KAFB NPDES MS4 Permit.pdf

NPDES Permit No. NMR04A000 Page 2 of Part I

MIDDLE RIO GRANDE WATERSHED BASED MUNICIPAL SEPARATE STORM SEWER

SYSTEM PERMIT

Table of Contents

Cover Page Page

Part I INDIVIDUAL PERMIT CONDITIONS

A. Discharges Authorized Under This General Permit……………………………… ……… 6 of Part I

1. Permit Area……………………………………………………………………….…. 6 of Part I

2. Potentially Eligible MS4s……………………………………………………………. 6 of Part I

3. Eligibility……………………………………………………………………………. 6 of Part I

4. Authorized Non-Stormwater Discharges……………………………………………. 7 of Part I

5. Limitations on Coverage…………………………………………………………….. 7 of Part I

6. Authorization under This General Permit…………………………………………… 8 of Part I

a. Obtaining Permit Coverage…………………………………………………….. 8 of Part I

b. Terminating Coverage………………………………………………………….. 9 of Part I

B. Notice of Intent Requirements……………………………………………………………. 9 of Part I

1. Deadlines for Notification…………………………………………………………… 9 of Part I

a. Designations………………………………………………………………………. 9 of Part I

b. New Operators……………………………………………………………………. 10 of Part I

c. Submitting a Late NOI……………………………………………………………. 10 of Part I

d. End of Administrative Continued Coverage under Previous Permit……………… 10 of Part I

2. Contents of Notice of Intent…………………………………………………………. 11 of Part I

3. Where to Submit…………………………………………………………………….. 12 of Part I

4. Permittees with Cooperative Elements in their SWMP……………………………… 12 of Part I

C. Special Conditions………………………………………………………………………… 12 of Part I

1. Compliance with Water Quality Standards………………………………………….. 12 of Part I

2. Discharges to Impaired Waters with and without Approved TMDLs……………….. 15 of Part I

3. Endangered Species Act (ESA) Requirements………………………………………. 20 of Part I

a. Dissolved Oxygen Strategy in the Receiving Waters of the Rio Grande…………. 20 of Part I

b. Sediment Pollutant Load Reduction Strategy (Applicable to all permittees)…….. 22 of Part I

D. Stormwater Management Program (SWMP)……………………………………………... 23 of Part I

1. General Requirements……………………………………………………………….. 23 of Part I

2. Legal Authority……………………………………………………………………… 23 of Part I

3. Shared Responsibility and Cooperative Programs………………………………….. 24 of Part I

4. Measurable Goals…………………………………………………………………….. 24 of Part I

5. Control Measures…………………………………………………………………….. 25 of Part I

a. Construction Site Stormwater Runoff Control………………………………….. 25 of Part I

b. Post-Construction Stormwater Management in New Development and

Page 3 of Part I

Redevelopment………………………………………………………………….. 28 of Part I

c. Pollution Prevention/Good Housekeeping for Municipal/Permittee Operations.. 35 of Part I

