Mont. Admin. R. 17.30.1322 - APPLICATION FOR A PERMIT
(1) Any person who
discharges or proposes to discharge pollutants and who does not have an
effective permit, except persons covered by general permits under ARM
17.30.1341, excluded under ARM
17.30.1310, or a user of a
privately owned treatment works unless the department requires otherwise under
ARM 17.30.1344, shall submit a
complete application to the department in accordance with this rule and ARM
17.30.1364 and
17.30.1365,
17.30.1370 through
17.30.1379, and
17.30.1383.
(a) All applicants for MPDES permits shall
submit applications on department permit application forms. More than one
application form may be required from a facility depending on the number and
types of discharges or outfalls found there. Application forms may be obtained
by contacting the Water Protection Bureau at (406) 444-3080; Department of
Environmental Quality, Water Protection Bureau, 1520 East Sixth Avenue, P.O.
Box 200901, Helena, MT 59620-0901; or on the department's web site at
http://deq.mt.gov/default.mcpx.
(b) All applicants, other than publicly owned
treatment works (POTWs), shall submit Form 1.
(c) Applicants for new and existing POTWs
shall submit the information required in (12) using Form 2A.
(d) Applicants for concentrated animal
feeding operations or concentrated aquatic animal production facilities shall
submit Form 2B.
(e) Applicants for
existing industrial facilities, including manufacturing facilities, commercial
facilities, mining activities, and silvicultural activities, shall submit Form
2C.
(f) Applicants for new
industrial facilities that discharge process wastewater shall submit Form
2D.
(g) Applicants for new and
existing industrial facilities that discharge only non-process wastewater shall
submit Form 2E.
(h) Applicants for
new and existing facilities, whose discharge is composed entirely of storm
water associated with industrial activity, shall submit Form 2F, unless
exempted by (11)(b) through (d). If the discharge is composed of storm water
and non-storm water, the applicant shall also submit Forms 2C, 2D, and/or 2E,
as appropriate, in addition to Form 2F.
(i) Applicants for new cooling water intake
structures shall submit the information required in (17) in addition to any
forms required in (e) through (g).
(2) When a facility or activity is owned by
one person but is operated by another person, it is the operator 's duty to
obtain a permit.
(3) Any person
proposing a new discharge shall submit an application at least 180 days before
the date on which the discharge is to commence, unless permission for a later
date has been granted by the department. Persons proposing a new discharge are
encouraged to submit their applications well in advance of the 180-day
requirement to avoid delay. See also (13) through (15) requiring time frames
where a variance may be available.
(4) Any permittee with a currently effective
permit shall submit a new application at least 180 days before the expiration
date of the existing permit, unless permission for a later date has been
granted by the department. The department may not grant permission for
applications to be submitted later than the expiration date of the existing
permit.
(5) The department may not
issue a permit before receiving a complete application for a permit except for
MPDES general permits. An application for a permit is complete when the
department receives an application form and any supplemental information which
are completed to the department's satisfaction. The completeness of any
application for a permit must be judged independently of the status of any
other permit application or permit for the same facility or activity.
(6) All applicants for MPDES permits, other
than POTWs, shall provide the following information to the department , using
the department 's application Form 1. Additional information required of
applicants is set forth in (7) through (17):
(a) the activities conducted by the applicant
which require it to obtain an MPDES permit ;
(b) name, mailing address, and location of
the facility for which the application is submitted;
(c) up to four standard industrial category
(SIC) codes which best reflect the principal products or services provided by
the facility;
(d) the operator 's
name, address, telephone number, ownership status, and status as federal,
state, private, public, or other entity;
(e) whether the facility is located on Indian
lands;
(f) a listing of all
permits or construction approvals received or applied for under any of the
following programs:
(i) hazardous waste
management program under the Resource Conservation and Recovery Act of 1976 (
42 USC
6901, et seq.) (RCRA);
(ii) underground injection control (UIC)
program under the federal Safe Drinking Water Act (SDWA);
(iii) MPDES program under the federal Clean
Water Act ;
(iv) prevention of
significant deterioration (PSD) program under the Montana Clean Air
Act ;
(v) nonattainment program
under the Montana Clean Air Act ;
(vi) national emission standards for
hazardous pollutants (NESHAPS) preconstruction approval under the Montana Clean
Air Act ;
(vii) ocean dumping
permits under the Marine Protection Research and Sanctuaries Act ;
(viii) dredge or fill permits under section
404 of the federal Clean Water Act ; and
(ix) other relevant state or federal
environmental permits;
(g) a topographic map, or other map if a
topographic map is unavailable, extending one mile beyond the property
boundaries of the source , depicting:
(i) the
facility and each of its intake and discharge structures;
(ii) each of its hazardous waste treatment,
storage, or disposal facilities;
(iii) each well where fluids from the
facility are injected underground; and
(iv) those wells, springs, other surface
water bodies, and drinking water wells listed in public records or otherwise
known to the applicant in the map area; and
(h) a brief description of the nature of the
business.
(7) Existing
manufacturing, commercial, mining, and silvicultural dischargers applying for
MPDES permits, except for those facilities subject to the requirements of (8),
shall provide the following information to the department , using application
forms provided by the department:
(a) the
latitude and longitude of the outfall to the nearest 15 seconds and the name of
the receiving water;
(b) a line
drawing of the water flow through the facility with a water balance, showing
operations contributing wastewater to the effluent and treatment units. Similar
processes, operations, or production areas may be indicated as a single unit,
labeled to correspond to the more detailed identification under (c). The water
balance must show approximate average flows at intake and discharge points and
between units, including treatment units. If a water balance cannot be
determined (for example, for certain mining activities), the applicant may
provide instead a pictorial description of the nature and amount of any sources
of water and any collection and treatment measures;
(c) a narrative identification of each type
of process, operation , or production area that contributes wastewater to the
effluent for each outfall, including process wastewater, cooling water, and
storm water runoff; the average flow that each process contributes; and a
description of the treatment the wastewater receives, including the ultimate
disposal of any solid or fluid wastes other than by discharge. Processes,
operations, or production areas may be described in general terms (for example,
"dye-making reactor," "distillation tower"). For a privately owned treatment
works, this information must include the identity of each user of the treatment
works. The average flow of point sources composed of storm water may be
estimated. The basis for the rainfall event and the method of estimation must
be indicated;
(d) if any of the
discharges described in (c) are intermittent or seasonal, a description of the
frequency, duration, and flow rate of each discharge occurrence (except for
storm water runoff, spillage, or leaks);
(e) if an effluent guideline adopted under
ARM 17.30.1207 applies to the
applicant and is expressed in terms of production (or other measure of
operation ), a reasonable measure of the applicant's actual production reported
in the units used in the applicable effluent guideline. The reported measure
must reflect the actual production of the facility as required by ARM
17.30.1345;
(f) if the applicant is subject to any
present requirements or compliance schedules for construction, upgrading, or
operation of waste treatment equipment, an identification of the abatement
requirement, a description of the abatement project, and a listing of the
required and projected final compliance dates;
(g) information on the effluent
characteristics of pollutants specified in this subsection, except information
on storm water discharges that is specified in (11)(b), must be provided
according to the following:
(i) when
"quantitative data" for a pollutant are required, the applicant shall collect a
sample of effluent and analyze it for the pollutant in accordance with
analytical methods approved under 40 CFR Part 136, unless use of another method
is required for the pollutant under 40 CFR subchapter N. When no analytical
method is approved under Part 136 or required under subchapter N, the applicant
may use any suitable method, but shall provide a description of the method.
