Title of Regulation: 9VAC25-890. General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (amending 9VAC25-890-1 through 9VAC25-890-40; repealing 9VAC25-890-50).

Statutory Authority: § 62.1-44.15:28 of the Code of Virginia.

Public Hearing Information:

February 9, 2018 - 10 a.m. - Department of Environmental Quality Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193

February 12, 2018 - 2 p.m. - Department of Environmental Quality DEQ Central Office, 1111 East Main Street, 3rd Floor Conference Room, Richmond, VA 23219

February 14, 2018 - 1 p.m. - Department of Environmental Quality Blue Ridge Regional Office, Room 600, 3019 Peters Creek Road, Roanoke, VA 24019

Public Comment Deadline: March 9, 2018.

Agency Contact: Jaime Bauer, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4416, FAX (804) 698-5106, or email jaime.bauer@deq.virginia.gov.

Summary:

The proposed regulatory action reissues the existing Virginia Pollutant Discharge Elimination System general permit that expires on June 30, 2018. The proposed regulatory action establishes appropriate and necessary permitting requirements for discharges from small municipal separate stormwater systems (MS4) located within the Census Urbanized Areas to discharge stormwater to waters of the state. The general permit establishes the minimum control measures to reduce the potential discharge of pollutants in municipal stormwater as well as requirements for demonstration of compliance with total maximum daily load (TMDL) wasteload allocations for local watersheds and the Chesapeake Bay. The primary issue that needs to be addressed is that the existing general permit expires on June 30, 2018, and must be reissued to authorize small MS4s to continue to discharge after that date.

Proposed substantive changes to the existing regulation include (i) revising the permit in accordance with the U.S. Environmental Protection Agency's small MS4 federal regulations (Small MS4 Remand Rule) promulgated on January 9, 2017, such as revising registration statement requirements to eliminate submittal of the permittee's MS4 Program Plan, including more specific best management practices (BMPs) and strategies for implementation as part of the permit, and removing the requirement approval of MS4 program plans and TMDL action plans by the Department of Environmental Quality; (ii) requiring permittees to provide MS4 maps in a geographic information system shapefile format; (iii) streamlining construction site stormwater runoff control and post-construction stormwater management for new development and development on prior developed lands by incorporating existing erosion and sediment control and Virginia Stormwater Management Program regulations by reference; (iv) revising existing and new source load reductions to be implanted during the permit term for those permittees discharging to the Chesapeake Bay watershed in accordance with the Chesapeake Bay TMDL and Watershed Implementation Plans; and (v) adding a requirement that local TMDL action plans be made available for public review.

9VAC25-890-1. Definitions.

The words and terms used in this chapter shall have the meanings defined in the Virginia Stormwater Management Act (Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia), this chapter, and 9VAC25-870 unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"Date brought on line" means the date when the operator permittee determines that a new stormwater management facility is properly functioning to meet its designed pollutant load reduction.

"MS4 Program Plan" means the completed registration statement and all approved additions, changes and modifications detailing the comprehensive program implemented by the operator under this state permit to reduce the pollutants in the stormwater discharged from its municipal separate storm sewer system (MS4) that has been submitted and accepted by the department.

"Operator" means the MS4 operator that has been issued coverage under the General Permit for Discharges of Stormwater from small municipal separate storm sewer systems.

"High-priority facilities" means facilities owned or operated by the permittee that actively engaged in the following activities: (i) composting facilities, (ii) equipment storage and maintenance facilities, (iii) materials storage yards, (iv) pesticide storage facilities, (v) public works yards, (vi) recycling facilities, (vii) salt storage facilities, (viii) solid waste handling and transfer facilities, and (ix) vehicle storage and maintenance yards.

"MS4 regulated service area" or "service area" means for Phase II permittees, the drainage area served by the permittee's MS4 that is located within an urbanized area as determined by the 2010 decennial census performed by the Bureau of the Census. MS4 regulated service area may also be referred to as "served by the MS4" as it pertains to the tables in Part II A of this permit.

"Physically interconnected" means that one MS4 is connected to a second MS4 in such a manner that it allows for direct discharges to the second system.

