Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-6 - WATER QUALITY CONTROL
Rule 391-3-6-.15 - Non-Storm Water General Permit Requirements
Universal Citation: GA Rules and Regs r 391-3-6-.15
Current through Rules and Regulations filed through September 23, 2024
(1) Purpose. The purpose of this Rule 391-3-6-.15 is to provide for the degree of waste treatment required and the uniform procedures and practices to be followed relating to the application for issuance, modification, revocation and reissuance, and termination of general permits for the discharge of any pollutant into the waters of the State. Unless specifically adopted by reference herein, no other part of this Chapter 391-3-6 shall govern the issuance of any general permit.
(2) Definitions. All terms used in this Rule shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in this Paragraph or in any other Rules of this Chapter:
(a) "General Permit Application" means any application filed by any person with the Director for a general permit.
(b) A "General Permit" means an NPDES permit issued under Title 40 of the Code of Federal Regulations (40 CFR), Part 122.28 authorizing a category of discharges under the Federal Clean Water Act (Federal Act) within a geographical area.
(c) "Notice of Intent" (NOI) means a form used by potential permittee to notify the Division, within a specified time, that they intend to comply with a general permit.
(d) "Notice of Termination" (NOT) means a form used by a permittee to notify the Division that they wish to cease coverage under a general permit.
(3) General Permit Requirements.
(a) Coverage. The Director may issue a general permit in accordance with the following:
1. Area. The general permit shall be written to cover a category of discharges described in the permit under subparagraph (3)(a)2 of this section, except those covered by individual permits, within a geographic area. The area shall correspond to existing geographic or political boundaries, such as:
(i) Designated planning areas under Sections 208 and 303 of the Federal Act;
(ii) Sewer districts or sewer authorities;
(iii) City, County, or State political boundaries;
(iv) State highway systems;
(v) Standard metropolitan statistical areas as defined by the Office of Management and Budget;
(vi) Urbanized areas as designated by the Bureau of the Census; or
(vii) Any other appropriate division or combination of boundaries.
2. Sources. The general permit may be written to regulate, within the area described in subparagraph 1. of this section, a category of point sources other than storm water point sources if the sources all:
(i) Involve the same or substantially similar types of operations;
(ii) Discharge the same types of wastes;
(iii) Require the same effluent limitations or operating conditions;
(iv) Require the same or similar monitoring; and
(v) In the opinion of the Director, are more appropriately controlled under a general permit than under individual permits.
(b) Administration.
1. General permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of Rule 391-3-6-.15. Public notice and public participation for issuance, modification, revocation and reissuance, and termination of general permits shall be in accordance with Paragraph 391-3-6-.15(7).
2. Authorization to discharge.
(i) Except as provided for in 40 C.F.R 122.28(b)(2)(v) and (b)(2)(vi), discharges seeking coverage under a general permit shall submit to the Director a written notice of intent to be covered by the general permit. A discharger who fails to submit a notice of intent in accordance with the terms of the general permit is not authorized to discharge under the terms of the general permit. A complete and timely notice of intent to be covered in accordance with the general permit requirements, fulfills the requirements for permit applications for purposes of 40 C.F.R. 122.6, 122.21 and 122.26.
(ii) The contents of the notice of intent shall be specified in the general permit and shall conform to the requirements specified in 40 C.F.R. 122.28. The notice of intent shall be signed in accordance with subparagraph 391-3-6-.15(5)(d).
(iii) General permits shall specify the deadline for submitting notices of intent to be covered and the date(s) when a discharge is authorized under the permit.
(iv) General permits shall specify whether a discharge that has submitted a timely notice of intent to be covered in accordance with a general permit and that is eligible for coverage under the general permit, is authorized to discharge in accordance with the general permit either upon receipt of the notice of intent by the Director, after a waiting period specified in the general permit, on a date specified in the general permit, or upon receipt of notification of inclusion by the Director. Coverage may be revoked in accordance with subparagraph 391-3-6-.15(3)(b) 3.
3. Requiring an individual permit.
(i) The Director may require any person authorized by a general permit to apply for and obtain an individual NPDES permit. Any interested person may petition the Director to take action under this rule. Cases where an individual NPDES permit may be required include the following:
(I) The discharge(s) is a significant contributor of pollution as determined by the Director. In making this determination, the Director may consider the following factors:
I. The location of the discharge with respect to the waters of the State;
II. The size of the discharge;
III. The quantity and nature of the pollutants discharged to waters of the State; and
IV. Other relevant factors.
(II) The discharger is not in compliance with the conditions of the general permit;
(III) A change has occurred in the availability of demonstrated technology or practices for the control or abatement or pollutants applicable of the point source;
(IV) Effluent limitation guidelines are promulgated for point sources covered by the general permit;
(V) A Water Quality Management plan containing requirements applicable to such point sources is approved;
(VI) The requirements of subparagraph (3)(a) of this section are not met; or
(VII) Circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary.
