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HomeMy WebLinkAboutMUNICIPAL SEPARATE STORM SEWER SYSTEM NPDES PERMIT NO GAS2000200 GDPRGeorgia Department of Natural Resources Environmental Protection Division, Watershed Protection Branch 4220 International Parkway, Suite 101, Atlanta, Georgia 30354 Reply To: Linda MacGregor, P.E., Branch Chief NonPoint Source Program 404/675 -6232 404/675 -6240 FAX: 404/675 -6245 April 12, 2010 Honorable Deke Copenhaver Mayor of Augusta 530 Greene Street, Room 806 Augusta, Georgia 30901 -4406 RE: Augusta- Richmond County Municipal Separate Storm Sewer System NPDES Permit No. GAS000200 Dear Mayor Copenhaver: Pursuant to the Georgia Water Quality Control Act, as amended; the Federal Water Pollution Control Act, as amended; and the Rules and Regulations promulgated thereunder, we have today issued the attached National Pollutant Discharge Elimination System ( NPDES) Permit for your municipal separate storm sewer system. On October 9, 2009, the Georgia Environmental Protection Division (EPD) transmitted a proposed draft Permit to you. In a February 3, 2010 letter, the U.S. Environmental Protection Agency (EPA) provided preliminary comments on the draft Permit. To address the comments, EPD has incorporated revised wording into the Permit. Please note that this wording varies from the wording in the October 9, 2009 draft Permit. The minor wording changes, made to the boilerplate language of the permit, were limited to the following: • Part 1.B.5 — a definition for "highly visible pollutant source" has been added; • Part 1.B.6 — a definition for "illicit discharge" has been added; • Part II.A.3 — the text under "Discharge Prohibitions" was revised to include the word "non- stormwater "; • Part III.A — the text under "Program Amendments" was revised to include the words "and implement" in the last paragraph; • Part III.C.11- the text was added to require a status report on Low Impact Development/Green Infrastructure implementation; • Part III.D — text under "Public Education Program" was added to include suggested websites to obtain public education materials; and Honorable Deke Copenhaver Page 2 April 12, 2010 • Part III.F — the text under "Low Impact Development/Green Infrastructure" was revised to include the words "residential and commercial development ". Please note that the Permit has an expiration date of April 12, 2012. Through additional discussions with EPA, it was determined that the Permit would be issued for two years, rather than the usual five -year period. During the 2010 -2012 period, EPA and EPD will continue negotiations on the Permit template. Please be advised that on and after the effective date indicated in the attached NPDES Permit, the permittee must comply with all terms and conditions of this Permit. Sincerely, err Lawrence W. Hedges Program Manager NonPoint Source Program LW H /lap Attachment cc: Garrett Weiss, Environmental Engineer Phase I Medium MS4 NPDES Permit No. GAS000200 STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Discharges From The Augusta- Richmond County Municipal Separate Storm Sewer System In compliance with the provisions of the Georgia Water Quality Control Act (Georgia Laws 1964, p. 416, as amended), hereinafter called the "State Act ", the Federal Clean Water Act, as amended (33 U.S. C. 1251 et seq.), hereinafter called the "Clean Water Act ", and the Rules and Regulations promulgated pursuant to each of these Acts, all new and existing storm water point sources covered under this permit are authorized to discharge storm water from this municipal storm sewer system to the waters of the State of Georgia in accordance with the limitations, monitoring requirements and other conditions set forth in Part I through Appendix A hereof. This permit shall become effective on April 13, 2010. This permit and the authorization to discharge shall expire at midnight, April 12, 2012. Signed this 12th day of April 2010. L, a A qmec" , Director, Environmental Protection Division STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION PART I. COVERAGE UNDER THIS PERMIT A. Coverage Page 2 of 19 Permit No. GAS000200 1. This permit covers all new and existing point source discharges of storm water from the authorized municipal separate storm sewer system to waters of the State of Georgia, except the following storm water discharges are not regulated by this permit: a. NPDES permitted storm water discharges associated with industrial activity that discharge through a storm water system which is not a municipal separate storm sewer system within the boundaries of the municipality; b. Conveyances that discharge storm water runoff combined with municipal sewage; C. Discharges from a Publicly Owned Treatment Works (POTW); d. Storm water discharges that enter the waters of the State other than from a point source; e. Storm water discharges from construction sites which are one acre or greater; and f. NPDES permitted non -storm water discharges, such as process and non - process wastewater. 