Current through August 31, 2023
The following conditions apply to all IPDES permits. Additional
conditions applicable to IPDES permits are in Sections
301 (Permit Conditions for Specific
Categories), 302 (Establishing Permit Provisions), and
40 CFR
122.42(e). All conditions
applicable to IPDES permits will be incorporated into the permits either
expressly or by reference. If incorporated by reference, a specific citation
must be given in the permit. (3-24-22)
01.
Duty to Comply. The
permittee must comply with all conditions of the permit. (3-24-22)
a. Any permit noncompliance constitutes a
violation of Idaho law, the Clean Water Act, and is grounds for: (3-24-22)
i. Enforcement action; (3-24-22)
ii. Permit termination, revocation and
reissuance, or modification; or (3-24-22)
iii. Denial of a permit renewal application.
(3-24-22)
b. The
permittee shall comply with effluent standards or prohibitions established
under the Clean Water Act section
307(a) for toxic
pollutants and with standards for sewage sludge use or disposal established
under the Clean Water Act section
405(d), Section
380 (Sewage Sludge) of these rules,
and IDAPA 58.01.16.650, "Wastewater Rules," within the time provided in the
regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement. (3-24-22)
02.
Duty to Reapply. If the
permittee wishes to continue an activity regulated by the permit after the
expiration date of the permit, the permittee must apply for and obtain a new
permit. If the permittee complies with the application requirements of Section
105 (Application for an Individual
IPDES Permit), or the notice of intent requirements of Section
130 (General Permits) for a general
permit, and a permit is not issued prior to the permit's expiration date, the
permit shall remain in force as stipulated in Subsections
101.02 and
101.03. (3-24-22)
03.
Need to Halt or Reduce
Activity. In an enforcement action, a permittee may not assert as a
defense that compliance with the conditions of the permit would have made it
necessary for the permittee to halt or reduce the permitted activity.
(3-24-22)
04.
Duty to
Mitigate. The permittee shall take all reasonable steps to minimize or
prevent any discharge or sludge use or disposal in violation of the permit
which has a reasonable likelihood of adversely affecting human health or the
environment. (3-24-22)
05.
Proper Operation and Maintenance. The permittee shall at all times
properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of the permit. (3-24-22)
a. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance
procedures. (3-24-22)
b. This
provision requires the operation of back-up or auxiliary facilities or similar
systems which are installed by a permittee only when the operation is necessary
to achieve compliance with the conditions of the permit or are required by
IDAPA 58.01.16 "Wastewater Rules." (3-24-22)
06.
Permit Actions. The permit
may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance,
or termination, or a notification of planned changes or anticipated
noncompliance does not stay any permit condition. (3-24-22)
07.
Property Rights. The permit
does not convey any property rights of any sort, or any exclusive privilege.
(3-24-22)
08.
Duty to Provide
Information. The permittee shall furnish to the Department, within a
reasonable time, any information which the Department may request to determine
whether cause exists for modifying, revoking and reissuing, or terminating the
permit or to determine compliance with the permit. The permittee shall also
furnish to the Department upon request, copies of records required to be kept
by the permit. (3-24-22)
09.
Inspection and Entry. The permittee shall provide the Department's
inspectors, or authorized representatives, including authorized contractors
acting as representatives of the Department, upon presentation of credentials
and other documents as may be required by law, access to: (3-24-22)
a. Enter upon the permittee's premises where
a regulated facility or activity is located or conducted, or where records must
be kept under the conditions of the permit; (3-24-22)
b. Any records that must be kept under the
conditions of the permit and, at reasonable times, to copy such records;
(3-24-22)
c. Inspect, at reasonable
times, any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under the permit; and
(3-24-22)
d. Sample or monitor at
reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at
any location. (3-24-22)
10.
Monitoring and Records. A
permittee must comply with the following monitoring and recordkeeping
conditions: (3-24-22)
a. Samples and
measurements taken for the purpose of monitoring shall be representative of the
monitored activity. (3-24-22)
b.
The permittee shall retain the following records: (3-24-22)
i. All monitoring information, for a period
of at least three (3) years from the date of the sample, measurement, report or
application. This period may be extended by request of the Department at any
time; and (3-24-22)
ii. The
permittee's sewage sludge use and disposal activities shall be retained for a
period of at least five (5) years or longer as required by 40 CFR Part 503 .
(3-24-22)
c. Records of
monitoring information shall include: (3-24-22)
i. All calibration and maintenance records;
(3-24-22)
ii. All original strip
chart recordings for continuous monitoring instrumentation or other forms of
data approved by the Department; (3-24-22)
iii. Copies of all reports required by the
permit; (3-24-22)
iv. Records of
all data used to complete the application or notice of intent for the permit;
(3-24-22)
v. The date, exact place,
and time of sampling or measurements; (3-24-22)
vi. The name of any individual(s) who
performed the sampling or measurements; (3-24-22)
vii. The date(s) any analyses were performed;
(3-24-22)
viii. The name of any
individual(s) who performed the analyses; (3-24-22)
ix. The analytical techniques or methods
used; and (3-24-22)
x. The results
of the analysis. (3-24-22)
d. Monitoring must be conducted according to
test procedures approved under 40 CFR Part 136 unless another test method is
required by 40 CFR Part 401 through 471 or Part 501 through 503.
