose National Pollutant Discharge Elimination System (NPDES) permit has been terminated (other than at the request of the permittee) or denied, or those for which the Department requires an individual permit.

• Sanitary wastewater discharges, including commingled sanitary wastewater discharges.

• Wastewater discharges from chemical stripping operations and any stormwater which commingles with such wastewaters.

• In-water washing of boat bottoms painted with soft ablative paints, or paints which create visible plume.

• Removal of any paints while vessel is in water.

• Discharges that contain visible oil sheen, persistent foam, or floating solids.

• Any boat bottom wash water containing soaps or any detergents, regardless of whether they are labeled ‘biodegradable’ or ‘green’.

• Any non-contact cooling water discharge that contains additives may only be authorized by a separate individual NPDES permit.

E. Prohibited Stormwater Discharges If you are covered under this permit, a stormwater discharge to waters of the State that contributes to a violation of a water quality standard is a permit violation and subject to corrective actions (see Part IV.)

F. No Exposure Certification If you are eligible for coverage by this permit, but do not discharge process water (as per Section III.A.) and meet the requirements for a no-exposure exclusion from permitting under 40 CFR 122.26(g), you may file a No Exposure Certification. Upon written notice from the Department that you have met the requirements, you are no longer required to have a permit.

• To qualify for this certification, you must first verify that there is no process water discharge, and no potential for the stormwater discharged from your facility to waters of the State to be exposed to pollutants in accordance with the criteria established by the Department on form �No Exposure Certification� found on MDE�s website at http://9nl.at/MD-NEC-MA.

• You shall also obtain written certification by either a Professional Engineer, a Certified Professional in Storm Water Quality (CPSWQ), a Registered Architect, or a Landscape Architect that you meet the requirements of no exposure.

• In lieu of the written certification described above, you may submit verification from the Department of Natural Resources that your facility meets �No Exposure Certification� requirement under the Clean Marina Program. The �Clean Marina� status must be continuously maintained for the entire term of the No Exposure Certification. If your �Clean Marina� status is revoked during this term, you must notify the Department immediately, at which time you will be required to have alternate certification or permit coverage.

• If you qualify, you may apply for certification by submitting the completed and appropriately signed form to the Department, along with the required written certification according to the deadlines of this permit (Part II.B).

• The exemption is non-transferable and is only valid while this permit is in effect at which point a new exemption is required. However, you must submit a No Exposure Certification to the Department at least once every five years.

• You must notify the Municipal Separate Storm Sewer System (MS4) if your facility is exempted from obtaining an NPDES permit for stormwater associated with industrial activity.

G. Alternative Permit Coverage The Department may require you to obtain, or you may also request, an individual permit or coverage under another general permit as described below, even though you may be eligible for coverage under this permit. If the Department requires you to apply for and obtain an alternative permit and you do not apply as required, the Department may terminate your coverage under this permit. This termination is effective at the end of the day that the Department specified for the application or Notice of Intent (NOI) to be submitted, after which you must cease discharges that were covered by this permit.

A. If the Department determines that the discharge may cause water quality standards to be exceeded in the receiving water, then the Department may require you to take additional actions. You may be required to obtain an individual NPDES discharge permit or coverage under another general permit. The Department may process an NOI as an application for an individual permit if site specific conditions do not allow the facility to be covered under the general permit without compromising water quality. This could occur if, for example, a permittee proposes to discharge to impaired waters, with or without an existing Total Daily Maximum Load (TMDL), or for discharges to high quality waters.

B. You may request to be excluded from coverage under this permit by applying for an individual State NPDES discharge permit or submitting an NOI for coverage under another general permit. The Department may grant your request if it is determined your reasons are adequate. If you are issued an individual NPDES permit, the Department may terminate your coverage under this permit.

C. If the Department issues an industry specific general permit addressing stormwater or wastewater discharges from your industrial activity, you may need to apply for coverage under that permit.

