MS4 General Permits

and the Six Minimum

Control Measures

A Compendium of Permit Requirements

Office of Water

U.S. Environmental Protection Agency

October 2015
   

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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 8/11/19
   

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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, 20181

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.
   

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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 ...................................................................................................................................40
   

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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 stormwater education and outreach strategy 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 stormwater education strategy if approved by the Agency, or 

(4) submit a plan based on the following EPA guidance documents: 

Fact Sheet 2.3, Stormwater Phase II Final Rule, Public Education and Outreach Minimum Control 

Measure (January, 2000), http://www.epa.gov/npdes/pubs/fact2-3.pdf; 

National Menu of Best Management Practices 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 stormwater-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 refresher teacher training course. 

(e) For nontraditional small MS4s: Develop and implement public education campaigns (in 

addition to the brochure distributions) reasonably 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 area served by the MS4. 

The program shall be designed to educate target audiences about the stormwater 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. 
   

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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 behaviors for at least one 

target audience in at least one subject area. No later 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 specific BMP to target for a focused 

outreach Plan. In order to facilitate statewide consistency and efficient 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 considered approved as of January 15, 2014, unless the 

permittee receives written communication from the Department 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 level BMP adoption for each audience) 
   

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NOTE: For example, if 10% of dog owners are picking up pet 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 certify 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 classes/assemblies to local elementary, 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.org. (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 Advisory Committee – Establish a subcommittee to the Environmental 

Commission to identify, coordinate and implement stormwater related programs. (2 points) 

6. Utilize Department Materials - Use Department created 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) 
   

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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 educational 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 and 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) watershed stewardship/education activities (e.g., litter 

march, stream/beach cleanup). (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 the 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 program 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 implementing 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 pollutants 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 permittee 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. 
   

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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 include education and outreach efforts for the following four audiences: 

(1) residents, (2) businesses, institutions, and commercial 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 materials such as brochures or newsletters; electronic 

materials such as websites; mass media such as newspaper articles or public service 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 the 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 topics 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. 
   

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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 includes at least three of the following: 

(1) Form a citizen stormwater advisory panel. 

(2) Establish or support a water quality monitoring program involving citizen volunteers. 

(3) Institute an on-going public workshop 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 citizen “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 participation 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 meetings 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, Annual 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 week for two consecutive weeks in a single newspaper 

of general circulation in the county or city in which the district or entity is located. See the NOI instructions 
   

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for the public notice language requirements. Permit coverage 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 volumetrically 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 increase 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 shall be in compliance with the requirements of a 

pollution prevention plan reviewed by the Permittee, which addresses control 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 for 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 system 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: 
   

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• Immediately respond to all illicit discharges, including spills, which are determined to constitute a 

threat to human health, welfare, or the environment, 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 connection, use the compliance strategy in a documented effort to 

eliminate the illicit connection within 6 months. All 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 for visual inspection no later 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 conducted 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 thereafter, 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. 
   

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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 where 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 program established in Table 6 and the monitoring 

requirements specified in Part III.A.2. 

(c) If applicable, implement the priority ranking 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 event. The Permittee shall also conduct dry weather 

sampling (more than 72 hours since the last rain event) of outfalls annually identified as priority areas. 

... 

(b) Verify that indicator parameters, as specified in Table 2 Action Level Concentrations for Indicator 

Parameters are not exceeded. Alternatively, the 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 μS/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 Permittee shall conduct an investigation(s) to identify 

and locate the source of any suspected illicit discharge 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 locate the source of the suspected illicit discharge. 

