Current through Register Vol. 48, No. 9, September 27, 2024
In addition to the conditions established under
section505.43(a)(a), each Land Application permit and State permit may include
conditions meeting the following requirements when applicable.
(b)
(1)
[Reserved]
(2) Standards for sewage
sludge use or disposal under section405(d)(d) of the CWA, unless those
standards have been included in a permit issued under the appropriate
provisions of Subtitle C of the Solid Waste Disposal Act; Part C of Safe
Drinking Water Act; the Marine Protection, Research, and Sanctuaries Act of
1972; the Clean Air Act; or under regulation R.61-9.503. When there are no
applicable standards for sewage sludge use or disposal, the permit may include
requirements developed on a case-by-case basis to protect public health and the
environment from any adverse effects which may occur from toxic pollutants in
sewage sludge. If any applicable standard for sewage sludge use or disposal is
promulgated under section405(d)(d) of the CWA and that standard is more
stringent than any limitation on the pollutant or practice in the permit, the
Department may initiate proceedings under these regulations to modify or revoke
and reissue the permit to conform to the standard for sewage sludge use or
disposal.
(c) Reopener
clause: For any permit issued to a treatment works treating domestic sewage
(including "sludge-only facilities"), the Department shall include a reopener
clause to incorporate any applicable standard for sewage sludge use or disposal
promulgated under section405(d)(d) of the CWA and R.61-9.503. The Department may
promptly modify or revoke and reissue any permit containing the reopener clause
required by this paragraph, if the standard for sewage sludge use or disposal
is more stringent than any requirements for sludge use or disposal in the
permit or controls a pollutant or practice not limited in the permit.
(d) Water quality standards (Regulation
Regulation
61-68) and State requirements:
(1) Achieve surface and groundwater quality
standards, including State narrative criteria for water quality.
(i) Limitations must control all pollutants
or pollutant parameters (either conventional, nonconventional, or toxic
pollutants) which the Department determines are or may be discharged at a level
which will cause or contribute to an excursion above any State water quality or
groundwater standard, including State narrative criteria for water
quality.
(ii) Where the Department
has not established a surface or groundwater quality criterion for a specific
chemical pollutant that is present in an effluent at a concentration that
causes or contributes to an excursion above a narrative criterion within an
applicable State water quality standard, the permitting authority may establish
effluent limits or other requirements, including indicator parameters for
pollutants of concern.
(iii)
Conform to the conditions for State certification under R.61-101 and section401 of the
CWA.
(iv) Conform to applicable
water quality requirements under section401(a)(2)(a)(2) of the CWA when the
discharge affects a State other than the certifying State;
(v) Conform to any more stringent
limitations, treatment standards, or schedule of compliance requirements
established under Federal or State law or regulations;
(vi) Ensure consistency with the requirements
of a Water Quality Management plan approved under section208(b)(b) of the
CWA;
(g) Twenty-four hour reporting. The permittee
shall report any non-compliance which may endanger public health or the
environment. The permittee shall notify the Department orally within 24 hours
of becoming aware of such conditions.
(h) Durations for permits, as set forth in
section505.46.
(i) Monitoring
requirements. In addition to section505.48, the following monitoring
requirements apply:
(1) To assure compliance
with permit limitations and protection of the environment, requirements to
monitor:
(i) Each pollutant limited in the
permit and as necessary to characterize any other pollutant, which may be in
the wastewater, which has a significant potential to have an effect on the
environment or operation of treatment or disposal facilities,
(ii) The volume of effluent applied as
specified in the permit.
(iii)
Other measurements as appropriate including pollutants in internal waste
streams under section505.45(h)(h), frequency, rate of discharge, etc., for
noncontinuous discharges under section505.45(e)(e); pollutants subject to
notification requirements under section505.42(a)(a); and pollutants in sewage
sludge or other monitoring as specified in 40 CFR Part 503 or R.61-9.503 or R.61-9.504; or as
determined to be necessary on a case-by-case basis pursuant to
section405(d)(4)(d)(4) of the CWA.
(iv) According to test procedures approved
under 40 CFR Part 136 or identified in R.61-9.503 or R.61-9.504 for
the analyses of pollutants having approved methods under that part, and
according to a test procedure specified in the permit for pollutants having no
approved methods.
(2)
Requirements to report monitoring results shall be established on a
case-by-case basis with a frequency dependent on the nature and effect of the
discharge.
(3) Permits which do not
require the submittal of monitoring result reports at least annually shall
require that the permittee report all instances of noncompliance not reported
under R.61-9.505.41(l)(1), (4), (5) and (6)(l)(1), (4), (5) and (6) at least
annually.
(j)
Pretreatment program for POTWs. Requirements for POTWs to:
(1) Identify, in terms of character and
volume of pollutants, any significant indirect dischargers into the POTW
subject to pretreatment standards under section307(b)(b) of the CWA and
R.61-9.403.
(2) Submit a local
program when required by and in accordance with R.61-9.403 to assure compliance
with pretreatment standards to the extent applicable under section307(b)(b).
The local program shall be incorporated into the permit as described in
R.61-9.403. The program shall
require all indirect dischargers to the POTW to comply with the reporting
requirements of R.61-9.403.
(3) For
POTWs which are "sludge-only facilities," a requirement to develop a
pretreatment program under R.61-9.403 when the Department
determines that a pretreatment program is necessary to assure compliance with
section405(d)(d) of the CWA.
(k) Best management practices to control or
abate the discharge of pollutants.
(m) Privately owned treatment works. For a
privately owned treatment works, any conditions expressly applicable to any
user, as a limited co-permittee, that may be necessary in the permit issued to
the treatment works to ensure compliance with applicable requirements under
this part. Alternatively, the Department may issue separate permits to the
treatment works and to its users, or may require a separate permit application
from any user. The Department's decision to issue a permit with no conditions
applicable to any user, to impose conditions on one or more users, to issue
separate permits, or to require separate applications, and the basis for that
decision, shall be stated in the fact sheet for the draft permit for the
treatment works.
(o) Sewage sludge.
Requirements under section405 of the CWA governing the disposal of sewage
sludge from publicly owned treatment works or any other treatment works
treating domestic sewage for any use for which regulations have been
established, in accordance with any applicable regulations.
