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1b. NPDES MS4 Permit 2011 Re-Issuance • CITY OF MEMORANDUM CHANHASSEN TO: Paul Oehme, City Engineer 7700 Market Boulevard PO Box 147 FROM: Terry Jeffery, Water Resources Coordinator �1 Chanhassen, MN 55317 / DATE: November 22, 2010 6 Administration SUBJ: NPDES MS4 Permit 2011 Re- issuance Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections PROPOSED MOTION Phone: 952.227.1180 Fax: 952.227.1190 "The City Council authorizes the Mayor to sign the City's NPDES Phase II Engineering MS4 Application for submittal to the Minnesota Pollution Control Agency." Phone: 952.227.1160 Fax: 952.227.1170 City Council approval requires a simple majority vote of the City Council present. Finance Phone: 952227,1140 BACKGROUND Fax: 952.227.1110 Park & Recreation The City of Chanhassen was permitted to discharge stormwater under the Phone: 952,227,1120 National Pollution Discharge Elimination System, Phase II in 2003. The City Fax: 952.227.1110 operated under this permit until 2006. At this time, a court decision required that the Minnesota Pollution Control Agency (MPCA) modify the permit to address Recreation Center anti- degradation (formerly referred to as non - degradation) of public waters among' 2310 Coulter Boulevard Phone: 952227.1400 other items. Fax: 952.227.1404 In June of 2006, the City was issued a second NPDES Municipal Separate Storm Planning & Sewer System (MS4) permit. This permit is for five years and is set to expire on Natural Resources May 31, 2011. Under Minnesota Rule 7001.0040, the City must submit their Phone: 952.227.1130 application 180 days prior to expiration - by December 2, 2010. Fax: 952.227.1110 Public Works DISCUSSION 1591 Park Road Phone: 952.227.1300 The MPCA is currently in the process of writing the permit. It is unknown what Fax: 952.227.1310 the final permit will include but is anticipated to require additional information regarding pond inspections and maintenance, Outstanding Resource Value Waters Senior Center (ex. Seminary Fen and Assumption Creek), Special Waters (ex. impaired) and Phone: 952.227.1125 wetlands and other requirements such as environmental review. Fax: 952.227.1110 Web Site Permit reissuance will take place in two steps. www.ci.chanhassen.mn.us 1. Every MS4 city will need to reapply for coverage at least 180 days before the existing permit expires on May 31, 2011. Along with this application, a $400 fee must be submitted per Minn. R. 7002.0254. The City of Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Paul Oehme November 22, 2010 Page 2 of 2 Chanhassen will receive acknowledgment from the PCA that the application is complete. 2. The second part of the application will require that additional information be provided to the PCA. After the Permit is reissued, we will be contacted by the PCA and be informed as to what additional information the PCA needs. This information will likely be those items discussed at the beginning of this section. The Minnesota Cities Stormwater Coalition (MCSC), in cooperation with the League of Minnesota Cities has issued guidance for MS4 city responses. Summarily, the recommendation is to apply for the coverage extension as requested by the MPCA. The correspondence from Randy Neprash, the Coordinator for MCSC has been attached for your review. While it is too early to say with any certainty what the exact information the PCA will request will be, we have undertaken certain activities which are anticipated to proactively address some of these potential items. Staff feels that we are ahead of the curve in regard to stormwater pond inspections and maintenance. Staff has visually inspected all stormwater ponds at least once. Further, these inspections as well as inspections regarding inlets, outlets, and other structures have been incorporated into CartegraphTM — the City's asset management program for utilities. Currently, staff is in the process of developing a metric for prioritizing ponds for maintenance. This will further address potential changes to the permit as well as allow for more efficient management of these assets. ATTACHMENTS: 1. Email correspondence from Randy Neprash of the Minnesota Cities Stormwater Coalition dated November 9, 2010. 2. Letter from the Minnesota Pollution Control Agency dated November 4, 2010. 3. Application for Municipal Separate Storm Sewer System (MS4) General Permit and instructions. \ \cfsl \cfsl \Shared_Data\ENG \Terry \NPDES Phase II\MS4 Permit\2011 Reissuance \CC_1 1221 O— MS4Reissue.docx Jeffery, Terry From: Randy Neprash [randy.neprash @bonestroo.com] Sent: Tuesday, November 09, 2010 11:33 AM To: Jeffery, Terry Subject: MCSC Greetings, stormwater professionals: Last week, the MPCA sent an E -mail message to all the permittees under the MS4 General Permit: From: *MPCA_PCA MS4 Permit Program Sent: Wednesday, November 03, 2010 4 :19 PM To: * MPCA_PCA MS4 Permit Program Subject: MS4 Permit Application - notice RE: APPLICATION FOR REISSUANCE OF THE MS4 GENERAL PERMIT The MPCA is currently develop in a= reissuance of the MS4 General Permit; the existing Y p 9- Permit expires 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. Later this week, the MPCA is sending you, via U. S Mail, the application for reissuance of the MS4 General Permit. Note that there is a permit application fee of $400.00 (no annual permit fee), due to rule changes in 2010 that require an application fee for coverage under an MS4 Permit. Submittal of your complete application to the MPCA 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. In Minnesota, the MPCA application is equivalent to the United States Environmental Protection Agency Notice of Intent or NOI. A few days later, several cities informed me that they had received the promised application form delivered by U.S. Mail. This material was addressed to the contact person listed in the cities' MS4 Permit files with the MPCA. If you have not received an application form, contact Dale Thompson at Dale.Thompson(d pca.state.mn.us. After consulting with staff at the League of Minnesota Cities, the MCSC has developed recommendations for MS4 cities to respond to these materials from the MPCA. They are as follows: 1 1. Fill out the MS4 General Permit Application form provided by the MPCA. o For cities that are currently operating under the existing MS4 Permit, check off the box for re- issuance under I.A. Application Type. o Provide information about your city under I.B. MS4 Owner. o Provide information about your city's MS4 contact person under I.C. General Contact. This person should be the contact person from your Permit submittal in 2006 or the contact person who will be listed on the new permit submittal in 2011. o Check `Yes" under II. Application Fee. o Provide the appropriate authorized signature under III. Owner or Operator Certification. o Submit this application as a hard copy to the MPCA. They are not currently set up to receive MS4 Permit applications electronically. 2. Send the $400 Permit Application Fee to the MPCA along with your Application form. We have good reason to believe that this will be the only application fee for the MS4 General Permit reissuance. 3. Try to send these materials to the MPCA by December 2, 2010. This date is 180 days before the existing MS4 General Permit's expiration date of May 31, 2011. Meeting this deadline will do the best job of meeting the provisions of State Rule 7001.0040. We have been told that the MPCA will accept applications after 12/2/10. If you cannot send in these materials by 12/2/10, we recommend that you send them in as soon as is reasonably possible and include an explanation of why you could not make the deadline (e.g.: it had to be approved by Council). As always with such submittals, be sure to keep copies for your records. In a message to follow, we will provide more information regarding the background behind all this and the reasoning behind these MCSC recommendations. We are keeping this message simple in order to get these recommendations to you as quickly as possible. Thanks and good luck, Randy Neprash Minnesota Cities Stormwater Coalition 651- 604 -4703 randy.neprash(@bonestroo.com Aii rir Minnesota Cities Stormwater Coalition Municipal stormwater professionals working together for clean water. 2 Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, MN 55155 -4194 1 651- 296 -6300 1 800 - 657 -3864 1 651 - 282 -5332 TTY 1 www.pca.state.mn.us November 4, 2010 Terry Jeffery Chanhassen City MS4 7700 Market Blvd, P.O. Box 147 Chanhassen, MN 55317 RE: Application for Permit Reissuance of the National Pollutant Discharge Elimination System (NPDES) /State Disposal System Municipal Separate Storm Sewer Systems General Permit Dear Terry Jeffery: 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 MS4 Pennit (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 Pen 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- 2011.html 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 P , Supervisor, Municipal Stormwater Unit `� 2010 Stormwater Section Imo .. „m,� Municipal Division Enclosure St. Paul 1 Brainerd 1 Detroit Lakes 1 Duluth 1 Mankato 1 Marshall 1 Rochester 1 Willmar 1 Printed on 100% post- consumer recycled paper Application for Municipal Separate Storm Sewer Systems (MS4) Minnesota General Permit Pollution Control Agency RETURN THIS APPLICATON TO: Minnesota Pollution Control Agency Municipal Division 520 Lafayette Road North St. Paul, MN 55155 -4194 I. MS4 Information 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. C T y Or CriANHkssem (City, county, municipality, government agency or other party /entity) - I300 Mcvoc>:��v ,. ` t o. `ate w Mailing Address 0Hanl+ASSLN MN SS31 City q 1H, State Zip Code e RVEQ ` NENI`At Pt 1.4 County 41- 080533 1 3 Federal Tax ID State Tax ID 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. J Cc cR'4 Tic WAT£fl ?Esouit ES G Last Name First Name Title — 7 - 700 MA2KE-t . b. ?yux V Mailing Address �/j� �aNNPSSi.^� M ` 55arl City State Zip Code ( 52) 221 - 1163 }jc :. crul as Telephone (include area code) E -Mail Address wq- strm4 -52 MPCA MS4 General Permit Application 3 of 4 11 /1 /10 II. Application Fee Is the required $400 Permit Application Fee (payable to the MPCA) enclosed? IYes III. Owner or Operator Certification 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- 2011.html Authorized Signature of the person with overall, MS4 legal responsibility must sign the application (principal executive officer or a ranking elected official). X Authorised Signature Date Last Name First Name Title Mailing Address MN City State Zip Code Telephone (include area code) E -Mail Address wq- strm4 -52 MPCA MS4 General Permit Application 4 of 4 11/1/10 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. 1. 1VMS4 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 of 4 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 /10