"Pollutants of concern" or "POC" means pollutants specifically identified in a U.S. Environmental Protection Agency approved total maximum daily load (TMDL) report as causing a water quality impairment.

9VAC25-890-10. Purpose; delegation of authority; effective date of the state permit.

A. This general permit regulation governs point source stormwater discharges from regulated small municipal separate storm sewer systems (small MS4s) to surface waters of the Commonwealth of Virginia. Nonmunicipal stormwater or wastewater discharges are not authorized by this permit except in accordance with 9VAC25-890-20 C.

B. This general permit will become effective on July 1, 2013 2018, and will expire five years from the effective date June 30, 2023.

C. The Director of the Department of Environmental Quality, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.

9VAC25-890-15. Applicability of incorporated references based on the dates that they became effective.

Except as noted, when a regulation of the United States U.S. Environmental Protection Agency set forth in the Code of Federal Regulations Title 40 CFR is referenced and incorporated herein in this chapter, that regulation shall be as it exists and has been published in the July 1, 2012 2017, update.

9VAC25-890-20. Authorization to discharge.

A. Any operator covered by this general permit is authorized to discharge stormwater from the small MS4 municipal separate storm sewer system (MS4) to surface waters of the Commonwealth of Virginia provided that the:

1. The operator submits a complete and accurate registration statement in accordance with 9VAC25-890-30 and that registration statement is accepted by the board,;

2. The operator submits any permit fees required by 9VAC25-870-700 et seq. (Part XIII), and;

3. The operator complies with the requirements of 9VAC25-890-40; and

4. The board has not notified the owner that the discharge is ineligible for coverage in accordance with subsection C of this section.

B. The operator is not authorized by this general permit to discharge to surface waters specifically named in other board regulations that prohibit such discharges.

C. The board will notify an operator that the discharge is not eligible for coverage under this general permit in the event of any of the following:

1. The operator is required to obtain an individual permit in accordance with 9VAC25-870-410 B;

2. The operator is proposing discharges to surface waters specifically named in other board regulations that prohibit such discharges; or

3. The operator fails to implement BMPs to the MEP standard in order to demonstrate progress toward meeting the water quality requirements as listed in 9VAC25-31-220 D 1 a.

D. Nonstormwater discharges or flows into the small MS4 are authorized by this state permit and do not need to be addressed in the MS4 Program program required under 9VAC25-890-40, Section II B 3, Part I E 3 if:

1. The nonstormwater discharges or flows are covered by a separate individual or general VPDES or state permit for nonstormwater discharges;

2. The individual nonstormwater discharges or flows have been identified in writing by the department as de minimis discharges that are not significant sources of pollutants to surface waters and do not require a separate VPDES permit;

3. The nonstormwater discharges or flows are identified at 9VAC25-870-400 D 2 c (3) in this subdivision D 3 and have not been identified by the operator or by the board as significant contributors of pollutants to the small MS4; or:

a. Dechlorinated water line flushing;

b. Landscape irrigation;

c. Diverted stream flows;

d. Rising groundwaters;

e. Uncontaminated groundwater infiltration, as defined at 40 CFR 35.2005(20);

f. Uncontaminated pumped groundwater;

g. Discharges from potable water sources;

h. Foundation drains;

i. Air conditioning condensation;

j. Irrigation water;

k. Springs;

l. Water from crawl space pumps;

m. Footing drains;

n. Lawn watering;

o. Individual residential car washing;

p. Flows from riparian habitats and wetlands;

q. Dechlorinated swimming pool discharges;

r. Street wash water;

s. Discharges or flows from firefighting activities; or

t. Other activities generating discharges identified by the department as not requiring VPDES authorization.

4. The immediate discharge of materials resulting from a spill is necessary to prevent loss of protect life, personal injury, or severe property damage as determined by fire department personnel or emergency management officials or any discharge in accordance with 9VAC25-31-40. The operator shall take, or ensure that the responsible party takes, all reasonable steps to minimize or prevent any adverse effect on human health or the environment. This state permit does not transfer liability for a spill itself from the party(ies) party responsible for the spill to the operator nor relieve the party(ies) party responsible for a spill from the reporting requirements of 40 CFR Part 117 and 40 CFR Part 302.

D. E. In the event the operator is unable to meet certain conditions of this permit due to circumstances beyond the operator's control, the operator shall submit a written explanation of the circumstances that prevented state permit compliance to the department in the annual report. Circumstances beyond the control of the operator include but are not limited to abnormal climatic conditions; weather conditions that make certain requirements unsafe or impracticable; or unavoidable equipment failures caused by weather conditions or other conditions beyond the reasonable control of the operator (operator error is not a condition beyond the control of the operator). The failure to provide adequate program funding, staffing or equipment maintenance shall not be an acceptable explanation for failure to meet state permit conditions. The board will determine, at its sole discretion, whether the reported information will result in an enforcement action.

E. F. Discharges that are excluded from obtaining a state permit permitting requirements pursuant to 9VAC25-870-300 are exempted from the regulatory requirements of this state permit.

F. Pursuant to 9VAC25-870-400 D 3, for G. For those portions of a the small MS4 engaging in activities that are covered under a separate VPDES permit for discharges associated with industrial stormwater discharges activities, the operator permittee shall follow the conditions established under by the separate VPDES permit.

H. Upon termination of separate VPDES permit coverage for those activities addressed in subsection G of this section, the discharges from the outfalls previously separate VPDES authorized outfalls under the VPDES permit for stormwater discharges associated with industrial activities shall meet the conditions of this state permit provided it has been determined by the board that an individual MS4 permit is not required.

G. I. Stormwater discharges from specific MS4 operator permittee activities that have been granted conditional exclusion for "no exposure" of industrial activities and materials to stormwater under the separate VPDES permitting program shall comply with this state permit unless a separate VPDES permit is obtained. The department is responsible for determining compliance with the conditional exclusion under the State Water Control Law and attendant regulations.

H. J. Receipt of this general permit does not relieve any operator permittee of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation.

I. K. Continuation of permit coverage.

1. Any operator permittee that was authorized to discharge under the state permit issued in 2008 effective July 1, 2013, and that submits a complete registration statement in accordance with Section III M of 9VAC25-890-40 on or before June 1, 2018, is authorized to continue to discharge under the terms of the 2008 July 1, 2013, state permit until such time as the board either:

1. a. Issues coverage to the operator permittee under this state permit; or

2. b. Notifies the operator permittee that the discharge is not eligible for coverage under this state permit.

2. When the permittee is not in compliance with the conditions of the expiring or expired general permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the 2013 general permit;

b. Issue a notice of intent to deny coverage under the new general permit. If coverage under the general permit is denied, the permittee would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a state permit;

c. Issue a new state permit with appropriate conditions; or

d. Take other actions authorized by the VPDES (9VAC25-31) and VSMP (9VAC25-870) regulations.

9VAC25-890-30. State permit application (registration statement) Registration statement.

A. Deadline for submitting a registration statement.

1. Operators of small MS4s designated described under 9VAC25-870-400 B, that are applying for initial coverage under this general permit must submit a complete registration statement to the department within 180 days of notice of designation, unless the board grants a later date.

2. In order to continue uninterrupted coverage under the general permit, operators of small MS4s shall submit a new registration statement at least 90 days before the expiration date of the existing state permit no later than June 1, 2018, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing state permit.

B. Registration statement. The registration statement shall include the following information:

1. The name and location (county or city name) of the small MS4 for which the registration statement is submitted;

2. The name, of the owner or operator of the small MS4;

3. The mailing address of the owner of operator of the small MS4;

4. The type (city, county, incorporated town, unincorporated town, college or university, local school board, military installation, transportation system, federal or state facility, or other), and address of the operator of the small MS4;

5. The name, title, mailing address, telephone number, and email address for the following individuals:

a. The responsible official who meets the criteria established in 9VAC-25-870-370 A 3;

b. The MS4 permit contact; and

c. The annual permit maintenance fee contact.

