Title: Final NPDES General Permits for Storm Water Discharges from Construction Sites; Notice
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Title: Final NPDES General Permits for Storm Water Discharges from Construction Sites; Notice
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - EPA Federal Register - Contaminated Ground /Storm Water, Federal Agency Roles and Responsibilties (JDV Box 95)
General Note: Box 20, Folder 1 ( EPA (Federal Register) ), Item 2
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Bibliographic ID: WL00004323
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Full Text




Friday
September 25, 1992


Part III


Environmental
Protection Agency
Final NPDES General Permits for Storm
Water Discharges from Construction
Sites; Notice


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


ENVIRONMENTAL PROTECTION
AGENCY
L-4511-2]
Final NPDES General Permits for
Storm Water Discharges From
Construction Sites
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of Final NPDES General
Permits.
SUMMARY: The Regional Administrators
of Regions I, II, III, IV, and IX (the
"Regions" or the "Directors") are today
issuing final National Pollutant
Discharge Elimination System (NPDES)
general permits for storm water
discharges associated with industrial
activity from construction sites in
Florida (except from Indian lands),
Massachusetts, the District of Columbia,
Guam and American Samoa; on Indian
lands in New York; and from Federal
facilities in Delaware.
These general permits establish
Notice of Intent (NOI) requirements,
special conditions, requirements to
develop and implement storm water
pollution prevention plans, and
requirements to conduct site inspections
for facilities with discharges authorized
y the permit.
rES: These general permits shall be
..iective on November 25, 1992. This
effective date is necessary to provide
appropriate dischargers with the
opportunity to comply with the October
1, 1992 deadline for submitting an
NPDES application for storm water
discharges associated with industrial by
submitting a Notice of Intent (NOI) to be
covered by the permits.
Deadlines for submittal of Notices of
Intent (NOIs) are provided in Part II.A of
the general permits. Today's general
permits also provide additional dates for
compliance with the terms of the permit.
ADDRESSES: Notices of Intent to be
authorized to discharge under these
permits should be sent to: Storm Water
Notices of Intent, PO Box 1215,
Newington, VA 22122.
Other submittals of information
required under these permits or
individual permit applications should be
sent to the appropriate EPA Regional
Office. The addresses of the Regional
Offices and the name and phone number
of the Storm Water Regional
Coordinator is provided in Section II of
the Fact Sheet.
The index to the administrative
cordsors for these permits is available at
appropriate Regional Office. The
-jmplete administrative record is
located at EPA Headquarters, EPA


Public Information Reference Unit, room
2402, 401 M Street SW., Washington, DC
20460. A reasonable fee may be charged
for copying. Specific record information
will be made available at the
appropriate Regional Office as
requested.
FOR FURTHER INFORMATION CONTACT:
For further information on the final
NPDES general permits and for copies of
the Notice of Intent form (the Notice of
Intent form in appendix C of this notice
can be copied and submitted) contact
the NPDES Storm Water Hotline at (703)
821-4823, or the appropriate EPA
Regional Office. The name, address and
phone number of the Regional Storm
Water Coordinators are provided in
Section II of the Fact Sheet.
SUPPLEMENTARY INFORMATtON:
1. Introduction
II. Regional Contacts
III. Section 401 Certification
IV. Economic Impact (Executive Order 12291)
V. Paperwork Reduction Act
VI. Regulatory Flexibility Act
Other submittals of information
required under these permits or
individual permit applications should
be sent to the appropriate EPA Regional
Office. The addresses of the Regional
Offices and the name and phone number
of the Storm Water Regional
Coordinator is provided in Section II of
the Fact Sheet.
The index to the administrative
records for these permits is available at
the appropriate Regional Office. The
complete administrative record is
located at EPA Headquarters, EPA
Public Information Reference Unit, room
2402, 401 M Street SW, Washington DC
20460. A reasonable fee may be charged
for copying. Specific record information
will be made available at the
appropriate Regional Office as
requested.
I. Introduction
The Regional Administrators of the
United States Environmental Protection
Agency (EPA) are issuing final general
permits for the majority of storm water
discharges associated with industrial
activity from construction activities as
follows:
Region I-for the State of
Massachusetts.
Region II-for Indian lands located in
New York.
Region III-for the District of
Columbia and for Federal facilities in
Delaware.
Region IV-for the State of Florida.
Region IX-for Guam and American
Samoa.
On August 16, 1991 (56 FR 40948), EPA
requested public comment on draft


National Pollutant Discharge
Elimination System (NPDES) general
permits that were the basis for today's
final general permits. In addition to
addressing storm water discharges from
construction activities, the August 16,
1991, draft general permits addressed
storm water discharges from other
industrial activities. The permits in this
notice only address storm water
associated with construction activity.
EPA received over 125 comments on
construction issues associated with the
draft general permits. In addition, public
hearings to discuss the draft general
permits were held in Dallas, TX;
Oklahoma City, OK; Baton Rouge, LA;
Albuquerque, NM; Seattle, WA; Boise,
ID; Juneau, AK; Pierre, SD; Phoenix, AZ;
Orlando, FL: Tallahassee, FL; Augusta,
ME; Boston, MA; and Manchester, NH.
On September 9, 1992 (57 FR 41176),
EPA published final National Pollutant
Discharge Elimination System (NPDES)
general permits for storm water
discharges associated with industrial
activity from construction sites in 10
States (Alaska, Arizona, Idaho,
Louisiana, Maine, New Hampshire, New
Mexico, Oklahoma, South Dakota, and
Texas); the Territories of Puerto Rico,
Johnston Atoll, and Midway and Wake
Islands; on Indian lands in Alaska,
Arizona, California, Colorado, Florida,
Idaho, Maine, Massachusetts,
Mississippi, Montana, New Hampshire,
Nevada, North Carolina, North Dakota,
Nevada, Utah, Washington, and
Wyoming; from Federal facilities in
Colorado, and Washington; and from
Federal facilities and Indian lands in
Louisiana, New Mexico, Oklahoma, and
Texas.
EPA is incorporating portions of the
detailed fact sheet for the general permit
for storm water discharges from
construction activity published on
September 9,1992, as part of the final fact
sheet and statement of basis for today's
final permit. The sections of the fact
sheet published on September 9, 1992'
being incorporated are Section I,
Introduction; Section II, Coverage of
General Permits; Section III, Summary of
Options for Controlling Pollutants;
Section IV, Summary of Permit
Conditions; and Section V, Cost
Estimates; and Appendix A-Summary

The September 9,1992, fact sheets incorporate
portions of the draft general permits published on
August 16, 1991 (5 FR 40948). These portions of the
August 16, 1991, fact sheets are also incorporated
into today's permits. Sections of the August 16. 1991.
fact sheet being incorporated are section 1.
Background; section 4, Summary of Options for
Controlling Pollutants; and section 5. The Federal/
Municipal Partnership: The Role of Municipal
Operators of Large and Medium Municipal Separate
Storm Sewers.


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


of Responses to Public Comments on the
August 16, 1991, Draft General Permits.
Today's notice addresses final NPDES
general permits for storm water
discharges associated with industrial
activity from construction sites in
Florida (except from Indian lands),
Massachusetts. District of Columbia,
Guam and American Samoa; on Indian
lands in New York; and from Federal
facilities in Delaware. Today's notice
contains four sets of appendices.
Appendix A incorporates Appendix A-
Summary of Responses to Public
Comments on the August 16, 1991, Draft
General Permits, of the September 9,
1992 permits. Appendix B provides the
language of the final general permits.
The permits in Appendix B are similar,
and are similar to the final permits
published on September 9, 1992. Except
as provided in Part X of the permits.
Parts I through IX apply to all permits..
Part X of the permit contains conditions
which only apply to dischargers in the
State indicated. Appendix C is a copy of
the Notice of Intent (NOI) form (and
associated instructions) to be used by
dischargers wanting to obtain coverage
under the general permits. Appendix D
is a copy of the Notice of Termination
(NOT) form (and associated
r instructions) that can be used by
dischargers wanting to notify EPA that
their storm water dischargers have been
terminated or that the permitted has
transferred operation of the facility.
II. Regional Contacts
Notices of Intent to be authorized to
discharge under these permits must be
sent to: Storm Water Notices of Intent.
PO Box 1215, Newington, VA 22122.
Other submittal of information
required under these permits or
individual permit applications or other
written correspondence concerning
discharges in any State, Indian land, or
from any Federal Facility covered,
should be sent to the appropriate EPA
Regional Office listed below:
Massachusetts
United States EPA, Region I, Water
Management Division (WCP-2109),
Storm Water Staff, John F. Kennedy
Federal Building. Room 2209.
Boston, MA 02203, Contact:
Veronica Harrington. (617) 565-3525
New York (Indian Lands)
United States EPA, Region II, Water
Management Division (2WML-WPC),
Storm Water Staff, 26 Federal Plaza,
New York, NY 10278, Contact: Jose
Rivera, (212) 264-2911


District of Columbia. Delaware (Federal
Facilities)
United States EPA, Region III, Water
Management Division (3WM55). 841
Chestnut Building, Philadelphia. PA
19107, Contact: Kevin Magerr, (215)
597-1651
Florida
United States EPA, Region IV, Water
Management Division (FPB-3),
Storm Water Staff, 345 Courtland
Street, NE Atlanta, GA 30365,
Contact: Chris Thomas, (404) 347-
3012
Guam and American Samoa
United States EPA, Region IX, Water
Management Division (W-5-1),
Storm Water Staff, 75 Hawthorne
Street. San Francisco, CA 94105,
Contact: Eugene Bromley, (415) 744-
1906
III. Section 401-Certification
Section 401 of the CWA provides that
no Federal license or permit, including
NPDES permits, to conduct any activity
that may result in any discharge into
navigable waters shall be granted until
the State in which the discharge
originates certifies that the discharge
will comply with the applicable
provisions of Sections 301, 302, 303, 306,
and 307 of the CWA. The Section 401
certification process has been completed
for all States, Indian lands and Federal
facilities covered by today's general
permits. The following summary
indicates where additional permit
requirements have been added as a
result of the certification process.
Massachusetts
See the following and Part X.A of the
general permit for 401 conditions. As a
condition for certification under section
401 of the CWA. the Commonwealth of
Massachusetts required inclusion of the
following conditions necessary to ensure
compliance with State water quality
concerns.
Storm water discharges not eligible
for coverage under this permit include
new or increased storm water
discharges to coastal water segments
within Massachusetts designated as
"Areas of Critical Environmental
Concern (ACEC)" (for information on
ACEC, please contact the Executive
Office of Environmental Affairs, Coastal
Zone Management at (617) 727-9530). In
addition, new or increased discharges,
as defined at 314 CMR 4.02(19), which
meet the definition of "storm water
discharge." as defined at 314 CMR
3.04(2)(a)(1) or (2)(b), to Outstanding
Resource Waters which have not met
the provisions of 314 CMR 4.04(3) and


Part III C.1 of this permit (as amended
by the special requirements for
discharges in Massachusetts), are not
eligible for coverage under this permit.
Permittees in Massachusetts are to
submit NOIs to the following address:
Storm Water Staff, Storm Water Notice
of Intent, US EPA Region 1, MA, PO Box
1215, Newington, VA 22122. A copy of
the NOI for all discharges to
Outstanding Resource Waters shall be
submitted to the Commonwealth of
Massachusetts at the following address:
Massachusetts Department of
Environmental Protection, Storm Water
Notice of Intent, BRP-WP 43, PO Box
4062, Boston, Massachusetts, 02211.
For details on filing for permits with
MA DEP see 310 CMR 4.00, Timely
Action Schedule and Fee Provisions. For
other information call the MA DEP
Information Services at (617) 338-2255 or
the Technical Services Section of the
DEP Division of Water Pollution Control
at (508) 792-7470.
Massachusetts 401 certification
requires the following best management
practices. Storm water discharge outfall
pipes to Outstanding Resource Waters
shall be removed and the discharge set
back from the receiving water when
dischargers are seeking to increase the
discharge or change the site drainage
system; all new discharge outfalls must
be set back from the receiving water.
Receiving swales for outfall pipes shall
be prepared to minimize erosion and
maximize infiltration prior to discharge.
The goal is to infiltrate as much as
feasible; infiltration trenches and
basins, filter media dikes and/or other
BMPs shall be used to meet the goal.
Protecting Water Quality in Urban
Areas by the Minnesota Pollution
Control Agency, Division of Water
Quality is a reference for BMPs.
Storm water discharges to waters that
are not classified as Outstanding
Resource Waters shall be subject to the
requirements of this permit. New
discharge outfall pipes shall be designed
to be set back from the receiving water
when site conditions allow. For existing
discharge outfall pipes, when the storm
water drainage system is undergoing
changes, outfall pipes shall be set back
from the receiving water. A receiving
swale, infiltration trench or basin, filter
media dike or other BMP should be
prepared with the goal to minimize
erosion yet maximize infiltration or
otherwise improve water quality prior to
discharge.
All discharges to Outstanding
Resource Waters authorized under this
permit must be provided the best
practical method of treatment to protect


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992' / Notices


and maintain, the designated use of the
outstanding resource.
SDelaware
See the following discussion and Part
X.C of the general permit for additional
401 conditions. As a condition for
certification under section 401 of the
CWA, the State of Delaware required
inclusion of the following conditions
necessary to insure compliance with
State water quality concerns.
in addition to submitting,all NOIs to
the central NOI receiving office in.
Newington, VA, permittees in Delaware
also must submit a copy of all NOIs to
the State of Delaware at the following
address: Water Pollution Control
Branch, NPDES Storm Water Program,
Delaware-Department of Natural
Resources and Environmental' Control,
89 Kings Highway, P.O. Box 140; Dover,
DE 19903. All Discharge Monitoring
Reports (DMRs), pollution prevention
plans, as well' as subsequent revisions,
must be submitted to the State of
Delaware at this same address. DMRs
also. must be submitted to)the NPDES
Programs Director; U.S. EPA Region, III,
Water Management Division (3WM55);.
Storm Water Staff, 841 Chestnut
Building. Philadelphia, PA 19107..
Delaware's general permit stipulates
that all permittees comply with, the
requirements of 7 Delaware Code
Chapter 4&;and the Delaware Sediment
and Storm Water Regulations: (January,
1991;).
Applicants are required to obtain, a
certification of consistency with the
Delaware Coastal Management. Program.
(CZMA 1972, 16U.S.C. 1451),
District of Columbia
See the following discussion and.Part
X.D of the general permit for additional
401 conditions..As a condition for
certification under section 401 of the
CWA, the District of Columbia required
inclusion of the following special'
conditions.
Any unpermitted discharges that are
subject to the NPDES program,
excluding discharges associated with
construction activity, are not authorized
by this permit.
Florida
See the following discussion and Part
X.E of the general permit for additional
401 conditions.
As a condition for certification under
section 401 of the CWA, the State of
Florida. required inclusion of the
following conditions necessary to insure-
compliance with State water quality
concerns..
In addition. to the NOI requirements
set forth in Part II of this permit, the


