# MS4 General Permits

and the Six Minimum

Control Measures

A Compendium of Permit Requirements

Office of Water

U.S. Environmental Protection Agency

October 2015Page 1 This compendium document is intended as a companion resource to help illustrate what types of permit

provisions may qualify as “clear, specific, and measurable” requirements under the proposed

“Traditional General Permit Approach” (Option 1). The examples included in this compendium are subject to change based on feedback received during the public comment period for the proposed rule.

In the Federal Register notice for the proposed rule, EPA requests comment on the types of examples

included in this compendium, and requests further suggestions on other permit language that EPA

should consider including in this compendium for the final rule.

Note about examples included: EPA included excerpts of permits that include “clear, specific, and

measurable” requirements. Permit requirements that are more general and are not specific or

measurable are not included. Excerpts of the actual permit language is included in 10 pt Times New

Roman font

, with “clear, specific, and measurable” requirements highlighted in gray (for emphasis).

Permit excerpts are included from the following small MS4 general permits:

California

– General Permit No. CAS000004 issued 2/5/13, expires 6/30/18

DRAFT Colorado

– Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems

CDPS General Permit COR090000

Connecticut

– General Permit for the Discharge of Stormwater from Small Municipal Separate Storm

Sewer Systems Issued: Re

‐ issuance Date: January 9, 2013

DRAFT Connecticut ‐ General Permit for the Discharge of Stormwater from Small Municipal Separate

Storm Sewer Systems

Maine

– General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer

Systems MER041000, effective 7/1/13

Maryland

– General Permit for Discharges from Small Municipal Separate Storm Sewer Systems General
Discharge Permit No. 03

‐ IM

‐ 5500; General NPDES Permit No. MDR055500; effective 4/14/03,

expires 4/14/08

DRAFT Massachusetts
‐ General Permits for Stormwater Discharges from Small Ms4s In Massachusetts

North Coastal Watersheds

Minnesota

– Minnesota Small MS4 general permit (NPDES Number MNR040000) issued 8/1/13, expires 7/31/18

DRAFT New Hampshire

– 2013 NH Small MS4 Draft General Permit

New Jersey

– Permit No.NJ0141852 Dst090002 Stormwater Discharge Master General Permit, Tier A.

New Mexico (Middle Rio Grande)

– General Permit No. NMR04A000 issued 12/11/15, expires 12/19/19

New York

– SPDES General Permit for Stormwater Discharges From Municipal Separate Storm Sewer

Systems Permit No. Gp

‐ 0

‐ 10

‐ 002

Ohio

– Permit No. OHQ000003 issued 09/11/14, expires 09/10/19

DRAFT Pennsylvania
‐ PAG

‐ 13 Authorization to Discharge under the NPDES General Permit For

Stormwater Discharges From Small MS4s

Tennessee

– Tennessee Small MS4 general permit (NPDES Number TNS000000) issued 8/31/10, expires 9/1/15

Texas

– TCEQ General Permit Number TXR040000 Relating To Discharges from Small Municipal Separate

Storm Sewer Systems, effective 12/13/13, expires 12/12/18

Vermont

– Vermont Small MS4 general permit (NPDES Number VTR040000) issued 12/5/12, expires 12/5/17

West Virginia ‐ Permit No. WV0116025, issued 7/11/14, expires 8/11/19Page 2 Western Washington

– NPDES and State Waste Discharge General Permit for discharges from Small

MS4s in Western Washington; Issuance Date: August 1, 2012 Expiration Date: July31, 2018 1

Wisconsin

– Permit No. WI

‐ S050181

‐ 1 issued 5/1/14, expires 4/30/19

1 The Western Washington Phase II MS4 permit has requirements for Permittees and Secondary Permittees. A “Secondary Permittee” is an operator of a regulated small MS4 that is not a city, town or county. Secondary

Permittees include special purpose districts and other MS4s that meet the criteria for a regulated small MS4. This

document summarizes Permittee requirements only.Page 3 Table of Contents

Public Education and Outreach

..................................................................................................................... 4

Public Involvement

............................................................................................................................... ........ 8

Illicit Discharge Detection and Elimination

................................................................................................. 10

Construction Site Runoff

............................................................................................................................. 13

Post

‐ Construction Runoff

............................................................................................................................ 18

Good Housekeeping

............................................................................................................................... ..... 29

Monitoring

............................................................................................................................... ................... 34

Reporting

............................................................................................................................... ..................... 37

BMP Manual References

............................................................................................................................. 38

Other Requirements

............................................................................................................................... .... 40Page 4 

## Public Education and Outreach

Vermont

– Part IV.H.1

Requires permittees to maintain a stormwater website and participate in regional stormwater

outreach program, or develop its own program. (Part IV.A.1.a)
... At a minimum, the permittee must: (1) maintain on its own or in cooperation with other small MS4s a web site with locally relevant stormwater management information and promote its existence and use, and: (2) participate in the regional st ormwater education and outreach stra tegy described in the March 10, 2008 memorandum of agreement between designated small MS4s, the Chittenden County Regional Planning Commission and the Vermont Agency of Natural Resources, or subsequent amendment approved by the Secretary, or (3) in another regional stormw ater education strategy if approved by the Agency, or (4) submit a plan based on the following EPA guidance documents: Fact Sheet 2.3, Stormwater Phas e II Final Rule, Public Educa tion and Outreach Minimum Control Measure (January, 2000), http://www.epa.gov/npdes/pubs/fact2-3.pdf ; National Menu of Best Management Prac tices for NPDES Stormwater Phase II, http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm ; Measurable Goals Guidance for Phase II Small MS4s, http://cfpub.epa.gov/npdes/stormwater/measurablegoals/index.cfm or, (5) Undertake the following activities: (a) Develop or acquire informational brochures relevant to local stormwater concerns. (b) Distribute stormwater related brochures at least twice in the first year and once in subsequent years. Distribution must be town-wide for municipalities. Non-traditional small MS4s must distribute such materials to those who routinely use their facilities. (c) Seek the cooperation of the local news media to run two or more stormw ater-related news or feature stories per year. (d) For municipalities: develop elementary, middle school or high school education materials or curricula regarding local stormwater concerns based on new or existing material; conduct teacher training in at least 4 schools and in each subsequent year maintain program

information and hold at least one re fresher teacher training course. (e) For nontraditional small MS4s: Develop and implement public education campaigns (in addition to the brochure distributions) reasonabl y designed to educate frequent facility users.



### Western Washington

– S5.C.1

Requires permittees to educate target audiences and best management practices (BMP) pre

‐ selected

by permitting authority.

... The minimum performance measures are: a. Each Permittee shall provide an education and outreach program for the ar ea served by the MS4. The program shall be designed to educate target audiences about the st ormwater problem and provide specific actions they can follow to minimize the problem. i. To build general awareness, Permittees shall select from the following target audiences and subject areas: (a) General public (including school age children), and businesses (including home-based and mobile businesses) • General impacts of stormwater on surface waters. • Impacts from impervious surfaces. • Impacts of illicit discharges and how to report them. • Low impact development (LID) principles and LID BMPs. • Opportunities to become involved in stewardship activities. (b) Engineers, contractors, developers and land use planners • Technical standards for stormwater site and erosion control plans. • LID principles and LID BMPs.

• Stormwater treatment and flow control BMPs/facilities.Page 5 ii. To effect behavior change, Permittees shall select from the following target audiences and

BMPs:(a) General public (which may include school age children), businesses (including homebased and mobile businesses) • Use and storage of automotive chemicals, hazardous cleaning supplies, carwash soaps

and other hazardous materials. • Equipment maintenance. • Prevention of illicit discharges. (b) Residents, landscapers and property managers/owners • Yard care techniques protective of water quality. • Use and storage of pesticides and fertilizers and other household chemicals. • Carpet cleaning and auto repair and maintenance. • Vehicle, equipment and home/building maintenance. • Pet waste management and disposal. • LID principles and LID BMPs. • Stormwater facility maintenance. • Dumpster and trash compactor maintenance. c. Each Permittee shall measure the understanding and adoption of the targeted be haviors for at least one target audience in at least one subject area. No la ter than February 2, 2016, Permittees shall use the resulting measurements to direct education and outreach resources most effectively, as well as to evaluate changes in adoption of the targeted behaviors. Permittees may meet this requirement individually or as a member of a regional group.



### Maine

– IV.H.1.a.

The permit requires a BMP Adoption Plan which will achieve a 15% additional BMP adoption rate within

five years.

iii. Targeted BMP Adoption: Beginning July 1, 2013, the permittee shall continue outreach efforts from the previous MS4 General Permit while developing or revising a new BMP Adoption Plan.

1. By January 15, 2014, each permittee or stormwater group of which the permittee is a member shall have a new or revised Adoption Plan with the goal of promoting behavior change through the implementation of BMPs. Each permittee or stormwater group shall select at least one sp ecific BMP to target for a focused

outreach Plan. In order to facilitate statewide consistency and efficien t use of resources, permittees may work collaboratively to develop and implement a Statewide BMP Adoption Plan that allows for regional flexibility.

The permittee shall target at least 15% of the segmented audience to adopt the targeted BMPs.

2. By November 1, 2013, the permittee shall submit the draft BMP Adoption Plan to the Department for review and approval. The BMP Adoption Plan is consid ered approved as of Ja nuary 15, 2014, unless the permittee receives written communication from the De partment indicating non- approval. The permittee shall begin implementation of the BMP Adoption Plan within one week of its approval.

The BMP Adoption Plan must identify: a) The BMP b) The target audience c) The outreach tool(s) to be used d) The message e) The distribution system f) The time line and implementation schedule g) The person(s) responsible for implementation h) An impact evaluation protocol i) A plan modification protocol (this must include DEP approval of significant plan modifications) j) The goal (e.g. the target le vel BMP adoption for each audience)Page 6 NOTE: For example, if 10% of dog owners are picking up pe t waste in public parks, then in five years the permittee will seek to raise the percentage of dog owners picking up pet waste and disposing of it in the trash to 25% in public parks. Or if 50% of the homeowners are using weed & feed lawn care chemicals, seek to reduce the number to 35%.



### New Jersey

– Part IV.F.4 & Attachment E

The permit specifies that the public education program must achieve a certain number of points that

have been assigned to a variety of department

‐ approved activities described in Attachment E of the

permit.

a. Local Public Education Program

...

i. Minimum Standard - Tier A Municipalities shall annually conduct educational activities that total a minimum of 10 points. Each approved activity is listed and has been assigned a point value in Attachment E of the permit.

ii. Measurable Goal - Tier A Municipalities shall certif y annually that they have accumulated the number of points required to meet the Local Public Education Program minimum standard. Exact dates (e.g., month, day, year) and details of each educational activity (e.g., photos of the mural) shall be reported to the Department in the Annual Report.

Attachment E - Local Public Education Approved Activities and Point Totals

A. Tier A Municipalities shall conduct educational activities that total a minimum of 10 points annually. Each approved activity is listed below with an assigned point value.

1. School Presentations - Present educational classe s/assemblies to local el ementary, middle, and/or high school classes. (1 point per visit / maximum of 5 points per year)

2. Website – Maintain a stormwater related page on the municipal website and include a link to www.cleanwaternj.o rg. (1 point)

3. Stormwater Display – Present a stormwater related display and materials at any municipal event (e.g., Earth Day, town picnic) or maintain a display at the municipal building (2 points)

4. Giveaway – Distribute an item with a stormwater related message (e.g. refrigerator magnets, temporary tattoos, bookmarks, coloring books, and pens or pencils). Municipality must purchase a minimum number of the item equal to 10% of the municipal population. (2 points)

5. Citizen Stormwater Adviso ry Committee – Establish a subc ommittee to the Environmental Commission to identify, coordinate and implemen t stormwater related programs. (2 points)

6. Utilize Department Materials - Use Department cr eated stormwater education materials, which can be found on www.cleanwaternj.org to publish an ad in a newspaper that serves the municipality; broadcast a radio or television commercial on a local radio or municipal public service channel; produce a billboard or sign which can be displayed on a bus, bus stop shelter, or at a recreation field (outfield sign). (2 points each / maximum of 4 points per year)

7. Poster Contest – Organize a poster contest with a local school district. Poster themes shall have an appropriate stormwater message. Posters are to be displayed at buildings within the municipality such as at the town hall, library, or school. (2 points)

8. Stormwater Training for Elected Municipal Officials – Conduct a program for all elected municipal

officials which educates them on the Stormwater Management Rules (N.J.A.C. 7:8), Tier A Permit and what steps the municipality has already taken to minimize stormwater pollution. (3 points)Page 7 9. Mural – Facilitate the planning and painting of a stormwater pollution themed mural at a local downtown/commercial area. (3 points)

10. Mailing – Distribute any of the Department’s ed ucational brochures, tip cards, or a municipally produced equivalent (e.g, calendar, recycling schedule), to every resident and business in the municipality. (3 points)

11. Partnership Agreement / Local Event - Identify an d enter into a partnership agreement with a local group such as a watershed organization, Riverkeeper, school, youth/faith based group and/or other nonprofit to carry out a minimum of two (2) wate rshed stewardship/education activities (e.g., litter
march, stream/beach cl eanup). (3 points)

12. Ordinance Education – Distribute a letter from the mayor to every resident and business in the municipality highlighting the requirements and environmental benefits of the Pet Waste, Litter, Improper Disposal of Waste, Wildlife Feeding, Yard Waste, Illicit Connection, Refuse Container, and Private Storm Drain Inlet Retrofitting Ordinances. This letter/article must also reference a page on the municipal website (if applicable) to which residents can go to read these ordinances. (5 points)

* Posting these ordinances does not constitute th e development of a website referenced above.



### Ohio

– Part III.B.1.c

The permit quantifies the percentage of the permittee’s population that the public education program

must reach.
c. Performance Standards. Your storm water public education and outreach pr ogram shall include more than one mechanism and target at least five different storm water themes or messages over the permit term. At a minimum, at least one theme or message shall be targeted to the development community. Your storm water public education and outreach program shall reach at least 50 percent of your population over the permit term.



### California

– Part E.7.a.(ii)(b)

The permit requires that MS4s implement a public awareness survey at least twice a permit term. (a) Develop and implement a public education strategy that establishes education tasks based on water quality problems, target audiences, and anticipated task effectiveness. The strategy must include identification of who is responsible for implem enting specific tasks and a schedule for task implementation. The strategy must demonstrate how specific high priority storm water quality issues in the community or local pollutant s of concern are addressed. (b) Implement surveys at least twice during the permit term to gauge the level of awareness in target

audiences and effectiveness of education tasks.



### DRAFT Colorado

– Part I.E.1.a.ii.

The permit specifies required education and outreach activities that permittees must select from.
Education and Outreach Activities Table: The permi ttee must implement at least two education and outreach activities (bulleted items) from each column each year. The activities can be the same from year to year or be different each year.Page 8 

### DRAFT Massachusetts

– Part 2.4.2.1.a.

The permit specifies required education and outreach activity frequency and the activities that

permittees must select from.
a. The educational program shall in clude education and outreach efforts for the following four audiences: (1) residents, (2) businesses, institutions, and commerci al facilities, (3) developers (construction), and (4)

industrial facilities. b. Beginning the first year of the permit the permittee shall distribute a minimum of two (2) educational messages over the permit term to each audience identified in Part 2.4.2.1(a) (The permittee shall distribute at least eight educational messages). The distribution of materials to each audience shall be spaced at least a year apart. Educational messages may be printed mate rials such as brochures or newsletters; electronic materials such as websites; mass media such as news paper articles or public se rvice announcement (radio or cable); or poster displays in a public area such as town/city hall. The permittee may use existing materials if they are appropriate for the message th e permittee chooses to deliver or the permittee may develop its own educational materials. The permittee may partner with other MS4s or groups to implement the education program. c. The permittee shall at a minimum consider the topi cs listed in paragraphs 2. 4.2.1 (c) (i – iv) when developing the outreach/education program. The topics are not exclusive and the permittee shall focus on those topics most relevant to the community.Page 9 

## Public Involvement

Vermont

– Part IV.H.2

Permit includes a list menu of options Permittee must choose for public involvement. (Part IV.H.2.a)
a) The permittee must implement a public involvement/participation program, which at a minimum, complies with State and local public notice requirements, and includ es at least three of the following: (1) Form a citizen stormw ater advisory panel. (2) Establish or support a water quality monitoring program involving citizen volunteers. (3) Institute an on-going public worksh op series on stormwater awareness. (4) Institute a continuing storm drain stenciling project. (5) Sponsor periodic community stream corridor clean-up days. (6) Establish and support a citi zen “stormwater watch” group. (7) Create or support an “adopt-a-stream” program. (8) Undertake a program similar in content and scope to the above with the permission of the Secretary. (9) As an alternative to implementing three activities from the above list the permittee may participate the regional stormwater public involvement and participation program described in the May 1, 2011 memorandum of understanding between the designated small MS4s and the Chittenden County Regional Planning Commission, or subsequent amendments as approved by the Secretary, or in a regional public involvement and partic ipation strategy if approved by the Secretary.



### Minnesota

– Part 3.D.2

Permit requires at least one annual public meeting or other opportunity for public input. New permittees shall develop and implement, and existing permittees shall revise their current program, as necessary, and continue to implement, a Public Participation/Involvement program to solicit public input on the SWPPP. The permittee shall:

(1) Provide a minimum of one (1) opportunity annually for the public to provide input on the adequacy of the SWPPP. Public m eetings can be conducted to satisfy this requirement provided appropriate local public notice requirements are followed and opportunity to review and comment on the SWPPP is provided. (2) Provide access to the SWPPP document, A nnual Reports, and other documentation that supports or describes the SWPPP (e.g., Regulatory Mechanism(s), etc.) for public review, upon request. All public data requests are subject to the Minnesota Government Data Practices Act, Minn. Stat. § 13. (3) Consider public input, oral and written, submitted by the public to the permittee, regarding the

SWPPP.



### Western Washington

– S5.C.2

Permit requires SWMP and annual reports to be online by deadline or submitted to Ecology for posting

on their webpage.

b. Each Permittee shall post on their website their SWMP Plan and the annual report required under S9.A no later than May 31 each year. All other submittals shall be available to the public upon request. To comply with the posting requirement, a Permittee that does not maintain a website may submit the updated SWMP in electronic format to Ecology for posting on Ecology’s website.



### Western Washington

– Part 7 of the NOI form (Appendix 5 of permit)

Permit’s notice of intent form requires the permittee to list dates when the two required public notices

about the NOI were published in the newspaper.

Part 7 – Public Notice A public notice must be published at least once each we ek for two consecutive weeks in a single newspaper of general circulation in the county or city in which th e district or entity is located. See the NOI instructionsPage 10 for the public notice language requirements. Permit covera ge will not be granted sooner than 31 days after the date of the second public notice.



### DRAFT Pennsylvania

– Part C.I.B.2.b.

Permit requires that all ordinances, SOPs and plans be advertised to public with opportunities for review. BMP #2: Prior to adoption of any Stormwater Management Ordinance (for municipalities) or Standard Operating Procedure (SOP) (for non-municipal entities) required by this General Permit, and, where applicable, prior to the submission of any plan or report required by Part C of this General Permit to DEP, provide adequate public notice and opportunities for public review, input, and feedback.

The permittee shall advertise any proposed Stormwater Management Ordinance, SOP, report and/or plan required by Part C; provide opportunities for public comment; evaluate any public input and feedback; and document the comments received and the permittee’s response



## Illicit Discharge Detection and Elimination

Western Washington

– S5.C.3.b

Permit specifies conditions under which conditionally allowable discharges can be authorized.
ii. Conditionally Allowable Discharges: The regulatory mechanism may allow the following categories of non-stormwater discharges only if the stated conditions are met: • Discharges from potable water sources, including but not limited to water line flushing,

hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetr ically and velocity controlled to prevent resuspension of sediments in the MS4. • Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized

through, at a minimum, public education activities (see section S5.C.1) and water conservation

efforts. • Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a

total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent re-suspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increas e in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. • Street and sidewalk wash water, water used to control dust, and routine external building washdown

that does not use detergents. The Permittee shall reduce these discharges through, at a minimum, public education activities (see section S5.C.1) and/ or water conservation efforts. To avoid washing pollutants into the MS4, Permittees shall minimize the amount of street wash and dust control water

used. • Other non-stormwater discharges. The discharges sh all be in compliance with the requirements of a

pollution prevention plan reviewed by the Permitt ee, which addresses contro l of such discharges.



### Western Washington

– S5.C.3.c

Permit requires specific phased schedule of outfall field screening.

c. ... All Permittees, except for the City of Aberdeen, shall complete field screening fo r at least 40% of the MS4 no later than December 31, 2017, and on average 12 % each year thereafter. The City of Aberdeen shall complete field screening for at least 40% of the syst em no later than June 30, 2018 and on average 12% each year thereafter.



### Western Washington

– S5.C.3.d

Permit specifies required investigation protocol and timeframes.
iv. Compliance with the provisions in (i), (ii), and ( iii), above, shall be achieved by meeting the following

timelines:Page 11 • Immediately respond to all illicit discharges, incl uding spills, which are determined to constitute a

threat to human health, welfare, or the envi ronment, consistent with General Condition G3. • Investigate (or refer to the appropriate agency with the authority to act) within 7 days, on average, any complaints, reports or monitoring information that indicates a potential illicit discharge. • Initiate an investigation within 21 days of any report or discovery of a suspected illicit connection to

determine the source of the connection, the nature and volume of discharge through the connection, and the party responsible for the connection. • Upon confirmation of an illicit c onnection, use the compliance strategy in a documented effort to

eliminate the illicit connection within 6 months. A ll known illicit connections to the MS4 shall be

eliminated.



### West Virginia

– II.C.7.c.

Permit specifies that new MS4s must conduct a least one field assessment for illicit discharges per year. 20) Field assessment activities are to include: (a) Inspection of priority outfalls, (b) Dry weather screening, (c) New permittees shall prioritize receiving waters fo r visual inspection no late r than three years from the effective date of this permit, including a field assessment of at least two water bodies. (d) At a minimum, new permittees shall ensure one field assessment shall be made each year

thereafter. (e) Screening for illicit connections shall be condu cted consistent with the manual titled" Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection, October 2004", or another methodology of comparable effectiveness.



### New Jersey

– Part IV.F.5

The permit requires the permittees develop eight separate ordinances to control the improper disposal of

waste.

e. Yard Waste Ordinance / Collection Program i. Minimum Standard -Tier A Municipalities shall have adopted and shall enforce an ordinance that prohibits placing non-containerized yard wastes in the cartway of the street or shall have developed and implemented a yard waste collection and disposal program. A yard waste collection program shall include the adoption and enforcement of an ordinance prohibiting the placing of yard waste closer than 10 feet from any storm sewer inlet along the street, unless they are bagged or otherwise containerized. The frequency of pickups shall be determined at the discretion of the Tier A Municipality but must be part of a set yard waste collection schedule which is noticed to all municipal residents and businesses. Any area, which the municipality determines to have no yard waste, will be exempt from the collections. ii. Measurable Goal -Tier A Municipalities shall certify annually that they have met the Yard Waste minimum standard. Tier A Municipalities that have chosen to implement the yard waste collection program must include the collection schedule dates in the annual report. iii. Implementation - On March 1, 2009 and thereaft er, Tier A Municipalities shall implement the Yard Waste Ordinance / Collection Program minimum standard. h. Private Storm Drain Inlet Retrofitting Ordinance i. Minimum Standard - Tier A Municipalities shall adopt and enforce an ordinance requiring the retrofitting of existing storm drain inlets to meet the standard in Attachment C of the permit which are in direct contact with repaving, repairing (excluding repair of individual potholes), reconstruction, resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), or alterations of facilities on property not owned or operated by the municipality (except individual single family homes). ii. Measureable Goal - Tier A Municipalities shall certify annually that they have met the Private Storm Drain Inlet Retrofitting Ordinance minimum standard. iii. Implementation - Tier A Municipalities shall have adopted and begun enforcing the Private Storm Drain Inlet Retrofitting Ordinance minimum standard by September 1, 2010.Page 12 

### New Mexico (Middle Rio Grande)

– Part I.D.5.(e)(iii)

Permit requires screening of storm sewer system at set frequencies.
(iii) The permittee must screen the entire jurisdiction at least once every five (5) years and high priority areas at least once every year. High priority areas include any area where there is ongoing evidence of illicit discharges or dumping, or wh ere there are citizen complaints on more than five (5) separate events within twelve (12) months. The permittee must: (a) Include in its SWMP document a description of the means, methods, quality assurance and controls protocols, and schedule for successfully implementing the required screening, field monitoring, laboratory analysis, investigations, and analysis evaluation of data collected. (b) Comply with the dry weather screening prog ram established in Table 6 and the monitoring requirements specified in Part III.A.2. (c) If applicable, implement the priority rank ing system develop in previous permit term.



### California

– Part E.9.c

Permit includes requirements to conduct dry weather screening of any flowing outfalls and compare to

Action Level Concentrations. E.9.c. Field Sampling to Detect Illicit Discharges (i) Task Description – Within the second year of the effective date of the permit (e.g. while conducting the outfall inventory under Section E.9.a. ), the Permittee shall sample any outfalls that are flowing or ponding more than 72 hours after the last rain ev ent. The Permittee shall also conduct dry weather sampling (more than 72 hours since th e last rain event) of outfalls a nnually identified as priority areas.

... (b) Verify that indicator parameters, as specified in Table 2 Action Level Concentrations for Indicator Parameters are not exceeded. Alternatively, th e Permittee may tailor Table 2 to align with parameters based on local knowledge of pollutants of concern. Modifications and associated justifications shall be identified within SMARTS prior to conducting field sampling as specified in Section E.9.c.(i).

Table 2. Action Level

Concentrations for Indicator

Parameters Indicator Parameter Action Level Concentration

Ammonia >= 50 mg/L

Color >= 500 units Conductivity >= 2,000 μ S/cm Hardness <= 10 mg/L as CaCO3 or >= 2,000 mg/L as CaCO3 pH <= 5 or >=9 Potassium >= 20 mg/L Turbidity >= 1,000 NTU



### California

– Part E.9.d

Permit includes requirements to investigate illicit discharges within a certain timeframe
(ii) Implementation Level - At a minimum, the Permit tee shall conduct an investigation(s) to identify and locate the source of any suspected illicit discha rge within 72 hours of becoming aware of the suspected illicit discharge. For investigations that require more than 72 hours, the Permittee shall identify the actions being taken to identify and lo cate the source of the suspected illicit discharge. (a) Non-storm water discharges suspected of being sanitary sewage and/or significantly

contaminated shall be inve stigated within 24 hoursPage 13 

### DRAFT New Hampshire

– Part 2.3.4.9.c.

