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Storm Water Program > Applications > Public Notice 2/11/03
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Draft Small MS4 General Permit
(pdf)
Public comment period: 2/11/03 through 3/14/03

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Small MS4 General Permit Fact Sheet
(pdf)

 

 

 

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Storm Water Regulations and Applications


PUBLIC NOTICE: FEBRUARY 11, 2003

PUBLIC NOTICE OF PROPOSED PERMIT ACTIONS UNDER THE RHODE ISLAND POLLUTANT DISCHARGE ELIMINATION SYSTEM (RIPDES) PROGRAM WHICH REGULATES DISCHARGES INTO THE WATERS OF THE STATE UNDER CHAPTER 46-12 OF THE RHODE ISLAND GENERAL LAWS OF 1956, AS AMENDED.

PUBLIC NOTICE NUMBER: PN03-04

In accordance with Chapter 46-12 of the Rhode Island General Laws, the discharge of pollutants to Waters of the State via a point source discharge is prohibited unless the discharge is in compliance with the RIPDES Regulations.

DRAFT RIPDES GENERAL PERMIT FOR STORM WATER DISCHARGE FROM
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
AND FROM INDUSTRIAL ACTIVITY AT ELIGIBLE
FACILITIES OPERATED BY REGULATED SMALL MS4s


Rhode Island DEM has been delegated authority to implement the US Environmental Protection Agency (EPA) NPDES program. In February 2002 and February 2003 the RIPDES regulations were amended to include EPA Phase II requirements. Phase II requires storm water discharges to waters of the state from industrial facilities owned or operated by small municipalities and from small municipal separate storm sewer systems (MS4s), located within urbanized areas or designated by the permitting authority, to obtain a NPDES storm water permit. The definition of MS4, includes storm sewer systems serving facilities owned or operated by State and federal agencies or other public entities.

Rhode Island has developed a general RIPDES permit for these discharges.

The conditions imposed in the draft general permit have been drafted to be consistent with the requirements of the RIPDES Regulations. The permit conditions include the preparation of a Storm Water Management Program Plan (SWMPP) that requires the development of six minimum control measures and incorporation of TMDL requirements, that when properly implemented will reduce pollutants to the maximum extent practicable (MEP). The permit conditions also include the development of Storm Water Pollution Prevention Plans (SWPPP) for facilities with storm water discharges associated with industrial activity that the regulated small MS4 operator is seeking coverage for.

FURTHER INFORMATION:

Copies of the draft general permits and a permit fact sheet (describing the significant factual, legal and policy questions considered in this permit action) may be obtained at no cost by visiting DEM's website at www.dem.ri.gov or writing or calling DEM as noted below:

Margarita Chatterton
Rhode Island Department of Environmental Management
Office of Water Resources
RIPDES Program
235 Promenade Street
Providence, Rhode Island 02908-5767
(401) 222-4700, Ext: 7715

The administrative record containing all documents relating to these permit actions is on file and may be inspected, by appointment, at the DEM's Providence office mentioned above between 8:30 a.m. and 4:00 p.m., Monday through Friday, except holidays.

PUBLIC HEARING:
Pursuant to Chapters 46-12 and 42-35 of the Rhode Island General Laws a public hearing has been scheduled to consider the Draft General Permit for Storm Water Discharges from Small MS4s and from Industrial Activity at eligible facilities operated by regulated Small MS4 operators. Notice should be taken that a public hearing will be held at the following time and place:

Thursday March 13, 2003 at 6:00 PM
Room 300
235 Promenade Street
Providence, Rhode Island 02908

Interested persons should contact DEM in advance to confirm if a hearing will be held at the time and location noted above.

In accordance with Rule 43 of the RIPDES Regulations, the following is a summary of the procedures that shall be followed at the Public Hearing:

a. The Presiding Officer shall have the authority to open and conclude the Hearing and to maintain order; and

b. Any persons appearing at such a hearing may submit oral or written statements and data concerning the draft permit.

In addition, for the sake of accuracy, it is requested that statements be submitted in writing at the time of the hearing or be mailed to the DEM's Office of Water Resources RIPDES Program, at the above address, before the date of the hearing. Oral testimony will also be heard at the Public Hearing, but will be limited to five (5) minutes in duration.

235 Promenade Street is accessible to the handicapped. Individuals requesting interpreter services for the hearing impaired must notify the D.E.M. at 831-5508 (T.D.D.) 72 hours in advance of the hearing date.

PUBLIC COMMENT PERIOD: (February 11, 2003 to March14, 2003)

Interested parties may submit comments on the permit actions and the administrative record to the address above no later than 4:00 PM on the March 14, 2003.

All persons, including the applicant, who believe any condition of the draft permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period on March 14, 2003. Commenters may request a longer comment period if necessary to provide a reasonable opportunity to comply with these requirements. Comments should be directed to the DEM's Office of Water Resources, RIPDES Program at the address above.

If, during the public comment period, significant new questions are raised concerning the permit, DEM may require a new draft permit or fact sheet or may reopen the public comment period. A public notice will be issued for any of these actions.

FINAL DECISION AND APPEALS:

Following the close of the comment period, and after a public hearing, if such hearing is held, the Director will issue a final decision and forward a copy of the final decision to the permittee and each person who has submitted written comments or requested notice. Within 30 days following the notice of the final decision, any interested person may submit a request for a formal hearing in accordance with the requirements of Rule 49.


Signed: Eric A. Beck, P.E.
Supervising Sanitary Engineer
Permits Section, Office of Water Resources
Department of Environmental Management

 

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