(3-24-22)
11.
Signatory Requirements. All applications, reports, or information
submitted to the Department shall be signed and certified in accordance with
Section 090
(Signature Requirements) and must include penalty provisions pursuant to
Section 500
(Enforcement). (3-24-22)
12.
Reporting Requirements. (3-24-22)
a. The permittee must give notice to the
Department as soon as possible of any planned physical alterations or additions
to the permitted facility if: (3-24-22)
i.
The alteration or addition to a permitted facility may meet one (1) of the
criteria for determining whether a facility is a new source as defined in
Section 120 (New
Sources and New Discharges) and 010 (Definitions); (3-24-22)
ii. The alteration or addition could
significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which are subject neither
to effluent limitations in the permit, nor to notification requirements under
Subsection 301.01.a.; or
(3-24-22)
iii. The alteration or
addition results in a significant change in the permittee's sludge use or
disposal practices, and such alteration, addition, or change may justify the
application of permit conditions that are different from or absent in the
existing permit, including notification of additional use or disposal sites:
(3-24-22)
(1) Not reported during the permit
application process, or (3-24-22)
(2) Not reported pursuant to an approved land
application or sludge disposal plan. (3-24-22)
b. The permittee must give advance notice to
the Department of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements. (3-24-22)
c. The permit is not transferable to any
person except after notice to the Department. The Department may modify or
revoke and reissue a permit to change the name of the permittee and incorporate
such other requirements as may be necessary under Section
202 (Transfer of IPDES Permits).
(3-24-22)
d. Monitoring results
must be reported at the intervals specified in the permit and meet the
following requirements: (3-24-22)
i.
Monitoring results will be reported on a Discharge Monitoring Report (DMR) or
forms (which may be electronic) provided or specified by the Department for
reporting results of monitoring of sludge use or disposal practices. All
reports and forms submitted in compliance with this section must be submitted
electronically by the permittee to the Department in compliance with this
section and 40 CFR Part 127 unless waived pursuant to
40 CFR
127.15. 40 CFR Part 127 is not intended to
undo existing requirements for electronic reporting. Prior to this date, and
independent of 40 CFR Part 127, permittees may be required to report
electronically if specified by a particular permit. (3-24-22)
ii. If the permittee monitors any pollutant
more frequently than required by the permit using test procedures approved
under 40 CFR Part 136 , or another method required for an industry-specific
waste stream specified in the permit or under 40 CFR Part 401 through 471 or
Part 501 through Part 503, the results of such monitoring will be included in
the calculation and reporting of the data submitted in the DMR or sludge
reporting form specified by the Department. (3-24-22)
iii. Calculations for all limitations which
require averaging of measurements will utilize an arithmetic mean unless
otherwise specified by the Department in the permit.
(3-24-22)
e. A permittee
must submit reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule
of the permit no later than fourteen (14) days following each schedule date of
each requirement. As of December 21, 2020, all reports related to combined
sewer overflows, sanitary sewer overflows, or bypass events submitted in
compliance with this section must be submitted electronically by the permittee
to the Department in compliance with this section and 40 CFR Part 127 unless
waived pursuant to 40 CFR
127.15. 40 CFR Part 127 is not intended to
undo existing requirements for electronic reporting. Prior to this date, and
independent of 40 CFR Part 127, permittees may be required to electronically
submit reports related to combined sewer overflows, sanitary sewer overflows,
or bypass events under this section by a particular permit. The Director may
also require permittees to electronically submit reports not related to
combined sewer overflows, sanitary sewer overflows, or bypass events under this
section. (3-24-22)
f. The permittee
must report to the Department any noncompliance which may endanger health or
the environment as follows: (3-24-22)
i.
Within twenty-four (24) hours from the time the permittee becomes aware of the
circumstances, provide any information orally; (3-24-22)
ii. Within five (5) days from the time the
permittee becomes aware of the circumstances, provide a written submission that
contains a description of: (3-24-22)
(1) The
noncompliance and its cause; (3-24-22)
(2) The period of noncompliance, including
exact dates and times; (3-24-22)
(3) If the noncompliance has not been
corrected, the anticipated time it is expected to continue; and
(3-24-22)
(4) Steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance;
(3-24-22)
(5) For noncompliance
events related to combined sewer overflows, sanitary sewer overflows, or bypass
events, these reports must include the data described in Subsections
300.12.f.ii(1) through
(4), as well as the type of event (combined
sewer overflows, sanitary sewer overflows, or bypass events), type of sewer
overflow structure (e.g., manhole, combine sewer overflow outfall), discharge
volumes untreated by the treatment works treating domestic sewage, types of
human health and environmental impacts of the sewer overflow event, and whether
the noncompliance was related to wet weather. (3-24-22)
(6) As of December 21, 2020, all reports
related to combined sewer overflows, sanitary sewer overflows, or bypass events
submitted in compliance with this section must be submitted electronically by
the permittee to the Department in compliance with this section and
40 CFR Part
127 unless waived pursuant to
40 CFR
127.15. 40 CFR Part 127 is not intended to
undo existing requirements for electronic reporting. Prior to this date, and
independent of 40 CFR Part 127, permittees may be required to electronically
submit reports related to combined sewer overflows, sanitary sewer overflows,
or bypass events under this section by a particular permit. The Director may
also require permittees to electronically submit reports not related to
combined sewer overflows, sanitary sewer overflows, or bypass events under this
section. (3-24-22)
iii.
The following information must be reported within twenty-four (24) hours:
(3-24-22)
(1) Any unanticipated bypass which
exceeds any effluent limitation in the permit (see Subsection
300.07, Property Rights);
(3-24-22)
(2) Any upset which
exceeds any effluent limitation in the permit; and (3-24-22)
(3) Violation of a maximum daily discharge
limitation for any of the pollutants listed by the Department in the permit to
be reported within twenty-four (24) hours (see Subsection
302.09, Twenty-Four Hour
Reporting); and (3-24-22)
iv. The Department may waive the written
report on a case-by-case basis for reports under Subsection
300.12.f.iii. if the oral
report has been received within twenty-four (24) hours.
(3-24-22)
g. The
permittee must report all instances of noncompliance not reported under
Subsections 300.12.d., e., and f., at the
time monitoring reports are submitted. The reports of noncompliance must
contain the information listed in Subsection
300.12.f. As of December 21,
2020, all reports related to combined sewer overflows, sanitary sewer
overflows, or bypass events submitted in compliance with this section must be
submitted electronically by the permittee to the Department in compliance with
this section and 40 CFR Part 127 unless waived pursuant to
40 CFR
127.15. 40 CFR Part 127 is not intended to
undo existing requirements for electronic reporting. Prior to this date, and
independent of 40 CFR Part 127, permittees may be required to electronically
submit reports related to combined sewer overflows, sanitary sewer overflows,
or bypass events under this section by a particular permit. The Director may
also require permittees to electronically submit reports not related to
combined sewer overflows, sanitary sewer overflows, or bypass events under this
section. (3-24-22)
h. Where the
permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in
any report to the Department, it must promptly submit such facts or correct
information. (3-24-22)
13.
Bypass Terms and Conditions.
(3-24-22)
a. Bypass, as defined in Section
010 (Definitions), is prohibited,
and the Department may take enforcement action against a permittee for bypass,
unless: (3-24-22)
i. The bypass was
unavoidable to prevent loss of life, personal injury, or severe property
damage; (3-24-22)
ii. There were no
feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods
of equipment downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and (3-24-22)
iii. The permittee submitted a notice of a
bypass to the Department in accordance with Subsections
300.13.c. and d. As of
December 21, 2020, all notices submitted in compliance with this section must
be submitted electronically by the permittee to the Department in compliance
with this section and 40 CFR Part 127 unless waived pursuant to
40 CFR
127.15. 40 CFR Part 127 is not intended to
undo existing requirements for electronic reporting. Prior to this date, and
independent of CFR Part 127, permittees may be required to report
electronically if specified by a particular permit.
(3-24-22)
b. The
Department may approve an anticipated bypass, after considering its adverse
effects, if the Department determines that it will meet the three (3)
conditions listed in Subsection
300.13.a. (3-24-22)
c. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice to the Department, if possible
at least ten (10) days before the date of the bypass. (3-24-22)
d. The permittee shall submit notice of an
unanticipated bypass as required in Subsection
300.12.f. (24-hour notice).
(3-24-22)
e. Bypasses not exceeding
limitations, are allowed to occur, and are not subject to Subsection
300.13.a. or 300.13.d. if:
(3-24-22)
i. The bypass does not cause
effluent limitations to be exceeded, and (3-24-22)
ii. Only if it also is for essential
maintenance to assure efficient operation.
(3-24-22)
14.
Upset Terms and Conditions. (3-24-22)
a. In any enforcement action for
noncompliance with technology-based permit effluent limitations, a permittee
may claim upset, as defined in Section
010 (Definitions), as an
affirmative defense. A permittee seeking to establish the occurrence of an
upset has the burden of proof. (3-24-22)
b. Any determination made in administrative
review of a claim that noncompliance was caused by upset, before an action for
noncompliance is commenced, is not final administrative action subject to
judicial review. (3-24-22)
c. The
following conditions are necessary for a permittee to demonstrate that an upset
occurred. A permittee who wishes to establish the affirmative defense of upset
must demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that: (3-24-22)
i. An
upset occurred and that the permittee can identify the cause(s) of the upset;
(3-24-22)
ii. The permitted
facility was at the time being properly operated; (3-24-22)
iii. The permittee submitted twenty-four
(24)-hour notice of the upset as required Subsection
300.12.f.iii(2);
and (3-24-22)
iv. The permittee
complied with any remedial measures required under Subsection
300.04.
(3-24-22)
15.
Penalties and Fines. Permits must include penalty and fine
requirements pursuant to Section
500 (Enforcement).
(3-24-22)