2. The permittee is liable for permit compliance and the implementation of the Storm Water Management Program (SWMP) for all discharges from the municipal separate storm sewer system for which it is owner or operator. B. Definitions All terms used in this permit shall be interpreted in accordance with the definitions as set forth in the Georgia Water Quality Control Act, as amended, and the Federal Clean Water Act, as amended, unless otherwise defined in this paragraph. 1. "Annual Report" means the document submitted by the permittee on an annual basis summarizing the Storm Water Management Program activities conducted during the previous year, in accordance with Part III.0 of the permit. STATE OF GEORGIA Page 3 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION 2. "Best Management Practice" or "BMP" means both structural devices to store or treat storm water runoff and non - structural programs or practices which are designed to prevent or reduce the pollution of the waters of the State of Georgia. 3. "Director" means the Director of the Environmental Protection Division of the Department of Natural Resources, State of Georgia. 4. "EPD" means the Environmental Protection Division of the Department of Natural Resources, State of Georgia. 5. "Highly Visible Pollutant Source" or "HVPS" means a land use or activity on a commercial site that produces higher than normally found levels of pollutants in stormwater runoff. These facilities may include, but are not limited to, gasoline stations, auto repair shops, commercial car washes, home improvement stores, nurseries, etc. 6. "Illicit Discharge" means any direct or indirect non - stormwater discharge to the separate storm sewer system, including but not limited to, sewage, process wastewater, and washwater. The discharge may be continuous or intermittent in occurrence. 7. "Maximum Extent Practicable" (MEP) means the technology -based discharge standards and controls necessary for the reduction of pollutants discharged from a municipal separate storm sewer system. These standards and controls may consist of a combination of best management practices, control techniques, system design and engineering methods, and such other provisions for the reduction of pollutants discharged from a municipal separate storm sewer system as described in the Storm Water Management Program. 8. "Municipal Separate Storm Sewer System" or "MS4" means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, owned or operated by a municipality or other public body, designed or used for collecting or conveying storm water runoff and is not a combined sewer or part of a Publicly Owned Treatment Works. 9. "Natural Background Level' means the average value of a specific parameter naturally detected in a water body which has not been affected by any manmade discharge or runoff. STATE OF GEORGIA Page 4 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION 10. "Outfall" means the most downstream point on a municipal storm sewer system where it discharges to the waters of the State. 11. "Pollutant" means -dredged spoil, solid waste, incinerator residue, -filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. 12. "Program" or "SWMP" means the Storm Water Management Program required to be developed and implemented under the terms and conditions of this permit and refers to a comprehensive program to manage the quality of storm water discharged from a MS4, and which addresses the topics listed in Appendix A. 13. "State Act" means the Georgia Water Quality Control Act, as amended. 14. "State Rules" or "Rules" means the Georgia Rules and Regulations for Water Quality Control. 15. "Storm Water" means storm water runoff, snowmelt runoff, and surface runoff and drainage. 16. "USEPA" or "EPA" means the United States Environmental Protection Agency. 17. "Waters of the State" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, wetlands, wet weather streams, and all other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. PART II. DISCHARGE PROHIBITIONS AND RECEIVING WATER LIMITATIONS A. Discharge Prohibitions 1. The permittee shall effectively prohibit discharges of non -storm water through its MS4 into waters of the State of Georgia. 2. The permittee is prohibited from discharging storm water which contains pollutants which have not been reduced to the maximum extent STATE OF GEORGIA Page 5 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION practicable using procedures identified in the Storm Water Management Program. 