A. All Permits, Unless Otherwise Noted in These Regulations or in Federal Regulations Referenced Herein: (1) Prohibitions A permit shall not be issued when any of the prohibitions contained in 40 CFR 122.4 as of the date the permit is issued which is incorporated herein and adopted by reference, are applicable.
(2) Duty to Comply The permit conditions applicable to all permits contained in 40 CFR 122.41(a)(l), 144.51 and 144.52 as of the date the permit is issued are incorporated herein and adopted by reference.
(3) Permit Conditions and Limitations The Permit Board shall establish permit conditions and limitations pursuant to 40 CFR 122.43 and 122.44 as of the date the permit is issued, which sections are incorporated herein and adopted by reference. The Permit board shall also require additional or more stringent requirements than promulgated effluent limitations guidelines or standards under Sections 301, 304, 306, 307, 318, and 405 of the Federal Act necessary to:
(a) Achieve water quality standards established under Section 303 of the Federal Act, including State narrative criteria for water quality. (1) Limitations must control all pollutants or pollutant parameters (either conventional, non-conventional, or toxic pollutants) which the Permit Board determines are or may be discharged at a level which will cause, have the reasonable potential to cause, or contribute to an excursion from any State water quality standard, including State narrative criteria for water quality. The permittee may utilize testing procedures for the analysis of pollutants set forth in 40 CFR 122, 136, 141, 143, 430, 455, 465, and 503 which are incorporated herein and adopted by reference.(2) When determining whether a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion from a narrative or numeric criteria within a State water quality standard, the Permit Board shall use procedures which account for existing controls on point and nonpoint sources of pollution, the variability of the pollutant or pollutant parameter in the effluent, the sensitivity of the species to toxicity testing (when evaluating whole effluent toxicity), and where appropriate, the dilution of the effluent in the receiving water.(3) When the Permit Board determines, using the procedures in A.3.a.(2) of this Rule, that a discharge causes, has the reasonable potential to cause, or contributes to an instream excursion above the allowable ambient concentration of a State numeric criteria within a State water quality standard for an individual pollutant, the permit must contain effluent limits for that pollutant.(4) When the Permit Board determines, using the procedures in A.3.a.(2) of this Rule, that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above the numeric criterion for whole effluent toxicity, the permit must contain effluent limits for whole effluent toxicity.(5) Except as provided in this subparagraph, when the Permit Board determines, using the procedures in A.3.a.(2) of this Rule, toxicity testing data, or other information, that a discharge causes, has the reasonable potential to cause, or contributes to an instream excursion above a narrative criterion within an applicable State water quality standard, the permit must contain effluent limits for whole effluent toxicity. Limits on whole effluent toxicity are not necessary where the Permit Board demonstrates in the fact sheet or statement of basis of the NPDES permit, using the procedures in A.3.a.(2) of this Rule, that chemical-specific limits for the effluent are sufficient to attain and maintain applicable numeric and narrative State water quality standards.(6) Where the State has not established a water quality criterion for a specific chemical pollutant that is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excursion above a narrative criterion within an applicable State water quality standard, the Permit Board must establish effluent limits using one or more of the following.(i) Establish effluent limits using a calculated numeric water quality criterion for the pollutant which the Permit Board demonstrates will attain and maintain applicable narrative water quality criteria and will fully protect the designated use. Such a criterion may be derived using a proposed State criterion, or an explicit State policy or regulation interpreting its narrative water quality criterion, supplemented with other relevant information which may include; EPA's Water Quality Standards Handbook, 2nd Edition September 1993, risk assessment data, exposure data, information about the pollutant from the Food and Drug Administration, and current EPA criteria documents.(ii) Establish effluent limits on a case-by-case basis, using EPA's water quality criteria, published under Section 307(a) of the Federal Act, supplemented where necessary by other relevant information.(iii) Establish effluent limitations on an indicator parameter for the pollutant of concern, provided:(A) the permit identifies which pollutants are intended to be controlled by the use of the effluent limitation;(B) the fact sheet required by 40 CFR 124.56 sets forth the basis for the limit, including a finding that compliance with the effluent limit on the indicator parameter will result in controls on the pollutant of concern which are sufficient to attain and maintain applicable water quality standards;(C) the permit requires all effluent and ambient monitoring necessary to show that during the term of the permit the limit on the indicator parameter continues to attain and maintain applicable water quality standards; and(D) the permit contains a reopener clause allowing the Permit Board to modify or revoke and reissue the permit if the limits on the indicator parameter no longer attain and maintain applicable water quality standards.