Permit specifies benchmark levels to conduct catchment investigations and includes investigation

requirements (percentages) for all problem catchments and all catchments.
c. The permittee shall implement the Catchment Inves tigation Procedure in every catchment of the MS4, even where dry weather screening does not indicate evidence of illicit discharges. The permittee shall begin implementation of the procedure in Problem Catchments and those catchments with the highest ranking in the Assessment of Priority Catchments pursuant to 2.3.4.8.c. Implementation of the Catchment Investigation Procedure shall comply with the following milestones. For purposes of these milestones, a catchment investigation is considered complete if a permittee has completed all elements of 2.3.4.8.e. i. The permittee shall complete the Catchment Investigation Procedure in a minimum of 80% of the MS4 area served by Problem Catchments within three year s of the permit effective date and 100% of Problem Catchments within five years of the permit effective date. ii. The permittee shall implement the Catchment Investigation Procedure in every catchment of the MS4 where information indicates sewer input including outfall/interconnection screening that indicates sewer input based on olfactory/visual evidence or sampling results (ammonia ≥ 0.5 mg/l, surfactants ≥ 0.25 mg/l, and bacteria levels greater than the water quality crite ria applicable to the recei ving water; or ammonia ≥ 0.5 mg/l, surfactants ≥ 0.25 mg/l, and detectable levels of chlorine) within five (5) years of the permit

effective date. iii. The permittee shall complete the Catchment Investigation Procedure in 40% of the area served by all MS4 catchments within five (5) years of the permit effective date, and in 100% of the area served by all MS4 catchments within ten (10) years of the permit effective date. The permittee may count the area of low priority catchments only if the Catchment Investigation has been started in all other MS4 catchments. For the purposes of this Part, catchment investigations that have been started include those where provisions of Part 2.3.4.8.e.i.-ii. have been completed.



## Construction Site Runoff

Tennessee

– Part 4.2.4

Permit requires BMPs to follow state handbook; permitteees must develop construction site

inventory that contains specific information about projects; permittee inspectors and plan reviewers

must be state certified.
Your program must include the development and implementation of, at a minimum:

.... b. Requirements for construction site operators to implement appropriate erosion prevention and sediment control best management practices: The MS4’s EPSC requirements shall be consistent with

those described in the TDEC EPSC Handbook.

... d. The MS4 must develop and maintain an inventor y of all active public and private construction sites that result in a total land disturbance as defined in section 4.2.4. For existing MS4s, the inventory must be completed within 12 months of coverage under this permit and must be updated as new projects are permitted and projects are completed. For new MS4s, th e inventory must be completed with 24 months of coverage and must be updated as noted above for existing MS4s. The inventory must contain

relevant contact information for each project (e.g., tracking number, name, address, phone, etc.), the size of the project and area of disturbance, whether the project has submitted for permit coverage under the Tennessee Construction General Permit (TNR100000) and the date the MS4 approved the construction site plan. The MS4 must make this inventory available to TDEC upon request.

.... g. MS4 staff training: Inspectors must maintain certification under the Tennessee Fundamentals of Erosion Prevention and Sediment Control, Level 1 (or equivalent). Construction site plan reviewers must receive a certificate of completion from the Tennessee Erosion Preventio n and Sediment Control Design Course, Level 2.Page 14 

### Western Washington

– S5.C.4.a.

Permit specifies minimum standards for a construction ordinance.

The ordinance or other enforceable mechanism shall include, at a minimum: i. The Minimum Requirements, thresholds, and definitions in Appendix 1 or a program approved by Ecology under the 2013 NPDES Phase I Municipal Stormwater Permit, for new development, redevelopment, and construction sites. Adjustment and variance criteria equivalent to those in Appendix 1 shall be included. More stringent requirements may be used, and/or certain requirements may be tailored to local circumstances through the use of Ecology-approved basin plans or other similar water quality and quantity planning efforts. Such local requirements and thresholds shall provide equal prot ection of receiving waters and eq ual levels of pollutant control to those provided in Appendix 1.

Appendix 1 includes 32 pages of detailed requirements on “Minimum Technical Requirements for New
Development and Redevelopment.” Section 4.2 ( Minimum Requirement #2: Construction Stormwater Pollution Prevention Plan (SWPPP)) in cludes specific standards for constr uction sites. The following is one example of the detailed standards for sediment controls:

4. Install Sediment Controls: a. Design, install, and maintain effective erosio n controls and sediment controls to minimize the discharge of pollutants. b. Construct sediment control BMPs (sediment ponds, traps, filters, etc.) as one of the first steps in grading. These BMPs shall be functional before other land disturbing activities take place. c. Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. d. Direct stormwater runoff from disturbed areas through a sediment pond or other appropriate sediment removal BMP, before the runoff leaves a construction site or before discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged wit hout a sediment removal BMP, but must meet the flow control performance standard in 3.a, above. e. Locate BMPs intended to trap sediment on-s ite in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off-channel areas or drainages. f. Where feasible, design outlet structures that withdraw impounded stor mwater from the surface to avoid discharging sediment that is still suspended lower in the water column.



### Western Washington

– S5.C.4.b.

Permit describes when inspections are to take place and specifies that compliance will be determined by
achieving at least 80% of scheduled inspections. ii. Inspect, prior to clearing and construction, all permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Da mage Potential. As an alternative to evaluating each site according to Appendix 7, Permittees may choose to inspect a ll construction sites that meet the minimum thresholds adopted pursuant to S5.C.4.a.i, above. iii. Inspect all permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls. Enforce as necessary based on the inspection. iv. Inspect all permitted development sites upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanen t stormwater facilities. Verify that a maintenance plan is completed and responsibility for maintenance is assigned for stormwater treatment and flow

control BMPs/facilities. Enforce as n ecessary based on the inspection. v. Compliance with the inspection requirements in (ii) , (iii) and (iv) above, shall be determined by the presence and records of an established inspection pr ogram designed to inspect all sites. Compliance during this permit term shall be determined by achieving at least 80% of scheduled inspections.



### West Virginia

– II.C.7.d.

Permit prescribes the components of the required construction ordinance.Page 15 5) The regulatory mechanism shall authorize the permittee to: (a) Implement erosion and sediment control BMPs that are consistent with West Virginia's Erosion and Sediment Control BMP Manual or other manuals listed in Appendix D, (b) Require construction site operato rs to install and maintain adequate erosion and sediment control BMPs to provide protectio n to receiving waters, (c) Require construction site operators to control wa ste such as discarded building materials, concrete truck washout, chemicals, litter, and sa nitary waste at the construction site, (d) Demonstrate that registration under the WVINPDES construction stormwater general permit has been obtained for those sites one acre and greater. (i) Provided the Department has approved the permittee as a Qualifying Local Program, WVINPDES construction stormwater permit will be issued by the permittee and not by the Department. (e) Incorporate consideration of potential water quality impacts and review of individual preconstruction site plans to ensure consistency with local and State sediment and erosion control requirements. (f) Establish authority for receipt and considera tion of comments and information submitted by the public. (g) Establish authority for site inspections and enforcement of control measures including steps to identify priority sites for inspection and enfor cement based on the nature of the construction activity, topography, and the characteristic s of soils and receiving water quality.



### Maine

– Part IV.H.4.b.vii

Permit specifies minimum number of construction site inspections. vii. Site inspections procedures to ensure project s are in compliance with the erosion and sedimentation control plan, MCGP and Chapter 500, Stormwater Management. In watersheds of Urban Impaired Streams and the permittee’s highest priority watershed or sub-watershed, inspect and properly document the construction activity at least three times with one inspection just prior to or within 24 hours of a rain event great er than .2 inches, and one inspection at project completion to ensure that all post construction BMPs were properly installed, and that final stabilization of the site has been properly completed. For other watersheds, inspect the construction activity at least twice, with one inspection at project completion to ensure that all post construction BMPs were properly installed, and that final stabilization of the site has been properly completed.



### New York

– Part VII.A.4.a.

Permit specifies exactly what constitutes an equivalent program/legal authority

At a minimum, all covered entities must: Develop (for newly authorized MS4s), implement, and enforce a program that:

... iii. includes a law, ordinance or other regulatory m echanism to require a SWP PP for each applicable land disturbing activity that includes erosion and sediment controls that meet the States most

current technical standards:

‐ this mechanism must be equivalent to one of the versions of the NYSDEC Sample Local Laws

for Stormwater Management and Erosion and Sediment Controls; and

‐ equivalence must be documented

‐ by adoption of one of the sample local laws without changes;

‐ by using the NYSDEC Gap Analysis Workbook; or

‐ by adoption of a modified version of the sample law, or an alternative law, and, in either

scenario, certification by the attorney repres enting the small MS4 that the adopted law is equivalent to one of the sample local laws. iv. contains requirements for construction site operators to implement erosion and sediment control management practices; v. allows for sanctions to ensure complian ce to the extent allowable by State law;Page 16 vi. contains requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, pursuant to the requirement of construction permit; vii. describes procedures for SWPPP review with consideration of potential water quality impacts and review of individual SWPPPs to ensure consistency with State and local sediment and erosion control requirements;

‐ ensure that the individuals performing the reviews are adequately trained and understand the

State and local sediment and erosion control requirements;

‐ all SWPPPs must be reviewed for sites wher e the disturbance is on e acre or greater; and

‐ after review of SWPPPs, the covered entity must utilize the MS4 SWPPP Acceptance Forms

created by the Department and required by the SPDES General Permit for Stormwater Discharges from Construction Activity when notifyi ng construction site owner / operators that their plans have been accepted by the covered entity;



### New Mexico (Middle Rio Grande)

– Part I.D.5(a)(iii)

Permit requires all sites to be inspected at least once. iii) Annually conduct site inspections of 100 percent of all construction projects cumulatively disturbing one (1) or more acres within the MS4 jurisdiction. S ite inspections are to be followed by any necessary compliance or enforcement action. Follow-up inspections are to be conducted to ensure corrective maintenance has occurred; and, all projects must be inspected at completion for confirmation of final

stabilization.



### Ohio

– Part III.B.4.c

Permit includes minimum frequency for construction site inspections.

c. Performance Standards. Your construction site storm water control progr am shall include a preconstruction storm water pollution prevention plan review of all projects from construction activities that result in a land disturbance of great er than or equal to one acre. To ensure compliance, these applicable sites shall be initially inspected. The frequency of follow-up inspections shall be on a monthly basis unless you document your procedures for prioritizing inspections such as location to a waterway, amount of disturbed area, compliance of site, etc.



### Wisconsin

– Part 2.4.1

Permit requires that construction projects must meet state standards.
2.4.1.2 Requirements for design and implementation of erosion and sediment control practices consistent with the criteria of those approved by the Department. Note: Department approved erosion and sediment control practices may be found on the Department’s Internet site at: http://dnr.wi.gov/topic/stormwater /standards/const_standards.html 2.4.1.3 Construction site performance standards equivalent to those in ss. NR 151.11(6m) and 151.23(4m),

Wis. Adm. Code. 2.4.1.4 Erosion and sediment control plan requirements for landowners of construction sites equivalent to those contained in s. NR 216.46, Wis. Adm. Code.



### California

– Part E.7.b.2(a)

Permit requires training/certification for all construction staff.
(a) Permittee Staff Training (i) Task Description – Within the second year of the effective date of the permit, the Permittee shall ensure that all staff implementing the construction site storm water runoff control program are adequately trained. (ii) Implementation Level – The Permittee may conduct in-house training or contract with consultants. Training shall be provided to the following staff positions of the MS4: (a) Plan Reviewers and Permitting Staff - The Permittee shall ensure plan reviewers and permitting staff are qualified individuals, knowl edgeable in the technical review of local erosion and sediment control plans, (including proper control measure selection, installation,Page 17 implementation, and maintenance, as well as administrative requirements such as inspection reporting/tracking and the use of the Permitt ee’s enforcement respon ses), and are certified pursuant to a State Water Board sponsored program as a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), or a designated person on staff possesses the QSD credential. (b) Erosion Sediment Control/Storm Water Inspect ors - The Permittee shall ensure inspectors are qualified individuals, knowledgeable in inspection procedures, and are certified pursuant to a State Water Board sponsored program as either (1) a Qualified SWPPP Developer (QSD); (2) a Qualified SWPPP Practitioner (QSP); or (3) a designated person on staff possesses each credential (QSD to supervise plan review , QSP to supervise inspection operations). (c) Third-Party Plan Reviewers, Pe rmitting Staff, and Inspectors - If the Permittee utilizes outside parties to review plans and/or conduct inspec tions, the Permittee shall ensure these staff are

trained.



### California

– Part E.10.c.(ii)

Permit requires at least three inspections at priority construction sites. (ii) Implementation Level – The inspection procedures shall be implemented to verify compliance with the Permittee’s construction site storm water control ordinance. At a minimum, inspections must be conducted at priority construction sites (defined below) prior to land disturbance (during the rainy season), during active construction and following active construction. Construction site inspections shall include assessment of compliance with the Permittee's construction site storm water runoff control ordinance, and other applicable ordinances. A Permittee may propose, for Regional Water Board Executive Officer approval, an alternative approach for construction site oversight, provided the Permittee demonstrates the approach will be equally effective at reducing the discharge of pollutants from construction sites to the maximum extent practicable.

Prior to allowing an operator to commence land disturbance during the rainy season, the Permittee must perform an inspection, to en sure all necessary sediment controls are in place. During active construction, the Permittee shall conduct inspections , based on prioritization of construction sites. Active construction inspections shall include at a minimum: inspection of maintenance of BMPs, effectiveness of BMPs installed and verification that pollutants of concern are not discharged into receiving water bodies.

