Wednesday
 Septembers. 1992
Construction
Permit Language
Part II
Environmental
               Agency
Final NPDES General Permits For Storm
Water Discharges From Construction
Sites; Permit Language

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Federal Register / Vol. 57, No. 175 / Wednesday,  September 9, 1992 / Notices
412O9
                                                              Appendix B—NPDES General Permits
                                                              for Storm Water Discharges From
                                                              Construction Activities That Are
                                                              Classified as "Associated With
                                                              Industrial Activity"

                                                              Authorization to Discharger Under the
                                                              National Pollutant Discharge Elimination
                                                              System
                                                              [Permit No. NHRlOOOOlf]
                                                                 In compliance with the provisions of
                                                              the Clean Water Act, as amended, (33
                                                              U.S.C. 1251 et seq.; the Act), except as
                                                              provided in Part I.B.3 of this permit,
                                                              operators of storm water discharges
                                                              from construction activities that are
                                                              classified as  "associated with industrial
                                                              activity", for Indian Tribes located in
                                                              the State of New Hampshire, are
                                                              authorized to discharge in accordance
                                                              with the conditions and requirements
                                                              set forth herein.

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41210	Federal Register / Vol. 57, No. 175  / Wednesday, September 9, 1992  / Notices
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.                              ,
Ronald Munfredonia,
Acting Director, Water Management Division.
  This signature is  for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
wilh stormwator discharges, for Indian Tribes
located in the Slate of New Hampshire.
Authorization to  Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. AflSHlOOOOlFJ
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3  of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", for Indian Tribes located in
the State of New  Hampshire, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Ronald Manfrcdonia,
Acting Director, Water Management Division.
  This signature is  for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
with slormwuter discharges, for Indian Tribes
located in the State of Maine.
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. M/1R10000 IF]
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", for Indian Tribes located in
the State of Massachusetts, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director, Water Management Division.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
with stormwater discharges, for Indian Tribes
located in the State of Massachusetts.
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. MERWOOOO IF]
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located in the State of Maine,
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director, Water Management Division.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Maine.
Authorization to  Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. NHRWOOO]
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located in the State of New
Hampshire, are authorized to discharge
in accordance with the conditions and
requirements set  forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Ronald Manfredonia,
Acting Director, Water Management Division.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of New Hampshire.

Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
[NPDES Permit Number PRR100000]
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq, the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity," located in the  Commonwealth
of Puerto Rico are authorized to

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                Federal Register  /  Vol. 57, No. 175  /  Wednesday,  September 9, 1992  /  Notices	41211
discharge in accordance with the
conditions and requirements set forth
herein.
  Operators of storm water dishcarges
from construction, activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Kevin Bricke,
Acting Director, Water Management Division,
U.S. Environmental Protection Agency,
Region II.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the Commonwealth of Puerto Rico.
Region IV

Authorization To Discharge Under the
National Pollutant Discharge Elimination
System
[General Permit Number MSR10000F]
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq, the "Act") except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction  activities that are
classified as "associated with industrial
activity," located on Indian land in
Mississippi belonging to the Mississippi
Band of Choctaw Indians are authorized
to discharge in accordance with the
conditions and requirements set forth
herein.
  Operators of storm water discharges
from construction  activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit, a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire  at midnight,
September 9,1997.
  Signed and issued: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located within the general permit area.
Region IV
[General Permit Number FLR10001F]

Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq., the "Act") except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as  "associated with industrial
activity", located on Indian land in
Florida belonging to the Miccosukee
Indian Tribe  of Florida are authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
  Operators  of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located within the general permit area.
Region IV
[General Permit Number FLR10000F]

Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq., the "Act") except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located on Indian land in
Florida belonging to the Seminole Tribe
of Florida are authorized to discharge in
accordance with  the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this  permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this  permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9, 1997.
  Signed and issued: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located within the general permit area.
[General Permit Number NCR10000F]
Region IV

Authorization to Discharge Under the
National Pollutant Discharge Elimination
System

  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 etseq., the "Act") except as
provided in Part I.E. 3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located on Indian land in
North Carolina belonging to the Eastern
Band of Cherokee Indians in the State of
North Carolina are  authorized to
discharge in accordance with the
conditions and requirements set forth
herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this  permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this  permit are not authorized under
this general permit.
  This permit shall become effective on
September 9, 1992.
  This permit and the authorization to
discharge shall expire at midnight
September 9, 1997.
  Signed and issued: August 28,1992.
Robert F. McGhee,
Acting Director, Water Management Division.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located within the general permit area.

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41212	Federal Register  /  Vol. 57, No.  175 / Wednesday,  September  9, 1992 / Notices
(Permit No. T X R100000]
Under the National Pollutant Discharge
Elimination System
  In compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of stormwater discharges from
construction activities that are classified
as "associated with industrial activity",
located in the State of Texas, are
authorized to discharge in accordance
with the conditions and requirements
set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 27th day of August,
1992.
Myron O. Knudson, P.E.,
Water Management Director, Region VI.
  This signature is for the permit conditions
In Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Texas.
(Permit No. O K RlOOOOO]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located hi the State of
Oklahoma, are authorized to discharge
in accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part It of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 27th day of August,
1992.
Myron O. Knudson,
Water Management Director, Region W,
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Oklahoma.
[Permit No. NMR100000]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System

  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located in the State of New
Mexico, are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits  must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 27th day of August,
1992.
Myron O. Knudson,
Water Management Director, Region VI.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of New Mexico.
[Permit No. LAR100000]
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System

  In compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et seq; the Act), except as
provided in Part I.B.3 of this  permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located in the State of
Louisiana, are authorized to  discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9, 1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 27th day of August,
1992.
Myron O. Knudson,
Water Management Director, Region VI.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Louisiana.
[Permit No. WYRIOOOOF]

Authorization to  Discharge Under the
National Pollutant Discharge Elimination
System

  In compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located in ,me Wind River
Indian Reservation in the State of
Wyoming, are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply  to facilities
located in the States of Wyoming.

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                Federal Register / Vol.  57, No. 175  / Wednesday, September 9, 1992  /  Notices
                                                                        41213
 Authorization to Discharge Under the
 National Pollutant Discharge Elimination
 System
 [Permit No. UTR10000F]
   In compliance with the provisions of
 the Clean Water Act, as amended, (33
 U.S.C. 1251 et. seq; the Act), except as
 provided in Part I.B.3 of this permit,
 operators of storm water discharges
 from construction activities that are
 classified as "associated with industrial
 activity", located in the following Indian
 Reservations in Utah (except for the
 portions of the Navajo Reservation and
 Goshute Reservation located in Utah)
 Northern Shoshoni Reservation;
 Paiute Reservations—several very small
   reservations located in the southwest
   quarter pf Utah;
 Skull Valley Reservation; and Uintah &
   Ouray Reservation.
 are authorized to discharge in
 accordance with the conditions and
 requirements set forth herein.
   Operators of storm water discharges
 from construction activities within the
 general permit area who intend to be
 authorized by these permits must submit
 a Notice of Intent in accordance with
 Part II of this permit. Operators of storm
 water discharges associated with
 industrial activity who fail to submit a
 Notice of Intent in accordance with Part
 II of this permit  are not authorized under
 this general permit.
   This permit shall become effective on
 September 9, 1992.
   This permit and the authorization to
 discharge shall expire at midnight,
 September 9,1997.
  Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Utah.
 Authorization to Discharge Under the
 National Pollutant Discharge Elimination
 System

 [Permit No. SDRlQOOOO]
   m compliance with the provisions of
 the Clean Water Act, as amended, (33
 U.S.C. 1251 et. seq; the Act), except as
 provided in Part I.B.3 of this permit,
 operators of storm water discharges
 from construction activities that are
 classified as "associated with industrial
 activity", located in the entire State of
 South Dakota including the Indian
 reservations noted below (with the
 exception of the portion of the Standing
 Rock Reservation located in South
 Dakota), and the portion of the Lake
Traverse Reservation located in North
Dakota
Cheyenne River Reservation; Crow
  Creek Reservation;
Flandreau Reservation; Lake Traverse
  Reservation—Also known as the
  Sisseton Reservation. Includes the
  entire Reservation, which is located in
  North Dakota and South Dakota;
Lower Brule Reservation;
Pine Ridge Reservation—Includes only
  the portion of the Reservation located
  in South Dakota; Rosebud
  Reservation; and, Yankton
  Reservation.
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges '
from construction activities  within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.  •
  This permit shall become  effective on
September 9, 1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.,
Kerrigan Clough,
Acting Regional Administrator.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of South Dakota and the
portion of the Lake Traverse Reservation-
located in the State of North Dakota.
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. NDR10000F]
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", in all the Indian Reservations
located in the State of North Dakota
including the following (with the
exception of the portion of the Lake
Traverse Reservation, also known as the
Sisseton Reservation, located in North
Dakota)
Fort Totten Reservation—Also known
  as Devils Lake Reservation;
Fort Berthold Reservation;
Standing Rock Reservation—Includes
  the entire Reservation, which is
  located in both North Dakota and
  South Dakota; and,
Turtle Mountain Reservation.
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of North Dakota and the
portion of the Standing Rock Reservation
located in the State of South Dakota.
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. MTRIOOOOF]
  In compliance with the provisions of
the Clean Water Act, as amended, (33
U.S.C. 1251 et. seq; the Act), except as
provided ^in Part I.B.3 of this permit,
operators' of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", in all Indian Reservations in
Montana including the following
Reservations:
Blackfeet Reservation;
Crow Reservation;
Flathead Reservation;
Fort Belknap Reservation;
Fort Peck Reservation;
Northern Cheyenne Reservation; and,
Rocky Boys Reservation.
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits  must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm

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41214	Federal Register  /  Vol. 57, No.  175 / Wednesday,  September  9, 1992 / Notices
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
  This signature  is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Montana.
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. COR10000F]
  In compliance with the provisions of
the Clean Water Act, as amended (33
U.S.C. 1251 et. seq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity" in applicable federal facilities
located in the State of Colorado, and in
the following Indian Reservations
Southern Ute Reservation; and,
Ute Mountain Reservation—Includes the
  entire Reservation, which is located in
  Colorado and New Mexico
are authorized  to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit  area who intend to be
authorized by these permits must submit
a Notice of Intent in accordance with
Part II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice oflntent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Kerrigan Clough,
Acting Regional Administrator.
  This signature  is for the permit conditions
in Paris I through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Colorado and the
portion of the Ute Mountain Reservation
located in the State of New Mexico.
' Storm Water General Permit for
 Construction Activities

 Authorization to Discharge Under the
 National Pollutant Discharge Elimination
 System
 [Permit No. AZR1000IF]
   In compliance with the provisions of
 the Clean Water Act, as amended (33
 U.S.C. 1251 et. seq.; the Act), except as
 provided in Part I.B.3 of this permit,
 operators of storm water discharges
 from construction activities that are
 classified as "associated with industrial
 activity", located on
 Indian Lands in the State of Arizona,
   Including Navajo Territory in the
   States of New Mexico and Utah
 are authorized to discharge in
 accordance with the conditions and
 requirements set forth herein.
   Operators of storm water discharges
 from construction activities within the
 general permit area who intend to be
 authorized by this permit must submit a
 Notice of Intent in accordance with Part
 II of this permit. Operators of storm
 water discharges associated with
 industrial activity who fail to submit a
 Notice of Intent in accordance with Part
 II of this permit are not authorized under
 this general permit.
   This permit shall become effective on
 September 9, 1992.
   This permit and the authorization to
 discharge shall expire at midnight
 September 9,1997.
   Signed and issued this 28th day of August,
 1992.                              ',
 Daniel W. McGovern,
 Regional Administrator, Region 9.
   This signature is for the permit conditions
 in Parts I through IX and for any additional
 conditions in Part X which apply to facilities
 located on the Indian lands specified above.
 Authorization To Discharge Under the
 National Pollutant Discharge Elimination
 System

 [Permit No. AZR100000]
   In compliance with the provisions of
 the Clean Water Act, as amended,
 (U.S.C. 1251 et seq.; the Act), except as
 provided in Part I.B.3 of this permit,
 operators of storm water discharges
 from construction activities that are
 classified as "associated with industrial
 activity", located in the
 State of Arizona (Excluding Indian
   Lands)
 are authorized to discharge in
 accordance with the conditions and
 requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this  permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this  permit are  not authorized under
this general permit.
  This permit shall  become effective on
September 9, 1992.
  This, permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
  This signature is for the permit conditions
in Parts I  through IX and for any additional
conditions in Part X which apply to facilities
located in the State of Arizona (excluding
Indian lands).
 Authorization To Discharge Under the
 National Pollutant Discharge Elimination
 System

 [Permit No. NVRlOOOIF]
  In compliance with the provisions of
 the Clean Water Act, as amended,
 (U.S.C. 1251 et seq.; the Act), except as
 provided in Part I.B.3 of this permit,
 operators of storm water discharges
 from construction activities that are
 classified as "associated with industrial
 activity", located on
 Indian Lands in the State of Nevada,
  Including Goshute Territory in the
  State of Utah, and the Duck Valley
  Reservation in Nevada and Idaho
 are authorized to discharge in
 arcordance with the conditions and
 requirements set forth herein.
  Operators of storm water discharges
 from construction activities within the
 general permit area who intend to be
 authorized by this permit must submit a
 Notice of Intent in accordance with Part
 II of this permit. Operators of storm
 water discharges associated with
 industrial activity who fail to submit a
 Notice of Intent in accordance with Part
 II of this permit are not authorized under
 this general permit.
  This permit shall become effective on
 September 9,  1992.
  This permit and the authorization to
 discharge shall expire at midnight,
 September 9,1997.

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                Federal Register  / Vol. 57, No. 175  /  Wednesday, September 9, 1992 / Notices
                                                                        41215
  Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located on the Indian lands specified above.


Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
[Permit No. CAR1000IF]
  In compliance with the provisions of
the Clean Water Act, as amended,
(U.S.C..  . . 1251 et.  seq.; the Act],
except as provided in Part I.B.3 of this
permit, operators of  storm water
discharges from construction activities
that are classified as "associated with
industrial activity", located on
Indian Lands in the State of California
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to  submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
  This permit shall become effective on
September 9, 1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9, 1997.
  Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located on Indian lands in the State of
California.

Authorization to Discharge Under the
National Pollutant Discharge Elimination
System
 [Permit No. MWR100000]
   In compliance with the provisions of
 the Clean Water Act, as amended,
 (U.S.C.. . . 1251 et. seq.; the Act),
 except as provided  in Part I.B.3 of this
 permit, operators of storm water
 discharges from construction activities
 that are classified as "associated with
 industrial activity", located on
 Midway Island or Wake Island
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent  in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent  in accordance with Part
II of this permit  are not authorized under
this general permit.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9, 1997.
  Signed and issued this 28th day of August,
1992.
Daniel W. McGovern,
Regional Administrator, Region 9,
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located on Midway Island or Wake Island.
Authorization To Discharge Under the
National Pollutant Discharge Elimination
System

[Permit No. JAR100000]
  In compliance with the provisions of
the Clean Water Act, as amended, [33
U.S.C. 1251 etseq.; the Act), except as
provided in Part I.B.3 of this permit,
operators of storm water discharges
from construction activities that are
classified as "associated with industrial
activity", located on
Johnston Atoll
are authorized to discharge in
accordance with the conditions and
requirements set forth herein.
   Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by this permit must submit a
Notice of Intent in accordance with Part
II of this permit. Operators of storm
water discharges associated with
industrial activity who fail to submit a
Notice of Intent in accordance with Part
II of this permit are not authorized under
this general permit.
   This permit shall become effective on
September 9,1992.
   This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
   Signed and issued this 28th day of August
1992.
Daniel W. McGovern,
Regional Administrator, Region 9.
   This signature is for the permit conditions
 in Parts I through IX and for any additional
conditions in Part X which apply to facilities
located on Johnston Atoll.

Authorization To Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
From Construction Activities That Are
Classified as Associated With Industrial
Activity
[General Permit No.: ID-R-10-OOOF]
  In compliance with the provisions of
the Clean Water Act, [33 U.S.C. 1251 et
seq.), as amended by the Water Quality
Act of 1987, Pub. L. 100-4, the "Act".
  Owners and operators engaged in
discharging storm water from
construction activities that are classified
as "associated with industrial activity"
which are located on Indian lands in the
State of Idaho, except for those sites
identified in Part I hereof, are authorized
to discharge to waters of the United
States, in accordance with effluent
limitations, monitoring requirements,
and other conditions set forth herein.
  A copy of this general permit must be
kept at the site where  the discharges
occur.
  This permit shall become effective on
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight,
September 9,1997.
  Signed this 27th day of August 1992.
Harold E. Geren,
Acting Director, Water Division, Region 10,
U.S. Environmental Protection Agency.
  This signature is for the permit conditions
in Parts I through IX and for any additional
conditions in Part X which apply to activities
located on Indian lands in the State of Idaho.
Authorization to Discharge Under the
National Pollutant Discharge Elimination
System for Storm Water Discharges
From Construction Activities That Are
Classified as Associated With Industrial
Activity
[General Permit No.: AK-R-10-OOOF
   In compliance with  the provisions of
the Clean Water Act,  33 U.S.C. 1251 et
seq., as amended  by the Water Quality
Act of 1987, P.L. 100-4, the "Act".
   Owners and operators engaged in
discharging storm water from
construction activities that are classified
as "associated with industrial activity"
which are located.on Indian lands in the
State of Alaska, except for those sites  .
identified in Part I hereof, are authorized
to  discharge to waters of the United
States, in accordance with effluent
limitations, monitoring requirements,
and other conditions set forth herein.
   A copy of this general permit must be
kept at the site where.the discharges
 occur.

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  41216          Federal Register /  Vol. 57. No.  175 / Wednesday,  September 9,  1992 / Notices
    This permit shall become effective
  September 9,1992.
    This permit and the authorization to
  discharge shall expire at midnight, on
  September 9,1997.
    Signed this 27 day of August 1992.
  Harold E. Gcrcn,
  Acting Director, Water Division, Region 10.
  U.S. Environmental Protection Agency.
   This signature is for the permit conditions
  in Paris I through IX and for any additional
  conditions in Part X which apply to activities
  located on Indian lands in the State of
  Alaska.
  Authorization to Discharge Under the
  National Pollutant Discharge Elimination
  System for Storm Water Discharges
  From Construction Activities That Are
  Classified as Associated With Industrial
 Activity
  (General Permit No.: WA-R-10-001F]
   In compliance with the provisions  of
  the Clean Water Act, 33 U.S.C.  1251 et
 set]., as amended by the Water Quality
 Act of 1987, P.L. 100-4, the "Act".
   Owners and operators engaged in
 discharging storm water from
 construction activities that are classified
 as "associated with industrial activity"
 which are located on Indian lands in the
 Slate of Washington, except for those
 sites identified in Part I hereof, are
 authorized  to discharge to waters of the
 United States, in accordance with
 effluent limitations, monitoring
 requirements, and other conditions set
 forth herein.
   A copy of this general permit must be
 kept at the site where the discharges
 occur.
   This permit shall become effective
 September 9,1992.
   This permit and the authorization to
 discharge shall expire at midnight, on
 September 9,1997.
   Signed this 27 day of August 1992.
 Harold E. Geren.
 Acting Director, Water Division, Region 10.
 U.S. Environmental Protection Agency.
  This signature is for the permit conditions
 in Parts I through IX and for any additional
 conditions in Part X which apply to  activities
 located on Indian lands in the State of
 Washington.
 Authorization to Discharge Under the
 National Pollutant Discharge Elimination
 System for Storm Water Discharges
 from Construction Activities That Are
 Classified as Associated with Industrial
Activity
 [General Permit No.: WA-R-10-OOOF]
  In compliance with the provisions of
 the Clean Water Act, 33 U.S.C. 1251 et
seq., as amended by the Water Quality
Act of 1987. P.L. 100-4, the "Act".
   Owners and operators of federal
 facilities in the State of Washington
 engaged in'discharging storm water from
 construction activities that are classified
 as "associated with industrial activity",
 except for those sites identified in Part I
 hereof and except those sites located on
 Indian lands within the State of
 Washington, are authorized to discharge
 to waters of the State of Washington
 and waters of the United States
 adjacent to State waters, in accordance
 with effluent limitations, monitoring
 requirements, and other conditions set
 forth herein.
   A copy of this general permit must be
 kept at the site where the discharges
 occur.
   This permit shall become effective
 September 9,1992.
   This permit and  the authorization to
 discharge shall expire at midnight, on
 September 9,1997.
   Signed this 27th day of August 1992.
 Harold E. Geren,
 Acting Director, Water Division, Region 10,
 U.S. Environmental Protection Agency.
   This signature is for the permit conditions
 in Parts I through IX and any additional
 conditions in Part X which apply to federal
 facilities in the State  of Washington.

 Authorization to Discharge Under the
 National Pollutant Discharge Elimination
 System for Storm Water Discharges
 from Construction Activities That Are
 Classified as Associated with Industrial
 Activity

 [General Permit No.: ID-R-10-0000]
   In compliance with the provisions of
 the Clean Water Act, 33 U.S.C. 1251 et
 seq., as amended by the Water Quality
 Act  of 1987, P.L. 100-1, the  "Act".
   Owners  and operators engaged in
 discharging storm water from
 construction activities that are classified
 as "associated with industrial activity",
 except for  those sites identified in Part I
 hereof and except those sites located on
 Indian lands within the State of Idaho,
 are authorized to discharge to waters of
 the State of Idaho and waters of the
 United States adjacent to State waters,
 in accordance with effluent limitations,
 monitoring requirements, and  other
 conditions set forth herein.
  A  copy of this general permit must be
kept at the site where the discharges
 occur.
  This permit shall  become effective
September 9,1992.
  This permit and the authorization to
discharge shall expire at midnight, on
September 9,1997.
   Signed this 27th day of August 1992.
 Harold E. Geren,
 Acting Director, Water Division, Region 10,
 U.S. Environmental Protection Agency.
   This signature is for the permit conditions
 in Parts I through IX and any additional
 conditions in Part X which apply to federal
 facilities in the State of Idaho.

 Authorization to Discharge Under the
 National Pollutant Discharge
 Elimination System for Storm Water
 Discharges From Construction
 Activities That Are Classified as
 Associated With Industrial Activity
 [General Permit No.: AK-R-10-0000]
   In compliance with the provisions of
 the Clean Water Act, 33 U.S.C. 1251 et
 seq., as amended by the Water Quality
 Act of 1987, P.L. 100-1, the "Act".
   Owners and operators engaged in
 discharging storm water associated with
 construction activities that are classified
 as associated with industrial activities,
 except those sites identified in Part I
 hereof and except those sites located on
 Indian lands within the State of Alaska
 and waters of the United States
 adjacent to State waters, in accordance
 with effluent limitations, monitoring
 requirements, and other conditions set
 forth herein.
   A copy of this general permit must be
 kept at the site where discharges occur.
   This permit shall become effective
 September 9,1992.
   This permit and the authorization to
 discharge  shall expire at midnight, on
 September 9,1997.
   Signed this 27 day of August 1992.
 Harold E. Geren,
 Acting Director, Water Division, Region 10,
 U.S. Environmental Protection Agency.
   This signature is for the permit conditions
 in Parts I through IX and for any additional
 conditions in Part X which apply to activities
 located in the State of Alaska.

 Authorization to Discharge Under the
 National Pollutant Discharge
 Elimination System
 [Permit No	R100000 or	R10000F (for
 only Indian  lands and/or Fed. fac]
   In compliance with the provisions of
 the Clean Water Act, as amended, (33
 U.S.C. 1251 et seq.; the Act), except as
 provided in Part I.B.3 of this permit,
 operators of storm water discharges
 from construction activities that are
 classified as "associated with industrial
 activity", located in the State(s)  of
	, are authorized to discharge in
 accordance with the conditions and   .
requirements set forth herein.
  Operators of storm water discharges
from construction activities within the
general permit area who intend to be
authorized by these permits must submit

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                federal Register / Vol.  57.  No. 175 / Wednesday, September 9, 1992 / Notices
                                                                                        41217
  a Notice of Intent in accordance with
  Part II of this permit. Operators of storm
  water discharges associated with
  industrial activity who fail to submit a
  Notice of Intent in accordance with Part
  II of this permit are not authorized under
  this general permit.
   This permit shall become effective on
  September 9,1992.
   This permit and the authorization  to
  discharge shall expire  at midnight,
  September 9,1997.
   Signed and issued this.
 1992.
. day of -
 (Signature of Water Management Director or
 Regional Administrator)
   This signature is for the permit conditions
 in Parts I through IX and for any additional
 conditions in Part X which apply to facilities
 located in the State of	

 NPDES General Permits for Storm
 Water Discharges From Construction
 Activities That are Classified as
 "Associated With Industrial Activity"

 Table of Contents

 PART I. COVERAGE UNDER THIS PERMIT
 A. Permit Area.
 B. Eligibility.
 C. Authorization.

 PART II. NOTICE OF INTENT
 REQUIREMENTS
 A. Deadlines for Notification.
 B. Contents of Notice of Intent.
 C. Where to Submit.
 D. Additional Notification.
 E. Renotification.

 PART III. SPECIAL CONDITIONS
 A. Prohibition on non-storm water
    discharges.
 B. Releases in excess of Reportable
    Quantities.

 PART IV. STORM WATER POLLUTION
 PREVENTION PLANS
 A. Deadlines for Plan Preparation and
    Compliance.
 B. Signature and Plan Review.
 C. Keeping Plans Current.
 D. Contents of Plan.
 E. Contractors.

 PART V. RETENTION OF RECORDS

 PART VI. STANDARD PERMIT CONDITIONS
 A. Duty to Comply.
 B. Continuation of the Expired General
    Permit.
 C. Need to halt or reduce activity not a
    defense.
 D. Duty to Mitigate.
 E. Duty to Provide Information.
 F. Other Information.
 G. Signatory Requirements.
 H. Penalties for Falsification of Reports.
 I. Oil and Hazardous Substance Liability.
J. Property Rights.
K. Severability.
L. Requiring an individual permit or an
    alternative general permit.
  M. State Laws.
  N. Proper Operation and Maintenance.
  O. Inspection and Entry.
  P. Permit Actions.
  PART VII. REOPENER CLAUSE
  PART VIII. NOTICE OF TERMINATION
  A. Notice of Termination.
  B. Addresses.
  PART IX. DEFINITIONS
  PART X. STATE SPECIFIC CONDITIONS
  A. Puerto Rico.
  B. Colorado (Federal facilities and Indian
     lands).
  C. Arizona.
  D. Alaska.
  E. Idaho.
  F. Washington (Federal facilities and Indian
     lands).

  Preface
   The Clean Water Act (CWA) provides
  that storm water discharges associated
 with industrial activity from a point
 source [including discharges through a
 municipal separate storm sewer system)
 to waters of the United States are
 unlawful, unless authorized by a
 National Pollutant Discharge
 Elimination System (NPDES) permit. The
 terms "storm water discharge
 associated with industrial activity",
 "point source" and "waters of the
 United States" are critical to
 determining whether a facility is subject
 to this requirement.  Complete
 definitions of these terms are found in
 the definition section (Part IX) of this
 permit.
   The United States Environmental
 Protection Agency (EPA) has
 established the Storm Water Hotline at
 (703) 821^1823 to assist the Regional
 Offices in distributing notice of intent
 forms and storm water pollution
 prevention plan guidance, and to
 provide information pertaining to the
 storm water regulations.

 Part I. Coverage Under This Permit
 A. Permit Area
   The permit covers all areas of:
   Region I—for the States of Maine and
 New Hampshire; for Indian lands
 located in Massachusetts, New
 Hampshire, and Maine.
   Region II—for the Commonwealth of
 Puerto Rico.
   Region IV—for Indian lands located in
 Florida (two tribes), Mississippi, and
 North Carolina.
   Region VI—for the States of
 Louisiana, New Mexico, Oklahoma, and
 Texas; and for Indian lands located in
 Louisiana, New Mexico (except Navajo
 lands and Ute Mountain Reservation
lands), Oklahoma, and Texas.
  Region VIII—for the State of South
Dakota; for Indian lands located in
  Colorado (including the Ute Mountain
  Reservation in Colorado), Montana,
  North Dakota, Utah (except Goshute
  Reservation and Navajo Reservation
  lands), and Wyoming; for Federal
  facilities in Colorado; and for the Ute
  Mountain Reservation New Mexico.
   Region IX—for the State of Arizona;
  for the Territories of Johnston Atoll, and
  Midway and Wake Island; and for
  Indian lands located in California, and
  Nevada; and for the Goshute
  Reservation in Utah and Nevada, the
  Navajo Reservation in Utah, New
  Mexico, and Arizona, the Duck Valley
  Reservation in Nevada and Idaho.
   Region X—for the State of Alaska,
  and Idaho; for Indian lands located in
  Alaska, Idaho (except Duck Valley
 Reservation lands), and Washington;
  and for Federal facilities in Washington.

 B. Eligibility

   1. This permit may authorize all
 discharges of storm water associated
 with industrial activity from
 construction sites, (those sites or
 common plans of development or sale
 that will result in the disturbance of five
 or more acres total land area  *),
 (henceforth referred to as storm water
 discharges  from construction activities)
 occurring after the effective date of this
 permit (including discharges occurring
 after the effective date of this permit
 where the construction activity was
 initiated before the effective date of this
 permit), except for discharges identified
 under paragraph I.B.3.
   2. This permit may only authorize  a
 storm water discharge associated with
 industrial activity from a  construction
 site  that is mixed with a storm water
 discharge from an industrial source
 other than construction, where:
   A. the industrial source other than
 construction is located on the same site
 as the construction activity;
   b. storm water discharges associated
 with industrial activity from the areas of
 the site where construction activities are
 occurring are in compliance with the
 terms of this permit;  and
   c.  storm water discharges associated
with industrial activity from the areas of
the site where industrial activity other
than construction are occurring
(including storm water discharges from
dedicated asphalt plants and dedicated
concrete plants) are covered by a
different NPDES general permit or
                                                        1 On June 4,1992, the United States Court of
                                                       Appeals for the Ninth Circuit remanded the
                                                       exemption for construction sites of less than five
                                                       acres to the EPA for further rulemaking. (Nos. 90-
                                                       70671 and 91-70200).

