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
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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
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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.
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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
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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
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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.
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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
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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
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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).
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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
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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
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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.
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