Prioritization criteria shall be based on project thr eat to water quality. Project threat to water quality includes soil erosion potential, site slope, projects size and type, sens itivity of receiving water bodies, proximity to receiving wa ter bodies, non-storm water discharges, projects more than one acre that are not subject to the CGP (sites that have obtainedan Erosivity Waiver) and past record of noncompliance by the operator of the construction site. Inspection frequencies shall be conducted based on the prioritization criteria described above.

At the conclusion of the project, the Permittee must inspect to ensure that all disturbed areas have been stabilized and that all temporary erosion and sediment control measures that are no longer needed have been removed as required by the local construction site storm water control ordinance.



### DRAFT Colorado

– Part I.E.3.a.vi.E.

Permit specifies frequency of both routine and compliance inspections.

( E) Routine Inspection: The permittee must conduct a routine inspection at least every 45 days for applicable construction sites. A routine inspecti on must be conducted at least once before final stabilization. This does not apply to sites eligible fo r other inspection frequencies in accordance with this section (Part I.E.3.a.vii).

... (G) Compliance Inspection: A compliance inspection must occur within 14 days of the permittee identifying that there is a failure to implement a cont rol measure or an inadequate control measure, unless corrections were made and observed by the inspector during the initial inspection. The permittee mustPage 18 require the removal of the pollutants, when feasible, from the MS4 when the permittee identifies a failure to implement a control measure or an inadequate control measure resulting in pollutants discharging to the MS4 or beyond the limits of the construction site.



## Post

‐ Construction Runoff

Tennessee

– Part 4.2.5

Permit includes specific post

‐ construction retention standard, and volume credits when a certain type of
development is built. Also allows off

‐ site mitigation or payment into a public stormwater fund for

projects that cannot manage stormwater on

‐ site (must be 50% greater control than otherwise achieved

on

‐ site). BMP inspections require annually by owner or every 5 years by a professional.

4.2.5.2.1 Runoff Reduction (green infrastructure) Site design standards for all new and redevelopment require, in combination or alone, management measures that are designed, built and maintained to in filtrate, evapotranspire, harvest and/or use, at a minimum, the first inch of every rainfall event prece ded by 72 hours of no measurable precipitation. This first inch of rainfall must be 100% managed with no storm water runoff being discharged to surface waters. For all new and redevelopment on priv ate property, the MS4 may opt to have controls installed on that private property, in the pu blic right-of-way, or a combination of both.

Limitations to the application of runoff reduction requirements include, but are not limited to:

 Where a potential for introducing pollutants into the groundwater exists, unless pretreatment is provided;

 Where pre-existing soil contamination is present in areas subject to contact with infiltrated runoff;

 Presence of sinkholes or other karst features.

Pre-development infiltrative capacity of soils at the site must be taken into account in selection of runoff reduction management measures.

The MS4 may develop a program to allow for incentive standards for redeveloped sites. The MS4 may provide a 10% reduction in the volume of rainfall to be managed for any of the Small MS4 General NPDES Permit following types of development. Such credits are additive such that a maximum reduction of 50% of the standard in the paragraph above is possible for a project that meets

all 5 criteria:

 Redevelopment;

 Brownfield redevelopment;

 High density (>7 units per acre);

 Vertical Density, (Floor to Area Ratio (FAR) of 2 or >18 units per acre); and

 Mixed use and Transit Oriented Development (within 1⁄2 mile of transit).

4.2.5.2.2 Pollutant Removal For projects that cannot meet 100% of the runoff reduction requirement unless subject to the incentive standards, the remainder of the stipulated amount of rainfall must be treated prior to discharge with a technology reasonably expected to remove 80% total suspended solids (TSS). The treatment technology must be designed, installed and maintained to continue to meet this performance standard.

4.2.5.2.3 Off-site mitigation For projects that cannot meet 100% of the runoff reduction requirements, the MS4 may allow runoff reduction measures to be implemented at another location within the same USGS 12-digit hydrologic unit code (HUC) as the original project. Off-site mitigation must be a minimum of 1.5 times the amount of water not managed on s ite. The off-site mitigation location (or alternative location outside the 12-digit HUC) and runoff reduction measures must be approved by the MS4. The MS4 shall identify priority areas within the watershed in wh ich mitigation projects can be completed. The MS4Page 19 must create an inventory of appropriate mitigation projects, and develop appropriate institutional standards and management systems to value, evaluate and track transactions. Mitigation can be used for retrofit or redevelopment projects, but should be avoided in areas of new development.

4.2.5.2.4 Payment into Public Stormwater Project Fund For projects that cannot meet 100% of the runoff reduction and pollutant removal standards, and cannot provide for off-site mitigation, the MS4 may allow the owner to make payment in a public stormwater project fund established by the MS4. Paym ent into a public stormwat er fund must be at a

minimum 1.5 times the estimated cost of on-site runoff reduction controls.

4.2.5.3 Codes and Ordinances Review and Update Within one year of obtaining permit coverage, the permittee shall review local codes and ordinances using the EPA Water Quality Scorecard (the scorecard ). A completed copy of the scorecard shall be submitted with the subsequent annual report.

Newly designated and currently permitted MS4s sh all update codes and ordinances, if necessary, within 4 years of coverage under this permit. Curr ently permitted MS4s shall continue to implement existing permanent Stormwater Management Program until codes and ordinances review and update is completed.

The permittee should consider making revisions to policies, codes and ordinances that will achieve "the greatest improved protection of receiving waters." The permitt ee shall review Small MS4 General NPDES Permit and change, where necessary, buildin g codes or other local regulations, such as covenants, codes, ordinances, and restrictions. For example, green roofs; infiltration approaches such as rain gardens, curb extensions, planter gardens, permeable and porous pavements; water harvesting devices such as rain barrels and cisterns; and down spout disconnection, are fundamental infiltration, evapotranspiration and capture and use measures. The permittee shall ensure that a reasonable suite of these types of practices is implem ented, and encourage use of new op tions. If the permittee decides to significantly limit the number of options, they must justify this limitation by demonstrating that the performance standard can be met with the limited set of management measures allowed.

.....

4.2.5.7 Owner/Operator Inspections

In order to ensure that all stormwater BMPs are operating correctly and are properly maintained, the MS4 shall, at a minimum, require owners or operators of stormwater management practices to:

a. Perform routine inspections to ensure that the BMPs are properly functioning. These inspections shall be conducted on an annual basis, at a minimum. These inspections shall be conducted by a person familiar with control measures implemente d at a site. Owners or op erators shall maintain documentation of these inspections.

b. Perform comprehensive inspections of all stormw ater management facilities and practices. These inspections shall be conducted once every five y ears, at a minimum. Such inspections must be conducted by either a professional engineer or la ndscape architect. Complete inspection reports for these five year inspections shall include:

 Facility type,

 Inspection date,

 Latitude and longitude and nearest street address,

 BMP owner information (e.g. name, address, phone number, fax, and email),

 A description of BMP condition including: vegetation and soils; inlet and outlet channels and structures; embankments, slopes, and safety be nches; spillways, weirs, and other control structures; and any sediment and debris accumulation,

 Photographic documentation of BMPs, and

 Specific maintenance items or violations that need to be corrected by the BMP owner along with deadlines and reinspection dates.Page 20 Owners or operators shall maintain documenta tion of these inspections. The MS4 may require

submittal of this documentation.



### Western Washington

– S5.C.4.c.

Permit requires that the permittee adopt existing Western Washington maintenance standards or develop their own for post

‐ construction facilities.

ii. Each Permittee shall establish maintenance standards that are as protective or more protective of facility function than those specified in Chapter 4 of Volume V of the Stormwater Management Manual for Western Washington. For facilities which do not have maintenance standards, the Permittee shall develop a maintenance standard.



### Western Washington

– S5.C.4.c.

Permit specifies inspections frequency of stormwater treatment and flow facilities and establishes a compliance level of 80% of scheduled inspections. iii. Annual inspections of all stormwater treatment an d flow control BMPs/facilities that discharge to the MS4 and were permitted by the Permittee according to S5.C.4.b, including those permitted in accordance with requirements adopt ed pursuant to the 2007-2012 Ecology municipal stormwater permits, unless there are maintenance records to ju stify a different frequency. Permittees may reduce the inspection frequency based on maintenance records of double the length of time of the proposed inspection frequency. In the absence of maintenance records, the Permittee may substitute written statements to document a specific less frequent in spection schedule. Written statements shall be based on actual inspection and maintenance experience and shall be certified in accordance with G19 Certification and Signature. iv. Inspections of all permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90% of the lots are constructed (or when construction is stopped and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenan ce standards as needed. v. Compliance with the inspection requirements in (iii) and (iv) above shall be determined by the presence and records of an established inspection program designed to inspect all sites. Compliance during this permit term shall be determined by achieving at least 80% of scheduled inspections.



### West Virginia

– II.C.7.e.

Permit includes required site and neighborhood design elements for all regulated projects. 11) To manage the impact of stormwater on recei ving waters, the program shall include site and neighborhood design elements implemented in tandem with watershed protection elements. (a) The permittee must implement and enforce via or dinance and/or other enforceable mechanisms the following requirements that keep and manage onsite the first 1 inch of rainfall from an average 24- hour storm preceded by 48 hours of no measurable precipitation or that provide equal benefits for quality water. (b) The first 1" of rainfall must be 100% managed with no discharge to surf ace waters except when the permittee allows an alternative approach as described below: (i) Stormwater is treated before release to surface waters via extended or engineered infiltration. Extended filtration practices that are designed to capture and manage up to one inch of rainfall may discharge through an underdrain system. (ii) The permittee develops and implements a program to collect payment in lieu of on-site retention, provided in-lieu funds are used for stormwater projects only. (iii) The permittee develops and implem ents an off-site mitigation program. (iv) The permittee develops and obtains approval of an alternative method of managing the first 1"

of rainfall. The method must be equally protective of water quality as the methods spelled out in the permit. (c) Run-off volume reduction can be achieved by:Page 21 (i) Canopy interception, (ii) Soil amendments, (iii) Evaporation, (iv) Evapotranspiration, (v) Rainfall harvesting such as rain tanks and cisterns, (vi) Grass channels and swales, (vii) Reforestation, (viii) Green roofs, (ix) Rooftop disconnections, such as gutter drains, (x) Permeable pavers/pavement, (xi) Porous concrete, (xii) Engineered infiltration including extended infiltration via bioretention cells with eventual release, (xiii) Release to groundwater may require an Underground Injection Control Permit and permittees are required to list projects usin g this practice in the annual report, or (xiv) Any combination of these methods. (d) In instances where alternatives to complete on-site retention of the first inch of rainfall are allowed, technical justification as to the infeasibility of on-site retention is required, must be documented and approved by WVDEP.



### West Virginia

– II.C.7.e.

Permit includes incentive standards that can be applied to certain types of projects which reduce

impervious surface or create less accessory impervious area. 13) When considered at the waters hed scale, certain types of deve lopment can either reduce existing impervious surfaces, or at least creat e less' accessory' impervious surfaces. (a) Incentive standards may be applied to these types of projects. (b) A reduction of 0.2 inches from the one inch runoff reduction standard may be applied to any of the following types of development: (i) Redevelopment, (ii) Brownfield redevelopment (iii) High density (>7 units per acre) (iv) Vertical Density, (Floor to Area Ratio (FAR) of2 or > 18 units per acre) (v) Mixed use and Transit Oriented Development (within Y, mile of transit) (c) Reductions are additive up to a maximum reduction of .75 inches for a project that meets four or

more criteria. (d) The permittee may choose to be more restrictive and allow a reduction of less than 0.75 inches if they choose. (e) In no case will the reduction be greater than 0.75 inches.



### Maine

– IV.H.5.a.

The permit requires compliance oversight inspections of private BMPs if the BMPs are not done by

qualified third party inspection and specifies the percentage of sites which must be inspected annually.

iii. Each permittee shall annually inspect a percentage of post construction BMPs located in the direct watershed of a lake most at risk from new development or in watersheds of an urban impaired stream. If the owner or operator of a post construction BMP hires a qualified third party inspector, the permittee will have no inspection requirements. If the owner or operator of a post construction BMP does a “self” inspection, the permittee is required to conduct the following inspection schedule.

1-10 post construction sites: inspect at least one site, or 40% (whichever is greater) 11-30 post construction sites: inspect at leas t four sites, or 30% (whichever is greater) 31-60 post construction sites: inspect at leas t nine sites, or 25% (whichever is greater) 61-100 post construction sites: inspect at leas t fifteen sites, or 20% (whichever is greater) 101-160 post construction sites: inspect at least twenty sites, or 17% (whichever is greater) Over 160 post construction sites: inspect at least twenty seven sites, or 11% (whichever is greater)Page 22 NOTE: For the purposes of this Minimum Control Measure, a post construction site may be a large commercial development i.e. big box store, or a subdivision, or any activity that disturbed one of more acres. Construction sites may have multiple post construction BMPs.



### New York

– Part VII.A.5.

Permit specifies that to meet maximum extent practicable (MEP) a post

‐ construction practice must be
designed and installed according to state guidance or equivalent.

iv. includes a combination of structural or non

‐ structural management practi ces (according to standards

defined in the most current version of the NYS Stor mwater management Design Manual) that will reduce the discharge of pollutants to the MEP. In the development of the watershed plans, municipal comprehensive plans, open space pres ervation programs, local law, ordi nances and land use regulations, covered entities must consider principles of Low Imp act Development (LID), Better Site Design (BSD), and other Green Infrastructure practices to the MEP. In the development of the watershed plans, municipal comprehensive plans, open space pres ervation programs, local law, ordi nances and land use regulations, covered entities must consider smart growth principl es, natural resource protection, impervious area reduction, maintaining natural hydrologic conditions in developments, riparian buffers or set back distances for protection of environmentally sensitive areas su ch as streams, wetlands, and erodible soils.

