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Resolution 94-21074 • .. , ;. • t RESOLUTION NO. 9 4-2 1 0 745 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY TO PROVIDE PROFESSIONAL MONITORING SERVICES ASSOCIATED WITH THE FEDERALLY MANDATED NATIONAL - - POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR THE STORM WATER SEWER SYSTEM, FOLLOWING THE TWO PART APPLICATION BY THE CITY OF MIAMI BEACH AND METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL REGULATION, AND TO APPROPRIATE AN ANNUAL BUDGET FROM THE STORM WATER UTILITY FUND FOR THESE SERVICES. • WHEREAS,Federal Environmental Protection Agency regulations require that all government agencies, including state and counties who own and maintain a storm water sewer system, obtain permits for operating these systems; and WHEREAS, the Environmental Protection Agency has designated Metropolitan Dade County as the lead applicant and permit holder with municipalities as r co-applicants and co-permittees; and WHEREAS,the National Pollutant Discharge Elimination System Final Rules provide that the professional monitoring services required to accomplish the tasks set forth in the Environmental Protection Agency requirements may be initiated on behalf of both participating cities and Dade County as co-permittees; and WHEREAS, it is in the best economical interest of the City to remain a co- permittee with Metropolitan Dade County and other municipalities, apportioning the professional monitoring and management expenses for the permit. NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached Interlocal Agreement with Metropolitan Dade County for professional and monitoring services related to the National Pollutant Discharge Elimination System operating permit. PASSED AND ADOPTED IS 2nd day of • March , 1994. Mayor ATTEST: •. FORM APPROVED LEG,'T. City Clerk .101 Attachment 3DR:VGK:et Date c:\ETICH-RESOLINPDES.RES r CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 • FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. /, 3•-9LJ R.Q J TO: Mayor Seymour Gelber and DATE: ' March 2, 1994 Members of the City Commission FROM: Roger M. Cartto City Manag- / AND Laurence Feingolda€44,••••co (46144g) ' City Attorney SUBJECT: INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM),OF PROFESSIONAL MONITORING SERVICES ASSOCIATED WITH THE FIVE YEAR N.P.D.E.S. OPERATING PERMIT (FOLLOWING THE PHASE I and II APPLICATIONS) BY THE CITY OF MIAMI BEACH AND DERM. ADMINISTRATION RECOMMENDATION: The Administration and the City Attorney recommend that the City of Miami Beach enter into an interlocal agreement with Metropolitan Dade County to provide professional services related to the (5) five year National Pollutant Discharge Elimination System (N.P.D.E.S.) permit, and that $35,400 be appropriated from the Storm Water Utility fund to pay for said services. It is further recommended that the Mayor and City Clerk be authorized to sign the agreement on behalf of the City. BACKGROUND On December 4, 1991, the City Commission approved an Interlocal Agreement with Dade County Department of Environmental Resources management (DERM) to provide the professional services associated with the requirements of the N.P.D.E.S.permit application, expiring on November 16, 1993. The two part NPDES permit (Phase I and Phase II) application was completed by DERM and submitted to EPA on September 30, 1993, for a (5) five year permit. As required by the EPA rule a continued monitoring of the storm water outfalls is required in conjunction with storm water management programs, to evaluate the effectiveness in reducing the pollution of the watersheds. By this Interlocal Agreement the City will stay as a co-applicant with the County and 19 other municipalities, and will save in the cost of engineering and monitoring services required for the permit to own and operate a storm water sewer system. The prorated cost to the City for these services, based on the participation of the 19 municipalities and FDOT with Dade County, will be $35,400.00 annually. 17 AGENDA ^fl _ ITEM DATE 3 1 • • Commission Memorandum Page 2 March 2, 1994 ANALYSIS Dade County DERM has budgeted a total annual cost of $600,000.00 for monitoring the outfalls of the County, the 19 municipalities and FDOT, a total of 3465 outfalls of which 206 are owned by the City of Miami Beach. Based on these figures the City's share is: (206 / 3465) x 100 = 5.9 % of the cost, which amounts to $35,400.00. The City Attorney vigorously pursued inclusion of Limitation of Liability and Arbitration clauses as well. However, in negotiations with DERM and the County Attorney's Office, it was explained that the attached Interlocal Agreement is being ratified and executed, in substantially the same form, between DERM and twenty other municipalities throughout the South Florida area. Therefore, DERM did not agree to inclusion of our Limitation of Liability and Arbitration clauses this year as the County Attorney's recommendation to DERM was that the Interlocal Agreements and Permits be in uniform conformance among all ratifying municipalities. However, in continued discussions with DERM and the County Attorney's Office, we are confident that the next Interlocal Agreement will be able to include such provisions. Our position is also strengthened by the fact that the City's current Environmental Counsel, Earl Gallop, is also currently City Attorney for the City of South Miami, and in fact negotiated South Miami's own Interlocal Agreement and N.P.D.E.S. Operating Permit in conjunction with our own negotiations herein. CONCLUSION Since the EPA Rule for the NPDES Permit Regulations for Storm Water Discharges, mandates a continued monitoring of the storm water quality, this agreement should be approved to dilute the otherwise costly individual monitoring of the City outfalls. Funds for this purpose are to be appropriated from the Storm Water Utility Fund, which was established for this purpose. RMC:LF:DR:GVKvat c\vat\®•real\npaes 18 • ATTACHMENT A = Friday November 16, 1990 .• • 111. • = = Part II = = = = Environmental __ Protection Agency NO- 40 40 CFR Parts 122, 123, and 124 National Pollutant Discharge Elimination System Permit Application Regulations for Storm Water Discharges; Final Rule 1111111. • • & Printed on Recycled Paper 21 c 48082 Federal Register I Vol. 55. No. 222 / Friday. November 18, 1990 / Rules and Regulations certify.pursuant to S U.S.0 605(b).that industrial activity which may result In a the minimum of four(4)grab samples these amendments do not.have a discharge of storm water associated will be a representative sample of the significant impact on a substantial with that industrial activity.Facilities effluent being discharged.For storm number of small entities. described under I 122.26(b)(14)(x)shall water discharges.all samples shall be submit applications at least 90 days collected from the discharge resulting List of Subjects in 40 CFR Parts 122.123, before the date on which construction is from a storm event that Is greater than and 124 to commence.Different submittal dates 0.1 inch and at least 72 hours from the Administrative practice and may be required under the terms of previously measurable(greater than 0.1 procedure.Environmental protection. applicable general permits.Persons inch rainfall)storm event.Where Reporting and recordkeeping proposing a new discharge are feasible.the variance in the duration of requirements.Water A pollution3 control well n advance of thuraged to eCO or 1heir 80 dayo� event should not exceed 50 percent from the event and the total rainfall of the Authority:Clean Water Act.33 U.S.C.izs] requirements to avoid delay.See also the average or median rainfall event in • et seq.Dated:October 31.1990 paragraph(k)of this section and that area.For all applicants,a flow- William K.Reilly. §122.26(c)(1)(i)(G)and(c)(1)(ii), weighted composite shall be taken for . either the entire discharge or for the first Administrator.o te reasons stated in the (g)' ' ' three hours of the discharge.The flow- For th (3)• • •The average flow of point weighted composite sample for a storm preamble,parts 122.Feder3.al and 124ula of title sources composed of storm water may water discharge may be taken with a 40 of the Code of Federal Regulations be estimated.The basis for the rainfall continuous sampler or as a combination are amended as follows: event and the method of estimation must of a minimum of thrs sample aliquots PART 122—EPA ADMINISTERED be indicated. .• entire each hour of discharge for the PERMIT PROGRAMS;THE NATIONAL entire discharge or for tile first three POLLUTANT DISCHARGE (7)Effluent characteristics. hours of the discharge.with each aliquot • EUUINATiON SYSTEM Information on the discharge of being separated by a minimum period of pollutants specified in this paragraph fifteen minutes(applicants submitting Subpart B—Permit Application and (except information on storm water permit applications for storm water Special NPDES Program Requirements discharges which is to be provided as discharges under g 122.26(d)may collect specified in I 122.26).When flow weighted composite samples using 1.The authority citation for part 122 "quantitative data"for a pollutant are different protocols with respect to the continues to read as follows: required.the applicant must collect a time duration between the collection of Authority Clean Water Act.33 US.C.1251 sample of effluent and analyze it for the sample aliquots.subject to the approval et seq. pollutant in accordance with analytical of the Director).However,a minimum of 2.Section 122.1 is amended by methods approved under 40 CFR part one grab sample may be taken for storm revising paragraph(b)(2)(iv)to read as 136.When no analytical method is water discharges from holding ponds or follows: approved the applicant may use any other impoundments with a retention !r 122.1 Purpose and scope. suitable method but must provide a period greater than 24 hours.For a flow- • • • • • description of the method.When an weighted composite sample.only one (b)• • • applicant has two or more outfalls with analysis of the composite of aliquots is •(2) • • • substantially identical effluents.the required.For storm water discharge (iv)Discharges of storm water as set Director may allow the applicant to test samples taken from discharges forth in 1122.2&and only one outfall and report that the associated with industrial activities. • • • •• quantitative data also apply to the quantitative data must be reported for 3.Section 122.21 is amended by substantially identical outfalls.The the grab sample taken during the first requirements in paragraphs(g)(7)(iii) thirty minutes(or as soon thereafter as revising paragraph(c)(1).by removing and(iv)of this section that an applicant practicable)of the discharge for all the last sentence of paragraph(q(7),by must provide quantitative data for pollutants specified in I 122.26(c)(1).For removing paragraph(f)(9),by adding certain pollutants known or believed to all storm water permit applicants taking two sentences at the end of paragraph be present do not apply to pollutants flow-weighted composites.quantitative (g)(3).by revising paragraph(g)(7) present in a discharge solely as the data must be reported for all pollutants introductory text,by removing and result of their presence in intake water, specified in§12226 except pH. reserving paragraph(g)(10)and by however,an applicant must report such temperature.cyanide.total phenols. revising the introductory text of pollutants as present.Grab samples residual chlorine,oil and grease.fecal paragraph(k)to read as follows: must be used for pH.temperature. coliform.and fecal streptococcus,The t 122.21 Application for a pit cyanide.total phenols,residual chlorine. Director may allow or establish (applicable to State programs,see oil and grease.fecal coliform and fecal appropriate site-specific sampling •123.25). streptococcus.For all other pollutants, procedures or requirements.including • • • 24-hour composite samples must be sampling locations,the season in which (c)Time to apply.(1)Any person used.However,a minimum of one grab the sampling takes place.the minimum proposing a new discharge.shall submit -sample may be taken for effluents from duration between the previous an application at least 160 days before holding ponds or other impoundments measurable storm event and the storm the date on which the discharge is to with a retention period greater than 24 event sampled.the minimum or commence.unless permission for a later hours.In addition.for discharges other maximum level of precipitation required date has been granted by the Director. than storm water discharges,the for an appropriate storm event,the form Facilities proposing a new discharge of Director may waive composite sampling of precipitation sampled(snow melt or storm water associated with industrial for any outfall for which the applicant rain fall),protocols fo-collecting activity shall submit an application 180 demonstrates that the use of an samples under 40 CFR part 136.and days before that facility commences automatic sampler is infeasible and that additional time for submitting data on a 28 Federal Register / Vol. 55. No. Z22 / Friday. November 16, 1990 / Rules and Regulations 4806.E case-by-case basis.An applicant is quality standard or is a significant (iii)The operator of a discharge from expected to"know or have reason to contributor of pollutants to waters of the a municipal separate storm sewer which believe"that a pollutant Is present in an United States.This designation may is part of a large or medium municipal effluent based on an evaluation of the include a discharge from any separate storm sewer system must expected use.production.or storage of conveyance or system of conveyances either the pollutant.or on any previous • used for collecting and conveying storm (A)Participate in a permit application analyses for the pollutant.