State of Florida requires that prior to
submitting an NOI, the owner of a storm'
water management system must receive
a Stale of Florida storm water permit
from either the Florida Department of
Environmental Regulation (FDER) or a
Florida Water Management District
(FWMD).
The permitted shall submit a narrative
statement certifying that the storm
water pollution prevention plan for the
facility provides compliance with
approved' State of Florida issued
permits, erosion and sediment control
plans and storm water management
plans. In addition, the permitted also
shall submit a copy of the cover page of
the State permit issued by FDER or a
FWMD to the facility for the storm:
water associated with construction
activities.
Please note that facilities that
discharge storm water.associated with
construction activities to a municipal
separate storm sewer system within
Broward,.Dade, Duval, Escambia,
Hillsborough, Orange, Palm Beach,
Pineallas, Polk or Sarosota Counties
shall submit a copy of the NOI to the
operator of the municipal separate storm.
sewer system. Included within these
counties; the Florida Department of
Transportation: (FDOT), incorporated!
municipalities and Chapter 298 Special
Districts shall: also be notified where
they own or operate a municipal
separate storm sewer system receiving
storm water discharges associated with
construction activity covered by this
permit.
I Florida's general permit stipulates that
any non-storm water component (as
defined at Part III (A)(2)(b)). of a
facility's discharge must be in
compliance with paragraph IV.D.5 and
the storm water management system
must be designed to accept these
discharges and provide treatment of the
non-storm water component sufficient to
meet Florida water quality standards.
Discharges resulting from ground water
dewatering activities at construction
sites are not covered by this permit. The
applicant may seek coverage for these
discharges under NPDES General Permit
No. FLG830000, published on July 17,
1989 (54 FR 29986)' and modified on
August 29, 1991:(56 FR 42736).
Permittees must submit a copy of all
pollution prevention plans to the State
agency which issued the storm water
permit, and shall make plans.available
upon request' to the Director.
The permitted must amend the plan
whenever there is a change-in design,
construction, operation, or maintenance,
which has.a significant effect on the
potential for the discharge of pollutants
to the waters of the United States,


including, the addition of or change in'
location of storm water discharge
points. Amendments to the plan must be
submitted to the State. agency which
issued the State storm water permit.
In providing an estimate of the runoff
coefficient of the site before, during and
after construction, permittees must
utilize the "C" from the Rational
Method: also, permittees must provide
an estimate of the size of the drainage
area for each outfall.
All storm.water management controls,
required pursuant to Part.IV of this
permit, shall be consistent with the
requirements set forth in State Water
Policy of Florida (Chapter 17-40, Florida
Administrative Code), the applicable
storm water permitting requirements of
the FDER or appropriate FWMD, and
the guidelines contained in, the Florida
Development Manual: A Guide to Sound
Land.and Water Management (FDER,
1988) and any subsequent amendments.
Florida's general permit requires that
site stabilization measures be initiated
as soon as practicable-in portions of the
site where construction activities have
temporarily or permanently ceased.
Please note that paragraphs (a), (b) and
(cy; which provide exceptions to these
required! stabilization practices, have
been deleted to meet Florida water
quality concerns.
As part of the pollution prevention
plant permittees must provide a
description of structural' practices to
divert: flows from exposed soils, store
flows or otherwise limit runoff and the
discharge or pollutants from exposed
areas: of the site in accordance with the
requirements set forth in Section 17-40;
420; F.A.C.,.and the applicable storm
water regulations of the FDER or
appropriate FWMD; Structural, practices
shall be placed on upland soils unless a
State of Florida: wetland resource
management permit issued pursuant to
Chapters 373 or 403,.F.S., and the
applicable regulations of the FDER or
FWMD authorize otherwise.
The description of controls in Part IV
of the permit shall be consistent with the
requirements set forth in the State
Water Policy of Florida (Chapter 17-40,
F.A.C.), the applicable storm water
permitting regulations of the FDER or
appropriate FWMD, and'the guidelines
contained in the Florida Development
Manual: A Guide to Sound Land and.
Water Management (FDER, 1988), and
any subsequenttamendments. Structural
measures shall be placed on upland
soils unless a State of Florida wetland
resource-management permit issued
pursuant to Chapters 373 or 403, F.S.,
and the applicable regulations of the
FDER or FWMD authorize otherwise.


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Federal Register / Vol. 57. No. 187 / Friday, September 25, 1992 / Notices


The installation of these devices may be
subject to section 404 of the CWA. This
NPDES permit only addresses the
installation of storm water management
measures, and not the ultimate
operation and maintenance of such
structures after the construction
activities have been completed and the
site has undergone final stabilization.
Permittees are only responsible for the
installation and maintenance of storm
water management measures prior to
final stabilization of the site, and are not
responsible for maintenance after storm
water discharges associated with
industrial activity have been eliminated
from the site. However, all storm water
management systems shall be operated
and maintained in perpetuity after final
site stabilization in accordance with the
requirements set forth in the State of
Florida storm water permit issued for
the site.
Pursuant to the requirements of
Section 17-40, 420, F.A.C., the storm
water management system shall be
designed to remove at least 80 percent
of the average annual load of pollutants
which cause or contribute to violations
of water quality standards (95 percent if
the system discharges to an Outstanding
Florida Water).
Regarding velocity dissipation
devices, equalization of the pre-
/" development and post-development
storm water peak discharge rate and
volume shall be a goal in the design of
the post-development storm water
management system.
No solid materials, including building
materials, shall be discharged to waters
of the United States, except as
authorized by a Section 404 permit and
by a State of Florida wetland resource
management permit issued pursuant to
Chapters 373 or 403, F.S., and the
applicable regulations of the FDFR or
FWMD.
The plan shall address the proper
application rates and methods for the
use of fertilizers and pesticides at the
construction site and set forth how these
procedures will bIe. imnpleerlnted and
enforced.
Florida's general permit requires that
qualified personnel (provided by the
discharger) inspect all points of
discharge into waters of the United
States or to a municipal separate storm
sewer system. In addition to those items
required to be inspected under Part IV of
this permit, designated personnel must
also inspect storm water management
systems.
Permittees must inspect disturbed
areas and areas used for storage of
materials that are exposed to


precipitation for evidence of, or the
potential for. pollutants entering the
storm water management system. In
addition, the storm water management
system and erosion and sediment
control measures identified in the plan
must be observed to ensure that they are
operating correctly. Where discharge
locations or points are accessible, they
must be inspected to ascertain whether
erosion control and storm water
management measures are effective in
meeting the performance standards set
forth in State Water Policy (Chapter 17-
40, F.A.C.) and the applicable storm
water permitting regulations of the
FDER or appropriate FWMD.
Permittees must allow the Director or
an authorized representative of EPA. the
State, or a municipal separate storm
sewer system, to sample or monitor at
reasonable times, for the purposes of
assuring permit compliance or as
otherwise authorized by the CWA, any
substances or parameter at any location
on the site.
A copy of the Notice of Termination
shall be sent to the State agency which
issued the State storm water permit for
the site and. if the storm water
management system discharges to a
municipal separate storm sewer system
within Broward, Dade, Duval, Escambia.
Hillsborough. Orange, Palm Beach,
Pinellas, Polk or Sarasota Counties, to
the owner of that system. Included
within these counties, the Florida
Department of Transportation (FDOT),
incorporated municipalities, and
Chapter 298 Special Districts also shall
be notified where they own or operate a
municipal separate storm sewer system
receiving storm water discharges
associated with construction activity
covered by this permit.
American Samoa
See the following discussion and Part
XF of the general permit for additional
401 conditions. A% a condition for
certification under section 401 of the
CWA, the territory of American Sa-ioa
requirc"d im insion of the follo",inr
spe~ iil con .jtions.
Permittees must submit a copy of all
NOls and pollution prevention plans to
the American Samoa Environmental
Protection Agency.
Guam:n
See the following and Part X.G for 401
conditions. As a condition for
certification under section 401 of the
CWA, the territory of Guam required
inclusion of the following special
conditions.
Permittees must submit a copy of all
NOls to the Guam Environmental


Protection Agency at the following
address: D-107 Harmon Plaza, 130 Rojas
St., Harmon. Guam 95911, and to other
appropriate Government of Guam
agencies. All pollution prevention plans
and discharge monitoring reports
(DMRs) also must be submitted to Guam
EPA.

IV. Economic Impact (Executive Order
12291)
EPA has submitted this notice to the
Office of Management and Budget for
review under Executive Order 12291.

V. Paperwork Reduction Act
EPA has reviewed the requirements
imposed on regulated facilities in these
final general permits under the
Paperwork Reduction Act of 1980. 44
U.S.C. 3501 et seq. EPA did hot prepare
an Information Collection Request (ICR)
document for today's permits because
the information collection requirements
in these permits have already been
approved by the Office of Management
and Budget (OMB) in submissions made
for the NPDES permit program under the
provisions of the Clean Water Act.

VI. Regulatory Flexibility Act
Under the Regulatory Flexibility Act,
U.S.C. 601 et seq.. EPA is required to
prepare a Regulatory Flexibility
Analysis to assess the impact of rules on
small entities. No Regulatory Flexibility
Analysis is required, however, where
the head of the agency certifies that the
rule will not have a significant economic
impact on a substantial number of small
entities.
Today's permits provide small entities
with an application option that is less
burdensome than individual
applications or participating in a group
application. The other requirements
have been dcsigied to rmi:imn;ze
significant economic impacis of the rule
on smail entities and does not have a
significant impact on industry. In
addition, the permits reduce significant
administrative burdens on regulated
sources. Accordingly, I hereby certify
pursuant to the provisions of the
RaFulatory Flexibiiity Act, that these
permits will not have a significant
impact on a substantial number of small
entities.
Authority: Clean Water Act. 33 U.S.C. 1251
et seq.
Dated: September 17. 1992.


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Federal Register / Vol. 57,, No. 187 / Friday, September 25, 1992 / Notices


Paul Keough,
Acting Regional Administrator, Region I.
Dated: September 3, 1992.
.onstantine Sidamon-Eristoff,
Regional Administrator, Region II.
Dated: September 11, 1992;
A.R. Morris,
Acting Regional Administrator, Region Ill.
Dated: September 17, 1992.
Donald I. Guinyard,
Acting Regional Administrator, Region IV.
Dated: September 16, 1992.
John Wise,
Regional Administrator,,Region IX.
Appendix A-Summary of Response. to
Public Comments on the August 16,.
1991, Draft General Permits
The Summary of responses to Public
Comment on the August 16, 1991, draft
general: permits presented in Appendix
A of the September 9,1992; final general
permits at 57 FR 41189, is hereby
incorporated in Appendix A of today's
notice.
Appendix B-NPDES General Permits
for Storm Water Discharges From
Construction Activities That are
Classified as "Associated With
Industrial Activity"
-"authorization toa Discharge Under the
national Pollutant Discharge Elimination
System
[Permit No. MAR100000j
In.compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. .. 1251 et. seq; the Act), except
as provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located in the State of
Massachusetts, are authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit.
a Notice of Intent in accordance with:
Part II of this permit, Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
;charge shall expire at midnight,
-eptember 25, 1997.


Signed and issued this 17th day of
September 1992.
Larry Brill,.
Acting Director, WaterManagement Division.
This signature is for the permit
conditions in Parts I through IX and for
any additional conditions in part X
which apply to facilities located in the
State of Massachusetts.
[NPDES Permit Number NYR10000F]
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251. et. seq; the Act), except
as, provided in Part LB.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located on: Indian Lands in
New York State, are authorized to
discharge in accordance with. the
conditions and requirements set forth,
herein.
Operators of storm water discharges
from construction: activities within the
general permit area who intend to be
authorized, by these permits must submit,
a Notice of Intent in' accordance with.
Part: II of this permit. Operators of storm.
water discharges associated with
industrial: activity who fail to submit, a,
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
This permit shall become effective on.
September 25,.1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and'Issued this 3rd day of
September 1992.
Richard L. Caspe, P.E.,
Director, Water Management Division, U.S.
Environmental Protection Agency, Region II.
[Permit No. R100000 or DE R100000P
(for only Indian lands and/or Fed. fac)]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except
as provided, in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located in Federal Facilities in
the state of Delaware, are authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit


a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25,1997.
Signed and issued this 16th day of
September 1992
A.R. Morris,
(signature of Water Management Directoror
RegionalAdministrator..
[Permit No. D/C Ri0000 or R100000F
(for only Indian lands and/or Fed. fac)]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System.
In compliance with the provisions of
the Clean Water Act. as amended,.(33
U.S.C. 1251 et seq; the Act), except
as provided' in Part IB.3 of this permit,
operators of storm water discharges
from construction activities that are,
classified as "associated with industrial!
activity", located in the District of.
Columbia, are-authorized to discharge, in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
from; construction activities: within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent; in. accordance. with Part
II of! this permit, are not authorized under
this general permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and issued this o1th day of
September 19902
A.R. Morris,
(signature of WaterManagement Director or
Regional Administrotor).
[General Permit Number FLR10C00O]
Region IV: Authorization To Discharge
Under the National Pollutant Discharge
Elimination System
In compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et seq., the "Act"), except as
provided in Part IB.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial


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Federal Register / Vol. 57, No. 187 / Friday. September 25, 1992 / Notices


activity", located in the State of Florida
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and Issued: September 17, 1992.
Allan E. Antley,
Acting Director, Water Management Division.
This signature is for the permit
conditions in Parts I through IX and for
any additional conditions in Part X
which apply to facilities located in the
State of Florida.
[Storm Water General Permit for
Construction Activities]
[Permit No. GUR100000]
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended
(U.S.C. .. 1251 et. seq.; the Act), except
as provided in Part I.B.3 of this permit.
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located on the Island of Guam
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
I of this permit are not authorized tnder
this general permit.
This permit shall become effective on
September 25,1992.
This permit and the authorization to
discharge shall expire at midnight.
September 25.1997.


Signed and issued this 16th day of
September. 1992.
Catherine Kuhlman.
Acting Director, Water Management Division.
This signature is for the permit
conditions in Parts I through IX and for
any additional conditions in Part X
which apply to facilities located onthe
Island of Guam.
[Storm Water General Permit for
Construction Activities]
[Permit No. ASR100000]
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
In compliance with the provisions of
the Clean Water Act, as amended
(U.S.C. .. 1251 et. seq.; the Act), except
as provided in Part I.B.3 of this permit.
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located on America Samoa are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
This permit shall become effective on
September 25, 1992.
This permit and the authorization to
discharge shall expire at midnight,
September 25, 1997.
Signed and issued this 16th day of
September. 1992.
Catherine Kuhlman,
Acting Director, Water Management Division.
This signature is for the permit
conditions in Parts I through IX and for
any additional conditions in Part X
which apply to facilities located on
American Samoa.
NPDES General Permits for Storm
Water Discharges From Construction
Activities That Are Classified as
"Associated With Industrial Activity"
Table of Contents
Part I. Coverage Under this Permit
A. Permit Area.
B. Eligibility.
C. Authorization.
Part II. Notice of Intent Requirements
A. Deadlines for Notification.
B. Contents of Notice of Intent.
C. Where to Submit.
D. Additional Notification.


