Minnesota Pollution Control Agency sent this bulletin at 10/01/2024 10:43 AM CDT
Keeping Minnesota stormwater (and our rivers and lakes) clean
October, 2024
MN Stormwater Manual Update
New MS4 landing page
The Municipal Separate Storm Sewer System (MS4) Program has a new landing page in the Stormwater Manual!
The new page was created to consolidate duplicate information previously found on the MS4 Toolkit, MS4 Digital Document Library, MS4 Audit and related pages; and to streamline the user experience. Please note that hyperlinks to the older pages in your organization’s website or documents may need to be updated.
MS4 implementation guide
The MPCA is developing a permit implementation guidance package for the Minnesota MS4 General permit to guide permittees through the process of developing, implementing, enforcing, and assessing programs described under Minimum Control Measures (MCMs) 1 through 6. The guidance package will include ready-to-use or easily adaptable flyers and social media posts along with administrative resources like spreadsheets for tracking compliance actions, model ordinance language, and templates for documentation.
Reported scam EPA enforcement letters, emails
Someone is trying to scam a Duluth business by pretending to be an EPA inspector and sending them a letter that demands a payment. The letter says the business has committed an environmental violation and demands a payment of thousands of dollars to settle the issue. The letters are written with an urgent tone, include the EPA’s logo and a case number.
Keep in mind, neither the EPA, nor the MPCA sends out enforcement letters "out of the blue." If you get an enforcement letter from either agency, we'll have talked with you already, and you'll know the name of the inspector who is leading your case. Neither agency requires payment within a week. If you receive an email or physical letter that demands payment, go online and find the phone number from the agency on their official website. Call to confirm whether the letter is a scam or not. For more information, CLICK HERE.
2025 industrial stormwater general permit applications delay
The MPCA is currently working through the reissuance process for the 2025 Industrial Stormwater General Permit. There are several proposed updates to the permit which impact the permitting application activity in eServices. Those eServices updates are currently being developed, revised, and tested. When the application service becomes available we will provide further direction on when and how to apply. Until then, please monitor the MPCA Industrial Stormwater website for updates as well as sign up for the Industrial Stormwater Newsletter, which can be done at the following website: https://www.pca.state.mn.us/business-with-us/industrial-stormwater
The MPCA will be extending the original application deadline date of October 2, 2024, to allow for eServices to be updated. Permittees for the 2025 permit will not be expected to apply until the service is ready.
Upcoming Industrial Stormwater General Permit Informational Meetings
In the coming weeks the MPCA will be hosting several informational meetings to discuss proposed changes for the 2025 Industrial Stormwater General Permit. Details regarding the meetings will be posted on our MPCA website within the Industrial Stormwater permitting page. Additionally, we will have dates and times detailed within an upcoming industrial stormwater announcement sent to all Industrial Stormwater Newsletter subscribers. These meetings are for informational purposes, but questions will be taken as time allows. Formal comments regarding the permit will be accepted during the public comment period which will likely occur this winter 2024.
Winter construction practices for site stabilization, erosion prevention, and sediment control
Projects that will either extend more than one season or will still be active during the winter months need to take special considerations when planning for winter shutdown or an active winter construction season.
Winterization planning A winter construction plan should be developed to specifically address shutdown procedures or active construction plans. Projects that plan to continue construction during the winter seasons should sequence construction events such that areas having high potential for erosion and sedimentation be fully constructed and stabilized prior to the presence of frozen conditions whenever possible.
Shutting down construction sites for winter All winter shutdown activities should be performed before frozen conditions are present and must be completed within 14 days (7 days in some cases depending on construction stormwater permit requirements) following the end of construction for the season. Winter shutdown activities should be completed prior to snowfall whenever possible.
Seed all proposed vegetated areas to ensure germination. Stabilize all slopes no later than October 15th with either rock, permanent or temporary vegetation, mulch secured with netting (slopes less than 15%), or erosion control blankets (slopes 15% or greater). Vegetated slopes that have not germinated with at least 70% cover should be augmented with another method in these areas. Stabilize all areas of bare soil (not including road, parking and staging areas) with a dormant seed mix and straw mulch crimped into the soil.
Annual reporting for 2023 deferred for all MS4 permittees covered by the 2020 MS4 general permit
The MPCA is still in the process of developing a new e-service for the MS4 annual report. This means MS4 permittees that have coverage under the 2020 MS4 General Permit did not need to submit an annual report for calendar year 2023 by June 30, 2024. Instead, reporting is deferred until the e-service is available. At that time, MS4 permittees will be expected to begin reporting MS4 activities for each previous reporting year (i.e., each calendar year after 2021).
Remember, even though MS4 Permit Annual Reporting has been delayed while the MPCA develops the new e-service, MS4 permittees must continue to conduct internal Annual Assessments for MCMs 1-6 each year (Permit Items 16.9, 17.8, 18.18, 19.16, 20.23, and 21.15).
During audits, several permittees have reported that they hadn't conducted Annual Assessments. The result is six permit violations (almost 10% of audit items).
The Annual Assessment is a permittee's opportunity to review how well their SWPPP is working to keep stormwater (and our rivers and lakes) clean.
Be sure to conduct Annual Assessments of MCM 1-6. If you have any questions, contact your MPCA MS4 Inspector. To find your inspector, CLICK HERE.
MS4 general permit expiration and reapplication update
All MS4 permittees covered under the 2020 MS4 General Permit must submit an application for permit reissuance 180 days prior to permit expiration (by May 19, 2025). The Part 1 Application requires basic information such as MS4 contact information and owner or operator certification, as well as a $400 fee. In early 2025, the MPCA will notify permittees and provide the application form.
MS4 permit training guidance
Are you one of the many MS4 Permittees who struggle with how to meet the training requirements in the Municipal Separate Storm Sewer System (MS4) Permit? Then we've got a resource for you!
MPCA municipal stormwater staff are available to answer questions about stormwater and your MS4 permit requirements. Click the button below to find staff contact information.
The Minnesota Pollution Control Agency is a state agency committed to ensuring that every Minnesotan has healthy air, sustainable lands, clean water, and a better climate.