... -if a stormwater management practice is designed an d installed in accordance with the New York State Stormwater Management Design Manual or has been demonstrated to be equivalent and is properly operated and maintained, then MEP will be assumed to be met for post

‐ construction stormwater discharged by the practice;



### Minnesota

– Part III.D.5.

Permit specifies post

‐ construction performance standards, exceptions and mitigation provisions allowed.

a. A Regulatory Mechanis m(s) that incorporates:

(1) A requirement that owners and/or operators ofconstruction activity submit site plans with postconstruction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity

(2) Conditions for Post-Construction Stormwater Management: The permittee shall develop and implement a Post-Construction Stormwater Management program that requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., inf iltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc. ), necessary to meet the following conditions on the site of a construction activity to the MEP: (a) For new development projects – no net increase from pre-project conditions (on an annual average basis) of: 1) Stormwater discharge Volume, unless precluded by the stormwater management limitations in Part III.D.5.a(3)(a) 2) Stormwater discharges of Total Suspended Solids (TSS) 3) Stormwater discharges of Total Phosphorus (TP) (b) For redevelopment projects – a net reduction from pre-project conditions (on an annual average basis) of:

1) Stormwater discharge Volume, unless precluded by the stormwater management limitations in Part III.D.5.a(3)(a) 2) Stormwater discharges of TSS 3) Stormwater discharges of TP

(3) Stormwater management limitations and exceptions (a) Limitations 1) The permittee’s Regulatory Mechanism(s) sha ll prohibit the use of infiltration techniques to achieve the conditions for post-construction stor mwater management in Part III.D.5.a(2)Page 23 when the infiltration structur al stormwater BMP will receive discharges from, or be

constructed in areas:

a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an

NPDES/SDS Industrial Stormwater Permit issued by the Agency b) Where vehicle fueling and maintenance occur c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater 2) The permittee’s Regulatory Mechanism(s) shall restrict the use of infiltration techniques to achieve the conditions for post-construction stormwater management, without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltra tion device will be constructed in areas:

a) With predominately Hydrologic Soil Group D (clay) soils b) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features c) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. d) Where soil infiltration rates are more than 8.3 inches per hour



### New Mexico (Middle Rio Grande)

– Part I.D.5.b(ii)

Permit includes a list of specific post

‐ construction runoff performance standards.

(b) An ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the ex tent allowable under State, Tribal or local law. The ordinance or policy must:

Incorporate a stormwater quality design standard that manages on-site the 90th percentile storm event discharge volume associated with new development sites and 80th percentile storm event discharge volume associated with redevelopment sites, through st ormwater controls that infiltrate, evapotranspire the discharge volume, except in in stances where full compliance cannot be achieved, as provided in Part I.D.5.b.(v). The stormwater from rooftop di scharge may be harvested and used on-site for noncommercial use. Any controls utilizing impoundments that are also used for flood control that are

located in areas where the New Mexico Office of the State Engineer re quirements at NMAC 19.26.2.15 (see also Section 72-5-32 NMSA) apply must drain within 96 hours unless the state engineer has issued a waiver to the owner of the impoundment. Options to implement the site design standard include, but not limited to: management of the discharge volume achieved by canopy interception, soil amendments, rainfall harvesting, rain tanks and cisterns, engineered infiltration, extended filtration, dry swales, bioretention, ro of top disconnections, permeable pavement, porous concrete, permeable pavers, reforestation, grass channels, green roofs and other appropriate techniques, and any combination of thes e practices, including implementation of other stormwater controls used to reduce pollutants in stormwater (e.g., a water quality facility).

Estimation of the 90th or 80th percentile storm event discharge volume is included in EPA Technical Report entitled “Estimating Predevelopment Hydrol ogy in the Middle Rio Grande Watershed, New Mexico, EPA Publication Number 832-R- 14-007”. Permittees can also estimate:

Option A: a site specific 90th or 80th percentile storm event discharge volume using methodology specified in the referen ced EPA Technical Report.

Option B: a site specific pre-development hydrology and associated storm event discharge volume using methodology specified in the referenced EPA technical Report.



### Wisconsin

– Part 2.5.1

Permit requires that post

‐ construction controls must meet state standards.Page 24 2.5.1.3 For new development and infill, post-constructio n performance standards equivalent to those in ss. NR 151.122 through 151.126 and 151.242 through 151.246, Wis. Adm. Code. Post-construction performance standards for new development and inf ill may be more restrictive than those required

in this section 2.5.1.3 if n ecessary to comply with federa lly approved TMDL requirements. 2.5.1.4 For redevelopment, post-construction performance standards equivalent to or more restrictive than those in ss. NR 151.122 through 151.126 and 151.242 through 151.246, Wis. Adm. Code. 2.5.1.5 Storm water plan requirements for landowners of construction sites equivalent to those contained in s. NR 216.47, Wis. Adm. Code.

From EPA 2014 MS4 Permit Compendium : Requires permittees to implement a program for new development and redevelopment that includes an ordinance or other regulatory mechanism

that establishes post

‐ construction performance standards equivalent to those contained in

Wisconsin’s administrative code NR 151.122 through 151.126, and 151.242 through 151.246.

The infiltration performance standard in Wisconsin’s code is based on the imperviousness of the

site. For example, sites with low imperviousness or development with less than 40% connected

imperviousness such as parks, cemeteries, and low

‐ density residential development, must

infiltrate sufficient runoff volume so that the post

‐ development infiltration volume shall be at

least 90% of the pre

‐ development infiltration volume, based on an average annual rainfall. For

sites with 40%–80% connected. (Source: USEPA MS4 Post

‐ Construction Performance Standards

and Water Quality

‐ Based Requirements)



### Wisconsin

– Part 2.7

Permit includes a post

‐ construction performance standards that requires for the permittee to reduce TSS discharges by 20%. 2.7 Storm Water Quality Management The permittee shall develop and implement a municipal storm water management program. This program shall achieve compliance with the developed urban area performance standards of s. NR 151.13(2)(b)1., Wis. Adm. Code, for those areas of the municipality that were not subject to the post-construction performance standards of ss. NR 151.12 or 151.24, or ss. NR 151.122 through 151.126 or ss. 151.242 through 151.246, Wis. Adm. Code. The program shall include: 2.7.1 To the maximum extent practicable, implementation of storm water management practices necessary to achieve a 20% reduction in the an nual average mass of total suspended solids discharging from the MS4 to surf ace waters of the state as compared to implementing no storm water management controls in accordance with the compliance schedule in section 3 of this permit. The permittee may elect to meet the 20% total suspended solids standard on a watershed or regional basis by working with other permittee(s) to provide regional treatment that collectively

meets the standard.

Note: The 20% total suspended solids reduction requ irement applies to runoff from areas of urban land use and are not applicable to agricultural or rural land uses and associated roads. Additional MS4 modeling guidance for modeling the total suspended solids control is given on the Department’s Internet site at: http://dnr.wi.gov/topic/stormwat er/standards/ms4_modeling.html



### California

– Part E.12.e(ii)(c)

Permit includes a numeric sizing criteria for retention and treatment practices (c) Numeric Sizing Criteria for Storm Water Retention and Treatment The Permittees shall require facilities designed to evapot ranspire, infiltrate, harvest/use, and biotreat storm water to meet at least one of the following hydraulic sizing design criteria: 1) Volumetric Criteria: a) The maximized capture storm water volume for the tributary area, on th e basis of historical rainfall records, determined using the formul a and volume capture co efficients in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No.Page 25 87 (1998) pages 175-178 (that is, approximately the 85th percentile 24-hour storm runoff event); or b) The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology in Section 5 of the CASQA’s Stormwater Best Management Practice Handbook, New Development and Redevelopment (2003), using local rainfall data. 2) Flow-based Criteria: a) The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or b) The flow of runoff produced from a rain event equal to at least 2 times the 85th percentile hourly rainfall intensity as determined from local rainfall records.



### California

– Part E.12.f

Permit includes hydromodification management requirements for all regulated projects. E.12.f. Hydromodification Management (i) Task Description – Within the third year of the ef fective date of the permit, the Permittee shall develop and implement Hydromodification Management procedures. Hydromodification management projects are Regulated Projects that create and/or replace one acr e or more of impervious surface. A project that does not increase impervious surface area over th e pre-project condition is not a hydromodification management project. (ii) Implementation Level - The Permittee shall im plement the following Hydromodification Standard: (a) Post-project runoff shall not exceed estimated pre-project flow ra te for the 2-year, 24-hour storm in the following geomorphic provinces (Figure 1):

 Coast Ranges

 Klamath Mountains

 Cascade Range

 Modoc Plateau

 Basin and Range

 Sierra Nevada

 Great Valley (b) Post-project runoff shall not exceed estimated pre-project flow ra te for the 10-year, 24-hour storm in the following geomorphic provinces (Figure 1):

 Transverse Ranges

 Peninsular Ranges

 Mojave Desert

 Colorado Desert



### Maryland

– Part III.E

Permit requires permittees to comply with all state and local laws, regulations, ordinances, and
procedures relating to stormwater management. The Maryland Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland establishes a statewide stormwater management pr ogram. This statute, coupled with COMAR, requires that stormwater management for new development and redevelopment be addressed for any proposed project that disturbs five thousand (5,000) square feet or more of earth. Because Maryland has a stormwater management program in place that regulates new and redevelopmen t projects, MDE considers compliance with the State statute to be compliance with this minimum control measure, this general permit, and CFR.



### DRAFT Colorado

– Part I.E.4.a.iv.

Permit includes post

‐ construction performance standards for water quality volume treatment/infiltration, runoff reduction and pollutant removal.
iv. Control Measure Requirements: The permittee’s requirements and oversight for applicable development projects must be implemented to address the selection, installation, implementation, and maintenance

of control measures in accordance w ith requirements in Part I.B. Th e “base design standard” is the minimum design standard for new and redevelopment before applying exclusions or alternativePage 26 standards. The control measures for applicable de velopment projects shall meet one of the following base design standards listed below:

(A) WQCV Standard: The control measure(s) is design ed to provide treatment and/or infiltration of the
WQCV and:

1) 100% of the applicable development project is captured, except the permit tee may exclude up to 10 percent, not to exceed 1 acre, of the ap plicable development project area when the permittee has determined that it is not practicable to capture runoff from portions of the site that will not drain towards control measures. In addition, the permittee must also determine that the implementation of a separate control measure for that portion of the site is not practicable (e.g., driveway access th at drains directly to street).

2) The design drain time of the WQCV shall be a minimum of 12 hours, but shall be extended as needed to meet the control measure requiremen ts of this permit. Evaluation of the minimum drain time shall be based on the pollutant removal mechanism and functionality of the control measure implemented. Consideration of drain time shall include maintaining vegetation necessary for operation of the control measure (e.g., wetland vegetation).

(B) Pollutant Removal Standard: The control measure(s) is designed to treat at a minimum the 2-year, 1-hour peak runoff flow. The control measure(s) shall be designed to treat to an expected median effluent concentration for total suspended solids (TSS) of 30 mg/L.

1) 100% of the applicable development project is captured, except the permit tee may exclude up to 10 percent not to exceed 1 acre of the applicab le development project area when the permittee has determined that it is not practicable to capture runoff from portions of the site that will not
drain towards control measures. In addition, the permittee must also determine that the implementation of a separate control measure for that portion of the site is not practicable (e.g., driveway access that dr ains directly to street).

(C) Runoff Reduction Standard: The control measure(s) is designed to infiltrate into the ground where site geology permits, evaporate, or evapotranspi re a quantity of water equal to 60% of what the calculated WQCV would be if all impervious area for the applicable development project discharged without infiltration. This base design standard can be met through practices such as green infrastructure. “Green infrastructure” generally refers to control measures that use or mimic natural processes to infiltrate, Evapotranspirate , or reuse stormwater on the site where it is generated. Green infrastructure can be used in pl ace of or in addition to low impact development principles.



### DRAFT Pennsylvania– Part C.I.B.5.e.

Permit requires that permittees revise existing and adopt new ordinances in order to encourage and
expand use of LID as described in DEP’s Pennsylvania Stormwater Best Management Practices Manual.
e. BMP #5: Develop and implement measures to encourage and expand the use of Low Impact Development (LID) in new development and redevelopment. Measures also should be included to encourage retrofitting LID into existing development. DEP’s Pennsylvania Stormwater Best Management Practices Manual, as amended and updated, provid es guidance on implemen ting LID practices. Enact ordinances consistent with LID practices and repeal sections of ordinances that conflict with LID practices.

The new or revised ordinance that must be submitted to DEP as an attachment to the first Annual MS4 Status Report following DEP’s written approval of coverage shall include LID requirements for new development and redevelopment projects.Page 27 

### DRAFT New Hampshire– Part 2.3.6.8

Permit requires that permittees assess the change in IA and DCIA draining into MS4 and rank permittee

‐ owned property to be retrofitted.

