R 323.2161 Storm water discharge permits.

Rule 2161. (1) A person who discharges storm water that is subject to regulation pursuant to the provisions of section 402(p) of the federal act and the corresponding regulations promulgated in 40 C.F.R. §122.26 (2000) shall apply for or obtain a national permit if the person has, will have, or operates any of the following: (a) Storm water discharges associated with industrial activity. A national permit is not required if, in accordance with 40 C.F.R.§122.26(g) (2000), a discharge composed entirely of storm water is not a storm water discharge associated with industrial activity because there is no exposure of industrial materials and activities to rain, snow, snowmelt, or runoff, or any combination, and if the discharger has met the conditions of no exposure listed on a certification form provided by the department. The discharger shall complete, sign, and submit to the department the certification form provided by the department. A new certification form shall be submitted once every 5 years to qualify for continuation of the no exposure exclusion. This exclusion provision shall no longer apply and a national permit shall be required under either of the following conditions: (i) If circumstances change and industrial materials or activities become exposed to rain, snow, snowmelt, or runoff, or any combination, then the conditions for this exclusion no longer apply. Any conditionally exempt discharger who anticipates changes in circumstances shall apply for and obtain national permit authorization before the change of circumstances. Failure to do so could result in penalties as provided under part 31 of the act for a discharge without a permit. (ii) Notwithstanding the provisions of this subdivision, the department retains the authority to require national permit authorization, and deny this exclusion, upon making a determination that the discharge causes, has a reasonable potential to cause, or contributes to, a violation of an applicable water quality standard. (b) Storm water discharges from a site of construction activity. The notice of coverage shall be received before the startup of construction for any storm water discharge from a site of construction activity disturbing 5 acres or more. (c) An MS4 located in an urbanized area, except those exempted through cooperation with a permitted MS4 owner or operator under R 323.2161(2). Only storm water that flows from within the urbanized area is regulated. (d) An MS4 located within an urbanizing area, which is designated by the department to need a national permit on the basis that it discharges storm water which results in a violation of water quality standards or which would imminently result in a violation of water quality standards in the absence of regulation. (e) Designation from the department that storm water controls are needed for the discharge based on wasteload allocations that are part of total maximum daily loads (TMDLs) developed by the department that address the pollutants of concern. (f) A discharge, or category of discharges within a geographic area, that is determined by the department to be a significant contributor of pollutants to waters of the state, or to contribute to a violation of water quality standards, or to contribute substantially to the pollutant loadings of a physically interconnected, regulated MS4. (g) A storm water discharge that is the subject of a petition to the department to require a national permit, and the department determines that the discharger shall apply for a national permit in accordance with subdivision (f) of this subrule. (2) If a national permit application is required for a municipal separate storm sewer system under subdivision (c), (d), (e), or (f) of this subrule, then each city, village, or township with the power or authority to control storm water discharges to the regulated MS4 shall apply for a national permit. An MS4 owner or operator other than a city, village, or township may cooperate with a permitted MS4 owner or operator so that the terms and conditions of the national permit may be met by the permitted MS4 owner or operator for the other owner or operator's municipal separate storm sewer system or systems in the regulated area. In this case, the MS4 owner or operator that is not a city, village, or township does not need to apply for a national permit. An MS4 owner or operator that is not a city, village, or township that cannot reach a cooperative agreement with the permitted MS4 owner or operator shall apply for a national permit for the MS4 it owns or operates. (3) A person who is designated by the department to be regulated in accordance with subrule (1)(d), (e), or (f) of this rule shall apply to the department for a national permit within 180 days of receipt of notice from the department that a national permit is needed, unless permission for a later date is granted by the department. This subrule does not apply to storm water discharged from a site of construction activity.