When an applicant has two or more outfalls with substantially identical
effluents, the department may allow the applicant to test only one outfall and
report that the quantitative data also apply to the substantially identical
outfalls. The requirements in (vi), (vii), and (viii), that state that an
applicant shall provide quantitative data for certain pollutants known or
believed to be present, do not apply to pollutants present in a discharge
solely as the result of their presence in intake water; however, an applicant
shall report such pollutants as present. Grab samples must be used for pH,
temperature, cyanide, total phenols, residual chlorine, oil and grease, and
fecal coliform, including Escherichia coli (E-coli). For all other pollutants,
a 24-hour composite sample, using a minimum of four grab samples, must be used,
unless specified otherwise at 40 CFR Part 136. However, a minimum of one grab
sample may be taken for effluents from holding ponds or other impoundments with
a retention period greater than 24 hours. In addition, for discharges other
than storm water discharges, the department may waive composite sampling for
any outfall for which the applicant demonstrates that the use of an automatic
sampler is infeasible and that the minimum of four grab samples will be a
representative sample of the effluent being discharged. Results of analyses of
individual grab samples for any parameter may be averaged to obtain the daily
average. Grab samples that are not required to be analyzed immediately (see
Table II at 40 CFR
136.3(e) ) may be composited
in the laboratory, provided that container, preservation, and holding time
requirements are met (see Table II at
40 CFR
136.3(e) ) and that sample
integrity is not compromised by compositing;
(ii) for storm water discharges, all samples
must be collected from the discharge resulting from a storm event that is
greater than 0.1 inch and at least 72 hours from the previously measurable
(greater than 0.1 inch rainfall) storm event. Where feasible, the variance in
the duration of the event and the total rainfall of the event should not exceed
50 percent from the average or median rainfall event in that area. For all
applicants, a flow-weighted composite must be taken for either the entire
discharge or for the first three hours of the discharge . The flow-weighted
composite sample for a storm water discharge may be taken with a continuous
sampler or as a combination of a minimum of three sample aliquots taken in each
hour of discharge for the entire discharge or for the first three hours of the
discharge , with each aliquot being separated by a minimum period of 15 minutes.
However, a minimum of one grab sample may be taken for storm water discharges
from holding ponds or other impoundments with a retention period greater than
24 hours. For a flow-weighted composite sample, only one analysis of the
composite of aliquots is required. For storm water discharge samples taken from
discharges associated with industrial activities, quantitative data must be
reported for the grab sample taken during the first 30 minutes, or as soon
thereafter as practicable, of the discharge for all pollutants specified in
(11)(e). For all storm water permit applicants taking flow-weighted composites,
quantitative data must be reported for all pollutants specified in (11)(e)
except pH, temperature, cyanide, total phenols, residual chlorine, oil and
grease, fecal coliform, and fecal streptococcus. The department may allow or
establish appropriate site-specific sampling procedures or requirements,
including sampling locations, the season in which the sampling takes place, the
minimum duration between the previous measurable storm event and the storm
event sampled, the minimum or maximum level of precipitation required for an
appropriate storm event, the form of precipitation sampled (snow melt or rain
fall), protocols for collecting samples under 40 CFR Part 136, and additional
time for submitting data on a case-by-case basis. An applicant is expected to
"know or have reason to believe'' that a pollutant is present in an effluent
based on an evaluation of the expected use, production, or storage of the
pollutant , or on any previous analyses for the pollutant . For example, any
pesticide manufactured by a facility may be expected to be present in
contaminated storm water runoff from the facility;
(iii) every applicant shall report
quantitative data for every outfall for the following pollutants:
(A) biochemical oxygen demand;
(B) chemical oxygen demand;
(C) total organic carbon;
(D) total suspended solids;
(E) ammonia (as N);
(F) temperature (both winter and summer);
and
(G) pH;
(iv) the department may waive the reporting
requirements for individual point sources or for a particular industry category
for one or more of the pollutants listed in the above subsection if the
applicant has demonstrated that such a waiver is appropriate because
information adequate to support issuance of a permit can be obtained with less
stringent requirements;
(v) each
applicant with processes in one or more primary industry category (see Appendix
A of 40 CFR Part 122) contributing to a discharge shall report quantitative
data for the following pollutants in each outfall containing process
wastewater:
(A) the organic toxic pollutants
in the fractions designated in Table I of Appendix D of 40 CFR Part 122 for the
applicant's industrial category or categories unless the applicant qualifies as
a small business under (7)(h). Table II of Appendix D of 40 CFR Part 122 lists
the organic toxic pollutants in each fraction. The fractions result from the
sample preparation required by the analytical procedure which uses gas
chromatography/mass spectrometry. A determination that an applicant falls
within a particular industrial category for the purposes of selecting fractions
for testing is not conclusive as to the applicant's inclusion in that category
for any other purposes; and
(B) the
pollutants listed in Table III of Appendix D of 40 CFR Part 122 (the toxic
metals, cyanide, and total phenols);
(vi) each applicant shall indicate whether it
knows or has reason to believe that any of the pollutants in Table IV of
Appendix D of 40 CFR Part 122 (certain conventional and nonconventional
pollutants) is discharged from each outfall. If an applicable effluent
limitations guideline either directly limits the pollutant or, by its express
terms, indirectly limits the pollutant through limitations on an indicator, the
applicant shall report quantitative data. For every pollutant discharged which
is not so limited in an effluent limitations guideline, the applicant shall
either report quantitative data or briefly describe the reasons the pollutant
is expected to be discharged;
(vii)
each applicant shall indicate whether it knows or has reason to believe that
any of the pollutants listed in Table II or Table III of Appendix D of 40 CFR
Part 122 (the toxic pollutants and total phenols) for which quantitative data
are not otherwise required under (7)(g)(v), is discharged from each outfall.
For every pollutant expected to be discharged in concentrations of ten ppb or
greater, the applicant shall report quantitative data. For acrolein,
acrylonitrile, 2,4-dinitrophenol, and 2-methyl 4,6-dinitrophenol, where any of
these four pollutants are expected to be discharged in concentrations of 100
ppb or greater, the applicant shall report quantitative data. For every
pollutant expected to be discharged in concentrations less than ten ppb, or in
the case of acrolein, acrylonitrile, 2,4-dinitrophenol, and 2-methyl
4,6-dinitrophenol, in concentrations less than 100 ppb, the applicant shall
either submit quantitative data or briefly describe the reasons the pollutant
is expected to be discharged. An applicant qualifying as a small business under
(7)(h) is not required to analyze for pollutants listed in Table II of Appendix
D of 40 CFR Part 122 (the organic toxic pollutants);
(viii) each applicant shall indicate whether
it knows or has reason to believe that any of the pollutants in Table V of
Appendix D of 40 CFR Part 122 (certain hazardous substances and asbestos) are
discharged from each outfall. For every pollutant expected to be discharged,
the applicant shall briefly describe the reasons the pollutant is expected to
be discharged, and report any quantitative data it has for any
pollutant ;
(ix) each applicant
shall report qualitative data, generated using a screening procedure not
calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin
(TCDD) if it:
(A) uses or manufactures
2,4,5-trichlorophenoxy acetic acid (2,4,5-T); 2-(2,4,5-trichlorophenoxy)
propanoic acid (Silvex, 2,4,5-TP); 2-(2,4,5-trichlorophenoxy) ethyl
2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorophenyl)
phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene
(HCP); or
(B) knows or has reason
to believe that TCDD is or may be present in an effluent;
(h) an applicant which qualifies
as a small business under one of the following criteria is exempt from the
requirements in (7)(g)(v)(A) or (vi) to submit quantitative data for the
pollutants listed in Table II of Appendix D of 40 CFR Part 122 (the organic
toxic pollutants):
(i) for coal mines, a
probable total annual production of less than 100,000 tons per year;
(ii) for all other applicants, gross total
annual sales averaging less than $100,000 per year (in second quarter 1980
dollars);
(i) a listing
of any toxic pollutant which the applicant currently uses or manufactures as an
intermediate or final product or byproduct. The department may waive or modify
this requirement for any applicant if the applicant demonstrates that it would
be unduly burdensome to identify each toxic pollutant and the department has
adequate information to issue the permit;
(j) an identification of any biological
toxicity tests which the applicant knows or has reason to believe have been
made within the last three years on any of the applicant's discharges or on a
receiving water in relation to a discharge ;
(k) if a contract laboratory or consulting
firm performed any of the analyses required by (7)(g), the identity of each
laboratory or firm and the analyses performed;
(l) in addition to the information reported
on the application form, applicants shall provide to the department, at its
request, such other information as the department may reasonably require to
assess the discharges of the facility and to determine whether to issue an
MPDES permit. The additional information may include additional quantitative
data and bioassays to assess the relative toxicity of discharges to aquatic
life and requirements to determine the cause of the toxicity.