(ii) Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual NPDES permit. The owner or operator shall submit an application under paragraph 391-3-6-.06(5), with reasons supporting the request, to the Director.
(iii) When an individual NPDES permit is issued to an owner or operator otherwise subject to a general permit, the applicability of the general permit to the individual NPDES permittee is automatically terminated on the effective date of the individual NPDES permit.
(iv) A source excluded from a general permit solely because it already has an individual NPDES permit may request that the individual NPDES permit be revoked, and that it be covered by the general permit. Upon revocation of the individual NPDES permit, the general permit shall apply to the source.
(v) Whenever the Director decides an individual NPDES permit is required, the Director shall notify the discharger in writing of the decision and the reasons for it, and shall send an application form with the notice. The discharger must apply for a permit under paragraph 391-3-6-.06(5) and 40 C.F.R. 122.21 within sixty (60) days of notice unless a later date is granted by the Director. Public notice and public participation shall be in accordance with paragraph 391-3-6-.06(7).
(4) Degree of Waste Treatment Required. All pollutants shall receive such treatment or corrective action so as to ensure compliance with the terms and conditions of the issued permit and with the following, whenever applicable:
(a) Effluent limitations established by the EPA pursuant to Sections 301, 302, 303, 306, 307, 308, 318, and 405 of the Federal Act;
(b) Criteria and standards for Best Management Practices established by EPA pursuant to Section 304(e) of the Federal Act;
(c) Notwithstanding the above, more stringent effluent limitations may be required as deemed necessary by the Division (a) to meet any other existing Federal laws or regulations, or (b) to ensure compliance with any applicable State water quality standards, effluent limitations, treatment standards, or schedules of compliance;
(d) Calculations and specification of effluent limits and standards shall be made in accordance with the provisions of Federal Regulations, 40 CFR 122.45.
(5) Notice of Intent (NOI).
(a) A NOI shall be on forms as may be prescribed and furnished from time to time by the Division. A NOI shall be accompanied by all pertinent information as the Division may require in order to establish, where applicable, effluent limitations in accordance with paragraph 391-3-6-.06(4), which may include but is not limited to, complete engineering reports, schedule of progress, plans, specifications, maps, measurements, quantitative and qualitative determinations, records, and all related materials.
(b) Engineering reports, plans, specifications, and other similar material submitted to the Division shall be prepared by or under the direct supervision or review of, and bear the seal of, a Professional Engineer competent in the field of storm water, sewage, or industrial waste treatment, consistent with the type of wastewater involved. At no time shall this requirement be in conflict with O.C.G.A. Section 43-15 governing the practices of professional engineering and surveying.
(c) Material submitted shall be complete and accurate.
(d) Any NOI form, NOT form, and permit application submitted to the Division shall be signed as follows in accordance with the Federal Regulations, 40 C.F.R. 122.22:
1. For a corporation, by a responsible corporate officer. For this subparagraph a responsible corporate officer means:
(a) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or
(b) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
2. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
3. For a municipality, State, Federal, or other public facility, by either a principal executive officer or ranking elected official.
(e) All other reports, engineering reports, plans, specifications, similar materials, or requests for information required by the permit issuing authority shall be signed by a person designated in (d) above or a duly authorized representative of such person, if:
1. The representative so authorized is responsible for the overall operation of the facility from which the discharge originates, e.g., a plant manager, superintendent or person of equivalent responsibility;
2. The authorization is made in writing by the person designated under (d) above; and
3. The written authorization is submitted to the Director.
(f) Any changes in the written authorization submitted to the permitting authority under (e) above which occur after the issuance of a permit shall be reported to the permitting authority by submitting a copy a new written authorization which meets the requirements of (e)1. and (e)2. above.
(g) Any person signing any document under (d) or (e) above shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(6) Receipt and Use of Application and Data shall be in accordance with paragraph 391-3-6-.06(6) of this Chapter. Notice of intent forms shall not be required to be transmitted to the Regional Administrator for comments unless requested to do so by the Regional Administrator.
(7) Notice and Public Participation. The notice and public participation procedures of Rule 391-3-6-.26 shall apply.
(8) Prohibitions.
