Section R317-8-11 - Municipal, Industrial, and Construction Storm Water Discharges11.1 APPLICABILITY OF RULE R317-8, RULE COMPATIBILITY, AND FEDERAL RULE INCORPORATION. (1) Section R317-8-11, including the federal regulations incorporated by reference, shall be applicable to municipal (Subsections R317-8-11.3(c) 1, R317-8-1.10(12), and R317-8-11.3(8)), industrial (Subsections R317-8-11.3(6)(c) and (d)), and construction (Subsection R317-8-11.3(6)(e)) storm water discharges.(2) Where any requirements, definitions, or conditions in Section R317-8-11 conflict with the requirements, definitions, or conditions pertaining to storm water discharges in other parts of Rule R317-8, the requirements, definitions, and conditions in Section R317-8-11 shall govern.11.2 DEFINITIONS APPLICABLE TO STORM WATER DISCHARGES Refer to Subsection R317-8-1.6.
11.3 STORMWATER DISCHARGE REQUIREMENTS (1) Permit requirement. (a) Prior to October 1, 1992, a permit shall not be required for a discharge composed entirely of storm water, except for: 1. a discharge with respect to which a permit has been issued prior to February 4, 1987;2. a discharge associated with industrial activity;3. a discharge associated with construction activity that disturbs five or more acres;4. a discharge from a large municipal separate storm sewer system;5. a discharge from a medium municipal separate storm sewer system;6. a discharge which the Director determines contributes to a violation of water quality standards or is a significant contributor of pollutants to waters of the State. This designation may include a discharge from any conveyance or system of conveyances used for collecting and conveying storm water runoff or a system of discharges from municipal separate storm sewers, except for those discharges from conveyances which do not require a permit under this section or agricultural storm water runoff which is exempted from the definition of point source. The Director may designate discharges from municipal separate storm sewers on a system-wide or jurisdiction-wide basis. In making this determination the Director may consider the following factors: a. the location of the discharge with respect to waters of the State;b. the size of the discharge;c. the quantity and nature of the pollutants discharged to waters of the State; andd. other relevant factors.(b) On and after October 1, 1994, for discharges composed entirely of storm water, that are not required by Subsection R317-8-11.3(1)(a) to obtain a permit, operators shall be required to obtain a UPDES permit if:1. the discharge is from a small MS4 required to be regulated pursuant to 40 CFR 122.32 (see Subsection R317-8-1.10(12) );2. the discharge is a storm water discharge associated with construction activity pursuant to Subsection R317-8-11.3(6)(e);3. the Director or authorized representative determines that storm water controls are needed for the discharge based on wasteload allocations that are part of "total maximum daily loads" (TMDLs) that address any pollutants of concern; or4. the Director or authorized representative determines that the discharge, or category of discharges within a geographic area, contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the State.(c) The Director may not require a permit for discharges of storm water runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances, including pipes, conduits, ditches, and channels used for collecting and conveying precipitation runoff and which are not contaminated by contact with or do not come into contact with any overburden, raw material, intermediate products, finished product, by product, or waste products located on the site of such operations.(d) Large, medium, and small municipal separate storm sewer systems.1. Permits must be obtained for discharges from large, medium, and small municipal separate storm sewer systems.2. The Director may either issue one system-wide permit covering discharges from municipal separate storm sewers within a large, medium, or small municipal storm sewer system or issue distinct permits for appropriate categories of discharges within a large, medium, or small municipal separate storm sewer system including: discharges owned or operated by the same municipality; located within the same jurisdiction; discharges within a system that discharge to the same watershed; discharges within a system that are similar in nature; or individual discharges from municipal separate storm sewers within the system.3. The operator of a discharge from a municipal separate storm sewer which is part of a large, medium, or small municipal separate storm sewer system must either: a. participate in a permit application as permittee or co-permittee with one or more other operators of discharges from the large, medium, or small municipal storm sewer system which covers all, or a portion of all, discharges from the municipal separate storm sewer system;b. submit a distinct permit application which only covers discharges from the municipal separate storm sewers for which the operator is responsible; orc. a regional authority may be responsible for submitting a permit application under the following guidelines: i. the regional authority together with co-applicants shall have authority over a storm water management program that is in existence, or shall be in existence at the time the application is due;ii. the permit applicant or co-applicants shall establish their ability to make a timely submission of the municipal application;iii. each of the operators of municipal separate storm sewers within the systems described in Subsections R317-8-1.6(4), R317-8-1.6(8), 40 CFR 122.32 with substitutions per Subsection R317-8-1.10(12), or R317-8-11.3(8) that are under the purview of the designated regional authority, shall comply with the application requirements of Subsection R317-8-11.3(3).4. One permit application may be submitted for the entirety or a portion of municipal separate storm sewers within adjacent or interconnected large, medium, or small municipal separate storm sewer systems. The Director may issue one system-wide permit covering the entirety or a portion of municipal separate storm sewers in adjacent or interconnected large, medium, or small municipal separate storm sewer systems.5. Permits for the entirety or a portion of the discharges from large, medium, or small municipal separate storm sewer systems that are issued on a system-wide, jurisdiction-wide, watershed or other basis may specify different conditions relating to different discharges covered by the permit, including different management programs for different drainage areas which contribute storm water to the system.6. Co-permittees need only comply with permit conditions relating to discharges from the municipal separate storm sewers for which they are operators.