Maryland’s NPDES Municipal Separate Storm Sewer System (MS4) Phase II General Permits

MS4 General Permit to Municipalities

 

Notice of Intent (NOI)

Municipal permittees are required to submit a Notice of Intent (NOI) to obtain coverage under the general permit. A link to the NOI in Word document format is provided below. Hardcopies of all NOIs must be mailed to the Department at the noted address and received by October 31, 2018. Frequently Asked Questions are also provided below to assist permittees in understanding the information required. Additional questions can be directed to Deborah Cappuccitti by emailing deborah.cappuccitti@maryland.gov.

Notice of Final Determination (April 27, 2018)

The Maryland Department of the Environment, Water and Science Administration (the Department) has reached a final determination to issue a National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) (General Discharge Permit No. 13-IM-5500, General NPDES No. MDR055500). The legal framework for permit requirements was provided in the federal Clean Water Act (CWA), Title 40 of the Code of Federal Regulations (CFR) § 122 pertaining to NPDES MS4 programs, and numerous guidelines of the United States (U.S.) Environmental Protection Agency (EPA). In addition, this general permit relies on long established Statewide programs under the Environment Article, Annotated Code of Maryland, Code of Maryland Regulations (COMAR) Chapters 26.17.01 and 26.17.02, and policies and guidelines of the Department to improve stormwater controls and reduce the discharge of pollutants to protect local water quality.

MS4 owners and operators designated under this general permit must submit a Notice of Intent (NOI) to the Department by October 31, 2018. An NOI serves as notification that the MS4 owner or operator intends to comply with the terms and conditions of this general permit. The permit expires on October 30, 2023 unless administratively continued by the Department.

This final determination permit requires municipalities designated for coverage to implement stormwater management programs to improve water quality and control the discharge of pollutants into and through their MS4s. These programs include the following six minimum control measures: public education and outreach; public participation and involvement; illicit discharge detection and elimination; construction site stormwater runoff control; post-construction stormwater management; and pollution prevention/good housekeeping. The permit also establishes new requirements for impervious area restoration for twenty percent of existing developed lands that have little or no stormwater management. Restoration planning strategies and implementation schedules required by this permit shall improve local water quality and contribute to the restoration of the Chesapeake Bay.

In accordance with Maryland’s Administrative Procedures Act, the Department met with numerous stakeholders, held a public hearing to accept testimony on February 6, 2017, and accepted public comments from December 22, 2016 through March 30, 2017. The comment period incorporated the additional 60 day extension period provided in Environment Article § 1-606(d)(2)(ii).

This general permit and the basis for final determination are available here:

Questions concerning the General Permit may be directed to Mr. Raymond Bahr at Raymond.Bahr@maryland.gov, or by phone at 410-537-3545 or call 1-800-633-6101 to make an appointment during the hours of 8:00 AM to 5:00 PM. Copies of the document may be procured at a cost of 36¢ per page.

The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments. Requests for judicial review must be made within 30 days of publication of this notice, i.e., on or before May 28, 2018, in accordance with § 1-601 and § 1-605 of the Environment Article.

Information Concerning Tentative Determination

MDE held a public hearing concerning this tentative determination on February 6, 2017 at MDE, and accepted written comments through March 30, 2017. This comment period incorporated the additional 60 day extension period provided in Environment Article §1-606(d)(2)(ii).

Copies of the draft permit, fact sheet, transcripts and the attendance list from the Public Hearing, and the written comments received may be viewed here:

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MS4 General Permit to State and Federal Agencies

 

Notice of Intent (NOI)

State and federal permittees are required to submit a Notice of Intent (NOI) to obtain coverage under the general permit. If a property is eligible for coverage but meets waiver criteria specified in the permit, the property owner or operator may submit a waiver application for the Department's review and determination. Links to the NOI and waiver application in Word document format are provided below. Hardcopies of all NOIs and waiver applications must be mailed to the Department at the noted address and receivedby October 31, 2018. Frequently Asked Questions are also provided below to assist permittees in understanding the information required. Additional questions can be directed to Deborah Cappuccitti by emailing deborah.cappuccitti@maryland.gov.

Notice of Final Determination (April 27, 2018)

The Maryland Department of the Environment, Water and Science Administration (the Department) has reached a final determination to issue a National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from State and Federal Small Municipal Separate Storm Sewer Systems (MS4s) (General Discharge Permit No. 13-SF-5501, General NPDES No. MDR055501). The legal framework for permit requirements was provided in the federal Clean Water Act (CWA), Title 40 of the Code of Federal Regulations (CFR) § 122 pertaining to NPDES MS4 programs, and numerous guidelines of the United States (U.S.) Environmental Protection Agency (EPA). In addition, this general permit relies on long established Statewide programs under the Environment Article, Annotated Code of Maryland, Code of Maryland Regulations (COMAR) Chapters 26.17.01 and 26.17.02, and policies and guidelines of the Department to improve stormwater controls and reduce the discharge of pollutants to protect local water quality.

