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Michigan General Permit

Get the Application in Microsoft Word Format

PERMIT NO. MIG619000

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
WASTEWATER DISCHARGE GENERAL PERMIT

Storm Water Discharges from Municipal Separate Storm Sewer Systems (MS4s) Subject to Watershed Plan Requirements

In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq; the "Federal Act"), Michigan Act 451, Public Acts of 1994, as amended (the "Michigan Act"), Parts 31 and 41, and Michigan Executive Orders 1991‑31, 1995‑4 and 1995‑18, storm water and non-storm water (as specified in Part I.A.1.) is authorized to be discharged from the separate storm water drainage systems of those permittees specified in individual "certificates of coverage" in accordance with the conditions set forth in this general National Pollutant Discharge Elimination System (NPDES) permit (the "permit").

The applicability of this permit shall be limited to point source discharges of storm water and non-storm water (as specified in Part I.A.1.) from municipal separate storm water drainage systems which have requested coverage under this general permit and have not been determined by the Michigan Department of Environmental Quality (the "Department") to need an individual NPDES permit or coverage under the NPDES general permit "Storm Water Discharges from MS4s Subject to the Six Minimum Measures." Discharges which may cause or contribute to a violation of a water quality standard are not authorized by this permit.

In order to constitute a valid authorization to discharge, this permit must be complemented by a certificate of coverage issued by the Department. The following will be identified in the certificate of coverage:

  • The watershed boundaries that are to be covered by a Watershed Management Plan (WMP),
  • The submittal date for the process to facilitate the involvement of the watershed jurisdictions and the public in the development of the WMP,
  • The submittal dates for the Illicit Discharge Elimination Plan (IDEP) and the Public Education Plan (PEP) (or a revised IDEP or PEP),
  • The submittal date for the WMP,
  • The submittal date for the Storm Water Pollution Prevention Initiative (SWPPI) and implementation schedule,
  • Any deferred areas for a portion of a permittee's urbanized area,
  • The submittal date for the Annual Progress Reports,
  • The submittal date for the revised WMP (or a written determination not to revise the WMP), and
  • The submittal date for the revised SWPPI (or a written determination not to revise the SWPPI).

Unless specified otherwise, all contact with the Department required by this permit shall be to the position(s) indicated in the certificate of coverage, and all Department approvals specified in this permit shall be by the position(s) indicated in the certificate of coverage.

In accordance with Section 324.3118 of the Michigan Act, the permittee shall make payment of an annual storm water fee to the Department. In response to the Department's annual notice, the permittee shall submit the fee, which shall be postmarked no later than March 15 of each year.

The terms and conditions of this general permit shall apply to the permittee on the effective date of a certificate of coverage issued to the permittee. The Department may grant a contested case hearing on this general permit in accordance with the Michigan Act. Any person who is aggrieved by this permit may file a sworn petition with the Office of Administrative Hearings of the Michigan Department of Environmental Quality, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Department may grant a contested case hearing on the certificate of coverage issued to the permittee under this general permit in accordance with Rule 2192(c) (Rule 323.2192 of the Michigan Administrative Code).

This general permit shall take effect April 1, 2003. The provisions of this permit are severable. After notice and opportunity for a hearing, this permit may be modified, suspended or revoked in whole or in part during its term in accordance with applicable laws and rules.

This general permit shall expire at midnight, April 1, 2008.

Issued 12/05/02 .

(signed)
D. Steven Eldredge
Chief, Surface Water Permits Section
Water Division

 

PART I

Section A. Authorizations and Coverage Provisions

1. Authorized Discharges

  1. Eligible Permittees

    Except as excluded below, any governmental entity that has ownership or control of discharges through separate storm water drainage systems may be eligible for coverage under this general permit including, but not limited to, a county, a city, a village, a township, a county road commission, an entity with jurisdiction under the Drain Code for an inter-county or intra-county drain, a public school district, a public college or university, a department or agency of the state, and a department or agency of the federal government.

    A city, village, or township (primary jurisdiction) permittee may have, within its political or territorial boundaries, smaller "nested" drainage systems owned or operated by public bodies such as school districts, public universities, or county, state, or federal agencies. If the primary jurisdiction and the nested jurisdiction agree to cooperate in carrying out the responsibilities for control of the drainage system, the nested jurisdiction does not need to apply for a separate storm water drainage system permit. Otherwise, the nested jurisdiction shall apply for a permit.

    The Department will determine eligibility on a case-by-case basis. Coverage will be granted only if the Department determines there is a sufficient number of participating watershed partners to ensure implementation of an effective WMP.

