(a) Any person
subject to this chapter as defined in section 11-56-3(a) through (c) must
develop, submit, and implement a Water Pollution Prevention Plan, in writing,
and in accordance with the requirements contained in this section and in
Appendices A through C of this chapter:
(1)
The Water Pollution Prevention Plan shall be developed and implemented to
effectively control nonpoint source pollution from the subject property or
activity. Each Water Pollution Prevention Plan must, at a minimum, include:
(A) Legal name, street address, contact
person's name and position title, telephone number, and email address for the
land owner;
(B) Ownership status as
federal, state, private, public, or other entity;
(C) Name, street address, and tax map key
number for the location of the activity subject to this chapter, and the
contact person's name and position title, telephone number, and email
address;
(D) As applicable, a
listing of all entities other than the land owner or prime operator responsible
for the activity associated with a nonpoint source discharge;
(E) Brief facility description, including
area at the location that generate or transport nonpoint source
pollution;
(F) Identification of
the watershed name and location of State waters which may receive nonpoint
source pollution within or from the facility;
(G) Description of the type of specific
activities that generate the nonpoint source discharge;
(H) Description of the authorized management
measure identified in chapter
11-56, Appendices A through C, that
will be implemented to control nonpoint source pollution at the
location;
(I) Description of the
authorized management practice identified in chapter
11-56, Appendices A through C, that
will be implemented to meet each management measure's requirements. For each
management practice to be implemented, the following information shall be
provided:
(i) Name of the practice;
(ii) Issuing entity of the
practice;
(iii) Location (internet
address or other) where the practice can be retrieved;
(iv) Code number or standard number of the
practice, if applicable;
(v)
Description of the practice;
(vi)
Location the practice will be implemented; and
(vii) Description of how the practice meets
the requirements of the management measure.
(J) Implementation schedule of the applicable
management measures and management practice;
(K) Long-term operation and maintenance
schedule that provides for inspection of management practices, including the
repair, replacement, or other routine maintenance of the management practices
to ensure proper function and operation;
(L) A monitoring strategy consistent with
section 11-56-6(a)(2);
(M)
Description of any other plan required by federal, State, or local regulatory
agencies that is being implemented to control nonpoint source pollution; and
(N) The following certification
signed in accordance with section 11-56-18:
"I certify that this Water Pollution Prevention Plan and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly developed this
Water Pollution Prevention Plan in accordance with the requirements of chapter
11-56. I am familiar with the content of this Water Pollution Prevention Plan
and agree to implement it as developed and submitted to the department. I will
maintain a copy of this Water Pollution Prevention Plan on-site or at a nearby
office so as to be available at all times to operations personnel. I am aware
that there are significant penalties for knowingly submitting false
information, including the possibility of fine and imprisonment for
violations."
(2) A
monitoring strategy shall be included as a component of the Water Pollution
Prevention Plan to determine whether the required management measures are being
properly implemented and maintained, and whether the management measures are
effective in reducing and controlling nonpoint source pollution at the location
specified in the Water Pollution Prevention Plan. A monitoring strategy shall
include the following, as applicable:
(A)
Routine periodic visual monitoring and inspection of management
measures;
(B) Routine periodic
visual monitoring and inspection of State waters affected by the nonpoint
source pollution from the facility;
(C) Water quality monitoring of nonpoint
source discharges from the facility;
(D) Water quality monitoring of State waters
affected by the nonpoint source pollution from the facility; or
(E) Other monitoring methods and activities,
as deemed necessary.
(3)
If the monitoring strategy is found to be inadequate for determining whether
the required management measures are being properly implemented and maintained
and whether the management measures are effective in reducing and controlling
nonpoint source pollution at the location specified in the Water Pollution
Prevention Plan, the director may specify monitoring requirements that shall be
implemented. Inadequate or ineffective monitoring strategies cannot be used as
a defense in any enforcement action specified in section 11-56-12 for
violations of this chapter.
(4) If
a submitted Water Pollution Prevention Plan is found to be incomplete or
otherwise deficient, the director may require additional information.
Submission of missing information or information to correct identified
deficiencies shall be in accordance with the schedule specified by the
director. Delays in Water Pollution Prevention Plan implementation due to
incomplete or deficient Water Pollution Prevention Plans does not relieve
entities from enforcement and penalties specified in section 11-56-12 for
violations of this chapter.
(5) As
necessary, the director may require persons to revise a Water Pollution
Prevention Plan to include additional management measures or controls to ensure
protection of State waters from nonpoint source pollution, including
consistency with:
(A) Department-approved
watershed plans;
(B) Approved TMDLs
and associated load allocations;
(C) Watershed restoration and protection
projects funded under Clean Water Act Section 319 (h);
(D) Approved water quality trades;
(E) Supplemental environmental
projects;
(F) Approved Spill
Prevention, Control, and Countermeasure Plans under 40 CFR Part 112;
or
(G) Other requirements needed to
protect or restore State waters.
(6) Persons may submit an existing management
plan to the department in lieu of a Water Pollution Prevention Plan, subject to
the following provisions:
(A) A plan submitted
in lieu of a Water Pollution Prevention Plan shall be considered equivalent to
a Water Pollution Prevention Plan, provided the submitted and implemented plan
meets the objective of a Water Pollution Prevention Plan detailed in this
chapter; and
(B) A plan submitted
in lieu of a Water Pollution Prevention Plan is not considered equivalent to a
Water Pollution Prevention Plan unless reviewed and accepted by the director in
accordance with section 11-56-6.
(7) Water Pollution Prevention Plans shall be
developed, submitted to the department, and implemented within the following
timeframes:
(A) For existing facilities,
within 12 months from the date of publication of this chapter; and
(B) For new facilities, within thirty days
prior to initiation of operations or commencing activities.
(8) The director may authorize an
extension of time for the development and implementation of a Water Pollution
Prevention Plan beyond the time permitted for the development and
implementation of the Water Pollution Prevention Plan under this section, when
persons cannot fully comply with the requirements. Persons seeking an extension
of time must submit a written extension request to the director on or before
the deadline for developing and implementing a Water Pollution Prevention Plan
for the regulated facility. The extension request must include:
(A) A full explanation of the cause for any
such delay and the specific aspects of the Water Pollution Prevention Plan
affected by the delay;
(B) A full
discussion of actions being taken or contemplated to minimize or mitigate such
delay;
(C) A proposed time schedule
for the implementation of any corrective actions being taken or contemplated,
including interim dates for procurement, installation and operation of any
necessary equipment, or other management measures;
(D) Additional information to support
evaluation of an extension request, if requested by the director; and
(E) Additional written statements in support
of the extension request are recommended.
Subsequent to review of an extension request, the director
will notify the requester in writing of a decision to authorize or deny the
request for extension. If authorized, the director's written authorization will
specify the specific extension of time granted. If denied, the notification
will indicate the basis for the denial.
(9) Water Pollution Prevention Plans shall be
amended when there is a substantial change in activity, facility design,
construction, operation, or maintenance that materially affects a regulated
facility's potential for causing or contributing to nonpoint source pollution.
An amendment made under this subsection must be prepared and submitted to the
department within thirty days after the change that compels the amendment. The
amended Water Pollution Prevention Plan shall be implemented as soon as
possible, but not later than thirty days following the submission of the
amendment to the department.
(b) The director shall make available to the
public for inspection copies of Water Pollution Prevention Plans, Nonpoint
Source Orders, and associated documents submitted in accordance with the
requirements of this chapter. Release of information to the public under this
subsection shall be done in accordance with the provisions in section
11-56-10.