(8) Except for storm water
discharges, all manufacturing, commercial, mining, and silvicultural
dischargers applying for MPDES permits that discharge only non-process
wastewater not regulated by an effluent limitations guideline or new source
performance standard shall provide the following information to the department,
using application forms provided by the department:
(a) outfall number, latitude, and longitude
to the nearest 15 seconds, and the name of the receiving water;
(b) date of expected commencement of
discharge (for new dischargers);
(c) an identification of the general type of
waste discharged, or expected to be discharged upon commencement of operations,
including sanitary wastes, restaurant or cafeteria wastes, or noncontact
cooling water; an identification of cooling water additives (if any) that are
used or expected to be used upon commencement of operations, along with their
composition if existing composition is available;
(d) quantitative data for the pollutants or
parameters listed below, unless testing is waived by the department . The
quantitative data may be data collected over the past 365 days, if they remain
representative of current operations, and must include maximum daily value,
average daily value, and number of measurements taken. The applicant shall
collect and analyze samples in accordance with 40 CFR Part 136. Grab samples
must be used for pH, temperature, oil and grease, total residual chlorine, and
fecal coliform, including E-coli. For all other pollutants, a 24-hour composite
sample, using a minimum of four grab samples, must be used, unless specified
otherwise at 40 CFR Part 136. For a composite sample, only one analysis of the
composite aliquots is required. New dischargers shall include estimates for the
pollutants or parameters listed below, instead of actual sampling data, along
with the source of each estimate. All levels must be reported or estimated as
concentration and as total mass, except for flow, pH, and temperature.
(i) The requirements of (d) apply to:
(A) biochemical oxygen demand
(BOD5);
(B)
total suspended solids (TSS);
(C)
fecal coliform (if believed present or if sanitary waste is or will be
discharged);
(D) total residual
chlorine (if chlorine is used);
(E)
oil and grease;
(F) chemical oxygen
demand (COD) (if noncontact cooling water is or will be discharged);
(G) total organic carbon (TOC) (if noncontact
cooling water is or will be discharged);
(H) ammonia (as N);
(I) discharge flow;
(J) pH;
(K) temperature (winter and summer);
and
(L) any pollutant not listed
above, if the pollutant is present in the effluent and regulated by a
state-adopted water quality standard;
(ii) The department may waive the testing and
reporting requirements for any of the pollutants or flow listed in (i) if the
applicant submits a request for such a waiver before or with the application
that demonstrates that information adequate to support issuance of a permit can
be obtained through less stringent requirements.
(iii) If the applicant is a new discharger ,
the applicant shall complete forms provided by the department by providing
quantitative data in accordance with (d) no later than two years after
commencement of discharge . However, the applicant need not complete those
portions of the forms requiring tests that the applicant has already performed
and reported under the discharge monitoring requirements of the MPDES
permit.
(iv) The requirements of
(d) and (d)(iii), that an applicant shall provide quantitative data or
estimates of certain pollutants, do not apply to pollutants present in a
discharge solely as a result of their presence in intake water. However, an
applicant shall report such pollutants as present. Net credit may be provided
for the presence of pollutants in intake water if the requirements of ARM
17.30.1345(9) are
met;
(e) a description
of the frequency of flow and duration of any seasonal or intermittent discharge
(except for storm water runoff, leaks, or spills);
(f) a brief description of any treatment
system used or to be used;
(g) any
additional information the applicant wishes to be considered, such as influent
data for the purpose of obtaining "net" credits pursuant to ARM
17.30.1345(9);
and
(h) the signature of the
certifying official under ARM
17.30.1323.
(9) New and existing concentrated animal
feeding operations (CAFOs), defined in ARM
17.30.1304, and concentrated
aquatic animal production facilities, defined in ARM
17.30.1331(1),
shall provide the following information to the department , using application
Form2B:
(a) for CAFOs:
(i) the name of the owner or
operator ;
(ii) the facility
location and mailing addresses;
(iii) latitude and longitude of the
production area (entrance to production area);
(iv) a topographic map of the geographic area
in which the CAFO is located showing the specific location of the production
area, in lieu of the requirements of (6)(g);
(v) specific information about the number and
type of animals, whether in open confinement or housed under roof (beef cattle,
broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55
pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses,
ducks, turkeys, other);
(vi) the
type of containment and storage (anaerobic lagoon, roofed storage shed, storage
ponds, underfloor pits, above ground storage tanks, below ground storage tanks,
concrete pad, impervious soil pad, other) and total capacity for manure,
litter, and process wastewater storage (tons/gallons);
(vii) the total number of acres under control
of the applicant available for land application of manure, litter, or process
wastewater;
(viii) estimated
amounts of manure, litter, and process wastewater generated per year
(tons/gallons);
(ix) estimated
amounts of manure, litter, and process wastewater transferred to other persons
per year (tons/gallons); and
(x) a
nutrient management plan that at a minimum satisfies the requirements specified
in ARM 17.30.1343(1)(c),
including, for all CAFOs subject to 40 CFR Part 412, subpart C or subpart D,
the requirements of 40 CFR
412.4(c), as applicable;
and
(b) for concentrated
aquatic animal production facilities:
(i) the
maximum daily and average monthly flow from each outfall;
(ii) the number of ponds, raceways, and
similar structures;
(iii) the name
of the receiving water and the source of intake water;
(iv) for each species of aquatic animals, the
total yearly and maximum harvestable weight; and
(v) the calendar month of maximum feeding and
the total mass of food fed during that month.