    Non-governmental entities (such as individuals, private schools, private colleges and private universities, or industrial and commercial entities) are explicitly not eligible for coverage under this general permit. However, these entities are encouraged to participate in WMP development within their watershed.

  2. Storm Water Discharges by the Permittee

    This permit authorizes the discharge of storm water from municipal separate storm water drainage systems to the waters of the state. Following approval of the SWPPI (Part I.B.2.a.), the discharge of storm water from new point source discharges in the permittee's separate storm water drainage system are authorized only if in accordance with the approved SWPPI.

  3. Discharges Authorized under other NPDES Permits

    The discharge of storm water commingled with discharges authorized under other NPDES permits is authorized under this permit.

  4. Non-Storm Water Discharges

    The following non-storm water discharges are not authorized in this document, but do not need to be prohibited by the permittee, unless they are identified as significant contributors of pollutants to the regulated separate storm water drainage system:

    • water line flushing,
    • landscape irrigation runoff,
    • diverted stream flows,
    • rising groundwaters,
    • uncontaminated groundwater infiltration (as defined by 40 CFR 35.2005(20)),
    • pumped groundwaters (except for groundwater cleanups not specifically authorized by NPDES permits),
    • discharges from potable water sources,
    • foundation drains,
    • air conditioning condensates,
    • irrigation waters,
    • springs,
    • water from crawl space pumps,
    • footing drains and basement sump pumps,
    • lawn watering runoff,
    • waters from non-commercial car washing,
    • flows from riparian habitats and wetlands,
    • residential swimming pool waters and other permitted, dechlorinated swimming pool waters without untreated filter backwash, and
    • residual street wash waters.

    Discharges or flows from emergency fire fighting activities are exempt from prohibition by the permittee, but shall be addressed by the permittee if they are identified as significant sources of pollutants to waters of the state.

    A swimming pool operated by the permittee shall not be discharged to the storm water drainage system, or directly to waters of the state, without specific NPDES authorization from the Department.

 

2. Application Requirements

The applicant shall submit an application to the Department when requesting coverage under this general permit. The applicant shall provide the following information:

  1. The applicant's legal name, mailing address, storm water program manager, watershed name, and proposed watershed partners.
  2. A map showing the boundary for the proposed watershed (this may be a watershed or sub-watershed).
  3. The location of any known point source discharges of storm water and the receiving water(s) within the applicant's regulated area, unless the Department accepts an alternate submission that still adequately represents the applicant's known MS4s. This requirement can be satisfied by providing an existing map of the separate storm water drainage system.
  4. A map of the applicant's political/territorial boundaries and regulated area, indicating the hydrologic boundaries and the approximate square mileage for both the drainage and urbanized areas (for urbanized areas where WMPs are deferred, the map shall define the boundaries of the urbanized area within the applicant's political or territorial boundaries and include that area for coverage under the permit).
  5. A primary jurisdiction shall submit to the Department: 1) the name and general description of each nested jurisdictional area or drainage system for which a cooperative agreement has been reached to carry out storm water discharge responsibilities; and 2) the name of other nested jurisdictional areas or drainage systems within their political or territorial boundaries for which they have information that indicates a separate storm water drainage system permit may be required. Additionally, the primary jurisdiction may submit documentation of its efforts to notify the nested jurisdictions that they need to either get their own permits or work cooperatively under one permit. The primary jurisdiction shall be responsible for assuring compliance with this general permit for those nested jurisdictions with which they have entered into an agreement and listed as part of the application for this permit.
  6. Any permittee eligible for coverage under the NPDES general permit "Storm Water Discharges from MS4s Subject to the Six Minimum Measures" who applies for this general permit within a watershed where a WMP has already been developed and submitted to the Department, in accordance with NPDES Permits MIG610000 or MIG619000, shall submit an approvable SWPPI and implementation schedule (Part I.B.2. of this general permit) to the Department as part of the application, or in accordance with another schedule set by the Department.

