Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 6 - Permits › Section 10 CSR 20-6.200 - Construction and Operating Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds language related to the
				  qualifying local program process and silvicultural activities.
(1) Storm Water Permits-General.
(A) All persons who operate, use, maintain
				existing storm water point sources or who disturb land that would result in a
				storm water point source shall apply to the department for the permits required
				by the Missouri Clean Water Law and these regulations. A permit must be
				obtained before beginning any new construction related to the above activities.
				The department issues these permits in order to enforce the Missouri Clean
				Water Law and regulations and administer the state operating permit
				program.
(B) Nothing shall prevent
				the department from taking action, including the requirement for issuance of
				any permits under the Missouri Clean Water Law and regulations, if any of the
				operations exempted should cause pollution of waters of the state or otherwise
				violate the Missouri Clean Water Law or these regulations. The following are
				exempt from storm water permit regulations:
1. Areas located on plant lands separate from
				the plant's industrial activities, such as office buildings and accompanying
				parking lots, as long as the drainage from the excluded areas is not mixed with
				storm water drained from permitted areas;
2.
De minimis
discharges as
				defined by the department in general permits or by the Clean Water
				Commission;
3. Recycling collection
				points which are covered in a manner which prevents contact with storm water,
				including run on;
4. Farmlands,
				domestic gardens, or lands used for sludge management where domestic sludge is
				beneficially reused and which are not physically located in the confines of the
				facility producing the sludge;
5.
				Agricultural storm water discharges and irrigation return flows;
6. Sites that disturb less than one (1) acre
				of total land area which are not part of a common plan or sale. Land
				disturbance activity on an individual residential building lot is not
				considered as part of the overall subdivision unless the activity is by the
				developer to improve the lot for sale;
7. Linear, strip, or ribbon construction or
				maintenance operations meeting one (1) of the following criteria:
A. Grading of existing dirt or gravel roads
				which does not increase the runoff coefficient and the addition of an
				impermeable surface over an existing dirt or gravel road;
B. Cleaning or routine maintenance of
				roadside ditches, sewers, waterlines, pipelines, utility lines, or similar
				facilities;
C. Trenches two (2)
				feet in width or less; or
D.
				Emergency repair or replacement of existing facilities as long as best
				management practices are employed during the emergency
				repair;
8. Mowing, brush
				hog clearing, tree cutting, or similar activities which do not grade, dig,
				excavate, or otherwise remove or kill the surface growth and root system of the
				ground cover;
9. Landfills which
				have received Missouri Department of Natural Resources approval to close and
				which are in compliance with any post-closure monitoring, management
				requirements, and deed restrictions, unless the department determines the
				facility is a significant discharger of storm water related
				pollutants;
10. Facilities built to
				control the release of only storm water are not subject to the construction
				permitting requirement of
				10 CSR
				20-6.010(4), provided that the storm
				water does not come in contact with process waste, process wastewater, or
				significant materials, and the storm water is not a significant contributor of
				pollutants;
11. Phase II municipal
				separate storm sewer system (MS4) may request a waiver in accordance with 40
				CFR part 122.32(c), December 8, 1999, as published by the Environmental
				Protection Agency (EPA) Docket Center, EPA West 1301 Constitution Avenue NW.,
				Washington, DC 20004, are incorporated by reference. This rule does not
				incorporate any subsequent amendments or addition.
12. A regulated small MS4 may share the
				responsibility under the following:
A. A MS4
				may develop an agreement with another entity to assist with satisfying the
				National Pollutant Discharge Elimination System (NPDES) permit obligations or
				with implementing a minimum control measure if:
(I) The other entity currently implements the
				control measure;
(II) The
				particular control measure, or component thereof, is at least as stringent as
				the corresponding permit requirement; and
(III) A MS4 that relies on another entity to
				satisfy some of the permit obligations specifies the condition of the
				agreement, including a description of the obligations implemented by the other
				entity. The permitted MS4 remains ultimately responsible for compliance with
				the permit obligations if the other entity fails to implement the control
				measure (or component thereof);
B. In some cases, the department may
				recognize, either in an individual permit or in a general permit that another
				governmental entity is responsible under a permit for implementing one (1) or
				more of the minimum control measures for a small MS4. Where the department
				recognizes these dual responsibilities, the department may not require the MS4
				to include such minimum control measure(s) in their program. The MS4 permit may
				be modified to include the requirement to implement a minimum control measure
				if the other entity fails to implement it;
13. The director may waive the otherwise
				applicable requirements in a general permit for a storm water discharge from
				construction activities that disturb less than five (5) acres, but more than
				one (1) acre, where:
A. The value of the
				rainfall erosivity factor R in the Revised Universal Soil Loss Equation is less
				than five (5) during the period of construction activity. The rainfall
				erosivity factor is determined in accordance with Chapter 2 of Agriculture
				Handbook Number 703, Predicting Universal Soil Loss Equation (RUSLE), pages
				21-64, dated January 1997, which is incorporated in this rule by reference.