(7) When developing water quality based effluent limits under this paragraph the Permit Board shall ensure that: (i) the level of water quality to be achieved by limits on point sources established under this paragraph is derived from, and complies with all applicable water quality standards; and(ii) effluent limits developed to protect a narrative water quality criterion, a numeric water quality criterion, or both, are consistent with the assumptions and requirements of any available wasteload allocation for the discharge prepared by the State and approved by EPA pursuant to 40 CFR 130.7.(b) Attain or maintain a specified water quality through water quality related effluent limits established under section 302 of the Federal Act;(c) Conform to the conditions of a State certification under section 401 of the Federal Act that meets the requirements of 40 CFR 124.53 when EPA is the permitting authority. If a State certification is stayed by a court of competent jurisdiction or an appropriate State board or agency, EPA shall notify the State that the agency will deem certification waived unless a finally effective State certification is received within sixty days from the date of the notice. If the State does not forward a finally effective certification within the sixty day period, EPA shall include conditions in the permit that may be necessary to meet EPA's obligation under section 301(b)(1)(C) of the Federal Act;(d) Conform to applicable water quality requirements under Section 401(a)(2) of the Federal Act when the discharge affects a state other than the certifying state;(e) Incorporate any more stringent limitations, treatment standards, or schedule of compliance requirements established under federal or State law or regulations in accordance with section 301(b)(1)(C) of the Federal Act;(f) Ensure consistency with the requirements of a Water Quality Management plan approved by EPA under Section 208(b) of the Federal Act;(g) Incorporate Section 403(c) criteria under part 125, subpart M, for ocean discharges;(h) Incorporate alternative effluent limitations or standards where warranted by "fundamentally different factors", under 40 CFR part 125, D;(i) Incorporate any other appropriate requirements, conditions, or limitations (other than effluent limitations) into a new source permit to the extent allowed by the National Environmental Policy Act, 42 U.S.C. 4321, et seq. and Section 511 of the Federal Act, when EPA is the permit issuing authority. (See 40 CFR 122.29(c)) .(4) When applicable, a permit issued by the Permit Board shall contain terms and conditions deemed necessary or appropriate by the Permit Board to insure compliance with at least the following effluent standards and limitations: (a) Effluent limitations for publicly owned treatment works and other discharges, including indirect discharges, when promulgated by the Administrator of EPA pursuant to Sections 204(b), 301, 302, 303, and 307 of the Federal Act, in accordance with and subject to the date of compliance prescribed therein, if the limitations are not in conflict with the State law or the Federal Act.(b) Standards of performance when promulgated by the Administrator of EPA, for new sources within the categories defined in Section 306 of the Federal Act.(c) If the permit is for a discharge from a publicly owned treatment works, standards of performance, pretreatment standards or effluent limitations or prohibitions when promulgated by the Administrator of EPA for toxic substances, monitoring and charges pursuant to Sections 204(b), 307, and 308 of the Federal Act. Toxicity screening and limitations shall be established in accordance with Rule 1.1.2 of these regulations.(d) Any other more stringent limitation deemed necessary by the Permit Board to meet applicable water quality standards, treatment standards or schedules of compliance established pursuant to the State law or regulations promulgated pursuant thereto, or necessary to meet other Federal law or regulations enacted or promulgated subsequent to this regulation, or required to meet any applicable water quality standards including applicable requirements necessary to meet Total Maximum Daily Loads established by and incorporated into the State's continuing planning process required pursuant to Section 303 of the Federal Act.(e) The conditions regarding reissued permits contained in 40 CFR 122.44(l) are incorporated herein and adopted by reference.(f) The effluent limitations promulgated by EPA pursuant to Sections 301, 302, 303, 306, and 307 of the Federal Act shall become immediately enforceable as if a duly promulgated regulation of the Commission.(5) Consistency with Water Quality Standards When a State or an NPDES permit issued by the Permit Board contains any effluent standards or limitations set forth in 1.1.4.A.3. and 4. of this Rule, the Permit Board shall verify that the discharge authorized by the issued permit will not violate applicable water quality standards. When a permit contains additional effluent limitations based upon applicable water quality standards, the Permit Board staff shall prepare a wasteload allocation ensuring that the discharge authorized by the issued permit is consistent with applicable water quality standards, 40 CFR 122.44(a)-(d) (which are incorporated herein and adopted by reference) and Rule 1.1.2 of these regulations.
