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3.5. SR 11-15-2010aty of Elk. River REQUEST FOR ACTION To Item Number Ma or & Ci Council 3.5. Agenda Section Meeting Date Prepared by Consent November 15, 2010 Rebecca Hau ,Environmental Admin Item Description Reviewed by Application for Permit Reissuance of the National Pollutant ustin Femrite, Ci En ~ eer Discharge Elimination System (NPDES)/State Disposal System Reviewed by Municipal Separate Storm Sewer Systems (MS4) General Permit Action Requested Staff is recommending the Council approve the application to reissue the National Pollutant Discharge Elimination System (NPDES)/State Disposal System Municipal Separate Storm Sewer Systems General Permit for the City of Elk River. Background/Discussion The City of Elk River was required by the Minnesota Pollution Control Agency (MPCA) to apply for the ..National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit by March 10, 2003. This permit is required to be renewed on an annual basis. The City's permit is expected to expire on May 31, 2011. The MPCA is requiring all MS4 communities to fill out an application for permit reissuance within 180 days before the expiration date of the existing permit. The 180 day requirement puts the deadline for this application at December 2, 2010. There is a fee of $400 associated. with this permit. The fee will be paid out of the Surface Water Management Fund Budget.. Financial Imaact $400.00 Permit Application Fee out of the Surface Water Management Fund Attachments Letter dated 11 /4/2010 from Dale Thompson, MPCA Application for Municipal Separate Storm Sewer Systems (MS4) General Permit Action Motion by Second by Vote FOIIOW Up N:\Departments\Community Development\Environmental\Rebecca\NPDES\Action Requested-nondeg.doc . ,_ .. 520 Lafayette Road North ~ St. Paul, MN 5 5 1 5 5-41 94 ~ 651-296-6300 ~ 800-657-3864 ~ 651-282-5332 TTY ~ www.pca.state.mn.us November 4, 2010 Rebecca Haug Elk River City MS4 13065 Orono Pkwy Elk River, MN 55330 RE: Application for Permit Reissuance of the National Pollutant Discharge Elimination System (NPDES)/State Disposal System Municipal Separate Storm Sewer Systems General Permit Dear Rebecca Haug: The Minnesota Pollution Control Agency (MPCA) is currently developing a reissuance of the MS4 General Permit (Permit), and expects to reissue the Permit before it expires on May 31, 2011. Under Minnesota Rules, an application for permit reissuance is to be submitted at least 180 days before the expiration date of the existing permit. Application for coverage under the reissued MS4 General Permit will be done in two parts. First, permittees need to reapply for coverage before the existing Permit expires. Enclosed is a copy of the application for reissuance of the MS4 General Permit. The permit application fee is $400.00; there is no annual permit fee. The new fee is due to rule changes in 2010 that require a permit application fee for coverage under an 1VIS4 Permit (see Minn. R. 7002.0254). You will receive an acknowledgement letter from the MPCA notifying you that we have received your complete application including the permit application fee. Second, permittees will need to submit additional information required by the reissued MS4 General Permit. After the Permit is reissued, you will receive information from the MPCA regarding the additional information you will need to submit. This will include information about your Stormwater Pollution Prevention Program, limitations of coverage (e.g. Outstanding Resource Value Waters, Special Waters, Wetlands, and other requirements such as Environmental Review), and a signed certification regarding the additional information to be submitted to the MPCA. Lastly, further information on reissuance of the MS4 General Permit is available on the MPCA Municipal Stormwater Web site at: http://www.pca. state.mn.us/index.php/water/water-types-and-programs/stormwater/municipal- stormwater/ms4- eg_neral-permit-reissuance-2011.htm1 If you have any questions regarding the application, please contact Scott Fox at 651-757-2368, Amy Garcia at 651-757-2377 or Joyce Cieluch at 218-846-8126. Sincerely, Dale Thompson Supervisor, 1Vlunicipal Stormwater Unit Stormwater Section Municipal Division Enclosure St. Paul ~ Brainerd ~ Detroit Lakes ~ Duluth ~ Mankato ~ Marshall ~ Rochester ~ Willmar ~ Printed on 100% post-consumer recycled paper Application Instructions for National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Municipal Separate Storm Sewer Systems (MS4) General Permit The NPDES/SDS MS4 General Permit requires that you develop, implement, and enforce a Stormwater Pollution Prevention Program (SWPPP) designed to reduce the discharge of pollutants from your small MS4 to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act to the Maximum Extent Practicable. The MPCA is currently developing a reissuance of the MS4 General Permit; the existing Permit expires May 31, 2011. The Permit is issued for stormwater discharges associated with operation of a small MS4 in the State of Minnesota. Application for coverage under the reissued MS4 General Permit will be done in two parts. First, permittees need to reapply for coverage before the existing Permit expires. Under Minnesota Rules Chapter 7001, if the person holding the permit intends to continue the permitted activity, the person is to submit a written application for permit reissuance 180 days before expiration of their existing permit. Second, permittees will need to submit additional information required by the reissued MS4 General Permit. After the Permit is reissued, you will receive information from the MPCA regarding the additional information you will need to submit. This will include information about your SWPPP, limitations of coverage (e.g. Outstanding Resource Value Waters, Special Waters, Wetlands, and other requirements such as Environmental Review), and a signed certification regarding the additional information to be submitted to the MPCA. What the Application Means Submission of this application is notice that you, as the owner and/or operator identified on the application, intend to continue the permitted activity beyond the expiration date of the existing MS4 General Permit. The last