Attachment 5(e) - State Fed PII permit final.pdf

MARYLAND DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

GENERAL PERMIT FOR DISCHARGES FROM

STATE AND FEDERAL SMALL MUNICIPAL SEPARATE STORM SEWER

SYSTEMS

GENERAL DISCHARGE PERMIT NO. 13-SF-5501

GENERAL NPDES NO. MDR055501

Final Determination:

Effective Date:

Expiration Date:

April 27, 2018

October 31, 2018

October 30, 2023

This National Pollutant Discharge Elimination System (NPDES) general permit covers State and federal small municipal separate storm sewer systems (MS4s) in certain portions of the State of

Maryland. MS4 owners and operators to be regulated under this general permit must submit a

Notice of Intent (NOI) to MDE by October 31, 2018. An NOI serves as notification that the MS4 owner or operator intends to comply with the terms and conditions of this general permit.

i

PART I. COVERAGE UNDER THIS GENERAL PERMIT

A. Permit Area

B. Eligible Small MS4s

C. Obtaining Coverage

D. Definitions

PART II. NOTICE OF INTENT REQUIREMENTS

A. Deadlines for Notification

B. Contents

C. Where to Submit

PART III. WATER QUALITY

PART IV. MINIMUM CONTROL MEASURES

A. Public or Personnel Education and Outreach

B. Public or Personnel Involvement and Participation

C. Illicit Discharge Detection and Elimination (IDDE)

D. Construction Site Stormwater Runoff Control

E. Post Construction Stormwater Management

F. Pollution Prevention and Good Housekeeping

PART V. CHESAPEAKE BAY RESTORATION AND MEETING TOTAL

MAXIMUM DAILY LOADS

A. Develop a Baseline Impervious Area Assessment

B. Develop and Implement an Impervious Area Restoration Work Plan

C. Develop a Restoration Activity Schedule

D. BMP Database Tracking

PART VI. EVALUATION AND ASSESSMENT, RECORDKEEPING, REPORTING,

AND PROGRAM REVIEW

A. Evaluation and Assessment

B. Recordkeeping

C. Reporting

D. Program Review ii

PART VII. STANDARD PERMIT CONDITIONS

A. Duty to Comply

B. Failure to Notify

C. Limitations on Coverage

D. Penalties Under the CWA - Civil and Criminal

E. Penalties Under the State’s Environment Article - Civil and Criminal

F. Need to Halt or Reduce Activity not a Defense

G. Continuation of an Expired General Permit

H. Duty to Mitigate

I. Duty to Provide Information

J. Other Information

K. Requiring an Individual Permit

L. Property Rights

M. Severability

N. Permit Actions and Reopener Clause

O. Signature of Authorized Administrator and Permittee

P. Inspection and Entry

Q. Proper Operations and Maintenance

R. Reporting Requirements

PART VIII. AUTHORITY TO ISSUE GENERAL NPDES PERMITS

APPENDIX A Maryland Designation Criteria for Small Municipal Separate Storm Sewer

Systems ................................................................................................................ A-1

APPENDIX B Compliance with General Permit Requirements for Small Municipal

Separate Storm Sewer Systems ......................................................................... B-1

APPENDIX C State and Federal Small MS4 Notice of Intent Form and Waiver Form .. C-1

APPENDIX D State and Federal Small MS4 Progress Report ........................................... D-1

PART I. COVERAGE UNDER THIS GENERAL PERMIT

A. Permit Area

This National Pollutant Discharge Elimination System (NPDES) general permit covers small municipal separate storm sewer systems (MS4s) owned or operated by the United

States of America (U.S.) or the State of Maryland (State) in certain portions of the State of Maryland as defined under Title 40 of the Code of Federal Regulations (CFR) §

122.26(b)(16) and 122.32(a)(1).

B. Eligible Small MS4s

MS4s eligible for coverage under this general permit include those properties that:

1. Are owned or operated by the State of Maryland or the U.S. and located within an urbanized area; and

2. Serve developed land area greater than five acres and have at least ten percent impervious area property wide; or

3. Are already covered under an NPDES small MS4 Phase II general permit.

C. Obtaining Coverage

Owners or operators of MS4s regulated under this general permit must apply for coverage by submitting a Notice of Intent (NOI) according to requirements in Part II below, using the form provided by Maryland Department of the Environment (MDE) in

Appendix C. A list of State and federal agencies eligible for permit coverage is found in

Appendix A. Others not listed that meet eligibility criteria described in Appendix A are required to file an NOI as well. An NOI may represent:

1. An individual MS4 located on a State or federal property; or

2. MS4s located on multiple properties owned or operated by a single government agency.

D. Definitions

Terms used in this permit are defined in relevant chapters of 40 CFR § 122 or the Code of

Maryland Regulations (COMAR) 26.08.01, 26.17.01, and 26.17.02. Terms not defined in CFR or COMAR shall have the meanings attributed by common use.