E. Renotification.
Part UI. Special Conditions
A. Prohibition on non-storm water
discharges.
B. Releases in excess of Reportable
Quantities.
Part IV. Storm Water Pollution Prevention
Plans
A. Deadlines for Plan Preparation and
Compliance
B. Signature and Plan Review
C. Keeping Plans Current
D. Contents of Plan
E. Contractors
Part V. Retention of Records
Part VI. Standard Permit Conditions
A. Duty to Comply.
B. Continuation of the Expired General
Permit.
C. Need to halt or reduce activity not a
defense.
D. Duty to Mitigate.
E. Duty to Provide Information.
F. Other Information.
G. Signatory Requirements.
H. Penalties for Falsification of Reports.
1. Oil and Hazardous Substance Liability.
J. Property Rights.
K. Severability.
L. Requiring an individual permit or an-
alternative general permit
M. State Laws.
N. Proper Operation and Maintenance.
0. Inspection and Entry.
P. Permit Actions.
Part VII. Reopener Clause
Part VIII. Notice of Termination
A. Notice of Termination
B. Addresses
Part IX. Definitions
Part X. State Specific Conditions
A. Massachusetts
B. Delaware (Federal facilities
C. District of Columbia
D. Florida
E. American Samoa
F. Guam
Preface
The Clean Water Act (CWA) provides
that storm water discharges associated
with industrial activity from a point
source (including discharges through a
municipal separate storm sewer system)
to waters of the United States are
unlawful, unless authorized by a
National Pollutant Discharge
Elimination System (NPDES) permit. The
terms "storm water discharge
associated with industrial activity".
"point source" and "waters of the
United States" are critical to
determining whether a facility is subject
to this requirement. Complete
definitions of these terms are found in
the definition section (Part IX) of this
permit.


_ _
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44.117






Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


The United States Environmental
Protection Agency (EPA) has
established the Storm Water Hotline at
,'- (703) 821-4823 to assist the Regional
Offices in distributing notice of intent
forms and storm water pollution
prevention plan guidance, and to
provide information pertaining to the
storm water regulations.
Part I. Coverage Under this Permit
A. Permit Area. The permit covers all
areas of:
Region I-the State of Massachusetts.
Region II-Indian lands in New York.
Region III-the District of Columbia and
Federal facilities in the State of
Delaware.
Region IV-the State of Florida.
Region IX-American Samoa and Guam.
B. Eligibility
1. This permit may authorize all
discharges of storm water associated
with industrial activity from
construction sites, (those sites or
common plans of development or sale
that will result in the disturbance of five
or more acres total land areas),2
(henceforth referred to as storm water
discharges from construction activities)
occurring after the effective date of this
permit (including discharges occurring
after the effective date of this permit
where the construction activity was
initiated before the effective date of this
permit), except for discharges identified
under paragraph I.B.3.
2. This permit may only authorize a
storm water discharge associated with
industrial activity from a construction
site that is mixed with a storm water
discharge from an industrial source
other than construction, where:
a. the industrial source other than
construction is located on the same site
as the construction activity;
b. storm water discharges associated
with industrial activity from the areas of
the site where construction activities are
occurring are in compliance with the
terms of this permit: and
c. storm water discharges associated
with industrial activity from the areas of
the site where industrial activity other
than construction are occurring
(including storm water discharges from
dedicated asphalt plants and dedicated
concrete plants) are covered by a
different NPDES general permit or
individual permit authorizing such
discharges.

SOn June 4, 1942, the United State Court of
Appeals for the Ninth Circuit remanded the
exemption for construction sites of less than five
acres to the EPA for further rulemaking. (Nos. 90-
70671) and 91-70200).


3. Limitations on Coverage. The
following storm water discharges from
construction sites are not authorized by
this permit:
a. storm water discharges associated
with industrial activity ihat originate
from the site after construction activities
have been completed and the site has
undergone final stabilization.
b. discharges that are mixed with
sources of non-storm water other than
discharges which are identified in Part
III.A of this permit and which are in
compliance with Part IV.D.5 (non-storm
water discharges) of this permit.
c. storm water discharges associated
with industrial activity that are subject
to an existing NPDES individual or
general permit or which are issued a
permit in accordance with paragraph
VI.L (requiring an individual permit or
an alternative general permit) of this
permit. Such discharges may be
authorized under this permit after an
existing permit expires provided the
existing permit did not establish
numeric limitations for such discharges;
d. storm water discharges from
construction sites that the Director
(EPA) has determined to be or may
reasonable be expected to be
contributing to a violation of a water
quality standard; and
e. storm water discharges from
construction sites if the discharges may
adversely affect a listed or proposed to
be listed endangered or threatened
species or its critical habitat.
C. Authorization
1. A discharger must submit a Notice
of Intent (NOI) in accordance with the
requirements of Part 11 of this permit,
using a NOI form provided by the
Director (or a photocopy thereof), in
order for storm water discharges from
construction sites to be authorized to
discharge under this general permit.3
2. Where a new operator is selected
after the submittal of an NOI under Part
II, a new Notice of Intent (NOI) must be
submitted by the operator in accordance
with Part II, using a NOI form provided
by the Director (or a photocopy thereof).
3. Unless notified by the Director to
the contrary, dischargers who submit an
NO1 in accordance with the
requirements of this permit are
authorized to discharge storm water
from construction sites under the terms
and conditions of this permit 2 days
after the date that the NOI is
postmarked. The Director may deny
coverageunder this permit and require
submittal of an application for an
individual NPDES permit based on a

3 A copy of the approved NOI form is provided in
Appendix C of this notice.


review of the NOI or other information
(see Part VI.L of this permit).
Part II. Notice of Intent Requirements
A. Deadlines for Notification
1. Except as provided in paragraphs
II.A.2, II.A.3, and II.A.4, individuals who
intend to obtain coverage for storm
water discharges from a construction
site (where disturbances associated
with the construction project commence
before October 1, 1992), under this
general permit shall submit a Notice of
Intent (NOI) in accordance with the
requirements of this Part on or before
October 1, 1992;
2. Individuals who intend to obtain
coverage under this general permit for
storm water discharges from a
construction site where disturbances
associated with the construction project
commence after October 1, 1992, shall
submit a Notice of Intent (NOI) in
accordance with the requirements of
this Part at least 2 days prior to the
commencement of construction
activities (e.g. the initial disturbance of
soils associated with clearing, grading,
excavation activities, or other
construction activities);
3. For storm water discharges from
construction sites where the operator
changes (including projects where an
operator is selected after a NOI has
been submitted under Parts II.A.1 or
U.A.2) a NOI in accordance with the
requirements of this Part shall be
submitted at least 2 days prior to when
the operator commences work at the
site; and
4. EPA will accept an NOI in
accordance with the requirements of
this part after the dates provided in
Parts II.A.1, 2 or 3 of this permit. In such
instances, EPA may bring appropriate
enforcement actions.
B. Contents of Notice of Intent. The
Notice(s) of Intent shall be signed in
accordance with Part VI.G of this permit
by all of the entities identified in Part
II.B.2 and shall include the following
information:
1. The mailing address of the
construction site for which the
notification is submitted. Where a
mailing address for the site is not
available, the location of the
approximate center of the site must be
described in terms of the latitude and
longitude to the nearest 15 seconds, or
the section, township and range to the
nearest quarter section:
2. The name, address and telephone
number of the operators) with day to
day operational control that have been
identified at the time of the NOI
submittal, and operator status as a


44418







Federal Register / Vol. 57. No. 187 / Friday. September 25. 1992 / Notices


Federal, State, private, public or other
entity. Where multiple operators have
,r been selected at the time of the initial
NOI submittal, NOIs must be attached
and submitted in the same envelope.
When an additional operator submits an
NOI for a site with a preexisting NPDES
permit, the NOI for the additional
operator must indicate the number for
the preexisting NPDES permit;
3. The name of the receiving waterss,
or if the discharge is through a municipal
separate storm sewer, the name of the
municipal operator of the storm sewer
and the ultimate receiving waterss:
4. The permit number of any NPDES
permits) for any discharge(s) (including
any storm water discharges or any non-
storm water discharges) from the site;
5. An indication of whether the
operator has existing quantitative data
which describes the concentration of
pollutants in storm water discharges
(existing data should not be included as
part of the NOI); and
6. An estimate of project start date
and completion dates, estimates of the
number of acres of the site on which soil
will be disturbed, and a certification
that a storm water pollution prevention
plan has been prepared for the site in
accordance with Part IV of this permit,
and such plan provides compliance with
approved State and/or local sediment
and erosion plans or permits and/or
storm water management plans or
permits in'accordance'with Part IV.D.2.d
of this permit. (A copy of the plans or
permits should not be included with the
NOI submission).
C. Where to Submit
1. Facilities which discharge storm
water associated with industrial activity
must use a NOI'form provided by the
Director (or photocopy thereof). The
form in the Federal Register notice in
which this permit was published may be
photocopied and used. Forms are also
available by calling (703) 821-4823. NOIs
must be signed in accordance with Part
VI.G of this permit. NOIs are to be
submitted to the Director of the NPDES
program in care of the following
address: Storm Water Notice of Intent.
P.O. Box 1215. Newington. VA 22122.
2. A copy of the NOI or other
indication that storm water discharges
from the site are covered under a
NPDES permit, and a brief description of
the project shall be posted at the
construction site in a prominent place
for public viewing (such as alongside a
building permit).
D. Additional Notification. Facilities
which are operating under approved
State or local sediment and erosion
plans, grading plans, or storm water
1 management plans shall submit signed
S copies of the Notice of Intent to the


State or local agency approving such
plans in accordance with the datelines
in Part II.A of this permit (or sooner
where required by State or local rules).
in addition to submitting the Notice of
Intent to EPA in accordance with
paragraph II.C.
E. Renotification. Upon issuance of a
new general permit, the permitted is
required to notify the Director of his
intent to be covered by the new general
permit.
Part III. Special Conditions,
Management Practices, and Other Non-
Numeric Limitations
A. Prohibition on non-storm water
discharges.
1. Except as provided in paragraph
I.B.2 and III.A.2, all discharges covered
by this permit shall be composed
entirely of storm water.
2. a. Except as provided in paragraph
lII.A.2(b). discharges of material other
than storm water must be in compliance
with a NPDES permit (other than this
permit) issued for the'discharge.
b. The following non-storm water
discharges may be authorized by this
permit provided the non-storm water
component of the discharge is in
compliance with paragraph IV.D.5:
discharges from fire fighting activities;
fire hydrant flushings: waters used to
wash vehicles or control dust in
accordance with Part IV.D.2.c.(2);
potable water sources including
waterline flushings; irrigation drainage:
routine external building washdown
which does not use detergents;
pavement washwaters where spills or
leaks of toxic or hazardous materials
have not occurred (unless all spilled
material has been removed) and where
detergents are not used; air conditioning
condensate; springs; uncontaminated
ground water; and foundation or fooling
drains where flows are not
contaminated with process materials
such as solvents.
B. Releases in excess of Reportable
Quantities.
1. The discharge of hazardous
substances or oil in the storm water
discharges) from a facility shall be
prevented or minimized in accordance
with the applicable storm water
pollution prevention plan for the facility.
This permit does not relieve the
permitted of the: reporting requirements
of 40 CFR part 117.and 40 CFR part 302.
Where a release containing a hazardous
substance in. an:amount equal to or in
excess of a reporting quantity
established under either 40 CFR 117 or
40 CFR 302, occurs during a 24 hour
period:
a. The permitted is required to notify
the National Response Center (NRC)


(800-424-8802; in the Washington, DC
metropolitan area 202-426-2675) in
accordance with the requirements of 40
CFR 117 and 40 CFR 302 as soon as he
or she has knowledge of the discharge:
b. The permitted shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type.and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release.
and steps to be taken in accordance
with Part III.B.3 of this permit to the
appropriate EPA Regional Office at the
address provided in Part V.C
(addresses) of this permit; and
c. The storm water pollution
prevention plan required under Part IV
of this permit must be modified within
14 calendar days of knowledge of the
releases to: provide a description of the
release, the circumstances leading to the
release, and the date of the:release. In
addition, the plan must be reviewed to
identify measures to prevent the.
reoccurrence of such releases and to
respond to such releases, and the plan
must be modified where appropriate.
2. Spills. This permit does not
authorize the discharge of hazardous
substances or oil resulting from an on-
site spill.
Part IV. Storm Water Pollution
Prevention Plans
A storm water pollution prevention
plan shall be developed for each
construction site covered by this permit.
Storm water pollution prevention plans
shall be prepared in accordance with
good engineering practices. The plan
shall identify potential sources of
pollution which may reasonably be
expected to affect the quality of storm
water discharges from the construction
site. In addition, the plan shall describe
and ensure the implementation of
practices which will be used to reduce
the pollutants in storm water discharges
associated with industrial activity at the
construction site and to assure
compliance with the terms and
conditions of this permit. Facilities must
implement the provisions of the storm
water pollution prevention plan required
under this part as a condition of this
permit.
A. Deadlines for Plan Preparation and
Compliance
The plan shall:
1. Be completed (including
certifications required under Part IV.E)
prior to the submittal of an NOI to be
covered under this permit and updated
as appropriate;


