JB_CHS_NPDES_General_Permit_for_SW_Discharges_from_SMS4.pdf

www.scdhec.gov/water

STATE OF SOUTH CAROLINA

NPDES GENERAL PERMIT

FOR

STORM WATER DISCHARGES

FROM

REGULATED SMALL MUNICIPAL

SEPARATE STORM SEWER SYSTEMS (SMS4)

The Permit is issued in compliance with the provisions of the SC Pollution Control Act (S.C. Code Sections 48- 1-10 et seq., 1976) and with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq., (hereafter CWA or the Act), as amended by the Water Quality Act of 1987, P.L. 100-4 and subsequent regulations. Upon being granted coverage under this general permit, operators of Regulated Small Municipal Separate Storm Sewer Systems that are described in Subpart 1.2 of this National Pollutant Discharge Elimination System (NPDES) general permit, except for those activities excluded from authorization of discharge in Subpart 1.3 of this permit, are authorized to discharge storm water to waters of the state of South Carolina in accordance with the conditions and requirements set forth herein.

Ann R. Clark, Director

Storm Water, Construction, Agricultural and Dams Permitting Division Bureau of Water

Permit No.: SCR030000 Issued: November 1, 2013

Effective: January 1, 2014 Expires: December 31, 2018

NPDES General Permit for Storm Water Discharges from Regulated SMS4, SCR030000.

Table of Contents

1 COVERAGE UNDER THIS PERMIT….…….…………………………………………………………...1

1.1 PERMIT AREA………………………………………………………………………………………………….… ………….1

1.2 ELIGIBILITY………………………………………………………………………………………………………………..…1

1.3 LIMITATIONS ON COVERAGE……………………………………………………………………………………………..2

1.4 OBTAINING AUTHORIZATION ……………………………………………………………………………………………3

1.5 MAXIMUM EXTENT PRACTICABLE (MEP)

2 NOTICE OF INTENT REQUIREMENTS

2.1 DEADLINES FOR NOTIFICATION

2.2 CONTENTS OF THE NOTICE OF INTENT

2.3 WHERE TO SUBMIT ……………………………………………………………………………………………………………..7

2.4 CO-PERMITTEES UNDER A SINGLE NOI ………………………………………………………………………………………...8

2.5 RENOTIFICATION ……………………………………………………………………………………………………………… .8

2.6 CONTINUATION OF THE EXPIRED PERMIT ………………………………………………………………………………………8

3 SPECIAL CONDITIONS APPLICABLE TO PERMITTED STORM WATER DISCHARGES TO

SENSITIVE WATERS

3.1 DETERMINATION OF RECEIVING WATER CONDITIONS AND IMPACTS………………………………………….9

3.2 TMDL MONITORING AND ASSESSMENT………………………………………………………………………………..9

3.3 TMDL IMPLEMENTATION AND ANALYSIS……………………………………………………………………………13

3.4 DISCHARGES TO IMPAIRED WATER BODIES…………………………………………………………………………14

3.5 DISCHARGES TO ORW, TROUT & SHELFISH CLASSIFIED WATERS PURSUANT TO SC R. 61-68 & 61-69……14

3.6 DISCHARGES TO SOURCE WATER PROTECTION AREAS (SWPA) ……………………….………………………..14

4 STORM WATER MANAGEMENT PROGRAMS (SWMP)………………………………………….15

4.1 REQUIREMENTS

4.2 MINIMUM CONTROL MEASURES

4.3 RESERVED

4.4 SHARING RESPONSIBILITY

4.5 REVIEWING AND UPDATING STORM WATER MANAGEMENT PROGRAMS (SWMP)

5 MONITORING, RECORD KEEPING, AND REPORTING

5.1 MONITORING

5.2 RECORD KEEPING

5.3 REPORTING

6 STANDARD PERMIT CONDITIONS…………………………………………………………………...39

7 DEFINITIONS …………………………………………………………………………………………….40

APPENDIX A - REGULATED SMALL MS4S IN SC

APPENDIX B – SC REG. 61-9 122.41, 122.22 & APPLICABLE CONDITIONS

ACRONYMS

BMP Best Management Practices BPJ Best Professional Judgment CDP Census Designated Place CEPSCI Certified Erosion Prevention and Sediment Control Inspector CFR Code of Federal Regulations COC Certificate of Coverage CWA Clean Water Act, 33 U.S.C. §1251 et. seq., Water Quality Act of 1987, P.L. 100-4 DHEC Department of Health and Environmental Control DMR Discharge Monitoring Report ELG Effluent Limitations Guidelines EPA Environmental Protection Agency ERP Enforcement Response Plan GPS Geographic Positioning System IDDE Illicit Discharge Detection and Elimination LCP Larger Common Plan MCM Minimum Control Measure MEP Maximum Extent Practicable, CWA §402(p)(3)(B)(iii), Federal Register/Vol. 63, No.6/Friday, January 9. 1998, SC Water

