(a) Notice Required. Prior to discharging
under the terms of a general permit, a person must file with the Department an
initial Notice of Intent (NOI) for coverage on a form provided by the
Department for the specific discharge category. A copy of the initial NOI form
shall be provided by the applicant to the municipal office of the town or city,
or the county commissioners in the case of an unorganized territory, in which
the discharge will occur at the time it is submitted to the Department. A check
for the appropriate fee amount must accompany each NOI in order for the
application for coverage under the general permit to be considered to be
complete.
Public notice. The Department may specify in a general permit
a procedure for providing public notice of the notice of intent or other
coverage filings submitted to the Department. Whether such notice will be
required, the type of notice and the timing of notice will be determined with
consideration to the nature of the discharge, the anticipated level of public
interest in the activity and the substance of the filing required by the
general permit. Means of providing public notice may include but are not
limited to publication in a newspaper, notifying abutters, filing a notice with
the municipal office and/or county commissioners or posting on an internet web
site maintained by the Department.
(b) Effective date of coverage. The
Department must notify an applicant for coverage under a general permit within
a time period specified in the general permit as to whether or not coverage for
the specific discharge is accepted. If the Department does not notify the
applicant within the specified time, the NOI is deemed to be accepted and
coverage is granted. In the event coverage is not granted, the Department shall
notify the applicant of the reasons for not granting coverage. Discharges not
acceptable for general permit coverage may apply for issuance of an individual
discharge permit.
(c) Continuing
Coverage. Coverage under an existing general permit will be continued upon
payment of an applicable fee(s), provided there are no significant or material
changes in the discharge as described in the NOI. If significant or material
changes occur or are proposed, the person having filed the NOI must notify the
Department, as specified in the general permit. Prior to expiration of a
general permit, the Department shall make a determination if it is to be
renewed, and, if so, will commence renewal proceedings. If the general permit
is to be renewed, it shall remain in force until the Department takes final
action on the renewal. Upon reissuance of a new General Permit, persons wishing
to continue coverage must so notify the Department as specified in the new
general permit.
(d) Transfers of
ownership. In the event that the ownership of a discharge is transferred to a
new owner, the new owner may obtain coverage under the general permit as
specified in the general permit. The new owner may be required to either file a
new NOI or to notify the Department in writing to transfer the NOI. If changes
in the discharge are proposed, a new NOI must be filed. The prior owner may be
required to file a notice of termination or cosign an application for
transfer.
(e) Sampling and test
procedures. Where a general permit requires sampling and testing of an effluent
or other waste stream, all samples and measurements shall be representative of
the volume and nature of the activity being monitored. The sampling,
preservation, handling and analytical methods used must conform with Standard
Methods for the Examination of Water and Waste Water, American Public Health
Association, 1015 Fifteenth Street, NW Washington, D.C., 20th edition or
methods referenced in 40 CFR Part
136. However, different but equivalent
methods are allowable if they receive prior written approval from the
Department.
(f) Monitoring
requirements. In addition to monitoring required by the conditions of specific
general permit, the Department may require additional monitoring of an
individual discharge as may be reasonably necessary in order to characterize
the nature, volume or other attributes of that discharge or its
sources.
(g) Removed substances.
Solids, sludges, filter backwash or other pollutants removed or resulting from
the treatment of wastewaters shall be disposed of in a manner approved by the
Department.
(h) Other applicable
conditions. The following conditions also apply to discharges pursuant to any
general permit and are incorporated herein as if fully set forth.
(1) Chapter 523, Section 2 (applicable to all
discharges)
(2) Chapter 523,
Section 3 (applicable to certain categories of discharges)
