Attachment 5(d) - 12_SW_CompleteFinalPermit.pdf

MARYLAND DEPARTMENT OF THE ENVIRONMENT

1800 Washington Boulevard Baltimore Maryland 21230

(410) 537-3000 1-800-633-6101 http://www.mde.maryland.gov

GENERAL PERMIT FOR DISCHARGES FROM

STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES

DISCHARGE PERMIT NO. 12-SW NPDES PERMIT NO. MDR0000

Effective Date: January 1, 2014 Expiration Date: December 31, 2018

PART I. APPLICABILITY

A. GEOGRAPHIC COVERAGE

B. FACILITIES COVERED

C. LIMITATIONS ON COVERAGE

D. PROHIBITED STORMWATER DISCHARGES

E. ELIGIBLE DISCHARGES

F. NO EXPOSURE CERTIFICATION

G. ALTERNATIVE PERMIT COVERAGE

H. CONTINUATION OF AN EXPIRED GENERAL PERMIT

PART II. AUTHORIZATION UNDER THIS PERMIT

A. HOW TO OBTAIN AUTHORIZATION

B. DEADLINES FOR COVERAGE

C. REQUIRED SIGNATURES

D. FAILURE TO NOTIFY

E. ADDITIONAL NOTIFICATION

F. CHANGES IN PERMIT COVERAGE

PART III. STORMWATER MANAGEMENT REQUIREMENTS

A. CHESAPEAKE BAY RESTORATION REQUIREMENTS

B. CONTROL MEASURES AND EFFLUENT LIMITS

C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) REQUIREMENTS

D. ADDITIONAL REQUIREMENTS FOR FACILITIES SUBJECT TO SARA TITLE III, SECTION 313 REQUIREMENTS

PART IV. CORRECTIVE ACTIONS

A. CONDITIONS REQUIRING REVIEW AND REVISION TO ELIMINATE PROBLEM

B. CONDITIONS REQUIRING REVIEW TO DETERMINE IF MODIFICATIONS ARE NECESSARY

C. CORRECTIVE ACTION DEADLINES

D. CORRECTIVE ACTION REPORT

E. EFFECT OF CORRECTIVE ACTION

F. SUBSTANTIALLY IDENTICAL OUTFALLS

PART V. INSPECTIONS, MONITORING, AND REPORTING

A. SITE INSPECTIONS AND EVALUATIONS

B. INDUSTRY SPECIFIC BENCHMARKS MONITORING REQUIREMENTS

C. MONITORING PROCEDURES

D. HAZARDOUS SUBSTANCES OR OIL IN STORMWATER DISCHARGE(S) REPORTING

E. RECORDS RETENTION

PART VI. STANDARD PERMIT CONDITIONS

A. COMPLIANCE WITH THIS GENERAL PERMIT AND WATER POLLUTION ABATEMENT STATUTES

B. CIVIL AND CRIMINAL LIABILITY

C. ACTION ON VIOLATIONS

D. CIVIL PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS

E. CRIMINAL PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS

F. PENALTIES FOR FALSIFICATION AND TAMPERING

G. RIGHT OF ENTRY

H. PROPERTY RIGHTS/COMPLIANCE WITH OTHER REQUIREMENTS

I. DUTY TO PROVIDE INFORMATION

J. SUBMITTING ADDITIONAL OR CORRECTED INFORMATION

K. AVAILABILITY OF REPORTS

L. REMOVED SUBSTANCES

M. FACILITY OPERATION AND MAINTENANCE

N. TOXIC POLLUTANTS

O. OIL AND HAZARDOUS SUBSTANCES PROHIBITED

P. WATER CONSTRUCTION AND OBSTRUCTION

Q. PERMIT MODIFICATION

R. TOTAL MAXIMUM DAILY LOAD (TMDL)

S. SEVERABILITY

PART VII. AUTHORITY TO ISSUE GENERAL NPDES PERMITS

APPENDICIES

Appendix A – Industry Sectors........................................................................................................................ A-1

Appendix B – Quarterly Visual Monitoring....................................................................................................... B-1

Appendix C – Calculating Hardness in Receiving Water for Hardness Dependent Metals..............................C-1

Appendix D – Sector-Specific Requirements for Industrial Activity................................................................. D-1

Appendix E – Definitions and Acronyms......................................................................................................... E-1

Appendix F – Nutrient Reduction Progress Report………………………………………………….……………… F-1

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR0000) Page 1 of 34

You are only permitted to discharge under this permit after notifying and getting approval from the Department.