d. Industrial and High Risk Runoff………………………………………………… 37 of Part I

e. Illicit Discharges and Improper Disposal……………………………………….. 39 of Part I

f. Control of Floatables Discharges……………………………………………….. 43 of Part I

g. Public Education and Outreach on Stormwater Impacts………………………… 44 of Part I

h. Public Involvement and Participation…………………………………………… 47 of Part I

6. Stormwater Management Review and Modification………………………………… 49 of Part I

a. Program Review………………………………………………………………… 49 of Part I

b. Program Modification…………………………………………………………… 50 of Part I

c. Program Modifications Required by EPA………………………………………. 50 of Part I

d. Transfer of Ownership, Operational Authority, or Responsibility for SWMP

Implementation…………………………………………………………..……… 50 of Part I

7. Retention of Program Records……………………………………………………….. 51 of Part I

8. Qualifying State, Tribal or Local Program…………………………………………… 51 of Part I

PART II NUMERIC DISCHARGE LIMITATIONS………………………………………….. 1 of Part II

Reserved

PART III MONITORING, ASSESSMENT, AND REPORTING REQUIREMENTS………… 1 of Part III

A. Monitoring and Assessment………………………………………………………………. 1 of Part III

1. Wet Weather Monitoring…………………………………………………………….. 1 of Part III

2. Dry Weather Monitoring…………………………………………………………..... 3 of Part III

3. Floatable Monitoring………………………………………………………………... 4 of Part III

4. Industrial and High Risk Runoff Monitoring……………………………………….. 4 of Part III

5. Additional Sample Type, Collection and Analysis…………………………………. 6 of Part III

B. Annual Report……………………………………………………………………………. 7 of Part III

1. SWMP(s) Status of Implementation………………………….……………………… 7 of Part III

2. SWMP Revisions…………………………………………………………………….. 7 of Part III

3. Performance Assessment…………………………………………………………….. 7 of Part III

4. Annual Expenditures…………………………………………………………………. 7 of Part III

5. Annual Report Responsibilities for Cooperative Programs………………………….. 7 of Part III

6. Public Review and Comment………………………………………………………… 8 of Part III

7. Signature on Certification of Annual Reports………………………………………... 8 of Part III

C. Certification and Signature of Reports……………………………………………………. 8 of Part III

D. Reporting: Where and When to Submit…………………………………………………… 8 of Part III

Page 4 of Part I

PART IV STANDARD PERMIT CONDITIONS………………………………………………. 1 of Part IV

A. Duty to Comply……………………………………………………………………………. 1 of Part IV

B. Penalties for Violations of Permit Conditions…………………………………………….. 1 of Part IV

1. Criminal Penalties…………………………………………………………………….. 1 of Part IV

2. Civil Penalties………………………………………………………………………… 1 of Part IV

3. Administrative Penalties……………………………………………………………… 1 of Part IV

C. Duty to Reapply…………………………………………………………………………… 2 of Part IV

D. Need to Halt or Reduce Activity not a Defense…………………………………………… 2 of Part IV

E. Duty to Mitigate…………………………………………………………………………… 2 of Part IV

F. Duty to Provide Information………………………………………………………………. 2 of Part IV

G. Other Information………………………………………………………………………….. 2 of Part IV

H. Signatory Requirements…………………………………………………………………… 2 of Part IV

I. Penalties for Falsification of Monitoring Systems………………………………………… 3 of Part IV

J. Oil and Hazardous Substance Liability……………………………………………………. 3 of Part IV

K. Property Rights……………………………………………………………………………. 3 of Part IV

L. Severability………………………………………………………………………………… 3 of Part IV

M. Requiring a Separate Permit………………………………………………………………. 3 of Part IV

N. State/Environmental Laws………………………………………………………………… 3 of Part IV

O. Proper Operation and Maintenance………………………………………………………... 4 of Part IV

P. Monitoring and Records………………………………………………………………….... 4 of Part IV

Q. Monitoring Methods………………………………………………………………………. 4 of Part IV.

R. Inspection and Entry………………………………………………………………………. 4 of Part IV

S. Permit Actions…………………………………………………………………………….. 5 of Part IV

T. Additional Monitoring by the Permittee(s)……………………………………………….. 5 of Part IV

U. Archaeological and Historic Sites…………………………………………………………. 5 of Part IV

V. Continuation of the Expired General Permit………………………………………………. 6 of Part IV

W. Permit Transfers…………………………………………………………………………… 7 of Part IV

X. Anticipated Noncompliance………………………………………………………………. 7 of Part IV

Y. Procedures for Modification or Revocation………………………………………………. 7 of Part IV

PART V PERMIT MODIFICATION………………………………………………………….. 1 of Part V

A. Modification of the Permit………………………………………………………….…….. 1 of Part V

B. Modification of the SWMP(s)…………………………………………………………….. 1 of Part V

C. Changes in Representative Monitoring Sites……………………………………………… 1 of Part V

PART VI SCHEDULES FOR IMPLEMENTATION AND COMPLIANCE………………….. 1 of Part VI

A. Implementation and Augmentation of the SWMP(s)……………………………………… 1 of Part VI

Page 5 of Part I

B. Compliance with Effluent Limitations…………………………………………………….. 1 of Part VI

C. Reporting Compliance with Schedules…………………………………………………….. 1 of Part VI

D. Modification of the SWMP(s)……………………………………………………………. 1 of Part VI

PART VII DEFINITIONS……………………………………………………………………… 1 of Part VII

PART VIII PERMIT CONDITIONS APPLICABLE TO SPECIFIC AREAS OR INDIAN COUNTY LANDS

Reserved……………………………………………...…………………………………………… 1 of Part VIII

APPENDICES

Appendix A: Middle Rio Grande Watershed Jurisdictions and Potential Permittees

Appendix B: Total Maximum Daily Loads (TMDLs)

Appendix C: Historic Properties Eligibility Procedures

Appendix D: Suggested Initial Phase Sampling Location Concepts – Wet Weather Monitoring

Appendix E: Providing Comments or Requesting a Public Hearing on an MS4 Operator’s NOI

Appendix F: Minimum Quantifications Levels (MQL’s)

Appendix G: Oxygen Saturation and Dissolved Oxygen Concentrations North Diversion Channel Area

Page 6 of Part I

PART I. INDIVIDUAL PERMIT CONDITIONS

A. DISCHARGES AUTHORIZED UNDER THIS PERMIT

1. Permit Area. This permit is available for MS4 operators within the Middle Rio Grande Sub-Watersheds described in Appendix A. This permit may authorize stormwater discharges to waters of the United States from MS4s within the Middle Rio Grande Watershed provided the MS4:

a. Is located fully or partially within the corporate boundary of the City of Albuquerque;

b. Is located fully or partially within the Albuquerque urbanized area as determined by the 2000 and 2010

Decennial Census. Maps of Census 2010 urbanized areas are available at:

http://water.epa.gov/polwaste/npdes/stormwater/Urbanized-Area-Maps-for-NPDES-MS4-Phase-II-Stormwater- Permits.cfm;

c. Is designated as a regulated MS4 pursuant to 40 CFR 122.32; or

d. This permit may also authorize an operator of a MS4 covered by this permit for discharges from areas of a regulated small MS4 located outside an Urbanized Areas or areas designated by the Director provided the permittee complies with all permit conditions in all areas covered under the permit.

2. Potentially Eligible MS4s. MS4s located within the following jurisdictions and other areas, including any designated by the Director, are potentially eligible for authorization under this permit:

- City of Albuquerque

- AMAFCA (Albuquerque Metropolitan Arroyo Flood Control Authority)

- UNM (University of New Mexico)

- NMDOT (New Mexico Department of Transportation District 3)

- Bernalillo County

- Sandoval County

- Village of Corrales

- City of Rio Rancho

- Los Ranchos de Albuquerque

- KAFB (Kirtland Air Force Base)

- Town of Bernalillo

- EXPO (State Fairgrounds/Expo NM)

- SSCAFCA (Southern Sandoval County Arroyo Flood Control Authority)

- ESCAFCA (Eastern Sandoval County Arroyo Flood Control Authority)

- Sandia Laboratories, Department of Energy (DOE)

- Pueblo of Sandia

- Pueblo of Isleta -Pueblo of Santa Ana

3. Eligibility. To be eligible for this permit, the operator of the MS4 must provide:

a. Public Participation: Prior submitting the Notice of Intent (NOI), the operator of the MS4 must follow the local notice and comment to procedures at Part I.D.5.h.(i).

b. National Historic Preservation Act (NHPA) Eligibility Provisions

In order to be eligible for coverage under this permit, the applicant must be in compliance with the National Historic Preservation Act. Discharges may be authorized under this permit only if:

Page 7 of Part I

(i) Criterion A: storm water discharges, allowable non-storm water discharges, and discharge-related activities do not affect a property that is listed or is eligible for listing on the National Register of Historic Places as maintained by the Secretary of the Interior; or

(ii) Criterion B: the applicant has obtained and is in compliance with a written agreement with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) (or equivalent tribal authority) that outlines all measures the MS4 operator will undertake to mitigate or prevent adverse effect to the historic property.

Appendix C of this permit provides procedures and references to assist with determining permit eligibility concerning this provision. You must document and incorporate the results of your eligibility determination in your SWMP.

The permittee shall also comply with the requirements in Part IV.U.

4. Authorized Non-Stormwater Discharges. The following non-stormwater discharges need not be prohibited unless determined by the permittees, U.S. Environmental Protection Agency (EPA), or New Mexico Environment Department (NMED) to be significant contributors of pollutants to the municipal separate storm sewer system (MS4). Any such discharge that is identified as significant contributor pollutants to the MS4, or as causing or contributing to a water quality standards violation, must be addressed as an illicit discharge under the illicit discharge and improper disposal practices established pursuant to Part I.D.5.e of this permit. For all of the discharges listed below, not treated as illicit discharges, the permittee must document the reason these discharges are not expected to be significant contributors of pollutants to the MS4. This documentation may be based on either the nature of the discharge or any pollution prevention/treatment requirements placed on such discharges by the permittee.

- potable water sources, including routine water line flushing;

- lawn, landscape, and other irrigation waters provided all pesticides, herbicides and fertilizers have been applied in accordance with approved manufacturing labeling and any applicable permits for discharges associated with pesticide, herbicide and fertilizer application;

- diverted stream flows;

- rising ground waters;

- uncontaminated groundwater infiltration (as defined at 40 CFR §35.2005 (20));

- uncontaminated pumped groundwater;

- foundation and footing drains;

- air conditioning or compressor condensate;

- springs;

- water from crawl space pumps;

- individual residential car washing;

- flows from riparian habitats and wetlands;

- dechlorinated swimming pool discharges;

- street wash waters that do not contain detergents and where no un-remediated spills or leaks of toxic or hazardous materials have occurred;

- discharges or flows from fire fighting activities (does not include discharges from fire fighting training activities); and,

- other similar occasional incidental non-stormwater discharges (e.g. non-commercial or charity car washes, etc.)

5. Limitations of Coverage. This permit does not authorize:

a. Non-Storm Water: Discharges that are mixed with sources of non-storm water unless such non-storm water discharges are:

(i) In compliance with a separate NPDES permit; or

(ii) Exempt from permitting under the NPDES program; or

Page 8 of Part I

(iii) Determined not to be a substantial contributor of pollutants to waters of the United States. See Part I.A.4.

b. Industrial Storm Water: Storm water discharges associated with industrial activity as defined in 40 CFR

§122.26(b)(14)(i)-(ix) and (xi).

c. Construction Storm Water: Storm water discharges associated with construction activity as defined in 40 CFR §122.26(b)(14)(x) or 40 CFR §122.26(b)(15).

d. Currently Permitted Discharges: Storm water discharges currently covered under another NPDES permit.

e. Discharges Compromising Water Quality: Discharges that EPA, prior to authorization under this permit, determines will cause, have the reasonable potential to cause, or contribute to an excursion above any applicable water quality standard. Where such a determination is made prior to authorization, EPA may notify you that an individual permit application is necessary in accordance with Part IV.M. However, EPA may authorize your coverage under this permit after you have included appropriate controls and implementation procedures in your SWMP designed to bring your discharge into compliance with water quality standards.

f. Discharges Inconsistent with a TMDL: You are not eligible for coverage under this permit for discharges of pollutants of concern to waters for which there is an applicable total maximum daily load (TMDL) established or approved by EPA unless you incorporate into your SWMP measures or controls that are consistent with the assumptions and requirements of such TMDL. To be eligible for coverage under this general permit, you must incorporate documentation into your SWMP supporting a determination of permit eligibility with regard to waters that have an EPA-established or approved TMDL. If a wasteload allocation has been established that would apply to your discharge, you must comply with the requirements established in Part I.C.2.b.(i). Where an EPA-approved or established TMDL has not specified a wasteload allocation applicable to municipal storm water discharges, but has not specifically excluded these discharges, adherence to a SWMP that meets the requirements in Part I.C.2.b.(ii) of this general permit will be presumed to be consistent with the requirements of the TMDL. If the EPA-approved or established TMDL specifically precludes such discharges, the operator is not eligible for coverage under this general permit.

6. Authorization Under This General Permit

a. Obtaining Permit Coverage.

(i) An MS4 operator seeking authorization to discharge under this general permit must submit electronically a complete notice of intent (NOI) to the e-mail address provided in Part I.B.3 (see suggested EPA R6 MS4 NOI format located in EPA website at http://epa.gov/region6/water/npdes/sw/ms4/index.htm), in accordance with the deadlines in Part I.B.1 of this permit. The NOI must include the information and attachments required by Parts I.B.2, Part I.A.3, Part I.D.5.h.(i), and I.A.5.f of this permit. By submitting a signed NOI, the applicant certifies that all eligibility criteria for permit coverage have been met. If EPA notifies a discharger (either directly, by public notice, or by making information available on the Internet) of other NOI options that become available at a later date, such as electronic submission of forms or information, the MS4 operator may take advantage of those options to satisfy the NOI submittal requirements.

(ii) If an operator changes or a new operator is added after an NOI has been submitted, the operator must submit a new or revised NOI to EPA.

(iii) An MS4 operator who submits a complete NOI and meets the eligibility requirements in Part I of this permit is authorized to discharge storm water from the MS4 under the terms and conditions of this general permit only upon written notification by the Director. After review of the NOI and any public comments on the NOI, EPA may condition permit coverage on correcting any deficiencies or on including a schedule to respond to any public comments. (See also Parts I.A.3 and Part I.D.5.h.(i).)

Page 9 of Part I

(iv) If EPA notifies the MS4 operator of deficiencies or inadequacies in any portion of the NOI (including the SWMP), the MS4 operator must correct the deficient or inadequate portions and submit a written statement to EPA certifying that appropriate changes have been made. The certification must be submitted within the time-frame specified by EPA and must specify how the NOI has been amended to address the identified concerns.

(v) The NOI must be signed and certified in accordance with Parts IV.H.1 and 4. Signature for the NOI, which effectively takes the place of an individual permit application, may not be delegated to a lower level under Part IV.H.2

b. Terminating Coverage.

(i) A permittee may terminate coverage under this general permit by submitting a notice of termination

(NOT). Authorization to discharge terminates at midnight on the day the NOT is post-marked for delivery to EPA.

(ii) A permittee must submit an NOT to EPA within 30 days after the permittee:

(a) Ceases discharging storm water from the MS4,

(b) Ceases operations at the MS4, or

(c) Transfers ownership of or responsibility for the facility to another operator.

(iii) The NOT will consist of a letter to EPA and must include the following information:

(a) Name, mailing address, and location of the MS4 for which the notification is submitted;

(b) The name, address and telephone number of the operator addressed by the NOT;

(c) The NPDES permit number for the MS4;

(d) An indication of whether another operator has assumed responsibility for the MS4, the discharger has ceased operations at the MS4, or the storm water discharges have been eliminated; and

(e) The following certification:

I certify under penalty of law that all storm water discharges from the identified MS4 that are authorized by an NPDES general permit have been eliminated, or that I am no longer the operator of the MS4, or that I have ceased operations at the MS4. I understand that by submitting this Notice of Termination I am no longer authorized to discharge storm water under this general permit, and that discharging pollutants in storm water to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by an NPDES permit. I also understand that the submission of this Notice of Termination does not release an operator from liability for any violations of this permit or the Clean Water Act.

(f) NOTs, signed in accordance with Part IV.H.1 of this permit, must be sent to the e-mail address in Part

I.B.3. Electronic submittal of the NOT required in the permit using a compatible Integrated Compliance Information System (ICIS) format would be allowed if available.

B. NOTICE OF INTENT REQUIREMENTS

1. Deadlines for Notification.

a. Designations: Small MS4s automatically designated under 40 CFR 122.32(a)(1), large MS4s located within the corporate boundary of the COA including the COA and former co-permittees under the NPDES permit No

Page 10 of Part I

NMS000101, and MS4s designated under 40 CFR 122.26(a)(1)(v), 40 CFR 122.26(a)(9)(i)(C) or (D), or 40 CFR 122.32(a)(2) are required to submit individual NOIs by the dates listed in Table 1. Any MS4 designated as needing a permit after issuance of this permit will be given an individualized deadline for NOI submittal by the Director at the time of designation.

In lieu of creating duplicate program elements for each individual permittee, implementation of the SWMP, as required in Part I.D, may be achieved through participation with other permittees, public agencies, or private entities in cooperative efforts to satisfy the requirements of Part D. For these programs with cooperative elements, the permittee may submit individual NOIs as established in Table 1. See also “Permittees with Cooperative Elements in their SWMP ” under Part.I.B.4 and “Shared Responsibilities and Cooperative Programs” under Part I.D.3.

Table 1 Deadlines to Submit NOI Permittee Class Type NOI Deadlines Class A: MS4s within the Cooperate Boundary of the COA including former co-permittees under the NPDES permit No

NMS000101

90 days from effective date of the permit or 180 days from effective date of the permit if participating in cooperative programs for one or more program elements.

Class B: MS4s designated under 40 CFR 122.32(a)(1). Based on 2000 Decennial Census Map

90 days from effective date of the permit or 180 days from effective date of the permit if participating in cooperative programs for one or more program elements.

Class C: MS4s designated under 40 CFR 122.26(a)(1)(v), 40 CFR 122.26(a)(9)(i)(C) or (D), or 40 CFR 122.32(a)(2) or MS4s newly designated under 122.32(a)(1) based on 2010 Decennial Census Map

180 days from effective date of the permit or notice of designation, unless the notice of designation grants a later date or;

180 days from effective date of the permit if participating in cooperative programs for one or more program elements.

Class D: MS4s within Indian Country Lands designed under 40 CFR 122.26(a)(1)(v), 122.26(a)(9)(i)(C) or (D), 122.32(a)(1), or 122.32(a)(2)

180 days from effective date of the permit or notice of designation, unless the notice of designation grants a later date or;

180 days from effective date of the permit if participating in cooperative programs for one or more program elements.

See Appendix A for list of potential permittees in the Middle Rio Grande Watershed

b. New Operators. For new operators of all or a part of an already permitted MS4 (due to change on operator or expansion of the MS4) who will take over implementation of the existing SWMP covering those areas, the NOI must be submitted 30 days prior to taking over operational control of the MS4. Existing permittees who are expanding coverage of their MS4 area (e.g., city annexes part of unincorporated county MS4) are not required to submit a new NOI, but must comply with Part I.D.6.d.

c. Submitting a Late NOI. MS4s not able to meet the NOI deadline in Table I and Part I.B.1.b due to delays in determining eligibility should notify EPA of the circumstance and progress to date at the address in Part I.B.3 and then proceed with a late NOI. MS4 operators are not prohibited from submitting an NOI after the dates provided in Table 1 and Part I.B.1.b. If a late NOI is submitted, the authorization is only for discharges that occur after permit coverage is effective. The permitting authority reserves the right to take appropriate enforcement actions for any unpermitted discharges.

d. End of Administrative Continued Coverage under Previous Permit. Administrative continuance is triggered by a timely reapplication. Discharges submitting an NOI for coverage under this permit are considered to have met

Page 11 of Part I the timely reapplication requirement if NOI is submitted by the deadlines included in Table 1 of Part I.B.1. For MS4s previously covered under either NMS000101 or NMR040000, continued coverage under those permits ends: a) the day after the applicable deadline for submittal of an NOI if a complete NOI has not been submitted or b) upon notice of authorization under this permit if a complete and timely NOI is submitted.

2. Contents of Notice of Intent. An MS4 operator eligible for coverage under this general permit must submit an NOI to discharge under this general permit. The NOI will consist of a letter to EPA containing the following information (see suggested EPA R6 MS4 NOI Format located in EPA website at http://www.epa.gov/region6/water/npdes/sw/ms4/index.htm) and must be signed in accordance with Part IV.H of this permit:

a. The legal name of the MS4 operator and the name of the urbanized area and core municipality (or Indian reservation/pueblo) in which the operator’s MS4 is located;

b. The full facility mailing address and telephone number;

c. The name and phone number of the person or persons responsible for overall coordination of the SWMP;

d. An attached location map showing the boundaries of the MS4 under the applicant’s jurisdiction. The map must include streets or other demarcations so that the exact boundaries can be located;

e. The area of land served by the applicant’s MS4 (in square miles);

f. The latitude and longitude of the approximate center of the MS4;

g. The name(s) of the waters of the United States that receive discharges from the system.

h. If the applicant is participating in a cooperative program element or is relying on another entity to satisfy one or more permit obligations (see Part I.D.3), identify the entity(ies) and the element(s) the entity(ies) will be implementing;

i. Information on each of the storm water minimum control measures in Part I.D.5 of this permit and how the

SWMP will reduce pollutants in discharges to the Maximum Extent Practicable. For each minimum control measure, include the following:

(i) Description of the best management practices (BMPs) that will be implemented;

(ii) Measurable goals for each BMP; and

(iii) Time frames (i.e., month and year) for implementing each BMP;

j. Based on the requirements of Part I.A.3.b describe how the eligibility criteria for historic properties have been met;

k. Indicate whether or not the MS4 discharges to a receiving water for which EPA has approved or developed a TMDL. If so, describe how the eligibility requirements of Part I.A.5.f and Part I.C.2 have been met.

Note: If an individual permittee or a group of permittees seeks an alternative sub-measureable goal for TMDL controls under Part I.C.2.b.(i).(c).B, the permittee or a group of permittees must submit a preliminary proposal with the NOI. This proposal shall include, but is not limited to, the elements included in Appendix B under Section B.2.

l. Signature and certification by an appropriate official (see Part IV.H). The NOI must include the certification statement from Part IV.H.4.

Page 12 of Part I

3. Where to Submit. The MS4 operator must submit the signed NOI to EPA via e-mail at R6_MS4Permits@epa.gov (note: there is an underscore between R6 and MS4) and NMED to the address provided in Part III.D.4. See also Part III.D.4 to determine if a copy must be provided to a Tribal agency.

The following MS4 operators: AMAFCA, Sandoval County, Village of Corrales, City of Rio Rancho, Town of

Bernalillo, SSCAFCA, and ESCAFCA must submit the signed NOI to the Pueblo of Sandia to the address provided in Part III.D.4.

Note: See suggested EPA R6 MS4 NOI Format located in EPA website at http://www.epa.gov/region6/water/npdes/sw/ms4/index.htm. A complete copy of the signed NOI should be maintained on site. Electronic submittal of the documents required in the permit using a compatible Integrated Compliance Information System (ICIS) format would be allowed if available.

4. Permittees with Cooperative Elements in their SWMP. Any MS4 that meets the requirements of Part I.A of this general permit may choose to partner with one or more other regulated MS4 to develop and implement a SWMP or SWMP element. The partnering MS4s must submit separate NOIs and have their own SWMP, which may incorporate jointly developed program elements. If responsibilities are being shared as provided in Part I.D.3 of this permit, the SWMP must describe which permittees are responsible for implementing which aspects of each of the minimum measures. All MS4 permittees are subject to the provisions in Part I.D.6.

Each individual MS4 in a joint agreement implementing a permit condition will be independently assessed for compliance with the terms of the joint agreement. Compliance with that individual MS4s obligations under the joint agreement will be deemed compliance with that permit condition. Should one or more individual MS4s fail to comply with the joint agreement, causing the joint agreement program to fail to meet the requirements of the permit, the obligation of all parties to the joint agreement is to develop within 30 days and implement within 90 days an alternative program to satisfy the terms of the permit.

