[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122.35]

[Page 209-210]
 
                   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

[[Page 210]]

(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]