The State ofNew Hampshire DEPARTMENT OF ENVIRONMENTAL SERVICES

February 7, 2014 Mr. David Webster, Chief Water Permits Branch 

### Thomas S. Burack, Commissioner

Office ofEcosystem Protection EPA New England 5 Post Office Square, Suite 100 (OEP 06-1) Boston, MA 02109-3912 Subject: Conditional State Certification ofMulti-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) NPDES PermitNo. NHR05 Dear Mr. Webster: By letter dated November 22,2013, the U.S. Enviroiunental Protection Agency (EPA) requested State Certification ofthe proposed reissuance ofthe NPDES General Permit for Storm Water Discharges Associated with Industrial Activity (Multi-Sector General Permit/MSGP). The EPA publicly noticed the availability ofthe draft permit, including the Fact Sheet, in the Federal Register dated September 27, 2013. The Public Notice provided a public comment period until November 26, 2013. The public notice stated that the draft permit and fact sheet could be obtained at the EPA website at http://www.epa.gov/npdes/stormwater/msgp. After appropriate staffreview, State Certification is hereby granted pursuant to Section 401 of the Clean Water Act. The certification is conditioned onthe addition ofthe enclosedNew Hampshire State Certification Requirements to Part 9 ofthe permit. Further, should the final version ofthe permit contain any significant changes that affect NH statutes or regulations we may need to modify our certification. Ifyou have any questions relative to this matterplease call JeffAndrews at (603) 271-2984.



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**~~~** / Harry
.. · ewart P.E., Ouector Water Divisioo.

cc: Thelma Murphy, EPA-Boston Paul Heirtzler, P.E., Esq., Wastewater Engineering Bureau Christian Williams, Federal Consistency Coordinator, NH Coastal Program, DES- Portsmouth F:\JEFF\13LTR13.doc

DES Web site: www.des.nh.gov P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone: (603) 271-3503 • Fax: (603) 271-2982 • TDD Access: Relay NH 1-800-735-2964

### New Hampshire State Certification Requirements NPDES Multi-Sector GeneralPermitfor StormwaterDischarges Associated with IndustrialActivity
9. State PermitConditions Applicable to New Hampshire 9.1 Consider Opportunities for on-site infiltration ofstormwater In Part 2.1.1 Control Measure Selection and Design Considerations, you are required to consider opportunities for infiltrating runoffonsite. This is encouraged, but it should only be done ifconsistent with the statutes and rules ofthe Department ofEnvironmental Services written to protect groundwater, including Env-Wq 1507.04(e). Infiltrationbest management practices are not recommended at industrial sites except in areas where industrial activities do not occur, such as at office buildings and their associated parking facilities, orin drainage areas at the facility where a certification ofno exposure will always be possible [see

**~OCFR122.26(g)].** 

### 9.2 Maintenance ofinfiltration best management practices In Part 2.1.2.3 you are required to maintain control measures. In Parts 5.2.2, 5.2.5.1 and 5.5 you are required to document the location ofcontrol measures, perform inspections and maintenance, and keep records. Accordingly, the SWPPP must contain the following: 

### 9.2.1 A description ofand the location ofeach on-site infiltration BMP installed; 

### 9.2.2 The maintenance procedures that will be followed to ensure proper operation, including the removal ofsediment from pretreatment devices; 

### 9.2.3 The inspection procedures that will be followed at least annually. These should include the procedures for ensuring that the stormwaterbeing infiltrated is not exposed to industrial pollutants and the procedures for ensuring proper drainage to prevent mosquito breeding; 

### 9.2.4 The employee name (or title oftheposition) who is a member ofthe stormwater pollution prevention team (see Part 5.2.1) who will be responsible for the maintenance required in Part 9.2.2, the inspection required in Part 9.2.3 and any necessary corrective actions required in Part 4; and 

### 9.2.5 Records for all maintenance performed, inspections conducted, and corrective actions taken. 

### 9.3 Discontinue, Permit orRegister on-site infiltration BMP ifnecessary Ifat any time a certification ofno exposure can no longer be made for any ofthe stormwater to be infiltrated, then the infiltration BMP must cease for that portion ofthe runoffor the discharge mustbe permitted orregistered as appropriate. The following may be-required:• Infiltration BMP that meet the definition ofa Class V well orthat infiltrates stormwater via a subsurface structure (i.e. concrete chambers, dry well, leach field, etcetera) will need an underground injection control (UIC) registration from NHDES; and • Permitting as a groundwater discharge as required in Env-Wq 402, ifthe stormwater will ormay containregulated contaminants. The SWPPP must be modified immediately ifnewinfiltration BMP are proposed orif existing infiltration BMP will cease. 9.4 Required NHDES notification 9.4.1 Notify the NHDES Groundwater Discharge Permit Coordinator immediately ifyou believe that any infiltration BMP may need to be permitted or registered (see Part 9.3) during the permit term. 9.4.2 Notify the NHDES WasteV:;ater Engineering Bureau immediately ofanyplans to discharge any new non-stormwater discharges during the permit term. This does not include the allowable non-stormwater discharges listed in Part 1.1.3 9.5 Information that may be requested by NHDES To ensure compliance with RSA 485-C, RSA 485-A, RSA 485-A:l3, I(a), Env-Wq 400 and Env-Wq 401 the following information may be requested byNHDES. This information mustbe kept on site unless you receive a written request from NHDES that it be sent to the address shown in Part 9.6. 9.5.1 The site map required in Part 5.2.2, showing the type and location ofall on-site infiltration BMP utilized at the facility or the reason(s) why none were installed. 9.5.2 A list ofall non-stormwater discharges that occur at the facility, including their source locations and the control measures being used (see Parts 1.1.3. and 5.2.3.4). 9.5.3 A copy ofthe Annual Reports required in Part 7.5
9.6 Where to submit information to NHDES Information submitted to NHDES must be sent to the following address: NH Department ofEnvironmental Services Wastewater Engineering Bureau Permits & Compliance Section P.O. Box 95 Concord, NH 03302-00959.7 Modification ofClean Water Act Section 401 Water Quality Certification WhenNHDES determines that additional water quality certificationrequirements are necessary to the protect water quality, it may require individual dischargers to meet additional conditions to obtain or continue coverage underthe MSGP. Any such conditions shall be supplied

- to the permittee in

-writing. Anyrequired pollutant loading analyses
_ and any _

designs for structural best management practices necessary to protect water quality must be prepared by a civil or sanitary engineer registered in New Hampshire.