Current through Rules and Regulations filed through March 20, 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.
