General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer System
Notice of Tentative Decision of Intent to Reissue the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems
1.0 Tentative Determination
The Department of Energy and Environmental Protection (DEEP) hereby gives notice of a tentative decision regarding the intent to reissue the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 general permit).
2.0 DEEP Proposes to Reissue the Current MS4 General Permit Without Modification
The current MS4 general permit expired on June 30, 2022. The DEEP is proposing to continue permit authorization by issuing this notice to reissue the MS4 general permit without modifications for the period beginning on the date of issuance by the Commissioner and expiring two (2) years after the effective date.
DEEP is not requiring existing permittees to submit a new registration form as part of this reissuance and their coverage will remain in effect until the revised general permit becomes effective. Permittees are required to comply with all permit limits and conditions of this General Permit to ensure their discharge does not cause pollution.
Upon issuance of this permit, the DEEP intends to solicit stakeholder engagement and feedback by hosting a public meeting prior to posting a draft permit with modifications. The DEEP will publish a separate public notice on DEEPs website at least one (1) month prior to any such meeting and intends to host the first meeting within three (3) months of the effective date of this General Permit. Persons interested in attending these meetings may sign up to receive public notice announcements by visiting DEEP’s website at https://confirmsubscription.com/h/j/19E73F2E0479003B
DEEP is seeking public comment on this notice of tentative decision to reissue the MS4 general permit
without modifications.
3.0 Commissioner’s Findings & Regulatory Conditions
In accordance with applicable federal and state law, the Commissioner has made a tentative decision that reissuance of the MS4 general permit without modifications 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 municipal separate storm sewer systems (MS4s). DEEP first issued the MS4 general permit on January 9, 2004, and it was last reissued with modifications on January 20, 2016 (effective date July 1, 2017).
EPA currently defines a regulated small MS4 as a municipality or state or federal institution that owns and operates a separate storm sewer system in an Urbanized Area (UA). Urbanized 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. The US Environmental Protection Agency (EPA) is expected to provide regulatory guidance to permitting authorities on the future usage of UA
in MS4 permits.
Maps of UAs are published after each decennial census. The original maps governing the 2004 general permit were based on the 2000 census. The most recent maps reflect the results of the 2010 census. There are 132 MS4s authorized under the current general permit. Urbanized Area maps based on the 2020 census have not yet been released by the Census Bureau. Following the release of the 2020 census maps and regulatory clarifications by the EPA associated with Census Bureau changes to the definition of UA, DEEP will seek comment on the reissuance of a new MS4 general permit with modifications.
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 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.
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, New London Day, Connecticut Post, Waterbury Republican-American on July 10, 2023.
Published in The Chronicle on July 13, 2023.