Or. Admin. Code § 340-045-0035 - Issuance of NPDES Permits
(1) DEQ
will review each application on its own merits after determining the
application is complete for processing. DEQ will develop recommendations under
provisions of all applicable statutes, rules, regulations, and effluent
guidelines of the State of Oregon and the U.S. Environmental Protection
Agency.
(2) DEQ will formulate and
prepare a tentative determination to issue or deny an NPDES permit for the
discharge described in the application. If the tentative determination is to
issue an NPDES permit, then DEQ will draft a proposed NPDES permit that
includes at least the following:
(a) Proposed
effluent limitations;
(b) Proposed
biosolids limitations;
(c)
Appropriate monitoring requirements;
(d) A Proposed schedule of compliance, if
necessary, established under the Federal Act and regulations issued under it;
and
(e) Other special
conditions.
(3) In order
to inform potentially interested persons of the proposed discharge and of the
tentative determination to issue an NPDES permit, DEQ will provide public
notice as directed in sections (6) and (7) of this rule. In addition to the
information required under OAR
340-045-0027(4)
the public notice will contain:
(a) When
available, a description of the water quality of the receiving water body both
upstream and downstream;
(b) If the
waterbody is water quality limited under Section 303(d)(1) of the Clean Water
Act, a description of whether the permit relates to the parameter(s) that is
water quality limited and if so, how the permit will fit within the existing
Total Maximum Daily Load (TMDL) or if no TMDL exists, how it is acceptable;
and
(c) A description of any load
increase proposed and action required for its approval.
(4) DEQ will prepare a fact sheet for each
draft NPDES permit for a major facility and for each NPDES general permit. In
addition, DEQ will prepare a fact sheet for every industrial NPDES permit that
incorporates a variance and for every draft permit that the Director finds is
the subject of widespread public interest or raises major issues. The fact
sheet will briefly describe the principle facts and the significant factual,
legal, methodological, and policy questions considered in preparing the draft
permit. Fact sheets will contain the following, where applicable:
(a) A brief description of the type of
facility or activity;
(b) The type
and quantity of wastes to be discharged;
(c) Applicable standards and guidelines used
as a basis for effluent and biosolids limits;
(d) An explanation of any proposed
variances;
(e) A sketch, map, or
detailed location of the discharge, where appropriate;
(f) Information spelling out procedures for
finalizing the permit and providing additional public input, including
opportunity for public hearing; and
(g) Where appropriate, an assessment of
future control needs based on the adequacy of present controls, records of
compliance, applicable rules and regulations;
(h) A statement of the inclusion of a
biosolids management and land application plan, if appropriate; and
(i) Name and telephone number of a person to
contact for additional information.
(5) After DEQ has drafted the public notice
and prepared the proposed NPDES permit provisions DEQ will forward them to the
applicant for review and comment. These comments must be submitted in writing
within 14 days after mailing of the proposed materials if the comments are to
receive consideration prior to final action on the application, unless the
applicant requests additional time. The applicant may also waive his right for
the 14-day review time in the interest of accelerating the issuance
procedures.
(6) Issuing an NPDES
permit, except a new NPDES permit for a major facility or a renewal NPDES
permit for a major facility when there is a new or increased discharge load, is
a Category III permitting action as described in OAR
340-045-0027. DEQ will provide
public notice after the 14-day applicant review period has elapsed and will
include the fact sheet when one is required, under section (4) of this
rule.
(7) Issuing a new NPDES
permit for a major facility or a renewal NPDES permit for a major facility when
there is a new or increased discharge load, is a Category IV permitting action
as described in OAR 340-045-0027.
(8) At the conclusion of the public
involvement period, the Director will make a final determination on the
application as soon as practicable and promptly notify the applicant in writing
of the final determination. For all permits that receive comments on the
proposed permit requirements during the public comment period, DEQ will issue a
response to comments that specifies any changed provisions in the permit, and
the reasons for the changes, and that describes and responds to all significant
comments. DEQ will make this response to comments available to the public on
request. Any NPDES permit issued under these rules will contain such pertinent
and particular conditions as may be required to comply with the Federal Act or
regulations issued under it. Under federal regulations, an NPDES permit will be
effective for a fixed term not to exceed five years.
(a) Denial of the permit: If the Director
determines that the NPDES permit should be denied, DEQ will include in the
notification the reasons for the denial under OAR
340-045-0050.
(b) Issuance of the permit: If conditions of
the NPDES permit issued are different from the proposed provisions forwarded to
the applicant for review, the notification shall include the reasons for the
changes made. DEQ will attach a copy of the NPDES permit issued to the
notification. In any case, before the Director will issue an NPDES permit that
applies effluent limitations under effluent guidelines rather than water
quality standards, the Director will make a determination that the permitted
discharge will not violate applicable water quality standards and will provide
some justification for that determination. Such justification will include, but
not necessarily be limited to:
(A) A
description of the anticipated effect on water quality at the mixing zone
boundary of the chemical and/or physical parameter(s) upon which the size and
shape of the mixing zone are based; and
(B) A statement of anticipated effect of the
discharge on aquatic life.
(9) DEQ's decision is effective 20 days from
the date of service of the notification or on the date specified in writing by
DEQ provided this date occurs after the date of service of the notification. A
request for hearing on DEQ's decision must be made by the applicant in writing
within 20 days of the effective date of the permit and state the grounds for
the request. The hearing will be conducted as a contested case hearing under
ORS 183.413 through
183.470 and OAR chapter 340,
division 011.
(a) If a request for hearing is
filed on a permit for a new facility, the entire permit is stayed and will not
go into effect until the hearing process is complete.
(b) If the request for hearing is for an
existing facility or activity, or a new activity within an existing facility,
only the contested permit condition and the conditions that cannot be
implemented separately from the contested conditions are stayed until the
hearing process is complete.
Notes
Statutory/Other Authority: ORS 183 & 468
Statutes/Other Implemented: ORS 468.065 & 468B.050
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