The State of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

February 7, 2014 

Mr. David Webster, Chief 

Water Permits Branch 

Thomas S. Burack, Commissioner 

Office of Ecosystem Protection 

EPA New England 

5 Post Office Square, Suite 100 (OEP 06-1) 

Boston, MA 02109-3912 

Subject: Conditional State Certification of Multi-Sector General Permit for 

Stormwater Discharges Associated with Industrial Activity (MSGP) 

NPDES Permit No. NHR05 

Dear Mr. Webster: 

By letter dated November 22,2013, the U.S. Enviroiunental Protection Agency (EPA) requested 

State Certification of the proposed reissuance of the NPDES General Permit for Storm Water 

Discharges Associated with Industrial Activity (Multi-Sector General Permit/MSGP). 

The EPA publicly noticed the availability of the 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 staff review, State Certification is hereby granted pursuant to Section 401 of 

the Clean Water Act. The certification is conditioned on the addition of the enclosed New 

Hampshire State Certification Requirements to Part 9 of the permit. Further, should the final 

version of the permit contain any significant changes that affect NH statutes or regulations we 

may need to modify our certification. 

If you have any questions relative to this matter please call Jeff Andrews at (603) 271-2984. 

~~~ 

S,~~?' / /~ / 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 General Permit for 

Stormwater Discharges Associated with Industrial Activity 

9. State Permit Conditions Applicable to New Hampshire 

9.1 Consider Opportunities for on-site infiltration of stormwater 

In Part 2.1.1 Control Measure Selection and Design Considerations, you are required to 

consider opportunities for infiltrating runoff onsite. This is encouraged, but it should only be 

done if consistent with the statutes and rules of the Department of Environmental Services 

written to protect groundwater, including Env-Wq 1507.04(e). Infiltration best 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, or in drainage areas 

at the facility where a certification of no exposure will always be possible [see ~OCFR122.26(g)]. 

9.2 Maintenance of infiltration 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 of control measures, perform inspections and 

maintenance, and keep records. Accordingly, the SWPPP must contain the following: 

9.2.1 A description of and the location of each on-site infiltration BMP installed; 

9.2.2 The maintenance procedures that will be followed to ensure proper operation, 

including the removal of sediment 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 stormwater being 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 ofthe position) who is a member of the 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 or Register on-site infiltration BMP if necessary 

If at any time a certification of no exposure can no longer be made for any of the storm water 

to be infiltrated, then the infiltration BMP must cease for that portion of the runoff or the 

discharge must be permitted or registered as appropriate. The following may be-required: 
• Infiltration BMP that meet the definition of a Class V well or that 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-W q 402, if the storm water 

will or may contain regulated contaminants. 

The SWPPP must be modified immediately if new infiltration BMP are proposed or if 

existing infiltration BMP will cease. 

9.4 Required NHDES notification 

9.4.1 Notify the NHDES Groundwater Discharge Permit Coordinator immediately if you 

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 of any plans 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 by NHDES. This information must be 

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 of all on-site 

infiltration BMP utilized at the facility or the reason(s) why none were installed. 

9.5.2 A list of all 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 of the 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 of Environmental Services 

Wastewater Engineering Bureau 

Permits & Compliance Section 

P.O. Box 95 

Concord, NH 03302-0095 
9.7 Modification of Clean Water Act Section 401 Water Quality Certification 

When NHDES determines that additional water quality certification requirements are 

necessary to the protect water quality, it may require individual dischargers to meet additional 

conditions to obtain or continue coverage under the MSGP. Any such conditions shall be 

supplied -to the permittee in-writing. Any required 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.