6. The following outfall information:

a. The unique outfall identifier;

b. The estimated MS4 acreage served;

c. The name of the receiving surface water to which the outfall discharges;

d. Whether or not the receiving water is listed as impaired in the Virginia 2014 305(b)/303(d) Water Quality Assessment Integrated Report; and

e. The name of any applicable TMDL for the segment of the receiving water.

3. 7. The 6th Order Hydrologic Unit Code(s) Codes as identified in the most recent version of Virginia's 6th Order Virginia National Watershed Boundary Dataset (available on the department website) (version 5, July 2016) currently receiving discharges or that have potential to receive discharges from the small MS4;

4. 8. The estimated drainage area, in acres, served by the small MS4 directly discharging to any impaired receiving surface waters listed in the 2010 2014 Virginia 305(b)/303(d) Water Quality Assessment Integrated Report, and a description of the land use for each such drainage area;

5. A listing of any TMDL wasteloads allocated to the small MS4. This information may be found on the department website;

6. 9. The name(s) names of any physically interconnected MS4s to which the small MS4 discharges;

7. For operators that had coverage under the previous VSMP General Permit, a copy of the currently implemented MS4 Program Plan. The operator shall continue to implement this plan and any updates as required by this state permit in accordance with Table 1 in 9VAC25-890-40;

8. For operators applying for initial coverage designated under 9VAC25-890-10 A, a schedule of development of an MS4 Program Plan that includes the following:

a. A list of best management practices (BMPs) that the operator proposes to implement for each of the stormwater minimum control measures and their associated measurable goals pursuant to 9VAC25-890-40, Section II B, that includes:

(1) A list of the existing policies, ordinances, schedules, inspection forms, written procedures, and any other documents necessary for best management practice implementation, upon which the operator expects to rely for such implementation; and

(2) The individuals, departments, divisions, or units responsible for implementing the best management practices;

b. The objective and expected results of each best management practice in meeting the measurable goals of the stormwater minimum control measures;

c. The implementation schedule for BMPs including any interim milestones for the implementation of a proposed new best management practice; and

d. The method that will be utilized to determine the effectiveness of each best management practice and the MS4 Program as a whole;

9. 10. A list of all existing signed agreements between the operator and any applicable third parties where the operator has entered into an agreement in order to implement minimum control measures or portions of minimum control measures;

10. The name, address, telephone number and email address of either the principal executive officer or ranking elected official as defined in 9VAC25-870-370;

11. The name, position title, address, telephone number and email address of any duly authorized representative as defined in 9VAC25-870-370; and For those permittees whose regulated MS4 is located partially or entirely in the Chesapeake Bay watershed, a draft second phase Chesapeake Bay TMDL action plan; and

12. The following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

C. The registration statement shall be signed in accordance with 9VAC25-870-370 9VAC25-890-40 Part III K 4.

D. An operator may file its own registration statement, or the operator and other operators of small MS4s may jointly submit a registration statement. If responsibilities for meeting the stormwater minimum control measures will be shared with other municipalities or governmental entities, the registration statement must describe which stormwater minimum control measures the operator will implement and identify the entities that will implement the other stormwater minimum control measures within the area served by the small MS4.

E. Where to submit. The registration statement shall be submitted to the department may be delivered to the DEQ Central Office, Office of VPDES Permits or by electronic mail to an electronic mailbox specified by the department.

9VAC25-890-40. General permit.

Any MS4 operator whose registration statement is accepted by the department board will receive coverage under the following state general permit and shall comply with the requirements therein in this general permit and be subject to all applicable requirements of the Virginia Stormwater Management Act (Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia) and the Virginia Stormwater Management Program (VSMP) Regulations (9VAC25-870) the requirements of 9VAC25-870 and 9VAC25-31.

General Permit No.: VAR04
Effective Date: July 1, 2013 2018
Expiration Date: June 30, 2018 2023

GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER MANAGEMENT PROGRAM REGULATIONS, VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM REGULATIONS, AND THE VIRGINIA STORMWATER MANAGEMENT ACT STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act, as amended and pursuant to the Virginia Stormwater Management Act State Water Control Law and regulations adopted pursuant thereto, this state permit authorizes operators of small municipal separate storm sewer systems are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those waters specifically named in State Water Control Board regulations which prohibit such discharges.