				Copies may be obtained from EPA's Water Resource Center, Mail Code RC4100, 401
				M Street S.W., Washington, DC 20460. An operator must certify to the director
				that the construction activity will take place during a period when the value
				of the rainfall erosivity factor is less than five (5); or
B. A TMDL approved or established by the
				department or by the EPA that addresses the pollutant(s) of concern without the
				need for storm water controls;
C.
				Waste load allocations are not needed on non-impaired waters to protect water
				quality based on consideration of existing instream concentrations, expected
				growth in pollutant contributions from all sources, and a margin of safety. For
				the purpose of paragraph (1)(B)13. and subparagraph (1)(B)13.C. of this rule,
				the pollutant(s) of concern include sediment or a parameter that addresses
				sediment (such as total suspended solids, turbidity, or siltation) and any
				other pollutant that has been identified as a cause or a potential cause of
				impairment of any water body that will receive a discharge from the
				construction activity. The operator must certify to the department that the
				construction activity will take place, and that storm water discharges will
				occur, within the drainage area addressed by the TMDL or by an equivalent
				analysis.
(C)
				No Exposure Certification. A storm water permit under this rule may be excluded
				for industrial activities that do not expose materials to storm water. No
				exposure exists if the industrial materials and activities are protected from
				rain, snow, snowmelt, and/or runoff and the operator meets the requirements
				under paragraph (C)1. and subparagraph (C)2.C. of this subsection.
1. Industrial materials and activities protected by
				storm resistant shelter. No exposure means that all industrial materials and
				activities are protected by a storm resistant shelter to prevent exposure to
				rain, snow, snowmelt, and/or runoff. Industrial materials or activities
				include, but are not limited to, material handling equipment or activities,
				industrial machinery, raw materials, intermediate products, by-products, final
				products, or waste products. Material handling activities include the storage,
				loading and unloading, transportation, or conveyance of any raw material,
				intermediate product, final product, or waste product. To qualify a permit
				exclusion under this paragraph, the operator of the discharge must:
A. Provide a storm resistant shelter to protect
				industrial materials and activities from exposure to rain, snow, snowmelt, and
				runoff;
B. Complete and sign a
				certification that storm water is not contaminated by exposure to industrial
				materials and activities from the entire facility;
C. Re-submit the signed certification to the
				department once every five (5) years;
D. Allow the department to inspect the facility to
				determine compliance with the no-exposure conditions;
E. Make the no-exposure inspection reports available
				to the public upon request; and
F.
				For facilities that discharge through a MS4, submit a copy of the certification
				of no-exposure to the MS4 operator, as well as allow inspection and public
				reporting of the inspection findings by the MS4 operator.
2. Industrial materials and activities not
				requiring storm resistant shelter. An industrial site may qualify for this
				exclusion without a storm resistant shelter if:
A. Drums, barrels, tanks, and similar containers are
				tightly sealed, provided those containers are not deteriorated and do not leak.
				Sealed means banded or otherwise secured and without operational taps or
				valves;
B. Adequately maintained
				vehicles are used in material handling; and
C. All industrial materials consist of final products,
				other than products that would be mobilized by storm
				water.
(D)
				Definitions.
1. Best management practices
				(BMPs). Schedules of activities, prohibitions of practices, maintenance
				procedures, and other management practices to prevent or reduce the pollution
				of waters of the state. BMPs also include treatment requirements, operating
				procedures, and practices to control plant site runoff, spillage or leaks,
				sludge or waste disposal, or drainage from raw material storage
2. BMPs for land disturbance. A schedule of
				activities, practices, or procedures that reduces the amount of soil available
				for transport or a device that reduces the amount of suspended solids in runoff
				before discharge to waters of the state. Types of BMPs for storm water control
				include, but are not limited to:
A.
				State-approved standard specifications and permit programs;
B. Employee training in erosion control,
				material handling and storage, and housekeeping of maintenance areas;
C. Site preparation such as grading, surface
				roughening, top-soiling, tree preservation and protection, and temporary
				construction entrances;
D. Surface
				stabilization such as temporary seeding, permanent seeding, mulching, sodding,
				ground cover including vines and shrubs, riprap, and geotextile fabric. Mulches
				may be hay, straw, fiber mats, netting, wood cellulose, corn or tobacco stalks,
				bark, corn cobs, wood chips, or other suitable material which is reasonably
				clean and free of noxious weeds and deleterious materials. Grasses used for
				temporary seeding shall be a quick growing species such as rye grass, Italian
				rye grass, or cereal grasses suitable to the area and which will not compete
				with the grasses sown later for permanent cover;
E. Runoff control measures such as temporary
				diversion dikes or berms, permanent diversion dikes or berms, right-of-way or
				perimeter diversion devices, and retention and detention basins. Sediment traps
				and barriers, sediment basins, sediment (silt) fence, and staked straw bale
				barriers;
F. Runoff conveyance
				measures such as grass-lined channels, riprap, and paved channels, temporary
				slope drains, paved flumes, or chutes. Slope drains may be constructed of pipe,
				fiber mats, rubble, Portland cement concrete, bituminous concrete, plastic
				sheets, or other materials that adequately will control erosion;
G. Inlet and outlet protection;
H. Streambank protection such as a vegetative
				greenbelt between the land disturbance and the watercourse. Also, structural
				protection which stabilizes the stream channel;
I. A critical path method analysis or a
				schedule for performing erosion control measures; and
J. Other proven methods for controlling
				runoff and sedimentation;
3. Copetitioner. A person with apportioned
				legal, financial, and administrative responsibility based on land area under
				its control for filing Part 1 and Part 2 of a state operating permit for the
				discharge of storm water from municipal separate storm sewer systems. A
				copetitioner becomes a copermittee once the permit is issued.
4. Copermittee. A permittee to a state
				operating permit that is responsible only for permit conditions relating to the
				discharge for which it is owner or operator, or both.
5. De minimis water contaminant source. A
				water contaminant source, point source, or wastewater treatment facility that
				is determined by the department to pose a negligible potential impact on waters
				of the state, even in the event of the malfunction of wastewater treatment
				controls or material handling procedures.
6. Field screening point. A specific location
				which during monitoring will provide representative information to indicate the
				presence of illicit connections or illegal dumping and quality of water within
				a municipal separate storm sewer system.
7. Illicit discharge. Any discharge to a
				municipal separate storm sewer that is not composed entirely of storm water,
				except discharges pursuant to a state operating permit, other than storm water
				discharge permits and discharges from fire fighting activities.
8. Incorporated place (in Missouri, a
				municipality). A city, town, or village that is incorporated under the laws of
				Missouri.
9. Landfill. Location
				where waste materials are deposited on or buried within the soil or subsoil.
				Included are open dumps and landfills built or operated, or both, prior to the
				passage of the Missouri Solid Waste Management Law as well as those built or
				operated, or both, since.
10. Large
				municipal separate storm sewer system. All municipal separate storm sewers that
				are either-
A. Located in an incorporated
				place with a population of two hundred fifty thousand (250,000) or
				more;
B. Located in the counties
				designated by the director as unincorporated places with significant
				urbanization and identified systems of municipal separate storm
				sewers;
C. Owned and operated by a
				municipality other than those described in subparagraph (1)(D)10.A. of this
				rule that are designated by the director as part of a system. In making this
				determination, the director may consider the following factors:
(I) Physical interconnections between the
				municipal separate storm sewers;
(II) The location of discharges from the
				designated municipal storm sewer relative to the discharges from municipal
				separate storm sewer described in subparagraph (1)(D)10.A. of this
				rule;
(III) The quantity and nature
				of pollutants discharged to the waters of the state;
(IV) The nature of the receiving waters;
				or
(V) Other relevant factors;
				and
D. The director, upon
				petition, may designate as a large municipal separate storm sewer system,
				municipal separate storm sewers located within the boundaries of a region
				defined by a storm water management regional authority based on a jurisdiction,
				watershed, or other appropriate basis that includes one (1) or more of the
				systems described in subparagraph (1)(D)10.A. of this rule.
