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HomeMy WebLinkAbout1997-11-01 MPCA Ltr to NSP Re General Storm Water PermitNovember 1, 1997 Mr. Chuck Donkers Northern States Power Company 414 Nicollet Mall Minneapolis MN 55401 Dear Permittee: John N. Hoick Manager, Nonpoint Source Section Water Quality Division enclosures Minnesota Pollution Contro Reissuance of the storm water permit for the following facility Storm Water ID A00000519 Northern States Power Company Allen S King Ash Site Storm Water Permit 210 N 10th Ave Oak Park Heights MN 55082 RE: New General Storm Water Permit for Industrial Activity (MN G611000), Replaces Old Permit (MN G610000) 4111 i 4 cy Enclosed you will find your copy of the above referenced permit. As indicated on the front page of the permit, your facility is covered by this permit throught October 31, 2002. In addition to your permit, the following items are enclosed in the accompanying folder: The First Annual Report this report must be completed and submitted to the Minnesota Pollution Control Agency (MPCA) by no later than March 31, 1998 for the period January 1, 1997 December 31, 1997. An Inspection Form this form is provided for your convenience to be used for documenting your site inspections. You are not required to document inspection findings with this form you may use your own document, as long as the information required by the permit is collected. A Transfer/Modification Form this form is provided for your convenience for use by your facility should the facility come under different ownership and the new owner seeks permit coverage or you seek to modify your coverage under the permit. A document that summarizes the differences between the old permit (MN G610000) and the new permit (MN G611000). The primary goal of the old and new permits is for Permittees to develop and implement Storm Water Pollution Prevention Plans (Plans) for their facilities. However, the old and new permits have different requirements for what must be in the Plan. Because Permittees will generally need some time in which to modify their Plans to conform with the new permit's requirements, you will be allowed to modify Plans until March 31, 1998. The MPCA will refrain from enforcement until that date for Permittees having Plans that have not been modified to comply with MN G611000. Following that date, all Permittees will be expected to have Plans that satisfy the requirements of the new permit. Permittees with Plans that do not comply with either the old or new general storm water permit requirements are not exempt from enforcement during this time period. If you have any questions regarding requirements in your new permit, please contact MPCA storm water staff at (612)296-3960 or 1-800-657-3864. Thank you for your attention. f\le COO E fkix0 fkecof d CenteT 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (Voice); (612) 282-5332 (TTY) Regional Offices: Duluth Brainerd Detroit Lakes Marshall Rochester Equal Opportunity Employer Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. NolowiwislIP%milow •r• .A.i.,, J• 'General Permit 1 1 •,',-,,,,,3,-,;-,,,-' i STA TE 0 TA 1, 'zr" innesota'Pollution ControtAgency ••,ri, ,i-, ,i.. ater Quahty Division r ':,•National Pollutant Discharge Elimination System PD and State Disposal System (SDS) "i- ISSUANCE DATE: 1, 1997 EXPIRATION DATE October 31, 2002 This permit satisfies the provisions of the Clean Water Act, as amended, (33 U.S.c:',1251 et. seq 40 CFR 122, 1, 123, and 124, as amended, et. seq. 'Stat. chs. 115 and 116, as anindect,.aiid Mj Rules ch. 7001. 4 4 Owners or operators of faaihties identified d ,.4. 40-;CFR. 122.26(1) )(14)(1) through (ix) and (xi) are covered under application y have provided a this permit if the complete permit •:,:1,-:,,---- ..'0 o sr r A. facility engaged in industrial activity, and,meeting and conditions of this permit is permitted to J.,...• s discharge storm water to the waters of thiate,. as aiithorized:bythe State, of Mifiries6t, on behalf of.itscitizens ,,•?g-- e oal of this permit is to protect water quality in through the MinnesotaToilution.7 OntrOtAgenc ti A'-. Signature: General Storm Water Permit for Industrial Activity Permit WIN G611000 :fr ,•..-4- s C: Minnesota Pollution Control Agency John r o p ;Manager, Norip9intS?urce CompIian Section S A2 Water Quality Division i f or Page 1 of 20 Permit MN G611000 Peder arson., ,Conurussioner Minnesota Pollution Control Agency 4 If you have questions on this permit, ixicludrng the•:'specifie pehiiitiequir6iients, permit reporting or permit compliance status, please contact: 1 Minnesota Pollution Control Agency Water Quality Division, Storm Water Permit Program 520 Lafayette Road North St. Paul, MN 55155-4194 Telephone (612) 296-3960 Fax (612) 282-6247 Telephone Device for the Deaf (TTY): (612) 282-5332 PART I. APPLICABILITY CRITERIA 3 A. Application for Coverage 3 B. Facilities Not Covered 3 PART II. SPECIAL REQUIREMENTS 4 A. Storm Water Pollution Prevention Plan 4 B. Recommended BMPs 8 C. Implementation Schedule 11 D. Inspections and Maintenance 11 E. Reporting 12 F. Records 13 G Notification ......o.aeoon...... e...... e o...... o..........eoaa..oeea.o..... 1 3 H. Extension of Deadlines 13 I. Requests for Termination of Coverage 13 J. Summary of Required Activities and Submittals 14 PART 111. STANDARD REQUIREMENTS 0.........