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August 1997 by Pat Collins, PE Some Florida communities must soon face reapplying for their Municipal Separate Storm Sewer System (MS4) permit. The following is a review of EPA's renewal policy. Published in the August 9, 1996, Federal Register, the policy for permit renewal provides MS4 permit applicants and NPDES permit writers with considerable discretion to customize appropriate and streamlined reapplication requirements, on a case by case basis, using the fourth year annual report as the primary reapplication document. By rule, permit reapplication is necessary and must be performed 180 days prior to permit expiration. Where a complete reapplication package has been submitted as directed by the permitting authority, conditions of the expired MS4 permit will remain in effect and are enforceable until the effective date of a new permit. The EPA recognizes that the scope of the initial permit application requirements were comprehensive and expensive. Therefore, the initial permit application requirements are not applicable. Instead, reapplication should focus on maintenance and improvement of the stormwater management programs contained in MS4 permits. EPA plans to allow permitting authorities to develop flexible reapplication requirements that are site-specific. Names, mailing addresses and titles of the primary administrative and technical contacts that operate the MS4 should be updated. In addition, municipalities should identify proposed changes or improvements to the stormwater management program and monitoring program. Effective elements of both programs should be continued. Emphasis on programs for public education, addressing impacts of construction, proper design criteria for new development, prioritizing retrofits, increased MS4 maintenance, and coordination with adjacent MS4s is recommended. EPA also encourages permitting authorities to work with permittees to determine if monitoring efforts are appropriate and useful. Municipalities may choose to consider habitat assessments, bioassessments and other biological methods rather than end-of-the-pipe chemical methods to assess the nature and extent of stormwater problems. Patrick Collins is President of StormTec, a consulting firm focusing on stormwater management and permitting issues. |