C. SPECIAL CONDITIONS

1. Compliance with Water Quality Standards. Pursuant to Clean Water Act §402(p)(3)(B)(iii) and 40 CFR

§122.44(d)(1), this permit includes provisions to ensure that discharges from the permittee’s MS4 do not cause or contribute to exceedances of applicable surface water quality standards, in addition to requirements to control discharges to the maximum extent practicable (MEP) set forth in Part I.D. Permittees shall address stormwater management through development of the SWMP that shall include the following elements and specific requirements included in Part VI.

a. Permittee’s discharges shall not cause or contribute to an exceedance of surface water quality standards

(including numeric and narrative water quality criteria) applicable to the receiving waters. In determining whether the SWMP is effective in meeting this requirement or if enhancements to the plan are needed, the permittee shall consider available monitoring data, visual assessment, and site inspection reports.

b. Applicable surface water quality standards for discharges from the permittees’ MS4 are those that are approved by EPA and any other subsequent modifications approved by EPA upon the effective date of this permit found at New Mexico Administrative Code §20.6.4. Discharges from various portions of the MS4 also flow downstream into waters with Pueblo of Isleta and Pueblo of Sandia Water Quality Standards;

c. The permittee shall notify EPA and the Pueblo of Isleta in writing as soon as practical but not later than thirty

(30) calendar days following each Pueblo of Isleta water quality standard exceedance at an in-stream sampling location. In the event that EPA determines that a discharge from the MS4 causes or contributes to an exceedance of applicable surface water quality standards and notifies the permittee of such an exceedance, the permittee shall, within sixty (60) days of notification, submit to EPA, NMED, Pueblo of Isleta (upon request) and Pueblo of Sandia (upon request), a report that describes controls that are currently being implemented and additional controls that will be implemented to prevent pollutants sufficient to ensure that the discharge will no longer cause or contribute to an exceedance of applicable surface water quality standards. The permittee shall implement such additional controls upon notification by EPA and shall incorporate such measures into their SWMP as described in Part I.D of this permit. NMED or the affected Tribe may provide information

Page 13 of Part I documenting exceedances of applicable water quality standards caused or contributed to by the discharges authorized by this permit to EPA Region 6 and request EPA take action under this paragraph.

d. Phase I Dissolved Oxygen Program (Applicable only to the COA and AMAFCA as a continuation of program in 2012 NMS000101 individual permit): Within one year from effective date of the permit , the permittees shall revise the May 1, 2012 Strategy to continue taking measures to address concerns regarding discharges to the Rio Grande by implementing controls to eliminate conditions that cause or contribute to exceedances of applicable dissolved oxygen water quality standards in waters of the United States. The permittees shall:

(i) Continue identifying structural elements, natural or man-made topographical and geographical formations, MS4 operations activities, or oxygen demanding pollutants contributing to reduced dissolved oxygen in the receiving waters of the Rio Grande. Both dry and wet weather discharges shall be addressed. Assessment may be made using available data or collecting additional data;

(ii) Continue implementing controls, and updating/revising as necessary, to eliminate structural elements or the discharge of pollutants at levels that cause or contribute to exceedances of applicable water quality standards for dissolved oxygen in waters of the United States;

(iii) To verify the remedial action in the North Diversion Channel Embayment, the COA and AMAFCA shall continue sampling for DO and temperature until the data indicate the discharge does not exceed applicable dissolved oxygen water quality standards in waters of the United States; and

(iv) Submit a revised strategy to FWS for consultation and EPA for approval from a year of effective date of the permit and progress reports with the subsequent Annual Reports. Progress reports to include:

(a) Summary of data.

(b) Activities undertaken to identify MS4 discharge contribution to exceedances of applicable dissolved oxygen water quality standards in waters of the United States. Including summary of findings of the assessment required in Part I.C.1.d.(i).

(c) Conclusions drawn, including support for any determinations.

(d) Activities undertaken to eliminate MS4 discharge contribution to exceedances of applicable dissolved oxygen water quality standards in waters of the United States.

(e) Account of stakeholder involvement.

e. PCBs (Applicable only to the COA and AMAFCA as a continuation of program in 2012 NMS000101 individual permit and Bernalillo County): The permittee shall address concerns regarding PCBs in channel drainage areas specified in Part I.C.1.e.(vi) by developing or continue updating/revising and implementing a strategy to identify and eliminate controllable sources of PCBs that cause or contribute to exceedances of applicable water quality standards in waters of the United States. Bernalillo County shall submit the proposed PCB strategy to EPA within two (2) years from the effective date of the permit and submit a progress report with the third and with subsequent Annual Reports. COA and AMAFCA shall submit a progress report with the first and with the subsequent Annual Reports. The progress reports shall include:

(i) Summary of data.

(ii) Findings regarding controllable sources of PCBs in the channel drainages area specified in Part I.C.1.e.(vi) that cause or contribute to exceedances of applicable water quality standards in waters of the United States via the discharge of municipal stormwater.

(iii) Conclusions drawn, including supporting information for any determinations.

Page 14 of Part I

(iv) Activities undertaken to eliminate controllable sources of PCBs in the drainage areas specified in Part I.C.1.e.(vi) that cause or contribute to exceedances of applicable water quality standards in waters of the United States via the discharge of municipal stormwater including proposed activities that extend beyond the five (5) year permit term.

(v) Account of stakeholder involvement in the process.