MS4 owners and operators eligible under this general permit must submit a Notice of Intent (NOI) to the Department by October 31, 2018. An NOI serves as notification that the MS4 owner or operator intends to comply with the terms and conditions of this general permit. The permit expires on October 30, 2023, unless administratively continued by the Department.

This final determination permit requires State and federal agencies eligible for coverage to implement stormwater management programs to improve water quality and control the discharge of pollutants into and through their MS4s. These programs include the following six minimum control measures: public or personnel education and outreach; public or personnel participation and involvement; illicit discharge detection and elimination; construction site stormwater runoff control; post construction stormwater management; and pollution prevention and good housekeeping. The permit also establishes new requirements for impervious area restoration for twenty percent of existing developed lands that have little or no stormwater management. Restoration planning strategies and implementation schedules required by this permit shall improve local water quality and contribute to the restoration of the Chesapeake Bay.

In accordance with Maryland’s Administrative Procedures Act regarding this final determination, the Department met with numerous stakeholders, held a public hearing to accept testimony on February 6, 2017, and accepted public comments from December 22, 2016 through March 30, 2017. The comment period incorporated the additional 60 day extension period provided in Environment Article § 1-606(d)(2)(ii).

This general permit and the basis for final determination are available here:

Questions concerning the General Permit may be directed to Mr. Raymond Bahr at Raymond.Bahr@maryland.gov, or by phone at 410-537-3545 or call 1-800-633-6101 to make an appointment during the hours of 8:00 AM to 5:00 PM. Copies of the document may be procured at a cost of 36¢ per page.

The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments. Requests for judicial review must be made within 30 days of publication of this notice, i.e., on or before May 28, 2018, in accordance with § 1-601 and § 1-605 of the Environment Article.

Information Concerning Tentative Determination

MDE held a public hearing concerning this tentative determination on February 6, 2017 at MDE, and accepted written comments through March 30, 2017. This comment period incorporated the additional 60 day extension period provided in Environment Article §1-606(d)(2)(ii).

Copies of the draft permit, fact sheet, transcripts and the attendance list from the Public Hearing, and the written comments received may be viewed here:

Background

 

The United States Environmental Protection Agency’s (EPA) National Pollutant Discharge Elimination System (NPDES) municipal stormwater program regulations were published in 1990. These regulations were implemented in two phases. In 1990, Phase I established requirements for stormwater discharges associated with 11 categories of industrial activity, and for large (population >250,000) and medium (population >100,000) municipal separate storm sewer systems (“MS4”). In Maryland, ten jurisdictions and the State Highway Administration (SHA) were required to apply for coverage under individual MS4 stormwater permits. More information concerning the Phase I permits may be found here: click here to learn more about the Phase I permits

In 1999, Phase II expanded the stormwater permitting program to smaller municipalities located in Census-defined urbanized areas as well as State and federal agencies. The Phase II program, which is described in 40 Code of Federal Regulations §122.34, relies on a general permit (vs. an individual). These permits require implementation of six minimum control measures:

  1. public education and outreach
  2. public involvement and participation
  3. illicit discharge detection and elimination
  4. construction site stormwater runoff control
  5. post construction stormwater management
  6. pollution prevention and good housekeeping

MDE’s first general permits were adopted to address the six minimum control measures and comply with federal regulations as follows:

Additional Resources

 

MDE has developed a database structure for Phase II Municipal Separate Storm Sewer System (MS4) permittees to use for reporting stormwater best management practice (BMP) data. All permittees should begin to use this format to prepare for new permit requirements. Permittees may use the following link to MDE's BMP Locator to identify geographic coordinates of BMPs:

MDE BMP Locator

Guidance for the database, an excel template, and fact sheet on impervious area restoration are posted here:

If there are any questions concerning the NPDES Phase II MS4 database, please contact Ms. Deborah Cappuccitti at 410-537-3543 or at Deborah.Cappuccitti@Maryland.gov.

Contact Info

 

Questions about NPDES Phase II permits may be directed to the Sediment, Stormwater, and Dam Safety Program at 410-537-3533 or emailed to Ms. Deborah Cappuccitti at Deborah.Cappuccitti@maryland.gov.