Frequently Asked Questions

Who is regulated under Phase II?

Municipalities:

Municipalities are automatically designated if their small MS4 is located either completely or partially within an urbanized area (UA) or densely populated area (DPA).

The following twenty five (25) municipalities have populations greater than 10,000 persons within urbanized areas and will require permits by March 10, 2003 (not eligible for waivers).

The following six (6) municipalities have populations greater than 1,000 and less than 10,000 persons within urbanized areas and will require permits by March 10, 2003 but may be eligible for a waiver.

• MS4s with > 1K but less than 10K population: Regulated small MS4s that serve a population under 10,000 may be eligible for a waiver if all waters that received a discharge from the MS4 have been evaluated through a Total Maximum Daily Load (TMDL) or TMDL like analysis, and, storm water controls are not needed based on a TMDL for those waters, and future discharges from the MS4s are evaluated.

The following one (1) municipality has a population of less than 1,000 persons within urbanized area and will require a permit by March 10, 2003 but may be eligible for a waiver.

• MS4s with < 1K population: Regulated small MS4s that serve a population of less than 1,000 may be eligible for a waiver if the MS4s are not contributing substantially to the pollutant loadings of a physically interconnected MS4, and if discharging to an impaired water body, storm water controls are not needed based on a TMDL that addresses the pollutants of concern.

The following two (2) municipalities are located within densely populated areas and will require permits by March 10, 2003 but may be eligible for a waiver.

• MS4s located in DPAs: Small MS4s that meet the criteria of a densely populated area (DPA), may be eligible for a waiver if the small MS4s are not contributing substantially to the pollutant loadings of a physically interconnected MS4, and if discharging to an impaired water body, storm water controls are not needed based on a TMDL that addresses the pollutants of concern.

The remaining six (6) municipalities will require permits by March 10, 2008 unless demonstrate effective protection of Special Resource Protection Waters (SRPWs), Outstanding National Resource Waters (ONRWs), and Impaired Waters.

Federal, State, Quasi-State Facilities:

Federal, State, and Quasi-State facilities serving an average daily population of equal to or greater than 1,000 persons regardless of location will require permits (not eligible for a waiver).

Department of Transportation (DOT):

Department of Transportation (DOT) MS4s in urbanized areas, densely populated areas, and areas qualifying as a divided highway (not eligible for a waiver).

Construction activities:

Construction activities that disturb one (1) or more acres of land will require a permit.

Industrial activities:

Federal, State and municipally-owned facilities (exempted under Phase I) will be required to apply for permit coverage by March 10, 2003 or submit a "no exposure" certification. The no exposure certification has been expanded to all categories of industrial activities. All industrial categories must submit a no exposure certification or apply for permit coverage by March 10, 2003.

Designated on a Case by Case Basis:

Operators of MS4 that are designated on a case by case basis either through: