25122 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6586–3]

Final Modification of the National

Pollutant Discharge Elimination

System (NPDES) General Permit for

Storm Water Discharges From

Construction Activities

AGENCY: Environmental Protection

Agency (EPA), Region 4.

ACTION: Notice of final modification of

NPDES general permit for storm water

discharges from construction activities.

SUMMARY: Section 405 of the Water

Quality Act of 1987 (WQA) added

section 402(p) of the Clean Water Act

(CWA) which requires the

Environmental Protection Agency (EPA)

to develop a phased approach to

regulate storm water discharges under

the National Pollutant Discharge

Elimination System (NPDES) program.

EPA published a final regulation on

November 16, 1990, (55 FR 47990)

establishing permit application

requirements for storm water discharges

associated with industrial activity. EPA

defined the term ‘‘storm water discharge

associated with industrial activity’’ in a

comprehensive manner to cover a wide

variety of facilities. This definition

greatly expanded the number of

industrial facilities subject to the

NPDES program. Construction activities

that disturb at least five acres of land

and have point source discharges to

waters of the U.S. are defined as an

‘‘industrial activity’’ per 40 CFR

122.26(b)(14)(x).

40 CFR 122.4(d) and (i) prohibit EPA

from authorizing discharges which will

cause or contribute to the impaired use

of waters of the U.S. Currently, facilities

discharging to waters listed in

accordance with the requirements of

Section 303(d) of the Clean Water Act

would most likely be required to apply

for individual permit coverage, which is

resource intensive for both the applicant

and the NPDES permit issuing

authority. Therefore, EPA Region 4 has

concluded that additional permitting

measures in the existing storm water

general permit for construction

activities are necessary to assure that

storm water discharges to 303(d) waters,

listed for TSS, do not cause or

contribute to the impaired designated

use of a water body.

The following provides notice for a

final modification of the NPDES general

permit, accompanying response to

comments, and fact sheet for storm

water discharges from construction

activities in the following areas of

Region 4:

Indian Country Lands within the State

of Alabama

The State of Florida

Indian Country Lands within the State

of Florida

Indian Country Lands within the State

of Mississippi

Indian Country Lands within the State

of North Carolina

DATES: This general permit modification

shall be effective on July 1, 2000.

Deadlines for compliance with the

modification conditions are included in

today’s notice.

ADDRESSES: Notices of Intent (NOIs)

submitted in accordance with this

permit to receive coverage under this

permit and Notices of Termination

(NOTs) to terminate coverage under this

permit must be sent to Storm Water

Notice of Intent (4203), 401 M Street,

SW, Room 2104 Northeast Mail,

Washington, DC 20460. The complete

administrative record is available from

the U.S. Environmental Protection

Agency, Region 4, Freedom of

Information Officer, 61 Forsyth St. S.W.,

Atlanta, GA 30303. A reasonable fee

may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Floyd Wellborn, telephone number

(404) 562–9296, or Mr. Michael

Mitchell, telephone number (404) 562–

9303, or at the following address:

United States Environmental Protection

Agency, Region 4, Water Management

Division, NPDES and Biosolids Permits

Section, Atlanta Federal Center, 61

Forsyth Street S.W., Atlanta, GA 30303.

SUPPLEMENTARY INFORMATION:

Table of Contents.

I. Introduction

II. Coverage of General Permit

III. Changes from the Proposed Permit

IV. Summary of Permit Conditions

V. Cost Estimates

VI. Unfunded Mandates Reform Act

VII. Paperwork Reduction Act

VIII. Regulatory Flexibility Act

IX. Summary of Responses to Comments on

the Proposed Permit

X. Section 401 Certification

XI. Official Signatures

I. Introduction

In 1972, the Federal Water Pollution

Control Act (also referred to as the Clean

Water Act (CWA)) was amended to

provide that the discharge of any

pollutants to waters of the United States

from any point source is unlawful,

except if the discharge is in compliance

with a National Pollutant Discharge

Elimination System (NDPES) permit. In

1987, § 402(p) was added to the CWA to

establish a comprehensive framework

for addressing storm water discharges

under the NPDES program. Section

402(p)(4) of the CWA clarifies the

requirements for EPA to issue NPDES

permits for storm water discharges

associated with industrial activity. On

November 16, 1990 (55 FR 47990), EPA

published final regulations which

define the term ‘‘storm water discharge

associated with industrial activity.’’

On March 31, 1998, EPA Region 4

issued a general permit for discharges of

storm water from construction activities

‘‘associated with industrial activity’’ to

reduce the administrative burden of

issuing an individual NDPES permit to

each construction activity.

II. Coverage of General Permit

Section 402(p) of the Clean Water Act

(CWA) clarifies that storm water

discharges associated with industrial

activity to waters of the United States

must be authorized by an NPDES

permit. On November 16, 1990, EPA

published regulations under the NPDES

program which defined the term ‘‘storm

water discharge associated with

industrial activity’’ to include storm

water discharges from construction

activities (including clearing, grading,

and excavation activities) that result in

the disturbance of five or more acres of

total land area, including areas that are

part of a larger common plan of

development or sale (40 CFR

122.26(b)(14)(x)). The term ‘‘storm water

discharge from construction activities’’

will be used in this document to refer

to storm water discharges from

construction sites that meet the

definition of a storm water discharge

associated with industrial activity.

This modification of the general

permit may authorize storm water

discharges to waters listed on the 1998

EPA approved 303(d) list (or any

subsequently approved list, hereafter

referenced as the EPA approved 303(d)

list), for Total Suspended Solids (TSS),

or other parameters associated with

sediments, from existing construction

sites (facilities where construction

activities began before the effective date

of this modification, and final

stabilization is to occur after the

effective date of this modification) and

new construction sites. New

construction sites are those facilities

where disturbances associated

construction activities commence after

the effective date of this modification.

To obtain authorization under the

general permit, a discharger must

submit a complete NOI and comply

with the terms of the permit. The terms

and conditions of this modification are

applicable to all qualifying facilities

even if coverage under the permit began

prior to the effective date of the

modification.

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25123

III. Changes From the July 21, 1999

Proposed Permit Modification

(Amended August 25, 1999)

• Applicants are now required to

contact the permit issuing authority for

help in determining if they are

discharging to 303(d) listed waters.

• The final issuance will only include

the 1998 EPA approved 303(d) list for

water segments listed for TSS.

• The entire general permit with the

modification’s are being reprinted in

today’s notice. The species list in

Appendix C, however, has not been

reprinted and can be found in the March

31, 1998 Federal Register notice (63 FR

15621) or at the following web site:

http://www.epa.gov/owm/esalst2.htm

• The proposed modification in the

July 21, 1999 Federal Register (64 FR

39136) incorrectly identified a change in

Part I.C. ‘‘Authorization.’’ Today’s

Notice correctly changes Part II.B.

‘‘Contents of Notice of Intent.’’ Part

II.B.9. of today’s permit asks for

certification of eligibility under Part

I.B.3.e.(2) (Endangered Species) and

I.B.3.f. (Historic Preservation).

• Typographical errors in Parts

II.B.10. and VII.G.2.d. were corrected to

properly identify the signature

requirements of Part VII.G. Previously,

the permit had incorrectly indicated

Part VI.G which does not exist.

• The qualified personnel has been

further defined in Part V.D.4. as a State

certified storm water operator. A State

certified storm water operator is one

who has completed the Florida Storm

water, Erosion and Sediment Control

Training and Certification Program for

Inspectors and Contractors. Furthermore

they have passed the course

examination.

IV. Summary of Modification

Conditions

For Facilities in Florida

In order to get construction general

permit coverage, applicants must

determine if the facility discharges to

waters listed on the EPA approved

303(d) list for impairment due to Total

Suspended Solids.

For Facilities on Indian Country Lands

In order to get construction general

permit coverage, applicants must

determine if the facility discharges to

waters impaired for either Total

Suspended Solids, Turbidity, Silt or

Sediment. It is incumbent upon the

applicant to contact the Environmental

Coordinator of the Tribe on whose lands

the discharge occurs if you are unsure

whether or not the facility will be

discharging to impaired waters for

either of the above referenced

parameters.

What To Do Next

For all facilities, if the determination

is made that you will be discharging to

waters impaired because of either Total

Suspended Solids or other parameters

associated with sediments (or in the

case of discharges on Indian Country

lands; TSS, Turbidity, Silt or Sediment)

the facility must comply with the terms

and conditions of Part III.C. of the

permit.

• The permittee shall monitor, during

regular working hours, once per month

within the first 30 minutes of a

qualifying storm event or within the

first 30 minutes of the beginning of the

discharge of a previously collected

qualifying event for Settleable Solids

(ml/l), Total Suspended Solids (mg/l),

Turbidity (NTUs) and Flow (MGD). A

qualifying event is defined as a rain

event of 0.5 inches or greater in a 24-

hour period.

• Where the receiving water has flow

upstream from the discharge, a

background sample for Settleable

Solids, Total Suspended Solids and

Turbidity shall be taken instream at

middepth and immediately upstream

from the influence of the discharge of

storm water from the site. If there is no

upstream flow, instream monitoring is

not required.

• The soil type and average slope of

the drainage area for each outfall shall

be reported with the Discharge

Monitoring Report submitted in

accordance with Part III.C.5. of the

permit.

This permit does not authorize the

discharge of storm water, from

construction activities, which causes or

contributes to the impairment of the

designated use of waters of the United

States.

V. Cost Estimates

The two major costs associated with

monitoring requirements. One is the

acquisition of monitoring equipment

and the other is the fee incurred for

laboratory analysis of the sample. While

EPA recognizes that this is an increased

cost from the general permit prior to its

modification, it is no more expensive

than an individual permit which would

most likely have similar requirements.

In addition, the cost of compliance with

a general permit is lower than that of an

individual permit. Therefore, there is a

comparative financial benefit to

coverage under the general permit even

with monitoring requirements from

coverage under an individual permit.

VI. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMA), Public Law

104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and Tribal governments and the private

sector. Under UMA section 202, EPA

generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and Tribal governments, in the

aggregate, or to the private sector, of

$100 million or more in any one year.

Before promulgating an EPA rule for

which a written statement is needed,

UMA section 205 generally requires

EPA to identify and consider a

reasonable number of regulatory

alternatives and adopt the least costly,

most cost-effective or least burdensome

alternative that achieves the objectives

of the rule. The provisions of UMA

section 205 do not apply when they are

inconsistent with applicable law.

Moreover, UMA section 205 allows EPA

to adopt an alternative other than the

least costly, most cost-effective or least

burdensome alternative if the

Administrator publishes an explanation

with the final rule why the alternative

was not adopted.

Before EPA establishes any regulatory

requirements that may significantly or

uniquely affect small governments,

including Tribal governments, it must

have developed under UMA section 203

a small government agency plan. The

plan must provide for notifying

potentially affected small governments,

enabling officials of affected small

governments to have meaningful and

timely input in the development of EPA

regulatory proposals with significant

Federal intergovernmental mandates,

and informing, educating and advising

small governments on compliance with

the regulatory requirements.

A. UMA Section 202 and the

Construction General Permit

UMA section 202 requires a written

statement containing certain

assessments, estimates and analyses

prior to the promulgation of certain

general notices of proposed rulemaking

(2 U.S.C. 1532). UMA section 421(10)

defines ‘‘rule’’ based on the definition of

rule in the Regulatory Flexibility Act.

Section 601 of the Regulatory Flexibility

Act defines ‘‘rule’’ to mean any rule for

which an agency publishes a general

notice of proposed rulemaking pursuant

to section 553 of the Administrative

Procedure Act. EPA does not propose to

issue NPDES general permits based on

25124 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

APA section 553. Instead, EPA relies on

publication of general permits in the

Federal Register in order to provide ‘‘an

opportunity for a hearing’’ under CWA

section 402(a), 33 U.S.C. 1342(a).

Nonetheless, EPA has evaluated

permitting alternatives for regulation of

storm water discharges associated with

construction activity. The general

permit that EPA proposes to modify

would be virtually the same NPDES

general permit for discharges of storm

water from construction activities that

many construction operators have used

over the past year since most will not be

discharging to 303(d) listed waters. For

those who are discharging to 303(d)

listed waters and come under the new

monitoring and reporting requirements,

general permits provide a more cost and

time efficient alternative for the

regulated community to obtain NPDES

permit coverage than that provided

through individually drafted permits.

B. UMA Section 203 and the

Construction General Permit

Agencies are required to prepare

small government agency plans under

UMA section 203 prior to establishing

any regulatory requirement that might

significantly or uniquely affect small

governments. ‘‘Regulatory

requirements’’ might, for example,

include the requirements of this NPDES

general permit for discharges associated

with construction activity. EPA

envisions that some municipalities—

those with municipal separate storm

sewer systems serving a population over

100,000—may elect to seek coverage

under this general permit where they

are the operators of construction

activities. For municipalities with a

population of less than 100,000,

however, a permit application is not

required until August 7, 2001, for a

storm water discharge associated with

construction activity where the

construction site is owned or operated

by a municipality. (See 40 CFR

122.26(e)(1)(ii)&(g)).

In any event, any such permit

requirements would not significantly

affect small governments because most

State laws already provide for the

control of sedimentation and erosion in

a similar manner as today’s general

permit. Permit requirements also would

not uniquely affect small governments

because compliance with the permit’s

conditions affects small governments in

the same manner as any other entity

seeking coverage under the permit; thus,

UMA section 203 would not apply.

VII. Paperwork Reduction Act

EPA has reviewed the requirements

imposed on regulated facilities in this

final general permit under the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et. seq. EPA did not prepare

an Information Collection Request (ICR)

document for today’s permit because the

information collection requirements in

this permit have already been approved

by the Office of Management and

Budget (OMB) in submissions made for

the NPDES permit program under the

provisions of the Clean Water Act.

VIII. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

U.S.C. 601 et. seq., EPA is required to

prepare a Regulatory Flexibility

Analysis to assess the impact of rules on

small entities. No Regulatory Flexibility

Analysis is required, however, where

the head of the agency certifies that the

rule will not have a significant

economic impact on a substantial

number of small entities.

Today’s permit modification provides

small entities with an application

option that is less burdensome than

individual applications. The other

requirements have been designed to

minimize significant economic impacts

of the rule on small entities and does

not have a significant impact on

industry. In addition, the permit

reduces significant administrative

burdens on regulated sources.

Accordingly, I hereby certify pursuant

to the provisions of the Regulatory

Flexibility Act, that this permit will not

have a significant impact on a

substantial number of small entities.

IX. Responses to Comments

The following is a summary of the

issues identified by EPA that were

raised regarding the modification of the

general permit for storm water from

construction activities and EPA’s

response to those issues.

Several commenters asked for a

clarification of the definition of a

qualifying event. Specifically, is a

qualifying event measured within the 24

hours of a calendar day or is it a rolling

24 hours? EPA’s intent is to require

monitoring of one event that produces

0.5 inches of rain fall in a rolling 24

hour period, during a calendar month.

Several commenters asked how one

would know to take a grab in the first

30 minutes of the rain event if you don’t

know if the storm is a qualifying event

yet. If the retention on the site delays

the discharge, then collection of a

sample during the first 30 minutes is not

required. EPA acknowledges that the

facility may take samples in anticipation

of a qualifying event, that are never sent

to the lab because the event did not

qualify for sampling.

One commenter asked how would one

know when to sample if there was a

fairly continuous discharge from current

and previously collected events since

the first thirty minutes of discharge may

not be discernable. In the case of the

rain events being close together, a

sample would be collected within the

first 30 minutes after the start of the

qualifying event. Since only one sample

per month is required, monitoring of

any subsequent discharge is not

required.

Comments were submitted on how is

monitoring conducted during off hours

or if the monitoring stations are too far

away to monitor during the first 30

minutes. It is incumbent on the

permittee to plan for monitoring during

regular working. This of course may

mean that all discharges from a

qualifying event in a given month may

occur during non-regular working

hours. In such a case, the permittee

should indicate ‘‘no discharge from a

qualifying event occurred during regular

working hours’’ in lieu of sampling

results on the Discharge Monitoring

Report (DMR) form and submit it to the

EPA. If the facility is too big to collect

samples from all the outfalls on the

same day, subsequent events within the

month should be considered for other

outfalls. This does not release the

permittee from compliance

responsibility should there be only one

qualifying event during a given month.

The document NPDES Storm Water

Sampling Guidance Document (EPA

833–F–92–001, July 1992) discusses this

in Part 2.9 of the document beginning

on page 31.