PART II. NOTICE OF INTENT REQUIREMENTS

A. Deadlines for Notification

Small MS4 owners or operators in State of Maryland and U.S. government properties that meet the designation criteria in Appendix A must apply for coverage under this general permit and submit to MDE an NOI that contains the information outlined in PART II.B by October 31, 2018.

B. Contents

An NOI serves as notification that the MS4 owner or operator intends to comply with this general permit. A permittee may file an application for an individual property or file a joint application that includes multiple MS4s owned, operated, or maintained by an individual government agency. The NOI form is provided in Appendix C of this permit.

The NOI must contain the following:

1. The name and address of each property for which coverage under this general permit is being sought;

2. A brief description of each property. This must include the approximate size, land uses, a description of the stormwater conveyance system, and a list of properties owned or operated by the permittee covered under the Maryland

General Permit for Stormwater Discharges Associated with Industrial Activity or an individual industrial surface water discharge permit;

3. The contact name, address, telephone number, and e-mail address of responsible personnel for the required MS4 programs listed in Parts IV and V of this general permit;

4. A brief description of any agreements with another entity when responsibilities for permit compliance are shared between the permittee and other entity. The relationship and specific duties of all parties must be provided;

5. An estimate of the anticipated expenditures to implement the required programs specified in this general permit; and

6. An authorized signature according to Part VII.O of this general permit.

C. Where to Submit

State of Maryland and U.S. government agencies applying for coverage under this general permit must submit NOIs to the following:

Maryland Department of the Environment

Water and Science Administration

Sediment, Stormwater, and Dam Safety Program

1800 Washington Boulevard

Suite 440

Baltimore, Maryland 21230-1708

PART III. WATER QUALITY

State and federal government agencies covered under this general permit must manage, implement, and enforce management programs for controlling all stormwater discharges in accordance with the CWA and corresponding stormwater NPDES regulations, 40 CFR § 122, to meet the following requirements:

1. Effectively prohibit pollutants in stormwater discharges or other unauthorized discharges into the MS4 as necessary to comply with Maryland’s receiving water quality standards;

2. Attain applicable wasteload allocations (WLAs) for each established or approved

Total Maximum Daily Load (TMDL) for each receiving water body, consistent with Title 33 of the U.S. Code (USC) 1342(p)(3)(B)(iii); 40 CFR § 122.44(k)(2) and (3); and

3. Comply with all other provisions and requirements contained in this general permit, and in plans and schedules developed in fulfillment of this permit.

Compliance with the conditions contained in Parts IV and V of this permit shall constitute compliance with Section 402(p)(3)(B)(iii) of the CWA and adequate progress toward compliance with Maryland’s receiving water quality standards and any stormwater WLA approved by the United States (U.S.) Environmental Protection Agency (EPA) for this permit term.

PART IV. MINIMUM CONTROL MEASURES

Permittees must ensure that the following minimum control measures (MCMs) are implemented in the property(ies) served by the small MS4 covered under this permit. The six MCMs described below include Personnel Education and Outreach, Public or Personnel Involvement and Participation, Illicit Discharge Detection and Elimination, Construction Site Stormwater

Runoff Control, Post Construction Stormwater Management, and Pollution Prevention and Good

Housekeeping. Specific requirements for compliance with this general permit are outlined for each MCM below. Permittees must report on the status of implementation of these required programs in accordance with the MS4 Progress Report (Appendix D).

Any permittee renewing coverage under the general permit must continue to make progress on permit requirements and report information as described below. All new permittees must begin development of programs described below within the first year of permit issuance and initiate implementation of programs thereafter. Annual MS4 Progress Reports must document program development and demonstrate full implementation of all permit requirements by the end of the five-year permit term.

Permittees can choose to utilize partnerships or share responsibilities with other entities for compliance with any requirement of this general permit. This may entail establishing partnerships with the surrounding county or municipality performing similar activities under the requirements of an NPDES MS4 permit. If responsibilities for permit compliance are shared between the permittee and another entity, the relationship and specific duties of all participating entities must be described in the NOI and updated information provided in the MS4 Progress

Report. However, the permittee shall remain responsible for compliance with all conditions of this general permit. For this reason, a legally binding contract, memorandum of understanding

(MOU), or other similar means must be executed between the permittee and all other entities to avoid conflicts resulting from noncompliance with this general permit.

A. Public or Personnel Education and Outreach

Permittees are required to implement and maintain a personnel education and outreach program, and distribute education materials to the community and employees to help reduce the discharge of pollutants caused by stormwater runoff. This entails developing brochures, booklets, and training programs to educate personnel about the impacts of stormwater discharges on receiving waters, why controlling these discharges is important, and what personnel and the public and/or staff can do to reduce pollutants in stormwater runoff. These activities may be coordinated with other portions of the permittee’s MS4 program or developed independent of other pollution control efforts.