11. MS4 means:
A. A municipal separate storm sewer
				system.
12. Major
				municipal separate storm sewer system outfall (major outfall). A municipal
				separate storm sewer outfall that discharges from a single pipe with an inside
				diameter of thirty-six inches (36") or more (or its equivalent) or for
				municipal separate storm sewers that receive storm waters from lands zoned for
				industrial activity within the municipal separate storm sewer system with an
				outfall that discharges from a single pipe with an inside diameter of twelve
				inches (12") or more (or from its equivalent). Industrial activity areas do not
				include commercial areas.
13. Major
				outfall. A major municipal separate storm sewer outfall.
14. Major structural controls. Man-made
				retention basins, detention basins, major infiltration devices, or other
				structures designed and operated for the purpose of containing storm water
				discharges from an area greater than or equal to fifty (50) acres.
15. Medium municipal separate storm sewer
				system. All municipal separate storm sewers that are either-
A. Located in an incorporated place with a
				population of one hundred thousand (100,000) or more but less than two hundred
				fifty thousand (250,000), as determined by the latest decennial census by the
				Bureau of Census; or
B. Owned and
				operated by a municipality other than those described in subparagraph
				(1)(D)15.A of this rule and that are designated by the director as part of the
				system. In making this determination, the director may consider the following
				factors:
(I) Physical interconnections
				between the municipal separate storm sewers;
(II) The locations of discharges from the
				designated municipal separate storm sewer relative to discharges from the
				municipal separate storm sewers described in subparagraph (1)(D)15.A. of this
				rule;
(III) The quantity and nature
				of pollutants discharged to waters of the state;
(IV) The nature of the receiving
				waters;
(V) Other relevant factors;
				or
(VI) The director, upon
				petition, may designate as a medium municipal separate storm sewer system,
				municipal separate storm sewers located within the boundaries of a region
				defined by a storm water management regional authority based on a jurisdiction,
				watershed, or other appropriate basis that includes one (1) or more of the
				systems described in subparagraph (1)(D)15.A. of this rule.
16. Municipal separate
				storm sewer means a conveyance or system of conveyances including roads and
				highways with drainage systems, municipal streets, catch basins, curbs,
				gutters, ditches, paved or unpaved channels, or storm drains designated and
				utilized for routing of storm water which-
A.
				Does not include any waters of the state as defined in section
				644.016,
				RSMo.
B. Is owned and operated by
				the state, city, town, village, county, district, association, or other public
				body created by or pursuant to the laws of Missouri having jurisdiction over
				disposal of sewage, industrial waste, storm water, or other liquid
				wastes;
C. Is not a part or portion
				of a combined sewer system;
D. Is
				not a part of a publicly owned treatment works as defined in
				40
				CFR 122.2; and
E. Sewers that are defined as large or medium
				or small municipal separate storm sewer systems pursuant to paragraphs 10.,
				15., and 29. of this section, or designated under subsection (1)(B) of this
				rule.
17. Operator. The
				owner, or an agent of the owner, of a separate storm sewer with responsibility
				for operating and maintaining the effectiveness of the system.
18. Outfall. A point source as defined by
				10 CSR
				20-2.010 at the point where a municipal separate storm
				sewer discharges and does not include open conveyances connecting two (2)
				municipal separate storm sewers, pipes, tunnels, or other conveyances which
				connect segments of waters of the state and are used to convey waters of the
				state.
19. Overburden. Any material
				of any nature consolidated or unconsolidated that overlays a mineral deposit
				excluding topsoil or similar naturally occurring surface materials that are not
				disturbed by mining operations.
20.
				Owner. A person who owns and controls the use, operation, and maintenance of a
				separate storm sewer.
21. Process
				wastewater. Any water which, during manufacturing or processing, comes into
				direct contact with or results from the production or use of any raw material,
				intermediate product, finished product, by-product, or waste product.
22. Receiving waters. Waters of the state as
				defined in this rule.
23. Recycling
				facilities. Locations where metals, paper, tires, glass, organic materials,
				used oils, spent solvents, or other materials are collected for reuse,
				reprocessing, or resale.
24.
				Regulated MS4 means:
A. A MS4 which serves a
				population of one thousand (1,000) or more within an urbanized area, or any MS4
				located outside of an urbanized area serving a jurisdiction with a population
				of at least ten thousand (10,000) and a population density of one thousand
				(1,000) people per square mile or greater.
B. A MS4 which is designated by the
				department when it is determined that the discharges from the MS4 have caused
				or have the potential to cause an adverse impact on water quality. An
				application shall be submitted within one hundred eighty (180) days of the
				designation by the department.
25. Runoff coefficient. The fraction of total
				rainfall that will appear at a conveyance as runoff.
26. Significant contributor of pollutants. A
				person who discharges or causes the discharge of pollutants in storm water
				which can cause water quality standards of the waters of the state to be
				violated.
27. Significant material
				or activity associated with industrial activity.
A. For the categories of industries
				identified in subsections (2)(A)-(C) of this rule, the term includes, but is
				not limited to, storm water discharged from industrial plant yards, immediate
				access roads and rail lines used or traveled by carriers of raw materials,
				manufactured products, waste material, or by-products used or created by the
				facility.
B. Significant materials
				include, but are not limited to, raw materials; fuels; materials such as
				solvents, detergents, and plastic pellets; finished materials such as metallic
				products; raw materials used in food processing or production; hazardous
				substances designated under Section 101(14) of the Comprehensive Environmental
				Response, Compensation, Liability Act of 1980 (CERCLA); any chemical the
				facility is required to report pursuant to Section 313 of Title III of
				Superfund Amendments & Reauthorization Act of 1986 (SARA); fertilizers;
				pesticides; and waste products such as ashes, slag, and sludge that have the
				potential to be released with storm water discharges.
C. Material received in drums, totes, or
				other secure containers or packages which prevent contact with storm water,
				including run on, are exempted from the significant materials classification
				until the container has been opened for any reason. If the container is moved
				into a building or other protected area prior to opening, it will not become a
				significant material.
D. Empty
				containers which have been properly triple rinsed are not significant
				materials.
28. Small
				construction activity means:
A. Construction
				activities including clearing, grading, and excavating that result in land
				disturbance of equal to or greater than one (1) acre and less than five (5)
				acres. Small construction activity also includes the disturbance of less than
				one (1) acre of total land area that is part of a larger common plan of
				development or sale if the larger common plan will ultimately disturb equal to
				or greater than one (1) and less than five (5) acres. Small construction
				activity does not include routine maintenance that is performed to maintain the
				original line and grade, hydraulic capacity, or original purpose of the
				facility.
B. Any other construction
				activity designated by the department, based on the potential for contribution
				to a violation of a water quality standard or for significant contribution of
				pollutants to waters of the United States.
29. Small municipal separate storm sewer
				system means:
A. Owned or operated by the
				United States, a state, city, town, borough, county, parish, district,
				association, or other public body (created by or pursuant to state law) having
				jurisdiction over disposal of sewage, industrial wastes, storm water, or other
				wastes, including special districts under state law such as a sewer district,
				flood control district, or drainage district, or similar entity, or an Indian
				tribe or an authorized Indian tribal organization, or a designated and approved
				management agency under section 208 of the Clean Water Act (CWA) that
				discharges to water of the United States.
B. Not defined as large or medium municipal
				separate storm sewer systems pursuant to paragraphs 10. and 15. of this
				subsection.
C. This term includes
				systems similar to separate storm sewer systems in municipalities, such as
				systems at military bases, large hospital or prison complexes, and highways and
				other thoroughfares. The term does not include separate storm sewers in very
				discrete areas, such as around individual buildings.
30. Small MS4 means:
A. A small municipal separate storm sewer
				system.
31. Storm water
				means storm water runoff, snowmelt runoff and surface runoff, and
				drainage.
32. Storm water discharge
				associated with industrial activity means the discharge from any conveyance
				which is used for collecting and conveying storm water and which is directly
				related to manufacturing, processing, or raw material storage areas at an
				industrial plant.