HomeMy WebLinkAboutweekly notes 7-7-23
CITY OF OAK PARK HEIGHTS – WEEKLY NOTES for: July 7th, 2023
TO: City Council Members& Staff
FROM: Eric Johnson, City Administrator
Zoning & Development Items:
1.No new applications have been received for the JulyPlanning Commission – this is slated to be cancelled.
2.The City Attorney has sent the enclosed communication to the ESTATE OF BONITA POLICHNIA for the derelictsite at 5869 Oldfield
Ave. We hope it may spark some action.
3.Work continues on the Lakeview EMS Building; Staff has worked with them to sort our Fire Code issues related to their RESTING
spaces. The image below shows the most updated site rendering.
OTHER ITEMS
Posting for the CIty Administrator Position is now LIVE - gmphr.com/job-postings This will be up on the LMC / WCMA
and other related sites very soon. We will post it on our website.
The new playground at Swager Park has been installed.. stop by – looks great!
The CIty has been informed that it will be AUDITIED by the MPCA for its compliance with the MS4 Storm Water Rules.
I have attached the 41- page elements of requirements the City is expected to comply with. Staff will see what it can do to
provide such data; but please anticipate that the completion of these elements is significant and plainly unreasonable. SO..
we have a planned meeting MPCA staff on 8/2 to discuss what we can provide. Hopefully, the City’s partnerships with the
EMWREP association will cover much of the outreach requirements.
As can be expected, any refinancing of City debt would not result in savings … rates will likely not be as low as we currently
have them, locked – being between 2.1 and 3.0%. Ehler’s provides the enclosed analysis every quarter or so…
Community Thread has provided a THANK YOU for the City’scontinued support of their programs.
The CIty received ONE RESPONSE for the quote necessary for the CITY HALL - TRAFFIC- CIRCLE IMPROVEMENTS
-$34,911.40 from Pember Companies LLC. We will see if any more arrive. (No enclosure)
The LMC has published its ANNUAL – POST LEGISLATIVE SESSION – Law Summaries. This document can be found
at the following LINK:
2023 Law Summaries - League of Minnesota Cities (lmc.org)
https://www.lmc.org/advocacy/law-summaries/current-law-summaries/
Mayor McComber Provided:
Link to MNDOT State –Aid Scene: https://content.govdelivery.com/accounts/MNDOT/bulletins/3621727
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Writer’s Direct Dial:
651-351-2134
Writer’s Email:
ksandstrom@eckberglammers.com
Reply to Stillwater
July 5, 2023
VIA E-MAILANDU.S. MAIL
Estate of BonitaPolichnia
c/oLaurann KirschnerGalowitz
Olson, PLLC
th
10390 39Street N.
Lake Elmo, MN 55042
RE: Oak Park Heights Demand for Code Compliance re: 5869 Oldfield Avenue N.
Dear Ms. Kirschner:
I am following up on my code enforcement letter of April 19, 2023 and our exchange of emails
in mid-May 2023. Some six weeks ago, you confirmed that your client, the P.R. of the Estate,
was taking steps necessary to get the collapsed garage on the above-noted Property demolished
and the debris cleaned up. As of today, per the enclosed current photo, this has not occurred.
To make matters worse, we understand that in the spring your client had someone local who
regularly mowedthe lawn at the Property. In recent weeks, however, that has stopped and the
lawn is now badly overgrown. This is not acceptable and also constitutes an additional code
violation on the Property. A current photo of the yard is also enclosed for reference.
These code violations on the Property must be immediately remedied, otherwise the City will
intend to take prompt action against the Estate, including but not limited to commencing legal
action to empower the City to abate the nuisances and code violations and assess all costs against
the Property, including administrative costs, attorneys’ fees and court costs in addition to any
contractor fees.
We expect forward progress by the Estate within the next week. Please advise ASAP.
Sincerely,
/s/
Kevin S. Sandstrom, City Attorney
Enclosure: Garage & Yard photos
CC: City Administrator & City Building Official (via email)
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Phase II MS4 audit checklist
NPDES/SDS Municipal Separate
Storm Sewer System (MS4) Permit Program
National Pollutant Discharge Elimination System (NPDES)/
State Disposal System (SDS)
Doc Type: Permit Evaluation
Purpose of document:Minnesota Pollution Control Agency (MPCA) staff will be conducting an audit of your Stormwater Pollution
Prevention Program (SWPPP). The audit will review the tools your organization uses to meet the requirements of the MS4 Permit.
This document identifies information MPCA staff request to review prior tothe date of the audit meeting.
Instructions for Permittee: MPCA staff have checked boxes specifying each item that may be evaluated during the audit. Please
submit relevant documents, such as educational materials; adopted ordinances/codes, policies, and/or procedures; checklists, or
other supporting documentation that demonstrate your compliance with the item. Audits may cover any material listed, whether or
not it is checked. Please submit checked items to MPCA staff by 7/24/2023
Please note: The highlighted language in this checklist is a new permit requirement or where additional specificity was included
from the 2013 MS4 General Permit.
SWPPP – Overall program management
ItemPermit reference
1. Memorandum(s) of Understanding or other agreements of partnerships with other regulated small 12.3
MS4s to fulfill permit requirements, if applicable
Name of relevant attachment(s):
Click or tap here to enter text.
2. Stormwater program staff lists, organizational charts, list of name(s) of individual(s) or position titles 12.4
responsible for each MCM
Name of relevant attachment(s):
Click or tap here to enter text.
Mapping (Section 14)
Item Permit reference
1. New permittees must develop, and existing permittees must update, as necessary, a storm sewer 14.2
system map that depicts the following:
Be prepared to
present your map at
a. the permittee's entire MS4 as a goal, but at a minimum, all pipes 12 inches or greater in diameter,
the audit.
including stormwater flow direction in those pipes;
b. outfalls, including a unique identification (ID) number assigned by the permittee, and an associated
geographic coordinates;
c. structural stormwater BMPs that are part of the permittee's MS4; and
d. all receiving waters.
Name of relevant attachment(s):
Click or tap here to enter text.
Minimum Control Measure (MCM) 1 – Public education outreach (Section 16)
MCM 1 Item Permit reference
1. During the permit term, the permittee must distribute educational materials or equivalent outreach 16.3
focused on at least two (2) specifically selected stormwater-related issues of high priority to the
permittee (e.g., specific TMDL reduction targets, changing local business practices, promoting
adoption of residential BMPs, lake improvements through lake associations, household chemicals,
yard waste, etc.). The topics must be different from those described in items 16.4 through 16.6.
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 1 Item Permit reference
2.At least once each calendar year, the permittee must distribute educational materials or equivalent 16.4
outreach focused on illicit discharge recognition and reporting illicit discharges to the permittee.
Name of relevant attachment(s):
Click or tap here to enter text.
For cities and townships, at least once each calendar year, the permittee must distribute educational
3. 16.5
materials or equivalent outreach to residents, businesses, commercial facilities, and institutions,
focused on the following:
a. impacts of deicing salt use on receiving waters;
b. methods to reduce deicing salt use; and
c. proper storage of salt or other deicing materials.
Name of relevant attachment(s):
Click or tap hereto enter text.
For cities and townships, at least once each calendar year, the permittee must distribute educational
4. 16.6
materials or equivalent outreach focused on pet waste. The educational materials or equivalent
outreach must include information on the following:
a. impacts of pet waste on receiving waters;
b. proper management of pet waste; and
c. any existing permittee regulatory mechanism(s) for pet waste.
Name of relevant attachment(s):
Click or tap here to enter text.
5. The permittee must develop and implement an education and outreach plan that consists of the 16.7
following:
a. target audience(s) (e.g., residents, businesses, commercial facilities, institutions, and local
organizations; consideration should be given to low-income residents, people of color, and non-native
English speaking residents. A resource to help identify these areas is available on the Agency's
environmental justice website);
b. name or position title of responsible person(s) for overall plan implementation;
c. specific activities and schedules to reach each target audience; and
d. a description of any coordination with and/or use of stormwater education and outreach programs
implemented by other entities, if applicable.
