STATE OF MARYLAND
DEPARTMENT OF THE ENVIRONMENT
WATER AND SCIENCE ADMINISTRATION
FINAL DETERMINATION TO MODIFY A STORMWATER PERMIT
The Maryland Department of the Environment (MDE) has reached a final determination to modify the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit issued to Charles County to control storm drain system pollutant discharges. MDE has drafted permit modifications designed to comply with the United States Environmental Protection Agency’s (EPA) regulations, control stormwater pollutant discharges from the County’s storm drain system, and allow Charles County to use Maryland’s newly authorized nutrient trading program as an option to meet its 20 percent impervious surface restoration requirement.
The EPA regulations (40 CFR PART 122.62) and current permit conditions (see PART VII.E.1, Permit Revocation and Modification) allow for NPDES permits to be modified for an appropriate cause. Charles County officially requested a modification of its current permit (Discharge Permit Number 11-DP-3322 MD0068365) on May 31, 2019, to allow the use of nutrient trading to meet the 20 percent impervious surface restoration requirement by the end of the current permit term (i.e., December 25, 2019). MDE has determined the use of nutrient credits by Charles County for meeting the 20 percent impervious surface restoration requirement is acceptable. Therefore, MDE hereby adds a new paragraph that allows for nutrient trading to meet this requirement in PART IV.E.3; and renames the original permit’s PART IV.E.3 and PART IV.E.4 as PART IV.E.4 and PART IV.E.5, respectively.
MDE’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments. The final determination may be found on MDE’s website at:
The final determination is also available by contacting Mr. Raymond Bahr at 410-537-3545 or 1-800-633-6101. Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before December 9, 2019.