Pennit No.: AKS-052558 Page 1 of 55 United States Environmental Protection Agency Region 10 1200 Sixth Avenue, Suite 900 Seattle, Washington 98101 Authorization to Discharge Under the National Pollutant Discharge Elimination System 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", the Municipality of Anchorage and the Alaska Department of Transportation and Public Facilities (hereinafter ''permittees'') are authorized to discharge from all municipal separate stonn sewer system (MS4) outfalls existing as of the effective date of this permit to receiving waters of the United States which include Cook Inlet, Eklutna River, Edmonds Creek, Mink Creek, Mirror Creek, Peters Creek, Fire Creek, Eagle River, Meadow Creek, South Fork Eagle River, Ship Creek, Chester Creek, North Fork Chester Creek, Middle Fork Chester Creek, South Fork Chester Creek, Fish Creek, Campbell Creek, North Fork Campbell Creek, South Fork Campbell Creek, Little Campbell Creek, Craig Creek, Furrow Creek, Hood Creek, Little Survival Creek, Rabbit Creek, Little Rabbit Creek, Potter Creek, Bird Creek, India!J Creek, and Glacier Creek, their tributaries, associated lake systems, and wetlands located within the corporate boundary of the Municipality of Anchorage, in accordance with the conditions set forth herein. This permit shall become effective February 1,2010. This permit and the authorization to discharge shall expire at midnight, January 31, 2015. The permittees shall reapply for permit reissuance on or before August 4,2014, 180 days before the expiration of this permit, if the permittees intend to continue operations and discharges from the MS4s beyond the tenn of this permit. Signed this 2. ~~ day of 0 .:-+-=> ~if 2009. Michael A. :n-ussell, irector Office of Water and Watersheds, Region 10 U.S. Environmental Protection Agency Permit No.: AKS-052558 Page 2 of 55 Table of Contents I. Applicability .....................................................................................................................................3 I.A. Permit Area....................................................................................................................................3 I.B. Discharges Authorized Under This Permit....................................................................................3 I.C. Permittees’ Responsibilities..........................................................................................................3 I.D. Limitations on Permit Discharges.................................................................................................4 II. Storm Water Management Program Requirements........................................................................6 II.A. General Requirements and Program Coordination.......................................................................6 II.B. Minimum Control Measures.........................................................................................................7 II.C. Discharges to Water Quality Impaired Receiving Waters……………………………………..30 II.D Reviewing and Updating the SWMP.........................................................................................30 II.E. Transfer of Ownership, Authority or Responsibility for SWMP Implementation.....................31 II.F. SWMP Resources ......................................................................................................................31 III. Schedule for Implementation and Compliance ..............................................................................32 IV. Monitoring, Recordkeeping and Reporting Requirements...........................................................36 IV.A. Monitoring.................................................................................................................................36 IV.B. Recordkeeping...........................................................................................................................40 IV.C. Reporting Requirements............................................................................................................40 IV.D. Addresses...................................................................................................................................41 V. Compliance Responsiblities .............................................................................................................42 V.A. Duty to Comply.........................................................................................................................42 V.B. Penalties for Violations of Permit Conditions..........................................................................42 V.C. Need to Halt or Reduce Activity not a Defense........................................................................43 V.D. Duty to Mitigate........................................................................................................................44 V.E. Proper Operation and Maintenance..........................................................................................44 V.F. Toxic Pollutants........................................................................................................................44 V.G. Planned Changes.......................................................................................................................44 V.H. Anticipated Noncompliance.....................................................................................................44 VI. General