Ga. Comp. R. & Regs. R. 391-3-6-.16 - Storm Water Permit Requirements
(1)
Purpose. The purpose of this Rule
391-3-6-.16 is to provide for 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 storm water into the waters of the State. Unless
specifically adopted by reference herein, no other part of this Chapter 391-3-6
shall govern the issuance of any storm water permit.
(2)
Definitions. All terms used
in this Rule shall be interpreted in accordance with the definitions as set
forth in the Act and in 40
C.F.R. 122.26(b) unless
otherwise defined in this Paragraph or in any other Rules of this Chapter:
(a) "Area Wide Permit" means either an
individual or a general permit issued to a municipality or a group of
municipalities.
(b) "Associated
with Industrial Activity" means any industrial activity or industrial facility
identified in 40 C.F.R.
122.26(b)(14).
(c) "Storm Water Point Source" means a
conveyance or system of conveyances (including pipes, conduits, ditches, and
channels or sheet flow which is later conveyed) primarily used for collecting
and conveying storm water runoff excluding conveyances that discharge storm
water runoff combined with municipal sewage.
(d) "Associated with Small Construction
Activity" means any construction activity identified in
40 C.F.R.
122.26(b)(15).
(e) "Small Municipal Storm Sewer System"
means all separate storm sewers identified in
40 C.F.R.
122.26(b)(16).
(3)
Permit Requirements.
(a) Authorization to Discharge. Storm water
point sources, as defined in this Rule, are point sources subject to the NPDES
permit program. The Director may issue an NPDES permit or permits for
discharges into waters of the State from a storm water source covering all
conveyances which are part of that storm water point source. Where there is
more than one owner or operator of a storm water point source, any or all
discharges into that storm water point source may be identified in the
application submitted by the owner or operator of the portion of the storm
water point source that discharges directly into waters of the State. Any such
application shall include all information regarding discharges into the storm
water point source that would be required if the dischargers submitted separate
applications. Dischargers so identified shall not require a separate permit
unless the Director specifies otherwise. Any permit covering more than one
owner or operator shall identify the effluent limitations, if any, which apply
to each owner or operator. Where there is more than one owner or operator, no
discharger into the storm water point source may be subject to a permit
condition for discharges into the storm water source other than its own
discharges into that system without his consent. All dischargers into a storm
water point source must either be covered by an individual permit, an area wide
permit or a general permit issued to the owner or operator of that portion of
the system that directly discharges into waters of the State.
(b) Applicability. The following discharges
composed entirely of storm water are required to obtain an NPDES permit for the
storm water discharge:
1. Associated with
industrial activity;
2. Large
municipal separate storm sewer systems;
3. Medium municipal separate storm sewer
systems; and
4. Any storm water
point source that the Director determines to contribute to a violation of a
water quality standard or is a significant contributor of pollutants to the
waters of the State as provided in
40 C.F.R.
122.26. In making this determination the
Director shall consider the following factors:
(i) The location of the storm water point
source with respect to waters of the State;
(ii) The size of the storm water point
source;
(iii) The quantity and
nature of the pollutants reaching waters of the State; and
(iv) Other relevant
factors.
5. Case-by-case
designation of storm water point sources. The Director may designate a
conveyance or system of conveyances primarily used for collecting and conveying
storm water runoff as a storm water point source. This designation may be made
to the extent allowed or required by effluent limitations guidelines for point
sources in the storm water discharge category or when a Water Quality
Management Plan under Section 208 of the Federal CWA Act which contains
requirements applicable to such point sources is approved.
6. Associated with Small Construction
Activity.
7. Small Municipal
Separate Storm Sewer Systems which are required to be regulated pursuant to
40 C.F.R.
122.32.
8. Any storm water point source for which the
Director determines that storm water controls are needed based on wasteload
allocations that are part of total maximum daily loads that address the
pollutant(s) of concern.
9. Any
municipal separate storm sewer system that the Director determines based on a
petition pursuant to 40
C.F.R. 122.26(f).
10. The Director may allow certain industrial
activities to receive a conditional exclusion for "no exposure" of industrial
activities and materials to storm water based on
40 C.F.R.
122.26(g).
(c) General provisions.
1. General and area wide permits may be
issued, modified, revoked and reissued, or terminated in accordance with
applicable requirements of Rule
391-3-6-.16. Public notice and
public participation for issuance, modification, revocation and reissuance, and
termination of general permits shall be in accordance with paragraph
391-3-6-.16(7).
2. The contents of the notice of intent shall
be specified in the general permit and shall conform to the requirements
specified in 40 C.F.R.
122.28. The notice of intent shall be signed
in accordance with subparagraph
391-3-6-.16(5)(a)
6.
3. General permits shall specify the deadline
for submitting notices of intent to be covered and the date(s) when a discharge
is authorized under the permit.
4.
General permits shall specify whether a discharger that has submitted a timely
notice of intent to be covered in accordance with a general permit and that is
eligible for coverage under the general permit, is authorized to discharge in
accordance with the general permit either upon receipt of the notice of intent
by the Director, after a waiting period specified in the general permit, on a
date specified in the general permit, or upon receipt of notification of
inclusion by the Director. Coverage may be revoked in accordance with
subparagraph
391-3-6-.16(3)(c)(5).
5. Requiring an individual permit for storm
water discharges.
(i) The Director may
require any person authorized by a general permit for storm water discharges to
apply for and obtain an individual NPDES permit. Any interested person may
petition the Director to take action under this paragraph. Cases where an
individual NPDES permit may be required include the following:
(I) The discharge(s) is a significant
contributor of pollution as determined by the Director. In making this
determination, the Director may consider the following factors:
(1) The location of the discharge with
respect to the waters of the State;
(2) The size of the discharge;
(3) The quantity and nature of the pollutants
discharged to waters of the State; and
(4) Other relevant factors.
(II) The discharger is not in
compliance with the conditions of the general permit;
(III) A change has occurred in the
availability of demonstrated technology or practices for the control or
abatement of pollutants applicable to the point source;
(IV) Effluent limitation guidelines are
promulgated for point sources covered by the general permit;
(V) A total maximum daily load containing
additional requirements applicable to such point sources is approved;
or
(VI) Circumstances have changed
since the time of the request to be covered so that the discharger is no longer
appropriately controlled under the general permit, or either a temporary or
permanent reduction or elimination of the authorized discharge is
necessary.
(ii) Any owner
or operator authorized by a general permit may request to be excluded from the
coverage of the general permit by applying for an individual NPDES permit. The
owner or operator shall submit an application under paragraph
391-3-6-.06(5),
with reasons supporting the request, to the Director.
(iii) When an individual NPDES permit is
issued to an owner or operator otherwise subject to a general permit, the
applicability of the general permit to the individual NPDES permittee is
automatically terminated on the effective date of the individual NPDES
permit.
(iv) A source excluded from
a general permit solely because it already has an individual NPDES permit may
request that the individual NPDES permit be revoked, and that it be covered by
the general permit. Upon revocation of the individual NPDES permit, the general
permit shall apply to the source.
(v) Whenever the Director decides an
individual NPDES permit is required, the Director shall notify the discharger
in writing of the decision and the reasons for it, and shall send an
application form with the notice. The discharger must apply for a permit under
paragraph
391-3-6-.06(5) and
40 C.F.R.
122.21 within sixty (60) days of notice
unless a later date is granted by the Director. Public notice and public
participation shall be in accordance with paragraph
391-3-6-.06(7).
(4)
Degree of Waste Treatment Required. 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:
(a) Effluent limitations
established by the EPA pursuant to Sections 301, 302, 303, 306, 307, 308, 318,
and 405 of the Federal Act;
(b)
Criteria and standards for Best Management Practices established by EPA
pursuant to Section 304(e) of the Federal Act;
(c) Notwithstanding the above, more stringent
effluent limitations may be required as deemed necessary by the Division (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; and
(d) Calculations and specifications of
effluent limits and standards shall be made in accordance with the provisions
of Federal Regulations, 40
CFR 122.44(k) and
122.45; provided, however, that in
regard to 40 CFR
122.44(k)(2), the
feasibility of establishing numeric effluent limitations shall be made by the
Director based upon best professional judgment.
(5)
Applications.
(a) Application Requirements.
1. Large and medium municipal separate storm
sewer systems shall submit an application in accordance with the requirements
specified in 40 C.F.R.
122.26(d) and
40 C.F.R.
122.26(g) unless otherwise
modified by the Director.
2. Small
municipal separate storm sewer systems shall submit an application in
accordance with the requirements specified in
40 C.F.R.
122.33 unless otherwise modified by the
Director.
