Idaho Admin. Code r. 58.01.25.300

Current through September 2, 2024

Section 58.01.25.300 - CONDITIONS APPLICABLE TO ALL PERMITS

The following conditions apply to all IPDES permits. Additional conditions are in Sections 301 (Permit Conditions for Specific Categories), 302 (Establishing Permit Provisions), and 40 CFR 122.42(e). All applicable conditions will be incorporated into IPDES permits expressly or by reference. If incorporated by reference, a specific citation must be given in the permit.

01.Duty to Comply. The permittee must comply with all conditions of the permit.

a. Permit noncompliance constitutes a violation of Idaho law, the CWA, and is grounds for:

i. Enforcement action;

ii. Permit termination, revocation and reissuance, or modification; or

iii. Denial of a permit renewal application.

b. The permittee must comply with effluent standards or prohibitions established under CWA Section 307(a) for toxic pollutants and with standards for sewage sludge use or disposal established under CWA Section 405(d), Section 380 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 been modified to incorporate the requirement.

02.Duty to Reapply. If the permittee wishes to continue an activity regulated by the permit after the permit's expiration date, the permittee must apply for and obtain a new permit. If the permittee complies with the application requirements of Section 105, or the notice of intent requirements of Section 130 for a general permit, and a permit is not issued before the permit's expiration date, the permit remains in force as stipulated in Subsections 101.02 and 101.03.

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 requires the permittee to halt or reduce the permitted activity.

04.Duty to Mitigate. The permittee must take all reasonable steps to minimize or prevent\ discharge or sludge use or disposal in violation of the permit that has a reasonable likelihood of adversely affecting human health or the environment.

05.Proper Operation and Maintenance. At all times, permittee must properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of the permit.

a. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures.

b. This provision requires operating back-up or auxiliary facilities or similar systems, installed by a permittee, only when needed to achieve compliance with the conditions of the permit or required by IDAPA 58.01.16 "Wastewater Rules."

06.Permit Actions. The permit may be modified, revoked and reissued, or terminated for cause. The permittee filing a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

07.Property Rights. The permit does not convey any property rights of any sort or exclusive privilege.

08.Duty to Provide Information. The permittee must furnish information, within a reasonable time, that the Department requests to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. The permittee must furnish upon Department request, copies of records required by the permit.

09.Inspection and Entry. The permittee must provide the Department's inspectors, or authorized representatives, including authorized contractors acting as representatives of the Department, upon presenting credentials required by law, access to:

a. Enter the permittee's premises where a regulated facility or activity is located or conducted, or where records are kept under the permit conditions;

b. Records that must be kept under the permit conditions and, at reasonable times, to copy the records;

c. Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and

d. Sample or monitor at reasonable times, to ensure permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location.

10.Monitoring and Records. A permittee must comply with the following:

a. Samples and measurements must represent the monitored activity.

b. Permittee must retain:

i. Monitoring information for at least three (3) years from the date of the sample, measurement, report or application. This may be extended by request of the Department at any time; and

ii. Records of sewage sludge use and disposal activities for at least five (5) years or longer as required by 40 CFR Part 503.

c. Records of monitoring information must include:

i. Calibration and maintenance records;

ii. Original strip chart recordings for continuous monitoring instrumentation or other forms of data approved by the Department;

iii. Copies of reports required by the permit;

iv. Records of all data used to complete the application or notice of intent for the permit;

v. Date, exact place, and time of sampling or measurements;

vi. Names of individuals who performed the sampling or measurements;

vii. Dates analyses were performed;

viii. Names of any individuals who performed the analyses;

ix. Analytical techniques or methods used; and

x. Results of the analysis.

d. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136 unless another test method is required by 40 CFR Parts 401 through 471 or 501 through 503.

11.Signatory Requirements. Applications, reports, or information submitted to the Department must be signed and certified in accordance with Section 090.

12.Reporting Requirements.