Provisions ............................................................................................................................44 VI.A. Permit Actions..........................................................................................................................44 VI.B. Duty to Reapply........................................................................................................................44 VI.C. Duty to Provide Information.....................................................................................................45 VI.D. Other Information.....................................................................................................................45 VI.E. Signatory Requirements............................................................................................................45 VI.F. Availability of Reports..............................................................................................................46 VI.G. Inspection and Entry.................................................................................................................46 VI.H. Property Rights.........................................................................................................................47 VI.I. Transfers...................................................................................................................................47 VI.J. State/Tribal Environmental Laws.............................................................................................47 VI.K. Oil and Hazardous Substance Liability.....................................................................................47 VI.L. Severability...............................................................................................................................47 VII Definitions and Acronyms............................................................................................................47 Permit No.: AKS-052558 Page 3 of 55 I. Applicability A. Permit Area. This permit covers all areas within the corporate boundary of the Municipality of Anchorage served by the municipal separate storm sewer systems (MS4s) owned or operated by either the Municipality of Anchorage (MOA) or the Alaska Department of Transportation and Public Facilities (ADOT&PF). B. Discharges Authorized Under This Permit. Subject to the conditions set forth herein, the permittees are authorized to discharge storm water to waters of the United States located within the corporate boundary of the Municipality of Anchorage from: (1) all portions of the MS4 owned or operated by MOA; and, (2) all portions of the MS4 within State of Alaska highway rights-of-way owned or operated by ADOT&PF. As provided in Part I.D, this permit also authorizes the discharge of flows from the MS4s which are categorized as allowable non-storm water discharge, storm water discharge associated with industrial activity, and storm water discharge associated with construction activity. C. Permittees’ Responsibilities 1. Individual Responsibility. Each permittee is individually responsible for permit compliance related only to portions of the MS4 owned or operated solely by that permittee, or where this permit requires a specific permittee to take an action. 2. Joint Responsibility. Each permittee is jointly responsible for permit compliance: a) related to portions of the MS4 where operational or storm water management program (SWMP) implementation authority has been transferred from one permittee to another in accordance with an interjurisdictional agreement; b) related to portions of the MS4 where permittees jointly own or operate a portion of the MS4; and c) related to the submission of reports or other documents required by Parts II and IV of this permit. 3. Interjurisdictional Agreement. MOA and ADOT&PF must maintain an interjurisdictional agreement describing each organization’s respective roles and responsibilities related to this permit. Any previously signed agreement must be updated, as necessary, in accordance with this permit. A copy of an updated interagency agreement must be submitted to the Alaska Department of Environmental Conservation (ADEC) within nine months of the effective date of this permit. 4. Program Coordination Plan. Not later than six months from the effective date of this permit, the permittees must develop and submit to ADEC a program plan describing the performance of activities defined in this permit. This plan must include, but is not limited to, Permit No.: AKS-052558 Page 4 of 55 a) A description of how the MOA Watershed Management Section and the ADOT&PF Maintenance & Operations Group each intend to coordinate among all relevant MOA and/or ADOT &PF organizations within the corporate boundaries of the MOA to ensure effective program implementation and compliance with this permit; and b) A description of how each permittee will work with each other and other parties within the corporate boundaries of the MOA to ensure coordinated storm water-related policies, programs, and projects within the Anchorage area. D. Limitations on Permit Coverage 1. Non-Storm Water Discharges. Permittees are not authorized to discharge non-storm water from the MS4, except where such discharges satisfy one of the following three conditions: a) The non-storm water discharges are in compliance with a separate NPDES permit; b) The non-storm water discharges result from a spill and: (i) are the result of an unusual and severe weather event where reasonable and prudent measures have been taken to prevent and minimize the impact of such discharge; or (ii) consist of emergency discharges required to prevent imminent threat to human health or severe property damage, provided that reasonable and prudent measures have been taken to prevent and minimize the impact of such discharges; or c) The non-storm water discharges satisfy each of the following two conditions: (i) The discharges consist of uncontaminated water line flushing; potable water sources; landscape irrigation (provided all pesticides, herbicides and fertilizer have been applied in accordance with manufacturer’s instructions); lawn watering; irrigation water; flows from riparian habitats and wetlands; diverted stream flows; springs; rising ground waters; uncontaminated ground water infiltration (as defined at 40 CFR § 35.2005(20)) to separate storm sewers; uncontaminated pumped ground water or spring water; foundation and footing drains (where flows are not contaminated with process materials such as solvents); uncontaminated air conditioning or compressor condensate; water from crawlspace pumps; individual residential car washing; dechlorinated swimming pool discharges; routine external building wash down which does not use detergents; street and pavement wash waters, where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been Permit No.: AKS-052558 Page 5 of 55 removed); fire hydrant flushing; or flows from emergency firefighting activities; and (ii) The discharges are not sources of pollution to waters of the United States. A discharge is considered a source of pollution to waters of the United States if it: 1) Causes excessive foam in the receiving waters or contains floating and/or settleable solids in amounts sufficient to make the water unsafe or unfit for providing water supply or other beneficial uses; 2) Contains oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters; 3) Contains substances that are in amounts sufficient to be unsightly or deleterious or which produce color, odor, or other conditions to such a degree as to create a nuisance; 4) Contains any substance or combination of substances in amounts sufficient to be acutely toxic to, or to otherwise severely injure or kill aquatic life, other animals, plants or humans; or 5) Contains any substances or combination of substances that will cause or contribute to the growth of aquatic plants or algae to such degree as to create a nuisance, be unsightly, or otherwise impair the designated use. 6) Causes or contributes to an exceedance of other applicable water quality standards. 2. Discharges Threatening Water Quality. Permittees are not authorized to discharge storm water that will cause, or have the potential to cause or contribute to, violations of the Alaska water quality standards. 3. Discharge Compliance with Anti-Degradation Policy. Permittees are not authorized to discharge storm water that does not comply with Alaska’s anti- degradation policy for water quality standards. Alaska’s anti-degradation policy, 18 Alaska Administrative Code 70.015, can be obtained from ADEC at the address listed in Part IV.D. 4. Snow Disposal to Receiving Waters. Permittees are not authorized to dispose of snow directly to waters of the United States or directly to the MS4(s). Discharges from the permittees’ snow disposal sites and snow management practices are authorized under this permit only when such sites and practices are designed, operated, and maintained to prevent pollutants in storm water runoff and to reduce pollutants in the discharge to the maximum extent practicable. 5. Storm Water Discharge Associated with Industrial and Construction Activity. Permittees are authorized to discharge storm water associated with industrial activity (as defined in 40 CFR 122.26(b)(14)), and storm water associated with construction activity (as defined in 40 CFR 122.26(b)(14)(x) Permit No.: AKS-052558 Page 6 of 55 and (b)(15)), from their MS4s, only when such discharges are otherwise authorized under an appropriate NPDES permit. II. Storm Water Management Program (SWMP) Requirements A. General Requirements 1. Reduce pollutants to the maximum extent practicable. Permittees must implement and enforce a SWMP designed to reduce the discharge of pollutants from their MS4 to the maximum extent practicable (MEP), and to protect water quality in receiving waters. The SWMP actions and activities as defined in this permit include Best Management Practices (BMPs), control measures, system design, engineering methods, and other provisions appropriate to control and minimize discharges of pollutants from the MS4. a) The SWMP actions and activities are outlined in Part II, and SWMP assessment/monitoring requirements are described in Part IV. Each permittee must use BMPs and control measures that are selected, implemented, maintained and updated to ensure that storm water discharges do not cause or contribute to an exceedance of an applicable Alaska water quality standard. 