 

3. IDEP and PEP Submittal

Within one year after the effective date of the certificate of coverage, the permittee shall submit to the Department an approvable IDEP and PEP, or updates for existing Plans to comply with current permit requirements. The submission shall include the following:

  1. Illicit Discharge Elimination Plan (IDEP)

    The applicant shall submit an IDEP, or an update to an existing IDEP, to prohibit and effectively eliminate illicit discharges (including the discharge of sanitary wastewater) to the applicant's separate storm water drainage system for the regulated area. At a minimum, the IDEP shall include the following:

    1. a program to find, prioritize and eliminate illicit discharges and illicit connections identified during dry weather screening activities;
    2. a description of a program to minimize infiltration of seepage from sanitary sewers and on-site sewage disposal systems into the applicant's separate storm water drainage system;
    3. a method for determining the effectiveness of the illicit discharge elimination activities which shall, at a minimum, result in the inspection of each storm water point source every five years unless the Department approves an alternative schedule (an alternative schedule may focus efforts on urbanized areas and cover other regulated areas less frequently, based on watershed goals); and
    4. an updated map of the location of each known storm water point source and the respective receiving water or drainage system (the Department may accept an alternate submission if the permittee demonstrates that the submission will be sufficient in the effective elimination of illicit discharges).

    "Illicit connection" means a physical connection to the separate storm water drainage system that 1) primarily conveys illicit discharges into the system and/or 2) is not authorized or permitted by the local authority (where a local authority requires such authorization or permit).

    "Illicit discharge" means any discharge (or seepage) to the separate storm water drainage system that is not composed entirely of storm water or uncontaminated groundwater. Examples of illicit discharges include dumping of motor vehicle fluids, household hazardous wastes, grass clippings, leaf litter, or animal wastes, or unauthorized discharges of sewage, industrial waste, restaurant wastes, or any other non-storm water waste into a separate storm water drainage system.

  2. Public Education Plan (PEP)

    The applicant shall submit a PEP, or an update to an existing PEP. The PEP shall promote, publicize, and facilitate watershed education for the purpose of encouraging the public to reduce the discharge of pollutants in storm water to the maximum extent practicable. The PEP may involve combining with or coordinating existing programs for public stewardship of water resources. Pollution prevention shall be encouraged. The PEP shall describe a method for determining the effectiveness of the various public education activities.

    "Public" shall be defined to include all persons who potentially could affect the quality of storm water discharges, including, but not limited to, residents, visitors to the area, businesses, commercial operations, and construction activities.

    The PEP shall be designed to accomplish, at a minimum, the following as appropriate based on the potential impact on the watershed:

    1. education of the public about their responsibility and stewardship in their watershed;

    2. education of the public on the location of residential separate storm water drainage system catch basins, the waters of the state where the system discharges, and potential impacts from pollutants from the separate storm water drainage system;

    3. encouragement of public reporting of the presence of illicit discharges or improper disposal of materials into the applicant's separate storm water drainage system,

    4. education of the public on the need to minimize the amount of residential, or non-commercial, wastes washed into nearby catch basins (this should include the preferred cleaning materials and procedures for car, pavement, or power washing; the acceptable application and disposal of pesticides and fertilizers; and the effects caused by grass clippings, leaf litter, and animal wastes that get flushed into the waterway),

    5. education of the public on the availability, location and requirements of facilities for disposal or drop-off of household hazardous wastes, travel trailer sanitary wastes, chemicals, yard wastes, and motor vehicle fluids; and

    6. education of the public concerning management of riparian lands to protect water quality.

Upon Departmental approval, the permittee shall begin implementation of the IDEP and PEP. If the Department does not take action to approve or comment on the Plans within 90 days of submittal, the permittee shall begin implementation of these Plans as submitted. The Department may notify the permittee at any time that the Plans do not meet minimum requirements. Such notification shall identify why the Plan does not meet minimum requirements. The permittee shall make the required changes to the Plans within 90 days after such notification from the Department. The permittee shall submit written certification of the changes to the Department as part of the annual report.

 

4. Identification of Additional Point Source Discharges of Storm Water

If the permittee becomes aware of any separate storm water drainage system discharges which were not identified in the application, the permittee shall provide the following information to the Department as part of the annual progress report (Part I.B.3.):

  1. the location of the discharge of storm water for which coverage is requested,
  2. the receiving water for the discharge, and
  3. any necessary updates to the map of the drainage area indicating the hydrologic boundary and approximate square miles of the coverage area (originally submitted with the application).

These requirements can be satisfied by providing an updated map of the permittee's separate storm water drainage system.

 

5. Expiration and Reissuance

If the permittee wishes to continue a discharge authorized under this permit beyond the permit's expiration date, the permittee shall submit a completed application, and any other documents requested by the Department, to the Department on or before October 1, 2007. A person holding a valid certificate of coverage under an expired general permit shall continue to be subject to the terms and conditions of the expired permit until the permit is terminated, revoked, or reissued. Coverage under a reissued permit can only begin on the effective date of the reissued permit.