- -- ~ --- -~~-44419^


444t1






Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


2. For construction activities that have
begun on or before October 1, 1992,
- except for sediment basins required
under Part IV.D.2.a.(2) (structural
practices) of this permit, the plan shall
provide for compliance with the terms
and schedule of the plan beginning on
October 1, 1992. The plan shall provide
for compliance with sediment basins
required under Part IV.D.2.a.(a) of this
permit by no later than December 1,
1992;
3. For construction activities that have
begun after October 1, 1992, the plan
shall provide for compliance with the
terms and schedule of the plan
beginning with the initiation of
construction activities.
B. Signature and Plan Review
1. The plan shall be signed in
accordance with Part VI.G, and be
retained on-site at the facility which
generates the storm water discharge in
accordance with Part V (retention of
records) of this permit.
2. The permitted shall make plans
available upon request to.the Director; a
State or local agency approving
sediment and erosion plans, grading
plans, or storm water management
plans; or in the case of a storm water
discharge associated with industrial
activity which discharges through a
- municipal separate storm sewer system
with an NPDES permit, to the municipal
operator df the system.
3. The Director, or authorized
representative, may notify the permitted
at any time that the plan does not meet
one or more of the minimum
requirements of this Part. Such
notification shall identify those
provisions of the permit which are not
being met by the plan, and identify
which provisions of the plan requires
modifications in order to meet the
minimum requirements of this Part.
Within 7 days of such notification from
the Director, (or as otherwise provided
by the Director), or authorized
representative, the permitted shall make
the required changes to the plan and
shall submit to the Director a written
certification that the requested changes
have been made.
C. Keeping Plans Current. The
permitted shall amend the plan
whenever there is a change in design,
construction, operation, or maintenance,
which has a significant effect on the
potential for the discharge of pollutants
to the waters of the United States and
which has not otherwise been addressed
in the plan or if the storm water
pollution prevention plan proves to be
ineffective in eliminating or significantly
minimizing pollutants from sources
identified under Part IV.D.2 of this


permit, or in otherwise achieving the
general objectives of controlling
pollutants in storm water discharges
associated with industrial activity. In
addition, the plan shall be amended to
identify any new contractor and/or
subcontractor that will implement a
measure of the storm water pollution
prevention plan (see Part IV.E).
Amendments to the plan may be
reviewed by EPA in the same manner as
Part IV.B above.
D. Contents of Plan. The storm water
pollution prevention plan shall include
the following items:
1. Site Description. Each plan shall
provide a description of pollutant
sources and other information as
indicated:
a. A description of the nature of the
construction activity;
b. A description of the intended
sequence of major activities which
disturb soils for major portions of the
site (e.g. grubbing, excavation, grading);
c. Estimates of the total area of the
site and the total area of the site that is
expected to be disturbed by excavation,
grading, or other activities;
d. An estimate of the runoff coefficient
of the site after construction activities
are completed and existing data
describing the soil or the quality of any
discharge from the site;
e. A site map indicating drainage
patterns and approximate slopes
anticipated after major grading
activities, areas of soil disturbance, an
outline of areas which may not be
disturbed, the location of major
structural and nonstructural controls
identified in the plan, the location of
areas where stabilization practices are
expected to occur, surface waters
(including wetlands), and locations
where storm water is discharged to a
surface water; and
f. The name of the receiving waterss,
and areal extent of wetland acreage at
the site.
2. Controls. Each plan shall include a
description of appropriate controls and
measures that will be implemented at
the construction site. The plan will
clearly describe for each major activity
identified in Part IV.D.1.b appropriate
control measures and the timing during
the construction process that the
measures will be implemented. (For
example, perimeter controls for one
portion of the site will be installed after
the clearing and grubbing necessary for
installation of the measure, but before
the clearing and grubbing for the
remaining portions of the site. Perimeter
controls will be actively maintained
until final stabilization of those portions
of the site upward of the perimeter
control. Temporary perimeter controls


will be removed after final
stabilization). The description and
implementation of controls shall address
the following minimum components:
a. Erosion and Sediment Controls.
(1). Stabilization Practices. A
description of interim and permanent
stabilization practices, including site-
specific scheduling of the
implementation of the practices. Site
plans should ensure that existing
vegetation is preserved where attainable
and that disturbed portions of the site
are stabilized. Stabilization practices
may include: temporary seeding,
permanent seeding, mulching,
geotextiles, sod stabilization, vegetative
buffer strips, protection of trees,
preservation of mature vegetation, and
other appropriate measures. A record of
the dates when major grading activities
occur, when construction activities
temporarily or permanently cease on a
portion of the site, and when
stabilization measures are initiated shall
be included in the plan. Except as
provided in paragraphs IV.D.2.(a).(1).
(a), (b), and (c) below, stabilization
measures shall be initiated as soon as
practicable in portions of the site where
construction activities have temporarily
or permanently ceased, but in no case
more than 14 days after the construction
activity in that portion of the site has
temporarily or permanently ceased.
(a). Where the initiation of
stabilization measures by the 14th day
after construction activity temporarily or
permanently cease is precluded by snow
cover, stabilization measures shall be
initiated as soon as practicable.
(b). Where construction activity will
resume on a portion of the site within 21
days from when activities ceased, (e.g.,
the total time period that construction
activity is temporarily ceased is less
than 21 days) then stabilization
measures do not have to be initiated on
that portion of site by the 14th day after
construction activity temporarily
ceased.
(c). In arid areas (areas with an
average annual rainfall of 0 to 10 inches)
and semi-arid areas (areas with an
average annual rainfall of 10 to 20
inches), where the initiation of
stabilization measures by the 14th day
after construction activity has
temporarily or permanently ceased is
precluded by seasonal arid conditions,
stabilization measures shall be initiated
as soon as practicable.
(2). Structural Practices. A description
of structural practices to divert flows
from exposed soils, store flows or
otherwise limit runoff and the discharge
of pollutants from exposed areas of the
site to the degree attainable. Such


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practices may include silt fences, earth
dikes, drainage swales, sediment traps,
check dams, subsurface drains, pipe
slope drains, level spreaders, storm
drain inlet protection, rock outlet
protection, reinforced soil retaining
systems, gabions, and temporary or
permanent sediment basins. Structural
practices should be placed on upland
soils to the degree attainable. The
installation of these devices may be
subject to Section 404 of the CWA.
(a) For common drainage locations
that serve an area with 10 or more
disturbed acres at one time, a temporary
(or permanent) sediment basin providing
3,600 cubic feet of storage per acre
drained, or equivalent control measures,
shall be provided where attainable until
final stabilization of the site. The 3.600
cubic feet of storage area per acre
drained does not apply to flows from
offsite areas and flows from onsite areas
that are either undisturbed or have
undergone final stabilization where such
flows are diverted around both the
disturbed area and the sediment basin.
For drainage locations which serve 10 or
more disturbed acres at one time and
where a temporary sediment basin
providing 3,600 cubic feet of storage per
acre drained, or equivalent controls is
not attainable, smaller sediment basins
and/or sediment traps should be used.
At a minimum, silt fences, or equivalent
sediment controls are required for all
sideslope and downslope boundaries of
the construction area.
(b) For drainage locations serving less
than 10 acres, sediment basins and/or
sediment traps should be used. At a
minimum, silt fences or equivalent
sediment controls are required for all
sideslope and downslope boundaries of
the construction area unless a sediment
basin providing storage for 3,600 cubic
feet of storage per acre drained is
provided.
b. Storm Water Management. A
description of measures that will be
installed during the construction process
to control pollutants in storm water
discharges that will occur after
construction operations have been
completed. Structural measures should
be placed on upland soils to the degree
attainable. The installation of these
devices may be subject to Section 404 of
the CWA. This permit only addresses
the installation of storm water
management measures, and not the
ultimate operation and maintenance of
such structures after the construction
activities have been completed and the
site has undergone final stabilization.
Permittees are only responsible for the
installation and maintenance of storm
water management measures prior to


final stabilization of the site, and are not
responsible for maintenance after storm
water discharges associated with
industrial activity have been eliminated
from the site.
(1). Such practices may include: storm
water detention structures (including
wet ponds); storm water retention
structures; flow attenuation by use of
open vegetated swales and natural
depressions; infiltration of runoff onsite;
and sequential systems (which combine
several practices). The pollution
prevention plan shall include an
explanation of the technical basis used
to select the practices to control
pollution where flows exceed
redevelopment levels.
(2). Velocity dissipation devices shall
be placed at discharge locations and
along the length of any outfall channel
for the purpose of providing a non-
erosive velocity flow from the structure
to a water course so that the natural
physical and biological characteristics
and functions are maintained and
protected (e.g. no significant changes in
the hydrological regime of the receiving
water).
c. Other Controls.
(1). Waste Disposal. No solid
materials, including building materials,
shall be discharged to waters of the
United States, except as authorized by a
section 404 permit.
(2). Off-site vehicle tracking of
sediments and the generation of dust
shall be minimized.
(3). The plan shall ensure and
demonstrate compliance with applicable
State and/or local waste disposal,
sanitary sewer or septic system
regulations.
d. Approved State or Local Plans.
(1) Permittees which discharge storm
water associated with industrial activity
from construction activities must include
in their storm water pollution prevention
plan procedures and requirements
specified in applicable sediment and
erosion site plans or site permits, or
storm water management site plans or
site permits approved by State or local
officials. Permittees shall provide a
certification in their storm water
pollution prevention plan that their
storm water pollution prevention plan
reflects requirements applicable to
protecting surface water resources in
sediment and erosion site plans or site
permits, or storm water management
site plans or site permits approved by
State or local officials. Permittees shall
comply with any such requirements
during the term of the permit. This
provision does not apply to provisions
of master plans, comprehensive plans,
non-enforceable guidelines or technical


guidance documents that are not
identified in a specific plan or permit
that is issued for the construction site.
(2) Storm water pollution prevention
plans must be amended to reflect any
change applicable to protecting surface
water resources in sediment and erosion
site plans or site permits, or storm water
management site plans or site permits
approved by State or local officials for
which the permitted receives written
notice. Where the permitted receives
such written notice of a change, the
permitted shall provide a recertification
in the storm water pollution plan that
the storm water pollution prevention
plan has been modified to address such
changes.
(3) Dischargers seeking alternative
permit requirements shall submit an
individual permit application in
accordance with Part VI.L of the permit
at the address indicated in Part V.C of
this permit for the appropriate Regional
Office, alpng with a description of why
requirements in approved State or local
plans or permits, or changes to such
plans or permits, should not be
applicable as a condition of an NPDES
permit.
3. Maintenance. A description of
procedures to ensure the timely
maintenance of vegetation, erosion and
sediment control measures and other
protective measures identified in the site
plan in good and effective operating
condition.
4. Inspections. Qualified personnel
(provided by the discharger) shall
inspect disturbed areas of the
construction site that have not been
finally stabilized, areas used for storage
of materials that are exposed to
precipitation, structural control
measures, and locations where vehicles
enter or exit the site at least once every
seven calendar days and within 24
hours of the end of a storm that is 0.5
inches or greater. Where sites have been
finally stabilized, or during seasonal
arid periods in arid areas (areas with an
average annual rainfall of 0 to 10 inches)
and semi-arid areas (areas with an
average annual rainfall of 10 to 20
inches) such inspection shall be
conducted at least once every month.
a. Disturbed areas and areas used for
storage of materials that are exposed to
precipitation shall be inspected for
evidence of, or the potential for,
pollutants entering the drainage system.
Erosion and sediment control measures
identified in the plan shall be observed
to ensure that they are operating
correctly. Where discharge locations or
points are accessible, they shall be
inspected to ascertain whether erosion
control measures are effective in


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


preventing significant impacts to
receiving waters. Locations where
vehicles enter or exit the site shall be
Inspected for evidence of offsite
sediment tracking.
b. Based on the results of the
inspection, the site description identified
in the plan in accordance with -
paragraph IV.D.1 of this permit and
pollution prevention measures identified
in the plan in accordance with
paragraph IV.D.2 of this permit shall be
revised as appropriate, but in no case
later than 7 calendar days following the
inspection. Such modifications shall
provide for timely implementation of
any changes to the plan within 7
calendar days following the inspection.
c. A report summarizing the scope of
the inspection, names) and
qualifications of personnel making the
inspection, the dates) of the inspection,
major observations relating to the
implementation of the storm water
pollution prevention plan, and actions
taken in accordance with paragraph
IV.D.4.b of the permit shall be made and
retained as part of the storm water
pollution prevention plan for at least
three years from the date that the site is
finally stabilized. Such reports shall
identify any incidents of non-
compliance. Where a report does not
identify any incidents of non-
compliance, the report shall contain a
/" certification that the facility is in
compliance with the storm water
pollution prevention plan and this
permit. The report shall be signed in
accordance with Part VI.G of this
permit.
5. Non-Storm Water Discharges-
Except for flows front fire fighting
activities, sources of non-storm water
listed in Part IH.A.2 of this permit that
are combined with storm water
discharges associated with industrial
activity must be identified in the plan.
The plan shall identify and ensure the
implementation of appropriate pollution
prevention measures for the non-storm
water components) of the discharge.
E. Contractors
1. The storm water pollution
prevention plan must clearly identify for
each measure identified in the plan, the
contractors) and/or subcontractors)
that will implement the measure. All
contractors and subcontractors
identified in the plan must sign a copy of
the certification statement in Part IV.E.2
of this permit in accordance with Part
VI.G of this permit. All certifications
must be included in the storm water
pollution prevention plan.
2. Certification Statement. All
contractors and subcontractors
identified in a storm water polhuuion


prevention plan in accordance with Part
1V.E.1 of this permit shall sign a copy of
the following certification statement
before conducting any professional
service identified in the storm water
pollution prevention plan:
"I certify under penalty of law that I
understand the terms and conditions of
the general National Pollutant Discharge
Elimination System (NPDES) permit that
authorizes the storm water discharges
associated with industrial activity from
the construction site identified as part of
this certification."
The certification must include the
name and title of the person providing
the signature in accordance with Part
VI.G of this permit; the name, address
and telephone number of the contracting
firm; the address (or other identifying
description) of the site; and the date the
certification is made.
Part V. Retention of Records
A. The permitted shall retain copies of
storm water pollution prevention plans
and all reports required by this permit,
and records of all data used to complete
the Notice of Intent to be covered by
this permit, for a period of at least three
years from the date that the site is
finally stabilized. This period may be
extended by request of the Director at
any time.
B. The permitted shall retain a copy of
the storm water pollution prevention
required by this permit at the
construction site from the date of project
initiation to the date of final
stabilization.
C. Addresses. Except for the submittal
of NOIs (see Part ILC of this permit), all
written correspondence concerning
discharges in any State. Indian land or
from any Federal Facility covered under
this permit and directed to the U.S.
Environmental Protection Agency,
including the submittal of individual
permit applications, shall be sent to the
address of the appropriate Regional
Office listed below:
1. Massachusetts
United States EPA, Region I. Water
Management Division, (WCP-2109),
Storm Water Staff, John F. Kennedy
Federal Building, room 2209, Boston,
MA 02203
2. Indian Lands in New York
United States EPA, Region II, Water
Management Division, (ZWM-WPC),
Storm Water Staff, 26 Federal Plaza,
New York, NY 10278
3. District of Columbia, and Federal
facilities in Delaware
United States EPA, Region III, Water
Management Division. (3WM55).


