a.
General permits may be issued, modified, revoked and reissued, or terminated in
accordance with Sections
201 (Modification, or Revocation
and Reissuance of IPDES Permits) and 203 (Termination of IPDES Permits).
(3-24-22)
b. Authorization to
discharge, or authorization to engage in sludge use and disposal practices will
follow these procedures: (3-24-22)
i. Except
as provided in Subsections
130.05.b.xi. and
130.05.b.xii., a discharger must submit, in accordance with general permit
requirements, a complete and timely notice of intent which will fulfill the
requirements for permit applications; (3-24-22)
ii. A discharger (or TWTDS) who fails to
submit a notice of intent in accordance with the terms of the permit is not
authorized to discharge (or in the case of sludge disposal permit, to engage in
a sludge use or disposal practice) under the terms of the general permit
unless: (3-24-22)
(1) The general permit, in
accordance with Subsections
130.05.b.xi., contains a
provision that a notice of intent is not required; or (3-24-22)
(2) The Department notifies a discharger (or
TWTDS) that it is covered by a general permit in accordance with Subsection
130.05.b.xii.;
(3-24-22)
iii. All
notices of intent must be signed as required in Section
090 (Signature Requirements);
(3-24-22)
iv. The general permit
will specify the contents of the notice of intent and require the submission of
information necessary for adequate program implementation, including at a
minimum: (3-24-22)
(1) The legal name,
address, and EIN or Department equivalent of the owner or operator;
(3-24-22)
(2) The facility name and
address; (3-24-22)
(3) Type of
facility or discharges; and (3-24-22)
(4) The receiving stream(s);
(3-24-22)
v. Coverage
under a general permit may be terminated or revoked in accordance with
Subsection 130.05.c. through e.;
(3-24-22)
vi. Notices of intent for
coverage under a general permit for CAFOs must include the information
specified in Subsection
105.09 and
40 CFR
122.21(i)(1), including a
topographic map; (3-24-22)
vii. A
CAFO owner or operator may be authorized to discharge under a general permit
only in accordance with the process described in
40 CFR
122.23(h);
(3-24-22)
viii. General permits for
storm water discharges associated with industrial activity from inactive
mining, inactive oil and gas operations, or inactive landfills occurring on
federal lands where an operator cannot be identified may contain alternative
notice of intent requirements; (3-24-22)
ix. General permits shall specify the
deadlines for submitting notices of intent to be covered and the date(s) when a
discharger is authorized to discharge under the permit; (3-24-22)
x. General permits shall specify whether a
discharger (or TWTDS), who has submitted a complete and timely notice of intent
to be covered in accordance with the general permit and is eligible for
coverage under the permit, is authorized to discharge (or in the case of a
sludge disposal permit, to engage in a sludge use or disposal practice) in
accordance with the permit either: (3-24-22)
(1) Upon receipt of the notice of intent by
the Department; (3-24-22)
(2) After
a waiting period specified in the general permit; (3-24-22)
(3) On a date specified in the general
permit; or (3-24-22)
(4) Upon
receipt of notification of inclusion by the Department;
(3-24-22)
xi. Discharges
other than discharges from POTWs, combined sewer overflows, municipal separate
storm sewer systems, primary industrial facilities, and storm water discharges
associated with industrial activity, may, at the discretion of the Department,
be authorized to discharge under a general permit without submitting a notice
of intent where the Department finds that a notice of intent requirement would
be inappropriate. The Department shall provide in the public notice of the
general permit the reasons for not requiring a notice of intent. In making such
a finding, the Department shall consider: (3-24-22)
(1) The type of discharge;
(3-24-22)
(2) The expected nature
of the discharge; (3-24-22)
(3) The
potential for toxic and conventional pollutants in the discharges;
(3-24-22)
(4) The expected volume
of the discharges; (3-24-22)
(5)
Other means of identifying discharges covered by the permit; and
(3-24-22)
(6) The estimated number
of discharges to be covered by the permit; and (3-24-22)
xii. The Department may notify a discharger
(or TWTDS) that it is covered by a general permit, even if the discharger (or
TWTDS) has not submitted a notice of intent to be covered. A discharger (or
TWTDS) so notified may request an individual permit as specified in Subsection
130.05.d.
(3-24-22)
c. The
Department may terminate, revoke, or deny coverage under a general permit, and
require the discharger or applicant to apply for and obtain an individual IPDES
permit. Any interested person may petition the Department to take action under
this subsection. Cases where an individual IPDES permit may be required include
the following: (3-24-22)
i. The discharger or
TWTDS is not in compliance with the conditions of the general permit;
(3-24-22)
ii. A change has occurred
in the availability of demonstrated technology or practices for the control or
abatement of pollutants applicable to the point source or TWTDS;
(3-24-22)
iii. Effluent limitation
guidelines are promulgated for point sources covered by the general permit;
(3-24-22)
iv. A Water Quality
Management plan containing requirements applicable to such point sources is
approved; (3-24-22)
v.
Circumstances have changed since the time of the request to be covered so that
the discharger is no longer appropriately controlled under the general permit,
or either a temporary or permanent reduction or elimination of the authorized
discharge is necessary; (3-24-22)
vi. Standards for sewage sludge use or
disposal have been promulgated for the sludge use and disposal practice covered
by the general IPDES permit; or (3-24-22)
vii. The discharge(s) is a significant
contributor of pollutants. In making this determination, the Department may
consider the following factors: (3-24-22)
(1)
The location of the discharge with respect to waters of the United States;
(3-24-22)
(2) The size of the
discharge; (3-24-22)
(3) The
quantity and nature of the pollutants discharged to waters of the United
States; and (3-24-22)
(4) Other
relevant factors. (3-24-22)
d. Any owner or operator authorized by a
general permit may request to be excluded from the coverage of the general
permit by applying for an individual permit. (3-24-22)
i. The owner or operator shall submit an
application under Section
105 (Application for an Individual
IPDES Permit), with reasons supporting the request, to the Department no later
than ninety (90) days after the publication of the general permit.
(3-24-22)
ii. The Department shall
process the request under Sections
106 (Individual Permit Application
Review), 107 (Decision Process), 108 (Draft Permit and Fact Sheet) and 109
(Public Notification and Comment). (3-24-22)
iii. The Department shall grant a request by
issuing an individual permit if the reasons cited by the owner or operator are
adequate to support the request. (3-24-22)
e. When an individual IPDES permit is issued
to an owner or operator otherwise subject to a general IPDES permit, the
applicability of the general permit to the individual IPDES permittee is
automatically terminated on the effective date of the individual permit.
(3-24-22)
f. A source excluded from
a general permit, solely because it already has an individual permit, may
request that the individual permit be revoked, and that it be covered by the
general permit. Upon revocation of the individual permit, the general permit
shall apply to the source. (3-24-22)