Public Notice Process for Municipal Separate Storm Sewer Systems (MS4) General Permit Applications
In September 2009, the Minnesota Pollution Control Agency (MPCA) completed public notice of all individual SWPPPs and applications for coverage under the 2006 MS4 General Permit. Permit coverage has been issued to all 234 applicants. It is the responsibility of the MS4 owner and/or operator to comply with the requirements of the MS4 General Permit and their SWPPP.
The MPCA is working on reissuance of the MS4 General Permit which expires May 2011. The MPCA will provide public notice on the individual SWPPPs and applications for coverage under the reissued Permit.
Pursuant to the requirements of a Minnesota Court of Appeals ruling, the MPCA is required to provide public notice and opportunity for hearing on the proposed SWPPPs for MS4s. Owners and operators of regulated small MS4s seeking authorization under the MS4 General Permit to discharge stormwater from their MS4 must submit a complete permit application that includes a proposed SWPPP. Through this permit, the owner or operator is required to develop, implement, and enforce a SWPPP that is designed to reduce the discharge of pollutants from their MS4 to the maximum extent practicable. The SWPPP must include best management practices applicable to their MS4, and measurable goals to address the six minimum measures described in the permit. These SWPPPs are the subject of this public notice process.
The following is a summary of the process for public notice of SWPPPs under the 2006 MS4 General Permit. The MPCA provided public notice and opportunity for hearing on the SWPPPs in accordance with Minn. R. ch 7001, and the procedures of the MS4 General Permit.
- State Register notice
The MPCA published Public Notice of the Public Notice Process for Municipal Storm Water Pollution Prevention Programs and General Permit Applications in the State Register May 30, 2006. The public notice included a description of the procedure for public noticing SWPPPs for small MS4s, and information on how interested persons can be notified when the individual SWPPPs are public noticed and available for comment.
- Permit applications due
Applications and SWPPPs for mandatory small MS4s were due June 1, 2006.
Applications and SWPPPs for MS4s designated under Minn. R. ch. 7090 were due February 15, 2007.
- Review of application and SWPPPs
The MPCA reviewed applications and SWPPPs for completeness and adequacy; review was done by geographic area when possible.
- Public notice of SWPPPs
SWPPPs were public noticed by geographic area when possible. Only complete and adequate SWPPPs were public noticed.
The MPCA issued public notice of the individual SWPPPs and preliminary determination on permit coverage; these notices were posted on the MPCA Public Notices web page. Information on how to submit comments or petitions to the MPCA was provided in the public notice. The MPCA also provided notice to interested persons that individual SWPPPs were available for public comment.
All MS4 General Permit applications and SWPPPs were made available for inspection at the MPCA's St. Paul office, located at 520 Lafayette Road North. The MS4s were also required to make this information available locally for public review. Location information on where each MS4 SWPPP was available was provided in the public notice.
- Response to comments
The MPCA reviewed all comments and sent them to the MS4 permittee for consideration and resolution of comments with stakeholders. The MS4 permittee was then required to provide resolution of comments to the MPCA
For more information regarding the MS4 permit application, please contact the following staff. If outside the metro area, please call 1-800-657-3864.
Wendy Gardner-Pritchard, 651-757-2090