D. Some additional permits which are commonly applicable to marinas may include:

a) General Discharge Permit for Swimming Pools and Spas (General Permit No. 12 SI or replacement) authorizing of overflow, drainage, filter backwash, and cleaning water from any public or private pool or spa, including baptismal fonts to ground or surface waters.

b) Oil Operations Permit for Underground storage tank or above ground tank (for fuel, lubricants or used oil).

c) Pump-out Discharges for Marinas with 50 or more slips berthing any boats over 22 feet, and new or expanding marinas with more than 10 slips that must have pumpouts (contact DNR or the local Health Department to find out how to apply for pumpouts installation authorizations).

d) All dredging, filling, or construction activities require a tidal wetlands license and the permittee must contact the Department�s Tidal Wetlands program prior to performing any of these activities.

H. Continuation of an Expired General Permit Unless your permit or authorization is revoked or terminated by the Department, the terms and conditions of this permit and its authorized dischargers are automatically continued and remain fully effective and enforceable upon expiration of this permit until the date(s) specified under a reissued general permit.

PART II. AUTHORIZATION UNDER THIS PERMIT

A. How to Obtain Authorization If you are eligible for coverage under this permit, per Part I, to obtain authorization you must:

• Select, design, install, and implement control measures in accordance with Part III to meet numeric and non-numeric effluent limits;

• Submit a complete and accurate Notice of Intent (NOI) or Permit Transfer Request with Permit Fee as indicated below; and

• Develop and submit to the Department a Stormwater Pollution Prevention Plan (SWPPP) according to the requirements in Part III.C of this permit.

Based on a review of your NOI or Transfer Request, the Department may delay your authorization for further review, notify you that additional effluent limitations are necessary, or deny coverage under this permit and require submission of an application for an individual NPDES permit. In these instances, the Department will notify you in writing of the delay, the need for additional effluent limits, or of the request for submission of an individual NPDES permit application or alternative general permit NOI.

1. Notice of Intent (NOI) and Transfer Requests

a) Notice of Intent (NOI) You must complete all information required on this permit�s corresponding NOI form, found on MDE�s website at http://9nl.at/MD-MAGP, or an equivalent electronic form provided by the Department. Detailed instructions are included on the NOI form. If you operate multiple facilities, you must submit an NOI for each noncontiguous site.

The completed and signed copy of the NOI should be sent to the following address:

Maryland Department of the Environment P. O. Box 2057

Baltimore, MD 21203-2057

You are required to provide the following information on the appropriate form:

• Facility Operator information including your name, mailing address, email address, telephone number, IRS Employer Identification Number (EIN) and Worker�s Compensation Insurance company and policy.

• Facility information, including the facility location (physical address and coordinates in degrees decimal) and verification if this is a new discharger or any preexisting NPDES permit number for stormwater coverage.

• Methods of boat access to water (i.e. ramp or lift).

• Receiving water body(ies) 8-digit watershed identifier for your discharge.

• Facility map which illustrates where maintenance activities are performed and wastewater is generated (include references such as buildings, roads and receiving water).

• Identification of specific maintenance activities performed in exposed (non-enclosed) areas.

• Discharge type and flow (expressed in gallons per day) for each outfall (discharge point) and describe each outfall and monitoring point.

• Name of the person preparing the Stormwater Pollution Prevention Plan (SWPPP), including email and phone number, along with how you have provided the SWPPP to the Department.

• Declaration that you are not using soaps, detergents, or chemical additives that may pollute the waste stream from the facility.

• Number of slips and corresponding permit fee.

• Signatory name, title and contact information and space for the actual signature.

Provide the NOI preparer information, including phone number and email address.

b) Transfer of Authorization For transfer of ownership, you can complete the Permit Transfer Request Form for General NPDES Permits found on MDE�s website at http://9nl.at/MD-MAGP.

Detailed instructions are included with the form. If you operate multiple facilities, you must submit a Transfer Request form for each noncontiguous site. The authorization under this permit is not transferable to any person, except in accordance with this section. Authorization to discharge under this permit may be transferred to another person if:

• Written agreement, indicating the specific date of the proposed transfer of permit coverage and acknowledging the responsibilities of the current and new permittee for compliance with the terms and conditions of this permit, is submitted to the Department;

• Current permittee notifies the Department in writing of the proposed transfer;

• The new permittee either confirms in writing that the type of discharge, number of outfalls, and other information given on the original NOI remain correct or updates this information;

• The new permittee confirms in writing that either they will follow the existing stormwater pollution prevention plan or that they have developed a new plan in which case they must submit it to the Department;

• Neither the current permittee nor the new permittee receives notification from the Department, within 30 days of receipt of items above, of the intent to terminate coverage under this permit.