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41218
Federal Register / Vol.  57, No. 175 /  Wednesday, September 9, 1992  /  Notices
individual permit authorizing such
discharges.
3. Limitations on Coverage
  The following storm water discharges
from construction sites are not
authorized by this permit:
  a. storm water discharges associated
with industrial activity that originate
from the site after construction activities
have been completed and the site has
undergone final stabilization.
  b. discharges that are mixed with
sources of non-storm water other than
discharges which are identified in Part
1II.A of this permit and which are in
compliance with Part IV.D.5 (non-storm
water discharges) of this permit.
  c. storm water discharges associated
with industrial activity that are subject
to an existing NPDES individual or
general permit or which are issued a
permit in accordance with paragraph
VI.L (requiring an individual permit or
an alternative general permit) of this
permit. Such discharges may be
authorized under this permit after an
existing permit expires provided the
existing permit did not establish
numeric limitations for such discharges;
  d. storm water discharges from
construction sites that the Director
(EPA) has determined to be or may
reasonably be expected to be
contributing to a violation of a water
quality standard; and
   e. storm water discharges from
construction sites if the discharges may
adversely affect a listed or proposed to
be listed endangered or threatened
species or its critical habitat.
C. Authorization
   1. A discharger must submit a Notice
of Intent (NOI) in accordance with the
requirements of Part II of this permit,
using a NOI form provided by the
Director (or a photocopy thereof), in
order for storm water discharges from
construction sites to be authorized to
discharge under this general permit.2
   2. Where a new operator is selected
after the submittal of an NOI under Part
II, a new Notice of Intent (NOI) must be
submitted by the operator in accordance
with  Part II, using a NOI form provided
by the Director (or a photocopy thereof).
   3. Unless notified by the Director to
 the contrary, dischargers who submit an
NOI !n accordance with the
requirements of this permit are
authorized to discharge storm water
from construction sites under the terms
and conditions of this permit 2 days
after the date that the NOI is
postmarked. The Director may deny
  1A copy of the approved NOI form is provided in
 Appendix C of this notice.
                        coverage under this permit and require
                        submittal of an application for an
                        individual NPDES permit based on a
                        review of the NOI or other information
                        (see Part VI.L of this permit).

                        Part II. Notice of Intent Requirements

                        A. Deadlines for Notification
                          1. Except as provided in paragraphs
                        II.A.2, II.A.3, and II.A.4, individuals who
                        intend to obtain coverage for storm
                        water discharges from a construction
                        site (where disturbances associated
                        with the construction project commence
                        before October 1,1992), under this
                        general permit shall submit a Notice of
                        Intent (NOI) in accordance with the
                        requirements of this Part on or before
                        October 1,1992;
                          2. Individuals who intend to obtain
                        coverage under this general permit for
                        storm water discharges from a
                        construction site where disturbances
                        associated with the construction project
                        commence after October 1,1992, shall
                        submit a Notice of Intent (NOI) in
                        accordance with the requirements of
                        this Part at least 2 days prior to the
                        commencement of construction
                        activities (e.g. the initial disturbance of
                        soils associated with clearing, grading,
                        excavation activities, or other
                        construction activities);
                          3. For storm water discharges from
                        construction sites where the operator
                        changes, (including projects where  an
                        operator is selected after a NOI has
                        been submitted under Parts II.A.l or
                        II.A.2) a NOI in accordance with the
                        requirements of this Part shall be
                        submitted at least 2 days prior to when
                        the operator commences work at the
                        site; and
                          4. EPA will accept an NOI in
                        accordance with the requirements of
                        this part after the dates provided in
                        Parts II.A.1, 2 or 3 of this permit. In such
                        instances, EPA may bring appropriate
                        enforcement actions.
                        B. Contents of Notice of Intent
                          The Notice(s) of Intent shall be signed
                        in accordance with Part VI.G of this
                        permit by all of the entities identified in
                        Part II.B.2 and shall include the
                        following information:
                          1. The mailing address of the
                        construction site for which the
                        notification is submitted. Where a
                        mailing address for the site is not
                        available, the location of the
                        approximate center of the site must be
                        described in terms of the latitude and
                        longitude to the nearest 15 seconds, or
                        the section, township and range to  the
                        nearest quarter section;
                          2. The name, address and telephone
                        number of the operator(s) with day to
day operational control that have been
identified at the time of the NOI
submittal, and operator status as a
Federal, State, private, public or other
entity. Where multiple operators have
been selected at the time of the initial
NOI submittal, NOIs must be attached
and submitted in the same envelope.
When an additional operator submits an
NOI for a site with a preexisting NPDES
permit, the NOI for the additional
operator must indicate the number for
the preexisting NPDES permit;
  3. The name of the receiving water(s),
or if the discharge is through a municipal
separate  storm sewer, the name of the
municipal operator of the storm sewer
and the ultimate receiving water(s);
  4. The permit number of any NPDES
permit(s) for any discharge(s) (including
any storm water discharges or any non-
storm water discharges) from the site;
  5. An indication of whether the
operator has existing quantitative data
which describes the concentration of
pollutants in storm water discharges
(existing data should not be included as
part of the NOI); and
  6. An estimate of project start date
and completion dates, estimates of the
number of acres of the site on which soil
will be disturbed, and a certification
that a storm water pollution prevention
plan has been prepared for the site in
accordance with Part IV of this permit,
and such plan provides compliance with
approved State and/or local sediment
and erosion plans or permits and/or
storm water management plans or
permits in accordance with Part IV.D.2.d
of this permit. (A copy of the plans or
permits should not be included with the
NOI submission).

C. Where to Submit

   1. Facilities which discharge storm
water associated with industrial activity
must use a NOI form provided by the
Director (or photocopy thereof). The
form  in the Federal Register notice in
which this permit was published may be
photocopied and used. Forms are also
available by calling (703) 821-4823. NOIs
must be signed in accordance with Part
VI.G  of this permit. NOIs are to be
submitted to the Director of the NPDES
program in care of the following
address: Storm Water Notice of Intent,
PO Box 1215, Newington, VA 22122.
   2. A copy of the NOI or other
indication that storm water discharges
from  the site are covered under an
NPDES permit, and a brief  description of
the project shall be posted  at the
construction site in a prominent place
for public viewing (such as alongside a
building permit).

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               Federal Register  /  Vol. 57, No. 175 / Wednesday, September 9,  1992 / Notices         41219
D. Additional Notification
  Facilities which are operating under
approved State or local sediment and
erosion plans, grading plans, or storm
water management plans shall submit
signed copies of the Notice of Intent to
the State or local agency approving such
plans in accordance with the deadlines
in Part II.A of this permit (or sooner
where  required by State or local rules],
in addition to submitting the Notice of
Intent to EPA in accordance with
paragraph II.C.

E. Renptification
  Upon issuance of a new general
permit, the permittee is required to
notify the Director of his intent to be
covered by the new general permit.

Part III. Special Conditions,
Management Practices, and Other Non-
Numeric Limitations

A. Prohibition on Non-Storm Water
Discharges
   1. Except as provided in paragraph
I.B.2 and III.A.2, all discharges covered
by this permit shall be composed
entirely of storm water.
   2. a. Except as provided in paragraph
III.A.2.(b), discharges of material other
than storm water must  be in compliance
with a NPDES permit (other than this
permit) issued for the discharge.
   b. The following non-storm water
discharges may be authorized by this
permit provided the non-storm water
component of the discharge is in
compliance with paragraph IV.D.5:
discharges from fire fighting activities;
fire hydrant flushings; waters used to
wash vehicles or control dust in
accordance with Part IV.D.2.c.(2);
potable water sources including
waterline flushings; irrigation drainage;
routine external building washdown
which does not use detergents;
pavement washwaters  where spills or
leaks of toxic or hazardous materials
have not occurred (unless all spilled
material has been removed) and where
detergents are not used; air conditioning
condensate; springs; uncontaminated
ground water; and foundation or footing
drains where flows are not
contaminated with process materials
such as solvents.
B. Releases in Excess ofReportable
Quantities
   1. The discharge of hazardous
substances or oil in the storm water
discharge(s) from a facility shall be
prevented or minimized in accordance
with the applicable storm water
pollution prevention plan for the facility.
This permit does not relieve the
permittee of the reporting requirements
of 40 CFR part 117 and 40 CFR part 302.
Where a release containing a hazardous
substance in an amount equal to or in
excess of a reporting quantity
established under either 40 CFR 117 or
40 CFR 302, occurs during a 24-hour
period:
  a. The permittee is required to notify
the  National Response Center (NRC)
(800-^124-8802; in the Washington, DC
metropolitan area 202-426-2675) in
accordance with the requirements of 40
CFR 117 and 40 CFR 302 as soon as he
or she has knowledge of the discharge;
  b. The permittee shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be taken in accordance
with Part III.B.3 of this permit to the
appropriate EPA Regional office at the
address provided in Part V.C
(addresses) of this permit; and
  c. The storm water pollution
prevention plan required under Part IV
of this permit must be modified within
14 calendar days of knowledge of the
release to:  Provide a description of the
release, the circumstances leading to the
release, and the date of the release. In
addition, the plan must be reviewed to
identify measures to prevent the
reoccurrence of such releases and to
respond to such releases, and the plan
must be modified where appropriate.
  2. Spills. This permit does not
authorize the discharge of hazardous
substances or oil resulting from an on-
site spill.

Part IV. Storm Water Pollution
Prevention Plans

  A storm water pollution prevention
plan shall be developed for each
construction site covered by this permit.
Storm water pollution prevention plans
shall be prepared in accordance with
good engineering practices. The plan
shall identify potential sources of
pollution which may reasonably be
expected to affect the quality of storm
water discharges from the construction
site. In addition, the plan shall describe
and ensure the implementation of
practices which will be used to reduce
the pollutants in storm water discharges
associated with industrial activity at the
construction site and to assure
compliance with the terms and
conditions of this permit. Facilities must
implement the provisions of the storm
water pollution prevention plan required
under this part as  a condition of this
permit.
A. Deadlines for Plan Preparation and
Compliance
  The plan shall:
  1. Be completed (including
certifications required under Part IV.E)
prior to the submittal of an NOI to be
covered under this permit and updated
as appropriate;
  2. For construction activities that have
begun on or before October 1,1992,
except for sediment basins required
under Part IV.D.2.a(2) .(structural
practices) of this permit, the plan shall
provide for compliance with the terms
and schedule of the plan beginning on
October 1,1992. The plan shall provide
for compliance with sediment basins
required under Part IV.D.2.a.(a) of this
permit by no later than December 1,
1992;
  3. For construction activities that have
begun after October 1,1992, the plan
shall provide for compliance with the
terms and schedule of the plan
beginning with the initiation of
construction activities.

B. Signature and Plan Review
  1. The plan shall be signed in
accordance with Part VI.G, and be
retained on-site at the facility which
generates the storm water discharge in
accordance with Part V (retention of
records) of this permit.
   2. The permittee shall make plans
available upon request to the Director; a
State or local agency approving
sediment  and erosion plans, grading
plans, or storm water management
plans; or in the case of a storm water
discharge associated with industrial
activity which discharges through a
municipal separate storm sewer system
with an NPDES permit, to the municipal
operator of the system.
   3. The Director, or authorized
representative, may notify the permittee
at any time that the plan does not meet
one or more of the minimum
requirements of this part. Such
notification shall identify those
provisions of the permit which are not
being met by the plan, and identify which
provisions of the plan requires
modifications in order to meet the
minimum requirements of this part.
Within 7 days of such notification from
the Director, (or as otherwise provided
by the Director), or authorized
representative, the permittee shall make
the required changes to the plan and
shall submit to the Director a written
certification that the requested changes
have been made.
C. Keeping Plans Current
   The permittee shall amend the plan
whenever there is a change in design,

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  41220          Federal Register / Vol. 57. No. 175 /  Wednesday, September 9, 1992  / Notices
  construction, operation, or maintenance,
  which has a significant effect on the
  potential for the discharge of pollutants
  to the waters of the United States and
  which has not otherwise been addressed
  in the plan or if the storm water
  pollution prevention plan proves to be
  ineffective in eliminating or significantly
  minimizing pollutants from sources
  identified under Part IV.D.2 of this
  permit, or in otherwise achieving the
  general objectives of controlling
  pollutants  in storm water discharges
  associated with industrial activity. In
  addition, the plan shall be amended to
  identify any new contractor and/or
  subcontractor that will implement a
  measure of the storm water pollution
  prevention plan (see Part IV.E).
  Amendments to the plan may be
  reviewed by EPA in the same manner as
  Part 1V.B above.
 D. Contents of Plan
   The storm water pollution prevention
 plan shall include the following items:
   1. Site description. Each plan shall,
 provide a description of pollutant
 sources and other information as
 indicated:
   a. A description of the nature of the
 construction activity;
   b. A description of the intended
 sequence of major activities which
 disturb soils for major portions of the
 site (e.g. grubbing, excavation, grading);
   c. Estimates of the total area of the
 site and the total area of the site that is
 expected to be disturbed by excavation,
 grading, or  other activities;
   d. An estimate of the runoff coefficient
 of the  site after construction activities
 are completed and existing data
 describing the soil or the quality of any
 discharge from the site;
   e. A site map indicating drainage
 patterns and approximate slopes
 anticipated after major grading
 activities, areas of soil disturbance, an
 outline of areas which not be disturbed,
 the location of major structural and
 nonstructural controls identified in the
 plan, the location of areas where
 stabilization practices are expected to
 occur,  surface waters (including
 wetlands), and locations where storm
 water  is discharged to a surface water;
 and
  f. The name of the receiving water(s),
 and areal extent of wetland acreage at
 the site.
  2. Controls. Each plan shall include a
 description of appropriate controls and
 measures that will be implemented at
 the construction site. The plan will
 clearly describe for each major activity
identified in Part IVD.l.b appropriate
control measures and the timing during
the construction process that the
  measures will be implemented. (For
  example, perimeter controls for one
  portion of the site will be installed after
  the clearing and grubbing necessary for
  installation of the measure, but before
  the clearing and grubbing for the
  remaining portions of the site. Perimeter
  controls will be actively maintained
  until final stabilization of those portions
  of the site upward of the perimeter
  control. Temporary perimeter controls
  will be removed after final
  stabilization). The description and
  implementation of controls shall address
  the following minimum components:
   a. Erosion and sediment controls—(1).
  stabilization practices. A description of
  interim and permanent stabilization
  practices, including site-specific
  scheduling of the implementation of the
  practices. Site plans should ensure that
  existing vegetation is preserved where
  attainable and that disturbed portions of
  the site are stabilized. Stabilization
 practices may include: temporary
 seeding, permanent seeding, mulching,
 geotextiles, sod stabilization,  vegetative
 buffer strips, protection of trees,
 preservation of mature vegetation, and
 other appropriate measures. A record of
 the dates when major grading activities
 occur, when construction activities
 temporarily or permanently cease on a
 portion of the site, and when
 stabilization measures  are initiated shall
 be included in the plan. Except as
 provided in paragraphs IV.D.2.(a).(l).(a),
 (b), and (c) below, stabilization
 measures shall be initiated as soon as
 practicable in portions of the site where
 construction activities have temporarily
 or permanently ceased, but in no case
 more than 14 days after the construction
 activity in that portion of the site has
 temporarily or permanently ceased.
   (a). Where the initiation of
 stabilization measures by the 14th day
 after construction activity temporary or
 permanently cease is precluded by snow
 cover, stabilization measures shall be
 initiated as soon as practicable.
   (b). Where construction activity will
 resume on a portion of the site within 21
 days from when activities ceased, (e.g.
 the total time period that construction
 activity is temporarily ceased is less
 than 21 days) then stabilization
 measures do not have to be initiated on
 that portion of site by the 14th day after
 construction activity temporarily
 ceased.
  (c). In arid areas (areas with an
 average annual rainfall of 0 to 10 inches)
 and semi-arid  areas (areas with an
 average annual rainfall of 10 to 20
inches), where the initiation of
stabilization measures by the 14th day
after construction activity has
temporarily or permanently ceased is
  precluded by seasonal arid conditions,
  stabilization measures shall be initiated
  as soon as practicable.
    (2). Structural practices. A description
  of structural practices to divert flows
  from exposed soils, store flows or
  otherwise limit runoff and the discharge
  of pollutants from exposed areas of the
  site to the degree attainable. Such
  practices may include silt fences, earth
  dikes,  drainage swales, sediment traps,
  check  dams, subsurface drains, pipe
  slope drains, level spreaders, storm
  drain inlet protection, rock outlet
  protection, reinforced soil retaining
  systems, gabions, and temporary or
  permanent sediment basins. Structural
  practices should be placed on upland
  soils to the degree attainable. The
  installation of these devices may be
  subject to Section 404 of the CWA.
    (a) For common drainage locations
  that serve an area with 10 or more
  disturbed acres at one time, a temporary
  (or permanent) sediment basin providing
  3,600 cubic feet of storage per acre
  drained, or equivalent control measures,
  shall be provided where attainable until
 final stabilization of the site. The 3,600
 cubic feet of storage area per acre
 drained does not apply to flows from
 offsite  areas and flows from onsite  areas
 that are either undisturbed or have
 undergone final stabilization where such
 flows are diverted around both the
 disturbed area and the sediment basin.
 For drainage locations which serve 10 or
 more disturbed acres at one time and
 where a temporary sediment basin
 providing 3,600 cubic feet of storage per
 acre drained, or equivalent controls is
 not attainable, smaller sediment basins
 and/or sediment traps should be used.
 At a minimum, silt fences, or equivalent
 sediment controls are required for all
 sideslope and downslope boundaries of
 the construction area.
   (b) For drainage locations serving less
 than 10 acres, sediment basins and/or
 sediment traps should be used. At a
 minimum, silt fences or equivalent
 sediment controls are required for all
 sideslope and downslope boundaries of
 the construction area unless a sediment
 basin providing storage for 3,600 cubic
 feet of storage per acre drained is
 provided.
  b. Storm water management. A
 description of measures that will be
 installed during the construction process
 to control pollutants in storm water
 discharges that will occur after
 construction operations have been
 completed. Structural measures should
be placed on upland soils to the degree
attainable. The installation of these
devices  may be subject to Section 404 of
the CWA. This permit only addresses

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                 Federal Register / Vol.  57,  No. 175  / Wednesday, September 9,  1992 /  Notices
                                                                        41221
 the installation of storm water
 management measures, and not the
 ultimate operation and maintenance of
 such structures after the construction
 activities have been completed and the
 site has undergone final stabilization.
 Permittees are only responsible for the
 installation and maintenance of storm
 water management measures prior to
 final stabilization of the site, and are not
 responsible for maintenance after storm
 water discharges associated with
 industrial activity have been eliminated
 from the site.
   (1). Such practices may include: storm
 water detention structures (including
 wet ponds); storm water retention
 structures; flow attenuation by use of
 open vegetated swales and natural
 depressions; infiltration of runoff onsite;
 and sequential systems (which combine
 several practices). The pollution
 prevention plan shall include an
 explanation of the technical basis used
 to select the practices to control
 pollution where flows exceed
 predevelopment levels.
  (2). Velocity dissipation devices shall
 be placed at discharge locations and
 along the length of any outfall channel
 for the purpose of providing a non-
 erosive velocity flow from the structure
 to a water course so that the natural
 physical and biological characteristics
 and functions are maintained and
 protected (e.g., no significant changes in
 the hydrological regime of the receiving
 water).
  c. Other controls—(1) waste disposal.
 No solid materials, including building
 materials, shall be discharged to waters
 of the United States, except as
 authorized by a  Section 404 permit.
  (2) Off-site vehicle tracking of
 sediments and the generation of dust
 shall be minimized.
  (3) The plan shall ensure and
 demonstrate compliance with applicable
 State and/or local waste disposal,
 sanitary sewer or septic system
 regulations.
  d. Approved State or local plans. (1)
 Permittees which discharge storm water
 associated with industrial activity from
 construction activities must include in
 their storm water pollution prevention
 plan procedures and requirements
 specified in applicable sediment and
 erosion site plans or site permits, or
 storm water management site plans or
 site permits approved by State or local
officials. Permittees shall provide a
certification in their storm water
pollution prevention plan that their
storm water pollution prevention plan
reflects requirements applicable to
protecting surface water resources in
sediment and erosion site plans or site
permits, or storm water management
 site plans or site permits approved by
 State or local officials. Permittees shall
 comply with any such requirements
 during the term of the permit. This
 provision does not apply to provisions
 of master plans, comprehensive plans,
 non-enforceable guidelines or technical
 guidance documents that are not
 identified in a specific plan or permit
 that is issued for the construction site.
   (2) Storm water pollution prevention
 plans must be amended to reflect any
 change applicable to protecting surface
 water resources in sediment and erosion
 site plans or site permits, or storm water
 management site plans or site permits
 approved by State or local officials for
 which the permittee receives written
 notice. Where the permittee receives
 such written notice of a change, the
 permittee shall provide a recertification
 in the storm water pollution plan that
 the storm water pollution prevention
 plan has been modified to address such
 changes.
   (3) Dischargers seeking alternative
 permit requirements shall submit an
 individual permit application in
 accordance with Part VI.L of the permit
 at the address indicated in Part V.C of
 this permit for the appropriate Regional
 Office, along with a description of why
 requirements in approved State or local
 plans or permits, or changes to such
 plans or permits, should not be
 applicable as a condition of an NPDES
 permit.
   3. Maintenance. A description of
 procedures to ensure the timely
 maintenance of vegetation, erosion and
 sediment  control measures and other
 protective measures identified in the site
 plan in good and effective operating
 condition.
   4. Inspections. Qualified personnel
 (provided by the discharger) shall
 inspect disturbed areas of the
 construction site that have not been
 finally stabilized, areas used for storage
 of materials that are exposed to
 precipitation, structural control
 measures, and locations where vehicles
 enter or exit the site at least once every
 seven calendar days and within 24
 hours of the end of a storm that is 0.5
 inches or greater. Where sites have been
 finally stabilized, or during seasonal
 arid periods in arid areas (areas with an
 average annual rainfall of 0 to 10 inches)
 and semi-arid areas (areas with an
 average annual rainfall of 10 to 20
 inches) such inspection shall be
 conducted at least once every month.
  a. Disturbed areas and areas used for
 storage of materials that are exposed to
precipitation shall be inspected for
 evidence of, or the potential for,
pollutants entering the drainage system.
Erosion and sediment control measures
 identified in the plan shall be observed
 to ensure that they are operating
 correctly. Where discharge locations or
 points are accessible, they shall be
 inspected to ascertain whether erosion
 control measures are effective in
 preventing significant impacts to
 receiving waters. Locations where
 vehicles  enter or exit the site shall be
 inspected for evidence of offsite
 sediment tracking.
   b. Based on the results of the
 inspection, the site description identified
 in the plan in accordance with
 paragraph IV.D.l of this permit and
 pollution prevention measures identified
 in the plan in accordance with
 paragraph IV.D.2 of this permit shall be
 revised as appropriate, but in no case
 later than 7 calendar days following the
 inspection. Such modifications shall
 provide for timely implementation of
 any changes to the plan within 7
 calendar days following the inspection.
   c. A report summarizing the scope of
 the inspection, name(s) and
 qualifications of personnel making the
 inspection, the date(s) of the inspection,
 major observations relating to the
 implementation of the storm water
 pollution prevention plan, and actions
 taken in accordance with paragraph
 IV.D.4.b of the permit shall be made and
 retained as part of the storm water
 pollution prevention plan for at least
 three years from the date that the site is
 finally stabilized. Such reports shall
 identify any incidents  of non-
 compliance. Where a report does not
 identify any incidents  of non-
 compliance, the report shall contain a
 certification that the facility is in
 compliance with the storm water
 pollution  prevention plan and this
 permit. The report shall be signed in
 accordance with Part VI.G of this
 permit.
   5. Non-Storm  Water Discharges.
 Except for flows from fire fighting
 activities, sources of non-storm water
 listed in Part III.A.2 of this permit that
 are combined with storm water
 discharges associated with industrial
 activity must be identified in the plan.
 The plan shall identify and ensure the
 implementation of appropriate pollution
 prevention measures for the non-storm
 water component(s) of the discharge.
E. Contractors
  1. The storm water pollution
prevention plan must clearly identify for
each measure identified in the plan, the
contractor(s) and/or subcontractor(s)
that will implement the measure. All
contractors and subcontractors
identified in the plan must sign a copy of
the certification statement in Part IV.E.2

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41222	Federal Register  /  Vol. 57, No. 175  / Wednesday,  September 9, 1992  /  Notices
of this permit in accordance with Part
VI.G of this permit. All certifications
must be included in the storm water
pollution prevention plan.
  2. Certification Statement. All
contractors and subcontractors
identified in a storm water pollution
prevention plan in accordance with Part
IV.E.1 of this permit shall sign a copy of
the following certification statement
before conducting any professional
service identified in the storm water
pollution prevention plan:
  ! certify under penalty of law that I
understand the terms and conditions of the
general National Pollutant Discharge
Elimination System (NPDES) permit that
authorizes the storm water discharges
associated with industrial activity from the
construction site identified as part of this
certification.
  The certification must include the
name and title of the person providing
the signature in accordance with Part
VI.G of this permit; the name, address
and telephone number of the contracting
firm; the address (or other identifying
description) of the site; and the date the
certification is made.
Part V. Retention of Records
  A. The permittee shall retain copies of
storm water pollution prevention plans
and all reporls required by this permit,
and records of all data used to complete
the Notice of Intent to be covered by
this permit, for a period of at least three
years from the date that the site is
finally stabilized. This period may be
extended by request of the Director at
any time.
  B. The permittee shall retain a copy of
the storm water pollution prevention
required by this permit at the
construction site from the date of project
initiation to  the date of final
stabilization.
  C. Addresses. Except for the submittal
of NOIs (see Part II.C of this permit), all
written correspondence concerning
discharges in any State, Indian land or
from any Federal Facility covered under
this permit and directed to the U.S.
Environmental Protection Agency,
including the submittal of individual
permit applications, shall be sent to the
address of the appropriate Regional
Office listed below:
1. CT, MA, ME, NH, RI, VT
United States EPA, Region I, Water
  Management Division (WCP-2109),
  Storm Water Staff, John F. Kennedy
  Federal Building, Room 2209, Boston,
  MA 02203.
2. Nf, NY, PR, VI
Untied States EPA, Region II, Water
  Management Division (2WM-WPC),
  Storm Water Staff, 26 Federal Plaza,
  New York, NY 10278.

3. DE, DC, MD, PA, VA, WV
United States EPA, Region III, Water
  Management Division (3WM55),
  Storm Water Staff, 841 Chestnut
  Building, Philadelphia, PA 19107.

4. AL, FL, GA, KY, MS, NC, SC, TN
United States EPA, Region IV, Water
  Management Division (FPB-3), Storm
  Water Staff, 345 Courtland Street,
  N.E., Atlanta, GA 30365.

5. IL, IN, MI, MN, OH, WI
United States EPA, Region V; Water
  Quality Branch (5WQP), Storm Water
  Staff, 77 West Jackson Boulevard,
  Chicago, IL 60604.

6. AR, LA, NM (Except See Region IX
for Nava/o Lands, and See Region VIII
for Ute Mountain Reservation Lands),
OK,TX
United States EPA, Region VI, Water
  Management Division (6W-EA),
  Storm Water Staff, First Interstate
  Bank Tower at Fountain Place, 1445
  Ross Avenue, 12th Floor, Suite 1200,
  Dallas, TX 75202.

7. IA, KS, MO, NE
United States EPA, Region VII, Water
  Management Division, Compliance
  Branch, Storm Water Staff, 726
  Minnesota Avenue, Kansas City, KS
  66101.

8. CO, MT, ND, SD,  WY, UT (Except See
Region IX for Goshute Reservation and
Navajo Reservation Lands)
United States EPA, Region VIII, Water
  Management Division, NPDES Branch
  (8WM-C), Storm Water Staff, 999 18th
  Street, Denver, CO 80202-2466.
Note—For Montana Indian Lands,
  please use the following address:
  United States EPA, Region VIII,
  Montana Operations Office, Federal
  Office Building, Drawer 10096, 301
  South Park, Helena, MT 59620-0026.

9. AZ, CA, HI, NV, Guam, American
Samoa, the Goshute Reservation in UT
andNV, the Navajo Reservation in UT,
NM, andAZ, the Duck Valley
Reservation in NVandID
United States EPA, Region IX, Water
  Management Division (W-5-1), Storm
  Water Staff, 75 Hawthorne Street, San
  Francisco, CA 94105.
10. AK, ID (Except See Region IX for
Duck Valley Reservation Lands), OR,
WA
United States EPA, Region X, Water
  Management Division (WD-134),
  Storm Water Staff, 1200 Sixth Street,
  Seattle WA 98101.
Part VI. Standard Permit Conditions

A. Duty to Comply

  1. The permittee must comply with all
conditions of this permit. Any permit
noncompliance constitutes a violation of
CWA and is grounds for enforcement
action; for permit termination,
revocation and reissuance, or
modification; or for denial of a permit
renewal application.

