NPDES/SDS General Permit MNG490000 for Nonmetallic

Mining and Associated Activities

Theresa HaugenTheresa.haugen@state.mn.us

218-316-3920

Minnesota Asphalt Pavement Association Environmental Training March 2016

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Agenda

NPDES/SDS permits

MNG490000 permit:

What types of discharges are covered?

Which activities are covered?

Other MNG49 permit requirements

New this permit term

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What is a permit?

In general, a permit is a license:

Issued by the government;

To conduct an activity that would be illegal otherwise;

Privilege not a right; and

Revocable

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What is a NPDES permit?

National Pollutant Discharge Elimination System (NPDES) permit is a license to discharge wastewater and/or stormwater.

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History (pre-1972)

Unregulated dumping of pollution and toxic substances into rivers, lakes, and wetlands

Waterways became extremely polluted

Cuyahoga River Fire Nov. 3,

1952Photo: Cleveland State University Library

Scum on Lake Tahoe, 1972 Photo: Belinda Rain for DOCUMERICA

Steel plant, Aliquippa, PA,

1973Photo: DOCUMERICA

Clean Water Act – 1972

Objective: restore and maintain the chemical, physical, and biological integrity of the Nation’s waters

Environmental Protection Agency

National Pollutant Discharge Elimination System (NPDES)

Water Quality Standards

Financing for pollution controls

Dramatic water quality improvements

NPDES/SDS Permit

• National Pollutant Discharge Elimination System Permit (NPDES)

• State Disposal System Permit (SDS)

• For example, Construction and Industrial Stormwater Permits are NPDES/SDS Permits

• MPCA has General Permit authority under the Clean Water Act (CWA) and Minnesota Rules and Statutes

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Federal –

National

Pollutant

Discharge

Elimination

System

(NPDES)

State -

State Disposal

System (SDS)

Minn. Stat. ch.

115

Regulates water

discharges to

the ground surface

or subsurfaceNPDES/SDS

Permits

What’s a general permit?

An umbrella like permit which covers many similar facilities and discharges.

1 permit issued -> many facilities covered

Appropriate where Multiple, similar sources (e.g., same type of

facility or similar process) within the same geographic area require permit coverage

Sources have similar discharges and would require the same or similar permit conditions

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What’s an individual permit?

A permit uniquely tailored to the facility and its discharges

1 application submitted -> 1 permit issued

Appropriate where facility-specific permit conditions (e.g., effluent limitations, management practices, monitoring and reporting, etc.) are needed.

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NPDES/SDS Permits

All aggregate mining/asphalt facilities required to obtain stormwater and wastewater coverage through:

MNG490000 Nonmetallic Mining and Associated Activities• Includes coverage for construction stormwater, industrial stormwater, and certain wastewater

activities.• Permit issuance fee: $1240• Annual fee: $345

General Industrial Stormwater Multi-sector Permit• Stormwater only • No Exposure exclusion is option if no industrial activities or significant materials are exposed. May also

need to obtain general construction stormwater permit if disturbing more than 1 acre.• Permit issuance fee: $400/site• Annual fee: $400/site

Individual Permit• Covers wastewater activities and industrial stormwater discharges.• May also need to obtain general construction stormwater permit if disturbing more than 1 acre.• Permit issuance fee: $9300• Annual fee: Based on design flow, commonly $1230

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What does the MNG49 cover?

Discharges to groundwater

Discharges to surface water

What types of discharges?Stormwater, industrial

Stormwater, construction

Wastewater

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What TYPES OF ACTIVITIES are covered?

Subsector J1

Construction sand and gravel mining - SIC 1442

Industrial sand mining - SIC 1446

Subsector J2

Dimension stone - SIC 1411

Crushed and broken limestone mining/quarry area - SIC 1422

Crushed and broken granite mining/quarry area - SIC 1423

Crushed and broken stone mining/quarry area (not elsewhere classified) - SIC 1429

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What TYPES OF ACTIVITIES are covered?

Subsector D1 Hot mix asphalt production areas (asphalt paving

mixtures and blocks) - SIC Code 2951. This includes portable hot mix asphalt plants.

Subsector E2 Concrete block and brick (SIC Code 3271) Concrete products other than block and brick (SIC Code

3272) Ready-mix concrete (SIC Code 3273). This includes portable concrete plants.

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Wastewater (Non-stormwater) Discharges

Dewatering is a wastewater ALLOWED to be discharged to Surface Water (listed on permit, page 3, under part 1.2): Subsector J1 facilities Subsector J2 facilities

Wastewater NOT allowed to be discharge to Surface Water(permit, page 3, under part 1.3): Wash water (J1 and J2) Wet scrubber wastewater (D1 facilities) Washing trucks, mixers, transport buckets, etc. (E2 facilities) Uncontaminated scale deck wash water (no detergents, solvents or degreasers) Mixture of stormwater and deck wash water stored in holding tanks Wash water to clean equipment (no detergents, solvents, or degreasers) Waters used to control dust on crushers, conveyors, associated equipment and

roadways

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Wastewater (Non-stormwater) Discharges

Wastewater ALLOWED to be discharged to surface waters (permit, page 4, under part 1.4): Emergency fire-fighting activities Fire hydrant and fire suppression system flushing Potable water line flushing Uncontaminated condensate from air conditioners,

coolers, other compressors, outside storage of refrigerated gases or liquids

Landscape watering provided all pesticides, herbicides and fertilizers have been applied in accordance with manufacturer’s instructions

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Wastewater (Non-stormwater) Discharges CONT.