®............. 15. A. B C. D. E. F. G. H. I. Table of Corte is Page 2 of 20 Permit MN G611000 Response .......00.........9.9.....9 ................0.00..9........ .........0................09... 00000....0 ...0.0...0.00...0.00.. 15 Prohibition Transfer Ownership or Control Issuance of Individual Permit Permit Reapplication Right of Entry Civil and Criminal Liability__ ....0 Oil and .Hazardous Substance Liability Liability Exemption 3. Minnesota Laws K. Property Rights L. Severability M. NPDES /SDS Rule N. Other Statutes, Rules and Ordinances 9 a More Stringent Rules P. Agency Obligation PART TV. DEFINITIONS 19 e•- 1. APPLICABILITY CRITERIA I.A. Application for Coverage Page 3 of 20 Permit MN G611000 ILA.1. Except as provided under Part I.B., facilities discharging storm water associated with industrial activity as defined in 40 CFR 122.26(b)(14) are eligible for coverage under this permit. I.A.2. The permit will become effective 48 hours after the postmarked date of the completed permit application. A completed permit application must indicate that a Storm Water Pollution Prevention Plan has been completed, and must be signed and dated by an authorized individual, and must be accompanied by a check or money order for the amount of the application fee. Failure to submit a complete and accurate application will result in the facility being denied coverage under the permit. I.A.3. Permittees will receive a "Notice of Industrial Storm Water Permit Coverage" card acknowledging permit coverage within 30 days after the postmarked date of the completed permit application. The "Notice of Industrial Storm Water Permit Coverage" card must be posted at any one of the following locations: a. loading dock area; b. vehicle fueling and maintenance area; c. bulletin board or other display area visible to employees; d. wherever an MPCA Hazardous Waste Registration Card or County Hazardous Waste License is displayed; e. other area where facility employees are likely to be. LA.4. A permit applicant or Permittee may request an individual permit to authorize discharge of storm water. 1.B. Facilities Not Covered I.B.1. Facilities that are otherwise eligible to receive permit coverage in which all storm water discharges associated with industrial activity are addressed under an existing individual or industry specific general NDPES permit are not required to be covered under this permit. Facilities that are otherwise eligible to receive permit coverage in which a portion of the industrial storm water discharges are covered under an individual or industry specific general NPDES permit are not required to be covered under this permit for those storm water discharges covered by other permits. All boldfaced terms are defined in "Definitions pages 19 and 20 8 Page 4 of 20 Permit MN G611000 I.B.2. Storm water discharges associated with construction activities except storm water discharges from asphalt plants, concrete plants, and sand and/or gravel operations located at construction sites are not eligible for coverage under this peimit. I.B.3. Sites for which Environmental Assessment Worksheets or Environmental Impact Statements are required, in accordance with Minn. R. ch. 4410, are not eligible for coverage under this permit until that environmental review is completed. IL SPECIAL REQUIREMENTS ILA. Storm Water Pollution Prevention Plan The P ermitte e shall develop and implement a Storm Water Pollution Prevention Plan (Plan) to address the specific conditions at the industrial facility. The goal of the Plan is to eliminate or minimize contact of storm water with significant materials that may result in pollution of the runoff. If contact cannot be eliminated or reduced, storm water that has contacted significant material should be treated before it is discharged from the site. The Plan requires completion of items II.A.1. II.A.9. indicated below. The Plan is not to be submitted to the Agency but is to be retained at the facility. Permittees covered under the previous version of this permit must revise their Plan, if necessary, to comply with the requirements of this permit. The following are general requirements of the Plano ILA.1 Complete a drainage map. The map should indicate the following items at or adjacent to the facility: a. drainage areas and directions of storm water runoff (indicated by arrows); b. discharge outfalls from the site (structures that carry storm water runoff from the facility such as ditches or storm sewers); c. the