If this permit is modified or reissued, the permittee shall: a) request coverage under the modified or reissued permit, b) apply for an individual NPDES permit, c) apply for another general NPDES permit, or d) request termination of discharge authorization. Lacking an adequate response, the permittee's authorization to discharge shall expire on the effective date of the reissued or modified permit.

If this permit is terminated or revoked, all authorizations to discharge under the permit shall expire on the date of termination or revocation.

 

6. Requirement to Obtain an Individual Permit

The Department may require any person who is authorized to discharge by a certificate of coverage and this permit, to apply for and obtain an individual NPDES permit if any of the following circumstances apply:

  1. the discharge is a significant contributor to pollution as determined by the Department on a case-by-case basis;
  2. the discharger is not complying or has not complied with the conditions of the permit;
  3. a change has occurred in the availability of demonstrated technology or practices for the control or abatement of waste applicable to the point source discharge;
  4. effluent standards and limitations are promulgated for point source discharges subject to this permit; and
  5. the Department determines that the criteria under which the permit was issued no longer apply.

Any person may request the Department to take action pursuant to the provisions of Rule 2191 (Rule 323.2191 of the Michigan Administrative Code).

 

7. Discharges Requiring Separate Authorization

  1. Tracer Dye Discharges

    This general permit does not authorize the discharge of tracer dyes without approval from the Department. Requests to discharge tracer dyes shall be submitted to the Department in accordance with Rule 1097 (Rule 323.1097 of the Michigan Administrative Code).

  2. Water Treatment Additives

    In the event a permittee proposes to discharge water additives, the permittee shall submit a request to discharge water additives to the Department for approval. Such requests shall be sent to the Surface Water Quality Assessment Section, Water Division, Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909, with a copy to the Department contact listed on the certificate of coverage. Instructions to submit a request electronically may be obtained via the Internet (http://www.michigan.gov/deq and on the left side of the screen click on Water, Water Quality Monitoring, and Assessment of Michigan Waters; then click on the Water Treatment Additive List which is under the Information banner). Written approval from the Department to discharge such additives at specified levels shall be obtained prior to discharge by the permittee. Additional monitoring and reporting may be required as a condition for the approval to discharge the additive.

    A request to discharge water additives shall include all of the following water additive usage and discharge information:

    1. Material Safety Data Sheet;
    2. the proposed water additive discharge concentration;
    3. the discharge frequency (i.e., number of hours per day and number of days per year);
    4. the monitoring point from which the product is to be discharged;
    5. the type of removal treatment, if any, that the water additive receives prior to discharge;
    6. product function (i.e. microbiocide, flocculant, etc.);
    7. a 48-hour LC50 or EC50 for a North American freshwater planktonic crustacean (either Ceriodaphnia sp., Daphnia sp., or Simocephalus sp.); and
    8. the results of a toxicity test for one other North American freshwater aquatic species (other than a planktonic crustacean) that meets a minimum requirement of Rule 323.1057(2) of the Water Quality Standards.

Prior to submitting the request, the permittee may contact the Surface Water Quality Assessment Section by telephone at 517-335-4184 or via the Internet at the address given above to determine if the Department has the product toxicity data required by items 7) and 8) above. If the Department has the data, the permittee will not need to submit product toxicity data.

 

Section B. Watershed Management

1. Watershed Management Plan (WMP)

The permittee shall participate in the development and implementation of a WMP. The purpose of the WMP is to identify and execute the actions needed to resolve water quality and water quantity concerns by fostering cooperation among the various public and private entities in the watershed. Those concerns related to Total Maximum Daily Loads (TMDLs) established within the watershed should be included and details for those actions specific to storm water controls shall be listed in the WMP (the Department recognizes that some of the actions required to meet the goals of some TMDLs may involve actions outside of the authorization of this general storm water permit). The emphasis of the WMP shall be to mitigate the undesirable impacts caused by wet weather discharges from separate storm water drainage systems.

Those people most affected by management decisions should participate in the development of the WMP and shape key decisions. By the date specified in the certificate of coverage, the process to facilitate the involvement of the watershed jurisdictions and the public (i.e., "the Public Participation Process") in the development of the WMP shall be submitted to the Department for approval. A person, group, or agency responsible for coordinating the development of the WMP shall be identified. Where multiple permittees are responsible for submittal of a WMP for the same watershed, one coordinated public participation process shall be submitted by all of the permittees.

