Current through August 31, 2023
Variances from meeting certain water quality standards may be
granted by the Department provided they are consistent with the following
requirements: (3-31-22)
01.
Procedure. Individual variances are to be pollutant and discharger
specific, and shall be granted pursuant to the following: (3-31-22)
a. Prior to granting a variance, the
Department will publish notice of the Department's tentative determination to
grant a variance and will receive written comments for not less than thirty
(30) days after the date the notice is published. The notice will contain a
clear description of the impacts of the variance upon the receiving stream
segment. The Department will also provide an opportunity for oral presentation
of comments, if requested in writing within fourteen (14) days of the notice,
by twenty-five (25) persons, a political subdivision, or an agency.
(3-31-22)
b. The Department's final
variance decision may be appealed pursuant to IDAPA 58.01.23, "Contested Case
Rules and Rules for Protection and Disclosure of Records." The Department will
maintain and make available to the public an updated list of variances.
(3-31-22)
02.
Attainability. In order to obtain a variance from a water quality
standard, the discharger must demonstrate that meeting the standard is
unattainable based on one or more of the following grounds: (3-31-22)
a. Naturally occurring pollutant
concentrations prevent the attainment of the standard; or (3-31-22)
b. Natural, intermittent, or low flow
conditions or water levels prevent the attainment of the standard; or
(3-31-22)
c. Human caused
conditions or sources of pollution prevent the attainment of the standard and
cannot be remedied or would cause more environmental damage to correct than to
leave in place; or (3-31-22)
d.
Dams, diversions or other types of hydrologic modifications preclude the
attainment of the standard, and it is not feasible to restore the water body to
its original condition or to operate such modification in a way that would
result in attainment of the standard; or (3-31-22)
e. Physical conditions related to the natural
features of the water body, unrelated to water quality, preclude attainment of
the standard; or (3-31-22)
f.
Controls more stringent than technology-based effluent limitations would result
in substantial and widespread economic and social impact.
(3-31-22)
03.
Documentation. The discharger must submit to the Department
documentation that treatment more advanced than required by technology-based
effluent limitations have been considered and that alternative effluent control
strategies have been evaluated. (3-31-22)
04.
Effective Period. Any
variance granted by the Department will remain in effect for a period of five
(5) years or the life of the permit. (3-31-22)
a. Upon expiration, the discharger must
either meet the standard or re-apply for the variance in accordance with these
rules. (3-31-22)
b. The discharger
must demonstrate reasonable progress towards meeting the standard when
reapplying for a variance. (3-31-22)
