Rule 11-6-1.2.2 - General RequirementsA. Applicability In addition to any technology based surface water effluent limitations required under the provisions of Rule 1.1.1 of these regulations, all activities and discharges shall also meet water quality based effluent limitations where necessary to meet water quality standards.
(1) A water quality based effluent limitation shall be determined by the Department in accordance with this chapter and shall be based upon the characteristics of discharge, the receiving water characteristics, the criteria and standards of the State's Water Quality Criteria and any other information deemed necessary to protect water quality. The applicant may be required to provide the necessary information. Requests for zones of mixing and any previously approved zones of mixing will be taken into consideration when determining WQBELs. In order for a zone of mixing to be provided for any parameter, the applicant must provide the necessary characteristics of the discharge either prior to or within a reasonable time after the Department has made a request for this information from the applicant.(2) The Permit Board may decide not to specify limits in permits required for the following: (a) stationary installations created by dredging and/or filling;(b) stationary installations for the discharge of drainage;(c) stationary installations for which best management practices are deemed appropriate; or(d) any other activities the Permit Board deems appropriate.(3) For the activities described in paragraph 2, an applicant shall provide the Permit Board with reasonable assurance that the proposed discharge will comply with water quality standards. Reasonable assurance may be based upon the following:(a) scientific studies which may include mathematical water quality modeling and/or biological studies; or(b) proposed use of any pollution control technique which assures compliance with water quality standards.B. General Technical Guidance(1) The specific pollutants expected to be in a discharge shall be determined from an effluent characterization provided by the applicant which may be submitted in the appropriate permit application. This characterization may include the long term average and daily maximum pollutant concentrations and the ultimate biochemical oxygen demand (BODu) for oxygen demanding waste. See Exhibit A to this Subchapter.(2) An evaluation of the impact of a proposed or continued discharge on the water quality of the receiving water body shall be conducted by the Department for all permit applications. The Department shall review applications to determine whether Technology Based Effluent Limitations ("TBELs") as contained in Commission regulations are sufficient to maintain water quality standards in the receiving water body. If TBELs are sufficient, the permit limits will be based on those criteria. If TBELs are not protective of water quality standards, or if additional information or analyses are determined to be necessary to ensure that the effluent will not violate water quality standards in the receiving water body, Water Quality Based Effluent Limitations ("WQBELs") shall be considered.(3) The establishment of WQBELs does not alleviate the discharger from complying with all other applicable regulations of the Commission or with the requirements of any other Mississippi, federal, or local law.(4) Effluent limitations based upon water quality standards and the provisions of these regulations shall be determined by application of accepted scientific methods. Accepted scientific methods shall be based upon, but not limited to, the following: (a) analysis of the condition of the receiving water body including reasonably expected ambient water quality and present and future flow conditions; and(b) consideration of the nature, volume, and frequency of the existing and/or proposed discharge of waste, under which the cumulative impact of discharge is reasonably expected to be a maximum, including any possible known synergistic effects with other pollutants or substances which may be present in the receiving water body.(c) Nothing in a. or b. above, shall preclude the Department from establishing WQBELs that vary on a seasonal or other basis.(5) Sanitary sewage shall be disinfected in accordance with the requirements set forth in Exhibit "B" to this Subchapter which is attached hereto and incorporated herein by reference.(6) For determining TBELS, contaminants in intake water shall be handled in accordance with 40 CFR 122.45(g).(7) In all cases, the Department shall be responsible for setting final WLAs, LAs, TMDLs, and permit limits and requirements.11 Miss. Code. R. 6-1.2.2
Miss. Code Ann. §§ 49-2-1, et seq. and 49-17-1, et seq.