Storm Water Staff, 841 Chestnut
Building, Philadelphia, PA 19107
4. Florida
United States EPA, Region IV, Water
Management Division, (FPB-3), Storm
Water Staff, 345 Courtland Street, NE,
Atlanta, GA 30365
5. American Samoa and Guam
United States EPA, Region IX, Water
Management Division, (W-5-1), Storm
Water Staff, 75 Hawthorne Street, San
Francisco, CA 94105
Part VI. Standard Permit Conditions
A. Duty to Comply
IfThe permitted must comply with all
conditions of this permit. Any permit
noncompliance constitutes a violation of
CWA and is grounds for enforcement
action; for permit termination,
revocation and reissuance, or
modification; or for denial of a permit
renewal application.:
2. Penalties for Violations of Permit
Conditions. :
a. Criminal
(1). Negligent Violations. The CWA
provides that any person who.
negligently violates permit conditions
implementing sections 301, 302, 306,307,
308, 318, or 405 of the Act is subject to a
fine of not less than $2,500 nor more
than $25,000 per day of violation, or by
imprisonment for not more than 1 year,
or both.
(2). Knowing Violations. The CWA
provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or405 of the Act is subject to a
fine of not less than $5,000 nor more
than $50,000 per day of violation, or by
imprisonment for not more than 3 years,
or both.
(3). Knowing Endangerment. The
CWA provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act and who
knows at that time that he is placing
another person in imminent danger of
death or serious bodily injury is subject
to a fine of not more than $250,000, or by
imprisonment for not more than 15
years, or both.
(4). False Statement. The CWA
provides that any person who
knowingly makes any false material
statement, representation, or
certification in any application, record,
report, plan, or other document filed or
required to be maintained-under the Act
or who knowingly falsifies, tampers
with, or renders inaccurate, any
monitoring device or method required to
be maintain under the Act. shall! upon


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


conviction, be punished by a fine of not
more than $10,000 or by imprisonment
for not more than 2 years, or by both. If
S a conviction is for a violation committed
after a first conviction of such person
under this paragraph, punishment shall
be by a fine of not more than $20,000 per
day of violation, or by imprisonment of
not more than 4 years, or by both. (See
Section 309.c.4 of the Clean Water Act).
b. Civil Panalties-The CWA
provides that any person who violates a
permit condition implementing Sections
301. 302. 306, 307, 308, 318, or 405 of the
Act is subject to a civil penalty not to
exceed $25,000 per day for each
violation.
c. Administrative Panalties-The
CWA provides that any person who
violates a permit condition
implementing Sections 301, 302, 306, 307,
308. 318, or 405 of the Act is subject to
an administrative penalty, as follows:
(1). Class Ipenalty. Not to exceed
$10.000 per violation nor shall the
maximum amount exceed $25,000.
(2). Class IIpenalty. Not to exceed
$10,000 per day for each day during
which the violation continues nor shall
the maximum amount exceed $125,000.
B. Continuation of the Expired General
Permit
This permit expires on [insert date
five years after publication date].
(' However, an expired general permit
continues in force and effect until a new
general permit is issued. Permittees must
submit a new NOI in accordance with
the requirements of Part II of this permit,
using a NOI form provided by the
Director (or photocopy thereof) between
August 1. 1997 and [insert date five
years after publication date] to remain
covered under the continued permit
after [insert date five years after
publication date]. Facilities that had not
obtained coverage under the permit by
[insert date five years after publication
date cannot become authorized to
discharge under the continued permit.
C. Need to halt or reduce activity not
a defense. It shall not be a defense for a
permitted in an enforcement action that
it would have been necessary to halt or
reduce the permitted activity in order to
maintain compliance with the conditions
of this permit.
D. Duty to Mitigate. The permitted
shall take all reasonable steps to
minimize or prevent any discharge in
violation of this permit which has a
reasonable likelihood of adversely
affecting human health or the
environment.
E. Duty to Provide Information. The
permitted shall furnish to the Director;
an authorized representative of the
Director; a State or local agency


approving sediment and erosion plans.
grading plans, or storm water
management plans; or in the case of a
storm water discharge associated with
industrial activity which discharges
through a municipal separate storm
sewer system with an NPDES permit, to
the municipal operator of the system,
any information which is requested to
determine compliance with this permit
or other information.
F. Other Information. When the*
permitted becomes aware that he or she
failed to submit any relevant facts or
submitted incorrect information in the
Notice of Intent or in any other report to
the Director, he or she shall promptly
submit such facts or information.
G. Signatory Requirements. All
Notices of Intent, storm water pollution
prevention plans, reports, certifications
or information either submitted to the
Director or the operator of a large or
medium municipal separate storm sewer
system, or that this permit requires be
maintained by the permitted, shall be
signed as follows:
1. All Notices of Intent shall be signed
as follows:
a. For a corporation: by a responsible
corporate officer. For the purpose of this
section, a responsible corporate officer
means: (1) a president, secretary,
treasurer, or vice-president of the
corporation in charge of a principal
business function, or any other person
who performs similar policy or decision-
making functions for the corporation; or
(2) the manager of one or more
manufacturing, production or operating
facilities employing more than 250
persons or having gross annual sales or
expenditures exceeding $25,000,000 (in
second-quarter 1980 dollars) if authority
to sign documents has been assigned or
delegated to the manager in accordance
with corporate procedures:
b. For a partnership or sole
proprietorship: by a general partner or
the proprietor, respectively: or
c. For a municipality, State, Federal.
or other public agency: by either a
principal executive officer or ranking
elected official. For purposes of this
section. a principal executive officer of a
Federal agency includes (1) the chief
executive officer of the agency, or (2) a
senior executive officer having
responsibility for the overall operations
of a principal geographic unit of the
agency (e.g., Regional Administrators of
EPA).
2. All reports required by the permit
and other information requested by the
Director or authorized representative of
the Director shall be signed by a person
described above or by a duly authorized
representative of that person. A person


is a duly authorized representative only
if:
a. The authorization is made in
writing by a person described above
and submitted to the Director.
b. The authorization specifies either
an individual or a position having
responsibility for the overall operation
of the regulated facility or activity, such
as the position of manager, operator,
superintendent, or position of equivalent
responsibility or an individual or
position having overall responsibility for
environmental matters for the company.
(A duly authorized representative may
thus be either a named individual or any
individual occupying'a named position).
c. Changes to authorization. If an
authorization under paragraph II.B.3. is
no longer accurate because a different
operator has responsibility for the
overall operation of the construction
site, a new notice of intent satisfying the
requirements of paragraph II.B must be
submitted to the Director prior to or
together with any reports, information,
or applications to be signed by an
authorized representative.
d. Certification. Any person signing
documents under paragraph VI.G shall
make the following certification:
"I certify under penalty of law that
this document and all attachments were
prepared under my direction or
supervision in accordance with a system
designed to assure that qualified
personnel properly gathered and
evaluated the information submitted.
Based on my inquiry of the person or
persons who manage the system, or
those persons directly responsible for
gathering the information, the
information submitted is, to the best of
my knowledge and belief, true, accurate,
and complete. I am aware that there are
significant penalties for submitting false
information, including the possibility of
fine and imprisonment for knowing
violations."
H. Penalties for Falsification of
Reports. Section 309(c)(4) of the Clean
Water Act provides that any person
who knowingly makes any false
material statement, representation, or
certification in any record or other
document submitted or required to be
maintained under this permit, including
reports of compliance or noncompliance
shall, upon conviction, be punished by a
fine or not more than $10,000, or by
imprisonment for not more than 2 years,
or by both.
I. Oil and Hazardous Substance
Liability. Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve the permitted
from any responsibilities, liabilities, or
penalties to which the permitted is or


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


may be subject under section 311 of the
CWA or section 106 of the
Comprehensive Environmental
Response. Compensation and Liability
/'" Act of 1980 (CERCLA).
I. PropertyRights. The issuance of
this permit does not convey ainy
property rights of any sort, nor any
exclusive privileges, nor does it
authorize any injury to private property
nor any invasion of personal rights, nor
any infringement of Federal, State or
local laws or regulations.
K. Severability. The provisions of this
permit are severable, and if any
provision of this permit, or the
application of any provision of this
permit to any circumstance, is held
invalid, the application of such provision
to other circumstances, and the
remainder of this permit shall not be
S affected thereby.
L. Requiring an individual permit or
an alternative generalpermit.
1. The Director may require any
person authorized by this permit to
apply for and/or obtain either an
individual NPDES permit or an
alternative NPDES general permit. Any
interested person may petition the
Director to take action under this
paragraph. Where the Director requires
a discharger authorized to discharge
S under this permit to apply for an
individual NPDES permit, the Director
shall notify the discharger in writing
that a permit application is required.
This notification shall include a brief
statement of the reasons for this
decision, an application form, a
statement setting a deadline for the
discharger to file the application, and a
statement that on the effective date of
issuance or denial of the individual
NPDES permit or the alternative general
permit as it applies to the individual
permitted, coverage under this general
permit shall automatically terminate.
Applications shall be submitted to the
appropriate Regional Office indicated in
Part V.Cof this permit. The Director
may grant additional time to submit the
application upon request of the
applicant. If a discharger fails to submit
in a timely manner an individual NPDES
permit application as required by the
Director under this paragraph, then the
applicability of this permit to the
individual NPDES permitted is
automatically terminated at the end of
the day specified by the Director for
application submittal.
2. Any discharger authorized by this
permit may request to be excluded from
the coverage of this permit by applying
for an individual permit. In such cases,
the permitted shall submit an individual
, application in accordance with the
requirements of 40 CFR 12226(c)(1)(ii),


with reasons supporting the request, to
the Director at the address for the
. appropriate Regional Office indicated in
Part V.C of this permit.The request may
be granted by issuance of any individual
permit or an alternative general permit if
the reasons cited by the permitted are
adequate to support the request.
3. When an individual NPDES permit
is issued to a discharger otherwise
subject to this permit, or the discharger
is authorized to discharge under an
alternative NPDES general permit, the
applicability of this permit to the
individual NPDES permitted is
automatically terminated on the
effective date of the individual permit or
the date of authorization of coverage
under the alternative general permit,
whichever the case may be. When an
individual NPDES permit is denied to an
owner or operator otherwise subject to
this permit, or the owner or operator is
denied for coverage under an alternative
NPDES general permit, the applicability
of this permit to the individual NPDES
permitted is automatically terminated on
the date of such denial, unless otherwise
specified by the Director.
M. State/Environmental Laws.
1. Nothing in this permit shall be
construed to preclude the institution of
any legal action or relieve the permitted
from any responsibilities, liabilities, or
penalties established pursuant to any
applicable State law or regulation under
authority preserved by section 510 of the
Act.
2. No condition of this permit shall
release the permitted from any
responsibility or requirements under
other environmental statutes or
regulations.
N. Proper Operation and
Maintenance. The permitted shall at all
times properly operate and maintain all
facilities and systems of treatment and
control (and related appurtenances)
which are installed or used by the
permitted to achieve compliance with
the conditions of this permit and with
the requirements of storm water
pollution prevention plans. Proper
operation and maintenance also
includes adequate laboratory controls
and appropriate quality assurance
procedures. Proper operation and
maintenance requires the operation of
backup or auxiliary facilities or similar
systems, installed by a permitted only
when necessary to achieve compliance
with the conditions of the permit.
0. Inspection and Entry. The
permitted shall allow the Director or an
authorized representative of EPA. the
State, or, in the case of a construction
site which discharges through a
municipal separate storm sewer, an
authorized representative of the


municipal operator or the separate
storm sewer receiving the discharge,
upon the presentation of credentials and
other documents as may be required by
law, to:
1. Enter upon the permitted's premises
where a regulated facility or activity is
located or conducted or where records
must be kept under the conditions of this
permit;
2. Have access to and copy at
reasonable times, any records that must
be kept under the conditions of this
permit; and
3. Inspect at reasonable times any
facilities or equipment (including
monitoring and control equipment).
P. Permit Actions. This permit may be
modified, revoked and reissued, or
terminated for cause. The filing of a
request by the permitted for a permit
modification, revocation and reissuance,
or termination, or a notification of
planned changes or anticipated
noncompliance does not stay any permit
condition.
Part VII. Reopener Clause
A. If there is evidence indicating
potential or realized impacts on water
quality due to any storm water
discharge associated with industrial
activity covered by this permit, the
discharger may be required to obtain
individual permit or an alternative
general permit in accordance with Part
I.C of this permit or the permit may be
modified to include different limitations
and/or requirements.
B. Permit modification or revocation
will be conducted according to 40 CFR
122.62,122.63,122.64 and 124.5.
Part VIII. Termination of Coverage
A. Notice of Termination. Where a
site has been finally stabilized and all
storm water discharges from
construction activities that are
authorized by this permit are eliminated,
or where the operator of all storm water
discharges at a facility changes, the
operator of the facility may submit a
Notice of Termination that is signed in
accordance with Part VI.G of this
permit. The Notice of Termination shall
include the following information:
1. The mailing address of the
construction site for which the
notification is submitted. Where a
mailing address for the site is not
available, the location of the
approximate center of the site must be
described in terms of the latitude and
longitude to the nearest 15 seconds, or
the section, township and range to the
nearest quarter section;


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


2. The name, address and telephone
number of the operator addressed by the
Notice of Termination;
3. The NPDES permit number for the
storm water discharge identified by the
Notice of Termination;
4. An indication of whether the storm
water discharges associated with
industrial activity have been eliminated
or the operator of the discharges has
changed; and
5. The following certification signed in
accordance with Part VI.G (signatory
requirements) of this permit:
"I certify under penalty of law that all
storm water discharges associated with
industrial activity from the identified
facility that are authorized by an NPDES
general permit have been eliminated or
that I am no longer the operator of the
facility or construction site. I understand
that by submitting this notice of
termination, I am no longer authorized
to discharge storm water associated
with industrial activity under this
general permit, and that discharging
pollutants in storm water associated
with industrial activity to waters of the
United States is unlawful under the
Clean Water Act where the discharge is
not authorized by a NPDES permit. I
also understand that the submittal of
this notice of termination does not
release an operator from liability for any
violations of this permit or the Clean
Water Act."
For the purposes of this certification,
elimination of storm water discharges
associated with industrial activity
means that all disturbed soils at the
identified facility have been finally
stabilized and temporary erosion and
sediment control measures have been
removed or will be removed at an
appropriate time, or that all storm water
discharges associated with construction
activities from the identified site that
are authorized by a NPDES general
permit have otherwise been eliminated.
B. Addresses. All Notices of
Termination are to be sent, using the
form provided by the Director (or a
photocopy thereof),4 to the following
address: Storm Water Notice of
Termination, PO Box 1185, Newington,
VA 22122.
Part IX. Definitions
Best Management Practices (BMPs)
means schedules of activities,
prohibitions of practices, maintenance
procedures, and other management
practices to prevent or reduce the
pollution of waters of the United States.
BMPs also include treatment
requirements, operating procedures, and

SA copy of the approved NOT form is provided in
Appendix D of this notice.