(6) Requirements to Comply with Plans The Permit Board, if it deems necessary, may impose any further requirements under the terms and conditions of a State, UIC, or NPDES permit to comply with an area-wide waste treatment management plan, or amendments thereto, prepared by a management agency pursuant to Section 208(b) of the Federal Act, or a facilities plan prepared in accordance with Title II or Title VI of the Federal Act.
(7) Interim Requirements Prior to promulgation of regulations by the Administrator of EPA relating to applicable effluent standards or limitations or standards of performance set forth in Rule 1.1.4.A.3, the Permit Board may impose any standard, limitation or condition within the State or NPDES permit to ensure compliance with the State law and the Federal Act.
(8) Calculating and Determining Permit Limits The permit shall contain conditions calculated in accordance with 40 CFR 122.45, which is incorporated herein and adopted by reference. When issuing a State, UIC, or NPDES permit pursuant to the State law and this regulation, the Permit Board shall specify therein, where applicable, average and maximum daily quantitative limitations for the level of wastewater constituents in the authorized discharge in terms of weight and, if appropriate, average or maximum concentration limits.
(9) Schedules of Compliance (a) A person issued a State, UIC, or NPDES permit by the Permit Board pursuant to Rule 1.1.3.H and who is not in compliance with applicable effluent standards and limitations or other requirements contained therein at the time the permit is issued, shall be required to achieve compliance within a period of time as set forth by the Permit Board, with effluent standards and limitations, with water quality standards, or with specific requirements or conditions set by the Permit Board. The Permit Board shall require compliance with terms and conditions of the permit in the shortest reasonable period of time. For UIC permits, this time shall not exceed three (3) years.(b) If a time schedule for compliance specified in a State, UIC, or NPDES permit which is established by the Permit Board pursuant to Rule 1.1.4.A.9.a above exceeds one year, the time schedule shall provide for interim target dates for compliance with selected terms and conditions of the permit. Each interim target date specified in the permit shall not exceed one year.(c) A discharger who fails or refuses to comply with either an interim or final date of compliance specified in a State, UIC, or NPDES permit may be deemed by the Commission to be in violation of the permit and may be subject to enforcement action prescribed in the State law or this regulation.(d) Unless otherwise provided in these regulations, the total length of time for the following to be accomplished shall not exceed three years: (1) the determination that a particular limit is needed,(2) the length of a compliance schedule to achieve that limit, and(3) any instream or other study to determine an alternative limit or water quality criterion(e) An NPDES permit may, when appropriate, specify a schedule of compliance leading to compliance with the Federal Act and regulations in accordance with 40 CFR 122.47 which is incorporated herein and adopted by reference.(10) Compliance Schedule Reports by Dischargers Within 14 days after either an interim or final date of compliance specified in a State, UIC, or NPDES permit, a permittee shall provide the Permit Board with written notice of his compliance or noncompliance with the requirements or conditions specified to be completed by that date. Failure to submit the written notice to the Permit Board shall be considered a violation of the compliance requirements of the permit, for which the Commission may be asked to take enforcement action.