(e) Other municipal separate storm sewers. The Director may issue permits for municipal separate storm sewers that are designated under Subsection R317-8-11.3(1)(a) 6 on a system-wide basis, jurisdiction-wide basis, watershed basis or other appropriate basis, or may issue permits for individual discharges.(f) Non-municipal separate storm sewers. For storm water discharges associated with industrial activity from point sources which discharge through a non-municipal or non-publicly owned separate storm sewer system, the Director may issue: a single UPDES permit, with each discharger a co-permittee to a permit issued to the operator of the portion of the system that discharges into waters of the State; or, individual permits to each discharger of storm water associated with industrial activity through the non-municipal conveyance system.1. Storm water discharges associated with industrial activity that discharge through a storm water discharge system that is not a municipal separate storm sewer must be covered by an individual permit, or a permit issued to the operator of the portion of the system that discharges to waters of the State, with each discharger to the non-municipal conveyance a co-permittee to that permit.2. Where there is more than one operator of a single system of such conveyances, each operator of storm water discharges associated with industrial activity must submit applications.3. Any permit covering more than one operator shall identify the effluent limitations, or other permit conditions, if any, that apply to each operator.(g) Combined sewer systems. Conveyances that discharge storm water runoff combined with municipal sewage are point sources that must obtain UPDES permits and are not subject to this section.(h) Operators of small MS4s designated pursuant to Subsections R317-8-11.3(1)(b) 1, R317-8-11.3(1)(b) 3, and R317-8-11.3(1)(b) 14 shall seek coverage under a UPDES permit in accordance with 40 CFR 122.33, 122.34, and 122.35 with appropriate substitutions per Subsections R317-8-1.10(11) through R317-8-1.10(13). Operators of non-municipal sources designated pursuant to Subsections R317-8-11.3(1)(b) 2, R317-8-11.3(1)(b) 3, and R317-8-11.3(1)(b) 4 shall seek coverage under a UPDES permit in accordance with Subsection R317-8-11.3(2)(a).(i) Operators of storm water discharges designated pursuant to Subsections R317-8-11.3(1)(b) 3 and R317-8-11.3(1)(b) 4 shall apply to the Director for a permit within 180 days of receipt of notice, unless permission for a later date is granted by the Director as described in 40 CFR 124.52.(2) Application requirements for storm water discharges associated with industrial activity and storm water discharges associated with construction activity. (a) Individual application. Dischargers of storm water associated with industrial activity and with construction activity are required to apply for an individual permit or seek coverage under a promulgated storm water general permit. Facilities that are required to obtain an individual permit, or any discharge of storm water which the Director is evaluating under Subsection R317-8-11.3(1)(a) 6 and is not a municipal separate storm sewer, and which is not part of a group application, shall submit a UPDES application in accordance with Subsection R317-8-3.1 and supplemented by the provisions of the remainder of this section. 1. Except as provided in Subsections R317-8-11.3(2)(a) 2 through R317-8-11.3(2)(a) 4, the operator of a storm water discharge associated with industrial activity subject to this section shall develop before application, or in the time frame indicated by the permit: a. a site map showing topography of the facility, or indicating the outline of drainage areas served by any outfalls covered in the application if a topographic map is unavailable, including: each of its drainage and discharge structures; the drainage area of each storm water outfall; each area used for outdoor storage or disposal of significant materials; each existing structural control measure to reduce pollutants in storm water runoff; materials loading and access areas; each well where fluids from the facility are injected underground; springs, and other surface water bodies which receive storm water discharges from the facility;b. a narrative description of the following: significant materials that in the three years prior to the submittal of this application have been treated, stored or disposed in a manner to allow exposure to storm water; method of treatment, storage or disposal of such materials; materials management practices employed, in the three years prior to the submittal of this application, to minimize contact by these materials with storm water runoff; materials loading and access areas; the location and a description of existing structural and non-structural control measures to reduce pollutants in storm water runoff; and a description of the treatment the storm water receives, including the ultimate disposal of any solid or fluid wastes other than by discharge;c. a certification that each outfall that should contain storm water discharges associated with industrial activity has been tested or evaluated for the presence of non-storm water discharges which are not covered by a UPDES permit, tests for such non-storm water discharges may include smoke tests, fluorometric dye tests, analysis of accurate schematics, as well as other appropriate tests, and a description of the method used, the date of any testing, and the on-site drainage points that were directly observed during a test;d. existing information regarding significant leaks or spills of toxic or hazardous pollutants at the facility that have taken place within the three years prior to the submittal of this application;e. quantitative data based on samples collected during storm events from each outfall containing a storm water discharge associated with industrial activity for the following parameters: i. any pollutant limited in an effluent guideline to which the facility is subject;ii. any pollutant listed in the facility's UPDES permit for its process wastewater if the facility is operating under an existing UPDES permit;iii. any pollutant listed in the facility's UPDES permit for its storm water discharges.iv. any information on the discharge required under Subsections R317-8-3.5(7)(d) and R317-8-3.5(7)(e);v. an estimate of the total amount of discharge for the storm events sampled, and the method of flow measurement or estimation; andvi. the date and duration in hours of the storm events sampled, rainfall measurements or estimates