Idaho Admin. Code r. 58.01.25.130

Current through September 2, 2024

Section 58.01.25.130 - GENERAL PERMITS

01.Coverage. The Department may issue a general permit in accordance with the following:

a. Within a geographic area, the general permit will be written to cover one (1) or more categories or subcategories of discharges or sludge use or disposal practices or facilities described in the permit under Subsection 130.01.b.ii., except those covered by individual permits within a geographic area. The area will correspond to existing geographic or political boundaries such as:

i. Designated planning areas under CWA Sections 208 and 303;

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 state or federal agencies;

vi. Urbanized areas as designated by the U.S. Census Bureau; or

vii. Another appropriate division or combination of boundaries.

b. The general permit may be written to regulate one (1) or more categories or subcategories of discharges or sludge use or disposal practices or facilities, within the area described in Subsection 130.01.a., where the sources within a covered subcategory of discharges are either:

i. Storm water point sources; or

ii. One (1) or more categories or subcategories of point sources other than storm water point sources or TWTDS, if all:

(1) Involve the same or substantially similar types of operations;

(2) Discharge the same types of wastes or engage in the same types of sludge use or disposal practices;

(3) Require the same effluent limits, operating conditions, or standards for sewage sludge use or disposal;

(4) Require the same or similar monitoring; and

(5) 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 dischargers are subject to water quality-based limits imposed under Section 302, the sources in that specific category or subcategory are subject to the same water quality-based effluent limits.

d. Other requirements:

i. The general permit will clearly identify the applicable conditions for each category or subcategory of dischargers or TWTDS covered by the permit; and

ii. The general permit may exclude specified sources or areas from coverage.

iii. For general permits issued under Subsection 130.01.b. for small MS4s, the Department will establish the terms and conditions necessary to meet the requirements of 40 CFR 122.34 using one (1) of the two (2) permitting approaches described in Subsections 130.01.d.iii(1) and (2). The Department will indicate in the permit or fact sheet the approach used.

(1) Comprehensive general permit. The Department includes all required permit terms and conditions in the general permit; or

(2) Two-step general permit. The Department includes required permit terms and conditions in the general permit applicable to eligible small MS4s and, during the process of authorizing small MS4s to discharge, establishes additional terms and conditions not included in the general permit to satisfy one (1) or more of the permit requirements in 40 CFR 122.34 for individual small MS4 operators.

(a) The general permit will require that a small MS4 operator seeking authorization to discharge under the general permit submit a Notice of Intent (NOI) consisting of the minimum required information in Subsection 130.05.b., and information the Director identifies as necessary to establish additional terms and conditions that satisfy the permit requirements of 40 CFR 122.34, such as the information required under Subsection 130.05.b. The general permit will explain other steps necessary to obtain permit authorization.

(b) The Department will review the NOI submitted by the small MS4 operator to determine whether the information in the NOI is complete and to establish the additional terms and conditions necessary to meet the requirements of 40 CFR 122.34. The Department may require the small MS4 operator to submit additional information. If the Department makes a preliminary decision to authorize the small MS4 operator to discharge under the general permit, the Department will give the public notice of and opportunity to comment and request a public meeting on its proposed authorization and the NOI, proposed additional terms and conditions, and basis for these additional requirements. The public notice, process for submitting public comments and meeting requests, and meeting process if a request for a meeting is granted, will follow the procedures applicable to draft permits in Sections 108 and 109 except Subsection 109.01.d. The Department will respond to significant comments received during the comment period as provided in Subsection 109.03.

(c) Upon authorization for the MS4 to discharge under the general permit, the final additional terms and conditions applicable to the MS4 operator become effective. The Department will notify the permittee and inform the public of the decision to authorize the MS4 to discharge under the general permit and of the final additional terms and conditions specific to the MS4.

02.Electronic Submittals. As of December 21, 2020, notices of intent submitted in compliance with this section must be submitted electronically by the discharger (or treatment works treating domestic sewage) to the Department unless waived under 40 CFR 127.15.

03.Information Retention Schedule. An applicant must keep records of all data used to complete a notice of intent and supplemental information submitted for a period of at least three (3) years from the date the notice of intent is signed.

04.Notice of Intent.

a. A person required under Subsections 102.01 through 102.03 must submit a notice of intent to the Department for coverage under an IPDES general permit as required in Subsection 130.05.

b. A notice of intent must be signed and certified as required in Section 090.

05.Administration.

a. General permits may be issued, modified, revoked and reissued, or terminated in accordance with Sections 201 (Modification, or Revocation and Reissuance of IPDES Permits) and 203 (Termination of IPDES Permits).

b. Authorization to discharge or engage in sludge use and disposal practices will follow these procedures:

i. Except as provided in Subsections 130.05.b.xi. and 130.05.b.xii., a discharger must submit, in accordance with general permit requirements, a complete and timely notice of intent to fulfill the requirements for permit applications;

ii. A discharger (or TWTDS) who fails to submit a notice of intent in accordance with the terms of the permit is not authorized to discharge (or for a sludge disposal permit, to engage in a sludge use or disposal practice) under the terms of the general permit unless:

(1) The general permit, in accordance with Subsections 130.05.b.xi., contains a provision that a notice of intent is not required; or

(2) The Department notifies a discharger (or TWTDS) that it is covered by a general permit in accordance with Subsection 130.05.b.xii.;

iii. Notices of intent must be signed as required in Section 090;

iv. The general permit will specify the contents of the notice of intent and require submitting information necessary for adequate program implementation, including at a minimum:

(1) Legal name and address of the operator;

(2) Facility name and address;

(3) Type of facility, site, or discharges; and

(4) Receiving stream;

v. Coverage under a general permit may be terminated or revoked in accordance with Subsection 130.05.c. through e.;

vi. Notices of intent for coverage under a general permit for CAFOs must include the information specified in Subsection 105.09 and 40 CFR 122.21(i)(1), including a topographic map;

vii. 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);

viii. General permits 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 notice of intent requirements;

ix. General permits will specify the deadlines for submitting notices of intent to be covered and the date(s) when a discharger is authorized to discharge under the permit;

x. General permits will specify whether a discharger (or TWTDS), who has submitted a complete and timely notice of intent to be covered in accordance with the general permit and is eligible for coverage under the permit, is authorized to discharge (for a sludge disposal permit, to engage in a sludge use or disposal practice) in accordance with the permit:

(1) Upon receipt of the notice of intent by the Department;

(2) After a waiting period specified in the general permit;

(3) On a date specified in the general permit; or

(4) Upon receipt of notification of inclusion by the Department;

xi. Discharges other than discharges from POTWs, combined sewer overflows, MS4s, primary industrial facilities, and storm water discharges associated with industrial activity, may, at the discretion of the Department, be authorized to discharge under a general permit without submitting a notice of intent when the Department finds that a notice of intent requirement is inappropriate. The Department will provide in the public notice of the general permit the reasons for not requiring a notice of intent. The Department will consider:

(1) Type of discharge;

(2) Expected nature of the discharge;

(3) Potential for toxic and conventional pollutants in the discharges;

(4) Expected volume of the discharges;

(5) Other means of identifying discharges covered by the permit; and

(6) Estimated number of discharges to be covered by the permit; and

xii. The Department may notify a discharger (or TWTDS) that it is covered by a general permit, even if the discharger (or TWTDS) has not submitted a notice of intent to be covered. A discharger (or TWTDS) so notified may request an individual permit as specified in Subsection 130.05.d.

c. The Department may terminate, revoke, or deny coverage under a general permit, and require the discharger or applicant to apply for and obtain an individual IPDES permit. An interested person may petition the Department to take action under this subsection. Cases where an individual IPDES permit may be required include:

i. Discharger or TWTDS is not in compliance with the conditions of the general permit;

ii. Change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source or TWTDS;

iii. ELGs are promulgated for point sources covered by the general permit;

iv. Water Quality Management plan containing requirements for point sources is approved;

v. Circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;

vi. Standards for sewage sludge use or disposal have been promulgated for the sludge use and disposal practice covered by the general IPDES permit; or

vii. Discharge is a significant contributor of pollutants. For this determination, the Department may consider:

(1) Location of the discharge with respect to waters of the United States;

(2) Size of the discharge;

(3) Quantity and nature of the pollutants discharged to waters of the United States; and

(4) Other relevant factors.

d. Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit.

i. The owner or operator must submit an application under Section 105, with reasons supporting the request, to the Department no later than ninety (90) days after the publication of the general permit.

ii. The Department must process the request under Sections 106 (Individual Permit Application Review), 107 (Decision Process), 108 (Draft Permit and Fact Sheet) and 109 (Public Notification and Comment).

iii. The Department will grant a request by issuing an individual permit if the reasons cited by the owner or operator are adequate to support the request.

e. When an individual IPDES permit is issued to an owner or operator otherwise subject to a general IPDES permit, the applicability of the general permit to the individual IPDES permittee is automatically terminated on the effective date of the individual permit.

f. A source excluded from a general permit, solely because it already has an individual permit, may request that the individual permit be revoked, and that it be covered by the general permit. Upon revocation of the individual permit, the general permit will apply to the source.

06.Case-by-Case Requirements for Individual Permits.

a. The Department may require an owner or operator authorized by a general permit to apply for an individual IPDES permit as provided in Subsection 130.05.c., only if the owner or operator has been notified in writing that a permit application is required. This notice will include a statement of the reasons for this decision, an application form, a statement setting a time for the owner or operator to file the application, a statement that on the effective date of the individual IPDES permit, the general permit as it applies to the individual permittee automatically terminates, and a statement that the owner or operator may appeal the Department's decision as provided in Section 204. The Department may grant additional time upon request of the applicant.

b. Before a case-by-case determination that an individual permit is required for a storm water discharge under this section (40 CFR 122.26(a)(1)(v), (a)(9)(iii), and Subsection 105.19), the Department may require the discharger to submit a permit application or other information regarding the discharge described in the CWA Section 308.

i. When requiring information, the Department will notify the discharger in writing and send an application with the notice.

ii. The discharger must apply for a permit within one hundred eighty (180) days of notice, unless permission for a later date is granted by the Department.

Idaho Admin. Code r. 58.01.25.130

Effective July 1, 2024