Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-2-4 - Application for Permits4.1. Duty to apply.a. Any person who discharges or proposes to discharge pollutants and who does not have an effective permit, except persons covered by general permits and persons excluded under Section 3.2, shall submit a complete application in the manner and on a form prescribed by the Chief and in accordance with the following paragraphs and accompanied by the filing fee as prescribed in Series III, Section 7:b. When a facility or activity is owned by one person but is operated by another, the application should be submitted by the operator. The Chief may require documentation of the permit responsibility and liability of the owner and operator and may propose and issue the permit to either one or both the owner and operator, but only after notice to both the owner and operator; or, the Chief may deny the permit until the responsible party or parties apply for the permit.4.2. Completeness. a. For the purposes of this section, the term "Chief" includes an authorized representative except in paragraph 4.2.f.b. The Chief shall not begin the processing of a permit before receiving a complete application.c. The Chief shall review every application for completeness in not more than 90 days. Upon completing the. review, the Chief shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Chief shall list the information necessary to make the application complete. When the application is for an existing source, the Chief shall specify in the request for supplemental information a date for submitting the necessary information. The Chief shall notify the applicant that the application is complete upon receiving this information.d. If an applicant fails or refuses to submit the requested supplemental information, the permit application may be denied and appropriate enforcement action may be taken under the applicable provisions of the State Act.e. The application shall be considered complete on the date on which the Chief notifies the applicant to that effect as provided in paragraph 4.2.c of this section.f. The Chief shall have not more than ninety (90) days to act upon the completed application; unless EPA has filed a written objection except this limitation may be extended by the period of time granted by the Chief under Section 12.1.b.1 and 12.4.a of these rules.g. For a period of one (1) year after date of these rules, the time period for completeness under paragraph 4.2.c and time period for acting upon a completed application under paragraph 4.2.f may be extended by the Chief when necessary but in no case shall the combined time periods under these paragraphs exceed 240 days.4.3. Time to apply - Any person proposing a new discharge shall submit an application at least 180 days prior to commencing construction of the facility, unless permission for a shorter time period has been granted by the Chief. Any person with an existing permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a shorter time period has been granted by the Chief. Any person proposing to abandon a facility under Chapter 20-5A-5(b)(6) of the State Act shall apply for and obtain a permit as required by that section at least 180 days prior to abandonment.4.4. Information required from applicant(s). a. All applicants shall provide the Chief a complete application in the manner and on a form prescribed by the Chief. The form may require information in addition to that specified in this section. 1. The activities conducted by the applicant which require it to obtain permits.2. Name, mailing address, and location of the facility for which the application is submitted.3. Up to four Standard Industrial Classification (SIC) codes which best reflect the principal products or services provided by the facility.4. The operator's name, address, telephone number, ownership status, including the name and address of the owner if different, and status as Federal, State, private, public, or other entity.5. Other relevant permits as defined in 40 CFR 122.21(f)(6).6. A topographic map (or other map drawing if a topographic map is unavailable) drawn to a reasonable scale and extending at least one (1) mile beyond the site, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area.7. A brief description of the nature of the business.b. Existing sewage, manufacturing, commercial, mining and silvicultural discharges shall also provide the following information to the Chief, using application forms provided by the Chief: 1. Outlet location. The latitude and longitude to the nearest second and the name and alphanumeric designation of the immediate receiving stream or river mile point where applicable.2. Line drawing. A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under paragraph 4.4.b.3 of this section. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined, the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.3. Average flows and treatment. A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outlet, including process wastewater, cooling water, sewage, and storm water runoff (including material storage area runoff), the average flow which each wastewater contributes; and a description of the treatment, if any, each wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Process, operations or production areas may be described in general terms (for example, "dye-making reactor", "distillation tower"). For a privately owned treatment works, this information may include the identity of each user of the treatment works.4. Intermittent flows. If any of the discharges described in paragraph b.3 of this section are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence (except for storm water runoff, spillage, or leaks.5. Maximum production. If an effluent guideline promulgated under Section 304 of CWA applies to the applicant and is expressed in terms of production (or other measure of operation), a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline. The reported measure must reflect the actual production of the facility as required by Section 7.2.b.6. Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement project, and a listing of the required and projected final compliance dates.7. Effluent characteristics. Information on the discharge of pollutants is specified in this sub-paragraph. When "quantitative data" for a pollutant is required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR 122.21(g)(7) and 40 CFR Part 136. When no analytical method is approved the applicant may use any suitable method but must provide a description of the method. When an applicant has two or more outlets with substantially identical effluents the Chief may allow the applicant to test only one outlet and report that the quantitative data also applies to the substantially identical outlet. The requirements in paragraphs 4.4.b.7.iii and 4.4.b.7.iv of this section that an applicant must provide quantitative data for certain pollutants known or believed to be present does not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant must report such pollutants as present. The Chief may require that grab samples or composite samples be used for particular pollutants. An applicant is expected to "know or have reason to believe" that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant. (For example, any pesticide manufactured by a facility may be expected to be present in contaminated storm water runoff from the facility). i.A. Every applicant must report quantitative data for every outlet for the following parameters relating to pollutants unless the prescribed form indicates that such data is not necessary: 1. Biochemical Oxygen Demand (BOD2. Chemical Oxygen Demand4. Total Suspended Solids6. Temperature (both winter and summer)B. At the applicant's request, the Chief may waive the reporting requirements for particular point sources or for "a particular industry category for one or more of the pollutants listed in paragraph 4.4.b.7.i.A of this section if the applicant has demonstrated that such a waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements.ii. Each applicant with processes in one or more primary industry category (see Appendix A) contributing to a discharge must report quantitative data for the following pollutants in each outlet containing process wastewater: A. The organic toxic pollutants in the fractions designated in Table I of Appendix D (July 1, 1985) for the applicant's industrial category or categories; and provided, further, that testing and reporting for the base/neutral fraction in the Once-Through Cooling Water, Fly Ash and Bottom Ash Transport Water process wastestreams of the Steam Electric Power Plant industrial category shall not apply. Table II of Appendix D (July 1, 1985) lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure which uses gas chromotography/mass spectrometry, A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing is not conclusive as to the applicant's inclusion in that category for any other purposes.B. The pollutants listed in Table III of Appendix D (July 1, 1985)(the toxic metals, cyanide, and total phenols). iii.A. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Table IV of Appendix D (July 1, 1985) (Certain conventional and nonconventional pollutants) is discharged from each outlet. If an applicable effluent limitations guideline either directly limits the pollutant or, by its expressed terms, indirectly limits the pollutant through limitations on an indicator, or upon a specific request by the Chief for certain Table IV pollutants at the issuance of the application, or at such later time as provided in 4.4.b.12, the applicant must report quantitative data. For every pollutant discharged which is not so limited in an effluent limitations guideline or specifically requested by the Chief, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.B. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants listed in Table II or Table III of Appendix D (July 1, 1985) (the toxic pollutants and total phenols) for which quantitative data are not otherwise required under paragraph 4.4.b.7.ii of this section, is discharged from each outfall. For every pollutant expected to be discharged in concentrations of 10 ppb or greater the applicant must report quantitative data. For acrolein, acrylonitrile, 2, 4-dinitrophenol, and 2-methyl-4,6 dinitrophenol, where any of these four pollutants are expected to be discharged in concentrations of 100 ppb or greater the applicant must report quantitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2,4-dinitrophenol, and 2- methyl-4,6 dinitrophenol, in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. An applicant qualifying as a small business under paragraph 4.4.b.8 of this section is not required to analyze for pollutants listed in Table II of Appendix D (July 1, 1935) (the organic toxic pollutants).iv. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Table V of Appendix D (July 1, 1985) (certain hazardous substances and asbestos) are discharged from each outlet. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged, and report quantitative data it has for any pollutant.v. Each applicant, except sewage facilities, must report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin (TCDD) if it:A. Uses or manufactures 2, 4, 5-trichlorophenoxy acetic acid (2,4,5-t); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex,2,4,5-TP); 2-(2,4,5-trichlorophenoxy) ethyl 2, 2-dichloropropionate (Erbon); 0, 0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorathiate (Ronnel); 2,4-5-trichlorophenol (TCP); or hexachlorophene (HCP); orB. Knows or has reason to believe that TCDD is or may be present in an effluent. 8. Small business exemption. An applicant which qualifies as a small business under one of the following criteria is exempt from the requirements in paragraphs 4.4.b.7.ii.A or 4.4.b.7.iii.A of this section to submit quantitative data for the pollutants listed in Table II of Appendix D (July 1, 1985) (the organic toxic pollutants): i. For all other applicants, gross total annual sales averaging less than $100,000 per year.9. used or manufactured toxics. A listing of any toxic pollutant which the applicant does or expects that it will during the next five (5) years use or manufacture as an intermediate or final product or by-product.10. Biological toxicity tests. An identification of any biological toxicity tests which the applicant knows or has reason to believe have been made within the last three (3) years on any of the applicant's discharges or on a receiving water in relation to a discharge.11. Contract analyses. If a contract laboratory or consulting firm performed any of the analyses required by paragraph 4.4.b.7 of this section, the identity of each laboratory or firm and the analyses performed.12. Additional information. In addition to the information reported on the application form, applicants shall provide to the Chief, at his or her request, such other information as the Chief may reasonably require to assess the discharges of the facility and to determine whether to issue a NPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity to aquatic life of the discharges and requirements to determine the cause of the toxicity. c. New and existing concentrated animal feeding operations and concentrated aquatic animal production facilities shall provide the following information to the Chief, using the application form provided by the Chief: 1. For concentrated animal feeding operations: i. The type and number of animals in open confinement and housed under roof.ii. The number of acres used for confinement feeding.iii. The design basis for the runoff diversion and control system, if one exists, including the number of acres of contributing drainage, the storage capacity, and the design safety factor.2. For concentrated aquatic animal production facilities: i. The maximum daily and average monthly flow from each outlet.ii. The number of ponds, raceways, and similar structures.iii. The name of the receiving water and the source of intake water.iv. For each species of aquatic animals, the total yearly and maximum harvestable weight.v. The calendar month of maximum feeding and the total mass of food fed during that month.3. Any other information the Chief may reasonably require.d. Variance requests by non-POTWs. A discharger which is not a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under any of the following statutory or regulatory provisions within the times specified in this paragraph:1. Fundamentally different factors. A request for a variance based on the presence of "fundamentally different factors" from those on which the effluent limitations guideline was based shall be made by the close of the public comment period under Section 12.1. The request shall explain how the requirements of 40 CFR Part 125, Subpart D have been met.2. Nonconventional pollutants. A request for a variance from the BAT requirements for CWA Section 301(b)(2)(F) pollutants (commonly called "nonconventional pollutants") pursuant to Section 301(c) of CWA because of the economic capability of the owner or operator, or pursuant to Section 301(g) of CWA because of certain environmental considerations, when those requirements were based on effluent limitation guidelines, must be made by:i. Submitting an initial request to the Regional Administrator, as well as to the Chief, stating the name of discharger, the permit number, the outlet number(s), the applicable effluent guideline, and whether the discharger is requesting a Section 301(c) or Section 301(g) modification or both. This request must have been filed not later than:A. September 25, 1978, for a pollutant which is controlled by a BAT effluent guideline promulgated before December 27, 1977; orB. 270 days after promulgation of an applicable effluent limitation guideline for guidelines promulgated after December 28, 1977; andii. Submitting a completed request no later than the close of the public comment period under Section 12.1 demonstrating that the applicable requirements of 40 CFR Part 125 have been met.iii. Requests for variance from effluent limitations not based on effluent limitation guidelines, need only comply with paragraph 4.4.d.2.ii of this section and need not be preceded by an initial request under paragraph 4.4.d.2.i of this section.3. Delay in construction of POTW. An extension under CWA Section 301(i)(2) of the statutory deadlines in Sections 301(b)(1)(A) or (B) (1) (C) of CWA based on delay in completion of a POTW into which the source is to discharge must have been requested on or before June 26, 1978, or 180 days after the relevant POTW requested an extension under paragraph 4.4.e.1 of this section, whichever is later, but in no event may this date have been later than December 25, 1978. The request shall explain how the requirements of 40 CFR Part 125, Subpart J have been met.4. Innovative technology. An extension under CWA Section 301(k) from the statutory deadline of Section 301(b) (2) (A) for best available technology based on the use of innovative technology may be requested no later than the close of the public comment period under Section 12.1 for the discharger's initial permit requiring compliance with Section 301(b)(2)(A). The request shall demonstrate that the requirements of 40 CFR Part 125 have been met.5. Water quality related effluent limitations, A modification under Section 302(b)(2) of requirements under Section 302(a) for achieving water quality related effluent limitations may be requested no later than the close of the public comment period under Section 12.1 on the permit from which the modification is sought.6. Thermal discharge. A variance under CWA Section 316(a) for the thermal component of any discharge must be filed with a timely application for a permit under this section, except that if thermal effluent limitations are established under CWA Section 402(a) (1) or are based on water quality standards the request for a variance may be filed by the close of the public comment period under Section 12.1. A copy of the request as required under 40 CFR Part 125, Subpart H, shall be sent to the Chief as required under that section.e. Variance requests by POTWs. A discharger which is a publicly owned treatment works (POTW) may request a variance from otherwise applicable effluent limitations under either of the following statutory provisions as specified in this paragraph: 1. Delay in construction. An extension under CWA Section 301(i)(1) of the statutory deadlines in CWA Sections 301(b)(1)(B) or (b)(1)(C) based on delay in the construction of the POTW must have been requested on or before June 26, 1978.2. Water quality based effluent limitation, A modification under CWA Section 302(b)(2) of the requirements under Section 302(a) for achieving water quality based effluent limitations shall be requested no later than the close of the public comment period under Section 12.1 on the permit from which the modification is sought.f. Expedited variance procedures and time extensions:1. Notwithstanding the time requirements in paragraphs 4.4.d and 4.4.e of this section, the Chief may notify a permit applicant before a draft permit is issued that the draft permit will likely contain limitations which are eligible for variance. In the notice the Chief may require the applicant as a condition of consideration of any potential variance request to submit a request explaining how the requirements of 40 CFR Part 125 applicable to the variance have been met and may require its submission within a specified reasonable time after receipt of the notice. The notice may be sent before the permit application has been submitted. The draft or final permit may contain the alternative limitations which may become effective upon final grant of the variance.2. A discharger who cannot file a complete request required under paragraphs 4.4.d.2.ii or 4.4.d.2.iii of this section may request an extension. The extension may be granted or denied at the discretion of the Chief. Extensions shall be no more than 6 months in duration.4.5. Record keeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted for a period of at least three (3) years from the date the application is signed.4.6. Signatories to permit applications and reports.a. Applications. All permit applications shall be signed as follows:1. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: i. A president, secretary, treasurer, or vice-president of the corporation in charge of a principle business function, or any other person who performs similar policy or decision making functions for the corporation, orii. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. NOTE: The Chief does not require specific assignments or delegations of authority to responsible corporate officers identified in Section 4.6.a.1.i. The Chief will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Chief to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under Section 4.6.a.1.ii rather than to specific individuals.
2. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or3. For a municipality. State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: i. The Chief executive officer of the agency, orii. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA.)b. Reports. All reports required by permits and other information requested by the Chief, shall be signed by a person described in paragraph 4.6.a of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:1. The authorization is made in writing by a person described in paragraph 4.6.a of this section;2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and3. The written authorization is submitted to the Chief.c. Changes to authorization. If an authorization under paragraph 4.6.b of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph 4.6.b of this section must be submitted to the Chief prior to or together with any reports, information, or applications to be signed by an authorized representative.d. Certification. Any person signing a document under paragraphs 4.6.a or 4.6.b of this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete, I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
4.7. Filing fee. For all NPDES permits, the filing fees required under Series III, Section B shall apply, as though fully set forth herein.