Mont. Admin. R. 17.30.1341 - GENERAL PERMITS

Current through Register Vol. 18, September 24, 2021

(1) The department may issue general permits in accordance with the following:
(a) The general permit must be written to cover one or more categories or subcategories of discharges or facilities described in the permit under (b), except those covered by individual permits, within a geographic area. The area should correspond to existing geographic or political boundaries such as:
(i) designated planning area under sections 208 and 303 of the federal Clean Water Act;
(ii) sewer districts or sewer authorities;
(iii) city, county, or state political boundaries;
(iv) state highway systems;
(v) standard metropolitan statistical areas as defined by the federal Office of Management and Budget;
(vi) urbanized areas as designated by the U.S. Bureau of Census; or
(vii) any other appropriate division or combination of boundaries.
(b) the general permit may be written to regulate one or more categories or subcategories of discharges or facilities, within the area described in (1)(a), where the sources within a covered subcategory of discharges are either:
(i) storm water point sources; or
(ii) one or more categories or subcategories of point sources, other than storm water point sources, if the sources within each category or subcategory all:
(A) involve the same or substantially similar types of operations;
(B) discharge the same types of wastes;
(C) require the same effluent limitations or operating conditions;
(D) require the same or similar monitoring; and
(E) in the opinion of the department, are more appropriately controlled under a general permit than under individual permits.
(c) Where sources within a specific category or subcategory of discharges are subject to water quality-based limits imposed pursuant to 40 CFR 122.44, the sources in that specific category or subcategory shall be subject to the same water quality-based effluent limitations.
(d) The general permit must clearly identify the applicable conditions for each category or subcategory of discharges covered by the permit.
(e) The general permit may exclude specified sources or areas from coverage.
(2) General permits may be issued, modified, revoked and reissued, or terminated by the department in accordance with applicable requirements of ARM 17.30.1363 through 17.30.1365, and ARM 17.30.1370 through 17.30.1378. Unless EPA comments upon, objects to, or makes recommendations with respect to a proposed general permit in accordance with 40 CFR 123.44, the effective date of an MPDES general permit is 90 days after the receipt of the proposed permit by EPA.
(3) Prior to issuing a general permit, the department shall provide a public notice in accordance with the requirements of ARM 17.30.1372 and shall adhere to the requirements of ARM 17.30.1373 through 17.30.1377 regarding public comments and public hearings. The department shall provide a copy of the public notice to the Water Pollution Control Advisory Counciland to any persons who may be affected by the proposed general permit.
(4) A person owning or proposing to operate a point source who wishes to obtain coverage under a general permit shall submit to the department a written notice of intent to be covered by the general permit. A discharger who fails to submit a written notice of intent in accordance with the terms of the general permit may not discharge under the permit. A complete and timely notice of intent to be covered in accordance with general permit requirements fulfills the requirements for permit application for purposes of ARM 17.30.1023, 17.30.1105, 17.30.1313, and 17.30.1322.
(5) Subject to (a) and (b), the contents of the written notice of intent must be specified in the general permit and must contain information necessary for adequate program implementation including, at a minimum, the legal name and address of the owner or operator, the facility name and address, type of facility or discharges, and the receiving stream(s). A notice of intent must be signed in accordance with ARM 17.30.1323. In addition to these general requirements, the following specific provisions apply:
(a) Subject to the department's approval, a general permit for storm water discharges associated with industrial activity from inactive mining, inactive oil and gas operations, or inactive landfills occurring on federal lands where an operator cannot be identified may contain alternative information and meet notice of intent requirements.
(b) Notices of intent for coverage under a general permit for concentrated animal feeding operations must include the information required in the Notice of Intent for MPDES Application for New and Existing Concentrated Animal Feeding Operation (CAFO Notice of Intent) provided by the department and the information specified in 40 CFR 122.21 (i)(1), including a topographic map of the area in which the CAFO is located.
(6) Each general permit must specify the deadline for submitting notices of intent to be covered and the dates(s) when a discharger is authorized to discharge under the permit.
(7) A general permit must specify, by one of the following methods, whether a discharger that has submitted a complete and timely notice of intent to be covered under the general permit is authorized to discharge under the permit:
(a) upon receipt of the notice of intent by the department;
(b) after a waiting period specified in the general permit;
(c) on a date specified in the general permit; or
(d) upon receipt of written notification of authorization from the department.
(8) Where authorization to discharge under a general permit is denied solely because the source is already covered by an individual permit, the owner or operator may request termination of the individual permit and coverage for that source under the general permit. Upon termination of the individual permit, the general permit applies to the source.
(9) Any person authorized or eligible to discharge under a general permit may at any time, upon providing reasons supporting the request or application, apply for an individual permit . Upon issuance of the individual permit, the authorization to discharge under the general permit automatically terminates.
(10) The department, on its own initiative or upon the petition of any interested person, may require any discharger authorized by a general permit to obtain an individual permit under any of the following circumstances:
(a) a water quality management plan has been approved that contains requirements applicable to categories or subcategories of discharges or facilities covered in a general permit;
(b) the department has determined that the discharge from the authorized source is a significant contributor to pollution as determined by the factors set forth in 40 CFR 122.28 (b)(3) including the location of the discharge, the size of the discharge, the quantity and nature of the pollutants discharged, and other relevant factors;
(c) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the source or to a category or subcategory of discharges or facilities;
(d) the discharger is not in compliance with the conditions of the general permit;
(e) circumstances have changed since the time of the request to be covered by the general permit so that the discharger is no longer appropriately controlled under the general permit;
(f) effluent limitations guidelines (ELGs) have been promulgated for the source, or a category or subcategory of discharges or facilities covered under the general permit; or
(g) there is a change in any condition that requires either a temporary or permanent reduction or elimination of the discharge authorized under the general permit.
(11) The department may require any owner or operator authorized to discharge under a general permit to apply for an individual permit as provided in (10) only upon written notice to the owner or operator that an individual permit application is required. This notice must include a brief statement of the reasons for this decision, an application form, a statement setting a time for the owner or operator to file the application, and a statement that on the effective date of the individual permit the general permit as it applies to the individual permittee will automatically terminate. The department may grant additional time upon request of the applicant.
(12) The department shall maintain and make available to the public a register of all sources and activities authorized to discharge under each general permit, including the location of such sources and activities, and shall provide copies of such registers upon request.
(13) 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).
(14) For purposes of this rule, The board 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 122.23 (h) (July 1, 2012), which sets forth procedures for CAFOs seeking coverage under a general permit.
(b) 40 CFR 122.44 (July 1, 2013), which sets forth procedures for establishing limitations, standards, and other permit conditions;
(c) 40 CFR 123.44 (a)(2) (July 1, 2013), which sets forth timeframes for EPA to object to general permits; and
(d) 40 CFR 122.21 (i)(1) (July 1, 2013), which sets forth application requirements for new and existing concentrated animal feeding operations.

Notes

Mont. Admin. R. 17.30.1341
NEW, 1989 MAR p. 2060, Eff. 12/8/89; AMD, 1992 MAR p. 1241, Eff. 6/12/92; TRANS, from DHES, 1996 MAR p. 1499; AMD, 1999 MAR p. 1661, Eff. 7/23/99; AMD, 2003 MAR p. 220, Eff. 2/14/03; AMD, 2011 MAR p. 909, Eff. 5/27/11; AMD, 2013 MAR p. 529, Eff. 4/12/13; AMD, 2014 MAR p. 3056, Eff. 12/25/2014.

75-5-201, 75-5-401, MCA; IMP: 75-5-401, MCA;

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