Ga. Comp. R. & Regs. R. 391-3-6-.06 - Waste Treatment and Permit Requirements
(1)
Purpose. The purpose of Rule
391-3-6-.06 is to provide for the
degree of waste treatment required and the uniform procedures and practices to
be followed relating to the application for issuance, modification, revocation
and reissuance, and termination of permits for the discharge of any pollutant
into the waters of the State. Requirements applicable to general NPDES permits
are provided in Rules
391-3-6-.15 and
391-3-6-.16.
(2)
Definitions. All terms used
in this Rule shall be interpreted in accordance with the definitions as set
forth in the Act unless otherwise defined in this Paragraph or in any other
Rules of this Chapter:
(a) "Annual average
stream flow" means that flow measured daily at the nearest listed U.S. Geologic
Survey stream gauge, averaged for the entire period of record, and adjusted by
comparison to the size of the drainage area in which the discharge is
located.
(b) "Aquaculture project"
means any point source which meets the criteria set forth in the Federal
Regulations, 40 C.F.R.
122.25;
(c) "Concentrated animal feeding operation"
means any point source which meets the criteria set forth in the Federal
Regulations, 40 C.F.R.
122.23;
(d) "Concentrated aquatic animal production
facility" means any point source which meets the criteria set forth in the
Federal Regulations, 40
C.F.R. 122.24;
(e) "Construction" means any placement,
assembly, or installation of facilities or equipment (including contractual
obligations to purchase such facilities or equipment) at the premises where
such equipment will be used, including preparation work at such
premises;
(f) "Dilution factor"
means a numerical representation of the dilution of the permitted effluent from
the wastewater treatment facility in the receiving stream. It shall be used to
calculate instream concentrations of priority pollutants when the effluent
concentration is known and to calculate effluent limitations from the instream
criteria concentration listed in
391-3-6-.03(5)(e).
1. For constituents and their criteria listed
in 391-3-6-.03(5)(e)(i) and
(iii) and for constituents and their chronic
criteria in
391-3-6-.03(5)(e)(ii),
the dilution factor equals:
[7-day, 10-year minimum stream flow (7Q10) + discharger design flow] / discharger design flow
For constituents and their acute criteria listed in 391-3-6-.03(5)(e)(ii), the dilution factor for the calculation of effluent limitations equals:
[1-day, 10-year minimum stream flow (1Q10) + discharger design flow] / discharger design flow
For constituents listed in 391-3-6-.03(5)(e)(iv), the dilution factor equals:
[Annual or long-term average stream flow + Discharger design flow] / discharger design flow
2. The dilution factor equations assume a
relatively rapid and complex mix. In situations where this does not occur, the
Permittee or EPD may perform field studies to document and describe the mixing
zone. The dilution factor in such situations, for the purpose of calculating
effluent limitations for chemical constituents, will be determined based on the
studies. If a mixing zone is granted, all criteria and requirements of
subsection
391-3-6-.03(10)
must also be met.
3. In situations
where the dilution factor equations do not appropriately describe the dilution
capacity of receiving waters, such as for discharges to impounded waters or to
tidal estuaries, the dilution factor will be determined through field studies
or appropriate analytical procedures.
(g) "Effluent Limitation" means any
restriction or prohibition established under the Act on quantities, rates, or
concentrations, or a combination thereof, of chemical, physical, biological, or
other constituents which are discharged from point sources into the waters of
the State, including, but not limited to, schedules of compliance and whole
effluent biological monitoring requirements;
(h) "EPD" means the Environmental Protection
Division of the Georgia Department of Natural Resources;
(i) "Indirect discharger" means a
non-domestic discharger introducing pollutants to a publicly owned treatment
works;
(j) "Major discharger" as
defined in EPA annual operating guidance for the EPA Regional Offices and the
States and specifically listed in the annual State program plan;
(k) "New discharger" means any point source
that meets the criteria set forth in the Federal Regulations,
40 C.F.R.
122.29;
(l) "New Source" means any point source that
meets the criteria set forth in the Federal Regulations,
40 C.F.R.
122.29;
(m) "NPDES Permit Application" means the
application filed by any person with the Director for an NPDES
Permit;
(n) "NPDES Permit" means
the permit issued by the Division to regulate the discharge of pollutants from
any point source into the waters of the State;
(o) "Segment" means a portion of a water
quality planning area, the surface waters of which have common hydrologic
characteristics (or flow regulation patterns); common natural physical,
chemical and biological characteristics and processes; and common reactions to
external stresses, such as the discharge of pollutants. Segments will be
classified as either a water quality segment or an effluent limitation segment
as follows:
1. Water quality segment. Any
segment where it is known that water quality does not meet applicable water
quality standards and/ or is not expected to meet applicable water quality
standards even after the application of the effluent limitations required by
sections 301(b)(1)(B) and 301(b)(2)(A) of the Act;
2. Effluent limitation segment. Any segment
where it is known that water quality is meeting and will continue to meet
applicable water quality standards or where there is adequate demonstration
that water quality will meet applicable water quality standards after the
application of the effluent limitations required by sections 301(b)(1)(B) and
301(b)(2)(A) of the Act.
(p) "Separate storm sewer" means any point
source which meets the criteria set forth in the Federal Regulations,
40 C.F.R.
122.26.
(q) "Silvicultural point source" means any
point source which meets the criteria set forth in the Federal Regulations,
40 C.F.R.
122.27;
(3)
Permit Requirement.
(a) Any person discharging or proposing to
discharge into the waters of the State any pollutant from a point source
including those defined in Paragraph
391-3-6-.06(2)
above, under any of the circumstances described in O.C.G.A. Section
12-5-30(a), shall
obtain a permit from the EPD to make such discharge.
(b) Any person discharging or proposing to
discharge any pollutant from a non-point source into the waters of the State,
under the circumstances described in O.C.G.A. Section
12-5-30(b), shall
obtain written approval from the EPD and shall be required to use best
management practices to minimize to the extent feasible as determined by the
EPD the introduction of the pollutant into the waters of the State. The best
management practices shall be included in a permit, if the Director has issued
one to the same person for a point source discharge.
(c) Any person owning or operating a
treatment works, from which a discharge into the waters of the State could
possibly occur, excluding discharges which could result from Acts of God, shall
apply to the EPD for a permit.
(4)
Degree of Waste Treatment
Required.
(a) All pollutants shall
receive such treatment or corrective action so as to ensure compliance with the
terms and conditions of the issued permit and with the following, whenever
applicable:
1. Effluent limitations
established by EPA pursuant to Sections 301, 302, 303 and 316 of the Federal
Act;
2. Standards of performance
for new sources established by the EPA pursuant to Section 306 of the Federal
Act;
3. Effluent limitations and
prohibitions and pretreatment standards established by the EPA pursuant to
Section 307 of the Federal Act;
4.
Criteria for the issuance of permits to aquaculture projects, as defined in
this Paragraph, established by EPA pursuant to Section 318 of the Federal
Act;
5. Criteria and standards for
Best Management Practices established by EPA pursuant to Section 304(e) of the
Federal Act;
6. Criteria and
standards for imposing conditions for the disposal of sewage sludge established
by EPA pursuant to Section 405 of the Federal Act;
7. Ensure consistency with the requirements
of a Water Quality Management plan approved by EPA pursuant to Section 208(b)
of the Federal Act;
8. Criteria for
ocean discharges established by EPA pursuant to Section 403(c) of the Federal
Act;
9. Incorporate alternative
effluent limitations or standards where warranted by "fundamentally different
factors" established by EPA; in accordance with Federal Regulations,
40 C.F.R.
124.62(e);
10. Notwithstanding the above, more stringent
effluent limitations may be required as deemed necessary by the EPD (a) to meet
any other existing Federal laws or regulations, or (b) to ensure compliance
with any applicable State water quality standards, effluent limitations,
treatment standards, or schedules of compliance;
11. With regard to any non-point source
required to obtain a permit, such best management practices as are required to
ensure compliance with applicable State water quality
standards.
(b)
Calculations and specification of effluent limits and standards shall be made
in accordance with the provisions of Federal Regulations,
40 C.F.R.
122.44 and
122.45.
(c) The foregoing requirements shall be
applied in considering all applications made pursuant to O.C.G.A. Section
12-5-30, and no such application
will be approved unless the waste treatment facilities contemplated thereby
will achieve such limitations and standards upon completion thereof or within
such reasonable time thereafter as the EPD may provide, consistent with
subparagraph
391-3-6-.06(10).
(d) Until such time as such criteria,
standards, limitations, and prohibitions are promulgated pursuant to Sections
301, 302, 303, 304(e), 306, 307 and 405 of the Federal Act, the EPD shall apply
such standards, limitations and prohibitions necessary to achieve the purposes
of said sections of the Federal Act. With respect to individual point sources,
such limitations, standards, or prohibitions shall be based upon an assessment
of technology and processes, towit:
1. To
existing point sources, other than publicly owned treatment works, effluent
limitations based on application of the best practicable control technology
currently available;
2. To publicly
owned treatment works, effluent limitations based upon the application of
secondary treatment or treatment equivalent to secondary treatment in
accordance with Federal Regulations,
40 C.F.R.
133.102 and. 105;
3. To any point source, other than publicly
owned treatment works, whose construction commences after the initial effective
date of this Rule, and for which there are not new source performance
standards, effluent limitations which reflect the greatest degree of effluent
reduction which the EPD determines to be achievable through application of the
best available demonstrated control technology, processes, operating methods,
or other alternatives, including, where practicable, a standard permitting no
discharge of pollutants, consistent with
40 C.F.R.
125.3(c)(2).
4. To any point source, as appropriate,
effluent limitations or prohibitions designed to prohibit the discharge of
toxic pollutants in toxic amounts or to require pretreatment of pollutants
which interfere with, pass through, or otherwise are incompatible with the
operation of publicly owned treatment works; and
5. To any point source, as appropriate, more
stringent effluent limitations as are required to ensure compliance with
applicable State water quality standards, including those to prohibit the
discharge of toxic pollutants in toxic amounts. Where necessary, NPDES Permits
issued or reissued after the adoption of this paragraph shall include numeric
criteria based upon the following procedures to ensure that toxic substances
and other priority pollutants are not discharged to surface waters in harmful
amounts:
(i) The EPD will review available
data for reported concentrations of any of the following chemical constituents
detected at levels based upon analytical methods described in Federal
Regulations 40 C.F.R. 136, or that have EPA concurrence, which establishes
guidelines on test procedures for the analysis of pollutants.
CHEMICAL CONSTITUENT
1. Methoxychlor
2. 2,4-Dichlorophenoxyacetic acid (2,
4-D)
3. 2,4,5-Trichlorophenoxy
propionic acid (TP Silvex)
4.
Antimony
5. Arsenic
6. Beryllium
7. Cadmium
8. Chromium (III)
9. Chromium (VI)
10. Copper
11. Lead
12. Mercury
13. Nickel
14. Selenium
15. Silver
16. Thallium
17. Zinc
18. Cyanide
19. Acrolein
20. Acrylonitrile
21. Benzene
22. Bromoform (Tribromomethane)
23. Carbon Tetrachloride
24. Chlorobenzene
25. Chlorodibromomethane
26. Chloroethane
27. 2-Chloroethylvinyl Ether
28. Chloroform (Trichloromethane)
29. Dichlorobromomethane
30. 1,1-Dichloroethane
31. 1,2-Dichloroethane
32. 1,1,Dichloroethylene
33. 1,2-Dichloropane
34. 1,3-Dichloropropylene
35. Ethylbenzene
36. Methyl Bromide (Bromomethane)
37. Methylene Chloride
38. Methyl Chloride (Chloromethane)
39. 1,1,2,2-Tetrachloroethane
40. Tetrachloroethylene
41. Toluene
42. 1,2-Trans- Dichloroethylene
43. 1,1,1-Trichloroethane
44. 1,1,2-Trichloroethane
45. Trichloroethylene
46. Vinyl Chloride
47. 2-Chlorophenol
48. 2,4-Dichlorophenol
49. 2,4-Dimethylphenol
50. 2-Methyl-4,6- Dinitrophenol
51. 2,4-Dinitrophenol
52. 2-Nitrophenol
53. 4-Nitrophenol
54. 3-Methyl-4-Chlorophenol
55. Pentachlorophenol
56. Phenol
57. 2,4,6-Trichlorophenol
58. Acenaphthene
59. Acenaphthylene
60. Anthracene
61. Benzidine
62. Benzo(a)Anthracene
63. Benzo(a)Pyrene
64. 3,4-Benzofluoranthene
65. Benzo(ghi)Perylene
66. Benzo(k)Fluoranthene
67. Bis(2-Chloroethoxy)Methane
68. Bis(2-Chloroethyl)Ether
69. Bis(2-Chloroisopropyl) Ether
70. Bis(2-Ethylhexyl) Phthalate
71. 4-Bromophenyl Phenyl Ether
72. Butylbenzyl Phthalate
73. 2-Chloronaphthalene
74. 4-Chlorophenyl Phenyl Ether
75. Chrysene
76. Dibenzo(a,h)Anthracene
77. 1,2-Dichlorobenzene
78. 1,3-Dichlorobenzene
79. 1,4-Dichlorobenzene
80. 3,3´-Dichlorobenzidine
81. Diethyl Phthalate
82. Dimethyl Phthalate
83. Di-n-Butyl Phthalate
84. 2,4-Dinitrotoluene
85. 2,6-Dinitrotoluene
86. Di-n-Octyl Phthalate
87. 1,2-Diphenylhydrazine
88. Fluoranthene
89. Fluorene
90. Hexachlorobenzene
91. Hexachlorobutadiene
92. Hexachloro- cyclopentadiene
93. Hexachloroethane
94. Indeno(1,2,3-cd) Pyrene
95. Isophorone
96. Naphthalene
97. Nitrobenzene
98. N-Nitrosodimethylamine
99. N-Nitrosodi-n- Propylamine
100. N-Nitrosodiphenylamine
101. Phenanthrene
102. Pyrene
103. 1,2,4-Trichlorobenzene
104. Aldrin
105. a-BHC-Alpha
106. b-BHC-Beta
107. Lindane [Hexachlorocyclohexane
(g-BHC-Gamma)]
108.
d-BHC-Delta
109.
Chlordane
110.
4,4´-DDT
111.
4,4´-DDE
112.
4,4´-DDD
113.
Dieldrin
114.
a-Endosulfan
115.
b-Endosulfan
116. Endosulfan
Sulfate
117. Endrin
118. Endrin Aldehyde
119. Heptachlor
120. Heptachlor Epoxide
121. PCBs
122. Toxaphene
(ii) For the chemical constituents identified
after completion of (i) above, and/or if other site specific information
available to the EPD indicates the presence of one or more of the above
chemical constituents at levels of concern to EPD, the EPD will control the
chemical constituent with a monitoring provision or with effluent limitations
in the NPDES permit.
(a) If there are less
than 10 data points available at the time of evaluation, and if the instream
concentration, which is measured or calculated by dividing the effluent
concentration by appropriate dilution factor from
391-3-6-.06(2)(f),
is greater than or equal to fifty percent of the criteria concentration(s),
then the permittee will be required to monitor that constituent for at least
ten months. If there is more than one data point at the time of evaluation,
then the data will be averaged together in calculating the instream
concentration as described above. An exception to this is if the stream
concentration is to be compared against an acute criterion. If this is the
case, then instead of using the average of the data, the highest data point in
the set will be used to calculate the instream concentration. This number will
then be compared against 50% of the acute criterion.
(b) The EPD will review the monitoring
results after the permittee has monitored the chemical constituents for at
least ten months.
(1) In the case of chemical
constituents with acute criteria, if the instream concentration (calculated
using the highest concentration of at least ten monthly samples and the
formula(s) in
391-3-6-.06(2)(f)
is greater than the acute criterion then an effluent limit(s) for that
constituent will be required at permit issuance. If the instream concentration
is less than or equal to the acute criterion, then the EPD may terminate or
lessen the monitoring requirement for that constituent. In the case of all
other chemical constituents with numeric criteria, if the average of at least
ten monthly samples indicates that a chemical constituent's instream
concentration is less than fifty percent of the instream criteria, based on the
formula(s) in
391-3-6-.06(2)(f),
then the EPD may terminate or lessen the monitoring requirement for that
constituent. If the average is fifty percent or more of the instream criteria,
an effluent limit(s) for that constituent will be required at permit
issuance.
(2) If it is determined
that an effluent limit(s) is required as described above, then the permit shall
be reissued or modified to include an effluent limit(s) for the chemical
constituent calculated as follows:
Effluent limit = criteria concentration X dilution factor X translation factor (if necessary).
The translation factor will be used to convert dissolved criteria concentrations into total recoverable permit limits using methods discussed in 391-3-6-.03(5)(e)(ii). Where a constituent has both an acute and chronic aquatic life criteria, the acute criteria will be used to calculate a daily maximum effluent limitation while the chronic criteria will be used to calculate a monthly average effluent limitation.
(c) If
the permit is issued or modified as in (ii)(b)(2) above for a chemical
constituent listed in
391-3-6-.03(5)(e),
the limit shall become effective upon issuance or modification of the
permit.
(d) At the request of the
permittee, a schedule to allow for development of a site-specific effluent
limit may be established by the EPD. This schedule would be contained in the
permit or in an accompanying Consent Order and include the following:
(1) A requirement for monthly monitoring for
all chemical constituents that are limited.
(2) A requirement that the permittee perform
site-specific studies, consisting of whole effluent biomonitoring, water-effect
ratio tests, stream studies, or other appropriate studies or calculations. The
methodology for these tests will be determined by the EPD on a case-by-case
basis. Water-effect ratio studies are to be conducted using the EPA guidance
document "Interim Guidance on Determination and Use of Water-Effect Ratios for
Metals, EPA-823-B-94-001" or "Stream Lined Water-Effect Ratio Procedure for
Discharges of Copper, EPA-822-R-01-005" or the most recent EPA guidance
document.
(3) A requirement that
all data obtained in (2) and (3) be submitted to the EPD for review.
(4) No more than two years following
initiation of monitoring under (ii)(a), the EPD will use the data to calculate
site-specific limitations for each chemical constituent, and will initiate the
process to incorporate the limitation(s) into the permit along with
requirements for a minimum of annual whole effluent biomonitoring. At any time
during the two year period the EPD may, upon its initiative or that of the
permittee, review the data that have been submitted and may determine that
limits and monitoring requirements for one or more chemical constituents may be
terminated. All modifications of limits and monitoring requirements will comply
with anti-backsliding requirements contained in Section 402(o) of the Clean
Water Act. Conversely, should the EPD determine that adequate data are
available before the two year interim monitoring period, it may develop
site-specific limitations for the constituent(s) without additional
monitoring.
(e) Any
permit modifications or revocation/reissuances pursuant to (ii)(b)(2) or
(ii)(d) will be performed in accordance with procedures described in
391-3-6-.06(7),
including public participation requirements.
(f) For any metals monitored during any
portion of the limits determination process, measurement will be by the most
appropriate analytical technique approved by the U.S. EPA which provides a
measurement of the portion of the metal present which may cause toxicity to
aquatic life in the receiving stream.
(iii) For other 307(a) chemical constituents,
including priority pollutants not identified in
391-3-6-.03(5)(e)(i)
-(vi) whole effluent biomonitoring will be
used to develop either a site-specific criteria concentration or a whole
effluent toxicity limit, with such limits to be incorporated into permits. This
paragraph applies to the following chemical constituents:
(a) Chloroethane
(b) 1,1-Dichloroethane
(c) 1,1,1-Trichloroethane
(d) 2-Nitrophenol
(e) 4-Nitrophenol
(f) Bis(2-Chloroethoxy) Methane
(g) 4-Bromophenyl Phenyl Ether
(h) 4-Chlorophenyl Phenyl Ether
(i) 2,6-Dinitrotoluene
(j) Di-n-Octyl Phthalate
(k) Naphthalene
(l) d-BHC-Delta
(m) Silver
(n) Beryllium
(o) 2-Chloro ethyl vinyl ether
(p) Methyl chloride (chloromethane)
(q) 3-Methyl-4-Chlorophenol
(r) Acenaphthylene
(s) Benzo (ghi) perylene
(t) Phenanthrene
(iv) The criteria concentration may be more
stringent under either one of the following situations:
(a) If the chemical constituent exists in the
upstream reaches of the receiving stream at any level greater than zero due to
the presence of other direct dischargers. For this situation, the criteria
concentration for computation of the effluent limit will be the net value after
subtracting out this initial concentration. Unless actual water quality studies
and monitoring or calculations indicate otherwise, it will be assumed that the
upstream levels of each constituent are zero; or
(b) If the EPD determines that more stringent
limitations should be imposed in order to reserve some assimilative capacity
for future discharges.
(v) The effluent limit determined in
(ii)(b)(2) above may be adjusted as follows, to determine the actual effluent
limit to be used in the permit:
(a) If the
limit is more stringent than the analytical laboratory detection limit using
analytical methods described in Federal Regulations 40 C.F.R. 136 or methods
that have EPA concurrence, then the limit will include an accompanying
statement in the permit that a reading of not detected using the analytical
methods specified in the permit will be considered as being in compliance with
the limit;
(b) If water quality
studies and monitoring indicate that the chemical constituent is present in the
water supply or in the upstream reaches of the receiving stream at a
concentration equal to or exceeding the daily limit for the specific chemical
constituent, and the presence of such cannot be attributed to direct point
source dischargers, or nonpoint sources that can be reasonably controlled with
best management practices, the limit will be set equal to the natural ambient
concentration of the chemical constituent;
(c) For industrial point source dischargers,
if the specific chemical constituent is regulated by a technology-based
effluent guideline limit, the guideline limit will be compared to the
calculated limit. The limit will be the more stringent of the two
values;
(d) For complex effluents,
where several chemical constituents exist, the EPD will assign a limit for each
specific chemical constituent and may require a whole effluent biomonitoring
limit where there is a reasonable potential that the narrative criteria for
whole effluent toxicity will be exceeded. Such whole effluent biomonitoring
limitation will consist of a series of bioassays of the wastewater treatment
plant effluent, and, if appropriate, toxicity source identification
evaluations, and implementation steps to reduce the chronic toxicity. This
approach shall not be applied to those chemical constituents considered
potential or known carcinogens or to the chemical constituents identified in
391-3-6-.03(5)(d)(iii).
(vi) NPDES permits issued or reissued after
the adoption of this paragraph shall include biological monitoring provisions
and, where determined by the State to be necessary, a water quality-based whole
effluent provision utilizing numerical pass/fail criteria to manage the
effluent for the additive effects of all Section 307(a)(1) Federal Clean Water
Act toxic pollutants and other unknown toxic substances or priority pollutants.
The water quality-based whole effluent approach will help to ensure that the
wastewater treatment plant effluent does not contain unknown sources of acute
and chronic toxicity that may interfere with the designated water quality use
classifications of the receiving stream. The whole effluent acute biological
toxicity monitoring provision ensures protection from acute toxicity within any
designated mixing zone and helps to define alternate criteria to allow for the
safe passage of aquatic organisms through streams with 7-day, 10-year minimum
flows approaching zero. The numerical pass/fail criteria is also a screening
technique for use by the EPD to determine priority toxicity reduction
needs.
(vii) Permits issued or
reissued after the adoption of this paragraph may include site specific
temporary exceptions to the applicable water quality standards under
subparagraph
391-3-6-.03(5)(e)
when the requirements of this paragraph are met and the temporary exception is
specifically authorized herein. Where a discharger cannot meet applicable
limits for whole effluent toxicity because of a water quality based whole
effluent toxicity criteria, site-specific temporary exceptions may be allowed
on effluent dominated receiving streams under 7-day, 10-year minimum stream
flow (7Q10) conditions provided that it has been demonstrated that the
permitted discharge will comply with all chemical specific and other applicable
water quality criteria, that the receiving stream will support a balanced
indigenous population of aquatic life, and that controls more stringent than
those required by Section 301(b) and 306 of the Federal Act for achieving whole
effluent toxicity criteria would result in substantial and widespread adverse
economic and social impacts to the affected communities. These site-specific
exceptions shall be applicable only to the wastewater discharge as permitted at
the time the exception is authorized with no changes in process or wastewater
characteristics that would adversely affect water quality in the receiving
stream or adversely affect the ability of potential new pollution abatement
technologies to attain compliance with the whole effluent toxicity criteria.
These site-specific exceptions shall be reviewed consistent with
40 CFR
131.20 at least once in every 3-year period.
If it is determined that feasible new pollution abatement technologies or
alternatives have become available to allow compliance with whole effluent
toxicity criteria, these site-specific exceptions may be revoked and the NPDES
permits modified to require implementation of such pollution abatement
technologies or alternatives as soon as reasonably practicable. Along with this
permit modification will be a requirement for the permittee to comply with the
water quality based whole effluent toxicity criteria after installation of
these technologies.
(e) To all new dischargers or new sources the
following shall apply:
1. Except as provided
in subparagraph (e)2. any new discharger on which construction commenced after
October 18, 1972, or any new source, which meets the applicable promulgated new
source performance standards before the commencement of discharge, shall not be
subject to any more stringent new source performance standards, or to any more
stringent technology-based standards under section 301(b)(2) of the Federal Act
for the shortest of the following periods:
(i)
Ten years from the date that construction is completed;
(ii) Ten years from the date the source
begins to discharge process or other nonconstruction related wastewater;
or
(iii) The period of depreciation
or amortization of the facility for the purposes of Section 167 or 169 (or
both) of the Internal Revenue Code of 1986.
Comment: The provisions of this subparagraph do not apply to existing sources which modify their pollution control facilities or construct new pollution control facilities and achieve performance standards, but which are neither new sources nor new dischargers or otherwise do not meet the requirements of this subparagraph.
2. The protection of more stringent standards
of performance afforded by subparagraph (e)1. of this section does not apply
to:
(i) Additional or more stringent permit
conditions which are not technology based, e.g., conditions based on water
quality standards, or effluent standards or prohibitions under Section 307(a)
of the Federal Act; and
(ii)
Additional permit conditions controlling pollutants listed as toxic under
Section 307(a) of the Federal Act or as hazardous substances under Section 311
of the Federal Act and which are not controlled by new source performance
standards. This includes permit conditions controlling pollutants other than
those identified as toxic or hazardous where control of those other pollutants
has been specifically identified as the method to control the toxic or
hazardous pollutant.
3.
Where an NPDES permit issued to a source enjoying a "protection period" under
subparagraph (e)1. will expire on or before the expiration of the protection
period, such permit shall require the owner or operator of the source to be in
compliance with the requirements of Section 301 of the Federal Act and any
other applicable requirements of the Federal Act immediately upon the
expiration of the protection period. No additional period for achieving
compliance with these requirements shall be allowed.
4. The owner or operator of a new source, a
new discharger, a source recommencing discharge after terminating operations,
or a source which has been an indirect discharger which commences discharging
into navigable waters shall install and have in operating condition, and shall
"startup" all pollution control equipment required to meet the terms and
conditions of its permits before beginning to discharge. Within the shortest
feasible time (not to exceed 90 days), the owner or operator must meet all
permit terms and conditions.
5.
After the effective date of new source performance standards, in accordance
with Section 306(e) of the Federal Act, it shall be unlawful for any owner or
operator of any new source to operate such source in violation of those
standards, applicable to such source.
(5)
Application for Permit.
(a) Applications for permits under the Act
shall be on forms as may be prescribed and furnished from time to time by the
EPD. Applications shall be accompanied by all pertinent information as the EPD
may require in order to establish effluent limitations in accordance with
paragraph
391-3-6-.06(4),
including, but not limited to, complete engineering reports, schedule of
progress, plans, specifications, maps, measurements, quantitative and
qualitative determinations, records, and all related materials. In addition,
applications will comply with the information requirements specified in the
Federal Regulations, 40
C.F.R. 122.21(g)(7) and
(j)(4).
(b) Engineering reports, plans,
specifications, and other material submitted to the EPD shall be prepared by or
under the direct supervision or review of, and bear the seal of, a Professional
Engineer competent in the field of sewage and industrial waste treatment. At no
time shall this requirement be in conflict with O.C.G.A. Section 43-15
governing the practices of professional engineering and surveying.
(c) Material submitted shall be complete and
accurate.
(d) Any State or NPDES
Permit Application form submitted to the EPD shall be signed as follows in
accordance with the Federal Regulations,
40 C.F.R.
122.22:
1.
For a corporation, by a responsible corporate officer. For this subparagraph a
responsible corporate officer means:
(i) a
president, secretary, treasurer, or vice president of the corporation in charge
of a principal business function, or any other person who performs similar
policy- or decision making functions for the corporation, or
(ii) 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.
2. For a
partnership or sole proprietorship, by a general partner or the proprietor,
respectively; or
3. For a
municipality, State, Federal, or other public facility, by either a principal
executive officer or ranking elected official.
(e) All other reports or requests for
information required by the permit issuing authority shall be signed by a
person designated in (d) above or a duly authorized representative of such
person, if:
1. The representative so
authorized is responsible for the overall operation of the facility from which
the discharge originates, e.g., a plant manager, superintendent or person of
equivalent responsibility;
2. The
authorization is made in writing by the person designated under (d) above;
and
3. The written authorization is
submitted to the Director.
(f) Any changes in written authorization
submitted to the permitting authority under (e) above which occur after the
issuance of a permit shall be reported to the permitting authority by
submitting a copy of a new written authorization which meets the requirements
of (e)1. and 2. above.
(g) Any
person signing any document under (d) or (e) above 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.
(h) All municipal discharges with permitted
flows equal to or greater than one million gallons per day, or with an approved
pretreatment program, or that are required to develop a pretreatment program,
must submit with the application results of valid whole effluent toxicity
testing.
1. This testing must be conducted
using EPA's methods or other established protocols which are scientifically
defensible and sufficiently sensitive to detect aquatic toxicity. Such testing
must have been conducted since the last NPDES permit reissuance or major
modification.
2. In addition to the
dischargers listed above, the Director may require other municipal dischargers
to submit the results of toxicity tests with their permit applications, based
on considerations which the Director determines could cause or contribute to
adverse water quality impacts.
Comment: The permit application will be revised to incorporate the statement in 391-3-6-.06(5)(g) above. Where a permit program document does not contain the statement, the certification must accompany the appropriate document.
(6)
Receipt and Use of Application and
Data.
(a) Applications for permits will
be reviewed together with such other information as may be necessary to
ascertain the effect of the discharge of any such pollutant upon the waters
into which such pollutant will be discharged.
(b) Copies of the complete NPDES Permit
Application received by the EPD shall be transmitted to the Regional
Administrator for any comment in such manner as the Director and the Regional
Administrator shall agree.
(c) The
EPD shall receive any relevant data collected by the Regional Administrator
prior to the EPD's participation in the NPDES in such manner as the Director
and the Regional Administrator shall agree.
(7)
Notice and Public
Participation. The provisions of Rule
391-3-6-.26 shall apply to public
notice of complete permit applications, draft permits and fact sheets or
statements of basis. The public notice for permits with an approved Sludge
Management Plan will also include publication in one or more newspapers of
general circulation in the area affected by the discharge.
(8)
Terms and Conditions of
Permits.
(a) Terms and conditions under
which the discharge will be permitted will be specified on the permit
issued.
(b) No NPDES Permit shall
be issued authorizing any of the following discharges:
1. The discharge of any radiological,
chemical, or biological warfare agent or high-level radioactive waste into
navigable waters;
2. Any discharge
which in the judgment of the Secretary of the Army would substantially impair
anchorage and navigation in or on any of the waters of the United
States;
3. Any discharge to which
the Regional Administrator has objected in writing in accordance with Federal
regulations, 40 C.F.R.
123.44, pursuant to any right to object
provided the Administrator of EPA under Section 401(d) of the Federal al
Act;
4. Any discharge from a point
source which is in conflict with a plan or amendment thereto approved pursuant
to Section 208(b) of the Federal Act;
5. Any discharge to the territorial sea, the
waters of the contiguous zone, or the oceans in the following circumstances:
(i) Prior to the promulgation of the
guidelines under section 403(c) of the Act, unless the Director determines
permit issuance to be in the public interest; or
(ii) After promulgation of guidelines under
section 403(c) of the Act, where insufficient information exists to make a
reasonable judgment as to whether the discharge complies with any such
guidelines.
6. To a
facility which is a new source or a new discharger, if the discharge from the
construction or operation of the facility will cause or contribute to the
violation of water quality standards, except as in accordance with Federal
Regulations, 40 C.F.R.
122.4(i).
(c) The terms and conditions specified on the
permit issued shall be in accordance with Federal Regulations,
40 C.F.R.
122.41,
122.42 and
122.44 and applicable State laws
and regulations promulgated thereunder.
(d) The issuance of a permit does not:
1. Convey any property rights of any sort, or
any exclusive privileges;
2.
Authorize any injury to private property or invasion of private rights, or any
infringement of Federal, State, or local laws or
regulations.
(9)
Publicly Owned Treatment
Works.
(a) If the permit is for a
discharge from a publicly owned treatment works, notice shall be required from
the applicant to the Director of the following:
1. Any new introduction of pollutants into
such treatment works from an indirect discharger which would be subject to
Section 306 of the Federal Act if it were directly discharging those
pollutants;
2. Any new introduction
of pollutants into such a treatment works from an indirect discharger subject
to Section 301 of the Federal Act if it were directly discharging those
pollutants;
3. Any substantial
change in volume or character of pollutants being introduced into such
treatment works by a source introducing pollutants into such works at the time
of issuance of the permit;
(b) If the permit is for a discharge from a
publicly owned treatment works, the permittee shall require any indirect
discharger to such treatment works to comply with the requirements of Sections
204(b), 307, and 308 of the Federal Act, including any requirement established
under 40 C.F.R. 403 . As a means of ensuring compliance with Section 307 of the
Federal Act, the permittee shall require each indirect discharger subject to
the requirements of said Section 307 to forward to the Director periodic notice
of progress (over intervals not to exceed 9 months) toward full compliance with
Section 307 requirements.
(c) If
the permit is for a discharge from a publicly owned treatment works, the
permittee shall identify, in terms of character and volume of pollutant, any
significant indirect dischargers into such treatment works subject to
pretreatment standards under Section 307(b) of the Federal Act and 40 C.F.R.
403.
(10)
Schedules
of Compliance.
(a) Any person who
obtains an NPDES Permit or other discharge permit pursuant to the Act but who
is not in compliance with applicable effluent standards and limitations or
other requirements contained in such permit at the time same is issued, shall
be required to achieve compliance with such standards and limitations or other
requirements in accordance with a schedule of compliance as set forth in such
permit, or Order by the Director, or in the absence of a schedule of
compliance, by the date set forth in such permit which the Director has
determined to be in the shortest reasonable period of time necessary to achieve
such compliance, but in no case later than an applicable statutory
deadline.
(b) In any case where the
period of time for compliance specified in subparagraph
391-3-6-.06(10)(a)
of these Rules exceeds 9 months, a schedule of compliance shall be specified
which will set forth interim requirements and the dates for their achievement.
In no event shall more than 9 months elapse between interim dates, and, to the
extent practicable, the interim dates shall fall on the last day of the months
of March, June, September, and December.
(c) Within fourteen (14) days after an
interim date of compliance of the final date of compliance, the permittee shall
provide the Director with written notice of its compliance or non-compliance
with the requirements or conditions specified to be completed by such date.
Failure to submit the written notice is just cause for the EPD to pursue
enforcement action pursuant to the Act.
(d) On the last working day of February, May,
August, and November the Director shall submit to EPA information concerning
noncompliance with NPDES Permit requirements by major dischargers in the
State.
(e) Any discharger who fails
or refuses to comply with an interim or final date of compliance specified in a
permit may be deemed by the Director to be in violation of the permit and may
be subject to enforcement action pursuant to the Act.
(11)
Monitoring, Recording and
Reporting Requirements.
Any discharge authorized by a permit issued pursuant to the Act may be subject to such monitoring, recording and reporting requirements as may be reasonably required by the Director including the installation, use and maintenance of monitoring equipment or methods; specific requirements for recording of monitoring activities and results; and periodic reporting of monitoring results. The monitoring, recording and reporting requirements shall be specified in a permit when issued, provided, however, the Director may require additional monitoring, recording and reporting by written notification to the permittee.
(a) The monitoring
requirements of any discharge authorized by any such permit shall be consistent
with Federal Regulations, 40
C.F.R. 122.41,
122.42, and
122.44 and applicable State
laws.
(b) Any permit which requires
monitoring of the authorized discharge shall comply with the recording
requirement specified by Federal Regulations,
40 C.F.R.
122.41 and applicable State laws. The
permittee shall be required to retain any records of monitoring activities and
results for a minimum of three (3) years, unless otherwise required or extended
by the Director upon written notification.
(c) Any holder of a permit which requires
monitoring of the authorized discharge shall report periodically to the EPD the
results of all required monitoring activities on appropriate forms supplied by
the EPD. The Director shall notify the permittee of the frequency of reporting
but in no case shall the reporting frequency be less than once per
year.
(12)
Modification, Revocation and Reissuance, and Termination of
Permits.
(a) The Director may revise
or modify the schedule of compliance set forth in an issued permit if the
permittee requests such modification or revision in writing and such
modification or revision will not cause an interim date in the compliance
schedule to be extended more than one hundred twenty (120) days or affect the
final date in the compliance schedule. The Director may grant requests in
accordance with this subparagraph if he determines after documented showing by
the permittee that good and valid cause (including Acts of God, strikes,
floods, material shortages or other events over which the permittee has little
or no control) exists for such revision.
(b) The Director in accordance with the
provisions of Federal Regulations,
40 C.F.R.
122.61,
122.62,
122.63,
122.64, and
124.5, may modify, revoke and
reissue, or terminate an issued permit in whole or in part during its term for
cause, including, but not limited to, the causes listed in Federal Regulations,
40 C.F.R.
122.62 and
122.64, or the cause listed in the
Act or regulations promulgated pursuant thereto. Prior to any such
modification, revocation and reissuance, or termination of an issued permit by
the Director (other than modification or revision of a compliance schedule
pursuant to subparagraph (a) above, or modification in accordance with the
provisions of 40 C.F.R.
122.63), the Director will give public notice
in accordance with the procedures set forth in subparagraph
391-3-6-.06(7)(b)
and an opportunity for public hearing in accordance with the procedures set
forth in subparagraph
391-3-6-.06(7)(c).
(c) In the case of a POTW which has received
a grant under Section 202(a)(3) of the Federal Act to fund 100% of the costs to
modify or replace facilities construction with a grant for innovative and
alternative wastewater technology under Section 202(a)(2), the schedule of
compliance may be modified to reflect the amount of time lost during
construction of the innovative or alternative facility. In no case shall the
compliance schedule be modified or extend beyond an applicable statutory
deadline for compliance.
(d) New
sources, new dischargers, sources which recommence discharging after
terminating operations and those sources which had been indirect dischargers
which commence discharging directly into navigable waters do not qualify for
compliance schedules under this paragraph and are subject of Federal
Regulations, 40 C.F.R.
122.29(d)(4).
(13)
Non-governmentally Owned Sewerage
Systems. In cases involving nongovernmentally owned sewerage systems, a
trust indenture or other legal contract or agreement, approved by the EPD,
assuring continuity of operation of the system, may be required to be filed
with the application for a permit. This provision shall not be applicable to
systems discharging only industrial waste.
(14)
Control of Disposal of Pollutants
into Wells. If the permit proposes to discharge to a well or subsurface
water, the Director shall specify additional terms and conditions which shall
(a) prohibit the proposed disposal, or (b) control the proposed disposal in
order to prevent pollution of ground and surface water resources and to protect
the public health and welfare. Any permit issued for the disposal of pollutants
into wells shall comply with Federal Regulations, and applicable State
laws.
(15)
Duration,
Continuation and Transferability of Permits.
(a) Any permit issued under the Act shall
have a fixed term not to exceed five (5) years. Upon expiration of such permit,
a new permit may be issued by the Director in accordance with the Act and
Federal Regulations 40 C.R.R. 122.9 and 122.64 provided that an application for
such new permit is filed with the Director at least 180 days prior to the
expiration date of the existing permit. The issuance of such new permit shall
likewise have a fixed term not to exceed five (5) years.
(b) A permit may be transferred to another
person by a permittee in accordance with
40 C.F.R.
122.61 if:
1. The permittee notifies the Director of the
proposed transfer:
2. A written
agreement containing a specific date for transfer of permit responsibility and
coverage between the current and new permittees (including acknowledgement that
the existing permittee is liable for violations up to that date, and that the
new permittee is liable for violations from that date on) is submitted to the
Director; and
3. The Director
within thirty (30) days does not notify the current permittee and the new
permittee of the EPD's intent to modify, revoke and reissue, or terminate the
permit and to require that a new application be filed rather than agreeing to
the transfer of the permit.
Comment: A new application will be required where the change of ownership is accompanied by a change or proposed change in process or wastewater characteristics or a change or potential change in any circumstances that the Director believes will affect the conditions or restrictions in the permit.
(c) When
the permittee has submitted a timely and sufficient application for a new NPDES
permit and the Director is unable, through no fault of the permittee, to issue
the new permit before the expiration date of the existing permit, then the
Director shall extend the existing permit until a new permit is
issued.
(d) For those industrial
categories for which EPA will establish effluent limitations based on best
available technology, permits will be issued to ensure compliance with the
effluent limit by the statutory deadline. This will be accomplished by
utilizing short-term permits and/or reopener clauses that will allow the permit
to be modified, revoked, reissued to comply with limitations promulgated
pursuant to the Act and subsequent regulations.
(e) Notwithstanding subparagraph (a) above,
if a toxic effluent standard or prohibition (including any schedule of
compliance specified in such effluent standard or prohibition) is established
under Section 307(a) of the Act for a toxic pollutant which is present in a
discharge and such standard prohibition is more stringent than any limitation
for such pollutant in a permit, the permit shall be revised or modified in
accordance with the toxic effluent standard or prohibition and the permittee so
notified.
(16)
Enforcement. Any person who violates any provision of the Act, any
rule promulgated and adopted pursuant thereto, or any term, condition, schedule
or compliance or other requirements contained in a permit issued pursuant to
the Act shall be subject to enforcement proceedings pursuant to the
Act.
(17)
Outfall
Identification.
(a) In order to provide
the public with information as to the location of permitted outfalls in State
waters and to provide the public with a way to contact appropriate persons
regarding questions and concerns about these outfalls, the following persons or
entitles are required to identify their permitted outfall(s) to the waters of
the State:
1. any person or entity that has
been issued an NPDES permit by the Division for a point source discharge of
treated process wastewater or treated domestic sewage to waters of the State;
or
2. any person or entity that has
an NPDES permit for the discharge of cooling water and that discharges one
million gallons or more of cooling water per day.
(b) The outfalls are to be identified by
attaching a sign to the outfall or by posting a sign adjacent to the outfall in
such a way that the sign shall be visible from the receiving water. Should the
outfall be submerged, then the sign shall be posted on the bank as close to the
outfall as possible. The sign shall be made of materials that are durable to
typical weather conditions. At a minimum, the sign shall be 15 inches
square.
(c) For facilities that
discharge sanitary wastewater, the sign shall include the following
information:
1. the words "Treated
Wastewater"
2. the facility name
including the name of the government body if owned by a local
government
3. the words "Permit #"
followed by the last five digits of the facility's NPDES Permit
number
4. the words "Outfall
Number" followed by the actual outfall number
5. the words "Owner Phone" followed by the
facility's phone number
6. EPD's
name and phone number.
(d) For facilities that discharge treated
process wastewater or cooling water, the sign shall include the following
information:
1. the words "Treated Industrial
Water" or "Cooling Water"
2. the
words "Permit #" followed by the last five digits of the facility's NPDES
Permit Number
3. the words "Outfall
Number" followed by the actual outfall number
4. EPD's name and phone number.
(e) In the case of permittees who
have been issued a general permit instead of an individual permit, EPD will
provide the permittee with a unique 5 digit number to use as a permit number on
the sign.
(f) The sign is to be
posted no later than 12 months after the effective date of this rule and it is
to be properly maintained from that point forward. Provided that a good faith
effort is made and documented by the person or entity to maintain such sign,
the person or entity shall be deemed in compliance with this Rule and the
Georgia Water Quality Control Act.
(g) The requirement to identify an outfall
will not apply if any of the following conditions apply:
1. If the posting of the sign would be
inconsistent with any other State or Federal Statute; or
2. If the outfall to the receiving water is
located on private property which is restricted to the public through fencing,
patrolling, or posting. If the property access restriction is accomplished by
the posting of signs, then in order to qualify under exemption number 2 above
the posted signs restricting access must be no more than 100 feet apart along
the periphery of the property.
(18)
NPDES Electronic Reporting.
The federal NPDES Electronic Reporting rule, 40 CFR Part 127 and associated
amendments, became effective on December 21, 2015. The requirements of this
rule relating to the submission of applications, reports, and compliance
notices may include the electronic submission of such items and electronic
signature for such items, as applicable and approved by the EPD. The use of the
terms "in writing" or "written" in the rule may include such electronic
submissions.
(19)
Effective
date. This Rule shall become effective twenty days after filing with the
Secretary of State's office.
Notes
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