2. Shared Implementation with outside entities. Implementation of one or more of the permit requirements may be shared with or delegated to another entity other than the permittee(s). The permittee may rely on another entity only if: a) The other entity, in fact, implements the requirement; b) The action, or component thereof , is at least as stringent as the corresponding permit requirement; and c) The other entity agrees to implement the permit requirement on the permittee’s behalf. A binding written acceptance of this obligation is required. The permittees must maintain this obligation as part of the SWMP. If the other entity agrees to report on the permit requirement, the permittees must supply the other entity with the reporting requirements in Part IV.C of this permit. The permittees remain responsible for compliance with the permit obligation if the other entity fails to implement the required measure. 3. Watershed Planning. The permittees must complete at least two individual watershed plans for specific water bodies before the expiration date of this permit. The planning process must provide an opportunity for public input. Each plan must identify priority resources within the watershed, and potential opportunities for storm water infiltration, evapotranspiration or rainfall harvesting/reuse, or other site-based low impact development (LID) practices. Each watershed plan should include consideration and discussion of the following principles: a) Minimize the amount of impervious surfaces (roads, parking lots, roofs) within each watershed, by minimizing the creation, extension and widening of roads and associated development. Permit No.: AKS-052558 Page 7 of 55 b) Preserve, protect, create and restore ecologically sensitive areas that provide water quality benefits and serve critical watershed functions. These areas may include, but are not limited to; riparian corridors, headwaters, floodplains and wetlands. c) Prevent or reduce thermal impacts to streams, including requiring vegetated buffers along waterways, and disconnecting discharges to surface waters from impervious surfaces such as parking lots. d) Seek to avoid or prevent hydromodification of streams and other water bodies caused by development, including roads, highways, and bridges. e) Preserve and protect trees, and other vegetation with important evapotranspirative qualities. f) Preserve and protect native soils, prevent topsoil stripping, and prevent compaction of soils. B. Minimum Control Measures. The following minimum control measures must be accomplished through each permittees’ Storm Water Management Program: 1. Construction Site Runoff Control Program. The permittees must implement a construction site runoff control program to reduce discharges of pollutants from public and private construction activity within its jurisdiction. “Construction activity” for this permit includes, at a minimum, construction involving a total land disturbance of 10,000 square feet or more at a single construction site or as part of a plan of common development. The permittees’ construction site management program must include the requirements described below: a) Ordinance and/or other regulatory mechanism. To the extent allowable under local or state law, the permittees must adopt, implement, and enforce requirements for erosion controls, sediment controls, and materials management techniques to be employed and maintained at each construction project from initial clearing through final stabilization. Each permittee must require construction site operators to maintain adequate and effective controls to eliminate pollutants in storm water discharges from construction sites. The permittees must use enforcement actions (such as, written warnings, stop work orders or fines) to ensure compliance. No later than one year after the effective date of this permit, each permittee must adopt formal ordinances or other regulatory mechanisms that are consistent with this permit and the current version of the NPDES or APDES General Permit for Storm Water Discharges from Construction Activities, Permit #AKR10-0000 (NPDES or APDES Construction General Permit or CGP). b) Construction Storm Water Manual. The permittees must update their respective manuals (MOA’s 2007 Storm Water Treatment Plan Review Guidance Manual, [Second Edition] and/or any equivalent ADOT&PF guidance manual) to include requirements for the proper installation and maintenance of erosion controls, sediment controls, and material Permit No.: AKS-052558 Page 8 of 55 containment/pollution prevention controls during all phases of construction activity. Within one year of the effective date of this permit, the permittees must update their manual(s) and require the use of the manual by construction site operators within their jurisdiction. The manual(s) must include all acceptable control practices, selection and sizing criteria, illustrations, and design examples, as well as recommended operation and maintenance of each practice. At a minimum, the manual(s) must include applicable elements for erosion control, sediment control, and pollution prevention consistent with the current version of the CGP. c) Plan Review and Approval. The permittees must review and approve site plans from construction site operators within their jurisdictions. The MOA must require the preparation and submittal of a storm water treatment plan, for the MOA’s review and written approval prior to issuance of a municipal permit for construction projects. The ADOT&PF must require the preparation and submittal of a storm water pollution prevention plan (SWPPP) for the ADOT&PF’s review and written approval prior to commencing with the construction project. Permittees must ensure that the construction site operator is prohibited from commencing construction activity prior to receipt of written approval. (i) The permittees must not approve any stormwater