(10) New manufacturing, commercial, mining,
and silvicultural dischargers applying for MPDES permits (except for new
discharges of facilities subject to the requirements of (8) or new discharges
of storm water associated with industrial activity that are subject to the
requirements of (11)) shall provide the following information to the
department , using application forms provided by the department:
(a) the latitude and longitude to the nearest
15 seconds, and the name of the receiving water;
(b) the expected date of commencement of
discharge ;
(c) a description of the
treatment that the wastewater will receive, along with all operations
contributing wastewater to the effluent, average flow contributed by each
operation , and the ultimate disposal of any solid or liquid wastes not
discharged;
(i) a line drawing of the water
flow through the facility with a water balance as described in
(7)(b);
(ii) if any of the expected
discharges will be intermittent or seasonal, a description of the frequency,
duration, and maximum daily flow rate of each discharge occurrence (except for
storm water runoff, spillage, or leaks);
(d) if a new source performance standard
promulgated under section 306 of the federal Clean Water Act or an effluent
limitation guideline applies to the applicant and is expressed in terms of
production (or other measure of operation), a reasonable measure of the
applicant's expected actual production reported in the units used in the
applicable effluent guideline or new source performance standard as required by
ARM 17.30.1345(2)(b)
for each of the first three years. Alternative estimates may also be submitted
if production is likely to vary;
(e) the requirements in (8)(d), that an
applicant shall provide estimates of certain pollutants expected to be present,
do not apply to pollutants present in a discharge solely as a result of their
presence in intake water; however, an applicant shall report such pollutants as
present. Net credits may be provided for the presence of pollutants in intake
water if the requirements of ARM
17.30.1345(9) are
met. All levels (except for discharge flow, temperature, and pH) must be
estimated as concentration and as total mass.
(i) Each applicant shall report estimated
daily maximum, daily average, and source of information for each outfall for
the pollutants or parameters in (ii). The department may waive the reporting
requirements for any of these pollutants and parameters if the applicant
submits a request for such a waiver before or with his application that
demonstrates that information adequate to support issuance of the permit can be
obtained through less stringent reporting requirements.
(ii) The requirements of (e)(i) apply to:
(A) biochemical oxygen demand
(BOD);
(B) chemical oxygen demand
(COD);
(C) total organic carbon
(TOC);
(D) total suspended solids
(TSS);
(E) flow;
(F) ammonia (as N);
(G) temperature (winter and
summer);
(H) pH; and
(I) any pollutant not listed above, if the
pollutant is present in the effluent and regulated by a state-adopted water
quality standard.
(iii)
Each applicant shall report estimated daily maximum, daily average, and source
of information for each outfall for the following pollutants, if the applicant
knows or has reason to believe they will be present or if they are limited by
an effluent limitation guideline or new source performance standard either
directly or indirectly through limitations on an indicator pollutant: all
pollutants in Table IV of Appendix D of 40 CFR Part 122 (certain conventional
and nonconventional pollutants).
(iv) Each applicant shall report estimated
daily maximum, daily average, and source of information for the following
pollutants if he knows or has reason to believe that they will be present in
the discharges from any outfall:
(A) the
pollutants listed in Table III of Appendix D of 40 CFR Part 122 (the toxic
metals, in the discharge from any outfall: total cyanide and total phenols);
and
(B) the organic toxic
pollutants in Table II of Appendix D of 40 CFR Part 122 (except bis
(chloromethyl) ether, dichlorofluoromethane, and trichlorofluoromethane). This
requirement is waived for applicants with expected gross sales of less than
$100,000 per year for the next three years, and for coal mines with expected
average production of less than 100,000 tons of coal per year.
(v) The applicant is required to
report that 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) may be discharged if he
uses or manufactures one of the following compounds, or if he knows or has
reason to believe that TCDD will or may be present in an effluent:
(A) 2,4,5-trichlorophenoxy acetic acid
(2,4,5-T) (CAS # 93-76-5 );
(B)
2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS # 93-72-1
);
(C) 2-(2,4,5-trichlorophenoxy)
ethyl 2,2-dichloropropionate (Erbon) (CAS # 136-25-4 );
(D) O,O-dimethyl O-(2,4,5-trichlorophenyl)
phosphorothioate (Ronnel) (CAS # 299-84-3 );
(E) 2,4,5-trichlorophenol (TCP) (CAS #
95-95-4 ); or
(F) hexachlorophene
(HCP) (CAS # 70-30-4 ).
(vi) Each applicant shall report any
pollutants listed in Table V of Appendix D of 40 CFR Part 122 (certain
hazardous substances) if the applicant believes they will be present in any
outfall (no quantitative estimates are required unless they are already
available).
(vii) No later than two
years after the commencement of discharge from the proposed facility, the
applicant is required to complete and submit forms prescribed by the
department. However, the applicant need not complete those portions of the
forms requiring tests which he has already performed and reported under the
discharge monitoring requirements of his MPDES permit;
(f) each applicant shall report the existence
of any technical evaluation concerning his wastewater treatment, along with the
name and location of similar plants of which he has knowledge;
(g) any optional information the permittee
wishes to have considered; and
(h)
the signature of the certifying official under ARM 17.30.1323.
(11) Dischargers of storm water
associated with industrial activity or with small construction activity that
are required to obtain an individual permit or any other discharge of storm
water that the department is evaluating for designation under ARM
17.30.1105(1)(f)
and is not a municipal storm sewer, shall submit an MPDES permit application in
accordance with the requirements of (6)(a) through (h), as modified and
supplemented by the provisions of this section.
(a) Except as provided in (b) through (d),
the operator of a storm water discharge associated with industrial activity
that is required to obtain an individual permit shall provide:
(i) a site map showing topography (or
indicating the outline of drainage areas served by the outfall(s) covered in
the application if a topographic map is unavailable) of the facility including:
(A) each of its drainage and discharge
structures;
(B) the drainage area
of each storm water outfall;
(C)
paved areas and buildings within the drainage area of each storm water
outfall;
(D) each past or present
area used for outdoor storage or disposal of significant materials;
(E) each existing structural control measure
to reduce pollutants in storm water runoff;
(F) materials loading and access
areas;
(G) areas where pesticides,
herbicides, soil conditioners, and fertilizers are applied;
(H) each of its hazardous waste treatment,
storage, or disposal facilities (including each area not required to have a
RCRA permit that is used for accumulating hazardous waste under
40 CFR
262.34 );
(I) each well where fluids from the facility
are injected underground; and
(J)
springs and other surface water bodies that receive storm water discharges from
the facility;
(ii) an
estimate of the area of impervious surfaces (including paved areas and building
roofs), the total area drained by each outfall (within a mile radius of the
facility), and a narrative description of the following:
(A) significant materials that in the three
years prior to the submittal of this application have been treated, stored, or
disposed in a manner to allow exposure to storm water;
(B) method of treatment, storage, or disposal
of such materials;
(C) materials
management practices employed, in the three years prior to the submittal of
this application , to minimize contact by these materials with storm water
runoff;
(D) materials loading and
access areas;
(E) the location,
manner, and frequency in which pesticides, herbicides, soil conditioners, and
fertilizers are applied;
(F) the
location and a description of existing structural and non-structural control
measures to reduce pollutants in storm water runoff; and
(G) a description of the treatment the storm
water receives, including the ultimate disposal of any solid or fluid wastes
other than by discharge ;
(iii) a certification that all outfalls that
should contain storm water discharges associated with industrial activity have
been tested or evaluated for the presence of non-storm water discharges that
are not covered by an MPDES permit . Tests for such non-storm water discharges
may include smoke tests, fluorometric dye tests, analysis of accurate
schematics, as well as other appropriate tests. The certification must include
a description of the method used, the date of any testing, and the on-site
drainage points that were directly observed during a test;
(iv) existing information regarding
significant leaks or spills of toxic or hazardous pollutants at the facility
that have taken place within the three years prior to the submittal of this
application ;
(v) quantitative data
based on samples collected during storm events and collected in accordance with
(7)(g)(ii) from all outfalls containing a storm water discharge associated with
industrial activity for the following parameters:
(A) any pollutant limited in an effluent
guideline to which the facility is subject;
(B) any pollutant listed in the facility's
MPDES permit for its process wastewater, if the facility is operating under an
existing MPDES permit ;
(C) oil and
grease, pH, biochemical oxygen demand, chemical oxygen demand, total suspended
solids, total phosphorus, total Kjeldahl nitrogen, and nitrate plus nitrite
nitrogen;
(D) any information on
the discharge required under (7)(g)(vi) through (viii);
(E) flow measurements or estimates of the
flow rate, the total amount of discharge for the storm event(s) sampled, and
the method of flow measurement or estimation; and
(F) the date and duration (in hours) of the
storm event(s) sampled, rainfall measurements or estimates of the storm event
(in inches) that generated the sampled runoff, and the duration between the
storm event sampled and the end of the previous measurable (greater than 0.1
inch rainfall) storm event (in hours);
(vi) operators of a discharge that is
composed entirely of storm water are exempt from the requirements of (7)(b),
(c), (d), and (e), and (g)(iii), (iv), (v), and (ix);
(vii) operators of new sources or new
discharges, as defined in ARM 17.30.1304, that are composed in part or entirely
of storm water shall include estimates for the pollutants or parameters listed
in (v) instead of actual sampling data, along with the source of each estimate.