(For example, water runoff or a system of discharges (to be a permittee or a co-permittee) any pesticide manufactured by a facility from municipal separate storm sewers. with one or more other operators of may be expected to be present in except for those discharges from discharges from the large or medium contaminated storm water runoff from conveyances which do not require a municipal storm sewer system which the facility.) permit under paragraph(a)(2)of this covers all,or a portion of all.discharges • • section or agricultural storm water from the municipal separate storm (k)Application requirements for new runoff which is exempted from the sewer system: - sources and new discharges.New definition of point source at 1 1222 (B)Submit a distinct permit manufacturing.commercial,mining and The Director may designate discharges application which only covers silvicultural dischargers applying for from municipal separate storm sewers discharges from the municipal separate NPDES permits(except for new on a system-wide or jurisdiction-wide storm sewers for which the operator is discharges of facilities subject to the basis.In making this determination the responsible;or • requirements of paragraph(h)of this Director may consider the following (C)A regional authority may be • section or new discharges of storm factors: responsible for subnl1ffng a permit water associated with industrial activity (A)The location of the discharge with application under the following which are subject to the requirements of respect to waters of the United States as guidelines: L 1122.26(c)(1)and this section(except as defined at 40 CFR 1222 (1)The regional authority together provided by 1122.26(c)(1)(li))shall (B)The size of the discharge: with co-applicants shall have authority provide the following information to the (C)The quantity and nature of the over a storm water management Director,using the application forms pollutants discharged to waters of the program that is in existence.or shall be provided by the Director. United States;and in existence at the time part 1 of the . • (13)Other relevant factors. application is due; 4.Section 122.22(b)introductory text (2)The Director may not require a (2)The permit applicant or co- permit for discharges of storm water is revised to read as follows: runoff from mining operations or oil and maapplicants a timely submissison of part I and !r 12222 Signatories to permit appttcations gas exploratiba.production.processing part 2 of the municipal application; and reports(applicable to State programa, or treatment operations or transmission se.$12325). facilities,composed entirely of flows - Each of the operators of municipal • • • • • which are from conveyances or systems separate storm sewers within the (4) (b)All reports required by permits, of conveyances(Including but not (i)systems and(iii) b paragraphs(d(iii) and other information requested by the limited to pipes.conduits,ditches,and of Gil (iii)or t are (i).( the),and(iii) Director shall be signed by a person channels)used for collecting and of thisofitheon. esi are undergon described in paragraph(a)of this conveying precipitation runoff and purview the designated regional section.or by a duly authorized which are not contaminated by contact authority,shall comply with the representative of that person.A person with or that has not come into contact application requirements of paragraph is a duly authorized representative only with,any overburden,raw material. (d)of this section. if: intermediate products.finished product. (iv)One permit application may be • • • byproduct or waste products located on submitted for all or a portion of all 5.Section 122.26 is revised to read as the site of such operations. municipal separate storm sewers within follows: (3)Large and medium municipal adjacent or interconnected large or separate storm sewer systems.(i) medium municipal separate storm sewer 112226 Storm water discharges Permits must be obtained for all systems.The Director may issue one (appllr abl.to State NPOES programs,sae discharges from large ind medium system-wide permit covering all,or a f 12325). municipal separate storm sewer portion of all municipal separate storm (a)Permit requirement.(1)Prior to systems. sewers in adjacent or interconnected October 1.1992,discharges composed (ii)The Director may either issue one large or medium municipal separate entirely of storm water shall not be system-wide permit covering all storm sewer systems. required to obtain a NPDES permit discharges from municipal separate (v)Permits for all or a portion of all except: storm sewers within a large or medium discharges from large or medium (i)A discharge with respect to which municipal storm sewer system or issue municipal separate storm sewer systems a permit has been issued prior to distinct permits for appropriate that are issued on a system-wide. February 4.1987: categories of discharges within a large jurisdiction-wide.watershed or other (ii)A discharge associated with or medium municipal separate storm basis may specify different conditions industrial activity(see A 122.28(a)(4)): sewer system Including.but not limited relating to different discharges covered (iii)A discharge from a large to:all discharges owned or operated by by the permit.including different municipal separate storm sewer system: the same municipality;located within management programs for different (iv)A discharge from a medium the same jurisdiction;all discharges drainage areas which contribute storm municipal separate storm sewer system: within a system that discharge to the water to the system. (v)A discharge which the Director,or same watershed:discharges within a (vi)Co-permittees need only comply in States with approved NPDES system that are similar in nature:or for with permit conditions relating to programs,either the Director or the EPA individual discharges from municipal discharges from the municipal separate Regional Administrator.determines to separate storm sewers within the storm sewers for which they are contribute to a violation of a water system. operators. 29 48064 Federal Register / Vol. 65, No. 222 / Friday. November 16. 1993 I Rules and Regulations (4)Discharges through large and water runoff combined with municipal described in paragraph(b)(4)(i)of this • medium municipal separate storm sewer sewage are point sources that must section: a systems In addition to meeting the obtain NPDES permits in accordance (C)The quantity and nature of i requirements of paragraph(c)of this with the procedures of 1122.21 and are pollutants discharged to waters of the 7 section.an operator of a storm water not subject to the provisions of this United States: discharge associated with Industrial section. (D)The nature of the receiving waters: activity which discharges through a (8)Whether a discharge from a and large or medium municipal separate municipal separate storm sewer is or is (E)Other relevant factors;or storm sewer system shall submit.to the not subject to regulation under this (iv)The Director may,upon petition, operator of the municipal separate storm section shall have no bearing on designate as a large municipal separate sewer system receiving the discharge no whether the owner or operator of the storm sewer system,municipal separate later than May 15.1991.or 180 days discharge Is eligible for funding under storm sewers located within the prior to commencing such discharge:the title Il.title iR or title Vi of the Clean boundaries of a region defined by a name of the facility,a contact person Water Act.See 40 CFR part 35,subpart water regional and phone number,the location of the I,appendix A(b)H.2.j. authority storm based management a jurisdictional. re oa discharge:a description.including (b)Definitions.(1).Co-permittee watershed. s dtonr appro basis Standard Industrial Classification, means a permijtee to a NPDES permit was rshedeos one e or more ofr the bsasis which best reflects the principal that is only responsible for permit described In paragraph(b)(4)(I).(ii).(iii) products or services provided by each conditions relating to the discharge for of this section. — . facility,and any existing NPDES permit which it is operator. (5)Major muni&•• palseparote storm number. (2)Illicit discharge means any sewer outfall(or"major outfall")means storm (5)Other municipal separate storm discharge to a municipal separate storm a municipal separate sewer outfit! The Director may issue permits sewer that Is not composed entirely of that discharges from a sinle pipe with for municipal separate storm sewers storm water except discharges pursuant that are designated under paragraph to a NPDES permit(other than the an inside diameter of 36 inches or more (a)(1)(v)of this section on a system-wide NPDES permit for discharges from the or its equivalent(discharge from a single basis.jurisdiction-wide basis. municipal separate storm sewer)and conveyance other than circular pipe watershed basis or other appropriate discharges resulting from fire fighting which is associated with a drainage basis.or may issue permits for activities. area of more than 50 acres):or for individual discharges. (3)Incorporated place means the municipal separate storm sewers that .(6)Non-municipal separate storm District of Columbia,or a city.town, receive storm water from lands zoned sewers.For storm water discharges township,or village that fs incorporated for industrial activity(based on associated with industrial activity from under the laws of the State in which it Is comprehensive zoning plans or the point sources which discharge through a located. equivalent).an outfall that discharges non-municipal or non-publicly owned (4)Large municipal separate storm . from a single pipe with an inside separate storm sewer system,the sewer system means all municipal diameter of 12 inches or more or from its Director,in his discretion.may issue:a separate• storm sewers that are either. equivalent(discharge from other than a single NPDES permit,with eachcircular pipe associated with a drainage (i)Located in an incorporated place discharger a co-permittee to a permit area of 2 acres or more). with a population of 250,000 or more as issued to the operator of the portion of (6)Major outfall means a major the system that discharges into waters determ(aed by the latest Decennial �� by the Bureau of Census municipal separate storm sewer outfall. of the United States;or,individual (7)Medium municipal separate storm permits• to each discharger of storm. (appendix PI or ater associated with industrial activity (II)Located in the counties Bated in sewer system means all municipal through the non-municipal conveyance appendix H.except municipal separate separated! se ars of at red e eith ace system. storm sewers that are located in the (i) (i)All storm water discharges incorporated places.townships or towns with a population of 100.000 or more but associated with industrial activity that within such counties;or less than 250.000.as determined by the discharge through a storm water (iii)Owned or operated by a latest Decennial Census by the Bureau discharge system that is not a municipal municipality other than those described of Census(appendix G):or separate storm sewer must be covered in paragraph(b)(4)(i)or(ii)of this (ii)Located in the counties listed in by an individual permit.or a permit section and that are designated by the appendix I.except municipal separate issued to the operator of the portion of Director as part of the large or medium storm sewers that are located in the the system that discharges to waters of municipal separate storm sewer system incorporated places.townships or towns the United States,with each discharger due to the interrelationship between the within such counties:or to the non-municipal conveyance a co- discharges of the designated storm (iii)Owned or operated by a permittee to that permit. sewer and the discharges from municipality other than those described (ii)Where there is more than one municipal separate storm sewers in paragraph(b)(4)(i)or(ii)of this operator of a single system