Comments were submitted asking if

the permit requires the installation of an

automatic sampler to comply with the

sampling requirements. The permit does

not require the installation of an

automatic sampler but it does require

compliance with the monitoring

conditions. It is up to the permittee to

determine if the only way for the facility

to comply with the permit is to install

an automatic sampler.

Several commenters indicated that the

cost of monitoring would be excessive

without any real benefit to the

environment. One commenter suggested

that a more effective approach to

sediment control would be requiring a

‘‘qualified person’’ to conduct the

sediment and erosion control onsite.

While EPA understands that the

monitoring in the modified general

permit is an increase over the

conditions of the March 31, 1998

reissued general permit, the cost is no

more than would be for compliance

with an individual permit. In addition,

EPA’s evaluation of the cost, based on

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25125

EPA’s own lab expenses, is significantly

less that the estimation of the

commenters.

One commenter requested

clarification of when a facility is

discharging directly to a 303(d) listed

water body segment. Only those

discharges whose collection systems

overflowed or release discharges

directly to listed segments would be

required to monitor. Discharges which

flow through tributaries, which

themselves are not listed, or local

collection systems, such as Municipal

Separate Storm Sewer Systems (MS4),

are not required to monitor under the

modified permit. Co-permittees who

discharge to another permittee’s

collection system which then discharges

to a listed segment may be required to

monitor. Such a determination would be

conducted at the request of the

permittee discharging directly to the

listed segment. Discharges to piped

MS4s which are ultimately discharging

to 303(d) listed waters are not required

to monitor.

One commenter asserted that the

EPA’s decision to include protective

monitoring appears unsupported by

sufficient data demonstrating that

additional protection of waters is

required. The introduction in the July

21, 1999 Federal Register (64 FR 39136)

justifies the inclusion of monitoring

based on the requirements of 40 CFR

Part 122.4 (d) and (i), which disallow

the authorization of discharges which

contribute to the impaired use of a

receiving water. No previously existing

data is required to conclude that the

addition of particulates from a

construction site has the potential to

contribute to the impaired use of a

receiving water when it is currently

impaired due to particulate pollution. If

the permit issuing authority determines

that an individual facility contributes to

the impaired use of a water segment, an

individual permit will be required for

the discharges from that facility. EPA

suspects that the majority of sites will

not contribute to the impairment. It

would be unreasonable to leave it to

assumption though. The purpose of the

monitoring is, in fact, to aid in the

determination of whether an individual

facility is contributing to the

impairment. In addition, the CWA,

section 308(a) allows for monitoring to

determine if a violation of a prohibition,

such as 40 CFR 122.4(d) or (i), has

occurred.

One commenter perceived and

objected to the notion that the

construction industry was being made

to bearing the cost of stream monitoring

for the development of Florida’s Total

Maximum Daily Loads (TMDL) and

further contends that the construction

industry is not the only contributor of

solids to the waters of the State. EPA is

not including this monitoring to

develop stream data for a TMDL. As

stated previously, it is included to

determine compliance with 40 CFR

122.4. However, since the data is being

collected anyway, an additional benefit

will be the availability of the data once

development of a TMDL is underway. It

is common practice in developing a

TMDL to use available data collected by

many sources. EPA does concur that the

construction industry is not the sole

source of solids to water bodies and

therefore not the sole cause of

impairment to a 303(d) listed water. It

is certain, though, that it is a possible

source and is essential to determine

what individual facilities may

contribute to the impaired use of a listed

water segment.

One commenter expressed concern

over using Florida’s 303(d) list since it

is continually updated to include newly

listed water segments making it difficult

to know in advance if the construction

site will discharge to a listed water

body. EPA acknowledges this concern

and has changed the final permit to

require monitoring only at facilities

discharging to water segments listed on

the EPA approved 303(d) list. Contact

the EPA for information on updates to

the list.

One commenter contended that EPA

Region 4’s proposal to include

monitoring in the general permit

conflicts with EPA Headquarter’s

proposal to develop effluent guidelines

for the construction industry which

wouldn’t include numerical limits but

simply Best Management Practices

(BMP). Currently, there is no effluent

guideline for this activity; however,

effluent guidelines have technology

based requirements and are not usually

protective of state water quality

standards.

One commenter believes that the

monitoring requirements place an unfair

burden on facilities discharging to

waters known to be impaired since all

the waters in the State have not yet been

assessed. Revisions have been made in

the final permit to ensure currently

listed waters and any added in the

future are protected by the requirements

of this permit.

One commenter challenged EPA’s

consideration of the Unfunded

Mandates Reform Act which requires

Federal Agencies to consider least

costly, more cost-effective and/or least

burdensome alternatives. The

commenter pointed out that EPA

contended that the evaluation

performed regarding permitting options

for the regulation of storm water

discharges form construction activities

is sufficient to meet this requirement

since it will be virtually the same

NPDES general permit (see Part VI of

this notice). One should understand that

the general permit is a voluntary permit.

Any time a facility deems compliance

with the general permit too burdensome

or costly, they are free to apply for an

individual permit. For those sites

discharging to 303(d) listed waters, the

alternative to this modification would

be an individual NPDES permit which

would be more costly to comply with.

Therefore, the EPA chosen alternative of

modifying the general permit to include

conditions on construction sites

discharging to 303(d) listed waters is

considerate of the Unfunded Mandates

Reform Act.

One commenter was confused about

the pollutant to look for in the EPA

Approved 303(d) list. In one Federal

Register, the pollutant which triggered

monitoring was silt and/or sediment

and in the other it was total suspended

solids. At this point the 303(d) list

expresses impairment due to solids as

the pollutant total suspended solids. So,

TSS is the one which currently triggers

monitoring. However, should

subsequent approved lists contain other

indicators of solids transportation to the

receiving waters, those parameters

would trigger the monitoring

requirements as well.

Several commenters proposed the

delay of the issuance of the modification

which requires monitoring until the

Total Maximum Daily Load (TMDL)

management proposal is finalized. One

commenter believes that the EPA’s

proposal for managing TMDLs to

impaired waters would be sufficient to

assess the contribution of solids in the

discharges of storm water runoff from

construction activities to waters of the

United States which are impaired

because of TSS, turbidity, silt or

sedimentation. And another commenter

suggested that monitoring in the general

permit to determine Best Management

Practice (BMP) effectiveness is

premature. While it may be true that the

TMDL program may adequately assess

the over arching contribution from such

facilities, it cannot assess an individual

facility’s contribution and whether or

not the discharges from a particular

facility cause or contribute to the further

impairment of the receiving water. And

while other EPA efforts are ongoing to

set national standards, effluent

guidelines and design criteria do not

prevent mishaps and the improper

instillation and maintenance of BMPs.

In addition, the Clean Water Act (1987,

as amended) and 40 CFR Part 122

25126 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

compels EPA to address the site specific

discharges of pollutants to waters of the

U.S. and particularly the discharges of

a pollutant to waters impaired because

of that pollutant. EPA continues to

believe that including conditions in the

general permit addressing the

discharges of solids to waters impaired

because of solids is the least burden on

the regulated community and on EPA

while remaining consistent with the

requirements of the CWA.

On this point, the commenters,

believe that the proposed monitoring

conditions would be inadequate to

determine the effect on an impaired

water of solids in the storm water

discharge. One commenter suggested

that the nebulous difference between

point and non-point source discharges

under EPA’s wet weather programs

made monitoring ineffective in

determining whether or not a discharge

causes or contributes to the impairment

of a water body. EPA reserves the right

to terminate coverage under the general

permit for facilities which demonstrate

that the discharges from the site have

the reasonable potential to cause or

contribute to the impairment in the

listed water body. In such a case, EPA

may at its discretion require the

permittee to cease discharging to the

impaired water body or to apply for an

individual permit so that facility

specific discharge limitations and

pollution prevention plan requirements

could be established. Non-point source

contributions of sediments are

addressed under Section 319 of the

Clean Water Act.

X. Section 401 Certification

Certification of the proposed permit

modification was requested from the

State of Florida by letter dated January

22, 1999. The Florida Department of

Environmental Protection (FDEP)

waived certification of the proposed

permit modification via a letter dated

July 13, 1999. The State did include

comments on the permit modification in

the waiver letter. Certification of the

proposed permit was requested from the

Miccosukee Tribe of Indians of Florida

by letter dated June 23, 1997.

Certification of the proposed permit is

deemed waived in accordance with the

provisions of 40 CFR 124.53(c).

Certification of the proposed permit

modification was requested from the

Seminole Tribe of Florida by letter

dated February 8, 1999. The Seminole

Tribe of Florida provided certification of

the proposed permit modification via a

letter dated April 15, 1999.

XI. Official Signatures

Accordingly, I hereby certify pursuant

to the provisions of the Regulatory

Flexibility Act, that this permit will not

have a significant impact on a

substantial number of small entities.

Authority: Clean Water Act, 33 U.S.C 1251

et seq.

Dated: April 20, 2000.

John H. Hankinson, Jr.,

Regional Administrator, Region 4.

Appendix A

From the effective date of this permit,

applicants are to use the existing Notice of

Intent form (EPA 3510–9, published in the

March 6, 1998 Federal Register, 63 FR

11253) referenced in this Appendix to obtain

permit coverage. According to the provisions

in Part II.B. of this permit, applicants are

reminded that they are certifying that they

meet all eligibility requirements of Part I.B.

of this permit and are informing the Director

of their intent to be covered by, and comply

with, those terms and conditions. These

conditions include certifications that the

applicant’s storm water discharges and storm

water-related discharge activities will not

adversely affect listed endangered or

threatened species, their critical habitat, or

places either listed or eligible for listing on

the National Register of Historic Places.

Appendix B

From the effective date of this permit,

permittees are to use the existing Notice of

Termination form (EPA Form 3510–7)

contained in this Addendum until they are

instructed by the Director (EPA) to use a

revised version. Permittees are to complete,

sign and submit the form in accordance with

Part VII.G of the permit when terminating

permit coverage at a construction project

when one or more or the conditions

contained in Part IX have been met.

Appendix C—Endangered Species Guidance

I. Instructions

A list of species that EPA has determined

may be affected by the activities covered by

the construction general permit will be

included in the final issued permit. These

species will be listed by county. In order to

get construction general permit coverage,

applicants must:

• Indicate in the box provided on the NOI

whether any species listed in this Appendix

are in proximity to the facility, and

• Certify pursuant to Section I.B.3.e. of the

construction general permit that their storm

water discharges, and BMPs constructed to

control storm water runoff, are not likely, and

will not be likely to adversely affect species

identified in Appendix C of this permit. The

species list can be found in the March 31,

1998 Federal Register notice (63 FR 15621)

or at the following web site: http://

www.epa.gov/owm/esalst2.htm

To do this, please follow steps 1 through 4

below.

Step 1: Review the County Species List

Below to Determine if Any Species are

Located in the Discharging Facility County

If the facility is within one (1) mile of the

county line, a review of the bordering

county’s list must be made a well to

determine the presence of species. If no

species are listed in a facility’s county, or

adjacent county as mentioned in the previous

sentence, or if a facility’s county is not found

on the list, an applicant is eligible for

construction general permit coverage and

may indicate in the NOI that no species are

found in proximity and provide the

necessary certification. If species are located

in the county, or in the adjacent county as

mentioned above, follow step 2 below. Where

a facility is located in more than one county,

the lists for all counties should be reviewed.

Step 2: Determine if any Species May Be

Found ‘‘In Proximity’’ to the Facility

A species is in proximity to a facility’s

storm water discharge when the species is:

• Located in the path or immediate area

through which or over which contaminated

point source storm water flows from

industrial activities to the point of discharge

into the receiving water.

• Located in the immediate vicinity of, or

nearby, the point of discharge into receiving

waters.

• Located in the area of a site where storm

water BMPs are planned or are to be

constructed.

The area in proximity to be searched/

surveyed for listed species will vary with the

size of the facility, the nature and quantity

of the storm water discharges, and the type

of receiving waters. Given the number of

facilities potentially covered by the

construction general permit, no specific

method to determine whether species are in

proximity is required for permit coverage

under the construction general permit.

Instead, applicants should use the method or

methods which best allow them to determine

to the best of their knowledge whether

species are in

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25127

proximity to their particular facility. These

methods may include:

• Conducting visual inspections: This

method may be particularly suitable for

facilities that are smaller in size, facilities

located in non-natural settings such as highly

urbanized areas or industrial parks where

there is little or no nature habitat; and

facilities that discharge directly into

municipal storm water collection systems.

For other facilities, a visual survey of the

facility site and storm water drainage areas

may be insufficient to determine whether

species are likely to be located in proximity

to the discharge.

• Contacting the nearest State Wildlife

Agency or U.S. Fish and Wildlife Service

(FWS) or National Marine Fisheries Service

(NMFS) offices. Many endangered and

threatened species are found in well-defined

areas or habitats. That information is

frequently known to state or federal wildlife

agencies. FWS has offices in every state.

NMFS has a regional office in St. Petersburg,

Florida.

• Contacting local/regional conservation

groups. These groups inventory species and

their locations and maintain lists of sightings

and habitats.

• Conducting a formal biological survey.

Larger facilities with extensive storm water

discharges may choose to conduct biological

surveys as the most effective way to assess

whether species are located in proximity and

whether there are likely adverse effects.

If no species are in proximity, an applicant

is eligible for construction general permit

coverage and may indicate that in the NOI

and provide the necessary certification. If

listed species are found in proximity to a

facility, applicants must follow step 3 below.

Step 3: Determine if Species Could be

Adversely Affected by the Facility’s Storm

Water Discharges or by BMPS to Control

Those Discharges

Scope of Adverse Effects: Potential adverse

effects from storm water include:

• Hydrological. Storm water may cause

siltation, sedimentation or induce other

changes in the receiving waters such as

temperature, salinity or pH. These effects

will vary with the amount of storm water

discharged and the volume and condition of

the receiving water. Where a storm water

discharge constitutes a minute portion of the

total volume of the receiving water, adverse

hydrological effects are less likely.

• Habitat. Storm water may drain or

inundate listed species habitat.

• Toxicity. In some cases, pollutants in

storm water may have toxic effects on listed

species.

The scope of effects to consider will vary

with each site. Applicants must also consider

the likelihood of adverse effects on species

from any BMPs to control storm water. Most

adverse impacts from BMPs are likely to

occur from the construction activities.

Using earlier ESA authorizations for

construction general permit eligibility: In

some cases, a facility may be eligible for

construction general permit coverage because

actual or potential adverse affects were

addressed or discounted through an earlier

ESA authorization. Examples of such

authorization include:

• An earlier ESA section 7 consultation for

that facility.

• A section 10(a) permit issued for the

facility.

• An area-wide Habitat Conservation Plan

applicable to that facility.

• A clearance letter from the Services

(which discounts the possibility of an

adverse impacts from the facility).

In order for applicants to use an earlier

ESA authorization to meet eligibility

requirements: (1) The authorization must

adequately address impacts for storm water

discharges and BMPs from the facility on

endangered and threatened species, (2) it

must be current because there have been no

subsequent changes in facility operations or

circumstances which might impact species in

ways not considered in the earlier

authorization, and (3) the applicant must

comply with any requirements from those

authorizations to avoid or mitigate adverse

effects to species. Applicants who wish to

pursue this approach should carefully review

documentation for those authorizations

ensure that the above conditions are met.

If adverse effects are not likely, an

applicant is eligible for construction general

permit coverage and may indicate in the NOI

that species are found in proximity and

provide the necessary certification. If adverse

effects are likely, follow step 4 below.

Step 4: Determine if Measures Can be

Implemented to Avoid any Adverse Effects

If an applicant determines that adverse

effects are likely, it can receive coverage if

appropriate measures are undertaken to

avoid or eliminate any actual or potential

adverse affects prior to applying for permit

coverage. These measures may involve

relatively simple changes to facility

operations such as re-routing a storm water

discharge to bypass an area where species are

located.

At this stage, applicants may wish to

contact the FWS and/or NMFS to see what

appropriate measures might be suitable to

avoid or eliminate adverse impacts to

species.

If applicants adopt these measures, they

must continue to abide by them during the

course of permit coverage.

If appropriate measures are not available,

the applicant is not eligible at that time for

coverage under the construction general

permit. Applicants should contact the

appropriate EPA regional office about either:

• Entering into Section 7 consultation in

order to obtain construction general permit

coverage, or

• Obtaining an individual NPDES storm

water permit.

Appendix D—Discharging to Impaired

Waters Guidance

I. Instructions

For Facilities in Florida

In order to get coverage under this NPDES

permit for storm water discharges from

construction sites, applicants must determine

if the facility discharges to waters listed on

the EPA approved 303(d) list for impairment

due to Total Suspended Solids.

For Facilities on Indian Country Lands

In order to get coverage under this NPDES

permit for storm water discharges from

construction sites, applicants must determine

if the facility discharges to waters impaired

for either TSS, turbidity, silt or sediment. It

is incumbent upon the applicant to contact

the Environmental Coordinator of the Tribe

on whose lands the discharge occurs if you

are unsure whether or not the facility will be

discharging to impaired waters for either of

the above referenced parameters.

Next Steps

For all facilities, if the determination is

made that you will be discharging waters

impaired because of either TSS, turbidity, silt

or sediment, the facility must comply with

the terms and conditions of Part III.C. of the

permit.

25128 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

APPENDIX E—EPA APPROVED 303(D) LIST

HUC name Water segment MAPID WBID Parameters of concern

ALAFIA RIVER .................................. TURKEY CK AB LTL ALAFI ............ 24 1578B Coliforms, Nutrients, Turbidity.

ALAFIA RIVER .................................. POLEY CREEK ................................ 25 1583 Coliforms, Nutrients, Turbidity.

APALACHICOLA RIVER ................... APALACHICOLA RIVER .................. 10 375D Turbidity.

APALACHICOLA RIVER ................... GREGORY MILL CREEK ................. 13 1135 Dissolved Oxygen, Nutrients, Turbidity, Total Suspended Solids.

APALACHICOLA RIVER ................... EQUILOXIC CREEK ......................... 14 1109A Dissolved Oxygen, Turbidity, Mercury (Based on Fish Consumption

Advisory).

APALACHICOLA RIVER ................... LITTLE GULLY CREEK ................... 15 1039 Coliforms, Dissolved Oxygen, Turbidity.

APALACHICOLA RIVER ................... FLAT CREEK ................................... 26 487 Coliforms, Nutrients, Turbidity, Total

Suspended Solids.

BLACKWATER RIVER ..................... BLACKWATER RIVER ..................... 4 24A Total Suspended Solids, Coliforms,

Mercury (Based on Fish Consumption Advisory).

BLACKWATER RIVER ..................... EAST FORK ..................................... 53 18A Coliforms, Total Suspended Solids.

BLACKWATER RIVER ..................... MANNING CREEK ........................... 59 127 Coliforms, Turbidity, Total Suspended Solids.

BLACKWATER RIVER ..................... MARE CREEK .................................. 79 88 Dissolved Oxygen, Turbidity.

BLACKWATER RIVER ..................... BIG JUNIPER CREEK ..................... 84 19 Coliforms, Turbidity.

BLACKWATER RIVER ..................... BIG COLDWATER CREEK .............. 96 18 Coliforms, Total Suspended Solids.

CHARLOTTE HARBOR .................... NO. PRONG ALLIGATOR CR ......... 30 2071 Dissolved Oxygen, Coliforms, Turbidity.

CHIPOLA RIVER .............................. CHIPOLA RIVER (Dead Lakes) ....... 1 51A Coliforms, Turbidity, Mercury (Based

on Fish Consumption Advisory).

CHOCTAWHATC HEE BAY ............. CHOCTAWHATC HEE BAY AB C ... 24 78C Biochemical Oxygen. Demand, Coliforms, Nutrients, Turbidity, Total

Suspended Solids, Mercury

(Based on Fish Consumption Advisory).

CHOCTAWHATC HEE RIVER ......... CHOCTAWHATC HEE RIVER ......... 0 49E Coliforms, Turbidity, Total Suspended Solids.

CHOCTAWHATC HEE RIVER ......... BRUCE CREEK ................................ 11 343 Coliforms, Turbidity.

CHOCTAWHATC HEE RIVER ......... CHOCTAWHATC HEE RIVER ......... 14 49 Coliforms, Turbidity, Total Suspended Solids, Mercury (Based on

Fish Consumption Advisory).

CHOCTAWHATC HEE RIVER ......... CAMP BRANCH ............................... 21 251 Coliforms, Nutrients, Turbidity.

CHOCTAWHATC HEE RIVER ......... CHOCTAWHATC HEE RIVER ......... 24 49F Coliforms, Nutrients, Total Suspended Solids, Turbidity, Mercury

(Based on Fish Consumption Advisory).

CHOCTAWHATC HEE RIVER ......... ALLIGATOR CREEK ........................ 26 123 Coliforms, Biological Oxygen Demand, Dissolved Oxygen, Nutrients, Turbidity

CHOCTAWHATC HEE RIVER ......... SIKES CREEK .................................. 27 142 Coliforms, Dissolved Oxygen, Total

Suspended Solids, Turbidity.

CHOCTAWHATC HEE RIVER ......... FISH BRANCH ................................. 28 130 Coliforms, Dissolved Oxygen, Total

Suspended Solids, Turbidity.

CRYSTAL RIVER TO ST. PETE ...... ST JOE CREEK ............................... 6 1668A Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids, Biochemical Oxygen Demand.

CRYSTAL RIVER TO ST. PETE ...... BONN CREEK .................................. 8 1668B Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Biochemical Oxygen Demand.

ECONFINA-FENH OLLOWAY .......... ROCKY CREEK ............................... 0 3489 Turbidity, Coliforms.

ECONFINA-FENH OLLOWAY .......... FENHOLLOWAY BL PULP .............. 14 3473B Dissolved Oxygen, Nutrients, Total

Suspended Solids, Un-ionized

Ammonia, Biochemical Oxygen

Demand, Mercury (Based on Fish

Consumption Advisory).

ESCAMBIA RIVER ............................ SCAMBIA RIVER ............................. 2 10F Coliforms, Total Suspended Solids,

Turbidity, Mercury (Based on Fish

Consumption Advisory).

ESCAMBIA RIVER ............................ ESCAMBIA RIVER ........................... 4 10E Coliforms, Dissolved Oxygen, Turbidity, Mercury (Based on Fish

Consumption Advisory).

ESCAMBIA RIVER ............................ ESCAMBIA RIVER ........................... 6 10D Coliforms, Total Suspended Solids,

Turbidity, Mercury (Based on Fish

Consumption Advisory).

ESCAMBIA RIVER ............................ PINE BARREN CREEK .................... 28 5 Coliforms, Turbidity.

ESCAMBIA RIVER ............................ LITTLE PINE BARREN CR .............. 31 87 Coliforms, Turbidity.

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25129

APPENDIX E—EPA APPROVED 303(D) LIST—Continued

HUC name Water segment MAPID WBID Parameters of concern

ESCAMBIA RIVER ............................ ESCAMBIA RIVER ........................... 42 10C Coliforms, Total Suspended Solids,

Turbidity, Mercury (Based on Fish

Consumption Advisory).

ESCAMBIA RIVER ............................ BIG ESCAMBIA CREEK .................. 43 10 Coliforms, Total Suspended Solids,

Turbidity.

HILLSBOROUGH RIVER .................. TWO HOLE BRANCH ...................... 0 1489 Nutrients, Turbidity, Biochemical Oxygen Demand, Coliforms.

HILLSBOROUGH RIVER .................. SPARKMAN BRANCH ..................... 2 1561 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

HILLSBOROUGH RIVER .................. HILLSBOROUGH RIVER ................. 5 1443 A Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids,

Mercury (Based on Fish Consumption Advisory).

HILLSBOROUGH RIVER .................. BAKER CREEK ................................ 10 1522C Dissolved Oxygen, Coliforms, Lead,

Nutrients, Turbidity.

HILLSBOROUGH RIVER .................. COW HOUSE CREEK ..................... 17 1534 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

HILLSBOROUGH RIVER .................. FLINT CREEK .................................. 18 1522A Dissolved Oxygen, Coliforms, Lead,

Nutrients, Turbidity, Biochemical

Oxygen Demand.

HILLSBOROUGH RIVER .................. BLACKWATER CREEK ................... 27 1482 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Biochemical Oxygen Demand

HILLSBOROUGH RIVER .................. BIG DITCH ....................................... 30 1469 Coliforms, Nutrients, Turbidity.

HILLSBOROUGH RIVER .................. NEW RIVER ..................................... 38 1442 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

INDIAN RIVER, SOUTH ................... FELSMERE CANAL ......................... 20 3136 Dissolved Oxygen, Nutrients, Total

Suspended Solids.

INDIAN RIVER, SOUTH ................... NO. PRONG SEBASTIAN R ............ 26 3128 Dissolved Oxygen, Copper, Nutrients, Turbidity, Total Suspended

Solids.

KISSIMMEE RIVER .......................... LAKE KISSIMMEE NORTH ............. 47 3183A Nutrients, Turbidity, Mercury (Based

on Fish Consumption Advisory).

KISSIMMEE RIVER .......................... DEAD RIVER .................................... 55 1472C Nutrients, Turbidity.

KISSIMMEE RIVER .......................... CANOE CREEK ............................... 56 3181 Turbidity.

KISSIMMEE RIVER .......................... REEDY CREEK ................................ 58 3170A Nutrients, Turbidity.

KISSIMMEE RIVER .......................... REEDY CREEK ................................ 66 3170C Dissolved Oxygen, Nutrients, Turbidity, Coliforms.

KISSIMMEE RIVER .......................... BONNET CREEK ............................. 73 3170D Nutrients, Turbidity.

KISSIMMEE RIVER .......................... SHINGLE CREEK ............................ 75 3169A Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Biochemical Oxygen Demand.

MANATEE RIVER ............................. CEDAR CREEK ................................ 3 1926 Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids.

MANATEE RIVER ............................. BRADEN RIVER AB WARD L ......... 5 1914 Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids.

MANATEE RIVER ............................. UNNAMED STREAM ....................... 8 1913 Dissolved Oxygen, Coliforms, Total

Suspended Solids.

MANATEE RIVER ............................. GAMBLE CREEK ............................. 35 1819 Dissolved Oxygen, Coliforms, Turbidity, Nutrients.

MYAKKA RIVER ............................... MYAKKA RIVER ............................... 44 1981B Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids.

MYAKKA RIVER ............................... MUD LAKE SLOUGH ....................... 46 1958 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

MYAKKA RIVER ............................... OWEN CREEK ................................. 60 1933 Dissolved Oxygen, Coliforms, Turbidity, Nutrients, Total Suspended

Solids.

NASSAU RIVER ............................... LITTLE MILL CREEK ....................... 0 2157 Turbidity, Coliforms, Nutrients.

NASSAU RIVER ............................... NASSAU RIVER ............................... 11 2148B Dissolved Oxygen, Nutrients, Turbidity, Total Suspended Solids,

Coliforms.

NASSAU RIVER ............................... PLUMMER CREEK .......................... 16 2130 Nutrients, Turbidity, Dissolved Oxygen, Coliforms.

OCHLOCKONEE RIVER .................. OCHLOCKONEE RIVER .................. 9 1297B Dissolved Oxygen, Coliforms, Nutrients, Turbidity.

OCHLOCKONEE RIVER .................. MEGGINNIS ARM RUN ................... 33 809 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen Demand, Dissolved Oxygen.

25130 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

APPENDIX E—EPA APPROVED 303(D) LIST—Continued

HUC name Water segment MAPID WBID Parameters of concern

OCHLOCKONEE RIVER .................. HARBINWOOD ESTATES DN ......... 46 746 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen Demand.

OCHLOCKONEE RIVER .................. LITTLE RIVER .................................. 51 424 Coliforms, Nutrients, Turbidity, Total

Suspended Solids.

OCHLOCKONEE RIVER .................. JUNIPER CREEK ............................. 60 682 Coliforms, Nutrients, Turbidity.

OCHLOCKONEE RIVER .................. OCHLOCKONEE RIVER .................. 88 1297F Coliforms, Nutrients, Turbidity, Mercury (Based on Fish Consumption

Advisory).

OCHLOCKONEE RIVER .................. SWAMP CREEK ............................... 94 427 Coliforms, Nutrients, Turbidity, Total

Suspended Solids.

OKLAWAHA RIVER .......................... DORA CANAL .................................. 0 2772 Nutrients, Turbidity, Biochemical Oxygen Demand.

OKLAWAHA RIVER .......................... APOPKA MARSH ............................. 22 2856 Dissolved Oxygen, Nutrients, Turbidity, Un-ionized Ammonia.

OKLAWAHA RIVER .......................... LAKE APOPKA OUTLET ................. 25 2835A Dissolved Oxygen, Nutrients, Turbidity, Total Suspended Solids,

Biochemical Oxygen.

OKLAWAHA RIVER .......................... HELENA RUN .................................. 33 2832 Dissolved Oxygen, Nutrients, Turbidity, Un-ionized Ammonia, Total

Suspended.

OKLAWAHA RIVER .......................... HAYNES CREEK REACH ................ 43 2817A Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids,

OKLAWAHA RIVER .......................... NONCONTRIBUTING AREA ........... 45 2809 Dissolved Oxygen, Nutrients, Turbidity.

OKLAWAHA RIVER .......................... IRRIGATED FARM ........................... 47 2811 Dissolved Oxygen, Nutrients, Turbidity.

OKLAWAHA RIVER .......................... OKLAWAHA RIV AB DAISY ............ 68 2740D Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Biochemical Oxygen.

OKLAWAHA RIVER .......................... DAISY CREEK ................................. 90 2769 Dissolved Oxygen, Nutrients, Turbidity, Coliforms, Iron.

OKLAWAHA RIVER .......................... OKLAWAHA R/SUNNYHILL ............ 111 2740F Dissolved Oxygen, Nutrients,

............................................................ ........................................................... .................... .................... Turbidity, Total Suspended Solids,

Biochemical Oxygen Demand,

Coliforms.

OKLAWAHA RIVER .......................... CROSS CREEK ............................... 112 2754 Dissolved Oxygen, Nutrients, Total

Suspended Solids, Biochemical

Oxygen Demand.

PEACE RIVER .................................. PRAIRIE CREEK .............................. 20 1962 Dissolved Oxygen, Nutrients, Turbidity.

PEACE RIVER .................................. PEACE R AB JOSHUA CK .............. 30 1623C Dissolved Oxygen, Nutrients, Total

Suspended Solids, Mercury

(Based on Fish Consumption Advisory).

PEACE RIVER .................................. LIMESTONE CREEK ....................... 37 1921 Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids.

PEACE RIVER .................................. PEACE R AB CHARLIE CK ............. 39 1623D Coliforms, Nutrients, Turbidity, Total

Suspended Solids, Mercury

(Based on Fish Consumption Advisory).

PEACE RIVER .................................. PEACE R AB OAK CK ..................... 41 1623E Nutrients, Turbidity, Total Suspended Solids, Mercury (Based on

Fish Consumption Advisory).

PEACE RIVER .................................. WHIDDEN CREEK ........................... 61 1751 Nutrients, Turbidity, Total Suspended Solids, Dissolved Oxygen.

PEACE RIVER .................................. PEACE R AB BOWLEGS CK .......... 66 1623J Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

PEACE RIVER .................................. PEACE CR TRIB CANAL ................. 68 1613 Dissolved Oxygen, Coliforms, Nutrients, Turbidity. Total Suspended

Solids,

PEACE RIVER .................................. WEST WALES DRAINAGE CA ....... 71 1626 Dissolved Oxygen, Nutrients, Turbidity.

PEACE RIVER .................................. SADDLE CK BE L HANCOCK ......... 74 1623K Dissolved Oxygen, Coliforms, Unionized Ammonia, Nutrients, Turbidity, Total

PEACE RIVER .................................. WAHNETA FARMS DRAIN CANAL 81 1580 Dissolved Oxygen, Coliforms, Nutrients, Turbidity.

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25131

APPENDIX E—EPA APPROVED 303(D) LIST—Continued

HUC name Water segment MAPID WBID Parameters of concern

PEACE RIVER .................................. BANANA LAKE CANAL ................... 92 1549A Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

PEACE RIVER .................................. LAKE LENA RUN ............................. 96 1501A Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

PEACE RIVER .................................. PEACE CREEK DR CANAL ............ 97 1539 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids,

PENSACOLA BAY ............................ PENSACOLA BAY ........................... 2 548E Copper, Lead, Biological Oxygen

Demand, Nutrients, Turbidity,

Total Suspended.

PENSACOLA BAY ............................ JONES CREEK ................................ 8 846A Coliforms, Dissolved Oxygen, Nutrients, Turbidity.

PENSACOLA BAY ............................ JACKSON CREEK ........................... 14 846B Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids,

Turbidity.

PENSACOLA BAY ............................ EAST RIVER BAY ............................ 18 701 Coliforms, Turbidity.

PENSACOLA BAY ............................ ESCAMBIA BAY (S) ......................... 23 548B Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids,

Turbidity.

PENSACOLA BAY ............................ ESCAMBIA BAY ............................... 36 548A Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids,

Turbidity.

PENSACOLA BAY ............................ PACE MILL CREEK ......................... 46 420 Coliforms, Dissolved Oxygen, Total

Suspended Solids, Turbidity.

PERDIDO BAY .................................. EIGHTMILE CREEK ......................... 21 624 Coliforms, Turbidity.

PERDIDO BAY .................................. ELEVENMILE CREEK ...................... 22 489 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen Demand, Dissolved Oxygen,

Coliforms, Un-ionized Ammonia.

PERDIDO RIVER .............................. JACKS BRANCH .............................. 11 291 Coliforms, Dissolved Oxygen, Turbidity.

PERDIDO RIVER .............................. BRUSHY CREEK ............................. 36 4 Coliforms, Dissolved Oxygen, Total

Suspended Solids, Turbidity.

SARASOTA BAY .............................. CLOWERS CREEK .......................... 41 1975A Nutrients, Turbidity, Coliforms.

SOUTHEAST FLORIDA COAST ...... E. HOLLOWAY CANAL .................... 48 3277B Nutrients, Dissolved Oxygen, Total

Suspended Solids, Biochemical

Oxygen Demand, Coliforms.

SOUTHEAST FLORIDA COAST ...... S–7 ................................................... 70 3263 Dissolved Oxygen, Mercury, Nutrients, Turbidity, Mercury (Based on

Fish Consumption Advisory).

SOUTHEAST FLORIDA COAST ...... WCA1 NORTH SECTOR ................. 83 3252C Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids.

SOUTHEAST FLORIDA COAST ...... CANAL E–4 ...................................... 93 3256D Coliforms, Turbidity, Nutrients.

SOUTHEAST FLORIDA COAST ...... N. NEW RIVER CANAL ................... 94 3248 Dissolved Oxygen, Nutrients, Turbidity, Total Suspended Solids,

Mercury (Based on Fish Consumption Advisory).

SOUTHEAST FLORIDA COAST ...... HILSSBORO CANAL ........................ 95 3248A Dissolved Oxygen, Coliforms, Unionized Ammonia, Nutrients, Turbidity.

SOUTHEAST FLORIDA COAST ...... S–3 ................................................... 96 3251 Dissolved Oxygen, Nutrients, Turbidity, Mercury (Based on Fish

Consumption Advisory).

SOUTHEAST FLORIDA COAST ...... WEST PALM BEACH CANAL .......... 102 3238 Dissolved Oxygen, Coliforms, Unionized Ammonia, Nutrients, Turbidity, Total Suspended Solids,

Mercury (Based on Fish Consumption Advisory).

SOUTHEAST FLORIDA COAST ...... 715 FARMS ...................................... 106 3247 Dissolved Oxygen, Un-ionized Ammonia, Nutrients, Turbidity, Total

Suspended Solids.

SOUTHEAST FLORIDA COAST ...... EAST BEACH ................................... 109 3244 Dissolved Oxygen, Un-ionized Ammonia, Nutrients, Turbidity, Total

Suspended Solids.

SOUTHEAST FLORIDA COAST ...... L–8 .................................................... 111 3233 Dissolved Oxygen, Nutrients, Turbidity, Mercury (Based on Fish

Consumption Advisory).

SOUTHEAST FLORIDA COAST ...... SOUTH FORK ST. LUCIE ............... 133 3210B Dissolved Oxygen, Nutrients, Total

Suspended Solids, Biochemical

Oxygen Demand, Coliforms.

25132 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

APPENDIX E—EPA APPROVED 303(D) LIST—Continued

HUC name Water segment MAPID WBID Parameters of concern

ST JOHNS RIVER, LOWER ............. MILL BRANCH ................................. 25 2592 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Biochemical Oxygen Demand.

ST JOHNS RIVER, LOWER ............. WEST RUN INTERCEPTER D ........ 28 2569 Dissolved Oxygen, Iron, Silver, Nutrients, Turbidity, Total Suspended

Solids, Biochemical Oxygen Demand.

ST JOHNS RIVER, LOWER ............. DOG BRANCH ................................. 34 2578 Dissolved Oxygen, Nutrients, Turbidity, Lead.

ST JOHNS RIVER, LOWER ............. RICE CREEK .................................... 36 2567A Dissolved Oxygen, Iron, Lead, Cadmium, Silver, Nutrients, Turbidity,

Total Suspended Solids, Biochemical Oxygen Demand.

ST JOHNS RIVER, LOWER ............. MILL CREEK .................................... 77 2460 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Iron.

ST JOHNS RIVER, LOWER ............. STJ RIV AB TROUT RIV ................. 87 2213D Coliforms, Nutrients, Turbidity, Total

Suspended Solids.

ST JOHNS RIVER, LOWER ............. SWIMMING PEN CREEK ................ 94 2410 Nutrients, Lead, Cadmium, Silver,

Zinc, Total Suspended Solids.

ST JOHNS RIVER, LOWER ............. GROG BRANCH .............................. 96 2407 Dissolved Oxygen, Coliforms, Turbidity, Iron, Total Suspended Solids.

ST JOHNS RIVER, LOWER ............. JULINGTON CREEK ........................ 115 2351 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Total Suspended

Solids.

ST JOHNS RIVER, LOWER ............. GOODBYS CREEK .......................... 138 2326 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen.

ST JOHNS RIVER, LOWER ............. FISHING CREEK .............................. 145 2324 Dissolved Oxygen, Copper, Nutrients, Turbidity, Total Suspended

Solids.

ST JOHNS RIVER, LOWER ............. BUTCHER PEN CREEK .................. 151 2322 Coliforms, Copper, Nutrients, Turbidity, Total Suspended Solids,

Dissolved Oxygen.

ST JOHNS RIVER, LOWER ............. POTTSBURG CREEK ...................... 170 2265B Coliforms, Nutrients, Copper, Turbidity.

ST JOHNS RIVER, LOWER ............. WILLS BRANCH ............................... 178 2282 Copper, Nutrients, Turbidity, Total

Suspended Solids, Dissolved Oxygen, Coliforms.

ST JOHNS RIVER, LOWER ............. CEDAR RIVER ................................. 181 2262 Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Lead, Zinc, Copper.

ST JOHNS RIVER, LOWER ............. MCCOY CREEK ............................... 182 2262A Lead, Copper, Zinc, Nutrients, Total

Suspended Solids.

ST JOHNS RIVER, LOWER ............. STJ RIV AB ICWW ........................... 211 2213B Coliforms, Turbidity, Total Suspended Solids.

ST JOHNS RIVER, LOWER ............. STJ RIV AB DAMES PT .................. 212 2213C Nutrients, Turbidity, Total Suspended Solids.

ST JOHNS RIVER, LOWER ............. ORTEGA RIVER .............................. 221 2213P Nutrients, Coliforms, Lead, Copper,

Total Suspended Solids, Dissolved Oxygen.

ST JOHNS RIVER, LOWER ............. STJ RIV AB MOUTH ........................ 224 2213A Fluoride, Total Suspended Solids.

ST JOHNS RIVER, LOWER ............. LITTLE TROUT RIVER .................... 236 2206 Nutrients, Total Suspended Solids.

ST JOHNS RIVER, UPPER .............. DRAINED FARMLAND ..................... 19 3140 Dissolved Oxygen, Nutrients, Turbidity.

ST JOHNS RIVER, UPPER .............. STJ RIV AB LK WASHINGT ............ 33 2893P Dissolved Oxygen, Iron, Lead, Nutrients, Turbidity, Mercury (Based on

Fish Consumption Advisory).

ST JOHNS RIVER, UPPER .............. STJ RIV AB LK POINSETT ............. 40 2893L Dissolved Oxygen, Nutrients, Turbidity, Mercury (Based on Fish

Consumption Advisory).

ST JOHNS RIVER, UPPER .............. LONG BRANCH ............................... 52 3030 Dissolved Oxygen, Coliforms, Iron,

Nutrients, Biochemical Oxygen

Demand, Turbidity.

ST JOHNS RIVER, UPPER .............. RAVENNA PARK DITCHES ............. 108 2962 Dissolved Oxygen, Coliforms, Nutrients, Iron, Turbidity.

ST JOHNS RIVER, UPPER .............. STJ RIV AB WEKIVA R ................... 113 2893C Dissolved Oxygen, Lead, Nutrients,

Total Suspended Solids, Biochemical Oxygen Demand.

ST JOHNS RIVER, UPPER .............. STJ RIV AB LAKE GEORGE ........... 123 2893Z Dissolved Oxygen, Nutrients, Total

Suspended Solids.

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25133

APPENDIX E—EPA APPROVED 303(D) LIST—Continued

HUC name Water segment MAPID WBID Parameters of concern

ST MARKS RIVER ............................ MUNSON SLOUGH (ABOVE LAKE) 15 807D Dissolved Oxygen, Coliforms, Nutrients, Turbidity.

ST MARKS RIVER ............................ EAST DRAINAGE DITCH ................ 23 916 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen Demand, Coliforms.

ST MARKS RIVER ............................ ST AUGUSTINE BRANCH ............... 28 865 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen Demand, Coliforms.

ST MARKS RIVER ............................ CENTRAL DRAINAGE DITCH ......... 30 857 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen Demand, Chemical Oxygen

Demand, Coliforms.

ST MARKS RIVER ............................ LAKE LAFAYETTE ........................... 31 756 Nutrients, Coliforms, Turbidity.

ST MARKS RIVER ............................ GODBY DITCH ................................. 36 820 Nutrients, Turbidity, Total Suspended Solids, Biochemical Oxygen Demand.

ST MARYS RIVER ............................ ST. MARYS RIVER .......................... 19 2097C Dissolved Oxygen, Nutrients, Total

Suspended Solids, Coliforms.

SUWANNEE RIVER, UPPER ........... ROARING CREEK ........................... 9 3392 Dissolved Oxygen, Nutrients, Total

Suspended Solids, Turbidity.

SUWANNEE RIVER, UPPER ........... SWIFT CREEK ................................. 15 3375 Dissolved Oxygen, Nutrients, Total

Suspended Solids.

TAMPA BAY ...................................... DELANEY CREEK ........................... 34 1605 Dissolved Oxygen, Coliforms, Lead,

Nutrients, Turbidity, Biochemical

Oxygen Demand.

TAMPA BAY ...................................... YBOR CITY DRAIN .......................... 39 1584A Nutrients, Total Suspended Solids,

Biochemical Oxygen Demand,

Chemical Oxygen Demand.

TAMPA BAY ...................................... DIRECT RUNOFF TO BAY .............. 42 1603 Nutrients, Total Suspended Solids,

Biochemical Oxygen Demand,

Chemical Oxygen Demand.

TAMPA BAY ...................................... SIXMILE CREEK .............................. 48 1536B Dissolved Oxygen, Coliforms, Nutrients, Turbidity, Biochemical Oxygen Demand.

TAMPA BAY ...................................... ROCKY CREEK ............................... 60 1507 Dissolved Oxygen, Coliforms, Nutrients, Total Suspended Solids.

TAYLOR CREEK .............................. CHANDLER HAMMOCK SLOUGH .. 6 3199B Nutrients, Turbidity, Dissolved Oxygen.

TAYLOR CREEK .............................. TAYLOR CR ..................................... 7 3205 Dissolved Oxygen, Nutrients, Turbidity.

WITHLACOOCHEE RIVER NORTH JUMPING GULLY CREEK ............... 0 3318 Dissolved Oxygen, Nutrients, Turbidity.

WITHLACOOCHEE RIVER NORTH WITHLACOOCHEE RIVER .............. 2 3315 Dissolved Oxygen, Nutrients, Turbidity, Mercury (Based on Fish

Consumption Advisory).

YELLOW RIVER ............................... YELLOW RIVER ............................... 1 30A Dissolved Oxygen, Turbidity, Mercury (Based on Fish Consumption

Advisory).

YELLOW RIVER ............................... TURKEY CREEK .............................. 14 117 Coliforms, Turbidity.

YELLOW RIVER ............................... YELLOW RIVER ............................... 21 30 Coliforms, Turbidity, Mercury (Based

on Fish Consumption Advisory).

Final Modification of the NPDES

General Permit for Storm Water

Discharges From Construction

Activities Preface

Table of Contents

I. Coverage Under This Permit

II. Notice of Intent Requirements

III. Special Conditions, Management

Practices, and Other Non-Numeric

Limitations

IV. Unpaved Rural Roads

V. Storm Water Pollution Prevention Plans

VI. Retention of Records

VII. Standard Permit Conditions

VIII. Reopener Clause

IX. Termination of Coverage

X. Definitions

The Clean Water Act (CWA) provides

that storm water discharges associated

with industrial activity from a point

source (including discharges through a

municipal separate storm sewer system)

to waters of the United States are

unlawful, unless authorized by a

National Pollutant Discharge

Elimination System (NPDES) permit.

The terms ‘‘storm water discharge

associated with industrial activity’’,

‘‘point source’’ and ‘‘waters of the

United States’’ are critical to

determining whether a facility is subject

to this requirement. Complete

definitions of these terms are found in

the definition section (Part X) of this

permit. The following modifies the

previously issued NPDES general permit

for the discharges of storm water from

construction activities.

Part I. Coverage Under This Permit

A. Permit Area

The permit, except the parts listed

below, covers all areas administered by

Region 4:

All Indian Country Lands within the

State of Alabama, except Part IV and

25134 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

Part V.D.2.a.(1), NPDES Permit No.

ALR10*##I

State of Florida, excluding Indian lands,

NPDES Permit No. FLR10*###

All Indian Country Lands within the

State of Florida, except Part IV and

Part V.D.2.a.(1), NPDES Permit No.

FLR10*##I

All Indian Country Lands within the

State of Mississippi, except Part IV

and Part V.D.2.a.(1), NPDES Permit

No. MSR10*##I

All Indian Country Lands within the

State of North Carolina, except Part IV

and Part V.D.2.a.(1), NPDES Permit

No. NCR10*##I

B. Eligibility

1. This permit may authorize all

discharges identified in the pollution

prevention plan of storm water

associated with industrial activity from

construction sites (those sites or

common plans of development or sale,

including unpaved roads, that will

result in the disturbance of five or more

acres total land area or less than five

acres if the Director designates the site

under Section 402(p)(2)(e) of the CWA;

henceforth referred to as storm water

discharges from construction activities)

occurring after the effective date of this

permit (including discharges occurring

after the effective date of this permit

where the construction activity was

initiated before the effective date of this

permit), except for discharges identified

under paragraph I.B.3.

2. This permit may authorize storm

water discharges from construction sites

that are mixed with storm water

discharges associated with industrial

activity from industrial sources other

than construction, where:

a. The industrial source other than

construction is located on the same site

as the construction activity;

b. Storm water discharges associated

with industrial activity from the areas of

the site where construction activities are

occurring are in compliance with the

terms of this permit; and

c. Storm water discharges associated

with industrial activity from the areas of

the site where industrial activities other

than construction are occurring

(including storm water discharges from

dedicated asphalt plants and dedicated

concrete plants at the construction site)

are in compliance with the terms,

including applicable NOI or application

requirements, of a different NPDES

general permit or individual permit

authorizing such discharges.

3. Limitations on Coverage. The

following storm water discharges from

construction sites are not authorized by

this permit:

a. Storm water discharges associated

with industrial activity that originate

from the site after construction activities

have been completed and the site has

undergone final stabilization;

b. Discharges that are mixed with

sources of non-storm water, other than

discharges identified in Part III.A of this

permit which are in compliance with

Part V.D.5 (non-storm water discharges)

of this permit;

c. Storm water discharges associated

with construction activities that are

subject to an existing NPDES individual

or general permit or which are issued a

permit in accordance with paragraph

VII.N (requiring an individual permit or

an alternative general permit) of this

permit. Such discharges may be

authorized under this permit after an

existing permit expires, provided the

existing permit did not establish

numeric limitations for such discharges;

d. Storm water discharges from

construction sites that the Director

(EPA) has determined to be or may

reasonably be expected to be causing or

contributing to a violation of a water

quality standard;

e. Storm water discharges from

construction sites if the discharges may

adversely affect a listed or proposed to

be listed endangered or threatened

species or its critical habitat;

(1) All applicants must follow the

procedures provided at Appendix C of

this permit when applying for permit

coverage.

(2) A discharge of storm water

associated with construction activity

may be covered under this permit only

if the applicant certifies that they meet

at least one of the following criteria.

Failure to continue to meet one of these

criteria during the term of the permit

will result in the storm water discharges

associated with construction ineligible

for coverage under this permit.

(a) The storm water discharge(s), and

the construction and implementation of

Best Management Practices (BMPs) to

control storm water runoff, are not

likely to adversely affect species

identified in Appendix C of this permit

or critical habitat for a listed species; or

(b) The applicant’s activity has

received previous authorization under

Section 7 or section 10 of the

Endangered Species Act and that

authorization addressed storm water

discharges and/or BMPS to control

storm water runoff (e.g., developer

included impact of entire project in

consultation over a wetlands dredge and

fill permit under Section 7 of the

Endangered Species Act); or

(c) The applicant’s activity was

considered as part of a larger, more

comprehensive assessment of impacts

on endangered species under Section 7

or Section 10 of the Endangered Species

Act that which accounts for storm water

discharges and BMPs to control storm

water runoff (e.g., where an area-wide

habitat conservation plan and Section

10 permit is issued which addresses

impacts from construction activities

including those from storm water, or a

National Environmental Policy Act

(NEPA) review is conducted which

incorporates ESA Section 7 procedures);

or

(d) Consultation under Section 7 of

the Endangered Species Act is

conducted for the applicant’s activity

which results in either a no jeopardy

opinion or a written concurrence on a

finding of not likely to adversely affect;

or

(e) The applicant’s activity was

considered as part of a larger, more

comprehensive site-specific assessment

of impacts on endangered species by the

owner or other operator of the site and

that permittee certified eligibility under

item (a), (b), (c), or (d) above (e.g. owner

was able to certify no adverse impacts

for the project as a whole under item (a),

so the contractor can then certify under

item (e)).

(3) The applicant must comply with

any terms and conditions imposed

under the eligibility requirements of

paragraphs (1)(a), (b), (c), (d), or (e)

above to ensure that storm water

discharges or BMPs to control storm

water runoff are protective of listed

endangered and threatened species and/

or critical habitat. Such terms and

conditions must be incorporated in the

applicant’s storm water pollution

prevention plan.

(4) For the purposes of conducting

consultation to meet the eligibility

requirements of paragraph (1)(d) above,

applicants are designated as nonFederal representatives. See 50 CFR

402.08. However, applicants who

choose to conduct consultation as a

non-Federal representative must notify

EPA and the appropriate Office of the

Fish and Wildlife Service office in

writing of that decision.

(5) This permit does not authorize any

‘‘taking’’ (as defined under Section 9 of

the Endangered Species Act) of

endangered or threatened species.

(6) This permit does not authorize any

storm water discharges, nor require any

BMPs to control storm water runoff, that

are likely to jeopardize the continued

existence of any species that are listed

as endangered or threatened under the

Endangered Species Act or result in the

adverse modification or destruction of

habitat that is designated as critical

under the Endangered Species Act.

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25135

1A copy of the approved NOI form is provided

in Appendix A of this notice.

f. Storm water discharges that would

affect a property that is listed or is

eligible for listing in the National

Historic Register maintained by the

Secretary of Interior may be in violation

of the National Historic Preservation

Act. A discharge of storm water

associated with construction activity

may be covered under this permit only

if the applicant certifies that either:

(1) The storm water discharge(s), and

the construction and implementation of

BMPs to control storm water runoff, do

not affect a property that is listed or is

eligible for listing in the National

Historic Register maintained by the

Secretary of Interior; or,

(2) The applicant consults with the

State Historic Preservation Officer

(SHPO) or the Tribal Historic

Preservation Officer (THPO) on the

potential for adverse effects which

results in a no effect finding; or

(3) The applicant has obtained and is

in compliance with a written agreement

between the applicant and the SHPO or

THPO that outlines all measures to be

undertaken by the applicant to mitigate

or prevent adverse effects to the historic

property; or

(4) The applicant agrees to implement

and comply with the terms of a written

agreement between another owner/

operator (e.g., subdivision developer,

property owner, etc.) and the SHPO or

THPO that outlines all measures to be

undertaken by operators on the site to

mitigate or prevent adverse effects to the

historic property; or

(5) The applicant’s activity was

considered as part of a larger, more

comprehensive site-specific assessment

of effects on historic properties by the

owner or other operator of the site and

that permittee certified eligibility under

item (1), (2), (3), or (4) above.

g. Discharges of storm water

associated with industrial activity from

construction sites not specifically

identified in the pollution prevention

plan in accordance with Part V of this

permit. Such discharges not identified

in the plan are subject to the upset and

bypass rules in Part VII of this permit.

C. Authorization

1. A discharger must submit a Notice

of Intent (NOI) in accordance with the

requirements of Part II of this permit,

using an NOI form provided by the

Director (or a photocopy thereof), in

order for storm water discharges from

construction sites to be authorized to

discharge under this general permit.1

2. Where a new operator is selected

after the submittal of an NOI under Part

II, a new NOI must be submitted by the

operator in accordance with Part II,

using an NOI form provided by the

Director (or a photocopy thereof).

3. Unless notified by the Director to

the contrary, dischargers who submit an

NOI in accordance with the

requirements of this permit are

authorized to discharge storm water

from construction sites under the terms

and conditions of this permit 2 days

after the date that the NOI is

postmarked. The Director may deny

coverage under this permit and require

submittal of an application for an

individual NPDES permit based on a

review of the NOI or other information

(see Part VII.L of this permit).

Part II. Notice of Intent Requirements

A. Deadlines for Notification.

1. Except as provided in paragraphs

II.A.2, II.A.3, II.A.4, and II.A.5,

individuals who intend to obtain

coverage under this general permit for

storm water discharges from a

construction site (where disturbances

associated with the construction project

commence before the effective date of

this permit), including unpaved rural

roads, shall submit a Notice of Intent

(NOI) in accordance with the

requirements of this Part within 30 days

of the effective date of this permit;

2. Individuals who intend to obtain

coverage under this general permit for

storm water discharges from a

construction site, including unpaved

rural roads, where disturbances

associated with the construction project

commence after April 28, 2000, shall

submit an NOI in accordance with the

requirements of this Part, at least 2 days

prior to the commencement of

construction activities (e.g. the initial

disturbance of soils associated with

clearing, grading, excavation activities,

or other construction activities). Prior to

submitting this NOI, except for owners

of facilities located within Indian

country, as defined in 18 U.S.C. 1151,

the owner of a storm water management

system must receive a State of Florida

storm water or environmental resource

permit from either the Florida

Department of Environmental Protection

(FDEP) or a Florida Water Management

District (FWMD);

3. For storm water discharges from

construction sites, including unpaved

rural roads, where the operator changes

(including projects where an operator is

selected after an NOI has been

submitted under Parts II.A.1 or II.A.2),

an NOI in accordance with the

requirements of this Part shall be

submitted at least 2 days prior to when

the operator commences work at the

site; and

4. EPA will accept an NOI in

accordance with the requirements of

this Part after the dates provided in

Parts II.A.1, 2 or 3 of this permit. EPA

shall, in such instances, use its

discretion in initiating any appropriate

enforcement actions.

5. Applicants who have submitted a

completed NOI for coverage under the

administratively continued previous

general permit, issued September 25,

1992 (57 FR 44412), or applicants who

have submitted a completed NOI for

coverage under the general permit after

its expiration shall automatically

receive coverage under today’s permit. If

the applicant cannot certify that they

meet all applicable eligibility

requirements of Part I.B of today’s

permit or cannot be covered by, or

comply with, the terms and conditions

of this permit, then the applicant shall

notify the director, in accordance with

the requirements of Part IX of this

permit, within 90 days of the effective

date of this permit.

B. Contents of Notice of Intent

Notices of Intent, as referenced in

Appendix A, submitted to the permit

issuing authority shall be signed in

accordance with Part VII.G of this

permit by all of the entities identified in

Part II.B.2. The NOI shall include the

following information:

1. The mailing address, and location

(including the county) of the

construction site for which the

notification is submitted. Where a

mailing address for the site is not

available, the location of the

approximate center of the site must be

described in terms of the latitude and

longitude to the nearest 15 seconds, or

the section, township and range to the

nearest quarter section;

2. The name, address and telephone

number of the operator(s) with day to

day operational control that have been

identified at the time of the NOI

submittal, and operator status as a

Federal, State, private, public or other

entity. Where multiple operators have

been selected at the time of the initial

NOI submittal, NOIs must be attached

and submitted in the same envelope.

When an additional operator submits an

NOI for a site with a existing NPDES

permit, the NOI for the additional

operators must indicate the number for

the existing NPDES permit;

3. The location of the first outfall in

latitude and longitude to the nearest 15

seconds and the name of the receiving

water(s) into which that outfall

discharges, or if the discharge is through

a municipal separate storm sewer, the

25136 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

name of the municipal operator of the

storm sewer and the ultimate receiving

water(s). (All other outfalls must be

listed in the pollution prevention plan

as required by Part V.);

4. The permit number of any NPDES

permit(s) for any discharge(s) (including

any storm water discharges or nonstorm water discharges) from the site;

5. An indication of whether the owner

or operator has existing quantitative

data which describes the concentration

of pollutants in storm water discharges

(existing data should not be included as

part of the NOI); and

6. An estimate of project start date

and completion dates, estimates of the

number of acres of the site on which soil

will be disturbed, and a certification

that a storm water pollution prevention

plan has been prepared for the site in

accordance with Part V of this permit.

(A copy of the plans or permits should

not be included with the NOI

submission). For activities located in the

State of Florida, the applicant shall

submit a narrative statement certifying

that the storm water pollution

prevention plan for the facility provides

compliance with approved State of

Florida issued permits, erosion and

sediment control plans and storm water

management plans. The applicant shall

also submit a copy of the cover page of

the State permit issued by FDEP or a

FWMD to the facility for the storm water

discharges associated with construction

activity.

7. A certification that a storm water

pollution prevention plan, including

both construction and post-construction

controls, has been prepared for the site

in accordance with Part IV of this

permit, and such plan provides

compliance with approved State/Tribal

and/or local sediment and erosion plans

or permits and/or storm water

management plans or permits in

accordance with Part IV.D.2.d of this

permit. (A copy of the plans or permits

should not be included with the NOI

submission). The applicant shall also

submit a copy of the cover page of the

State permit issued by FDEP or a FWMD

to the facility for the storm water

discharges associated with construction

activity.

8. Whether, based on the instructions

in Appendix C, any species identified in

Appendix C are in proximity to the

storm water discharges covered by this

permit or the BMPs to be used to

comply with permit conditions.

9. Under which section(s) of Part

I.B.3.e.(2) (Endangered Species) and Part

I.B.3.f. (Historical Preservation) the

applicant is certifying eligibility.

10. The following certifications shall

be signed in accordance with Part VII.G.

‘‘I certify, under penalty of law, that I have

read and understand the Part I.B. eligibility

requirements for coverage under the general

permit for storm water discharges from

construction activities, including those

requirements relating to the protection of

endangered species identified in Appendix

C.’’

‘‘To the best of my knowledge the

discharges covered under this permit, and

the construction and operation of BMPs to

control storm water runoff, are not likely to

adversely affect any species identified in

Appendix C of this permit, or are otherwise

eligible for coverage under this permit, in

accordance with Part I.B.3.e of the permit,

due to previous authorization under the

Endangered Species Act, or agreement to

implement protective measures required by

the Director as a condition of eligibility.’’

‘‘I further certify, to the best of my

knowledge, that such discharges, and

construction of BMPs to control storm water

runoff, do not have an effect on properties

listed or eligible for listing on the National

Register of Historic Places under the National

Historic Preservation Act, or are otherwise

eligible for coverage, in accordance with Part

I.B.3.f. of the permit, due to a previous

agreement under the National Historic

Preservation Act.’’

‘‘I understand that continued coverage

under this storm water general permit is

contingent upon maintaining eligibility as

provided for in Part I.B.’’

C. Where To Submit

1. Facilities which discharge storm

water associated with industrial activity

must use an NOI form provided by the

Director (or photocopy thereof).

Currently, applicants may use the NOI

form published in the September 29,

1995 Federal Register (60 FR 51265).

The final version of the NOI form

proposed in the June 2, 1997 Federal

Register (62 FR 29785) shall be used

when published in the Federal Register.

Forms are also available by calling (404)

562–9296. NOIs must be signed in

accordance with Part VII.G of this

permit. NOIs are to be submitted to the

Director of the NPDES program in care

of the following address: Storm Water

Notice of Intent (4203), 401 M Street,

SW., Room 2104, Northeast Mall,

Washington, DC 20460.

2. A copy of the NOI, or other

indication that storm water discharges

from the site are covered under an

NPDES permit, and a brief description

of the project shall be posted at the

construction site in a prominent place

for public viewing (such as alongside a

building permit).

D. Additional Notification

Facilities which are operating under

approved State or local sediment and

erosion plans, grading plans, or storm

water management plans shall also

submit signed copies of the Notice of

Intent to the State or local agency

approving such plans in accordance

with the deadlines in Part II.A of this

permit (or sooner where required by

State or local rules). Facilities which

discharge storm water associated with

construction activities to a municipal

separate storm water system within

Broward, Dade, Duval, Escambia,

Hillsborough, Lee, Leon, Manatee,

Orange, Palm Beach, Pasco, Pinellas,

Polk, Sarasota or Seminole Counties

shall submit a copy of the NOI to the

operator of the municipal separate storm

sewer system. Included within these

counties, the Florida Department of

Transportation (FDOT), incorporated

municipalities, and Chapter 298 Special

Districts shall also be notified where

they own or operate a municipal

separate storm sewer system receiving

storm water discharges associated with

construction activity covered by this

permit.

E. Permit Renewal

If this general permit is not reissued

prior to its expiration date, all facilities

desiring to retain continued coverage

shall submit another NOI form at least

180 days prior to the expiration of this

permit. This submittal shall also satisfy

the notification requirement to be

covered under the reissued permit.

Part III. Special Conditions,

Management Practices, and Other NonNumeric Limitations

A. Prohibition on Non-Storm Water

Discharges

1. Except as provided in paragraph

I.B.2 and III.A.2, all discharges covered

by this permit shall be composed

entirely of storm water.

2. a. Except as provided in paragraph

III.A.2.(b), discharges of material other

than storm water must be in compliance

with an NPDES permit (other than this

permit) issued for the discharge.

b. The following non-storm water

discharges may be authorized by this

permit provided the non-storm water

component of the discharge is in

compliance with paragraph V.D.5 and

the storm water management system is

designed to accept these discharges and

provide treatment of the non-storm

water component sufficient to meet

Florida water quality standards:

Discharges from fire fighting activities;

fire hydrant flushings; waters used to

spray off loose solids from vehicles

(waste waters from a more thorough

cleaning, including the use of detergents

or other cleaners is not authorized by

this part) or control dust in accordance

with Part V.D.2.c.(2); potable water

sources including waterline flushings;

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25137

irrigation drainage; routine external

building washdown which does not use

detergents; pavement washwaters where

spills or leaks of toxic or hazardous

materials have not occurred (unless all

spilled material has been removed) and

where detergents are not used; air

conditioning condensate; springs; and

foundation or footing drains where

flows are not contaminated with process

materials such as solvents. Discharges

resulting from ground water dewatering

activities at construction sites are not

covered by this permit. Applicants in

the State of Florida seeking coverage for

these discharges must contact the

Florida Department of Environmental

Protection.

B. Releases in Excess of Reportable

Quantities

1. The discharge of hazardous

substances or oil in the storm water

discharge(s) from a facility shall be

prevented or minimized in accordance

with the applicable storm water

pollution prevention plan for the

facility. This permit does not relieve the

permittee of the reporting requirements

of 40 CFR part 117 and 40 CFR part 302.

Where a release containing a hazardous

substance in an amount equal to or in

excess of a reporting quantity

established under either 40 CFR 117 or

40 CFR 302, occurs during a 24-hour

period:

a. The permittee is required to notify

the National Response Center (NRC)

(800–424–8802 or for Region 4, 404–

562–8702) in accordance with the

requirements of 40 CFR 117 and 40 CFR

302 as soon as he or she has knowledge

of the discharge;

b. The permittee shall submit within

14 calendar days of knowledge of the

release a written description of: The

release (including the type and estimate

of the amount of material released), the

date that such release occurred, the

circumstances leading to the release,

and steps to be taken in accordance with

Part III.B.3 of this permit to EPA Region

4 Office at the address provided in Part

VI.C (addresses) of this permit; and

c. The storm water pollution

prevention plan required under Part V

of this permit must be modified within

14 calendar days of knowledge of the

release to: provide a description of the

release, the circumstances leading to the

release, and the date of the release. In

addition, the plan must be reviewed to

identify measures to prevent the

reoccurrence of such releases and to

respond to such releases, and the plan

must be modified where appropriate.