The authorized discharge shall be in accordance with the registration statement filed with DEQ, this cover page, Section Part I-Discharge Authorization and Special Conditions, Section II—MS4 Program Part II-TMDL Special Conditions, and Section Part III-Conditions Applicable To to All State and VPDES Permits, as set forth herein in this general permit. The operator shall utilize all legal authority provided by the laws and regulations of the Commonwealth of Virginia to control discharges to and from the MS4. This legal authority may be a combination of statute, ordinance, permit, specific contract language, order or interjurisdictional agreements.

For operators of small MS4s that are applying for initial coverage under this general permit, the schedule to develop and implement the MS4 Program Plan shall be submitted with the completed registration statement.

For operators that have previously held MS4 state permit coverage, the operator shall update the MS4 Program Plan in accordance with the following schedule. Until such time as the required updates are completed and implemented, the operator shall continue to implement the MS4 Program consistent with the MS4 Program Plan submitted with the registration statement.

SECTION Part I
DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS Discharge Authorization and Special Conditions

A. Coverage under this state permit. During the period beginning with the date of coverage under this general permit and lasting until the expiration and reissuance of this state permit, the operator permittee is authorized to discharge stormwater and those authorized nonstormwater discharges described in 9VAC25-890-20 C in accordance with this state permit from the small municipal separate storm sewer system identified in the registration statement into surface waters within the boundaries of the Commonwealth of Virginia and consistent with 9VAC25-890-30.

B. Special conditions for approved total maximum daily loads (TMDL) other than the Chesapeake Bay TMDL. An approved TMDL may allocate an applicable wasteload to a small MS4 that identifies a pollutant or pollutants for which additional stormwater controls are necessary for the surface waters to meet water quality standards. The MS4 operator shall address the pollutants in accordance with this special condition where the MS4 has been allocated a wasteload in an approved TMDL.

1. The operator shall maintain an updated MS4 Program Plan that includes a specific TMDL Action Plan for pollutants allocated to the MS4 in approved TMDLs. TMDL Action Plans may be implemented in multiple phases over more than one state permit cycle using the adaptive iterative approach provided adequate progress to reduce the pollutant discharge in a manner consistent with the assumptions and requirements of the specific TMDL wasteload is demonstrated in accordance with subdivision 2 e of this subsection. These TMDL Actions Plans shall identify the best management practices and other interim milestone activities to be implemented during the remaining terms of this state permit.

a. In accordance with Table 1, the operator shall update the MS4 Program Plans to address any new or modified requirements established under this special condition for pollutants identified in TMDL wasteload allocations approved prior to July 9, 2008.

b. In accordance with Table 1, the operator shall update the MS4 Program Plan to incorporate approvable TMDL Action Plans that identify the best management practices and other interim milestone activities that will be implemented during the remaining term of this permit for pollutants identified in TMDL wasteload allocations approved either on or after July 9, 2008, and prior to issuance of this permit.

c. Unless specifically denied in writing by the department, TMDL Action Plans and updates developed in accordance with this section become effective and enforceable 90 days after the date received by the department.

2. The operator shall:

a. Develop and maintain a list of its legal authorities such as ordinances, state and other permits, orders, specific contract language, and interjurisdictional agreements applicable to reducing the pollutant identified in each applicable WLA;

b. Identify and maintain an updated list of all additional management practices, control techniques and system design and engineering methods, beyond those identified in Section II B, that have been implemented as part of the MS4 Program Plan that are applicable to reducing the pollutant identified in the WLA;

c. Enhance its public education and outreach and employee training programs to also promote methods to eliminate and reduce discharges of the pollutants identified in the WLA;

d. Assess all significant sources of pollutant(s) from facilities of concern owned or operated by the MS4 operator that are not covered under a separate VPDES permit and identify all municipal facilities that may be a significant source of the identified pollutant. For the purposes of this assessment, a significant source of pollutant(s) from a facility of concern means a discharge where the expected pollutant loading is greater than the average pollutant loading for the land use identified in the TMDL. (For example, a significant source of pollutant from a facility of concern for a bacteria TMDL would be expected to be greater at a dog park than at other recreational facilities where dogs are prohibited);