(vi) Channel Drainage Areas: The PCB strategy required in Part I.C.1.e is only applicable to:

COA and AMAFCA Channel Drainage Areas:

- San Jose Drain

- North Diversion Channel

Bernalillo County Channel Drainage Areas:

- Adobe Acres Drain

- Alameda Outfall Channel

- Paseo del Norte Outfall Channel

- Sanchez Farm Drainage Area

A cooperative strategy to address PCBs in the COA, AMAFCA and Bernalillo County’s drainage areas may be developed between Bernalillo County, AMAFCA, and the COA. If a cooperative strategy is developed, the cooperative strategy shall be submitted to EPA within three (3) years from the effective date of the permit and submit a progress report with the fourth and with subsequent Annual Reports, Note: COA and AMAFCA must continue implementing the existing PCB strategy until a new Cooperative PCB Strategy is submitted to EPA.

f. Temperature (Applicable only to the COA and AMAFCA as a continuation of program in 2012 NMS000101 individual permit): The permittees must continue assessing the potential effect of stormwater discharges in the Rio Grande by collecting and evaluating additional data. If the data indicates there is a potential of stormwater discharges contributing to exceedances of applicable temperature water quality standards in waters of the United States, within thirty (30) days such as findings, the permittees must develop and implement a strategy to eliminate conditions that cause or contribute to these exceedances. The strategy must include:

(i) Identify structural controls, post construction design standards, or pollutants contributing to raised temperatures in the receiving waters of the Rio Grande. Both dry and wet weather discharges shall be addressed. Assessment may be made using available data or collecting additional data;

(ii) Develop and implement controls to eliminate structural controls, post construction design standards, or the discharge of pollutants at levels that cause or contribute to exceedances of applicable water quality standards for temperature in waters of the United States; and

(iii) Provide a progress report with the first and with subsequent Annual Reports. The progress reports shall include:

(a) Summary of data.

(b) Activities undertaken to identify MS4 discharge contribution to exceedances of applicable temperature water quality standards in waters of the United States.

(c) Conclusions drawn, including supporting information for any determinations.

(d) Activities undertaken to reduce MS4 discharge contribution to exceedances of applicable temperature water quality standards in waters of the United States.

(e) Accounting of stakeholder involvement.

Page 15 of Part I

2. Discharges to Impaired Waters with and without approved TMDLs. Impaired waters are those that have been identified pursuant to Section 303(d) of the Clean Water Act as not meeting applicable surface water quality standards. This may include both waters with EPA-approved Total Maximum Daily Loads (TMDLs) and those for which a TMDL has not yet been approved. For the purposes of this permit, the conditions for discharges to impaired waters also extend to controlling pollutants in MS4 discharges to tributaries to the listed impaired waters in the Middle Rio Grande watershed boundary identified in Appendix A.

a. Discharges of pollutant(s) of concern to impaired water bodies for which there is an EPA approved total maximum daily load (TMDL) are not eligible for this general permit unless they are consistent with the approved TMDL. A water body is considered impaired for the purposes of this permit if it has been identified, pursuant to the latest EPA approved CWA §303(d) list, as not meeting New Mexico Surface Water Quality Standards.

b. The permittee shall control the discharges of pollutant(s) of concern to impaired waters and waters with approved TMDLs as provided in sections (i) and (ii) below, and shall assess the success in controlling those pollutants.

(i) Discharges to Water Quality Impaired Water Bodies with an Approved TMDL

If the permittee discharges to an impaired water body with an approved TMDL (see Appendix B), where stormwater has the potential to cause or contribute to the impairment, the permittee shall include in the SWMP controls targeting the pollutant(s) of concern along with any additional or modified controls required in the TMDL and this section. The SWMP and required annual reports must include information on implementing any focused controls required to reduce the pollutant(s) of concern as described below:

(a) Targeted Controls: The SWMP submitted with the first annual report must include a detailed description of all targeted controls to be implemented, such as identifying areas of focused effort or implementing additional Best Management Practices (BMPs) that will be implemented to reduce the pollutant(s) of concern in the impaired waters.

(b) Measurable Goals: For each targeted control, the SWMP must include a measurable goal and an implementation schedule describing BMPs to be implemented during each year of the permit term.

Where the impairment is for bacteria, the permittee must, at minimum comply with the activites and schedules described in Table 1.a of Part I.C.2.(iii).

(c) Identification of Measurable Goal: The SWMP must identify a measurable goal for the pollutant(s) of concern. The value of the measurable goal must be based on one of the following options:

A. If the permittee is subject to a TMDL that identifies an aggregate Waste Load Allocation (WLA) for all or a class of permitted MS4 stormwater sources, then the SWMP may identify such WLA as the measurable goal. Where an aggregate WLA measurable goal is used, all affected MS4 operators are jointly responsible for progress in meeting the measurable goal and shall (jointly or individually) develop a monitoring/assessment plan. This program element may be coordinated with the monitoring required in Part III.A.

B. Alternatively, if multiple permittees are discharging into the same impaired water body with an approved TMDL (which has an aggregate WLA for all permitted stormwater MS4s), the MS4s may combine or share efforts, in consultation with/and the approval of NMED, to determine an alternative sub-measurable goal derived from the WLA for the pollutant(s) of concern (e.g., bacteria) for their respective MS4. The SWMP must clearly define this alternative approach and must describe how the sub-measurable goals would cumulatively support the aggregate WLA.

Where an aggregate WLA measurable goal has been broken into sub-measurable goals for individual MS4s, each permittee is only responsible for progress in meeting its WLA sub-measurable goal.