of such described under paragraph(b)(4)(i)or section and that are designated by the conveyances,all operators of storm (ii)of this section.In making this Director as part of the large or medium water discharges associated with determination the Director may consider municipal separate storm sewer system industrial activity must submit the following factors: due to the interrelationship between the applications. (A)Physical interconnections discharges of the designated storm (iii)Any permit covering more than between the municipal separate storm sewer and the discharges from one operator shall identify the effluent sewers: municipal separate storm sewers limitations,or other permit conditions.if (B)The location of discharges from described under paragraph(b)(4)(I)or any,that apply to each operator. the designated municipal separate storm (ii)of this section.In making this (7)Combined sewer systems. sewer relative to discharges from determination the Director may consider Conveyances that discharge storm municipal separate storm sewers the following factors: • 30 Federal Register / Vol. 55. No. 222 / Friday, November 16, 1990 / Rules and Regulations 48065 (A)Physical interconnections naturally-occurring surface materials storm water.For the purposes of this between the municipal separate storm that are not disturbed by mining paragraph.material handling activities sewers; operations. include the storage,loading and (B)The location of discharges from (11)Runoff coefficient means the unloading.transportation.or the designated municipal separate storm fraction of total rainfall that will appear conveyance of any raw material sewer relative to discharges from at a conveyance as runoff. Intermediate product.finished product. municipal separate storm sewers (12)Significant materials includes, by-product or waste product.The term described in paragraph(b)(7)(i)of this but is not limited to:raw materials; excludes areas located on plant lands section; fuels;materials such as solvents, separate from the.plant's industrial (C)The quantity and nature of detergents.and plastic pellets;finished activities,such as office buildings and pollutants discharged to waters of the materials such as metallic products;raw accompanying parking lots as long as United States; materials used In food processing or the drainage from the excluded areas is (D)The nature of the receiving waters; production;hazardous substances not mixed with storm water drained or designated under section 101(14)of from the above described areas. (E)Other relevant factors:or CERCLA;any chemical the facility is Industrial facilities(including Industrial (iv)The Director may.upon petition. required to report pursuant to section facilities that are Federally.State,or designate as a medium municipal 313 of tide III of SARA;fertilizers; municipally owned or operated that separate storm sewer system,municipal pesticides;and waste products such as meet the description of the facilities separate storm sewers located within ashes,slag and sludge that have the listed in this paragraph(bX14)(i)-(xi)of the boundaries of a region defined by a potential to be released with storm this section)include those facilities storm.water management regional water discharges. designated under the provisions of authority based on a jurisdictional. . (13)Storm water means storm water paragraph(a)(1)(v)of this section.The watershed,or other appropriate basis runoff.snow melt runoff,and surface following categories of fjalities see that includes one or more of the systems runoff and drainage. considered to be engaging in"industrial described in paragraphs(b)(7)(i),(ii), (14)Storm water discharge associated activity"for purposes of this subsection: (iii)of this section. with industrial activity means the (I)Facilities subject to storm water • (8)Municipal separate storm sewer discharge from any conveyance which is effluent limitations guidelines,new means a conveyance or system of used for collecting and conveying storm source performance standards,or toxic conveyances(including roads with water and which is directly related to pollutant effluent standards under 40 drainage systems,municipal streets, manufacturing,processing or raw CFR subchapter N(except facilities with catch basins,curbs,gutters,ditches, materials storage areas at an industrial toxic pollutant effluent standards which man-made channels,or storm drains): plant.The term does not include are exempted under category(xi)in (I)Owned or operated by a State,city. discharges from facilities or activities town,borough,county,parish.district, excluded from the NPDES program paragraph i) ci (b)(14)of this section): association,or other public body under 40 CFR part 122.For the (ii)Facilities classified as Standard (created by or pursuant to State law) categories of industries identified in Industrial Classifications 24(except having jurisdiction over disposal of paragraphs(b)(14)(i)through(x)of this 2434).28(except 285 and 287).28(except sewage,Industrial wastes,storm water, section.the term includes,but is not mil.29.311.32(except 323).33,3441.373; or other wastes,including special limited to,storm water discharges from (iii)Facilities classified as Standard districts under State law such as a industrial plant yards;immediate access Industrial Classifications 10 through 14 sewer district,flood control district or roads and rail lines used or traveled by (mineral industry)including active or drainage district.or similar entity,or an carriers of raw materials,manufactured inactive mining operations(except for Indian tribe or an authorized Indian products.waste material,or by-products areas of coal mining operations no tribal organization,or a designated and used or created by the facility;material longer meeting the definition of a approved management agency under handling sites;refuse sites;sites used for reclamation area under 40 CFR 434.11(1) section 208 of the CWA that discharges the application or disposal of process because the performance bond issued to to waters of the United States; waste waters(as defined at 40 CFR part the facility by the appropriate SMCRA (ii)Designed or used for collecting or 401);sites used for the storage and authority has been released,or except conveying storm water, maintenance of material handling for areas of non-coal mining operations (iii)Which is not a combined sewer., equipment sites used for residual which have been released from and. treatment,storage,or disposal:shipping applicable State or Federal reclamation (iv)Which is not part of a Publicly and receiving areas;manufacturing requirements after December 17,1990) Owned Treatment Works(POTW)as buildings;storage areas(including tank and oil and gas exploration.production. defined at 40 CFR 1222, farms)for raw materials,and processing.or treatment operations,or (9)Outfall means a point source as intermediate and finished products;and transmission facilities that discharge defined by 40 CFR 1222 at the point areas where industrial activity has storm water contaminated by contact where a municipal separate storm sewer taken place in the past and significant with or that has come into contact with. discharges to waters of the United materials remain and are exposed to any overburden.raw material. States and does not include open storm water.For the categories of intermediate products,finished conveyances connecting two municipal industries identified In paragraph products,byproducts or waste produces separate storm sewers.or pipes.tunnels (b)(14)(xi)of this section.the term located on the site of suclroperations; or other conveyances Which connect includes only storm water discharges (inactive mining operations are mining segments of the same stream or other from all the areas(except access roads sites that are not being actively mined. vaters of the United States and are used and rail lines)that are listed in the but which have an Identifiable owner/ o convey waters of the United States. previous sentence where material operator,inactive mining sites do not (10)Overburden means any material handling equipment or activities,raw include sites where mining claims are of any nature.consolidated or materials.intermediate products,final being maintained prior to disturbances inconsolidated.that overlies a mineral products.waste materials,by-products, associated with the extraction. d•'- sit.excluding topsoil or similar or industrial machinery are exposed to beneficiatlon,or processing of mined • • `31 48866 Federal Register / Vol. 55. No. 222 / Friday. November Ill. 1990 / Rules and Regulations materials.nor sites where minimal 37(except 373).38,39.4221-25,(and (B)An estimate of the area of activities are undertaken for the ask which are not otherwise included within impervious surfaces(including paved purpose of maintaining a mining claims categories(ii)-(x)): areas and building roofs)and the total (iv)Hazardous waste treatment. (c)Application requirements for storm area drained by each outfall(within• storage,or disposal facilities,including water discharges associated with mile radius of the facility)and a those that are operating under interim industrial activity—(1)individual narrative descriptioa'o(the following: status or a permit under subtitle C of application.Dischargers of storm water Significant materials that in the three RCRA: associated with industrial activity are years prior to the submittal of this (v)Landfills,land application sites, required to apply for an individual application have been treated,stored or end open dumps that receive or have permit.apply fora permit through a disposed in a manner to allow exposure received any Industrial wastes(waste group application,or seek coverage to storm water,method of treatment. that is received from any of the facilities under a promulgated storm water storage or disposal of such materials; described under this subsection) general permit.Facilities that are materials management practices including those that are subject to . required to obtain an individual permit. employed.in the three years prior to the regulation under subtitle D of RCRA: or any discharge of storm water which submittal of this application.to (vi)Facilities involved in the recycling the Director is evaluating for minimize contact by these materials of materials,including metal scrapyards. designation(see 40 CFR 124.52(c))under with storm water rnnoR:materials battery reclaimers,salvage yards.and paragraph(a)(1)(v)of this section and is loading and access areax the location. automobile junkyards,including but not a municipal separate storm sewer. manner and frequency in which limited to those classified as Standard and which is not part of a group pesticides,herbicies,soil cooditioners Industrial Classification 5015 and 5093: application'described under paragraph and fertilizers am applied:the location (vii)Steam electric power generating (cX2)of this section.shall submit an and a description of existing structural facilities.including coal handling sites: NPDES application in accordance with and non-structural control measures to (viii)Transportation facilities the requirements of f 12221 as modified reduce pollutants in storm water runoff; classified as Standard Industrial and supplemented by the provisions of and a description of the treatment the Classifications 40.41.42(except 4221- the remainder of this paragraph. storm water receives,including the 25).43.44.45.and S171 which have Applicants for discharges composed ultimate disposal of any solid or fluid vehicle maintenance shops.,equipment entirely of storm water shall submit wastes other than by discharge; cleaning operations.or airport deicing Form 1 and Form 2F.Applicants for (C)A certification that all outfalls that operations.Only those portions of the discharges composed of storm water should contain storm water discharges facility that are either involved in and non-storm water shall submit Form associated with industrial activity have vehicle maintenance(including vehicle 1.Form Z .and Form 2F.Applicants for been tested or evaluated for the rehabilitation.mechanical repairs, new Sources or new discharges(as presence of non-storm water discharges painting.fueling,and lubrication). defined in!1222 of this part)composed which are not covered by a NPDES equipment cleaning operations.airport of storm water and non-storm water. permit;tests for such non-storm water deicing operations.or which are shall submit Form 1.Form 2D.and Form discharges may include smoke tests. otherwise identified under paragraphs 2P. fluorometric dye tests.analysis of (b)(14)(i)-(vii)or(ix)-(xi)of this section (i)Except as provided in§122 26(cX1) accurate schematics,as well as other are associated with industrial activity: (ii){lv),the operator of a storm water (ix)Treatment works treating discharge associated with industrial appropriate include a tests.The ofcertificationthe shell domestic sewage ur any other sewage activity subject to this section shall the description to y to the