3. Discharges from the following activities will not be subject to the prohibition on non - stormwater discharges at this time, except if the discharges are identified as being a significant source of pollutants: a. Water line flushing and other discharges from potable water sources; b. Landscape irrigation and lawn watering; C. Irrigation water; d. Diverted stream flows; e. Rising ground waters; f. Infiltration to separate storm drains; g. Uncontaminated pumped ground water; h. Foundation and footing drains; i. Water from crawl space pumps; j. Air conditioning condensation; k. Springs; I. Individual residential car washing; M. Flows from riparian habitats and wetlands; n. Dechlorinated swimming pool discharges; or o. Flows from fire fighting. B. Receiving Water Standards 1. The permittee shall, to the maximum extent practicable, regulate and manage the MS4 to assure that discharges from the MS4 to the waters of the State do not cause the following criteria to be exceeded: STATE OF GEORGIA Page 6 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION a. All waters shall be free from materials associated with municipal or domestic sewage, industrial waste or any other waste which will settle to form sludge deposits that become putrescent, unsightly, or otherwise objectionable; b. All waters shall be free from oil, scum, and floating debris associated with municipal or domestic sewage, industrial waste or other discharges in amount sufficient to be unsightly or to interfere with legitimate water uses; C. All waters shall be free from material related to municipal, industrial or other discharges which produce turbidity, color, odor, or other objectionable conditions which interfere with legitimate water uses; d. All waters shall be free from turbidity which results in a substantial visual contrast in a water body due to a man -made activity. The upstream appearance of a body of water shall be as observed at a point immediately upstream of a turbidity- causing man -made activity. That upstream appearance shall be compared to a point which is located sufficiently downstream from the activity so as to provide an appropriate mixing zone. For land disturbing activities, proper design, installation, and maintenance of best management practices and compliance with issued permits shall constitute compliance with this criteria. e. All water shall be free from toxic, corrosive, acidic and caustic substances discharged from municipalities, industries, or other sources, such as nonpoint sources, in amounts, concentrations, or combinations which are harmful to humans, animals or aquatic life. PART III. STORM WATER MANAGEMENT PROGRAM The permittee shall implement and enforce a Storm Water Management Program (SWMP) designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, in order to protect water quality and to satisfy the appropriate water quality requirements of the State Act and Rules. The SWMP format should follow the outline contained in Appendix A. The SWMP and its amendments, upon approval by EPD, shall become part of this permit. STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION A. Program Amendments Page 7 of 19 Permit No. GAS000200 EPD may require a revision of the SWMP at any time it is deemed necessary by the Director to comply with the goals and requirements of the State Act, but specifically for any of the following reasons: A change has occurred which will significantly impact the potential for the discharge of pollutants to the waters of the State of Georgia; 2. The program proves ineffective in controlling pollutants from the MS4 to the maximum extent practicable; 3. An adverse impact to water quality has been documented as a result of discharges from the MS4; or 4. To include more stringent requirements necessary to comply with new State or Federal statutory or regulatory requirements. The Director shall notify the permittee of the required modifications in writing and set forth a schedule for the permittee to develop and implement the modified SWMP. The permittee may propose alternative SWMP modifications to EPD. B. Program Approval The SWMP may be modified by the permittee at any time. Written notification of proposed SWMP modifications must be submitted to EPD at least 30 days prior to implementation of the modification. EPD reserves the right to disapprove the SWMP modification. C. Annual Report The permittee shall prepare an annual system -wide report covering the reporting period of April 1- March 31 . The report shall be submitted by May 15th following the reporting period. The report must include a comprehensive summary of all the storm water management program activities conducted during the reporting period (see Appendix A). The report shall be submitted using the form provided by EPD and shall include, in part, the following: The status of implementing the components of the SWMP that are established as permit conditions; and also, the status of compliance with any schedules established under this permit; 2. Proposed changes to the SWMP that are established as permit conditions, including the addition of any outfalls and an update on areas added to the municipal separate storm sewer system; STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Page 8 of 19 Permit No. GAS000200 3. Revisions, if necessary, to the assessments of controls and the fiscal analysis reported in the permit application; 4. A summary of data, including monitoring data that was accumulated throughout the reporting year; 5. Annual expenditures and budget for year following each annual report; 6. A summary describing the number and nature of enforcement actions, inspections, and public education programs; 7. Identification of