Operators of new sources or new discharges composed in part or entirely of
storm water shall provide quantitative data for the parameters listed in (v)
within two years after commencement of discharge , unless such data has already
been reported under the monitoring requirements of the MPDES permit for the
discharge . Operators of a new source or new discharge that is composed entirely
of storm water are exempt from the requirements of (10)(c)(i) and (ii) and
(e).
(b) An operator of
an existing or new storm water discharge associated with industrial activity
solely under the definition in
40 CFR
122.26(b)(14)(x) or
associated with small construction activity solely under the definition in ARM
17.30.1304, is exempt from the requirements of (7) and (11)(a). Such operator
shall provide a narrative description of:
(i)
the location, including a map, and the nature of the construction
activity;
(ii) the total area of
the site and the area of the site that is expected to undergo excavation during
the life of the permit ;
(iii)
proposed measures, including best management practices , to control pollutants
in storm water discharges during construction, including a brief description of
applicable state and local erosion and sediment control requirements;
(iv) proposed measures to control pollutants
in storm water discharges that will occur after construction operations have
been completed, including a brief description of applicable state or local
erosion and sediment control requirements;
(v) an estimate of the runoff coefficient of
the site and the increase in impervious area after the construction addressed
in the permit application is completed, the nature of fill material and
existing data describing the soil or the quality of the discharge;
and
(vi) the name of the receiving
water.
(c) The operator
of an existing or new discharge composed entirely of storm water from an oil or
gas exploration, production, processing, or treatment operation , or
transmission facility is not required to submit a permit application in
accordance with (a), unless the facility:
(i)
has had a discharge of storm water resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to
40 CFR
117.21 or 40 CFR 302.6 at any time since
November 16, 1987;
(ii) has had a
discharge of storm water resulting in the discharge of a reportable quantity
for which notification is or was required pursuant to
40 CFR
110.6 at any time since November 16, 1987;
or
(iii) contributes to a violation
of a water quality standard.
(d) The operator of an existing or new
discharge composed entirely of storm water from a mining operation is not
required to submit a permit application unless the discharge has come into
contact with any overburden, raw material, intermediate product, finished
product, byproduct, or waste product located on the site of such
operations.
(e) Applicants shall
provide such other information the department may reasonably require under
(7)(l) to determine whether to issue a permit and may require any facility
subject to (11)(b) to comply with (11)(a).
(12) Unless otherwise indicated, all new and
existing publicly owned treatment works (POTWs) and other dischargers
designated by the department , shall provide, at a minimum, the information in
(a) through (h) to the department , using Form 2A. Permit applicants shall
submit all information available at the time of permit application . The
information may be provided by referencing information previously submitted to
the department. The department may waive any requirement of (a) through (h), if
the department has access to substantially identical information. The
department may also waive any requirement of (a) through (h) that is not of
material concern for a specific permit, if approved by EPA. The waiver request
to the EPA must include the department's justification for the waiver. The
EPA's disapproval of the proposed waiver does not constitute final agency
action, but does provide notice to the department and permit applicant that EPA
may object to any MPDES permit issued in the absence of the required
information.
(a) All applicants shall provide
the following basic information:
(i) name,
mailing address, and location of the facility for which the application is
submitted;
(ii) name, mailing
address, and telephone number of the applicant and indication as to whether the
applicant is the facility's owner, operator , or both;
(iii) identification of all environmental
permits or construction approvals received or applied for, including dates,
under any of the following programs:
(A)
hazardous waste management program under the Resource Conservation and Recovery
Act (RCRA), Subpart C;
(B)
underground injection control program under the Safe Drinking Water Act
(SDWA);
(C) MPDES program under the
Clean Water Act (CWA);
(D) dredge
or fill permits under section 404 of the CWA; and
(E) other relevant environmental permits,
including state permits;
(iv) the name and population of each
municipal entity served by the facility, including unincorporated connector
districts. The applicant shall indicate whether each municipal entity owns or
maintains the collection system and whether the collection system is separate
sanitary or combined storm and sanitary, if known;
(v) information concerning whether the
facility is located in Indian country and whether the facility discharges to a
receiving stream that flows through Indian country;
(vi) the facility's design flow rate (the
wastewater flow rate the plant was built to handle), annual average daily flow
rate, and maximum daily flow rate for each of the previous three
years;
(vii) identification of
type(s) of collection system(s) used by the treatment works (i.e., separate
sanitary sewers or combined storm and sanitary sewers) and an estimate of the
percent of sewer line that each type comprises;
(viii) the following information for outfalls
that discharge to state surface water and other discharge or disposal methods:
(A) for effluent discharges to state surface
waters, the total number and types of outfalls (e.g., treated effluent,
combined sewer overflows, bypasses, constructed emergency overflows);
(B) for wastewater discharged to surface
impoundments:
(I) the location of each surface
impoundment ;
(II) the average daily
volume discharged to each surface impoundment ; and
(III) whether the discharge is continuous or
intermittent;
(C) for
wastewater applied to the land:
(I) the
location of each land application site;
(II) the size of each land application site,
in acres;
(III) the average daily
volume applied to each land application site, in gallons per day; and
(IV) whether land application is continuous
or intermittent;
(D) for
effluent sent to another facility for treatment prior to discharge :
(I) the means by which the effluent is
transported;
(II) the name, mailing
address, contact person , and phone number of the organization transporting the
discharge , if the transport is provided by a party other than the
applicant;
(III) the name, mailing
address, contact person , phone number, and MPDES permit number (if any) of the
receiving facility; and
(IV) the
average daily flow rate from this facility into the receiving facility, in
millions of gallons per day; and
(E) for wastewater disposed of in a manner
not included in (a)(viii)(A) through (D) (e.g., underground percolation,
underground injection):
(I) a description of
the disposal method, including the location and size of each disposal site , if
applicable;
(II) the annual average
daily volume disposed of by this method, in gallons per day; and
(III) whether disposal through this method is
continuous or intermittent.