2. Permit Fee

a) You must submit the permit fee to the Department with the completed NOI for the fee amount in effect at the time that the payment is due as specified in COMAR 26.08.04.09-1(I). Facilities owned and/or operated by local and state governments are not required to pay fee.

b) Make the fee payable to the Maryland Department of the Environment and send it together with the completed NOI to:

Maryland Department of the Environment P.O. Box 2057

Baltimore, MD 21203-2057

c) If you pay the fee by a check that does not clear for any reason, you will have 30 calendar days to make proper payment, including any interest and other charges. If payment is not received by the 31st calendar day, your coverage under this permit must be considered void from the outset. You should save the cancelled check, a copy of the completed NOI, and the letter confirming your authorization from the Department. These documents must be provided to the Department upon request.

d) A new owner of a facility as a result of a transfer of ownership is responsible for any fees unpaid by the former owner.

e) Any permittee making changes in number of slips that may alter fees is required to give notice as described in Part II.F.

3. Stormwater Pollution Prevention Plan (SWPPP)

Instructions for the proper formatting and submission of your SWPPP are provided below:

• You should not include any confidential information in your submitted SWPPP, which will be a public document available for review by the public.

• You must submit an electronic copy of the SWPPP to the Department and have a hard copy available onsite. Your electronic copy (PDF, JPEG, or Word) of the SWPPP must be provided to the Department by one of these methods:

- Including a file on electronic media (CD, DVD, USB drive, or other approved media) along with your mailed copy of the NOI.

- Emailing the file to swppp.permit@maryland.gov at same time you are sending your NOI to the Department. The email cannot exceed 25 MB, so you may need to use more than one email to deliver the entire file. The email subject line should include �16MA�, your previous registration number (if you did have previous coverage under 10MA), and your facility name.

- Posting a copy of the SWPPP using your NetDMR account at the same time you are sending your NOI to the Department.

- Providing the Department a link (URL) to your document on your NOI, which provides access to your SWPPP on a publicly available company website.

- Other electronic means that you make accessible to the Department, such as a link to DropBox, Google Drive, SkyDrive, etc.

B. Deadline for Coverage If activities at your site require coverage, you will be in violation of state and federal requirements to obtain a permit and subject to enforcement action by the Department if you fail to submit a i) NOI, SWPPP, and fee payment, or ii) No Exposure Certification, or iii) transfer request in a timely manner as provided in the following table. Late NOIs will be accepted, but authorization to discharge will not be retroactive.

Category Coverage Submittal Deadline Existing Dischargers � in operation as of the effective date of this permit and previously authorized for coverage under 10-MA.

Within 90 days after the effective date of this permit. Authorization to discharge under 10-MA continues in the interim.

New Dischargers or New Sources. A minimum of 60 days prior to commencing discharge.

New Owner/Operator of Existing Discharger -transfer of ownership and/or operation of a facility whose discharge is authorized under this permit.

A minimum of 30 days prior to date that the transfer will take place to the new owner/operator.

Other Eligible Dischargers � in operation prior to permit effective date, but not covered under the 10-MA or another NPDES permit.

Immediately, to minimize the time discharges from the facility will continue to be unauthorized.

C. Required Signatures

1. Certification

Any person signing documents in accordance with Parts II.C.2 and II.C.3 below must include the following certification:

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

2. All applications, including NOIs, transfer requests, and No Exposure Certifications must be signed by a Signatory as follows:

a) For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

i.) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or ii.) the manager of one or more properties belonging to the owner, provided the manager is authorized to make management decisions which govern the operation of the regulated facility having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b) For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or

c) For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:

i.) the chief executive officer of the agency; or ii.) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of the

EPA).