PART I. APPLICABILITY

By this permit the Maryland Department of the Environment (the Department) authorizes the discharge of stormwater associated with industrial activity to waters of the state. This authorization is only for operators 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 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 responsibilities.

A. Geographic Coverage

This permit applies to facilities operating within the state of Maryland.

B. Facilities Covered

To be eligible to discharge under this permit you must either (1) have been covered under previous permit 02-SW or (2) have a stormwater discharge associated with industrial activity, as defined in

Appendix E, from a primary industrial activity included in Appendix A or (3) be notified by the

Department that you are eligible for coverage under Sector AD: Non-Classified Facilities, as defined in Appendix A or (4) be notified by the Department that you are eligible for coverage as described in

Part I.E.4.

C. Limitations on Coverage

The following stormwater discharges are not eligible for coverage under this permit. Additional limitations on coverage for each sector covered under this permit are listed in Appendix D. You must determine which sector(s) your industrial activities are defined as in Appendix A to determine which additional limitations from Appendix D apply.

1. Stormwater discharges associated with construction activity, as defined in Appendix E and 40

CFR 122.26;

2. Stormwater discharges subject to effluent limitations guidelines (see Part I.G.2);

3. Stormwater discharges that are mixed with non-stormwater, other than those non-stormwater discharges listed in Part I.E.3;

4. Stormwater discharges containing the following toxic pollutants, which are limited by effluent standards in 40 CFR Subchapter D Part 129: Aldrin/Dieldrin, DDT, Endrin, Toxaphene, Benzidine, or Polychlorinated Biphenyls (PCBs);

5. Stormwater discharges for which a National Pollutant Discharge Elimination System (NPDES) permit has been terminated (other than at your request) or denied, or those for which the

Department requires an individual permit to address stormwater discharges or an alternative general permit (Part I.G.2.b);

6. New discharger discharging to water quality “impaired waters,” as defined in Appendix E, are not eligible for coverage under this permit unless you:

a. prevent all exposure to stormwater of the pollutant(s) for which the waterbody is impaired, and retain documentation of procedures taken to prevent exposure onsite with your SWPPP;

or

b. document that the pollutant(s) for which the waterbody is impaired is not present at your site, MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 2 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

and retain documentation of this finding with your SWPPP; or

c. in advance of submitting your NOI, provide to the Department data to support a showing that the discharge is not expected to cause or contribute to an exceedance of a water quality standard, and retain such data onsite with your SWPPP. To do this, you must provide data and other technical information to the Department sufficient to demonstrate:

i.) For discharges to waters without a EPA approved or established TMDL, that the discharge of the pollutant for which the water is impaired will meet in-stream water quality criteria at the point of discharge to the waterbody; or ii.) For discharges to waters with an EPA approved or established TMDL, that there are sufficient remaining wasteload allocations in an EPA approved or established TMDL to allow your discharge and that existing dischargers to the waterbody are subject to compliance schedules designed to bring the waterbody into attainment with water quality standards.

You are eligible to discharge to impaired waters if you receive an affirmative determination from the Department that your discharge will not contribute to the existing impairment, in which case you must maintain such determination onsite with your SWPPP.

D. 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).

E. Eligible Discharges

Unless otherwise ineligible under Part I.C, the following discharges may be covered under this permit:

1. Stormwater discharges associated with industrial activity for any primary industrial activities and co-located industrial activities if that activity is listed in Appendix A, or discharges previously covered under permit 02-SW;

2. Industrial stormwater discharges per the Department's discretion under Sector AD in Appendix A, which includes established Sector AD.a and Sector AD.b, or on a site specific basis as determined by the Department;

3. Non-stormwater discharges from:

a. water used to fight active fires (not from fire system cleaning or testing),

b. 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);

c. landscape watering, only if all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling;

d. routine external building wash down that does not use detergents and any dislodged paint chips are filtered;

e. uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;

f. irrigation drainage;

g. uncontaminated ground water or spring water;

h. foundation or footing drains where flows are not contaminated with process materials; and

i. 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).

4. Stormwater discharges under a separate individual or general permit (except MS4) may also

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 3 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

obtain limited coverage under this permit specific to Part III.A "Chesapeake Bay Restoration

Requirements" in lieu of the Department modifying or issuing a separate permit that would otherwise implement requirements equivalent to those in Part.III.A.

F. No Exposure Certification

If you are eligible for coverage by this permit, 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 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 MDE/WMA/PER.067 (found on MDE’s website at http://www.mde.state.md.us/ or at the link http://bit.ly/MDE_NEC).

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.

If you qualify, you will submit 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. This exemption does not preclude the MS4 authority from imposing requirements for restoration of impervious surfaces at the facility.

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.

1. If the Department determines that a 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.

2. If any stormwater discharges at your facility are subject to effluent limitations guidelines or new source performance standards under 40 CFR Subchapter N, then you must apply for an individual NPDES permit or coverage under an industry-specific general permit for those stormwater discharges. This permit may cover parts of your facilities not covered by effluent limitation guidelines or new source performance standards.

a. Certain stormwater discharges from the following industries are subject to effluent limitation guidelines and are therefore not covered by this permit:

40 CFR 411 – Cement Manufacturing 40 CFR 418 – Fertilizer Manufacturing

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 4 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

40 CFR 419 – Petroleum Refining 40 CFR 423 – Steam Electric Power

Generating

40 CFR 429 – Timber Products Processing 40 CFR 440 – Ore Mining and Dressing

40 CFR 443 – Paving and Roofing

Material (tars & asphalt)

40 CFR 445 – Landfills

For a complete list of current effluent guidelines by industry, see the indicated 40 CFR part on the Environmental Protection Agency’s (EPA) website for Industrial Regulations

(http://www.epa.gov/waterscience/guide/industry.html). If your industry is included in this list then you should review the applicable 40 CFR part to determine if you are subject to effluent limitation guidelines for stormwater.

b. If the Department has issued an industry-specific general permit addressing stormwater and wastewater discharges from your industrial activity, you should apply for coverage (including stormwater) under that permit. Currently, those specific permits are:

i.) General Discharge Permit For Discharges from Mineral Quarries, Borrow Pits, and

Concrete and Asphalt Plants: (General Permit No. 10-MM or replacement), ii.) General Permit for Discharges from Surface Coal Mines and Related Facilities: (General

Discharge Permit No. 06-CM or replacement), iii.) General Permit for Discharges from Marinas including Boat Yards and Yacht Basins

(Maryland General Permit No. 10-MA or replacement), and iv.) General Discharge Permit for Animal Feeding Operations (General Permit No. 09-

AF/MDG01 or replacement).

3. You may request to be excluded from coverage under this permit by applying for an individual state or NPDES discharge permit or submitting an NOI for coverage under another general permit. The Department may grant your request if the Department determines your reasons are adequate. If you are issued an individual NPDES permit or apply for coverage under an industry-specific general permit, the Department may terminate your coverage under this permit.

H. Continuation of an Expired General Permit

Unless your permit or authorization is revoked or terminated by the Department, or you are required to and fail to provide control measure verification (Part III.A.3.b), 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.A and Part III.B 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 and, where applicable, Part III.A.2 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, of the need for additional effluent limits, or of the request for submission of an individual NPDES permit application.

http://www.epa.gov/waterscience/guide/industry.html

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 5 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

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 (MDE-

WMA-PER004), 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.

You are required to provide the following information on the appropriate NOI form.

Facility Operator Information including your name, mailing address, email address, telephone number, IRS Employer Identification Number (EIN) and Worker’s Comp

Insurance company and policy.

Facility Information including the facility location, including physical address and coordinates in degrees decimal; the primary and any subsequent co-located Standard

Industrial Classification (SIC) codes relevant to this permit, verification if this is a new discharger or if there is any preexisting NPDES permit number for stormwater coverage, the total acres of property at that address and whether the facility is presently inactive and unstaffed.

Information on the receiving waters of the industrial stormwater. Identify the receiving water body(s) and 8 digit identifier for your discharges, including whether they qualify as high quality Tier 2, and identification of any impairments. Specify the MS4 jurisdiction you operate in.

Identify who has prepared the Stormwater Pollution Prevention Plan (SWPPP), including email and phone number, along with how you have provided the SWPPP to the

Department.

Identify if your facility is subject to the Chesapeake Bay Restoration requirements, quantifying the total impervious surface area (square feet), the untreated impervious surface area (in square feet) and the impervious surface area subject to 20% restoration requirement (in acres).

Identify which industry sector benchmarks apply to the operation.

Selection of either annual payments, or an upfront payment for 5 years and annual payments thereafter, or if you are exempt.

Provide the 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 referred to as MDE/WMA/PER.079 found on the Department’s website or at http://bit.ly/MDE_Transfer_Request. Detailed instructions are included with the form. If you operate multiple facilities you must submit a Transfer Request 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:

The current permittee notifies the Department in writing of the proposed transfer.

