• The six Minimum Control Measures (MCMs) in the proposed rule are the same as those in our recently expired permit.  However, this proposed rule further dictates (“The operator shall…”), for each MCM, specific actions, not all of which are relevant to all facilities.  For example, In MCM3,

• “The MS4 Program shall effectively prohibit, through ordinance or other regulatory mechanism, nonstormwater discharges…”

Non-municipal systems regulated via this permit do not have regulatory mechanisms at their disposal and could not comply with that and some of the other dictated control measures. 

‘Shall’ statements that have no benefit and/or applicability should be able to be satisfactorily addressed by saying NOT APPLICABLE in the action determination.

• The permit is relatively prescriptive in its implementation language, and takes away much of the flexibility in defining BMPs that best suit each facility.  Each of the six MCMs has 3 to 9 specific requirements that must be addressed in a draft Plan.  It would be preferable, and more reasonable, to allow each MS4 to select a subset of the prescribed actions, or to prescribe only a few essential actions and make the others subject to review and selection.