Name of relevant attachment(s):
Click or tap here to enter text.
6. The permittee must document the following information:16.8
a. a description of all specific stormwater-related issues identified by the permittee in item 16.3;
b. all information required under the permittee's education and outreach plan in item 16.7;
c. activities held, including dates, to reach each target audience;
d. quantities and descriptions of educational materials distributed, including dates distributed; and
e. estimated audience (e.g., number of participants, viewers, readers, listeners, etc.) for each
completed education and outreach activity.
Provide the above documentation for educational materials distributed and activities held over the last
24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats
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MCM 1 Item Permit reference
7.The permittee must conduct an annual assessment of the public education program to evaluate 16.9
program compliance, the status of achieving the measurable requirements in Section 16, and
determine how the program might be improved. Measurable requirements are activities that must be
documented or tracked as applicable to the MCM (e.g., education and outreach efforts,
implementation of written plans, etc.). The permittee must perform the annual assessment prior to
completion of each annual report and document any modifications made to the program as a result of
the annual assessment.
Provide documentation for any modifications made to the program as a result of the annual
assessment over the last 12 months.
Name of relevant attachment(s):
Click or tap here to enter text.
MCM 2 – Public participation/involvement(Section 17)
MCM 2Item Permit reference
1. Each calendar year, the permittee must provide a minimum of one (1) opportunity for the public to 17.3
provide input on the adequacy of the SWPPP. The permittee may conduct a public meeting(s) to
satisfy this requirement, provided appropriate local public notice requirements are followed and the
public is given the opportunity to review and comment on the SWPPP.
Name of relevant attachment(s):
Click or tap here to enter text.
2. Each calendar year, the permittee must provide a minimum of one (1) public involvement activity 17.6
that includes a pollution prevention or water quality theme (e.g., rain barrel distribution event, rain
garden workshop, cleanup event, storm drain stenciling, volunteer water quality monitoring, adopt a
storm drain program, household hazardous waste collection day, etc.).
Name of relevant attachment(s):
Click or tap here to enter text.
3. The permittee must document the following information: 17.7
a. all relevant written input submitted by persons regarding the SWPPP;
b. all responses from the permittee to written input received regarding the SWPPP, including any
modifications made to the SWPPP as a result of the written input received;
c. date(s), location(s), and estimated number of participants at events held for purposes of
compliance with item 17.3;
d. notices provided to the public of any events scheduled to meet item 17.3, including any
electronic correspondence (e.g., website, e-mail distribution lists, notices, etc.); and
e. date(s), location(s), description of activities, and estimated number of participants at events held
for the purpose of compliance with item 17.6.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
The permittee must conduct an annual assessment of the Public Participation/Involvement program
4. 17.8
to evaluate program compliance, the status of achieving the measurable requirements in
Section 17, and determine how the program might be improved. Measurable requirements are
activities that must be documented or tracked as applicable to the MCM (e.g., public input and
involvement opportunities, etc.). The permittee must perform the annual assessment prior to
completion of each annual report and document any modifications made to the program as a result
of the annual assessment.
Provide documentation for any modifications made to the program as a result of the annual
assessment over the last 12 months.
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 3 – Illicit discharge detection and elimination(Section 18)
MCM 3Item Permit reference
1. To the extent allowable under state or local law, the permittee must develop, implement, and 18.4
enforce a regulatory mechanism(s) that prohibits non-stormwater discharges into the permittee's
MS4, except those non-stormwater discharges authorized in item 3.2. A regulatory mechanism(s)
for the purposes of the General Permit may consist of contract language, an ordinance, permits,
standards, written policies, operational plans, legal agreements, or any other mechanism, that will
be enforced by the permittee. The regulatory mechanism(s) must also include items 18.5 and 18.6,
as applicable.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
For cities, townships, and counties, the permittee's regulatory mechanism(s) must require owners
2. 18.5
or custodians of pets to remove and properly dispose of feces on permittee owned land areas.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
For cities and townships, the permittee's regulatory mechanism(s) must require proper salt storage
3. 18.6
at commercial, institutional, and non-NPDES permitted industrial facilities. At a minimum, the
regulatory mechanism(s) must require the following:
a. designated salt storage areas must be covered or indoors;
b. designated salt storage areas must be located on an impervious surface; and
c. implementation of practices to reduce exposure when transferring material in designated salt
storage areas (e.g., sweeping, diversions, and/or containment).
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
At least once each calendar year, the permittee must train all field staff in illicit discharge
4. 18.8
recognition (including conditions which could cause illicit discharges), and reporting illicit
discharges for further investigation. Field staff includes, but is not limited to, police, fire department,
public works, and parks staff. Training for this specific requirement may include, but is not limited
to, videos, in-person presentations, webinars, training documents, and/or emails.
aining materials and resources used to meet the above requirement.
Provide any tr
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 3Item Permit reference
5.The permittee must ensure that individuals receive training commensurate with their responsibilities 18.9
as they relate to the permittee's IDDE program. Individuals includes, but is not limited to, individuals
responsible for investigating, locating, eliminating illicit discharges, and/or enforcement. The
permittee must ensure that previously trained individuals attend a refresher-training every three (3)
calendar years following the initial training.
Provide any training materials and resources used to meet the above requirement.
Name of relevant attachment(s):
Click or tap here to enter text.
The permittee must maintain a written or mapped inventory of priority areas the permittee identifies
6. 18.10
as having a higher likelihood for illicit discharges.At a minimum, the permittee must evaluate the
Be prepared to
following for potential inclusion in the inventory:
present your written
or mapped inventory
a. land uses associated with business/industrial activities;
at the audit.
b. areas where illicit discharges have been identified in the past; and
c. areas with storage of significant materials that could result in an illicit discharge.
Name of relevant attachment(s):
Click or tap here to enter text.
7. To the extent allowable under state or local law, the permittee must conduct additional illicit 18.11
discharge inspections in areas identified in item 18.10.
Name of relevant attachment(s):
Click or tap here to enter text.
8. The permittee must implement written procedures for investigating, locating, and eliminating the 18.12
source of illicit discharges. At a minimum, the written procedures must include:
a. a timeframe in which the permittee will investigate a reported illicit discharge;
b. use of visual inspections to detect and track the source of an illicit discharge;
c. tools available to the permittee to investigate and locate an illicit discharge (e.g., mobile
cameras, collecting and analyzing water samples, smoke testing, dye testing, etc.);
d. cleanup methods available to the permittee to remove an illicit discharge or spill; and
e. name or position title of responsible person(s) for investigating, locating, and eliminating an illicit
discharge.
Name of relevant attachment(s):
Click or tap here to enter text.
9. The permittee must implement written procedures for responding to spills, including emergency 18.13
response procedures to prevent spills from entering the MS4. The written procedures must also
include the immediate notification of the Minnesota Department of Public Safety Duty Officer at 1-
800-422-0798 (toll free) or 651-649-5451 (Metro area), if the source of the illicit discharge is a spill
or leak as defined in Minn. Stat. 115.061.
Name of relevant attachment(s):
Click or tap here to enter text.
10. The permittee must maintain written enforcement response procedures (ERPs) to compel 18.14
compliance with the permittee's regulatory mechanism(s) in Section 18. At a minimum, the written
ERPs must include:
a. a description of enforcement tools available to the permittee and guidelines for the use of each
tool;
b. timeframes to complete corrective actions; and
c. name or position title of responsible person(s) for conducting enforcement.
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 3Item Permit reference
11.The permittee must document the following information: 18.15
a. date(s) and location(s) of IDDE inspections conducted in accordance with items 18.7 and 18.11;
b. reports of alleged illicit discharges received, including date(s) of the report(s), and any follow-up
action(s) taken by the permittee;
c. date(s) of discovery of all illicit discharges;
d. identification of outfalls, or other areas, where illicit discharges have been discovered;
e. sources (including a description and the responsible party) of illicit discharges (if known); and
f. action(s) taken by the permittee, including date(s), to address discovered illicit discharges.
Provide the above documentation over the last 24months.