The WMP shall cover the watershed(s) identified on the certificate of coverage. By the date specified in the certificate of coverage, the permittee shall submit the WMP to the Department. (Note: the WMP requirement may be deferred until a later time for a portion of the permittee's jurisdiction. The WMP shall not be deferred for the permittee's entire urbanized area. Any portion of the jurisdiction that is deferred will be indicated on the certificate of coverage.) Significant components of the WMP which do not have complete agreement of the participants shall be detailed in an appendix to the WMP [including a description of the WMP component, identification of participants who disagreed with the component, reasons for disagreement (if provided), and suggested alternatives (if provided)]. Procedures for revising the WMP shall be identified. Where multiple permittees are responsible for submittal of a WMP for the same watershed, one WMP shall be submitted on behalf of all the permittees. Comments provided by the Department within 90 days of submittal of the WMP should be addressed by the participants.

The permittee may choose to demonstrate that a watershed(s) other than that specified on the certificate of coverage is appropriate. This demonstration shall be submitted to the Department for approval.

The WMP should be developed based on sound guiding principles. EPA's "Watershed Approach Framework" (EPA 840-S096-001, June 1996) and MDEQ's "Developing a Watershed Management Plan for Water Quality: An Introductory Guide" (February 2000) may be helpful in establishing a framework for a WMP. Collectively, WMP participants should employ sound scientific data, tools, and techniques in an iterative decision making process. The typical steps in a watershed planning process, that may be used to develop a WMP, are as follows:

  1. assessment and characterization of the natural resources and the communities that depend upon them,
  2. goal setting and identification of environmental objectives based on the condition or vulnerability of resources and the needs of the aquatic ecosystem and the people within the community,
  3. identification of priority problems and opportunities (including any TMDL established for a parameter within the watershed that may be affected by storm water),
  4. development of specific management options and action plans,
  5. implementation of the action plans, and
  6. evaluation of effectiveness and revision of plans, as needed.

The permittee shall use the WMP to develop a SWPPI that specifies the permittee's obligations under the WMP. In order to produce an approvable SWPPI, as a minimum, a WMP shall contain:

  • an assessment of the nature and status of the watershed ecosystem to the extent necessary to achieve the purpose of the WMP;
  • short-term measurable objectives for the watershed;
  • long-term goals for the watershed (which shall include both the protection of designated uses of the receiving waters as defined in Michigan's Water Quality Standards, and attaining compliance with any TMDL established for a parameter within the watershed);
  • determination of the actions needed to achieve the short-term measurable objectives for the watershed;
  • determination of the actions needed to achieve the long-term goals for the watershed;
  • assessment of both the benefits and costs of the actions identified above (a "cost/benefit analysis" is not required);
  • commitments, identified by specific permittee or others as appropriate, to implement actions by specified dates necessary to achieve the short-term measurable objectives;
  • commitments, identified by specific permittee or others as appropriate, to implement actions by specified dates necessary to initiate achievement of the long-term goals; and
  • methods for evaluation of progress, which may include chemical or biological indicators, flow measurements, erosion indices, and public surveys.

The permittee-specific commitments shall be elaborated upon and included in the SWPPI (Part I.B.2.a.) and may include modifications to the previously submitted IDEP and PEP.

Watershed Management is an iterative process of decision making. Therefore, revisions to the WMP are expected from time to time. By the date specified in the certificate of coverage, a revised WMP (or a written determination not to revise the WMP) shall be submitted to the Department for comment.

 

2. Storm Water Pollution Prevention Initiative (SWPPI)

  1. SWPPI Submission

    By the date specified in the certificate of coverage, the permittee shall submit an approvable SWPPI and implementation schedule to the Department. The SWPPI shall be designed and implemented to reduce the discharge of pollutants to the maximum extent practicable, shall be consistent with the WMP developed under Part I.B.1., shall include those actions expected to be implemented over the term of this permit, shall identify methods for determining the effectiveness of the actions to be implemented, and may cover urbanized areas (with a deferred WMP) outside of the watershed boundary included in the WMP. The SWPPI shall be implemented upon approval of the Department.

    1. The submission of the SWPPI shall, at a minimum, include the following:

      1. The actions required of the permittee in the WMP in accordance with the dates specified, taking into account any specific disagreements to the WMP which were provided by the permittee and included in the appendix to the WMP. (Note: if the WMP requirement has been deferred until a later time, as indicated on the certificate of coverage, the SWPPI shall initially be developed without consideration of the WMP.)

      2. The evaluation and implementation of pollution prevention and good housekeeping activities, as appropriate. This item shall include a training and inspection program for staff and contractors employed by the permittee in activities that may affect storm water runoff.

