Mont. Admin. R. 17.30.1341 - GENERAL PERMITS
(1) The department
may issue general permits for the following categories of point sources which
the department has determined are appropriate for general permitting under the
criteria listed in 40 CFR
122.28 as stated in ARM
17.30.1105:
(a) cofferdams or other construction
dewatering discharges;
(b) ground
water pump test discharges;
(c)
fish farms;
(d) placer mining
operations;
(e) suction dredge
operations using suction intakes no larger than four inches in
diameter;
(f) oil well produced
water discharges for beneficial use;
(g) animal feedlots;
(h) domestic sewage treatment
lagoons;
(i) sand and gravel mining
and processing operations;
(j)
point source discharges of storm water;
(k) treated water discharged from petroleum
cleanup operations;
(l) discharges
from public water supply systems, as determined under Title 75, chapter 6,
MCA;
(m) discharges to wetlands
that do not contain perennial free surface water;
(n) discharges from road salting
operations;
(o) asphalt plant
discharges;
(p) discharges of
hydrostatic testing water;
(q)
discharges of noncontact cooling water;
(r) swimming pool discharge;
(s) septic tank pumper disposal sites;
and
(t) pesticide
application.
(2)
Although MPDES general permits may be issued for a category of point sources
located throughout the state, they may also be restricted to more limited
geographical areas.
(3) Prior to
issuing a MPDES general permit, the department shall prepare a public notice
which includes the equivalent of information listed in ARM
17.30.1372(6) and
shall publish the same as follows:
(a) prior
to publication, notice to the U.S. Environmental Protection Agency;
(b) direct mailing of notice to the Water
Pollution Control Advisory Council and to any persons who may be affected by
the proposed general permit;
(c)
publication of notice in a daily newspaper in Helena and in other daily
newspapers of general circulation in the state or affected area;
(d) after publication, a hearing must be held
and a 30-day comment period allowed as provided in ARM
17.30.1372 through
17.30.1377 and
17.30.1383.
(4) A person owning or proposing to operate a
point source who wishes to operate under a MPDES general permit shall complete
a standard MPDES application or notice of intent form available from the
department for the particular general permit. Except for notices of intent, the
department shall, within 30 days of receiving a completed application, either
issue to the applicant an authorization to operate under the MPDES general
permit, or shall notify the applicant that the source does not qualify for
authorization under a MPDES general permit, citing one or more of the following
reasons as the basis for denial:
(a) the
specific source applying for authorization appears unable to comply with the
following requirements:
(i) effluent
standards, effluent limitations, standards of performance for new sources of
pollutants, toxic effluent standards and prohibitions, and pretreatment
standards;
(ii) water quality
standards established pursuant to
75-5-301, MCA;
(iii) prohibition of discharge of any
radiological, chemical, or biological warfare agent or high-level radioactive
waste;
(iv) prohibition of any
discharge which the secretary of the army acting through the chief of engineers
finds would substantially impair anchorage and navigation;
(v) prohibition of any discharges to which
the regional administrator has objected in writing;
(vi) prohibition of any discharge which is in
conflict with a plan or amendment thereto approved pursuant to section 208(b)
of the federal Clean Water Act; and
(vii) any additional requirements that the
department determines are necessary to carry out the provisions of
75-5-101, et seq., MCA.
(b) the discharge is different in
degree or nature from discharges reasonably expected from sources or activities
within the category described in the MPDES general permit;
(c) an MPDES permit or authorization for the
same operation has previously been denied or revoked;
(d) the discharge sought to be authorized
under a MPDES general permit is also included within an application or is
subject to review under the Major Facility Siting Act,
75-20-101, et seq., MCA;
(e) the point source will be located in an
area of unique ecological or recreational significance. Such determination must
be based upon considerations of Montana stream classifications adopted under
75-5-301, MCA, impacts on fishery
resources, local conditions at proposed discharge sites, and designations of
wilderness areas under 16
USC 1132 or of wild and scenic rivers under
16 USC
1274.
(5) Where authorization to operate under a
MPDES general permit is denied, or a notice of intent under ARM
17.30.1115 is not applicable, the
department shall proceed, unless the application or notice of intent is
withdrawn, to process the application or notice of intent through the
individual MPDES permit requirements under this subchapter.
(6) Every MPDES general permit must have a
fixed term not to exceed five years. Except as provided in (10), every
authorization to operate under a MPDES general permit expires at the same time
the MPDES general permit expires.
(7) Where authorization to operate under a
MPDES general permit is issued to, or a notice of intent received from, a point
source covered by an individual MPDES permit, the department shall, upon
issuance of the authorization to operate or receipt of the notice of intent
under the MPDES general permit, terminate the individual MPDES permit for that
point source.
(8) Any person
authorized or eligible to operate under a MPDES general permit may at any time
apply for an individual MPDES permit according to the procedures in this
subchapter. Upon issuance of the individual MPDES permit, the department shall
terminate any MPDES general permit authorization or notice of intent held by
such person.
(9) The department, on
its own initiative or upon the petition of any interested person, may modify,
suspend, or revoke in whole or in part a MPDES general permit or an
authorization or notice of intent to operate under a MPDES general permit
during its term in accordance with the provisions of ARM
17.30.1361 for any cause listed in
ARM 17.30.1361 or for any of the
following causes:
(a) the approval of a water
quality management plan containing requirements applicable to point sources
covered in the MPDES general permit;
(b) determination by the department that the
discharge from any authorized source is a significant contributor to pollution
as determined by the factors set forth in
40 CFR
122.26(c)(2); or
(c) a change in the availability of
demonstrated technology or practices for the control or abatement of pollutants
applicable to a source or to a category of sources;
(d) occurrence of one or more of the
following circumstances:
(i) violation of any
conditions of the permit; or
(ii)
obtaining an MPDES permit by misrepresentation or failure to disclose fully all
relevant facts;
(iii) a change in
any condition that requires either a temporary or permanent reduction or
elimination of the authorized discharge; or
(iv) a failure or refusal by the permittee to
comply with the requirements of
75-5-602, MCA.
(10) The department may
reissue an authorization to operate under a MPDES general permit provided that
the requirements for reissuance of MPDES permits specified in ARM
17.30.1322 are met.
(11) The department shall maintain and make
available to the public a register of all sources and activities authorized to
operate, or with notices of intent to discharge, under each MPDES general
permit including the location of such sources and activities, and shall provide
copies of such registers upon request.
(12) A concentrated animal feeding operation
(CAFO) owner or operator may be authorized to discharge under a general permit
only in accordance with the process described in
40 CFR
122.23(h).
(13) The department adopts and incorporates
by reference the following federal regulations, which may be obtained from the
Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901,
Helena, MT 59620-0901:
(a)
40 CFR
122.28 (July 1, 2012), which sets forth
criteria for selecting categories of point sources appropriate for general
permitting;
(b)
40 CFR
124.10(d)(1) (July 1, 2012),
which sets forth minimum contents of public notices; and
(c)
40 CFR
122.23(h) (July 1, 2012),
which sets forth procedures for CAFOs seeking coverage under a general
permit.
Notes
AUTH: 75-5-201, 75-5-401, MCA; IMP: 75-5-401, MCA
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