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:

i. The alteration or addition to a permitted facility meets one (1) of the criteria for determining whether a facility is a new source as defined in Section 120 and 010;

ii. The alteration or addition may significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants not subject to effluent limits in the permit or to notification requirements under Subsection 301.01.a.; or

iii. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and the 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:

(1) Not reported during the permit application process, or

(2) Not reported under an approved land application or sludge disposal plan.

b. The permittee must give advance notice to the Department of planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

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 other requirements necessary under Section 202.

d. Monitoring results must be reported at the intervals specified in the permit and meet the following requirements:

i. Monitoring results will be reported on a Discharge Monitoring Report (DMR) or forms (may be electronic) provided or specified by the Department for reporting results of monitoring of sludge use or disposal practices. Reports and forms must be submitted electronically by the permittee to the Department to comply with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, permittees may be required to report electronically if specified by a particular permit.

ii. If the permittee monitors a 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 Parts 401 through 471 or 501 through 503, the results must be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Department.

iii. Calculations for all limits that require averaging of measurements will utilize an arithmetic mean unless otherwise specified by the Department in the permit.

e. A permittee must submit reports of compliance or noncompliance with, or progress reports on, interim and final requirements contained in the compliance schedule no later than fourteen (14) days following each schedule date of each requirement. Reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. 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.

f. The permittee must report to the Department any noncompliance that may endanger health or the environment as follows:

i. Within twenty-four (24) hours from the time the permittee becomes aware of the circumstances, provide any information orally;

ii. Within five (5) days from the time the permittee becomes aware of the circumstances, provide a written submission that contains a description of:

(1) Noncompliance and its cause;

(2) Period of noncompliance, including exact dates and times;

(3) If the noncompliance has not been corrected, the anticipated time it is expected to continue; and

(4) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance;

(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), 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.

(6) Reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. 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.

iii. The following information must be reported within twenty-four (24) hours:

(1) Unanticipated bypass that exceeds effluent limitations in the permit (Subsection 300.07, Property Rights);

(2) Upset that exceeds effluent limits in the permit; and

(3) Violation of a maximum daily discharge limit for the pollutants listed by the Department in the permit to be reported within twenty-four (24) hours (Subsection 302.09, Twenty-Four Hour Reporting); and

iv. The Department may waive the written report on a case-by-case basis under Subsection 300.12.f.iii. if the oral report has been received within twenty-four (24) hours.

g. The permittee must report instances of noncompliance not reported under Subsections 300.12.d., e., and f., when the monitoring reports are submitted. The reports of noncompliance must contain the information listed in Subsection 300.12.f. Reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. 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.

h. When the permittee becomes aware that it failed to submit 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 the facts or correct information.

13.Bypass Terms and Conditions.

a. Bypass, as defined in Section 010, is prohibited, and the Department may take enforcement action against a permittee for bypass, unless:

i. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

ii. No feasible alternatives to the bypass existed, 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 under reasonable judgment, adequate back-up equipment should have been installed to prevent a bypass from occurring during normal periods of equipment downtime or preventive maintenance; and

iii. The permittee submitted a notice of a bypass to the Department in accordance with Subsections 300.13.c. and d. Notices must be submitted electronically by the permittee to the Department in compliance with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, permittees may be required to report electronically if specified by a particular permit.

b. The Department may approve an anticipated bypass, after considering its adverse effects, if the Department determines it will meet the three (3) conditions listed in Subsection 300.13.a.

c. If the permittee knows in advance of the need for a bypass, it must submit notice to the Department, if possible, at least ten (10) days before the date of the bypass.

d. The permittee must submit notice of an unanticipated bypass as required in Subsection 300.12.f. (24-hour notice).

e. Bypasses not exceeding limits, are allowed to occur, and are not subject to Subsection 300.13.a. or 300.13.d. if:

i. The bypass does not cause effluent limits to be exceeded, and

ii. Only if it also is for essential maintenance to ensure efficient operation.

14.Upset Terms and Conditions.

a. In any enforcement action for noncompliance with technology-based permit effluent limitations, a permittee may claim upset, as defined in Section 010, as an affirmative defense. A permittee seeking to establish the occurrence of an upset has the burden of proof.

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.

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:

i. An upset occurred and the permittee can identify causes of the upset;

ii. The permitted facility was properly operated at the time

iii. The permittee submitted twenty-four (24)-hour notice of the upset as required Subsection 300.12.f.iii(2); and

iv. The permittee complied with remedial measures required under Subsection 300.04.

15.Penalties and Fines. Permits will include penalty and fine requirements under Section 500.

Idaho Admin. Code r. 58.01.25.300

Effective July 1, 2024