method sludge or wastewater treatment device provide: used, date of any testing,and the on- sludge or system,used in the storage treatment. (A)A site map showing topography site drainage points that were directly recycling,and reclamation of municipal (or indicating the outline of drainage observed during a test or domestic sewage.including land areas served by the outfall(s)covered in (D)Existing information regarding dedicated to the disposal of sewage the application if*topographic map Is significant ous leaks sorspills tof fe toxfacic that or sludge that are located within the unavailable)of the facility including: have taken place pollutantst atin thethe three years confines of the facility.with a design each of its drainage and discharge e taken witof this application:eyers flow of 1.0 mgd or more.or required to structures:the drainage area of each for Quantitative submittal data basedhis have an approved pretreatment program storm water outfall:paved areas and n udder 40 CFR part 403.Not included are buildings within the drainage area of samples collected during storm events farm lands.domestic gardens or lands each storm water outfall,each past or and collected in accordance with used for sludge management where present area used for outdoor sturage or 12221 of this part from all outfalls sludge is beneficially reused and which disposal.of significant materials,each containing a storm water discharge are not physically located in the existing structural control measure to associated with industrial activity for confines of the facility,or areas that are reduce•pollutants in storm water runoff, the following parameters: in compliance with section 405 of the materials loading and access areas. (II Any pollutant limited in an effluen CWA: areas where pesticides.herbicides,soil guideline totvhich the facility is subject (x)Construction activity including conditioners and fertilizers are applied. (2)Any pollutant listed in the facility's clearing.grading and excavation each of its hazardous waste treatment. NPDES permit for its process activities except operations that result storage or disposal facilities(including wastewater(if the facility is,,perating in the disturbance of less than five acres each area not required to have a RCRA under an existing NPDES permit) of total land area which are not part of a permit which is used for accumulating (3)Oil and grease.pH.BODS.COD. larger common plan of development or hazardous waste under 40 CFR 262.30 TSS.total phosphorus.total Keldahl sale: each well where fluids from the facility nitrogen,and nitrate plus nitrite (xi)Facilities under Standard are injected underground:springs.and nitrogen: industrial Classifications 20.21.22,23. other surface water bodies which (i)Any information on the discharge 2434.25.265.267,27.283.285.30.31 receive storm water discharges from the required under paragraph 112221(1l)(71 (except 311).323.34(except 3441).35.X facility: (iii)and(iv)of this part 32 • • ' •S. , • . . Federal Register / Vol. 55, No. 222 / Friday, November 18. 1990 / Rules and Regulations 48067 (5)Flow measurements or estimates of applicable State or local erosion and approval Once a part 1 application Is the flow rate.and the total amount of sediment control requirements; approved,group applicants are to discharge for the storm event(s) (E)An estlmate•ot the runoff submit Part 2 of the group application to sampled,and the method of flow coefficient of the site and the increase In the Office of Water Enforcement and measurement or estimation:and impervious area after the construction Permits.A group application shall (6)The date and duration(in hours)of addressed in the permit application is consist oh the storm event(s)sampled.rainfall completed the nature of fill material (I)Part I.Part 1 of a group application • measurements or estimates of the storm and existing data describing the soil or shall: event(in inches)which generated the the quality of the discharge:and (A)Identify the participants in the sampled runoff and the duration (F)The name of the receiving water. group application by name and location. between the storm event sampled and (iii)The operator of an existing or new Facilities participating in the group the end of the previous measurable discharge composed entirely of storm application shall be listed in nine (greater than 0.1 inch rainfall)storm water from an oil or gas exploration, subdivisions,based on the facility • event(in hours): production,processing,or treatment location relative to the nine (F)Operators of a discharge which is operation,or transmission facility is not precipitation zones indicated in composed entirely of storm water are required to submit a permit application appendix E to this part. exempt from the requirements of in accordance with paragraph(c)(1)(i)of (B)Include a narrative description 1 122-21(g)(2).(g)(3).(g)(4),(g)(n this section,unless the facility: summarizing the Industrial activities of (g)(7)(i).(g)(7)(ii),and(g)(7)(v):and (A)Has had a discharge of storm participants of the group application and (C)Operators of new sources or new water resulting in the discharge of a explaining why the pertloipants.as a discharges(as defined in 11222 of this reportable quantity for which whole.are sufficientry similar to be a part)which are composed in part or notification is or was required pursuant covered by a general perpib entirely of storm water must include to 40 CFR 117.21 or 40 CFR 3026it (C)Include a list of significant estimates for the pollutants or anytime since November 16.1967;or materials stored exposed to parameters listed in paragraph (B)Has had a discharge of storm precipitation by participants In the (cX1)(i)(E)of this section instead of water resulting in the discharge of a _ group application and materials actual sampling data.along with the reportable quantity for which management practices o t employedd source of each estimate.Operators of notification is or was required pursuant diminish contact by these employed materialsto with new sources or new discharges to 40 CFR 110.6 at any time since precipitation and storm water ; composed in part or entirely of storm November 16,1967;or water must provide quantitative data for (C)Contributes to a violation of a (D).Identify ten percent of the the parameters listed in paragraph water quality standard discharger participating in the group (c)(1)(i)(E)of this section within two (iv)The operator of an existing or new application(with a minimum of 10 years after commencement of discharge, discharge composed entirely of storm dischargers.and either a minimum of unless such data has already been water from a mining operation is not two discharger from each precipitation reported under the monitoring required to submit a permit application zone indicated in appendix E of this part requirements of the NPDES permit for unless the discharge has come into in which ten or more members of the the discharge.Operators of a new contact with,my overburden.raw group are located,or one discharger source or new discharge which is material,intermediate products.finished from each precipitation zone indicated composed entirely of storm water are product.byproduct or waste products ' in appendix.E of this part in which nine exempt from the requirements of located on the site of such operations. or fewer members of the group are 1122.21(k)(3)(ii).(kX3)(iii).and(k)(5). (v)Applicants shall provide such located)from which quantitative data (ii)The operator of an existing or new other information the Director may will be submitted in part 2.1f more than storm water discharge that is associated reasonably require under 112221(8)(13) 1,000 facilities are identified in a group with industrial activity solely under of this part to determine whether to application.no more than 100 paragraph(bX14)(x)of this section,is issue a permit and may require any dischargers must submit quantitative exempt from the requirements of facility subject to paragraph(c)(1)(ti)of data to Part 2.Croups of between four 112221(g)and paragraph(cX1)(1)of this, this section to comply with paragraph and ten dischargers may be formed. section.Such operator shall provide a (cX1X1)of this section. However,In groups of between four ana narrative description oh (2)Group application for discharges ten,at least half the facilities must (A)The location(including a map) associated with industrial activity.In submit quantitative data,and at least and the nature of the construction lieu of individual applications or notice one facility in each precipitation zone in activity: of intent to be covered by a general which members of the group are located (B)The total area of the site and the permit for storm water discharges must submit data.A description of why area of the.site that is expected to associated with industrial activity.a the facilities selected to perform undergo excavation during the life of the group application may be filed by an sampling and analysis are permit: entity representing a group of applicants representative of the group as a whole in (C)Proposed measures,including best (except facilities that have existing terms of the information provided in management practices.to control individual NPDES permits for storm paragraph(cX1)(i)(Bland(1)(C)of this pollutants in storm water discharges water)that are part of the same section,shall accompany this section. - during construction.including a brief subcategory(see 40 CFR subchapter N. Different factors impacting.the nature of description of applicable State and local part 405 to 471)or,where such grouping the storm water discharges.such as erosion and sediment control is inapplicable,are sufficiently similar processes used and material requirements; as to be appropriate for general permit management shall be represented.to (D)Proposed measures to control coverage under I 122.28 of this part.The the extent feasible.in a manner roughly pollutants in storm water discharges part I application shall be submitted to equivalent to their proportion in the that will occur after construction the Office of Water Enforcement and group. ope ations have been completed Permits.US.EPA,401 M Street.SW. (ii)Port 2 Part 2 of a group Inc(.ding a brief description of Washington.DC 204e0(EN-336)for application shall contain quantitative 33 • • 42061 Federal Register / Vol. 55, No. 222 1 Friday. November ie. 1990 1 Rules and Regulations data(NPDES Form 2F).as modified by (2)A description of the land use quality standards due to storm sewers. paragraph(c)(1)of this section.so that activities(e.g.divisions indicating construction.highway maintenance and when part i and part 2 of the group undeveloped,residential,commercial, runoff from municipal landfills and application are taken together.• agricultural and industrial uses) municipal sludge adding significant complete HIVES application(Form 1. accompanied with estimates of pollution(or contributing to a violation Form 2C,and Form 2F)can be evaluated population densities and projected of water quality standards); for each discharger identified in growth for a ten year period within the (4)Identified and classified according paragraph(c)(2)(i)(D)of this section. drainage area served by the separate to eutrophic condition of publicly owned (d)Application requirements for Jorge storm sewer.For each land use type.an lakes listed in State report required and medium municipal separate storm estimate of an average runoff coefficient under section 314(a)of the CWA sewer discharges.The operator of a shall be provided: (include the following:A description of discharge from a large or medium (3)The location and a description of those publicly owned lakes for which municipal separate storm sewer or a the activities of the facility of each uses are known to be Impaired:a • municipal separate storm sewer that is currently operating or dosed municipal description of procedures,processes and designated by the Director under landfill or other treatment,storage or methods to control the discharge of paragraph(a)(1)(v)of this sedioa.may disposal facility for municipal waste, pollutants from municipal separate submit a jurisdiction-wide or system- (4)The location and the permit storm sewers Into such lakes;and a wide permit application.Where more number of any known discharge to the description of methods and procedures than one public entity owns or operates municipal storm sewer that has been to restore the quality Of such lakes): a municipal separate storm sewer within issued a NIMES permit: (5)Areas of concern of the Great a geographic area(including adjacent or (5)The location of major structural Lakes identified bf the International interconnected municipal separate controls for storm water discharge joint Commisaloa: i storm sewer systems).such operators (retention basins,detention basins. (8)Designated estuaries under the may be a coapplicant to the same major infiltration devices,etc.):and National Estuary application.Permit applications for (6)The Identification of publiclyProgram rendertiO° 320 of the CWA: discharges from large and medium -owned parks,recreational areas,and municipal storm sewers or municipal other open lands. (7)Recognized by the applicant as storm sewers designated under (iv)Discharge characterisation.