in inches of the storm event which generated the sampled runoff and the duration in hours between the storm event sampled and the end of the previous measurable, greater than 0.1 inch rainfall, storm event;f. operators of a discharge which is composed entirely of storm water are exempt from Subsections R317-8-3.5(2) through R317-8-3.5(5), R317-8-3.5(7)(a), R317-8-3.5(7)(c), and R317-8-3.5(7)(f); andg. operators of new sources or new discharges which are composed in part or entirely of storm water must include estimates for the pollutants or parameters listed in Subsection R317-8-11.3(2)(a) 1.e instead of actual sampling data, along with the source of each estimate. Operators of new sources or new discharges composed in part or entirely of storm water must provide quantitative data for the parameters listed in Subsection R317-8-11.3(2)(a) 1e within two years after commencement of discharge, unless such data has already been reported under the monitoring requirements of the UPDES permit for the discharge. Operators of a new source or new discharge which is composed entirely of storm water are exempt from the requirements of Subsections R317-8-3.2(3)(b), R317-8-3.2(3)(c), and R317-8-3.2(5).2. An operator of an existing or new storm water discharge that is associated with construction activity solely under Subsection R317-8-11.3(6)(e), is exempt from the requirements of Subsections R317-8-3.5 and R317-8-11.3(2)(a) 1. Such operator shall develop before application or in the time frame indicated by the permit a narrative description of: a. the location, including a map, and the nature of the construction activity;b. the total area of the site and the area of the site that is expected to undergo excavation during the life of the permit;c. proposed measures, including best management practices, to control pollutants in storm water discharges during construction;d. proposed stabilization, erosion control, and sediment control measures to control pollutants in storm water discharges that will occur after construction operations have been completed;e. plans for correct installation and maintenance of storm water controls;f. a schedule for inspections to verify that storm water controls and best management practices are operating effectively; andg. the name of the receiving water.3. The operator of an existing or new discharge composed entirely of storm water from an oil or gas exploration, production, processing, or treatment operation, or transmission facility is not required to submit a permit application in accordance with Subsection R317-8-11.3(2)(a) 1, unless the facility: a. has had a discharge of storm water resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 117.21 or 40 CFR 302.6 at any time since November 16, 1987;b. has had a discharge of storm water resulting in the discharge of a reportable quantity for which notification is or was required pursuant to 40 CFR 110.6 at any time since November 16, 1987; orc. contributes to a violation of a water quality standard.4. The operator of an existing or new discharge composed entirely of storm water from a mining operation is not required to submit a permit application unless the discharge has come into contact with any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations. 5. Applicants shall provide such other information the Director may reasonably require to determine whether to issue a permit and may require any facility subject to Subsection R317-8-11.3(2)(a) 2 to comply with Subsection R317-8-11.3(2)(a) 1.(3) Application requirements for large, medium, and small municipal separate storm sewer discharges. The operator of a discharge from a large, medium, or small municipal separate storm sewer or a municipal separate storm sewer that is designated by the Director under Subsection R317-8-11.3(1)(a) 6, may submit a jurisdiction-wide or system-wide permit application. Where more than one public entity owns or operates a municipal separate storm sewer within a geographic area, including adjacent or interconnected municipal separate storm sewer systems, such operators may be a co-applicant to the same application. (a) Permit applications shall include: 1. General information consisting of: i. the name, mailing address, and telephone number of the principal executive officer, ranking elected official, or duly authorized employee in charge of municipal resources used for implementing the SWMP;ii. the operator type and legal status as a Federal, State, private, or other public entity other than Federal or State;iii. latitude and longitude at the center of land for which authorization to discharge is being requested;iv. the number of people that are served by the municipal separate storm sewer system; andv. name, title, and telephone of the person responsible for overseeing implementation and coordination of the storm water management program.2. Outfalls and receiving waters. A list of each separate storm sewer outfall and their associated receiving waters that receive discharges from the permittee's MS4. Summary description of the overall water quality concerns, priorities, 303(d) list impaired waters.3. Best management practice identification. A summary of the chosen best management practices and description of the program elements that will be implemented (or already exist) to meet each of the storm water minimum control measures.4. Measurable goals. Identification of goals with start and end dates for each of the storm water minimum control measures and the timeframe by which the permittee will achieve required actions, including interim milestones.5. Certification. A certification statement that is signed in accordance with Section R317-8-3.4.6. Contract certification for co-permittees. If more than one entity will be implementing the storm water management program then a contract certification is required. Each coordinating entity must be identified and sign to certify that local agreements and contracts have been developed and agreed upon. Permittees which are applying as co-permittees shall each submit an application and individual storm water management program document which will clearly identify the areas of the MS4 for which each of the co-permittees are responsible.