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-.19 - General Permit - Land Application System Requirements

Universal Citation: GA Rules and Regs r 391-3-6-.19

Current through Rules and Regulations filed through December 18, 2024

(1) Purpose. The purpose of Rule 391-3-6-.19 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 Land Application System (LAS) permits for the discharge of any pollutant to a LAS and then into the waters of the State.

(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) "Land Application System" (LAS) means any method of disposing of pollutants in which the pollutants are applied to the surface or beneath the surface of the parcel of land and which results in the pollutants percolating, infiltrating, or being absorbed into the soil and then into the waters of the State.

(b) "General LAS Permit Application" means any application filed by any person with the Director for a general LAS permit.

(c) A "General of LAS Permit" means a LAS permit issued under this Rule within a geographical area.

(d) "Notice of Intent" (NOI) means a form used by a potential permittee to notify the Division, within a specified time, that they intend to comply with a general LAS permit.

(e) "Notice of Termination" (NOT) means a form used by a permittee to notify the Division that they wish to cease coverage under a general LAS permit.

(3) General Permit - LAS Requirements.

(a) Coverage. The Director may issue a general LAS permit in accordance with the following:
1. Area. The general LAS permit shall be written to cover a category of LAS facilities 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.

2. Sources. The general LAS permit may be written to regulate, within the area described in subparagraph 1. of this section, a category of LAS facilities if the LAS facilities all:
(i) Involve the same or substantially similar types of operations;

(ii) Land apply the same types of wastes; conditions;

(iii) Require the same treatment requirements 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 LAS permit than under individual permits.

(b) Administration.
1. General LAS permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of Rules 391-3-6-.11 and 391-3-6-.19. Public notice for issuance, modification, revocation and reissuance, and termination of general LAS permits shall be in accordance with paragraph 391-3-6-.11(6).

2. Authorization to discharge.
(i) Any person seeking coverage under a general LAS permit shall submit to the Director a written notice of intent to be covered by the general LAS permit. Any person who fails to submit a notice of intent in accordance with the terms of the general LAS permit is not authorized to land apply under the terms of the general LAS permit. A complete and timely notice of intent to be covered in accordance with the general LAS permit requirements, fulfills the requirements for the permit applications.

(ii) The contents of the notice of intent shall be specified in the general LAS permit. The notice of intent shall be signed in accordance with subparagraph 391-3-6-.19(5)(d).

(iii) General LAS permits shall specify the deadline for submitting notices of intent to be covered and the date(s) when land application in authorized under the permit.

(iv) General LAS permits shall specify whether a person that has submitted a timely notice of intent to be covered in accordance with a general LAS permit and that is eligible for coverage under the general LAS permit, is authorized to land apply in accordance with the general LAS permit either upon receipt of the notice of intent by the Director, after a waiting period specified in the general LAS permit, on a date specified in the general LAS permit, or upon receipt of notification of inclusion by the Director. Coverage may be revoked in accordance with subparagraph 391-3-6-.19(3)(b)(3).

3. Requiring an individual permit.
(i) The director may require any person authorized by a general LAS permit to apply for and obtain an individual LAS permit. Any interested person may petition the Director to take action under this rule.

(ii) Any owner or operator authorized by a general LAS permit may request to be excluded from the coverage of the general LAS permit by applying for an individual LAS permit. The owner or operator shall submit an application under paragraph 391-3-6-.11(5), with reasons supporting the request, to the Director.

(iii) When an individual LAS permit is issued to an owner or operator otherwise subject to a general LAS permit, the applicability of the general LAS permit to the individual LAS permittee is automatically terminated on the effective date of the individual LAS permit.

(iv) A source excluded from a general LAS permit solely because it already has an individual LAS permit may request that the individual LAS permit be revoked, and that it be covered by the General LAS permit. Upon revocation of the individual LAS permit, the general LAS permit shall apply to the source.

(v) Whenever the Director decides an individual LAS permit is required, the Director shall notify the permittee in writing if the decision and the reasons for it, and shall send an application form with the notice. The permittee must apply for a permit under paragraph 391-3-6-.11(5) 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-.11(6).

(4) Degree of Waste Treatment Required.

(a) All pollutants shall receive such treatment so as to ensure compliance with the terms and conditions of the issued permit and with the following, whenever applicable:
1. The requirements established in paragraph 391-3-6-.11(4).

2. Notwithstanding the above, more stringent effluent limitations may be required as deemed necessary by the Division (a) to meet any applicable Federal laws or regulations, or (b) to ensure compliance with any applicable State water quality standards, treatment standards, or schedules of compliance.

(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 permit limitations in accordance with paragraph 391-3-6-.11(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 and industrial waste treatment. 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. Storm water pollution prevention plans, erosion and sediment control plans, best management plans and similar reports shall not be subject to this requirement.

(c) Material submitted shall be complete and accurate.

(d) Any NOI form, NOT form, and permit application submitted to the Division shall be signed in accordance with the requirements contained in 391-3-6-.11(5)(d) 1. -3.

(e) All other reports or request for information required by the permit issuing authority shall be signed by in accordance with the requirements contained in 391-3-6-.11(5)(e).

(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 of a new written authorization which meets the requirement of 391-3-6-.11(5)(e) 1. -2. above.

(g) Any person signing any document under (d) or (e) above shall make the following certification: "I certify under the penalty of law that I have personally examined and am familiar with the information submitted in the attached document; and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

(6) Notice and Public Participation. The notice and public participation procedures of Rule 391-3-6-.26 shall apply to the tentative determination to issue a general LAS permit.

(7) Schedules of Compliance. Any person who obtains a General LAS Permit and who is not in compliance with the permit shall be required to achieve compliance in accordance with a schedule as set forth in paragraph 391-3-6-.11(7).

(8) Monitoring, Recording, and Reporting Requirements.

(a) Monitoring, recording, and reporting requirements shall be in accordance with those outlined in paragraph 391-3-6-.11(8) of this Chapter.

(b) General LAS permits that do not require submittal of monitoring reports at least annually shall report to the Director in writing all instances on noncompliance at least annually.

(9) Duration, Continuation, and Transferability of Permits.

(a) Any general LAS permit 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. 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 LAS permit may request that coverage under the general LAS permit be terminated by submitting a written Notice of Termination. The contents of the Notice of Termination shall be specified in the general LAS permit and shall be signed in accordance with subparagraph 391-3-6-.115(d). Subparagraph 391-3-6-.11(11)(b) is not applicable to general LAS permits.

(c) When the permittee has submitted a timely and sufficient application for a new individual LAS permit or a notice of intent for a general LAS 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.

(10) 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.

(11) 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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