Renewal permittees must update and continue to maintain their personnel education and outreach program. New permittees must begin development of this program within the first year of permit issuance and initiate implementation thereafter. All permittees must provide program updates in accordance with the MS4 Progress Report specified for this

MCM. MS4 Progress Reports must document program development and demonstrate full implementation of all permit requirements by the end of the five-year permit term.

In order to comply with this MCM, all permittees must:

1. Develop a process by which the public and/or staff can report water quality complaints that must include a phone number, within one year of permit issuance;

2. Determine the target audience and develop materials to educate the audience on the impact of stormwater. These topics may include water conservation, chemical application on lawns and landscaping, proper car wash procedures, proper disposal of paint and other household hazardous waste, recycling and trash pick-up, and proper pet waste disposal;

3. Distribute stormwater educational materials through newsletters, website, or other appropriate methods. Submit examples of educational material to MDE in accordance with reporting requirements;

4. Develop and implement an annual employee training program that addresses appropriate topics to prevent or reduce the discharge of stormwater pollution into the MS4. Submit example training materials and attendee list to MDE in accordance with reporting requirements; and

5. Briefly describe in reports to MDE how the education programs complement and strengthen other programs of the MS4 permit.

B. Public or Personnel Involvement and Participation

Permittees are required to create and foster opportunities for public and/or staff participation in the MS4 management program for controlling stormwater discharges.

Recommended activities include adopt-a-stream programs, public and/or staff surveys, storm drain stenciling, stream cleanups, tree plantings, and Earth Day events. These activities may be coordinated with other portions of the permittee’s MS4 program or developed independent of other pollution control efforts.

Renewal permittees must update and continue to maintain their public or personnel involvement and participation program. New permittees must begin development of this program within the first year of permit issuance and initiate implementation thereafter.

All permittees must provide program updates in accordance with the MS4 Progress

Report specified for this MCM. MS4 Progress Reports must document program development and demonstrate full implementation of all permit requirements by the end of the five-year permit term.

1. Determine the target audience to promote public and/or staff involvement and participation activities;

2. Specify activities appropriate for the target audience and promote participation;

3. Perform at least five public and/or staff participation events during the permit term and report to MDE in accordance with reporting requirements;

4. Provide public and staff access to the permittee’s MS4 Progress Reports via website or other method and consider any substantive public and/or staff comments received concerning the permittee’s MS4 program (a permittee may reserve from public and staff review any information considered confidential or information that may compromise the security of an agency); and

5. Comply with all State and federal public notice requirements for any regulated activity associated with this general permit.

C. Illicit Discharge Detection and Elimination (IDDE)

Permittees are required to develop, implement, and enforce a program to detect and eliminate illicit discharges into the MS4 in accordance with 40 CFR § 122.34(b)(3). A permittee will satisfy this MCM by field screening outfalls, inspecting the MS4 to identify sources of illicit discharges, eliminating illegal connections or illicit discharges, and enforcing penalties where appropriate. The illicit discharge program must also address illegal dumping and spills. Additional guidance is provided in Appendix B, Section II to assist permittees with the development of an acceptable IDDE program.

Renewal permittees must update and continue to maintain their IDDE program. New permittees must begin development of this program within the first year of permit issuance and initiate implementation thereafter. All permittees must provide program updates in accordance with the MS4 Progress Report specified for this MCM. MS4

Progress Reports must document program development and demonstrate full implementation of all permit requirements by the end of the five-year permit term.

1. Develop and maintain an updated map of the MS4 that identifies all stormwater conveyances, outfalls, stormwater best management practices (BMPs), and waters of the U.S. receiving stormwater discharges;

2. Establish a policy or other agency directive that prohibits illicit discharges into the

MS4;

3. Maintain the capability to access the storm sewer system across the entire property(ies) to investigate and eliminate illicit discharges (e.g., physical access, proper internal permissions);

4. Develop and implement written standard operating procedures (SOPs) that specify the following:

a. An inspection checklist describing how outfalls are screened for dry weather flows (see Appendix B, Figure B.2 for an example of an outfall screening checklist);

b. Frequency of outfall inspections; Screening efforts for State and federal properties may be tiered based on property size. For small properties (i.e., less than 100 acres), all outfalls must be screened each year. Medium size properties (i.e., 100 - 2,000 acres) must screen 50% of total outfalls.

Large properties (i.e., more than 2,000 acres) must screen 20% per year, up to 100 outfalls;

c. Procedures for identifying the source, and eliminating spills, illegal dumping, and other suspected illicit discharges;

d. Identification of priority areas for illicit discharge screening based on pollution potential;

e. Permittee policy to ensure illicit discharges are eliminated;

f. Procedures to inform employees, businesses, and the general public of the issues relating to illegal discharges and improper waste disposal; and

g. Coordination with adjacent MS4 operator(s).