Name of relevant attachment(s):
Click or tap here to enter text.
12. For each training in item 18.8 and 18.9, the permittee must document: 18.16
a. general subject matter covered;
b. names and departments of individuals in attendance; and
c. date of each event.
Provide the above documentation over the last 24months.
Name of relevant attachment(s):
Click or tap here to enter text.
13. The permittee must document any enforcement conducted pursuant to the ERPs in item 18.14, 18.17
including verbal warnings. At a minimum, the permittee must document the following:
a. name of the person responsible for violating the terms and conditions of the permittee's regulatory
mechanism(s);
b. date(s) and location(s) of the observed violation(s);
c. description of the violation(s);
d. corrective action(s) (including completion schedule) issued by the permittee;
e. referrals to other regulatory organizations (if any); and
f. date(s) violation(s) resolved.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
14. The permittee must conduct an annual assessment of the IDDE program to evaluate program 18.18
compliance, the status of achieving the measurable requirements in Section 18, and determine how
the program might be improved. Measurable requirements are activities that must be documented
or tracked as applicable to the MCM (e.g., trainings, inventory, inspections, enforcement, etc.). The
permittee must perform the annual assessment prior to completion of each annual report and
document any modifications made to the program as a result of the annual assessment.
Provide documentation for any modifications made to the program as a result of the annual
assessment over the last 12 months.
Name of relevant attachment(s):
Click or tap here to enter text.
https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats
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MCM 4 – Construction site stormwater runoff control(Section 19)
MCM 4Item Permit reference
1. To the extent allowable under state or local law, the permittee must develop, implement, and enforce 19.3 & 19.5
a regulatory mechanism(s) that establishes requirements for erosion, sediment, and waste controls
that is at least as stringent as the Agency's most current Construction Stormwater General Permit
(MNR100001), herein referred to as the CSW Permit. A regulatory mechanism(s) for the purposes of
the General Permit may consist of contract language, an ordinance, permits, standards, written
policies, operational plans, legal agreements, or any other mechanism, that will be enforced by the
permittee.
Does your regulatory mechanism incorporate the Construction Stormwater General Permit
(MNR100001) requirements for erosion, sediment, and waste controls by reference?
Yes No
If yes,
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
If no, please complete Appendix A.
2. The permittee must implement written procedures for site plan reviews conducted by the permittee 19.6
prior to the start of all construction activity, to ensure compliance with requirements of the
regulatory mechanism(s). At a minimum, the procedures must include:
a. written notification to owners and operators proposing construction activity, including projects
less than one acre that are part of a larger common plan of development or sale, of the need to
apply for and obtain coverage under the CSW Permit; and
b. use of a written checklist, consistent with the requirements of the regulatory mechanism(s), to
document the adequacy of each site plan required in item 19.5.
Name of relevant attachment(s):
Click or tap here to enter text.
3. The permittee must maintain written procedures for identifying high-priority and low-priority sites for 19.8
inspection. At a minimum, the written procedures must include:
a. a detailed explanation describing how sites will be categorized as either high-priority or low-
priority;
b. a frequency at which the permittee will conduct inspections for high-priority sites;
c. a frequency at which the permittee will conduct inspections for low-priority sites; and
d. the name(s) of individual(s) or position title(s) responsible for conducting site inspections.
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 4Item Permit reference
4.The permittee must implement a written checklist to document each site inspection when 19.9
determining compliance with the permittee's regulatory mechanism(s). At a minimum, the checklist
must include the permittee's inspection findings on the following areas, as applicable to each site:
a. stabilization of exposed soils (including stockpiles);
b. stabilization of ditch and swale bottoms;
c. sediment control BMPs on all downgradient perimeters of the project and upgradient of buffer
zones;
d. storm drain inlet protection;
e. energy dissipation at pipe outlets;
f. vehicle tracking BMPs;
g. preservation of a 50 foot natural buffer or redundant sediment controls where stormwater flows
to a surface water within 50 feet of disturbed soils;
h. owner/operator of construction activity self-inspection records;
i. containment for all liquid and solid wastes generated by washout operations (e.g., concrete,
stucco, paint, form release oils, curing compounds, and other construction materials);and
j. BMPs maintained and functional.
Name of relevant attachment(s):
Click or tap here to enter text.
The permittee must implement written procedures for receipt and consideration of reports of
5. 19.10
noncompliance or other stormwater related information on construction activity submitted by the
public to the permittee.
Name of relevant attachment(s):
Click or tap here to enter text.
6. The permittee must ensure that individuals receive training commensurate with their responsibilities 19.11
as they relate to the permittee's Construction Site Stormwater Runoff Control program. Individuals
includes, but is not limited to, individuals responsible for conducting site plan reviews, site
inspections, and/or enforcement. The permittee must ensure that previously trained individuals attend
a refresher-training every three (3) calendar years following the initial training.
Provide any training materials and resources used to meet the above requirement.
Name of relevant attachment(s):
Click or tap here to enter text.
7. The permittee must maintain written enforcement response procedures (ERPs) to compel 19.12
compliance with the permittee's regulatory mechanism(s) in item 19.3. At a minimum, the written
ERPs must include:
a. a description of enforcement tools available to the permittee and guidelines for the use of each
tool; and
b. name or position title of responsible person(s) for conducting enforcement.
Name of relevant attachment(s):
Click or tap here to enter text.
mittee, the permittee must document the following:
8. For each site plan review conducted by the per19.13
a. project name;
b. location;
c. total acreage to be disturbed;
d. owner and operator of the proposed construction activity;
e. proof of notification to obtain coverage under the CSW Permit, as required in item 19.6, or proof
of coverage under the CSW Permit; and
f. any stormwater related comments and supporting completed checklist, as required in item 19.6,
used by the permittee to determine project approval or denial.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 4Item Permit reference
9.For each training in item 19.11, the permittee must document: 19.14
a. general subject matter covered;
b. names and departments of individuals in attendance; and
c. date of each event.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
The permittee must document any enforcement conducted pursuant to the ERPs in item 19.12,
10. 19.15
including verbal warnings. At a minimum, the permittee must document the following:
a. name of the person responsible for violating the terms and conditions of the permittee's regulatory
mechanism(s);
b. date(s) and location(s) of the observed violation(s);
c. description of the violation(s);
d. corrective action(s) (including completion schedule) issued by the permittee;
e. referrals to other regulatory organizations (if any); and
f. date(s) violation(s) resolved.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
11. The permittee must conduct an annual assessment of the Construction Site Stormwater Runoff 19.16
Control program to evaluate program compliance, the status of achieving the measurable
requirements in Section 19, and determine how the program might be improved. Measurable
requirements are activities that must be documented or tracked as applicable to the MCM (e.g.,
inventory, trainings, site plan reviews, inspections, enforcement, etc.). The permittee must perform
the annual assessment prior to completion of each annual report and document any modifications
made to the program as a result of the annual assessment.
a result of the annual
Provide documentation for any modifications made to the program as
assessment over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
MCM 5 – Post-construction stormwater management (Section 20)
MCM 5Item Permit reference
To the extent allowable under state or local law, the permittee must develop, implement, and enforce
1. 20.3
a regulatory mechanism(s) that incorporates items 20.4 through 20.15. A regulatory mechanism(s) for
the purposes of the General Permit may consist of contract language, an ordinance, permits,
standards, written policies, operational plans, legal agreements, or any other mechanism, that will be
enforced by the permittee.
Name of relevant attachment(s):
Click or tap here to enter text.
2. The permittee's regulatory mechanism(s) must require owners of construction activity to submit site 20.4
plans with post-construction stormwater management BMPs designed with accepted engineering
practices to the permittee for review and confirmation that regulatory mechanism(s) requirements
have been met, prior to start of construction activity.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
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MCM 5Item Permit reference
3.The permittee's regulatory mechanism(s) must require owners of construction activity to treat the 20.5
water quality volume on any project where the sum of the new impervious surface and the fully
reconstructed impervious surface equals one or more acres.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
For construction activity (excluding linear projects), the water quality volume must be calculated as
4. 20.6
one (1) inch times the sum of the new and the fully reconstructed impervious surface.