2. Penalties for Violations of Permit
Conditions

a.  Criminal

   (1). Negligent Violations The CWA
provides that any person who
negligently violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to a
fine of not less than $2,500 nor more
than $25,000 per day of violation, or by
imprisonment  for not more than 1 year,
or both.
   (2). Knowing Violations The CWA
provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to a
fine of not less than $5,000 nor more
than $50,000 per day of violation, or by
imprisonment  for not more than 3 years,
or both.
   (3). Knowing Endangerment The CWA
provides that any person who
knowingly violates permit conditions
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act and who
knows at that  time that he is placing
another person in imminent danger of
death or serious bodily injury is subject
to a fine of not more than $250,000, or by
imprisonment  for not more than 15
years,  or both.
   (4). False Statement The CWA
provides that any person who
knowingly makes any false material
statement, representation, or
certification in any application, record,
report, plan, or other document filed  or
required to be  maintained under the Act
or who knowingly falsifies, tampers
with, or renders inaccurate, any
monitoring device or method required to
be maintained under the Act, shall upon
conviction, be  punished by a fine of not
more than $10,000 or by imprisonment
for not more than 2 years, or by both. If
a conviction is for a violation committed
after a first conviction of such person
under this paragraph, punishment shall
be by a fine of not more than $20,000 per
day of violation, or by imprisonment of
not more than  4 years, or by both. (See
Section 309.C.4 of the Clean Water Act).
   b. Civil Penalties—The CWA
provides that any person who violates a

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                Federal Register / Vol. 57, No. 175  /  Wednesday,  September 9.  1992 / Notices
                                                                       41223
permit condition implementing Sections
301, 302, 306, 307, 308, 318, or 405 of the
Act is subject to a civil penalty not to
exceed $25,000 per day for each
violation.
  c. Administrative Penalties. The
CWA provides that any person who
violates a permit condition
implementing Sections 301, 302, 306, 307,
308, 318, or 405 of the Act is subject to
an administrative penalty, as follows:
  (1). Class I penalty Not to exceed
$10,000 per violation nor shall the
maximum amount exceed $25,000.
  (2). Class IIpenalty Not to  exceed
$10,000 per day for each day during
which the violation continues nor shall
the maximum amount exceed $125,000.

B. Continuation of the Expired General
Permit
  This permit expires on October 1,
1997. However, an expired general
permit continues in force and effect until
a new general permit is issued.
Permittees must submit a new NOI in
accordance with the requirements of
Part II of this permit, using a  NOI form
provided by the Director (or photocopy
thereof) between August 1,1997 and
September 29,1997 to remain covered
under the continued permit after
October 1,1997. Facilities that had not
 obtained coverage under the permit by
 October 1,1997 cannot become
 authorized to discharge under the
 continued permit.

 C. Need to Halt or Reduce Activity Not
 a Defense
   It shall not be a defense for a
 permittee in an enforcement action that
 it would have been necessary to halt or
 reduce the  permitted activity in order to
 maintain compliance with the conditions
 of this permit.
 D. Duty to Mitigate
   The permittee shall take all
 reasonable steps to minimize or prevent
 any discharge in violation of this permit
 which has  a reasonable likelihood of
 adversely affecting human health or the
 environment.
 E. Duty to Provide Information

   The permittee shall furnish to the
 Director; an authorized representative of
  the Director; a State or local agency
  approving sediment and erosion plans,
  grading plans, or storm water
  management plans; or in the case of a
  storm water discharge associated with
  industrial activity which discharges
  through a municipal separate storm
  sewer system with an NPDES permit, to
  the municipal operator of the system,
  any information which is requested to
determine compliance with this permit
or other information.

F. Other Information
  When the permittee becomes aware
that he or she failed to submit any
relevant facts or submitted incorrect
information in the Notice of Intent or in
any other report to the Director, he or
she shall promptly submit such facts or
information.
G. Signatory Requirements
   All Notices of Intent, storm water
pollution prevention plans, reports,
certifications or information either
submitted to the Director or the operator
of a large or medium municipal separate
storm sewer system, or that this permit
requires be maintained by the permittee,
shall be signed as follows:
   1. All Notices of Intent shall be signed
as follows:
   a. For a corporation: By a responsible
corporate officer. For the purpose of this
section, a responsible corporate officer
means: (1) A president, secretary,
treasurer, or vice-president of the
corporation in charge of a principal
business  function, or any other person
who performs similar policy  or decision-
making functions for the corporation; or
 (2) the manager of one or more
manufacturing, production or operating
 facilities  employing more than 250
 persons or having gross annual sales or
 expenditures exceeding $25,000,000 (in
 second-quarter 1980 dollars] if authority
 to sign documents has been assigned or
 delegated to the manager in  accordance
 with corporate procedures;
   b. For a partnership or sole
 proprietorship: by a general  partner or
 the proprietor, respectively;  or
    c. For a municipality, State, Federal,
 or other public agency: by either a
 principal executive officer or ranking
 elected official. For purposes of this
 section, a principal executive officer of a
 Federal agency includes (1) the chief
 executive officer of the agency, or (2) a
 senior executive officer having
 responsibility for the overall operations
 of a  principal geographic unit of  the
 agency (e.g., Regional Administrators of
 EPA).
    2. All reports required by  the permit
  and other information requested by the
 Director or authorized representative of
  the Director shall be signed  by a person
  described above or by a duly authorized
  representative of that person. A  person
  is a  duly authorized representative only
  if:
    a. The authorization is made in
  writing by a person described above
  and submitted to the Director.
    b. The authorization specifies  either
  an individual or a position having
responsibility for the overall operation
of the regulated facility or activity, such
as the position of manager, operator,
superintendent, or position of equivalent
responsibility or an individual or
position having overall responsibility for
environmental matters for the company.
(A duly authorized representative may
thus be either a named individual or any
individual occupying a named position).
  c. Changes to authorization. If an
authorization under paragraph II.B.3. is
no longer accurate because a different
operator has responsibility for the
overall operation of the construction
site, a new notice of intent satisfying the
requirements of paragraph II.B must be
submitted to the Director prior to  or
together with any reports, information,
or applications to be signed by an
authorized representative.
  d. Certification. Any person signing
documents under paragraph VI.G shall
make the following certification:
  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 resporisible for gathering the
 information, the information submitted is, to
 the best of my knowledge and belief, true,
 accurate, and complete. I am aware that there
 are significant penalties for submitting false
 information, including the possibility of fine
 and imprisonment for knowing violations.

 H. Penalties for Falsification of Reports

   Section 309(c)(4) of the Clean Water
 Act provides that any person who
 knowingly makes any false material
 statement, representation, or
 certification in any record or other
 document submitted or required to be
 maintained under this permit, including
 reports of compliance or moncompliance
 shall, upon conviction, be punished by a
 fine of not more than $10,000, or by
 imprisonment for not more  than 2 years,
 or by both.
 /. Oil and Hazardous Substance
 Liability
   Nothing in this permit shall be
 construed to preclude the institution of
 any legal action or relieve the permittee
 from any responsibilities, liabilities, or
 penalties to which the permittee is or
 may be subject under section 311 of the
 CWA or section 106 of the
 Comprehensive Environmental
 Response, Compensation and Liability
 Act of 1980 (CERCLA).
 /. Property Rights
    The issuance of this permit does not
 convey any property rights of any sort,

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  41224
Federal Register/Vol. 57, No.  175 / Wednesday, September 9. 1992 / Notices
  nor any exclusive privilieges, nor does it
  authorize any injury to private property
  nor any invasion of personal rights, nor
  any infringement of Federal, State of
  local laws or regulations.
  K. Severabih'ty
    The provisions of this permit are
  severable, and if any provision of this
  permit, or the application of any
  provision of this permit to any
  circumstance, is held invalid, the
  application of such provision to other
  circumstances, and the remainder of this
  permit shall not be affected thereby.
  L. Requiring an Individual Permit or an
  Alternative General Permit
    1. The Director may require any
  person authorized by this permit to
  apply for and/or obtain either an
  individual NPDES permit or an
  alternative NPDES general permit. Any
  interested person may petition the
  Director to take action  under this
  paragraph. Where the Director requires
  a discharger authorized to discharge
  under this permit to apply for an
  individual NPDES permit, the Director
  shall notify the discharger in writing
  that a permit application is required.
 This notification shall include a brief
 statement of the reasons for this
 decision, an application form, a
 statement setting a deadline for the
 discharger to file the application,  and a
 statement that on the effective date of
 issuance or denial of the individual
 NPDES permit or the alternative general
 permit as it applies to the individual
 permittee, coverage under this general
 permit shall automatically terminate.
 Applications shall be submitted to the
 appropriate Regional Office indicated in
 Part V.C of this permit. The Director
 may grant additional time to submit the
 applciation upon request of the
 applicant. If a discharger fails to submit
 in a timely manner an individual NPDES
 permit application as required by  the
 Director under this paragraph, then the
 applicability of this permit to the
 individual NPDES permittee is
 automatically terminated at the end of
 the day specified by the Director for
 application submittal.
  2. Any discharger authorized by this
 permit may request to be excluded from
 the coverage of this permit by applying
 for an individual permit. In such cases,
 the permittee shall submit an individual
 application in accordance with the
requirements of 40 CFR 122.26(c)(l)(ii),
with reasons supporting  the request, to
the Director at the address for the
appropriate Regional Office indicated in
part V.C of this permit. The request may
bo granted by issuance of any individual
permit or an alternative general if the
                       reasons cited by the permittee are
                       adequate to support the request.
                         3. When an individual NPDES permit
                       is issued to a discharger otherwise
                       subject to this permit, or the discharger
                       is authorized to discharge under an
                       alternative NPDES general permit, the
                       applicability of this permit to the
                       individual NPDES permittee is
                       automatically terminated on the
                       effective date of the individual permit or
                       the date of authorization of coverage
                       under the alternative general permit,
                       whichever the case may be. When an
                       individual NPDES permit is denied to an
                       owner or operator otherwise subject to
                       this permit, or the owner or operator is
                       denied for coverage under an alternative
                       NPDES general permit, the  applicability
                       of this permit to the individual NPDES
                       permittee is automatically terminated on
                       the date of such denial, unless otherwise
                       specified by the Director.

                       M. State/Environmental Laws
                         1. Nothing in this permit shall be
                       construed to preclude the institution of
                       any legal action or relieve the permittee
                       from any responsibilities, liabilities, or
                       penalties established pursuant to any
                       applicable State law or regulation under
                       authority preserved by section 510 of the
                      Act.
                        2. No condition of this permit shall
                      release the permittee from any
                      responsibility or requirements under
                      other environmental statutes or
                      regulations.

                      N. Proper Operation and Maintenance
                        The permittee shall at all times
                      properly operate and maintain all
                      facilities and systems of treatment and
                      control (and related appurtenances)
                      which are installed or used by the
                      permittee to achieve compliance with
                      the conditions of this permit and with
                      the requirements of storm water
                      pollution prevention plans. Proper
                      operation and maintenance also
                      includes adequate laboratory controls
                      and appropriate quality assurance
                      procedures. Proper operation and
                      maintenance requires the operation of
                      backup or auxiliary facilities or similar
                      systems, installed by a permittee only
                      when necessary to achieve compliance
                      with the conditions of the permit.
                      O. Inspection and Entry
                       The permittee shall allow the Director
                      or an authorized representative of EPA,
                      the State, or, in the case of a
                      construction site which discharges
                      through a municipal separate storm
                      sewer, an authorized representative of
                      the municipal operator or the separate
                      storm sewer receiving the discharge,
                     upon the presentation of credentials and
  other documents as may be required by
  law, to:
    1. Enter upon the permittee's premises
  where a regulated facility or activity is
  located or conducted or where records
  must be kept under the conditions of this
  permit;
    2. Have access to and copy at
  reasonable times, any records that must
  be kept under the conditions of this
  permit; and
    3. Inspect at reasonable times any
  facilities or equipment (including
  monitoring and control equipment).
  P. Permit Actions

    This permit may be modified, revoked
  and reissued, or terminated for cause.
  The filing of a request by the permittee
  for a permit modification, revocation
  and reissuance, or termination, or a
  notification of planned changes or
  anticipated noncompliance does not
  stay any permit condition.

  Part VII. Reopener Clause

   A. If there is evidence indicating
  potential or realized impacts on water
  quality due to any storm water
  discharge associated with industrial
  activity covered by this permit, the
  discharger may be required to obtain
  individual permit or an alternative
  general permit in accordance with Part
  I.C of this permit or the permit may be
  modified to include different limitations
  and/or requirements.
   B. Permit modification or revocation
 will be conducted according to 40 CFR
 122.62,122.63,122.64 and 124.5.

 Part VIII. Termination of Coverage
 A. Notice of Termination

   Where a site has been finally
 stabilized and all storm water
 discharges from construction activities
 that are authorized by this permit are
 eliminated, or where the operator of all
 storm water discharges at a  facility
 changes, the operator of the  facility may
 submit a Notice of Termination that is
 signed in accordance with Part VI.G of
 this permit. The Notice of Termination
 shall include the following information:
  1. The mailing address of the
 construction site for which the
 notification is submitted.  Where a
 mailing address for the site is not
 available, the location of the
 approximate center of the site must be
 described in terms of the latitude and
 longitude to the nearest 15 seconds, or
 the section, township and range to the
nearest quarter section;
  2. The name, address and telephone
number of the operator addressed by the
Notice of Termination;

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                 Federal Register  /  Vol. 57, No.  175 / Wednesday, September  9, 1992 / Notices          41225
   3. The NPDES permit number for the
 storm water discharge identified by the
 Notice of Termination;
   4. An indication of whether the storm
 water discharges associated with
 industrial activity have been  eliminated
 or the operator of the discharges has
 changed; and
   5. The following certification signed in
 accordance with Part VI.G (signatory
 requirements] of this permit:
   I certify under penalty of law that all storm
 water discharges associated with industrial
 activity from the identified facility that are
 authorized by an NPDES general  permit have
 been eliminated or that I am no longer the
 operator of the facility or construction site. I
 understand that by submitting this notice of
 termination, I am no longer authorized to
 discharge storm water associated with
 industrial activity under this general permit,
 and that discharging pollutants in storm
 water associated with industrial activity to
 waters of the United States is unlawful under
 the Clean Water Act where the discharge is
 not authorized by a NPDES permit. I also
 understand that the submittal of this notice of
 termination does not release an operator
 from liability for any violations of this permit
 or the Clean Water Act.
   For the purposes of this certification,
 elimination of storm water discharges
 associated with industrial activity
 means that all disturbed soils  at the
 identified facility have been finally
 stabilized and temporary erosion and
 sediment control measures have been
 removed or will be removed at an
 appropriate time, or that all storm water
 discharges associated with construction
 activities from the identified site that
 are authorized by a NPDES general
 permit have otherwise been eliminated.
 B. Addresses
   All Notices of Termination are to be
 sent, using the form provided by the
 Director (or a photocopy thereof),3 to
 the following address: Storm Water
 Notice of Termination, PO Box 1185,
 Newington, VA 22122.