5. Submit SOPs to MDE for review and approval within two years of permit issuance. MDE will review for consistency with guidance in Appendix B, Section

II;

6. Document results of illicit discharge screening efforts, including a description of how screening locations were prioritized and any necessary follow-up investigations and remediation measures implemented to address any suspected discharge. Submit to MDE in accordance with reporting requirements; and

7. Maintain complete records of IDDE program investigations and make available to

MDE during field reviews of the permittee’s MS4 program.

D. Construction Site Stormwater Runoff Control

Permittees are required to comply with Environment Article, Title 4, Subtitle 1, Annotated Code of Maryland and State erosion and sediment control regulations under

COMAR 26.17.01. The statute and COMAR specify the requirements for any construction activity that disturbs 5,000 square feet of land area or 100 cubic yards or more of earth movement. MDE considers compliance with the State statute to be compliance with this MCM of this general permit, and 40 CFR § 122.34(b)(4).

All permittees must provide program updates in accordance with the MS4 Progress

Report specified for this MCM. MS4 Progress Reports must document program development and demonstrate full implementation of all permit requirements by the end of the five-year permit term. In order to comply with State and federal laws and regulations pertaining to an acceptable erosion and sediment control program, all permittees must:

1. Submit erosion and sediment control plans to MDE (or other authority when applicable) for review and approval in accordance with COMAR and with the

Maryland Stormwater Management and Erosion and Sediment Control

Guidelines for State and Federal Projects (February 2015);

2. Ensure compliance with requirements under MDE’s 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control or most recent revision and COMAR 26.17.01;

3. Ensure all necessary permits have been obtained, including MDE’s General

Permit for Stormwater Associated with Construction Activity for projects disturbing one acre or more, and local sediment and erosion control plan approval;

4. Develop a process for receiving, investigating, and resolving complaints from any interested party related to construction activities within the property(ies). Notify the complainant of the investigation and findings within seven days;

5. Track all active grading permits within each property covered under this general permit and report disturbed areas for all active grading permits to MDE in accordance with reporting requirements;

6. Ensure that construction site inspections and enforcement procedures are performed in accordance with COMAR. This will require ongoing communication and collaboration with MDE to ensure that any violations are properly addressed;

7. Incorporate procedures within property operations to effectively abate sediment pollution and comply with all applicable State and federal laws pertaining to erosion and sediment control practices; and

8. Ensure staff is adequately trained on proper procedures and actions to address potential discharge of pollutants into the MS4 as a result of any construction activity. The Responsible Personnel Certification on-line training course through

MDE must be made available to appropriate staff.

E. Post Construction Stormwater Management

Permittees are required to maintain an acceptable stormwater management program in accordance with Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland and State stormwater management regulations under COMAR 26.17.02. The statute and

COMAR require that stormwater management must be addressed for new development and redevelopment for any proposed project that disturbs 5,000 square feet or more of land area. MDE considers compliance with the State statute to be compliance with this

MCM of this general permit, and 40 CFR § 122.34(b)(5).

All permittees must provide program updates in accordance with the MS4 Progress

Report specified for this MCM. MS4 Progress Reports must document program development and demonstrate full implementation of all permit requirements by the end of the five-year permit term. In order to comply with State and federal laws and regulations pertaining to an acceptable stormwater management program, all permittees must:

1. Submit stormwater management plans to MDE (or other authority when applicable) for review and approval in accordance with COMAR and with the

Maryland Stormwater Management and Erosion and Sediment Control

Guidelines for State and Federal Projects (February 2015) for compliance with

State stormwater management requirements;

2. Implement the principles, methods, and practices found in the latest version of the

2000 Maryland Stormwater Design Manual, Volumes I & II (Manual), and the latest version of MDE’s Maryland Stormwater Management Guidelines for State and Federal Projects. This includes that environmental site design (ESD) be implemented to the maximum extent practicable (MEP);

3. Maintain stormwater program implementation information and provide updates in accordance with the MS4 Progress Report that include:

a. Total number of plans submitted to MDE for review and approval;

b. Total number of as-built plans submitted to MDE and approved;

c. Verification that BMPs are maintained in accordance with MDE requirements outlined on approved plans.

4. Provide training to stormwater program staff and to staff responsible for proper

BMP design, performance, inspection, and routine maintenance. Report the number of trainings offered, topics covered, and number of attendees; and

5. Maintain and submit an Urban BMP database in accordance with the database structure in Appendix B, Tables B.1.a, b, and c. This information shall be submitted to MDE with annual reports.

F. Pollution Prevention and Good Housekeeping

Permittees are required to develop and implement an operation and maintenance program that includes a training component, to prevent and reduce pollutant runoff from municipal operations in accordance with 40 CFR § 122.34(b)(6). A permittee will satisfy this MCM by developing, implementing, and maintaining procedures for pollution prevention and good housekeeping on permittee owned or operated property(ies) and roads as outlined below.

Renewal permittees must update and continue to maintain their pollution prevention and good housekeeping program. New permittees must begin development of this program within the first year of permit issuance and initiate implementation thereafter. All permittees must provide program updates in accordance with the MS4 Progress Report.

MS4 Progress Reports must document program development and demonstrate full implementation of all permit requirements by the end of the five-year permit term.

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1. Ensure that appropriate staff and contractors receive training at least annually.

The training must be designed to reduce or eliminate the discharge of pollutants during property operations. Training may include in-person, online, toolbox talks, on-the-job, or other formats, and permittees may build on existing training activities to fulfill this requirement. Topics must include spill prevention and response, proper disposal of waste, and periodic visual inspections to detect and correct potential discharges at properties owned or operated by the permittee;

2. Develop, implement, and maintain a good housekeeping plan for permittee owned or operated properties where any of the following activities is performed:

maintenance of vehicles or heavy equipment, and handling of any of the following materials: deicers, anti-icers, fertilizers, pesticides, road maintenance materials such as gravel and sand, or hazardous materials. A standard plan may be created to address multiple properties where similar activities are conducted, provided the below items are addressed. The plan must include:

a. A description of site activities;

b. A list of potential pollutants including their sources and locations on the site. The plan must consider conveyance of stormwater entering, flowing across, and leaving the site;

c. Written good housekeeping procedures designed to prevent discharge of pollutants off site that include regular visual inspections to detect potential discharges;

d. Written procedures for corrective actions to address any release, spill, or leak on site; and

e. Documentation of any discharge, release, leak, or spill, including date, findings, and response actions.

3. Quantify and report pollution prevention efforts related to the following activities:

a. Number of miles swept and pounds of material collected from street sweeping and inlet cleaning programs, as applicable;

b. Good housekeeping methods for pesticide application such as integrated pest management plans or alternative techniques;

c. Good housekeeping methods for fertilizer application such as chemical storage, landscaping with low maintenance/native species, and application procedures;

d. Good housekeeping methods for snow and ice control such as use of pretreatement, truck calibration and storage, and salt dome storage and containment; and

e. Other good housekeeping methods performed by the permittee not listed above.

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4. Submit in the NOI a list of properties owned or operated by the permittee where the activities listed in this MCM are performed, and indicate which are covered under the Maryland General Permit for Stormwater Discharges Associated with

Industrial Activity. Provide an update in annual reports if the status of industrial activity permit coverage changes for any property.

PART V. CHESAPEAKE BAY RESTORATION AND MEETING TOTAL

MAXIMUM DAILY LOADS

Maryland’s Watershed Implementation Plan (WIP) specifies the nutrient and sediment load reductions required to address the Chesapeake Bay TMDL by 2025. This general permit will make progress toward that strategy by requiring small MS4s to commence restoration efforts for twenty percent of existing developed lands that have little or no stormwater management. This five-year permit term requires permittees to develop planning strategies and work toward implementing water quality improvement projects. Restoration planning strategies and implementation schedules required under this general permit are consistent with addressing the water quality goals of the Chesapeake Bay TMDL by 2025. The conditions established below require permittees to perform watershed assessments, identify water quality improvement opportunities, secure appropriate funding, and develop an implementation schedule to show the twenty percent impervious area restoration requirement will be achieved by 2025. This constitutes adequate progress toward compliance with Maryland’s receiving water quality standards and any stormwater WLA established or approved by the EPA for small MS4s regulated under this permit.

Restoration efforts may include the use of ESD practices, structural stormwater BMPs, retrofitting, stream restoration, or other alternative restoration practices. Trading with other sectors may also be considered as another method to achieve pollutant reductions, once a program has been established, regulations are adopted, public participation requirements are satisfied, and its use approved by EPA. Acceptable design criteria for stormwater BMPs are outlined in the Manual and the most recent version of the Accounting for Stormwater Wasteload

Allocations and Impervious Acres Treated, referred to hereafter as the Accounting Guidance.

Appendix B of this permit provides relevant guidance from the Accounting Guidance for small

MS4 permittees to comply with these requirements. A permittee will demonstrate compliance with restoration requirements by performing the following:

A. Develop a Baseline Impervious Area Assessment

Permittees must determine the total impervious surface area within their property(ies) and delineate the portions that are treated with acceptable water quality BMPs. This analysis will provide the baseline used to calculate the twenty percent restoration requirement.

This must be done in accordance with the guidance outlined in Appendix B, Section III of this permit (which is consistent with the Accounting Guidance). The impervious area baseline assessment must be submitted with the first year Progress Report for MDE review and approval. The following information must be submitted with this assessment:

1. Total impervious acres in accordance with the guidance in Appendix B, Section

III of this general permit;

2. Total impervious acres treated by stormwater water quality BMPs;

3. Total impervious acres treated by BMPs providing partial water quality treatment;

4. Total impervious acres treated by nonstructural practices (i.e., rooftop disconnections, non-rooftop disconnections, or vegetated swales);

5. Verification that any impervious area draining to BMPs with missing inspection records are not considered treated; and

6. Total impervious acres untreated and twenty percent of this total area (i.e., the restoration requirement).

B. Develop and Implement an Impervious Area Restoration Work Plan

Permittees must submit a work plan with the first year MS4 Progress Report to describe the activities and milestones that will be performed over the permit term to show progress toward the twenty percent impervious area restoration requirement. This will form the basis of a long term plan; however, the plan may be adjusted and refined as part of the adaptive management process over the course of the permit term. A work plan, recommended in the format of Table 1 below, must be submitted to MDE annually to describe progress and any modifications necessary to remain on track with restoration requirements. A suggested work plan is provided in Table 1. Permittees may use the work plan or develop a custom plan that addresses the unique circumstances of individual permittees for MDE review and approval.

Table 1. Impervious Area Restoration Work Plan

Timeline Management Strategies and Goals

Year 1 Develop impervious area baseline assessment.

Develop restoration work plan for MDE review and approval.

Assess opportunities and timelines for implementing water quality BMPs.

Assess opportunities to develop partnerships with other NPDES permittees.

Determine funding needs and develop a long term budget.

Year 2 Update and submit Urban BMP database.

Maintain inspection records for all BMPs.

Perform watershed assessments and identify water quality problems and opportunities for restoration.

Develop list of specific projects to be implemented for restoration and identify on the Restoration Activity Schedule (Table 2).

Incorporate future growth agency-wide/jurisdiction-wide master plans into restoration planning efforts.

Evaluate and refine budget needs for project implementation.

Timeline Management Strategies and Goals

Year 3 Update and submit Urban BMP database and documented maintenance and inspection status for all BMPs.

Develop adaptive management strategies for BMP implementation that identify opportunities for improved processes and procedures.

Continue to identify opportunities for water quality improvement projects and collaborative partnerships to meet restoration requirements.

Year 4 Update and submit project implementation status in Table 2.

Update and submit Urban BMP database and documented maintenance and inspection status for all BMPs.

Submit narrative describing progress and updated adaptive management strategies toward implementing restoration projects.

Year 5 Update and submit project implementation status in Table 2.

Provide complete list of specific projects needed to meet the twenty percent restoration requirement in Table 2 and include the projected implementation year (no later than 2025).

C. Develop a Restoration Activity Schedule

Permittees are required to develop a Restoration Activity Schedule (Table 2) and provide annual updates on the status of projects in the planning, construction, and final phase of implementation. A brief narrative must accompany Table 2 and describe progress of planned restoration activities. Table 2 below provides an example of how to submit the required information. The table outlines a schedule for various BMPs under different stages of implementation during the permit term. The impervious acre baseline is indicated as 100 acres and noted in year one. With the implementation of each BMP, the balance toward achieving the restoration requirement is recalculated in the Impervious

Acre Restoration Target and Balance (“Imperv Acre Target and Balance”) column. This plan must be continuously refined and updated over the duration of the permit term. By the end of the permit term, a complete list of projects required to meet the twenty percent restoration requirement must be provided. The projected implementation year must be no later than 2025.

Permittees may take credit for retrofit and redevelopment that has been implemented between January 1, 2006, and the beginning of the permit term. When the impervious area baseline analysis considers the drainage areas to these practices as untreated, then these projects may be credited toward impervious area restoration requirements. Credits may be reported using the Restoration Activity Schedule (Table 2) discussed below.

Impervious acre credits are based on the level of water quality treatment provided. When water quality BMPs treat one inch of rainfall, the impervious acres draining to the BMP will be considered restored. When the rainfall treated is less than one inch, a proportional acreage will be calculated for impervious acres treated based on the percentage of one inch of rainfall treated. When the rainfall treated is greater than one inch, credit is granted according to the Accounting Guidance. When alternative BMPs are implemented, acreage may be calculated based on an impervious acre equivalent identified in Appendix B, Table B.4. Additional information on BMP implementation and impervious acre credits may be found in the Accounting Guidance.

Table 2. Restoration Activity Schedule (Example)

Type of Restoration

Project

BMP

Code

Cost

($K)

Imperv

Acres

Treated

Imperv

Acre

Target and

Balance

Project

Status

Year Complete or

Projected

Implementation

Year

(by 2025)

MD Grid

Coordinates

Northing Easting

Dry pond retrofit to wet PWET 1,500

36 64

UC

Bioretention FBIO 260 6 58 P

Bioswale MSWB 100 2 56 P

Dry pond retrofit to wet PWET 800

10 46

P

BMP retrofit PWET 500 8 38 P

Redevelopment REDE 300 5 33 P

Rain Gardens (4) MRNG 20 2 31 P

Disconn rooftop r/o NDRR 200 10 21 P

Stream restoration

(1,000 linear feet) STRE 500

11 P

Outfall Stabilization OUT 200 2 9 P

Shallow marsh WSHW 150 4 5 P

Reforestation on

Imperv IMPF 100 3 2 P

Green Roof, extensive AGRE 100 0.5 1.5 P

Perm pavement on existing pavement APRP 150 2 -0.5 P

See Appendix B, Tables B.1.a, b, and c, Urban BMP database. BMP codes are identified under

“MDE BMP Classification” Provide cost at project completion

Project Status: Enter P for planning and design, UC for under construction, and C for complete

D. BMP Database Tracking

Permittees are required to develop a BMP inventory consistent with the required fields outlined in the BMP Database provided in Appendix B, Tables B.1.a, b, and c. A brief narrative must accompany the BMP database and provide verification that routine inspection and maintenance activities are up to date. The database fields for inspection and maintenance need to be completed and show that BMPs are inspected every three years and routinely maintained. If the required inspection and maintenance data are missing or incomplete then any credit previously applied must be removed.