practices to control plant site runoff,
spillage or leaks, sludge or waste
disposal, or drainage from raw material
storage.
Commencement of Construction-The
initial disturbance of soils associated
with clearing, grading, or excavating
activities or other construction
activities.
CWA means the Clean Water Act or
the Federal Water Pollution Control Act.
Dedicated portable asphalt plant-A
portable asphalt plant that is located on
or contiguous to a construction site and
that provides asphalt only to the
construction site that the plant is
located on or adjacent to. The term
dedicated portable asphalt plant does
not include facilities that are subject to
the asphalt emulsion effluent limitation
guideline at 40 CFR 443.
Dedicated portable concrete plant-A
portable concrete plant that is located
on or contiguous to a construction site
and that provides concrete only to the
construction site that the plant is
located on or adjacent to.
Director means the Regional
Administrator of the Environmental
Protection Agency or an authorized
representative.
Final Stabilization means that all soil
disturbing activities at the site have
been completed, and that a uniform
perennial vegetative cover with a
density of 70% of the cover for unpaved
areas and areas not covered by
permanent structures has been
established or equivalent permanent
stabilization measures (such as the use
of riprap, gabions, or geotextiles) have
been employed.
Flow-weighted composite sample
means a composite sample consisting of
a mixture of aliquots collected at a
constant time interval, where the
volume of each aliquot is proportional to
the flow rate of the discharge.
Large and Medium municipal
separate storm sewer system means all
municipal separate storm sewers that
are either: (i) located in an incorporated
place (city) with a population of 100,000
or more as determined by the latest
Decennial Census by the Bureau of
Census (these cities are listed in
Appendices F and G of 40 CFR Part 122);
or (ii) located in the counties with
unincorporated urbanized populations
of 100,000 or more, except municipal
separate storm sewers that are located
in the incorporated places, townships or
towns within such counties (these
counties are listed in Appendices H and
I of 40 CFR Part 122); or (iii) owned or
operated by a municipality other than
those described in paragraph (i) or (ii)
and that are designated by the Director


as part of the large or medium municipal
separate storm sewer system.
NOI means notice of intent to be
covered by this permit (see Part II of this
permit.)
NOT means notice of termination (see
Part VIII of this permit).
Point Source means any discernible,
confined, and discrete conveyance,
including but not limited to, any pipe,
ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock,
concentrated animal feeding operation,
landfill leachate collection system,
vessel or other floating craft from which
pollutants are or may be discharges.
This term does not include return flows
from irrigated agriculture or agricultural
storm water runoff.
Runoff coefficient means the fraction
of total rainfall that will appear at the
conveyance as runoff.
Storm Water means storm water
runoff, snow melt runoff, and surface
runoff and drainage.
Storm Water Associated with
Industrial Activity means the discharge
from any conveyance which is used for
collecting and conveying storm water
and which is directly related to
manufacturing, processing or raw
materials storage areas at an industrial
plant. The term does not include
discharges from facilities or activities
excluded from the NPDES program. For
the categories of industries identified in
paragraphs (i) through (x) of this
definition, the term includes, but is not
limited to, storm water discharges from
industrial plant years; immediate access
roads and rail lines used or traveled by
carriers of raw materials, manufactured
products, waste material, or by-products
used or created by the facility; material
handling sites; refuse sites; sites used for
the application or disposal of process
waste waters (as defined at 40 CFR 401);
sites used for the storage and
maintenance of material handling
equipment; sites used for residual
treatment, storage, or disposal; shipping
and receiving areas; manufacturing
buildings; storage areas (including tank
farms) for raw materials, and
intermediate and finished products; and
areas where industrial activity has
taken place in the past and significant
materials remain and are exposed to
storm water. For the categories of
industries identified in paragraph (xi) of
this definition, the term includes only
storm water discharges from all areas
(except access roads and rail lines)
listed in the previous sentence where
material handling equipment or
activities, raw materials, intermediate
products, final products, waste
materials, by-products, or industrial


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.. Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


machinery are exposed to storm water.
For the purposes of this paragraph,
material handling activities include the:
storage, loading and unloading,
transportation, or conveyance of any
raw material, intermediate product,
finished product, by-product or waste
product. The term excludes areas
located on plant lands separate from the
plant's industrial activities, such as
office buildings and accompanying
parking lots as long as the drainage from
the excluded areas is not mixed with
storm water drained from the above
described areas. Industrial facilities
(including industrial facilities that are
Federally, State or municipally owned or
operated that meet the description of the
facilities listed in this paragraph (i-xi)
of this definition) include those facilities
designated under 122.26(a)(1)(v). The
following categories of facilities are
considered to be engaging in "industrial
activity" for purposes of this subsection:
(i) Facilities subject to storm water
effluent limitations guidelines, new
source performance standards, or toxic
pollutant effluent standards under 40
CFR subchapter N (except facilities with
toxic pollutant effluent standards which
are exempted under category (xi) of this
definition); (ii) Facilities classified as
Standard Industrial Classifications 24
e (except 2434), 26 (except 265 and 267), 28
(except 283), 29, 311, 32 (except 323), 33,
3441, 373; (iii) Facilities classified as
Standard Industrial Classifications 10
through 14 (mineral industry) including
active or inactive mining operations
(except for areas of coal mining
operations no longer meeting the
definition of a reclamation area under 40
CFR 434.11(1) because the performance
bond issued to the facility by the
appropriate SMCRA authority has been
released, or except for areas of non-coal
mining operations which have been
released from applicable State or
Federal reclamation requirements after
December 17, 1990) and oil and gas
exploration, production, processing, or
treatment operations, or transmission
facilities that discharge storm water
contaminated by contact with or that
has come into contact with, any
overburden, raw material, intermediate
products, finished products, byproducts
or waste products located on the site of
such operations; inactive mining
operations are mining sites that are not
being actively mined, but which have an
identifiable owner/operator;
(iv) Hazardous waste treatment,
storage, or disposal facilities, including
- those that are operating under interim
status or a permit under Subtitle C of
RCRA;


(v) Landfills, land application sites,
and open dumps that have received any
industrial wastes (waste that is received
from any of the facilities described
under this subsection) including those
that are subject to regulation under
Subtitle D of RCRA;
(vi) Facilities involved in the recycling
of materials, including metal scrapyards,
battery reclaimers, salvage yards, and
automobile junkyards, including but
limited to those classified as Standard
Industrial Classification 5015 and 5093;
(vii) Steam electric power generating
facilities, including coal handling sites:
(viii) Transportation facilities
classified as Standard Industrial
Classifications 40, 41, 42 (except 4221-
25), 43, 44, 45 and 5171 which have
vehicle maintenance shops, equipment
cleaning operations, or airport deicing
operations. Only those portions of the
facility that are either involved in
vehicle maintenance (including vehicle
rehabilitation, mechanical repairs,
painting, fueling, and lubrication),
equipment cleaning operations, airport
deicing operations, or which are
otherwise identified under paragraphs
(i)-(vii) or (ix)-(xi) of this subsection are
associated with industrial activity;
(ix) Treatment works treating
domestic sewage or any other sewage
sludge or wastewater treatment device
or system, used in the storage treatment,
recycling, and reclamation of municipal
or domestic sewage, including land
dedicated to the disposal of sewage
sludge that are located within the
confines of the facility, with a design
flow of 1.0 mgd or more, or required to
have an approved pretreatment program
under 40 CFR 403. Not included are farm
lands, domestic gardens or lands used
for sludge management where sludge is
beneficially reused and which are not
physically located in the confines of the
facility, or areas that are in compliance
with 40 CFR 503;
(x) Construction activity including
clearing, grading and excavation
activities except: operations that result
in the disturbance of less than five acres
of total land area which are not part of a
larger common plan of development or
sale;
(xi) Facilities under Standard
Industrial Classifications 20, 21, 22, 23,
2434, 25, 265, 267, 27, 283, 285, 30, 31
(except 311), 323, 34 (except 3441), 35, 36,
37 (except 373), 38, 39, 4221-25, (and
which are not otherwise included within
categories (i)-(x)).5

5 On June 4. 1992. the United States Court of
Appeals for the Ninth Circuit remanded the
exclusion for manufacturing facilities in category
(xi) which do not have materials or activities


Waters of the United States means:
(a) All waters which are currently
used, were used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters which
are subject to the ebb and flow of the
tide;
(b) All interstate waters, including
interstate "wetlands";
(c) All other waters such as interstate
lakes, rivers, streams (including
intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or
natural ponds the use, degradation, or
destruction of which would affect or
could affect interstate or foreign
commerce including any such waters:
(1) Which are or could be used by
interstate or foreign travelers for
recreational or other purposes;
(2) From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or
(3) Which are used or could be used
for industrial purposes by industries in
interstate commerce;
(d) All impoundments of waters
otherwise defined as waters of the
United States under this definition:
(e) Tributaries of waters identified in
paragraphs (a) through (d) of this
definition;
(f) The territorial sea; and
(g) Wetlands adjacent to waters
(other than waters that are themselves
wetlands) identified in paragraphs (a)
through (f) of this definition.
Waste treatment systems, including
treatment ponds or lagoons designed to
meet the requirements of CWA are not
waters of the United States.
Part X. State Specific Conditions
The provisions of this Part provide
modifications or additions to the
applicable conditions of Parts I through
IX of this permit to reflect specific
additional conditions identified as part
of the State section 401 certification
process. The additional revisions and
requirements listed below are set forth
in connection with particular State,
Indian lands and Federal facilities and
only apply to the States and Federal
facilities specifically referenced.
A. Massachusetts. Massachusetts 401
certification special permit conditions
revise the permit as follows:
1. Part I of the permit is revised to
read as follows:

exposed to storm water to the EPA for further
rulemaking. (Nos. 90-70671 and 91-70200).


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Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Part I. Coverage Under This Permit
A. Permit Area. This permit covers all
areas of the Commonwealth of
Massachusetts.
B. Eligibility.
* a
3. Limitations on Coverage.
* *
h. new or increased storm water
discharges to coastal water segments
within Massachusetts designated as
"Areas of Critical Environmental
Concern (ACEC)" (for information on
ACEC, please contact the Executive
Office of Environmental Affairs, Coastal
Zone Management at (617) 727-9530);
i. new or increased discharges, as
defined at 314 CMR 4.02(19), which meet
the definition of "storm water
discharge," as defined at 314 CMR
3.04(2)(a)(1) or (2)(b), to Outstanding
Resource Waters which have not met
the provisions of 314 CMR 4.04(3) and
Part III C.1 of this permit.
* *
2. Part II of the permit is revised to
read as follows:
Part II. Notice of Intent Requirements
* *
C. Where to Submit.
1. Facilities which discharge storm
water associated with industrial activity
must use a NOI form provided by the
Director (or photocopy thereof). The
form in the Federal Register notice in
which this permit was published may be
photocopied and used. Forms are also
available by calling the Storm Water
Hotline at (703) 821-4823. or the NPDES
Programs Operations Section at US EPA
Region 1 at (617) 565-3525. NOIs must be
signed in accordance with Part VI.G
(signatory requirements) of this permit.
NOIs are to be submitted to the Director
of the NPDES program in care of the
following address: Storm Water Notice
of Intent, US EPA Region 1, MA, PO Box
1215, Newington, VA 22122.
2. A copy of the NOI for all discharges
to Outstanding Resource Waters shall
be submitted to the Commonwealth of
Massachusetts at the following address:
Massachusetts Department of
Environmental Protection, Storm Water
Notice of Intent, BRP-WP 43, PO Box
4062, Boston, Massachusetts 02211.
For details on filing for permits with
MA DEP see 310 CMR 4.00, Timely
Action Schedule and Fee Provisions. For
other information call the MA DEP
Information Services Section at (617)
338-2255 or the Technical Services
Section of the DEP Division of Water
Pollution Control at (508) 792-7470.


3. Part III of the permit is revised to
read as follows:


Part III. Special Conditions
* *
C. Set Backs and Best Management
Practices
1. Storm water discharge outfall pipes
to public water supplies and other
Outstanding Resource Waters shall be
removed and set back when dischargers
are seeking to increase the discharge or
change the site storm water drainage
system; all new discharge outfalls must
be set back from the receiving water.
Receiving swales for outfall pipes shall
be prepared to minimize erosion and
maximize infiltration prior to discharge.
The goal is to infiltrate as much as
feasible; infiltration trenches and
basins, filter media dikes and/or other
BMPs shall be used to meet the goal.
Discharges shall employ Best
Management Practices (BMPs) for
controlling storm water. See Protecting
Water Quality in Urban Areas by the
Minnesota Pollution Control Agency,
Division of Water Quality as a reference
for BMPs.
2. Storm water discharges to waters
that are not classified as Outstanding
Resource Waters shall be subject to the
requirements of this permit. New
discharge outfall pipes shall be designed
to be set back from the receiving water
when site conditions allow. For existing
discharge outfall pipes, when the storm
water drainage system is undergoing
changes, outfall pipes shall be set back
from the receiving water. A receiving
swale, infiltration trench or basin, filter
media dikes or other BMPs should be
prepared with the goal to minimize
erosion yet maximize infiltration or
otherwise improve water quality prior to
discharge.
3. All discharges to Outstanding
Resource Waters authorized under this
permit must be provided the best
practical method of treatment to protect
and maintain the designated use of the
outstanding resource.
B. Delaware. Delaware 401
certification special permit conditions
revise the permit as follows:
1. Part I of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. This permit covers all
Federal facilities administered by
Region 3 in the State of Delaware.
2. Part II of the permit is revised to
read as follows:
Part II. Notice of Intent Requirements

C. Where to Submit.
1. Facilities which discharge storm
water associated with industrial activity
must use a NOI form provided by the


Director (or photocopy thereof). The
form in the Federal Register notice in
which this permit was published may be
photocopied and used. Forms are also
available by calling (703) 821-4823. NOIs
must be signed in accordance with Part
VII.G (signatory requirements) of this
permit. NOls are to be submitted to the
Director of the NPDES program in care
of the following address: Storm Water
Notice of Intent, PO Box 1215,
Newington, VA 22122.
2. A copy of all Notices of Intent
(NOIs) shall be submitted to the State of
Delaware at the following address:
Water Pollution Control Branch, NPDES
Storm Water Program, Delaware
Department of Natural Resources and
Environmental Control, 89 Kings
Highway, P.O. Box 1401, Dover, DE
19903.
3. The following section is added to
Part III of the permit:
Part III. Special Conditions,
Management Practices and Other Non-
Numeric Limitations

C. Special Conditions. The permitted
must comply with the requirements of 7
Delaware Code Chapter 40 and the
Delaware Sediment and Storm Water
Regulations (January, 1991).
4. Part IV of the permit is revised to
read as follows:
Part IV. Storm Water Pollution
Prevention Plan
* *
B. Signature and Plan Review

1. The plan shall be signed in
accordance with Part VII.G (signatory
requirements), and be retained on-site at
the facility which generates the storm
water discharge in accordance with Part
VI.E (retention of records) of this permit.
A copy of the plan, as well as
subsequent revisions, shall also be
submitted to the State of Delaware at
the following address: Water Pollution
Control Branch, NPDES Storm Water
Program, Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, DE 19903.
C. District of Columbia. District of
Columbia 401 certification special
permit conditions revise the permit as
follows:
1. Part I of the permit is revised to
read as follows:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by Region 3 in the
District of Columbia.


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44427






Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


B. Eligibility.
*
3. Limitations on Coverage. The
' following storm water discharges from
construction sites are not authorized by
this permit:
*
f. unpermitted discharges that are
subject to the NPDES program,
excluding discharges associated with
construction activity.
D. Florida. Florida 401 certification
special permit conditions revise the
permit as follows:
1. Part I of the permit is revised to
read as follows:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by Region 4 in the
State of Florida.
2. Part II of the permit is modified to
read as follows:
Part II. Notice of Intent Requirements
A. Deadlines for Notification.
*
2. Individuals who intend to obtain
coverage under this general permit for
storm water discharges from a
construction site where disturbances
associated with the construction project
commence after October 1. 1992, shall
submit a Notice of Intent (NOI) in
accordance with the requirements of
this Part at least 2 days prior to the
commencement of construction
activities (e.g. the initial disturbance of
soils associated with clearing, grading,
excavation activities, or other
construction activities). Prior to
submitting this NOI, the owner of a
storm water management system must
receive a State of Florida storm water
permit from either the Florida
Department of Environmental
Regulation (FDER) or a Florida Water
Management District (FWMD).