2. Spills. This permit does not

authorize the discharge of hazardous

substances or oil resulting from an onsite spill.

C. Discharges to Impaired Waters

Facilities that have coverage under

this general permit prior to its

modification on July 1, 2000 shall be in

compliance with Parts III.C.1. through 5.

within 30 days of the effective date of

this modification.

Facilities that apply for coverage

under the general permit after July 1,

2000 which discharge storm water from

construction activities directly to waters

of the United States which are listed on

the EPA approved 303(d) list (or any

subsequently approved list, hereafter

referenced as EPA approved 303(d) list)

for total suspended solids (TSS), or

other indicators of solids transportation

such as turbidity, siltation or

sedimentation, see Appendix D, shall

comply with the following:

1. The permittee shall monitor by grab

sample, during regular working hours,

once per month within the first 30

minutes of a qualifying event or within

the first 30 minutes of the beginning of

the discharge of a previously collected

qualifying event for Settleable Solids

(ml/l), Total Suspended Solids (mg/l),

Turbidity (NTUs) and Flow (MGD).

2. Where the receiving water has flow

upstream from the discharge, a

background sample for Settleable

Solids, Total Suspended Solids and

Turbidity shall be taken instream at

middepth and immediately upstream

from the influence of the discharge of

storm water from the site.

3. The soil type and average slope of

the drainage area for each outfall shall

be reported with the Discharge

Monitoring Report submitted in

accordance with Part III.C.5. of the

permit.

4. A qualifying event for the purpose

of this section is a rain event of 0.5

inches or greater in a 24-hour period.

5. Data collected in accordance with

Part III.C. of the permit shall be

submitted to EPA once per month.

This permit does not authorize the

discharge of storm water, from

construction activities, which causes or

contributes to the impairment of the

designated use of waters of the United

States.

Part IV. Unpaved Rural Roads

A. Applicability. The provisions of

this part are applicable to the

construction of roads, except roads

constructed and associated with

silviculture and agricultural activities as

defined by 40 CFR Part 122, that disturb

five (5) acres or more and will remain

unpaved after construction is complete.

B. Construction. In the State of

Florida, construction of unpaved rural

roads where the possibility of a point

source discharge to surface waters

exists, must all erosion and sediment

controls and storm water management

practices as needed to be consistent

with the requirements set forth in State

Water Policy (Chapter 62–40, FAC), the

applicable storm water or

environmental resource permitting

requirements of the FDEP or appropriate

FWMD, and the guidelines contained in

the Florida Development Manual: A

Guide to Sound Land and Water

Management (FDEP, 1988) and any

subsequent amendments.

C. Notice of Termination. Where a site

has been finally stabilized and all storm

water discharges from construction

activities that are authorized by this

permit are eliminated (see Part IX.A.5.

for the definition of eliminated), or

where the operator of all storm water

discharges at a facility changes, the

operator of the facility may submit a

Notice of Termination that is signed in

accordance with Part VII.G of this

permit.

Part V. Storm Water Pollution

Prevention Plans

A storm water pollution prevention

plan shall be developed for each

construction site covered by this permit.

Storm water pollution prevention plans

shall be prepared in accordance with

good engineering practices. The plan

shall identify potential sources of

pollution which may reasonably be

expected to affect the quality of storm

water discharges from the construction

site. In addition, the plan shall describe

and ensure the implementation of

practices which will be used to reduce

the pollutants in storm water discharges

associated with industrial activity at the

construction site and to assure

compliance with the terms and

conditions of this permit. Facilities

must implement the provisions of the

storm water pollution prevention plan

required under this part as a condition

of this permit.

A. Deadlines for Plan Preparation and

Compliance

The plan shall:

1. Be completed (including

certifications required under Part V.E)

prior to the submittal of an NOI to be

covered under this permit and updated

as appropriate;

2. The plan shall provide for

compliance with the terms and schedule

of the plan beginning with the initiation

of construction activities.

25138 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

B. Signature and Plan Review

1. The plan shall be signed in

accordance with Part VII.G, and be

retained on-site at the facility which

generates the storm water discharge in

accordance with Part V (retention of

records) of this permit.

2. The permittee shall submit plans to

the State agency which issued the storm

water or environmental resource permit

referenced in Part II.B.6. and shall make

plans available upon request to the

Director; a State or local agency

approving sediment and erosion plans,

grading plans, or storm water

management plans; or in the case of a

storm water discharge associated with

industrial activity which discharges

through a municipal separate storm

sewer system with an NPDES permit, to

the municipal operator of the system.

3. The Director may notify the

permittee at any time that the plan does

not meet one or more of the minimum

requirements of this Part. Such

notification shall identify those

provisions of the permit which are not

being met by the plan, and identify

which provisions of the plan requires

modifications in order to meet the

minimum requirements of this Part.

Within 7 days of such notification from

the Director, (or as otherwise provided

by the Director), or authorized

representative, the permittee shall make

the required changes to the plan and

shall submit to the Director a written

certification that the requested changes

have been made.

C. Keeping Plans Current.

The permittee shall amend the plan

whenever there is a change in design,

construction, operation, or maintenance,

which has a significant effect on the

potential for the discharge of pollutants

to the waters of the United States,

including the addition of or change in

location of storm water discharge

points, and which has not otherwise

been addressed in the plan or if the

storm water pollution prevention plan

proves to be ineffective in eliminating or

significantly minimizing pollutants

from sources identified under Part V.D.2

of this permit, or in otherwise achieving

the general objectives of controlling

pollutants in storm water discharges

associated with construction activity. In

addition, the plan shall be amended to

identify any new contractor and/or

subcontractor that will implement a

measure of the storm water pollution

prevention plan (see Part V.E).

Amendments to the plan shall be

prepared, dated, and kept as separate

documents from the original plan. The

amendments to the plan may be

reviewed by EPA in the same manner as

Part V.B above. Amendments to the plan

must be submitted to the State agency

which issued the State storm water or

environmental resource permit.

D. Contents of Plan

The storm water pollution prevention

plan shall include the following items:

1. Site Description. Each plan shall

provide a description of pollutant

sources and other information as

indicated:

a. A description of the nature of the

construction activity;

b. A description of the intended

sequence of major activities which

disturb soils for major portions of the

site (e.g. grubbing, excavation, grading);

c. Estimates of the total area of the site

and the total area of the site that is

expected to be disturbed by excavation,

grading, or other activities;

d. An estimate of the runoff

coefficient of the site before, during and

after construction activities are

completed using ‘‘C’’ from the Rational

Method, and existing data describing

the soil or the quality of any discharge

from the site and an estimate of the size

of the drainage area for each outfall;

e. A site map indicating drainage

patterns and approximate slopes

anticipated after major grading

activities, areas of soil disturbance, an

outline of areas which may not be

disturbed, the location of major

structural and nonstructural controls

identified in the plan, the location of

areas where stabilization practices are

expected to occur, surface waters

(including wetlands), and locations

where storm water is discharged to a

surface water; and,

f. The location in terms of latitude

and longitude, to the nearest 15

seconds, of each outfall, the name of the

receiving water(s) for each outfall and

the amount of any wetland acreage at

the site.

2. Controls. Each plan shall include a

description of appropriate controls and

measures that will be implemented at

the construction site. The plan will

clearly describe for each major activity

identified in Part V.D.1.b appropriate

control measures and the timing during

the construction process that the

measures will be implemented. (For

example, perimeter controls for one

portion of the site will be installed after

the clearing and grubbing necessary for

installation of the measure, but before

the clearing and grubbing for the

remaining portions of the site. Perimeter

controls will be actively maintained

until final stabilization of those portions

of the site upward of the perimeter

control. Temporary perimeter controls

will be removed after final

stabilization). All controls shall be

consistent with the requirements set

forth in the State Water Policy of Florida

(Chapter 62–40, Florida Administrative

Code), the applicable storm water or

environmental resource permitting

requirements of the FDEP or appropriate

FWMD, and the guidelines contained in

the Florida Development Manual: A

Guide to Sound Land and Water

Management (FDEP, 1988) and any

subsequent amendments. The

description and implementation of

controls shall address the following

minimum components:

a. Erosion and Sediment Controls. (1)

Stabilization Practices. A description of

interim and permanent stabilization

practices, including site-specific

scheduling of the implementation of the

practices. Site plans should ensure that

existing vegetation is preserved where

attainable and that disturbed portions of

the site are stabilized. Stabilization

practices may include: temporary

seeding, permanent seeding, mulching,

geotextiles, sod stabilization, vegetative

buffer strips, protection of trees,

preservation of mature vegetation, and

other appropriate measures. A record of

the dates when major grading activities

occur, when construction activities

temporarily or permanently cease on a

portion of the site and when

stabilization measures are initiated shall

be included in the plan. Stabilization

measures shall be initiated as soon as

practicable, but in no case more than 14

days, in portions of the site where

construction activities have temporarily

or permanently ceased.

(2) Structural Practices. A description

of structural practices, to divert flows

from exposed soils, store flows or

otherwise limit runoff and the discharge

of pollutants from exposed areas of the

site; and in the State of Florida, in

accordance with the requirements set

forth in Section 62–40, 420, FAC, and

the applicable storm water or

environmental resource regulations of

the FDEP or appropriate FWMD. Such

practices may include silt fences, earth

dikes, drainage swales, sediment traps,

check dams, subsurface drains, pipe

slope drains, level spreaders, storm

drain inlet protection, rock outlet

protection, reinforced soil retaining

systems, gabions, and temporary or

permanent sediment basins. Structural

practices should be placed on upland

soils unless a State of Florida wetland

resource management permit or

environmental resource permit issued

pursuant to Chapters 373 or 403, FS,

and applicable regulations of the FDEP

or FWMD authorize otherwise. The

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25139

installation of these devices may be

subject to Section 404 of the CWA.

(a) For common drainage locations

that serve an area with more than 10

disturbed acres at one time, a temporary

(or permanent) sediment basin

providing 3,600 cubic feet of storage per

acre drained, or equivalent control

measures, shall be provided where

attainable until final stabilization of the

site. The 3,600 cubic feet of storage area

per acre drained does not apply to flows

from offsite areas and flows from onsite

areas that are either undisturbed or have

undergone final stabilization where

such flows are diverted around both the

disturbed area and the sediment basin.

For drainage locations which serve more

than 10 disturbed acres at one time and

where a temporary sediment basin

providing 3,600 cubic feet of storage per

acre drained, or equivalent controls are

not attainable, smaller sediment basins

and/or sediment traps should be used.

At a minimum, silt fences, or equivalent

sediment controls are required for all

sideslope and downslope boundaries of

the construction area.

(b) For drainage locations serving less

than 10 acres, sediment basins and/or

sediment traps should be used. At a

minimum, silt fences or equivalent

sediment controls are required for all

sideslope and downslope boundaries of

the construction area unless or a

sediment basin providing storage for

3,600 cubic feet of storage per acre

drained is provided.

b. Storm Water Management. A

description of measures that will be

installed during the construction

process to control pollutants in storm

water discharges that will occur after

construction operations have been

completed. In the State of Florida, the

description of controls shall be

consistent with the requirements set

forth in the State Water Policy of Florida

(Chapter 62–40, FAC), the applicable

storm water or environmental resource

permitting regulations of the guidelines

contained in the Florida Development

Manual: A Guide to Sound Land and

Water Management (FDEP, 1988), and

any subsequent amendments. Structural

measures should be placed on upland

soils unless a State of Florida wetland

resource management permit or

environmental resource permit issued

pursuant to Chapters 373 or 403, FS,

and applicable regulations of the FDEP

or FWMD authorize otherwise. The

installation of these devices may be

subject to Section 404 of the CWA. This

NPDES permit only addresses the

installation of storm water management

measures, and not the ultimate

operation and maintenance of such

structures after the construction

activities have been completed and the

site has undergone final stabilization.

Permittees are only responsible for the

installation and maintenance of storm

water management measures prior to

final stabilization of the site, and are not

responsible for maintenance after storm

water discharges associated with

industrial activity have been eliminated

from the site. However, all storm water

management systems shall be operated

and maintained in perpetuity after final

stabilization in accordance with

requirements set forth in the State of

Florida storm water or environmental

resource permit issued for the site.

(1) Such practices may include: Storm

water detention structures (including

wet ponds); storm water retention

structures; flow attenuation by use of

open vegetated swales and natural

depressions; infiltration of runoff onsite;

and sequential systems (which combine

several practices). In the State of

Florida, pursuant to the requirements of

section 62–40.432, FAC, the storm water

management system shall be designed to

remove at least 80 percent of the average

annual load of pollutants which cause

or contribute to violations of water

quality standards ( 95 percent if the

system discharges to an Outstanding

Florida Water). The pollution

prevention plan shall include an

explanation of the technical basis used

to select the practices to control

pollution where flows exceed

predevelopment levels.

(2) Velocity dissipation devices shall

be placed at discharge locations and

along the length of any outfall channel

for the purpose of providing a nonerosive velocity flow from the structure

to a water course so that the natural

physical and biological characteristics

and functions are maintained and

protected (e.g. no significant changes in

the hydrological regime of the receiving

water). Equalization of the

predevelopment and post-development

storm water peak discharge rate and

volume shall be a goal in the design of

the post-development storm water

management system.

c. Other Controls. (1) Waste Disposal.

No solid materials, including building

materials, shall be discharged to waters

of the United States, except as

authorized by a Section 404 permit and

by a State of Florida wetland resource

management permit or environmental

resource permit issued pursuant to

chapters 373 or 403, FS, and the

applicable regulations of the FDEP or

FWMD.

(2) Off-site vehicle tracking of

sediments and the generation of dust

shall be minimized.

(3) The plan shall ensure and

demonstrate compliance with

applicable State and/or local waste

disposal, sanitary sewer or septic system

regulations.

(4) The plan shall address the proper

application rates and methods for the

use of fertilizers and pesticides at the

construction site and set forth how these

procedures will be implemented and

enforced. Nutrients will be applied only

at rates necessary to establish and

maintain vegetation such that

discharges will not cause or contribute

to violations of State surface or ground

water quality standards.

(5) The plan shall ensure that the

application, generation, and migration

of toxic substances are limited and that

toxic materials are properly stored and

disposed.

d. Approved State or Local Plans. (1)

Facilities which discharge storm water

associated with construction activity

must include in their storm water

pollution prevention plan procedures

and requirements specified in

applicable sediment and erosion site

plans or site permits, or storm water

management site plans or site permits

approved by State, Tribal or local

officials. Permittees shall provide a

certification in their storm water

pollution prevention plan that their

storm water pollution prevention plan

reflects requirements applicable to

protecting surface water resources in

sediment and erosion site plans or site

permits, or storm water management

site plans or site permits approved by

State, Tribal or local officials. Permittees

shall comply with any such

requirements during the term of the

permit. This provision does not apply to

provisions of master plans,

comprehensive plans, non-enforceable

guidelines or technical guidance

documents that are not identified in a

specific plan or permit that is issued for

the construction site.

(2) Storm water pollution prevention

plans must be amended to reflect any

change applicable to protecting surface

water resources in sediment and erosion

site plans or site permits, or storm water

management site plans or site permits,

approved by State or local officials, for

which the permittee receives written

notice. Where the permittee receives

such written notice of a change, the

permittee shall provide a recertification

in the storm water pollution plan that

the storm water pollution prevention

plan has been modified to address such

changes.

(3) Dischargers seeking alternative

permit requirements shall submit an

individual permit application in

accordance with Part VII.L of the permit

25140 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

at the address indicated in Part V.C of

this permit for the appropriate Regional

Office, along with a description of why

requirements in approved State or local

plans or permits, or changes to such

plans or permits should not be

applicable as a condition of an NPDES

permit.

3. Maintenance. A description of

procedures to ensure the timely

maintenance of vegetation, erosion and

sediment controls and other protective

measures identified in the site plan.