(A) highly valued or sensitive waters; • paragraph(aX1)(v)of this section shall Monthly mean rain and snow fall (8)Defined by the State or U.S.Fish include: estimates(or summary of weather and Wildlife Services's National (1)Part 1.Part 1 of the application bureau data)and the monthly average Wetlands Inventory as wetlands:and shall consist of; number of storm events. (9)Found to have pollutants in bottom • (i)General information.The (B)Existing quantitative data sediments.fish tissue or biosurvey data. applicants'name.address.telephone describing the volume and quality of (I))Field sa'eenirtg Results of a field number of contact person.ownership discharges from the municipal storm screening analysis for illicit connections status and status as a State or local sewer,Including a description of the and illegal dumping for either selected government entity. outran.,sampled,sampling procedures field screening points or major outfalls (ii)Legal authority.A description of and analytical methods used covered in the permit application.At a existing legal authority to control (C)A list of water bodies that receive minimum.a screening analysis shall discharges to the municipal separate discharges from the municipal separate include a narrative description.ter storm sewer system.When existing storm sewer system.including either each field screening point or legal authority is not sufficient to meet downstream segments,lakes and major outran.of visual observations the criteria provided in paragraph estuaries.where pollutants from the made during dry weather periods.If any (d)(2)(i)of this section.the description system discharges may accumulate and flow is observed.two grab samples shall shall list additional authorities as will cause water degradation and a brief be collected during a 24 hour period be necessary to meet'the criteria and description of known water quality with a minimum period of four hours shall include a schedule and impacts.At a minimums the description between samples.For all such samples, commitment to seek such additional of impacts shall include a description of a narrative description of the color. authority that will be needed to meet the whether the water bodies receiving such odor.turbidity,the presence of an oil criteria. discharges have been: sheen or surface scum as well as any (iii)Source identification.(A)A (1)Assessed and reported In section other relevant observations regarding description of the historic use of 305(b)reports submitted by the State, the potential presence of non-storm ordinances,guidance or other controls the basis for the assessment(evaluated water discharges or illegal dumping which limited the discharge of non- or monitored),a summary of designated shall be provided.In addition,a storm water discharges to any Publicly use support and attainment of Clean narrative description of the results of a Owned Treatment Works serving the Water Act(CWA)goals(fishable and field analysis using suitable methods to same area as the municipal separate swimmable waters),and causes of estimate pH,total chlorine,total copper, storm sewer system. nonsupport of designated uses: total phenol.and detergents(or (B)A USGS 7.5 minute topographic (2)Listed ander section 304(IX1)(AXi). surfactants)shall be provided along map(or equivalent topographic map section 304(i)(1)(A)(ii),or section with a description of the flow rate. with a scale between 1:10.000 and 304(1)(1)(B)or the CWA that is not Where the field analysts does not 1:24,000 if cost effective)extending one expected to meet water quality involve analytical methods approved mile beyond the service boundaries of standards or water quality goals: under 40 CFR part 138,the applicant the municipal storm sewer system (3)Listed in State Nonpoint Source shall provide a description of the covered by the permit application.The Assessments required by section 319(a) method used Including the name of the following information shall be provided: of the C1NA that.without additional manufacturer of the test method along (1)The location of known municipal action to control nonpoint sources of with the range and accuracy of the test. storm sewer system outfalls discharging pollution,cannot reasonably be Field screening points shall be either to waters of the United States: expected to attain or maintain water major outfalls or other outfan points(or • 34 . • s Federal Register / Vol. 55, No. 222 / Friday. November 18, 1990 / Rules and Regulations 4!l088 any other point of access such as boundaries of the municipal storm sewer operate pursuant to legal authority manholes)randomly located throughout system,thereby creating a series of established by statute.ordinance or the storm sewer system by.placing a cells;the applicant will then select series of contracts which authorizes or grid over a drainage system map and major outfalls in as many cells as enables the applicant at a minimum to: identifying those cells of the grid which possible until at least 500 major outfalls (A)Control through ordinance,permit, contain a segment of the storm sewer (large municipalities)or 250 major contract,order or similar means, the system or major outfall.The field outfal a(medium municipalities)are contribution of pollutants to the screening points shall be established selected:a field screening analysis shall municipal storm sewer by storm water using the following guidelines and be undertaken at these major outfalls, discharges associated with industrial criteria: (E)Characterization plan.Information activity and the quality of storm water (1)A grid system consisting of and a proposed program to meet the discharged from sites of industrial perpendicular north-south and east-west requirements of paragraph(dX2)(iii)of activity; lines spaced y4 mile apart shall be this section.Such description shall (B)Prohibit through ordinance,order overlayed on a map of the municipal Include:the location of outfalls or'field or similar means,Illicit discharges to the storm sewer system,creating.a series of screening points appropriate for cells: representative data collection under municipal separate storm sewer, (2)All cells that contain a segment of paragraph(d)(2)(iii)(A)of this section.a similar Control through discharge to order the storm sewer system shall be description of why the outfall or field m n l means the di se a fa identified one field screening point shall screening point is representative,the smunicipal sedumpingparate storm sewer to be selected in each cell:major outfalls seasons during.which sampling is oilier, storm or disposal of materials • may be used as field screening points: intended,a description of the sampling other thanControl h widen i (3)Field screening points should be equipment.The proposed location of rD)agreements among through co cosi:10 nta located downstream of any sources of outfalls or field screening pointefor such of pollutant!' uta.ngp from the suspected illegal or illicit activity, sampling should reflect water quality contributionportionoft of uni p l system one (4)Field screening points shall be concerns(see paragraph(d)(1)(iv)(C)of he of the n of municipal tos , located to the degree practicable at the this section)to the extent practicable. another portion of the cewith system; farthest manhole or other accessible (v)Management programs.(A)A (E)Require compliance with location downstream in the system, description of the existing management CO°drtions in ordinances,permits, within each cell:however.*safety of programs to control pollutants from the contracts or orders;and personnel and accessibility of the municipal separate storm sewer system. Carry out all inspection, location should be considered in making The description shall provide surveillance and monitoring procedures this•determination: information on existing structural and necessary to determine compliance and (.5)Hydrological conditions:total source controls,including operation and noncompliance with permit conditions drainage area of the site;population maintenance measures for structural including the prohibition on illicit density of the site;traffic density;age of controls,that are currently being discharges to the municipal separate the structures or buildings in the area: implemented.Such controls may storm sewer. • history of the area:and land use types: include,but are not limited to: (ii) identification.The location (6)For medium municipal separate Procedures to control pollution resulting of any major outfall that discharges to storm sewer systems,no more than 250 from construction activities,'floodplain waters of the United States that was not cells need to have identified field management controls;wetland reported under paragraph(d)(1Xiii)(B)(1) screening points;in large municipal protection measures:best management of this section.Provide an inventory. separate storm sewer systems,no more practices for new subdivisions:and organized by watershed of the name an i than 500 cells need to have identified emergency spill response progr ma.The address,and a description(such as SIC . field screening points;cells established description may address controls codes)which best reflects the principal by the grid that contain no storm sewer established under State law as well as products or services provided by each segments will be eliminated from local requirements. facility which may discharge,to the consideration;if fewer than 250 cells in (B)A description of the existing municipal separate storm sewer,storm medium municipal sewers are created program to identify illicit connections to water associated with industrial and fewer than 500 in large systems are the municipal storm sewer system.The activity; created by the overlay on the municipal description should include inspection (lii)Characterization data.When • sewer map.then all those cells which procedures and methods for detecting "quantitative data"for a pollutant are contain a segment of the sewer system and preventing illicit discharges.and required under paragraph shall be subject to field screening describe areas where this programd)(a)(iil)(A)(3)of this paragraph, (unless access to the separate has ( p ample ,the storm been Implemented. applicant must collect a sample of sewer system is impossible);and (vi)Fiscal resources.(A)A effluent in accordance with 40 CFR (7)Large or medium municipal description of the financial resources 122.21(8)(7)and analyze it for the separate storm sewer systems which are currently available to the municipality pollutant in accordance with analytical unable to utilize the procedures to complete part 2 of the permit methods approved under 40 CFR part described in paragraphs(d)(1)(iv)(D)(1) application.A description of the 138.When no analytical method is through(6)of this section,because a municipality's budget for existing storm approved the applicant may use any sufficiently detailed map of the separate water programs,Including an overview suitable method but must provide a, storm sewer systems is unavailable, of the municipality's financial resources description of the method.The applicant shall field screen no more than 500 or and budget.including overall must provide information characterizing 250 major outfalls respectively(or all indebtedness and assets,and sources of the quality and quantity of discharges major outfalls in the system.if less):in funds for storm water programs. covered in the permit application, such circumstances,the applicant shall (2)Part 2 Part 2 of the application including: establish a grid system consisting of shall consist of: (A)Quantitative data from north-south and east-west lines spaced (i)Adequate legal authority.A representative outfalls designated by the 54 mile apart as an overlay to the demonstration that the applicant can Director(based on information received 35 • 48070 Federal Register / Vol. SS.'No. 222 / Friday, November 1a, 1990 / Rules and Regulations in part 1 of the application,the Director cumulative discharges to waters of the the expected reduction of pollutant shall designate between five and ten United States from all identified loads and a proposed schedule for outfalls or field screening points as municipal outfalls during a storm event implementing such coatrda,At a representative of the commercial. (as described under I 122 21(e)(7))for minimu the description shall Include: residential and industrial land use BODs,COD.TSS,dissolved solids,total (1)A m,desc iption of maintenance activities of the drainage area nitrogen,total ammonia plus organic activities and a maintenance schedule contributing to the system or.where nitrogen,total phosphorus,dissolved for structural controls to reduce there are less than five outfalls covered phosphorus,cadmium,copper.lead.and pollutants(including floatables)In in the application,the Director shall zinc.Estimates shall be accompanied by discharges from municipal separate designate all outfalls)developed as a description of the procedures for storm sewers; follows: estimating constituent loads and (2)A description of planning (1)For each outfall or field screening concentrations,including any modelling, pro• cedures including a comprehensive point designated under this data analysts,and calculation methods: master plan to develop.Implement and ' collected of storm h. water dles ischarges from esl be timates es for each major outfall roposed schedule to provide of o pollutants controls to reduce the discharge ate three storm events occurring at least one identified in either paragraph(d)(2)(ii)or of sewers which urealveldischarges t month apart in accordance with the (d)(1)(iii)(B)(1)of this section of the from areas of new development an Director may allow requirements at I 122.21(8)(7) xec pt exemptions to mean cone seasonal centration of a representatillutant load and of the ve significantshalladdress sredevelopment.con istoreduceSuch plan sampling three storm events when storm for any constituent detected in pollutants ants Ins discharges s ommunicipal pollutants di climatic conditions create good cause any sample required under paragraph separate storm'Ewers after construction for such exemptions): (d)(2)(iii)(A)of this section:and is completed.