B. Contents of Notice of Intent.
*
6. An estimate of project start date
and completion dates, estimates of the
number of acres of the site on which soil
will be disturbed, and a certification
that a storm water pollution prevention
plan has been prepared for the site in
accordance with Part IV of this permit.
(A copy of the plans or permits should
not be included with the NOI
submission). The applicant shall submit
a narrative statement certifying that the
storm water pollution prevention plan
for the facility provides compliance with
approved State of Florida issued
. permits, erosion and sediment control
plans and storm water management
plans. The applicant shall also submit a


copy of the cover page of the State
permit issued by FDER or a FWMD to
the facility for the storm water
associated with construction activities.
* *
D. Additional Notification. Facilities
which are operating under approved
State or local sediment and erosion
plans, grading plans, or storm water
management plans shall submit signed
copies of the Notice of Intent to the
State or local agency approving such
plans in accordance with the deadlines
in Part II.A of this permit (or sooner
where required by State or local rules),
in addition to submitting the Notice of
Intent to EPA in accordance with
paragraph II.C. Facilities which
discharge storm water associated with
construction activities to a municipal
separate storm water system within
Broward, Dade, Duval, Escambia,
Hillsborough, Orange, Palm Beach,
Pinellas, Polk or Sarasota Counties shall
submit a copy of the NOI to the operator
of the municipal separate storm sewer
system. Included within these counties,
the Florida Department of
Transportation (FDOT), incorporated
municipalities and Chapter 298 Special
Districts shall also be notified where
they own or operate a municipal
separate storm sewer system receiving
storm water discharges associated with
construction activity covered by this
permit.
* *
3. Part III of the permit is revised to
read as follows:
Part III. Special Conditions,
Management Practices and Other Non-
Numeric Limitations
A. Prohibition on Non-Storm Water
Discharges
* *
2.
* *
b. The following non-storm water
discharges may be authorized by this
permit provided the non-storm water
component of the discharge is in
compliance with paragraph IV.D.5 and
the storm water management system is
designed to accept these discharges and
provide treatment of the non-storm
water component sufficient to meet
Florida water quality standards:
discharges from fire fighting activities;
fire hydrant flushings: waters used to
wash vehicles or control dust in
accordance with Part IV.D.2.c.(2);
potable water sources including
waterline flushing; irrigation drainage;
routine external building washdown
which does not use detergents;
pavement washwaters where spills or
leaks of toxic or hazardous materials


'have not occurred (unless all spilled
material has been removed) and where
detergents are not used; air conditioning
condensate: springs; uncontaminated
ground water; and foundation or footing
drains where flows are not
contaminated with process materials
such as solvents. Discharges resulting
from ground water dewatering activities
at construction sites are not covered by
this permit. The applicant may seek
coverage for these discharges under
NPDES General Permit No. FLG830000,
published on July 17, 1989 (54 FR 29986)
and modified on August 29, 1991 (56 FR
42736).
* *
4. Part IV of the permit is revised to
read as follows:
Part IV. Storm Water Pollution
Prevention Plans


B. Signature and Plan Review

2. The permitted shall submit plans to
the State agency which issued the storm
water permit and shall make plans
available upon request to the Director; a
state or local agency approving
sediment and erosion plans, grading
plans, or storm water management
plans; or in the case of a storm water
discharge associated with industrial
activity which discharges through a
municipal separate storm sewer system
with an NPDES permit, to the municipal
operator of the system.

C. Keeping Plans Current
The permitted shall amend the plan
whenever there is change in design,
construction, operation, or maintenance,
which has a significant effect on the
potential for the discharge of pollutants
to the waters of the United States,
including the addition of or change in
location of storm water discharge
points, and which has not otherwise
been addressed in the plan or if the
storm water pollution prevention plan
proves to be ineffective in eliminating or
significantly minimizing pollutants from
sources identified under Part IV.D.2 of
this permit, or in otherwise achieving
the general objectives of controlling
pollutants in storm water discharges
associated with industrial activity. In
addition, the plan shall be amended to
identify any new contractor and/or
subcontractor that will implement a
measure of the storm water pollution
prevention plan (see Part IV.E).
Amendments to the plan may be
reviewed by EPA in the same manner as
Part IV.B above. Amendments to the


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44428







Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


plan must be submitted to the State
agency which issued the State storm
water permit.
D. Contents of Plan
1. Site Description
* *
d. An estimate of the runoff coefficient
of the site before, during and after
construction using "C" from the Rational
Method, existing data describing the soil
or the quality of any discharge from the
site and an estimate of the size of the
drainage area for each outfall;
*

2. Controls
Each plan shall include a description
of appropriate controls and measures
that will be implemented at the
construction site. The plan will clearly
describe for each major activity
identified in Part IV.D.1.b appropriate
control measures and the timing during
the construction process that the
measures will be implemented. (For
example, perimeter controls for one
portion of the site will be installed after
the clearing and grubbing necessary for
installation of the measure, but before
the clearing and grubbing for the
remaining portions of the site. Perimeter
controls will be actively maintained
until final stabilization of those portions
of the site upward of the perimeter
control. Temporary perimeter controls
will be removed after final
stabilization). All controls shall be
consistent with the requirements set
forth in the State Water Policy of Florida
(Chapter 17-40, Florida Administrative
Code), the applicable storm water
permitting requirements of the FDER or
appropriate FWMD, and the guidelines
contained in the Florida Development
Manual: A Guide to Sound Land and
Water Management (FDER, 1988) and
any subsequent amendments. The
description and implementation of
controls shall address the following
minimum components:
a. Erosion and sediment controls
(1) stabilization practices. A
description of interim and permanent
stabilization practices, including site-
specific scheduling of the
implementation of the practices. Site
plans should ensure that existing
vegetation is preserved where attainable
and that disturbed portions of the site
are stabilized. Stabilization practices
may include: temporary seeding,
permanent seeding, mulching,
geotextiles, sod stabilization, vegetative
buffer strips, protection of trees,
preservation of mature vegetation, and
other appropriate measures. A record of


the dates when major grading activities
occur, when construction activities
temporarily or permanently cease on a
portion of the site, and when
stabilization measures are initiated shall
be included in the plan. Stabilization
measures shall be initiated as soon as
practicable in portions of the site where
construction activities have temporarily
or permanently ceased.
(a) paragraph deleted
(b) paragraph deleted
(c) paragraph deleted
(2) Structural Practices. A description
of structural practices to divert flows
from exposed soils, store flows or
otherwise limit runoff and the discharge
of pollutants from exposed areas of the
site in accordance with the requirements
set forth in Section 17-40, 420, F.A.C.,
and the applicable storm water
regulations of the FDER or appropriate
FWMD. Such practices may include silt
fences, earth dikes, drainage swales,
sediment traps, check dams, subsurface
drains, pipe slope drains, level
spreaders, storm drain inlet protection,
rock outlet protection, reinforced soil
retaining systems, gabions, and
temporary or permanent sediment
basins. Structural practices shall be
placed on upland soils unless a State of
Florida wetland resource management
permit issued pursuant to Chapters 373
or 403, F.S., and the applicable
regulations of the FDER or FWMD
authorize otherwise. The installation of
these devices may be subject to Section
404 of the CWA.
*
b. Storm water management. A
description of measures that will be
installed during the construction process
to control pollutants in storm water
discharges that will occur after
construction operations have been
completed. The description of controls
shall be consistent with the
requirements set forth in the State
Water Policy of Florida (Chapter 17-40,
F.A.C.), the applicable storm water
permitting regulations of the FDER or
appropriate FWMD, and the guidelines
contained in the Florida Development
Manual: A Guide to Sound Land and
Water Management (FDER, 1988), and
any subsequent amendments. Structural
measures shall be placed on upland
soils unless a State of Florida wetland
resource management permit issued
pursuant to Chapters 373 or 403, F.S.,
and the applicable regulations of the
FDER or FWMD authorize otherwise.
The installation of these devices may be
subject to Section 404 of the CWA. This
NPDES permit only addresses the
installation of storm water management
measures, and not the ultimate


operation and maintenance of such
structures after the construction
activities have been completed and the
site has undergone final stabilization.
Permittees are only responsible for the
installation and maintenance of storm
water management measures prior to
final stabilization of the site, and are not
responsible for maintenance after storm
water discharges associated with
industrial activity have been eliminated
from the site. However, all storm water
management systems shall be operated
and maintained in perpetuity after final
site stabilization in accordance with the
requirements set forth in the State of
Florida storm water permit issued for
the site.
(1) Such practices may include: storm
water detention structures (including
wet ponds); storm water retention
structures; flow attenuation by use of
open vegetated swales and natural
depressions; infiltration of runoff onsite;
and sequential systems (which combine
several practices). Pursuant to the
requirements of section 17-40, 420,
F.A.C., the storm water management
system shall be designed to remove at
least 80 percent of the average annual
load of pollutants which cause or
contribute to violations of water quality
standards (95 percent if the system
Discharges to an Outstanding Florida
Water). The pollution prevention plan
shall include an explanation of the
technical basis used to select the
practices to control pollution where
flows exceed redevelopment levels.
(2) Velocity dissipation devices shall
be placed at discharge locations and
along the length of any outfall channel
for the purpose of providing a non-
erosive velocity flow from the structure
to a water course so that the natural
physical and biological characteristics
and functions are maintained and
protected. Equalization of the
redevelopment and post-development
storm water peak discharge rate and
volume shall be a goal in the design of
the post-development storm water
management system.
c. Other controls
(1) waste disposal. No solid materials,
including building materials, shall be
discharged to waters of the United
States, except as authorized by a section
404 permit and by a State of Florida
wetland resource management permit
issued pursuant to chapters 373 or 403,
F.S., and the applicable regulations of
the FDER or FWMD.
* *
(4) The plan shall address the proper
application rates and methods for the
use of fertilizers and pesticides at the


_ I __


44429








Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


construction site and set forth how these
procedurese s will be implemented and
.nforced.
*
4. Inspections. Qualified personnel
(provided by the discharger) shall
inspect all points of discharge into
waters of the United States or to a
municipal separate storm sewer system
and all disturbed areas of the
construction site that have not been
finally stabilized, areas used for storage
of materials that are.exposed to
precipitation, structural control
measures, storm water management
systems, and locations where vehicles
enter or exit the site at least once every
seven calendar days and within 24
hours of the end of a storm that is 0.25
inches or greater. Where sites have been
finally stabilized, or during seasonal
arid periods in arid areas (areas with an
average annual rainfall of 0 to 10 inches)
and semi-arid areas (areas with an
average annual rainfall of 10 to 20
inches) such inspection shall be
conducted at least once every month.
a. Disturbed areas and areas used for
storage of materials that are exposed to
precipitation shall be inspected for
evidence of, or the potential for,
Pollutants entering the storm water
management system. The storm water
management system and erosion and
sediment control measures identified in
the plan shall be observed to ensure that
they are operating correctly. Where
discharge locations or points are
accessible, they shall be inspected to
ascertain whether erosion control and
storm water management measures are
effective in meeting the performance
standards set forth in State Water Policy
(chapter 17-40, F.A.C.) and the
applicable storm water permitting
regulations of the FDER or appropriate
FWMD. Locations where vehicles enter
or exit the site shall be inspected for
evidence of offsite sediment tracking.

5. Part VI of the permit is revised to
read as follows:
Part VI. Standard Permit Conditions


O. Inspection and Entry
p *
4. Sample or monitor at reasonable
times, for the purposes of assuring
permit compliance or as otherwise
authorized by the CWA, any substances
or parameter at any location on the site.
*
"} 6. Part VIII of the permit is revised to
read as follows:


Part VIII. Termination of Coverage
* *
C. Additional Notification. A copy of
the Notice of Termination shall be sent
to the State agency which issued the
State storm water permit for the site
and, if the storm water management
system discharges to a municipal
separate storm sewer system within
Broward, Dade, Duval, Escambia,
Hillsborough, Orange, Palm Beach,
Pinellas, Polk or Sarasota Counties, to
the owner of that system. Included
within these counties, the Florida
Department of Transportation (FDOT),
incorporated municipalities, and chapter
298 Special Districts also shall be
notified where they own or operate a
municipal separate storm sewer system
receiving storm water discharges
associated with construction activity
covered by this permit.
E. American Samoa. American Somoa
401 certification special permit
conditions revise the permit as follows:
1. Part I of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by EPA Region IX in
American Samoa.
2. Part II of the permit is revised to
read as follows:
Part II. Notice of Intent Requirements


* *


C. Where to Submit

1. A copy of the NOI shall be
submitted to American Samoa
Environmental Protection Agency at the
same time as submittal to the U.S. EPA.
3. The following paragraph is added to
Part IV of the permit:
Part IV. Storm Water Pollution
Prevention Plan
. ,* .*

B. Signature and Plan Review

4. All pollution prevention plans for
storm water discharges in American
Samoa shall be submitted to the
American Samoa Environmental
Protection Agency for review and
approval.
F. Guam. Guam 401 certification
special permit conditions revise the
permit as follows:
1. Part I of the permit is revised to
read:
Part I. Coverage Under This Permit
A. Permit Area. The permit covers all
areas administered by EPA Region IX in
Guam.


2. Part II of the permit is revised to
read as follows:
Part II. Notice of Intent Requirements


C. Where to Submit
1. Facilities which discharge storm
water associated with industrial activity
must use a NOI form provided by the
Director (or photocopy thereof). The
form in the Federal Register notice in
which this permit was published may be
photocopied and used. Forms are also
available by calling (703) 821-4823. NOIs
must be signed in accordance with part
VII.G (signatory requirements) of this
permit. NOIs are to be submitted to the
Director of the NPDES program in care
of the following address: Storm Water
Notice of Intent. PO Box 1215,
Newington, VA 22122.
2. A copy of the NOI also shall be
submitted to appropriate Government of
Guam agencies and the Guam
Environmental Protection Agency at the
following address: D-107 Harmon Plaza,
130 Rojas St,, Harmon, Guam 95911.

3. Part IV of the permit is revised to
read as follows:
Part IV. Storm Water Pollution
Prevention Plan
* *

B. Signature and Plan Review
1. The plan shall be signed in
accordance with Part VII.G (signatory
requirements), and be retained on-site at
the facility which generates the storm
water discharge in accordance with Part
VI.E (retention of records) of this permit.
A copy of the plan shall also be
submitted to the Guam Environmental
Protection Agency at the following
address: D-107 Harmon Plaza, 130 Rojas
St., Harmon, Guam 95911.
* *
4. Part VI of the permit is revised to
read:
Part VI. Monitoring and Reporting
Requirements


D. Reporting: Where to Submit
1.

d. Signed copies of discharge
monitoring reports required under Parts
VI.D.1.a, VI.D.1.b, and VI.D.l.c,
individual permit applications and all
other reports required herein, shall be
submitted to the Director of the NPDES
program-at the address of the
appropriate Regional Office: United
States EPA, Region IX, Water


_I______~_ ~__i


- -I I -- I -- II C-l


44430


* *







Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices 44431

Management Division, (W-5-1), Storm
Water Staff, 75 Hawthorne Street, San
Francisco, CA 94105, and to the Guam
Environmental Protection Agency at the
following address: D-107 Harmon Plaza,
130 Rojas St., Harmon, Guam 959911.