(b) A storm water management program shall be developed which covers the duration of the permit. It shall include a comprehensive planning process which involves public participation and where necessary intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable using management practices, control techniques and system, design and engineering methods, and such other provisions which are appropriate. Separate programs may be submitted by each co-applicant. Programs may impose controls on a system wide basis, a watershed basis, a jurisdiction basis, or on individual outfalls and contain: 1. Adequate legal authority. A demonstration that the applicant can operate pursuant to legal authority established by statute, ordinance or series of contracts which authorizes or enables the applicant at a minimum to:a. Prohibit through ordinance, order or similar means, illicit discharges to the municipal separate storm sewer;b. Control through ordinance, order or similar means the discharge to a municipal separate storm sewer of spills, dumping or disposal of materials other than storm water;c. Require compliance with conditions in ordinances, permits, contracts or orders; andd. Carry out inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions including the prohibition on illicit discharges to the municipal separate storm sewer.2. Mapping. A current map of the storm sewer system showing the location of each storm sewer outfall, the name and location of each State water that receives discharges from those outfalls, storm drain pipe and other storm water conveyance structures within the MS4.3. Characterization data. When "quantitative data" for a pollutant are required, the applicant must collect a sample of effluent in accordance with Subsection R317-8-3.5(7) and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR 136 . When no analytical method is approved, the applicant may use any suitable method but must provide a description of the method. The applicant must provide information characterizing the quality and quantity of discharges as required by the permit including:a. quantitative data from representative outfalls;b. estimates of the annual pollutant load of the cumulative discharges to waters of the State from identified municipal outfalls, the event mean concentration of the cumulative discharges to waters of the State from identified municipal outfalls during a storm event, and a description of the procedures for estimating constituent loads and concentrations, including any modeling, data analysis, and calculation methods;c. a proposed schedule to provide estimates for each major outfall identified in either Subsection R317-8-11.3(3)(b) 2 or R317-8-11.3(3)(a) 2 of the seasonal pollutant load and of the event mean concentration of a representative storm for any constituent detected in any sample required under Subsection R317-8-11.3(3)(b) 3; andd. a proposed monitoring program for representative data collection for the term of the permit that describes the location of outfalls or field screening points to be sampled (or the location of instream stations), why the location is representative, the frequency of sampling, parameters to be sampled, and a description of sampling equipment.4. Structural and source controls. A description of structural and source control measures to reduce pollutants from runoff from commercial and residential areas that are discharged from the municipal storm sewer system that are to be implemented during the life of the permit and a proposed schedule for implementing such controls. At a minimum, the description shall include: a. a description of maintenance activities and a maintenance schedule for structural controls to reduce pollutants (including floatables) in discharges from municipal separate storm sewers;b. a description of planning procedures including a comprehensive master plan to develop, implement and enforce controls to reduce the discharge of pollutants from municipal separate storm sewers which receive discharges from areas of new development and significant redevelopment. Such plan shall address controls to reduce pollutants in discharges from municipal separate storm sewers after construction is completed. Controls to reduce pollutants in discharges from municipal separate storm sewers containing construction site runoff are addressed in Subsection R317-8-11.3(3)(b) 7;c. a description of practices for operating and maintaining public streets, roads and highways and procedures for reducing the impact on receiving waters of discharges from municipal storm sewer systems, including pollutants discharged as a result of deicing activities;d. a description of procedures to assure that flood management projects assess the impacts on the water quality of receiving water bodies and that existing structural flood control devices have been evaluated to determine if retrofitting the device to provide additional pollutant removal from storm water is feasible.e. a description of a program to monitor pollutants in runoff from operating or closed municipal landfills, treatment, storage or disposal facilities for municipal waste, or other high priority facilities owned or operated by the MS4. The description shall identify priorities and procedures for inspections and establishing and implementing control measures for such discharges (this program can be coordinated with the program developed under Subsection R317-8-11.3(3)(b) 6); andf. a description of a program to reduce to the maximum extent practicable, pollutants in discharges from municipal separate storm sewers associated with the application of pesticides, herbicides and fertilizer which will include, as appropriate, controls such as educational activities, permits, certifications and other measures for commercial applicators and distributors, and controls for application in public right-of-ways and at municipal facilities.5. An illicit discharge schedule. A description of a program, including a schedule, to detect and remove illicit discharges and improper disposal into the storm sewer. The proposed program shall include:a. a description of a program, including inspections, to implement and enforce an ordinance, orders or similar means to prevent illicit discharges to the municipal separate storm sewer system; this program description shall address each type of illicit discharge, however the following category of non-storm water discharges or flows shall be addressed where such discharges are identified by the municipality as sources of pollutants to waters of the State: firefighting where such discharges or flows are identified as significant sources of pollutants, water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration to separate storm sewers, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water);b. a description of procedures to conduct on-going field screening activities during the life of the permit, including areas or locations that will be evaluated by such field screens;c. a description of procedures to be followed to investigate portions of the separate storm sewer system that, based on the results of the field screen, or other appropriate information, indicate a