(b) All applicants with a design flow greater
than or equal to 0.1 million gallons per day shall provide the following
additional information:
(i) the current
average daily volume of inflow and infiltration, in gallons per day, and steps
the facility is taking to minimize inflow and infiltration;
(ii) a topographic map (or other map if a
topographic map is unavailable) extending at least one mile beyond property
boundaries of the treatment plant, including all unit processes, and showing:
(A) the treatment plant area and unit
processes;
(B) the major pipes or
other structures through which wastewater enters the treatment plant and the
pipes or other structures through which treated wastewater is discharged from
the treatment plant. Outfalls from bypass piping must be included, if
applicable;
(C) each well where
fluids from the treatment plant are injected underground;
(D) wells, springs, and other surface water
bodies listed in public records or otherwise known to the applicant within 1/4
mile of the treatment works' property boundaries;
(E) sewage sludge management facilities
(including on-site treatment, storage, and disposal sites); and
(F) the location at which waste classified as
hazardous under RCRA enters the treatment plant by truck, rail, or dedicated
pipe;
(iii) a process
flow diagram or schematic, which includes:
(A) a diagram showing the processes of the
treatment plant, including all bypass piping and all backup power sources or
redundancy in the system. This includes a water balance showing all treatment
units, including disinfection, daily average flow rates at influent and
discharge points, and approximate daily flow rates between treatment units;
and
(B) a narrative description of
the diagram; and
(iv)
information regarding scheduled improvements and the schedule of
implementation, which includes the following:
(A) the outfall number of each outfall
affected;
(B) a narrative
description of each required improvement;
(C) scheduled or actual dates of completion
for the following:
(I) commencement of
construction;
(II) completion of
construction;
(III) commencement of
discharge ; and
(IV) attainment of
operational level; and
(D) a description of permits and clearances
concerning other state or federal requirements.
(c) Each applicant shall provide
the following information for each outfall, including bypass points, through
which effluent is discharged, as applicable:
(i) a description of each outfall that
includes the following information:
(A)
outfall number;
(B) county, city,
or town in which outfall is located;
(C) latitude and longitude, to the nearest
second;
(D) distance from shore and
depth below surface;
(E) average
daily flow rate, in million gallons per day;
(F) the following information for each
outfall with a seasonal or periodic discharge :
(I) number of times per year the discharge
occurs;
(II) duration of each
discharge ;
(III) flow of each
discharge ; and
(IV) months in which
discharge occurs; and
(G) whether the outfall is equipped with a
diffuser and the type (e.g., high-rate) of diffuser used;
(ii) a description of receiving waters that
includes the following information, if known for each outfall through which
effluent is discharged to state surface waters:
(A) name of receiving water;
(B) name of United States Geological Survey
eight-digit hydrologic unit code and state water body identification code;
and
(C) critical flow of receiving
stream and total hardness of receiving stream at critical low flow (if
applicable); and
(iii) a
description of treatment system, including the following information describing
the treatment provided for discharges from each outfall to state water:
(A) the highest level of treatment (e.g.,
primary, equivalent to secondary, secondary, advanced, other) that is provided
for the discharge for each outfall and:
(I)
design biochemical oxygen demand or carbonaceous oxygen demand removal
(percent);
(II) design suspended
solids removal (percent); and, where applicable,
(III) design phosphorus removal
(percent);
(IV) design nitrogen
removal (percent); and
(V) any
other removals that an advanced treatment system is designed to achieve;
and
(B) a description of
the type of disinfection used and whether the treatment plant dechlorinates (if
disinfection is accomplished through chlorination).
(d) As specified in (i) through
(ix), all applicants shall submit to the department effluent monitoring
information for samples taken from each outfall through which effluent is
discharged to state surface waters. The department may allow applicants to
submit sampling data for only one outfall, on a case-by-case basis, where the
applicant has two or more outfalls with substantially identical effluent. The
department may also allow applicants to composite samples from one or more
outfalls that discharge into the same mixing zone.
(i) All applicants shall sample and analyze
for the following pollutants:
(A) biochemical
oxygen demand or carbonaceous oxygen demand;
(B) fecal coliform;
(C) design flow rate;
(D) pH;
(E) temperature (winter and summer);
and
(F) total suspended
solids.
(ii) All
applicants with a design flow greater than or equal to 0.1 million gallons per
day shall sample and analyze for the pollutants listed below. Facilities that
do not use chlorine for disinfection, do not use chlorine elsewhere in the
treatment process, and have no reasonable potential to discharge chlorine in
their effluent are not required to analyze for chlorine:
(A) ammonia (as N);
(B) chlorine (total residual, TRC);
(C) nitrate/nitrite;
(D) Kjeldahl nitrogen;
(E) oil and grease;
(F) phosphorus; and
(G) total dissolved solids .
(iii) The following applicants
shall sample and analyze for the pollutants listed in Appendix J, Table 2 of 40
CFR Part 122, and for any other pollutants for which the board has established
water quality standards applicable to the receiving waters:
(A) all POTWs with a design flow rate equal
to or greater than one million gallons per day;
(B) all POTWs with approved pretreatment
programs or POTWs required to develop a pretreatment program; and
(C) other POTWs, as required by the
department .
(iv) The
department may require sampling for additional pollutants, as appropriate, on a
case-by-case basis.
(v) Applicants
shall provide data from a minimum of three samples taken within four and
one-half years prior to the date of the permit application . Samples must be
representative of the seasonal variation in the discharge from each outfall.
Existing data may be used, if available, in lieu of sampling done solely for
the purpose of this application. The department may require additional samples,
as appropriate, on a case-by-case basis.
(vi) All existing data for pollutants
specified in (i) through (iv) that is collected within four and one-half years
of the application must be included in the pollutant data summary submitted by
the applicant. If, however, the applicant samples for a specific pollutant on a
monthly or more frequent basis, it is only necessary, for such pollutant, to
summarize all data collected within one year of the application .
(vii) Applicants shall collect samples of
effluent and analyze such samples for pollutants in accordance with analytical
methods approved under 40 CFR Part 136 unless an alternative is specified in
the existing MPDES permit . When analysis of pH, temperature, cyanide, total
phenols, residual chlorine, oil and grease, fecal coliform (including E. coli),
or volatile organics is required by (i) through (iii), grab samples must be
collected for those pollutants. For all other pollutants, 24-hour composite
samples must be used. For a composite sample, only one analysis of the
composite of aliquots is required.
(viii) The effluent monitoring data provided
must include at least the following information for each parameter:
(A) maximum daily discharge expressed as
concentration or mass, based upon actual sample values;
(B) average daily discharge for all samples,
expressed as concentration or mass, and the number of samples used to obtain
this value;
(C) the analytical
method used; and
(D) the minimum
detection limit (MDL) or minimum level (ML) for the analytical method
used.
(ix) Unless
otherwise required by the department , metals must be reported as total
recoverable.
(e) All
applicants shall provide an identification of any whole effluent toxicity tests
conducted during the four and one-half years prior to the date of the
application on any of the applicant's discharges or on any receiving water near
the discharge .
(i) As specified in (ii)
through (viii), the following applicants shall submit to the department the
results of valid whole effluent toxicity tests for acute or chronic toxicity
for samples taken from each outfall through which effluent is discharged to
surface waters, except for combined sewer overflows:
(A) all POTWs with design flow rates greater
than or equal to one million gallons per day;
(B) all POTWs with approved pretreatment
programs or POTWs required to develop a pretreatment program; and
(C) other POTWs, as required by the
department , based on consideration of the following factors:
(I) the variability of the pollutants or
pollutant parameters in the POTW effluent (based on chemical-specific
information, the type of treatment plant, and types of industrial
contributors);
(II) the ratio of
effluent flow to receiving stream flow;
(III) existing controls on point or non-point
sources, including total maximum daily load calculations for the receiving
stream segment and the relative contribution of the POTW;
(IV) receiving stream characteristics,
including possible or known water quality impairment, a water designated as an
outstanding natural resource water; and
(V) other considerations (including, but not
limited to, the history of toxic impacts and compliance problems at the POTW)
that the department determines could cause or contribute to adverse water
quality impacts.