Pollution Control Permits Regulation 61-9 122.34(a) MS4 Municipal Separate Storm Sewer System, SC Water Pollution Control Permits Regulation 61-9 122.26(b)(4) or (7) MSGP Multi-Sector General Permit NOI Notice of Intent NOV Notice of Violation NSPS New Source Performance Standards NPDES National Pollutant Discharge Eliminating System ORW Outstanding Resource Water, SC Water Classifications & Standards 61-68 G PCA South Carolina Pollution Control Act PHF Pesticides, Herbicides and Fertilizers POC Pollutant of Concern QLP Qualifying State, Tribal, or local programs, SC Water Pollution Control Permits Regulation 61-9 122.34(c) & 122.44(s) SC South Carolina SFH Shellfish Harvesting, SC Water Classifications & Standards 61-68 G SMS4 Small Municipal Separate Sewer System, SC Water Pollution Control Permits Regulation 61-9 122.26(b)(16) SOP Standard Operating Procedure SWMP Storm Water Management Plan SWPA Source Water Protection Area SWP3 Stormwater Pollution Prevention Plan TMDL Total Maximum Daily Load, Title 40 Code of Federal Regulations (40 CFR) 130 & SC Regulation 61-110 TN Trout Natural, SC Water Classifications & Standards 61-68 G TPGT Trout Put Grow and Take, SC Water Classifications & Standards 61-68 G TPT Trout Put and Take, SC Water Classifications & Standards 61-68 G UA Urbanized Area as defined by the U.S. Bureau of Census WLA Waste Load Allocation WQBEL Water Quality Based Effluent Limitations WQMS Water Quality Monitoring Station WQS Water Quality Standards

- 1 -

1 Coverage Under this Permit

1.1 Permit Area

This permit authorizes discharges composed entirely of storm water from regulated Small Municipal Separate Storm Sewer Systems (SMS4) in all areas of the State of South Carolina including the Catawba Indian Nation.

1.2 Eligibility

1.2.1 This permit authorizes discharges composed entirely of storm water from SMS4 as defined in South Carolina Water Pollution Control Permits Regulation (SC 61-9) and also in Title 40 of the Code of Federal Regulations (40 CFR), 122.26(b)(16), as designated under either 122.26 or 122.32, or as required either under section 402(p)(3) of the Federal Water Pollution Control Act, Public Law 100-4, or by Title 33 of the United States Code (33 U.S.C. § 1251 et. seq., hereinafter referred as the Clean Water Act, CWA, or The Act). You are eligible to be authorized to discharge under the terms and conditions of this general permit if you:

1.2.1.1 Own or operate a SMS4 within the permit area described in Section 1.1,

1.2.1.2 Are not a “large” or “medium” MS4 as defined in SC 61-9 122.26(b)(4) or (7), and

1.2.1.3 Submit either a Notice of Intent (NOI) in accordance with Part 2 of this permit or an individual application in accordance with Sections 122.26, 122.33(b)(2) or (3) of SC 61-9, and

1.2.1.3.1 Are located fully or partially within an urbanized area as determined by the latest Decennial Census by the Bureau of Census, or

1.2.1.3.2 Are designated for permit authorization by SCDHEC or EPA pursuant to SC 61-9 (40 CFR) 122.26, 122.32 and 40 CFR §123.35.

1.2.2 The following are types of authorized discharges:

1.2.2.1 Storm water discharges. This permit authorizes storm water discharges to waters of the State or waters of the United States from the SMS4s identified in Section 1.2.1, except as excluded in Section 1.3.

1.2.2.2 Non-storm water discharges. You are authorized to discharge the following non-storm water sources provided that the Department has not determined these sources to be substantial contributors of pollutants to your SMS4:

a) Water line flushing

b) Landscape irrigation

c) Diverted stream flows

d) Rising ground waters

e) Uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.)

f) Uncontaminated pumped ground water

g) Discharges from potable water sources

h) Foundation drains

i) Air conditioning condensate

j) Irrigation water (not consisting of treated, or untreated, waste water)

k) Springs

l) Water from crawl space pumps

m) Footing drains

n) Lawn watering

o) Individual residential car washing

p) Natural flows from riparian habitats and wetlands

q) Dechlorinated swimming pool discharges

r) Street wash water

s) Discharges or flows from fire fighting activities

1.3 Limitations on Coverage

This permit does not authorize:

1.3.1 Discharges that are mixed with sources of non-storm water unless such non-storm water discharges are:

a) In compliance with a separate NPDES permit, or

b) Determined not to be a substantial contributor of pollutants to waters of the State.

1.3.2 Storm water discharges associated with industrial activity as defined in SC 61-9 122.26(b)(14)(i)-(ix) and (xi).

1.3.3 Storm water discharges associated with construction activity as defined in SC 61-9 122.26(b)(14)(x) or 122.26(b)(15).

1.3.4 Storm water discharges currently covered under another NPDES permit.

1.3.5 Discharges to territorial seas, the contiguous zone, and the oceans unless such discharges are in compliance with the ocean discharge criteria of 40 CFR Part 125, Subpart M. In addition to any other grounds specified herein, authorization to discharge shall be modified or revoked at any time if, on the basis of any new data, the EPA determines that continued discharges from a SMS4 covered under this permit cause unreasonable degradation of the marine environment. SC R. 61-9 122.44(d)(7).

1.3.6 New or expanding point source discharges that would cause or contribute to violations of water quality standards unless the Storm Water Management Plan (SWMP) contains schedules, objectives, and measurable goals accountable to the performance standards specified in this permit

1.3.7 Existing discharges that are causing or contributing to a violation of water quality standards unless the SWMP contains schedules, obligations, and measurable goals accountable to the performance standards specified in this permit.

1.3.8 Discharges of any pollutant into any water for which a Total Maximum Daily Load (TMDL) has been established unless the SWMP contains schedules, obligations, and measurable goals accountable towards achieving the waste load allocation (WLA) of the TMDL. Permitted SMS4 shall comply with any more stringent effluent limitations in the permit, including permit requirements that modify, or are in addition to, the minimum control measures based on an approved TMDL, or equivalent analysis.

The Department may include such more stringent limitations based on a TMDL or equivalent analysis that determines such limitations are needed to protect water quality. This permit ensures that water quality-based effluent limits developed to protect a narrative water quality criterion, a numeric water quality criterion, or both, are consistent with the assumptions and requirements of any available WLA for the discharge prepared by the State and approved by EPA pursuant to 40 CFR 130.7.