(Cantata to reduce • (2)A narrative description shall be (D)A proposed monitoring program pollutants in discharges provided of the date and duration of the for representative data collection for the separate from municipal storm event(s)sampled,rainfall term of the permit that describes the con s site sewers are addressed location of outfalls or field screening construction rash( v)(D)runo o this section: in • estimates of the storm event which paragraph p (d)(2 it generated the sampled discharge and points to be sampled(or the location of 3 a e x 1of practicesseoron; the duration between the storm event instreem stations).why the location is (3)A description maintainingpublic for sampled and the end'of the previous representative.the frequency of operating and andhighways measurable(greater than 0.1 inch sampling.parameters to be sampled, streets,roads highways and rainfall)storm event: and a description of sampling procedures for reducing discharges from on •(3)For samples collected and equipment. receiving waters of described under paragraphs(d)(2)(iii) (iv)Proposed management program.A municipal storm sewersystems. (A)(1)and(A)(2)of this section, proposed management program covers tndud pollutants discharged as a quantitative data shall be provided for the duration of the permit,It shall result of deicing activitle>; the organic pollutants listed in Table 11; include a comprehensive planning (4)A description of procedures to the pollutants listed in Table III(toxic process which involves public assure that flood management projects metals.cyanide.and total phenols)of participation and where necessary assess the impecti on the water quality• appendix D of 40 CFR part 122,and for intergovernmental coordination,to of ving water bodies and that the following pollutants: reduce the discharge of pollutants to the existing structural flood control devices maximum extent practicable using have been evaluated to determine if Total suspended solids(TSSI management practices,control ' retrofitting the•devlce to provide COSdissolved solids(TDS) techniques and•system,design and additional pollutant removal from storm BOD. engineering methods,and such other water Is feasible; Oil and grease provisions which are appropriate.The (5)A descriptlon of a program to Fecal coliform program shall also include a description monitor pollutants in runoff from Fecal streptococcus . of staff and equipment available to operating or closed municipal landfills pH implement the program.Separate or other treatment.storage or disposal Total Kjeldahl nitrogen proposed programs may be submitted by facilities for municipal waste,which Nitrate plus nitrite each coapplicant.Proposed programs shall identify priorities and procedures Dissolved phosphorus may impose controls on a systemwide for inspections and establishing and Total ammonta plus organic nitrogen emwim le Total phosphorus basis,a watershed basis,a jurisdiction implementing control measures for such basis,or on individual outfalls.Proposed discharges(this program can be (4)Additional limited quantitative programs will be considered by the coordinated with the program developed data required by the Director for Director when developing permit under paragraph(d)(2)(ivXC)of this determining permit conditions(the conditions to reduce pollutants in section):and Director may require that quantitative discharges to the maximum extent (6)A description of a program to data shall be provided for additional practicable.Proposed management reduce to the maximum extent parameters,and may establish sampling programs shall describe priorities for practicable,pollutants in discharges conditions such as the location,season implementing controls.Such programs from municipal separate storm sewers of sample collection,form of shall be based on: associated with the application of precipitation(snow melt,rainfall)and (A)A description of structural and pesticides,herbicides and fertilizer other parameters necessary to insure source control measures to reduce which will indude,as appropriate. representativeness): pollutants from runoff from commercial controls such as educational activities. (8)Estimates of the annual pollutant and residential areas that are permits;certifications and other load of the cumulative discharges to discharged from the municipal storm measures for commercial applicators waters of the United States from all sewer system that are to be and distributors.and controls for identified municipal outfalls and the implemented during the life of the application in public right-of-ways and event mean concentration of the permit.accompanied with an estimate of at municipal facilities. 36 Federal Register / Vol 55. NQ. 222 / Friday, November 18, 1990 / Rules and Regulations' 48071 (B)A description of a program. (5)A description of a program to characteristics of soils and receiving induding a schedule.to detect and promote.publicize.and facilitate public water quality;and remove(or require the discharger to the reporting of the presence of illicit (4)A description of appropriate municipal separate storm sewer to discharges or water quality impacts educational and training measures for obtain a separate NPDES permit for) associated with discharges from construction site operators. illicit discharges and Improper disposal municipal separate storm sewers; (v)Assessment of controls.Estimated into the storm sewer.The proposed (B)A description of educational reductions in loadings of pollutants from program shall include: activities.public information activities. discharges of municipal storm sewer (1)A description of a program. and other appropriate activities to constituents from municipal storm sewer induding inspections.to implement and facilitate the proper management and systems expected as the result of the enforce an ordinance.orders or similar disposal of used oil and toxic materials; municipal storm water quality means to prevent illicit discharges to the and management program.The assessment municipal separate storm sewer system; (7)A description of controls to limit shall also identify known impacts of this program description shall address infiltration of seepage from municipal storm water controls on ground water. all types of illicit discharges,however sanitary sewers to municipal separate (vi)Fsao/analysis.For each fiscal the following category of non-storm storm sewer systems where necessary: year to be covered by the permit.a water discharges or flows shall be (C)A description of a program to fiscal analysis of the necessary capital addressed where such discharges are monitor and control pollutants in storm and operation and maintenance identified by the municipality as sources water discharges 10 municipal systems expenditures necessary to accomplish of pollutants to waters of the United from municipal landfills,hazardous the activities of the programs under States:water line flushing,landscape waste treatment.disposal and recovery paragraphs(dX2)(lii),and(iv)of this irrigation.diverted stream flows,rising facilities,industrial facilities that are section.Such analysis shall include a ground waters,uncontaminated ground subject to section 313 of title III of the description of the source drfunds that water infiltration(as defined at 40 CFR Superfund Amendments and 35.2035(20))to separate storm sewer', Reauthorization Act of 1988(SARA). expenditures, x Proposed to meet the necesary uncontaminated pumped ground water. and industrial facilities that he on of such fundding legal restrictions discharges from potable water sources, municipal permit applicant determines on the use r such funds' foundation drains,air conditioning are contributing a substantial pollutant (vii)When more than one legal entity condensation,irrigation water,springs, loading to the municipal storm sewer submits an na a description the application water from crawl space pumps,footing system.The program shall: shall contain•description of the roles drains,lawn watering,individual (1)Identify priorities and procedures and responsibilities of each legal entity residential car washing.flows from for inspections and establishing and' and procedures to ensure effective riparian habitats and wetlands, implementing control measures for such Coordination, dechlorinated swimming pool discharges; ( i)When requirements under discharges,and street wash water (2)Describe a monitoring program for paragraph(dX1)(iv)(E) (dx2HIQ. (program descriptions shall address storm water discharges associated with (d)(2Hiii)(B)and(d)(2Xiv)of this section discharges or flows from fire fighting the industrial facilities identified in are not practicable or are not applicable, only where such'discharges or flows are paragraph(d)(2XivXC)of this section,to the Director may exclude any operator identified as significant sources of be Implemented during the term of the of a discharge from a municipal separate pollutants to waters of the United permit,including the submission of storm sewer which is designated under States); quantitative data on the following PorograPh(al(1Hv),(bX4HiI)or(bX7H1i) (2)A description of procedures to constituents:any pollutants limited in of this section from such requirements. conduct on-going field screening effluent guidelines subcategories,where The Director shall not exclude the activities during the life of the permit. applicable;any pollutant listed in an operator of a discharge from a municipal including areas or locations that will be existing NPDES permit for a facility:oil separate storm sewer identified in evaluated by such field screens; and grease.COD.pH,BOD,.TES,total appendix F.G.H or I of part 122,from (3)A description of procedures to be phosphorus,total Kjeldahl nitrogen. any of the permit application followed to investigate portions of the nitrate plus nitrite nitrogen,and any requirements under this paragraph separate storm sewer system that.based information on discharges required except where authorized under this on the results of the field screen,or under 40 CFR 122.21(g)(7)(iii)and(Iv). section. other appropriate information,indicate a (D)A description of a program to (e)Application deadlines.Any reasonable potential of containing illicit implement and maintain structural and operator of a point source required to discharges or other sources of non-storm non-structural best management obtain a permit under paragraph(aX1) water(such procedures may include: practices to reduce pollutants in storm of this section that does not have an sampling procedures for constituents water runoff from construction sites to effective NPDES permit covering its such as fecal coliform.fecal the municipal storm sewer system. storm water outfalla shall submit an streptococcus.surfactants(MBAS), which shall Include: application in accordance with the residual chlorine,fluorides and (1)A description of procedures for site following deadlines: potassium:testing with fluorometric planning whichincorporete (1)For any storm water discharge dyes;or conducting in storm sewer consideration of potential water quality associated with industrial activity inspections where safety and other impacts; identified in paragraph(bX14)(i)(xi)of considerations allow.Such description (2)A description of requirements for this section,that is not part of a group shall include the location of storm nonstructural and structural best application as described in paragraph sewers that have been identified for management practices; (c)(2)of this section or which is not such evaluation} (3)A description of procedures for covered under a promulgated storm (4)A description of procedures to identifying priorities for inspecting sites water general permit.a permit prevent.contain,and respond to spills and enforcing control measures which application made pursua to paragraph .hat may discharge into the municipal consider the nature of the construction (c)of this section shall be submitted to separate storm sewer, activity,topography,and the the Director by November 18.1991: :3,7 . 