Section 58.01.25.102 - OBLIGATION TO OBTAIN AN IPDES PERMIT01.Persons Who Must Obtain a Permit. A person who discharges or proposes to discharge a pollutant from a point source into waters of the United States, or who owns or operates a sludge-only facility whose sewage sludge use or disposal practice is regulated by 40 CFR Part 503 or these rules, and who does not have an IPDES or NPDES permit in effect, must submit a complete IPDES permit application to the Department, unless the discharge, proposed discharge, or TWTDS is:a. Covered by one (1) or more general permits in compliance with Section 130. An applicant must complete a notice of intent for a discharge or proposed discharge covered by one (1) or more general permits;b. Excluded from IPDES permit requirements under Subsection 102.05;c. By a user to a privately owned treatment works, and the Department, under Section 370, does not otherwise require the person to apply for a permit; ord. A TWTDS facility that uses or disposes of sewage sludge where a standard applicable to its sewage sludge use or disposal practices has not been published. These facilities must submit limited background information, as specified in Subsection 105.17.o., within one (1) year after publication of applicable standards.02.Operator's Duty to Obtain a Permit. 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.03.Permits Under CWA 405(f). New and currently permitted TWTDS whose sewage sludge use or disposal practices are regulated by 40 CFR Part 503 must submit permit applications according to the schedule in Subsection 105.17. The Department may require permit applications from TWTDS at any time if the Department determines that a permit is necessary to protect public health and the environment from potential adverse effects that may occur from toxic pollutants in sewage sludge.04.Designation of Small Municipal Separate Storm Sewer Systems (MS4s). DEQ will designate a small MS4 that is not located in an urbanized area, as determined by the latest decennial census by the US Census Bureau, as a regulated small MS4 that must be covered by an IPDES permit if the Department determines that the storm water discharge: a. Results in or has the potential to result in exceedance of water quality standards or other significant water quality impacts; orb. Contributes substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the IPDES storm water program.05.Exclusions from Permit. A person must not discharge pollutants from a point source into waters of the United States without first obtaining an IPDES permit from the Department or coverage under an IPDES general permit, unless the discharge is excluded from IPDES permit requirements or the discharge is authorized by an IPDES or NPDES permit that continues in effect. The Department will not require persons to obtain IPDES permits for facilities or activities that are not required to obtain NPDES permits from EPA under the CWA and CWA regulations. Discharges excluded from IPDES permit requirements, but that may be regulated by other state or federal regulations include: a. Sewage discharge from vessels and effluent from properly functioning marine engines, laundry, shower and galley sink wastes, or other discharge incidental to the normal operation of a vessel of the US Armed Forces under CWA Section 312, and a recreational vessel under CWA Section 502(25). None of these exclusions apply to: i. Rubbish, trash, garbage, or other materials discharged overboard; nor toii. Discharges when the vessel is operating in a capacity other than as a means of transportation such as: (1) An energy or mining facility;(2) A storage facility, or when secured to a storage facility; or(3) When secured to the bed of the waters of the United States for mineral or oil exploration or development;b. A discharge of dredged or fill material into waters of the United States regulated under CWA Section 404;c. Sewage, industrial wastes, or other pollutants discharged into publicly owned treatment works (POTWs) by an indirect discharger who has received a will-serve letter authorizing the discharge to the POTW. Plans or agreements to switch to this method of disposal in the future do not relieve dischargers of the obligation to have and comply with permits until all discharges of pollutants to waters of the United States are eliminated. This exclusion does not apply to introducing pollutants to privately owned treatment works or to other discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other party not leading to treatment works;d. A discharge in compliance with the instructions of an on-scene coordinator under 40 CFR Part 300 (The National Oil and Hazardous Substances Pollution Contingency Plan), or 33 CFR 153.10(e) (Control of Pollution by Oil and Hazardous Substances, Discharge Removal);e. Introduction of pollutants from non-point source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands; however, this exclusion does not apply to discharges from concentrated animal feeding operations (CAFO) as defined in 40 CFR 122.23, discharges from concentrated aquatic animal production (CAAP) facilities, discharges to aquaculture projects, and discharges from silvicultural point sources;f. Return flow from irrigated agriculture;g. Discharges into a privately owned treatment works, except as the Department may otherwise require under Subsection 302.15; andh. Discharges from a water transfer. This exclusion does not apply to pollutants introduced by the water transfer activity to the transferred water.Idaho Admin. Code r. 58.01.25.102