3. Your SWPPP, including changes to your SWPPP to document any corrective actions taken as required by Part IV, and all reports submitted to the Department, must be signed by a person described in Part II.C.2 above or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a) the authorization is made in writing by a Signatory;

b) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of facility manager, operator, superintendent, or a position of equivalent responsibility or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position.); and

c) the signed and dated written authorization is included in the SWPPP and made available to the Department upon request.

4. If an authorization for a representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II.C.2 must be submitted to the Department prior to submitting or with any reports, information or applications that must be signed by a duly authorized representative.

D. Failure to Notify If you (1) engage in an activity covered under this permit, (2) fail to notify the Department of your intent (Part II.A) to be covered under this permit within the deadlines established in this permit (Part II.B), and (3) discharge to waters of the State without an individual NPDES discharge permit, then you are in violation of the Federal Clean Water Act and of the Environment Article, Annotated Code of Maryland, and may be subject to penalties.

E. Additional Notification

1. Municipal Separate Storm Sewer System (MS4)

If stormwater from your facility discharges into a Municipal Separate Storm Sewer System (MS4), you must notify the MS4 that you are registered under this permit if the system is regulated by a NPDES permit. If the MS4 notifies you of additional requirements that you must meet to discharge into that system, then you must comply with those requirements to stay eligible for this permit.

2. Wastewater Permits Program

When directed to contact the Department�s Wastewater Permits Program, use the following address and phone number:

Maryland Department of the Environment Wastewater Permits Program

1800 Washington Blvd, Suite 455 Baltimore, MD 21230 Phone: 410-537-3323

3. Compliance Program

When directed to contact the Department�s Compliance Program, use the following address and phone number:

Maryland Department of the Environment Compliance Program

1800 Washington Blvd., Suite 425 Baltimore, MD 21230 Phone: 410-537-3510

F. Changes in Permit Coverage Certain planned changes in storm and/or process water discharges or termination of permit coverage, described below in this section, require notification to the Department�s Wastewater Permits Program (Part II.E.2):

1. Planned Changes

You must give written notice to the Department (Part II.E.2) as soon as possible of any planned physical alterations or additions to the permitted facility, whereas:

a) the alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b); or

b) the alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or

c) the alteration either adds or removes outfalls subject to this permit; or

d) the alteration either adds or removes process water which requires changes in monitoring or reporting.

2. Termination of Permit Coverage

a) Submit a Notice of Termination To terminate permit coverage, you must submit a complete and accurate Notice of Termination (NOT), found on MDE�s website at http://9nl.at/MD-MAGP, to the Department�s Wastewater Permits Program (Part II.E.2). Your authorization to discharge under this permit terminates at midnight of the day that a complete Notice of Termination is processed and acknowledged by the Department. If you submit a Notice of Termination without meeting one or more of the conditions identified in Part II.F.2.b. below, then your Notice of Termination is not valid. You are responsible for meeting the terms of this permit until your authorization is terminated.

b) When to Submit a Notice of Termination You must submit a Notice of Termination within 30 days after one or more of the following conditions have been met:

i.) All operations at your facility have permanently ceased and there will be no further exposure of stormwater to any industrial activity, process, material, or transport at the facility; or ii.) You move your operation to a new location (After submitting an NOT you must then apply for coverage at the new location per Part II.); or iii.) A new owner or operator has taken over responsibility for the facility; or iv.) You have obtained coverage under an individual or alternative general permit for all discharges required to be covered by an NPDES permit.

c) The Department may terminate your coverage under this general permit upon any finding of good cause.

PART III. EFFLUENT LIMITATIONS AND OTHER CONTROL

MEASURE REQUIREMENTS

A. Process Water Limitations The following limits (numeric and narrative) apply to process waters which are eligible under this permit (boat bottom wash water, bilge water and dock washing wash water)

1. Boat Bottom Wash Water

The following limits apply to boat bottom wash water discharged to surface or ground waters.

a) Numeric Limitations

All wastewater generated from boat bottom washing activities shall be captured and directed to one or more locations for treatment. The quality of wastewater is subject to the limitations and monitoring frequency as described in the table below and shall be reported as per Part VI of this permit. The permittee shall identify monitoring points and outfall locations on the first discharge monitoring report submitted to the Department.

