DWQ-2024-005923

FACT SHEET STATEMENT OF BASISUTAHDEPARTMENTOFTRANSPORTATION
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)UPDESPERMITNUMBERUTS000003
PHASE1PERMITMODIFICATION
BACKGROUND
The Federal Clean Water Act requires that stormwater 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.Thisexpansion
of the program to include small MS4s is referred to as Phase II.Phase II rule also included non-traditional MS4s such as public universities, departments of transportation, hospitals
and prisons.This Permit coversnew or existing discharges composed entirely of stormwater statewide. The Utah Department ofTransportation (UDOT) was original designated as a co-permittee
within the Phase I area of Salt Lake County. In 2002, UDOT was separated into its own individual statewide MS4 permit. UDOT is divided into four geographical areas called regions;abriefdescription
ofeachregionis below:
Region 1: Covers the northern part of the state from North Salt Lake northward, includingthefollowing counties:Davis, Weber, Morgan, Box Elder, Cacheand Rich.RegionOne headquartersislocatedin
Ogden.
Region 2:Includes densely populated urban areas along the Wasatch Front, and sparselypopulatedruralanddesertlands,includingSaltLakeCounty,SummitCountyandTooeleCounty.RegiontwoheadquartersislocatedinSaltLakeCity.
Region 3: Includes Utah, Juab, Wasatch, Duchesne, Uintah and Daggett Counties. Regionthreeheadquarters islocated in Orem.
Region 4: Includes Millard, Beaver, Iron Washington, Carbon, Emery, Grand, San Juan,Sanpete,Sevier,Wayne,Piute,GarfieldandKanecounties.Regionfourheadquartersis locatedin Richfield
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. The requirements of this Permit are intended to reduce the discharge ofpollutantstothemaximum extentpracticableandmeetwaterqualitystandardsthroughthedevelopment andimplementationofaStormWaterManagement
Program(SWMP).
This Permit serves as a modification and replacement of the previous UDOT Municipal Separate Storm Sewer (MS4) Permit, UTS000003, issued August 16, 2023. This Permit is intended to cover
new or existing discharges composed entirely of stormwater from the UDOT MS4, which is required by the State to obtain permit coverage.
PERMITREQUIREMENTSYNOPSIS
ThePermitteemustdevelop,implement,andenforceaStorm WaterManagementProgram(SWMP) designed to reduce the discharge of pollutants to the maximum extent practicable fromthe MS4, protect
the water quality, and satisfy the appropriate water quality requirements of theUtah Water Quality Act.The SWMP must include six (6) minimum control measures. UDOT isexpected to have
fully implemented the six (6)minimum control measures (MCM) included inthe previous permit. The six (6) MCM are listed below, with a brief, but not all-encompassingsynopsisprovided:
PublicEducationandOutreachon StormWater Impacts
The public education and outreach MCM requires the Permittee to implement a public educationand outreach program to promotebehavior changeby thepublic to reduce impactsassociatedwith
pollutants in stormwater runoff and illicit discharges. The program must target a variety ofaudiences,including:(1)residents;(2)institutions,industrial,andcommercialfacilities;(3)developers
and contractors (construction); and (4) UDOT employees and contracted staff. Thetraining should touch on topics including, but not limited to, the prevention of illicit dischargesand
improper waste disposal.All provided education is required to be well documented andavailabletothe Directorupon request.
PublicInvolvement/Participation
The public involvement/participation MCM requires the Permittee to implement a program thatcomplies with applicable state and local public notice requirements. The Permittee must allow
forpublic input on the SWMP document and make it publicly available for review 180 days fromtheeffectivedateofthispermitandacurrentversionshallbemadeavailableforpublicreviewfor the life
of this permit. The SWMP shall include ongoing opportunities for public involvementandparticipation.
IllicitDischargeDetectionandelimination(IDDE)
TheIDDEMCMrequiresthePermitteetoimplementandenforceanIDDEprogramtosystematically find and eliminate sourcesofnon-stormwater discharges from theMS4 andimplement procedures to prevent
illicit connections and discharges.The Permittee must have aprogramthatconsistsofavarietyofdocuments,whichmayinclude,ordinances(orotherregulatory mechanism), SOPs, plans, and/or procedures
that target the prohibition, identification,prevention, and remediation of illicit discharges and improper disposal of waste.The Permitteemusthaveadequatelegalauthoritytodetect,investigate,eliminate,andenforceagainstnon-stormwaterdischarges.
ConstructionSiteStormWater RunoffControl
The construction site stormwater runoff control MCM requires the Permittee to implement andenforce a program to reduce pollutants in stormwater runoff to the MS4 from construction siteswith
land disturbance greater than, or equal to one acre and for those projects that qualify forUDOT’s MS4 Compliance Plan. The Permittee must have a regulatory mechanism in place thatrequires
operators to prepare a Storm Water Pollution Prevention Plan (SWPPP) and apply anysedimentanderosioncontrolBestManagementPractices(BMPs),asnecessarytoprotectwater
quality.ThePermitteemusthaveawrittenenforcementstrategythatincludesappropriateescalatingenforcementproceduresandanappealsprocess.TheMCMalsolistsspecificinspectionand projectreviewrequirements.
