Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7001 - PERMITS AND CERTIFICATIONS
NPDES PERMITS
Part 7001.1090 - GENERAL CONDITIONS OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS
Universal Citation: MN Rules 7001.1090
Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1. Conditions for all permits.
National pollutant discharge elimination system permits issued by the agency must contain the general conditions set forth in part 7001.0150 and the general conditions as follows:
A.
Notwithstanding the absence in this permit of an effluent limitation for any
toxic pollutant, the permittee shall not discharge a toxic pollutant except
according to Code of Federal Regulations, title 40, parts 400 to 460 and parts
7050.0100 to
7050.0220 and
7055.0010 to
7055.0120 and any other applicable
agency rules.
B. Noncompliance with
a term or condition of this permit subjects the permittee to penalties provided
by federal and state law set forth in section 309 of the Clean Water Act,
United States Code, title 33, section 1319 as amended, and in Minnesota
Statutes, section
115.071, including
monetary penalties, imprisonment, or both.
C. In the event of a reduction or loss of
effective treatment of wastewater at the facility, the permittee shall control
production or curtail its discharges to the extent necessary to maintain
compliance with the terms and conditions of this permit. The permittee shall
continue this control or curtailment until the wastewater treatment facility
has been restored or until an alternative method of treatment is
provided.
D. The permittee shall
submit monitoring data, calculations, and results on a form provided by the
commissioner, known as a discharge monitoring report.
E. If the permittee monitors a pollutant more
frequently than required by the permit, the permittee shall include data,
calculations, and results of this monitoring in the discharge monitoring
report.
F. Calculations of
monitoring results that require averaging of measurements must utilize an
arithmetic mean unless otherwise specified by the permit.
G. A person who falsifies, tampers with, or
knowingly renders inaccurate a monitoring device or method required to be
maintained under this permit is subject to penalties provided by federal and
state law, set forth in section 309 of the Clean Water Act, United States Code,
title 33, section 1319 as amended and Minnesota Statutes, section
115.071, subdivision
2, clause (2).
H. A person who
knowingly makes a false statement, representation, or certification in a record
or other document submitted or required to be maintained under this permit,
including monitoring reports or reports of compliance or noncompliance is
subject to penalties provided by federal and state law set forth in section 309
of the Clean Water Act, United States Code, title 33, section 1319, and
Minnesota Statutes, section
115.071, subdivision
2, clause (2).
I. In addition to
other facts or incidents required by the permit to be reported within 24 hours,
the permittee shall report in accordance with part
7001.0150, subpart
3, item K any unanticipated
bypass or upset that causes an exceedence of an applicable effluent limitation.
The permittee need not submit a written report if the commissioner finds that
the written report is unnecessary.
J. The permittee may allow a bypass to occur
if the bypass will not cause the exceedence of an effluent limitation but only
if the bypass is necessary for essential maintenance to assure efficient
operation of the facility. The permittee shall submit notice of the need for
the bypass at least ten days before the date of the bypass or as soon as
possible under the circumstances.
K. The permittee shall not allow an
anticipated bypass to occur that will cause an exceedence of an applicable
effluent limitation unless the following conditions are met:
(1) The bypass is unavoidable to prevent loss
of life, personal injury, or severe property damage. For the purposes of this
paragraph, "severe property damage" means substantial damage to property of the
permittee or of others; damage to the wastewater treatment facilities that may
cause them to become inoperable; or substantial and permanent loss of natural
resources that can reasonably be expected to occur in the absence of a bypass.
"Severe property damage" does not mean economic loss as a result of a delay in
production.
(2) There is no
feasible alternative to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or performance of maintenance during
normal periods of equipment downtime. This condition is not satisfied if
adequate backup 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 preventative maintenance.
(3) The permittee has notified the
commissioner of the anticipated bypass and the commissioner has approved the
bypass. The commissioner shall approve the bypass if the commissioner finds
that the conditions set forth in items A and B are met.
L. In the event of temporary noncompliance by
the permittee with an applicable effluent limitation resulting from an upset at
the permittee's facility due to factors beyond the control of the permittee,
the permittee has an affirmative defense to an enforcement action brought by
the agency as a result of the noncompliance if the permittee demonstrates by a
preponderance of competent evidence:
(1) the
specific cause of the upset;
(2)
that the upset was unintentional;
(3) that the upset resulted from factors
beyond the control of the permittee and did not result from operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack
of preventative maintenance, or increases in production which are beyond the
design capability of the treatment facilities;
(4) that at the time of the upset the
facility was being properly operated;
(5) that the permittee properly notified the
commissioner of the upset in accordance with item I; and
(6) that the permittee implemented the
remedial measures required by 7001.0150, subpart
3, item J.
Subp. 2. Permits to manufacturing, commercial, mining, or silvicultural dischargers.
A national pollutant discharge elimination system permit issued by the agency to a manufacturing, commercial, mining, or silvicultural discharger must contain the following additional conditions:
A. The permittee shall notify the
commissioner immediately of any knowledge or reason to believe that an activity
has occurred that would result in the discharge of a toxic pollutant listed in
part
7001.1060, subparts 4 to 10 or
listed below that is not limited in the permit, if the discharge of this toxic
pollutant has exceeded or is expected to exceed the following levels:
(1) for acrolein and acrylonitrile, 200
micrograms per liter;
(2) for
2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol, 500 micrograms per
liter;
(3) for antimony, one
milligram per liter;
(4) for any
other toxic pollutant listed in part
7001.1060, subparts 4 to 10, 100
micrograms per liter; or
(5) five
times the maximum concentration value identified and reported for that
pollutant in the permit application.
B. The permittee shall notify the
commissioner immediately if the permittee has begun or expects to begin to use
or manufacture as an intermediate or final by-product a toxic pollutant that
was not reported in the permit application under part
7001.1050, subpart
2, item J.
Subp. 3. Permits for publicly owned treatment works.
A. A
national pollutant discharge elimination system permit issued by the agency to
a publicly owned treatment works must require the permittee to control
contribution to the POTW by each industrial user and report their significant
industrial users and pretreatment activities to the agency as required by
chapter 7049.
B. Permits issued to
publicly owned treatment works that do not operate a federal delegated
pretreatment program, as defined in part
7049.0120, subpart 7, shall
contain or reference the pretreatment requirements applicable to nondelegated
publicly owned treatment works, which are found in parts
7049.0600 to
7049.0720, and shall require the
permittee to notify the agency of any of its industrial users that may be
subject to national categorical pretreatment standards.
C. Permits issued to publicly owned treatment
works that operate a federal delegated pretreatment program, as defined in part
7049.0120, subpart 7, shall
contain pretreatment requirements based on parts
7049.0600 to
7049.0650 and
7049.0800 to
7049.1020 and the publicly owned
treatment work's approved pretreatment program.
Statutory Authority: MS s 115.03
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