(1)
Contents of a complete Notice of Intent. An applicant
proposing to conduct activities covered by a general permit shall file a
complete NOI by submitting to the department materials required in paragraphs
"a" to
"c" of this subrule, as applicable. An
NOI is not required for discharges authorized under General Permit No. 6 or No.
7, for certain discharges under General Permit No. 8, or for certain discharges
under General Permit No. 9.
a.
Notice
of Intent (NOI) Form. Electronic NOI forms provided by the department
must be completed in full on the department's website. Paper NOI forms, when
provided, must be completed in full.
b.
General permit fee. The
applicable general permit fee according to the schedule in
567-64.16 (455B) is payable to
the Iowa Department of Natural Resources.
c.
Public notification. The
public notification requirements only apply to General Permits No. 1, No. 2 and
No. 3.
(1) Applicants for General Permits No.
1, No. 2 and No. 3 must demonstrate that a public notice was published in at
least one newspaper with the largest circulation in the area in which the
facility is located or the activity will occur.
(2) The newspaper notice shall, at the
minimum, contain the following information:
PUBLIC NOTICE OF STORM WATER DISCHARGE
The (applicant name) plans to submit a Notice of Intent to
the Iowa Department of Natural Resources to be covered under NPDES General
Permit (select the appropriate general permit-No. 1 "Storm Water Discharge
Associated with Industrial Activity", General Permit No. 2 "Storm Water
Discharge Associated with Industrial Activity for Construction Activities" or
General Permit No. 3 "Storm Water Discharge Associated with Industrial Activity
for Asphalt Plants, Concrete Batch Plants, Rock Crushing Plants, and
Construction Sand and Gravel Facilities"). The storm water discharge will be
from (description of industrial activity) located in (1/4 section,
township, range, county). Storm water will be discharged from (number) point
source(s) and will be discharged to the following streams: (stream
name(s)).
Comments may be submitted to the Storm Water Discharge
Coordinator, Iowa Department of Natural Resources, 502 East 9th Street, Des
Moines, Iowa 50319-0034. The public may review the Notice of Intent from 8 a.m.
to 4:30 p.m., Monday through Friday, at the above address after it has been
received by the department.
(2)
Authorization to discharge under
a general permit. Upon the submittal of a complete NOI in accordance
with 64.6(1) and 64.3(4)
"b," the applicant is authorized to
discharge after the department has determined that the contents of the NOI
satisfy the requirements of 567-Chapter 64, evaluated the NOI, and determined
that the proposed discharge meets the requirements of the general permit. The
applicant will receive notification from the department of coverage under the
general permit. If any of the items required for filing an NOI specified in
64.6(1) are missing, the department will consider the application incomplete
and will notify the applicant of the incomplete items. If the discharge
described in the NOI does not meet the requirements of the general permit, the
NOI may be denied. The department will notify applicants of denial within 30
days.
Authorization to discharge is automatic only for the general
permits that do not require an NOI under 64.3(4), provided the discharge is a
covered activity and the permittee complies with all applicable permit
requirements.
(3)
General permit suspension or revocation. In addition to the
causes for suspension or revocation which are listed in 64.3(11), the director
may suspend or revoke coverage under a general permit issued to a facility or a
class of facilities for the following reasons and require the applicant to
apply for an individual NPDES permit in accordance with
64.3(4)
"a":
a. The discharge
would not comply with Iowa's water quality standards pursuant to 567-Chapter
61, or
b. The department finds that
the activities associated with an NOI filed with the department do not meet the
conditions of the applicable general permit, or
c. The department finds that any discharge
covered under a general permit is not managed in a manner consistent with the
conditions specified in the applicable general permit.
The department will notify the affected discharger and
establish a deadline, not longer than one year, for submitting an individual
permit application.
(4)
Eligibility for individual NPDES
permit holders. A person holding an individual NPDES permit for an
activity covered by a general permit may apply for coverage under a general
permit by filing an NOI according to procedures described in
64.3(4)
"b" and 567-64.6 (455B). In addition to these
requirements, the permittee must submit a written request, with the NOI, to
close or revoke the individual NPDES permit or to amend the individual NPDES
permit to remove the general permit-covered activity.
a. Upon receipt of a complete NOI and request
for closure, revocation or amendment of an individual NPDES permit, the
applicant shall be authorized to discharge under the general permit in
accordance with 64.6(2). The applicant will receive notification by the
department of coverage under the general permit and of the closure, revocation
or amendment of the individual permit.
b. Authorization to discharge under a general
permit that does not require an NOI will be automatic in accordance with
64.6(2) and shall commence upon completion of individual NPDES permit closure,
revocation, or amendment.
c.
Individual NPDES permit amendments under this subrule shall follow the
applicable public notice procedures in
567-64.5
(455B).
(5)
Filing a Notice of Discontinuation. A notice to discontinue
discharge associated with an activity covered by a general permit shall be made
electronically or in writing to the department in accordance with the
conditions established in each general permit.
The notice of discontinuation shall contain the
following:
a. The name of the facility
to which the permit was issued,
b.
The general permit number and permit authorization number,
c. The date the permitted activity was, or
will be, discontinued, and
d. A
signed certification in accordance with the requirements in the general
permit.
(6)
Transfer of ownership-construction activity part of a larger common
plan of development. For construction activity which is part of a
larger common plan of development, such as a housing or commercial development
project, in the event a permittee transfers ownership of all or any part of
property subject to NPDES General Permit No. 2, both the permittee and
transferee shall be responsible for compliance with the provisions of the
general permit for that portion of the project which has been transferred,
including when the transferred property is less than one acre in area, provided
that:
a. The transferee is notified in writing
of the existence and location of the general permit and pollution prevention
plan, and of the transferee's duty to comply, and proof of such notice is
included with the notice to the department of the transfer.
b. If the transferee agrees, in writing, to
become the sole responsible permittee for the property which has been
transferred, then the transferee shall be solely responsible for compliance
with the provisions of the general permit for the transferred
property.
c. If the transferee
agrees, in writing, to obtain coverage under NPDES General Permit No. 2 for the
property which has been transferred, then the transferee is required to obtain
coverage under NPDES General Permit No. 2 for the transferred property. After
the transferee has agreed, in writing, to obtain coverage under NPDES General
Permit No. 2 for the transferred property, the authorization issued under NPDES
General Permit No. 2 to the transferor for the transferred property shall be
considered by the department as not providing NPDES permit coverage for the
transferred property and the transferor's authorization issued under NPDES
General Permit No. 2 for, and only for, the transferred property shall be
deemed by the department as being discontinued without further action of the
transferor.
d. All notices as
described in this subrule shall contain the name of the development as
submitted to the department in the original Notice of Intent and as modified by
any subsequent written notices of name changes submitted to the department, the
authorization number assigned to the authorization by the department, the legal
description of the transferred property including lot number, if any, and any
other information necessary to precisely locate the transferred property and to
establish the legality of the document.
Notes
Iowa Admin. Code r. 567-64.6
ARC 8520B, IAB 2/10/10,
effective 3/17/10; ARC 9365B, IAB 2/9/11, effective 3/30/11; ARC 1337C, IAB
2/19/2014, effective 3/26/2014
Amended by
IAB
April 13, 2016/Volume XXXVIII, Number 21, effective
5/18/2016
Amended by
IAB
May 9, 2018/Volume XL, Number 23, effective
7/1/2018
Amended by
IAB
February 9, 2022/Volume XLIV, Number 16, effective
3/16/2022