        The permittee shall include the following activities for inclusion in the SWPPI, or explain why the activities do not apply:

        1. maintenance activities, maintenance schedules, and inspection procedures for storm water structural controls to reduce pollutants (including floatables) in discharges from the permittee's separate storm water drainage system;

        2. controls for reducing or eliminating the discharges of pollutants from streets, roads, highways, parking lots, and maintenance garages;

        3. procedures for the proper disposal of operation and maintenance waste from the separate storm water drainage system (dredge spoil, accumulated sediments, floatables, and other debris);

        4. ways to ensure that flood management projects assess the impacts on the water quality of the receiving waters and, whenever possible, examine existing water quantity structures for incorporation of additional water quality protection devices or practices; and

        5. implementation of controls to reduce the discharge of pollutants related to application of pesticides, herbicides, and fertilizers applied in the permittee's regulated area

      3. The development, implementation, and enforcement of a comprehensive storm water management program for post-construction controls for areas of new development and significant redevelopment. The goal is to protect the designated uses in the receiving water from the effects commonly associated with urbanization. These effects include: "flashiness" (higher peak flows and lower base flows), stream-bank erosion, increased stream temperature and pollutant load, reduced bank vegetation, and degraded fish and other aquatic habitats.

        The permittee shall evaluate and implement site appropriate, cost-effective structural and nonstructural best management practices (BMPs) that prevent or minimize the impacts on water quality. Common controls for urbanization include: policies and ordinances to direct growth to identified areas, to limit the rate and volume of storm water discharged to pre-developmental hydrologic levels, to protect sensitive areas such as wetlands and riparian areas, and to maintain and/or increase open spaces (including a dedicated funding source for open space acquisition); encouraging infill development in higher density urban areas and areas with existing infrastructure; establishing in-stream maximum flow targets designed to minimize stream bank erosion and maintain healthy aquatic populations; and coordinating release volumes and rates from detention basins to achieve in-stream maximum flow targets. These controls shall have associated requirements for their long-term operation and maintenance to retain the level of water quality protection over time.

      4. The methods of assessing progress in storm water pollution prevention.

    2. If the WMP has been deferred for a portion of a permittee's urbanized area, as indicated on the certificate of coverage, the permittee's submission of the SWPPI shall include requirements for those urbanized areas not covered by the WMP. The permittee shall select one of the following two options for covering urbanized areas with deferred WMPs:
      1. Option 1: The permittee shall submit a request to extend the coverage of an existing SWPPI throughout the permittee's urbanized areas where a WMP has been deferred. The permittee shall be aware that additional actions may be required in this area. Under this option, the permittee shall perform a cursory assessment of the watershed(s) in the urbanized areas where a WMP is deferred, and identify concerns that are not addressed under the existing SWPPI prepared consistent with the WMP. These concerns may be inferred from significant differences between watershed characteristics in the two areas. Some examples of categories to consider include: stream type (main channel vs. headwaters), land use (agricultural vs. residential vs. industrial/commercial), age of development, historical impacts on the watershed, topography, and soil type. If the comparison shows that the two areas are significantly different, the permittee's SWPPI submission shall include additional approvable actions to address the deficiencies of the SWPPI in the deferred area.
      2. Option 2: The permittee shall submit additional information as necessary to comply with the following requirements for urbanized areas where the WMP has been deferred:
        1. Public Involvement and Participation

          Public input shall be encouraged in areas where the WMP is deferred. Appropriate BMPs for this minimum measure and measurable goals for each BMP shall be submitted to the department as part of the annual report. The following minimum actions shall be taken to encourage public input:

          1. The permittee shall follow local public notice requirements, as appropriate, when notifying the public that a SWPPI must be implemented. Copies of the permittee's SWPPI shall be available for public inspection, and the public shall be notified of when and where it is available.
          2. The permittee shall establish and implement a citizen advisory committee for the purpose of encouraging public involvement in all aspects of the SWPPI.
          3. The permittee shall pursue cooperation with local stream or watershed protection organizations, if any, by informing them of activities under the SWPPI, providing copies of the preliminary and final SWPPI and pursuing input on the SWPPI, seeking volunteer assistance including water quality monitoring assistance, and seeking ways to meet permit requirements by assisting the local organizations with their ongoing programs for water resource protection and enhancement.
        2. Post-Construction Storm Water Management Program for New Development and Redevelopment Projects

          The permittee shall develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the drainage system. The program shall ensure that controls are in place that will prevent or minimize water quality impacts. Appropriate BMPs for this minimum measure and measurable goals for each BMP shall be submitted to the department as part of the annual report.

