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HomeMy WebLinkAboutGeneral Permit Authorization to Discharge Storm Water Etc Page 1 of 13 Permit No: MN G6100.: GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/ STATE DISPOSAL SYSTEM PERMIT PROGRAM This permit satisfies the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et seq; hereinafter, the "Act 40 CFR 122, 123, and 124, as amended, et. seq.; Minn. Stat. chs. 115 and 116, as amended, and Minn. Rules ch. 7001. A facility engaged in industrial activity, and meeting the terms and conditions of this permit, is permitted to discharge storm water to the waters of the state. This permit shall become effective on the date of issuance, and shall expire at midnight, five years from the date of issuance. K QQLU Issuance Date: September 30, 1992 Timothy .cherkenbach Division ager Water Qua' ty Division For Charles W: "Williams Commissioner Minnesota Pollution Control Agency 11 1111 11,1111 1 1 111 1 111 1 11 064762784 Mr David Madsen President Spectro Alloys Incorporated 13220 Doyle Path E Rosemount MN 55068 -2510 1 Page 2 of 13 Permit No: MN G610000 Table of Contents Page PART I REQUIREMENTS A. Storm Water Pollution Prevention Plan 3 B. Annual Reports 3 PART II STORM WATER POLLUTION PREVENTION PLAN A. Requirements 5 B. Review 7 C. Extension of deadlines 7 PART III PROVISIONS A. Applicability Criteria 8 B. MPCA Address 8 C. Response 8 D. Records 9 E. Prohibition 9 F. Definitions 9 PART IV RESPONSIBILITIES A. Transfer Ownership or Control 11 B. Permit Modification 11 C. Right of Entry 11 D. Civil and Criminal Liability 12 E. Oil and Hazardous Substance Liability 12 F. Liability Exemption 12 G. Minnesota Laws 12 H. Property Rights 12 I. Severability 12 J. NPDES /SDS Rule 12 K. Other Statutes, Rules and Ordinances 13 L. More Stringent Rules 13 M. Agency Obligation 13 N. Permit Reapplication 13 PART I Page 4 of 13 Permit No: MN G610000 PART I.B.1 continued b. Certification that the pollution prevention plan has been completed. (See Part I.A.3) c. List any spills or known contamination of storm water from significant materials and corrective action taken to prevent future spills, or contamination of storm water. d. Description of inspections: date of inspections, findings of inspections, and corrective actions taken. 2) The Second Annual Report shall consist of the following: a. Certification of the implementation of all non structural type, and structural type best management practices at the facility site. (See Part I.A.6) b. List any spills or known contamination of storm water from significant materials and corrective action taken to prevent future spills or contamination of storm water. c. Description of inspections: date of inspections, findings of inspections, and corrective actions taken. d. Describe any updates, amendments, or additions to the storm water pollution prevention plan. Page 5 of 13 Permit No: MN G610000 PART II STORM WATER POLLUTION PREVENTION PLAN A. REQUIREMENTS 1) A storm water pollution prevention plan (plan) shall be developed for the facility site covered by this permit. The plan shall remain on site and is not to be submitted to the Agency unless specifically requested. 2) The plan shall identify potential sources of pollutants which may affect the quality of storm water discharges associated with industrial activity from the facility. In addition, measures designed to control erosion shall be implemented by the Permittee, if appropriate to the Permittee's site. 3) The plan shall describe and implement practices which reduce pollutants in storm water discharges associated with industrial activity at the facility. 4) The plan must certify that discharges from the site have been evaluated for the presence of non -storm water discharges. This certification must certify that no non -storm water discharges from the site exist not covered by an NPDES permit. 5) The storm water pollution prevention plan shall contain, at a minimum, the following: a) Site map(s) identifying the following items: facility structures, significant materials storage argps, discharge outfalls, direction of storm water run off, identification and /or location of receiving waters, drainage areas, topographic and geographic characteristics, vegetation and soil characteristics, impervious surface area, township range, or latitude and longitude b) Description of potential pollutants A list and description of potential sources of pollution which includes significant materials stored, handled, managed, processed, fabricated, manufactured, transported, or transferred at the facility site. This list shall include an inventory of exposed significant materials with the location, description, and a description of structural and non structural control measures used to reduce pollution in a storm water discharge. PART II Page 6 of 13 Permit No: MN G610000 PART II.A.5 continued c) Best Management Practices (BMP) Identify and describe management practices that minimize, or eliminate, the impact of potential pollutants in storm water. The facility shall use structural BMPs or non structural BMPs in the storm water pollution prevention plan. The facility shall document the methodology on how specific BMPs were selected to meet the requirements of this permit. Any BMP selected for implementation in the storm water