Current through August 31, 2023
01.
Electronic Submittals. The Department may require an applicant to
electronically submit information required by this section, if the Department
approves an electronic method of submittal. (3-24-22)
02.
Application Retention
Schedule. An applicant must keep records of all data used to complete a
permit application and any supplemental information submitted for a period of
at least three (3) years from the date the application is signed.
(3-24-22)
03.
Time to
Apply. Any person required under Subsections
102.01 through
102.03 to obtain an IPDES permit
must submit to the Department a complete application for a permit in compliance
with the requirements of this subsection. A permit application must be signed
and certified as required by Section
090 (Signature Requirements).
(3-24-22)
a. A person proposing a new
discharge must submit an application at least one hundred eighty (180) days
before the date on which the discharge is to commence, unless the Department
has granted permission to submit the application on a later date as specified
in Subsections 105.03.e. and f. A facility
proposing a new discharge of storm water associated with industrial activity
must submit an application one hundred eighty (180) days before that facility
commences industrial activity that may result in a discharge of storm water
associated with that industrial activity, unless the Department has granted
permission to submit the application on a later date as specified in
Subsections 105.03.e. and f.
(3-24-22)
b. Facilities described
under 40 CFR
122.26(b)(14)(x) or
(b)(15)(i) must submit an application at
least ninety (90) days before the date on which construction is to commence
unless otherwise required by the terms of an applicable general permit.
(3-24-22)
c. Any TWTDS that
commences operations after promulgation of any applicable "standard for sewage
sludge use or disposal" must submit an application to the Department at least
one hundred eighty (180) days prior to the date proposed for commencing
operations. (3-24-22)
d. A person
discharging from a permitted facility with a currently effective permit must
submit a new application at least one hundred eighty (180) days before the
expiration date of the existing permit, unless the Department has granted
permission to submit the application on a later date as specified in
Subsections 105.03.e. and f.
(3-24-22)
e. Permission may be
granted by the Department for submission of an application in less than one
hundred eighty (180) days. The Department's prior approval must be sought and
obtained in advance of the one hundred eighty (180) days before expiration of
the existing permit or commencement of new discharge. (3-24-22)
f. The application will not be accepted after
the expiration date of the existing permit as an application for renewal of the
permit. Any applications received after the expiration of the permit will be
received and reviewed as an application for a new source or new discharger.
(3-24-22)
04.
Individual Permit Application Forms. An applicant must submit an
application on one (1) or more Department-approved forms appropriate to the
number and type of discharge or outfall at the applicant's facility. A person
required by Subsections
102.01 through
102.03 to obtain an individual
IPDES permit must submit an application to the Department providing the
information required by this subsection and Subsections
105.05 through
105.19, as applicable. The
application must be submitted on one (1) or more of the EPA forms listed in
this subsection, or on the Department equivalent of the listed EPA form:
(3-24-22)
a. All applicants, other than a
POTW, TWTDS, and pesticide applicators (see Subsection
105.06), EPA Form 1 and the
following additional forms, if applicable: (3-24-22)
i. Applicants for a concentrated animal
feeding operation (CAFO; see Subsection
105.09) or concentrated aquatic
animal production (CAAP; see Subsection
105.10) facility, EPA Form 2B;
(3-24-22)
ii. Applicants for an
existing industrial facility, including manufacturing facilities, commercial
facilities, mining activities, and silviculture activities (see Subsection
105.07), EPA Form 2C;
(3-24-22)
iii. Applicants for a new
industrial facility that discharges process wastewater (see Subsection
105.16), EPA Form 2D;
(3-24-22)
iv. Applicants for a new
or existing industrial facility that discharges only non-process wastewater
(see Subsection 105.08.a.), EPA Form 2E;
(3-24-22)
v. Applicants for a new
or existing facility whose discharge is composed entirely of storm water
associated with industrial activity (see Subsection
105.19), EPA Form 2F unless the
applicant is exempted by 40
CFR 122.26(c)(1)(ii). If the
applicant's discharge is composed of storm water and non-storm water (see
Subsections 105.07,
105.08, and
105.16), EPA Forms 2C, 2D, or
2E, as appropriate, are also required; or (3-24-22)
vi. Applicants that operate a sludge-only
facility (see Subsection
105.17), that currently does not
have and is not applying for, an IPDES permit for a direct discharge to a
surface water body, EPA Form 2S; (3-24-22)
b. For an applicant that is a new or existing
POTW (see Subsections
105.11 through
105.15) : (3-24-22)
i. EPA Form 2A; and (3-24-22)
ii. EPA Form 2S, if applicable.
(3-24-22)
05.
Application Information for All Dischargers. In addition to the
application information required for specific dischargers, the Department may
require the submittal of any information necessary to ensure compliance with
Section 103 (Permit
Prohibitions). Such information includes, but is not limited to: (3-24-22)
a. Information required to determine
compliance with the antidegradation policy and antidegradation implementation
provisions set forth in IDAPA 58.01.02.051 and 052, "Water Quality Standards";
(3-24-22)
b. Information required
to determine compliance with the mixing zone provisions set forth in IDAPA
58.01.02.060, "Water Quality Standards"; or (3-24-22)
c. Information necessary for the Department
to authorize a compliance schedule under IDAPA 58.01.02.400, "Water Quality
Standards." (3-24-22)
06.
Application Requirements for Dischargers Other than Treatment Works
Treating Domestic Sewage (TWTDS), Publicly Owned Treatment Works (POTWs), and
Pesticide Applicators. An applicant for an IPDES permit other than a
POTW and other TWTDS, must provide the following information to the Department,
using the appropriate forms specified in Subsection
105.04: (3-24-22)
a. The applicant's activity that requires an
IPDES permit; (3-24-22)
b. The
name, mailing address, e-mail address, and location of the facility for which
the application is submitted; (3-24-22)
c. Up to four (4) Standard Industrial
Classification (SIC) codes that best identify the principal products or
services provided by the facility; (3-24-22)
d. The operator's name, mailing address,
e-mail address, telephone number, ownership status, Employer Identification
Number (EIN) or Department equivalent, and status as federal, state, private,
public, or other entity; (3-24-22)
e. A statement that the facility is located
in Indian country, if applicable; (3-24-22)
f. A listing of all permits or construction
approvals received or applied for under any of the following programs:
(3-24-22)
i. Hazardous waste management
program under IDAPA 58.01.05, "Rules and Standards for Hazardous Waste";
(3-24-22)
ii. Underground injection
control (UIC) program under the Idaho Department of Water Resources UIC program
at IDAPA 37.03.03, "Rules and Minimum Standards for the Construction and Use of
Injection Wells"; (3-24-22)
iii.
IPDES program under IDAPA 58.01.25 "Rules Regulating the Idaho Pollutant
Discharge Elimination System Program"; (3-24-22)
iv. Prevention of significant deterioration
(PSD) program under IDAPA 58.01.01, "Rules for Control of Air Pollution in
Idaho"; (3-24-22)
v. Nonattainment
program under IDAPA 58.01.01, "Rules for Control of Air Pollution in Idaho";
(3-24-22)
vi. National emission
standards for hazardous pollutants (NESHAPS) preconstruction approval under
IDAPA 58.01.01, "Rules for Control of Air Pollution in Idaho";
(3-24-22)
vii. Dredge or fill
permits under the Clean Water Act section
404; or (3-24-22)
viii. Other relevant environmental permits,
programs or activities, including those subject to state jurisdiction,
approval, and permits; and (3-24-22)
g. A topographic map, or other map if a
topographic map is unavailable, extending one (1) mile beyond the property
boundaries of the source, depicting: (3-24-22)
i. The facility and each of its intake and
discharge structures; (3-24-22)
ii.
The location of the facility's hazardous waste treatment, storage, or disposal
areas; (3-24-22)
iii. The location
of each well where fluids from the facility are injected underground; and
(3-24-22)
iv. The location of
wells, springs, other surface water bodies, and drinking water wells listed in
public records or otherwise known by the applicant to exist in the map area;
and (3-24-22)
h. A brief
description of the nature of the business; (3-24-22)
i. An indication of whether the facility uses
cooling water and the source of the cooling water; and (3-24-22)
j. An indication of whether the facility is
requesting any of the variances in Subsection
310.01 if known at the time of
application. (3-24-22)
07.
Application Requirements for
Existing Manufacturing, Commercial, Mining and Silviculture Dischargers.
(3-24-22)
a. Except for a facility subject to
the requirements in Subsection
105.08, an applicant for an
IPDES permit for an existing discharge from a manufacturing, commercial,
mining, or silviculture facility or activity must provide the following
information to the Department, using the applicable forms specified in
Subsection 105.04: (3-24-22)
i. For each outfall: (3-24-22)
(1) The latitude and longitude to the nearest
second and the name of each receiving water; (3-24-22)
(2) A narrative identifying each type of
process, operation, or production area that contributes wastewater to the
effluent from that outfall, including process wastewater, cooling water, and
storm water runoff; processes, operations, or production areas may be described
in general terms, such as dye-making reactor or distillation tower;
(3-24-22)
(3) The average flow that
each process contributes and a description of the treatment the wastewater
receives, including the ultimate disposal of any solid or fluid wastes other
than by discharge; (3-24-22)
(4)
For a privately owned treatment works, the identity of each user of the
treatment works; and (3-24-22)
(5)
The average flow of point sources composed of storm water. For this subsection,
the average flow may be estimated, and the basis for the rainfall event with
the method of estimation must be submitted; (3-24-22)
ii. A description of the frequency, duration,
and flow rate of each discharge occurrence for any of the discharges described
in Subsections 105.07.a.i(2) through
(5) that are intermittent or seasonal, except
for storm water runoff, spillage, or leaks; (3-24-22)
iii. A reasonable measure of the applicant's
actual production reported in the units used in the applicable effluent
guideline, if an effluent guideline promulgated under the Clean Water Act
section 304 applies
to the applicant and is expressed in terms of production or other measure of
operation. The reported measure must reflect the actual production of the
facility as required by Subsection
303.02.b.; (3-24-22)
iv. If the applicant is subject to any
present requirements or compliance schedules for construction, upgrading, or
operation of waste treatment equipment, an identification of the abatement
requirement, a description of the abatement project, and a listing of the
required and projected final compliance dates; (3-24-22)
v. A listing of any toxic pollutant that the
applicant currently uses or manufactures as an intermediate or final product or
byproduct, except that the Department may waive or modify this requirement;
(3-24-22)
(1) If the applicant demonstrates
that it would be unduly burdensome to identify each toxic pollutant; and
(3-24-22)
(2) The Department has
adequate information to issue the permit; (3-24-22)
vi. An identification of any biological
toxicity tests that the applicant knows or has reason to believe have been made
within the last three (3) years on any of the applicant's discharges or on a
receiving water in relation to a discharge; and (3-24-22)
vii. The identity of each laboratory or firm
and the analyses performed, if a contract laboratory or consulting firm
performed any of the analyses required by Subsection
105.07.c. through m.
(3-24-22)
b. The owner or
operator of a facility subject to this subsection must submit, with an
application, a line drawing of the water flow through the facility with a water
balance, showing operations contributing wastewater to the effluent and
treatment units. (3-24-22)
i. In the line
drawing, similar processes, operations, or production areas may be indicated as
a single unit, labeled to correspond to the more detailed identification under
Subsections 105.07.a.i(2) through
(5). (3-24-22)
ii. The water balance must show approximate
average flows at intake and discharge points and between units, including
treatment units. (3-24-22)
iii. If
a water balance cannot be determined for certain activities, the applicant may
instead provide a pictorial description of the nature and amount of any sources
of water and any collection and treatment measures.
(3-24-22)
c. In addition
to the items of information listed in Subsections
105.07.a. through 105.07.b.,
and except for information on storm water discharges required by
40 CFR
122.26, an applicant for an IPDES permit for
an existing facility described in Subsection
105.07.a. must: (3-24-22)
i. Collect, prepare, and submit information
regarding the effluent characteristics and discharge of pollutants specified in
this section; and (3-24-22)
ii.