          Under the program for new development and redevelopment projects the permittee shall:

          1. Develop and implement a comprehensive storm water management plan for development, implementation, and enforcement of controls watershed-wide or jurisdiction-wide to protect the designated uses in all receiving waters within urbanized areas from the effects commonly associated with urbanization. Common effects of urbanization to be considered under the comprehensive management plan include stream "flashiness" (higher peak flow and lower base flow), stream-bank erosion, increased stream temperature and pollutant load, reduced stream-bank vegetation, and degraded fish and aquatic habitat. Example comprehensive management plan controls for prevention of impacts from urbanization include policies and ordinances that provide requirements and standards for directing growth to identified areas, protecting sensitive areas such as wetlands and riparian areas, maintaining and/or increasing open space (including a dedicated funding source for open space acquisition), encouraging infill development in higher density urban areas and areas with existing infrastructure, establishing in-stream maximum flow targets designed to minimize stream bank erosion and maintain healthy fish populations, and coordinating release volumes and rates from detention basins to achieve in-stream maximum flow targets.
          2. Develop and implement ordinances or other regulatory mechanisms to address post construction storm water runoff from new development and redevelopment projects to the extent allowable under state or local law. Objectives of the ordinances or other regulatory mechanisms should be to protect receiving water quality from the impacts of development and limit the rate and volume of storm water discharges from any specific site during and following development or redevelopment. The ordinances or other regulatory mechanisms shall include the following:
            1. Requirements for implementation of appropriate non-structural and/or structural BMPs. Non-structural BMPs are preventative actions that involve management and source controls. Examples include: buffer preservation along water bodies, establishment of easements for vegetative filters and infiltration, education programs for developers and the public about project designs that minimize water quality and quantity impacts, minimum disturbance of soils and vegetation, planting native vegetation, restrictions on directly connected impervious areas, and incentives for reducing imperviousness. Structural BMPs are physical controls that improve water quality, including storage practices. Examples of structural BMPs include: wet ponds and extended-detention outlet structures; vegetative buffers; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins, infiltration trenches, rain gardens, and infiltration islands in parking lots.
            2. Requirements for adequate long-term operation and maintenance of BMPs.
            3. Requirements to control sediment discharges from new developments and redevelopments that result from soil erosion after the local soil erosion and sedimentation permit and federal permit by rule are no longer in effect.
            4. Requirements for regulating the rate at which storm water flows into the drainage system.
          3. Develop and implement a process for review of post-construction storm water BMPs in initial site plans, as applicable.
          4. Minimize the occurrence of illicit discharges and spills into the drainage system by reviewing site plans for commercial operations to ensure that storm drain inlets are adequately isolated from pollutant sources. Equipment washing and waste material handling shall not result in discharge of wastes to the drainage system. Polluting materials, as defined in the Part 5 Rules (Rules 324.2001 through 324.2009 of the Michigan Administrative Code), shall be stored only in areas that provide secondary containment in accordance with state and federal law.
        3. Additional BMPs and Measurable Goals

          If requested by the Department, the permittee shall submit appropriate BMPs, and measurable goals for each BMP, as part of the annual report. The Department may request specific information and implementation schedules for any or all of the following minimum measures:

          1. illicit discharge elimination program,
          2. public education program, and
          3. pollution prevention/good housekeeping for municipal operations.
  2. SWPPI Revisions

    By the date specified in the certificate of coverage, a revised SWPPI (incorporating current permit requirements or a written determination, with support, not to revise the SWPPI) shall be submitted to the Department for approval. The revised SWPPI shall be consistent with revisions made to the WMP.

  3. Designated Contact Person

    The permittee may replace the storm water program manager at any time and shall notify the Department within ten days after the replacement.

  4. Retention of Records

    The latest approved version of the SWPPI shall be retained until at least three years after coverage under this permit terminates. All records and information resulting from the assessment of SWPPI effectiveness, including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation, shall be retained for a minimum of three years or longer if requested by the Department or the Regional Administrator.

 

3. Annual Progress Report

By the date indicated on the certificate of coverage, a report shall be submitted to the Department on the implementation status of this permit and the progress of pollution prevention. The progress report shall cover all of the decisions, actions, and results performed as part of this permit during the previous year. Annually thereafter, the permittee shall submit progress reports to the Department, unless a different reporting cycle is specified by the Department.