2.3.6.8 – Directly Connected Impervious Area

a. The permittee shall estimate the annual increase or de crease in the number of acres of impervious area (IA) and directly connected impervi ous area (DCIA) draining to its MS 4 and report those estimates in eachannual report. The permittee shall tabulate its estimates by sub-basins. EPA recommends that the subbasins be those included in the Level 6 Hydrologic Unit Boundaries for New Hampshire (http://www.granit.unh.edu). Alternatively, the permittee maytabulate its estimates by the catchments it has delineated pursuant to Part 2.3.4.8 .c.iii. of this permit or an alternative delineation of sub-basins.

For the purposes of this part, IA includes conventional pavements, sidewalks, driveways, roadways, parking lots, and rooftops. DCIA is the portion of IA with a direct hydraulic connection to the permittee’s MS4 or a waterbody via continuous paved surfaces, gutters, pipes and other impervious features. DCIA typically does not include isolated impervious areas w ith an indirect hydraulic connection to the MS4 or that otherwise drain to a pervious area.

b. Two (2) years from the effective date of this permit, the permittee shall complete an inventory and priority ranking of permittee-owned property and ex isting infrastructure that could be retrofitted with BMPs designed to reduce the frequency, volume and pollutant loads of stormwater discharges to its MS4 through the mitigation of impervious area. Properties and infrastructure for consideration shall include those with the potential for mitigation of on-site IA and DCIA, as well as those that could provide mitigation of off-site IA and DCIA. At a minimum, permittees shall consider municipal property with significant impervious cover (including parking lots, buildings, and maintenance yards) that could be mitigated, and open space and undeveloped land available to mitigate impervious cover and associated stormwater from proximate offsite properties. MS4 infrastructure to be considered includes existing street right-of-ways, outfalls and conventional stormwater conveyances and controls (including swales and detention practices) that could be readily modified to provide reduction in frequency, volume or pollutant loads of such discharges through the mitigation of impervious cover. The permittee may also include in its inventory properties and infrastructure that are privately-held or that do not contribute stormwater to its

MS4.



### DRAFT New Hampshire– Part 2.3.71.d.ii.

Permit specifies catch basin inspection performance standards.
ii. The permittee shall optimize routine inspections, cleaning and maintenance of catch basins such that the following conditions are met:

• Ensure that no sump shall be more than 50 percen t full for any catch basins serving catchments draining to impaired waters where the pollutant of concer n is sedimentation/siltatio n, Nitrogen (Total) or Phosphorus (Total). If the majority of the waters ar e impaired, the permittee shall prioritize cleaning efforts based on the cause of the impairment and the potential for the MS4 to contribute to the impairment. The permittee shall document its prioritization in the SWMP.

• Prioritize inspection and maintenance for catch ba sins located near construction activities (roadway construction, residential, commercial, or industrial development or redevelopment). Clean catch basins in such areas more frequently if inspection and maintena nce activities indicate excessive sediment or debris loadings.

• Establish, for other catch basins, a schedule that the frequency of routine cleaning will ensure that no catch basin at anytime will be more than 50 percent full.Page 28 • If a catch basin sump is more than 50 percent full during two consecutive routine inspections/cleaning events, the permittee shall document that finding, inve stigate the contributing drainage area for sources of excessive sediment loading, and to the extent practicable, abate contri buting sources. The permittee shall describe any actions taken in its annual report.

• For the purposes of this part, an excessive sediment or debris loading is a catch basin sump more than 50 percent full. A catch basin sump is more than 50 pe rcent full if the contents within the sump exceed one half the distance between the bottom interior of the catch basin to the invert of the deepest outlet of the

catch basin.



### DRAFT Massachusetts Part 2.4.6.4.a.

Permit includes specific post

‐ construction standards for different size development projects. a. For new development of one or more acres, the MS4 shall require compliance with Standards 3, 4, 5, and 6 of the Massachusetts Stormwater Management Standards, regardless of the proximity of the development to resource areas or their buffer zones under the Massachusetts Wetlands Protection Act.

i. Standard 3 – Loss of annual groundwater shall be eliminated or minimized through the use of infiltration measures including environmentally sensitive site design, low impact development techniques, stormwater best management practi ces, and good operation and maintenance. At a minimum, the annual recharge from the post-development site shall approximate the annual recharge from pre-development conditions base d on soil type. In an effort to facilitate implementation of the requirements in Part 2.2.1(c), if applicable, Part 2.4.6.8, and the goal of this part, the permittee is encouraged to require the capture of at least the 1 inch (90th percentile) storm event. The term “cap ture” includes practices th at infiltrate, evapotrans pire, and/or harvest and reuse rainwater. This means that 100 percent of the volume of water from events less than or equal to the 90th percentile event shall not be discharged. In Massachusetts, the 90th percentile is a 1

inch storm event.

ii. Standard 4 – Stormwater management systems shall be designed to remove 80 percent of the average annual post construction load of Total Suspended Solids.

iii. Standard 5 – For land uses with higher pote ntial pollutant loads, source control and pollution prevention shall be implemented to eliminate or reduce the discharge of stormwater from such

land uses.

iv. Standard 6 – Stormwater discharges within the Zone II or Interim Wellhead Protection Area of a public water supply, and stormwater discharges near or to any other critical area, require the use of the specific source control and pollution preven tion measures and the specific structural stormwater practices determined by MassDEP to be suitable for managing discharges to such

areas.

b. For redevelopment of one or more acres, the MS4 shall require compliance with Standard 7 of the Massachusetts Stormwater Management Standards regardless of the proximity of the development to

resource areas or their buffer zones under the Massachusetts Wetlands Protection Act.

i. Standard 7 – A redevelopment project is required to meet Standard 3 to the maximum extent practicable7; and the pretreatment and structural best management practices requirements of Standards 4, 5, and 6. A redevelopment project shall improve existing conditions.

c. For projects that are exempt from the MassDEP stormwater standards, the permittee’s ordinance or other regulatory mechanism may apply the Massachusetts Stormwater Standards to the “maximum extent practicable”, as defined in the Massachusetts Stormwater Management Standards.8Page 29 

## Good Housekeeping

Vermont

– Part IV.H.6

Permit includes a list of specific municipal facilities subject to the good housekeeping minimum control

measure (MCM). Soil test required before phosphorus fertilizer may be used. (Part IV.H.6.a)
a) The permittee must describe its operation and maintenance program for preventing or reducing pollutant runoff from small MS4 operations, including, at a minimum: new construction and land disturbance, maintenance of fleet and buildings, all municipal garages, parks, open space, construction and maintenance practices for gravel backroads, snow disposal and stor mwater systems. The progra m must include a training component, maintenance schedules, and inspection procedures for long term structural controls. For all facilities under municipal control including public pa rks and recreational fields where lawn or garden fertilizers are used in the facility operation the pe rmittee must prohibit the use of any phosphorus containing fertilizer unless warranted by a current soil test. If a phosphorus fertilizer is used, a copy of the soil test for those facilities must be performed annually and submitted with the annual report. This requirement does not apply to community gardens.

Permit requires the permittee to send the State list of municipal facilities subject to Industrial stormwater
permits. (Part IV.H.6.a(2))
(2) The permittee must provide a list of industrial facilities that it owns or operates that discharge to its small MS4 and are subject to an individual NPDES permit or the Agency’s General Permit 3- 9003,Multi-Sector General Permit for Stormwater Discharges Associated With Industrial Activity (2011) (NPDES Number: VT R 050001), including facilities covered by a “no exposure certification”. Include the permit number, a copy of the Industrial NOI form or the “no exposure” certification for each facility.



### Western Washington

– S5.C.5.d.

Permit specifies an inspection frequency and maintenance standards/ schedule/protocol for municipal
facilities and establishes a compliance level of 95%. The minimum performance measures are: a. Each Permittee shall implement maintenance standard s that are as protective, or more protective, of

facility function than those specified in Chapter 4 of Volume V of the Stormwater Management Manual for Western Washington. For facilities which do not have maintenance standards, the Permittee shall develop a maintenance standard. Except for Permittees located in Lewis and Cowlitz Counties and the City of Aberdeen, no later than December 31, 2016 , Permittees shall update their maintena nce standards as necessary to meet the requirements of this section.28 For Permittees in Le wis and Cowlitz Counties, this requirement shall apply no later than June 30, 2017; for the City of Aberdeen this requirement shall apply no later than June 30,

2018. i. The purpose of the maintenance standard is to determine if maintenance is required. The

maintenance standard is not a measure of the facility’s required condition at all times between inspections. Exceeding the maintenance standard be tween inspections and/or maintenance is not a permit violation. ii. Unless there are circumstances beyond the Perm ittee’s control, when an inspection identifies an

exceedance of the maintenance standard , maintenance shall be performed:

• Within 1 year for typical maintenance of facilities, except catch basins.

• Within 6 months for catch basins. • Within 2 years for maintenance that requires capital construction of less than $25,000. Circumstances beyond the Permittee’s control include denial or delay of access by property owners, denial or delay of necessary permit approvals, and unexpected reallocations of maintenance staff to perform emergency work. For each exceedance of the requi red timeframe, the Permittee shall document the circumstances and how they we re beyond their control. b. Annual inspection of all municipally owned or operated permanent stormwater treatment and flow

control BMPs/facilities, and taking appropriate maintenance actions in accordance with the adopted maintenance standards. Permittees may reduce the inspection frequency based on maintenance records ofPage 30 double the length of time of the proposed inspection frequency. In the absence of maintenance records, the Permittee may substitute written statements to do cument a specific less frequent inspection schedule. Written statements shall be based on actual inspectio n and maintenance experience and shall be certified in accordance with G19 Certification and Signature. c. Spot checks of potentially damaged permanent stormwater treatment and flow control BMPs/facilities

after major storm events (24 hour st orm event with a 10 year or greater recurrence interval). If spot checks indicate widespread damage /maintenance needs, inspect all stormwater treatment and flow control BMPs/facilities that may be affected. Conduct repairs or take appropriate maintenance action in

accordance with maintenance standards established above, based on the results of the inspections. d. Except for the City of Aberdeen, inspection of all catch basins and inlets owned or operated by the

Permittee at least once no later than August 1, 20 17 and every two years ther eafter. For the City of Aberdeen, the deadline for this requirement shall be no later than June 30, 2018. Clean catch basins if the inspection indicates cleaning is needed to comply with maintenance standards established in the Stormwater Management Manual for Western Washington. Decant water shall be disposed of in accordance with Appendix 6 Street Waste Disposal. The following alternatives to the standard approach of inspecting all catch basins once no later than Augus t 1, 2017 and every two years thereafter (except no later than June 30, 2018 and every two years thereafter for the City of Aberdeen) may be applied to all or portions of the system:

i. The catch basin inspection schedule of every two years may be changed as appropriate to meet the

maintenance standards based on maintenance records of double the length of time of the proposed inspection frequency. In the abse nce of maintenance records for catch basins, the Permittee may substitute written statements to document a specifi c, less frequent insp ection schedule. Written statements shall be based on actual inspection and maintenance experiences and shall be certified in

accordance with G19 Certif ication and Signature. ii. Inspections at least once by August 1, 2017 and every two years thereafter may be conducted on a

“circuit basis” whereby 25% of catch basins and in lets within each circuit are inspected to identify

maintenance needs. Include an in spection of the catch basin immediately upstream of any system outfall or discharge point, if applicable. Clean all catch basins within a given circuit for which the inspection indicates cleaning is needed to comply with maintenance standards established under S5.C.5.a, above. iii. The Permittee may clean all pipes, ditches, catch basins, and inlets within a circuit once during the

permit term. Circuits selected for this alternative must drain to a single point. e. Compliance with the inspection requirements in b, c, and d above shall be determined by the presence of

an established inspection program designed to inspect all sites and achieving at least 95% of inspections.



### Western Washington

– S5.C.5.h.

Permit requires that all heavy equipment maintenance or storage yards, material storage facilities which

are not covered by the industrial general permit are required to have a SWPPP.

h. Implement a Stormwater Pollution Prevention Plan (SWPPP) for all heavy equipment maintenance or

storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under the General NPDES Permit for Stormwater Discharges Associated with Industrial Activities or another NPDES permit that authorizes stormwater discharges associated with the activity. A schedule for implementation of structural BMPs shall be included in the SWPPP. Generic SWPPPs that can be applied at multiple sites may be used to comply with this requirement. The SWPPP shall include periodic visual observation of discharges from the facility to evaluate the effectiveness of the BMP.



### West Virginia

– II.C.7.f.

Permit requires benchmark monitoring for municipal facilities which aren’t covered under an NPDES

permit. 15) For Industrial facilities not covered under another WV /NPDES permit, the SWMP shall fully disclose the location type of activity, and potential pollutant sources. 16) The SWMP shall contain a benchmark monitoring plan for stormwater discharged from facilities or locations of municipal industrial activities.Page 31 (a) Pollutant concentrations above the benchmark could be detrimental to water quality or may adversely affect human health from ingestion of water or fish. (b) Pollutant concentrations below the benchmark are to be viewed by the Permittee as indicating little potential for water quality concern. (c) Levels above the benchmark shall trigger a review of the SWMP by the permittee to determine if alternative, more effective BMPs can be implemen ted. Reviews must be co nducted within 30 days of the permittee's receipt of the laboratory or field results of stormwater analysis. (d) The following parameters should be considered and incorporated as appropriate for municipal

industrial activities:

(e) Permittees that receive stormwat er discharges into their small MS4 from their sewage treatment plant property must, in addition to the above listed monitoring requirements, also meet the following monitoring requirements for those discharges:

This requirement does not apply to permittees with individual or general NPDES wastewater permit coverage that addresses stormwater discharges from the plant property. (f) Permittees that receive discha rges into their small MS4 from th eir facilities that store less than 50,000 tons of salt shall monitor for the following:



### Maine

– IV.H.6.a.