PARAMETER

QUALITY OR

CONCENTRATION

FREQUENCY

SAMPLE

TYPE

MAXIMUM UNITS

Total Suspended Solids (TSS) (1) 50 mg/L 4/year Grab

Oil & Grease (1) 15 mg/L 4/year Grab

Copper (2) 0.06 mg/L 2/season Grab

Zinc (2) 0.81 mg/L 2/season Grab

Lead (2) 0.08 mg/L 2/season Grab

Flow (3) Report gpd Monthly Estimated

(1) Suspended solids and oil & grease shall be sampled twice during the main washing season (September � December), and twice during the spring/summer season for a total of four times a year.

(2) Metals shall be sampled twice during the main washing season (September � December).

(3) Flow shall be estimated and recorded on a monthly basis.

b) Narrative Criteria

• Washing of boat bottoms painted with antifoulants must be performed in a dedicated area. This dedicated area must be on land as in-water or overwater cleaning of boat bottoms is not covered under this permit.

• All solids removed from the wastewater shall be disposed of properly by a licensed operator.

• Discharges may not contain any Aquatic Nuisance Species (ANS). Any collected ANS should be reported and handled per Maryland�s Department of Natural Resources Invasive Species Resource Center requirements (http://dnr.maryland.gov/invasives/Pages/default.aspx).

• If a facility is connected to a closed loop system or sanitary sewer, the permittee shall maintain at the facility the photos of the system which illustrate how it works and what it is connected to (if applicable); an as-built schematic or design drawing; and if wastewater is held in tanks for offsite disposal a copy of the agreement with the licensed hauler or local utility (for offsite disposal or discharge to sanitary sewer). These materials shall be updated as necessary and available onsite for the life of the permit.

• If the facility allows divers, the slip owners must use diver contractors which abide by the best management practices of the Maryland Department of the Natural Resources - Clean Marina Initiative. The divers must certify in writing they perform maintenance of boats under these best management practices. No in-water removal of paints is allowed. (Resources for Professional Divers:

http://dnr2.maryland.gov/boating/Documents/MDcleandiverpledge.pdf).

2. Bilge Water

a) Numeric Limitations This permit does not require the collection of bilge water. However, if bilge water is collected from a vessel in order to prevent the discharge from entering into waters of the State, it must be treated prior to discharge into ground or surface waters of the State. The quality of wastewater is subject to the limitations and monitoring frequency as described in the table below and shall be reported as per Part VI of this permit The permittee shall identify monitoring points and outfall locations on the first discharge monitoring report submitted to the Department.

PARAMETER

QUALITY OR CONCENTRATION

FREQUENCY

OF

ANALYSIS

SAMPLE

TYPE MONTHLY

AVERAGE

DAILY

MAXIMUM

UNITS

Oil & Grease 10 15 mg/L 1/Month Grab

Flow Report gpd 1/Month Estimated

b) Narrative Criteria

• Bilge water discharges shall not cause any visible sheen in waters of the State.

• Bilge waters containing solvents, detergents, emulsifying agents, soaps, or dispersants shall not be discharged to waters of the State.

• Wastewater from minor cleaning of engines or oily parts may be discharged (in accordance with this Part).

• Discharges may not contain any Aquatic Nuisance Species (ANS). Any collected

ANS must be reported and handled per Maryland�s Department of Natural Resources Invasive Species Resource Center requirements (http://dnr2.maryland.gov/invasives/Pages/default.aspx).

3. Dock Washing

The following Narrative Limits apply to discharges from dock washing:

• Soaps, cleaning agents, or additives should not be used. Reasonable care should be taken before washing (i.e. solids swept up or otherwise removed, or grime spot cleaned with towels or rags, etc.) to minimize pollution discharged. Discharges shall not contain floating solids or cause a visible oil sheen, persistent foam or persistent visible plume.