At a minimum, the progress reports shall cover the following subjects:

  1. IDEP

    1. The permittee shall provide documentation of the actions taken to eliminate illicit discharges and evaluate the effectiveness of the program. For significant illicit discharges, the permittee shall list the pollutant(s) of concern, the estimated volume and load discharged, and the locations of the discharge into both the permittee's separate storm water sewer system and the receiving water. The permittee shall include certification of any changes made to the IDEP as requested by the Department in Part I.A.3.

    2. The permittee shall summarize the status of the program to minimize seepage from sanitary sewers and on-site sewage disposal systems into the permittee's separate storm water drainage system.

    3. The permittee shall provide schedules for elimination of illicit connections that have been identified but have yet to be eliminated.

  2. PEP

    The permittee shall provide documentation of the public education effort and a summary of the evaluation of its effectiveness. The permittee shall include certification of any changes made to the PEP as requested by the Department in Part I.A.3.

  3. New Point Source Discharges of Storm Water

    The permittee shall provide the information requested in Part I.A.4. of this permit on the discovery of new storm water point sources to the separate storm water drainage system.

  4. SWPPI

    The permittee shall provide the following information:

    1. The permittee shall describe the compliance status of the permittee-specific SWPPI actions and implementation schedules for the permittee's regulated areas. This review shall cover all of the permittee's commitments from the WMP, and the SWPPI's conditions for pollution prevention/good housekeeping and post-construction BMPs.

    2. If the permittee has urbanized areas with a deferred WMP and selected Option 1, the permittee shall describe the status of any additional requirements for any areas with a deferred WMP.

    3. If the permittee has urbanized areas with a deferred WMP and selected Option 2, the permittee shall describe the status for each of the three requirements listed in Part I.B.2.a.2) b). This shall include a listing of the BMPs that will be or have been implemented, descriptions of the measurable goals for each BMP, progress made towards meeting the measurable goals, upcoming actions, and any changes or updates to the BMPs or measurable goals to which the permittee has previously committed to do or meet.

    4. The effectiveness of the actions shall be discussed and the methods for this determination shall be reviewed. The permittee shall also include any proposed revisions to the SWPPI.

    5. The permittee shall report on the status of any watershed planning decisions for the permittee's regulated area where a WMP has been deferred.

    6. If necessary, the permittee may update both the characterization of the watershed(s) in the deferred area, and the comparison to the jurisdiction's watershed that is covered by the WMP. The permittee shall update any additional actions that have been included as part of the SWPPI as a result of any significant discrepancy between the watersheds.

  5. Other Actions

    The permittee shall submit any information for any other actions taken to reduce the discharge of pollutants in storm water.

  6. Nested Drainage System Agreements

    Permittees which are primary jurisdictions shall update the list of each nested jurisdictional area or drainage system that should have its own separate storm water drainage system permit, originally submitted as part of the application requirements in Part I.A.2. of this permit.

  7. Special Reporting Requirements

    The University of Michigan (Ann Arbor Campus), the Michigan Department of Transportation, and the Cities of Ann Arbor, Flint, Grand Rapids, Livonia, Sterling Heights, and Warren shall submit the following additional information:

    1. Environmental Impacts [40 CFR 122.42(c)(7)]

      The permittee shall provide an assessment of the pollution reduction and probable receiving water quality impacts associated with program implementation. When applicable, a statement shall be included regarding any negative water quality impacts that may have occurred as a result of any illicit discharges or accidental spills during the report cycle.

    2. Data and Results [40 CFR 122.42(c)(4)]

      The permittee shall provide a summary of all information collected and analyzed, including monitoring data, if any, during the report cycle.

    3. BMP Changes [40 CFR 122.42(c)(2)]

      The permittee shall describe any planned changes in identified BMPs or measurable goals for those BMPs.

    4. Revised Fiscal Analysis [40 CFR 122.42(c)(3)]

      The permittee shall provide a summary of revisions, if necessary, to the fiscal analysis reported during the previous permit, pursuant to permit application requirements [40 CFR 122.26(d)(2)(vi)].

    5. Annual Budget [40 CFR 122.42(c)(5)]

      The permittee shall provide the previous reporting cycle's expenditures and proposed budget for the reporting cycle following the report.

 

CONTINUE TO PART II
Last Updated: 1/28/03

Please address all comments and suggestions about the contents of this Web page to rougeweb@co.wayne.mi.us.

The Rouge River National Wet Weather Demonstration Project is funded, in part, by the United States Environmental Protection Agency (EPA) Grants #XP995743-01, -02, -03, -04, -05, -06, -08 and C-264000-01.