250 R.I. Code R. 250-RICR-150-10-1.32

Current through December 26, 2024

Section 250-RICR-150-10-1.32 - Storm Water Discharges

A. Permit Requirement

1. The following discharges composed entirely of storm water shall be required to obtain a RIPDES permit:

a. A discharge with respect to which a permit has been issued prior to February 4, 1987;

b. A discharge associated with industrial activity;

c. A discharge from a large municipal separate storm sewer system;

d. A discharge from a medium municipal separate storm sewer system;

e. A discharge from a small municipal separate storm sewer system;

f. A discharge associated with small construction activity;

g. A discharge which the Department, or in States with approved NPDES programs, either the Department or the EPA Regional Administrator, determines to contribute to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. 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 § 1.32(A)(2) of this Part or agricultural storm water runoff which is exempted from the definition of point source at § 1.4(A)(78) of this Part. The Department may designate discharges from municipal separate storm sewers on a system-wide basis. In making this determination the Department may consider the following factors:

(1) The location of the discharge with respect to waters of the State as defined in § 1.4 of this Part.

(2) The size of the discharge;

(3) The quantity and nature of the pollutants discharged to waters of the State; and

(4) Other relevant factors.

h. A discharge for which the Department or the EPA Regional Administrator determines that storm water controls are necessary to ensure implementation of wasteload allocations that are part of "total maximum daily loads" (TMDLs) that address the pollutant(s) that has been identified as the cause of impairment of the water body.

2. Mining and oil and gas exploration. The Department 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 but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with or that has not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations.

3. Municipally owned or operated discharges of storm water associated with industrial activity. 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 does not have an effective RIPDES permit authorizing the discharge other than an airport, power plant, or uncontrolled sanitary landfill, a permit application must be submitted by March 10, 2003.

4. Large and medium municipal separate storm sewer systems.

a. Permits must be obtained for all discharges from large and medium municipal separate storm sewer systems. However, the owner or operator of a municipal separate storm sewer system may petition the Department to reduce the Census estimates of the population served by such separate system to account for storm water discharged to combined sewers as defined by 40 C.F.R. § 35.2005(b)(11), incorporated above at § 1.3(B) of this Part, 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 RIPDES 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.

b. The Department may either issue one system-wide permit covering all discharges from municipal separate storm sewers within a large or medium municipal storm sewer system or issue distinct permits for appropriate categories of discharges within a large or medium municipal separate storm sewer system including, but not limited to: all discharges owned or operated by the same municipality; located within the same jurisdiction; all discharges within a system that discharge to the same watershed; discharges within a system that are similar in nature; or for individual discharges from municipal separate storm sewers within the system.

c. The operator of a discharge from a municipal separate storm sewer which is part of a large or medium municipal separate storm sewer system must either:

(1) Participate in a permit application (to be a permittee or a co-permittee) with one or more other operators of discharges from the large or medium municipal storm sewer system which covers all, or a portion of all, discharges from the municipal separate storm sewer system;

(2) Submit a distinct permit application which only covers discharges from the municipal separate storm sewers for which the operator is responsible; or

(3) A regional authority may be responsible for submitting a permit application under the following guidelines:

(AA) 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 Part 1 of the application is due;

(BB) The permit applicant or co-applicants shall establish their ability to make a timely submission of Part 1 and Part 2 of the municipal application;

(CC) Each of the operators of municipal separate storm sewers within the systems described in §§ 1.4(A)(53)(a), 1.4(A)(53)(b), and 1.4(A)(53)(c) of this Part, that are under the purview of the designated regional authority, shall comply with the application requirements of § 1.32(A)(4)(d) of this Part.

d. One permit application may be submitted for all or a portion of all municipal separate storm sewers within adjacent or interconnected large or medium municipal separate storm sewer systems. The Department may issue one system-wide permit covering all, or a portion of all municipal separate storm sewers in adjacent or interconnected large or medium municipal separate storm sewer systems.

e. Permits for all or a portion of all discharges from large or medium 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.

f. Co-permittees need only comply with permit conditions relating to discharges from the municipal separate storm sewers for which they are operators.

5. Small municipal storm sewer systems

a. The following discharges from small municipal separate storm sewer systems must obtain permits:

(1) The small MS4, excluding systems operated by federal and State government, is located in an urbanized area as defined in § 1.4 of this Part, unless a waiver is granted in accordance to § 1.32(G) of this Part. If any portion of the small MS4 is not entirely located within an urbanized area, the portion that is within the urbanized area is regulated (see § 1.72 of this Part).

(2) The small MS4, excluding systems operated by federal and State government, is located in a densely populated area as defined in § 1.4 of this Part, unless a waiver is granted in accordance to § 1.32(G) of this Part. If any portion of the small MS4 is not entirely located within a densely populated area, the portion that is within the densely populated area is regulated (see § 1.73 of this Part).

(3) The small MS4, operated by federal or State government serves a facility with an average daily population of equal to or greater than 1,000.

(4) Any portion of the small MS4 operated by the Rhode Island Department of Transportation is located in an urbanized area as defined in § 1.4 of this Part or a densely populated area, as defined in § 1.4 of this Part, or serves a divided highway regardless of its location, only these portions are regulated (see § 1.73 of this Part).

(5) The Department has determined that the system is contributing substantially to the pollutant loadings of a physically-interconnected regulated MS4.

(6) The Department has determined that the information required for granting a waiver has substantially changed or upon consideration of a petition to review a waiver when the petitioner provides evidence that the information required for granting the waiver has substantially changed in accordance with § 1.32(G) of this Part.

(7) On or after March 10, 2008, the small MS4 discharges to any Special Resource Protection Waters (SPRWs), Outstanding National Resource Waters (ONRWs), or impaired water bodies within its jurisdiction and a waiver has not been granted in accordance to § 1.32(G) of this Part.

(8) The Department has determined that the small MS4 discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the State in accordance with § 1.32 of this Part.

(9) The Department has determined that storm water controls are needed for the small MS4 discharge based on wasteload allocations that are part of "total maximum daily loads" (TMDLs) that address the pollutant(s) of concern in accordance with § 1.32 of this Part.

(10) The Department has designated the small MS4 based on a petition pursuant to § 1.32 of this Part.

b. The operator of a small MS4 may rely on another entity to satisfy the permit obligations to implement a minimum control measure as follows:

(1) The other entity, in fact, implements the minimum control measure;

(2) The particular control measure, or component thereof, is at least as stringent as the corresponding permit requirements; and

(3) The other entity agrees to implement the control measure on the behalf of the operator of the regulated small MS4;

(4) If the operator of the small MS4 is relying on another governmental entity regulated under § 1.32 of this Part to satisfy all of the permit obligations, including the obligation to file periodic reports required in § 1.17(J) of this Part, the operator of the small MS4 must note that fact in the Notice of Intent (NOI), but the operator is not required to file the periodic reports.

(5) The operator of the small MS4 remains responsible for compliance with the permit requirements if the entity fails to implement the control measure or component thereof.

(6) The Department may recognize, either in the individual permit or in a general permit, that the Department or another governmental entity is responsible under a RIPDES Permit for implementing one or more of the minimum control measures for the small MS4. In such cases, the operator is not required to include the minimum control measure implemented by that entity as required by § 1.32 of this Part.

(7) If the governmental entity identified in § 1.32(A)(5)(a) ((6)) of this Part fails to implement a minimum control measure, the permit issued in accordance with § 1.32(E) of this Part may be reopened and modified in accordance with § 1.24 of this Part to include the requirement to implement a minimum control measure.

c. Operators of regulated small MS4s shall fully implement the Storm Water Management Program Plan as defined in § 1.32(E)(3) of this Part within the first permit term of five (5) years.

d. The operator of the small MS4 must comply with other applicable permit requirements, standards and conditions established in the individual or general permit, developed consistent with the provisions of §§ 1.15 through 1.21 of this Part, as appropriate.

e. The operator of the small MS4 must comply with any more stringent effluent limitations of the permit, including permit requirements that modify, or are in addition to the minimum control measures in § 1.32(E)(3)(b) of this Part based on an approved total maximum daily load (TMDL) or equivalent analysis. The Department may include such more stringent limitations based on a TMDL or equivalent analysis that determines such limitations are needed to protect water quality.

f. If an existing qualifying local program requires the operator of the small MS4 to implement one or more of the minimum control measures of § 1.32(E)(3)(b) of this Part, the Department may include conditions in the RIPDES permit that direct the operator of the small MS4 to follow that qualifying program's requirements rather than the requirements of § 1.32(E)(3) of this Part. A qualifying local program is a local or State storm water management program that meets the requirements of § 1.16(A)(10) of this Part.

6. Discharges through large and medium municipal separate storm sewer systems. In addition to meeting the requirements of § 1.32(D) of this Part, an operator of a storm water discharge associated with industrial activity which discharges through a large or medium municipal separate storm sewer system shall submit, to the operator of the municipal separate storm sewer system receiving the discharge thirty (30) days after the effective date of these Regulations, or for a new discharge, 180 days prior to commencing such discharge: the name of the facility; a contact person and phone number; the location of the discharge; a description, including Standard Industrial Classification, which best reflects the principal products or services provided by each facility; and any existing RIPDES permit number.

7. Other municipal separate storm sewers. The Department may issue permits for municipal separate storm sewers that are designated under §§ 1.32(A)(1)(g) and (h) of this Part on a system-wide basis, jurisdiction-wide basis, watershed basis or other appropriate basis, or may issue permits for individual discharges.

8. 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 Department, in his or her discretion, may issue: a single RIPDES permit to the operator of the portion of the system that discharges into waters of the State, with each contributing discharger listed as a co-permittee or; individual permits to each discharger of storm water associated with industrial activity through the non-municipal conveyance system.

a. All 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.

b. Where there is more than one operator of a single system of such conveyances, all operators of storm water discharges associated with industrial activity must submit applications.

c. Any permit covering more than one operator shall identify the effluent limitations, or other permit conditions, if any, that apply to each operator.

9. Combined sewer systems. Conveyances that discharge storm water runoff combined with municipal sewage are point sources that must obtain RIPDES permits in accordance with the procedures § 1.11 of this Part and are not subject to the provisions of this section.

10. Effect on Eligibility for Federal Funding. Whether a discharge from a municipal separate storm sewer is or is not subject to regulation under this section shall have no bearing on whether the owner or operator of the discharge is eligible for funding under 33 U.S.C. Subchapter II, Subchapter III or Subchapter VI (Title II, Title III or Title VI of the Clean Water Act). See 40 C.F.R. § 35 Subpart I (incorporated above at § 1.3(B) of this Part).

B. Definitions - See § 1.4 of this Part.

C. Application requirements for storm water discharges associated with industrial activity and storm water discharges associated with small construction activity. Dischargers of storm water associated with industrial activity and small construction activity are required to apply for an individual permit, apply for a permit through a group application, or seek coverage under a promulgated storm water general permit as follows:

1. Individual permit application. Facilities that are required to obtain an individual permit, or any discharge of storm water which the Department is evaluating for designation (see 40 C.F.R. § 124.52(c)) incorporated above at 1.3(B) of this Part, under §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part and is not a municipal separate storm sewer, and which is not part of a group application described under § 1.32(C)(3) of this Part shall submit a RIPDES application in accordance with the requirements of § 1.11 of this Part as modified and supplemented by the provisions of the remainder of this paragraph. Applicants for discharges composed entirely of storm water shall submit Form 1 and Form 2F. Applicants for discharges composed of storm water and non-storm water shall submit Form 1, Form 2C, and Form 2F. Applicants for new sources or new discharges (as defined in § 1.4 of this Part) composed of storm water and non-storm water shall submit Form 1, Form 2D, and Form 2F.

a. Discharges of storm water associated with industrial activity, excluding construction activity and small construction activity. Except as provided in §§ 1.32(C)(1)(b) through (d) of this Part, the operator of a storm water discharge associated with industrial activity subject to this section shall provide:

(1) A site map showing topography (or indicating the outline of drainage areas served by the outfall(s) covered in the application if a topographic map is unavailable) of the facility including: each of its drainage and discharge structures; the drainage area of each storm water outfall; paved areas and buildings within the drainage area of each storm water outfall, each past or present 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, areas where pesticides, herbicides, soil conditioners and fertilizers are applied, each of its hazardous waste treatment, storage or disposal facilities (including each area not required to have a RCRA permit which is used for accumulating hazardous waste under 40 C.F.R. § 262.34; each well where fluids from the facility are injected underground; springs, and other surface water bodies which receive storm water discharges from the facility;

(2) An estimate of the area of impervious surfaces (including paved areas and building roofs) and the total area drained by each outfall (within a mile radius of the facility) and 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, manner and frequency in which pesticides, herbicides, soil conditioners and fertilizers are applied; 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;

(3) A certification that all outfalls that should contain storm water discharges associated with industrial activity have been tested or evaluated for the presence of non-storm water discharges which are not covered by a RIPDES 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. The certification shall include a description of the method used, the date of any testing, and the on-site drainage points that were directly observed during a test;

(4) 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;

(5) Quantitative data based on samples collected during storm events and collected in accordance with § 1.11(B)(1)(n) of this Part from all outfalls containing a storm water discharge associated with industrial activity for the following parameters:

(AA) Any pollutant limited in an effluent guideline to which the facility is subject;

(BB) Any pollutant listed in the facility's RIPDES permit for its process wastewater (if the facility is operating under an existing RIPDES permit);

(CC) Oil and grease, pH, BOD5, COD, TSS, total phosphorus, total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;

(DD) Any information on the discharge required under §§ 1.11(B)(1)(n) ((3)) and ((4)) of this Part;

(EE) Flow measurements or estimates of the flow rate, and the total amount of discharge for the storm event(s) sampled, and the method of flow measurement or estimation; and

(FF) The date and duration (in hours) of the storm event(s) sampled, rainfall measurements or estimates of the storm event (in inches) which generated the sampled runoff and the duration between the storm event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm event (in hours).

(6) Operators of a discharge which is composed entirely of storm water are exempt from the requirements of §§ 1.11(B)(1)(i) through 1.11(B)(1)(l), 1.11(B)(1)(n) ((1)), 1.11(B)(1)(n)((2)), and 1.11(B)(1)(n)((5)) of this Part; and

(7) Operators of new sources or new discharges (as defined in § 1.4 of this Part) which are composed in part or entirely of storm water must include estimates for the pollutants or parameters listed in § 1.32(C)(1)(a) ((5)) of this Part 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 § 1.32(C)(1)(a) ((5)) of this Part within two years after commencement of discharge, unless such data has already been reported under the monitoring requirements of the RIPDES 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 §§ 1.11(B)(1)(i), 1.11(B)(1)(k), and 1.11(B)(1)(n) of this Part.

b. Discharges of storm water associated with construction activity and small construction activity. The operator of an existing or new storm water discharge that is associated with industrial activity solely under § 1.4(A)(111)(j) of this Part (construction sites with five or more acres of land disturbance), associated with small construction activity solely under § 1.4(A)(112) of this Part, or any discharge of storm water associated with construction activity, which the Department is evaluating for designation under §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part, is exempt from the requirements of §§ 1.11 and 1.32(C)(1)(a) of this Part Such operator shall provide a narrative description of:

(1) The location (including a map) and the nature of the construction activity;

(2) The total area of the site and the area of the site that is expected to undergo excavation during the life of the permit;

(3) Proposed measures, including best management practices, to control pollutants in storm water discharges during construction, including a brief description of applicable State and local erosion and sediment control requirements, guidance, ordinances or any related requirements imposed upon the site by the State or local authority.

(4) Proposed measures to control pollutants in storm water discharges that will occur after construction operations have been completed, including a brief description of applicable State or local erosion and sediment control requirements;

(5) An estimate of the runoff coefficient of the site and the increase in impervious area after the construction addressed in the permit application is completed, the nature of fill material and existing data describing the soil or the quality of the discharge; and

(6) The name of the receiving water.

c. Discharges of storm water associated with oil or gas exploration. 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 § 1.32(C)(1)(a) of this Part, unless the facility:

(1) 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 C.F.R. § 117.21 or 40 C.F.R. § 302.6 at any time since November 16, 1987; or

(2) 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 C.F.R. § 110.6 at any time since November 16, 1987; or

(3) Contributes to a violation of a water quality standard.

d. Discharges of storm water associated with mining activity. 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 storm water has come into contact with, any overburden, raw material, intermediate products, finished product, byproduct or waste products located on the site of such operations.

e. Additional information. Applicants shall provide such other information the Department may reasonably require under § 1.11(B)(1)(t) of this Part to determine whether to issue a permit and may require any facility subject to §§ 1.32(C)(1)(b) and 1.32(C)(1)(a) of this Part.

2. General permit application

a. Notice of intent requirements. The requirements for the contents of the notice of intent to be covered by a general permit for storm water discharges associated with industrial activity may include the information required in § 1.32(C)(1) of this Part. Specific notice of intent requirements shall be specified in the general permit in accordance with § 1.33(B)(2)(b) of this Part. Portions of the Notice of Intent requirements may be waived, if the Department determines that this information has been provided to, and will be reviewed by, either the Coastal Resources Management Council, the Division of Freshwater Wetlands, or a local Conservation District, established by R.I. Gen. Laws Chapter 2-4, in accordance with a community Soil Erosion and Sediment Control Ordinance, pursuant to R.I. Gen. Laws Chapter 45-46.

b. Granting of authorization. Authorization to discharge under a storm water general permit may be automatic or upon notice of authorization as specified in the general permit in accordance with § 1.33(B)(2)(a) of this Part. Regardless of the means of authorization, the permittee is still responsible for compliance with all the terms of the permit and any other applicable state or federal regulations and/or requirements. The Department will be held harmless for any failure of the permittee to comply with the terms of the permit.

3. Group permit application. In lieu of individual applications or notice of intent to be covered by a general permit for storm water discharges associated with industrial activity, a group application may be filed by an entity representing a group of applicants (except facilities that have existing individual RIPDES permits for storm water) that are part of the same subcategory (see 40 C.F.R. Chapter I, Subchapter N, §§405 to 471) or, where such grouping is inapplicable, are sufficiently similar as to be appropriate for general permit coverage under § 1.33 of this Part (40 C.F.R. § 122.28, incorporated above at § 1.3(B) of this Part). The Part 1 application shall be submitted to the Office of Water Enforcement and Permits, U.S. EPA, 401 M Street, SW., Washington, DC 20460(EN-336) for approval in accordance with the Federal storm water group application requirements. Once a Part 1 application is approved, group applicants are to submit Part 2 of the group application to the Office of Water Enforcement and Permits in accordance with the Federal storm water group application requirements.

D. Application requirements for large and medium municipal separate storm sewer discharges. The operator of a discharge from a large or medium municipal separate storm sewer or a municipal separate storm sewer that is designated by the Department under §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part if required to apply under this section, 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. Permit applications for discharges from large and medium municipal storm sewers or municipal storm sewers designated under §§ 1.32(A)(1)(g) and 1.32(A)(1)(h) of this Part and required to apply under this section shall include:

1. Part 1 of the application shall consist of:

a. General Information. The applicants' name, address, telephone number of contact person, ownership status and status as a state or local government entity.

b. Legal Authority. A description of existing legal authority to control discharges to the municipal separate storm sewer system. When existing legal authority is not sufficient to meet the criteria provided in § 1.32(D)(2)(a) of this Part, the description shall list additional authorities as will be necessary to meet the criteria and shall include a schedule and commitment to seek such additional authority that will be needed to meet the criteria.

c. Source Identification

(1) A description of the historic use of ordinances, guidance or other controls which limited the discharge of non-storm water discharges to any Publicly Owned Treatment Works serving the same area as the municipal separate storm sewer system.

(2) A USGS 7.5 minute topographic map (or equivalent topographic map with a scale between 1:10,000 and 1:24,000 if cost effective) extending one mile beyond the service boundaries of the municipal storm sewer system covered by the permit application. The following information shall be provided:

(AA) The location of known municipal storm sewer system outfalls discharging to waters of the State;

(BB) A description of the land use activities (e.g., divisions indicating undeveloped, residential, commercial, agricultural and industrial uses) accompanied with estimates of population densities and projected growth for a ten year period within the drainage area served by the separate storm sewer. For each land use type, an estimate of an average runoff coefficient shall be provided;

(CC) The location and a description of the activities of the facility of each currently operating or closed municipal landfill or other treatment, storage or disposal facility for municipal waste;

(DD) The location and the permit number of any known discharge to the municipal storm sewer that has been issued a RIPDES permit;

(EE) The location of major structural controls for storm water discharge (retention basins, detention basins, major infiltration devices, etc.); and

(FF) The identification of publicly owned parks, recreational areas, and other open lands.

d. Discharge Characterization

(1) Monthly mean rain and snow fall estimates (or summary of weather bureau data) and the monthly average number of storm events.

(2) Existing quantitative data describing the volume and quality of discharges from the municipal storm sewer, including a description of the outfalls sampled, sampling procedures and analytical methods used.

(3) A list of water bodies that receive discharges from the municipal separate storm sewer system, including downstream segments, lakes and estuaries, where pollutants from the system discharges may accumulate and cause water degradation and a brief description of known water quality impacts. At a minimum, the description of impacts shall include a description of whether the water bodies receiving such discharges have been:

(AA) Assessed and reported in the 33 U.S.C. § 1315(b) (Section 305(b) of the Clean Water Act) State of the State's Waters report the basis for the assessment (evaluated or monitored), a summary of designated use support and attainment of Clean Water Act (CWA) goals (fishable and swimmable waters), and causes of nonsupport of designated uses;

(BB) Listed under 33 U.S.C. § 1314(l)(1)(A)(i), § 1314(l)(1)(A)(ii), or § 1314(l)(1)(B) (Section 304(l)(1)(A)(i), Section 304(l)(1)(A)(ii), or Section 304(l)(1)(B) of the Clean Water Act) that is not expected to meet water quality standards or water quality goals;

(CC) Listed in State Nonpoint Source Assessments required by 33 U.S.C. § 1329(a) (Section 319(a) of the Clean Water Act) that, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain water quality standards due to storm sewers, construction, highway maintenance and runoff from municipal landfills and municipal sludge adding significant pollution (or contributing to a violation of water quality standards);

(DD) Identified and classified according to eutrophic condition of publicly owned lakes listed in State reports required under 33 U.S.C. § 1324(a) (Section 314(a) of the Clean Water Act) (include the following: A description of those publicly owned lakes for which uses are known to be impaired; a description of procedures, processes and methods to control the discharge of pollutants from municipal separate storm sewers into such lakes; and a description of methods and procedures to restore the quality of such lakes);

(EE) Designated estuaries under the National Estuary Program under 33 U.S.C. § 1330 (Section 320 of the Clean Water Act);

(FF) Recognized by the applicant as highly valued or sensitive waters;

(GG) Defined by the State or U.S. Fish and Wildlife Service's National Wetlands Inventory as wetlands; and

(HH) Found to have pollutants in bottom sediments, fish tissue or bio-survey data.

(4) Field Screening. Results of a field screening analysis for illicit connections and illegal dumping for either selected field screening points or major outfalls covered in the permit application. At a minimum, a screening analysis shall include a narrative description, for either each field screening point or major outfall, of visual observations made during dry weather periods (at least 72 hours from the previous 0.1 inch, or greater, rainfall event). If any flow is observed, two grab samples shall be collected during a 24 hour period with a minimum period of four hours between samples. For all such samples, a narrative description of the color, odor, turbidity, the presence of an oil sheen or surface scum as well as any other relevant observations regarding the potential presence of non-storm water discharges or illegal dumping shall be provided. In addition, a narrative description of the results of a field analysis using suitable methods to estimate pH, total chlorine, total copper, total phenol, and detergents (or surfactants) shall be provided along with a description of the flow rate. Where the field analysis does not involve analytical methods approved under 40 C.F.R. § 136, incorporated above at § 1.3(B) of this Part, the applicant shall provide a description of the method used including the name of the manufacturer of the test method along with the range and accuracy of the test. Field screening points shall be either major outfalls or other outfall points (or any other point of access such as manholes) randomly located throughout the storm sewer system by placing a grid over a drainage system map and identifying those cells of the grid which contain a segment of the storm sewer system or major outfall. The field screening points shall be established using the following guidelines and criteria:

(AA) A grid system consisting of perpendicular north-south and east-west lines spaced 1/4 mile apart shall be overlayed on a map of the municipal storm sewer system, creating a series of cells;

(BB) All cells that contain a segment of the storm sewer system shall be identified; one field screening point shall be selected in each cell; major outfalls may be used as field screening points;

(CC) Field screening points should be located downstream of any sources of suspected illegal or illicit activity;

(DD) Field screening points shall be located to the degree practicable at the farthest manhole or other accessible location downstream in the system, within each cell; however, safety of personnel and accessibility of the location should be considered in making this determination;

(EE) Hydrological conditions; total drainage area of the site; population density of the site; traffic density; age of the structures or buildings in the area; history of the area; and land use types;

(FF) For medium municipal separate storm sewer systems, no more than 250 cells need to have identified field screening points; in large municipal separate storm sewer systems, no more than 500 cells need to have identified field screening points; cells established by the grid that contain no storm sewer segments will be eliminated from consideration; if fewer than 250 cells in medium municipal sewers are created, and fewer than 500 in large systems are created by the overlay on the municipal sewer map, then all those cells which contain a segment of the sewer system shall be subject to field screening (unless access to the separate storm sewer system is impossible); and

(GG) Large or medium municipal separate storm sewer systems which are unable to utilize the procedures described in §§ 1.32(D)(1)(d) ((4))((AA)) through ((FF)) of this Part, because a sufficiently detailed map of the separate storm sewer systems is unavailable, shall field screen no more than 500 or 250 major outfalls respectively (or all major outfalls in the system, if less); in such circumstances, the applicant shall establish a grid system consisting of north-south and east-west lines spaced 1/4 mile apart as an overlay to the boundaries of the municipal storm sewer system, thereby creating a series of cells; the applicant will then select major outfalls in as many cells as possible until at least 500 major outfalls (large municipalities) or 250 major outfalls (medium municipalities) are selected; a field screening analysis shall be undertaken at these major outfalls.

(5) Characterization Plan. Information and a proposed program to meet the requirements of § 1.32(D)(2)(c) of this Part. Such description shall include: the location of outfalls or field screening points appropriate for representative data collection under § 1.32(D)(2)(c) ((1)) of this Part, a description of why the outfall or field screening point is representative, the seasons during which sampling is intended, a description of the sampling equipment. The proposed location of outfalls or field screening points for such sampling should reflect water quality concerns (see § 1.32(D)(1)(d) ((3)) of this Part) to the extent practicable.

e. Management Programs

(1) A description of the existing management programs to control pollutants from the municipal separate storm sewer system. The description shall provide information on existing structural and source controls, including operation and maintenance measures for structural controls, that are currently being implemented. Such controls may include, but are not limited to: procedures to control pollution resulting from construction activities; floodplain management controls; wetland protection measures; best management practices for new subdivisions; and emergency spill response programs. The description may address controls established under State law as well as local requirements.

(2) A description of the existing program to identify illicit connections to the municipal storm sewer system. The description should include inspection procedures and methods for detecting and preventing illicit discharges, and describe areas where this program has been implemented.

f. Fiscal Resources. A description of the financial resources currently available to the municipality to complete Part 2 of the permit application. A description of the municipality's budget for existing storm water programs, including an overview of the municipality's financial resources and budget, including overall indebtedness and assets, and sources of funds for storm water programs.

2. Part 2 of the application shall consist of:

a. 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:

(1) Control through ordinance, permit, contract, order or similar means, the contribution of pollutants to the municipal storm sewer by storm water discharges associated with industrial activity and the quality of storm water discharged from sites of industrial activity;

(2) Prohibit through ordinance, order or similar means, illicit discharges to the municipal separate storm sewer;

(3) 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;

(4) Control through interagency agreements among co-applicants the contribution of pollutants from one portion of the municipal system to another portion of the municipal system;

(5) Require compliance with conditions in ordinances, permits, contracts or orders; and

(6) Carry out all 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.

b. Source Identification. The location of any major outfall that discharges to waters of the State that was not reported under § 1.32(D)(1)(c) ((2))((AA)) of this Part. Provide an inventory, organized by watershed of the name and address, and a description (such as SIC codes) which best reflects the principal products or services provided by each facility which may discharge, to the municipal separate storm sewer, storm water associated with industrial activity;

c. Characterization Data. When "quantitative data" for a pollutant are required under § 1.32(D)(2)(c) ((1))((CC)) of this Part, the applicant must collect a sample of effluent in accordance with § 1.11(B)(1)(n) of this Part (40 C.F.R. § 122.21(g)(7), incorporated above at § 1.3(B) of this Part) and analyze it for the pollutant in accordance with analytical methods approved under 40 C.F.R. § 136, incorporated above at § 1.3(B) of this Part. 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 covered in the permit application, including:

(1) Quantitative data from representative outfalls designated by the Department (based on information received in Part 1 of the application, the Department shall designate between five and ten outfalls or field screening points as representative of the commercial, residential and industrial land use activities of the drainage area contributing to the system or, where there are less than five outfalls covered in the application, the Department shall designate all outfalls) developed as follows:

(AA) For each outfall or field screening point designated under this subparagraph, samples shall be collected of storm water discharges from three storm events occurring at least one month apart in accordance with the requirements in § 1.11(B)(1)(n) of this Part (40 C.F.R. § 122.21(g)(7), incorporated above at § 1.3(B) of this Part) (the Department may allow exemptions to sampling three storm events when climatic conditions create good cause for such exemptions);

(BB) A narrative description shall be provided of the date and duration of the storm event(s) sampled, rainfall estimates of the storm event which generated the sampled discharge and the duration between the storm event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm event;

(CC) For samples collected and described under §§ 1.32(D)(2)(c) ((1))((AA)) and ((BB)) of this Part, quantitative data shall be provided for: the organic pollutants listed in § 1.63 of this Part; the pollutants listed in § 1.63 of this Part (toxic metals, cyanide, and total phenols) of RIPDES Regulations (Appendix D of 40 C.F.R. § 122, incorporated above at § 1.3(B) of this Part), and for the following pollutants:

(i) Total Suspended Solids (TSS)

(ii) Total Dissolved Solids (TDS)

(iii) Chemical Oxygen Demand (COD)

(iv) Biochemical Oxygen Demand, 5-day (BOD5)

(v) Oil and Grease

(vi) Fecal Coliform

(vii) Fecal Streptococcus

(viii) pH

(ix) Total Kjeldahl Nitrogen

(x) Nitrate Plus Nitrite

(xi) Dissolved Phosphorus

(xii) Total Ammonia Plus Organic Nitrogen

(xiii) Total Phosphorus

(DD) Additional limited quantitative data required by the Department for determining permit conditions (the Department may require that quantitative data shall be provided for additional parameters, and may establish sampling conditions such as the location, season of sample collection, form of precipitation (snow melt, rainfall) and other parameters necessary to insure representativeness);

(2) Estimates of the annual pollutant load of the cumulative discharges to waters of the State from all identified municipal outfalls and the event mean concentration of the cumulative discharges to waters of the State from all identified municipal outfalls during a storm event (as described under 40 C.F.R. § 122.21(c)(7), incorporated above at § 1.3(B) of this Part) for BOD5, COD, TSS, TDS, total nitrogen, total ammonia plus organic nitrogen, total phosphorus, dissolved phosphorus, cadmium, copper, lead, and zinc. Estimates shall be accompanied by a description of the procedures for estimating constituent loads and concentrations, including any modeling, data analysis, and calculation methods;

(3) A proposed schedule to provide estimates for each major outfall identified in either §§ 1.32(D)(1)(c) ((3))((AA)) or 1.32(D)(2)(b) of this Part of the seasonal pollutant load and of the event mean concentration of a representative storm for any constituent detected in any sample required under § 1.32(D)(2)(c) ((1)) of this Part; and

(4) 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.

d. Proposed Management Program. A proposed management program 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. The program shall also include a description of staff and equipment available to implement the program. Separate proposed programs may be submitted by each co-applicant. Proposed programs may impose controls on a system-wide basis, a watershed basis, a jurisdiction basis, or on individual outfalls. Proposed programs will be considered by the Department when developing permit conditions to reduce pollutants in discharges to the maximum extent practicable. Proposed management programs shall describe priorities for implementing controls. Such programs shall be based on:

(1) 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, accompanied with an estimate of the expected reduction of pollutant loads and a proposed schedule for implementing such controls. At a minimum, the description shall include:

(AA) A description of maintenance activities and a maintenance schedule for structural controls to reduce pollutants (including floatables) in discharges from municipal separate storm sewers;

(BB) 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 re-development. 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 § 1.32(D)(2)(d) ((4)) of this Part;

(CC) 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 de-icing activities;

(DD) 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;

(EE) A description of a program to monitor pollutants in runoff from operating or closed municipal landfills or other treatment, storage or disposal facilities for municipal waste, which 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 § 1.32(D)(2)(d) ((3)) of this Part); and

(FF) 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 rights-of-way and at municipal facilities.

(2) A description of a program, including a schedule, to detect and remove (or require the discharger to the municipal separate storm sewer to obtain a separate RIPDES permit for) illicit discharges and improper disposal into the storm sewer. The proposed program shall include:

(AA) 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 all types of illicit discharges, 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: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 C.F.R. § 35.2005(20), incorporated above at § 1.3(B) of this Part) 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 (program descriptions shall address discharges or flows from fire fighting only where such discharges or flows are identified as significant sources of pollutants to waters of the State);

(BB) 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;

(CC) 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);

(DD) A description of procedures to prevent, contain, and respond to spills that may discharge into the municipal separate storm sewer;

(EE) 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;

(FF) 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; and

(GG) A description of controls to limit infiltration of seepage from municipal sanitary sewers to municipal separate storm sewer systems where necessary;

(3) 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 to section 313 of Title III of the Superfund Amendments and Re-Authorization Act of 1986 (SARA), 42 U.S.C. § 11001 et seq., and industrial facilities that the municipal permit applicant determines are contributing a substantial pollutant loading to the municipal storm sewer system. The program shall:

(AA) Identify priorities and procedures for inspections and establishing and implementing control measures for such discharges;

(BB) Describe a monitoring program for storm water discharges associated with the industrial facilities identified in § 1.32(D)(2)(d) ((3)) of this Part, to be implemented during the term of the permit, including the submission of quantitative data on the following constituents: any pollutants limited in effluent guidelines subcategories, where applicable; any pollutant listed in an existing RIPDES permit for a facility; oil and grease, COD, pH, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and any information on discharges required under § 1.11(B)(1)(n) of this Part (40 C.F.R. § 122.21(g)(7) (iii) and (iv), incorporated above at § 1.3(B) of this Part).

(4) 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:

(AA) A description of procedures for site planning which incorporate consideration of potential water quality impacts;

(BB) A description of requirements for nonstructural and structural best management practices;

(CC) 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; and

(DD) A description of appropriate educational and training measures for construction site operators.

e. Assessment of Controls. Estimated reductions in loadings of pollutants from discharges of municipal storm sewer constituents from municipal storm sewer systems expected as the result of the municipal storm water quality management program. The assessment shall also identify known impacts of storm water controls on ground water.

f. Fiscal Analysis. For each fiscal year to be covered by the permit, a fiscal analysis of the necessary capital and operation and maintenance expenditures necessary to accomplish the activities of the programs under §§ 1.32(D)(2)(c) and (D)(2)(d) of this Part. 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.

g. Where more than one legal entity submits an application, the application shall contain a description of the roles and responsibilities of each legal entity and procedures to ensure effective coordination.

h. Where requirements under §§ 1.32(D)(1)(d) ((5)), (D)(2)(b), (D)(2)(c)((2)), and (D)(2)(d) of this Part are not practicable or are not applicable, the Department may exclude any operator of a discharge from a municipal separate storm sewer which is designated under §§ 1.32(A)(1)(e), 1.4(A)(53)(b), and 1.4(A)(59)(b) of this Part from such requirements. The Department shall not exclude the operator of a discharge from a municipal separate storm sewer identified in the RIPDES Regulations, §§ 1.71, 1.72 or 1.73 of this Part, from any of the permit application requirements under this paragraph except where authorized under this section.