PART VI. EVALUATION AND ASSESSMENT, RECORDKEEPING, REPORTING,

AND PROGRAM REVIEW

A. Evaluation and Assessment

The permittee must evaluate progress toward achieving compliance with all permit requirements, and the appropriateness of implemented BMPs. This must be achieved through reporting to MDE as specified in Part VI.C below.

B. Recordkeeping

The permittee must keep records for at least three years after the termination of this general permit. In addition to the information required in MS4 Progress Reports specified below, permittees must submit any additional supporting documentation at the request of MDE. The permittee must make its MS4 program information, including records, available to the public during regular business hours.

C. Reporting

1. The required information specified in the MS4 Progress Report in Appendix D must be completed as described in this section. The reporting period must be based on State fiscal year, i.e., July 1 – June 30. MS4 Progress Reports are due no later than October 31 of each year with the first report due October 31, 2019.

2. Annually, the permittee must submit a report to MDE that evaluates progress toward meeting the twenty percent impervious area restoration requirement specified in Part V above. Restoration activity described in the MS4 Progress

Report must be completed and include:

a. An impervious area baseline analysis in accordance with Part V.A and the guidance in Appendix B, Section III. This analysis must be submitted with the first year MS4 Progress Report for MDE review and approval;

b. The Impervious Area Restoration Work Plan (Table 1 or other format) must be submitted with the first year MS4 Progress Report and in annual updates. The work plan must include a narrative discussing progress made toward restoration efforts and a description of adaptive management strategies necessary to keep proposed implementation efforts on track;

c. An updated Restoration Activity Schedule in accordance with Table 2 must be submitted annually. By the end of the permit term, a complete list of projects required to meet the twenty percent restoration requirement must be specified in Table 2. The projected implementation year must be no later than 2025; and

d. An updated Urban BMP database in accordance with Appendix B, Tables

B.1.a, b, and c in electronic format and a brief narrative discussing progress made toward completing the database and performing routine maintenance and inspections.

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3. Reporting for the six MCMs specified in Part IV must be submitted in years 2 and

4 of the permit term and include all information requested in the MS4 Progress

Report in Appendix D.

D. Program Review

In order to assess the effectiveness of the permittee’s NPDES program for eliminating non-stormwater discharges and reducing the discharge of stormwater pollutants to the

MEP, MDE will review program implementation as described in MS4 Progress Reports.

Procedures for the review of local erosion and sediment control and stormwater management programs exist in Maryland’s sediment control and stormwater management laws. Additional reviews of MCM implementation and the twenty percent restoration requirement may be conducted at any time to determine compliance with permit conditions.

PART VII. STANDARD PERMIT CONDITIONS

A. Duty to Comply

The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action, permit coverage termination, revocation, or modification. The permittee must comply at all times with the provisions of the Environment Article, Title 4, Subtitles 1, 2, and 4;

Title 7, Subtitle 2; and Title 9, Subtitle 3, Annotated Code of Maryland.

B. Failure to Notify

Agencies engaging in an activity under this general permit that fail to notify MDE of their intent to be covered under this general permit as described in PART II and who discharge to waters of the State without submitting an NOI application are in violation of the Environment Article, Annotated Code of Maryland and may be subject to penalties.

C. Limitations on Coverage

1. The following categories of non-stormwater discharges or flows must be addressed where such discharges are identified by the permittee as sources of pollutants to waters of the U.S.: landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, foundation drains, air conditioning condensate, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering runoff, flows from riparian habitats and wetlands, residual street wash water, and discharges or flows from fire fighting activities.

2. Non-stormwater sources, stormwater associated with industrial activity, or discharges associated with construction activities may be authorized to discharge via the municipal separate storm sewer system if such discharges are specifically authorized under an applicable NPDES discharge permit.

3. Only stormwater discharges from municipal separate storm sewer systems are authorized to discharge under this general permit.

D. Penalties Under the CWA - Civil and Criminal

For violations of this permit, the permittee is subject to civil and criminal penalties as set forth in 33 U.S.C. 1319(c) and (d) of the Clean Water Act, as adjusted for inflation according to 40 CFR § 19.4.