When quantitative data for a pollutant are required, collect a sample of
effluent and analyze it for the pollutant in accordance with analytical methods
approved under 40 CFR Part 136 , except that when no analytical method is
approved, the applicant may use any suitable method but must describe the
method. (3-24-22)
d. An
applicant under this subsection must: (3-24-22)
i. Use grab samples in providing information
regarding cyanide, total phenols, residual chlorine, oil and grease, fecal
coliform (including E. coli), enterococci (previously known as
fecal streptococcus), and volatile organics; temperature, pH, dissolved oxygen,
and residual chlorine effluent data may be obtained from grab samples or from
calibrated and properly maintained continuous monitors; (3-24-22)
ii. For all other pollutants, use twenty-four
(24) hour composite samples, unless specified otherwise at 40 CFR Part 136,
with a minimum of four (4) grab samples, except that a minimum of one (1) grab
sample may be taken for effluents from holding ponds or other impoundments with
a retention period greater than twenty-four (24) hours;
(3-24-22)
e. For purposes
of Subsection 105.07.c., exceptions to
testing and data provision requirements for effluent characteristics include:
(3-24-22)
i. When an applicant has two (2) or
more outfalls with substantially identical effluents, the Department may allow
the applicant to test only one (1) outfall and report that the quantitative
data also apply to the substantially identical outfall; and (3-24-22)
ii. An applicant's duty under Subsections
105.07.j., k., and l. to
provide quantitative data for certain pollutants known or believed to be
present does not apply to pollutants present in a discharge solely as the
result of their presence in intake water; however, an applicant must report
that those pollutants are present. (3-24-22)
f. For storm water discharges, associated
with an existing facility described in Subsection
105.07.a., from storm events
which yield more than one-tenth (0.1) inch of rainfall: (3-24-22)
i. All samples must be collected from the
discharge resulting from a storm event and at least seventy-two (72) hours
after the previously measurable storm event exceeding one-tenth (0.1) inch
rainfall. Where feasible, the variance in the duration of the event and the
total rainfall of the event should not exceed fifty percent (50%) from the
average or median rainfall event in that area; and (3-24-22)
ii. For all applicants, a flow-weighted
composite sample must be taken for either the entire discharge or for the first
three (3) hours of the discharge, except for the following: (3-24-22)
(1) The sampling may be conducted with a
continuous sampler or as a combination of a minimum of three (3) sample
aliquots taken in each hour of discharge for the entire discharge or for the
first three (3) hours of the discharge, with each aliquot being separated by a
minimum period of fifteen (15) minutes. If the Department approves, an
applicant for a storm water discharge permit under Subsection
105.18 may collect flow-weighted
composite samples using different protocols with respect to the time duration
between the collection of sample aliquots; (3-24-22)
(2) A minimum of one (1) grab sample may be
taken for storm water discharges from holding ponds or other impoundments with
a retention period greater than twenty-four (24) hours; or (3-24-22)
(3) For a flow-weighted composite sample,
only one (1) analysis of the composite of aliquots is required;
(3-24-22)
iii. For
samples taken from discharges associated with industrial activities,
quantitative data must be reported for the grab sample taken during the first
thirty (30) minutes, or as soon thereafter as practicable, of the discharge for
all pollutants specified in Subsection
105.19 except that for all storm
water permit applicants taking flow-weighted composites, quantitative data must
be reported for all pollutants specified in
40 CFR
122.26(a) through (b) and (e) through
(g), Subsections
105.18 and
105.19, but not for pH,
temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal
coliform (including E. coli), and enterococci (previously
known as fecal streptococcus); (3-24-22)
iv. The Department may, on a case-by-case
basis, allow or establish appropriate site-specific sampling procedures or
requirements, including: (3-24-22)
(1)
Sampling locations; (3-24-22)
(2)
The season in which the sampling takes place; (3-24-22)
(3) The minimum duration between the previous
measurable storm event and the sampled storm event; (3-24-22)
(4) The minimum or maximum level of
precipitation required for an appropriate storm event; (3-24-22)
(5) The form of precipitation sampled,
whether snow melt or rain fall; (3-24-22)
(6) Protocols for collecting samples under 40
CFR Part 136 ; and (3-24-22)
(7)
Additional time for submitting data; and (3-24-22)
v. An applicant is deemed to know or have
reason to believe that a pollutant is present in an effluent if an evaluation
of the expected use, production, or storage of the pollutant, or any previous
analyses for the pollutant, show that pollutant's presence.
(3-24-22)
g. Unless a
reporting requirement is waived under Subsection
105.07.h., every applicant
subject to this subsection must report quantitative data for the following
pollutants for every outfall: (3-24-22)
i.
5-day biochemical oxygen demand (BOD5); (3-24-22)
ii. Chemical oxygen demand (COD);
(3-24-22)
iii. Total organic carbon
(TOC); (3-24-22)
iv. Total
suspended solids (TSS); (3-24-22)
v. Ammonia, as N; (3-24-22)
vi. Temperature (both winter and summer); and
(3-24-22)
vii. pH.
(3-24-22)
h. The
Department may waive the reporting requirements under Subsection
105.07.g. for individual point
sources or for a particular industry category for one (1) or more of the
pollutants listed in Subsection
105.07.g. if the applicant
demonstrates that information adequate to support issuance of a permit can be
obtained with less stringent requirements. (3-24-22)
i. Except as provided in Subsection
105.07.o., an applicant with
an existing facility described in Subsection
105.07.a. that has processes
that qualify in one (1) or more of the primary industry categories shown in
Appendix A to 40 CFR Part 122 contributing to a discharge, must report
quantitative data for pollutants in each outfall containing process wastewater
as follows: (3-24-22)
i. Data for the organic
toxic pollutants listed in Table II of Appendix D to 40 CFR Part 122 in the
fractions designated in Table I of Appendix D to 40 CFR Part 122. For purposes
of this subsection: (3-24-22)
(1) Table II of
Appendix D to 40 CFR Part 122 , lists the organic toxic pollutants in each
fraction that result from the sample preparation required by the analytical
procedure that uses gas chromatography/mass spectrometry; and
(3-24-22)
(2) If the Department
determines that an applicant falls within an industrial category for the
purposes of selecting fractions for testing, that determination does not
establish the applicant's category for any other purpose; see Notes 2 and 3 to
40 CFR
122.21; and (3-24-22)
ii. Data for the toxic metals, cyanide, and
total phenols listed in Table III of Appendix D to 40 CFR Part 122 .
(3-24-22)
j. An applicant
under this section must disclose whether the applicant knows or has reason to
believe that any of the conventional and nonconventional pollutants in Table IV
of Appendix D to 40 CFR Part 122 are discharged from each outfall. If an
applicable effluent limitations guideline limits the pollutant either directly
or indirectly by express limitations on an indicator, the applicant must report
quantitative data. For every pollutant discharged that is not limited in an
effluent limitations guideline, the applicant must either report quantitative
data or briefly describe the reasons the pollutant is expected to be
discharged. (3-24-22)
k. An
applicant under this subsection must disclose whether the applicant knows or
has reason to believe that any of the organic toxic pollutants listed in Table
II or the toxic metals, cyanide, or total phenols listed in Table III of
Appendix D to 40 CFR Part 122 for which quantitative data are not otherwise
required under Subsection
105.07.i., are discharged from
each outfall. Unless an applicant qualifies as a small business under
Subsection 105.07.o., the applicant must:
(3-24-22)
i. Report quantitative data for
every pollutant expected to be discharged in concentrations of ten (10) parts
per billion or greater; (3-24-22)
ii. Report quantitative data for acrolein,
acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, if any of
these four (4) pollutants are expected to be discharged in concentrations of
one hundred (100) parts per billion or greater; and (3-24-22)
iii. For every pollutant expected to be
discharged in concentrations less than ten (10) parts per billion, or in the
case of acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6
dinitrophenol, in concentrations less than one hundred (100) parts per billion,
either submit quantitative data, or briefly describe the reasons the pollutant
is expected to be discharged and submit any supporting documentation.
(3-24-22)
l. An applicant
under this subsection must disclose whether the applicant knows or has reason
to believe that asbestos or any of the hazardous substances listed in Table V
of Appendix D to 40 CFR Part 122 are discharged from each outfall. For every
pollutant expected to be discharged, the applicant must briefly describe the
reasons the pollutant is expected to be discharged and report any quantitative
data it has for any pollutant. (3-24-22)
m. An applicant under this subsection must
disclose and report qualitative data, generated using a screening procedure not
calibrated with analytical standards, for 2,3,7, 8-tetrachlorodibenzo-p-dioxin
(TCDD) if the applicant: (3-24-22)
i. Uses or
manufactures the following: (3-24-22)
(1)
2,4,5-trichlorophenoxy acetic acid (2,4,5,-T); (3-24-22)
(2) 2-(2,4,5-trichlorophenoxy) propanoic acid
(Silvex, 2,4,5,-TP); (3-24-22)
(3)
2-(2,4,5-trichlorophenoxy) ethyl, 2,2-dichloropropionate (Erbon);
(3-24-22)
(4) o,o-dimethyl
o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); (3-24-22)
(5) 2,4,5-trichlorophenol (TCP); or
(3-24-22)
(6) Hexachlorophene
(HCP); or (3-24-22)
ii.
Knows or has reason to believe that TCDD is or may be present in an effluent.
(3-24-22)
n. Where
quantitative data are required in Subsections
105.07.c. through m., existing
data may be used, if available, in lieu of sampling done solely for the purpose
of the application, provided that: (3-24-22)
i. All data requirements are met; sampling
was performed, collected, and analyzed no more than four and one-half
(4½) years prior to submission; (3-24-22)
ii. All data are representative of the
discharge; and (3-24-22)
iii. All
available representative data are considered in the values reported.
(3-24-22)
o. An applicant
under this subsection is exempt from the quantitative data requirements in
Subsections 105.07.i. or 105.07.j. for the
organic toxic pollutants listed in Table II of Appendix D to 40 CFR Part 122,
if that applicant qualifies as a small business under one (1) of the following
criteria: (3-24-22)
i. The applicant is a
coal mine with an expected total annual production of less than one hundred
thousand (100,000) tons per year; or (3-24-22)
ii. The applicant has gross total annual
sales averaging less than two hundred eighty-seven thousand, three hundred
dollars ($287,300) per year in 2014 dollars. (3-24-22)
p. In addition to the information reported on
the application form, an applicant under this subsection must provide at the
Department's request, any other information that may be reasonably required to
assess the discharges of the facility and to determine whether to issue an
IPDES permit. The additional information may include additional quantitative
data and bioassays to assess the relative toxicity of discharges to aquatic
life and information required to determine the cause of the toxicity.
(3-24-22)
08.
Application Requirements for New or Existing Manufacturing, Commercial,
Mining, and Silviculture Facilities that Discharge only Non-Process
Wastewater. (3-24-22)
a. An applicant
that is a manufacturing, commercial, mining, or silvicultural discharger that
discharges only non-process wastewater not regulated by an effluent limitations
guideline or new source performance standard must provide the following
information to the Department for all discharges, except for storm water
discharges, using the applicable forms specified in Subsection
105.04: (3-24-22)
i. The number of each outfall, the latitude
and longitude to the nearest second, and the name of each receiving water;
(3-24-22)
ii. For a new discharger,
the date of expected commencement of discharge; (3-24-22)
iii. An identification of the general type of
waste discharged, or expected to be discharged upon commencement of operations,
including sanitary wastes, restaurant or cafeteria wastes, or non-contact
cooling water; (3-24-22)
iv. An
identification of cooling water additives, if any, that are used or expected to
be used upon commencement of operations, along with their composition if
existing composition is available; (3-24-22)
v. Effluent characteristics prepared and
submitted as described in Subsections
105.08.b. and 105.08.c.;
(3-24-22)
vi. A description of the
frequency of flow and duration of any seasonal or intermittent discharge,
except for storm water runoff, leaks, or spills; (3-24-22)
vii. A brief description of any treatment
system used or to be used; (3-24-22)
viii. Any additional information the
applicant wishes to be considered, such as influent data for the purpose of
obtaining net credits under Subsection
303.07; and (3-24-22)
ix. The signature of the certifying official
under Section 090
(Signature Requirements). (3-24-22)
b. Except as otherwise provided in
Subsections 105.08.d. through g., an
application for a discharger described in Subsection
105.08.a. must include
quantitative data for the following pollutants or parameters: (3-24-22)
i. 5-day biochemical oxygen demand (BOD5);
(3-24-22)
ii. Total suspended
solids (TSS); (3-24-22)
iii. Fecal
coliform (including E. coli), if believed present or if
sanitary waste is or will be discharged; (3-24-22)
iv. Total residual chlorine (TRC), if
chlorine is used; (3-24-22)
v. Oil
and grease; (3-24-22)
vi. Chemical
oxygen demand (COD), if non-contact cooling water is or will be discharged;
(3-24-22)
vii. Total organic carbon
(TOC), if non-contact cooling water is or will be discharged;
(3-24-22)
viii. Ammonia, as N;
(3-24-22)
ix. Discharge flow;
(3-24-22)
x. pH; and
(3-24-22)
xi. Temperature, both in
winter and summer, respectively. (3-24-22)
c. For purposes of the data required under
Subsection 105.08.b.: (3-24-22)
i. Grab samples must be used for oil and
grease, fecal coliform (including E. coli), and volatile
organics. Temperature, pH, and TRC effluent data may be obtained from grab
samples or from calibrated and properly maintained continuous monitors;
(3-24-22)
ii. Twenty-four (24) hour
composite samples must be used for pollutants listed in Subsection
105.08.b., other than those
specified in Subsection
105.08.c.i., unless
specified otherwise at 40 CFR Part 136 . Twenty-four (24) hour composite
samples must, at a minimum, be composed of four (4) grab samples unless
specified otherwise at 40 CFR Part 136. For a composite sample, only one (1)
analysis of the composite aliquots is required; (3-24-22)
iii. The quantitative data may be collected
over the past three hundred sixty-five (365) days, as long as the data is
representative of current operations, and must include maximum daily value,
average daily value, and number of measurements taken; and (3-24-22)
iv. The applicant must collect and analyze
samples in accordance with 40 CFR Part 136. (3-24-22)
d. The Department may waive the testing and
reporting requirements for any of the pollutants or flow listed in Subsection
105.08.c. if the applicant
requests a waiver with its application or earlier, and demonstrates that
information adequate to support permit issuance can be obtained through less
stringent requirements. (3-24-22)
e. If the applicant is a new discharger, the
applicant must: (3-24-22)
i. Complete and
submit Item IV of EPA Form 2E, or the Department equivalent, according to
Subsection 105.04.a.iv., by providing
quantitative data in compliance with that section no later than two (2) years
after the discharge commences, except that the applicant need not complete
those portions of Item IV requiring tests that the applicant has already
performed and reported under the discharge monitoring requirements of its IPDES
or NPDES permit; and (3-24-22)
ii.
Include estimates and the source of each estimate instead of sampling data for
the pollutants or parameters listed in Subsection
105.08.b.;
(3-24-22)
f. For purposes
of the data required under this subsection, all pollutant levels must be
reported or estimated as concentration and as total mass, except for flow, pH,
and temperature. Submittal of all estimated data must be accompanied by
documents supporting the estimated value. (3-24-22)
g. An applicant's duty, under Subsections
105.08.b., c., and e., to
provide quantitative data or estimates of certain pollutants does not apply to
pollutants present in a discharge solely as a result of their presence in
intake water. However, an applicant must report the presence of those
pollutants. If the requirements of Subsection
303.07 are met, net credit may
be provided for the presence of pollutants in intake water.
(3-24-22)
09.
Application Requirements for New and Existing Concentrated Animal Feeding
Operations (CAFO). An applicant for an IPDES permit for a new or
existing CAFO, as defined in 40 CFR 122.23(b)
must provide the following information to the Department, using the applicable
forms specified in Subsection
105.04: (3-24-22)
a. The name of the owner or operator;
(3-24-22)
b. The facility location
and mailing addresses; (3-24-22)
c.
