Section 58.01.25.103 - PERMIT PROHIBITIONSThe Department will not issue an IPDES permit for a discharge:
01.CWA Compliance. Unless the conditions of the permit provide for compliance with the requirements of IDAPA 58.01.02, "Water Quality Standards" and 58.01.25 "Idaho Pollutant Discharge Elimination System Rules";02.EPA Objection. When the Department has received written objection under 40 CFR 123.44 from the EPA Regional Administrator and until the objections are resolved according to the process identified in the Memorandum of Agreement between EPA and the Department;03.Water Quality Requirements. When the imposition of conditions cannot ensure compliance with the applicable water quality requirements of all affected states;04.Anchorage and Navigation Impaired. When, in the judgment of the Secretary of the United States Army through the Army Corp Chief of Engineers, anchorage and navigation in or on the waters of the United States will be substantially impaired by the discharge;05.Banned Content. Of any radiological, chemical, or biological warfare agent or high level radioactive waste;06.Area Wide Waste Treatment Management Plans. That is inconsistent with a plan or plan amendment approved under CWA Section 208(b); or07.New Sources or New Dischargers. For a new source or new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards.a. When the owner or operator of a new source or new discharge proposes to discharge into a water segment that does not meet water quality standards, or that is not expected to meet those standards even after applying the effluent limit required by CWA Sections 301(b)(1)(A) and (B), and for which the state or interstate agency has performed a pollutant load allocation for the pollutant to be discharged, then the owner or operator must demonstrate:i. Sufficient remaining pollutant load allocations exist to allow for the discharge; andii. The existing dischargers into the segment are subject to compliance schedules that bring the segment into compliance with water quality standards.b. The Department may waive the submission of information by the permit applicant required in Subsection 103.07.a. if the Department determines adequate information exists to evaluate the request.c. The development of limits to meet the criteria of this section is explained in the fact sheet to the permit.Idaho Admin. Code r. 58.01.25.103