(11) Closure Requirements When issuing a State or NPDES permit pursuant to the State law and this regulation, the Permit Board shall require submittal of a Closure Plan.
(a) no later than 90 days prior to abandonment and(b) within 90 days of decommissioning the treatment works. The Closure Plan shall address how and when all manufactured products, by-products, raw materials, stored chemicals, and solid and liquid waste and residues will be removed from the premises so that no potential environmental hazard to the waters of the State will be presented.
(12) Spill Prevention and Best Management Plans(a) For facilities which have bulk storage of materials (including but not limited to, all raw, finished and/or waste material), the permit shall contain terms and conditions necessary to prevent the potential release of these materials and storm water contaminated with these materials. Such requirements may include the requirements for a Spill Prevention Control and Countermeasures Plan or a Best Management Plan. For those facilities that have above ground bulk storage not subject to Hazardous Waste Management Regulations or 40 CFR 112 (Oil Pollution Prevention) regulations, secondary containment or equivalent protective measures must be provided for storage of materials and/or liquids with chronic or acute potential for pollution impact on waters of the State regardless of whether it is a raw material, product, waste, or by-product. Secondary containment requirements as found in 40 CFR 112 (for petroleum products), which is incorporated herein and adopted by reference, shall be utilized for these non-petroleum facilities unless an equivalent amount of protection may be provided by measures including trenches or waterways which would conduct any tank releases to a permitted treatment system or sufficient equalization or treatment capacity needed to prevent chronic/acute pollution impact.(b) Tank Systems with High Potential for Pollution Impact. The Permit Board may require permits to contain secondary containment or other engineering practices for tank systems with chronic or acute potential for pollution impact on waters of the State.
(c) The Permit Board may require the development of, and approval of, Best Management Practices Plans addressing any activity at a facility which may impact the environment or compliance with the permit.(d) Notwithstanding anything in this section to the contrary, the Permit Board may require a facility that has above ground storage of liquids and/or materials with the potential to cause chronic or acute pollution impact on waters of the State (which are not subject to Hazardous Waste Management Regulations or 40 CFR 112 [Oil Pollution Prevention] regulations) to provide either secondary containment or demonstrate an equivalent amount of protection from discharge of pollutants in amounts which have the potential to cause chronic or acute pollution impact if such secondary measures are necessary to protect human health, welfare or the environment. (13) Compliance with Permit Conditions All discharges authorized by the permit shall be consistent with the terms and conditions of the permit and the permittee shall make all reasonable efforts to meet any interim or final dates for compliance specified therein.
(14) Facility Expansion and/or Modification Any facility expansion, production increases, process modifications, changes in discharge volume or location or other changes in operations or conditions of the permittee which may result in a new or increased discharge of waste, shall be reported to the Permit Board by submission of a new application for a permit pursuant to Rule 1.1.2.A., or if the discharge does not violate effluent limitations specified in the permit, by submitting to the Permit Board a notice of a new or increased discharge.
(15) Reporting Requirements (a) Planned changes. The permittee shall give notice to the Permit Board as soon as possible of any planned physical alterations or additions, including but not limited to, a change of operation to the permitted facility. Notice is required in the circumstances that follow: (1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether the facility is a new source in 40 CFR 122.29(b);(2) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are not subject to either effluent limitations in the permit or notification requirements under 40 CFR 122.42(a)(1); or(3) 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 not reported during the permit application process or not reported pursuant to an approved land application plan.(b) Anticipated noncompliance. The permittee shall give advance notice to the Permit Board of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.(c) Monitoring reports. Monitoring results shall be reported at the intervals specified in the permit. (1) Monitoring results must be reported on a Discharge Monitoring Report (DMR) and/or forms provided or specified by the Permit Board for reporting results of monitoring of sludge use or disposal practices.(2) If the permittee monitors any pollutant as prescribed in the permit more frequently than required by the permit using test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Permit Board.(3) Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Board in the permit.(16) Duty to Provide Information The permittee shall furnish to the Permit Board, within a reasonable time, any information which the Permit Board 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 Permit Board upon request, copies of records required to be kept by the permit.
