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NPDES Permits in New England

Draft General Permit for Residually Designated Discharges in Milford, Bellingham, and Franklin, Massachusetts

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On April 20, 2010, EPA published in the Federal Register a Notice of Availability of the draft NPDES General Permit for Residually Designated Discharges in the Charles River Watershed with the municipalities of Milford, Bellingham, and Franklin and a Notice of Availability of Proposed Amendments to the Preliminary Residual Designation issued by EPA-Region 1 on November 12, 2008. Also on April 20, 2010, EPA published in the Federal Register and in local papers an announcement of a public comment period on the proposed general permit. The public comment period initially ran from April 20, 2010 to June 30, 2010, but was extended to September 30, 2010.

The proposed permit is for designated storm water discharges within the towns of Milford, Bellingham, and Franklin, Massachusetts, from sites with two or more acres of impervious areas. These sites were designated under EPA’s residual designation authority pursuant to CWA §402(p) and 40 CFR §122.26(9)(i)(C) and (D). EPA has proposed designation of these sources because EPA has determined that their control is necessary in order to reduce discharges of excessive phosphorus loadings that are contributing to excessive algae and aquatic plant growth and violations of water quality standards in the Charles River.

The proposed permit requires a series of storm water controls, mostly in the form of Best Management Practices (BMP) designed to reduce the phosphorus loadings. The proposed requirements include the development and implementation of a comprehensive Storm Water Management Plan and a Phosphorus Reduction Plan that are intended to assure that storm water from a designated discharge site do not cause or contribute to violations of standards.

Final Permit Decision

EPA received numerous comments on the proposed draft general permit. EPA will release a Response to Comments documents with the final permit. The requirements associated with this proposed general permit are interrelated with the requirements of the proposed small Municipal Separate Storm Sewer System General Permits that also address phosphorus loading to the Charles River. EPA will issue a final decision on the general permit and proposed designation following the release of the Small MS4 General Permit for Massachusetts, anticipated in late 2012 or early 2013. Due to the significant amount of comments received and the importance of consistency among interrelated general permits, EPA may also choose to renotice this general permit. If EPA chooses to renotice this general permit, a Notice of Availability of the draft general permit will be published in the Federal Register. When a final permit is issued, a Notice of Availability of the final permit decision will be published in the Federal Register. The final permit, response to comments and other relevant materials will be posted on this website.

Preliminary Residual Designation

Proposed Amendments to the Preliminary Residual Designation

Federal Register Notice for Draft General Permit for Residually Designated Discharges in Milford, Bellingham, and Franklin, Massachusetts and for Proposed Amendments to the Preliminary Residual Designation

Draft General Permit for Residually Designated Discharges in Milford, Bellingham, and Franklin, Massachusetts

Helpful Information and Links

EPA Contact

Mark Voorhees (voorhees.mark@epa.gov), 617-918-1537

Sustainable Stormwater Funding Project

In September 2010, EPA provided approximately $300,000 in funding to conduct an evaluation of sustainable stormwater funding options for the Upper Charles River communities of Bellingham, Franklin and Milford, Massachusetts. The objective of the sustainable funding project is to develop recommendations on integrated funding options for implementing and managing the requirements set forth in the Region 1 Administrator's preliminary decision that a more stringent small municipal separate storm sewer system (MS4) general permit and a residual designation general permit to reduce stormwater discharges from industrial, commercial and large residential properties are necessary to meet the TMDL. As this project develops, interested members of the public can check this page to find the current status of the project, view summaries of project meetings notes and other documents, and review and provide comments, if any, on the draft and final project report. The project concluded on September 30, 2011 with receipt of the final report (below).

Project Contact:
Ray Cody (cody.ray@epa.gov), 617-918-1366

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