A 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.

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.

http://bit.ly/MDE_Transfer_Request

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 6 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

Neither the current permittee nor the new permittee receives notification from the

Department, within 30 days of receipt of items above, of intent to terminate coverage under this permit.

2. Permit Fee

a. You must submit the initial permit fee to the Department with the NOI form for the fee in effect at the time that the payment is due as specified in COMAR 26.08.04.09-1(C)(1)(a).

b. Make the initial 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 NOI 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.

3. SWPPP

Proper formats for submitting your SWPPP are provided below.

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

b. 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.

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

ii.) Emailing the file to swppp.permit@maryland.gov when you send your NOI to the

Department. The email cannot exceed 25 MB and so you may need to use more than one email to deliver the entire file. The email subject line should include “12SW”, your previous registration number (if you did have previous coverage under 02SW) and your facility name.

iii.) Posting a copy of the SWPPP using your NetDMR account when you send your NOI to the Department.

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

v.) Other electronic means that you make accessible to the Department such as a link to

DropBox, Google Drive, SkyDrive, etc.

B. Deadlines for 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) No Exposure Certification, or ii) an

NOI, SWPPP and fee payment 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

Jan 2014 and previously authorized for coverage under 02-SW, that are not

Within 6 months after the effective date of this permit. Authorization to discharge under 02-SW continues in the interim.

mailto:swppp.permit@maryland.gov

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 7 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

subject to Chesapeake Bay Restoration

Requirements (Part III.A).

Existing Dischargers – in operation as of

Jan 2014 and previously authorized for coverage under 02-SW that are subject to

Chesapeake Bay Restoration

Requirements (Part III.A).

Within 1 year after the effective date of this permit. Authorization to discharge under 02-SW 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 02-SW 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 part II.C.2 and II.C.3 above 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

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 8 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

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 plant manager, operator of a well or a well field, 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.3 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

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.

F. Changes in Permit Coverage

Certain planned changes in stormwater discharge or termination of permit coverage, both described below in this section, require notification to the Department’s Water Permits Program at this address:

Maryland Department of the Environment

Wastewater Permits Program

1800 Washington Blvd, Ste 455

Baltimore, MD 21230

1. Planned Changes

You must give written notice to Department’s Water Permits Program as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

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).

MARYLAND GENERAL DISCHARGE PERMIT NO. 12SW (NPDES NO. MDR00) Page 9 of 34

Provides discharge authorization only upon Maryland Department of the Environment notification of registration.

2. Termination of Permit Coverage

a. Submitting a Notice of Termination

To terminate permit coverage, you must submit a complete and accurate Notice of

Termination (NOT) http://www.mde.maryland.gov/assets/document/permit/MDE-WMA-

PER005.pdf to the Water Permits Program. 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 I.H.2, 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 , and you have already implemented necessary sediment and erosion controls as required by Part III.B.1.b.v; 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, unless the Department has required that you obtain such coverage under Part I.E.4, in which case coverage under this permit will terminate automatically.

c. The Department may terminate your coverage under this general permit if the Department finds good cause to do so.

PART III. STORMWATER MANAGEMENT REQUIREMENTS

A. Chesapeake Bay Restoration Requirements

You must comply with the requirements in this section if you meet ALL of these criteria:

your facility is within the Chesapeake Bay Watershed;

your facility is 5 acres or greater in size;

any portion of your facility is located within a Phase I or Phase II municipal separate storm sewer system (MS4) jurisdiction; and your facility is not owned by or leased from an entity that is permitted as an MS4.

1. Control Measures for Nutrient Reduction

a. You must select, design, install and implement restoration of 20% of the untreated impervious surface area at your facility or equivalent control measures for the reduction of nutrients.

i.) Restoration of impervious surfaces and allowed equivalent control measures are defined in paragraph “c” below.

ii.) “Untreated” means not meeting the definition of treatment in Appendix E, "Treatment of

Impervious Surfaces." The amount of required restoration is determined from the impervious areas within your permitted industrial area as defined in paragraph “b” below.