E. Penalties Under the State’s Environment Article - Civil and Criminal

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve permittee from civil or criminal responsibilities and/or penalties for a violation of

Title 4, Title 7, and Title 9 of the Environment Article, Annotated Code of Maryland, or any federal, local, or other State law or regulation. Section 9-342 of the Environment

Article provides that a person who violates any condition of this permit is liable to a civil penalty of up to $10,000 per violation, to be collected in a civil action brought by MDE, and with each day a violation continues being a separate violation. Section 9-342 further authorizes MDE to impose upon any person who violates a permit condition, administrative civil penalties of up to $10,000 per violation, up to $100,000.

Section 9-343 of the Environment Article provides that any person who violates a permit condition is subject to a criminal penalty not exceeding $25,000 or imprisonment not exceeding one year, or both for a first offense. For a second offense, Section 9-343 provides for a fine not exceeding $50,000 and up to two years imprisonment.

The Environment Article, Section 9-343, Annotated Code of Maryland, provides that any person who tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $50,000 per violation, or by imprisonment for not more than two years per violation, or both.

The Environment Article, Section 9-343, Annotated Code of Maryland, provides that any person who knowingly makes any false statement, representation, or certification in any records or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $50,000 per violation, or by imprisonment for not more than two years per violation, or both.

F. Need to Halt or Reduce Activity not a Defense

It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

G. Continuation of an Expired General Permit

An expired general permit continues in force and effect for all permittees covered under this general permit until a new general permit is issued or the general permit is revoked or withdrawn. Coverage for new permittees may not be granted under an expired general permit.

H. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment and is in violation of this general permit.

I. Duty to Provide Information

The permittee shall furnish to MDE any information that may be requested to determine compliance with this general permit. The permittee shall also furnish to MDE, upon request, copies of records required to be maintained in compliance with the conditions of this general permit.

J. Other Information

When a permittee becomes aware that it failed to submit any relevant facts or submitted incorrect information in the NOI or in any other report to MDE, it shall promptly notify

MDE of the facts or information.

K. Requiring an Individual Permit

1. MDE may require any agency to apply for and/or obtain an individual NPDES permit. When MDE requires a permittee to apply for an individual NPDES permit, MDE will provide notification in writing that an application is required.

This notification shall include a brief statement of the reasons for the decision, an application form, and a deadline for filing the application. Applications must be submitted to MDE. MDE may grant additional time to submit an application upon request of the applicant.

2. Any agency eligible for coverage under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. In such cases, the agency must submit an individual application in accordance with the requirements of 40 CFR § 122.26(c)(1)(ii), with reasons supporting the request, to MDE.

3. When an individual NPDES permit is issued to an agency eligible for coverage under this general permit, the applicability of this general permit to the individual

NPDES permittee is automatically terminated on the effective date of the individual permit. When an individual NPDES permit is denied to an agency otherwise subject to this general permit, then coverage under this general permit may be terminated by MDE.

L. Property Rights

The issuance of this general permit does not convey any property rights of any sort, nor any exclusive privileges, nor does it authorize any injury to private property nor any invasion of personal rights, nor any infringement of federal, State, or local laws or regulations.

M. Severability

The provisions of this general permit are severable. If any provision of this general permit shall be held invalid for any reason, the remaining provisions shall remain in full force and effect. If the application of any provision of this general permit to any circumstances is held invalid, its application to other circumstances shall not be affected.

N. Permit Actions and Reopener Clause

This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any permit condition. The Environment Article, Section 9-330, Annotated Code of

Maryland, provides that MDE may revoke coverage under this permit if it finds that:

1. False or inaccurate information was contained in the application;

2. Conditions or requirements of the discharge permit have been or are about to be violated;

3. Substantial deviation from the requirements has occurred;

4. MDE has been refused access for the purpose of inspecting to ensure compliance with the conditions of the discharge permit;

5. A change in conditions exists that requires temporary or permanent reduction or elimination of the permitted discharge;

6. Any State or federal water quality stream standard or effluent standard has been or is threatened to be violated; or

7. Any other good cause exists for revoking the discharge permit.

8. If there is evidence indicating that the stormwater discharges authorized by this general permit cause, or have the reasonable potential to cause or contribute to, a violation of a water quality standard, the permittee may be required to obtain an individual permit or the general permit may be modified to include specific limitations and/or requirements. Permit modification or revocation will be conducted according to 40 CFR § 122.62, 122.63, 122.64, and 124.5.

O. Signature of Authorized Administrator and Permittee

All NOIs, annual reports, and information submitted to MDE shall be signed as required by COMAR 26.08.04.01-1 and 40 CFR § 122.22. As in the case of municipal or other public properties, signatories shall be a principal executive officer, ranking elected official, or other duly authorized employee.

P. Inspection and Entry

The permittee shall allow representatives of MDE and EPA access at reasonable times to conduct an inspection of a regulated property or activity, or to review records that must be kept as a condition of this permit.

Q. Proper Operations and Maintenance

The permittee shall properly…