• Discharges in excess of 350 gallons per pier per day shall not contain chlorine or chlorine-containing compounds (per COMAR 26.08.03.06) except in non-detectable levels. Dechlorination may be accomplished by: i.) available dechlorination methods readily available for in-line use with a hose, ii.) chemical addition; iii.) absorption onto activated carbon; iv.) control of discharge rates or holding of the effluent so that chlorine residuals are reduced to the non-detectable level; or v.) any other method approved in advance by the Department.

B. Stormwater Control Measures and Alternative Effluent Limits In the technology-based limits included in Part III.B.1, the term �minimize� means reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practice.

1. Control Measures Considering the control measure selection and design considerations, you must select, design, install, and implement control measures (including best management practices) to meet the non-numeric effluent limits, as described below. The selection, design, installation, and implementation of these control measures must be in accordance with good engineering practices and manufacturer�s specifications. Note that you may deviate from such manufacturer�s specifications where you provide justification for such deviation and include documentation of your rationale in the part of your SWPPP that describes your control measures. If you find that your control measures are not achieving their intended effect of minimizing pollutant discharges, you must modify these control measures as expeditiously as practicable. Regulated stormwater discharges from your facility include stormwater run-on that commingles with stormwater discharges associated with industrial activity at your facility.

a) Control Measure Selection and Design Considerations

You must consider the following when selecting and designing control measures:

i.) Preventing stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from stormwater;

ii.) Using control measures in combination is more effective than using control measures in isolation for minimizing pollutants in your stormwater discharge;

iii.) Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures that will achieve the limits in this permit;

iv.) Minimizing impervious areas at your facility and infiltrating runoff onsite (including bioretention cells, green roofs, and pervious pavement, among other approaches) can reduce runoff and improve groundwater recharge and stream base flows in local streams, although care must be taken to avoid ground water contamination;

v.) Attenuating flow using open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows;

vi.) Conserving and/or restoring riparian buffers will help protect streams from stormwater runoff and improve water quality; and vii.) Using treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.

b) Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT) i.) Minimize Exposure. You must minimize the exposure of manufacturing, processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance, and fueling operations) to rain, snow, snowmelt, and runoff by either locating these industrial materials and activities inside or protecting them with storm resistant coverings (although significant enlargement of impervious surface area is not recommended). You must store solid chemical products, chemical solutions, paints, oils, solvents, acids, caustic solutions and waste materials under cover on an impervious surface. In minimizing exposure, you should pay particular attention to the following:

• Use grading, berming, or curbing to prevent runoff of contaminated flows and divert run-on away from these areas;

• Locate materials, equipment, and activities so that leaks are contained in existing containment and diversion systems (confine the storage of leaky or leak-prone vehicles and equipment awaiting maintenance to protected areas);

• Clean up spills and leaks promptly using dry methods (e.g., absorbents) to prevent the discharge of pollutants;

• Use drip pans and absorbents under or around leaky vehicles and equipment or store indoors where feasible;

• Use spill/overflow protection equipment;

• Drain fluids from equipment and vehicles prior to onsite storage or disposal;

• Perform all cleaning operations indoors, under cover, or in bermed areas that prevent runoff and run-on and also that capture any overspray; and

• Ensure that all washwater drains to a proper collection system (i.e., not the stormwater drainage system).

Note: The discharge of vehicle (other than boats) and equipment washwater, including tank cleaning operations, is not authorized by this permit. These wastewaters must be covered under a separate NPDES permit, discharged to a sanitary sewer in accordance with applicable industrial pretreatment requirements, or disposed of otherwise in accordance with applicable law.

Note: Industrial materials do not need to be enclosed or covered if stormwater runoff from affected areas will not be discharged to receiving waters or if discharges are authorized under another NPDES permit.

ii.) Good Housekeeping. You must keep clean all exposed areas that are potential sources of pollutants, using such measures as sweeping at regular intervals, keeping materials orderly and labeled, and storing materials in appropriate containers. A good practice for ensuring housekeeping activities are performed at regular intervals would be keeping a schedule for routine grounds maintenance and cleanup.

iii.) Maintenance. You must regularly inspect, test, maintain, and repair all industrial equipment and systems to avoid situations that may result in leaks, spills, and other releases of pollutants in stormwater discharged to receiving waters.