However the control measures may be implemented outside this industrial area, including but not limited to restoration of parking lots within your entire facility, or projects offsite in coordination with your local stormwater authority as described in paragraphs “c” or “d” below.

iii.) The control measures must be fully implemented within the time frame described in http://www.mde.maryland.gov/assets/document/permit/MDE-WMA-PER005.pdf http://www.mde.maryland.gov/assets/document/permit/MDE-WMA-PER005.pdf

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paragraph “e” below and must be consistent with other MDE policies as described in paragraphs “f” and “g” below.

b. The total area of untreated impervious surfaces that existed at your facility on January 1, 2006, as determined to the best of your ability, shall be your baseline for determining the applicable amount of control measures. For the purposes of this permit requirement, impervious surfaces are those surfaces that do not allow stormwater to infiltrate into the ground and may include any driveway, road or parking lot that is paved (concrete, asphalt) or used for vehicular storage or traffic, any building or storage facility rooftop, any water resistant material covers, any sidewalks/paths, any decks, any paved storage areas, any tanks or containment structures or any surfaces that are paved or covered for other reasons.

These impervious surfaces also must collect or convey stormwater discharges associated with industrial activity (as defined in Appendix E “Stormwater Discharges Associated with

Industrial Activity”), for your primary industrial or co-located industrial activities at your facility.

c. Control measures must be designed and implemented using any combination of the following three methods. Any treatment of impervious surfaces added since January 1, 2006 may be counted towards meeting the 20% requirement.

i.) Practices found in the Design Manual (as defined in Appendix E, "Design Manual"), or other Proprietary Practices (as defined in Appendix E, "Proprietary Practices") approved by the Department. Restoration of impervious surfaces is defined as the treatment of untreated impervious surfaces with structural or non-structural stormwater management practices using structural best management practices (BMPs) found in the Design

Manual, or through other Proprietary Practices approved by the Department, based upon designs that treat the volume from one inch of rainfall. Successful implementation of these structural BMPs in the industrial environment also requires some flexibility to accommodate site specific conditions. Restoration opportunities should be pursued where they make sense and where engineering adjustments allow for the successful functioning of any BMP used. The sources of pollutants that may impede the practices may require specific consideration such as pretreatment.

ii.) Practices found in the Accounting Guidance (as defined in Appendix E, "Accounting

Guidance"). This nutrient accounting guidance provides several approved equivalent controls used by municipalities ranging from street sweeping to septic system upgrades, which can be considered by industrial facilities. In addition, this guidance addresses situations where site constraints prevent the capture of the full one inch or Water Quality

Volume (WQv) treatment, and in these situations the impervious area considered as treated shall be pro-rated based on the total volume treated. The total impervious surface area draining to a BMP may be considered treated when the full WQv is provided for one inch of rainfall; otherwise, proportional treatment will be granted based on the percentage of the WQv captured. For example, if only a half inch of rainfall is treated, then only one half of the impervious surface area in the drainage area shall be considered treated.

iii.) Other equivalent control measures. Measures that achieve reduction of 5.4 lbs total nitrogen (TN) per year shall be considered equivalent to restoration of one acre of impervious surface area. The equivalent measures may include any of these options.

New controls required by this permit for erosion and sediment control, or for reduced use of fertilizer. Refer to EPA Chesapeake Bay Program Office Phase 5.3

Community Watershed Model, dated December 2010, for guidance on evaluating reductions. This is referred to by document number “EPA 903S10002 - CBP/TRS-

303-10” and can be found at the website

“http://ches.communitymodeling.org/models/CBPhase5/documentation.php”. New erosion and sediment control reduction efficiencies are found in this document under

“6.7.3 Erosion and Sediment Control” and reduced use of fertilizer load reductions are found under “6.7.10 Urban Nutrient Management”.

http://ches.communitymodeling.org/models/CBPhase5/documentation.php

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New controls to achieve the benchmarks for nitrogen required by this permit, if benchmarks are applicable for your facility. The control design and resulting TN reductions must be fully documented and approved by the Department.

Reducing an existing TN load allocation under an individual NPDES permit, issued to the permittee.

d. You must implement these control measures (Part III.A.1.b) at your facility unless infeasible

(as defined in Appendix E, "Infeasible"). If it is infeasible to implement any or all of these practices at your facility, you may satisfy the restoration requirement by working through your local jurisdiction to implement project(s) offsite.

e. For facilities that were registered for coverage under the 02-SW, the control measures must be implemented within five (5) years of the permit effective date. For all other permittees, the control measures must be implemented within four (4) years from the date you file an NOI, and this deadline will continue into the next General Permit issued by the State if the General

Permit renewal occurs prior to your implementation deadline.

f. The reduction of nutrients associated with compliance with the 20% restoration requirement shall not generate any marketable credits. Reductions beyond the requirements in this permit may be eligible as marketable credits consistent with any current MDE trading policy, and would satisfy a restoration requirement of the next General Permit issued by the State.

g. This requirement must be implemented in a manner that is consistent with any other permits, schedules or requirements by the Department for the control or mitigation of pollutants at the site.