1.3.9 Any violation of specific standards for ground water quality as outlined in SC regulation 61-68 resulting from runoff discharged into the subsurface via storm water controls or storage / detention. .

1.4 Obtaining Authorization

To be authorized to discharge storm water from SMS4, a notice of intent (NOI), shall first be submitted, as follows,

1.4.1 SMS4 Dischargers already authorized under a South Carolina NPDES permit for Storm Water Discharges From Regulated Municipal Separate Storm Sewer Systems (MS4) on, or before, June 11, 2010 (hereinafter, EXISTING PERMITTEES) must reapply for coverage under this permit in accordance with 61-9 122.6(a) as requested by the Department. The complete reapplication NOI, signed and dated in accordance with SC 61-9 122.22 shall have been received no later than the expiration date of the prior permit (SC 61-9 122.21(d)(2)).

1.4.2 SMS4 Dischargers that were waived from coverage under the previous permit by SC DHEC Bureau of Water under 40 CFR § 123.35(h), that are listed for Automatic Designation in Federal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999, or those that are located within an urbanized area (UA) as defined by the U.S. Bureau of the Census upon availability of the 2010 decennial census data shall apply for coverage under this permit. Upon Department written notification, the complete NOI, signed and dated in accordance with SC 61-9 122.22, shall be received no later than six months from said notification. (SC 61-9 122.28(b)(2)(iii), 122.30(b), 122.32(f)(1)(ii), 122.32(g)).

1.4.3 SMS4 Dischargers that must be examined by SC DHEC Bureau of Water for Potential Designation under 40 CFR § 123.35(b)(2), Federal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999, shall apply for coverage under this permit. Upon Department written notification, the complete NOI, signed and dated in accordance with SC 61-9 122.22, shall be received no later than six months from said notification. (SC 61-9 122.28(b)(2)(iii), 122.30(b), 122.32(f)(1)(ii), 122.32(g)).

1.4.4 SMS4 Dischargers located within an urbanized area (UA) as defined by the U.S. Bureau of the Census. Upon availability of new decennial census data, SMS4 captured within the boundaries of an UA in the State will become automatically designated for permitting. The complete NOI, signed and dated in accordance with 61-9 122.22, shall be received no later than six months from the date the automatically designated SMS4 are notified by SC DHEC Bureau of Water. (SC 61-9 122.28(a)(1)(vi), 122.28(b)(iii), 122.30(b), 122.32 (a), (f) & (g), 122.33(c)).

1.4.5 SMS4 Dischargers designated by SC DHEC Bureau of Water according to 61-9 122.32 are eligible for coverage under this permit. The complete NOI, signed and dated in accordance with 61-9 122.22, shall be received no later than six months from the date the MS4 are notified by SC DHEC Bureau of Water (SC 61-9 122.28(a)(1)(vi), 122.28(b)(iii), 122.30(b), 122.32 (a), (f) & (g), 122.33(c)).

1.4.6 SMS4 Dischargers designated by SC DHEC Bureau of Water according to 61-9 122.26(a) may be eligible for coverage under this permit. In the cases where they are eligible, the complete NOI, signed and dated in accordance with 61-9 122.22, shall be received no later than six months from the date the SMS4 are notified by SC DHEC Bureau of Water (SC 61-9 122.26(a)(9)(ii) & (iii), 122.28(b)(iii), 122.30(b), 122.32 (a), (f) & (g), 122.33(c)).

1.4.7 The Department shall not issue coverage under this permit for any of the SMS4 Dischargers listed in Parts 1.4.1 – 6, above, before the NOI is completed to its satisfaction.

1.4.8 For areas annexed into your MS4 area after you received coverage under this general permit, the first annual report submitted after the annexation shall include the updates to your SWMP, as appropriate.

1.4.9 Small MS4 that submit an individual permit application may also be granted coverage under this general permit in lieu of SC DHEC issuing an individual MS4 NPDES permit. Provided, however, that if any Small MS4 demonstrates a basis for declining coverage under the general permit, then SC DHEC shall provide individual permit coverage.

1.4.10 SMS4 who submit a complete NOI in accordance with the requirements of the Department are authorized to discharge storm water from SMS4 under the terms and conditions of this permit from the effective date of permit coverage issued to the SMS4 by the Department. The Department may deny coverage under this permit and require submittal of an application for an individual NPDES permit based on a review of the NOI or other information at any time (SC 61-9 122.28 & 124.52).

1.4.11 Alternative Permits.

1.4.11.1 The Department Requests an MS4 to seek Coverage under either an Individual, or under an Alternative Permit.

The Department may require MS4 to apply for and / or obtain authorization to discharge under either an individual NPDES permit or an alternative NPDES general permit in accordance with S.C. R.61-9 122.28(b)(3), 122.64 and 124.5. Any interested person may petition the Department to take action under this paragraph. If the Department requires a MS4 to apply for an individual NPDES permit under this paragraph, the Department will notify the MS4 in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and will provide application information. In addition, if the MS4 is an existing discharger authorized under this permit, the notice will set a deadline to file the permit application, and will also include a statement that on the effective date of the individual NPDES permit, or the alternative general permit as it applies to you, coverage under this general permit will be terminated. If a MS4 covered under this permit, failed to submit an individual NPDES permit application as required by the Department, then the applicability of this permit to the MS4 is terminated at the end of the day specified by the Department as the deadline for application submittal. The Department may take appropriate enforcement action for any unauthorized discharge.

1.4.11.2 Permittee Requests Coverage under an either an Individual, or under an Alternative Permit.

A MS4 may request to be excluded from coverage under this general permit by applying for an individual permit. In such a case, the MS4 must submit an individual permit application in accordance with all applicable requirements of S.C. R.61-9.122.26(d)(1) & (2), 122.34, and 122.41 - 44 with reasons supporting the request, to the Department at the address listed in Part 2.3 of this permit. The request may be granted by issuance of an individual permit or authorization of coverage under an alternative general permit, if the MS4 reasons are adequate to support the request. When an individual NPDES permit is issued to a MS4, or a MS4 is authorized to discharge under an alternative NPDES general permit, the authorization to discharge under this permit is terminated on the effective date of the individual permit, or on the date of authorization to discharge under the alternative general permit.

1.5 Maximum Extent Practicable (MEP)

Maximum Extent Practicable (MEP) is the technology-based control standard used in the NPDES municipal storm water program against which SC DHEC Bureau of Water and permittees assess whether or not an adequate level of control has been proposed in the storm water management program (SWMP).

This term is defined by §403(p)(3)(B) of the Clean Water Act, by SC Water Pollution Control Permits Regulation 61-9 122.34(a) and by Federal Register / Vol. 63, No.6, p.1574 / Friday. January 9. 1998.

This permit:

1.5.1 Requires owners, or operators, to effectively prohibit non-stormwater discharges into their SMS4,

1.5.2 Requires controls to reduce the discharge of pollutants from SMS4 to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods determined appropriate for the control of such pollutants,

1.5.3 Requires, at a minimum, to develop, implement and enforce a SWMP designed to reduce the discharge of pollutants from SMS4 to the MEP, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act (CWA).

1.5.3.1 SWMP must include the minimum control measures (MCM) in Part 4.2 of this permit. Narrative water quality based effluent limitations (WQBEL) requiring implementation of Best Management Practices (BMP) are included in Part 3 to satisfy technology requirements (including reduction of pollutants to the MEP) and to protect water quality.

1.5.3.2 Implementation of BMP consistent with the provisions of the SWMP and with the requirements and timetables in this permit constitutes compliance with the standard of reducing pollutants to the

MEP.

2 Notice of Intent Requirements

2.1 Deadlines for Notification

2.1.1 If you are the owner / operator of a regulated SMS4, either defined under SC 61-9 122.26(b)(16), located in an Urbanized Area (UA), or otherwise designated under 122.32, you shall apply for and obtain coverage under an NPDES permit, or apply for a modification of an existing NPDES permit according to part 1.4 above, unless your SMS4 has been specifically exempted by a waiver granted under SC 61-9 122.32(d) or (e).

2.1.2 Additional designations after the date of permit issuance. If your SMS4 is designated by the Department after the effective term of this permit (hereinafter NEW PERMITTEES), you are required to submit an NOI and a description of your SWMP as required in parts 1.4.2 – 8.

2.1.3 Submitting a Late NOI. You are not prohibited from submitting an NOI after the dates provided in this section. If a late NOI is submitted, your authorization is only for discharges that occur after permit coverage is granted. The Department reserves the right to take appropriate enforcement actions for any unpermitted discharges.

2.2 Contents of the Notice of Intent

The Notice(s) of Intent shall be signed in accordance with Section 122.22 of SC 61-9. In addition to the requirements in part 1.4, applicable to your SMS4, the following information shall be included:

2.2.1 Information on the Permittee:

2.2.1.1 The name of your municipal entity/tribe/state agency/federal agency, mailing address, and telephone number;

2.2.1.2 An indication of whether you are a Federal, State, Tribal, or other public entity;

2.2.2 Information on the SMS4:

2.2.2.1 The Urbanized Area or Core Municipality (if you are not located in an Urbanized Area) where your system is located; the name of your organization, county(ies), city(ies), town(s) or parish(es) where your SMS4 is located, and the latitude and longitude of an approximate center of your SMS4.

Maps submitted to the Department should not exceed a “D” size, 24 in. by 36 in. and the scale of the maps should be at least 1 inch equals 1,000 feet but not more than 1 inch equals 2,000 feet.

Electronic maps, in a format suitable to the Department, may be submitted in lieu of the size D maps.

2.2.2.2 The name of the waters of the State and an indication of whether any of your receiving waters are on the latest CWA §303(d) list of impaired waters or have Total Maximum Daily Load (TMDL) allocated to them.

2.2.2.3 An indication of whether all or a portion of the SMS4 is located on Indian Country lands.

2.2.2.4 A list of entities such as military bases, large hospitals, prison complexes, universities, sewer districts, highway departments and others that operate a small separate storm sewer system and are located within your SMS4 area. Indicate whether they are an integral part of your SMS4.

2.2.2.5 If you are relying on another entity to satisfy one or more of your permit obligations (see Section 4.4), the identity of that entity(ies) and the element(s) they will be implementing.

2.2.2.6 Information on your chosen BMP and the measurable goals for each of the storm water minimum control measures in Section 4.2 of this permit, your time frame for implementing each of the BMP, and the person or persons responsible for implementing or coordinating your SWMP.

2.3 Where to Submit

You are to submit your NOI, signed in accordance with the signatory requirements of Section 122.22 of SC Regulation 61-9 (see Appendix B of this permit), to the Department at the following address:

SCDHEC Bureau of Water Storm Water Permitting Section

2600 Bull Street Columbia, SC 29201

2.4 Co-Permittees Under a Single NOI

You may partner with other MS4 to develop and implement your SWMP. You may also jointly submit an NOI with one or more SMS4. Each SMS4 must obtain authorization under this permit by filling out the NOI form required in part 1.4 of this permit. The description in the SWMP shall clearly indicate which permittees are responsible for implementing each of the control measures.

2.5 Renotification

Permittees authorized to discharge under this NPDES General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems, SCR030000, will be granted coverage under the next general permit upon approval of a new NOI. The re-application NOI must be submitted to the Department no later than 180 days prior to the expiration date of this permit unless otherwise indicated by the Department. The re-application NOI shall consist of all the requirements stipulated under 2.2 of this part, signed in accordance with Section 122.22 of SC 61-9 and a copy of the most recent “Annual Report” required under Subpart 5.3 including any updates of this Annual Report The Department reserves the right to request additional information to supplement the application requirements.

2.6 Continuation of the Expired Permit

The conditions of this permit, if expired, continue in force under S.C. Code section 1-23-370(b) until the effective date of a new permit (see SC Water Pollution Control Permits Regulation 61-9.124.15), if:

2.6.1 The permittee has submitted a timely application under R.61-9 122.21 which is a complete (under R.61-9 122.21(e)) application for a new permit; and

2.6.2 The Department, through no fault of the permittee does not issue a new permit with an effective date under R.61-9.124.15 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints); or

2.6.3 The permittee has submitted a timely application under section R.61-9 122.21(d)(2) which is a complete application under R.61-9 122.21(e)(1) for a new permit and makes a timely appeal of the new permit. See Part 2.5, Renotification.

2.6.4 While, and if the expired permit is continued, Annual Reports are due every year on the anniversary date of the expired permit. In the case of NEW PERMITTEES, Annual Reports will be due on the anniversary date of their respective certificate of coverage.

3 SPECIAL CONDITIONS APPLICABLE TO PERMITTED STORM WATER DISCHARGES TO

SENSITIVE WATERS

For the purpose of this permit, sensitive waters are waters:

With a TMDL developed and approved, or established by EPA, Included in the most recent SC DHEC Bureau of Water Clean Water Act (CWA) Section 303(d) list approved by EPA, That pursuant to SC DHEC Bureau of Water Classifications & Standards (R.61-68) & Classified Waters

(R.61-69) regulations are classified as either;

Outstanding National Resource Waters (ONRW) Outstanding Resource Waters (ORW) Trout Waters (Natural (TN), Put, Grow, and Take (TPGT) & Put and Take (TPT), or Shellfish Harvesting Waters (SFH), and

In Source Water Protection Areas (SWPA)

3.1 Determination of receiving water conditions and impacts

3.1.1 Permittees shall determine whether their SMS4 discharges to receiving waters within a TMDL watershed or with a listing in the latest CWA §303(d) list of impaired waters that is associated with a water quality monitoring station (WQMS). Visit: http://www.scdhec.gov/tmdl

3.1.1.1 Permittees shall refer to the most recent CWA §303(d) list approved by EPA to determine WQMS impairment status and to identify the pollutant(s) of concern (POC). This information shall be updated in the SMS4 annual reports subsequent to a SC CWA §303(d) 303(d) list being approved by EPA (2012, 2014 etc.)

3.1.1.2 For all TMDLs, permittees shall determine whether POC have potential to occur in SMS4 storm water discharges. This information shall be included in the annual reports. If intended uses are fully supported for a particular TMDL, no further action on the permittee’s part is needed for that

TMDL.

3.2 TMDL Monitoring and Assessment

3.2.1 Where a TMDL Wasteload Allocation (WLA) is assigned to point sources, permittees shall review its SWMP requirements for the control of stormwater discharges to WQMS identified in the TMDL. For SMS4 discharges of the pollutant(s) of concern to TMDL waters, permittees shall identify discharges located in the TMDL watershed draining to the impaired WQMS. The SWMP shall include a TMDL Monitoring and Assessment Plan. The Monitoring and Assessment Plan component shall;

3.2.1.1 Be completed and submitted to the SC DHEC Bureau of Water, as follows;

3.2.1.1.1 For EXISTING PERMITTEES, as defined in Part 1.4.1 of this permit, within 12 months of the effective date of permit coverage for existing TMDL.

3.2.1.1.2 For NEW PERMITTEES, as defined in Parts 1.4.2 – 7 & 2.1.2, authorized to discharge storm water from their SMS4 for the first time under this permit (or, for EXISTING PERMITTEES, where additional SMS4 areas annexed under 1.4.8 or SMS4 boundaries have expanded) within 24 months of the effective date of permit coverage for existing TMDL.

3.2.1.1.3 Monitoring and Assessment Plans, applicable to EXISTING and to NEW PERMITTEES under parts 3.2.1.1.1 & 2 above respectively, shall be submitted within 12 months of the EPA-approval or establishment of new TMDL (Effective Date of the TMDL), after the first year of permit coverage.

3.2.1.2 Describe the activities permittees will conduct to address applicable WLA, including at a minimum the following elements:

3.2.1.2.1 The monitoring plan to measure the pollutant levels discharged from SMS4 outfalls to waters subject to TMDL shall include:

a. Schedule for conducting monitoring to be initiated as follows;

i. Not more than 18 months from the Effective Date of this permit for existing TMDL in the case of EXISTING PERMITTEES,

ii. Not more than 30 months from the Effective Date of the Certificate of Coverage for existing TMDL, and, for TMDL issued 24 months after the Effective Date of the Certificate of Coverage in the case of NEW PERMITTEES.

iii. The monitoring plan for subsequently issued TMDL shall include a schedule for monitoring activities to be initiated no more than 18 months from the effective date of the TMDL for EXISTING and for NEW PERMITTEES.

b. Requirements to monitor the pollutants of concern, on a frequency necessary to determine statistically significant seasonal pollutant loads baseline, with duration of not less than two years. Minimum frequency and representativeness are stipulated as follows:

i. Samples and measurements taken for the purpose of the TMDL Monitoring Plan shall:

(1) Be representative of the SMS4 discharges,

(2) Be reasonably distributed in time, while maintaining representative sampling,

(3) Not be terminated for the purpose of preventing the analysis results from a permit or water quality violation,

(4) Describe and consider frequency, mass and/or rate of discharge, as appropriate, and,

(5) Be expressed in terms of units or measurements consistent with the requirements contained in the WLA.

ii. The information contained in the TMDL Monitoring Plan shall include:

(1) Monitoring locations, appropriate for representative data collection

(2) Explanation of why monitoring is being conducted for selected locations

(3) A Description of whether the location(s) are representative and contribute to pollutant loads,

(4) An indication the seasons during which sampling is intended,

(5) The pollutant of concern, or its surrogate(s), as a sampling parameter,

(6) Description of the sampling equipment, and,

(7) A rationale supporting the proposed monitored location(s) as reflective of water quality concerns to the MEP.

iii. The TMDL monitoring plan shall focus on the pollutant of concern, or its surrogates, to characterize the quality and quantity of the SMS4 permitted discharges to evaluate the progress toward the WLA and / or Water Quality Standards (WQS) attainment by implementing one, or a combination, of the following strategies to the MEP:

(1) In-stream monitoring, and / or

(2) Outfall monitoring.

Monitoring location(s) should be selected based on one, all, or a combination of the following basis:

(a) % MS4 area draining to the WQMS, at least 25%,

(b) Collection of a representative contributing watershed,

(c) Inclusion of the entire TMDL watershed within the MS4.

iv. Established field and sampling protocols shall be followed when characterizing MS4 discharges, such as:

(1) Guidance for collecting samples under the stormwater permitting program while fulfilling NPDES stormwater sampling needs is provided in the NPDES Stormwater Sampling Guidance Document (EPA 833-8-92-001) and it is incorporated by reference herein. It can be found by visiting, http://www.epa.gov/npdes/pubs/owm0093.pdf

(2) Technical assistance and support for MS4 subject to NPDES program regulations for storm water point source discharges can be found in the Guidance Manual For the Preparation of NPDES Permit Applications for Discharges from Municipal Separate Storm Sewer Systems (EPA-833-B-92-002) and it is incorporated by reference herein. Visit, http://www.epa.gov/npdes/pubs/owm0246.pdf

v. Permittees may collect composite samples using different protocols than those indicated in Part 3.2.1.2.1.b.ii above with respect to the time duration subject to the approval of SC

DHEC.

vi. Where field analysis does not involve analytical methods approved under 40 CFR 136, permittees shall provide a description of the method used including the name of the manufacturer of the test method along with the range and accuracy of the test.

vii. When no analytical method is approved, permittees may use any suitable method but must provide a description of the method.

viii. For each monitoring location selected in Parts 3.2.1.2.1.b.ii(1) & (7) above, samples of storm water discharges shall be collected at a minimum of once per season per year.

ix. Samples collected under 3.2.1.2.1.b.viii for laboratory analysis for all wet weather flows established under Part 3.2.1.2.1.b.ii(1) & (7) viii discharged from the SMS4, shall be analyzed for the POC, or surrogates, in the TMDL.

x. For SMS4 discharges to tidal influenced waters, alternative accepted sampling protocols may be used to collect the samples required in 3.2.1.2.1.b.viii above. A description of the methodology used shall be provided as required by SC-R 61-9 122.26(d)(1)(iv)(D) & (d)(2)(iii). Adherence to 3.2.1.2.1.b.viii (1) – (4) to the MEP is expected.

Documentation of any deviation is required.

c. Biological monitoring may be appropriate at some locations to demonstrate the recovery of biological communities after implementation of stormwater control measures. Monitoring locations in receiving waters must be at least both upstream and downstream of major MS4 discharges, with a frequency of at least annual basis for the permit term. Regardless, the monitoring type, representativeness of the location, pollutant(s) of concern and / or parameters to be sampled, description of sampling equipment and sampling frequency of ambient waters should be strategically designed to demonstrate the level of progress made towards meeting the applicable WLA and addressing impairments in the receiving and/or in downstream waters;

d. For each pollutant of concern, permittees shall report on the progress of the characterization of the relative pollutant levels from various SMS4 discharges to TMDL waters. Resulting data shall be included in every annual report following the commencement of monitoring for TMDL pollutant characterization.

3.2.1.2.2 Assessment of achieving the WLA / WQS consists of

a. Process and schedule for assessing the monitoring data to prioritize areas of the SMS4 that will be targeted for implementation of BMP,

b. Process and schedule for selection of appropriate BMP that will implement the WLA to the MEP, will protect water quality, and will satisfy the appropriate water quality requirements of the Clean Water Act, and,

c. Updates to TMDL Monitoring and Assessment Plans to be submitted in each annual report.

d. Progress on the TMDL Monitoring and Assessment Plan shall be documented in the Annual

Report.

3.3 TMDL Implementation and Analysis

3.3.1 Permittees shall initiate the monitoring described in Section 3.2.1.1 above.

3.3.1.1 Any monitoring data and information generated from the previous year of the monitoring program to satisfy the provisions under Section 3.2 must be made available to SC DHEC upon request.

3.3.2 Permittees shall complete and submit TMDL Implementation Plans for approved TMDL as follows;

3.3.2.1 Within 48 months from the Effective Date of this permit, or 48 months from the new TMDL effective date, for EXISTING PERMITTEES, and,

3.3.2.2 Within 60 months from the Effective Date of the Certificate of Coverage, or 60 months from the new TMDL effective date, for NEW PERMITTEES.

3.3.3 TMDL Implementation Plans submitted to SC DHEC Bureau of Water under 3.3.2 shall describe the following:

3.3.3.1 Assessment of the monitoring data. Where long-term data is available, this assessment should include an analysis of the data to show trends;

3.3.3.2 Prioritization of areas targeted for BMP implementation and underlying rationale;

3.3.3.3 Structural and nonstructural BMP to address the WLA. Permittees should include a brief explanation of why the BMP are selected (e.g., expected load reductions or percent of capture); and,

3.3.4 Schedule for completing BMP implementation as soon as practicable. The schedule shall describe all of the BMP implementation activities that are expected to occur during the current and the next permit term. In addition to the BMP implementation activities that are expected to occur during the current permit cycle, the TMDL Implementation Plan shall include proposed monitoring to be used to evaluate the effectiveness of the BMP and facilitate the iterative revision of the BMP Implementation Plan to achieve progress towards addressing the TMDL's WLA as long as the intended uses are not supported.

3.3.5 Permittees shall implement those elements of the TMDL Implementation Plan that are scheduled to occur within the term of this permit. Schedules and plans herein are part of the re-application process.

3.3.6 Progress on the TMDL Implementation and Analysis shall be documented in the Annual Report.

3.3.7 Should there be no water quality improvement of the discharges from permitted SMS4 resulting from BMP implementation, permittees may be required to implement additional control measures, to make changes to the TMDL implementation plan, or to seek an individual permit, as needed.

3.4 Discharges to Impaired Water Bodies

3.4.1 Applicability. For SMS4 discharges of the pollutant(s) of concern to impaired waters listed with monitoring stations listed in the 303(d) list, permittees shall:

3.4.1.1 Determine whether storm water discharges from any part of SMS4 covered under this permit contribute directly or indirectly to an impaired water body with monitoring stations listed in accordance with Section 303(d) of the CWA. If your SMS4 has discharges meeting this criterion, you must comply with Section 3.4.1.2; if you do not, Section 3.4 does not apply to your SMS4.

3.4.1.2 If SMS4 have “303(d)” discharges described above, you must also determine whether TMDL have been developed by SCDHEC, and approved by EPA, for listed waterbody(ies). If no TMDL is assigned, your SMS4 must comply with parts 3.1.2 and 3.4.2. If TMDL are in effect, or assigned after submitting the NOI, you must comply with sections 3.1 to 3.3.

3.4.2 Water Quality Controls for Discharges to Impaired Water Bodies. The SWMP shall include a section describing how BMP implementation will not cause or contribute to violations of water quality standards in water bodies with impaired monitoring stations identified by the SC DHEC Bureau of Water under Section 303(d) of the Federal Clean Water Act or under 40 CFR § 130.7.

The SWMP shall specifically identify BMP, control techniques, system design, and engineering methods and such other provisions deemed appropriate for control of the pollutants of concern.

3.5 Discharges to waters classified as Outstanding Resource (ORW), Trout (TN, TPGT & TPT), or Shellfish Harvesting (SFH), pursuant to SC DHEC Bureau of Water Classifications & Standards (R.61-68) Classified Waters (R.61-69).

3.5.1 Determine whether storm water from any part of the SMS4 covered under this permit discharges directly or indirectly to any water classified as Outstanding Resource (ORW), Trout (TN, TPGT & TPT), or Shellfish Harvesting Waters (SFH) pursuant to SC DHEC Bureau of Water Classifications & Standards (R.61-68) Classified Waters (R.61-69), or to Source Water Protection Areas (SWPA), including groundwater protection areas.

3.5.2 If you have discharges meeting any of these criteria, you must comply with Sections 3.4.2 & 3.6 as applicable; if you do not, Section 3.5 does not apply to your SMS4.

3.6 Discharges to Source Water Protection Areas (SWPA)

3.6.1 SWPA, including groundwater protection areas, should be afforded the protection necessary to support its uses through MCM implementation in the SMS4 area.

4 Storm Water Management Programs (SWMP)

4.1 Permit Requirements

4.1.1 You shall develop, implement, and enforce a SWMP designed to reduce the discharge of pollutants from your SMS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. The SWMP shall include management practices; control techniques and system, design, and engineering methods; and such other provisions as the Department determines appropriate for the control of such pollutants.

4.1.2 Requirement to Develop SWMP. Permittees must revise and update its written SWMP document and submit the SWMP to SC DHEC Bureau of Water as follow;

4.1.2.1 EXISTING PERMITTEES, identified in Section 1.4.1, will submit their revised SWMP along with an up-to-date NOI, if applicable, six months from the effective date of this permit. Permittees must continue to implement the current SWMP until the revised SWMP is submitted. Existing Sensitive Waters (Part 3) at the time of re-application must be identified in the submittal as required in Part 2.2.2.2.

4.1.2.2 NEW PERMITTEES, identified in Sections 1.4.2 – 1.4.8 & 2.1.2, will submit their NOI as required in the written notification on the SMS4 designation. The SWMP shall be developed as required in Section 4.1.9 below. Existing Sensitive Waters (Part 3) at the time of application must be identified in the submittal as required in Part 2.2.2.2.

4.1.3 Contents of the SWMP document. – At a minimum, the permittee shall include the following information in its SWMP document:

4.1.3.1 Ordinances, or other regulatory mechanisms, providing the legal authority necessary to implement and enforce the requirements of this permit;

4.1.4 Requirement to Develop Adequate Legal Authority to Implement and Enforce SWMP

4.1.4.1 Within one year from the effective date of this permit [24 months from the effective date of their certificate of coverage for NEW PERMITTEES identified in Parts 1.4.2 – 1.4.8 & 2.1.2], permittees shall review and revise their relevant ordinances, or adopt any new ordinances or other regulatory mechanisms, that provide them with adequate legal authority to control pollutant discharges into and from their SMS4, and to meet the requirements of this permit.

