2.1
APPLICABILITY OF THE UPDES REQUIREMENTS. The UPDES program requires permits for
the discharge of pollutants from any point source into waters of the State. The
program also applies to owners or operators of any treatment works treating
domestic sewage, whether or not the treatment works is otherwise required to
obtain a UPDES permit in accordance with
R317-8-8. Prior to
promulgation of State rules for sewage sludge use and disposal, the Director
shall impose interim conditions in permits issued for publicly owned treatment
works or take such other measures as the Director deems appropriate to protect
public health and the environment from any adverse affects which may occur from
toxic pollutants in sewage sludge.
(1)
Specific inclusions. The following are examples of specific categories of point
sources requiring UPDES permits for discharges. These terms are further defined
in R317-8-3.5 through R317-8-10.9:
(a)
Concentrated animal feeding operations;
(b) Concentrated aquatic animal production
facilities;
(c) Discharges into
aquaculture projects;
(d) Storm
water discharges;
(e) Silvicultural
point sources; and
(f) Pesticide
discharges.
(2) Specific
exclusions. The following discharges do not require UPDES permits:
(a) Any discharge of sewage from vessels,
effluent from properly functioning marine engines, laundry, shower, and galley
sink wastes, or any other discharge incidental to the normal operation of a
vessel. This exclusion does not apply to rubbish, trash, garbage, or other such
materials discharged overboard; nor to other discharges when the vessel is
operating in a capacity other than as a means of transportation such as when
used as an energy or mining facility, a storage facility or a seafood
processing facility, or when secured to storage facility or a seafood
processing facility, or when secured in waters of the state for the purpose of
mineral or oil exploration or development.
(b) Discharges of dredged or fill material
into waters of the State which are regulated under Section 404 of
CWA.
(c) The introduction of
sewage, industrial wastes, or other pollutants into publicly owned treatment
works by indirect dischargers. Plans or agreements to switch to this method of
disposal in the future do not relieve dischargers of the obligation to have and
comply with permits until all discharges of pollutants to waters of the State
are eliminated. This exclusion does not apply to the introduction of pollutants
to privately owned treatment works or to other discharges through pipes,
sewers, or other conveyances owned by the State, a municipality, or other party
not leading to treatment works.
(d)
Any discharge in compliance with the instructions of an on-scene coordinator
pursuant to 40 CFR 300 (The National Oil and Hazardous Substances Pollution
Contingency Plan) or 33 CFR 153.10(e) (Pollution by Oil and Hazardous
Substances).
(e) Any introduction
of pollutants from non-point source agricultural and silvicultural activities,
including storm water runoff from orchards, cultivated crops, pastures,
rangelands, and forest lands, but not discharges from concentrated animal
feeding operations as defined in
R317-8-10,
discharges from concentrated aquatic animal production facilities as defined in
R317-8-3.7, discharges to aquaculture projects as defined in R317-8-3.8, and
discharges from silvicultural point sources as defined in
R317-8-3.10.
(f) Return flows from
irrigated agriculture.
(g)
Discharges into a privately owned treatment works, except as the Director may
otherwise require under R317-8-4.2(12).
(h) Authorizations by permit or by rule which
are prepared to assure that underground injection will not endanger drinking
water supplies, and which are issued under the state's Underground Injection
Control program; and underground injections and disposal wells which are
permitted by the Director pursuant to Part VII of the Utah Wastewater Disposal
Regulations or the Board of Oil, Gas and Mining, Class II.
(i) Discharges which are not regulated by the
U.S. EPA under Section 402 of the Clean Water Act.
(3) Requirements for permits on a
case-by-case basis.
(a) Various sections of
R317-8 allow the Director to determine, on a case-by-case basis, that certain
concentrated animal feeding operations, concentrated aquatic animal production
facilities, separate storm sewers and certain other facilities covered by
general permits that do not generally require an individual permit may be
required to obtain an individual permit because of their contributions to water
pollution.
(b) Whenever the
Director decides that an individual permit is required as specified in
R317-8-2.1(3)(a), the Director shall notify the discharger in writing of that
decision and the reasons for it, and shall send an application form with the
notice. The discharger shall apply for a permit within 60 days of receipt of
notice, unless permission for a later date is granted by the Director. The
question whether the determination was proper will remain open for
consideration during the public comment period and in any subsequent
adjudicative proceeding.
(c) Prior
to a case-by-case determination that an individual permit is required for a
storm water discharge, the Director may require the discharger to submit a
permit application or other information regarding the discharge. In requiring
such information, the Director shall notify the discharger in writing and shall
send an application form with the notice. The discharger must apply for a
permit within 60 days of notice, unless permission for a later date is granted
by the Director. The question whether the determination was proper will remain
open for consideration during the public comment period and in any subsequent
adjudicative proceeding.