E. Application requirements for small municipal separate storm sewer discharges. The operator of a regulated small MS4 must obtain permit coverage under a General or Individual Permit as follows:

1. General Permit Application. The operator of a small MS4 seeking coverage under a general permit must submit a Notice of Intent (NOI) and a copy of the Storm Water Management Program Plan that meets the requirements of § 1.32(E)(3) of this Part. The operator of the small MS4 may file an individual NOI or the operator of the MS4 and other municipalities or governmental entities may jointly submit an NOI. When a joint NOI is filed, it must describe which minimum measures the operator of the MS4 will implement and identify the entities that will implement the other minimum measures within the area served by the MS4.

a. Notice of Intent requirements. The requirements for the contents of the notice of intent to be covered by a general permit for storm water discharges may include the information required in § 1.32(E)(3) of this Part. Specific notice of intent requirements shall be specified in the general permit in accordance with § 1.32 of this Part.

b. Granting of authorization. Authorization to discharge under a storm water general permit may be automatic or upon notice of authorization as specified in the general permit in accordance with § 1.32 of this Part. Regardless of the means of authorization, the permittee is still responsible for compliance with all terms of the permit and any other applicable State or federal regulations and/or requirements. The Department will be held harmless for any failure of the permittee to comply with the terms of the permit.

2. Individual Permit Application. The operator of a regulated small MS4 and another regulated entity may jointly apply under either §§ 1.32(E)(2)(a) or (b) of this Part to be co-permittees under an individual permit. The Department may require the operator of a small MS4 designated under §§ 1.32(A)(1)(g) or (h) of this Part to seek coverage under an individual permit. The operator of a small MS4 seeking or required to obtain authorization to discharge under an individual permit must meet program requirements as follows:

a. Operators of small MS4s seeking authorization to implement a program under § 1.32(E)(3) of this Part, must submit an application that includes the following:

(1) Information required under §§ 1.32(D)(1)(a) through (d) and § 1.32(E)(3) of this Part.

(2) An estimate of the square mileage served by the small MS4; and

(3) Any additional information that the Department requests.

b. Operators of small MS4s seeking authorization to implement a program that is different from the program under and § 1.32(E)(3) of this Part must comply with the permit application requirements of § 1.32(D) of this Part. The operator of the MS4 must submit both Parts of the application requirements in §§ 1.32(D)(1) and (D)(2) of this Part by March 10, 2003. The applicant is exempt from submitting information required by §§ 1.32(D)(1)(b) and (D)(2)(a) of this Part regarding legal authority unless the applicant intends for the Department to take such information into account when developing other permit conditions. If the operator intends to demonstrate permit coverage for all discharges to Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and impaired water bodies as required in § 1.32(A)(5)(a) ((7)) of this Part), the application required by § 1.32(D) of this Part must document coverage for all such discharges.

3. Storm Water Management Program Requirements. Unless seeking coverage in accordance to § 1.32(E)(2)(b) of this Part, the operator of a small MS4 must develop, implement and enforce a Storm Water Management Program designed to reduce the discharge of pollutants from the MS4 to the Maximum Extent Practicable (MEP), to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act through the implementation of Best Management Practices (BMPs), for each of the minimum control measures. If the operator intends to demonstrate permit coverage to all discharges to Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and impaired water bodies as required in § 1.32(A)(5)(a) ((7)) of this Part, the Storm Water Management Program Plan required by § 1.32(E)(3)(a) of this Part must document coverage for all such discharges.

a. Storm Water Management Program Plan. At a minimum the storm water management program plan must include all of the following:

(1) Information of the Best Management Practices (BMPs) that will be implemented for each of the minimum control measures identified in § 1.32(E)(3)(b) of this Part;

(2) Information of the Measurable Goals for each of the BMPs, including as appropriate:

(AA) Months and years in which the operator will undertake required actions,

(BB) Interim milestones, and

(CC) Frequency of action(s);

(DD) The person(s) responsible for implementing or coordinating the storm water management program plan.

b. Minimum Control Measures.

(1) Public Education and Outreach: The operator must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps the public can take to reduce pollutants in storm water runoff.

(2) Public Involvement/Participation: The operator must, at a minimum, comply with State and local public notice requirements when implementing a public involvement/participation program.

(3) Illicit Discharge Detection and Elimination: At a minimum, the operator must develop, implement and enforce a program to detect and eliminate illicit discharges or flows into the small MS4 that includes the following:

(AA) Development of a storm sewer map showing the location of all outfalls and names and locations of all receiving State waters;

(BB) To the extent allowable under State or local law, effectively prohibit through ordinance, or other regulatory mechanism, non-storm water discharges to MS4 and implement appropriate enforcement procedures and actions;

(CC) Develop and implement a plan to detect and address non-storm water discharges, including illegal dumping, to the MS4;

(DD) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste to the MS4.

(EE) The operator of the small MS4 must address the following categories of non-storm water discharges if these discharges are identified as significant contributors of pollutants to the small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, 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 (discharges or flows from fire fighting activities are excluded from the effective prohibition against non-storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the State).

(4) Construction Site Storm Water Runoff Control: The operator of the regulated small MS4 must develop, implement, and enforce a program to reduce pollutants in any storm water runoff to the small MS4 from construction activities that result in a land disturbance of greater than or equal to one (1) acre including construction activity disturbing less than one (1) acre if that construction activity is part of a larger common plan of development or sale that would disturb one or more acre. At a minimum, the storm water management program plan must include the development and implementation of the following:

(AA) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State or local law;

(BB) Requirements for construction site operators to implement appropriate erosion and sediment control best management practices;

(CC) Requirements for construction site operators to control construction wastes, 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;

(DD) Procedures for site plan review which incorporate consideration of potential water quality impacts;

(EE) Procedures for receipt and consideration of information submitted by the public; and

(FF) Procedures for site inspection and enforcement of control measures.

(5) Post Construction Storm Water Management in New Development and Redevelopment: The operator of the small MS4 must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the small MS4. The program must ensure that controls are in place that would prevent or minimize water quality impacts. The operator of the small MS4 must:

(AA) Develop and implement strategies which include a combination of structural methods such as detention basins, wet basins, infiltration basins and trenches, dry wells, galleys, vegetated swales and vegetated filter strips and/or non-structural best management practices (BMPs) appropriate for the community;

(BB) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State or local law;

(CC) Ensure adequate long-term operation and maintenance of BMPs; and

(DD) Develop and implement strategies to reduce runoff volume which may include minimizing impervious surface areas such as roads, parking, paving or other surfaces, encouraging infiltration of non-contaminated runoff, preventing channelization, encouraging sheet flow, and where appropriate, preserving, enhancing, or establishing buffers along surface waterbodies and their tributaries.

(6) Pollution Prevention/Good Housekeeping for Municipal Operations: The operator of the small MS4 must develop and implement an operation and maintenance program that includes an employee training component and has the ultimate goal of preventing or reducing pollutant runoff and runoff volumes from municipal operations such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water systems maintenance.

4. Waiver applications. An operator of a regulated small MS4 seeking a waiver must submit and application, by the deadlines established in § 1.32 of this Part, which meets the following requirements:

a. An operator of a small MS4 seeking a waiver under § 1.32(G)(5)(a) of this Part must submit the following:

(1) A map indicating the location of all outfalls and receiving water bodies within the urbanized area or densely populated area and the drainage area of any areas within the urbanized area or densely populated area physically interconnected to another regulated MS4.

(2) Any other additional information that the Department deems is necessary to make a determination.

b. An operator of a small MS4 seeking a waiver under § 1.32(G)(5)(b) of this Part must submit the following:

(1) A map indicating the location of all outfalls and receiving water bodies throughout the jurisdiction, including small streams, tributaries, lakes and ponds, and the drainage area of any areas physically-interconnected to another regulated MS4.

(2) A table which identifies the following information for each outfall:

(AA) Any waters designated as impaired on the latest Rhode Island 303(d) list of impaired waters that receive a discharge from the outfall;

(BB) Any EPA approved or established TMDLs completed for impaired water bodies that receive a discharge from the outfall;

(CC) The pollutant(s) of concern addressed by the EPA approved or established TMDL;

(DD) Any storm water controls required by the EPA approved or established TMDL.

(3) For any outfalls that the Department determines discharge to waters that have not been evaluated to determine compliance with water quality standards for all the pollutants of concern, the operator will be required to submit additional information necessary to complete the evaluation.

(4) An analysis, equivalent to a TMDL, for any outfalls which discharge to impaired water bodies, as designated on the latest Rhode Island 303(d) list of impaired waters or upon review of the information required in § 1.32(E)(4)(b) ((3)) of this Part, for which TMDLs have not been completed for all pollutants of concern; and

(5) Any other additional information that the Department Director deems is necessary to make a determination.

c. An operator of a small MS4 seeking a waiver under § 1.32(G)(5)(c) of this Part must submit the following:

(1) Documentation of the extent that the Storm Water Management Program Plan required under § 1.32(E)(3) of this Part provides permit coverage for all discharges to Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and impaired water bodies; or

(2) A map indicating the location of all outfalls to Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and impaired water bodies that receive a discharge from the MS4; and

(3) Description of effective programs, which the operator believes are implemented for the protection of Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and the control of storm water discharges to impaired water bodies; and

(4) Any other additional information that the Department deems is necessary to make a determination.

F. Application Deadlines. Any operator of a point source required to obtain a permit under § 1.32 of this Part, that does not have an effective RIPDES permit authorizing discharges from its storm water outfalls shall submit an application in accordance with the following deadlines:

1. Storm Water Discharges Associated with Industrial Activity.

a. Except as provided in §§ 1.32(F)(1)(b) and 1.32(F)(5) of this Part, for any storm water discharge associated with industrial activity identified in §§ 1.4(A)(111)(a) through (k) of this Part, that is not part of a group application as described in § 1.32(C)(3) of this Part or which is not authorized by a general permit, a permit application shall be submitted to the Department by April 19, 1993. However, facilities that meet the definition of light industry in accordance to § 1.4(A)(111)(k) of this Part, where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery, were not exposed to storm water, were not required to obtain a permit for their storm water discharges from April 19, 1993 until 90 (ninety) days after the effective date of these Regulations. Within 90 (ninety) days of the effective date of these regulations, the operators of these facilities must submit to the Department a no exposure certification in accordance to § 1.32(H) of this Part or a permit application in accordance to § 1.32(C) of this Part.

b. 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, power plant, or uncontrolled sanitary landfill, the permit application must be submitted to the Department by March 10, 2003.

2. Group Permit Applications. Any group application submitted in accordance with § 1.32(C)(3) of this Part shall comply with all Federal requirements.

a. Except as provided in § 1.32(F)(2)(b) of this Part facilities that are rejected as members of the group shall submit an individual application (or obtain coverage under an applicable general permit) no later than 12 months after the date of receipt of the notice of rejection or by April 19, 1993, whichever comes first.

b. Facilities that are owned or operated by a municipality and that are rejected as members of the Part 1 group application shall submit an individual application no later than 180 days after the date of receipt of the notice of rejection or by April 19, 1993, whichever is later.

3. For any discharge from a medium municipal separate storm sewer system;

a. Part 1 of the application shall be submitted to the Department by April 19, 1993.

b. Based on information received in the Part 1 application the Department will approve or deny a sampling plan under § 1.32(D)(1)(d) ((5)) of this Part within ninety (90) days after receiving the Part 1 application.

c. Part 2 of the application shall be submitted to the Department by May 17, 1993.

4. For the storm water discharges defined below, a permit application shall be submitted to the Department within sixty (60) days of notice for storm water discharges associated with industrial activity and small construction activity, and one hundred eighty (180) days for storm water discharges from a small municipal separate storm sewer system, unless permission for a later date is granted by the Department (see 40 C.F.R. § 124.52(c), incorporated above at § 1.3(B) of this Part):

a. A storm water discharge which the Department, 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 (see §§ 1.32(A)(1)(g) and 1.4(A)(112)(b) of this Part) or is designated in accordance with § 1.32(A)(1)(h) of this Part;

b. A storm water discharge subject to § 1.32(C)(1)(e) of this Part.

5. Existing discharges of storm water associated with industrial activity. Facilities with existing RIPDES permits for storm water discharges associated with industrial activity shall maintain existing permits. Re-applications shall be submitted in accordance with the requirements of §§ 1.11, 1.12, and 1.32(C) of this Part, (40 C.F.R. § 122.21 and 40 C.F.R. § 122.26(c), incorporated above at § 1.3(B) of this Part) 180 days before the expiration of such permits. Facilities with expired permits or permits due to expire before May 18, 1992, shall submit applications in accordance with the deadline set forth under § 1.32(F)(1) of this Part.

6. New discharges of storm water associated with industrial activity. Facilities proposing a new discharge of storm water associated with industrial activity shall submit an application/notice of intent or a no exposure certification in accordance to § 1.32(H) of this Part, 180 days before that facility commences industrial activity which may reasonably be expected to result in a discharge of storm water associated with that industrial activity. Different submittal dates may be required under the terms of applicable general permits.

7. Discharges of storm water associated with small construction activity. For any storm water discharge associated with small construction activity identified in § 1.4(A)(112)(a) of this Part, a permit application must be submitted to the Department by March 10, 2003, unless designated for coverage before then.

8. Discharges of storm water from small municipal separate storm water sewer systems. For any discharge from a regulated small MS4, the permit application made under § 1.32(E) of this Part must be submitted to the Department by:

a. March 10, 2003 if subject to §§ 1.32(A)(5)(a) ((1)) through ((4)) of this Part;

b. March 10, 2008 if subject to § 1.32(A)(5)(a) ((7)) of this Part;

c. Within one hundred eighty (180) days of notice, unless the Department grants a later date, if designated under §§ 1.32(A)(1)(g), 1.32(A)(1)(h), and 1.32(A)(5)(a) ((5)), ((6)), ((8)) through ((10)) of this Part.

9. Waivers from permit requirement for discharges of storm water from small municipal separate storm sewer systems.

a. An operator of a small MS4 eligible for a waiver under §§ 1.32(G)(5)(a) and 1.32(G)(5)(b) of this Part must submit an application for a waiver in accordance with § 1.32(E)(4) of this Part by June 19, 2002.

b. An operator of a small MS4 seeking a waiver under § 1.32(G)(5)(c) of this Part must submit an application for a waiver in accordance with § 1.32(E)(4) of this Part by March 10, 2007.

G. Petitions

1. Any operator of a municipal separate storm sewer system may petition the Department to require a separate RIPDES permit for any discharge or category of discharges into the municipal separate storm sewer system.

2. Any person may petition the Department to require a RIPDES permit for a discharge or category of discharges which are 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.

3. The owner or operator of a municipal separate storm sewer system may petition the Department to reduce the Census estimates of the population served by such separate system to account for storm water discharged to combined sewers as defined by 40 C.F.R. § 35.2005(b)(11), incorporated above at § 1.3(B) of this Part, 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 RIPDES 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.

4. Any person may petition the Department for the designation of a large, medium or small municipal separate storm sewer system as defined by §§ 1.4(A)(53)(d), 1.4(A)(59)(d), or 1.4(A)(105) of this Part. Final determination on any petition will be made in accordance to § 1.32(G)(8) of this Part.