(a) Non-storm water discharges suspected of being sanitary sewage and/or significantly 

contaminated shall be investigated within 24 hours 
   

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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 Investigation 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 years 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 criteria applicable to the receiving 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 inventory 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, the 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 Prevention 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 protection of receiving waters and equal 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)) includes specific standards for construction sites. The following is one 

example of the detailed standards for sediment controls: 

4. Install Sediment Controls: 

a. Design, install, and maintain effective erosion 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 without a sediment 

removal BMP, but must meet the flow control performance standard in 3.a, above. 

e. Locate BMPs intended to trap sediment on-site 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 stormwater 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 Damage Potential. As an alternative to evaluating 

each site according to Appendix 7, Permittees may choose to inspect all 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 permanent 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 necessary 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 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.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 operators to install and maintain adequate erosion and sediment control 

BMPs to provide protection to receiving waters, 

(c) Require construction site operators to control waste such as discarded building materials, concrete 

truck washout, chemicals, litter, and sanitary 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 consideration 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 enforcement based on the nature of the construction 

activity, topography, and the characteristics 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 projects 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 greater 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 mechanism to require a SWPPP 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 representing 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 compliance 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 where the disturbance is one 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 notifying 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. Site 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 program shall include a preconstruction storm water pollution prevention plan review of all projects from construction activities that 

result in a land disturbance of greater 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, knowledgeable 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 Permittee’s enforcement responses), 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 Inspectors - 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, Permitting Staff, and Inspectors - If the Permittee utilizes outside 

parties to review plans and/or conduct inspections, 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 ensure 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 threat to water quality. Project threat to water quality 

includes soil erosion potential, site slope, projects size and type, sensitivity of receiving water bodies, 

proximity to receiving water bodies, non-storm water discharges, projects more than one acre that are 

not subject to the CGP (sites that have obtained an 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 inspection must be conducted at least once before final 

stabilization. This does not apply to sites eligible for 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 control measure or an inadequate control measure, unless 

corrections were made and observed by the inspector during the initial inspection. The permittee must 
   

  Page 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 infiltrate, evapotranspire, harvest and/or use, at a 

minimum, the first inch of every rainfall event preceded 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 private property, the MS4 may opt to have controls 

installed on that private property, in the public 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 site. 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 which mitigation projects can be completed. The MS4 
   

  Page 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. Payment into a public stormwater 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 shall update codes and ordinances, if necessary, 

within 4 years of coverage under this permit. Currently 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 permittee shall review Small MS4 General 

NPDES Permit and change, where necessary, building 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 downspout disconnection, are fundamental infiltration, 

evapotranspiration and capture and use measures. The permittee shall ensure that a reasonable suite of 

these types of practices is implemented, and encourage use of new options. 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 implemented at a site. Owners or operators shall maintain 

documentation of these inspections. 

b. Perform comprehensive inspections of all stormwater management facilities and practices. These 

inspections shall be conducted once every five years, at a minimum. Such inspections must be 

conducted by either a professional engineer or landscape 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 benches; 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 documentation 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 and 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 adopted pursuant to the 2007-2012 Ecology municipal stormwater 

permits, unless there are maintenance records to justify 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 inspection 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 maintenance 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 receiving 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 ordinance 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 surface 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 implements 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 using 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 watershed scale, certain types of development can either reduce existing 

impervious surfaces, or at least create 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 least four sites, or 30% (whichever is greater) 

31-60 post construction sites: inspect at least nine sites, or 25% (whichever is greater) 

61-100 post construction sites: inspect at least 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 practices (according to standards 

defined in the most current version of the NYS Stormwater 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 preservation programs, local law, ordinances and land use regulations, 

covered entities must consider principles of Low Impact 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 preservation programs, local law, ordinances and land use regulations, 

covered entities must consider smart growth principles, natural resource protection, impervious area 

reduction, maintaining natural hydrologic conditions in developments, riparian buffers or set back distances 

for protection of environmentally sensitive areas such as streams, wetlands, and erodible soils. 

...

