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EPA Regulation

EPA Regulation of Stormwater in Santa Fe County

EPA NPDES

Programs in place

These programs regulate the stormwater discharges of Santa Fe County as part of Phase II regulations issued in 1999. These regulations require that small Municipal Separate Storm Sewer Systems (MS4s) apply for permits.

New Mexico is one of four states that do not have authorization to issue permits under the Clean Water Act, including also Idaho, Massachusetts and New Hampshire. This means that the Federal agency, EPA, issues permits directly to local governments (cities and counties) and to New Mexico businesses and construction sites.

While new stormwater regulations have not yet been formally proposed or codified, EPA has incorporated many new features into the General Permit for New Mexico. This Watershed General Permit was proposed on Feb. 12, 2013.

MS4 General Permit

As part of the Clean Water Act and NPDES regulations, businesses performing industrial activities may need to acquire coverage under the Multi-Sector General Permit. Additional information may be found here:

Industrial Activities and Stormwater

Multi-Sector General Permit

Contractors performing construction activities involving one or more acres may also be required to gain coverage under the Construction General Permit to be in compliance with Clean Water Act and NPDES regulations. Additional information may be found here:

Construction Activities and Stormwater

Santa Fe County's Stormwater Program

EPA NPDES

Under these regulations, Santa Fe County is required to obtain permits to allow discharges to sections of the Santa Fe River. Once the general permit was published in 2007, Santa Fe County Public Works Department revised the original plan and submitted a revised Stormwater Management Plan (SWMP) with a formal permit application on March 18th, 2013.

An updated Stormwater Management Plan (SWMP) was presented to the BCC on May 1, 2024 and adopted per Resolution No. 2024-064. The SWMP was submitted to EPA on July 31, 2024.

New Watershed General Permit NOI

A Notice of Intent is a formal declaration or legal document stating that an agency or company is filing an application to discharge water to a regulated stream. In this case Santa Fe County has filed a notice of intent (NOI) to discharge storm water into sections of the Santa Fe River, including its tributary arroyos. The eNOI form and attachments were delivered to USEPA, Region 6 (Dallas) in 2013.

This NOI does not reflect the entirety of the county stormwater program, merely our intention to comply with the new permit, and some general descriptions. Because of limitations of the form itself, the text is very abbreviated and cursory. The county is still in the process of developing new program elements, as are all other agencies working together on this permit.

FY 2024 MS4 Annual Report

Under the NMR040000 NPDES MS4 Permit, Santa Fe County is required to submit an annual report that describes its efforts to meet permit requirements that are designed to protect stormwater quality and include illicit discharge detection and elimination (IDDE),  construction and post-construction stormwater management, pollution prevention and good housekeeping, control of floatables (trash), and public education and involvement. You can find the most recent report by following the link below.

FY 2024 MS4 Annual Report for NPDES General Permit No. NMR04A000

For questions or comments, email publicworks@santafecountynm.gov or call 505-986-6219.