e. Develop and implement a method to assess TMDL Action Plans for their effectiveness in reducing the pollutants identified in the WLAs. The evaluation shall use any newly available information, representative and adequate water quality monitoring results, or modeling tools to estimate pollutant reductions for the pollutant or pollutants of concern from implementation of the MS4 Program Plan. Monitoring may include BMP, outfall, or in-stream monitoring, as appropriate, to estimate pollutant reductions. The operator may conduct monitoring, utilize existing data, establish partnerships, or collaborate with other MS4 operators or other third parties, as appropriate. This evaluation shall include assessment of the facilities identified in subdivision 2 d of this subsection. The methodology used for assessment shall be described in the TMDL Action Plan.

3. Analytical methods for any monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the Environmental Protection Agency (EPA). Where an approved method does not exist, the operator must use a method consistent with the TMDL.

4. The operator is encouraged to participate as a stakeholder in the development of any TMDL implementation plans applicable to their discharge. The operator may incorporate applicable best management practices identified in the TMDL implementation plan in the MS4 Program Plan or may choose to implement BMPs of equivalent design and efficiency provided that the rationale for any substituted BMP is provided and the substituted BMP is consistent with the assumptions and requirements of the TMDL WLA.

5. Annual reporting requirements.

a. The operator shall submit the required TMDL Action Plans with the appropriate annual report and in accordance with the associated schedule identified in this state permit.

b. On an annual basis, the operator shall report on the implementation of the TMDL Action Plans and associated evaluation including the results of any monitoring conducted as part of the evaluation.

6. The operator shall identify the best management practices and other steps that will be implemented during the next state permit term as part of the operator's reapplication for coverage as required under Section III M.

7. For planning purposes, the operator shall include an estimated end date for achieving the applicable wasteload allocations as part of its reapplication package due in accordance with Section III M.

C. Special condition for the Chesapeake Bay TMDL. The Commonwealth in its Phase I and Phase II Chesapeake Bay TMDL Watershed Implementation Plans (WIP) committed to a phased approach for MS4s, affording MS4 operators up to three full five-year permit cycles to implement necessary reductions. This permit is consistent with the Chesapeake Bay TMDL and the Virginia Phase I and II WIPs to meet the Level 2 (L2) scoping run for existing developed lands as it represents an implementation of 5.0% of L2 as specified in the 2010 Phase I WIP. Conditions of future permits will be consistent with the TMDL or WIP conditions in place at the time of permit issuance.

1. Definitions. The following definitions apply to this state permit for the purpose of the special condition for discharges in the Chesapeake Bay Watershed:

"Existing sources" means pervious and impervious urban land uses served by the MS4 as of June 30, 2009.

"New sources" means pervious and impervious urban land uses served by the MS4 developed or redeveloped on or after July 1, 2009.

"Pollutants of concern" or "POC" means total nitrogen, total phosphorus, and total suspended solids.

"Transitional sources" means regulated land disturbing activities that are temporary in nature and discharge through the MS4.

2. Chesapeake Bay TMDL planning.

a. In accordance with Table 1, the operator shall develop and submit to the department for its review and acceptance an approvable Chesapeake Bay TMDL Action Plan. Unless specifically denied in writing by the department, this plan becomes effective and enforceable 90 days after the date received by the department. The plan shall include:

(1) A review of the current MS4 program implemented as a requirement of this state permit including a review of the existing legal authorities and the operator's ability to ensure compliance with this special condition;

(2) The identification of any new or modified legal authorities such as ordinances, state and other permits, orders, specific contract language, and interjurisdictional agreements implemented or needing to be implemented to meet the requirements of this special condition;

(3) The means and methods that will be utilized to address discharges into the MS4 from new sources;

(4) An estimate of the annual POC loads discharged from the existing sources as of June 30, 2009, based on the 2009 progress run. The operator shall utilize the applicable versions of Tables 2 a-d in this section based on the river basin to which the MS4 discharges by multiplying the total existing acres served by the MS4 on June 30, 2009, and the 2009 Edge of Stream (EOS) loading rate: