Residual Designation Authority (RDA)

General Permit
Application Requirements
BMP Plan Approval for Public Review
Permit and Designation History
Draft Permit (September 30, 2009)


General Permit

Effective November 19, 2009, Coverage under General Permit 3-9030 is required for designated discharges to Bartlett, Centennial, Englesby, Morehouse, and Potash Brook watersheds.  The Department of Environmental Conservation (VTDEC) has designated discharges to these receiving waters if the discharge is not covered under the NPDES municipal separate storm sewer system (MS4), another NPDES permit covering stormwater discharges, or has been issued a state stormwater discharge permit resulting in no net contribution to the receiving water. This designation was issued VTDEC pursuant to an Environmental Court Judgment Order (In re: Stormwater NPDES Petition (Conservation Law Foundation Appeal) Docket No. 14-1-07 Vtec (Aug. 28, 2008) The designation was finalized upon issuance of the permit.

Current list of authorizations to discharge under the Residual Designation Authority (RDA) Permit (3-9030)

Permit Documents:


Application Requirements

The General Permit requires different application requirements for three specified categories of discharges.  Owners of affected property have been notified by letter of their need to apply:

Property with a Previously Issued State Stormwater Permit

  • By December 16, 2009 Notice of Intent (NOI) must be submitted to VTDEC
  • By June 30, 2011, an Engineering Feasibility Analysis must be conducted and submitted to VTDEC on an EFA submittal form in accordance with Appendix A of the permit.
  • within 18 months of the Secretary's approval of the submitted design plans, the permittee shall implement the stormwater Best Management Practices (BMPs) in accordance with the plans

Property with Equal to or Greater than 1 Acre Existing Impervious Surfaces that do not have a Previously Issued State Stormwater Permit

  • By December 16, 2009 Notice of Intent (NOI) must be submitted to VTDEC
  • By October 15, 2010, the permittee shall maximize infiltration of stormwater runoff, prevent soil and eliminate soil erosion, and prevent and eliminate delivery of pollutants to stormwater conveyances. VTDEC has developed the Small Sites Guide for Stormwater Management to assist permittees in meeting these requirements.
  • By December 30, 2010, conduct and submit a Site Assessment conducted in accordance with Appendix B to this general permit.

Property with Existing Impervious Surfaces Less than One Acre that do not have a Previously Issued State Stormwater Permit

  • Discharges in this category are authorized to discharge upon the issuance of the permit (no NOI is required for this category)
  • By October 15, 2010, the permittee shall maximize infiltration of stormwater runoff, prevent soil and eliminate soil erosion, and prevent and eliminate delivery of pollutants to stormwater conveyances. VTDEC has developed the Small Sites Guide for Stormwater Management to assist permittees in meeting these requirements

For further information contact Emily Schelley


BMP Plan Approval for Public Review

Pursuant to General Permit 3-9030 part IV.A.2, the Department of Environmental Conservation will post the approved BMP plans for public review here for a minimum of 15 days.


Permit and Designation History

Residual Designation Background

Under Clean Water Act (“CWA”) section 402(p), 33 U.S.C. § 1342(p), the United States Environmental Protection Agency (“EPA”) established permitting requirements for certain stormwater discharges. EPA established such requirements in two phases: Phase I, 55 Fed. Reg. 47990 (Nov. 16, 1990); and Phase II, 64 Fed. Reg. 68,722 (Dec. 8, 1999). In addition, section 402(p)(2)(E) and (6) and 40 C.F.R. § 122.26 (a)(9)(i)(C) and (D), provide that the EPA Regional Administrator or, in states where there is an approved state program, the State Director may designate additional stormwater discharges as requiring National Pollutant Discharge Elimination System (NPDES) permits where he or she determines that: (C) stormwater controls are needed for the discharge based on wasteload allocations that are part of “total maximum daily loads” (TMDLs) that address the pollutants of concern, or (D) the discharge, or category of discharges within a geographic area, contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. This additional authority is commonly referred to as the Residual Designation Authority (RDA).

Initial Designation Notices (June 19, 9009)

Notice was given on June 19, 2009 that VTDEC was exercising Residual Designation Authority for discharges to five watersheds in Chittenden County that fail to meet the Vermont Water Quality Standards due primarily to excess stormwater runoff. 

For each of these streams, VTDEC has developed a Total Maximum Daily Load (TMDL), which is an EPA approved document that attempts to limit and allocate discharge loads among the various dischargers to impaired waters in order to assure attainment with water quality standards.  Requiring permits of designated discharges is part of a larger effort by VTDEC to implement the TMDLs.

Bartlett Brook
Bartlet Brook Initial Designation
Bartlett Brook Map
Bartlett Brook TMDL

Centennial Brook
Centennial Brook Initial Designation Notice
Centennial Brook Map
Centennial Brook TMDL

Englsby Brook
Englesby Brook Initial Designation Notice
Englesby Brook Map
Englesby Brook TMDL

Morehouse Brook
Morehouse Brook Initial Designation Notice
Morehouse Brook Map
Morehouse Brook TMDL

Potash brook
Potash Brook Initial Designation Notice
Potash Brook Map
Potash Brook TMDL

Initial Designation Informational meeting

Attachments

Other Documents

Draft Permit (September 30, 2009)

The Department of Environmental Conservation released the draft General Permit 3-9030 on September 30, 2009. Designated dischargers were notified by letter of the issuance of the draft permit. The public comment period for the permit ran from September 30 to October 30, 2009.

Draft Permit Documents

Draft Permit Meeting

  • When: at 6 pm on October 14, 2009
  • Where: The city council conference room at the South Burlington City Hall, 575 Dorset Street, South Burlington, VT.
  • Presentation: October 14th Draft RDA Permit Presentation

Back to top of Page

WSMD - Stormwater Home