Permit specifies that public works facilities, transfer stations, and school bus maintenance facilities must develop and implement a SWPPP which meets the conditions of the state’s MSGP.

vi. Permittees not subject to the 2008 MS4 General Permit shall by June 30, 2015, develop and implement a stormwater pollution prevention plan (“SWPPP”) for the following municipal operations: public works facilities, transfer stations, and school bus maintenance facilities operated by the permittee unless the facility is currently regulated under Maine’s Industri al Stormwater Program. The SWPPP must meet the conditions and requirements including quarterly visual monitoring per Maine’s Multi-Sector General Permit (“MSGP”) Stormwater Discharge Associated with Industrial Activity, published April 26, 2011. The SWPPP outlines sources of potential stormwater po llutants and the methods by which these pollutants will be reduced or prevented from entering Waters of th e State, other than groundwater, or to an MS4. The Plan identifies in writing a SWPPP team of facility personnel as well as a SWPPP team leader who is ultimately responsible for SWPPP implementation. Th e Department has developed a generic SWPPP for municipal operations which can be modified by the permittee for individual facilities as required by this permit. Contact the Municipal and Industrial Stormwater Coordinator for an electronic copy of the SWPPP, Quarterly inspection forms, visual monitoring form s or for technical assistance, including on-sitePage 32 assistance, to meet this permit obligation. Permittees subject to the 2008 MS4 General Permit shall continue to implement and update their SWPPP(s) to ensure it meets Maine’ s April 26, 2011 MSGP requirements including visual monitoring. The Depa rtment shall honor request for technical assistance including on-site technical assistan ce inspections and SWPPP training.



### New Jersey

– Part IV.F.7

The permit specifies a minimum street sweeping frequency.
a. Monthly Sweeping of Certain Street s in Predominantly Commercial Areas i. Minimum Standard - Tier A Municipalities shall sweep, at a minimum of once per month (weather and street surface conditions permitting) all streets (including roads or highways) that meet all of the following criteria: - the street is owned or operated by the municipality; - the street is curbed and has storm drains; - the street has a posted speed limit of 35 mph or less;

- the street is not an en trance or exit ramp; and - the street is in a pred ominantly commercial area.



### New Jersey

– Part IV.F.7

The permit specifies frequency of catch basin inspection and cleaning. d. Catch Basin Inspection and Cleaning i. Minimum Standard - Tier A Municipalities shall inspect all municipally owned and operated catch basins for accumulated sediment, trash, and debris; an d clean those basins to remove sediment, trash, or debris (if any observed during inspection). Tier A Municipalities with: - less than 5,000 municipally owned and operated catch basins shall annually inspect and (to the

extent noted above) clean at least 1,000 catch basins, or as many catch basins as the municipality owns and operates. - 5,000 or more municipally owned and operated catch basins shall inspect and (to the extent noted

above) clean all catch basins by February 28, 2014.



### New Jersey

– Part IV.F.8

The permit requires specific BMPs for de

‐ icing material storage. a. De-icing Material Storage i. Minimum Standard - Tier A Municipalities shall store salt, and other de-icing materials in a permanent structure. Tier A Municipalities shall perform regular maintenance and inspections of both the permanent structure and the su rrounding area (see Good Housekeeping in Appendix D). Sand may be stored outside and uncovered if a 50-foot setback is maintained from storm sewer inlets, ditches or other stormwater conveyance ch annels, and surface water bodies.



### Ohio

– Part III.B.6.e

The permit includes annual requirements for municipal employee training for good housekeeping. e. Performance Standards. Your pollution prevention/good housekeeping program shall include, at a minimum, an annual employee training. Your operation and maintenance program shall include appropriate documented procedures, controls, maintenance schedules and recordkeeping to address Part III.B.6.d.iii of this permit.



### California

– Part E.11.e

The permit requires that permittees conduct inspections at permittee

‐ owned and operated facilities at prescribed frequencies.
E.11.e. Inspections, Visual Monitoring and Remedial Action (i) Task Description – Within the fifth year of the ef fective date of the Permit, the Permittee shall conduct regular inspections of Permittee-owned and operated facilities.Page 33 (ii) Implementation Level – Inspections shall be conducted as follows: (a) Quarterly visual hotspot inspections – Perform qua rterly visual inspections, in accordance with the inspection procedures and inspection checklist de veloped for each Permittee-owned or operated hotspot, to ensure materials and equipment are cl ean and orderly; to minimize the potential for pollutant discharge; and to ensu re effective selection, implementation, and maintenance of BMPs. The Permittee shall look for evidence of spills an d immediately clean them up to prevent contact with precipitation or runoff. The quarterly inspec tions shall be tracked in a log for every facility, and records kept with the SWPPP (records may be ke pt electronically). The inspection report shall also include any identified deficiencies and the co rrective actions taken to correct the deficiencies. (b) Annual Hotspot comprehensive inspections – At least once per year, the Permittee shall conduct a comprehensive inspection of each hotspot facility, including all storm water BMPs, in accordance with the facility-specific inspection procedures and inspection checklist. The Permittee shall pay specific attention, without limiting its attention, to: waste storage areas, dumpsters, vehicle andequipment maintenance/fueling areas, material handling areas, and similar potential pollutantgenerating areas. The annual inspection results sh all be documented and records kept with the SWPPP. The inspection report shall also include any identified deficiencies and the corrective

actions taken to correct deficiencies. (c) Quarterly Hotspot visual observation of storm water and non-storm water discharges – At least once per quarter visually observe discharge locati ons from hotspot facilities. Where discharges are observed identify any observed problems (e.g., co lor, foam, sheen, turbid ity) associated with pollutant sources or BMPs shall be remedied as soon as practicable or before the next storm event, whichever is sooner. Visual observations shall be documented, and records kept with the SWPPP. This inspection shall be done in accordance with the developed standard operating procedures. The inspection report shall also include any identified deficiencies and the corrective actions taken

to correct the deficiencies. (d) Non-Hotspot Inspection – At a minimum, inspect each inventoried municipal facility that is not a hotspot, once per permit term.



### DRAFT Connecticut

– Section 6.E.i.

The permit requires that permittees provide secondary containment of deicing materials.
i. Deicing Material Management Develop and implement standard operating practices for the use, handling, storage, application, and disposal of deicing products such as salt and sand to minimize exposure to stor mwater; explore means to minimize the use and optimize the application of chloride-based or other salts or deicing product (while maintaining public safety) and evaluate opportunities fo r use of alternative materials; for any exterior containers of liquid deicing materials installed after the effective date of this permit, provide secondary containment of at least 110% of the largest container or 10% of the total volume of all containers, whichever is larger, without overflow from the containment area.



### DRAFT Massachusetts Part 2.4.7.2.

Permit requires that all maintenance garages, public works facilities, transfer stations, and waste handling facilities have a SWPPP and specifies the SWPPP contents. 2.4.7.2 - Stormwater Pollution Prevention Plan (SWPPP) A SWPPP shall be developed and implemented for each of the following permittee-owned facilities: maintenance garages, public works facilities, transf er stations, and other waste handling facilities. If facilities are located at the same property, the permittee may develop one SWPPP for the entire property. The SWPPP is a separate and different document from the SWMP required in Part 1.10. A SWPPP does not need to be developed for a facility if the discha rge from a permittee-owned facility is covered by a currently effective Multi-Sector General Permit or other NPDES permit. a.One year from the effective date of the permit, the permittee shall develop and implement a written

SWPPP for the facilities described above. The SWPPP sh all be signed in accordance with the signatory requirements of Appendix B – Subparagraph 11.

b.The SWPPP shall contain the following elements:

...Page 34 

## Monitoring

Tennessee

– Part 5.1

‐ 5.2

The permit requires biological stream sampling for each impaired stream segment in a five

‐ year period.

5.1. Analytical monitoring The MS4 shall perform analytical m onitoring as a part of its Stormwater Management Program, at a minimum, in streams with EPA approved TMDLs and impaired streams.

For stream segments identified as being impaired for siltation and/or habitat alte ration, where discharges from the MS4 have been identified as a source of the impairment, biological stream sampling must be performed utilizing the Semi-Quantitative Single Habitat (SQSH) Method as identified in the division’s Quality System Standard Operating Procedure for Macr oinvertebrate Stream Survey, revised October 2006. At least one sample per stream segment must be co llected, with all segments in the MS4 jurisdiction sampled in a five-year period.



### Western Washington

– S8.B.

Permit requires certain permittees to conduct status and trends monitoring, stormwater management

program effectiveness studies and source identification and diagnostic monitoring. For each of the

status and trends monitoring, stormwater management program effectiveness studies, the permit gives

the permittee the option of conducting the monitoring/analyses themselves or paying into a collective
fund for Ecology to conduct the sampling. The permittees are required to pay into a fund for the source identification and diagnostic monitoring.

Status and trends monitoring. By December 1, 2013, each city and county Permittee listed in S1.D.2.a(i) and S1.D.2.a(ii) located in Clallam, Island, King, K itsap, Pierce, Skagit, Snohomish, Thurston, or Whatcom County shall notify Ecology in writing which of the following two options for status and trends monitoring the Permittee chooses to carry out during this permit cycle. Either option will fully satisfy the Permittee’s obligations under this section (S8.B). Each Permittee shall select a single option for the duration of this permit term.

1. Status and Trends Monitoring Option #1: Each Permittee that chooses this option shall pay into a collective fund to implement RSMP small streams and ma rine nearshore status and trends monitoring in Puget Sound. The payments into the collective fund are due to Ecology annually beginning August 15, 2014. The payment amounts are (Permittees are listed alphabetically, by county):

[TABLE OF PERMITTEE AND ANNUAL PAYMENT AMOUNT]

Or

2. Status and Trends Monitoring Option #2: Each Permittee that chooses this option shall conduct status and trends monitoring as follows:

a. Beginning no later than October 31, 2014, conduc t wadeable stream water quality, benthos, habitat,

and sediment chemistry monitoring according to the Ecology-approved Qua lity Assurance Project Plan (QAPP) for RSMP Small Stream s Status and Trends Monitoring.

i. Permittees with population less than 10,000 in the permit coverage area shall conduct this

monitoring at the first two qualified monitoring locations (as listed sequentially among the potential monitoring locations defined in the RSMP QAPP) that are located within the jurisdiction’s boundaries. Counties shall monitor the first location inside UGA boundaries and the

first location outside UGA boundaries.Page 35 ii. Permittees with population equal to or greater than 10,000 and fewer than 50,000 in the permit

coverage area shall conduct this monitoring at the first four qualified monitoring locations (as listed sequentially among the potential monitoring locations defined in the RSMP QAPP) that are located within the jurisdiction’s boundaries. Counties shall monitor the first two locations inside

UGA boundaries and the first two locations outside UGA boundaries.

iii. Permittees with population equal to or greater than 50,000 in the permit coverage area shall

conduct this monitoring at the first eight qualified monitoring locations (as listed sequentially among the potential monitoring locations defined in the RSMP QAPP) that are located within the jurisdiction’s boundaries. Counties shall monitor the first four locations inside UGA boundaries

and the first four locations outside UGA boundaries.

Permittees with population equal to or greater than 50,000 in the permit coverage area and located entirely inland (i.e., having no Puget Sound shoreline boundary) shall conduct this monitoring at an additional four monitoring locations (as listed sequentially among the potential monitoring locations defined in the RSMP QAPP), for a total of 12 monitoring locations.

If fewer than the total required number (8 or 12) of monitoring locations located in the Permittees’ coverage area meet the criteria fo r sampling defined in the RSMP QAPP, then the Permittee shall conduct this monitoring at all of the monitoring locations that meet the criteria.

And

b. Beginning no later than October 1, 2015, Permittees with Puget Sound shoreline shall conduct sediment chemistry, mussel, and bacteria mon itoring according to the Ecology-approved QAPPs for RSMP Marine Nearshore Status and Trends Monitoring.

i. Permittees with population less than 10,000 shall conduct this monitoring at the first two qualified

monitoring locations each, for sediment and for mussels and bacteria (as listed sequentially among the potential monitoring locations defined in the RSMP QAPPs), that are located adjacent to the jurisdiction’s Puget Sound shoreline boundary.

ii. Permittees with population equal to or greater than 10,000 and fewer than 50,000 in the permit

coverage area shall conduct this monitoring at th e first four qualified monitoring locations each, for sediment and for mussels and bacteria (as listed sequentially among the potential monitoring locations defined in the RSMP QAPPs), that are located adjacent to the jurisdiction’s Puget Sound shoreline boundary. Permittees with population eq ual to or greater than 50,000 in the permit coverage area shall conduct this monitoring at th e first six qualified monito ring locations each, for sediment and for mussels and bacteria (as listed sequentially among the potential monitoring locations defined in the RSMP QAPPs), that are located adjacent to the jurisdiction’s Puget Sound shoreline boundary.

And

c. Data and analyses shall be reported annua lly in accordance with the Ecology-approved QAPPs.

C. Stormwater management program effectiveness st udies. By December 1, 2013, each city and county Permittee listed in S1.D.2.a(i) and S1.D.2.a(ii) sha ll notify Ecology in writing which of the following two options for effectiveness studies the Permittee chooses to carry out during this permit cycle. Either option will fully satisfy the Permittee’s obligations under this section (S8.C). Each Permittee shall select a single option for the duration of this permit term.

