DWQ-2024-005919

FACTSHEETSTATEMENTOFBASIS
JORDAN VALLEY MUNICIPALITIES STORM WATER PERMITUPDESPERMITNUMBERUTS000001
PERMITMODIFICATION
1.0.Introduction
The Federal Clean Water Act requires that storm water discharges from certain types of facilitiesbe authorized under stormwater discharge Permits. (See 40 CFR 122.26.) The goal of the
stormwaterPermitsprogramistoreducetheamountofpollutantsenteringstreams,lakesandriversasa result of runoff from residential, commercial and industrial areas. The original 1990 regulation(Phase
I) covered municipal (i.e., publicly-owned) storm sewer systems for municipalities over100,000 population. The regulation was expanded in 1999 to include smaller municipalities aswell.
This expansion of the program to include small MS4s is referred to as Phase II.
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 (MEP) and meet water quality standards through the development and implementation of a StormWaterManagementProgram(SWMP).
This Permitservesasamodificationandreplacementoftheprevious JordanValleyMunicipalitiesPermitUTS000001, issued August 16, 2023. According to EPA guidance, each Co-Permittee’s original
designation of Small or Medium-sizedMS4 will remain the same for the renewed Permit and associated permit cycle regardless of anyincrease or decrease in population.This Permit covers
new or existing discharges composedentirelyofstormwaterfrombothPhase IandPhaseIICo-Permitteeswithin SaltLake County.
2.0.Background
Both Phase I and Phase II Co-Permittees are required to develop and implement a SWMP whichincludes of a variety of Best Management Practices (BMPs) to reduce the discharge of pollutantsfrom
the MS4. MEP is the standard that establishes the level of pollutant reductions that operatorsof regulated MS4s must achieve through implementation of BMPs included in their SWMPs.There
are no numeric effluent limitations included in this Permit.SWMP requirements are thecontrols used in place of numeric limits to achieve a reduction of pollutants in the stormwaterdischarge
from small MS4s.A SWMP is comprised of six minimum control measures whichinclude:PublicEducationandOutreachPublicInvolvement/ParticipationIllicitDischargeDetectionandEliminationConstructionSiteStormWaterRunoffControlLong-TermStormWaterManagementinNewDevelopmentandRedevelopment(Post-ConstructionStormWaterManagement)PollutionPreventionandGoodHousekeepingforMunicipalOperations
The Co-Permittees must develop a SWMP that meets the requirements of the six minimummeasures and protects state waters from pollution, contamination, and/or degradation. The Permitallows
the MS4 flexibility to determine appropriate BMPs to satisfy each of the six minimumcontrol measures. The BMPs employed to reduce pollutants to the MEP may be different for eachsmall
MS4 given the unique local concerns that may exist and the different possible pollutantcontrol strategies.The Division may evaluate the Co-Permittees’ proposed stormwater BMPs todetermine
if they meet the requirements of this Permit and if an improvement to the MEP can beachieved.Evaluation of the effectiveness of a SWMP and application of the MEP standardshould be an
iterative process.The standard of MEP and the necessary modifications to theSWMPshouldcontinuallyadapttocurrentconditionsandBMPeffectiveness.TheCo-Permittees must continually assess
the effectiveness of the current BMPs and expand or bettertailortheBMPstocomplywiththisPermitandprotectwaterquality,andtosatisfytheappropriatewaterqualityrequirements oftheUtah Water
QualityAct.
3.0. Notable Changes Made Since the Last Permit Renewal
The last permit renewal was issued on February 26, 2020.In the last Permit Modification (effective August 16, 2023) significant changes were made in regard to the Special 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 (February 26, 2020) 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 (February 26, 2020) 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 authority and inspections per permit part 4.2.4.
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.
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.
4.0.PermitDuration
As stated in UAC R317-8-5.1(1), UPDES permits shall be effective for a fixed term not to exceedfive (5) years.Therefore, this modified Permit will be set to expire on February 25, 2025,
five years aftertheeffective date ofreissuance.
5.0 Drafted By
Kelsee York, MS4 Coordinator
Jeanne Riley, General Permitting Section Manager
6.0.Remand Rule
The State of Utah, Depart of Environmental Quality, Division of Water Quality has established the terms and 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 Jordan Valley Municipalities Storm Water GeneralPermit.
7.0 Public Notice
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.
8.0 Addendum to FSSOB
9.0 Responsiveness Summary