-if a stormwater management practice is designed and 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 Mechanism(s) that incorporates: 

(1) A requirement that owners and/or operators of construction 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., infiltration, 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) shall prohibit the use of infiltration techniques to 

achieve the conditions for post-construction stormwater management in Part III.D.5.a(2) 
   

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when the infiltration structural 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 infiltration 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 extent 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 stormwater controls that infiltrate, evapotranspire 

the discharge volume, except in instances where full compliance cannot be achieved, as provided in 

Part I.D.5.b.(v). The stormwater from rooftop discharge 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 requirements 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, roof top disconnections, permeable pavement, porous 

concrete, permeable pavers, reforestation, grass channels, green roofs and other appropriate techniques, 

and any combination of these 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 Hydrology 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 referenced 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.
   

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2.5.1.3 For new development and infill, post-construction 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 infill may be more restrictive than those required 

in this section 2.5.1.3 if necessary to comply with federally 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 annual average mass of total suspended solids 

discharging from the MS4 to surface 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 requirement 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/stormwater/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 evapotranspire, 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 the basis of historical 

rainfall records, determined using the formula and volume capture coefficients 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 effective 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 acre or more of impervious surface. A project that 

does not increase impervious surface area over the pre-project condition is not a hydromodification 

management project. 

(ii) Implementation Level - The Permittee shall implement the following Hydromodification Standard: 

(a) Post-project runoff shall not exceed estimated pre-project flow rate 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 rate 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 program. 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 redevelopment 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 with requirements in Part I.B. The “base design standard” is the 

minimum design standard for new and redevelopment before applying exclusions or alternative 
   

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standards. The control measures for applicable development projects shall meet one of the following 

base design standards listed below: 

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

WQCV and: 

1) 100% of the applicable development project is captured, except the permittee may exclude up to 

10 percent, not to exceed 1 acre, of the applicable 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 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 requirements 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 permittee may exclude up to 

10 percent not to exceed 1 acre of the applicable 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 drains directly to street). 

(C) Runoff Reduction Standard: The control measure(s) is designed to infiltrate into the ground where 

site geology permits, evaporate, or evapotranspire 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 place 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, provides guidance on implementing 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. 
   

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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 decrease in the number of acres of impervious area 

(IA) and directly connected impervious area (DCIA) draining to its MS4 and report those estimates in each 

annual 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 with 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 existing 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 percent full for any catch basins serving catchments draining 

to impaired waters where the pollutant of concern is sedimentation/siltation, Nitrogen (Total) or 

Phosphorus (Total). If the majority of the waters are 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 basins located near construction activities (roadway 

construction, residential, commercial, or industrial development or redevelopment). Clean catch basins in 

such areas more frequently if inspection and maintenance 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. 
   

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• If a catch basin sump is more than 50 percent full during two consecutive routine inspections/cleaning 

events, the permittee shall document that finding, investigate the contributing drainage area for sources of 

excessive sediment loading, and to the extent practicable, abate contributing 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 percent 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 practices, 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 based 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 “capture” includes practices that infiltrate, evapotranspire, 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 potential 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 prevention 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.8 
   

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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 stormwater systems. The program must include a training 

component, maintenance schedules, and inspection procedures for long term structural controls. For all 

facilities under municipal control including public parks and recreational fields where lawn or garden 

fertilizers are used in the facility operation the permittee 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: VTR 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 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. Except for Permittees located in Lewis and Cowlitz Counties and the City of Aberdeen, no later 

than December 31, 2016, Permittees shall update their maintenance standards as necessary to meet the 

requirements of this section.28 For Permittees in Lewis 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 between inspections and/or maintenance is not a 

permit violation. 

ii. Unless there are circumstances beyond the Permittee’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 required timeframe, the Permittee shall document the 

circumstances and how they were 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 of 
   

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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 inspection schedule. 

Written statements shall be based on actual inspection 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 storm 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, 2017 and every two years thereafter. 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 August 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 absence of maintenance records for catch basins, the Permittee may 

substitute written statements to document a specific, less frequent inspection schedule. Written 

statements shall be based on actual inspection and maintenance experiences and shall be certified in 

accordance with G19 Certification 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 inlets within each circuit are inspected to identify 

maintenance needs. Include an inspection 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. 
   