pollution prevention plan must conform to good engineering practices. The following BMPs shall be considered for development and implementation in a facility's storm water pollution prevention plan: 1) Source reduction preventative maintenance, spill prevention and response procedures, chemical substitution, materials management practices, employee training 2) Containment /Diversion segregating, separating, covering, berming, diverting flow, dust control 3) Treatment oil /water separator, storm water detention pond, recycling Specific BMPs for storm water pollution prevention shall be designed to eliminate or reduce the amount of pollutants specific to a particular site. d) Management and Response Procedures identify personnel responsible for managing the storm water pollution prevention plan, implementation, and reporting requirements. Personnel responsible for managing the plan must be available at reasonable times of operation. Contingencies shall be provided so that unanticipated absences do not prevent adequate management of the plan. e) Management procedures of the plan shall include inspections at least once every six months by the Permittee. Inspections shall be conducted by qualified personnel at the facility site. The inspections shall be conducted for the purpose of determining the maintenance of structural and non structural BMPs. Inspections shall be conducted after a significant storm event, and identify any necessary changes to assure adherence to the pollution prevention plan. f) 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. PART II Page 7 of 13 Permit No: MN G610000 B. REVIEW The storm water pollution prevention plan shall be reviewed at least once annually, and revised whenever there is a change in materials or materials management practices which may discharge pollutants in storm water. The plan shall be revised when the Permittee determines that the plan is not controlling the discharge of pollutants in storm water. The Commissioner may request revisions in the storm water pollution prevention plan. Within 90 days of initial notification by the Commissioner, unless an alternative deadline is specified, the Permittee shall verify that all revisions have been made. C. EXTENSION OF DEADLINES A Permittee may request an extension for implementation of the storm water pollution prevention plan requirements in writing to the Commissioner within 12 months (1 year) after the issuance date of this permit. After review of the extension request the Commissioner may, in writing, approve or disapprove the extension request. Page 8 of 13 Permit No: MN G610000 PART III PROVISIONS A. APPLICABILITY CRITERIA 1) This permit covers storm water discharges associated with industrial activity in all areas of the state of Minnesota. 2) This is a National Pollutant Discharge Elimination System /State Disposal System general permit. 3) This permit is for storm water discharges associated with industrial activity, except storm water discharges from construction activities, classified as industrial activity under 40 CFR 122.26(b)(14)(i) through (ix) and (xi). 4) If the Commissioner determines that storm water discharges associated with industrial activity, or other activities, are contributing to a violation of a water quality standard, the Commissioner may require a Permittee to be covered by an individual storm water discharge permit. The Commissioner may require a Permittee to develop and implement specific best management practices. 5) If the Commissioner finds that operations, emissions, activities, discharges, or facilities of a permittee covered by a general permit would be more appropriately controlled by an individual permit, the Commissioner may require the permittee to have an individual permit. Upon issuance of an individual permit this general permit would no longer apply. 6) A permit applicant, or permittee, may request an individual permit. B. MPCA ADDRESS Submit all forms, correspondence, reports, etc. to the following address: Minnesota Pollution Control Agency Water Quality Division Attn: Industrial Storm Water Coordinator 520 Lafayette Road North St. Paul, Minnesota 55155 -4194 C. RESPONSE The permittee shall respond to agency requests for submittal of storm water pollution prevention plans, certificates, reports, records, or other information required by this permit. Upon request, the Permittee shall provide a copy of the storm water pollution prevention plan to the Permittee's respective municipal storm sewer operator. PART III Page 9 of 13 Permit No: MN G610000 D. RECORDS The storm water pollution prevention plan shall be retained for the duration of the permit. A copy of the storm water pollution prevention plan shall remain on the permitted site at all times and be available upon request. The Permittee shall maintain the following records for a minimum of three years: 1) Date of inspection 2) Findings of inspections 3) Corrective actions taken 4) Documentation of all changes to the storm water pollution prevention plan 5) Methodology for determining planned and implemented best management practices in the storm water pollution prevention plan E. PROHIBITION 1) All discharges of stormwater associated with industrial activity shall be composed entirely of stormwater. Discharges of any material other than stormwater are prohibited by this permit. 