Wash. Admin. Code § 173-226-200 - Applications for coverage under a general permit
Current through Register Vol. 21-24, December 15, 2021
Statutory Authority: Chapter 90.48 RCW. 93-10-099 (Order 92-55), § 173-226-200, filed 5/5/93, effective 5/19/93.
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Applications for coverage under a general permit.
(1) Following the public notice by the department of the issuance of a general permit, or at an alternate date as designated by the department, all dischargers who desire to be covered under the general permit shall notify the department of that fact on a form prescribed by the department no later than the following, unless a shorter application period is allowed in the general permit under which coverage is requested:
(a) For existing operations, applications for coverage shall be submitted no later than ninety days after the issuance date of the general permit under which coverage is requested;
(b) For new operations, applications for coverage shall be submitted no later than one hundred eighty days prior to the commencement of the activity that may result in the discharge to waters of the state.
(2) Unless specified otherwise in the general permit under which coverage is requested or the department responds in writing, coverage of a discharger under a general permit will automatically commence on the later of the following:
(a) The effective date of the general permit;
(b) The thirty-first day following the end of the thirty-day comment period required by WAC 173-226-130(4);
(c) The thirty-first day following receipt by the department of a completed application for coverage under a general permit; or
(d) A date specified by the department in the general permit.
(3) All applications for coverage under a general permit shall:
(a) Contain information necessary for adequate program implementation;
(b) Contain the legal name and address of the owner or operator, the facility name and address, type of facility or discharges, and the receiving streams;
(c) Bear a certification of correctness;
(d) Be signed:
(i) In the case of corporations, by a responsible corporate officer.
(ii) In the case of a partnership, by a general partner.
(iii) In the case of sole proprietorship, by the proprietor.
(iv) In the case of a municipal, state, or other public
facility, by either a principal executive officer or ranking elected official; and
(e) Include any other information deemed relevant by the department.
(f) For new operations, or for operations for which an increase in volume of wastes or change in character of effluent is requested over that previously authorized, applications for coverage shall also contain:
(i) A certification by the applicant that the public notice requirements of WAC 173-226-130(5) have been met; and
(ii) A certification by the applicant that the applicable SEPA requirements under chapter 197-11 WAC have been met.
(4) The department shall develop an application form for each general permit and shall make the application form available during the draft general permit public notice period. The department shall provide the application form to the regional administrator along with the draft and final general permit as required in WAC 173-226-140.
(5) Any previously issued individual permit shall remain in effect until terminated in writing by the department, except that continuation of an expired individual permit, pursuant to WAC 173-220-180(5), shall terminate upon coverage by the general permit.
(6) Where the department has determined that a discharger should not be covered under a general permit, it shall respond in writing within sixty days of receipt of an application for coverage stating the reason(s) why coverage cannot become effective and any actions needed to be taken by the discharger in order for coverage under the general permit to become effective.
(7) When an individual permit is issued to a discharger otherwise subject to a general permit, the applicability of the general permit to that permittee is automatically terminated on the effective date of the individual permit.
(8) Coverage under a general permit for domestic wastewater facilities shall be issued only to a public entity, except in the following circumstances:
(a) Facilities existing or approved for construction with private operation on or before the effective date of this chapter, until such time as the facility is expanded; or
(b) Facilities that serve a single nonresidential, industrial, or commercial establishment. Commercial/industrial complexes serving multiple owners or tenants and multiple residential dwelling facilities, such as mobile home parks, apartments, and condominiums, are not considered single commercial establishments for the purpose of this subsection.
(9) Coverage under a general permit for domestic wastewater facilities that are owned by nonpublic entities and under contract to a public entity, shall be issued to the public entity.
[Statutory Authority: Chapter 90.48 RCW. WSR 93-10-099 (Order 92-55), § 173-226-200, filed 5/5/93, effective 5/19/93.]