water quality improvements or degradation; 8. A summary of any SWMP activities conducted to increase the focus on any areas containing impaired waters with completed TMDLs, including implementation of the Total Maximum Daily Load requirements in Part III.E; 9. A description of educational activities and enforcement efforts taken to address highly visible pollutant sources and illicit discharges; 10. A summary of any activities taken to increase pollution prevention and good housekeeping at industrial and municipal operations; and 11. A summary of actions taken to remove regulatory obstacles and encourage and /or require the use of Green Infrastructure and Low Impact Development approaches to managing stormwater. The permittee shall be responsible for the content of the report or the failure to provide information for the report relating to the MS4 for which it is the owner or operator. The permittee shall sign and certify the Annual Report as required under Part V.J of this permit. D. Public Education Program Conduct a public education program that addresses water quality issues and the protection of water resources. If the permittee will participate in an existing regional program, then the Annual Report should summarize the activities performed during the reporting period. If the permittee will implement its own public education program, the proposed program must be described in the Storm Water Management Program and the activities conducted during the reporting period must be summarized in the Annual Report. STATE OF GEORGIA Page 9 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION Public education materials are available on numerous websites, including these suggested sites: U.S. EPA ( www.epa.gov ), Clean Water Campaign ( www.cleanwatercampaign.com ) and Center for Watershed Protection ( www.cwp.org ). E. Total Maximum Daily Load (TMDL) In the first Annual Report after issuance of this permit, or after establishment of an approved TMDL for a pollutant of concern in the permittee's storm water discharges during this permit term, the permittee shall identify these impaired stream segment(s) and /or tributaries to these impaired stream segments, the pollutant of concern, and the location of all known MS4 outfalls located on these segments or occurring within one linear mile upstream of these segments within the permittee's jurisdiction. The permittee shall also propose a monitoring plan (Plan) in the Annual Report for each pollutant of concern. The Plan shall include the sample type, frequency, any seasonal considerations, and an implementation schedule to start monitoring for each pollutant of concern. The Plan must either include a map showing the location of all MS4 outfalls on the impaired stream segments and within one linear mile upstream of these segments (within the permittee's jurisdiction), or a schedule for confirming the location of these outfalls. Also, the Plan must include a description of proposed best management practices (BMPs) to be used to address the pollutants of concern. Subsequent Annual Reports will include an assessment of the data for each pollutant of concern, and an assessment of the effectiveness of the BMPs employed, to determine what, if any, additional adaptive BMP measures may be necessary to contribute towards returning the stream to compliance with State water quality standards. Following any review and comment on the Plan by EPD, the permittee will incorporate any necessary changes into the Plan. F. Low Impact Development/Green Infrastructure EPD encourages the use of green infrastructure practices and approaches on both new and redeveloped sites. The permittee shall review and revise, where necessary, building codes, ordinances, and other regulations to ensure they do not prohibit or impede the use of green infrastructure practices, including infiltration, reuse, and evapotranspiration. At a minimum, the permittee shall assess those regulations governing residential and commercial development, road design and parking requirements. During the regulatory review, the permittee should consider the inclusion of incentives for use of green infrastructure practices into the ordinance. The ordinance evaluation shall be completed within two years and a written report submitted to EPD with the 2011- 2012 Annual Report. Any necessary ordinance revisions must be completed, STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Page 10 of 19 Permit No. GAS000200 and adopted ordinances submitted to EPD, within four years of the effective date of the Permit. Design information on low impact development practices can be found in the Georgia Stormwater Management Manual ( www.geomiastormwater.com ). Additional information on green infrastructure and better site design can be found on numerous websites, including these suggested sites: U.S. EPA ( www.epa.gov Center for Watershed Protection ( www.cwp.org ), Georgia Coastal Resource Division's "Georgia's Green Growth Guidelines" ( crd.dnr. state. ga.us and Green Infrastructure Center (www.gicinc.om In addition, you may want to