 Part IX. Definitions
  Best Management Practices ("BMPs")
 means schedules of activities,
 prohibitions of practices, maintenance
 procedures, and other management
 practices to prevent or reduce  the
 pollution of waters of the United States.
 BMPs also include treatment
 requirements, operating procedures, and
 practices to control plant site runoff,
 spillage or leaks, sludge or waste
 disposal, or drainage from raw material
 storage.
  Commencement of Construction—The
 initial disturbance of soils associated
  3 A copy of the approved NOT form is provided in
Appendix D of this notice.
 with clearing, grading, or excavating
 activities or other construction
 activities.
   CWA means the Clean Water Act or
 the Federal Water Pollution Control Act.
   Dedicated portable asphalt plant—A
 portable asphalt plant that is located on
 or contiguous to a construction site and
 that provides asphalt only to the
 construction site that the plant is
 located on or adjacent to. The term
 dedicated portable asphalt plant does
 not include facilities that are subject to
 the asphalt emulsion effluent limitation
 guideline at 40 CFR 443.
   Dedicated portable concrete plant—A
 portable  concrete plant that is located
 on or contiguous to a construction site
 and that  provides concrete only to  the
 construction site that the plant is
 located on  or adjacent to.
   Director means the Regional
 Administrator of the Environmental
 Protection Agency or an authorized
 representative.
   Final Stabilization means that all soil
 disturbing activities at the site have
 been completed, and that a uniform
 perennial vegetative cover with a
 density of 70% of the cover for unpaved
 areas and areas not covered by
 permanent  structures has been
 established or equivalent permanent
 stabilization measures (such as the use
 of riprap, gabions, or geotextiles) have
 been employed.
   Flow-weighted composite sample
 means a composite sample consisting of
 a mixture of aliquots collected at a
 constant time interval, where the
 volume of each aliquot is proportional to
 the flow rate of the discharge.
   Large and Medium municipal
 separate storm sewer system means all
 municipal separate storm sewers that
 are either: (i) Located in an incorporated
 place (city)  with a population of 100,000
 or more as determined by the latest
 Decennial Census by the Bureau of
 Census (these cities are listed hi
 Appendices F and G of 40 CFR part 122);
 or (ii) located in the counties with
 unincorporated urbanized populations
 of 100,000 or more, except municipal
 separate storm sewers that are located
 in the incorporated places, townships or
 towns within such counties (these
 counties are listed in appendices H  and I
 of 40 CFR part 122); or (iii) owned or
 operated by a municipality other than
 those described in paragraph (i) or (ii)
 and that are designated by the Director
 as part of the large or medium municipal
 separate storm sewer system.
  NOI means notice of intent to be
 covered by this permit (see Part n of this
permit.)
  NOT means notice of termination (see
Part VIII of this permit).
   Point Source means any discernible,
 confined, and discrete conveyance,
 including but not limited to, any pipe,
 ditch, channel, tunnel, conduit, well,
 discrete fissure, container, rolling stock,
 concentrated animal feeding operation,
 landfill leachate collection system,
 vessel or other floating craft from which
 pollutants are or may be discharges.
 This term does not include return flows
 from irrigated agriculture or agricultural
 storm water runoff.
   Runoff coefficient means the fraction
 of total rainfall that will appear at the
 conveyance as runoff.
   Storm Water means storm water
 runoff, snow melt runoff, and surface
 runoff and drainage.
   Storm Water Associated with
 Industrial Activity means the discharge
 from any conveyance which is used for
 collecting and conveying storm water
 and which is directly related to
 manufacturing, processing or raw
 materials  storage areas at an industrial
 plant. The term does not include
 discharges from facilities or  activities
 excluded from the NPDES program. For
 the categories of industries identified in
 paragraphs (i) through (x) of this
 definition, the term includes, but is not
 limited to, storm water discharges from
 industrial plant yards; immediate access
 roads and rail lines used  or traveled by
 carriers of raw materials, manufactured
 products, waste material, or by-products
 used or created by the facility; material
 handling sites; refuse sites; sites used for
 the application or disposal of process
 waste waters (as defined at 40 CFR 401);
 sites used for the storage and
 maintenance of material handling
 equipment; sites used for residual
 treatment, storage, or disposal; shipping
 and receiving areas; manufacturing
 buildings; storage areas (including tank
 farms) for raw materials, and
 intermediate and finished products; and
 areas where industrial activity has
 taken place in the past and significant
 materials remain and are  exposed to
 storm water. For the categories of
 industries identified in paragraph (xi) of
 this definition,  the term includes only
 storm water discharges from  all areas
 (except access roads and rail lines)
 listed in the previous sentence where
 material handling equipment or
 activities, raw materials, intermediate
 products, final products, waste
 materials, by-products, or industrial
 machinery are exposed to storm water.
 For the purposes of this paragraph,
 material handling activities include the:
 storage, loading and unloading,
 transportation,  or conveyance of any
raw material, intermediate product,
finished product, by-product or waste

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41226	Federal Register /  Vol. 57, No.  175 / Wednesday, September 9, 1992 / Notices
product. The term excludes areas
located on plant lands separate from the
plant's industrial activities, such as
office buildings and accompanying
parking lots as long as the drainage from
the excluded areas is not mixed with
storm water drained from the above
described areas. Industrial facilities
(including industrial facilities that are
Federally, State or municipally owned or
operated that meet the description of the
facilities listed in this paragraph [i)-(xi)
of this definition) include those facilities
designated under 122.26(a)(l)(v). The
following categories of facilities are
considered to be engaging in "industrial
activity" for purposes of this subsection:
  (i) Facilities subject to storm water
effluent limitations guidelines, new
source performance standards, or toxic
pollutant effluent standards under 40
CFR subchapter N (except facilities with
toxic pollutant effluent standards which
are exempted under category (xi) of this
definition);
  (ii) Facilities classified as Standard
Industrial Classifications 24 (except
2434), 26 (except 265 and 267), 28 (except
283), 29, 311, 32 (except 323), 33, 3441,
373;
  (iii) Facilities classified as Standard
Industrial Classifications 10 through 14
(mineral industry) including active or
inactive mining operations (except for
areas of coal mining operations no
longer meeting the definition of a
reclamation area under 40 CFR 434.11(1)
because the performance bond issued to
the facility by the appropriate SMCRA
authority has been released, or except
for areas of non-coal mining operations
which have been released from
applicable State or Federal reclamation
requirements after December 17,1990)
and oil and gas exploration, production,
processing, or treatment operations, or
transmission facilities that discharge
storm water contaminated by contact
with or that has come into contact with,
any overburden, raw material,
intermediate products, finished
products, byproducts or waste products
located on the site of such operations;
inactive mining operations are mining
sites that are not being actively mined,
but which have an identifiable owner/
operator;
   (iv) Hazardous waste treatment,
storage, or disposal facilities, including
those that are operating under interim
status or a permit under Subtitle C of
RCRA;
   (v) Landfills, land application sites,
and open dumps that have received any
industrial wastes (waste that is received
from any of the facilities described
under this subsection) including those
that are subject to regulation under
Subtitle D of RCRA;
  (vi) Facilities involved in the recycling
of materials, including metal scrap
yards, battery reclaimers, salvage yards,
and automobile junkyards, including but
limited to those classified as Standard
Industrial Classification 5015 and 5093;
  (vii) Steam electric power generating
facilities, including coal handling sites;
  (viii) Transportation facilities
classified as Standard Industrial
Classifications 40, 41, 42 (except 4221-
25), 43, 44, 45 and 5171 which have
vehicle maintenance shops, equipment
cleaning operations, or airport deicing
operations. Only those portions of the
facility that are either involved in
vehicle maintenance (including vehicle
rehabilitation, mechanical repairs,
painting, fueling, and lubrication),
equipment cleaning operations, airport
deicing operations, or which are
otherwise identified under paragraphs
(i)-(vii) or (ix)-(xi) of this subsection are
associated with industrial activity;
  (ix) Treatment works treating
domestic sewage or any other sewage
sludge or wastewater treatment  device
or system, used in the storage treatment,
recycling, and reclamation of municipal
or domestic sewage, including land
dedicated to the disposal of sewage
sludge that are located within the
confines of the facility, with a design
flow of 1.0 mgd or more, or required to
have an approved pretreatment program
under 40 CFR 403. Not included are farm
lands, domestic gardens or lands used
for sludge management where sludge is
beneficially reused and which are not
physically located in the confines of the
facility, or areas that are in compliance
with 40 CFR 503;
  (x)  Construction activity including
clearing, grading and excavation
activities except: operations that result
in the disturbance of less than five acres
of total land area which are not part of a
larger common plan of development or
sale;
  (xi) Facilities under Standard
Industrial Classifications 20, 21,  22, 23,
2434,  25, 265, 267, 27, 283, 285, 30, 31
(except 311), 323, 34 (except 3441), 35, 36,
37 (except 373), 38, 39, 4221-25, (and
which are not otherwise included within
categories (i)-(x)).4
  Waters of the United States means:
(a) All waters which are currently used,
were used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters which
  4 On June 4,1992, the United States Court of
Appeals for the Ninth Circuit remanded the
exclusion for manufacturing facilities in category
(xi) which do not have materials or activities
exposed to storm water to the EPA for further
rulemaking. (Nos. 90-70671 and 91-70200).
are subject to the ebb and flow of the
tide;
  (b) All interstate waters, including
interstate "wetlands";
  (c) All other waters such as interstate
lakes, rivers, streams (including
intermittent streams), mudflats,
sandflats, wetlands, sloughs, praire
potholes, wet meadows, playa lakes, or
natural ponds the use, degradation, or
destruction of which would affect or
could affect interstate or foreign
commerce including any such waters:
  (1) Which are or could be used by
interstate or foreign travelers for
recreational or other purposes;
  (2) From  which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or
  (3) Which are used or could be used
for industrial purposes by industries in
interstate commerce;
  (d) All impoundments of waters
otherwise defined as waters of the
United States  under this definition;
  (e) Tributaries of waters identified in
paragraphs (a) through (d) of this
definition;
  (f) The territorial sea; and
  (g) Wetlands adjacent to waters
(other than waters that are themselves
wetlands) identified in paragraphs (a)
through (f)  of this definition.
  Waste treatment systems, including
treatment ponds or lagoons designed to
meet the requirements of CWA are not
waters of the United States.

Part X. State Specific Conditions
  The provisions of this Part provide
modifications or additions to the
applicable  conditions of Parts I through
IX of this permit to reflect specific
additional  conditions identified as part
of the  State section 401 certification
process. The additional revisions and
requirements listed below are set forth
in connection with particular State,
Indian lands and Federal facilities and
only apply to the States, Indian lands
and Federal facilities specifically
referenced.
Region II
  A. Puerto Rico. Puerto Rico 401
certification special permit conditions
revise the permit as follows:
  1. Part LA of the permit is revised to
read as follows:
Part I. Coverage Under This Permit
  A. Permit Area. The permit covers all
areas administered by EPA Region 2 in
the Commonwealth of Puerto Rico.
*****
  2. Part III of the permit are revised to
read as follows:

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               Federal Register  /  Vol. 57. No.  175 / Wednesday, September 9,  1992 / Notices          41227
Part III. Special Conditions,
Management Practices, Commonwealth
Special Conditions, and Narrative
Effluent Limitations.
C. Commonwealth Special Conditions
  1. Prior to the construction of any
treatment system of waters compose
entirely of storm water, the permittee
shall obtain the approval of the
engineering report, plans and
specifications from the Environment
Quality Board (EQB) of Puerto Rico.
  2. The permittee shall submit to EQB
with copy to the Regional Office the
following information regarding its
storm water discharge(s) associated
with industrial activity: The number of
storm water discharges associated with
industrial activity covered by this permit
and a drawing indicating the drainage
area of each storm water outfalls:
  a. For construction activities that have
begun on or before October 1,1992, the
permittee is required to submit the
information listed above no later than
November 15,1992.
  b. For construction activities that have
begun after October 1,1992, the
permittee is required to submit the
information listed above within forty
five (45) days of submission of the NOI.

D. Narrative Effluent Limitations
  1. All discharges covered by this
Permit shall be free of oil sheen at all
times.
  2. The storm water discharges
associated with industrial activity from
construction activities covered by this
permit will not cause violation to the
applicable water quality standards.
*     A    *     *     A
   3. Part IV of the permit is revised to
read as follows:

Part IV. Storm Water Pollution
Prevention Plans
 A. Deadlines for Plan Preparation and
 Compliance
  The plan shall: 1. Be completed prior
 to the submittal of an NOI to be covered
 under this permit and updated as
 appropriate;
  2. For construction activities that have
 begun on or before October 1,1992, the
 plan shall provide for compliance with
 the terms and schedule of the plan
 beginning on October 1,1992. On or
 before November 1,1992, the permittee
 shall submit to EQB with copy to the
 Regional Office, a certification stating
 that the Plan has been developed and
 implemented in accordance with the
 requirements established in this permit.
The certification should be signed by the
person who fulfills the signatory
requirements in accordance with Part
VI.G of this permit.
  3. For construction activities that have
begun after October 1,1992, the plan
shall provide for compliance with the
terms and schedule of the plan
beginning with the initiation of
construction activities. Within thirty (30)
days of submission of the NOI, the
permittee shall submit to EQB with copy
to the Regional Office, a certification
stating that the Plan has been developed
and implemented in accordance with the
requirements established in this permit.
This certification should be signed by
the person who fulfills the signatory
requirements in accordance with Part
VI.G of this permit.
*    *     A    *    ft
  C. Keeping Plans Current. The
permittee shall amend the plan
whenever there is a change in design,
construction, operation, or maintenance,
which has  a significant effect on the
potential for the discharge of pollutants
to the waters of the United States and
which has  not otherwise been addressed
in the plan or if the storm water
pollution prevention plan proves to be
ineffective in eliminating or significantly
minimizing pollutants from sources
identified under Part IV.D.2 of this
permit, or in otherwise achieving the
general objectives of controlling
pollutants  in storm water discharges
associated with industrial activity.
Amendments to the plan may be
reviewed by EPA in the same manner as
Part IV.B above. If events have occurred
which require the modification of the
Plan, the engineer who performs the
corresponding revision must submit to
EQB with copy to the Regional Office, a
certification stating the modifications
performed to the plan. As soon as the
modifications performed to the Plan are
implemented, the person who fulfills the
signatory requirements in accordance
with Part VI.G of this permit shall
submit to EQB with copy to  the Regional
Office, a certification stating that the
modifications of the Plan have been
implemented.
*    *     *     *    *

  D. Contents of Plan
 *    *     *     *    *
   2. Controls.
  d. Approved State or Local Plans
 *    *    *    *     *
   (4) Compliance with the Plan
 requirements does not relieve the
 permittee of his responsibility to comply
 with the provisions of the Sediment and
Erosion Control Plan (Plan CEST, as
referred to in Spanish) required by EQB.
*    *    *    *    *
  4. Part VI.N of the permit is revised to
read as follows:
Part VI. Standard Permit Conditions
  N. Proper Operation and
Maintenance. The permittee shall at all
times properly operate and maintain all
facilities and systems of treatment and
control (and related appurtenances)
which are installed or used by the
permittee to achieve compliance with
the conditions of this permit and with
the requirements of storm water
pollution prevention plans. Proper
operation and maintenance also
includes adequate laboratory controls
and appropriate quality assurance
procedures. Proper operation and
maintenance requires the operation of
backup or auxiliary facilities or similar
systems, installed by a permittee only
when necessary to achieve compliance
with the conditions of the permit. Also,
proper operation and maintenance
includes, but is not limited to, the
effective performance based on
designed facility removals, adequate
funding, effective management, qualified
operator staffing, adequate training,
adequate laboratory and process
controls including appropriate quality
assurance procedures.