2. Nutrient Control Measure Planning and SWPPP Documentation

For those facilities that were entirely developed or entirely redeveloped after 2002, such that all impervious surfaces have been treated with stormwater BMPs in the Design Manual, you must complete only step “a” and step “b” below and document the results in your SWPPP. For all other facilities, you must develop a plan by completing all the following steps and document in your SWPPP (required in Part III.C.4 of this permit) the results of each step.

a. Identify all impervious surfaces that are subject to this permit, as defined in Part III.A.1.a, and calculate the total impervious surface area for your facility.

b. Identify the impervious surface area treated with existing stormwater best management practices (BMPs) that provide the full one inch or WQv treatment (as defined in Appendix E, "Treatment of Impervious Surfaces").

c. Identify the impervious surface area partially treated by existing stormwater best management practices (BMPs) that don’t provide the full one inch or WQv treatment.

Convert the partially treated area total to its equivalent fully treated area total by applying a proportional factor based on the percentage of the WQv captured. This result is the

“adjusted partially treated area.” For example, if only a half inch of rainfall is treated, then only one half of the impervious surface area in the drainage area shall be considered treated.

d. Subtract the treated area result in “b” above and the adjusted partially treated area result in

“c” above from the total impervious surface area result in “a” above. The resulting value represents the untreated impervious surface area.

e. Multiply the untreated impervious surface area (result in “d” above) by 20% to calculate the impervious surface area subject to the 20% control measure requirement. Convert this area to acres by dividing your square feet of impervious area by 43,560.

f. Determine all of your available options as follows:

i.) restoration control measures using the Design Manual and/or Proprietary Practices as referenced in Part III.A.1.c.i;

ii.) control measure alternatives through the Accounting Guidance as referenced in Part

III.A.1.c.ii; and iii.) equivalent control measures as referenced in Part III.A.1.c.iii.

g. Evaluate and then select practices from the options (identified in “f” above) that you will

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implement to comply with the control measure requirement of this permit (result in “e” above).

h. If after evaluating your potential options for nutrient reductions, you determine it is infeasible to meet the nutrient reduction requirements at your facility, provide your rationale and describe your alternate plan and schedule consistent with Part III.A.1.d for coordinating with the local jurisdiction to implement equivalent off-site projects.

i. Document your selection of BMPs and equivalent measures, including calculations that show your approach will achieve the nutrient reduction requirement.

j. Provide a schedule and basis for all options you selected that cannot be implemented within

30 days of registration under this permit.

k. Specify appropriate routine maintenance schedules for all new and existing BMPs. Include in your plan a procedure for inspection and documentation of those inspections for all structural, nonstructural and other equivalent control measures.

l. Modify the resulting plan as needed to keep implementation on pace to meet the permit deadline in Part III.A.1.e.

3. Nutrient Control Measure Verification

a. When the required selection of BMPs and equivalent measures have been implemented, you shall obtain written certification by either a Professional Engineer (PE), a Certified

Professional in Storm Water Quality (CPSWQ), a Registered Architect, or a Landscape

Architect. The certification shall be kept with your SWPPP and provide verification that:

the type and capacity of the control(s) specified in the SWPPP meet the current design standards specified in the Design Manual, approved Proprietary Practices specification or Accounting Guidance satisfying the permit restoration requirements;

all equivalent measures specified in the SWPPP have been implemented to achieve the planned nutrient reduction levels;

all structural BMPs in the SWPPP are properly maintained in accordance with approved design plans;

all BMPs are supported by procedures in the SWPPP for required inspections and testing;

all BMPs are fully implemented; and the professional signing the verification has visited and examined the facility.

b. For facilities that were registered for coverage under the 02-SW, in order to be eligible for any administrative extension of this permit under the conditions of Part I.H, you must provide an updated SWPPP and complete the Nutrient Reduction Progress Report Form, provided in

Appendix F, and send both documents to the Department one (1) year prior to the expiration date of this permit. For all other permittees, you must provide an updated SWPPP and complete the Nutrient Reduction Progress Report Form, provided in Appendix F, and send both documents to the Department within four (4) years from the date you file an NOI.

B. Control Measures and Effluent Limits

In the technology-based limits included in Part III.B.1 and in Appendix D, 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

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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.)…