(a) No permit shall be issued authorizing any of the following discharges:
1. The discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste into navigable waters;
2. Any discharge which in the judgement of the Secretary of the Army would substantially impair anchorage and navigation in or on any of the waters of the United States;
3. Any discharge to which the Regional Administrator has objected in writing in accordance with Federal Regulations, 40 C.F.R. 123.44, pursuant to any right to object provided the Administrator of EPA under Section 402(d) of the Federal Act;
4. Any discharge from a point source is in conflict with a plan or amendment thereto approved pursuant to Section 208(b) of the Federal Act;
5. Any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the following circumstances:
(i) Prior to the promulgation of the guidelines under section 403(c) of the Act, unless the Director determines permit issuance to be in the public interest; or
(ii) After promulgation of guidelines under section 403(c) of the Act, where insufficient information exists to make a reasonable judgement as to whether the discharge complies with any such guidelines.
6. To a facility which is a new source or a new discharge, if the discharge from the construction or operation of the facility will cause or contribute to the violation of water quality standards, except as in accordance with Federal Regulations, 40 C.F.R. 122.4(i).
(b) The issuance of a permit does not:
1. Convey any property rights of any sort, or any exclusive privileges;
2. Authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations;
3. Release the permittee of any responsibility or requirement under other environmental statutes or regulations.
(9) Monitoring, Recording, and Reporting Requirements.
(a) Monitoring, recording and reporting requirements shall be in accordance with those outlined in paragraph 391-3-6-.06(11) of this Chapter.
(b) General permits that do not require submittal of monitoring reports at least annually shall report to the Director in writing all instances of noncompliance at least annually. These annual reports are due the first working day of each January unless otherwise specified in a permit.
(10) Control of Disposal of Pollutants into Wells shall be in accordance with paragraph 391-3-6-.06(14).
(11) Modification, Revocation and Reissuance, and Termination of Permits.
The Director in accordance with the provisions of Federal Regulations, 40 C.F.R. 122.61, 122.62, 122.63, 122.64, and 124.5, may modify, revoke and reissue, or terminate an issued permit in whole or in part during its term for cause, including, but not limited to, the causes listed in Federal Regulations, 40 CFR 122.62 and 122.64, or the cause listed in the Act or regulations promulgated pursuant thereto. Prior to any such modification, revocation and reissuance, or termination of an issued permit by the Director (other than modification in accordance with the provision of 40 CFR 122.63), the Director will give public notice in accordance with the procedures set forth in subparagraph 391-3-6-.15(7)(b) and an opportunity for public hearing in accordance with the procedures set forth in subparagraph 391-3-6-.15(7)(c).
(12) Duration, Continuation, and Transferability of Permits.
(a) Any permit issued under O.C.G.A. Section 12-5-30 shall have a fixed term not to exceed five_(5) years. Upon expiration of such permit, a new permit may be issued by the Director in accordance with O.C.G.A. Section 12-5-30 and 40 C.F.R. 122.6, 122.28, 122.46, and 122.61. The issuance of such new permit shall likewise have a fixed term not to exceed five (5) years.
(b) Any owner or operator authorized by a general permit may request that coverage under the general permit be terminated by submitting a written Notice of Termination. The contents of the Notice of Termination shall be specified in the general permit and shall be signed in accordance with subparagraph 391-3-6-.15(5)(d).
(c) When the permittee has submitted a timely and sufficient application for a new individual NPDES permit or a Notice of Intent for a general permit and the Director is unable, through no fault of the permittee, to issue the new permit before the expiration date of the existing permit, then the Director shall extend the existing permit until a new permit is issued.
(d) For those industrial categories for which EPA will establish effluent limitations based on best available technology, permits will be issued to ensure compliance with the effluent limits by the statutory deadline. This will be accomplished by utilizing short-term permits and/or reopener clauses that will allow the permit to be modified, revoked, reissued to comply with limitations promulgated pursuant to the Act and subsequent regulations.
(e) Notwithstanding subparagraph (a) above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in a discharge and such standard prohibition is more stringent than any limitation for such pollutant in a permit, the permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified.
(13) Enforcement. Any person who violates any provision of the Act, any rule promulgated and adopted pursuant thereto, or any term, condition, schedule of compliance or other requirement contained in a permit issued pursuant to the Act shall be subject to enforcement proceedings pursuant to the Act.
(14) NPDES Electronic Reporting. The federal NPDES Electronic Reporting rule, 40 CFR Part 127 and associated amendments, became effective on December 21, 2015. The requirements of this rule relating to the submission of Notices of Intent, Notices of Termination and reports may include the electronic submission of such items and electronic signature for such items, as applicable and approved by EPD. The use of the terms "in writing" or "written" in the rule may include such electronic submissions.
(15) Effective Date. This Rule shall become effective twenty days after filing with the Secretary of State's Office.
O.C.G.A. § 12-5-20 et seq.
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