3. Discharges associated
with industrial activity and discharges associated with small construction
activity shall either submit an application for an individual NPDES permit in
accordance with Rule
391-3-6-.06 or apply for coverage
under a general permit in accordance with Rule
391-3-6-.16. Application for an
individual NPDES permit shall be made in accordance with Rule
391-3-6-.06 and
40 C.F.R.
122.26(c) and
40 C.F.R.
122.26(g). A discharger who
fails to submit a notice of intent in accordance with the terms of the general
permit is not authorized to discharge under the terms of the general permit. A
complete and timely notice of intent to be covered in accordance with the
general permit requirements, fulfills the requirements for permit applications
for purposes of 40 C.F.R.
122.6,
122.21 and
122.26.
4. Notice of Intent (NOI). A NOI shall be on
forms as may be prescribed and furnished from time to time by the Division. A
NOI shall be accompanied by all pertinent information as the Division may
require in order to establish, where applicable, effluent limitations in
accordance with paragraph
391-3-6-.06(4),
which may include but is not limited to, complete engineering reports, schedule
of progress, plans, specifications, maps, measurements, quantitative and
qualitative determinations, records, and all related materials.
5. Engineering reports, plans,
specifications, and other similar material submitted to the Division 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 storm water, sewage, or
industrial waste treatment, consistent with the type of wastewater involved. 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. Storm water
pollution prevention plans, erosion and sediment control plans, best management
plans and similar reports shall be prepared in accordance with the applicable
storm water permit.
6. Material
submitted shall be complete and accurate.
7. Any NOI form, NOT form, and permit
application submitted to the Division shall be signed as follows in accordance
with the Federal Regulations,
40 C.F.R.
122.22:
(i)
For a corporation, by a responsible corporate officer. For this subparagraph a
responsible corporate officer means:
(a) 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
(b) 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.
(ii) For a partnership or sole
proprietorship, by a general partner or the proprietor, respectively;
or
(iii) For a municipality, State,
Federal, or other public facility, by either a principal executive officer or
ranking elected official.
8. All other reports, engineering reports,
plans, specifications, similar materials, or requests for information required
by the permit issuing authority shall be signed by a person designated in 6.
above or a duly authorized representative of such person, if:
(i) 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;
(ii) The
authorization is made in writing by the person designated under 6. above;
and
(iii) The written authorization
is submitted to the Director.
9. Any changes in the written authorization
submitted to the permitting authority under 7. 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 7.(i) and 7.(ii) above.
10. Any
person signing any document under 6. or 7. above shall make the following
certification: "I certify under penalty of law that this document and all
attachments were prepared under 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."
(b) Application Deadlines.
1. Application for an individual NPDES permit
for storm water discharges associated with industrial activity shall be
submitted at least 180 days before the day that the facility commences
industrial activity which may result in a discharge of storm water associated
with industrial activity, unless permission for a later date is granted by the
Director.
2. Facilities with storm
water discharges associated with industrial activity that are applying for
coverage under a general permit shall comply with the Notice of Intent
submittal requirements specified in the general permit.
3. Facilities with stormwater discharges
associated with small construction activity that are applying for coverage
under a general permit shall comply with the Notice of Intent requirements
specified in the general permit.
4.
In municipalities with a population of less than 100,000, municipality owned or
operated facilities with storm water discharges associated with industrial
activity shall submit an application in accordance with
40 C.F.R.
122.26(e)(1) except for
airports, power plants, uncontrolled sanitary landfills, and those designated
by the Director, which shall follow the application deadlines designated under
(1.) above.
5. Large municipal
separate storm sewer systems shall submit an application to the Director in
accordance with 40 C.F.R.
122.26(e)(3).
6. Medium municipal separate storm sewer
systems shall submit an application to the Director in accordance with
40 C.F.R.
122.26(e)(4).
7. Facilities identified in subparagraph
391-3-6-.16(3)(b) 4., 5. or
6. shall submit an application to the
Director within 180 days of notice, unless permission is granted for a later
date.
8. Small municipal separate
storm sewer systems shall submit an application to the Director in accordance
with 40 C.F.R.
122.26(e)(9).
9. Small construction shall apply in
accordance with 40 C.F.R.
122.26(e)(8).
(6)
Receipt and Use of Application and
Data shall be in accordance with paragraph
391-3-6-.06(6) of
this Chapter. Notice of Intent and Notice of Termination forms shall not be
required to be transmitted to the Regional Administrator for comments unless
requested to do so by the Regional Administrator.
(7)
Notice and Public
Participation. The notice and public participation procedures of Rule
391-3-6-.26 shall apply to the
tentative determination to issue individual or general permits.
(8)
Prohibitions.
(a) No 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 402(d) of the Federal
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).
(b) 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.
3. Release the permittee of any
responsibility or requirement under other environmental statutes or
regulations.
(9)
Schedules of Compliance. Any
person who obtains a permit who is not in compliance with the applicable
standards shall be required to achieve compliance with the standards in
accordance with a schedule of compliance as set forth in subparagraphs
391-3-6-.06(10)(a), (b), (c), and
(e) of this Chapter. This provision is not
applicable to general permits.
(10)
Monitoring, Recording, and Reporting Requirements.
Except as provided below, monitoring, recording, and reporting requirements shall be in accordance with those outlined in paragraph 391-3-6-.06(11) of this Chapter.
(a) Inspection,
monitoring, recording, and reporting requirements for general permits for storm
water discharges associated with industrial activity, which do not contain
numeric effluent limitations, shall, at the discretion of the Director, be
established for each general permit on a case-by-case basis with a frequency
dependent on the nature and effect of the discharge. At a minimum, the permit
must require:
1. an annual inspection of the
facility site to identify areas contributing to a storm water discharge
associated with industrial activity and evaluate whether measures to reduce
pollutant loadings identified in a storm water pollution prevention plan are
adequate and properly implemented in accordance with the terms of the permit or
whether additional control measures are needed;
2. maintaining for a period of three years a
record summarizing the results of the inspections and a certification that the
facility is in compliance with the storm water pollution prevention plan and
the permit, and identifying any incidents of non-compliance;
3. reports and certifications be signed in
accordance with 40 CFR
122.22; and
4. where annual inspections are impracticable
at inactive mining operations, a certification once every three years by a
Georgia Registered Professional Engineer that the facility is in compliance
with the permit.
(b)
Requirements for area wide permits for storm water discharges from municipal
separate storm water sewer systems shall be established for each permit on a
case-by-case basis.
(c) General
permits that do not require submittal of monitoring reports at least annually
shall report to the Director in writing all instances of noncompliance at least
annually. These annual reports are due the first working day of each January
unless otherwise specified in a permit.
(11)
Control of Disposal of Pollutants
into Wells shall be in accordance with paragraph
391-3-6-.06(14).
(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. This provision is not applicable to general permits.
(b) The Director in accordance with the
provisions of Federal Regulations,
40 CFR
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 CFR
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 CFR
122.63), the Director will give public notice
in accordance with the procedures set forth in subparagraph
391-3-6-.16(7)(b)
and an opportunity for public hearing in accordance with the procedures set
forth in subparagraph
391-3-6-.16(7)(c).
(13)
Duration, Continuation, and
Transferability of Permits.
(a) Any
permit issued under O.C.G.A. Section
12-5-30 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 O.C.G.A. Section
12-5-30 and
40 C.F.R.
122.6,
122.28,
122.46, and
122.61. The issuance of such new
permit shall likewise have a fixed term not to exceed five (5) years.
(b) Any owner or operator authorized by a
general permit may request that coverage under the general permit be terminated
by submitting a written Notice of Termination. The contents of the Notice of
Termination shall be specified in the general permit and shall be signed in
accordance with subparagraph
391-3-6-.16(5)(a)
6.
(c) A general permit may not be transferred
to another party. The new owner or operator must submit a new Notice of Intent
in accordance with paragraph
391-3-6-.16(5).
(d) Any owner or operator authorized by an
individual permit for a storm water discharge may request the permit be
transferred to another party in accordance with subparagraph
391-3-6-.06(15)(b).
(e) When the permittee has submitted a timely
and sufficient application for a new individual NPDES permit or a Notice of
Intent for a general 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.
(f) 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 limits 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.
(g) 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.
(14)
Enforcement. Any person who violates any provision of the Act, any
rule promulgated and adopted pursuant thereto, or any term, condition, schedule
of compliance or other requirement contained in a permit issued pursuant to the
Act shall be subject to enforcement proceedings pursuant to the Act.
(15)
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, Notices of Intent, Notices of
Termination and reports may include the electronic submission of such items and
electronic signature for such items, as applicable and approved by EPD. The use
of the terms "in writing" or "written" in the rule may include such electronic
submissions.
(16)
Effective
Date. This Rule shall become effective twenty days after filing with the
Secretary of State's Office.
Notes
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