consult the following webpages on EPA's website: www.epa.gov /nps /lid and http: / /cfpub. epa.gov /npdes /home.cfm ?program id =298 G. Stormwater Design Manual The permittee must adopt and implement the use of either the Georgia Stormwater Management Manual (GSMM) or an equivalent local design manual. For Chatham County and the permittees located within Chatham County, the adopted manual should include the Coastal Supplement to the GSMM. The adoption of the design manual must be completed by no later than 2 years from the effective date of the Permit. The permittee must provide documentation to EPD to demonstrate the date the adoption of the design manual occurred in the 2011 -2012 annual report. PART IV. MONITORING AND REPORTING REQUIREMENTS A. Monitoring Procedures The permittee must perform all monitoring as described in the Storm Water Management Program. 2. Monitoring must be conducted according to approved test procedures set forth in 40 CFR Part 136, unless other approved test procedures have been specified. 3. Parameters shall be analyzed to the detection limits specified by EPD. If a parameter is not detected at or above the detection limit, a value of "NOT DETECTED" will be reported for that sample and the detection limit will also be reported. 4. If the permittee monitors any parameter at the designated location(s) more frequently than required by this permit, the permittee shall analyze all samples using approved analytical methods specified in Part IV.A.3. EPD STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Page 11 of 19 Permit No. GAS000200 may require more frequent monitoring or the monitoring of other parameters not specified in this permit or the Storm Water Management Program by written notification to the permittee. B. Retention of Records 1. The permittee shall retain copies of all reports required by this permit, all monitoring information and records of all other data required by or used to demonstrate compliance with this permit, including any additional monitoring performed which is not required by this permit, for a period of at least three years. After EPD's approval, the permittee will implement the latest revision of the Storm Water Management Program, while retaining on file the previous version of the program for a period of at least three years. These periods may be modified by the Director by written notification at any time. 2. Records of monitoring information shall include: a. The date, exact place, time of sampling, or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of the analyses. PART V. STANDARD PERMIT CONDITIONS A. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and the State Act and is grounds for: a. Enforcement action; b. Permit termination, revocation and reissuance, or modification; or C. Denial of a permit renewal application. STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Page 12 of 19 Permit No. GAS000200 2. The Clean Water Act and the State Act both provide that any person who falsifies or tampers with any monitoring device or method required under this permit, or who makes any false statement, representation, or certification in any record submitted or required by this permit, shall, if convicted, be punished by a fine or by imprisonment, or by both. Both Acts include procedures for imposing civil penalties for violations or for negligent or intentional failure or refusal to comply with any final or emergency order of the Director. 3. If, for any reason, the permittee does not comply with, or will be unable to comply with any condition specified in this permit, the permittee shall provide EPD with an oral report within 24 hours from the time the permittee becomes aware of the circumstances, followed by a written report within five (5) days. The written submission shall contain: a. A description of the noncompliance and its cause; b. The exact dates and times of noncompliance or, if not corrected, the anticipated time the noncompliance is expected to continue; and C. The steps being taken to reduce, eliminate and prevent recurrence of the noncompliance. 4. The permittee shall give written notice to EPD at least ten (10) days before any planned changes in the permitted activity, which may result in noncompliance with permit requirements. B. Need to Halt or Reduce Activity not a Defense It shall not be a defense for the permittee, 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. C. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of the permit, the permittee must apply for and obtain a new permit. STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION D. Duty to Mitigate Page 13 of 19 Permit No. GAS000200 The permittee 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. Proper Operation and Maintenance The permittee shall at all times maintain and operate as efficiently as possible all facilities and systems of treatment and control, owned or operated by the permittee to achieve compliance with the terms and conditions of this permit and with the requirements of the Storm Water Management Program. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of adequate backup or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit. F. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for permit modification, termination, revocation and reissuance, or a notification of planned changes or anticipated noncompliance does not negate any permit condition. G. Property Rights The issuance of this permit does not convey any property rights of either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property, any invasion of personal rights, or any infringement of Federal, State, or local laws and regulations. H. Duty to Provide Information The permittee shall provide any information that EPD may request to determine compliance with this permit. The permittee shall also provide EPD with any requested copies of records required by this permit. I. Inspection and Entry The permittee shall allow the Director, the Regional Administrator of USEPA, and their authorized representatives, agents, or employees, after presentation of credentials to: STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Page 14 of 19 Permit No. GAS000200 1. Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records are kept under the terms and conditions of this permit; 2. Have access to and to copy any records required under the terms and conditions of this permit; 3. Inspect any facilities, equipment, practices, or operations regulated or required under this permit; and 4. Sample or monitor any substance or parameter at any location. J. Signatory Requirements 1. All information submitted to EPD or that this permit requires the permittee to maintain shall be signed by either a principal executive officer or ranking elected official, 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 the official and submitted to EPD. b. The authorization specifies either an individual or a position having responsibility for the overall operation of the municipality's Storm Water Management Program such as the position of manager, operator, superintendent, or position of equivalent responsibility. C. If an authorization is no longer accurate because of a different individual or position having been authorized, then a new authorization must be submitted to EPD prior to or together with any report, information, or application signed by the authorized representative. 2. Any person signing documents under this section 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 gather and evaluate 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 STATE OF GEORGIA Page 15 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." K. Other Information If the permittee becomes aware of a failure to submit any relevant facts or of submission of incorrect information in any report to EPD, the permittee shall promptly submit the relevant facts or information. L. Availability of Reports Except for data determined by EPD to be confidential under Section 16 of the State Act or by the Regional Administrator of the USEPA under the Code of Federal Regulations, Title 40, Part 2, all reports prepared according to the terms of this permit shall be available for public inspection at an office of EPD under the Georgia Open Records Act. All monitoring data, permit applications, permittees' names and addresses, and permits shall not be considered confidential. M. Severability The provisions of this permit are severable. If any permit provision or the application of any permit provision to any circumstance is held invalid, the provision does not affect other circumstances or the remainder of this permit. N. Contested Hearings Any person who is aggrieved or adversely affected by any action of the Director shall petition the Director for a hearing within thirty (30) days of notice of this action. O. Civil and Criminal Liability The permittee is liable for civil and criminal penalties for noncompliance with this permit and must comply with applicable State and Federal laws. The permit cannot be interpreted to relieve the permittee of this liability even if it has not been modified to incorporate new requirements. P. Transfer of Ownership This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Q. Previous Permits Page 16 of 19 Permit No. GAS000200 All previous State water quality permits issued to this MS4, are hereby revoked by the issuance of this permit. The permit governs discharges from this MS4 under the National Pollutant Discharge Elimination System. STATE OF GEORGIA Page 17 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION Appendix A Storm Water Management Program (SWMP) and Annual Report The following information should be used in preparing and implementing the permittee's Storm Water Management Program. The specific requirements can be found in the Federal Regulations, 40 CFR Part 122. In addition, in accordance with Part III.0 of the NPDES Permit, a detailed description of the activities related to each requirement must be reported in the annual report form provided by EPD. A. Structural and Source Control Measures (40 CFR Part 122.26(d)(2)(iv)(A)) 1. A description of structural control maintenance activities and a maintenance schedule (40 CFR Part 122.26 (d)(2)(iv)(A)(1) 2. A description of planning procedures (40 CFR Part 122.26(d)(2)(iv)(A)(2)) 3. A description of practices for operating and maintaining streets (40 CFR Part 122.26 (d)(2)(iv)(A)(3)) 4. A description of a program to assure that flood management projects assess the impacts on water quality of receiving waters and that existing devices have been evaluated for potential retrofitting (40 CFR Part 122.26(d)(2)(iv)(A)(4)) 5. A description of a program to monitor runoff from municipal waste facilities (40 CFR Part 122.26(d)(2)(iv)(A)(5)) 6. A description of a program to reduce pollutants associated with the application of pesticides, fertilizers, and herbicides (40 CFR Part 122.26(d)(2)(iv)(A)(6)) B. A description of a program to detect and remove illicit discharges (40 CFR Part 122.26(d)(2)(iv)(B)) A description of a program, including inspections, to implement and enforce an ordinance to prevent illicit discharges; 2. A description of procedures to conduct on -going field screening activities; 3. A description of procedures to investigate portions of the MS4 that indicate a reasonable potential for containing illicit discharges; 4. A description of procedures to prevent, contain, and respond to spills; STATE OF GEORGIA Page 18 of 19 DEPARTMENT OF NATURAL RESOURCES Permit No. GAS000200 ENVIRONMENTAL PROTECTION DIVISION 5. A description of activities to facilitate that proper management and disposal of used oil and toxic materials; and 6. A description of controls to limit infiltration of seepage from sanitary sewers to the MS4. C. A description of a program to monitor and control pollutants from municipal landfills, hazardous waste treatment, disposal and recovery facilities, and industrial facilities that the MS4 determines are contributing pollutant loading to the storm sewer system (40 CFR Part 122.26(d)(2)(iv)(C)) 1. Identify priorities and procedures for inspections; and 2. A monitoring program for storm water discharges associated with industrial facilities. D. A description of a program to maintain best management practices to reduce pollutants in storm water runoff from construction sites (40 CFR Part 122.26(d)(2)(iv)(D)) 1. A description of procedures for site planning; 2. A description of requirements for nonstructural and structural best management practices; 3. A description of procedures for identifying priorities for inspecting sites and enforcing control measures; and 4. A description of educational and training measures for construction site operators. E. An estimated assessment of controls including estimated reductions in pollutant loadings (40 CFR Part 122.26(d)(2)(v) F. A fiscal analysis of the necessary capital and operation and maintenance expenditures necessary to accomplish the activities of the programs. In addition to the requirements of 40 CFR Part 122, the SWMP and annual report must address the following additional requirements: A. Activities to address any receiving waters with finalized Total Maximum Daily Loads (TMDL): STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Page 19 of 19 Permit No. GAS000200 1. Provide a list of receiving waters within the MS4 jurisdiction that have TMDLs completed (see 305(b)/303(d) list of waters); 2. Identify all outfalls discharging to these impaired stream segments; 3. Develop a monitoring program for pollutants of concern; and 4. Develop best management practices to address sources of the pollutant(s) of concern and assess the effectiveness of the practices annually. B. Activities to address Highly Visible Pollutant Sources (HVPS): 1. Develop an inventory of highly visible pollutant sources; 2. Describe your program for inspecting the HVPS facilities; and 3. Describe your program to address any problems noted during inspection of these facilities. C. Describe your storm water education program and explain whether it is conducted through participation in a regional program or tailored to your municipality. Your program should, in part, encourage public involvement by your citizens in the storm water management program. D. Any other reasonable requirements which EPD determines are necessary to result in full implementation of a storm water management program, including: 1. Development of a green infrastructure program, which includes the evaluation of local ordinances to ensure they do not prohibit or impede low impact development and the implementation of green infrastructure practices where feasible; 2. Adoption and use of a design manual, whether it is the Georgia Stormwater Management Manual or a local manual; 3. Implementation of a proactive, routine inspection program for the MS4 and relevant facilities (e.g. municipal, industrial, highly visible pollutant sources, etc.); and 4. Annual reporting of any storm water management program activities resulting in water quality improvements, such as the elimination of illicit discharges, elimination of sanitary sewer overflows, elimination of leaking septic systems, BMP retrofits, streambank stabilization, etc.