[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.35]



[Page 208]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

   Subpart B_Permit Application and Special NPDES Program Requirements

 

Sec.  122.35  As an operator of a regulated small MS4, may I share the 

responsibility to implement the minimum control measures with other entities?



    (a) You may rely on another entity to satisfy your NPDES permit 

obligations to implement a minimum control measure if:

    (1) The other entity, in fact, implements the control measure;

    (2) The particular control measure, or component thereof, is at 

least as stringent as the corresponding NPDES permit requirement; and

    (3) The other entity agrees to implement the control measure on your 

behalf. In the reports you must submit under Sec.  122.34(g)(3), you 

must also specify that you rely on another entity to satisfy some of 

your permit obligations. If you are relying on another governmental 

entity regulated under section 122 to satisfy all of your permit 

obligations, including your obligation to file periodic reports required 

by Sec.  122.34(g)(3), you must note that fact in your NOI, but you are 

not required to file the periodic reports. You remain responsible for 

compliance with your permit obligations if the other entity fails to 

implement the control measure (or component thereof). Therefore, EPA 

encourages you to enter into a legally binding agreement with that 

entity if you want to minimize any uncertainty about compliance with 

your permit.

    (b) In some cases, the NPDES permitting authority may recognize, 

either in your individual NPDES permit or in an NPDES general permit, 

that another governmental entity is responsible under an NPDES permit 

for implementing one or more of the minimum control measures for your 

small MS4 or that the permitting authority itself is responsible. Where 

the permitting authority does so, you are not required to include such 

minimum control measure(s) in your storm water management program. (For 

example, if a State or Tribe is subject to an NPDES permit that requires 

it to administer a program to control construction site runoff at the 

State or Tribal level and that program satisfies all of the requirements 

of Sec.  122.34(b)(4), you could avoid responsibility for the 

construction measure, but would be responsible for the remaining minimum 

control measures.) Your permit may be reopened and modified to include 

the requirement to implement a minimum control measure if the entity 

fails to implement it.



[64 FR 68846, Dec. 8, 1999]