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(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 implemented. Reviews must be conducted 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 stormwater 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 discharges into their small MS4 from their 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 Industrial 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 pollutants and the methods by which these pollutants 

will be reduced or prevented from entering Waters of the 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. The 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 forms or for technical assistance, including on-site 
   

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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 Department shall honor request for technical assistance 

including on-site technical assistance inspections and SWPPP training. 

New Jersey – Part IV.F.7  

The permit specifies a minimum street sweeping frequency.

a. Monthly Sweeping of Certain Streets 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 entrance or exit ramp; and 

- the street is in a predominantly 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; and 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 surrounding 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 channels, 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 effective date of the Permit, the Permittee shall conduct 

regular inspections of Permittee-owned and operated facilities. 
   

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(ii) Implementation Level – Inspections shall be conducted as follows: 

(a) Quarterly visual hotspot inspections – Perform quarterly visual inspections, in accordance with the 

inspection procedures and inspection checklist developed for each Permittee-owned or operated 

hotspot, to ensure materials and equipment are clean and orderly; to minimize the potential for 

pollutant discharge; and to ensure effective selection, implementation, and maintenance of BMPs. 

The Permittee shall look for evidence of spills and immediately clean them up to prevent contact 

with precipitation or runoff. The quarterly inspections shall be tracked in a log for every facility, 

and records kept with the SWPPP (records may be kept electronically). The inspection report shall 

also include any identified deficiencies and the corrective 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 and 

equipment maintenance/fueling areas, material handling areas, and similar potential pollutantgenerating areas. The annual inspection results shall 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 locations from hotspot facilities. Where discharges are 

observed identify any observed problems (e.g., color, foam, sheen, turbidity) 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 stormwater; 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 for 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, transfer 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 discharge 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 shall be signed in accordance with the signatory 

requirements of Appendix B – Subparagraph 11. 

b.The SWPPP shall contain the following elements: 

... 
   

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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 monitoring 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 alteration, 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 Macroinvertebrate Stream Survey, revised October 2006. 

At least one sample per stream segment must be collected, 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, Kitsap, 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 marine 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, conduct wadeable stream water quality, benthos, habitat, 

and sediment chemistry monitoring according to the Ecology-approved Quality Assurance Project 

Plan (QAPP) for RSMP Small Streams 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. 
   

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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 for 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 monitoring 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 the 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 equal to or greater than 50,000 in the permit 

coverage area shall conduct this monitoring at the first six 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. 

And 

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

C. Stormwater management program effectiveness studies. By December 1, 2013, each city and county 

Permittee listed in S1.D.2.a(i) and S1.D.2.a(ii) shall 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): 
   

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[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 greater than 10,000 but fewer 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 greater 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 selected 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 implement 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 from areas of primarily industrial 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 greater 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) 
   

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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 resulting from a storm event that is greater than 0.1 

inch in magnitude and that occurs at least 72 hours 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. The 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 MS4 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, and/or in-stream monitoring locations at each water of 

the US that runs in each entity or entities’ jurisdiction(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 area (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 season 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 September 30 of each calendar year that 

covers the previous fiscal year. The MS4 may fulfill this 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.
   

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Permittees must submit annual reports electronically using Ecology’s Water Quality 

Permitting Portal (WQWebPortal) available 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 reference state rules “pursuant to 10 V.S.A. 1263, 1264 

and Agency rules and procedures adopted there under, 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 the Agency’s 2002 Vermont State Stormwater 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/programs/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.
   

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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 require 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 variance or exemption granted under N.J.A.C. 7:8; or 

- Alternative standards are applicable under 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 accept 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 more
   

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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 Referrals–For those construction projects or industrial 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 days 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 Industry Classification, if known). 

d) Records of communication with the owner or operator regarding filing requirements.