Name of relevant attachment(s):
lick or tap here to enter text.
C
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
5. For linear projects, the water quality volume must be calculated as the larger of one (1) inch times the 20.7
new impervious surface or one-half (0.5) inch times the sum of the new and the fully reconstructed
impervious surface. Where the entire water quality volume cannot be treated within the existing right-
of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat
the stormwater during the project planning process must be made. Volume reduction practices must
be considered first, as described in item 20.8. Volume reduction practices are not required if the
practices cannot be provided cost effectively. If additional right-of-way, easements, or other
permission cannot be obtained, owners of construction activity must maximize the treatment of the
water quality volume prior to discharge from the MS4.
Name of relevant attachment(s):
lick or tap here to enter text.
C
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
6. Volume reduction practices (e.g., infiltration or other) to retain the water quality volume on-site must 20.8
be considered first when designing the permanent stormwater treatment system. The General Permit
does not consider wet sedimentation basins and filtration systems to be volume reduction practices. If
the General Permit prohibits infiltration as described in item 20.9, other volume reduction practices, a
wet sedimentation basin, or filtration basin may be considered.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
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MCM 5Item Permit reference
7.Infiltration systems must be prohibited when the system would be constructed in areas:20.9
a. that receive discharges from vehicle fueling and maintenance areas, regardless of the amount of
new and fully reconstructed impervious surface;
b. where high levels of contaminants in soil or groundwater may be mobilized by the infiltrating
stormwater. To make this determination, the owners and/or operators of construction activity must
complete the Agency's site screening assessment checklist, which is available in the Minnesota
Stormwater Manual, or conduct their own assessment. The assessment must be retained with the site
plans;
c. where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the
infiltration rate below 8.3 inches per hour;
d. with less than three (3) feet of separation distance from the bottom of the infiltration system to the
elevation of the seasonally saturated soils or the top of bedrock;
e. of predominately Hydrologic Soil Group D (clay) soils;
f. in an Emergency Response Area (ERA) within a Drinking Water Supply Management Area
(DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as high or very high vulnerability as
defined by the Minnesota Department of Health;
g. in an ERA within a DWSMA classified as moderate vulnerability unless the permittee performs or
approves a higher level of engineering review sufficient to provide a functioning treatment system and
to prevent adverse impacts to groundwater;
h. outside of an ERA withina DWSMA classified as high or very high vulnerability unless the
permittee performs or approves a higher level of engineering review sufficient to provide a functioning
treatment system and to prevent adverse impacts to groundwater;
i. within 1,000 feet up-gradient or 100 feet down gradient of active karst features; or
j. that receive stormwater runoff from these types of entities regulated under NPDES for industrial
stormwater: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous
waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing
activities.
See "higher level of engineering review" in the Minnesota Stormwater Manual for more information.
Name of relevant attachment(s):
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Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
8. For non-linear projects, where the water quality volume cannot cost effectively be treated on the site 20.10
of the original construction activity, the permittee must identify, or may require owners of the
construction activity to identify, locations where off-site treatment projects can be completed. If the
entire water quality volume is not addressed on the site of the original construction activity, the
remaining water quality volume must be addressed through off-site treatment and, at a minimum,
ensure the requirements of items 20.11 through 20.14 are met.
Name of relevant attachment(s):
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Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
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MCM 5Item Permit reference
9.The permittee must ensure off-site treatment project areas are selected in the following order of 20.11
preference:
a. locations that yield benefits to the same receiving water that receives runoff from the original
construction activity;
b. locations within the same Department of Natural Resource (DNR) catchment area as the original
construction activity;
c. locations in the next adjacent DNR catchment area up-stream; or
d. locations anywhere within the permittee's jurisdiction.
Name of relevant attachment(s):
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Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
Off-site treatment projects must involve the creation of new structural stormwater BMPs or the retrofit
10. 20.12
of existing structural stormwater BMPs, or the use of a properly designed regional structural
stormwater BMP. Routine maintenance of structural stormwater BMPs already required by the
General Permit cannot be used to meet this requirement.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
11. Off-site treatment projects must be completed no later than 24 months after the start of the original 20.13
construction activity. If the permittee determines more time is needed to complete the treatment
project, the permittee must provide the reason(s) and schedule(s) for completing the project in the
annual report.
Name of relevant attachment(s):
lick or tap here to enter text.
C
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
12. If the permittee receives payment from the owner of a construction activity for off-site treatment, the
20.14
permittee must apply any such payment received to a public stormwater project, and all projects must
comply with the requirements in items 20.11 through 20.13.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
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MCM 5Item Permit reference
13.The permittee's regulatory mechanism(s) must include the establishment of legal mechanism(s) 20.15
between the permittee and owners of structural stormwater BMPs not owned or operated by the
permittee, that have been constructed to meet the requirements in Section 20. The legal
mechanism(s) must include provisions that, at a minimum:
a. allow the permittee to conduct inspections of structural stormwater BMPs not owned or operated by
the permittee, perform necessary maintenance, and assess costs for those structural stormwater
BMPs when the permittee determines the owner of that structural stormwater BMP has not ensured
proper function;
b. are designed to preserve the permittee's right to ensure maintenance responsibility, for structural
stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally
transferred to another party; and
c. are designed to protect/preserve structural stormwater BMPs. If structural stormwater BMPs
change, causing decreased effectiveness, new, repaired, or improved structural stormwater BMPs
must be implemented to provide equivalent treatment to the original BMP.
Name of relevant attachment(s):
Click or tap here to enter text.
14. The permittee must maintain a written or mapped inventory of structural stormwater BMPs not owned 20.16
or operated by the permittee that meet all of the following criteria:
Be preparedto
present your written
a. the structural stormwater BMP includes an executed legal mechanism(s) between the permittee
or mapped inventory
and owners responsible for the long-term maintenance, as required in item 20.15; and
at the audit.
b. the structural stormwater BMP was implemented on or after August 1, 2013.
Name of relevant attachment(s):
Click or tap here to enter text.
15. The permittee must implement written procedures for site plan reviews conducted by the permittee 20.17
prior to the start of construction activity, to ensure compliance with requirements of the permittee's
regulatory mechanism(s).
Name of relevant attachment(s):
Click or tap here to enter text.
16. The permittee must ensure that individuals receive training commensurate with their responsibilities 20.18
as they relate to the permittee's Post-Construction Stormwater Management program. Individuals
includes, but is not limited to, individuals responsible forconducting site plan reviews and/or
enforcement. The permittee must ensure that previously trained individuals attend a refresher-
training every three (3) calendar years following the initial training.
Provide any training materials and resources used to meet the above requirement.
Name of relevant attachment(s):
Click or tap here to enter text.
17. The permittee must maintain written enforcement response procedures (ERPs) to compel 20.19
compliance with the permittee's regulatory mechanism(s) required in Section 20. At a minimum, the
written ERPs must include:
a. a description of enforcement tools available to the permittee and guidelines for the use of each
tool; and
b. name or position title of responsible person(s) for conducting enforcement.
