DWQ-2024-005917

FACTSHEETSTATEMENTOFBASIS
GENERALPERMITFORDISCHARGESFROMSMALLMUNICIPALSEPARATESTORMSEWERSYSTEMS
UPDES PERMIT NUMBER UTR090000GENERALPERMITMODIFICATION
BACKGROUND
The Federal Clean Water Act requires that stormwater discharges from certain types of facilities beauthorized under stormwater discharge permits. (See 40 CFR 122.26.) The goal of the
stormwaterpermits program is to reduce the amount of pollutants entering streams, lakes and rivers as a result ofrunoff from residential, commercial and industrial areas. The original
1990 regulation (Phase I) coveredmunicipal (i.e., publicly-owned) storm sewer systems for municipalities over 100,000 population. Theregulation was expanded in 1999 to include smaller
municipalities.This expansion of the program toinclude SmallMunicipalSeparateStormSewerSystems(MS4)is referred to as Phase II.This Permit covers new or existing discharges composedentirelyofstormwaterfromPhaseII,orSmallMS4Permitteesstatewide.
The State of Utah was granted primacy in the National Pollutant Discharge Elimination System (NPDES)program by USEPA in 1987. In Utah, stormwater discharge permits are issued by the
“Director”. Utah’sprogramisknownastheUtahPollutantDischargeEliminationSystem(UPDES)Program.Therequirements of this Permit are intended to reduce the discharge of pollutants to the maximum
extentpracticable and meet water quality standards through the development and implementation of a StormWaterManagementProgram(SWMP).
This Permit serves as a modificationand replacement of the previous General Permit for Discharges fromSmallMunicipalSeparateStormSewers(MS4s),UTR090000,issuedAugust 16, 2023.This Permit
is intended to cover new or existing discharges composedentirely of stormwater from MS4s required by the State to obtain a Permit, of which there are 77 at thetimeofthisPermitRenewal.
PERMITREQUIREMENTSYNOPSIS
AllPermitteesmustdevelop,implement,andenforceaStormWaterManagementPlan(SWMP)designed to reduce the discharge of pollutants to the maximum extent practicable from the MS4, protectthe
water quality, and satisfy the appropriate water quality requirements of the Utah Water Quality Act.The SWMP must include six (6) minimum control measures.Permittees covered under the
previousGeneral Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer System areexpected to have fully implemented the six (6) minimum control measures (MCM) included
in theprevious permit. Permittees that were newly designated during the previous permit term or will be newlydesignated during this permit term, have five (5) years from the date of
their submitted Notice of Intent(NOI) to fully implement and enforce their SWMP. The six (6) MCM are listed below, with a brief, butnot all-encompassingsynopsisprovided.
PublicEducationandOutreachon StormWater Impacts
ThepubliceducationandoutreachMCMrequires Permitteestoimplementapubliceducationandoutreach program to promote behavior change by the public to reduce impacts associated with pollutantsin
stormwater runoff and illicit discharges. The program must target a variety of audiences, including:residents; institutions, industrial, and commercial facilities; developers and contractors
(construction); andMS4 owned or operated facilities. The training should touch on topics including, but not limited to, theprevention ofillicitdischargesand improperwaste disposal.Allprovided
educationmustbewelldocumentedand availableto the Director uponrequest.
PublicInvolvement/Participation
The public involvement/participation for MCM requires Permittees to implement a program that complieswith applicable state and local public notice requirements.Renewal Permittees must
allow for publicinput on the SWMP document and make it publicly available for review 180 days from the effectivedate of this permit and a current version shall be made available for
public review for the life of thispermit. New Applicants shall make the SWMP document available to the public for review and inputwithin 180 days of receiving notification from the Director
of the requirement for permit coverage. TheSWMPshallinclude ongoingopportunities forpublicinvolvementand participation.
IllicitDischargeDetectionandelimination(IDDE)
The IDDE MCM requires Permittees to implement and enforce an IDDE program to systematically findand eliminate sources of non-stormwater discharges from the MS4 and implement procedures
to preventillicit connections and discharges.The Permittee must have a program that consists of a variety ofdocuments,whichmayincludeordinances(orotherregulatorymechanism),SOPs,plans,and/orprocedures
that target the prohibition, identification, prevention, and remediation of illicit discharges andimproperdisposalofwaste.Permitteesmusthaveadequatelegalauthoritytodetect,investigate,eliminate,and
enforce againstnon-stormwater discharges.
ConstructionSiteStormWater RunoffControl
The construction site stormwater runoff control MCM requires Permittees to implement and enforce aprogramtoreducepollutantsinstormwaterrunofftotheMS4fromconstructionsiteswithlanddisturbance
greater than, or equal to one acre, including projects less than one acre that are part of a largercommon plan of development or sale which collectively disturbs land greater than, or
equal to one acre.The Permittee musthave a regulatory mechanism in place thatrequires operators to prepare a StormWater Pollution Prevention Plan (SWPPP) and apply any sediment and erosion
control Best ManagementPractices (BMPs), as necessary to protect water quality. The Permittee must have a written enforcementstrategy that includes appropriate escalating enforcement
procedures and an appeals process. The MCMalsolists specific inspection and projectreviewrequirements.
Long-Term Storm Water ManagementinNewDevelopmentandRedevelopment(Post-ConstructionStormWaterManagement)
Thepost-constructionstormwatermanagementMCMrequiresthePermitteetoimplementandenforceaprogramtoaddresspost-constructionstormwaterrunofftotheMS4fromprivateandpublicnew
development and redevelopment construction sites. The Permittee must require the retention of the 80thpercent rainfall event or the achievement of pre-development hydrologic conditions
for new development.The program must include a process which requires the evaluation of a Low Impact Development (LID)approach.
PollutionPreventionandGoodHousekeepingforMunicipal Operations
ThepollutionpreventionandgoodhousekeepingMCMrequiresallPermitteestoimplementaprogramforPermittee-ownedoroperatedfacilitates,operations,andstructuralstormwatercontrols.Allcomponents of
the program must be included in the SWMP document and identify the departmentresponsible for performing any activates required by this MCM. Permittees are required to maintain aninventory
of “highpriority”facilitiesthatareowned oroperatedby thePermitteeand any associatedstormwater controls. The program must include training, inspection procedures and frequencies, andSOPsdesigned
toprotect water quality at eachof thefacilities owned or operatedby thePermittee,amongotheritems.
NOTABLECHANGESMADESINCE THE LAST PERMIT RENEWAL
The last permit renewal was issued on May 12, 2021.In the last Permit Modification (effective August 16, 2023) significant changes were made inregard to theSpecial Conditions section.This
section was updated to include requirements of MS4s under the Jordan River Watershed Wide Escherichia coli (E. coli) TMDL.
Since the most recent Permit Renewal (May 12, 2021) and Modification (August 16, 2023), some spelling edits, changes to grammar, minor language changes, sentencing restructuring, and
formatting have been completed. URL links were updated in instances where the links had broken.
These changes were made to improve readability and clarify the requirements of this permit. These changes are not explicitly mentioned below unless it updates/adds requirements, has
the potential to impact how a Permittee may implement their program, or were considered a significant restructure or rewording, but did not change the overall permit requirement. The
notable changes are identified below and are broken down by Permit Part.
The significant changes made since the most recent Permit Renewal (May 12, 2021) and Modification (August 16, 2023) are as follows. These were made as a result of legislation (Utah Administrative
Code (UAC) 19-5-108.3) which impacted procedures for MS4 Oversight inspections per permit part 4.2.4. Notice of Intent (NOI) and annual report submittal requirements were also updated
to reflect the implementation of EPA’s NPDES eReporting Tool (NeT) for MS4 permittees.

2.0Notice of Intent and Storm Water Management Program Requirements
Permit Part 2.1.was updated to require Notice of Intent (NOI) submittal requirements in EPA’s NPDES eReporting Tool (NeT)
Permit Part 2.1.2.was updated to require Notice of Intent (NOI) submittal requirements in EPA’s NPDES eReporting Tool (NeT)
Basisfor PermitModification
DWQ has starting utilizing EPA’s NPDES eReporting Tool (NeT), which requires the submittal of
NOIs and annual reports electronically. This change allows for greater efficiency in administrative processing and faster turnaround time for MS4s seeking to obtain Permit coverage compared
to the submittal of paper NOIs. This change was implemented to ensure Utah’s compliance with the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule published
on October 22, 2015. Specifically, the rule requires regulated entities to report information electronically, instead of filing written paper reports.
4.0 Storm Water Management Program
4.2 Minimum Control Measures
4.2.4.Construction Site Storm Water Runoff Control
Permit Part 4.2.4.4.4. was updated to reflect requirements of UAC 19-5-108.3. Namely, it was updated to require an electronic site inspections tool to conduct MS4 oversight inspections
unless sufficient information was not provided by operator.
Basisfor PermitModification
This permit modification updates the permit to reflect the conflicting requirements UAC 19-5-108.3.enacted by Chapter 502, 2024 General Session.The previous permit allowed for electronic
inspection documentation for up to on half of the MS4’s oversight inspections. This was changed to require the use of an electronic inspection tool to conduct MS4 oversight inspections
unless sufficient information was not provided by operator per UAC 19-5-108.3.
5.0 Narrative Standard, Monitoring, Recordkeeping and Reporting
4.2 Reporting
Permit Part 5.5.2.was updated to require annual report submittal requirements in EPA’s NPDES eReporting Tool (NeT).
Permit Part 5.5.4.was updated to require annual report submittal requirements in EPA’s NPDES eReporting Tool (NeT).
Basisfor PermitModification
DWQ has starting utilizing EPA’s NPDES eReporting Tool (NeT), which requires the submittal of
NOIs and annual reports electronically. This change allows for greater efficiency in administrative processingand faster turnaround time for MS4s seeking to obtain Permit coverage compared
to the submittal ofpaper NOIs. This change was implemented to ensure Utah’s compliance with the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule published
on October 22, 2015. Specifically, the rule requires regulated entities to report information electronically, instead of filing written paper reports.
6.0 Standard Permit Conditions
6.15.State/Federal Laws
Permit Part 6.15.was updated to broaden UAC 19-5-117 rule citation to UAC 19-5. Thiswas updated to reflect requirements of UAC 19-5-108.3.
Basisfor PermitModification
This permit modification updates the permit to reflect the conflicting requirements UAC 19-5-108.3.enacted by Chapter 502, 2024 General Session.The previous permit allowed for electronic
inspection documentation for up to on half of the MS4’s oversight inspections. The UAC 19-5-117 citation was broadened to include required adherence to conditions of all of UAC 19-5
which included UAC 19-5-108.3.
PERMITDURATION
AsstatedinUACR317-8-5.1(1),UPDESpermitsshallbeeffectiveforafixedterm,nottoexceedfive (5)years.Therefore, this modified Permit will be set to expire on May 11th, 2026., five years aftertheeffective
date ofreissuance.
DRAFTED BY
Kelsee York, MS4 Coordinator
Jeanne Riley, General Permitting Section Manager
REMANDRULE
The State of Utah, Depart of Environmental Quality, Division of Water Quality has established the termsand conditions to meet the requirements of 40 CFR 122.34 using the Comprehensive
(Traditional)approach, where all required permit terms and conditions are established in the Small MS4 GeneralPermit.
PUBLICNOTICE
Began:DATE
Ended:DATECommentswill bereceivedat:195 North 1950West
POBox144870
Salt LakeCity,UT84114-4870
ThePublicNoticeofthedraft permitwaspublishedontheDepartment Website.
During the public comment period provided under R317-8-6.5, any interested person may submit writtencomments on the draft permit and may request a public hearing, if no hearing has already
been scheduled.A request for a public hearing shall be in writing and shall state the nature of the issues proposed to beraised in the hearing. All comments will be considered in making
the final decision and shall be answeredasprovided in R317-8-6.12.
ADDENDUMTOFSSOB
RESPONSIVENESSSUMMARY