Region VIII
  B. Colorado (Federal facilities and
Indian lands). There are no special
conditions pursuant to Colorado 401
certification in this permit for storm
water discharges associated with
industrial activity from construction
activities located on Indian lands in
Colorado. Colorado 401 certification
special permit conditions for storm
water discharges associated with
industrial activity from construction
activities from Federal facilities is
revised as follows:
  1. Part LA of the permit is revised to
read as follows:
Part I. Coverage Under This Permit

  A. Permit Area. The permit covers all
Federal Facilities and Indian Lands
administered by EPA Region 8 in the
State of Colorado.
 *    *    *     *    *

  2. Part III of the permit is revised to
read as follows:

Part III. Special Conditions

  A. Prohibition on non-storm water
discharges.

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 41228	Federal Register / Vol.  57, No. 175 /  Wednesday, September 9,  1992 / Notices
   2.
   b. The following non-storm water
 discharges may be authorized by this
 permit provided the non-storm water
 component of the discharge is in
 compliance with paragraph IV.D.5:
 Discharges from fire fighting activities;
 fire hydrant flushings; waters used to
 wash vehicles or control dust in
 accordance with Part IV.D.2.c.(2);
 potable water sources including
 waterline flushings; irrigation drainage;
 routine external building washdown
 which does not use detergents or other
 compounds; pavement washwaters
 where spills or leaks of toxic or
 hazardous materials have not occurred
 (unless all spilled material has been
 removed) and where detergents are not
 used; air conditioning condensate that
 has not been contaminated by industrial
 activity and no chemicals have been
 added to it; naturally occurring springs
 which have not been altered by the
 industrial activity; uncontaminated
 ground water, and foundation or footing
 drains where flows are not
 contaminated with process  materials
 such as solvents.
B. Releases in Excess ofReportable
Quantities
  1.
  b. The permittee shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be  taken in accordance
with paragraph III.B.3 of this permit to
the appropriate EPA Regional Office at
the address provided in Part V.C
(addresses) of this permit and to the
Colorado Water Quality Control
Division at the following address:
Colorado Department of Health, Water
Quality Control Division, 4300 Cherry
Creek Drive South, Denver, Colorado
80222-1530, Attention: Permits and
Enforcement.
*****
  3. Part IV.B.2 of the permit is revised
to read as follows:
Part IV. Storm Water Pollution
Prevention Plans
B. Signature and Plan Review
*    *    *    *     *
  2. The permittee shall make plans
available upon request to the Director,
 or authorized representative, or in the
 case of a storm water discharge
 associated with industrial activity which
 discharges through a municipal separate
 storm sewer system, to the operator of
 the municipal system. Federal Facilities
 located on non-Indian lands in Colorado
 shall make plans available upon request
 to the Colorado Water Quality Control
 Division.
   4. Part VILA of the permit is revised to
 read as follows:

 Part VII. Reopener Clause
  A. If there is evidence indicating
potential or realized impacts on water
quality due to any storm water
discharge associated with industrial
activity covered by this permit, the
discharger may be required to obtain
individual permit or an alternative
general permit in accordance with Part
I.C of this permit or the permit may be
modified to include different limitations
and/or requirements. If EPA develops
new regulations which specifically
impact storm water permit requirements
or there is a change in statute which
imposes additional requirements, this
permit may be reopened and modified
(following administrative procedures) to
include the appropriate requirements.
Region IX

  C. Arizona. Arizona 401 certification
special permit conditions revise the
permit as follows:
  1. Part LA of the permit is revised to
read as follows:

Part I. Coverage Under This Permit

  A. Permit Area. The permit covers all
areas administered by EPA Region 9 in
the State of Arizona, excluding all
Indian lands.
  2. Part II of the permit is revised to
read as follows:

Part II. Notice of Intent Requirements
  F. Special NOI Requirements for the
State of Arizona. NOIs shall also be
submitted to the State of Arizona
Department of Environmental Quality at
the following address: Storm Water
Coordinator, Arizona Department of
Environmental Quality P.O. Box 600,
Phoenix, Arizona 85001-0600.
  NOIs submitted to the State of
Arizona shall include the well
registration number if storm water
associated with industrial activity is
                                                                               discharged to a dry well or an injection
                                                                               well.
   3. Part III of the permit is revised to
 read as follows:

 Part III. Special Conditions
   C. Compliance with Water Quality
 Standards of the State of Arizona.
 Discharges authorized by this permit
 shall not cause or contribute to a
 violation of any applicable water quality
 standards of the State of Arizona (A.G.
 Rule No. R92-006).
 *    *    *     *    *

   4. Part VIII of the permit is revised to
 read as follows:

 Part VIII. Termination of Coverage
   C. Special NOT Requirement for the
 State of Arizona. NOTs shall also be
 submitted to the State of Arizona
 Department of Environmental Quality at
 the following address:
   Storm Water Coordinator, Arizona  .
 Department of Environmental Quality,
 P.O. Box 600, Phoenix, Arizona 85001-
 0600.
 *     *    *    *    *

   5. The following definition has been
 added to Part IX of the permit:
 Part IX. Definitions
 ****'*

   Significant sources of non-storm
 water includes, but is not limited to:
 Discharges which could cause or
 contribute to violations of water quality
 standards of the State of Arizona, and
 discharges which could include releases
 of oil or hazardous substances in excess
 of reportable quantities under section
 311 of the Clean Water Act (see 40 CFR
 110.10 and 40 CFR 117.21) or section 102
 of CERCLA (see 40 CFR 302.4).
 *   L *    *    *    *

Region X

  D. Alaska. Alaska 401 certification
 special permit conditions revise the
permit as follows:
  1. Part LA of the permit is revised to
read as follows:
Part I. Coverage Under This Permit

  A. Permit Area. The permit covers all
areas administered by EPA Region 10 in
the State of Alaska.
*****

  2. Part II.C of the permit is revised to
read as follows:

Part II. Notice of Intent Requirements

-------
               Federal Register  /  Vol. 57, No. 175 / Wednesday,  September 9, 1992 / Notices         41229
  C. Where to Submit.
*    *    *    *    *
  3. A copy of initial Notice of Intent
(NOI), any NOI for the continuation of
the general permit, and any Notice of
Termination shall be submitted to the
appropriate State regional office,
attention Storm Water Coordinator, as
follows:
Alaska Department of Environmental
  Conservation, Northern Regional
  Office, 1001 Noble Street, suite 350,
  Fairbanks, Alaska 99701, (907) 452-
  1714, Fax: 451-2187.
Alaska Department of Environmental
  Conservation, Southeastern Regional
  Office, 410 W. Willoughby, suite 105,
  Juneau, Alaska 99801, (907) 465-5350,
  Fax: 465-5362.
Alaska Department of Environmental
  Conservation, Southcentral Regional
  Office, 3601 "C" Street, suite 1334,
  Anchorage, Alaska 99503, (907) 563-
  6529, Fax: 562-4026.
Alaska Department of Environmental
  Conservation, Pipeline Corridor
  Regional Office, 411 W. 4th Ave., suite
  2C, Anchorage, Alaska 99502, (907)
  278-8594, Fax: 272-0690.
  4. With the NOI to the State, a brief
description of the activities to be
covered shall be submitted. This shall
be on a single sheet and shall describe
the area to be disturbed to the nearest
acre, the primary pollutants expected
from the  activities and the type of
treatment to be provided.
**.***
  3. Part HI.B.l.b is revised to read as
follows:

Part III. Special Conditions,
Management Practices, and Other Non-
Numeric Limitations
*****
  B. Releases in excess ofReportable
Quantities.
  1.
*****
  b. The permittee shall submit within
14 calendar days of knowledge of the
release a written description of: the
release (including the type and estimate
of the amount of material released), the
date that such release occurred, the
circumstances leading to the release,
and steps to be taken in accordance
with Part III.B.3 of this permit to the
appropriate EPA Regional Office at the
address provided in Part V.C
(addresses) of this permit and to the
appropriate State regional office (see
section II.C for addresses;
*****
  4. Part IV.D.4 of the permit is revised
to read as follows:

Part IV. Storm Water Pollution
Prevention Plans
  D. Contents of Plan.
*****
  4. Inspections. Qualified personnel
(provided by the discharger) shall
inspect disturbed areas of the
construction site that have not been
finally stabilized, areas used for storage
of materials that are exposed to
precipitation, structural control
measures, and locations where vehicles
enter or exit the site at least once every
seven calendar days and within 24
hours of the end of a storm that is 0.5
inches or greater. Where sites have been
finally stabilized, or during seasonal
arid periods in arid areas (areas with an
average annual rainfall of 0 to 10 inches)
and semi-arid areas (areas with an
average annual rainfall of 10 to 20
inches) such inspection shall be
conducted at least once every month.
Monthly inspections shall be conducted
for areas finally until a Notice of
Termination (NOT) has been submitted
for the area.
*****
  E. Idaho. Idaho 401 certification
special permit conditions revise the
permit as follows:
  1. Part LA of the permit is revised to
read as follows:

Part I. Coverage Under This Permit
  A. Permit Area. The permit covers all
areas administered by EPA Region 10 in
the State of Idaho.
*****
  2. Part III of the permit is revised to
read as follows:
Part III. Special Conditions
*****
  C. All storm water shall be treated
and disposed of in such a manner that
the ground water standards of Idaho are
not violated. Such standards are
specified in Section 1.02299 of the
"Idaho Water Quality Standards and
Wastewater Treatment Requirements."
*****
  F.  Washington (Federal facilities and
Indian lands). Washington 401
certification special permit conditions
revise the permit as follows:
  1. Part LA of the permit is revised to
read as follows:

Part I. Coverage Under This Permit

  A. Permit Area. The permit covers all
Federal Facilities administered by EPA
Region 10 in the State of Washington.
*****

  2. Part III of the permit is revised to
read as follows:

Part III. Special Conditions
C. Washington State Standards

  1. This permit does not authorize the
violation of ground water standards
(Chapter 173-200 WAG), surface water
standards (Chapter 173-201 WAC), or
sediment management standards
(Chapter 173-204 WAC) of the State of
Washington. The point of compliance
with surface water standards shall be
determined after consideration of the
assignment of a dilution zone as allowed
under Chapter 173-201 WAC. The  point
of compliance with ground water
standards shall be determined by
applying the provisions of Chapter 173-
200 WAC. The point of compliance with
sediment management standards shall
be determined in accordance with
Chapter 173-204 WAC.
  2. Diversion of storm water discharges
to ground water from existing
discharges to surface water shall not be
authorized by this permit if this causes a
violation or the potential for violation of
ground water standards (Chapter 173-
200 WAC). Such discharges below the
surface of the ground are also regulated
by the Underground Injection Control
Program (Chapter 173-218 WAC).
  3. Washington Department of Ecology
(WDOE) is currently developing a
"Storm Water Pollution Prevention'
Plan" which will require facilities to
assess the potential of their storm water
discharges to violate the Washington
State surface water, ground water, or
sediment management standards. Those
discharges with a high potential to
violate standards  will be required  to
develop and implement a monitoring
program.
  Upon issuance of the "Storm Water
Pollution Prevention Plan" by WDOE,
EPA may reopen this permit to  require
facilities to assess their storm water
discharges and to require additional
monitoring.
BILLING CODE 6560-50-M

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41230
                    Federal Register / Vol. 57, No. 175 / Wednesday, September 9, 1992 / Notices
                                           Appendix C — NOI Form Instructions
                                             S«o R«v«rs« for Instructions
                                                                                            Form Approved,  oua No. BWMOM
                                                                                           	Approvtl ««pt««; t-31-M
    NPDE8
    FORM
                  &EPA
                       United States Environmental Protection Agency
                                Washington, DC 20460
Notice of Intent (NOI) for Storm Water Discharges Associated with Industrial
	Activity Under the NPDES General Permit	
OTlt-TTInOKfUlI Ul um ITOUW wi IIIKIKL wifeuiuvoB irwuwo UK>I u ro pm ij rwiiwinTu MI ww*uwn i wi uiio IWIIM HIVDIIWO iw ww OMUM^I t*vw wy aim urb*w pwi inn IOOUTTW IWI OU/IMI
wsisr discharge* associated with Industrial activity In the State Identified In Section II of this form. Becoming a permittee obligates such discharger to comply with
ftw terms *nd conditions of S» permit.  ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM.
 I. Facility Operator Information
                                                                                     _i	I  Phone: I  '   i   I  '   i   I  i   '   '
 Mdiatt: L_i_
                                                                                                    Status of
                                                                                           i   i  I    Owner/Operator:
 City:
         I
                            i   i   i   i  i
                                               i   i   i   i
                                                                    J  State: I   t   I   ZIP Code:  |_
                                                                                                        i  i   i   i
                                                                                                   Is the Facility Located on
                                                                                                   Indian Lands? (Y or N)
 II. Facility/Site Location Information


 Nsma°   I   i   .  .  i   t   .  i   t   .  i   t   .   i  .   .   .  i  .   i   .  i   .   i   .  .   .   i  i   i   I


 Address: '   '   '  '


 CHy:     I  i   i  i


 Latitude:  I  I   I  I  I   I   I  Longitude: I  i   i   I  i   I   i   I Quarter: I  .   I Section: I   i   I Township: I  ,   ,   ,  I  Range:
                          i   i  i   .
                                          i   i   i  i
                                                                       J  State: I	|_J  ZIP Code: l_L_L_i_
                            ttit
III. Silo Activity Information


MS4 Operator Name:   L_i


ReoaMng Water Body:  I  .   .  .   .   .
II You are Fding as a Co-permittee,         .                        .   Are There Existing
Entor Storm Water General Permit Number:  I  ........   I   Quantitative Data? (Y or N)


SIC or Designated             ,           ,           ,           ,           .          .        ,           ,
Activity Coda;        Primary:   I   .   i  .   I     2nd:   I   i  i  i   I     3rd:   I  i   i   i  I  4th:   I  i   i   .   I


If This Facility is • Member of a Group         .           .
Application, Enter Group Application Number:    I   i   .  '   I

II You Have Other Existing NPDES    ,                        .  .                         ,  ,
Permits. Enter Permit Numbers:      I   '  '  '   '   '  '   '   '  '  I   '   '   •  •   .  '   .   •   I  I   i   i  .   .   .   .
                                                                                             Is the Facility Required to Submit  I    I
                                                                                             Monitoring (Data? (1, 2, or 3)      I	I
 IV, Additional Information Required for Construction Activities Only
Project
Stan Dsto;
                       Completion
                       Date:
                                            Estimated Area to be
                                            Disturbed (in Acres):
                                                                                  Is the Storm Water Pollution Prevention Plan
                                                                                  In Compliance with State and/or Local
                                                                                  Sediment and Erosion Plans? (Y or N)
                                     i  In Compliance with State and/or Local
n
 V. Csrtflcatloo: 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 gather and evaluate the information submitted. Based on my inquiry of the person or persons who
 manage «» system, or Biose persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge andbefef, true,
 accurate, and eomptote. I am aware that there are significant penalties for submitting  false information, including the possibility of fine and imprisonment for
 knowing violations.
 Print Mama:

 I — I — I — i — I — t — i — I — I — I — I — i — '
                                       '   i   i
                                                        i  i
                                                                   i  i   i
                                                                                              Date:

                                                                                              I.I.I.
EPA Form 3510-8 (8-82)

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                          Federal Register  / Vol. 57. No. 175 /  Wednesday, September 9, 1992  / Notices
                                                                                                                              41231
                                                               Instructions - EPA Form 3510-«
                                     Nolle* Of Intsnt (NO!) For Storm Water Discharges Associated With Industrial Activity
                                                      To Be Covered Undsr Th* NPOES General Permit
Who Musi FIX A Notice Of Intent (NOI) Form

Federal lew at 40 CFR Part 122 prohibits  point source discharge* of storm water
associated with industrial activity to a water body(ies) of the U.S. without a National
Pollutant Discharge Elimination System (NPDES) permit  The operator of an industrial
activity that has such a storm water discharge must submit a NOI to obtain coverage
under the NPDES Storm Water General Permit  H you have question* about whether
you need a permit under In* NPOES Storm Water program, or if you need information
as to whether a particular program is administered by EPA or a state agency, contact
the Storm Water Hotline at (703) 821-4823.