reasonable potential of containing illicit discharges or other sources of non-storm water (such procedures may include: sampling procedures for constituents such as fecal coliform, fecal streptococcus, surfactants (MBAS), residual chlorine, fluorides and potassium; testing with fluorometric dyes; or conducting in storm sewer inspections where safety and other considerations allow. Such description shall include the location of storm sewers that have been identified for such evaluation);d. a description of procedures to prevent, contain, and respond to spills that may discharge into the municipal separate storm sewer;e. a description of a program to promote, publicize and facilitate public reporting of the presence of illicit discharges or water quality impacts associated with discharges from municipal separate storm sewers;f. a description of educational activities, public information activities, and other appropriate activities to facilitate the proper management and disposal of used oil and toxic materials; andg. a description of controls to limit overflows from municipal sanitary sewers to municipal separate storm sewer systems where necessary.6. Priority areas. A description of a program to monitor and control pollutants in storm water discharges to municipal systems from municipal landfills, hazardous waste treatment, disposal and recovery facilities, industrial facilities that are subject Title III, Section 313 of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and industrial facilities that the municipal permit applicant determines are contributing a substantial pollutant loading to the municipal storm sewer system. The program shall identify priorities and procedures for inspection and establishing and implementing control measures for such discharges.7. Construction management program. A description of a program to implement and maintain structural and non-structural best management practices to reduce pollutants in storm water runoff from construction sites to the municipal storm sewer system, which shall include: a. a description of procedures for site planning which incorporate consideration of potential water quality impacts;b. a description of requirements for nonstructural and structural best management practices;c. a description of procedures for identifying priorities for inspecting sites and enforcing control measures which consider the nature of the construction activity, topography, and the characteristics of soils and receiving water quality; andd. a description of appropriate educational and training measures for construction site operators.8. Long-term storm water management for new development and redevelopment. The program shall include: a. requirements for construction activities, as defined in Subsection R317-8-11.3(6)(e) 1, associated with new development to retain storm water on site and prevent the off-site discharge of precipitation from rainfall events less than or equal to the 80th percentile rainfall event or a predevelopment hydrologic condition, whichever is less;b. requirements for construction activities, as defined in Subsection R317-8-11.3(6)(e) 1, associated with redevelopment projects which will increase the impervious surface by greater than 10% to retain storm water on site and prevent the off-site discharge of the net increase in the volume associated with precipitation from rainfall events less than or equal to the 80th percentile rainfall event; andc. a process for addressing and documenting infeasibilities associated with Subsections R317-8-11.3(3)(b) 8.a and b.9. Applicability. Where requirements under Subsections R317-8-11.3(3)(b) 3.b and R317-8-11.3(3)(b) 4 through R317-8-11.3(3)(b) 8 are not practicable or are not applicable, the Director may exclude any operator of a discharge from a municipal separate storm sewer which is designated under Subsection R317-8-11.3(1)(a) 6, R317-8-1.6(4)(b) or R317-8-1.6(8)(b) from such requirements. The Director shall not exclude the operator of a discharge from a municipal separate storm sewer located in incorporated places with populations greater than 100,000 and less than 250,000 according to the latest decennial census by Bureau of Census, or located in counties with unincorporated urbanized areas with a population of 250,000 or more according to the latest decennial census by the Bureau of Census, from any of the permit application requirements except where authorized.(4) Application deadlines. Any operator of a point source required to obtain a permit under Subsection R317-8-11.3(1)(a) that does not have an effective UPDES permit authorizing discharges from its storm water outfalls shall submit an application in accordance with the following deadlines: (a) Storm water discharges associated with industrial activities. 1. Except as provided in Subsection R317-8-11.3(4)(a) 2, for any storm water discharge associated with industrial activity identified in Subsections R317-8-11.3(6)(d) 1 through R317-8-11.3(6)(d) 10 that is not authorized by a storm water general permit, a permit application made pursuant to Subsection R317-8-11.3(2) must be submitted to the Director by October 1, 1992;2. For any storm water discharge associated with industrial activity from a facility that is owned or operated by a municipality with a population of less than 100,000 that is not authorized by a general or individual permit, other than an airport, powerplant, or uncontrolled sanitary landfill, the permit application must be submitted to the Director by March 10, 2003.(b) For any discharge from a large municipal separate storm sewer system the application shall be submitted to the Director by November 18, 1991.(c) For any discharge from a medium municipal separate storm sewer system the application shall be submitted to the Director by May 18, 1992.(d) A permit application shall be submitted to the Director within 180 days of notice, unless permission for a later date is granted by the Director for: 1. A storm water discharge which the Director determines that the discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the State, or2. A storm water discharge subject to Subsection R317-8-11.3(2)(a) 5.(e) Facilities with existing UPDES permits for storm water discharges associated with industrial activity shall maintain existing permits. New applications for individual permits shall be submitted 180 days before the expiration of such permits. New applications for general permit coverage shall be submitted within 30 days of permit expiration date unless otherwise specified in the permit. Facilities with expired permits or permits due to expire before May 18, 1992, shall submit applications in accordance with the deadline set forth in Subsection R317-8-11.3(4)(a).