name and location of waters of the state that receive facility storm water runoff (if waters of the state are too distant from the facility to be indicated on the site map, indicate the name, direction and shortest distance to the lake, river, stream or wetland that receives runoff from your site); d. areas where significant materials are exposed to storm water; All boldfaced terms are defined in "Definitions pages 19 and 20 Page 5 of 20 Permit MN G611 000 ee locations of storm sewer inlets and an indication of which, if any, structures have floor drains or loading dock drains that are connected to storm sewers; and f, locations and types of Best Management Practices (BMPs) currently installed at the facility to reduce or eliminate pollutants to storm water. II.A.2. Complete an inventory of exposed significant materials. Indicate the types of significant materials handled or stored at the site that may potentially contact storm water. The following are examples of materials that, if exposed to storm water, must be included in the inventory: a. raw materials, such as fuels; solvents; petroleum products; detergents; plastic pellets; materials used in food processing or production; stockpiled sand, salt or coal; b. by-- products or intermediate products, such as wood dust, chips or bark; screened limestone, taconite or gravel byproduct, recycled blacktop; c. finished materials, such as metallic products, including scrap metal and recycled or scrap motor vehicle parts, old process equipment/machinery, taconite pellets; d.. waste products, such as ashes, sludge, solid and liquid waste, slag; e. hazardous substances designated under section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA); f. any chemical the facility is required to report under section 313 of the Emergency Planning and Community light -to -Know Act (EPCRA). II.A.3. Evaluate facility areas for exposure of significant materials to storm water. In creating the inventory of exposed significant materials, the Permittee must, at a minimum, evaluate the following areas at the industrial site (as well as other areas where appropriate) to determine whether or not significant materials are exposed in these areas: a. vehicle and equipment maintenance, parking and storage areas including fueling and washing /cleaning areas, to determine if there is discolored soil in these areas as a result of fuel and lubricant leaks and spills; All boldfaced terms are defined in "Definitions pages 19 and 20 c. loading and unloading areas; Page 6 of 20 Permit MN G611000 b. liquid storage tanks and other bulk material stockpile areas; d. outdoor manufacturing, processing or storage areas and industrial plant yards, to determine if there is discolored soil in these areas as a result of leaked or spilled solvents, fuels, or lubricants; e. dust or particulate generating areas including dust collection devices that may release dust; f. rooftops contaminated by industrial activity or operation of a pollution control device; g. on -site waste disposal areas, such as waste ponds, dunpsters, solid waste storage or management areas; and h. exposed (non-vegetated) soil areas where there is a potential for erosion to occur. II.A.4. Describe appropriate BMPs, including structural and nonstructural BMPs, that will be used at the facility to minimize or eliminate pollution of storm water at the site. The description must Include an objective for each BMP, as well as a description of how to evaluate proper functioning of the BMP and any maintenance requirements of the BMP. BMPs should target significant materials and areas identified in IILA.2. and II.A.3. of the permit. The following general categories of BMPs shall be considered and one or more shall be incorporated into the facility's Plan if significant materials are exposed to storm water on -site: a. Source reduction: reduce or eliminate the significant materials that are exposed to storm water. Materials management practices should be evaluated to determine if and how inventories of exposed materials can be reduced or eliminated. This can include cleanup of old equipment yards, periodic checking of dust control equipment to ensure there is no accumulation of dust in the area around the control equipment, removal and treatment of petroleum contaminated soil, consolidation of materials from many different areas into one area, and training employees regarding proper handling and disposal of materials. Significant materials may also be moved indoors or covered with a tarp or structure to eliminate contact with precipitation. All boldfaced terms are defined in "Definitions pages 19 and 20 Page 7 of 20 Permit. MN 0611000 b. Diversion: divert storm water drainage away from exposed significant materials through use of curbing, berms, sewers or other forms of drainage control or elevate exposed significant material above surrounding drainage. c. Treatment: where contact