General Permit for the Discharge of Stormwater from Connecticut Department of Transportation Separate Storm Sewer Systems
Notice of Tentative Determination of Intent to Reissue the General Permit for the Discharge of Stormwater from Connecticut Department of Transportation Separate Storm Sewer Systems
1.0 Tentative Determination
The Department of Energy and Environmental Protection (DEEP) hereby gives notice of a tentative determination regarding the intent to reissue the General Permit for the Discharge of Stormwater from Connecticut Department of Transportation Separate Storm Sewer Systems (DOT MS4 general permit).
2.0 Reissuance of DOT MS4 General Permit
The current DOT MS4 general permit became effective on July 1, 2019 and expires on June 30, 2024. The DEEP is proposing to reissue the DOT MS4 general permit effective on July 1, 2024 and expiring 5 (five) years later. The issuance and expiration dates are subject to change. DEEP is seeking public comment on the draft general permit.
3.0 Commissioner’s Findings & Regulatory Conditions
In accordance with applicable federal and state law, the Commissioner has made a tentative determination that reissuance of the MS4 general permit would continue to protect the waters of the State from pollution.
The purpose of the general permit is to protect waters of the state from urban stormwater runoff through the CTDOT separate storm sewer systems (DOT MS4). DEEP first issued the DOT MS4 general permit on May 24, 2018 and it became effective on July 1, 2019. EPA currently defines a regulated MS4 as a municipality or state or federal institution that owns and operates a separate storm sewer system in an Urban Area (previously termed Urbanized Area or UA). Urban Areas are defined by the Census Bureau and consist of densely populated areas surrounding urban centers. Changes have been made to the definition of UA in the 2020 census.
Maps of UAs are published after each decennial census. The current DOT MS4 permit coverage is based on maps developed following the 2010 census. Urban Area maps based on the 2020 census were recently released by the Census Bureau and were used in the development of this general permit.
4.0 Commissioner’s Authority
The Commissioner is authorized to issue this general permit pursuant to sections 22a-430 and 22a-430b of the Connecticut General Statutes (CGS) and the Water Discharge Permit Regulations (section 22a- 430-3 and 4 of the Regulations of Connecticut State Agencies). The Commissioner is authorized to approve or deny any registration under this general permit pursuant to CGS section 22a-430b.
5.0 Public Comment
Interested persons may obtain a copy of this public notice, the proposed DOT MS4 general permit and the general permit fact sheet on the DEEP website at www.ct.gov/deep/publicnotices. The general permit materials are also available for inspection at the DEEP Bureau of Materials Management and Compliance Assurance, Water Permitting and Enforcement Division, 79 Elm Street, Hartford, CT from 8:30am – 4:30pm, Monday through Friday. Questions may be directed to Christopher Stone at chris.stone@ct.gov
Prior to making a final decision to reissue the proposed general permit, the Commissioner shall consider written comments from interested persons that are received within thirty (30) days of this public notice. Written comments should be directed to: Christopher Stone, P.E., Water Permitting and Enforcement Division, Bureau of Materials Management and Compliance Assurance, Department of Energy and Environmental Protection, 79 Elm Street, Hartford, CT 06106-5127 or may be submitted via electronic mail to: chris.stone@ct.gov. Electronic mail is recommended.
6.0 Petitions for Public Hearing
The Commissioner may conduct a public hearing if the Commissioner determines that the public interest will be best served thereby or shall hold a hearing upon receipt of a petition signed by at least twenty- five persons. Petitions should include the name of the general permit noted above and also identify a contact person to receive notifications. Petitions may also identify a person who is authorized to engage in discussions regarding the proposed general permit and, if resolution is reached, withdraw the petition. Original signed petitions may be scanned and sent electronically to deep.adjudications@ct.gov or may be mailed or delivered to: DEEP Office of Adjudications, 79 Elm Street, 3rd floor, Hartford, CT 06106- 5127. All petitions must be received within the comment period noted above. If submitted electronically, original signed petitions must also be mailed or delivered to the address above within ten days of electronic submittal. If a hearing is held, timely notice of such hearing will be published in a newspaper of general circulation.
/s/Katherine S. Dykes
Commissioner
The Connecticut Department of Energy and Environmental Protection is an Affirmative Action and Equal Opportunity Employer that is committed to complying with the Americans with Disabilities Act. To request an accommodation contact us at 860-418-5910 or deep.accommodations@ct.gov.
Published in the Hartford Courant, New Haven Register, Connecticut Post, The Chronicle, Waterbury Republican-American, and New London Day on December 21, 2023.