Page 16 of Part I

C. If the permittee is subject to an individual WLA specifically assigned to that permittee, the measurable goal must be the assigned WLA. Where WLAs have been individually assigned, or where the permittee is the only regulated MS4 within the urbanized area that is discharging into the impaired watershed with an approved TMDL, the permittee is only responsible for progress in meeting its WLA measurable goal.

(d) Annual Report: The annual report must include an analysis of how the selected BMPs have been effective in contributing to achieving the measurable goal and shallll include graphic representation of pollutant trends, along with computations of annual percent reductions achieved from the baseline loads and comparisons with the target loads.

(e) Impairment for Bacteria: If the pollutant of concern is bacteria, the permittee shall include focused BMPs addressing the five areas below, as applicable, in the SWMP and implement as appropriate. If a TMDL Implementation Plan (a plan created by the State or a Tribe) is available, the permittee may refer to the TMDL Implementation Plan for appropriate BMPs. The SWMP and annual report must include justification for not implementing a particular BMP included in the TMDL Implementation Plan. The permittee may not exclude BMPs associated with the minimum control measures required under 40 CFR §122.34 from their list of proposed BMPs. The BMPs shall, as appropriate, address the following:

A. Sanitary Sewer Systems

- Make improvements to sanitary sewers;

- Address lift station inadequacies;

- Identify and implement operation and maintenance procedures;

- Improve reporting of violations; and

- Strengthen controls designed to prevent over flows

B. On-site Sewage Facilities (for entities with appropriate jurisdiction)

- Identify and address failing systems; and

- Address inadequate maintenance of On-Site Sewage Facilities (OSSFs).

C. Illicit Discharges and Dumping

- Place additional effort to reduce waste sources of bacteria; for example, from septic systems, grease traps, and grit traps.

D. Animal Sources

- Expand existing management programs to identify and target animal sources such as zoos, pet waste, and horse stables.

E. Residential Education: Increase focus to educate residents on:

- Bacteria discharging from a residential site either during runoff events or directly;

- Fats, oils, and grease clogging sanitary sewer lines and resulting overflows;

- Decorative ponds; and

- Pet waste.

(f) Monitoring or Assessment of Progress: The permittee shall monitor or assess progress in achieving measurable goals and determining the effectiveness of BMPs, and shall include documentation of this monitoring or assessment in the SWMP and annual reports. In addition, the SWMP must include methods to be used. This program element may be coordinated with the monitoring required in Part III.A. The permittee may use the following methods either individually or in conjunction to evaluate progress towards the measurable goal and improvements in water quality as follows:

A. Evaluating Program Implementation Measures: The permittee may evaluate and report progress towards the measurable goal by describing the activities and BMPs implemented, by identifying the appropriateness of the identified BMPs, and by evaluating the success of implementing the measurable goals. The permittee may assess progress by using program implementation indicators

Page 17 of Part I such as: (1) number of sources identified or eliminated; (2) decrease in number of illegal dumping;

(3) increase in illegal dumping reporting; (4) number of educational opportunities conducted; (5) reductions in SSOs; or, 6) increase in illegal discharge detection through dry screening, etc.; and

B. Assessing Improvements in Water Quality: The permittee may assess improvements in water quality by using available data for segment and assessment units of water bodies from other reliable sources, or by proposing and justifying a different approach such as collecting additional instream or outfall monitoring data, etc. Data may be acquired from NMED, local river authorities, partnerships, and/or other local efforts as appropriate. Progress towards achieving the measurable goal shall be reported in the annual report. Annual reports shall report the measurable goal and the year(s) during the permit term that the MS4 conducted additional sampling or other assessment activities.

(g) Observing no Progress towards the Measurable Goal: If, by the end of the third year from the effective date of the permit, the permittee observes no progress toward the measurable goal either from program implementation or water quality assessments, the permittee shall identify alternative focused BMPs that address new or increased efforts towards the measurable goal. As appropriate, the MS4 may develop a new approach to identify the most significant sources of the pollutant(s) of concern and shall develop alternative focused BMPs (this may also include information that identifies issues beyond the MS4’s control). These revised BMPs must be included in the SWMP and subsequent annual reports.

Where the permittee originally used a measurable goal based on an aggregated WLA, the permittee may combine or share efforts with other MS4s discharging to the same impaired stream segment to determine an alternative sub-measurable goal for the pollutant(s) of concern for their respective MS4s, as described in Part I.C.2.b.(i).(c).B above. Permittees must document, in their SWMP for the next permit term, the proposed schedule for the development and subsequent adoption of alternative sub-measurable goals for the pollutant(s) of concern for their respective MS4s and associated assessment of progress in meeting those individual goals.

(ii) Discharges Directly to Water Quality Impaired Water Bodies without an Approved TMDL:

The permittee shall also determine whether the permitted discharge is directly to one or more water quality impaired water bodies where a TMDL has not yet been approved by NMED and EPA. If the permittee discharges directly into an impaired water body without an approved TMDL, the permittee shall perform the following activities:

(a) Discharging a Pollutant of Concern: The permittee shall:

A. Determine whether the MS4 may be a source of the pollutant(s) of concern by referring to the

CWA §303(d) list and then determining if discharges from the MS4 would be likely to contain the pollutant(s) of concern at levels of concern. The evaluation of CWA §303(d) list parameters should be carried out based on an analysis of existing data (e.g., Illicit Discharge and Improper Disposal Program) conducted within the permittee’s jurisdiction.

B. Ensure that the SWMP includes focused BMPs, along with corresponding measurable goals, that the permittee will implement, to reduce, the discharge of pollutant(s) of concern that contribute to the impairment of the water body. (note: Only applicable if the permittee determines that the MS4 may discharge the pollutant(s) of concern to an impaired water body without a TMDL.