Wastewater ALLOWED to be discharged to surface waters (permit, page 4, under part 1.4): Pavement wash waters where no detergents are used and no

spills or leaks of potential pollutants have occurred unless all spilled material has been removed (fertilizers, salts, hazardous materials, etc)

Routine external building wash down that does not use detergents, solvents, or degreasers.

Uncontaminated groundwater or spring water. Foundation or footing drains where flows are not contaminated. Incident windblown mist from cooling towers that collects on

rooftops or adjacent portions of the facility, but not intentional (“piped”) discharges from the cooling tower

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Wastewater (Non-stormwater) Discharges

Wastewater NOT ALLOWED to be discharged to waters of the state (permit, page 4, under part 1.6-1.12): Dewatering of mine or quarry areas other than those under Subsector J1and J2. Surface water discharges of scrubber or other air emissions control wastewater, cooling or boiler wastewater, floor drains

from process areas, equipment/vehicle washing, cleaning and maintenance wastewaters, and sewage. Contaminated groundwater discharges. Petroleum refineries. Facilities that manufacture asphalt or asphalt emulsions. Industrial sand mines (SIC 1446) that utilize HR flotation. Dredging or filling of wetlands or other surface waters of the state. Discharges of hazardous substances, lubricants, fuel leaks, or fuel spills. Sites for which Environmental Assessment Worksheets or Environmental Impact Statements are required by Minn. R. ch.

116D and/or 42 U.S.C. Sec 4321 - 4370f, until that environmental review is completed. Existing discharges or new and expanded discharges that will cause or contribute to a violation of water quality standard

unless it meets the requirements of 40 CFR 122.44 and 122.4(i), respectively. Discharges that adversely impact or contribute to the impact on a listed endangered or threatened species Discharges that adversely affect properties listed or eligible for listing in the National Register of Historic Places or

known/discovered archeological sites. Discharges to calcareous fens listed in Minn. R. 7050.0180, subp. 6.b. Mine site dewatering discharges from Subsector J1 and J2 facilities to the following receiving waters:

Prohibited Outstanding Resource Value Waters (ORVW) Department of Natural Resources (DNR)-designated trout waters. DNR-posted fish-spawning areas.

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Controlling Wastewater Discharges

Must meet effluent limits

All dewatering must discharge to a control device whenever possible (sedimentation basin or infiltration basin). If not, BMPs must be in place to protect receiving waters and erosion must be prevented at outfalls

Specific BMPs for on-site discharges of Wet Scrubber Wastewater (D1 facilities) and Subsector E2 facilities (page 11, part 5.7)

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Controlling Wastewater Discharges

Specific BMPs for Ready Mix and other Concrete Operations (E2 facilities):

Dikes or berms for containment of wastewater

Containment basins constructed to: Allow for infiltration of wastewater

Have maximum separation from groundwater

Have sufficient capacity to contain wastewater and any precipitation from a 10-year, 24-hour storm event

Must not be constructed in areas with standing water

Remove solids from containment structures

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Stormwater Discharges

Stormwater allowed to discharge to Surface Waters: All Subsectors

Includes materials approved in Minn. R. 7035.2860 (Beneficial Use of Solid Wastes)

Includes construction activities

Includes maintenance activities

Special Requirements exist for discharges to or within 2000 feet of Outstanding Resource Value Waters (ORVWs) and Trout Waters

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Pollution Prevention Plan

Starts on page 15 , section 6 of the permit. : Goal - to eliminate or minimize the contact of stormwater with

significant materials that may result in pollution in runoff ANDcorrectly manage non-stormwater discharges

Assess the sources of pollutants to stormwater, and make an inventory/list of sources

Document all Best Management Practices (BMPs), structural and non-structural

Create a site map. Include location of discharge points (dewatering and stormwater) surface waters, impaired waters, ORVWs (if applicable), topography, location of materials and BMPs, etc

Assess sources specific to D1 and E2 facilities (page 16, part 6.12-6.13)

Develop prior to submitting application for permit coverage Update plans annually

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Site map

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Inspection Reports

Starts on page 17, section 7 of permit:

Develop and implement an inspection schedule

Must have a minimum of one inspection per calendar month

Minimum of one inspection per year during snowmelt or other precipitation event

Record and retain with the Pollution Prevention Plan

Specific inspection requirements for D1 and E2 facilities

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Monitoring Discharges

Stormwater Twice annually - two runoff events (spring and fall)

In the first 30 minutes, at least 72 hours apart

An exceedance of the intervention limit is not a violation, but you must perform corrective actions

http://www.youtube.com/watch?v=AmEJUNp44aU&feature=youtu.be.