4. Inspections. Qualified personnel

(one who is provided by the discharger

and who has completed the Florida

Storm water, Erosion and Sediment

Control Training and Certification

Program for Inspectors and Contractors

and who has passed the examination)

shall inspect all points of discharge into

waters of the United States or to a

municipal separate storm sewer system

and all disturbed areas of the

construction site that have not been

finally stabilized, areas used for storage

of materials that are exposed to

precipitation, structural control

measures, structural control measures,

and locations where vehicles enter or

exit the site at least once every seven

calendar days and within 24 hours of

the end of a storm that is 0.25 inches or

greater. Where sites have been finally

stabilized; such inspection shall be

conducted at least once every month.

a. Disturbed areas and areas used for

storage of materials that are exposed to

precipitation shall be inspected for

evidence of, or the potential for,

pollutants entering the storm water

system. The storm water management

system and erosion and sediment

control measures identified in the plan

shall be observed to ensure that they are

operating correctly. In the State of

Florida, where discharge locations or

points are accessible, they shall be

inspected to ascertain whether erosion

control measures are effective in

meeting the performance standards set

forth in State Water Policy (chapter 62–

40, FAC) and the applicable storm water

or environmental resource permitting

regulations of the FDEP or appropriate

FWMD. Locations where vehicles enter

or exit the site shall be inspected for

evidence of offsite sediment tracking.

b. Based on the results of the

inspection, the site description

identified in the plan in accordance

with paragraph V.D.1 of this permit and

pollution prevention measures

identified in the plan in accordance

with paragraph V.D.2 of this permit

shall be revised as appropriate, but in

no case later than 7 calendar days

following the inspection. Such

modifications shall provide for timely

implementation of any changes to the

plan within 7 calendar days following

the inspection.

c. A report summarizing the scope of

the inspection, name(s) and

qualifications of personnel making the

inspection, the date(s) of the inspection,

major observations relating to the

implementation of the storm water

pollution prevention plan, and actions

taken in accordance with paragraph

V.D.4.b of the permit shall be made and

retained as part of the storm water

pollution prevention plan for at least

three years from the date that the site is

finally stabilized. Such reports shall

identify any incidents of noncompliance. Where a report does not

identify any incidents of noncompliance, the report shall contain a

certification that the facility is in

compliance with the storm water

pollution prevention plan and this

permit. The report shall be signed in

accordance with Part VII.G of this

permit.

5. Non-Storm Water Discharges—

Except for flows from fire fighting

activities, sources of non-storm water

listed in Part III.A.2 of this permit that

are combined with storm water

discharges associated with construction

activity must be identified in the plan.

The plan shall identify and ensure the

implementation of appropriate pollution

prevention measures for the non-storm

water component(s) of the discharge.

E. Contractors

1. The storm water pollution

prevention plan must clearly identify,

for each measure identified in the plan,

the contractor(s) and/or subcontractor(s)

that will implement the measure. All

contractors and subcontractors

identified in the plan must sign a copy

of the certification statement in Part

V.E.2 of this permit in accordance with

Part VII.G of this permit. All

certifications must be included in the

storm water pollution prevention plan.

2. Certification Statement. All

contractors and subcontractors

identified in a storm water pollution

prevention plan in accordance with Part

V.E.1 of this permit shall sign a copy of

the following certification statement

before conducting any professional

service identified in the storm water

pollution prevention plan:

‘‘I certify under penalty of law that I

understand the terms and conditions of the

general National Pollutant Discharge

Elimination System (NPDES) permit that

authorizes the storm water discharges

associated with industrial activity from the

construction site identified as part of this

certification.’’

The certification must include the

name and title of the person providing

the signature in accordance with Part

VII.G of this permit; the name, address

and telephone number of the

contracting firm; the address (or other

identifying description) of the site; and

the date the certification is made.

Part VI. Retention of Records

A. The permittee shall retain copies of

storm water pollution prevention plans

and all reports required by this permit,

and records of all data used to complete

the Notice of Intent to be covered by this

permit, for a period of at least three

years from the date that the site is

finally stabilized. This period may be

extended by request of the Director at

any time.

B. The permittee shall retain a copy

of the storm water pollution prevention

plan required by this permit at the

construction site from the date of project

initiation to the date of final

stabilization.

C. Addresses. Except for the submittal

of NOIs (Part II.C) and NOTs (Part IX),

all written correspondence directed to

the U.S. Environmental Protection

Agency concerning discharges in the

State of Florida or an Indian lands

located in Region 4, and subject to

coverage under this permit, including

the submittal of individual permit

applications, shall be sent to the address

listed below: U.S. EPA, Region 4,

Surface Water Permits Section, Water

Management Division, Atlanta Federal

Center, 61 Forsyth St., SW, Atlanta, GA

30303.

Part VII. Standard Permit Conditions

A. Duty To Comply

1. The permittee must comply with all

conditions of this permit. Any permit

noncompliance constitutes a violation

of the CWA and is grounds for

enforcement action; for permit

termination, revocation and reissuance,

or modification; or for denial of a permit

renewal application.

2. Penalties for Violations of Permit

Conditions.

a. Criminal—(1) Negligent Violations.

The CWA provides that any person who

negligently violates permit conditions

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to a fine of not less than $2,500

nor more than $25,000 per day of

violation, or by imprisonment for not

more than 1 year, or both.

(2) Knowing Violations. The CWA

provides that any person who

knowingly violates permit conditions

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25141

subject to a fine of not less than $5,000

nor more than $50,000 per day of

violation, or by imprisonment for not

more than 3 years, or both.

(3) Knowing Endangerment. The CWA

provides that any person who

knowingly violates permit conditions

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act and who

knows at that time that he is placing

another person in imminent danger of

death or serious bodily injury is subject

to a fine of not more than $250,000, or

by imprisonment for not more than 15

years, or both.

(4) False Statement. The CWA

provides that any person who

knowingly makes any false material

statement, representation, or

certification in any application, record,

report, plan, or other document filed or

required to be maintained under the Act

or who knowingly falsifies, tampers

with, or renders inaccurate, any

monitoring device or method required

to be maintained under the Act, shall

upon conviction, be punished by a fine

of not more than $10,000 or by

imprisonment for not more than 2 years,

or by both. If a conviction is for a

violation committed after a first

conviction of such person under this

paragraph, punishment shall be by a

fine of not more than $20,000 per day

of violation, or by imprisonment of not

more than 4 years, or by both. (See

Section 309.c.4 of the Clean Water Act).

b. Civil Penalties—The CWA provides

that any person who violates a permit

condition implementing Sections 301,

302, 306, 307, 308, 318, or 405 of the

Act is subject to a civil penalty not to

exceed $25,000 per day for each

violation.

c. Administrative Penalties—The

CWA provides that any person who

violates a permit condition

implementing Sections 301, 302, 306,

307, 308, 318, or 405 of the Act is

subject to an administrative penalty, as

follows:

(1) Class I penalty. Not to exceed

$10,000 per violation nor shall the

maximum amount exceed $25,000.

(2) Class II penalty. Not to exceed

$10,000 per day for each day during

which the violation continues nor shall

the maximum amount exceed $125,000.

B. Continuation of the Expired General

Permit

This permit expires at midnight 5

years from April 28, 2000. If this general

permit is not reissued prior to its

expiration date, all facilities desiring to

retain continued coverage shall submit

another NOI form at least 180 days prior

to the expiration of this permit. This

submittal shall also satisfy the

notification requirement to be covered

under the reissued permit. Facilities

that have not obtained coverage under

this permit by the expiration date of this

permit cannot become authorized to

discharge under the continued permit.

The authorization to discharge under

the continued previous general permit,

issued on September 25, 1992 (57 FR

44412), expired 90 days from February

23, 1998.

C. Need to halt or reduce activity not

a defense. It shall not be a defense for

a permittee in an enforcement action

that it would have been necessary to

halt or reduce the permitted activity in

order to maintain compliance with the

conditions of this permit.

D. Duty to Mitigate. The permittee

shall take all reasonable steps to

minimize or prevent any discharge in

violation of this permit which has a

reasonable likelihood of adversely

affecting human health or the

environment.

E. Duty to Provide Information. The

permittee shall furnish within a

reasonable time to the Director; an

authorized representative of the

Director; a State or local agency

approving sediment and erosion plans,

grading plans, or storm water

management plans; or in the case of a

storm water discharge associated with

industrial activity which discharges

through a municipal separate storm

sewer system with an NPDES permit, to

the municipal operator of the system,

any information which is requested to

determine compliance with this permit

or other information.

F. Other Information. When the

permittee becomes aware that he or she

failed to submit any relevant facts or

submitted incorrect information in the

Notice of Intent or in any other report

to the Director, he or she shall promptly

submit such facts or information.

G. Signatory Requirements. All

Notices of Intent, storm water pollution

prevention plans, reports, certifications

or information either submitted to the

Director or the operator of a large or

medium municipal separate storm

sewer system, or that this permit

requires be maintained by the permittee,

shall be signed as follows:

1. All Notices of Intent shall be signed

as follows:

a. For a corporation: By a responsible

corporate officer. For the purpose of this

section, a responsible corporate officer

means: (1) A president, secretary,

treasurer, or vice-president of the

corporation in charge of a principal

business function, or any other person

who performs similar policy or

decision-making functions for the

corporation; or

(2) The manager of one or more

manufacturing, production or operating

facilities employing more than 250

persons or having gross annual sales or

expenditures exceeding $25,000,000 (in

second-quarter 1980 dollars) if authority

to sign documents has been assigned or

delegated to the manager in accordance

with corporate procedures;

b. For a partnership or sole

proprietorship: By a general partner or

the proprietor, respectively; or

c. For a municipality, State, Federal,

or other public agency: By either a

principal executive officer or ranking

elected official. For purposes of this

section, a principal executive officer of

a Federal agency includes (1) the chief

executive officer of the agency, or (2) a

senior executive officer having

responsibility for the overall operations

of a principal geographic unit of the

agency (e.g., Regional Administrators of

EPA).

2. All reports required by the permit

and other information requested by the

Director or authorized representative of

the Director shall be signed by a person

described above or by a duly authorized

representative of that person. A person

is a duly authorized representative only

if:

a. The authorization is made in

writing by a person described above and

submitted to the Director.

b. The authorization specifies either

an individual or a position having

responsibility for the overall operation

of the regulated facility or activity, such

as the position of manager, operator,

superintendent, or position of

equivalent responsibility or an

individual or position having overall

responsibility for environmental matters

for the company. (A duly authorized

representative may thus be either a

named individual or any individual

occupying a named position).

c. Changes to authorization. If an

authorization under paragraph II.B.3. is

no longer accurate because a different

operator has responsibility for the

overall operation of the construction

site, a new notice of intent satisfying the

requirements of paragraph II.B. must be

submitted to the Director prior to or

together with any reports, information,

or applications to be signed by an

authorized representative.

d. Certification. Any person signing

documents under paragraph VII.G shall

make the following certification:

‘‘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 on my inquiry of the person or persons

25142 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

who manage the system, or those persons

directly responsible for gathering the

information, the information submitted is, to

the best of my knowledge and belief, true,

accurate, and complete. I am aware that there

are significant penalties for submitting false

information, including the possibility of fine

and imprisonment for knowing violations.’’

H. Penalties for Falsification of Reports

Section 309(c)(4) of the Clean Water

Act provides that any person who

knowingly makes any false material

statement, representation, or

certification in any record or other

document submitted or required to be

maintained under this permit, including

reports of compliance or noncompliance

shall, upon conviction, be punished by

a fine of not more than $10,000, or by

imprisonment for not more than 2 years,

or by both.

I. Penalties for Falsification of

Monitoring Systems

The Clean Water Act provides that

any person who falsifies, tampers with,

or knowingly renders inaccurate any

monitoring device or method required

to be maintained under this permit

shall, upon conviction, be punished by

a fine of not more than $10,000, or by

imprisonment for not more than 2 years,

or both. If a conviction of a person is for

a violation committed after a first

conviction of such person under this

paragraph, punishment is a fine of not

more than $20,000 per day of violation,

or by imprisonment of not more than 4

years, or both.

J. Oil and Hazardous Substance Liability

Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties to which the permittee is or

may be subject under section 311 of the

CWA or section 106 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980 (CERCLA).

K. Property Rights

The issuance of this permit does not

convey any property rights of any sort,

nor any exclusive privileges, nor does it

authorize any injury to private property

nor any invasion of personal rights, nor

any infringement of Federal, State or

local laws or regulations.

L. Severability

The provisions of this permit are

severable, and if any provision of this

permit, or the application of any

provision of this permit to any

circumstance, is held invalid, the

application of such provision to other

circumstances, and the remainder of

this permit shall not be affected thereby.

M. Transfers

Coverage under this permit is not

transferable to any person except after

notice to the Director. The Director may

require termination of permit coverage

by the current permittee in accordance

with Part IX of this permit; and the

subsequent submission a Notice of

Intent to receive coverage under the

permit by the new applicant in

accordance with Part II of this permit.

N. Requiring an Individual Permit or an

Alternative General Permit

1. The Director may require any

person authorized by this permit to

apply for and/or obtain either an

individual NPDES permit or an

alternative NPDES general permit. Any

interested person may petition the

Director to take action under this

paragraph. Where the Director requires

a discharger authorized to discharge

under this permit to apply for an

individual NPDES permit, the Director

shall notify the discharger in writing

that a permit application is required.

This notification shall include a brief

statement of the reasons for this

decision, an application form, a

statement setting a deadline for the

discharger to file the application, and a

statement that on the effective date of

issuance or denial of the individual

NPDES permit or the alternative general

permit as it applies to the individual

permittee, coverage under this general

permit shall automatically terminate.

Applications shall be submitted to the

appropriate Regional Office indicated in

Part V.C of this permit. The Director

may grant additional time to submit the

application upon request of the

applicant. If a discharger fails to submit

in a timely manner an individual

NPDES permit application as required

by the Director under this paragraph,

then the applicability of this permit to

the individual NPDES permittee is

automatically terminated at the end of

the day specified by the Director for

application submittal.

2. Any discharger authorized by this

permit may request to be excluded from

the coverage of this permit by applying

for an individual permit. In such cases,

the permittee shall submit an individual

application in accordance with the

requirements of 40 CFR 122.26(c)(1)(ii),

with reasons supporting the request, to

the Director at the address for the

appropriate Regional Office indicated in

Part V.C of this permit. The request may

be granted by issuance of any individual

permit or an alternative general permit

if the reasons cited by the permittee are

adequate to support the request.

3. When an individual NPDES permit

is issued to a discharger otherwise

subject to this permit, or the discharger

is authorized to discharge under an

alternative NPDES general permit, the

applicability of this permit to the

individual NPDES permittee is

automatically terminated on the

effective date of the individual permit or

the date of authorization of coverage

under the alternative general permit,

whichever the case may be. When an

individual NPDES permit is denied to

an owner or operator otherwise subject

to this permit, or the owner or operator

is denied for coverage under an

alternative NPDES general permit, the

applicability of this permit to the

individual NPDES permittee is

automatically terminated on the date of

such denial, unless otherwise specified

by the Director.

O. State/Environmental Laws

1. Nothing in this permit shall be

construed to preclude the institution of

any legal action or relieve the permittee

from any responsibilities, liabilities, or

penalties established pursuant to any

applicable State law or regulation under

authority preserved by section 510 of

the Act.

2. No condition of this permit shall

release the permittee from any

responsibility or requirements under

other environmental statutes or

regulations.

P. Proper Operation and Maintenance

The permittee shall at all times

properly operate and maintain all

facilities and systems of treatment and

control (and related appurtenances)

which are installed or used by the

permittee to achieve compliance with

the conditions of this permit and with

the requirements of storm water

pollution prevention plans. Proper

operation and maintenance also include

adequate laboratory controls and

appropriate quality assurance

procedures. Proper operation and

maintenance require the operation of

backup or auxiliary facilities or similar

systems, installed by a permittee only

when necessary to achieve compliance

with the conditions of the permit.

Q. Inspection and Entry

The permittee shall allow the Director

or an authorized representative of EPA,

the State, or, in the case of a

construction site which discharges

through a municipal separate storm

sewer, an authorized representative of

the municipal operator or the separate

storm sewer receiving the discharge,

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25143

upon the presentation of credentials and

other documents as may be required by

law, to:

1. Enter upon the permittee’s

premises where a regulated facility or

activity is located or conducted or

where records must be kept under the

conditions of this permit;

2. Have access to and copy at

reasonable times, any records that must

be kept under the conditions of this

permit;

3. Inspect, at reasonable times, any

facilities or equipment (including

monitoring and control equipment); and

4. Sample or monitor, at reasonable

times, for the purposes of assuring

permit compliance or as otherwise

authorized by the CWA, any substances

or parameter at any location on the site.

R. Permit Actions

This permit may be modified, revoked

and reissued, or terminated for cause.

The filing of a request by the permittee

for a permit modification, revocation

and reissuance, or termination, or a

notification of planned changes or

anticipated noncompliance does not

stay any permit condition.