treatment plan or SWPPP unless it contains appropriate site-specific construction site control measures that meet the minimum requirements in Part II.B.1.b. (ii) Within the MOA, the portion of the storm water treatment plan describing the active construction phase may serve as the SWPPP required under the NPDES or APDES Construction General Permit, provided that the required storm water treatment plan is at least as inclusive of controls as the SWPPP requirements contained in the most recent version of the NPDES or APDES Construction General Permit. (iii) Prior to the start of a construction project disturbing one or more acres or less than one acre but part of a larger common plan of development, the permittees must verify whether the construction site operator(s) have obtained necessary coverage under the operative NPDES or APDES Construction General Permit. (iv) Permittees must use qualified individuals, knowledgeable in the technical review of storm water treatment plans/storm water pollution prevention plans to conduct such reviews. (v) Permittees must document the review of each storm water treatment plan and SWPPP using a checklist or similar process. Permit No.: AKS-052558 Page 9 of 55 d) Construction Site Inspections. The permittees must inspect utility projects, construction sites which require a building permit, and non- publicly funded transportation projects at the frequency specified in Table II.B-1 below: Table II.B-1 Site Inspection Frequency (A) All sites 5 acres or larger in size Inspection must occur at least monthly during the construction season. (B) Other sites 10,000 sq ft or more, or part of a larger common plan of development, which are determined by the permittee or permitting authority to be a significant threat to water quality* (C) All other construction sites with 10,000 sq ft Inspection must occur at least once or more, or which are part of a larger common per construction season. plan of development and do not meet the criteria specified in (A) or (B) (D) Construction sites less than 10,000 sq feet Inspection must occur as needed in size based on the evaluation of the factors that are a threat to water quality.* *In evaluating the threat to water quality, the following factors must be considered: soil erosion potential; site slope; project size and type; site proximity to receiving water bodies; sensitivity of receiving water bodies; non-storm water discharges; and past record of non-compliance by the operators of the construction site. (i) Inspections of construction sites must include, but not be limited to:  Check for coverage under the Construction General Permit by requesting a copy of any application or Notice of Intent (NOI) during initial inspections;  Review the applicable storm water treatment plans/storm water pollution prevention plans to determine if control measures have been installed, implemented, and maintained according to the plan;  Assess compliance with the permittee’s ordinances/requirements related to storm water runoff, including the implementation and maintenance of required control measures; Permit No.: AKS-052558 Page 10 of 55  Assess the appropriateness of planned control measures and their effectiveness;  Visually observe non-storm water discharges, potential illicit connections, and potential discharge of pollutants in storm water runoff;  Provide education and outreach on storm water pollution prevention, as needed; and  Provide a written or electronic inspection report. (ii) The permittees must track the number of inspections for the inventoried construction sites throughout the reporting period to verify that the sites are inspected at the minimum frequencies required. (iii) Based on site inspection findings, each permittee must take all necessary follow-up actions (i.e., re-inspection, enforcement) to ensure compliance. These follow-up and enforcement actions must be tracked as well. e) Enforcement Response Policy for Construction Site Management Program. No later than two years after the effective date of this permit, each permittee must develop and implement a written escalating enforcement response policy (ERP) appropriate to their organization. Each ERP must be submitted to EPA and ADEC with the 2nd Year Annual Report. The ERP for MOA must address enforcement of construction site runoff controls for utility construction projects, construction projects that require a building permit, and non-publicly funded transportation construction projects. The ERP for ADOT&PF must address contractual enforcement of construction site runoff controls at ADOT&PF owned construction sites. Each ERP must describe the permittee’s potential responses to violations with an appropriate educational or enforcement response. The ERP must address repeat violations through progressively stricter responses as needed to achieve compliance. Each ERP must describe how the permittee will use the following types of enforcement response based on the type of violation: (i) Verbal Warnings: Verbal warnings are primarily consultative in nature. At a minimum, verbal warnings must specify the nature of violation and required corrective action. (ii) Written Notices: Written notices must stipulate the nature of the violation and the required corrective action, with deadlines for taking such action. (iii) Escalated Enforcement Measures: The permittees must have the legal ability to employ any combination of the enforcement actions below (or their functional equivalent):