5. The Department may waive the requirement to obtain a permit for small municipal separate storm sewer systems under the following circumstances:

a. The small MS4 is located within a jurisdiction with only urbanized areas that contain a total population of less than 1,000 or a jurisdiction with only densely populated areas (See §§ 1.72 and 1.73 of this Part), and the MS4 meets the following criteria:

(1) The small MS4 is not contributing substantially to the pollutant loadings of a physically interconnected regulated MS4;

(2) The small MS4 does not discharge to an impaired water body, within the urbanized area or densely populated area;

(3) If the small MS4 does discharge to an impaired water body within the urbanized area or densely populated area, the operator of the small MS4 has demonstrated that it does not discharge any pollutants that have been identified as the cause of impairment;

(4) If the small MS4 discharges any pollutant(s) that have been identified as a cause of impairment, to an impaired water body within the urbanized area or densely populated area, then it must be demonstrated that storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) causing the impairment.

b. The small MS4 is located in a jurisdiction with urbanized areas or both urbanized areas and densely populated areas that contain a total population greater than or equal to 1,000 but less than 10,000 (See §§ 1.72 and 1.73 of this Part), and the MS4 meets all of the following criteria:

(1) The Department has evaluated all waters of the State, including small streams, tributaries, lakes, and ponds, that receive a discharge from the small MS4, throughout the jurisdiction;

(2) For all such waters, the Department has determined that storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocation for the pollutant(s) of concern;

(3) For the purpose of this paragraph, the pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the MS4, throughout the jurisdiction; and

(4) The operator of the MS4 has demonstrated to the satisfaction of the Department that future discharges from the MS4 do not have 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.

c. On or after March 2008, the operator of a small MS4, located outside urbanized areas and densely populated areas (See §§ 1.72 and 1.73 of this Part), or previously waived in accordance with §§ 1.32(G)(5)(a) and 1.32(G)(5)(b) of this Part that discharges to Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs) or impaired waters, will be required to obtain a permit, unless the operator has demonstrated effective protection of water quality to the satisfaction of the Department by meeting the following criteria:

(1) The operator has documented that the Storm Water Management Program Plan as defined in § 1.32(E) of this Part is applied to all Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), or impaired water bodies that receive a discharge from the small MS4; or

(2) If the small MS4 discharges to Special Resource Protection Waters (SPRWs), Outstanding National Resource Waters (ONRWs), or impaired water bodies then it must be demonstrated that existing and future discharges from the MS4 do not have the potential to result in water quality impacts including habitat and biological impacts; and

(3) If the small MS4 was previously waived in accordance to §§ 1.32(G)(5)(a) and 1.32(G)(5)(b) of this Part the Department must determine that those criteria for granting the waiver continue to be met.

6. Any person may petition the Department to review a waiver when the petitioner provides evidence that the information required for granting the waiver have changed.

7. The Department will periodically review any waivers granted in accordance to § 1.32(G)(5) of this Part to determine whether any of the information for granting the waiver has changed. At a minimum such review will be conducted once every five (5) years.

8. The Department shall make a final determination on any petition received under this section within a reasonable period of time after receiving the petition with the exception of petitions to designate a small MS4 in which case the Department shall make a final determination on the petition within one hundred eighty (180) days after its receipt. Where the Department does not make a determination for a petition in accordance to these deadlines, EPA may make a determination on the petition. For any storm water discharge from a small MS4 that the Department has designated, a permit application shall be submitted to the Department within one hundred eighty (180) days of notice.

H. 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, snowmelt and/or runoff, and the discharger satisfies the conditions in §§ 1.32(H)(1) through 1.32(H)(4) of this Part. "No exposure", for purposes of this section, means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff. Industrial materials or activities include, but are not limited to, 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.

1. Qualification. To qualify for this exclusion, the operator of the discharge must:

a. Provide a storm resistant shelter to protect industrial materials and activities from exposure to rain, snow, snowmelt, and runoff;

b. Complete and sign (according to § 1.12 of this Part) a certification, in accordance to § 1.32(H)(4) of this Part that there are no discharges of storm water contaminated by exposure to industrial materials and activities from the entire facility, except as provided in § 1.32(H)(2) of this Part;

c. Submit the signed certification to the Department once every five years;

d. Allow the Department to inspect the facility to determine compliance with the "no exposure" conditions;

e. Allow the Department to make any "no exposure" inspection reports available to the public upon request; and

f. 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.

2. Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for:

a. Drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak ("Sealed", for the purpose of this section, means banded or otherwise secured and without operational taps or valves);

b. Adequately maintained vehicles used in material handling; and

c. Final products, other than products that would be mobilized in storm water discharge (e.g., rock salt).

3. Limitations.

a. Storm water discharges from construction activities identified in as defined in §§ 1.4(A)(111)(j) and 1.4(A)(112) of this Part are not eligible for this conditional exclusion.

b. This conditional exclusion from the requirement for a RIPDES 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.

c. If circumstances change and industrial materials or activities become exposed to rain, snow, snowmelt, and/or runoff, the conditions for this exclusion no longer apply. In such cases, the discharger becomes subject to enforcement for un-permitted discharges. Any conditionally exempt discharger who anticipates changes in circumstances should apply for and obtain permit authorization prior to the change of circumstances.

d. Notwithstanding the provisions of this paragraph, the Department 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.

e. The Department retains the authority to require permit authorization (and deny this exclusion) on a case-by-case basis, based on the information provided in § 1.32(H)(4) of this Part or upon making a determination that the materials or activities listed in § 1.32(H)(4)(c) of this Part are or have been exposed to precipitation.

4. Certification. The operator of a discharge seeking a conditional exclusion must submit to the Department a no exposure certification that contains the following information, at a minimum, to aid the Department in determining if the facility qualifies for the no exposure exclusion:

a. The legal name, address and phone number of the discharger (see § 1.8(C) of this Part);

b. The facility name and address, the county name and the latitude and longitude where the facility is located;

c. The certification must indicate that none of the following materials or activities are, or will be in the foreseeable future, exposed to precipitation:

(1) 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;

(2) Materials or residuals on the ground or in storm water inlets from spills/leaks;

(3) Materials or products from past industrial activity;

(4) Material handling equipment (except adequately maintained vehicles);

(5) Materials or products during loading/unloading or transport activities;

(6) 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 pollutant);

(7) Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers;

(8) Materials or products handled/stored on roads or railways owned or maintained by the discharger;

(9) Waste material (except waste in covered, non-leaking containers, e.g., dumpsters);

(10) Application or disposal of process wastewater (unless otherwise permitted); and

(11) Particulate matter or visible deposits of residuals from roof stack/vents not otherwise regulated, i.e., under an air quality control permit, and evident in the storm water outflow;

d. All "no exposure" certifications must include the following certification statement, and be signed in accordance with the signatory requirements of § 1.12 of this Part): "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 RIPDES storm water permitting; and that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility identified in this document (except as allowed under § 1.32(H)(2) of this Part. I understand that I am obligated to submit a no exposure certification form once every five (5) years to the Department and, if requested, to the operator of the local MS4 into which this facility discharges (where applicable), I understand that I must allow the Department, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under a RIPDES permit prior to any point source discharge of storm water from the facility. 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."

e. Any other additional information that the Department deems is necessary to make a determination.

250 R.I. Code R. 250-RICR-150-10-1.32