(f) For any storm water discharge associated with construction activity identified in Subsection R317-8-11.3(6)(e) 1, see Subsection R317-8-3.1(2). Discharges from these sources require permit authorization by March 10, 2003, unless designated for coverage before then.(g) For any discharge from a regulated small MS4, the permit application made under 40 CFR 122.33, with substitutions as described by Subsection R317-8-1.10(11), must be submitted to the Director by: 1. March 10, 2003 if designated under 40 CFR 122.32(a)(1), with substitutions as described by Subsection R317-8-1.10(10), unless your MS4 serves a jurisdiction with a population under 10,000 and the Director has established a phasing schedule under 40 CFR 123.35(d)(3); or2. Within 180 days of notice, unless the Director grants a later date, if designated under 40 CFR 122.32(a)(2) and 40 CFR 122.33(c)(2) with substitutions as described by Subsection R317-8-1.10(10) and (11).(5) Petitions. (a) Any operator of a municipal separate storm sewer system may petition the Director to require a separate UPDES permit for any discharge into the municipal separate storm sewer system.(b) Any person may petition the Director to require a UPDES permit for a discharge which is composed entirely of storm water which contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the State.(c) The owner or operator of a municipal separate storm sewer system may petition the Director to reduce the Census estimates of the population served by such separate system to account for storm water discharge to combined sewers that is treated in a publicly owned treatment works. In municipalities in which combined sewers are operated, the Census estimates of population may be reduced proportional to the fraction, based on estimated lengths, of the length of combined sewers over the sum of the length of combined sewers and municipal separate storm sewers where an applicant has submitted the UPDES permit number associated with each discharge point and a map indicating areas served by combined sewers and the location of any combined sewer overflow discharge point.(d) Any person may petition the Director for the designation of a large, medium, or small municipal separate storm sewer system as defined by Subsections R317-8-1.6(4), R317-8-1.6(7), and R317-8-1.6(14).(e) The Director shall make a final determination on any petition received under this section within 90 days after receiving the petition with the exception of the petitions to designate a small MS4 in which case the Director shall make a final determination on the petition within 180 days after its receipt.(6) Provisions Applicable to Storm Water Definitions. (a) The Director may designate a municipal separate storm sewer system as part of a large system due to the interrelationship between the discharges of designated storm sewer and the discharges from the municipal separate storm sewers described under Subsection R317-8-1.6(4)(a) or (b). In making the determination under Subsection R317-8-1.6(4)(b) the Director may consider the following factors: 1. physical interconnections between the municipal separate storm sewers;2. location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in Subsection R317-8-1.6(4)(a);3. quantity and nature of pollutants discharged to waters of the State;4. nature of the receiving waters; and5. other relevant factors; or6. the Director may, upon petition, designate as a large municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a storm water management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in Subsection R317-8-1.6(4).(b) The Director may designate a municipal separate storm sewer system as part of a medium system due to the interrelationship between the discharges of designated storm sewer and the discharges from the municipal separate storm sewers described under Subsection R317-8-1.6(8)(a) or R317-8-1.6(8)(b). In making the determination under Subsection R317-8-1.6(8)(b) the Director may consider the following factors: 1. physical interconnections between the municipal separate storm sewers;2. location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in Subsection R317-8-1.6(8)(a);3. quantity and nature of pollutants discharged to waters of the State;4. nature of the receiving waters; and5. other relevant factors; or6. the Director may, upon petition, designate as a medium municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a storm water management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in Subsections R317-8-1.6(8)(a), R317-8-1.6(8)(b), and R317-8-1.6(8)(c).(c) Storm water discharges associated with industrial activity means the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the UPDES program under Rule R317-8. For the categories of industries identified in this section, the term includes storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste materials, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste water as defined in 40 CFR 401 ; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas, including tank farms, for raw materials, and intermediate and final products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product. The term excludes areas located on plant lands separate from plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities, including industrial facilities that are federally, State, or municipally owned or operated that meet the description of the facilities listed in Subsections R317-8-11.3(d) 1 through R317-8-11.3(d) 10, include those facilities designated under Subsection R317-8-11.3(1)(a) 6.(d) The following categories of facilities are considered to be engaging in "industrial activity" for the purposes of this section and as referenced in Subsection R317-8-11.3(1)(a) 2 and R317-8-11.3(6)(c):1. facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards, or toxic pollutant effluent standards under 40 CFR subchapter N except facilities with toxic pollutant effluent standards which are exempted under Subsection R317-8-11.3(6)(d) 10;2. facilities classified as Standard Industrial Classifications 24 except 2434, 26 except 265 and 267, 28 except 283 and 285, 29, 311, 32 except 323, 33, 3441, 373;3. facilities classified as Standard Industrial Classifications 10 through 14, mineral industries, including active or inactive mining operations, except for areas of coal mining operations no longer meeting the definition of a reclamation area because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas of non-coal mining operations which have been released from applicable State or Federal reclamation requirements after December 17, 