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