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 Minnesota Pollution Control Agency. 3) This permit does not authorize the discharge of hazardous substances or oil resulting from an on -site spill. 4) This permit does not authorize the discharge of non -storm water discharge, through a storm sewer conveyance system, or any other conveyance system. F. DEFINITIONS All definitions not specifically identified in this section are defined in Minn. Stat. chs. 115 and 116, or Minn. Rules chs. 7001, 7002, 7050, or 40 CFR. 1) "Act" means the Clean Water Act (formerly the Federal Water Pollution Control Act), United States Code, title 33, sections 1251 et seq., as amended. 2) "Agency" means the Minnesota Pollution Control Agency. PART III Page 10 of 13 Permit No: MN G610000 Part III.F. continued 3) "Best Management Practices" (BMP) means practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions or practices, and other management practice, 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. Rules pt. 7001.1020, subp. 5. 4) "Commissioner" means the Commissioner, or other Agency staff as authorized by the Commissioner, of the Minnesota Pollution Control Agency. 5) "Discharge" means the conveyance, channeling, runoff, snow melt, or drainage, of storm water from a site. 6) "Non -storm water discharge" means any discharge not comprised entirely of storm water except discharges pursuant to a NPDES permit. 7) "NPDES" means "National Pollutant Discharge Elimination System" means 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 CWA, United States Code, title 33, sections 1317, 1328, 1342, and 1345. 8) "Permit" means a National Pollutant Discharge Elimination System /State Disposal System permit. 9) "Pollutant, Toxic Pollutant, Other Wastes, Point Source, Disposal System, Waters of the State," and other Terms for the purpose of this permit are defined in Section 502 of the Act and Minn. Stat. 115.01 as amended and Minn. Rules ch. 7001. 10) "Significant Materials" means 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 title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge. 11) "Storm water" means precipitation run off, storm water run off, snow melt runoff, and surface runoff and drainage, as defined in 40 CFR, part 122.26 (b) (13). 12) "Storm water discharge associated with industrial activity" is defined in CFR 40, part 122.26 (b) (14). Page 11 of 13 Permit No: MN G610000 PART IV RESPONSIBILITIES A. 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 facilities, a request for Permit Transfer, signed by both parties shall be sent to the Commissioner (Attn: Industrial Section, Water Quality Division). Any succeeding owner or controller also shall comply with the terms and conditions of this permit. B. PERMIT MODIFICATION After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: 1. Violation of any terms of this permit; 2. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; 3. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or 4. Minn. Rules pts. 7001.0170 and 7001.0180. C. RIGHT OF ENTRY The Permittee shall, pursuant to Section ,308 of the Act and Minnesota Statutes 115.04, allow the Commissioner of the Agency, and authorized representatives upon presentation of credentials: 1. To enter 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; 2. To bring such equipment upon the Permittee's premises as is necessary to conduct such surveys and investigations; 3. To examine and copy any books, papers, records, or memoranda pertaining to the storm water discharge. 4. To sample and monitor any substances or parameters at any location. PART IV Page 12 of 13 Permit No: MN G610000 D. CIVIL AND CRIMINAL LIABILITY Nothing in this permit shall be construed to relieve the Permittee from civil or criminal penalties for non compliance with the terms and conditions provided herein. E. OIL AND HAZARDOUS SUBSTANCE LIABILITY Nothing in this permit shall be construed to preclude the installation of any legal 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. F. 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 permit. 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. G. 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. H. PROPERTY RIGHTS The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. I. SEVERABILITY The provisions of this permit are severable, and if any provisions of this permit, 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. J. NPDES /SDS RULE The Permittee shall comply with the provisions of Minn. Rules pts. 7001.0150, subp. 3 and 7001.1090, subp. 1.A,B,C,H,I. This permit does not require the submittal of a data monitoring report. PART IV Page 13 of 13 Permit No: MN G610000 K. OTHER STATUTES, RULES AND ORDINANCES 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. L. MORE STRINGENT RULES 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. M. AGENCY OBLIGATION The Agency's issuance of a permit does not obligate the agency to enforce local laws, rules or plans beyond that authorized by Minnesota Statutes. N. PERMIT REAPPLICATION This permit and its authorization shall expire at midnight, five years from the date of issuance. In order to receive authorization to discharge storm water beyond the expiration date, the Permittee shall reapply to the Agency no later than 180 days prior to expiration. k