1990, and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations. Inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner or operator. Inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim;4. hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of RCRA;5. landfills, land application sites, and open dumps that receive or have received any industrial wastes, waste that is received from any of the facilities described under this subsection, including those that are subject to regulation under subtitle D of RCRA;6. facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, classified as Standard Industrial Classification 5015 and 5093;7. steam electric power generating facilities, including coal handling sites;8. transportation facilities classified as Standard Industrial Classifications 40, 41, 42 except 4221-25, 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance, such as vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication, equipment cleaning operations, airport deicing operations, or which are otherwise identified under Subsections R317-8-11.3(6)(d) 1 through R317-8-11.3(6)(d) 7 or R317-8-11.3(6)(d) 9 through R317-8-11.3(6)(d) 10 are associated with industrial activity;9. treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with requirements for disposal of sewage sludge; and10. facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 except 311, 323, 34 except 3441, 35, 36, 37 except 373, 38, 39, 4221-25.(e) Storm water discharge associated with construction activity means the discharge of storm water from:1. Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one acre. Construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one acre. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. The Director may waive the otherwise applicable requirements in a general permit for a storm water discharge from construction activities that disturb less than five acres where:a. the value of the rainfall erosivity factor, "R" in the Revised Universal Soil Loss Equation, is less than five during the period of construction activity. The rainfall erosivity factor is determined in accordance with Chapter 2 of Agriculture Handbook Number 703, Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), page 21-64, dated January 1997. Copies may be obtained from EPA's Water Resource Center, Mail Code RC4100, 401 M St. S.W., Washington, DC 20460. A copy is also available for inspection at the U.S. EPA Water Docket, 401 M Street S.W., Washington, DC. 20460, or the Office of Federal Register, 800 N. Capitol Street N.W. Suite 700, Washington, DC. An Operator must certify to the Director that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than five; orb. storm water controls are not needed based on a "total maximum daily load" (TMDL) approved by EPA that addresses the pollutants of concern or, for non-impaired waters that do not require TMDLs, an equivalent analysis that determines allocations for construction sites for the pollutants of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from each source, and a margin of safety. For this paragraph, the pollutants of concern include sediment or a parameter that addresses sediment, such as total suspended solids, turbidity or siltation, and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator must certify to the Director that the construction activity will take place, and storm water discharges will occur, within the drainage area addressed by the TMDL or equivalent analysis; and2. any other construction activity designated by the Director based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the State.(7) Conditional exclusion for no exposure of industrial activities and materials to storm water. Discharges composed entirely of storm water are not storm water discharges associated with industrial activity if there is "no exposure" of industrial materials and activities to rain, snow, snow melt and runoff, and the discharger satisfies the conditions in Subsections R317-8-11.3(7)(a) through R317-8-11.3(7)(d). "No exposure" means that industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snow melt, and runoff. Industrial materials or activities include material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. (a) Qualification. To qualify for this exclusion, the operator of the discharge must: 1. provide a storm resistant shelter to protect industrial materials and activities from exposure to rain, snow, snow melt, and runoff;2. complete and sign, according to Subsection R317-8-3.4, a certification that there are no discharges of storm water contaminated by exposure to industrial materials and activities from the entire facility, except as provided in Subsection R317-8-11.3(7)(b);3. submit the signed certification to the Director once every five years;4. allow the Director or authorized representative to inspect the facility to determine compliance with the "no exposure" conditions;5. allow the Director or authorized representative to make any "no exposure" inspection reports available to the public upon request; and6. for facilities that discharge through an MS4, upon request, submit a copy of the certification of no exposure to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator.(b) Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for: 1. drums, barrels, tanks, and similar containers that are tightly sealed, meaning banded or otherwise secured and without operational taps or valves, provided those containers are not deteriorated and do not leak;2. adequately maintained vehicles used in material handling; and3. final products, other than products that would be mobilized in storm water discharge e.g., rock salt.(c) Limitations. 1. Storm water discharges from construction activities identified in Subsection R317-8-11.3(6)(e) are not eligible for this conditional exclusion.2. This conditional exclusion from the requirement for a UPDES permit is available on a facility-wide basis only, not for individual outfalls. If a facility has some discharges of storm water that would otherwise be no exposure discharges, individual permit requirements should be adjusted accordingly.3. If circumstances change and industrial materials or activities become exposed to rain, snow, snow melt, and runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for un-permitted discharge. Any conditionally exempt discharger who anticipates changes in circumstances should apply for and obtain permit authorization prior to the change of circumstances.4. The Director retains the authority to require permit authorization and deny this exclusion upon making a determination that the discharge causes, has a reasonable potential to cause, or contributes to an instream excursion above an applicable water quality standard, including designated uses.