of storm water with significant materials is unavoidable, use treatment devices to reduce the concentration and amount of pollutants in the discharged storm water. Such devices include oillwater separators, storm water detention/retention ponds, and vegetated swales. II.A.5. Evaluate all discharge conveyances from the site (storm sewers, pipes, tile lines, ditches, etc.) to determine if liquids other than storm water are being discharged from these devices. This should be done during dry weather when storm water discharge is not occurring. The evaluation should cover sewer inlets and floor drains to determine which inlets /drains are connected to sanitary sewer lines, storm sewer lines, or septic tanks /drainage fields; appropriate methods such as dye or smoke testing or video imaging should be used to determine the source of discharges. The Plan must certify that discharges from the site have been evaluated for the presence of non -storm water discharges. The certification shall indicate the date of testing, location of testing, describe the method used to determine the source of discharges and the results of testing. Discharge of non-storm water (such as sanitary sewer or floor drain connections to storm sewers) is not authorized by this permit; before such discharge may continue, authorization under an appropriate NPDES permit must be obtained. II.A.6. Develop a preventive maintenance program. The program must require regular inspection and maintenance of storm water management devices (e.g. cleaning oillwater separators and catch basins), as well as inspecting and testing plant equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants (e.g. hydraulic leaks, torn bag -house filters) to surface waters. II.A.7. Develop a spill prevention and e response procedure. In order to develop p p this procedure, Permittees should evaluate where spills have occurred and where they have the potential to occur. Determine points e onnts for potential spill areas and develop appropriate spill prevention and containment measures, should a spill occur. Detailed procedures for cleaning -up spills shall be identified and made available to appropriate personnel. If your facility has any other spill contingency plan that satisfies the above requirements, that plan may be incorporated by reference into this Plan to satisfy this requirement. All boldfaced terms are defined in "Definitions pages 19 and 20 11. B. Recommended BMPs. All boldfaced terms are defined in "Definitions", pages 19 and 20 Page 8 of 20 Permit MN G611 000 II.A.8. Develop and implement an employee training program to inform appropriate personnel of the components and goals of the Plan. Training shall address spill response, good housekeeping and materials management practices. The Plan shall identify periodic dates for such training. II.A.9. Identify personnel responsible for managing and implementing the Plan as well as those responsible for the reporting requirements of this permit. This should include the facility contact person as indicated on the permit application. Identified personnel must be available at reasonable times of operation. The following table indicates recommended BMPs that would eliminate or reduce contact of significant materials, areas, and or activities with storm water or would treat storm water that has contacted significant material. Other appropriate methods that will eliminate or reduce contact, or treat storm water are acceptable. Permittees must collect and dispose of wastes in accordance with appropriate federal, state, and local requirements. Material, Area, or Activity storage areas /stockpiled materials (for materials including raw, intermediate and finished product) waste storage areas loading /unloading and other material handling areas Recommended .3IPs to reduce or eliminate contact or treat runoff Cover and/or enclose stored materials to prevent contact. Divert storm water around storage areas. Stack/pile material to minimize surface area exposed to precipitation. Practice good housekeeping measures such as frequent removal of debris. Install treatment measures to remove pollutants from runoffprior to discharge from the site. Minimize waste generated at the site. Store indoors or in covered dumpsters or under other types of cover. Divert storm water around areas. Install treatment devices to remove pollutants from runoff prior to discharge from the site. Cover loading and unloading areas. Divert storm water around areas. Where dust is likely to be generated Material, Area, or Activity loading/unloading and other material handling areas (continued) outdoor storage tanks or drums of fuel, lubricants, solvents. obsolete equipment stored outside floor, sink, or process wastewater connected to a storm sewer exterior vehicle and equipment washing All boldfaced terms are defined in "Definitions pages 19 and 20 Page 9 of 20 Permit MN G611000 Recommended BMPs to reduce or eliminate contact or treat runoff ff during material handling, install equipment or change methods of handling to minimize or eliminate dust generation. If liquid materials are being loaded or unloaded and if loadinglunloading areas drain to storm sewer inlets, prevent material from getting into the storm sewer inlets. Install treatment measures to remove pollutants from runoff prior to discharge from the site. Store drums inside (if allowed by Fire Marshall or insurer). Prepare and train appropriate employees in dealing with spills and Teaks properly, use dry clean -up methods when possible. Install impervious surface underneath drums. Prevent run-on to and runoff from tank and drum storage areas, provide adequate containment to hold spills and leaks. When possible, dispose of unused equipment properly, or move indoors. Drain fluids from equipment. Cover equipment. Divert storm water around equipment. Inspect and test floor, sink and process wastewater drains for proper connections and remove any connections to storm sewers or waters of the state. Conduct washing indoors or in a covered area. Contain and recycle washwaters. Discharge washwaters to sanitary sewer with permission of the receiving wastewater treatment authority. Do not allow off -site discharge of washwater. fueling areas Material, Area, or Activity exterior vehicle and equipment Evaluate washwater from steam washing (continued) vehicle and equipment dismantling and maintenance spills of liquid material areas of the facility with unstabilized soils subject to erosion. All boldfaced terms are defined in "Definitions pages 19 and 20 Page la of 20 Permit MN G611 000 Recommended BMPs to reduce or eliminate contact or treat runoff cleaning of parts contaminated with oils, greases or solvents that is not recycled to determine if it is hazardous. Dispose of hazardous sludge and washwater appropriately. Minimize run -on of storm water into the fueling area. Use dry clean-up methods for fuel area rather than hosing down the fuel area. Train appropriate employees on proper fueling practices. Install treatment devices to remove pollutants from runoff before it discharges from the site. Prevent spills during dismantling process. Contain any leaking or dripping fluids. Store dismantled vehicles and equipment and parts out of concentrated storm water flows (ditches, channels). Cover parts that have been contaminated with oils, greases or solvents. Store batteries in a nonleaking, covered container. O Promptly transfer used fluids to the proper closed container; empty drip pans when they fill. Stop the source of the spill immediately. Contain the liquid until cleanup is complete. Deploy oil containment booms if the spill may reach waters of the state or drainageways to waters of the state. Cover the spill with absorbent material. Dispose of cleanup materials properly. Report the spill to the Duty Officer, when appropriate. O Minimize run -on from adjacent areas. Seed and mulch or sod low traffic areas. Stabilize high traffic areas including vehicle entrances, exits, loading, Material, Area, or Activity Recommended BMPs to reduce or eliminate contact or treat runoff unloading and vehicle storage areas. Prevent sediment from unstabilized areas from leaving the site. Install treatment devices to remove pollutants from the runoff prior to discharge from the site. Enclose, cover, or contain blasting, sanding, and spray painting activities to the extent practical. Collect spent abrasives routinely and store under a cover to await proper disposal. Evaluate spent abrasives and removed paint to determine if it is hazardous. Test waste material for lead content and dispose of waste material properly. areas of the facility with unstabilized soils subject to erosion (continued) surface preparation, paint removal and paint spraying II. c. Implementation Schedule Page 11 of 20 Permit MN G6I 1 000 Permittees covered under the previous version of this permit are required to meet the implementation schedule identified in that permit for nonstructural and structural BMPs identified in the Plan developed under that permit. Any nonstructural or structural BMPs that were identified in the Plan that is developed/modified for this permit shall comply with the following schedule: II.C.1. Implement nonstructural BMPs that are identified in the Plan within 12 months of receiving permit coverage. II.C.2. Implement structural BMPs identified in the Plan within 18 months of receiving permit coverage II.D. Inspections and Maintenance II.D.1. Site inspections shall be conducted at least once every two months during non frozen conditions. Tnspections shall be conducted by an appropriately trained person at the facility site. The purpose of inspections is to: 1) determine whether structural and nonstructural BMEPs require maintenance or changes, and 2) evaluate the completeness and accuracy of the Plan. At least one inspection during a reporting period shall be conducted while storm water is discharging from the facility. Inspections may be documented using an inspection form provided by the All boldfaced terms are defined in "Definitions pages 19 and 20 Page 12 of 20 Permit MN G611000 MPCA. The following compliance items will be inspected, and documented where appropriate: ae evaluate the facility to determine that the Plan accurately reflects site conditions as described in Part IIoA. of the Permit document any inaccuracies; b. evaluate the facility to determine whether new exposed materials have been added to the site since completion of the Plan document any new significant materials; c. during the inspection conducted during the runoff event, observe the runoff to determine if it is discolored or otherwise visibly contaminated w document observations; d. determine if the nonstructural and structural BMPs as indicated in the Plan are installed and functioning properly, in accordance with the implementation schedule indicated in Part II.C. of the Permit II.D .2. Indicate the date and time of the inspection as well as the name of the inspector on the inspection forth. II.D.3. If conditions are observed at the site that require changes in the Plan, such changes shall be made to the Plan prior to submission of the annual report for that calendar year. II.D.4. If the findings of a site inspection indicate that BMPs are not meeting the objectives as identified in Part ILA. and Part ll B. of the permit, corrective actions must be initiated within 30 days and the BMP restored to full operation as soon as field conditions allow. II. E. Reporting For each year of permit coverage, the Agency shall provide an annual report form to Permittees; the annual report must be completed and submitted by Permittees to the following address for each year of permit coverage: MPCA Water Quality Division Storm Water Permit Program 520 Lafayette Road St. Paul, MN 55155 -4194 All boldfaced terms are defined in "Definitions pages 19 and 20 II. G. Notification Page 13 of 20 Permit MN G611000 Annual reports are due no later than March 31 and may be sent as early as January 1 of each year. The first annual report shall cover the time period since the facility received coverage under the permit to December 31st of the reporting year. Subsequent annual reports shall cover the calendar year since the previous reporting period. IILF. Records The Plan shall be retained for the duration of the permit. A copy of the Plan shall remain on the permitted site whenever Permittee staff are available on the site, and be available upon request. The Permittee shall maintain the following records for the period of permit coverage: dates of inspections; findings of inspections; corrective actions taken; O documentation of all changes to the Plan; O a copy of annual reports. If the Permittee discharges storm water into a municipal storm sewer, the Permittee shall notify the operator of the municipal storm sewer of the existence of this permit. II.PI. Extension of Deadlines A Permittee may request an extension for implementation of the nonstructural BMP and structural BMP requirements in the Plan within twelve (12) and eighteen (18) months after the Permittee has received coverage under the permit, g p respectively. A Permittee may also request an extension for corrective actions required under Part IILD.4 of this permit. Requests must be made in writing to the Water Quality Division, Storm Water Permit Program. After review of the extension request, the MPCA will provide a written response either approving or denying the extension request. ILL Requests for Termination of Coverage Permittees regulated by 40 CFR 122.26(b)(14)(xi) may request discontinuation of permit coverage by contacting the Agency to request an inspection by an MPCA staff member to certify that storm water does not contact significant material at the facility. The request should be directed to the MPCA, Water Quality Division, Storm Water Permit Program, 520 Lafayette Road North, $t. Paul, Minnesota 55155 -4194. All boldfaced terms are defined in "Definitions pages 19 and 20 II.J. Surnnrary of Required Activities and Submittals Page 14 of 20 Permit MN. G611000 II.J.1. Develop a Plan, in accordance with Parts ILA. and 11.B. of the permit prior to submitting a permit application. I1.3.2. Implement nonstructural BMPs within 12 months of receiving permit coverage; implement structural BMPs called for in the Plan within 18 months of receiving permit coverage. 11.13. Inspect the industrial facility to assure compliance with the Plan once every two months as required by Part II.D. of the permit. Document all inspections, maintain BMPs and update the Plan as required by Part I1.D. of the permit. At lea one inspection each calendar year must occur at a time when storm water is being discharged from the site. 11.3.4. Submit annual reports by no later than March 31 of each year for the previous calendar year as required by Part II.E. of the permit. All boldfaced terms are defined in "Definitions pages 19 and 20 IIIo STANDARD REQUIREMENTS III.A. Response 111.13. Prohibition Page 15 of 20 Permit MN G611000 The Permittee shall, when requested by the Commissioner, submit within a reasonable time the information and reports that are relevant to compliance with this permit, including the Plan, inspection reports, annual reports, and BMP plans and specifications. III.B.1. All discharges of storm water associated with industrial activity shall be composed entirely of storm water. Discharges of any material other than storm water are prohibited unless authorized under a separate NPDES permit. III.B.2. A discharge containing a hazardous substance in an amount equal to or in excess of the reporting quantity established under either 40 CFR 117 or 40 CFR 302 shall be reported to the MPCA. III.B.3. This permit does not authorize the discharge of hazardous substances or oil resulting from an on -site spill. III.B.4o This permit does not authorize nonstorm water discharge through a storm sewer conveyance system or any other conveyance system. III.C. Transfer Ownership or Control No permit may be assigned or transferred by the holder without the approval of the Commissioner. In the event of any changes in control or ownership of the facility, a request for permit transfer (form provided by the MPCA), signed by both parties shall be sent to the Agency (Attn: MPCA, Storm Water Permit Program, Water Quality Division, 520 Lafayette Road North, St. Paul, Minnesota 551554194). If the permit transfer is approved, any succeeding owner or controller also shall comply with the terms and conditions of this permit. III.D. Issuance of Individual Permit In considering whether it is appropirate to issue an individual permit, the Commissioner shall consider: All boldfaced terms are defined in "Definitions pages 19 and 20 Page 16 of 20 Permit MN G611000 III.D.1 whether the operations, emissions, activities, discharges, or facilities of the permit applicant or Permittee have characteristics creating the potential for significant environmental effects; III.D.2.whether the Permittee has been in compliance with the terms of the general permit and applicable statutes and rules; and III.D.3.whether the operations, emmissions, activities, discharges, or facilities have been altered such that they no longer fit within the category covered by the general permit. III.E. Permit Reapplication This permit and its authorization shall expire at midnight, five years from the date of issuance (see date indicated on cover letter of the permit). In order to receive authorization discharge storm water beyond the expiration date, the Permittee shall reapply to the Agency no later than 180 days prior to expiration. III.F. Right of Entry Upon presentation of credentials, the agency, or an authorized employee or agent of the agency, shall be allowed: III.F.l. to enter at reasonable times upon the Permittee's premises where a storm water discharge from an industrial facility or other portion thereof is located for the purpose of obtaining information, examination of records, conducting surveys or investigations; III.F.2. to bring such equipment upon the Permittee's premises as is necessary to conduct such surveys and investigations; III.F.3. to examine and copy any books, papers, records, or memoranda pertaining to the storm water discharge; and III.F.4. to sample and monitor any substances or parameters at any location. IIL G. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the Permittee from civil or criminal penalties for noncompliance with the terms and conditions provided herein. All boldfaced terms are defined in "Definitions", pages 19 and 20 TII.H. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the initiation of any legal Y g action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under Section 311 or the Act and Minn. Stat chs. 115 and 116, as amended, and any rules adopted thereunder. III.T. Liability Exemption This permit authorizes the Permittee to perform the activities described herein within the conditions set forth. In issuing this permit, the State/Agency assumes no responsibility for any damage to persons, property or the environment caused by the activities authorized or undertaken pursuant to this p ermit. To the extent the state /agency may have any liability for the activities of its employees, that liability is explicitly limited to that provided in the Torts Claim Act, Minn. Stat. 3.736■ IILJ. Minnesota Laws Nothing in this permit shall be construed to preclude the installation of any legal or administrative proceedings or relieve the Permittee from any responsibilities, liabilities, or penalties for violation of effluent and water quality limitations not included in this permit or applicable laws or regulations. III. K Property Rights The issuance of this permit does not convey any property rights hts in either real or personal property, or any exclusive privileges, nor does it authorize any injury to Y 1 rY private property or any invasion of rights, nor any infringement of Y g federal, state, or local laws or regulations. TILL. Severability The provisions of this permit are severable, and if any provisions of this permit, Yp p or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby. Y III.M. NPDES /SITS Rule Page 17 of 20 Permit MN G6I 1000 Minn. R. pts. 7001.0 150, subp. 3 and 7001.1090, subp. 1.A PI I are incorporated by reference into this permit. This permit does not require the submittal of a data monitoring report. All boldfaced terms are defined in "Definitions pages 19 and 20 4 III.N. Other Statutes, Rules and Ordinances III.0. More Stringent Rules M.P. Agency Obligation All boldfaced terms are defined in "Definitions pages 19 and 20 Page 18 of 20 Permit MN G611 000 The Agency's issuance of a permit does not release the Permittee from any liability, penalty or duty imposed by Minnesota or federal statutes or local ordinances, except the obligation to obtain the permit. The Agency's issuance of a permit does not prevent the future adoption by the Agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards or orders against the Permittee. The Agency's issuance of a permit does not obligate the Agency to entorce local laws, rules or plans beyond that authorized by Minnesota Statutes. Iv. DEFINITIONS Page 19 of 20 Permit MN G611000 "40 CFR 122.26(b)(14)(xi)" refers to the portion of the Code of Federal Reference that indicates which facilities are not eligible for permit coverage, provided there is no storm water contact with significant material occurring at the facility. Refer to the permit application instructions for a list of these "discretionary" facilities. "Agency" means the Minnesota Pollution Control Agency (MPCA) "Best Management Practices" (BMP) means practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practices and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from material storage, as defined in Minn. R. pt. 7001.1 020, subp. 5. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, MPCA 1989, and Corm Water Mana ement for Construction Activities: Develo in Pollution Prevention Plans and Best Mara emenf Practices, U.S. EPA 1992. "Commissioner" means the Commissioner, or other Agency staff as authorized by the Commissioner, of the Minnesota Pollution Control Agency. "Discharge" means the conveyance, channeling, runoff, or drainage of storm water, including snow melt, from a site. "Impervious Surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops; sidewalks; patios; driveways; parking lots; storage areas; and concrete, asphalt, or gravel roads, "Nonstorrn water discharge" means any discharge not comprised entirely of storm water except discharges authorized by a NPDES permit. "Nonstructural BMPs" refers to practices that will reduce or eliminate pollutants to storm water and do not require installation of permanent structural devices to treat runoff. Examples of nonstructural BMPs include but are not limited to parking lot and street sweeping; employee training; changing material handling practices; installation of silt fence, minimizing materials exposed to storm water through inventory reduction, tarping, or moving of material indoors. Page 20 of 20 Permit MN G611 000 "NPDES" means "National Pollutant Discharge Elimination System" which is the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under sections 307, 318, 402, and 405 of the Clean Water Act, United States Code, title 33, sections 1317, 1328, 1342, and 1345. "Significant Materials" includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Section 313 of the Emergency Planning and Community Right -to -Know Act (EPCRA); fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential tc be released with storm water discharges. When determining whether a material is significant, the physical and chemical characteristics of the material should be considered (e.g. the material's solubility, transportability, and toxicity characteristics) to determine the material's pollution potential "Storm water" means storm water run off, snow melt runoff, and surface runoff and drainage. "Structural BMPs" refers to the installation of devices that will reduce or eliminate pollutants to storm water through installation of permanent structural devices to treat or control runoff. Examples of structural BMPs include but are not limited to installation of storm water diversion berms or channels; sedimentation basins (retention or detention basins); oiiwater separators; grit chambers; roofs, awnings or buildings to cover significant material. "Waters of the State" means all streams, lakes, ponds, marshes, wetlands, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.