Wastewater All dewatering activities must monitor for Flow

Monitor quarterly

Must meet effluent limits for Total Suspended Solids (TSS) and pH

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Electronic Discharge Monitoring Report (eDMRs)

eDMRS are required for all sites covered

under MNG49Wastewater (i.e., dewatering)

Must submit monitoring results quarterly

Due 21st day after end of monitoring period

If no discharge that quarter?

Still submit eDMR and indicate “No Flow” by selecting that box.

Stormwater

Must submit monitoring results annually

Due January 21st each year

If no stormwater runoff occurred?

Still submit eDMR and indicate “No Flow” with explanation in comments section.

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eDMRs

To submit, need to create an eDMR account, go to: https://rsp.pca.state.mn.us/TEMPO_RSP/Orchestrate.do?initiate=true

A video tutorial on how to establish a new eDMR account: https://www.youtube.com/watch?v=S-9rDuoRtPI

Step by step instructions can be found at: https://www.pca.state.mn.us/sites/default/files/wq-wwprm7-99.pdf

Who should I contact? Find a link to your compliance staff person: https://www.pca.state.mn.us/sites/default/files/wq-wwtp1-10.pdf

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New Terms

TEMPORARILY INACTIVE SITE

• Ensure permanent stormwater BMPs are in place

• No inspection report needed

• Intervention limit monitoring (stormwater monitoring) is not required. Indicate ‘temporary inactivity’ and permanent BMPs in the Comment field of the eDMR.

• Sampling is required for the year the site becomes active

INACTIVE SITE

• Begin stabilization immediately after activities cease

• Restore area to intended state

• Complete final stabilization

• No inspection reports needed

• To be released from coverage (and requirements), certify and submit Site Inventory Form

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New Requirements

Monitoring waiver request opportunityA professional engineer must design (for new

facilities) or verify (for existing facilities) that the stormwater control device and/or the dewatering control device can contain the volume from a 10-year, 24-hour storm event

Limits must be met, but no monitoring is required

No DMRs are required to be submitted

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New Requirements

Additional monitoring for dewatering activities:

To be submitted with the application for reissuance near the end of the permit term (permit applications will be due May 4, 2016)

• Total Dissolved Solids

• Hardness

• Oil & Grease and surfactants

• Metals (specific list in permit, page 20, part 8.20)

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New Forms

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New Forms

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New Forms

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New Forms

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MNG49 Website:

http://www.pca.state.mn.us/iryp90f

Applicability (audit form)

Permit information and forms

Requirements

Info on eDMRs

Other requirements (MPCA and non-MPCA)

Citizen Complaint Form

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MNG49 Permit Process

Five year permit term

Expires October 31, 2016

30 day public notice period on draft permit

Sign up for to receive public comment notification:

https://public.govdelivery.com/accounts/MNPCA/subscriber/new

Reapply by May 4, 2016

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Reapply for the MNG49 permit

To reapply for the MNG49 permit, fill out and submit following forms along with signature, attachments as required, and payment to the MPCA St. Paul Office.

1. Permit Application Checklist for Miscellaneous Waste Types (wq-wwprm7-04c)• https://www.pca.state.mn.us/sites/default/files/wq-wwprm7-04a.doc

2. Transmittal form (wq-wwprm7-03)• https://www.pca.state.mn.us/sites/default/files/wq-wwprm7-03.doc

3. Nonmetallic Mining and Associated Activities application (wq-wwprm7-25)• https://www.pca.state.mn.us/sites/default/files/wq-wwprm7-25.doc

Please be sure that site maps are submitted with the permit application (question #27 on Nonmetallic Mining and Associated Activities application).

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MNG49 Permit Process

Currently drafting MNG49 permit. Potential changes:

New language on industrial sand mining (SIC 1446) authorization

Wastewater basin design and construction requirements for 1.3 wastewaters

Ready-mix wastewater containment basin requirements Chemical additive inventory addition to PPP Timeline for actions required of IL exceedance Additional monitoring requirements New definitions Other minor clarifications

NOTE: Items listed above are subject to change.

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Questions?

Theresa Haugen

Theresa.haugen@state.mn.us

218-316-3920

Additional Slides

Theresa Haugen

Theresa.haugen@state.mn.us

218-316-3920

Special Requirements for Stormwater

Stormwater discharges within 2000 feet of an ORVW must: Maintain an undisturbed buffer zone of not less than 100 linear feet from the

receiving water (see permit for exceptions) Infiltrate stormwater to groundwater If unable to infiltrate, then implement the following BMPs:

• All positive slopes to surface water must have temporary erosion protection or permanent cover within 7 days after area is no longer actively being worked.

• Exposed soils with 3:1 slope or steeper toward the surface water must have temporary erosion protection or permanent cover within 3 days after the area is no longer actively being worked.

• Temporary sediment basins are required for common drainage locations that serve 5 or more acres disturbed at one time

• A volume of one inch from new impervious surfaces must be treated by a stormwater management system

Stormwater discharges within 2000 feet of a trout stream must: Implement BMPs for temperature control (specified in permit)

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