S. Planned Changes

The permittee shall amend the

pollution prevention plan as soon as

possible identifying any planned

physical alterations or additions to the

permitted facility.

T. Twenty-Four Hour Reporting

(1) The permittee shall report any

noncompliance which may endanger

health or the environment. Any

information shall be provided orally

within 24 hours from the time the

permittee becomes aware of the

circumstances. A written submission

shall also be provided within 5 days of

the time the permittee becomes aware of

the circumstances. A written

submission shall also be provided

within 5 days of the time the permittee

becomes aware of the circumstances.

The written submission shall contain a

description of the noncompliance and

its cause: the period of noncompliance,

including exact dates and times, and if

the noncompliance has not been

corrected, the anticipated time it is

expected to continue; and steps taken or

planned to reduce, eliminate, and

prevent recurrence of the

noncompliance.

U. Bypass

(1) Definitions. (i) Bypass means the

intentional diversion of waste streams

from any portion of a treatment facility.

(ii) Severe property damage means

substantial physical damage to property

which causes them to become

inoperable or substantial and permanent

loss of natural resources which can

reasonably be expected to occur in the

absence of a bypass. Severe property

damage does not mean economic loss

caused by delays in production.

(2) Bypass not exceeding limitations.

The permittee may allow any bypass to

occur which does not cause effluent

limitations to be exceeded, but only if

it also is for essential maintenance to

assure efficient operation. These

bypasses are not subject to the

provisions of paragraphs S(3) and S(4).

(3) Notice.

(i) Anticipated bypass. If the

permittee knows in advance of the need

for a bypass, it shall submit prior notice,

if possible at least ten days before the

date of the bypass.

(ii) Unanticipated bypass. The

permittee shall submit notice of an

unanticipated bypass as required in

paragraph R. of this section (24-hour

notice).

(4) Prohibition of bypass. (i) Bypass is

prohibited, and the Director may take

enforcement action against a permittee

for bypass, unless:

(A) Bypass was unavoidable to

prevent loss of life, personal injury, or

severe property damage;

(B) There were no feasible alternatives

to the bypass, such as the use of

auxiliary treatment facilities, retention

of untreated wastes, or maintenance

during normal periods of equipment

downtime. This condition is not

satisfied if adequate back-up equipment

should have been installed in the

exercise of reasonable engineering

judgement to prevent a bypass which

occurred during normal periods of

equipment downtime or preventive

maintenance; and

(C) The permittee submitted notices

as required under paragraph S(3) of this

section.

(ii) The Director may approve an

anticipated bypass after considering its

adverse effects, if the Director

determines that it will meet the three

conditions listed above in paragraph

S(4)(i) of this section.

Part VIII. Reopener Clause

A. If there is evidence indicating

potential or realized impacts on water

quality due to any storm water

discharge associated with industrial

activity covered by this permit, the

discharger may be required to obtain an

individual permit or an alternative

general permit in accordance with Part

I.C of this permit or the permit may be

modified to include different limitations

and/or requirements.

B. Permit modification or revocation

will be conducted according to 40 CFR

122.62, 122.63, 122.64 and 124.5.

C. This permit may be modified, or

alternatively, revoked and reissued, to

comply with any applicable provisions

of the Phase II storm water regulations

once they are issued.

Part IX. Termination of Coverage

A. Notice of Termination

Where a site has been finally

stabilized and all storm water

discharges from construction sites that

are authorized by this permit are

eliminated (see Part IX.A.5. for the

definition of eliminated), or where the

operator of all storm water discharges at

a facility changes, the operator of the

facility may submit a Notice of

Termination that is signed in

accordance with Part VII.G of this

permit within 14 days of final

stabilization of the site. The Notice of

Termination shall include the following

information:

1. The mailing address, and location

of the construction site for which the

notification is submitted. Where a

mailing address for the site is not

available, the location can be described

in terms of the latitude and longitude of

the approximate center of the facility to

the nearest 15 seconds, or the section,

township and range to the nearest

quarter section;

2. The name, address, and telephone

number of the operator seeking

termination of permit coverage;

3. The NPDES permit number for the

storm water discharge identified by this

Notice of Termination;

4. An identification of whether the

storm water discharges associated with

industrial activity have been eliminated

or the operator of the discharges has

changed; and

5. The following certification signed

in accordance with Part VII.G (signatory

requirements) of this permit:

I certify under penalty of law that all storm

water discharges associated with industrial

activity from the identified facility that are

authorized by a NPDES general permit have

otherwise been eliminated or that I am no

longer the operator of the facility or

construction site. I understand that by

submitting this notice of termination, that I

am no longer authorized to discharge storm

water associated with industrial activity by

the general permit, and that discharging

pollutants in storm water associated with

industrial activity to waters of the United

States is unlawful under the Clean Water Act

where the discharge is not authorized by a

NPDES permit. I also understand that the

submittal of this notice of termination does

not release an operator from liability for any

violations of this permit or the Clean Water

Act.’’

25144 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

2A copy of the approved NOT form is provided

in Appendix A of this notice.

For the purposes of this certification,

elimination of storm water discharges

associated with construction activity

means that all disturbed soils at the

identified facility have been finally

stabilized and temporary erosion and

sediment control measures have been

removed or will be removed at an

appropriate time, or that all storm water

discharges associated with construction

activities from the identified site that

are authorized by a NPDES general

permit have otherwise been eliminated.

B. Where To Submit

Applicants are to use the NOT form

published in the September 29, 1995

Federal Register (60 FR 51265). All

Notices of Termination are to be sent,

using the form provided by the Director

(or a photocopy thereof),2, to the

following address: Storm Water Notice

of Termination (4203), 401 M Street,

SW, Room 2104 Northeast Mall,

Washington, DC 20460.

C. Additional Notification

A copy of the Notice of Termination

shall be sent to the State agency which

issued the State storm water or

environmental resource permit for the

site and, if the storm water management

system discharges to a municipal

separate storm sewer system within

Broward, Dade, Duval, Escambia,

Hillsborough, Lee, Leon, Manatee,

Orange, Palm Beach, Pasco, Pinellas,

Polk, Sarasota or Seminole Counties, to

the owner of that system. Included

within these counties, the Florida

Department of Transportation (FDOT),

incorporated municipalities, and

chapter 298 Special Districts also shall

be notified where they own or operate

a municipal separate storm sewer

system receiving storm water discharges

associated with construction activity

covered by this permit.

Part X. Definitions

Best Management Practices (BMPs)

means schedules of activities,

prohibitions of practices, maintenance

procedures, and other management

practices to prevent or reduce the

pollution of waters of the United States.

BMPs also include treatment

requirements, operating procedures, and

practices to control plant site runoff,

spillage or leaks, sludge or waste

disposal, or drainage from raw material

storage.

Commencement of Construction—The

initial disturbance of soils associated

with clearing, grading, or excavating

activities or other construction

activities.

CWA means Clean Water Act or the

Federal Water Pollution Control Act.

Dedicated portable asphalt plant—A

portable asphalt plant that is located on

or contiguous to a construction site and

that provides only asphalt to the

construction site that the plant is

located on or adjacent to. The term

dedicated portable asphalt plant does

not include facilities that are subject to

the asphalt emulsion effluent limitation

guideline at 40 CFR 443.

Dedicated portable concrete plant—A

portable concrete plant that is located

on or contiguous to a construction site

and that provides only concrete to the

construction site that the plant is

located on or adjacent to.

Director means the Regional

Administrator of the Environmental

Protection Agency or an authorized

representative.

Final Stabilization means that all soil

disturbing activities at the site have

been completed, and that a uniform

perennial vegetative cover with a

density of 70% of the cover for unpaved

areas and areas not covered by

permanent structures has been

established or equivalent permanent

stabilization measures (such as the use

of riprap, gabions, or geotextiles) have

been employed.

Flow-weighted composite sample

means a composite sample consisting of

a mixture of aliquots collected at a

constant time interval, where the

volume of each aliquot is proportional

to the flow rate of the discharge.

Large and Medium municipal

separate storm sewer system means all

municipal separate storm sewers that

are either: (i) located in an incorporated

place (city) with a population of 100,000

or more as determined by the latest

Decennial Census by the Bureau of

Census (these cities are listed in

Appendices F and G of 40 CFR Part

122); or (ii) located in the counties with

unincorporated urbanized populations

of 100,000 or more, except municipal

separate storm sewers that are located in

the incorporated places, townships or

towns within such counties (these

counties are listed in Appendices H and

I of 40 CFR Part 122); or (iii) owned or

operated by a municipality other than

those described in paragraph (i) or (ii)

and that are designated by the Director

as part of the large or medium

municipal separate storm sewer system.

NOI means notice of intent to be

covered by this permit (see Part II of this

permit.)

NOT means notice of termination (see

Part IX of this permit).

Operator means any party associated

with the construction project that meets

either of the following 2 criteria: (1) The

party has operational control over

project specifications (including the

ability to make modifications in

specifications), or (2) the party has dayto-day operational control of those

activities at a project site which are

necessary to ensure compliance with the

storm water pollution prevention plan

or other permit conditions (e.g., they are

authorized to direct workers at the site

to carry out activities identified in the

storm water pollution prevention plan

or comply with other permit

conditions).

Point Source means any discernible,

confined, and discrete conveyance,

including but not limited to, any pipe,

ditch, channel, tunnel, conduit, well,

discrete fissure, container, rolling stock,

concentrated animal feeding operation,

landfill leachate collection system,

vessel or other floating craft from which

pollutants are or may be discharges.

This term does not include return flows

from irrigated agriculture or agricultural

storm water runoff.

Runoff coefficient means the fraction

of total rainfall that will appear at the

conveyance as runoff.

Storm Water means storm water

runoff, snow melt runoff, and surface

runoff and drainage.

Storm Water Associated with

Industrial Activity means the discharge

from any conveyance which is used for

collecting and conveying storm water

and which is directly related to

manufacturing, processing or raw

materials storage areas at an industrial

plant. The term does not include

discharges from facilities or activities

excluded from the NPDES program. For

the categories of industries identified in

paragraphs (i) through (x) of this

definition, the term includes, but is not

limited to, storm water discharges from

industrial plant yards; immediate access

roads and rail lines used or traveled by

carriers of raw materials, manufactured

products, waste material, or by-products

used or created by the facility; material

handling sites; refuse sites; sites used

for the application or disposal of

process waste waters (as defined at 40

CFR 401); sites used for the storage and

maintenance of material handling

equipment; sites used for residual

treatment, storage, or disposal; shipping

and receiving areas; manufacturing

buildings; storage areas (including tank

farms) for raw materials, and

intermediate and finished products; and

areas where industrial activity has taken

place in the past and significant

materials remain and are exposed to

storm water. For the categories of

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25145

3On June 4, 1992, the United States Court of

Appeals for the Ninth Circuit remanded the

exclusion for manufacturing facilities in category

(xi) which do not have materials or activities

exposed to storm water to the EPA for further

rulemaking. (Nos. 90–70671 and 91–70200).

industries identified in paragraph (xi) of

this definition, the term includes only

storm water discharges from all areas

(except access roads and rail lines)

listed in the previous sentence where

material handling equipment or

activities, raw materials, intermediate

products, final products, waste

materials, by-products, or industrial

machinery are exposed to storm water.

For the purposes of this paragraph,

material handling activities include the:

storage, loading and unloading,

transportation, or conveyance of any

raw material, intermediate product,

finished product, by-product or waste

product. The term excludes areas

located on plant lands separate from the

plant’s industrial activities, such as

office buildings and accompanying

parking lots as long as the drainage from

the excluded areas is not mixed with

storm water drained from the above

described areas. Industrial facilities

(including industrial facilities that are

Federally or municipally owned or

operated that meet the description of the

facilities listed in this paragraph (i)–(xi)

of this definition) include those

facilities designated under

122.26(a)(1)(v). The following categories

of facilities are considered to be

engaging in ‘‘industrial activity’’ for

purposes of this subsection:

(i) Facilities subject to storm water

effluent guidelines, new source

performance standards, or toxic

pollutant effluent standards under 40

CFR Subchapter N (except facilities

with toxic pollutant effluent standards

which are exempted under category (xi)

of this definition);

(ii) Facilities classified as Standard

Industrial Classifications 24 (except

2434), 26 (except 265 and 267), 28

(except 283), 29, 311, 32 (except 323),

33, 3441, 373;

(iii) Facilities classified as Standard

Industrial Classifications 10 through 14

(mineral industry) including active or

inactive mining operations (except for

areas of coal mining operations no

longer meeting the definition of a

reclamation area under 40 CFR 434.11(l)

because the performance bond issued to

the facility by the appropriate SMCRA

authority has been released, or except

for areas of non-coal mining operations

which have been released from

applicable State or Federal reclamation

requirements after December 17, 1990)

and oil and gas exploration, production,

processing, or treatment operations, or

transmission facilities that discharge

storm water contaminated by contact

with or that has come into contact with,

any overburden, raw material,

intermediate products, finished

products, byproducts or waste products

located on the site of such operations;

inactive mining operations are mining

sites that are not being actively mined,

but which have an identifiable owner/

operator;

(iv) Hazardous waste treatment,

storage, or disposal facilities, including

those that are operating under interim

status or a permit under Subtitle C of

RCRA;

(v) Landfills, land application sites,

and open dumps that have received any

industrial wastes (waste that is received

from any of the facilities described

under this subsection) including those

that are subject to regulation under

Subtitle D of RCRA;

(vi) Facilities involved in the

recycling of materials, including metal

scrapyards, battery reclaimers, salvage

yards, and automobile junkyards,

including but limited to those classified

as Standard Industrial Classification

5015 and 5093;

(vii) Steam electric power generating

facilities, including coal handling sites;

(viii) Transportation facilities

classified as Standard Industrial

Classifications 40, 41, 42 (except 4221–

25), 43, 44, 45, and 5171 which have

vehicle maintenance shops, equipment

cleaning operations, or airport deicing

operations. Only those portions of the

facility that are either involved in

vehicle maintenance (including vehicle

rehabilitation, mechanical repairs,

painting, fueling, and lubrication),

equipment cleaning operations, airport

deicing operations, or which are

otherwise identified under paragraphs

(i)–(vii) or (ix)–(xi) of this subsection are

associated with industrial activity;

(ix) Treatment works treating

domestic sewage or any other sewage

sludge or wastewater treatment device

or system, used in the storage treatment,

recycling, and reclamation of municipal

or domestic sewage, including land

dedicated to the disposal of sewage

sludge that are located within the

confines of the facility, with a design

flow of 1.0 mgd or more, or required to

have an approved pretreatment program

under 40 CFR 403. Not included are

farm lands, domestic gardens or lands

used for sludge management where

sludge is beneficially reused and which

are not physically located in the

confines of the facility, or areas that are

in compliance with 40 CFR 503;

(x) Construction activity including

clearing, grading and excavation

activities except: operations that result

in the disturbance of less than five acres

of total land area which are not part of

a larger common plan of development or

sale;

(xi) Facilities under Standard

Industrial Classifications 20, 21, 22, 23,

2434, 25, 265, 267, 27, 283, 285, 30, 31

(except 311), 323, 34 (except 3441), 35,

36, 37 (except 373), 38, 39, 4221–25,

(and which are not otherwise included

within categories (i)–(x)).3

Waters of the United States means:

(a) All waters which are currently

used, were used in the past, or may be

susceptible to use in interstate or foreign

commerce, including all waters which

are subject to the ebb and flow of the

tide;

(b) All interstate waters, including

interstate ‘‘wetlands’’;

(c) All other waters such as interstate

lakes, rivers, streams (including

intermittent streams), mudflats,

sandflats, wetlands, sloughs, prairie

potholes, wet meadows, playa lakes, or

natural ponds the use, degradation, or

destruction of which would affect or

could affect interstate or foreign

commerce including any such waters:

(1) Which are or could be used by

interstate or foreign travelers for

recreational or other purposes;

(2) From which fish or shellfish are or

could be taken and sold in interstate or

foreign commerce; or

(3) Which are used or could be used

for industrial purposes by industries in

interstate commerce;

(d) All impoundments of waters

otherwise defined as waters of the

United States under this definition;

(e) Tributaries of waters identified in

paragraphs (a) through (d) of this

definition;

(f) The territorial sea; and

(g) Wetlands adjacent to waters (other

than waters that are themselves

wetlands) identified in paragraphs (a)

through (f) of this definition.

Waste treatment systems, including

treatment ponds or lagoons designed to

meet the requirements of the CWA are

not waters of the United States.

[FR Doc. 00–10518 Filed 4–27–00; 8:45 am]

BILLING CODE 6560–50–P