48072 Federal Register / VoL 55.- No. 222 /'Friday. November 18. 1990 / Rules and'Regulations (2)For any group application (iii)Part 2 of the application shall be the.locatioa of any combined sewer submitted to accordance with paragraph submitted to the Director by May.17, overflow discharge point. (c)(2)of this section: 1993. (4)Any person may petition (i)Part 1 of the application shall be (5)A permit application shall-beDirector for the desigctation�(athe large or submitted to the Director.Office of submitted to the Director within ea days medium municipal separate atom sewer Water Enforcement and Permits by of notice,unless permission for a later system as defined by paragraphs • March 18.1991: date is granted by the Director(see 40 (b)(4)(iv)or(b)(7)(iv)of this section. (ii)Based on information in the part 1 CFR 124.52(c)).for. (5)The Director shall make a final application.the Director will approve or (i)A storm water discharge which the determination on any petition received deny the members in the group Director,or In States with approved under this section within 90 days after .s application within 60 days after NPDES programs.either the Director or receiving the petition. receiving part 1 of the group application. the EPA Regional Administrator, 6.Section 122 t8(b(2j(i)is nursed to. (iii)Part 2 of the application shall be determines that the discharge read as follows: ) submitted to the Director,Office of contributes to a violation of a water Water Enforcement and Permits no later quality standard or is a significant f i222s General permits(sppacawe to than 12 months after the date of contributor of pollutants to waters of the State NPDES programs,see f i23.25). approval of the part 1 application. United States(see paragraph(a)(1)(v)of • (iv)Facilities that are rejected as this section): (b) • • • members of a group by the permitting (ii)A storm water discharge subject to (2)Requiring an individual permit(i) 4 authority shall have 12 months to file an paragraph(c)(1)(v)of this section. The Director may re.cpdre any discharger individual permit application from the (6)Facilities with existing NPDES authorized by a general permit to apply ' date they receive notification of their permits for storm water discharges for and obtain an indivitial • rejection. associated with industrial actively shall permit.Any interested person may 1 (v)A facility listed under paragraph maintain existing permits.New petition the Director to take action (b)(14)(t)-(xi)of this section may add on applications shall be submitted in under this paragraph.Cases where an to a group application submitted in accordance with the requirements of 40 individual NPDES permit may be • accordance with paragraph(eX2XI)of CFR 122.21 and 40 CFR 122.28(c)1e0 required include the following: • this section at the discretion of the days before the expiration of such (A)The discharger or"treatment Office of Water Enforcement and permits.Facilities with expired permits works treating domestic sewage"is not Permits,and only upon a showing of or permits due to expire before May 18. in compliance with the conditions of the good cause by the fadlityand the group 1992,shall submit applications In. general NPDES permit applicant the request for the additionrof accordance with the deadline set forth (B)A change has occurred In the the facility shall be made no later than under paragraph(e)(1)of this section. availability of demonstrated technology February 18.1992;the addition of the (f)Petitions.(1)Any operator of a or practices for the control or abatement facility shall not cause the percentage of municipal separate storm sewer system of pollutants applicable to the point the facilities that are required to submit may petition the Director to require a source or treatment works treating quantitative data to be less than 1011, separate NPDES permit(or a permit domestic sewage; unless there are over 100 facilities In the issued under an approved NPDES State e group that are submitting quantitative program)for any discharge into the (C)Effluent guidelines data:approval to become part of group municipal separate storm sewer system. promulgatedgr for point sources covered application must be obtained from the (2)Any person may petition the by the general NPDES permit ement group or the trade association - Director to require a NPDES permit for i plain coolaiA Water requirement'applicable representing the individual facilities. discharge which is composed entirely of to such point sources is approved: (3)For any discharge from a large storm water which contributes to a (E)Circumstances have changed since municipal separate storm sewer system; violation of a water quality standard or the time of the request to be covered so (I)Part 1 of the application shall be is a significant contributor of pollutants that the discharger is as longer submitted to the Director by November to waters of the United States. appropriately controlled under the 18,1991: (3)The owner or operator of a general permit..or either a temporary or (ii)based on information received in munidpal separate storm sewer system permanent reduction or elimination of the part 1 application the Director will may petition the Director to reduce the the authorized discharge is necessary: approve or deny a sampling plan under Census estimates of the population paragraph(d)(i)(iv)(E)of this section served by such separate system to (F)Standards for sewage sludge use within 90 days after receiving the part 1 account for storm water discharged to the disposalludge uhse ande disposalen promulgated for application:.• combined sewers as defined by 40 CFR sludge use practice (iii)Part 2 of the application shall be 35.2005(b)(11) covered by the general NPDES permit pp that is treated In a • submitted to the Director by November publicly owned treatment works.In or i 16.1992. municipalities in which'combined (G) ntr The discharge(s)is a-significant (4)For any discharge from a medium sewers are operated,the Census contributor of pollutants..In making this municipal separate storm sewer system: estimates of population may be reduced determination,the Director may (i)Part 1 of the application shall be proportional to the fraction.based on consider the following factors: submitted to the Director by May 18. estimated lengths,of the length of (I)The location of the discharge with 1992 combined sewers over the sum of the respect to waters of the United States: (ii)Based on information received N length of combined sewers and (2)The size of the discharges the part I application the Director will municipal separate storm sewers where (3)The quantity and nature of the approve or deny a sampling plan under an applicant has submitted the NPDES pollutants discharged to waters of the paragraph(d)(1)(iv)(E)Of this section permit number associated with each United States:and within 90 days after receiving the part 1 discharge point•and a map indicating (4)Other relevant factors: application. areas served by combined sewers and • 38 . 1 Federal Register /.Vol.,55. No. 222 / Friday. November 18. 1990 / Rules and Reguladons 44073 7.Section 122.42 is amended by the anniversary of the date of the application under 1 122.28(d)(2)(iv)and adding paragraph(c)to read as follows: issuince of the permit for such system. (d)(2)(v)of this part; The report shall Include: (4)A summary of data.Including 122.42 Additional conditions apple (1)The status of Implementing the monitoring data.that is accumulated to specified ateportis of WOES permits components of the stormr waterg throughout the reporting year. to Stet,NPOEs proprart+s'see management program that are (5)Annual expenditures and budget established as permit conditions; for year following each annual report • (a)A summary describing the number (2)Proposed changes to the storm and nature of enforcement actions. (c)Municipal separate storm sewer water management programs that are and nature and public education systems.The operator of a large or established as permit condition.Such medium municipal separate storm sewer Pro sad changes shall be consistent Pr°gnmx system or a municipal separate storm withi 122.28(d)(2)(tii)of this part and (7)Identification of water quality Improvements or degradation: •' sewer that has been designated by the (3)Revisions,if necessary,to the 7a.Part 1221i amended b adding part must submit an annual report by analysts reported in the permit appendices E through I as follows: Appendix E to Part 122—Rainfall Zones.of the United States Sew i. sell P 8� 9� 446 - � �lir (),A1 �_' .nett Fp_ 0, irem. S lig. @ 0 • • mill 1111111111r .., V.°14 -.ma al: © ' . a,u. 2Sott Not Shown:Alaska(Zone 7k Hawaii(Zone Appendix F to Part 122—incorporated 7k Northern Mariana Islands Incorporat pews ed (Zone 7k Guam Places With Populations Greater Than (Zone 7k American Samoa(Zone 7k Ttnst 250,000 According to Latest DecennVt Colorado De111ier Territory of the Pacific islands(Zone 7k Census by Bureau of Census. District al Coknmis Puerto Rico(Zone S)Virgin Islands(Zone 3). Florida JSdJCmite. Source:Methodology for Analysis of Stan Incorporated place frwml Detention Basins for Control of Urban Runoff Tanya Georgia Afoot& Quality.prepared for U.S.Environmental Alabama Sian _ lanois gum" Protection Agency,Office of Water.Nonpoint Amens PNosnar. mama Mdense a. Source Division.Washington.DC.19ee. Tucson Kars• Wichita. Grimes —_—. Long Bead'. Kentucky Louis & Los Mgstas. Louisiana New G1Uns. - Sacramento. llassadusete• Boston. San Diego. Michigan IV San Fnncieco. Jose. St. San J 9 - e . • ' r d Federal Register / Vol. $5. No. 222 / Friday. November 16. 1996 / Rules and.Regulatioos - '.,Tab beteg:40W Owe Stale inomPoraaat glace Appeadbc H to het 122-Counties with - Unincorporated Urbanised Maas With a lissom •Ksnaas Cy. Haled% Population of 25%000 or More According M.Lstda Harwood la the Latest Decennial Census by the Nebraska Oasts Odeda Bureau of Census New Jersey Nsrart St P.braburg. N..& :oo A4rratsrvua Georgia_ Catkatbu. _ N..Yott t Macon. • Bow Borough. Sa irhalt Seats Carey ad Brooklyn Borough. Idaho Son Ob. population . Peals Omar.. o d Caitomla t Aa __._ • 912.464 Staten Non h Carving' Mariana mane Fan W ar a Saga � 449. 8 Oleo• _ C ncinnaa Fat » wo o oo 3oa.7s75a • Orav+Nthd • Gay. 0010111111 NOW Castle 257.164 Columbus. South Bed. Fl riAt r Dads 781.941 Td.da tole r..da►flapisa G.o�,_1 O.icalls se .sn • Oklahoma ,OktahomhsCity Hard__ tAoehoiltt 668,171 • Tuba. Des Skims Iaarygnd ,, Are Modal_ 271.e5e . Ord,_ _ Por0a d. Kansas-- _ Kansas Ott. c ors_1 601.308 Prmylvan* Philadelphia. Topeka. 447.993 P � •Or dway Fay Prince G.orgrs_ 45o.les • Tennessee Montph& t.8IJslane Baton Rouge Teas_-. Hans 409.601 NaslrvOs/Davhdsor. Shreveport Utah Ss1Talrs 734.632 Tsoa__:_ Austin. Wsaadv,sens Springfield. Vaginia_=�FaiAat._ 527.173 DeSas. W0r0sslaa Washington- - --• 3 .600 a Paso. a_dhipan Ann Arbor. -• • For Word. Fist . Manton Grad flip Cis Appendix 1 to Part In-Counties With g. wcanio� Nartoa.Beach. Livonia Unincorporated Urbanized Areas . Staring Washington S. 0 Greater Than 100A0Q But Less Than WisconsinarArea WORM290.100 According to the latest _ d ' Decennial Census by the Bureau of r °is`a01tindependence. Census Appendix G to Part In-Incorporated • "'balk. Lincoln. • - - Places With PopedatioaaGreater Than Nevada Las� ,Vegas. state Cow* ad urbanzed - •100.000 and Lass Than 250.000 According Neu Jeri" Eirabel% roors.son to Latest Decennial Census by Bureau of Jersey cry. - Census . Patraor. Alabama Jeaerscm • t02.9:7 New Yawl . Atom. *bona And • t 11•a79 Aodrsl r. Caftomia Alameda 167.474 • State trcorporatd plans Syraawa Conn Costa 158.452 Ventura Kern • 117.231 Alabama__ • Hrrtsuia' North Carob*-_ Darlene.•• Orange 210.593 Mobi.. Grersboro. Riverside 1,S•719 Ratsg1. Sat B.marQno 1a6.s44 . Alaska- Mtilora9a Wins$on Saiem. -. . award 159.370 Arizona .Area Ohio- Akron. . 147.C92 Tampa Darby. ti.sboro.* 238.212 Arkansas Lite Roll. • Youngstown 245.325 Gitomia Anaheim Orel .-J Eugrla Palm Saari 167.069 Baksrslfsl0. -a *kntows Pinellas 194.319 Setts.y. We. Polk 104.150 Concert Rhode Ward Peovidsnoa. Sarasota 110.009 Faurwrt South Canofna - Cokardia Georgia• Clayton 100.742 Frans Tee/mesas Chattanooga Cobb 204.12t Fultrtot. Knoan7a R+ehmon0- 116.529 Garden Grove. Texas---.-__ Amarilo. Konacty- Jefferson I 224.958 Gle da& Airington. Laasane Jefferson 140.838 Huntington Bed% tl.sumont. Nadi Caroine Cumberland- 142.727 • Modesto. C,opira Cantos Nevada CPaAe 201.775 Ou1ad Grryd. M.41otneh 111.103 Pasadena Washington 109.344 Riverside to g. rt rma South Caren Gne alle 135.293 San 8dn0. Richland 124.684 dena Santa Ana. Waco. Nagiwis Arington 152 599 Stockton. Utahea s take c7runnyvale. y Ch err/Hawke KOUd Tonanoa ANanbti Washington Sectioned! 103.493 Colorado.. Aurora. CrnCr s Puce 196.113 Lakewood.. Sonya N_.pot Nana Puebla Pxlsnhour. Cones snout BCridggs Richmond. PART 123-STATE PROGRAM dmil. Roanoke. trarHaer. Washington Spokr,a REQUIREMENTS Sanibel. Tacoma watarbay. Wisconsin_ I Nabors S.The authority citation for part 123 Fiehda_... Gen taud.rdda __• continues to read as follows: 40 Federal Register / Vol. 55, No. 222 / Friday, November 18. 1990 / Rules and Regulations 48075 Authority:Clean Water Act.33 US.C.1251 determine,on s case-by-case basis,that (c)Prior to a case-by-case et seq. certain concentrated animal feeding determination that an Individual permit 9.Section 12325 Is amended by operations(f 122.23).concentrated Is required fora storm water discharge revising paragraph(aX9)to read as aquatic animal production facilities under this section(see 40 CFR 122.26 follows: (f 122.24),storm water discharges (a)(1)(v)and(c)(1)(v)),the Regional 12325 Requirements for permitting. (!122.28).and certain other facilities Administrator may require the covered by general permits(; 122.28) discharger to submit a permit - (a) that do not generally require an application or other information (9) ! 122.28—(Storm water individual permit may be required to regarding discharges): obtain an individualpermit because of 8 of the the Ad.In requiring under section • 308 the CWA.In such their contributions to water pollution. Information,the Regional Administrator (b)Whenever the Regional shall notifythe discharger in writingand PART 124—PROCEDURES FOR Administrator decides that an individual shall send n application DECISIONMAKING permit is required under this section. PPlication form with the 10.The authoritycitation forpart 124 except asprovided inparagraph c of notice.The discharger must apply for a P i l permit under f 17228 within 60 days of continues to read as follows: this section.the Regional Administrator notice.unless permission for a later date Authority:Resource Conservation and shall notify the discharger in writing of is granted by the Regional Recovery Act.42 U.S.C.e901 et seq:Safe that decision and the reasons for it.and Administrator.The question whether the Drinking Water Act.42 U.S.0 300(et seq: shall send an application form with the Initial designation was proper will Clean Water Act.33 US.C.1251 et seq:and notice.The discharger must apply for a remain open for consideration during Clean Air Act.42 US.C.1857 et seq. permit under 4 122.21 within 60 days of the public commentperiod under • 11.Section 124.52 is revised to read as notice,unless permission for a later date ;124.11 or 4 124.11&and in any follows: is granted by the Regional subsequent hearing. Administrator.The question whether the 124.52 Permits required on a ease-by designation was proper will remain Note:The following form will not appear in ease basis. open for consideration during the public the Code of Federal Regulations. (a)Various sections of part 122. comment period under 1124.11 or scorer caoe.auas.-+r • subpart B allow the Director to 4 124.118 and in any subsequent hearing. • • • • • 41 ATTACHMENT "B" "ANNUAL MONITORING COSTS FOR DADE COUNTY AND JOINT APPLICANTS" Number Percentage Dollar Contribute Of Total Of for WPDES County Outfalls Outfalls J.A. 1 . Bal Harbour Village 11 0 .3 $ 1, 800 2 . ' Town of Bay Harbor Islands 54 1 . 6 9, 600 3 . City of •Coral Gables 104 3 .0 18, 000 4 . Dade County 1754 50 .6 303, 600 5. Florida Dept . of Transp. (FDOT) 740 21 .3 127, 800 .6 . Town of Golden Beach 39 1 .1 6, 600 7 . City of Hialeah Gardens 4 0 .1 600 8 . City of -Homestead 6 0 .2. 1, 200 9 . Indian Creek Village 13 0.4 2, 400 10 : Town of Medley 1 . 0 .1 600 11 . City of Miami Beach 206 5.9 • 35, 400 12 . Miami Shores Village 36 1 .0 6, 000 13 . City of Miami Springs 2 0 .1 600 14 . City of North Bay Village 52 1 .5 9, 000 15 . City of North Miami 163 4 .7 28, 200 16 . City of North Miami Beach ' 222 6.4 38, 400 17 . City of Opa-Locka 9 0.3 1, 800 18. City of South Miami 12 • 0 .3 1, 800 . 19 . Town of Surfside 12 0 .3 1, 800 20 . City of West Miami 2 0 .1 600 21 . Village of Key Biscayne 23 0.7 4. 200 Totals: 3465 100.0 $600, 0002 1. J.A. is Joint Applicant 2 . Total Annual Cost for County and Joint Applicants' NPDES Requirements -.• 42 • INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) 0-/DS )-9 4 OF PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NPDES OPERATING PERMIT BY THE CITY OF MIAMI BEACH AND DERM This Interlocal Agreement ( greement" ) is made and entered into this 0- day of cJ 11 , 1994, by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as 'the "COUNTY" ] and the City of Miami Beach, [hereinafter sometimes referred to as the "CITY" ] , in order that the City may be included as a co-permittee as provided under the Environmental Protection Agency [hereinafter "EPA" ] National Pollutant Discharge Elimination System [hereinafter "NPDES" ] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter "NPDES Final Rule" ] , and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES Operating Permit may be initiated and performed on behalf of both the CITY and the COUNTY as co-permittees . Section I Definitions For purposes of this Agreement, the following terms shall apply: Acreement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CITY shall mean the City of Miami Beach, by and through its Office of the City Manager . COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ( "DERM" ) . FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement . r � In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122 , 123 and 124 (Attachment "A" ) , incorporated herein by reference. Section II Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 2000 . Section III ' Scope of Work The parties hereto stipulate and agree that the EPA is requiring as part of a five year NPDES Operating Permit the sampling, monitoring, and analyzation (hereinafter "analysis" ) of a variety of storm sewer systems throughout Dade County. The parties hereby agree that the costs attributable to implementation of this operating permit shall be the joint responsibility of all 'participating municipalities, and shall be based on a percentage rate obtained by dividing the number of outfalls that drain to United States bodies of water existing in each participating municipality by the total number of outfalls existing within the geographic boundaries of all co-permittees . Section IV COUNTY's Obligations Compliance with NPDES Operating Permit The COUNTY shall perform all analysis and related activities as required in Dade County's, NPDES Operating Permit ,(hereinafter "NPDES Permit" ) . Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct activities required under the NPDES Permit . Report The COUNTY shall provide the CITY with a report which ' shall set forth the CITY' s obligations under the NPDES Permit and the results of all analysis required under the NPDES Permit . Notice of, DERM Meetino (s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the compliance status with the NPDES Permit . • • Section V CITY' s Obligations Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update information as promptly as any changes in outfalls occur, in order that the data maintained by the COUNTY may be accurate and current . Prevention of Theft of COUNTY Eauipment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY' s jurisdiction. The CITY acknowledges that such equipment may be placed within the CITY' s area of jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES Permit . Compensation Within ten (10) days from the date of execution of this Agreement, the CITY shall make a lump sum payment to the COUNTY of its proportional share of the payment due to the COUNTY for associated analysis which are the CITY' s financial obligation pursuant to this Agreement . The sum due shall be determined by dividing the total cost for analysis by the relative percentages that each participating municipality contributes towards stormwater drainage to United States bodies of water. It is hereby stipulated and agreed that the total cost for analysis is a yearly stipend. The yearly cost as calculated will be subsequently due on the anniversary date of execution of this Agreement in years two (2) , three (3) , four (4) , and five (5) of the five year NPDES Permit . Failure to pay the agreed-upon lump sum payment or subsequent payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the CITY' s NPDES Permit status to Individual Permit Holder. As of June 1, 1993, twenty (20) cities and the Florida Department of Transportation (FDOT) have indicated their participation as co-permittees in the NPDES Final Rule process . Therefore, based on these commitments, the proportional share of each co-permittee has been calculated and is listed on Attachment "B" . Hold Harmless The CITY shall hold harmless the COUNTY from any and all damages or other liability incurred by the CITY by virtue of any action which might be taken by EPA against the CITY based upon the results obtained during the analysis and reporting set forth by the Part 2 EPA NPDES Final Rule process, or by any results obtained during the five year term of the NPDES Permit . • • • Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish the analysis of any storm sewer systems which may be located within the CITY' s jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY to accomplish the above activities that may be located within the CITY's jurisdiction. Section VI County Event of Default Without limitation, ' the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of default" . If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1 . the right to declare that this Agreement together with all rights granted to , COUNTY hereunder are terminated, effective upon such date as is designated by the CITY; 2 . any and all rights provided under federal laws and the laws of the State of Florida. Section VII City Event of Default In addition to the provisions set forth in Section V, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "City Event of Default" . If a City Event of Default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singularly or in combination: 1 . the right to declare that this Agreement together with all rights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; 2 . any and all rights provided under federal laws and the laws of the. State of Florida. c Section VIII General Provisions Authorization to Represent CITY in NPDES Permit The CITY hereby authorizes the COUNTY to act on its behalf with respect to the analysis portions of the NPDES Permit and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES Permit . Attendance at DERM Permit Review Meetings The CITY may, but is not required to, attend any or all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES Permit . Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES Permit have not been rendered by the COUNTY. Upon termination by either party, the NPDES Permit status of the City shall revert to Individual Permit Holder. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations„ agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives . Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. • ' ' • Notices and Approval Notices and approvals required or ' contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows : To County: Dade County Department of Environmental Resources Management 33 S .W. 2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director 305/372-6789 To City: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Domingo Rodriguez Public Wdrks Department 305/673-7620 Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement . Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement . Governina Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement . Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida . • Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving. such right . No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof . Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement . IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of Miami Beach, Florida has caused this Agreement to be executed in its name by the City Mayor or his designee,' attested by the Clerk of the City Commission and has caused the seal of the City Commission to be hereto attached, all on the day and year first written above. Harvey Ruvin,®maeme METROPOLITAN DADE COUNTY, Clerk of thee.BoclQ'14 , FLORIDA, BY ITS BOARD OF D A p cS' e, COUNTY COMMISSIONERS Attest : a r (" / a c�iyry � , : /ea4C%. /49017 By. A , .,ll , B q 0:" County Manager o.saesoee®� City of Miami Beach, Florida Clerk of the City BY ITS yor and City Commis ion Attest : By: City Clerk i Mayo APPROVED AS TO FORM AND ORM APPR UED LEGAL SUFFICIENCY L • : ! : " y � Assistant County Attorney P