1. Effectiveness Studies Option #1: Each Permittee that chooses this option shall pay into a collective fund to implement RSMP effectiveness studies. The payments into the collective fund are due to Ecology annually beginning August 15, 2014. The payment amounts are (Permittees are listed alphabetically, by county):Page 36 [TABLE OF PERMITTEE AND ANNUAL PAYMENT AMOUNT]

Or

2. Effectiveness Studies Option #2: Each Permittee that chooses this option shall conduct stormwater discharge monitoring in accordance with Appendix 9 and the following:

a. By February 2, 2014, each Permittee shall submit to Ecology a draft stormwater discharge

monitoring QAPP for review and approval. If Ecology does not request changes within 90 days, the
draft QAPP is considered approved. Final QAPPs shall be submitted to Ecology as soon as possible following finalization.

i. Each Permittee with population fewer than 10,000 in the permit coverage area shall conduct stormwater discharge monitoring at one discharge monitoring location.

ii. Each Permittee with population equal to or gr eater than 10,000 but fe wer than 50,000 in the permit coverage area shall conduct stormwater discharge monitoring at two discharge monitoring

locations.

iii. Each Permittee with population equal to or great er than 50,000 but fewer than 100,000 in the permit coverage area shall conduct stormwater discharge monitoring at three discharge monitoring locations.

iv. Each Permittee with population 100,000 or more in the permit coverage area shall conduct stormwater discharge monitoring at four discharge monitoring locations.

b. Permittees shall document in the QAPP why select ed discharge monitoring locations are of interest for long term stormwater discharge monitoring and associated stormwater management program

effectiveness evaluations.

Permittees are encouraged to monitor at locations chosen and submitted in the annual reports that
were due March 31, 2011.

c. Flow monitoring at discharge monitoring locations shall be implemented beginning no later than October 1, 2014. Stormwater discharge monitoring shall be fully implemented no later than October 1, 2015. All monitoring shall be conducted in accordance with an Ecology-approved QAPP.

D. Source identification and diagnostic monitoring. Each city and county Permittee listed in S1.D.2.a(i) and S1.D.2.a(ii) shall pay into a collective fund to im plement the RSMP Source Identification Information Repository (SIDIR). The payments into the collective fund are due to Ecology annually beginning August 15, 2014. The payment amounts are (Permittees are listed alphabetically, by county):



### Connecticut

– Section 6(h)

Permit requires all permittees to monitor six outfalls for 13 different parameters. NOTE: Permit does not specify frequency of sampling required.
(1) Schedule of Monitoring (A) Stormwater monitoring shall be conducted by the Regulated Small MS4 annually starting in 2004. At least two outfalls apiece shall be monitored fr om areas of primarily i ndustrial development, commercial development and residential development, respectively, for a total of six (6) outfalls monitored. Each monitored outfall shall be selected based on an evaluation by the MS4 that the drainage area of such outfall is representative of the overall nature of its respective land use type. (B) The municipality may submit a request to the Commissioner in writing for implementation of an alternate sampling plan of equivalent or great er scope. The Commissioner will approve or deny such a request in writing. (2) Parameters to be monitored The parameters to be monitored for each discharge point shall include: pH (SU)Page 37 Hardness (mg/l) Conductivity (μmos) Oil and grease (mg/l) Chemical Oxygen Demand (mg/l) Turbidity (NTU) Total Suspended Solids (mg/l) Total Phosphorous (mg/l) Ammonia (mg/l) Total Kjeldahl Nitrogen (mg/l) Nitrate plus Nitrite Nitrogen (mg/l) E. coli (col/100ml) In addition to this list of parameters, uncontaminated rainfall pH shall be measured at the time the runoff sample is taken.

(3) Stormwater Monitoring Procedures (A) Samples shall be collected from discharges resu lting from a storm event th at is greater than 0.1 inch in magnitude and that occurs at least 72 hour s after any previous storm event of 0.1 inch or greater. Runoff events resulting from snow or ice melt cannot be used to meet the minimum annual monitoring requirements. Grab samples shall be used for all monitoring. Grab samples shall be collected during the first 6 hours of a storm event discharge. Th e uncontaminated rainfall pH measurement shall also be taken at this time. Samples for all discharges shall be taken during

the same storm event.



### New Mexico (Middle Rio Grande)

– Part III.A.1

Permit requires monitoring at least ten times over permit term. 1. Wet Weather Monitoring: The permittees shall conduct wet weather monitoring to gather information on

the response of receiving waters to wet weather discharges from the MS 4 during both wet season (July 1 through October 31) and dry Season (November 1 through June 30). Wet Weather Monitoring shall be conducted at outfalls, internal sampling stations, an d/or in-stream monitoring locations at each water of the US that runs in each entity or entities’ jurisdic tion(s). Permittees may choose either Option A or Option B below:

a. Option A: Individual monitoring (i) Class A: Perform wet weather monitoring at a location coming into the MS4 jurisdictional area (upstream) and leaving the MS4 jurisdictional ar ea (downstream), see Appendix D. Monitor for TSS, TDS, COD, BOD5, DO, oil and grease, E.coli, pH, total kjeldahl nitrogen, nitrate plus nitrite, dissolved phosphorus, total ammonia plus organic nitrogen, total phosphorus, PCBs and gross alpha. Monitoring of temperature shall be also conducted at outfalls and/or Rio Grande monitoring locations. Phase I permittees must include additional parameters from monitoring conducted under permit NMS000101 (from last 10 years) whose mean values are at or above a WQS. Permittee must sample these pollutants a minimum of 10 events during the permit term

with at least 5 events in wet s eason and 4 events in dry season.



## Reporting

Tennessee

– Part 5.4

The permit provides an annual reporting form as an appendix to the permit.

The MS4 must submit an annual report to the appropriate EFO by Septem ber 30 of each calendar year that covers the previous fiscal year. The MS4 may fulfill th is requirement by submitting the report via e-mail. Prior to submitting the annual report to the division , the MS4 must present the annual report at a public hearing for suggestions and comment. The annual report form is found in Appendix B.



### Western Washington

– S9.A.

As part of the annual reporting process, permittees must complete a form online and submit
electronically.Page 38 Permittees must submit annual reports electronically using Ecology’s Water Quality Permitting Portal (WQWebPortal) av ailable on Ecology’s website at: http://www.ecy.wa.gov/programs/wq/permits/paris/portal.html unless otherwise directed by Ecology.



## BMP Manual References

Note: Some BMP Manual references are also in construction or post

‐ construction above.



### Vermont

– Part IV.H.5

Permit requires that permittees require post

‐ construction BMPs meet the states stormwater

management manual.

Post-construction minimum measure requirements refere nce state rules “pursuant to 10 V.S.A. 1263, 1264 and Agency rules and procedures adopted there unde r, the Secretary is required to regulate postconstruction stormwater runoff from activities that...” (Part IV.H.5.a) and also references the state’s stormwater manual “Utilizes a combination of structural, non-structural and low impact BMPs... and meet, at a minimum, requirements in th e Agency’s 2002 Vermont State St ormwater Management Manual (and any amendments thereto) .” (Part IV.H.5.e(2)) http://www.anr.state.vt.us/dec/waterq/ stormwater/docs/sw_manual-vol1.pdf http://www.anr.state.vt.us/dec/waterq/ stormwater/docs/sw_manual-vol2.pdf

From EPA 2014 MS4 Permit Compendium : The manual includes a ground water recharge volume

standard that is determined as a function of annual pre

‐ development recharge for a given soil

group, average annual rainfall volume, and amount of impervious cover at a site. The ground

water recharge standard can be met by one of two methods, or a combination of both. The first

is designated as the percent volume method, and is based on infiltrating the recharge volume

using one or more approved structural stormwater treatment practices. The second method is
designated as the percent area method, and is based on draining runoff from some or all of the

site impervious area through one or more approved nonstructural stormwater treatment
practices. The manual also includes a water quality treatment standard that requires water quality treatment of 90% of annual storms based on removing total suspended solids (TSS) and

total phosphorus (TP). The State of Vermont directly regulates post

‐ construction stormwater

runoff from activities that result in creation of new or expansion of existing impervious surface

of more than an acre; regardless of whether the site discharges to an MS4 or directly to a waterbody. Consequently, the MS4 program must only regulate those sites that fall below the

impervious cover threshold but disturb at least one acre of land or less if it is a part of a

common plan of development. (Source: USEPA MS4 Post

‐ Construction Performance Standards

and Water Quality

‐ Based Requirements)



### Western Washington

The Western Washington Phase II Ms4 permit references the Stormwater Management Manual for

Western Washington throughout the permit for minimum standards, design standards, guidance, etc. http://www.ecy.wa.gov/program s/wq/stormwater/manual.html



### West Virginia

The West Virginia Phase II Permit references and requires the implementation of BMPs which are

consistent with the Virginia's Erosion and Sediment Control BMP Manual or other manuals listed in the
permit’s Appendix D.Page 39 

### Maine

Permit requires that new permittees utilize the Guidelines and Standard Operating Procedures for

Stormwater Phase II Communities in Maine volumes 1 and 2 during the development and
implementation of a number of MCMs.



### New York

Permit specifies that to meet MEP a post

‐ construction practice must be designed and installed according

to NYS Stormwater management Design Manual or equivalent.



### New Jersey

– Part I.F.3

Permit requires permittees to implement and enforce a program to address stormwater runoff from

new development and redevelopment and adopt ordinances according to state stormwater

management rule, N.J.A.C. 7:8

‐ 4, to control stormwater from nonresidential development and
redevelopment projects. In addition, the permittee must ensure that any residential development and
redevelopment projects that are subject to the Residential Site Improvement Standards for stormwater

management (N.J.A.C. 5:21

‐ 7) comply with those standards.
vii. This post-construction program shall also re quire compliance with the applicable design and performance standards established under N.J.A.C. 7:8 for major development, unless: - Those standards do not apply because of a varian ce or exemption granted under N.J.A.C. 7:8; or - Alternative standards are applicable unde r an areawide or Statewide Water Quality Management Plan adopted in accordance with N. J.A.C. 7:15.

From EPA 2014 MS4 Permit Compendium : The New Jersey standard for ground water recharge requires

that 100% of the average annual pre

‐ construction ground water recharge volume for the site is

maintained. For the purpose of calculating runoff coefficients and ground water recharge, there

is a presumption that the pre

‐ construction condition of a site or portion thereof is a wooded

land use with good hydrologic condition. This ground water recharge requirement does not apply to previously developed portions of sites in urban redevelopment areas. The New Jersey

standard for water quality provides that stormwater management measures are to be designed

to reduce the post

‐ construction load of TSS in stormwater runoff generated from the water quality design storm by 80% of the anticipated load from the developed site, expressed as an

annual average. (Source: USEPA MS4 Post

‐ Construction Performance Standards and Water Quality

‐ Based Requirements)



### Maryland

– Part III.E

Permit requires permittees must implement and comply with the principles, methods, and practices

found in the 2000 Maryland Stormwater Design Manual, Volumes 1 and 2. Additionally, permittees must implement and comply with the principles, methods, and practices found in the “2000 Maryland Stormwater Design Manual, Volumes I & II.” Permittees must either administer an effective stormwater management program according to COMAR or acce pt the program that is being implemented by its respective County.

From EPA 2014 MS4 Permit Compendium : The manual specifies that environmental site design (ESD)

shall be implemented to the maximum extent practicable (MEP) to mimic pre

‐ development

conditions. The standard for characterizing pre

‐ development runoff characteristics for new development projects is woods in good hydrologic condition. ESD practices are to be used to the

MEP to meet the required water quality volume and the ground water recharge volume. The

water quality volume is defined as the runoff volume from the 1

‐ inch rain event in the Maryland

Eastern Rainfall Zone and 0.9 inch in the Maryland Western Rainfall Zone. The manual includes a redevelopment policy that provides flexibility and alternative requirements for sites with morePage 40 than 40% impervious area. (Source: USEPA MS4 Post

‐ Construction Performance Standards and

Water Quality

‐ Based Requirements)



## Other Requirements

This section includes other MS4 permit requirements that are “clear, specific and measurable”.



### Vermont

As part of NOI, State lists two attachments (not clear if they are required

– they are not mentioned on

the NOI form or in the MS4 permit):

Attachment A: Selected Minimum Control Measures

Attachment B: Minimum Control Measure Implementation Timeframe

Each is an Excel spreadsheet that lists the different BMPs for each MCM from the permit, and asks for
responsible person and measurable goal, as well as information on when each BMP will be
implemented.

See Permit Documents and Forms at http://www.vtwaterquality.org/stormwater/htm/sw_ms4.htm



### California

– Part E.6.a and b

Permit includes 1.5 page

‐ long list of requirements that MS4 must have adequate legal authority for, as

well as a requirement to certify that the MS4 has and will maintain full legal authority to implement the

permit.



### California

– Part E.6.c.(iii)(d)

Permit requires MS4s to report non

‐ filers within 30 days.
(d) NPDES Permit Refe rrals–For those construction projects or i ndustrial facilities subject to the State’s Construction General Permit (CGP) or Industrial General Permit (IGP), the Permittee shall: 1) Refer non-filers (i.e., those facilities that cannot demonstrate that they obtained permit coverage) to the appropriate Regional Water Board within 30 da ys of making that determination, or file a complaint on the State Water Board’s website: http://www.dtsc.ca.gov/database/ CalEPA_Complaint/index.cfm . In making such referrals, at a minimum include the following documentation: a) Construction project or industrial facility location. b) Name of owner or operator. c) Estimated construction project size or type of industrial activity (including the Standard

Industrial or the North American I ndustry Classification, if known). d) Records of communication with the owner or operator regarding filing requirements.