section of this application provides a certification to ensure that the owner/operator has completed the application, including submittal of the permit application fee. In Minnesota, the Minnesota Pollution Control Agency (MPCA) application is equivalent to the United States Environmental Protection Agency Notice of Intent or NOI. I. MS4 Information A. Application Type Check the "Application for re-issuance of coverage'' check box if your MS4 applied for coverage in 2006. Check the "New applicant" check box if your MS4 has no previous application for MS4 coverage on file at the MPCA. B. MS4 Owner • The MS4 owner can be a city, county, community, municipality, government agency, college or university, or another party/entity having ownership or operational responsibility, or control of the MS4. • Provide the name and address of the MS4 owner or operator. Include the county in which the MS4 is located. wq-strm4-52 MPCA MS4 General Permit Application 1 of4 11/1/10 Include your Federal and State Tax Identification numbers on the application. The MPCA is requesting this information to assist us in reducing duplicate records and to facilitate the fee process. C. General Contact • General contact is the person you want the MPCA to communicate with regarding Permit compliance issues. This person may be the same as the person with overall SWPPP implementation responsibility or someone else assigned to this role. Generally, the contact person should be the owner's representative in charge of stormwater Permit compliance for the MS4 (for example, Sandy Smith, Director of Public Works; Joe Johnson, Project Manager; etc.). • Provide the street address, city, state, ZIP code, and telephone number, including area code, of the person with official status representing the owner of the MS4, or other entity, which has operational control of the MS4. For example, the owner is the city; the representative is the party the MPCA will contact regarding the SWPPP. Preferably, this person has overall coordination of the SWPPP's operations. Include an e-mail address if available. II. Application Fee The application requires a $400 permit application fee. Rule changes in 2010 require an application fee of $400 for coverage under an MS4 permit (see Minn. R. 7002.0254). There is no fee for the second part of the application -submittal of the additional information (referenced above) required by the reissued MS4 General Permit. Indicate that the application fee has been enclosed by answering "Yes." Please make checks payable to: Minnesota Pollution Control Agency and submit the check with the completed application. Applications received without the required fee will be returned to the sender. III. Owner or Operator Certification After completing this application, the person with overall authority for the Owner or Operator must sign this application to certify the information submitted in this application. The signature can be from either a principal executive officer or ranking elected official (for example, mayor,. designated public works director, president of the university, city or county engineer, administrator or manager). For additional information on "signatures" and who is required to sign a permit application form, please see Minn. R. 7001.0060. Print or type the name of the individual signing the application. Include their title, and date of signature in the appropriate spaces. Include an e-mail address if available. If you have questions about the application, please contact the MPCA Stormwater Hotline at (651) 757-2119 or toll-free at (800) 657-3804 and ask for the MPCA staff person assigned to your MS4. wq-strm4-52 MPCA MS4 General Permit Application 2 of 4 11/1/] 0 Application for Municipal Separate Storm Sewer Systems (MS4) l4'lii-~r~~s~~a General Permit ~U~llltlt~"Il ~~~~' RETURN THIS APPL/CATON TO: Minnesota Pollution Control Agency Municipal Division 520 Lafayette Road North St. Paul, MN 55155-4194 A. Application Type Application for re-issuance of coverage (this MS4 applied in 2006) New applicant (this MS4 has no previous application for MS4 coverage on file at MPCA) B. MS4 Owner (city, county, community, municipality, government agency or other party/entity) with ownership or operational responsibility, or control of the MS4. o~- E I k 12tic1 (City, county, municipality, government agency or other party/entity) 13065 Dro~~ `~cfl~a~/ Mailing Address ~i k ~., ~~ MN 5 533D Ci State Zip Code ~~~~~~ coamty Federal Tax ID State Tax lD C. General Contact (director, department head, MS4 coordinator, consultant or other person with SWPPP implementation responsibility) for all general correspondence about Permit compliance issues between the MPCA and your MS4. ~10.ttiq KP b~CLc~ ~ vf~~~e.~, Last First Nan:e h Title :h~ i3b6S bco~.a ~~~a~ Mailing Address ~Ik ~.~~ MN SS33c~ ,Wiry State Zip Code Telephone (include area code) E-Mail wq-stnn4-52 MPCA MS4 General Permit Application 3 of 4 11/1/10 IL - Application Fee Is the required $400 Permit Application Fee (payable to the MPCA) enclosed? ^Yes • •.- The person with overall, MS4 legal responsibility must sign the application. This person shall be duly authorized to sign the application and may be either a principal executive officer or ranking elected official (Minn. R. 7001.0060). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true. accurate, and complete (Minn. R. 7001_ .0070;. Please note: The MPCA is currently developing a reissuance of the MS4 General Permit. After the Permit is reissued, you will receive information from the MPCA regarding the additional information you will need to submit. Further information on reissuance of the MS4 General Permit is available on the MPCA Municipal Stormwater Web site at http://www.pca. state.mn.us/index.php/water/water-types-and-programs/stormwater/municipal-stormwater/ms4- general-permit-reissuance-201 l .html Authorized Signature of the person with overall, MS4 legal responsibility must sign the application (principal executive officer or a ranking elected official). X Authori.>ed Signature Date Last Nanae First Nanae Title Mailing Address MN Ciry State Zip Code Telephone (include area code) E-Mail Address wq-strm4-52 MPCA MS4 General Permit Application 4 of 4 11/}/] 0