(17) Inspection and Entry The permittee shall allow any authorized Commission representative to enter upon the permittee's premises at any reasonable time, to have access to and copy any applicable records, to inspect process facilities, treatment works, monitoring methods or equipment or to take samples, as authorized by Section 49-17-29 of the Code. In the event of investigation during an emergency response action, a reasonable time shall be any time of the day or night. Follow-up investigations subsequent to the conclusion of the emergency event shall be conducted at reasonable times.
(18) Proper Operation, Maintenance and Replacement The permittee shall at all times properly operate, maintain, and when necessary, promptly replace all facilities and systems of collection, treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes adequate laboratory controls and appropriate quality assurance procedures. Proper replacement includes maintaining an adequate inventory of replacement equipment and parts for prompt replacement when necessary to maintain continuous collection and treatment of wastewater. 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. The Permit Board may require regular reporting of internal operational and maintenance parameters necessary to confirm proper operation of a waste treatment system.
(19) 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.
(20) Bypass The terms and conditions regarding bypass contained in 40 CFR 122.41(m) are incorporated herein and adopted by reference.
(21) Removed Substances Solids, sludges, filter backwash, or other residuals removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent such materials from entering state waters and in a manner consistent with the Mississippi Solid Waste Disposal Act, the Federal Resource Conservation and Recovery Act, and the Mississippi Water Pollution Control Act.
(22) Power Failure If electric power is required, in order to maintain compliance with the conditions and prohibitions of the permit, the permittee shall either:
(a) Provide an alternative power source to operate the wastewater control facilities; or, if such alternative power source is not in existence and no date for its implementation appears in the permit,(b) Halt, reduce, or otherwise control production and/or all wastewater flows upon reduction, loss, or failure of the primary source of power to the wastewater control facilities.(23) Oil and Hazardous Substance Liability Nothing in a permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 of the Federal Act or the applicable provisions under Mississippi law pertaining to the transportation, storage, treatment, or spillage of oil or hazardous substances.
(24) Civil and Criminal Liability (a) Any person who violates a term, condition or schedule of compliance contained within the permit or the Mississippi Water Pollution Control Law is subject to the actions defined by law.(b) Except as provided in permit conditions on "Bypassing" and "Upsets" (A.20 and 27 of this Rule) nothing in a permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.(c) It shall not be the defense of the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.(25) Severability The provisions of a permit are severable. If any provision of a permit, or the application of any provision of a permit to any circumstances, is challenged or held invalid, the validity of the remaining permit provisions and/or portions thereof or their application to other persons or sets of circumstances, shall not be affected thereby.
(26) Compliance with Toxic Effluent Standards The permittee shall comply with any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) established under Section 307(a) of the Federal Act. The permittee shall comply with the applicable provisions of 40 CFR 122.42, which are incorporated herein and adopted by reference.
(27) Upsets Facilities which experience upset conditions shall meet the conditions of 40 CFR 122.41(n), which is incorporated herein and adopted by reference, as follows:
(a) Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.(b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of 1.1.4.A.27.c. of this Rule are met. Any determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, shall not constitute a final administrative action subject to judicial review.(c) Conditions necessary for demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that: (1) an upset occurred and that the permittee can identify the cause(s) of the upset;(2) the permitted facility was at the time being properly operated;(3) the permittee submitted notice of the upset as required in 40 CFR 122.41(L)(6)(ii)(B) (24-hour notice of noncompliance); and(4) the permittee complied with any remedial measures required under 40 CFR 122.41(d) (duty to mitigate).(d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.(28) Monitoring of Discharges Authorized by All Permits: Requirements(a) The Permit Board may prescribe monitoring requirements for any discharge authorized by a State, UIC, or NPDES permit issued pursuant to this regulation. A State, UIC, or NPDES permit issued pursuant to this regulation may be subject to such monitoring requirements as may be reasonably required by the Permit Board to determine compliance with permit conditions or State Water Quality Criteria. Such monitoring may include the discharge point, instream monitoring, and, include the installation, use, and maintenance of monitoring equipment or methods including, where appropriate, biological monitoring methods. Ambient instream monitoring may be required by the Permit Board to assure that WQBELs are protective of State water quality criteria through consideration of factors, including, but not limited to, the following: (1) variance to any water quality criteria,(2) the complexity of the receiving water body,(3) magnitude and impact or potential impact of the discharge,(4) amount of available data, and(5) aquatic life and human health concerns. The Permit Board will normally require the applicant/permittee to provide the necessary information.