(d) Certification. The no exposure certification must require the submission of the following information, at a minimum, to aid the Director in determining if the facility qualifies for the no exposure exclusion:1. the legal name, address and phone number of the discharger as identified in Subsection R317-8-3.1(3).2. the facility name and address, the county name and the latitude and longitude where the facility is located;3. an indication that none of the following materials or activities are, or will be in the foreseeable future, exposed to precipitation: a. using, storing, or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to storm water;b. materials or residuals on the ground or in storm water inlets from spills or leaks;c. materials or products from past industrial activity;d. materials handling equipment, except adequately maintained vehicles;e. materials or products during loading and unloading or transporting activities;f. materials or products stored outdoors, except final products intended for outside use, e.g., new cars, where exposure to storm water does not result in the discharge of pollutants;g. materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers;h. materials or products handled or stored on roads or railways owned or maintained by the discharger;i. waste material, except waste in covered and non-leaking containers such as dumpsters;j. application or disposal of process wastewater, unless otherwise permitted; andk. particulate matter or visible deposits or residuals from roof stacks or vents not otherwise regulated, i.e., under an air quality control permit, and evident in the storm water outflow.4. No exposure certifications must include the following certification statement, and be signed in accordance with the signatory requirements of Section R317-8-3.3 "I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of no exposure and obtaining an exclusion from UPDES storm water permitting. I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility identified in this document. I understand that I am obligated to submit a no exposure certification form once every five years to the Division of Water Quality and understand that I must obtain coverage under a UPDES permit prior to any point source discharge of storm water from the facility. Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly involved in gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."(8) The Director may designate small MS4s other than those described in 40 CFR 122.32(a)(1), with substitutions described in Subsection R317-8-1.10(12), to be covered under the UPDES storm water permit program, and require a UPDES storm water permit. Designations of this kind will be based on whether a storm water discharge results in or has the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts; and shall apply to any small MS4 located outside of an urbanized area serving a population density of at least 1,000 people per square mile and a population of at least 10,000. (a) Criteria used in designation may include: 1. discharge(s) to sensitive waters;2. areas with high growth or growth potential;3. areas with a high population density;4. areas that are contiguous to an urbanized area;5. small MS4s that cause a significant contribution of pollutants to waters of the State;6. small MS4s that do not have effective programs to protect water quality by other programs; or7. other appropriate criteria.(b) Permits for designated MS4s under this paragraph shall be under the same requirements as small MS4s designated under 40 CFR 122.32(a)(1) with substitutions as described in Subsection R317-8-1.10(12).(9) Reporting requirements for municipal separate storm sewer systems. The operator of a large, medium, or small municipal separate storm sewer system or a municipal separate storm sewer that has been determined by the Director under Subsection R317-8-11.3(1)(a) 6 must submit an annual report by October 1st each year. The report shall include: 1. the status of implementing the components of the storm water management program that are established as permit conditions;2. a summary of data or indicators of overall plan effectiveness, including monitoring data, that is accumulated throughout the reporting year;3. a fiscal analysis of the necessary capital and operation and maintenance expenditures necessary to accomplish the activities of the programs under Subsection R317-8-11.3(3)(b). Such analysis shall include a description of the source of funds that are proposed to meet the necessary expenditures, including legal restrictions on the use of such funds;4. a summary describing the number and nature of enforcement actions, inspections, and public education programs; and5. identification of water quality improvements or degradation.11.4 QUALIFYING STATE OR LOCAL PROGRAMS (1) For storm water discharges associated with construction activity identified in Subsection R317-8-11.3(6)(e), the Director may include permit conditions that incorporate qualifying State or local erosion and sediment control program requirements by reference. Where a qualifying State or local program does not include one or more of the elements in this paragraph then the Director must include those elements as conditions in the permit. A qualifying State or local erosion and sediment control program is one that includes: (a) requirements for construction site operators to implement appropriate erosion and sediment control best management practices;(b) requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality;(c) requirements for construction site operators to develop and implement a storm water pollution prevention plan that includes site descriptions of appropriate control measures, copies of approved State, local requirements, maintenance procedures, inspections procedures, and identification of non-storm water discharges; and(d) requirements to submit a site plan for review that incorporates consideration of potential water quality impacts.(2) For storm water discharges from construction activity identified in Subsection R317-8-11.3(6)(e), the Director may include permit conditions that incorporate qualifying State or local erosion and sediment control program requirements by reference. A qualifying State or local erosion and sediment control program is one that includes the elements listed in Subsection R317-8-11.4(1) and any additional requirements necessary to achieve the applicable technology-based standards of "best available technology" and "best conventional technology" based on the best professional judgment of the permit writer.Utah Admin. Code R317-8-11
Adopted by Utah State Bulletin Number 2021-09, effective 4/15/2021