4.1.4.2 In order to be considered adequate, this legal authority shall, at a minimum, address the following:

a. Authority to Prohibit Illicit Discharges – Prohibit and eliminate illicit connections and discharges to the MS4. Illicit connections include pipes, drains, open channels, or other conveyances that have the potential to allow an illicit discharge to enter the MS4. Illicit discharges include all non-stormwater discharges except those from fire fighting activities, discharges from NPDES permitted industrial sources and discharges not otherwise authorized under Part 1.2.2.2 & 1.3 of this permit.

b. Allowable Non-Stormwater Discharges –Exceptions to the prohibition in Part 1.2.2.1 may include the following, only if they are considered non-significant contributors of pollutants:

water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.

c. Authority to Prohibit Spills or Other Releases – Control the discharge of spills, and prohibit dumping or disposal of materials other than stormwater into the MS4.

d. Authority to Require Compliance – Require compliance with conditions in the permittee’s ordinances, permits, contracts, or orders (i.e., hold dischargers accountable for their contributions of pollutants and flows).

e. Authority to Require Installation, Implementation, and Maintenance of Control Measures for owners/operators of construction sites, new development and redevelopment (including industrial and commercial activities without an NPDES industrial storm water permit) to minimize the discharge of pollutants to the MEP and to protect water quality.

f. Authority to Receive and Collect Information – Permittee must have the authority to request from operators of construction sites, new or redeveloped land, including industrial and commercial facilities information including, but not limited to, specific requirements to control construction, industrial and post-construction discharges of pollutants in storm water. Should include authority to enforce, penalize, stop work, require compliance, etc.

for controlling pollutants from these sources.

g. Authority to Inspect – Permittees must have the authority to enter private property for the purpose of inspecting any facilities, equipment, practices, or operations related to stormwater discharges to determine whether there is compliance with local stormwater control ordinances/standards or requirements in this Permit.

h. Response to Violations – The permittee must have the ability to promptly require that violators cease and desist illicit discharges or discharges of stormwater in violation of any ordinance or standard and/or cleanup and abate such discharges, including the ability to:

1. Effectively require the discharger to abate and clean up their discharge, spill, or pollutant release within a time frame consistent with the procedures outlined in the SWMP; or

2. For uncontrolled sources of pollutants that could pose an environmental threat, require abatement within a time frame consistent with the procedures outlined in the SWMP;

or,

3. Perform the clean up and abatement work and bill the responsible party, if necessary.

4. If a situation persists where pollutant-causing sources or activities are not abated, provide the option to order the cessation of activities until such problems are adequately addressed.

5. When all parties agree that clean-up activities cannot be completed within the timeframe provided, determine a new timeframe and notify SC DHEC.

i. Monetary Penalties – The permittee must have the ability to:

1. Levy citations or administrative fines against responsible parties.

2. Require recovery and remediation costs from responsible parties.

j. Civil/Criminal Penalties – The permittee must have the ability to impose more substantial civil or criminal sanctions (including referral to a city or district attorney) and escalate corrective response, consistent with its enforcement response plan developed pursuant to Part 4.1.4, for persistent non-compliance, repeat or escalating violations, or incidents of major environmental harm.

k. Interagency Agreements – Control of the contribution of pollutants from one portion of the shared MS4 to another portion of the MS4 through interagency agreements or other similar agreements with other MS4 owners, wherever and whenever such agreements are effective.

4.1.4.3 Permittees shall include as part of its written SWMP document a certification that they have taken the necessary steps to obtain and maintain full legal authority to implement and enforce each of the requirements contained in this permit. This statement must include:

a. Identification of all departments within the permittee’s jurisdiction that conduct stormwater-related activities. Identify departments and/or positions (including contact information) responsible for implementing the SWMP.

b. Identification of the local administrative and legal procedures and ordinances available to mandate compliance with stormwater-related ordinances and therefore with the conditions of this permit.

c. A description of how stormwater-related ordinances are implemented and appealed.

d. A description of whether the municipality can issue administrative orders and injunctions, or whether it must go through the court system for enforcement actions.

4.1.5 Enforcement Measures and Tracking

4.1.5.1 Permittee shall implement within 12 months from the effective date of this permit, and revise as necessary, an enforcement response plan (ERP), which sets out permittee’s potential responses to violations and addresses repeat and continuing violations through progressively stricter responses as needed to achieve compliance.

4.1.5.2 Enforcement Tracking. Permittees shall track instances of non-compliance either in hard-copy files or electronically.

4.1.5.3 Recidivism Reduction. – Permittees must summarize inspection results by consuetudinary violators and include incentives, disincentives, or an increased inspection frequency at the operator’s sites.

4.1.6 Requirement to Ensure Adequate Resources to Comply with SMS4 Permit. The owner / operator of a SMS4 authorized to discharge stormwater under this permit must submit the following information in the annual report. Information shall include:

4.1.6.1 The status of implementing the components of the storm water management program that are established as permit conditions;

4.1.6.2 Proposed changes to the storm water management programs that are established as permit conditions;

4.1.6.3 Revisions, if necessary, to the assessment of controls and the fiscal analysis, including a description of staff resources necessary to meet the requirements of this permit;

4.1.6.4 A summary of data, including monitoring data, that is accumulated throughout the reporting year;

and,

4.1.6.5 A summary describing the number and nature of enforcement actions, inspections, and public education programs.

4.1.7 Your SWMP shall include the following information for each of the six minimum control measures (MCM) described in Section 4.2 of this…