Industrial Stormwater News: September 2011

Minnesota Pollution Control Agency sent this bulletin at 09/06/2011 01:29 PM CDT

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Welcome to the Industrial Stormwater Program September 2011 Newsletter!

In this Issue:

Enforcement-Related Updates
Tools: "How to Collect a Sample" Youtube Videos, Permittee/No Exposure Certifier Compliance Checklist
Sand, Gravel, Concrete Permit Update
U of M Sampling Workshop

Enforcement-Related Updates:

Improper Wastewater Discharge

On June 14, 2010 the MPCA received a complaint from the city of Mankato about a carpet cleaning company that had been allegedly dumping used wastewater into their stormwater conveyance system. The city and the MPCA followed up and eventually caught the dumper while off-loading their waste. After coordinating with MPCA enforcement staff, Mankato’s City Attorney determined they would charge the regulated party (under Minn. Stat. § 609.671 Environment; Criminal Penalties. subd. 8. Water pollution, a Gross Misdemeanor). This case is currently pending jury trial in September 2011. What should they have done with this waste? The facility should have discharge the wastewater into a sanitary sewer or had it trucked to the wastewater treatment plant.

Industrial stormwater enforcement notes

Every September, the MPCA compliance leadership reviews its compliance and enforcement strategies and looks at improving or changing them, in conjunction with EPA. This year’s review is now underway.

Part of this review includes several agency programs: stormwater (construction, municipal, industrial), and the feedlots program. As in many past years, the industrial stormwater program has used a large array of methods to evaluate compliance at facilities; some in the field, some in the office and some that are unique opportunities. These can include aerial inspections, using partner programs such as county and watershed staff, MPCA inspection staff (multimedia inspections) in solid and hazardous waste, wastewater, air program and all three legs of the stormwater program. This next year looks to be much of the same for compliance review efforts. Some efforts will be refined for better utilization of field and partner staff and some expanded to cover more areas of concern.

We will concentrate on getting un-permitted facilities under permit coverage and protecting Minnesota water resources when we find environmental impacts. A full range of enforcement responses have been, and will continue to be, used for non-complying sites, ranging from, warning or notice letters to facilities requiring them to make changes or corrections to compliance orders (some include monetary penalties; others may include forgivable penalties when corrections are completed).

We always stress to facility owners/operators/staff that learning as much as they can about the industrial stormwater permit, and its monitoring, reporting and inspecting requirements, will help keep their facilities compliant and most importantly, protective of Minnesota waters. The industrial stormwater program staff makes this easy with partners (including the University of Minnesota erosion and stormwater management program) and a robust MPCA industrial stormwater website which contains links to training videos about where and how to monitor (sample), numerous fact sheets, guidance manuals (everything from applications to SWPPPs), and compliance calendars. These tools help to keep it simple, cost effective and focused on the goal to keep the stormwater flowing into our rivers and lakes clean from industrial facility discharges.

~Ken Moon, Supervisor of the Water Quality Compliance and Enforcement Unit

Sheet flow and grab sample videos available online

Unsure how to actually collect a stormwater sample? Do you have a lot of paved surfaces that your industrial stormwater flows over? Watch the newly created “how to take a sample” Youtube videos to answer these and other sampling questions!

“How to Collect a Sheet Flow” Video: http://youtu.be/AmEJUNp44aU

“How to Collect a Grab Sample” Video: http://youtu.be/oWKdonc9iDw

Fact sheet companion documents are currently being created, helpful to take with you when you’re out in the field collecting your sample. These documents should be available in September online.

A previous Youtube video, “How to Identify and Confirm Benchmark Monitoring Locations”, has received nearly 600 views. Are your monitoring locations in the right location? Watch the video to find out! If you need to modify your monitoring location, fill out the “Administrative Change Form” to update the MPCA of this change.

Industrial Stormwater/No Exposure Inspection Checklist

The Industrial Stormwater Program has recently completed an Inspection Checklist to be used by both MPCA Inspectors, and as a self audit tool for facilities and consultants. The checklist has sections that address Permit Coverage, SWPPP’s, BMPs, Monitoring, Environmental Impact and No Exposure Exclusion requirements. It also references state rules and potential violations in these areas. This will help MPCA staff by providing a tool to assess complaints and do routine inspections. It will also help facilities, to see the requirements of the permit and what they are responsible for, in advance of an actual audit. The entire Permittee/No Exposure Inspection Checklist is available Industrial Stormwater Website.

Sand, Gravel, and Concrete Permit Update

Construction Sand and Gravel Permit to expire in September; proposed changes offered

MPCA staff are drafting a proposed General Permit for Construction Sand and Gravel, Aggregate and Hot Mix Asphalt Facilities prior to the current permit’s September 2011 expiration. They have been working with industry representatives to make the new permit more protective of the environment and meets the needs of the industry.

Among the proposed changes would be the permit’s inclusion of concrete block and brick (SIC Code 3271), concrete products other than block and brick (SIC Code 3272) and ready-mix concrete (SIC Code 3273).

The new permit would also include the following activities:

Stormwater discharges to surface waters of the state that are free from process wastewater (see non-stormwater discharges addressed below).
Non-stormwater discharges to surface waters of the state from de-watering of mine or quarry areas at construction sand and gravel and industrial sand mining areas.
Non-stormwater discharges that do not discharge to a surface water of the state. To be covered under the permit, discharges must be collected, contained and/or infiltrate to the ground and Best Management Practices must be implemented to prevent groundwater contamination. The non-process discharges consist of wash water from sand and gravel facilities, uncontaminated scale deck wash water and stormwater, wash water from cleaning of mobile equipment that does not contain detergents and solvents, and other activities specifically listed in the draft permit.
Overflows to surface waters of the state, consisting of stormwater co-mingled with authorized mine pit dewatering activities, if the overflow is from a control device that is designed to treat a 10-year, 24-hour storm event.

The MPCA will put the draft proposed permit on public notice for 30 days. The public notice and draft permit will be posted on the MPCA’s Public Notices web page. During the comment period, MPCA staff will accept and review comments, consider modifying the permit (if applicable) and finalize it by the September 30, 2011 expiration date. For more information, visit the Construction Sand and Gravel, Aggregate and Hot Mix Asphalt Activities website.

University of Minnesota Industrial Stormwater Sampling Workshop Sept. 21

Learn how to:

collect a stormwater sample with a variety of sampling devices and techniques;
work with a MN Department of Health certified testing laboratory; and,
submit and analyze the sampling results.

Attendees will receive a copy of the Monitoring Guidance Manual for Minnesota’s Industrial Stormwater Multi-Sector General Permit. The workshop will be held Wednesday September 21, from 10am-3pm at the Arden Hills DOT Training and Conference Center, 1900 West County Road I, Shoreview, MN 55126. The cost is $75 and lunch will be provided. For more information or to register, visit: www.erosion.umn.edu or download the registration form.

Program Contact Information:

Website: www.pca.state.mn.us/industrialstormwater

Email the Program: iswprogram.pca@state.mn.us

Call the Stormwater Hotline: Call 651-757-2119 or 800-657-3804 (non-metro only) for questions related to Industrial, Construction and Municipal Stormwater.

Application questions/Administrative Lead: 651-757-2089

Permit Compliance/No Exposure: Melissa Wenzel, 651-757-2816

Engineering Questions: Todd Smith, 651-757-2732

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