Latitude and longitude of the production area to the nearest second, measured
at the entrance to the production area; (3-24-22)
d. A topographic map of the geographic area
in which the concentrated animal feeding operation is located, showing the
specific location of the production area; (3-24-22)
e. Specific information about the number and
type of animals, including, if applicable: beef cattle, broilers, layers, swine
weighing fifty-five (55) pounds or more, swine weighing less than fifty-five
(55) pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs,
horses, ducks, turkeys, or other animals, whether in open confinement or housed
under roof; (3-24-22)
f. The type
of containment and total capacity in tons or gallons of any anaerobic lagoon,
roofed storage shed, storage pond, under-floor pit, above-ground storage tank,
below-ground storage tank, concrete pad, impervious soil pad, or other
structure or area used for containment and storage of manure, litter, and
process wastewater; (3-24-22)
g.
The total number of acres available and under the applicant's control for land
application of manure, litter, or process wastewater; (3-24-22)
h. Estimated amounts of manure, litter, and
process wastewater generated per year in tons or gallons; (3-24-22)
i. Estimated amounts of manure, litter, and
process wastewater transferred to other persons per year in tons or gallons;
and (3-24-22)
j. A nutrient
management plan that has been completed and will be implemented upon the date
of permit coverage. A nutrient management plan must meet, at a minimum, the
requirements specified in 40
CFR 122.42(e), including for
all CAFOs subject to 40 CFR
412.30 through
412.37,
412.40 through
412.47, or the requirements of
40 CFR
412.4(c), as applicable.
(3-24-22)
10.
Application Requirements for New and Existing Concentrated Aquatic Animal
Production (CAAP) Facilities. An applicant for an IPDES permit for a new
or existing CAAP facility must provide the following information, using the
applicable forms specified in Subsection
105.04: (3-24-22)
a. The maximum daily and average monthly flow
from each outfall; (3-24-22)
b. The
number of ponds, raceways, and similar structures; (3-24-22)
c. The name of the receiving water and the
source of intake water; (3-24-22)
d. For each species of aquatic animal, the
total yearly and maximum harvestable weight; and (3-24-22)
e. The calendar month of maximum feeding and
the total mass of food fed during that month. (3-24-22)
11.
Application Requirements for New
and Existing POTWs and Other Dischargers Designated by the Department.
(3-24-22)
a. Except as provided in Subsection
105.11.b., an applicant that
is a POTW and any other discharger designated by the Department must provide
the information in this subsection, using the applicable forms specified in
Subsection 105.04.b. An applicant under
this subsection must submit all information available at the time of
application; however, they may provide information by referencing information
previously submitted to the Department. (3-24-22)
b. The Department may waive any requirement
of this subsection if it has access to substantially identical information or
if that information is not of material concern for a specific permit, if
approved by the EPA Regional Administrator. The waiver request to the Regional
Administrator must include the Department's justification for the waiver. A
Regional Administrator's disapproval of a Department's proposed waiver does not
constitute final agency action, but does provide notice to the state and permit
applicant(s) that EPA may object to any state-issued permit issued in the
absence of the required information. (3-24-22)
c. An applicant under this subsection must
provide: (3-24-22)
i. Name, mailing address,
and location of the facility for which the application is submitted;
(3-24-22)
ii. Name, mailing
address, e-mail address, EIN or Department equivalent, and telephone number of
the applicant, and a statement whether the applicant is the facility's owner,
operator, or both; (3-24-22)
iii. A
list of all environmental permits or construction approvals received or applied
for, including dates, under any of the following programs or types of
activities: (3-24-22)
(1) Hazardous waste
management program under IDAPA 58.01.05, "Rules and Standards for Hazardous
Waste"; (3-24-22)
(2) Underground
injection control (UIC) program under the Idaho Department of Water Resources
UIC program at IDAPA 37.03.03, "Rules and Minimum Standards for the
Construction and Use of Injection Wells"; (3-24-22)
(3) IPDES program under IDAPA 58.01.25,
"Rules Regulating the Idaho Pollutant Discharge Elimination System Program";
(3-24-22)
(4) Prevention of
significant deterioration (PSD) program under IDAPA 58.01.01, "Rules for the
Control of Air Pollution in Idaho"; (3-24-22)
(5) Nonattainment program under IDAPA
58.01.01, "Rules for the Control of Air Pollution in Idaho";
(3-24-22)
(6) National emission
standards for hazardous pollutants (NESHAPS) preconstruction approval under
IDAPA 58.01.01, "Rules for the Control of Air Pollution in Idaho";
(3-24-22)
(7) Dredge or fill
permits under the Clean Water Act section
404; (3-24-22)
(8) Sludge Management Program under IDAPA
58.01.16.650, "Wastewater Rules," and Section
380 (Sewage Sludge) of these rules;
and (3-24-22)
(9) Other relevant
environmental permits, programs, or activities, including those subject to
state jurisdiction, approval, and permits; (3-24-22)
iv. The name, population, and EDUs of each
municipal entity served by the facility, including unincorporated connector
districts, a statement whether each municipal entity owns or maintains the
collection system and, if the information is available, whether the collection
system is a separate sanitary sewer or a combined storm and sanitary sewer;
(3-24-22)
v. A statement whether
the facility is located in Indian country and whether the facility discharges
to a receiving stream that flows through Indian country; (3-24-22)
vi. The facility's design flow rate, or the
wastewater flow rate the plant was built to handle, annual average daily flow
rate, and maximum daily flow rate for each of the previous three (3) years;
(3-24-22)
vii. A statement
identifying the types of collection systems, either separate sanitary sewers or
combined storm and sanitary sewers, used by the treatment works, and an
estimate of the percent of sewer line that each type comprises;
(3-24-22)
viii. The following
information for outfalls to waters of the United States and other discharge or
disposal methods: (3-24-22)
(1) For effluent
discharges to waters of the United States, the total number and types of
outfalls including treated effluent, combined sewer overflows, bypasses,
constructed emergency overflows; (3-24-22)
(2) For wastewater discharged to surface
impoundments, the location of each surface impoundment, the average daily
volume discharged to each surface impoundment, and a statement whether the
discharge is continuous or intermittent; (3-24-22)
(3) For wastewater applied to the land, the
location of each land application site, the size in acres of each land
application site, the average daily volume in gallons per day applied to each
land application site, and a statement whether the land application is
continuous or intermittent; (3-24-22)
(4) For effluent sent to another facility for
treatment prior to discharge, the means by which the effluent is transported,
the name, mailing address, e-mail address, contact person, and phone number of
the organization transporting the discharge, if the transport is provided by a
party other than the applicant, the name, mailing address, e-mail address,
contact person, phone number, and IPDES or NPDES permit number, if any, of the
receiving facility, and the average daily flow rate from this facility into the
receiving facility in million gallons per day (MGD); and (3-24-22)
(5) For wastewater disposed of in a manner
not included in Subsections
105.11.c.viii(1) through
(4), including underground percolation and
underground injection, a description of the disposal method, the location and
size of each disposal site, if applicable, the annual average daily volume in
gallons per day disposed of by this method, and a statement whether disposal by
this method is continuous or intermittent; and (3-24-22)
ix. The name, mailing address, e-mail
address, telephone number, and responsibilities of all contractors responsible
for any operational or maintenance aspects of the POTW facility.
(3-24-22)
x. An indication of
whether applicant is operating under or requesting to operate under a variance
as specified in Subsection
310.02 if known at the time of
application. (3-24-22)
d.
In addition to the information described in Subsection
105.1Tc., an applicant under
this subsection with a design flow greater than or equal to zero point one
(0.1) million gallons per day (MGD) must provide: (3-24-22)
i. The current average daily volume in
gallons per day of inflow and infiltration, and a statement describing steps
the facility is taking to minimize inflow and infiltration; (3-24-22)
ii. A topographic map, or other map if a
topographic map is unavailable, extending at least one (1) mile beyond property
boundaries of the treatment plant including all unit processes, and showing:
(3-24-22)
(1) The treatment plant area and
unit processes; (3-24-22)
(2) The
major pipes or other structures through which wastewater enters the treatment
plant and the pipes or other structures through which treated wastewater is
discharged from the treatment plant, including outfalls from bypass piping, if
applicable; (3-24-22)
(3) Each well
where fluids from the treatment plant are injected underground;
(3-24-22)
(4) Wells, springs, and
other surface water bodies listed in public records or otherwise known to the
applicant within one-quarter (1/4) mile of the property boundaries of the
treatment works; (3-24-22)
(5)
Sewage sludge management facilities including on-site treatment, storage, and
disposal sites; and (3-24-22)
(6)
Each location at which waste classified as hazardous under IDAPA 58.01.05,
"Rules and Standards for Hazardous Waste," enters the treatment plant by truck,
rail, or dedicated pipe; (3-24-22)
iii. A process flow diagram or schematic as
follows: (3-24-22)
(1) A diagram showing the
processes of the treatment plant, including all bypass piping and all backup
power sources or redundancy in the system, including a water balance showing
all treatment units, including disinfection, and showing daily average flow
rates at influent and discharge points and approximate daily flow rates between
treatment units; and (3-24-22)
(2)
A narrative description of the diagram; and (3-24-22)
iv. The following information regarding
scheduled improvements: (3-24-22)
(1) The
outfall number of each affected outfall; (3-24-22)
(2) A narrative description of each required
improvement; (3-24-22)
(3)
Scheduled dates for commencement and completion of construction, commencement
of discharge and attainment of operational level, and actual completion date
for any event listed in this subsection that has been completed; and
(3-24-22)
(4) A description of
permits and authorizations concerning other federal and state requirements.
(3-24-22)
e. An
applicant under this subsection must provide the following information for each
outfall, including bypass points, through which effluent is discharged, as
applicable: (3-24-22)
i. For each outfall:
(3-24-22)
(1) The outfall number;
(3-24-22)
(2) The county, and city
or town in which the outfall is located; (3-24-22)
(3) The latitude and longitude, to the
nearest second; (3-24-22)
(4) The
distance from shore and depth below surface; (3-24-22)
(5) The average daily flow rate, in million
gallons per day (MGD); (3-24-22)
(6) If the outfall has a seasonal or periodic
discharge, the number of times per year the discharge occurs, the duration of
each discharge, the flow of each discharge, and the months in which discharge
occurs; and (3-24-22)
(7) A
statement whether the outfall is equipped with a diffuser and the type of
diffuser used, such as high-rate; (3-24-22)
ii. For each outfall discharging effluent to
waters of the United States, the following receiving water information, if the
information is available: (3-24-22)
(1) The
name of each receiving water; (3-24-22)
(2) The critical flow of each receiving
stream; and (3-24-22)
(3) The total
hardness of the receiving stream at critical low flow; and
(3-24-22)
iii. For each
outfall discharging to waters of the United States, the following information
describing the treatment of the discharges: (3-24-22)
(1) The highest level of treatment, including
primary, equivalent to secondary, secondary, advanced, or other treatment level
provided for: (3-24-22)
(a) The design
biochemical oxygen demand removal percentage; (3-24-22)
(b) The design suspended solids removal
percentage; (3-24-22)
(c) The
design phosphorus removal percentage; (3-24-22)
(d) The design nitrogen removal percentage;
and (3-24-22)
(e) Any other
removals that an advanced treatment system is designed to achieve; and
(3-24-22)
(2) A
description of the type of disinfection used, and a statement whether the
treatment plant dechlorinates, if disinfection is accomplished through
chlorination. (3-24-22)
f. In addition to Subsection
105.11.a., and except as
provided in Subsection
105.11.h., an applicant under
this subsection must undertake sampling and analysis and submit effluent
monitoring information for samples taken from each outfall through which
effluent is discharged to waters of the United States, except for combined
sewer overflows, including the following if applicable: (3-24-22)
i. Sampling and analysis for the pollutants
listed in Appendix J, Table 1A to 40 CFR Part 122 ; (3-24-22)
ii. For an applicant with a design flow
greater than or equal to zero point one (0.1) million gallons per day (MGD),
sampling and analysis for the pollutants listed in Appendix J, Table 1 to 40
CFR Part 122 , except that a facility that does not use chlorine for
disinfection, does not use chlorine elsewhere in the treatment process, and has
no reasonable potential to discharge chlorine in the facility's effluent, is
not required to sample or analyze chlorine; (3-24-22)
iii. Sampling and analysis for the pollutants
listed in Appendix J, Table 2 to 40 CFR Part 122 and for any other pollutants
for which the state or EPA has established water quality standards applicable
to the receiving waters if the facility is: (3-24-22)
(1) A POTW that has a design flow rate equal
to or greater than one (1) million gallons per day (MGD); (3-24-22)
(2) A POTW that has an approved pretreatment
program; (3-24-22)
(3) A POTW that
is required to develop a pretreatment program; or (3-24-22)
(4) Any POTW, as required by the Department
to ensure compliance with these rules; (3-24-22)
iv. Sampling and analysis for additional
pollutants, as the Department may require, on a case-by-case basis;
(3-24-22)
v. Data from a minimum of
three (3) samples taken within four and one-half (4 'A) years before the date
of the permit application; to meet this requirement: (3-24-22)
(1) Samples must be representative of the
seasonal variation in the discharge from each outfall; (3-24-22)
(2) Existing data may be used, if available,
in lieu of sampling done solely for the purpose of this application; and
(3-24-22)
(3) Additional samples
may be required by the Department on a case-by-case basis; and
(3-24-22)
vi. All
existing data for pollutants specified in Subsections
105.11.f.i. through iv.
collected within four and one-half (4 A) years of the application. This data
must be included in the pollutant data summary submitted by the applicant,
except that if the applicant samples for a specific pollutant on a monthly or
more frequent basis, only the data collected for that pollutant within one (1)
year of the application must be provided. (3-24-22)
g. To meet the information requirements of
Subsection 105.11.f., an applicant must:
(3-24-22)
i. Collect samples of effluent and
analyze the samples for pollutants in accordance with analytical methods
approved under 40 CFR Part 136 unless an alternative is specified in the
existing IPDES or NPDES permit; (3-24-22)
ii. Use the following methods: (3-24-22)
(1) Grab samples for pH, temperature,
cyanide, total phenols, residual chlorine, oil and grease, fecal coliform
(including E. coli), and volatile organics. Temperature, pH,
dissolved oxygen, and residual chlorine data may be obtained from grab samples
or from calibrated and properly maintained continuous monitors;
(3-24-22)
(2) Twenty-four (24) hour
composite samples for all other pollutant, unless specified otherwise at 40 CFR
Part 136, using a minimum of four (4) grab samples; for a composite sample,
only one (1) analysis of the composite of aliquots is required; and
(3-24-22)
iii. Provide at
least the following information for each parameter: (3-24-22)
(1) Maximum daily discharge, expressed as
concentration or mass, based upon actual sample values; (3-24-22)
(2) Average daily discharge for all samples,
expressed as concentration or mass, and the number of samples used to obtain
this value; (3-24-22)
(3) The
analytical method used; and (3-24-22)
(4) The threshold level, such as the method
detection limit, minimum level, or other designated method endpoint for the
analytical method used; and (3-24-22)
iv. Report metals as total recoverable,
unless the Department requires otherwise. (3-24-22)
h. When an applicant under this subsection
has two (2) or more outfalls with substantially identical effluent discharging
to the same receiving water segment, the Department may, on a case-by-case
basis, allow the applicant to submit sampling data for only one (1) outfall.
The Department may also allow an applicant to composite samples from one (1) or
more outfalls that discharge into the same mixing zone, pursuant to IDAPA
58.01.02, "Water Quality Standards." For POTWs applying prior to commencement
of discharge, data must be submitted no later than twenty-four (24) months
after the commencement of discharge. (3-24-22)
12.
Whole Effluent Toxicity (WET)
Monitoring for POTWs. (3-24-22)
a. An
applicant for a permit under Subsection
105.11 must submit information
on effluent monitoring for WET, including an identification of any WET tests
conducted during the four and one-half (4 ½) years before the date of
the application on any of the applicant's discharges or on any receiving water
near the discharge. For POTWs applying prior to commencement of discharge, data
must be submitted no later than twenty-four (24) months after the commencement
of discharge. (3-24-22)
b. An
applicant under Subsection
105.11 must submit to the
Department, in compliance with Subsections
105.12.c. through f., the
results of valid WET tests for acute or chronic toxicity for samples taken from
each outfall through which effluent is discharged to surface waters, except for
combined sewer overflows, if the applicant: (3-24-22)
i. Has a design flow rate greater than or
equal to one (1) million gallons per day (MGD); (3-24-22)
ii. Has an approved pretreatment program or
is required to develop a pretreatment program; or (3-24-22)
iii. Is required to comply with this
subsection by the Department, based on consideration of the following factors:
(3-24-22)
(1) The variability of the
pollutants or pollutant parameters in the POTW effluent based on
chemicalspecific information, the type of treatment plant, and types of
industrial contributors; (3-24-22)
(2) The ratio of effluent flow to receiving
stream flow; (3-24-22)
(3) Existing
controls on point or non-point sources, including total maximum daily load
calculations for the receiving stream segment and the relative contribution of
the POTW; (3-24-22)
(4) Receiving
water characteristics, including possible or known water quality impairment,
and whether the POTW discharges to a water designated as an outstanding natural
resource water; or (3-24-22)
(5)
Other considerations, including the history of toxic impacts and compliance
problems at the POTW that the Department determines could cause or contribute
to adverse water quality impacts. (3-24-22)
c. When an applicant under Subsection
105.11 has two (2) or more
outfalls with substantially identical effluent discharging to the same
receiving water segment, the Department may, on a case-by-case basis, allow the
applicant to submit whole effluent toxicity data for only one (1) outfall. The
Department may also allow an applicant to composite samples from one (1) or
more outfalls that discharge into the same mixing zone. (3-24-22)
d. An applicant under Subsection
105.12.b. that is required to
perform WET testing must provide: (3-24-22)
i.
Results of a minimum of four (4) quarterly tests for a year, from the year
preceding the permit application or results from four (4) tests performed at
least annually in the four and one-half (4 ½) year period before the
application, if the results show no appreciable toxicity using a safety factor
determined by the Department; (3-24-22)
ii. The number of chronic or acute whole
effluent toxicity tests that have been conducted since the last permit
reissuance; (3-24-22)
iii. The
results using the form provided by the Department, or test summaries, if
available and comprehensive, for each WET test conducted under this subsection
for which the information has not been reported previously to the Department;
(3-24-22)
iv. For WET data
submitted to the Department within four and one-half (4 ½) years before
the date of the application, the dates on which the data were submitted and a
summary of the results; and (3-24-22)
v. Any information on the cause of toxicity
and written details of any toxicity reduction evaluation conducted, if any WET
test conducted within the past four and one-half (4 ½) years revealed
toxicity. (3-24-22)
e. An
applicant under Subsection
105.11 must conduct tests with
no less than two (2) species, including fish, invertebrate, or plant, and test
for acute or chronic toxicity, depending on the range of receiving water
dilution. Unless the Department directs otherwise, an applicant must conduct
acute or chronic testing based on the following dilutions: (3-24-22)
i. Acute toxicity testing if the dilution of
the effluent is greater than a ratio of one thousand to one (1,000:1) at the
edge of the mixing zone; (3-24-22)
ii. Acute or chronic toxicity testing, if the
dilution of the effluent is between a ratio of one hundred to one (100:1) and
one thousand to one (1,000:1) at the edge of the mixing zone; acute testing may
be more appropriate at the higher end of this range (one thousand to one
(1,000:1)), and chronic testing may be more appropriate at the lower end of
this range (one hundred to one (100:1)); or (3-24-22)
iii. Chronic testing if the dilution of the
effluent is less than a ratio of one hundred to one (100: 1) at the edge of the
mixing zone. (3-24-22)
f.
For purposes of the WET testing required by this section, an applicant must
conduct testing using methods approved under 40 CFR Part 136.
(3-24-22)
13.
Application Requirements for POTWs Receiving Industrial
Discharges. (3-24-22)
a. An applicant
for an IPDES permit as a POTW under Subsection
105.11 must state in its
application the number of significant industrial users (SlU) and
non-significant categorical industrial users (NSCIU), as defined at
40 CFR
403.3(v), including SlUs and
NSCIUs that truck or haul waste, discharging to the POTW. A POTW with one (1)
or more SlUs must provide the following information for each SIU that
discharges to the POTW: (3-24-22)
i. The name
and mailing address of the SIU; (3-24-22)
ii. A description of all industrial processes
that affect or contribute to the SIU's discharge; (3-24-22)
iii. The principal products and raw materials
of each SIU that affects or contributes to that SIU's discharge;
(3-24-22)
iv. The average daily
volume of wastewater discharged by the SIU, indicating the amount attributable
to process flow and non-process flow; (3-24-22)
v. A statement whether the SIU is subject to
local limits; (3-24-22)
vi. A
statement whether the SIU is subject to one (1) or more categorical standards,
and if so, under which category and subcategory; and (3-24-22)
vii. A statement whether any problems at the
POTW, including upsets, pass-through, or interference have been attributed to
the SIU in the past four and one-half (4 ½) years.
(3-24-22)
b. The
information required in Subsection
105.13.a. may be waived by the
Department for a POTW with a pretreatment program if the applicant has
submitted either of the following that contains information substantially
identical to the information required in Subsection
105.13.a.: (3-24-22)
i. An annual report submitted within one (1)
year of the application; or (3-24-22)
ii. A pretreatment program.
(3-24-22)
14.
Application Requirements for POTWs Receiving Discharges from Hazardous
Waste Generators and from Waste Cleanup or Remediation Sites. (3-24-22)
a. A POTW receiving hazardous or corrective
action wastes or wastes generated at another type of cleanup or remediation
site must provide the following information: (3-24-22)
i. If the POTW receives, or has been notified
that it will receive by truck, rail, or dedicated pipe, any wastes that are
regulated as hazardous wastes under 40 CFR Part 261 and IDAPA 58.01.05, "Rules
and Standards for Hazardous Waste," the applicant must report the following:
(3-24-22)
(1) The method of delivery,
including by truck, rail, or dedicated pipe, by which the waste is received;
and (3-24-22)
(2) The applicable
hazardous waste number designated in IDAPA 58.01.05, "Rules and Standards for
Hazardous Waste" for the transported waste, and the amount received annually of
each hazardous waste; and (3-24-22)
ii. If the POTW receives, or has been
notified that it will receive, wastewater that originates from remedial
activities, including those undertaken under Comprehensive Environmental
Response, Compensation, and Liability Act, and the Resource Conservation and
Recovery Act sections
3004(u) or
3008(h), the
applicant must report the following: (3-24-22)
(1) The identity and description of each site
or facility at which the wastewater originates; (3-24-22)
(2) The identity of any known hazardous
constituents specified in IDAPA 58.01.05, "Rules and Standards for Hazardous
Waste," in the wastewater; and (3-24-22)
(3) The extent of any treatment the
wastewater receives or will receive before entering the POTW.
(3-24-22)
b. An
applicant under this subsection is exempt from the requirements of Subsection
105.14.a.ii. if the
applicant receives no more than fifteen (15) kilograms per month of hazardous
wastes, unless the wastes are acute hazardous wastes as specified in IDAPA
58.01.05, "Rules and Standards for Hazardous Waste."
(3-24-22)
15.
Application Requirements for POTWs with Combined Sewer Systems and
Overflows. A POTW applicant with a combined sewer system must provide
the following information on the combined sewer system and outfalls: (3-24-22)
a. A system map indicating the location of:
(3-24-22)
i. All combined sewer overflow
discharge points; (3-24-22)
ii. Any
sensitive use areas potentially affected by combined sewer overflows including
beaches, drinking water supplies, shellfish beds, sensitive aquatic ecosystems;
(3-24-22)
iii. Outstanding national
resource waters potentially affected by combined sewer overflows; and
(3-24-22)
iv. Waters supporting
threatened and endangered species potentially affected by combined sewer
overflows; (3-24-22)
b. A
system diagram of the combined sewer collection system that includes the
locations of: (3-24-22)
i. Major sewer trunk
lines, both combined and separate sanitary; (3-24-22)
ii. Points where separate sanitary sewers
feed into the combined sewer system; (3-24-22)
iii. In-line and off-line storage structures;
(3-24-22)
iv. Flow-regulating
devices; and (3-24-22)
v. Pump
stations; (3-24-22)
c.
Information on each outfall for each combined sewer overflow discharge point
covered by the permit application, including: (3-24-22)
i. The outfall number; (3-24-22)
ii. The county and city or town in which the
outfall is located; (3-24-22)
iii.
The latitude and longitude, to the nearest second; and (3-24-22)
iv. The distance from shore and depth below
surface; (3-24-22)
d. A
statement whether the applicant monitored any of the following in the past year
for a combined sewer overflow: (3-24-22)
i.
Rainfall; (3-24-22)
ii. Overflow
volume; (3-24-22)
iii. Overflow
pollutant concentrations; (3-24-22)
iv. Receiving water quality;
(3-24-22)
v. Overflow frequency;
and (3-24-22)
vi. The number of
storm events monitored in the past year; (3-24-22)
e. Information regarding the number of
combined sewer overflows from each outfall in the past year and, if available:
(3-24-22)
i. The average duration per event;
(3-24-22)
ii. The average volume
for each event; and (3-24-22)
iii.
The minimum rainfall that caused a combined sewer overflow event in the last
year; (3-24-22)
f. The
name of each receiving water; (3-24-22)
g. A description of any known water quality
impact caused by the combined sewer overflow operations, including permanent or
intermittent beach closings, permanent or intermittent shellfish bed closings,
fish kills, fish advisories, other recreational loss, or the exceedance of any
applicable state water quality standard, on the receiving water; and
(3-24-22)
h. All applicants must
provide the name, mailing address, e-mail address, telephone number, and
responsibilities of all contractors responsible for any operational or
maintenance aspects of the facility. (3-24-22)
16.
Application Requirements for New
Sources and New Discharges. (3-24-22)
a. An applicant for an IPDES permit for a new
manufacturing, commercial, mining, silviculture, or other discharge, except for
a new discharge from a facility subject to the requirements of Subsection
105.08 or a new discharge of
storm water associated with industrial activity that is subject to the
requirements of Subsection
105.19, except as provided by
Subsection 105.19.c., must provide the
following information to the Department, using the applicable forms specified
in Subsection 105.04.b.: (3-24-22)
i. The latitude and longitude to the nearest
second of the expected outfall location and the name of each receiving water;
(3-24-22)
ii. The expected date the
discharge will commence; (3-24-22)
iii. The following information on flows,
sources of pollution, and treatment technologies: (3-24-22)
(1) A narrative describing the treatment that
the wastewater will receive, identifying all operations contributing wastewater
to the effluent, stating the average flow contributed by each operation, and
describing the ultimate disposal of any solid or liquid wastes not discharged;
(3-24-22)
(2) A line drawing of the
water flow through the facility with a water balance as described in Subsection
105.07.b.; and
(3-24-22)
(3) If any of the
expected discharges will be intermittent or seasonal, a description of the
frequency, duration, and maximum daily flow rate of each discharge occurrence,
except for storm water runoff, spillage, or leaks;
(3-24-22)
iv. If a new
source performance standard promulgated under the Clean Water Act section
306 or an effluent limitation
guideline applies to the applicant and is expressed in terms of production or
other measure of operation, a reasonable calculation of the applicant's
expected actual production reported in the units used in the applicable
effluent guideline or new source performance standard, as required by
Subsection 303.02.b., for each of the
first three (3) years. The applicant may submit alternative estimates if
production is likely to vary; (3-24-22)
v. The effluent characteristics information
as described in Subsection
105.16.b.; (3-24-22)
vi. The existence of any technical evaluation
concerning the applicant's wastewater treatment, along with the name and
location of similar plants of which the applicant has knowledge;
(3-24-22)
vii. Any optional
information the permittee wishes the Department to consider.
(3-24-22)
b. An applicant
under this section must provide the following effluent characteristics
information: (3-24-22)
i. Estimated daily
maximum, daily average, and the source of that information for each outfall for
the following pollutants or parameters: (3-24-22)
(1) Five (5)-day biochemical oxygen demand
(BOD5); (3-24-22)
(2) Chemical
oxygen demand (COD); (3-24-22)
(3)
Total organic carbon (TOC); (3-24-22)
(4) Total suspended solids (TSS);
(3-24-22)
(5) Flow;
(3-24-22)
(6) Ammonia, as N;
(3-24-22)
(7) Temperature, in both
winter and summer; and (3-24-22)
(8) pH. (3-24-22)
ii. Estimated daily maximum, daily average,
and the source of that information for each outfall for all the conventional
and nonconventional pollutants in Table IV of Appendix D to 40 CFR Part 122 ,
if the applicant knows or has reason to believe any of the pollutants will be
present or if any of the pollutants are limited by an effluent limitation
guideline or new source performance standard either directly or indirectly
through limitations on an indicator pollutant; (3-24-22)
iii. Estimated daily maximum, daily average,
and the source of that information for the following pollutants for each
outfall, if the applicant knows or has reason to believe the pollutants will be
present in the discharge from any outfall: (3-24-22)
(1) All pollutants in Table IV of Appendix D
to 40 CFR Part 122; (3-24-22)
(2)
The toxic metals, total cyanide, and total phenols listed in Table III of
Appendix D to 40 CFR Part 122; (3-24-22)
(3) The organic toxic pollutants in Table II
of Appendix D to 40 CFR Part 122 except bis (chloromethyl) ether,
dichlorofluoromethane, and trichlorofluoromethane; however, this requirement is
waived for: (3-24-22)
(a) An applicant with
expected gross sales of less than two hundred eighty-seven thousand three
hundred dollars ($287,300) per year in 2014 dollars for the next three (3)
years (see also Subsection
105.07.o.ii.); or
(3-24-22)
(b) A coal mine with
expected average production of less than one hundred thousand (100,000) tons of
coal per year (see also Subsection
105.07.o.i.);
(3-24-22)
iv.
The information that 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) may be
discharged if the applicant uses or manufactures one (1) of the following
compounds, or if the applicant knows or has reason to believe that TCDD will or
may be present in an effluent: (3-24-22)
(1)
2,4,5-trichlorophenoxy acetic acid (2,4,5-T); Chemical Abstract Service (CAS)
#93-76-5; (3-24-22)
(2)
2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #93-72-1);
(3-24-22)
(3)
2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS
#136-25-4); (3-24-22)
(4)
o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS
#299-84-3); (3-24-22)
(5)
2,4,5-trichlorophenol (TCP) (CAS #95-95-4); or (3-24-22)
(6) Hexachlorophene (HCP) (CAS #70-30-4); and
(3-24-22)
v. The
potential presence of any of the pollutants listed in Table V of Appendix D to
40 CFR Part 122 if the applicant believes these pollutants will be present in
any outfall, except that quantitative estimates are not required unless they
are already available at the time the applicant applies for the permit.
(3-24-22)
c. No later
than twenty-four (24) months after the commencement of discharge from the
proposed facility, the applicant is required to complete and submit Items V and
VI of EPA application Form 2C or the Department equivalent. The applicant need
not complete those portions of Item V or the Department equivalent requiring
tests already performed and reported under the discharge monitoring
requirements of its permit. (3-24-22)
d. The effluent characteristics requirements
in Subsections 105.08.b., c., and e. that an
applicant must provide estimates of certain pollutants expected to be present
do not apply to pollutants present in a discharge solely as a result of their
presence in intake water. However, an applicant must report that a pollutant is
present. For purposes of this subsection, net credits may be provided for the
presence of pollutants in intake water if the requirements of Subsection
303.07 are met, and (except for
discharge flow, temperature, and pH) all levels must be estimated as
concentration and as total mass. (3-24-22)
e. The Department may waive the reporting
requirements for any of the pollutants and parameters in Subsection
105.16.b. if the applicant
requests a waiver with its application, or earlier, and demonstrates that
information adequate to support issuance of the permit can be obtained through
less stringent reporting requirements. (3-24-22)
17.
Application Requirements for
Treatment Works Treating Domestic Sewage (TWTDS). All TWTDS with a
currently effective NPDES or IPDES permit must submit a permit application at
the time of the next IPDES permit renewal application, using Form 2S or another
application form approved by the Department. New applicants must submit all
information available at the time of permit application. The information may be
provided by referencing information previously submitted to the Department.
(3-24-22)
a. The Department may waive any
requirement of this subsection if there is access to substantially identical
information. The Department may also waive any requirement of this subsection
that is not of material concern for a specific permit, if approved by the EPA
Regional Administrator. The waiver request to the Regional Administrator must
include the Department's justification for the waiver. A Regional
Administrator's disapproval of a Department's proposed waiver does not
constitute final agency action, but does provide notice to the state and permit
applicant(s) that EPA may object to any state-issued permit issued in the
absence of the required information. (3-24-22)
b. All applicants must submit the following
information: (3-24-22)
i. The name, mailing
address, and location of the TWTDS for which the application is submitted;
(3-24-22)
ii. The name, mailing
address, e-mail address, EIN or Department equivalent, and telephone number of
the applicant and indication whether the applicant is the owner, operator, or
both; (3-24-22)
iii. Whether the
facility is a Class I Sludge Management Facility; (3-24-22)
iv. The design flow rate in million gallons
per day (MGD); (3-24-22)
v. The
total population and equivalent dwelling units (EDU) served; and
(3-24-22)
vi. The TWTDS's status as
federal, state, private, public, or other entity. (3-24-22)
c. All applicants must submit the facility's
NPDES or IPDES permit number, if applicable, and a listing of all other
federal, state, and local permits or construction approvals received or applied
for under any of the following programs: (3-24-22)
i. Hazardous waste management program under
IDAPA 58.01.05, "Rules and Standards for Hazardous Waste"; (3-24-22)
ii. Underground injection control (UIC)
program under the Idaho Department of Water Resources UIC program at IDAPA
37.03.03, "Rules and Minimum Standards for the Construction and Use of
Injection Wells"; (3-24-22)
iii.
IPDES program under IDAPA 58.01.25, "Rules Regulating the Idaho Pollutant
Discharge Elimination System Program"; (3-24-22)
iv. Prevention of significant deterioration
(PSD) program under IDAPA 58.01.01, "Rules for the Control of Air Pollution in
Idaho"; (3-24-22)
v. Nonattainment
program under IDAPA 58.01.01, "Rules for the Control of Air Pollution in
Idaho"; (3-24-22)
vi. National
emission standards for hazardous pollutants (NESHAPS) preconstruction approval
under IDAPA 58.01.01, "Rules for the Control of Air Pollution in Idaho";
(3-24-22)
vii. Dredge or fill
permits under the Clean Water Act section
404; (3-24-22)
viii. Sludge Management Program under IDAPA
58.01.16.650, "Wastewater Rules," and Section
380 (Sewage Sludge) of these rules;
and (3-24-22)
ix. Other relevant
environmental permits, programs or activities, including those subject to state
jurisdiction, approval, and permits. (3-24-22)
d. All applicants must identify any
generation, treatment, storage, land application, or disposal of sewage sludge
that occurs in Indian country. (3-24-22)
e. All applicants must submit a topographic
map (or other map if a topographic map is unavailable) extending one (1) mile
beyond property boundaries of the facility and showing the following
information: (3-24-22)
i. All sewage sludge
management facilities, including on-site treatment, storage, and disposal
sites; and (3-24-22)
ii. Wells,
springs, and other surface water bodies that are within one-quarter (%) mile of
the property boundaries and listed in public records or otherwise known to the
applicant. (3-24-22)
f.
All applicants must submit a line drawing and/or a narrative description that
identifies all sewage sludge management practices employed during the term of
the permit, including all units used for collecting, dewatering, storing, or
treating sewage sludge, the destination(s) of all liquids and solids leaving
each such unit, and all processes used for pathogen reduction and vector
attraction reduction. (3-24-22)
g.
The applicant must submit sewage sludge monitoring data for the pollutants for
which limits in sewage sludge have been established in 40 CFR Part 503 for the
applicant's use or disposal practices on the date of permit application.
(3-24-22)
i. The Department may require
sampling for additional pollutants, as appropriate, on a case-by-case basis;
(3-24-22)
ii. Applicants must
provide data from a minimum of three (3) samples taken within four and one-half
(4 ½) years prior to the date of the permit application. Samples must be
representative of the sewage sludge and should be taken at least one (1) month
apart. Existing data may be used in lieu of sampling done solely for the
purpose of this application; (3-24-22)
iii. Applicants must collect and analyze
samples in accordance with analytical methods approved under SW-846 (Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods) unless an
alternative has been specified in an existing sewage sludge permit; and
(3-24-22)
iv. The monitoring data
provided must include at least the following information for each parameter:
(3-24-22)
(1) Average monthly concentration
for all samples (mg/kg dry weight), based upon actual sample values;
(3-24-22)
(2) The analytical method
used; and (3-24-22)
(3) The method
detection level. (3-24-22)
h. If the applicant is either the person who
generates sewage sludge during the treatment of domestic sewage in a treatment
works or the person who derives a material from sewage sludge, the following
information must be provided: (3-24-22)
i. If
the applicant's facility generates sewage sludge, the total dry metric tons per
three hundred sixty-five (365)-day period generated at the facility;
(3-24-22)
ii. If the applicant's
facility receives sewage sludge from another facility, the following
information for each facility from which sewage sludge is received: (3-24-22)
(1) The name, mailing address, and location
of the other facility; (3-24-22)
(2) The total dry metric tons per three
hundred sixty-five (365)-day period received from the other facility; and
(3-24-22)
(3) A description of any
treatment processes occurring at the other facility, including blending
activities and treatment to reduce pathogens or vector attraction
characteristics; (3-24-22)
iii. If the applicant's facility changes the
quality of sewage sludge through blending, treatment, or other activities, the
following information must be submitted: (3-24-22)
(1) Whether the Class A pathogen reduction
requirements in 40 CFR
503.32(a) or the Class B
pathogen reduction requirements in
40 CFR
503.32(b) are met, and a
description of any treatment processes used to reduce pathogens in sewage
sludge; (3-24-22)
(2) Whether any
of the vector attraction reduction options of
40 CFR
503.33(b)(1) through (b)(8)
are met, and a description of any treatment processes used to reduce vector
attraction properties in sewage sludge; and (3-24-22)
(3) A description of any other blending,
treatment, or other activities that change the quality of sewage sludge;
(3-24-22)
iv. If sewage
sludge from the applicant's facility meets the ceiling concentrations in
40 CFR
503.13(b)(1), the pollutant
concentrations in 40 CFR
503.13(b)(3), the Class A
pathogen requirements in 40
CFR 503.32(a), and one (1)
of the vector attraction reduction requirements in
40 CFR
503.33(b)(1) through (b)(8),
and if the sewage sludge is applied to the land, the applicant must provide the
total dry metric tons per three hundred sixty-five (365)-day period of sewage
sludge subject to this subsection that is applied to the land;
(3-24-22)
v. If sewage sludge from
the applicant's facility is sold or given away in a bag or other container for
application to the land, and the sewage sludge is not subject to Subsection
105.17.h.iv., the applicant
must provide the following information: (3-24-22)
(1) The total dry metric tons per three
hundred sixty-five (365)-day period of sewage sludge subject to this subsection
that is sold or given away in a bag or other container for application to the
land; and (3-24-22)
(2) A copy of
all labels or notices that accompany the sewage sludge being sold or given
away; and (3-24-22)
vi.
If sewage sludge from the applicant's facility is provided to another person
who generates sewage sludge during the treatment of domestic sewage in a
treatment works or a person who derives a material from sewage sludge, and the
sewage sludge is not subject to Subsection
105.17.h.iv., the applicant
must provide the following information for each facility receiving the sewage
sludge: (3-24-22)
(1) The name, e-mail
address, and mailing address of the receiving facility; (3-24-22)
(2) The total dry metric tons per three
hundred sixty-five (365)-day period of sewage sludge subject to this subsection
that the applicant provides to the receiving facility; (3-24-22)
(3) A description of any treatment processes
occurring at the receiving facility, including blending activities and
treatment to reduce pathogens or vector attraction characteristic;
(3-24-22)
(4) A copy of the notice
and necessary information that the applicant is required to provide the
receiving facility under 40
CFR 503.12(g); and
(3-24-22)
(5) If the receiving
facility places sewage sludge in bags or containers for sale or give-away to
application to the land, a copy of any labels or notices that accompany the
sewage sludge. (3-24-22)
i. If sewage sludge from the applicant's
facility is applied to the land in bulk form, and is not subject to Subsection
105.17.h.iv., v., or vi.,
the applicant must provide the following information: (3-24-22)
i. The total dry metric tons per three
hundred sixty-five (365)-day period of sewage sludge subject to this subsection
that is applied to the land; (3-24-22)
ii. If any land application sites are located
in states other than the state where the sewage sludge is prepared, a
description of how the applicant will notify the permitting authority for the
state(s) where the land application sites are located; (3-24-22)
iii. The following information for each land
application site that has been identified at the time of permit application:
(3-24-22)
(1) The name (if any), and location
for the land application site; (3-24-22)
(2) The site's latitude and longitude to the
nearest second, and method of determination; (3-24-22)
(3) A topographic map (or other map if a
topographic map is unavailable) that shows the site's location;
(3-24-22)
(4) The name, mailing
address, e-mail address, and telephone number of the site owner, if different
from the applicant; (3-24-22)
(5)
The name, mailing address, e-mail address, and telephone number of the person
who applies sewage sludge to the site, if different from the applicant;
(3-24-22)
(6) Whether the site is
agricultural land, forest, a public contact site, or a reclamation site, as
such site types are defined under
40 CFR
503.11; (3-24-22)
(7) The type of vegetation grown on the site,
if known, and the nitrogen requirement for this vegetation; (3-24-22)
(8) Whether either of the vector attraction
reduction options of 40 CFR
503.33(b)(9) or (b)(10) is
met at the site, and a description of any procedures employed at the time of
use to reduce vector attraction properties in sewage sludge; and
(3-24-22)
(9) Other information
that describes how the site will be managed, as specified by the permitting
authority. (3-24-22)
iv.
The following information for each land application site that has been
identified at the time of permit application, if the applicant intends to apply
bulk sewage sludge subject to the cumulative pollutant loading rates in
40 CFR
503.13(b)(2) to the site:
(3-24-22)
(1) Whether the applicant has
contacted the permitting authority in the state where the bulk sewage sludge
subject to 40 CFR
503.13(b)(2) will be
applied, to ascertain whether bulk sewage sludge subject to
40 CFR
503.13(b)(2) has been
applied to the site on or since July 20, 1993, and if so, the name of the
permitting authority and the name, phone number, and e-mail address, if
available, of a contact person at the permitting authority; (3-24-22)
(2) Identification of facilities other than
the applicant's facility that have sent, or are sending, sewage sludge subject
to the cumulative pollutant loading rates in
40 CFR
503.13(b)(2) to the site
since July 20, 1993, if, based on the inquiry in Subsection
105.17.i.iv(1)
bulk sewage sludge subject to cumulative
pollutant loading rates in 40 CFR
503.13(b)(2) has been
applied to the site since July 20, 1993; (3-24-22)
v. If not all land application sites have
been identified at the time of permit application, the applicant must submit a
land application plan that, at a minimum: (3-24-22)
(1) Describes the geographical area covered
by the plan; (3-24-22)
(2)
Identifies the site selection criteria; (3-24-22)
(3) Describes how the site(s) will be
managed; (3-24-22)
(4) Provides for
advance notice to the permit authority of specific land application sites and
reasonable time for the permit authority to object prior to land application of
the sewage sludge; and (3-24-22)
(5) Provides for advance public notice of
land application sites in the manner prescribed by state and local law. When
state or local law does not require advance public notice, it must be provided
in a manner reasonably calculated to apprise the general public of the planned
land application. (3-24-22)
j. If sewage sludge from the applicant's
facility is placed on a surface disposal site, the applicant must provide the
following information: (3-24-22)
i. The total
dry metric tons of sewage sludge from the applicant's facility that is placed
on surface disposal sites per three hundred sixty-five (365)-day period;
(3-24-22)
ii. The following
information for each surface disposal site receiving sewage sludge from the
applicant's facility that the applicant does not own or operate: (3-24-22)
(1) The site name or number, contact person,
mailing address, e-mail address, and telephone number for the surface disposal
site; and (3-24-22)
(2) The total
dry metric tons from the applicant's facility per three hundred sixty-five
(365)-day period placed on the surface disposal site;
(3-24-22)
iii. The
following information for each active sewage sludge unit at each surface
disposal site that the applicant owns or operates: (3-24-22)
(1) The name or number and the location of
the active sewage sludge unit; (3-24-22)
(2) The unit's latitude and longitude to the
nearest second, and method of determination; (3-24-22)
(3) If not already provided, a topographic
map (or other map if a topographic map is unavailable) that shows the unit's
location; (3-24-22)
(4) The total
dry metric tons placed on the active sewage sludge unit per three hundred
sixty-five (365)-day period; (3-24-22)
(5) The total dry metric tons placed on the
active sewage sludge unit over the life of the unit; (3-24-22)
(6) A description of any liner for the active
sewage sludge unit, including whether it has a maximum permeability of 1 x
10-7 cm/sec;
(3-24-22)
(7) A description of any
leachate collection system for the active sewage sludge unit, including the
method used for leachate disposal, and any federal, state, and local permit
number(s) for leachate disposal; (3-24-22)
(8) If the active sewage sludge unit is less
than one hundred fifty (150) meters from the property line of the surface
disposal site, the actual distance from the unit boundary to the site property
line; (3-24-22)
(9) The remaining
capacity (dry metric tons) for the active sewage sludge unit;
(3-24-22)
(10) The date on which
the active sewage sludge unit is expected to close, if such a date has been
identified; (3-24-22)
(11) The
following information for any other facility that sends sewage sludge to the
active sewage sludge unit: (3-24-22)
(a) The
name, contact person, and mailing address of the facility; and
(3-24-22)
(b) Available information
regarding the quality of the sewage sludge received from the facility,
including any treatment at the facility to reduce pathogens or vector
attraction characteristics; (3-24-22)
(12) Whether any of the vector attraction
reduction options of 40 CFR
503.33(b)(9) through (b)(11)
is met at the active sewage sludge unit, and a description of any procedures
employed at the time of disposal to reduce vector attraction properties in
sewage sludge; (3-24-22)
(13) The
following information, as applicable to any ground water monitoring occurring
at the active sewage sludge unit: (3-24-22)
(a) A description of any ground water
monitoring occurring at the active sewage sludge unit; (3-24-22)
(b) Any available ground water monitoring
data, with a description of the well locations and approximate depth to ground
water; (3-24-22)
(c) A copy of any
ground water monitoring plan that has been prepared for the active sewage
sludge unit; and (3-24-22)
(d) A
copy of any certification that has been obtained from a qualified ground water
scientist that the aquifer has not been contaminated; and
(3-24-22)
(14) If
site-specific pollutant limits are being sought for the sewage sludge placed on
this active sewage sludge unit, information to support such a request.
(3-24-22)
k. If
sewage sludge from the applicant's facility is fired in a sewage sludge
incinerator, the applicant must provide the following information: (3-24-22)
i. The total dry metric tons of sewage sludge
from the applicant's facility that is fired in sewage sludge incinerators per
three hundred sixty-five (365)-day period; (3-24-22)
ii. The following information for each sewage
sludge incinerator firing the applicant's sewage sludge that the applicant does
not own or operate: (3-24-22)
(1) The name
and/or number, contact person, mailing address, e-mail address, and telephone
number of the sewage sludge incinerator; and (3-24-22)
(2) The total dry metric tons from the
applicant's facility per three hundred sixty-five (365)-day period fired in the
sewage sludge incinerator; (3-24-22)
iii. The following information for each
sewage sludge incinerator that the applicant owns or operates: (3-24-22)
(1) The name and/or number and the location
of the sewage sludge incinerator; (3-24-22)
(2) The incinerator's latitude and longitude
to the nearest second, and method of determination; (3-24-22)
(3) The total dry metric tons per three
hundred sixty-five (365)-day period fired in the sewage sludge incinerator;
(3-24-22)
(4) Information, test
data, and documentation of ongoing operating parameters indicating that
compliance with the National Emission Standard for Beryllium in 40 CFR Part 61
will be achieved; (3-24-22)
(5)
Information, test data, and documentation of ongoing operating parameters
indicating that compliance with the National Emission Standard for Mercury in
40 CFR Part 61 will be achieved; (3-24-22)
(6) The dispersion factor for the sewage
sludge incinerator, as well as modeling results and supporting documentation;
(3-24-22)
(7) The control
efficiency for parameters regulated in
40 CFR
503.43, as well as performance test results
and supporting documentation; (3-24-22)
(8) Information used to calculate the risk
specific concentration (RSC) for chromium, including the results of incinerator
stack tests for hexavalent and total chromium concentrations, if the applicant
is requesting a chromium limit based on a site-specific RSC value;
(3-24-22)
(9) Whether the applicant
monitors total hydrocarbons (THC) or Carbon Monoxide (CO) in the exit gas for
the sewage sludge incinerator; (3-24-22)
(10) The type of sewage sludge incinerator;
(3-24-22)
(11) The maximum
performance test combustion temperature, as obtained during the performance
test of the sewage sludge incinerator to determine pollutant control
efficiencies; (3-24-22)
(12) The
following information on the sewage sludge feed rate used during the
performance test: (3-24-22)
(a) Sewage sludge
feed rate in dry metric tons per day; (3-24-22)
(b) Identification of whether the feed rate
submitted is average use or maximum design; and (3-24-22)
(c) A description of how the feed rate was
calculated; (3-24-22)
(13) The incinerator stack height in meters
for each stack, including identification of whether actual or creditable stack
height was used; (3-24-22)
(14) The
operating parameters for the sewage sludge incinerator air pollution control
device(s), as obtained during the performance test of the sewage sludge
incinerator to determine pollutant control efficiencies; (3-24-22)
(15) Identification of the monitoring
equipment in place, including (but not limited to) equipment to monitor the
following: (3-24-22)
(a) Total hydrocarbons or
Carbon Monoxide; (3-24-22)
(b)
Percent Oxygen; (3-24-22)
(c)
Percent moisture; and (3-24-22)
(d)
Combustion temperature; and (3-24-22)
(16) A list of all air pollution control
equipment used with this sewage sludge incinerator.
(3-24-22)
l. If
sewage sludge from the applicant's facility is sent to a municipal solid waste
landfill (MSWLF), the applicant must provide the following information for each
MSWLF to which sewage sludge is sent: (3-24-22)
i. The name, contact person, mailing address,
e-mail address location, and all applicable permit numbers of the MSWLF;
(3-24-22)
ii. The total dry metric
tons per three hundred sixty-five (365)-day period sent from this facility to
the MSWLF; (3-24-22)
iii. A
determination of whether the sewage sludge meets applicable requirements for
disposal of sewage sludge in a MSWLF, including the results of the paint filter
liquids test and any additional requirements that apply on a site-specific
basis; and (3-24-22)
iv.
Information, if known, indicating whether the MSWLF complies with criteria set
forth in 40 CFR Part 258 . (3-24-22)
m. All applicants must provide the name,
mailing address, e-mail address, telephone number, and responsibilities of all
contractors responsible for any operational or maintenance aspects of the
facility related to sewage sludge generation, treatment, use, or disposal.
(3-24-22)
n. At the request of the
Department, the applicant must provide any other information necessary to
determine the appropriate standards for permitting under 40 CFR Part 503 and
any other information necessary to assess the sewage sludge use and disposal
practices, determine whether to issue a permit, or identify appropriate permit
requirements. (3-24-22)
o. TWTDS
facilities using or disposing of sewage sludge to which a standard applicable
to its sewage sludge use or disposal practices have been published must submit
the following information on EPA Form 2S, Part I, or on the Department
equivalent form: (3-24-22)
i. The TWTDS's
name, mailing address, location, and status as federal, state, private, public,
or other entity; (3-24-22)
ii. The
applicant's name, address, e-mail address, telephone number, and ownership
status; (3-24-22)
iii. A
description of the sewage sludge use or disposal practices. Unless the sewage
sludge meets the requirements of Subsection
105.17.h.iv., the
description must include the name and address of any facility where sewage
sludge is sent for treatment or disposal, and the location of any land
application sites; (3-24-22)
iv.
Annual amount of sewage sludge generated, treated, used or disposed (estimated
dry weight basis); and (3-24-22)
v.
The most recent data the TWTDS may have on the quality of the sewage sludge.
(3-24-22)
18.
Application Requirements for Municipal Separate Storm Sewer
Discharges. The operator of a discharge from a large or medium municipal
separate storm sewer or a municipal separate storm sewer that is designated by
the Department under 40 CFR
122.26(a)(1)(v), may submit
a jurisdiction-wide or system-wide permit application. Where more than one (1)
public entity owns or operates a municipal separate storm sewer within a
geographic area (including adjacent or interconnected municipal separate storm
sewer systems), such operators may be a co-applicant to the same application.
Permit applications for discharges from large and medium municipal storm sewers
or municipal storm sewers designated under
40 CFR
122.26 (a)(1)(v) must
include: (3-24-22)
a. In Part 1 of the
application: (3-24-22)
i. The applicants'
name, address, e-mail address, EIN or Department equivalent, telephone number
of contact person, ownership status and status as a state or local government
entity; (3-24-22)
ii. A description
of existing legal authority to control discharges to the municipal separate
storm sewer system. When existing legal authority is not sufficient to meet the
criteria provided in Subsection
105.18.b.i., the description
must list additional authorities as will be necessary to meet the criteria and
include a schedule and commitment to seek such additional authority that will
be needed to meet the criteria; (3-24-22)
iii. A description of the historic use of
ordinances, guidance or other controls which limited the discharge of non-storm
water discharges to any POTW serving the same area as the municipal separate
storm sewer system, including all of the following: (3-24-22)
(1) A USGS seven point five (7.5) minute
topographic map (or equivalent topographic map with a scale between one to ten
thousand (1:10,000) and one to twenty-four thousand (1:24,000) if cost
effective) extending one (1) mile beyond the service boundaries of the
municipal storm sewer system covered by the permit application;
(3-24-22)
(2) The location of known
municipal storm sewer system outfalls discharging to waters of the United
States; (3-24-22)
(3) A description
of the land use activities (e.g. divisions indicating undeveloped, residential,
commercial, agricultural and industrial uses) accompanied with estimates of
population densities and projected growth for a ten (10) year period within the
drainage area served by the separate storm sewer and an estimate of an average
runoff coefficient for each land use type; (3-24-22)
(4) The location and a description of the
activities of the facility of each currently operating or closed municipal
landfill or other treatment, storage or disposal facility for municipal waste;
(3-24-22)
(5) The location and the
permit number of any known discharge to the municipal storm sewer that has been
issued a NPDES or IPDES permit; (3-24-22)
(6) The location of major structural controls
for storm water discharge (retention basins, detention basins, major
infiltration devices, etc.); and (3-24-22)
(7) The identification of publicly owned
parks, recreational areas, and other open lands. (3-24-22)
iv. A description of the discharge including:
(3-24-22)
(1) Monthly mean rain and snow fall
estimates (or summary of weather bureau data) and the monthly average number of
storm events; (3-24-22)
(2)
Existing quantitative data describing the volume and quality of discharges from
the municipal storm sewer, including a description of the outfalls sampled,
sampling procedures and analytical methods used; (3-24-22)
(3) A list of water bodies that receive
discharges from the municipal separate storm sewer system, including downstream
segments, lakes and estuaries, where pollutants from the system discharges may
accumulate and cause water degradation and a brief description of known water
quality impacts. At a minimum, the description of impacts must include a
description of whether the water bodies receiving such discharges have been:
(3-24-22)
(a) Assessed and reported in the
Clean Water Act section
305(b) reports
submitted by the Department, the basis for the assessment (evaluated or
monitored), a summary of designated use support and attainment of Clean Water
Act goals (fishable and swimmable waters), and causes of nonsupport of
designated uses; (3-24-22)
(b)
Listed under the Clean Water Act section
304(l)(1)(A)(i),
304(l)(1)(A)(ii),
or 304(l)(1)(B) that
is not expected to meet water quality standards or water quality goals;
(3-24-22)
(c) Listed in state
Nonpoint Source Assessments required by the Clean Water Act section
319(a), without
additional action to control nonpoint sources of pollution, cannot reasonably
be expected to attain or maintain water quality standards due to storm sewers,
construction, highway maintenance and runoff from municipal landfills and
municipal sludge adding significant pollution (or contributing to a violation
of water quality standards); (3-24-22)
(d) Identified and classified according to
eutrophic condition of publicly owned lakes listed in state reports required
under the Clean Water Act section
314(a) (include
the following: A description of those publicly owned lakes for which uses are
known to be impaired, a description of procedures, processes and methods to
control the discharge of pollutants from municipal separate storm sewers into
such lakes, and a description of methods and procedures to restore the quality
of such lakes); (3-24-22)
(e)
Recognized by the applicant as highly valued or sensitive waters;
(3-24-22)
(f) Defined by the state
as wetlands; and (3-24-22)
(g)
Found to have pollutants in bottom sediments, fish tissue, or biosurvey data.
(3-24-22)
(4) Results of
a field screening analysis for illicit connections and illegal dumping for
either selected field screening points or major outfalls covered in the permit
application. At a minimum, a screening analysis includes a narrative
description, for either each field screening point or major outfall, of visual
observations made during dry weather periods. If any flow is observed, two (2)
grab samples are to be collected during a twenty-four (24)-hour period with a
minimum period of four (4) hours between samples. For all such samples, a
narrative description of the color, odor, turbidity, the presence of an oil
sheen or surface scum as well as any other relevant observations regarding the
potential presence of non-storm water discharges or illegal dumping must be
provided. In addition, a narrative description of the results of a field
analysis using suitable methods to estimate pH, total chlorine, total copper,
total phenol, and detergents (or surfactants) must be provided along with a
description of the flow rate. Where the field analysis does not involve
analytical methods approved under 40 CFR Part 136 , the applicant must provide
a description of the method used including the name of the manufacturer of the
test method along with the range and accuracy of the test. Field screening
points are either major outfalls or other outfall points (or any other point of
access such as manholes) randomly located throughout the storm sewer system by
placing a grid over a drainage system map and identifying those cells of the
grid which contain a segment of the storm sewer system or major outfall. The
field screening points are established using the following guidelines and
criteria: (3-24-22)
(a) Overlay a grid system
consisting of perpendicular north-south and east-west lines spaced one-quarter
(%) mile apart on a map of the municipal storm sewer system, creating a series
of cells; (3-24-22)
(b) Identify
all cells that contain a segment of the storm sewer system; select one (1)
field screening point in each cell; major outfalls may be used as field
screening points; (3-24-22)
(c)
Field screening points should be located downstream of any sources of suspected
illegal or illicit activity; (3-24-22)
(d) Locate field screening points to the
degree practicable at the farthest manhole or other accessible location
downstream in the system, within each cell; however, safety of personnel and
accessibility of the location should be considered in making this
determination; (3-24-22)
(e)
Hydrological conditions, total drainage area of the site, population density of
the site, traffic density, age of the structures or buildings in the area,
history of the area, and land use types; (3-24-22)
(f) For medium municipal separate storm sewer
systems, no more than two hundred fifty (250) cells need to have identified
field screening points; in large municipal separate storm sewer systems, no
more than five hundred (500) cells need to have identified field screening
points; cells established by the grid that contain no storm sewer segments will
be eliminated from consideration; if fewer than two hundred fifty (250) cells
in medium municipal sewers are created, and fewer than 500 in large systems are
created by the overlay on the municipal sewer map, then all those cells which
contain a segment of the sewer system are subject to field screening (unless
access to the separate storm sewer system is impossible); and
(3-24-22)
(g) Large or medium
municipal separate storm sewer systems which are unable to utilize the
procedures described in Subsection
105.18.a.iv(4)(a) through
(f), because a sufficiently detailed map of
the separate storm sewer systems is unavailable, must field screen no more than
five hundred (500) or two hundred fifty (250) major outfalls respectively (or
all major outfalls in the system, if less). In such circumstances, the
applicant must establish a grid system consisting of north-south and east-west
lines spaced one-quarter (%) mile apart as an overlay to the boundaries of the
municipal storm sewer system, thereby creating a series of cells. The applicant
will then select major outfalls in as many cells as possible until at least
five hundred (500) major outfalls (large municipalities) or two hundred fifty
(250) major outfalls (medium municipalities) are selected; a field screening
analysis must occur at these major outfalls; and (3-24-22)
(5) Information and a proposed program to
meet the requirements of Subsection
105.18.b.iii., including
at least: the location of outfalls or field screening points appropriate for
representative data collection under Subsection
105.18.b.iii(1),
a description of why the outfall or field screening point is representative,
the seasons during which sampling is intended, a description of the sampling
equipment. The proposed location of outfalls or field screening points for such
sampling should reflect water quality concerns (see Subsection
105.18.a.iv(3))
to the extent practicable; (3-24-22)
v. A description of the existing management
programs to control pollutants from the municipal separate storm sewer system
including existing source controls and operation and maintenance measures for
structural controls that are currently being implemented. Such controls may
include, but are not limited to: procedures to control pollution resulting from
construction activities; floodplain management controls; wetland protection
measures; best management practices for new subdivisions; and emergency spill
response programs. The description may address controls established under state
law as well as local requirements; (3-24-22)
vi. A description of the existing program to
identify illicit connections to the municipal storm sewer system that includes
inspection procedures and methods for detecting and preventing illicit
discharges and describes areas where this program has been implemented; and
(3-24-22)
vii. A description of the
financial resources currently available to the municipality to complete part 2
of the permit application. A description of the municipality's budget for
existing storm water programs, including an overview of the municipality's
financial resources and budget, including overall indebtedness and assets, and
sources of funds for storm water programs. (3-24-22)
b. In Part 2 of the application: (3-24-22)
i. A demonstration that the applicant can
operate pursuant to legal authority established by statute, ordinance, or
series of contracts which authorizes or enables the applicant at a minimum to:
(3-24-22)
(1) Control through ordinance,
permit, contract, order or similar means, the contribution of pollutants to the
municipal storm sewer by storm water discharges associated with industrial
activity and the quality of storm water discharged from sites of industrial
activity; (3-24-22)
(2) Prohibit
through ordinance, order or similar means, illicit discharges to the municipal
separate storm sewer; (3-24-22)
(3)
Control through ordinance, order or similar means the discharge to a municipal
separate storm sewer of spills, dumping or disposal of materials other than
storm water; (3-24-22)
(4) Control
through interagency agreements among co-applicants the contribution of
pollutants from a portion of the municipal system to another portion of the
municipal system; (3-24-22)
(5)
Require compliance with conditions in ordinances, permits, contracts or orders;
and (3-24-22)
(6) Carry out all
inspection, surveillance, and monitoring procedures necessary to determine
compliance and noncompliance with permit conditions including the prohibition
on illicit discharges to the municipal separate storm sewer.
(3-24-22)
ii. The
location of any major outfall that discharges to waters of the United States
that was not reported under Subsection
105.18.a.iii(2).
Provide an inventory, organized by watershed of the name and address, and a
description (such as Standard Industrial Classification (SIC) codes) which best
reflects the principal products or services provided by each facility which may
discharge, to the municipal separate storm sewer, storm water associated with
industrial activity; (3-24-22)
iii.
When quantitative data for a pollutant are required under Subsection
105.18.b.iii(1)(c),
the applicant must collect a sample of effluent in accordance with Subsection
105.07.c. through 105.07.m.
and analyze it for the pollutant in accordance with analytical methods approved
under 40 CFR Part 136. When no analytical method is approved the applicant may
use any suitable method but must provide a description of the method. The
applicant must provide information characterizing the quality and quantity of
discharges covered in the permit application, including: (3-24-22)
(1) Quantitative data from representative
outfalls designated by the Department developed as follows (based on
information received in part 1 of the application. The Department will
designate between five (5) and ten (10) outfalls or field screening points as
representative of the commercial, residential and industrial land use
activities of the drainage area contributing to the system or, where there are
less than five (5) outfalls covered in the application, the Department will
designate all outfalls): (3-24-22)
(a) For
each outfall or field screening point designated under this subsection, samples
must be collected of storm water discharges from three (3) storm events
occurring at least one (1) month apart in accordance with the requirements at
Subsection 105.07.c. through 105.07.m.
(the Department may allow exemptions to sampling three (3) storm events when
climatic conditions create good cause for such exemptions); (3-24-22)
(b) A narrative description must be provided
of the date and duration of the storm event(s) sampled, rainfall estimates of
the storm event which generated the sampled discharge and the duration between
the storm event sampled and the end of the previous measurable (greater than
one-tenth (0.1) inch rainfall) storm event; (3-24-22)
(c) For samples collected and described under
Subsections 105.18.b.iii(1)(a) and
(b), quantitative data will be provided for
the organic pollutants listed in Table II and the pollutants listed in Table
III (toxic metals, cyanide, and total phenols) of Appendix D of 40 CFR Part 122
, and for the following pollutants: (3-24-22)
(i) Total suspended solids (TSS);
(3-24-22)
(ii) Total dissolved
solids (TDS); (3-24-22)
(iii)
Chemical oxygen demand (COD); (3-24-22)
(iv) Five (5)-day biochemical oxygen demand
(BOD5); (3-24-22)
(v) Oil and
grease; (3-24-22)
(vi) Fecal
coliform (including E. coli); (3-24-22)
(vii) Enterococci (previously known as fecal
streptococcus); (3-24-22)
(viii)
pH; (3-24-22)
(ix) Total Kjeldahl
nitrogen; (3-24-22)
(x) Nitrate
plus nitrite; (3-24-22)
(xi) Total
ammonia plus organic nitrogen; (3-24-22)
(xii) Dissolved phosphorus; and
(3-24-22)
(xiii) Total phosphorus;
(3-24-22)
(d) Additional
limited quantitative data required by the Department for determining permit
conditions (the Department may require that quantitative data be provided for
additional parameters, and may establish sampling conditions such as the
location, season of sample collection, form of precipitation (snow melt,
rainfall) and other parameters necessary to insure representativeness);
(3-24-22)
(2) Estimates
of the annual pollutant load of the cumulative discharges to waters of the
United States from all identified municipal outfalls and the event mean
concentration of the cumulative discharges to waters of the United States from
all identified municipal outfalls during a storm event for BOD5, COD, TSS,
dissolved solids, total nitrogen, total ammonia plus organic nitrogen, total
phosphorus, dissolved phosphorus, cadmium, copper, lead, and zinc. Estimates
must be accompanied by a description of the procedures for estimating
constituent loads and concentrations, including any modelling, data analysis,
and calculation methods; (3-24-22)
(3) A proposed schedule to provide estimates
for each major outfall identified in either Subsection
105.18.b.ii. or
105.18.a.iii(2) of the seasonal pollutant load and of the event mean
concentration of a representative storm for any constituent detected in any
sample required under Subsection
105.18.b.iii(1);
and (3-24-22)
(4) A proposed
monitoring program for representative data collection for the term of the
permit that describes the location of outfalls or field screening points to be
sampled (or the location of instream stations), why the location is
representative, the frequency of sampling, parameters to be sampled, and a
description of sampling equipment; (3-24-22)
iv. A proposed management program covering
the duration of the permit, that includes a comprehensive planning process
involving public participation and where necessary intergovernmental
coordination, to reduce the discharge of pollutants to the maximum extent
practicable using management practices, control techniques and system, design
and engineering methods, and such other provisions which are appropriate. The
program must also include a description of staff and equipment available to
implement the program. Separate proposed programs may be submitted by each
co-applicant. Proposed programs may impose controls on a system wide basis, a
watershed basis, a jurisdiction basis, or on individual outfalls. Proposed
programs will be considered by the Department when developing permit conditions
to reduce pollutants in discharges to the maximum extent practicable. Proposed
management programs must describe priorities for implementing controls. Such
programs must be based on: (3-24-22)
(1) A
description of structural and source control measures to reduce pollutants from
runoff from commercial and residential areas that are discharged from the
municipal storm sewer system that are to be implemented during the life of the
permit, accompanied with an estimate of the expected reduction of pollutant
loads and a proposed schedule for implementing such controls. At a minimum, the
description must include: (3-24-22)
(a) A
description of maintenance activities and a maintenance schedule for structural
controls to reduce pollutants (including floatables) in discharges from
municipal separate storm sewers; (3-24-22)
(b) A description of planning procedures
including a comprehensive master plan to develop, implement and enforce
controls to reduce the discharge of pollutants from municipal separate storm
sewers which receive discharges from areas of new development and significant
redevelopment. Such plan must address controls to reduce pollutants in
discharges from municipal separate storm sewers after construction is completed
(controls to reduce pollutants in discharges from municipal separate storm
sewers containing construction site runoff are addressed in Subsection
105.18.b.iv(4))
; (3-24-22)
(c) A description of
practices for operating and maintaining public streets, roads and highways and
procedures for reducing the impact on receiving waters of discharges from
municipal storm sewer systems, including pollutants discharged as a result of
deicing activities; (3-24-22)
(d) A
description of procedures to assure that flood management projects assess the
impacts on the water quality of receiving water bodies and that existing
structural flood control devices have been evaluated to determine if
retrofitting the device to provide additional pollutant removal from storm
water is feasible; (3-24-22)
(e) A
description of a program to monitor pollutants in runoff from operating or
closed municipal landfills or other treatment, storage, or disposal facilities
for municipal waste that identifies priorities and procedures for inspections
and establishing and implementing control measures for such discharges (this
program can be coordinated with the program developed under Subsection
105.18.b.iv(3))
; and (3-24-22)
(f) A description
of a program to reduce to the maximum extent practicable, pollutants in
discharges from municipal separate storm sewers associated with the application
of pesticides, herbicides, and fertilizer which will include, as appropriate,
controls such as educational activities, permits, certifications and other
measures for commercial applicators and distributors, and controls for
application in public right-of-ways and at municipal facilities;
(3-24-22)
(2) A
description of a program, including a schedule, to detect and remove (or
require the discharger to the municipal separate storm sewer to obtain a
separate IPDES permit for) illicit discharges and improper disposal into the
storm sewer. The proposed program must include: (3-24-22)
(a) A description of a program, including
inspections, to implement and enforce an ordinance, orders or similar means to
prevent illicit discharges to the municipal separate storm sewer system. This
program description must address all types of illicit discharges; however, the
following categories of non-storm water discharges or flows must be addressed
where such discharges are identified by the municipality as sources of
pollutants to waters of the United States: water line flushing, landscape
irrigation, diverted stream flows, rising ground waters, uncontaminated ground
water infiltration (as defined in Section
010) to separate storm sewers,
uncontaminated pumped ground water, discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation water, springs,
water from crawl space pumps, footing drains, lawn watering, individual
residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water (program
descriptions must address discharges or flows from firefighting only where such
discharges or flows are identified as significant sources of pollutants to
waters of the United States); (3-24-22)
(b) A description of procedures to conduct
on-going field screening activities during the life of the permit, including
areas or locations that will be evaluated by such field screens;
(3-24-22)
(c) A description of
procedures to be followed to investigate portions of the separate storm sewer
system that, based on the results of the field screen, or other appropriate
information, indicate a reasonable potential of containing illicit discharges
or other sources of non-storm water (such procedures may include: sampling
procedures for constituents such as fecal coliform (including E.
coli), enterococci (previously known as fecal streptococcus),
surfactants (MBAS), residual chlorine, fluorides and potassium; testing with
fluorometric dyes; or conducting in storm sewer inspections where safety and
other considerations allow. Such description must include the location of storm
sewers that have been identified for such evaluation); (3-24-22)
(d) A description of procedures to prevent,
contain, and respond to spills that may discharge into the municipal separate
storm sewer; (3-24-22)
(e) A
description of a program to promote, publicize, and facilitate public reporting
of the presence of illicit discharges or water quality impacts associated with
discharges from municipal separate storm sewers; (3-24-22)
(f) A description of educational activities,
public information activities, and other appropriate activities to facilitate
the proper management and disposal of used oil and toxic materials; and
(3-24-22)
(g) A description of
controls to limit infiltration of seepage from municipal sanitary sewers to
municipal separate storm sewer systems where necessary;
(3-24-22)
(3) A
description of a program to monitor and control pollutants in storm water
discharges to municipal systems from municipal landfills, hazardous waste
treatment, disposal and recovery facilities, industrial facilities that are
subject to section 313 of title
III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), and
industrial facilities that the municipal permit applicant determines are
contributing a substantial pollutant loading to the municipal storm sewer
system. The program must: (3-24-22)
(a)
Identify priorities and procedures for inspections and establishing and
implementing control measures for such discharges; and (3-24-22)
(b) Describe a monitoring program for storm
water discharges associated with the industrial facilities identified in
Subsection 105.18.b.iv(3),
to be implemented during the term of the permit, including the submission of
quantitative data on the following constituents: any pollutants limited in
effluent guidelines subcategories, where applicable; any pollutant listed in an
existing NPDES or IPDES permit for a facility; oil and grease, COD, pH, BOD5,
TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen,
and any information on discharges required under Subsections
105.07.j. through l.;
(3-24-22)
(4) A
description of a program to implement and maintain structural and
non-structural best management practices to reduce pollutants in storm water
runoff from construction sites to the municipal storm sewer system that
includes: (3-24-22)
(a) A description of
procedures for site planning which incorporate consideration of potential water
quality impacts; (3-24-22)
(b) A
description of requirements for nonstructural and structural best management
practices; (3-24-22)
(c) A
description of procedures for identifying priorities for inspecting sites and
enforcing control measures which consider the nature of the construction
activity, topography, and the characteristics of soils and receiving water
quality; and (3-24-22)
(d) A
description of appropriate educational and training measures for construction
site operators; (3-24-22)
v. Estimated reductions in loadings of
pollutants from discharges of municipal storm sewer constituents from municipal
storm sewer systems expected as the result of the municipal storm water quality
management program. The assessment must also identify known impacts of storm
water controls on ground water; (3-24-22)
vi. For each fiscal year to be covered by the
permit, a fiscal analysis of the necessary capital and operation and
maintenance expenditures necessary to accomplish the activities of the programs
under Subsections 105.18.b.iii. and iv. Such
analysis must include a description of the source of funds that are proposed to
meet the necessary expenditures, including legal restrictions on the use of
such funds; (3-24-22)
vii. Where
more than one (1) legal entity submits an application, the application must
contain a description of the roles and responsibilities of each legal entity
and procedures to ensure effective coordination; and (3-24-22)
viii. Where requirements under Subsections
105.18.a.iv.(5),
105.18.b.ii., 105.18.b.iii.(2), and 105.18.b.iv. are not practicable or are not
applicable, the Department may exclude any operator of a discharge from a
municipal separate storm sewer which is designated under
40 CFR
122.26(a)(1)(v), (b)(4)(ii) or
(b)(7)(ii) from such requirements. The
Department may not exclude the operator of a discharge from a municipal
separate storm sewer identified in Appendix F, G, H or I of 40 CFR Part 122 ,
from any of the permit application requirements under this subsection except
where authorized under this section. (3-24-22)
19.
Application Requirements for
Industrial and Construction Storm Water Discharges. Application
requirements for storm water discharges associated with industrial activity and
storm water discharges associated with small construction activity. (3-24-22)
a. Dischargers of storm water associated with
industrial activity and with small construction activity are required to apply
for an individual permit or seek coverage under a promulgated storm water
general permit. Facilities that are required to obtain an individual permit or
any discharge of storm water which the Department is evaluating for designation
(see Section 130, General
Permits) under 40 CFR
122.26(a)(1)(v) and is not a
municipal storm sewer, must submit an IPDES application in accordance with the
requirements of Section
105 (Application for an Individual
IPDES Permit) as modified and consistent with this subsection.
(3-24-22)
b. Except as provided in
Subsections 105.19.c. through e., the
operator of a storm water discharge associated with industrial activity subject
to this section must provide: (3-24-22)
i. A
site map showing topography (or indicating the outline of drainage areas served
by the outfall(s) covered in the application if a topographic map is
unavailable) of the facility including: (3-24-22)
(1) Each of its drainage and discharge
structures; (3-24-22)
(2) The
drainage area of each storm water outfall; (3-24-22)
(3) Paved areas and buildings within the
drainage area of each storm water outfall, each past or present area used for
outdoor storage or disposal of significant materials, each existing structural
control measure to reduce pollutants in storm water runoff, materials loading
and access areas, areas where pesticides, herbicides, soil conditioners and
fertilizers are applied, each of its hazardous waste treatment, storage or
disposal facilities (including each area not required to have a Resource
Conservation and Recovery Act permit which is used for accumulating hazardous
waste under 40 CFR
262.34 ); (3-24-22)
(4) Each well where fluids from the facility
are injected underground; and (3-24-22)
(5) Springs, and other surface water bodies
which receive storm water discharges from the facility;
(3-24-22)
ii. An estimate
of the area of impervious surfaces (including paved areas and building roofs)
and the total area drained by each outfall (within a mile radius of the
facility) and a narrative description of the following: (3-24-22)
(1) Significant materials that in the three
(3) years prior to the submittal of this application have been treated, stored,
or disposed in a manner to allow exposure to storm water; (3-24-22)
(2) Method of treatment, storage or disposal
of such materials; materials management practices employed, in the three (3)
years prior to the submittal of this application, to minimize contact by these
materials with storm water runoff; (3-24-22)
(3) Materials loading and access areas;
(3-24-22)
(4) The location, manner
and frequency in which pesticides, herbicides, soil conditioners and
fertilizers are applied; (3-24-22)
(5) The location and a description of
existing structural and non-structural control measures to reduce pollutants in
storm water runoff; and (3-24-22)
(6) A description of the treatment the storm
water receives, including the ultimate disposal of any solid or fluid wastes
other than by discharge; (3-24-22)
iii. A certification that all outfalls
containing storm water discharges associated with industrial activity have been
tested or evaluated for the presence of non-storm water discharges which are
not covered by an IPDES permit, including a description of the method used, the
date of any testing, and the on-site drainage points that were directly
observed during a test. Tests for such non-storm water discharges may include
smoke tests, fluorometric dye tests, analysis of accurate schematics, as well
as other appropriate tests.; (3-24-22)
iv. Existing information regarding
significant leaks or spills of toxic or hazardous pollutants at the facility
that have taken place within the three (3) years prior to the submittal of this
application; (3-24-22)
v.
Quantitative data based on samples collected during storm events and collected
in accordance with Subsection
105.07 from all outfalls
containing a storm water discharge associated with industrial activity for the
following parameters: (3-24-22)
(1) Any
pollutant limited in an effluent guideline to which the facility is subject;
(3-24-22)
(2) Any pollutant listed
in the facility's NPDES or IPDES permit for its process wastewater (if the
facility is operating under an existing NPDES or IPDES permit);
(3-24-22)
(3) Oil and grease, pH,
BOD5, COD, TSS, total phosphorus, total Kjeldahl nitrogen, and nitrate plus
nitrite nitrogen; (3-24-22)
(4) Any
information on the discharge required under Subsections
105.07j. through l.;
(3-24-22)
(5) Flow measurements or
estimates of the flow rate, and the total amount of discharge for the storm
event(s) sampled, and the method of flow measurement or estimation; and
(3-24-22)
(6) The date and duration
(in hours) of the storm event(s) sampled, rainfall measurements or estimates of
the storm event (in inches) which generated the sampled runoff and the duration
(in hours) between the storm event sampled and the end of the previous
measurable (greater than one-tenth (0.1) inch rainfall) storm event;
(3-24-22)
vi. Operators
of a discharge which is composed entirely of storm water are exempt from the
requirements of Subsections
105.07.b., 105.07.a.i(2)
through (5), 105.07.a.ii., 105.07.a.iii., 105.07.g., 105.07.h., 105.07.i., and
105.07.m.; and (3-24-22)
vii.
Operators of new sources or new discharges (as defined in Section
010, Definitions) which are
composed in part or entirely of storm water must include estimates for the
pollutants or parameters listed in Subsection
105.19.b.v. instead of
actual sampling data, along with the source of each estimate. Operators of new
sources or new discharges composed in part or entirely of storm water must
provide quantitative data for the parameters listed in Subsection
105.19.b.v. within two (2)
years after commencement of discharge, unless such data has already been
reported under the monitoring requirements of the IPDES permit for the
discharge. Operators of a new source or new discharge which is composed
entirely of storm water are exempt from the requirements of Subsections
105.16.a.iii.(2) and (3),
and 105.16.b. (3-24-22)
c. An operator of an existing or new storm
water discharge that is associated with industrial activity solely under
40 CFR
122.26(b)(14)(x) or is
associated with small construction activity solely under
40 CFR
122.26 (b)(15), is exempt
from the requirements of Subsection
105.07 and Subsection
105.19.b. Such operator must
provide a narrative description of: (3-24-22)
i. The location (including a map) and the
nature of the construction activity; (3-24-22)
ii. The total area of the site and the area
of the site that is expected to undergo excavation during the life of the
permit; (3-24-22)
iii. Proposed
measures, including best management practices, to control pollutants in storm
water discharges during construction, including a brief description of
applicable state and local erosion and sediment control requirements;
(3-24-22)
iv. Proposed measures to
control pollutants in storm water discharges that will occur after construction
operations have been completed, including a brief description of applicable
state or local erosion and sediment control requirements; (3-24-22)
v. An estimate of the runoff coefficient of
the site and the increase in impervious area after the construction addressed
in the permit application is completed, the nature of fill material and
existing data describing the soil or the quality of the discharge; and
(3-24-22)
vi. The name of the
receiving water. (3-24-22)
d. The operator of an existing or new
discharge composed entirely of storm water from an oil or gas exploration,
production, processing, or treatment operation, or transmission facility is not
required to submit a permit application in accordance with Subsection
105.19.b., unless the
facility: (3-24-22)
i. Has had a discharge of
storm water resulting in the discharge of a reportable quantity for which
notification is or was required pursuant to
40 CFR
117.21 or
40 CFR
302.6 at any time since November 16, 1987; or
(3-24-22)
ii. Has had a discharge
of storm water resulting in the discharge of a reportable quantity for which
notification is or was required pursuant to
40 CFR
110.6 at any time since November 16, 1987; or
(3-24-22)
iii. Contributes to a
violation of a water quality standard. (3-24-22)
e. The operator of an existing or new
discharge composed entirely of storm water from a mining operation is not
required to submit a permit application unless the discharge has come into
contact with, any overburden, raw material, intermediate products, finished
product, byproduct or waste products located on the site of such operations.
(3-24-22)
f. Applicants must
provide such other information the Department may reasonably require under
Subsection 105.07.o. to determine whether
to issue a permit and may require any facility subject to Subsection
105.19.c. to comply with
Subsection 105.19.b.
(3-24-22)