When To File NOI Form

NOI* must be sent to the following  address:

           Storm Water Notice of Intent
           PO Box 1215
           Newington, VA 22122

Completing The Form

You must type or print using upper-case letters, in the appropriate areas only.  Please
place each character between the  marks.  Abbreviate if necessary to stay within the
number of characters allowed for each item.  Use one space for breaks between words,
but not for punctuation merits unless Ihey are needed to clarify your response. If you
have any questions on this form, call the Storm Water Hotline at (703) 821-4823.

Section I Facility Operator Information

Give the legal name of the person, firm, public  organization. Of any other entity that
operates the facility or site described in this application. The name of the operator may
or may not be the same as the name of the facility. The responsible party is the legal
entity that controls the facility's operation, rather than the  plant or site manager. Do not
 use a colloquial name.  Enter the complete address and  telephone number of the
operator.

 Enter the appropriate letter to indicate the legal status of the operator of the facility.
           F « Federal
           S - State
M . Public (other than federal or state)
P . Private
Those facilities that must submit monitoring data (e.g., choice 2) are: Section 313
EPCRA facilities; primary metal industries; land disposal units/indneralors/BIF*: wood
treatment facilities; facilities wild coal pile runoff: and. battery reclaimers.

List, in descending  order  of  significance,  up  to four 4-digit standard industrial
classification (SIC) codes that best describe the principal product* or services provided
at the facility or site identified in Section II of this application.

For Industrial activities defined In 40 CFR 122.26(b)(14)(IMxl) that do not have SIC
codes that accurately describe the principal products produced or services provided, the
following 2-character codes are to be used:

HZ  -  Hazardous waste treatment, storage, or disposal facilities, including those that
        are operating under interim status or a permit under subtitle C of RCRA [40
        CFR  122.26 (b)(14)(iv)];
        Landfills, land application sites, and open dumps that receive or have received
        any industrial wastes,  including those that are subject to regulation under
        subtitle D of RCRA [40 CFR 122.26 (b)(14)(v)];
        Steam electric power generating facilities, including coal handling sites [40 CFR
        122.26 (b)(14)(vii)];
TW -  Treatment works treating domestic sewage or any other sewage sludge or
        wastewater  treatment  device  or system, used in the storage,  treatment
        recycling, and reclamation of municipal or domestic sewage [40 CFR 122.26
 Section II FaelHty/SKe Location Information

 Enter the facility's or site's official or legal name and complete street address, including
 city, state, and ZIP code. If the facility or site lacks a street address, indicate the state.
 the latitude and  longitude of the  facility to the nearest 15 seconds, or the quarter,
 section, township, and range (to the nearest quarter section) of the approximate center
 of the site.

 Indicate whether the facility is located on Indian lands.

 Section III SK* Activity Information

 If the storm water discharges to a municipal separate storm  sewer system (MS4), enter
 the name of the operator of the MS4 (e.g.. municipality name, county name) and the
 receiving water of the discharge from the MS4. (A MS4 is defined as a conveyance
 or system of conveyances (including roads with drainage systems, municipal streets,
 catch basins, curbs,  gutters, ditches, man-made channels, or  storm drains) that is
 owned Or operated by a state, city, town, borough, county,  parish, District association,
 or other public body which is designed or used for collecting or conveying storm water.)

 If the facility discharges storm water directly to receiving water(s), enter the name of the
 receiving water.

  If you are filing as a co-permittee and a storm water general permit number has been
 issued, enter that number in the space provided.

  Indicate whether or not the owner or operator of the facility has existing quantitative
  data, that represent the characteristics  and concentration of pollutants in storm water
  discharges.

  Indicate whether the facility is required to submit monitoring data by entering one of the
  following:

      1 * Not required to submit monitoring dak:
      2 - Required  to submit monitoring data;
      3 - Not required to submit monitoring data; submitting certification for monitoring
          exclusion
                                                 LF
                                                 SE
 CO .  Construction activities (40 CFR 122.26 (b)(14)(x)].

 If the facility listed in Section II has participated in Part 1 of an approved storm water
 group application and a group number has been assigned, enter the group application
 number in the space provided.

 If there are other NPDES permits presently issued for the facility or site listed in Section
 II. list the permit numbers. If an application for the facility has been submitted but no
 permit number has been assigned, enter the application number.

 Section IV  Additional Information Required for Construction Activities Only

 Construction activities must complete Section  IV In addition to Sections I through III.
 Only construction activities need to complete Section IV.

 Enter ma project start  date and  the  estimated  completion  date  for  the entire
 development plan.

 Provide an estimate of the total number of acres of the site on which soil will be
 disturbed (round  to the nearest acre).

 Indicate whether the storm water pollution prevention plan foftfie iita^is in compliance
 with approved state  and/or local  sediment and erosion plans, permits, or storm water
 management plans.

 Section V  Certification

 Federal statutes provide for severe penalties  for submitting false information on this
 application form. Federal regulations require this application to be signed as follows:

 For a corporation: by a  responsible corporate officer, which means: (i) president
 secretary, treasurer, or  vice-president of the corporation  in charge of  a  principal
 business function, or any other person who performs similar policy or decision making
 functions, or (ii) the  manager of one or more manufacturing , production, or operating
 facilities employing more than 250 persons or having gross annual sales or expenditures
 exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents
 has been  assigned or  delegated to  the  manager  in  accordance with corporate
 procedures;

  For a partnership or sola proprietorship: by a general partner or the proprietor; or

  For a municipality, state, Federal, or other public facility: by either a principal executive
  officer or ranking elected official.

  Paperwork Reduction Act Notice                          /

   Public reporting burden  for this application  Is estimated to average 0.5 hours  per
   application, including time for reviewing instructions, searching existing data sources,
   gathering and maintaining the data needed, and completing and reviewing the collection
   of information.  Send comments regarding the burden estimate, any other aspect of the
   collection  of information, or suggestions for  Improving  this  form,  including any
   suggestion* which  may increase  or reduce IN* burden to: Chief, Information  Policy
   Branch.  PM-223.  U.S.  Environmental Protection  Agency,  401   M  Street SW,
   Washington, DC 20460, or Director, Office of Information and Regulatory Affairs, Office
   of Management and Budget Washington, DC 20503.

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41232
                  Federal Register / Vol. 57, No. 175 / Wednesday, September 9,  1992 / Notices
                                              Appendix D — NOT1 form Instructions
                                Please Sea Instructions Before Completing This Form
                                                                                             Form Approved.  OMBNa.2M04ott
                                                                                                            Approw* «pkw: t-SI-es
    NPDE3
     FORM
               &EPA
                                                                      United States Environmental Protection Agency
                                                                               Washington. DC 20460
Notice of Termination (NOT) of Coverage Under the NPDES General Permit
      for Storm Water Discharges Associated with Industrial Activity	
  Submission of this Notice of Termination constitutes notice Biat «w party Wentffied In Section II of thte form fe no longer authorired to dfeetmrgestoim
  associated wflh Industrial activity under the NPDES program.  ALL NECESSARY INFORMATION MUST BE PROVIDED ON THIS FORM;
   I. Permit Information

   NPDES Storm Water
   General Permit Number:
                                                    Check Here If You are No Longer
                                                    tie Operator of the Facility:
                                                Check Here If the Storm Water
                                                Discharge te Being Terminated:
   11, Facffity Operator information


   Name*   iiitiit
                                                                         i   t   i   i  i . i   i   I Phone: L_i_i—i—L....x.,.J—I	L...J	j
   Address: 1,  i  ,,i,  i,  i—i—i—i—i—j—i—i—i—i—i—i—L._J—:—i—i.._i—t—i—i_..i—i....j—i....i—=.—!.„.]



   Ctty:     !   I   t, ?  !,,!,, '„„',.,,) j  i   i  ,i ...i	!	>	i... ,i  ,»   '  !  !_i   State:   L.J.....J     ZIP Code: Lj__jL__JL_j_j..LL__i__L._j_
III. FacWy/Sfte Location Information


Kama:   I ........ i ........ i. ,.i ,.,,;,  i  i ....... i
                                 t ....i.,,...? ,,_<„
                                                                                       s ___ L._J _ J
   Address:! — i — i — i — i — i — i — i — i_a — t— . i— J  ..i,  i.,,,i ,,,i  ,i,,  i— i — i._j — t — t — i__j__ju_a__i._j__i.__i_J



   CHy:     I   '   •  i ...i....... i. . ...... i...»  LI..'   'i  r  i  i  A  i _j _n J   State:   L..i_J     ZIP Code: i. .1.. i  i  . .1.  i   i   i  . ,j__



   Ltfltida: I   I  III  I   J  Longitude: i ....... 1 ....... 1 ...... 1 ..... .1 ..... 1 ..... 1 ..... .1 Quarter; l_i_J SwJton: L.J...J  Township:  I  .  ...   =   i Ranga-  L.JL_J™I,J
  IV. Certification: I certify under panaSyof law tm an «torm water dischargee associated with takistrlal activity from the lo^ntifM
  NPDES general permit have boon eliminated or fiat I am rtobno^«iecf>eratcfc4Siefacniyw construction site.  I understand that by submitting this Notice of
  Tefrnkwson. I am no longer authorized to discharge storm water associated with Industrial activity under this general permit, and that discharging polutants In
  storm water associated with Industrial activity to waters of the United States Is unlawful under tie dean Water Act where the discharge is not authorized by a
  NPDES permit I also understand ffiat tie submftlal of this Notice of Temilrattkxio^esrtot release an operator from ttaUlty for any vlolafions of this pern
  dean Water Act
  Print N«m»:
                                                                 t                              :           :     '      :
                                                                ,i.,-M-,,..i ,.A,,, ;,	.;.....!..,..,;..,,'	i	ji_J   Date:    I	i	i	L...i
   Sgrwluw:
                                        InitrucUon* for Competing Notlc* of Termination (NOT) Form
     Who *Uy ni« • Nolle* of Termination (NOT) Form

     P*on&»«» who *n pnttntly covtrtd undtr ttw EPA toiutd N«flonol PoNuttnt
     Dkctwo* E«mlntton SyiUm (NPDES) General Permit for Storm Water
     tXcntraw Auodaled wllh India trial ActMy rmy tubmlt • Notice of Termination
     (NOT) torm vrtwn flwlr fadltfl«* no (onger have eny  ttorm water dUchergee
     •Hodued wHi IndutMtl edMv es delkied In the ttorm weler regubdkini at 
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                          Federal Register / Vol. 57, No. 175 / Wednesday, September 9,  1992 / Notices
                                                                         41233
                                                            Instruction* - EPA Form 3510-7
                                        Nolle* of Termination (NOT) of Coverage Under The NPDES General Permit
                                             for Storm Water Dl*ch«rgo» Associated With Industrial Activity
Section I  Permit Information

Enter the existing NPDES Storm Water General Permit number assigned to the
facility or site Identified In Section III.  If you do not know the permit number,
contact the Storm Water Hotline at (703) 821-4823.

Indicate your reason for submitting this Notice of Termination by checking the
appropriate box:

     If there has been a change of operator and you are no longer the operator
     of the facility or ste Identified hi Section III, check the corresponding box.

If ail storm water discharges at the facility or lite Identified in Section III have been
terminated, check the corresponding box.

Section H Facility Operator Information

Give the legal name of the person, firm, public organization, or any other entity that
operates the facility or site described in this application. The name of the operator
may or may not be the same name as the facility. The operator of the facility Is
the legal entity which controls the facility's operation, rather than the plant or site
manager.  Do not use a colloquial name.  Enter the complete address and
telephone number of the operator.

Section III FacllHy/SHe Location Information

Enter the facility's or site's official or legal name and complete address, including
dty, state and ZIP code. If the facility lacks a street address, indicate the state,
the latitude and longitude of the facility to the nearest 15 seconds, or the quarter,
section, township, and range (to the nearest quarter section) of the approximate
center of the site.
Section IV Certification

Federal statutes provide for severe penalties for submitting false information on
this application form. Federal regulations require this application to be signed as
follows:

For a corporation: by a responsible corporate officer, which means: (I) president,
secretary, treasurer, or vice-president of the corporation In charge of a principal
business function, or any other person who performs similar policy or decision
making functions, or 00 the manager of one or more manufacturing , production,
or operating facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the  manager In
accordance with corporate procedures;

For a partnership or sola proprietorship: by a general partner or the proprietor; or

For a munidpaBty, State, Federal, or other public facility: by either a principal
executive officer or ranking elected official.

Paperwork Reduction Act Notice

Public reporting burden for this application is estimated to average 0.5 hours per
application,  Including time for  reviewing Instructions, searching existing data
sources,  gathering and maintaining  the data needed, and completing  and
reviewing the collection of information.  Send comments regarding  the burden
estimate, any other aspect of the collection of Information, or suggestions for
improving this form. Including any suggestions which may Increase or reduce this
burden to:  Chief, Information  Policy Branch,  PM-223, U.S.  Environmental
Protection Agency. 401 M Street, SW, Washington, DC 20460, or Director, Office
of Information and Regulatory Affairs,  Office of Management and Budget,
Washington, DC 20503.
  (FR Doc. 92-21385 Filed 9-8-92; 8:45 am]
  BILLING CODE 6560-50-C

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