(ii) Where the POTW has two or more outfalls
with substantially identical effluent discharging to the same receiving stream
segment, the department may allow applicants to submit whole effluent toxicity
data for only one outfall on a case-by-case basis. The department may also
allow applicants to composite samples from one or more outfalls that discharge
into the same mixing zone.
(iii)
Each applicant required to perform whole effluent toxicity testing pursuant to
(i) shall provide:
(A) results of a minimum
of four quarterly tests for a year, from the year preceding the permit
application ; or
(B) results from
four tests performed at least annually in the four and one-half-year period
prior to the application , provided the results show no appreciable toxicity
using a safety factor determined by the department.
(iv) Applicants shall conduct tests with
multiple species (no less than two species, e.g., fish, invertebrate, plant)
and test for acute or chronic toxicity, depending on the range of receiving
water dilution. Applicants shall conduct acute or chronic testing based on the
following dilutions:
(A) acute toxicity
testing if the dilution of the effluent is greater than 100:1 at the edge of
the mixing zone;
(B) acute or
chronic toxicity testing if the dilution of the effluent is between 10:1 and
100:1 at the edge of the mixing zone; and
(C) chronic testing if the dilution of the
effluent is less than 10:1 at the edge of the mixing zone.
(v) Each applicant required to perform whole
effluent toxicity testing pursuant to (i) shall provide the number of chronic
or acute whole effluent toxicity tests that have been conducted since the last
permit reissuance.
(vi) Applicants
shall provide the results using the form provided by the department , or test
summaries if available and comprehensive, for each whole effluent toxicity test
conducted pursuant to (i) for which such information has not been reported
previously to the department .
(vii)
Whole effluent toxicity testing conducted pursuant to (i) must be conducted
using methods approved under 40 CFR Part 136.
(viii) For whole effluent toxicity data
submitted to the department within four and one-half years prior to the date of
the application , applicants shall provide the dates on which the data were
submitted and a summary of the results.
(ix) Each POTW required to perform whole
effluent toxicity testing pursuant to (i) shall provide any information on the
cause of toxicity and written details of any toxicity reduction evaluation
conducted, if any whole effluent toxicity test conducted within the past four
and one-half years revealed toxicity.
(f) Applicants shall submit the following
information about industrial discharges to the POTW:
(i) number of significant industrial users
(SIUs) and categorical industrial users (CIUs) discharging to the POTW;
and
(ii) POTWs with one or more
SIUs shall provide the following information for each SIU, as defined at ARM
17.30.1402, that discharges to the
POTW:
(A) name and mailing address;
(B) description of all industrial processes
that affect or contribute to the SIU's discharge ;
(C) principal products and raw materials of
the SIU that affect or contribute to the SIU's discharge ;
(D) average daily volume of wastewater
discharged, indicating the amount attributable to process flow and non-process
flow;
(E) whether the SIU is
subject to local limits;
(F)
whether the SIU is subject to categorical standards, and if so, under which
category(ies) and subcategory(ies); and
(G) whether any problems at the POTW (e.g.,
upsets, pass through, interference) have been attributed to the SIU in the past
four and one-half years.
(iii) The information required in (i) and
(ii) may be waived by the department for POTWs with pretreatment programs if
the applicant has submitted either of the following that contain information
substantially identical to that required in (i) and (ii):
(A) an annual report submitted within one
year of the application ; or
(B) a
pretreatment program.
(g) POTWs receiving Resource Conservation and
Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), or RCRA corrective action wastes or wastes generated at
another type of cleanup or remediation site shall provide the following
information:
(i) if the POTW receives, or has
been notified that it will receive, by truck, rail, or dedicated pipe any
wastes that are regulated as RCRA hazardous wastes pursuant to 40 CFR Part 261,
the applicant shall report the following:
(A)
the method by which the waste is received (i.e., whether by truck, rail, or
dedicated pipe); and
(B) the
hazardous waste number and amount received annually of each hazardous
waste ;
(ii) if the POTW
receives, or has been notified that it will receive, wastewaters that originate
from remedial activities, including those undertaken pursuant to CERCLA and
sections 3004(u) or 3008(h) of RCRA, the applicant shall report the following:
(A) the identity and description of the
site (s) or facility(ies) at which the wastewater originates;
(B) the identities of the wastewater's
hazardous constituents, as listed in Appendix VIII of 40 CFR Part 261, if
known; and
(C) the extent of
treatment, if any, the wastewater receives or will receive before entering the
POTW; and
(h) Each applicant with
combined sewer systems shall provide the following information:
(i) a map indicating the location of the
following:
(A) all combined sewer overflow
(CSO) discharge points;
(B)
sensitive use areas potentially affected by CSOs (e.g., beaches, drinking water
supplies, shellfish beds, sensitive aquatic ecosystems, and outstanding
national resource waters); and
(C)
waters supporting threatened and endangered species potentially affected by
CSOs;
(ii) a diagram of
the combined sewer collection system that includes the following information:
(A) the location of major sewer trunk lines,
both combined and separate sanitary;
(B) the locations of points where separate
sanitary sewers feed into the combined sewer system;
(C) in-line and off-line storage
structures;
(D) the locations of
flow-regulating devices; and
(E)
the locations of pump stations;
(iii) the following information for each CSO
discharge point (outfall) covered by the permit application:
(A) outfall number;
(B) county, city, or town in which each
outfall is located;
(C) latitude
and longitude, to the nearest second;
(D) distance from shore and depth below
surface;
(E) whether the applicant
monitored any of the following in the past year for this CSO:
(I) rainfall;
(II) CSO flow volume;
(III) CSO pollutant concentrations;
(IV) receiving water quality; or
(V) CSO frequency; and
(F) the number of storm events monitored in
the past year;
(iv) the
following information about CSO overflows from each outfall:
(A) the number of events in the past
year;
(B) the average duration per
event, if available;
(C) the
average volume per CSO event, if available; and
(D) the minimum rainfall that caused a CSO
event, if available, in the last year;
(v) the following information about receiving
waters:
(A) name of receiving water;
(B) name of watershed/stream system and the
United States Soil Conservation Service watershed (14-digit) code, if known;
and
(C) name of the United States
Geological Survey hydrologic cataloging unit (eight-digit) code and the state
water body identification code, if known; and
(vi) a description of any known water quality
impacts on the receiving water caused by the CSO (e.g., permanent or
intermittent beach closings, permanent or intermittent shellfish bed closings,
fish kills, fish advisories, other recreational loss, or exceedance of any
applicable water quality standard).
(i) All applicants shall provide the name,
mailing address, telephone number, and responsibilities of all contractors
responsible for any operational or maintenance aspects of the
facility.
(j) All applications
shall be signed by a certifying official in compliance with ARM
17.30.1323.
(13) A
discharger that is not a publicly owned treatment works (POTW) may request a
variance from otherwise applicable effluent limitations under any of the
following statutory or regulatory provisions within the times specified below:
(a) A request for a variance based on the
presence of "fundamentally different factors" from those on which the effluent
limitations guideline was based must explain how the requirements of the
applicable regulatory and statutory criteria have been met, and must be filed
with the department :
(i) by the close of the
public comment period under ARM
17.30.1372, if the request is for
a variance from best practicable control technology currently available (BPT);
or
(ii) by no later than 180 days
after the date on which an effluent limitation is published in the federal
register, if the request involves a variance from best available technology
economically achievable (BAT), best conventional pollutant control technology
(BCT), or both of them.
(b) A request for a variance from the best
available technology (BAT) requirements for federal Clean Water Act section
301(b)(2)(F) pollutants (commonly called "nonconventional" pollutants) pursuant
to section 301(c) of the federal Clean Water Act because of the economic
capability of the owner or operator, or pursuant to section 301(g) of the
federal Clean Water Act because of certain environmental considerations, when
those requirements were based on effluent limitation guidelines, must be made
by:
(i) submitting an initial request to the
department , stating the name of the discharger, the permit number, the outfall
number(s), the applicable effluent guideline, and whether the discharger is
requesting a federal Clean Water Act section 301(c) or 301(g) modification or
both. This request must have been filed not later than:
(A) September 25, 1978, for a pollutant which
is controlled by a BAT effluent limitation guideline promulgated before
December 27, 1977; or
(B) 270 days
after promulgation of an applicable effluent limitation guideline for
guidelines promulgated after December 27, 1977; and
(ii) submitting a completed request no later
than the close of the public comment period under ARM
17.30.1372 demonstrating that the
requirements of ARM
17.30.1375 and the applicable
requirements of 40 CFR Part 125 have been met. Notwithstanding this provision,
the complete application for a request under section 301(g) of the federal
Clean Water Act must be filed before the department must make a
decision;
(iii) requests for
variance from effluent limitations not based on effluent limitations guidelines
need only comply with (ii) and need not be preceded by an initial request under
(i).
(c) A modification
under the federal Clean Water Act section 302(b)(2) of requirements under
section 302(a) for achieving water quality related effluent limitations may be
requested no later than the close of the public comment period under ARM
17.30.1372 on the permit from
which the modification is sought.
(d) A variance under the federal Clean Water
Act section 316(a) for the thermal component of any discharge must be filed
with a timely application for a permit under this subchapter, except that if
thermal effluent limitations are established under federal Clean Water Act
section 402(A)(1) or are based on water quality standards the request for a
variance may be filed by the close of the public comment period under ARM
17.30.1372.
(14) A
discharger that is a publicly owned treatment works (POTW) may request a
variance from otherwise applicable effluent limitations under federal Clean
Water Act section 302(b)(2) of the requirements under section 302(a) for
achieving water quality based effluent limitations no later than the close of
the public comment period under ARM
17.30.1372 on the permit from
which the modification is sought.
(15) Notwithstanding the time requirements in
(13) and (14):
(a) the department may notify
a permit applicant before a draft permit is issued under ARM
17.30.1370 that the draft permit
will likely contain limitations eligibility for variances. In the notice the
department may require that the applicant, as a condition of consideration of
any variance request, submit an explanation of how the requirements of ARM
17.30.1203(4)
applicable to the variance have been met. The department may require submission
of the explanation within a specified reasonable time after receipt of the
notice. The notice may be sent before the permit application has been
submitted. The draft or final permit may contain the alternative limitations
that may become effective upon final grant of the variance; and specified
reasonable time after receipt of the notice. The notice may be sent before the
permit application has been submitted. The draft or final permit may contain
the alternative limitations that may become effective upon final grant of the
variance; and
(b) a discharger who
cannot file a timely complete request required under (13)(b)(ii) or (iii) may
request an extension. The extension may be granted or denied at the discretion
of the department . Extensions may not be more than six months in duration.
(16) Applicants shall
keep records of all data used to complete permit applications and any
supplemental information submitted under this subchapter for a period of at
least three years from the date the application is signed.
(17) New facilities with new or modified
cooling water intake structures, as defined in ARM
17.30.1202, shall submit to the
department for review the information required in this section as part of their
application . Requests for alternative requirements under ARM
17.30.1213 must be submitted with
the facility's permit application required by ARM
17.30.1322. All applicants shall
provide the following information:
(a) source
water physical data, which includes:
(i) a
narrative description and scaled drawings showing the physical configuration of
all source water bodies used by the facility, including areal dimensions,
depths, salinity and temperature regimes, and other documentation that supports
a determination of the water body type where each cooling water intake
structure is located;
(ii)
identification and characterization of the source water body's hydrological and
geomorphological features, as well as the methods used to conduct any physical
studies to determine the intake's area of influence within the water body and
the results of such studies; and
(iii) locational maps;
(b) cooling water intake structure data,
which includes:
(i) a narrative description
of the configuration of each of the facility's cooling water intake structures
and where they are located in the water body and in the water column;
(ii) latitude and longitude in degrees,
minutes, and seconds for each of the cooling water intake structures;
(iii) a narrative description of the
operation of each of the facility's cooling water intake structures, including
design intake flows, daily hours of operation , number of days of the year in
operation and seasonal changes, if applicable;
(iv) a flow distribution and water balance
diagram that includes all sources of water to the facility, recirculating
flows, and discharges; and
(v)
engineering drawings of the cooling water intake structures; and
(c) a source water baseline
biological characterization including information required to characterize the
biological community in the vicinity of the cooling water intake structures and
to characterize the operation of the cooling water intake structures. The
department may also use this information in subsequent permit renewal
proceedings to determine if the facility's design and construction technology
plan, as required in ARM 17.30.1213, should be revised. This supporting
information must include existing data (if they are available). However,
supplemental data using newly conducted field studies may also be submitted at
the discretion of the applicant. The following information must be submitted:
(i) a list of the data in (ii) through (vi)
that are not available and efforts made to identify sources of the
data;
(ii) a list of species (or
relevant taxa) for all life stages and their relative abundance in the vicinity
of the cooling water intake structures;
(iii) identification of the species and life
stages that would be most susceptible to impingement and entrainment . Species
evaluated should include the forage base as well as those most important in
terms of significance to commercial and recreational fisheries;
(iv) identification and evaluation of the
primary period of reproduction, larval recruitment, and period of peak
abundance for relevant taxa;
(v)
data representative of the seasonal and daily activities (e.g., feeding and
water column migration) of biological organisms in the vicinity of the cooling
water intake structures;
(vi)
identification of all threatened, endangered, and other protected species that
might be susceptible to impingement and entrainment at the cooling water intake
structures;
(vii) documentation of
any public participation or consultation with federal or state agencies
undertaken in development of the plan; and
(viii) if information is submitted to
supplement the information requested in (i) with data collected using field
studies, supporting documentation for the source water baseline biological
characterization must include a description of all methods and quality
assurance procedures for sampling, and data analysis including a description of
the study area, taxonomic identification of sampled and evaluated biological
assemblages (including all life stages of fish and shellfish), and sampling and
data analysis methods. The sampling and/or data analysis methods used must be
appropriate for a quantitative survey and based on consideration of methods
used in other biological studies performed within the same source water body.
The study area should include, at a minimum, the area of influence of the
cooling water intake structure.
(18) The board adopts and incorporates by
reference the following federal regulations as part of the Montana pollutant
discharge elimination system. Copies of these federal regulations may be
obtained from the Department of Environmental Quality, P.O. Box 200901, Helena,
MT 59620-0901.
(a) 40 CFR Part 136 (July 1,
2015), which sets forth guidelines establishing test procedures for the
analysis of pollutants;
(b)
Appendix A to 40 CFR Part 122 (July 1, 2011), which sets forth a list of
primary industrial categories;
(c)
Appendix D to 40 CFR Part 122 (July 1, 2011), which sets forth NPDES permit
application testing requirements;
(d) Appendix J to 40 CFR Part 122 (July 1,
2011), which sets forth NPDES permit testing requirements for publicly owned
treatment works;
(e) 40 CFR Part
125 (July 1, 2011), which sets forth criteria for extending compliance dates
and for determining the availability of a variance ;
(f) 40 CFR Part 412 (July 1, 2011), which
sets forth effluent guidelines and standards for concentrated animal feeding
operations.
Notes
AUTH: 75-5-201, 75-5-401, MCA; IMP: 75-5-401, MCA
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