(b) The Regional Administrator (or his/her designee) may require monitoring requirements for reporting and recording of monitoring results contained in 40 CFR 122.48 which are incorporated herein and adopted by reference.(c) A discharge authorized by an NPDES permit which the Regional Administrator (or his/her designee) by written request to the Executive Director, requires to be monitored or which contains toxic waste constituents for which an effluent standard or limitation has been established by the Administrator of EPA pursuant to Section 307(a) of the Federal Act, shall be monitored by the permittee for any or all of the following:(1) The measurement of the discharge in gallons per day or other units specified by the Permit Board.(2) Waste constituents subject to reduction or elimination under the terms and conditions of the permit.(3) Specific waste constituents which are determined by the Permit Board to have a significant effect on the quality of the water of the State.(4) Waste or wastewater constituents specified as subject to monitoring by the Administrator of EPA in regulations promulgated pursuant to the Federal Act.(5) Any other specific waste constituents which the Regional Administrator (or his/her designee) may request in writing to be monitored.(d) Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304(h) of the Federal Water Pollution Control Act, as amended.(e) Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored wastewater.(f) The frequency of monitoring of a waste discharge required to be monitored pursuant to this regulation shall be specified in a State, UIC, or NPDES permit when issued, except that the Permit Board at any time may require additional monitoring for purposes of determining compliance by so notifying the permittee in writing.(g) The requirements regarding the disposal of pollutants into wells, into publicly owned treatment works or by land application contained in 40 CFR 122.50 are incorporated herein and adopted by reference.(29) Monitoring of Discharges Authorized by All Permits: Recording and Reporting(a) A permittee required to monitor a waste discharge pursuant to Rule 1.1.4.A.28 shall maintain records of all information obtained from such monitoring, including the date, place and time of sampling; the dates analyses were performed; the person performing the analyses; the analytical techniques, procedures or methods used; and the results of such analyses. All records and results of monitoring activities, including calibration and maintenance records, shall be retained by the permittee a minimum of three (3) years unless otherwise required or extended by the Permit Board, copies of which shall be furnished to the Department upon request. Except for data determined to be confidential under the Mississippi Air and Water Pollution Control Law, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Department.(b) The Permit Board may require a permittee to report periodically the results of all required monitoring activities undertaken by the permittee on an appropriate reporting form supplied by the Permit Board. The Permit Board shall notify the permittee of the frequency of reporting. For State permits and NPDES permits, the monitoring frequency shall not be less than once/year and for Pretreatment permits, the frequency shall not be less than twice/year.(c) Upon written request of the Regional Administrator (or his/her designee), the Executive Director shall transmit any reporting form or other monitoring information required by this regulation.(d) Any permittee who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by the Permit Board to be maintained as a condition in a permit, or who alters or falsifies the results obtained by such devices or methods and/or any written report required by or in response to a permit condition, shall be deemed to have violated a permit condition and shall be subject to the penalties provided for a violation of a permit condition pursuant to Section 49-17-43 of the Code.(e) Twenty-four hour reporting. (1) The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and/or prevent recurrence of the noncompliance.(2) The following shall be included as information which must be reported within 24 hours under this paragraph. (i) Any unanticipated bypass which exceeds any effluent limitation in the permit.(ii) Any upset which exceeds any effluent limitation in the permit.(iii) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Permit Board in the permit to be reported within 24 hours.(3) The Executive Director may waive the written report on a case-by-case basis for reports under paragraph (e).(2) of this rule if the oral report has been received within 24 hours.(f) Other noncompliance. The permittee shall report all instances of noncompliance not reported under A.29.e. of this Rule, at the time monitoring reports are submitted or within 30 days from the end of the month in which the noncompliance occurs. The reports shall contain the information listed in A.29.(e)(1) of this Rule.(g) Other information. 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 Permit Board, it shall promptly submit such facts or information.(30) Testing Procedures for the Analysis of Pollutants for All Permits Testing procedures include those set forth in 40 CFR 136 which is incorporated herein and adopted by reference or alternative procedures approved and/or promulgated by EPA.