Long-TermStormWaterManagementinNewDevelopmentandRedevelopment(Post-ConstructionStormWaterManagement)
The post-construction stormwater management MCM requires the Permittee to implement andenforce a program to address post-construction stormwater runoff to the MS4 from private andpublic
new development and redevelopment construction sites. The Permittee must require theretention of an 80th percent rainfall event or the achievement of pre-development hydrologicconditionsfornewdevelopment.Theprogrammustincludeaprocesswhichrequirestheevaluationofa
LowImpact Development(LID)approach.
PollutionPreventionandGoodHousekeepingforUDOT FacilitiesandOperations
The pollution prevention and good housekeeping MCM requires the Permittee to implement aprogramforPermittee-ownedoroperatedfacilities,operations,andstructuralstormwatercontrols. All
components of the program must be included in the SWMP document and identifythe party responsible for performing any activities required by this MCM. The Permittee isrequired to maintain
an inventory of “high priority” facilities that are owned or operated by thePermittee and any associated stormwater controls. The program must include training, inspectionprocedures
and frequencies, and SOPs designed to protect water quality at each of the facilitiesownedoroperated bythe Permittee, amongotheritems.
NOTABLE CHANGES MADE SINCE THE LAST PERMIT RENEWAL
The last permit renewal was issued on August 31, 2021.In the last Permit Modification (effective August 16, 2023) significant changes were made inregard 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 (August 31, 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 (August 31, 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 MS4 Oversight authority per permit part 4.2.4. Changes were also made to the definitions of a “qualified person” to conduct MS4 Oversight
after DWQ review of UDOT’s updated training.
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. was updated to remove reference or requirements for a MS4 Compliance Plan. This requirement is more stringent than the Construction General Permit (CGP) requirements.
Permit Part 4.2.4.1. was updated to remove reference or requirements for a MS4 Compliance Plan. This requirement is more stringent than the Construction General Permit (CGP) requirements.
Permit Part 4.2.4.4.1. was updated to add the UDOT Environmental Control Supervisor (ECS) training as a training that met requirements of a “qualified person” to conduct MS4 oversight
inspections. This was recently updated by UDOT and reviewed by DWQ.
Permit Part 4.2.4.4.4. was added to reflect requirements of UAC 19-5-108.3. Namely, it was added to require an electronic site inspections tool to conduct MS4 oversight inspections unless
sufficient information was not provided by operator.
Permit Part 4.2.4.4.5. was changed from permit part 4.2.4.4.4. to 4.2.4.4.5. to add requirements of UAC 19-5-108.3.Namely, permit part 4.2.4.4.4. was added to require an electronic site
inspections tool to conduct MS4 oversight inspections unless sufficient information was not provided by operator.
Permit Part 4.2.4.6. was updated to remove reference or requirements for a MS4 Compliance Plan. This requirement is more stringent than the Construction General Permit (CGP) requirements.
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 did not includea requirement
for electronic inspection documentation MS4’s oversight inspections. This was added 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. Any reference to the MS4 Compliance Plan (for sites that disturbed less than an acre, but not part of a common plan of development)
was removed as it was more stringent than CGP requirements.
UDOT’s ECS training was added back into the permit as a training that met requirements of a “qualified person” to conduct MS4 oversight inspections. This was recently updated by UDOT
and reviewed by DWQ.
6.0 Standard Permit Conditions
6.16. State/Federal Laws
Permit Part 6.16.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 did not include a
requirement for electronic inspection documentation MS4’s oversight inspections. This was added 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.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.
7.0 Definitions
7.26. “MS4 Compliance Plan”
Permit part 7.26.was updated to remove reference or requirements for a MS4 Compliance Plan. This requirement is more stringent than the Construction General Permit (CGP) requirements.
Permit parts 7.26.-7.47. were updated because of the removal of “MS4 Compliance Plan” as a definition. Each permit citation moved forward one number. Permit part 7.26. was updated to
remove reference or requirements for a MS4 Compliance Plan. This requirement is more stringent than the Construction General Permit (CGP) requirements.
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 did not include a
requirement for electronic inspection documentation MS4’s oversight inspections. This was added 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. Any reference to the MS4 Compliance Plan (for sites that disturbed less than an acre, but not part of a
common plan of development) was removed as it was more stringent than CGP requirements.
PERMITDURATION
AsstatedinUACR317-8-5.1(1),UPDESpermitsshallbeeffectiveforafixedterm,nottoexceedfive (5)years.Therefore, this modified Permit will be set to expire on August 30th 2026, five years after
the effective date of reissuance.
DRAFTED BY
Kelsee York, MS4 Coordinator
Jeanne Riley, General Permitting Section Manager
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