Municipal Separate Storm Sewer System (MS4)

New permit for regulated small Municipal Separate Storm Sewer Systems (MS4) General Permit (ARR040000) effective August 1, 2009.

• List of MS4 Permits and Contact Information
• MS4 Fact Sheet
• MS4 Response to Comments
• MS4 Annual Reporting Form (PDF)
• MS4 Annual Reporting Form (WORD)

Municipal Separate Storm Sewer System (MS4) Storm Water Program

• Program Overview
• Small MS4 General Permit (ARR040000)
• Storm Water Management Program Requirements
• Six Minimum Control Measures
• List of MS4 NOI

Municipal Separate Storm Sewer System (MS4)

Under the NPDES storm water program, operators of large, medium, and regulated small municipal separate storm sewer systems (MS4s) require authorization to discharge pollutants under a NPDES permit.

Medium and large MS4 operators are required to submit comprehensive permit applications and are issued individual permits. Regulated small MS4 operators have the option of choosing to be covered by an individual permit, a general permit, or a modification of an existing Phase I MS4’s individual permit.

Currently, the City of Little Rock and the Arkansas Highway and Transportation Department (AHTD) are co-permittees and have an NPDES individual storm water permit.

The Phase II Final Rule, published in the Federal Register on December 8, 1999, requires NPDES permit coverage for storm water discharges from certain regulated small municipal separate storm sewer systems (MS4s).

The storm water phase II regulations became effective on March 10, 2003. These new regulations affect the permitting of regulated small MS4s.

Here is a listing of the Phase II affected municipalities: Phase II Cities Listing

The Arkansas General Assembly passed House Bill 1737, which allows municipalities to setup a storm water utility.

Here is a description of Bill 1737:

• PDF file
• MS Word file
• Text file

For more information, go to: EPA’s menu of best management practices web link

Small MS4 General Permit (ARR040000)

With the implementation of Phase II of the storm water regulations, the ADEQ has issued a general permit to cover storm water discharges from Regulated Small MS4s in the state. The permit was issued on December 31, 2003 with an effective date of February 1, 2004. All regulated small MS4s in the state are required to apply for permit coverage using the Notice of Intent (NOI) below on or before the 90th day following the effective date of the permit (i.e., April 30, 2004).

• ARR040000 (PDF)
• Notice of Intent (NOI) form:
  • PDF file
  • MS Word file

For Additional Information about this General Permit (ARR040000) contact:

Storm Water Management Program Requirements

All regulated Small MS4s permitted under the general permit are required to develop and implement a Storm Water Management Program (SWMP) to address each of the Six Minimum Control Measures that are contained the federal regulation and Part V.B of the ADEQ general permit. These SWMPs must be developed and fully implemented no more than five (5) years from the effective date of the permit (i.e., February 1, 2009). The SWMP must include Best Management Practices (BMPs) for each of the minimum control measures along with Measurable Goals and interim milestones for each BMP.

Six Minimum Control Measures

The following is a synopsis of the Six Minimum Control Measures and what is required to be addressed in the Storm Water Management Program.

• 1. Public Education and Outreach

  • Implement a public education program to distribute educational materials (i.e., flyers placed in the Municipal water bill envelope) to the community or conduct equivalent outreach activities about the impact of storm water discharges on waterbodies and the steps that the public can take to reduce pollutants in storm water runoff.

• 2. Public Involvement/Participation

  • Comply with State and local public notice requirements when implementing a public involvement/participation program.

• 3. Illicit Discharge Detection and Elimination

  • Develop, implement and enforce a program to detect and eliminate illicit discharges into the small MS4 and notify the ADEQ of any illicit discharges that may result in an exceedance of an applicable water quality standard.
  • Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls.
  • To the extent allowable under State or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-storm water discharges into the storm sewer system and implement appropriate enforcement procedures and actions.
  • Develop and implement a plan to detect and address non-storm water discharges, including illegal dumping, to the system.
  • Inform public employees, businesses, and the general public of hazards associated with illegal connections and illicit discharges and improper disposal of waste.

• 4. Construction Site Storm Water Runoff Control

  • Develop and implement a program to reduce pollutants in any storm water runoff to the small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of storm water discharges from construction activity disturbing less than one acre must be included in the program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. The extent to which the program will rely upon the NPDES Phase II Construction regulation should be specified.

• 5. Post-Construction Storm Water Management in New Development and Redevelopment

  • Develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4.  The program must ensure that controls are in place that would prevent or minimize water quality impacts.
  • Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community;
  • Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State or local law; and
  • Ensure adequate long-term operation and maintenance of BMPs.

• 6. Pollution Prevention/Good Housekeeping for Municipal Operations

  • Develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from MS4 operations; and
  • Using training materials that are available from EPA, ADEQ, or other organizations, the program must include employee training to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction or land disturbances, and storm water system maintenance.