H. NPDES Animal Waste Permits Only An NPDES animal waste permit shall contain the following (in addition to the requirements set forth in C. of this Rule):
(1) Releases in Excess of the 25-year, 24-hour Storm Event. Process waste pollutants in the overflow may be discharged to waters of the U.S. whenever rainfall events, either chronic or catastrophic, cause an overflow of process waste water from a facility designed, constructed and operated to contain all process generated waste waters plus the runoff from a 25-year, 24-hour rainfall event for the location of the point source. There shall be no effluent limitations on discharges from detention structures constructed and maintained to contain the 25-year, 24-hour storm event if the discharge is the result of a rainfall event which exceeds the design capacity and proper maintenance is done. Retention structures shall have capacity to contain all process wastewaters plus the 25-year, 24-hour storm event.
(2) Proper Operation and Maintenance Requirements. The facilities covered by the permit are required to document the attainment of all Best Management Practices (BMPs) used to comply with the effluent limitations in the permit. Where applicable, equivalent measures contained in a site specific Animal Waste Management Plan, if prepared by the U.S. Department of Agriculture Soil Conservation Service (NRCS), may be substituted for the Best Management Practices and Pollution Prevention Plan requirements in the permit. Where provisions in the Soil Conservation Service plan are substituted for applicable Best Management Practices or portions of the Pollution Prevention Plan, the Pollution Prevention Plan must refer to the appropriate section of the Soil Conservation Service plan. If the pollution prevention plan contains reference to the Soil Conservation Service plan, a copy of the Soil Conservation Service plan must be kept on site.
(3) Best Management Practices. Animal waste NPDES permits shall contain Best Management Practices (BMPs) at least as stringent as NRCS Manual and all future amendments.
(4) Pollution Prevention Plans. A pollution prevention plan shall be developed for each facility covered by the permit. Pollution prevention plans shall be prepared in accordance with good engineering practices and should include measures necessary to limit pollutants in runoff. The plan shall describe and ensure the implementation of practices which are to be used to assure compliance with the limitations and conditions of the permit. The plan shall identify a specific individual(s) at the facility who is responsible for developing the implementation, maintenance, and revision of the pollution prevention plan. The activities and responsibilities of the pollution prevention personnel should address all aspects of the facility's pollution prevention plan.
(a) Where a Soil Conservation Service plan has been prepared for the facility, the pollution prevention plan may refer to the Soil Conservation Service plan when the Soil Conservation Service plan documentation contains equivalent requirements for the facility.(b) The plan shall be signed by the owner or other signatory authority and be retained on site. The plan shall be updated as appropriate.(5) Preventive Maintenance. The plan shall include an appropriate schedule for preventative maintenance. Operators will provide routine maintenance to their control facilities in accordance with a schedule and plan of operation to ensure compliance with the permit. The permittee shall keep a maintenance log documenting that preventative maintenance was done. A preventive maintenance program shall involve inspection and maintenance of all runoff management devices (cleaning separators, catch basins) as well as inspecting and testing facility equipment and containment structures to uncover conditions that could cause break downs or failures resulting in discharges of pollutants to surface waters.