Municipal Separate Stormwater Sewer System (MS4) General Permit Reissuance

ATTENTION: Permit Update – January 6, 2012

The Minnesota Pollution Control Agency (MPCA) is working on reissuance of the MS4 General Permit. The last MS4 General Permit issued was to address the new federal Phase II National Pollutant Discharge Elimination System (NPDES) stormwater regulations for small MS4s. These federal rules identified an iterative process for improved stormwater management where MS4 programs are strengthened with each five year permit cycle. This current permit reissuance effort will shift from the initial focus on permit program development to measuring program implementation. For the next MS4 General Permit reissuance (2017), the MPCA will need to comply with the new federal NPDES stormwater rules expected to be final in December 2012.

Draft Permit

The draft MS4 General Permit was first placed on public notice May 31 through July 15, 2011. As a result of the Minnesota State government shutdown which occurred July 1-20, 2011, several interested and affected parties did not have equal opportunity to provide comment during the public notice period. Therefore, the MPCA extended the public notice comment period for the draft permit from August 8-29, 2011. The draft permit and supporting documents for the permit are provided below.

• Draft NPDES/SDS General Permit for Small MS4s (MNR040000) (wq-strm4-59b)
• Fact Sheet for Draft NPDES/SDS General Permit for Small MS4s (wq-strm4-59c)
• Overview of Revisions to the General Permit for Small MS4s (wq-strm4-59f)
• Technical Support Document for Nondegradation for Small MS4s (wq-strm4-59d)
• Guidance for Post-construction Stormwater Treatment (wq-strm4-59e)
• MS4 Stormwater Pond Inventory Form (wq-strm4-30)
• MS4 Stormwater Pond Inventory Guidance (wq-strm4-31)
• Webcast: Public Information Meeting on Draft MS4 General Permit (6/14/2011)
• Webcast: Public Information Meeting on Draft MS4 General Permit (6/16/2011)

The MPCA received 35 comment letters and two contested case hearing requests on the draft permit. Staff reviewed all comments and requests, and identified major issues presented in the comment letters. This is an important step in the process as commenters will provide differing viewpoints on similar issues, and all comments must be considered when making revisions to the draft permit. This is in large part due to the various types of MS4s covered under the general permit (e.g. counties, cities, townships, watershed districts, highway departments, universities, hospitals, prison complexes). Staff will meet with stakeholders on addressing major issues, as well as the more simple issues as needed. The draft permit will be revised based in part on comments received and input obtained from any stakeholder meetings held on revisions to the draft permit. The MPCA plans to place the revised permit on public notice in spring 2012. A revised proposed timeline for permit reissuance is provided below.

As we work towards reissuance of the MS4 General Permit, the MPCA understands and is sensitive to the current economic climate and the resulting impact on funding implications at the local, state, and national level. We will work with cities and other regulated MS4s on revisions to the draft permit that will strive to address their concerns, as well as meet state and federal requirements in order to provide the environmental protections of our water resources the MPCA is seeking with this permit reissuance.

Proposed Timeline

(revised 1/6/2012)

Stakeholder & Work Group Meetings

As part of the permit reissuance process, the MPCA held stakeholder meetings to solicit input and gather feedback from stakeholders on the main issues that need to be addressed in this permit reissuance. Based on interest, a small group of stakeholders was formed to work through the issues in work group meetings.

Initial stakeholder input meeting (large group) - January 14, 2010

• MS4 General Permit Reissuance Meeting Presentation and Notes (wq-strm4-85b)

Stakeholder meeting dates (small work group):

• March 3, 2010
• March 17, 2010
• April 6, 2010
• April 23, 2010
• April 29, 2010

The notes from these meetings have been compiled into one document below.

Permit Issues

Draft concepts to address the main issues were prepared and used to frame the work group discussions. Below is the list of main issues the MPCA plans to focus its' efforts on for this permit reissuance; and the meeting notes which contain the draft concepts for each issue, with stakeholder comments.

• Impaired waters & total maximum daily loads
• Construction stormwater erosion & sediment control
• Post construction BMP operation & maintenance
• Mapping your system
• SWPPPs & coordination with local water plans
• Non-degradation
• One size does not fit all
• Minimum control measure for education
•  Permit Concepts and Issues Work Group Meeting Notes (wq-strm4-85a)

Additional Links

• National Pollutant Discharge Elimination System (NPDES) Stormwater Phase II Final Rule
• EPA NPDES Stormwater Rulemaking
• EPA MS4 Permit Improvement Guide

Permit Contacts

• This e-mail address is being protected from spambots. You need JavaScript enabled to view it. , 651-757-2323, Lead Permit Writer & Technical Questions
• This e-mail address is being protected from spambots. You need JavaScript enabled to view it. , 651-757-2439, Timeline & Administrative Process
• Marni Karnowski, 651-757-2495, Supervisor