Name of relevant attachment(s):
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MCM 5Item Permit reference
18.For each site plan review conducted by the permittee, the permittee must document the following:20.20
a. supporting documentation used to determine compliance with Section 20 of the General Permit,
including any calculations for the permanent stormwater treatment system;
b. the water quality volume that will be treated through volume reduction practices (e.g., infiltration
or other) compared to the total water quality volume required to be treated;
c. documentation associated with off-site treatment projects authorized by the permittee, including
rationale to support the location of permanent stormwater treatment projects in accordance with
items 20.10 and 20.11;
d. payments received and used in accordance with item 20.14; and
e. all legal mechanisms drafted in accordance with item 20.15, including date(s) of the
agreement(s) and name(s) of all responsible parties involved.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
19. For each training in item 20.18, the permittee must document: 20.21
a. general subject matter covered;
b. names and departmentsof individuals in attendance; and
c. date of each event.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
20. The permittee must document any enforcement conducted pursuant to the ERPs in item 20.19, 20.22
including verbal warnings. At a minimum, the permittee must document the following:
a. name of the person responsible for violating the terms and conditions of the permittee's
regulatory mechanism(s);
b. date(s) and location(s) of the observed violation(s);
c. description of the violation(s);
d. corrective action(s) (including completion schedule) issued by the permittee;
e. referrals to other regulatory organizations (if any); and
f. date(s) violation(s) resolved.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
21. The permittee must conduct an annual assessment of the Post-Construction Stormwater 20.23
Management program to evaluate program compliance, the status of achieving the measurable
requirements in Section 20, and determine how the program might be improved. Measurable
requirements are activities that must be documented or tracked as applicable to the MCM (e.g.,
inventory, trainings, site plan reviews, inspections, enforcement, etc.). The permittee must perform
the annual assessment prior to completion of each annual report and document any modifications
made to the program as a result of the annual assessment.
a result of the annual
Provide documentation for any modifications made to the program as
assessment over the last 12 months.
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 6 – Pollution prevention/good housekeeping for municipal operations(Section 21)
MCM 6Item Permit reference
1. The permittee must maintain a written or mapped inventory of permittee owned/operated facilities 21.3
that contribute pollutants to stormwater discharges. The permittee must implement BMPs that
Be prepared to
prevent or reduce pollutants in stormwater discharges from all inventoried facilities. Facilities to be
present your written
inventoried may include, but is not limited to:
or mapped inventory
at the audit.
a. composting;
b. equipment storage and maintenance;
c. hazardous waste disposal;
d. hazardous waste handling and transfer;
e. landfills;
f. solid waste handling and transfer;
g. parks;
h. pesticide storage;
i. public parking lots;
j. public golf courses;
k. public swimming pools;
l. public works yards;
m. recycling;
n. salt storage;
o. snow storage;
p. vehicle storage and maintenance (e.g., fueling and washing) yards; and
q. materials storage yards.
Name of relevant attachment(s):
Click or tap here to enter text.
2. The permittee must implement BMPs that prevent or reduce pollutants in stormwater discharges 21.4
from the following municipal operations that may contribute pollutants to stormwater discharges,
where applicable:
a. waste disposal and storage, including dumpsters;
b. management of temporary and permanent stockpiles of materials such as street sweepings,
snow, sand and sediment removal piles (e.g., effective sediment controls at the base of stockpiles
on the downgradient perimeter);
c. vehicle fueling, washing, and maintenance;
d. routine street and parking lot sweeping;
e. emergency response;
f. cleaning of maintenance equipment, building exteriors, dumpsters, and the disposal of
associated waste and wastewater;
g. use, storage, and disposal of significant materials;
h. landscaping, park, and lawn maintenance;
i. road maintenance, including pothole repair, road shoulder maintenance, pavement marking,
sealing, and repaving;
j. right-of-way maintenance, including mowing; and
k. application of herbicides, pesticides, and fertilizers.
Provide a list of developed and implemented BMPs, such as those implemented to address
municipal operations described above, as applicable to your MS4.
Name of relevant attachment(s):
Click or tap here to enter text.
3. The permittee must implement the following BMPs at permittee owned/operated salt storage 21.5
areas:
a. cover or store salt indoors;
b. store salt on an impervious surface; and
c. implement practices to reduce exposure when transferring material from salt storage areas
(e.g., sweeping, diversions, and/or containment).
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 6ItemPermit reference
4. The permittee must implement a written snow and ice management policy for individuals that 21.6
perform winter maintenance activities for the permittee. The policy must establish practices and
procedures for snow and ice control operations (e.g., plowing or other snow removal practices,
sand use, and application of deicing compounds).
Name of relevant attachment(s):
Click or tap here to enter text.
Each calendar year, the permittee must ensure all individuals that perform winter maintenance
5. 21.7
activities for the permittee receive training that includes:
a. the importance of protecting water quality;
b. BMPs to minimize the use of deicers (e.g., proper calibration of equipment and benefits of
pretreatment, pre-wetting, and anti-icing); and
c. tools and resources to assist in winter maintenance (e.g., deicing application rate guidelines,
calibration charts, Smart Salting Assessment Tool).
The permittee may use training materials from the Agency's Smart Salting training or other
organizations to meet this requirement.
Name of relevant attachment(s):
Click or tap here to enter text.
6. The permittee must maintain written procedures for the purpose of determining the TSS and TP 21.8
treatment effectiveness of all permittee owned/operated ponds constructed and used for the
collection and treatment of stormwater.
Name of relevant attachment(s):
Click or tap here to enter text.
7. The permittee must inspect structural stormwater BMPs (excluding stormwater ponds, which are 21.9
under a separate schedule below) each calendar year to determine structural integrity, proper
function, and maintenance needs unless the permittee determines either of the following
conditions apply:
a. complaints received or patterns of maintenance indicate a greater frequency is necessary; or
b. maintenance or sediment removal is not required after completion of the first two calendar year
inspections; in which case the permittee may reduce the frequency of inspections to once every
two (2) calendar years.
Name of relevant attachment(s):
Click or tap here to enter text.
8. Based on inspection findings, the permittee must determine if repair, replacement, or maintenance 21.11
measures are necessary in order to ensure the structural integrity and proper function of structural
stormwater BMPs and outfalls. The permittee must complete necessary maintenance as soon as
possible. If the permittee determines necessary maintenance cannot be completed within one
year of discovery, the permittee must document a schedule(s) for completing the maintenance.
Provide any maintenance schedules as described above.
Name of relevant attachment(s):
Click or tap here to enter text.
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MCM 6ItemPermit reference
9. The permittee must implement a stormwater management training program commensurate with 21.12
individual's responsibilities as they relate to the permittee's SWPPP, including reporting and
assessment activities. The permittee may use training materials from the United States
Environmental Protection Agency (USEPA), state and regional agencies, or other organizations as
appropriate to meet this requirement. The training program must:
a. address the importance of protecting water quality;
b. cover the requirements of the permit relevant to the responsibilities of the individual not already
addressed in items 18.8, 18.9, 19.11, 20.18, and 21.7; and
c. include a schedule that establishes initial training for individuals, including new and/or seasonal
employees, and recurring training intervals to address changes in procedures, practices, techniques,
or requirements.
Provide any training materials and resources used to meet the above requirements (e.g., materials
that educate employees about pollution prevention strategies to implement during their daily job
duties).
Name of relevant attachment(s):
Click or tap here to enter text.
The permittee must document the following information associated with the operations and
10. 21.13
maintenance program:
a. date(s) and description of findings, including whether or not an illicit discharge is detected, for all
inspections conducted in accordance with items 21.9 and 21.10;
b. any adjustments to inspection frequency as authorized in item 21.9;
c. date(s) and a description of maintenance conducted as a result of inspection findings, including
whether or not an illicit discharge is detected;
d. schedule(s) for maintenance of structural stormwater BMPs and outfalls as required in item 21.11;
and
e. stormwater management training events, including general subject matter covered, names and
departments of individuals in attendance, and date of each event.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
11. The permittee must document pond sediment excavation and removal activities, including: 21.14
a. a unique ID number and geographic coordinates of each stormwater pond from which sediment is
removed;
b. the volume (e.g., cubic yards) of sediment removed from each stormwater pond;
c. results from any testing of sediment from each removal activity; and
d. location(s) of final disposal of sediment from each stormwater pond.
Provide the above documentation over the last 24 months.
Name of relevant attachment(s):
Click or tap here to enter text.
The permittee must conduct an annual assessment of the operations and maintenance program to
12. 21.15
evaluate program compliance, the status of achieving the measurable requirements in Section 21,
and determine how the program might be improved. Measurable requirements are activities that must
be documented or tracked as applicable to the MCM (e.g., inventory, trainings, inspections,
maintenance activities, etc.). The permittee must perform the annual assessment prior to completion
of each annual report and document any modifications made to the program as a result of the annual
assessment.
Provide documentation for any modifications made to the program as a result of the annual
assessment over the last 12 months.
Name of relevant attachment(s):
Click or tap here to enter text.
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Discharges to Impaired Waters with a USEPA-Approved TMDL that Includes an Applicable
WLA (Section 22)
ItemPermit reference
If the permittee has an applicable WLA where a reduction in pollutant loading is required for
1. 22.3
bacteria, the permittee must maintain a written or mapped inventory of potential areas and
sources of bacteria (e.g., dense populations of waterfowl or other bird, dog parks).
Name of relevant attachment(s):
Click or tap here to enter text.
If the permittee has an applicable WLA where a reduction in pollutant loading is required for
2. 22.4
bacteria, the permittee must maintain a written plan to prioritize reduction activities to address the
areas and sources identified in the inventory in item 22.3.The written plan must include BMPs
the permittee will implement over the permit term, which may include, but is not limited to:
a. water quality monitoring to determine areas of high bacteria loading;
b. installation of pet waste pick-up bags in parks and open spaces;
c. elimination of over-spray irrigation that may occur at permittee owned areas;
d. removal of organic matter via street sweeping;
e. implementation of infiltration structural stormwater BMPs; or
f. management of areas that attract dense populations of waterfowl (e.g., riparian plantings).
Name of relevant attachment(s):
Click or tap here to enter text.
If the permittee has an applicable WLA where a reduction in pollutant loading is required for
3. 22.5
chloride, the permittee must document the amount of deicer applied each winter maintenance
season to all permittee owned/operated surfaces.
Name of relevant attachment(s):
Click or tap here to enter text.
If the permittee has an applicable WLA where a reduction in pollutant loading is required for
4. 22.6
chloride, each calendar year the permittee must conduct an assessment of the permittee's winter
maintenance operations to reduce the amount of deicing salt applied to permittee
owned/operated surfaces and determine current and future opportunities to improve BMPs. The
permittee may use the Agency's Smart Salting Assessment Tool or other available resources and
methods to complete this assessment. The permittee must document the assessment. The
assessment may include, but is not limited to:
a. operational changes such as pre-wetting, pre-treating the salt stockpile, increasing plowing
prior to deicing, monitoring of road surface temperature, etc.;
b. implementation of new or modified equipment providing pre-wetting, or other capability for
minimizing salt use;
c. regular calibration of equipment;
d. optimizing mechanical removal to reduce use of deicers; or
e. designation of no salt and/or low salt zones.
vant attachment(s):
Name of rele
Click or tap here to enter text.
5. If the permittee has an applicable WLA where a reduction in pollutant loading is required for 22.7
temperature (i.e., City of Duluth, City of Hermantown, City of Rice Lake, City of Stillwater,
MnDOT Outstate, St. Louis County, University of Minnesota - Duluth, and Lake Superior
College), the permittee must maintain a written plan that identifies specific activities the permittee
will implement to reduce thermal loading during the permit term. The written plan may include,
but is not limited to:
a. implementation of infiltration BMPs such as bioinfiltration practices;
b. disconnection and/or reduction of impervious surfaces;
c. retrofitting existing structural stormwater BMPs; or
d. improvement of riparian vegetation.
Name of relevant attachment(s):
Click or tap here to enter text.
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Appendix A
Construction site stormwater runoff control regulatory mechanism(s)
If your regulatory mechanism does not reference compliance with the NPDES Construction Stormwater General Permit, please
provide the exact language from your regulatory mechanism that meets the following criteria.
MCM 4 – Construction site stormwater runoff control
MS4 General Permit
MCM 4Item -Language adapted from the2018 Construction Stormwater General Permit (MNR100001)reference
Regulatory mechanism(s) that establishes requirements for erosion, sediment, and waste controls that
19.3 & 19.5
is at least as stringent as Construction Stormwater General Permit. The regulatory mechanism(s)
includes the following:
Note: In the language below, “owner(s)/operator(s)” is a broadly defined as the person(s), firm(s), governmental agency(ies), or
other entity(ies) responsible for compliance with the terms and conditions of the MS4 permittee’s regulatory mechanism(s).
Typically, the “owner” possesses the title of land on which construction activities occur and the “operator” is the general
contractor.
1.Before work begins, owner(s)/operator(s) must delineate the location of areas not to be disturbed.19.5.a
Name of relevant attachment(s):
Erosion prevention
practices
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
Owner(s)/operator(s) must minimize the need for disturbance of portions of the project with steep slopes.
2.
When steep slopes must be disturbed, owner(s)/operator(s) must use techniques such as phasing and
stabilization practices designed for steep slopes (e.g., slope draining and terracing).
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
Owner(s)/operator(s) must stabilize all exposed soil areas, including stockpiles. Stabilization must be
3.
initiated immediately to limit soil erosion when construction activity has permanently or temporarily
ceased on any portion of the site and will not resume for a period exceeding 14* calendar days.
Stabilization must be completed no later than 14* calendar days after the construction activity has
ceased. Stabilization is not required on constructed base components of roads, parking lots and similar
surfaces. Stabilization is not required on temporary stockpiles without significant silt, clay or organic
components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) but
owner(s)/operator(s) must provide sediment controls at the base of the stockpile.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
*For any project that is within one mile (aerial radius measurement) of, and flows to “impaired
4.
waters”, “other special waters”, “prohibited waters”, and/or “restricted waters” as defined in the
Construction Stormwater General Permit, owner(s)/operator(s) must immediately initiate
stabilization of exposed soil areas, and complete the stabilization within seven (7) calendar days
after the construction activity in that portion of the site temporarily or permanently ceases.
Name of relevant attachment(s):
Click or tap here to enter text.
Language from the attachment that fulfills the above requirement:
Click or tap here to enter text.
Regulatory citation (page or part number):
Click or tap here to enter text.
For Public Waters that the Minnesota Department of Natural Resources (DNR) has promulgated “work in
5.
water restrictions” during specified fish spawning time frames, owner(s)/operator(s) must complete
stabilization of all exposed soil areas within 200 feet of the water’s edge, and that drain to these waters,
within 24 hours during the restriction period.
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6. Owner(s)/operator(s) must stabilize the normal wetted perimeter of the last 200 linear feet of temporary or
permanent drainage ditches or swales that drain water from the site within 24 hours after connecting to a
surface water or property edge. Owner(s)/operator(s) must complete stabilization of the remaining
portions of temporary or permanent ditches or swales within 14 calendar days after connecting to a
surface water or property edge and construction in that portion of the ditch temporarily or permanently
ceases.
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Temporary or permanent ditches or swales that are being used as a sediment containment system during
7.
construction (with properly designed rock-ditch checks, bio rolls, silt dikes, etc.) do not need to be stabilized.
Owner(s)/operator(s) must stabilize these areas within 24 hours after their use as a sediment containment
system ceases.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
8. Owner(s)/operator(s) must not use mulch, hydromulch, tackifier, polyacrylamide or similar erosion
prevention practices within any portion of the normal wetted perimeter of a temporary or permanent drainage
ditch or swale section with a continuous slope of greater than two percent.
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Owner(s)/operator(s) must provide temporary or permanent energy dissipation at all pipe outlets within
9.
24 hours after connection to a surface water or permanent stormwater treatment system.
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Owner(s)/operator(s) must not disturb more land (i.e., phasing) than can be effectively inspected and
10.
maintained.
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Owner(s)/operator(s) must establish sediment control BMPs on all down gradient perimeters of the site
11. 19.5.b
and downgradient areas of the site that drain to any surface water, including curb and gutter systems.
Sediment control
Owner(s)/operator(s) must locate sediment control practices upgradient of any buffer zones.
practices
Owner(s)/operator(s) must install sediment control practices before any upgradient land-disturbing
activities begin and must keep the sediment control practices in place until they establish permanent
cover.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
12. If the downgradient sediment controls are overloaded, based on frequent failure or excessive
maintenance requirements, owner(s)/operator(s) must install additional upgradient sediment control
practices or redundant BMPs to eliminate the overloading and amend the site plans to identify these
additional practices.
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Temporary or permanent drainage ditches and sediment basins designed as part of a sediment
13.
containment system (e.g., ditches with rock-check dams) require sediment control practices only as
appropriate for site conditions.
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A floating silt curtain placed in the water is not a sediment control BMP to satisfy perimeter control
14.
requirements in this part except when working on a shoreline or below the waterline. Immediately after
the short term construction activity (e.g. installation of rip rap along the shoreline) in that area is
complete, owner(s)/operator(s) must install an upland perimeter control practice if exposed soils still
drain to a surface water.
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Owner(s)/operator(s) must re-install all sediment control practices adjusted or removed to
15.
accommodate short-term activities such as clearing or grubbing, or passage of vehicles, immediately
after the short-term activity is completed. Owner(s)/operator(s) must re-install sediment control
practices before the next precipitation event even if the short-term activity is not complete.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
16. Owner(s)/operator(s) must protect all storm drain inlets using appropriate BMPs during construction
until they establish permanent cover on all areas with potential for discharging to the inlet.
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17. Owner(s)/operator(s) may remove inlet protection for a particular inlet if a specific safety concern (e.g.,
street flooding/freezing) is identified by owner(s)/operator(s) or the jurisdictional authority (e.g.,
city/county/township/ MnDOT engineer). Owner(s)/operator(s) must document the need for removal in the
site plans.
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Owner(s)/operator(s) must provide silt fence or other effective sediment controls at the base of
18.
stockpiles on the downgradient perimeter.
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Owner(s)/operator(s) must locate stockpiles outside of natural buffers or surface waters, including
19.
stormwater conveyances such as curb and gutter systems unless there is a bypass in place for the
stormwater.
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20. Owner(s)/operator(s) must install a vehicle tracking BMP to minimize the track out of sediment from the
construction site or onto paved roads within the site.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
21. Owner(s)/operator(s) must use street sweeping if vehicle tracking BMPs are not adequate to prevent
sediment tracking onto the street.
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22. In any areas of the site where final vegetative stabilization will occur, owner(s)/operator(s) must restrict
vehicle and equipment use to minimize soil compaction.
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23. Owner(s)/operator(s) must preserve topsoil on the site, unless infeasible.
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24. Owner(s)/operator(s) must direct discharges from BMPs to vegetated areas unless infeasible.
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Owner(s)/operator(s) must preserve a 50* foot natural buffer or, if a buffer is infeasible on the site, provide
25.
redundant (double) perimeter sediment controls when a surface water is located within 50* feet of the
project’s earth disturbances and stormwater flows to the surface water. Owner(s)/operator(s) must install
perimeter sediment controls at least 5 feet apart unless limited by lack of available space. Natural buffers
are not required adjacent to road ditches, judicial ditches, county ditches, stormwater conveyance
channels, storm drain inlets, and sediment basins. If preserving the buffer is infeasible,
owner(s)/operator(s) must document the reasons in the site plans. Sheet piling is a redundant perimeter
control if installed in a manner that retains all stormwater.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
26. *For any project that is within one mile (aerial radius measurement) of, and flows to “impaired waters”,
“other special waters”, “prohibited waters”, and/or “restricted waters” as defined in the Construction
Stormwater General Permit, owner(s)/operator(s) must include an undisturbed buffer zone of not less
than 100 linear feet from a special water (not including tributaries) and must maintain this buffer zone at
all times, both during construction and as a permanent feature post construction, except where a water
crossing or other encroachment is necessary to complete the project. Owner(s)/operator(s) must fully
document the circumstance and reasons the buffer encroachment is necessary in the site plans and
include restoration activities. Owner(s)/operator(s) must minimize all potential water quality, scenic and
other environmental impacts of these exceptions by the use of additional or redundant (double) BMPs
and must document this in the site plans for the project.
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27. Owner(s)/operator(s) must use polymers, flocculants, or other sedimentation treatment chemicals in
accordance with accepted engineering practices, dosing specifications and sediment removal design
specifications provided by the manufacturer or supplier. Owner(s)/operator(s) must use conventional
erosion and sediment controls prior to chemical addition and must direct treated stormwater to a
sediment control system for filtration or settlement of the floc prior to discharge.
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Owner(s)/operator(s) must discharge turbid or sediment-laden waters related to dewatering or basin
28. 19.5.c
draining (e.g., pumped discharges, trench/ditch cuts for drainage) to a temporary or permanent sediment
Dewatering and basin
basin on the project site unless infeasible. Owner(s)/operator(s) may dewater to surface waters if they
draining
visually check to ensure adequate treatment has been obtained and nuisance conditions (see Minn. R.
7050.0210, subp. 2) will not result from the discharge. If owner(s)/operator(s) cannot discharge the water
to a sedimentation basin prior to entering a surface water, owner(s)/operator(s) must treat it with
appropriate BMPs such that the discharge does not adversely affect the surface water or downstream
properties.
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If owner(s)/operator(s) must discharge water that contains oil or grease, owner(s)/operator(s) must use
29.
an oil-water separator or suitable filtration device (e.g. cartridge filters, absorbents pads) prior to
discharge.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
30. Owner(s)/operator(s) must discharge all water from dewatering or basin-draining activities in a manner
that does not cause erosion or scour in the immediate vicinity of discharge points or inundation of
wetlands in the immediate vicinity of discharge points that causes significant adverse impact to the
wetland.
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If owner(s)/operator(s) use filters with backwash water, they must haul the backwash water away for
31.
disposal, return the backwash water to the beginning of the treatment process, or incorporate the
backwash water into the site in a manner that does not cause erosion.
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Owner(s)/operator(s) must ensure that a trained person will inspect the entire construction site at least
32. 19.5.d
once every seven (7)* days during active construction and within 24 hours after a rainfall event greater
Inspection and
than one-half inch in 24 hours.
maintenance
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*For any project that is within one mile (aerial radius measurement) of, and flows to“prohibited
33.
waters”, as defined in the Construction Stormwater General Permit, owner(s)/operator(s) must
conduct routine site inspections once every three (3) days.
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34. Owner(s)/operator(s) must inspect and maintain all permanent stormwater treatment BMPs.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
35. Owner(s)/operator(s) must inspect all erosion prevention and sediment control BMPs and Pollution
Prevention Management Measures to ensure integrity and effectiveness. Owner(s)/operator(s) must
repair, replace, or supplement all nonfunctional BMPs with functional BMPs by the end of the next
business day after discovery unless another time frame is specified below. Owner(s)/operator(s) may
take additional time if field conditions prevent access to the area.
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During each inspection, owner(s)/operator(s) must inspect surface waters, including drainage ditches
36.
and conveyance systems but not curb and gutter systems, for evidence of erosion and sediment
deposition. Owner(s)/operator(s) must remove all deltas and sediment deposited in surface waters,
including drainage ways, catch basins, and other drainage systems and restabilize the areas where
sediment removal results in exposed soil. Owner(s)/operator(s) must complete removal and
stabilization within seven (7) calendar days of discovery unless precluded by legal, regulatory, or
physical access constraints. Owner(s)/operator(s) must use all reasonable efforts to obtain access. If
precluded, removal and stabilization must take place within seven (7) calendar days of obtaining
access. Owner(s)/operator(s) are responsible for contacting all local, regional, state and federal
authorities and receiving any applicable permits, prior to conducting any work in surface waters.
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Owner(s)/operator(s) must inspect construction site vehicle exit locations, streets and curb and gutter
37.
systems within and adjacent to the project for sedimentation from erosion or tracked sediment from
vehicles. Owner(s)/operator(s) must remove sediment from all paved surfaces within one (1) calendar
day of discovery or, if applicable, within a shorter time to avoid a safety hazard to users of public
streets.
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38. Owner(s)/operator(s) must repair, replace, or supplement all perimeter control devices when they
become nonfunctional or the sediment reaches one-half of the height of the device.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
39. Owner(s)/operator(s) must drain temporary and permanent sedimentation basins and remove the
sediment when the depth of sediment collected in the basin reaches one-half of the storage volume.
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40. Owner(s)/operator(s) must ensure that at least one individual present on the site (or available to the
project site in three (3) calendar days) is trained in the job duties of overseeing the implementation of,
revising and/or amending the site plans and performing inspections for the project.
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41. Owner(s)/operator(s) may adjust the inspection schedule as follows:
a. inspections of areas with permanent cover can be reduced to once per month, even if
constructionactivity continues on other portions of the site; or
b. where construction sites have permanent cover on all exposed soil areas and no construction
activity is occurring anywhere on the site, inspections can be reduced to once per month and,
after 12 months, may be suspended completely until construction activity resumes. The MPCA
may require inspections to resume if conditions warrant; or
c. where construction activity has been suspended due to frozen ground conditions, inspections
may be suspended. Inspections must resume within 24 hours of runoff occurring, or upon
resuming construction, whichever comes first.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
42. Owner(s)/operator(s) must record all inspections and maintenance activities within 24 hours of being
conducted and these records must be retained with the site plans. These records must include:
a. date and time of inspections; and
b. name of person(s) conducting inspections; and
c. accurate findings of inspections, including the specific location where corrective actions are
needed; and
d. corrective actions taken (including dates, times, and party completing maintenance activities);
and
e. date of all rainfall events greater than one-half inch in 24 hours, and the amount of rainfall for
each event. Owner(s)/operator(s) must obtain rainfall amounts by either a properly maintained
rain gauge installed onsite, a weather station that is within one (1) mile of
owner(s)/operator(s)r location, or a weather reporting system that provides site specific rainfall
data from radar summaries; and
f. if owner(s)/operator(s) observe a discharge during the inspection, they must record and
shouldphotograph and describe the location of the discharge (i.e., color, odor, settled or
suspended solids, oil sheen, and other obvious indicators of pollutants); and
g. any amendments to the site plans proposed as a result of the inspection must be documented
within seven (7) calendar days.
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43. Owner(s)/operator(s) must place building products and landscape materials under cover (e.g., plastic 19.5.e
sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact
Pollution prevention
with stormwater. Owner(s)/operator(s) are not required to cover or protect products which are either not
management
a source of contamination to stormwater or are designed to be exposed to stormwater.
measures
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Owner(s)/operator(s) must place pesticides, fertilizers and treatment chemicals under cover (e.g.,
44.
plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize
contact with stormwater.
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MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
45. Owner(s)/operator(s) must store hazardous materials and toxic waste, (including oil, diesel fuel,
gasoline, hydraulic fluids, paint solvents, petroleum-based products, wood preservatives, additives,
curing compounds, and acids) in sealed containers to prevent spills, leaks or other discharge. Storage
and disposal of hazardous waste materials must be in compliance with Minn. R. ch. 7045 including
secondary containment as applicable.
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Owner(s)/operator(s) must properly store, collect, and dispose of solid waste in compliance with Minn.
46.
R. ch. 7035.
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Owner(s)/operator(s) must position portable toilets so they are secure and will not tip or be knocked
47.
over. Owner(s)/operator(s) must dispose of sanitary waste in accordance with Minn. R. ch. 7041.
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48. Owner(s)/operator(s) must take reasonable steps to prevent the discharge of spilled or leaked
chemicals, including fuel, from any area where chemicals or fuel will be loaded or unloaded including
the use of drip pans or absorbents unless infeasible. Owner(s)/operator(s) must ensure adequate
supplies are available at all times to clean up discharged materials and that an appropriate disposal
method is available for recovered spilled materials. Owner(s)/operator(s) must report and clean up
spills immediately as required by Minn. Stat. § 115.061, using dry clean up measures where possible.
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MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
49. Owner(s)/operator(s) must limit vehicle exterior washing and equipment to a defined area of the site.
Owner(s)/operator(s) must contain runoff from the washing area in a sediment basin or other similarly
effective controls and must dispose of waste from the washing activity properly. Owner(s)/operator(s)
must properly use and store soaps, detergents, or solvents.
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Owner(s)/operator(s) must provide effective containment for all liquid and solid wastes generated by
50.
washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds and other
construction materials) related to the construction activity. Owner(s)/operator(s) must prevent liquid and
solid washout wastes from contacting the ground and must design the containment so it does not result
in runoff from the washout operations or areas. Owner(s)/operator(s) must properly dispose of liquid
and solid wastes in compliance with Minn. R. ch. 7035. Owner(s)/operator(s) must install a sign
indicating the location of the washout facility.
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51. Where ten (10)* or more acres of disturbed soil drain to a common location, owner(s)/operator(s) must 19.5.f
provide a temporary sediment basin to provide treatment of the runoff before it leaves the construction
Temporary sediment
site or enters surface waters. Owner(s)/operator(s) may convert a temporary sediment basin to a
basins
permanent basin after construction is complete. The temporary basin is no longer required when
permanent cover has reduced the acreage of disturbed soil to less than ten (10)* acres draining to a
common location.
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*For any project that is within one mile (aerial radius measurement) of, and flows to “impaired
52.
waters”, “other special waters”, “prohibited waters”, and/or “restricted waters” as defined in
the Construction Stormwater General Permit, owner(s)/operator(s) must provide a temporary
sediment basin for common drainage locations that serve an area with five (5) or more acres
disturbed at one time.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
53. The temporary basin must provide live storage for a calculated volume of runoff from a two (2)-year,
24-hour storm from each acre drained to the basin or 1,800 cubic feet of live storage per acre drained,
whichever is greater.
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Where owner(s)/operator(s) have not calculated the two (2)-year, 24-hour storm runoff amount, the
54.
temporary sediment basin must provide 3,600 cubic feet of live storage per acre of the basin’s drainage
area.
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Owner(s)/operator(s) must design basin outlets to prevent short-circuiting and the discharge of floating
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debris.
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Owner(s)/operator(s) must design the outlet structure to withdraw water from the surface to minimize
56.
the discharge of pollutants. Owner(s)/operator(s) may temporarily suspend the use of a surface
withdrawal mechanism during frozen conditions. The basin must include a stabilized emergency
overflow to prevent failure of pond integrity.
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57. Owner(s)/operator(s) must provide energy dissipation for the basin outlet within 24 hours after
connection to a surface water.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
58. Owner(s)/operator(s) must locate temporary basins outside of surface waters and any required buffer
zones.
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59. Owner(s)/operator(s) must construct temporary basins prior to disturbing (10) or more acres of soil
draining to a common location.
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Where a temporary sediment basin meeting the requirements of this part is infeasible,
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owner(s)/operator(s) must install effective sediment controls such as smaller sediment basins and/or
sediment traps, silt fences, vegetative buffer strips or any appropriate combination of measures as
dictated by individual site conditions. In determining whether installing a sediment basin is infeasible,
owner(s)/operator(s) must consider public safety and may consider factors such as site soils, slope,
and available area on-site. Owner(s)/operator(s) must document this determination of infeasibility in the
site plans.
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Owner(s)/operator(s) must complete all construction activity and must install permanent cover over all
61. 19.5.g
areas. Vegetative cover must consist of a uniform perennial vegetation with a density of 70 percent of its
Termination
expected final growth. Vegetation is not required where the function of a specific area dictates no
conditions
vegetation, such as impervious surfaces or the base of a sand filter.
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MS4 General Permit
MCM 4Item - Language adapted from the 2018 Construction Stormwater General Permit (MNR100001) reference
62. Owner(s)/operator(s) must clean the permanent stormwater treatment system of any accumulated
sediment and must ensure the system meets all applicable requirements and is operating as designed.
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63. Owner(s)/operator(s) must remove all sediment from conveyance systems.
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64. Owner(s)/operator(s) must remove all temporary synthetic erosion prevention and sediment control BMPs.
Owner(s)/operator(s) may leave BMPs designed to decompose on-site in place.
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For residential construction only, permit coverage terminates on individual lots if the structure(s) are
65.
finished and temporary erosion prevention and downgradient perimeter control is complete and the
residence sells to the homeowner.
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For construction projects on agricultural land (e.g., pipelines across cropland), owner(s)/operator(s)
66.
must return the disturbed land to its preconstruction agricultural use.
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