BILLING CODE 650-50-M







44432 Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices

Appendix C-NOI Form/Instructions

See Reverse for Instructions Form Approved. oms No.wse o.
United States Environmental Protection Agency
NPDES Washington. DC 20460
FORM Notice of Intent (NOI) for Storm Water Discharges Associated with Industrial
Activity Under the NPDES General Permit
Submission of this Notice of Intent constitutes notice that the party identified in Section I of this form intends to be authorized by a NPDES permit Issued for storm
water discharges associated with industrial activity in the State identified in Section II of this form. Becoming a permitted obligates such discharger to comply with
the terms an conditions of the permit. ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.

I. Facility Operator Information


Name: I 1 1. 1-..l-1- 1. I I . ..I II I I I Phone: I I I 1i I i i I

i Status of
Address: i III I II I I i I I I I ,2 Owner/Operatr:


City: I I l i l I I t I I i I I I I I I I State: I J I ZIPCode: I i i t I


II. Facility/Site Location Information

SIs the Facility Located on
Name: i l ll i i l I t I I I I I Indian Lands? (Y or N)

Address: I i i I i.I I tI l Iii .i. I

City: I I I I I I I I I I 1 1 1 I I State: I J ZiPCode: I i 1 I I


Latitude: I I I Longitude: I I I I I I Quarter: I Section: i Township: I Range: I

Ill. Site Activity Information

MS4 Operator Name: I I I I I I I I I I I I I I

Receiving Water Body: I I 1 I I I 1 I i 2 i 2 I

If You are Filing as a Co-permittee, Are There Existing Is the Facility Required to Submit I
Enter Storm Water General Permit Number: I ... I Quantitative Data? (Y or N) ] Monitoring Data? (1e 2, or 3)mi

SIC or Designated
Activity Code: Primary: I 2nd I I I 3rd: I 4th: I

If This Facility Is a Member of a Group
Application, Enter Group Application Number: I i I
If You Have Other Existing NPDES
Permits, Enter Permit Numbers: I 1 I I I I I 1 I I 1 .. 2 I

IV. Additional Information Required for Construction Activities Only
Project Completion
Start Date: Date: Is the Storm Water Pollution Prevention Plan
Estimated Area to be in Compliance with State and/or Local
l Disturbed (in Ares): I I I Sediment and Erosion Plans? (Y or N)

V. Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision In accordance with a
system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my Inquiry of the person or persons who
manage he system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
Print Name: Date:




Signature:
EPA Form 3510-6 (8-92)









Federal Register / Vol. 57, No. 187 / Friday, September 25,.1992 /Notices


~~ ~- J -- J

Instructions EPA Form 3510-4
Notice Of Intent (NO) For Storm Water Dicharges Associated With Industrial Activity
To Be Covered Under The NPDES General Permit


Who Must File A Notice Of Intent (NO) Form

Federal law at 40 CFR Part 122 prohibits point source discharges of storm water
associated with industrial activity to a water body(les) of the U.S. without a National
Pollutant Discharge Elimination System (NPOES) permit The operator of an industrial
activity that has such a storm water discharge must submit a NOI to obtain coverage
under the NPDES Storm Water General Permit If you have questions about whether
you need a permit under the NPDES Storm Water program, or if you need information
as to whether a particular program Is admniistored by EPA or a state agency, contact
the Storm Water Hotline at (703) 821-4823.

Where To File NOI Form

NOls must be sent to the following address:

Storm Water Notice of Intent
PO Box 1215
Newington, VA 22122

Compiling The Form

You must type or print using upper-case letters, in the appropriate areas only. Please
place each character between the marks. Abbreviate if necessary to stay within the
number of characters allowed for each item. Use one space for breaks between words.
but not for punctuation marks unless they are needed to clarify your response. If you
have any questions on this form, call the Storm Water Hotline at (703) 821-4823.

Section I Facility Operator Information

Give the legal name of the person, firm. public organization, or any other entity that
operates the facility or site described in this application. The name of the operator may
or may not be the same as the name of the facility. The responsible party is the legal
entity that controls the facility's operation, rather than the plant or site manager. Do not
use a colloquial name. Enter the complete address and telephone number of the
operator.

Enter the appropriate letter to indicate the legal status of the operator of the facility.

F Federal M Public (other than federal or stale)
S Slate P.Private

Section I FaclHlty/Ste Location Informtllon

Enter the facility's or site's official or legal name and complete street address, including
city, state, and ZIP code. f the facility or site lacks a street address, indicate the state,
the latitude and longitude of the facility to the nearest 15 seconds, or the quarter.
section, township, and range (to the nearest quarter section) of the approximate center
of the site.

Indicate whether the facility is located on Indian lands.

Section III Site Activity Information

f the storm water discharges to a municipal separate storm sewer system (MS4). enter
the nameof the operator of the MS4 (e.g.. municipality name, county name) and the
receiving water of the discharge from the MS4. (A MS4 is defined as a conveyance
or system of conveyances (including roads with drainage systems, municipal streets.
catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is
owned or operated by a state, city. town. borough, county, parish district, association,
or other public body which is designed or used for collecting or conveying storm water.)

If the facility discharges storm water directly to receiving waler(s), enter the name of the
receiving water.

If you are iling as a co-permittee and a storm water general permit number has been
Issued, enter that number in the space provided.

Indicate whether or not the owner or operator of the facility has existing quantitative
data that represent the characteristics and concentration of pollutants in storm water
discharges.

Indicate whether the facility is required to submit monitoring data by entonng one of the
following:

1 Not required to submit monitoring data;
2 Required to submit monitoring data;
3 Not required to submit monitoring data; submitting certification for monitoring
exclusion


Those facilities that must submit monitoring data (e.g., choice 2) are: Section 313
EPCRA facilities; primary metal industries; land disposal units/inclnerators/BIFs; wood
treatment facilities; facilities with coal pile runoff: and, battery reclaimers.

List, In descending order of significance, up to four 4-digit standard' Industrial
classification (SIC) codes that best describe the principal products or services provided
at the facility or site identified In Section II of this application.

For industrial activities defined in 40 CFR 122.26(b)(14)(i)-(xi) that do not have SIC
codes that accurately describe the principal products produced or services provided, the
following 2-character codes are to be used:

HZ Hazardous waste treatment, storage, or disposal facilities, including those that
are operating under interim status or a permit under subtitle C of RCRA [40
CFR 122.26 (b)(14)(iv)];
LF Landfills, land application sites, and open dumps that receive or have received
any industrial wastes, including those that are subject to regulation under
subtitle D of RCRA (40 CFR 122.26 (b)(14)(v)];
SE Steam electric power generating facilities, including coal handling sites [40 CFR
122.26 (b)(14)(vii)l;
TW Treatment works treating domestic sewage or any other sewage, sludge or
wastewater treatment device or system, used in the storage, treatment.
recycling, and reclamation of municipal or domestic sewage [40 CFR 122.26
(b)(14)(ix)L or,
CO Construction activities [40 CFR 122.26 (b)(14)(x)].

If the facility listed in Section II has participated in Part 1 of an approved storm water
group application and a group number has been assigned, enter the group application
number in the space provided.

If there are other NPDES permits presently issued for the facility or site listed in Section
II, list the permit numbers. If an application for the facility has been submitted but no
permit number has been assigned, enter the application number.

Section IV Additional Information Required for Construction Activities Only

Construction activities must complete Section IV in addition to Sections I through III.
Only construction activities need to complete Section IV.

Enter the project start date and the estimated completion date for the entire
development plan.

Provide an estimate of the total number of acres of the site on which soil will be
disturbed (round to the nearest acre).

Indicate whether the storm water pollution prevention plan for the site is in compliance
with approved state and/or local sediment and erosion plans, permits, or storm water
management plans.

Section V Certification

Federal statutes provide for severe penalties for submitting false information on this
application form. Federal regulations require this application to be signed as follows:

For a corporation: by a responsible corporate officer, which means: (i) president,
secretary. treasurer, or vice-president of the corporation in charge of a principal'
business function, or any other person who performs similar policy or decision making
functions, or (Ii) the manager of one or more manufacturing, production, or operating
facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars). If authority to sign documents
has been assigned or delegated to the manager In accordance with corporate
procedures;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipality, state, Federa, or otherpublic faciliy: by either a principal executive
officer or ranking elected official.

Paperwork Reduction Act Notice

Public reporting burden for this application Is estimated to average 0.5 hours per
application, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection
of Information. Send comments regarding the burden estimate, any other aspect of the
collection of information, or suggestions for improving this form, Including any
suggestions which may increase or reduce this burden to: Chief,. InformationPolicy
Branch, PM-223, U.S. Environmental Protection Agency.. 401' M Street SW;
Washington. DC 20460. or Director, Office of Information and Regulatory Affairs Office
of Management and Budget, Washington. DC 20503.


dAAAI4







44434 Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices

Appendix D-NOT Form/Instructions

Form Approved. ousa ia. 2o-ooes
Please See Instructions Before Completing This Form Appovnl erp.e,: -t414
United States Environmontal Protection Agency
NPDES L Washington. DC 20460
FORM Notice of Termination (NOT) of Coverage Under the NPDES General Permit
-"% L A tfor Storm Water Discharges Associated with Industrial Activity

Submission of this Notice of Termination constitutes notice that the party identified In Section II of this form is no longer authorized to discharge storm water
associated with Industrial activity under the NPDES program. ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.

I. Permit Information

NPDES Storm Water Check Here it You are No Longer Check Here if the Storm Water I]
General Permit Number: I -l II the Operator of the Facility: Discharge is Being Terminated:

II. Facility Operator Information




I Address: I I I I


City: I I I i i i I i I I I I i i i r I i I I State: I L ZIP Code:l I I i I I I I

III. Facility/Site Location Information

Name: I I I I I I I I I I I I I i i 1 I


Address: I i I iiII --ii


City: II II I i I I i 1 I l 1.. 1L i i State: I I ZIPCode:I I i i i i


Latitude: II L1 Longitude: LL I I Ocer: I Secton: I Township. L. Range: Ii I I

IV. Certification: I certify under penalty of law thot al storm water discharges associated with industrial activity from the identified facility that are authorized by a
NPDES general permit have been eliminated r L .at I am no longer the operator of the facility or construction site. I understand that by submitting this Notice of
Terminaton, I am no longer authorized to discharge storm water associated with industrial activity under this general permit, and that discharging pollutants In
storm water associated with Industrial activity to waters of the United States is unlawful under the Clean Water Act where the discharge Is not authorized by a
NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or the
Clean Water Act.

PrintName: I .i.i.i. .i. i. '.... i l ..... Date


Signature:



Instructions for Completing Notice of Termination (NOT) Form

Who May File a Notice of Termination (NOT) Form Where to File NOT Form
Permittees who are presently covered under the EPA Issued National Allurant Send this form to the the following address:
Discharge Elimlnation System (NPOES) General Permit for Storm Waler
Dicharges Associated with Industrial Acivity may submit a Notice of Te'mination Storm Water Notice of Termination
(NOT) form when heir facilities no longer have nny storm water discharges P.O. Box1185
associated with Industrial activity as defined In the storm water regulations at 40 Newington VA 22122
CFR 122.26 (b)(14), or when they are no longer the operator of the facilities.
For construction activities, elimination dl all storm water discharges associated Completing the Form
with Industrial activity occurs when disturbed sols at the construction site have
been finally stabilized and temporary erosion and seiament control measures Type or print, using upper-cas letters. In the appropriate areas only. Please
have been removed or will be removed at an appropdate time. or that all storm place each character between me marKs. Abbeviate If necessary to stay within
water discharges associated with Industriai activry iromn me construction site that the number of characters allowed lor each Iem. Use only one space for breaks
are authorized by a NPDES general permit have otherwise been eliminated. between words, but rot lor punctuaton marks unless they are needed to iarify
Final stabilization means that all soil-disturbing activities at the site have been your response. If you have any questions about this storm, call the Storm Water
completed, and that a uniform perennial vegetaove cover wIt a density of 70% of Hodlne at (703) 821-4823.
the cover tor unpaved areas and areas not covered by permanent structures has
been established, or equivalent permanent stabilizatIon measures (such as the
use of riprap, gablons, or geotexiles) have been employed. PLEASE SEE REVERSE OF THIS FORM FOR FURTHER INSTRUCTIONS
EPA Form 3510-7 (8-92)








Federal Register / Vol. 57, No. 187 / Friday, September 25, 1992 / Notices


Instructions EPA Form 3510-7
Notice of Termination (NOT) of Coverge Under The NPDES General Permit
for Storm Water Discharges Associated With Industrial Activity


Section I Permit Information

Enter the existing NPDES Storm Water General Permit number assigned to the
fadlity or site identified in Section 111. If you do not know the permit number.
contact the Storm Water Holtine at (703) 821-4823.

Indicate your reason for submitting this Notice of Termination by checking the
appropriate box:

If there has been a change of operator and you are no longer the operator
of the facility or site identified in Section III. check the corresponding box.

If all storm water discharges at the facility or site identified in Section III have been
terminated, check the corresponding box.

Section i Facility Operator Information

Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator
may or may not be the same name as the facility. The operator of the facility is
the legal entity which controls the facility's operation, rather than the plant or site
manager. Do not use a colloquial name. Enter the complete address and
telephone number of the operator.

Section 1II Faclity/Site Location Information

Enter the fadlity' or site's official or legal name and complete address, including
city. state and ZIP code. If the facility lacks a street address, indicate the state,
the latitude and longitude of the facility to the nearest 15 seconds, or the quarter.
section, township, and range (to the nearest quarter section) of the approximate
center of the site.


Section IV Certification


Federal statutes provide for severe penalties for submitting false information on
this application form. Federal regulations require this application to be signed as
follows:

For a corporation: by a responsible corporate officer, which means: (i) president,
secretary, treasurer, or vice-president of the corporation In charge of a principal
business function, or any other person who performs similar policy or decision
making functions, or (ii) the manager of one or more manufacturing, production.
or operating facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;

For a partnership or sole proprieorship: by a general partner or the proprietor; or

For a mnticipaity. Slate, Federal, or other public facility: by either a principal
executive officer or ranking elected official.

Paperwork Reduction Act Notice

Public reporting burden for this application is estimated to ave age 0.5 hours per
application, induding time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden
estimate, any other aspect of the collection of information, or suggestions for
improving this form, including any suggestions which may increase or reduce this
burden to: Chief, Information Policy Branch, PM-223, U.S. Environmental
Protection Agency. 401 M Street, SW. Washington. DC 20460, or Director. Office
of Information and Regulatory Affairs, Office of Management and Budget,
Washington. DC 20503.


[FR Doc. 92-23326 Filed 9-24-92; 8:45 am]
BILLING CODE 6560-50-C


44435




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