11 Miss. Code. R. 6-1.1.2

Current through January 14, 2025

Rule 11-6-1.1.2 - Permit Applications

A. Permits: Applications, Filing Procedures and Requirements

(1) All applications for permits shall be on forms prescribed by the Commission and/or the Permit Board. In addition to those forms, the Department may require an applicant to provide a summary of its compliance history and/or present evidence of its financial capability and responsibility.

(2) A person discharging waste from more than one location shall file a separate application for each discharge location. A single application may be filed for multiple outfalls discharging from a single location, provided the discharge from each outfall is described separately in the application.

(3) The application shall be prepared in accordance with the requirements set forth in 40 CFR 122.21 -.37, 122.44, 124.3(a) and (d) as of the date the permit application is deemed complete, which are incorporated herein and adopted by reference, and in accordance with these regulations.

B. Permits: Application Exemptions

A person discharging or proposing to discharge the following types of wastes shall not be required to apply for a permit from the Permit Board pursuant to this regulation:

(1) human sewage from vessels;

(2) water, gas and other materials injected into a well to facilitate production of oil or gas, or fluids derived in association with oil or gas production and disposal thereof in a well where authorized by the State Supervisor of the Oil and Gas Board (this includes wastes from gas plants which are an integral part of production operations, unless those wastes are classified as hazardous wastes, and wastes generated from enhanced recovery operations and hydrocarbon storage facilities);

(3) wastes or other fluids authorized for injection into a Class V well as defined in 40 CFR 144 and 146;

(4) storm sewers exempted under 40 CFR 122.26 and not connected to wastewater treatment works, unless a particular storm water discharge has been identified by the Executive Director or the Regional Administrator (or his/her designee) as contributing to a violation of a water quality standard or as a significant contributor of pollutants to the waters of the state;

(5) any introduction of pollutants from non-point-source agricultural and silviculture activities, including storm water runoff from orchards, cultivated crops, pastures, range lands and forest lands and return flows from irrigated agriculture. The following facilities are excluded from this exemption: discharges from concentrated animal feeding operations set forth in 40 CFR 122.23 and Rule 1.1.4.C. of these regulations, discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24, discharges into aquaculture projects as defined in 40 CFR 122.25, discharges from silviculture point sources as defined in 40 CFR 122.27, and any other facility and/or discharge required by these regulations to obtain a permit;

(6) the application of pesticides consistent with all relevant requirements of FIFRA in accordance with 40 CFR 122.3(h), which is incorporated herein and adopted by reference.

C. Permit Applications and Other Forms: Valid Signature

(1) An NOI, UIC, individual NPDES permit application form or State permit application form submitted to the Permit Board pursuant to this regulation shall be signed as follows:

(a) for a corporation, by a responsible corporate officer, as defined in 40 CFR 122.22(a)(l);

(b) for a partnership, by a general partner;

(c) for a sole proprietorship, by the proprietor;

(d) for a municipal, state or other public facility, by either a principal executive officer, the mayor, or ranking elected official.

(2) All reports required by permits, and other information requested by the Permit Board shall be signed by a person described in Rule 1.1.2.C., or by a duly authorized representative of that person. A person is a duly authorized representative when:

(a) the authorization is made in writing by a person described in Rule 1.1.2.C.1.,

(b) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity including, but not limited to, the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may be either a specified individual or position) and,

(c) the written authorization is submitted to the Permit Board.

D. Application Requirements Regarding Toxicity for Existing Discharges

(1) Except as provided in Rule 1.1.2.D.3 below, the following permittees shall submit Whole Effluent Toxicity (WET) test results as part of their application for renewal of their NPDES permits:

(a) all major municipal facilities;

(b) all municipal facilities which receive a discharge from any industry category identified in 40 CFR Part 403, Appendix C as of the date the permit application is deemed complete which is incorporated herein and adopted by reference;

(c) any facility with any historical failure of WET testing;

(d) any facility with WET testing requirements in a current permit;

(e) all industrial and municipal facilities believed to be causing toxicity to the instream aquatic biota, and/or believed to have the potential to discharge toxics in toxic amounts considering factors which follow:

(1) the variability of the pollutants or pollutant parameters in the facility effluent (based on chemical-specific information, the type of treatment facility, and types of industrial contributors);

(2) the dilution of the effluent in the receiving water (ratio of effluent flow to receiving stream flow);

(3) existing controls on point or nonpoint sources, including total maximum daily load calculations for the water body segment and the relative contribution of the POTW;

(4) receiving stream characteristics, including possible or known water quality impairment, receiving stream classification, and whether the facility discharges to a coastal water or a water designated as an outstanding natural resource; and

(5) other considerations (including but not limited to the history of toxic impact and compliance problems of the POTW), which the Permit Board determines could cause or contribute to adverse water quality impacts.

(2) The Permit Board may exempt a facility from the application WET testing requirements of Rule 1.1.2.D.1 of this chapter if it satisfies one or more of the conditions that follow:

(a) the Department may delay effluent characterization for whole effluent toxicity for existing facilities that are under a compliance schedule in a permit or administrative order to implement technology-based controls or to achieve compliance with water quality-based effluent limits;

(b) once-through non-contact cooling water without additives;

(c) dewatering of sand or gravel mining operations;

(d) sump pump discharges of uncontaminated groundwater or rainwater only;

(e) construction dewatering only;

(f) discharges from fish hatcheries and other aquaculture;

(g) non-POTW facilities discharging only treated domestic wastewater, unless the Department determines the facility has the potential for toxicity;

(h) is a seafood processor; or

(i) the Department determines that the facility's discharge does not have the potential to contain toxics in toxic amounts.

(3) Facilities required under Rule 1.1.2.D.1 or 2. to conduct toxicity testing shall use Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms, Fourth Edition, (EPA-600/4-90/027), or most recent edition for acute tests and Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Fresh water Organisms, (EPA/600/4-89/001) or most recent edition for chronic tests. Such testing must be conducted subsequent to the most recent NPDES permit reissuance or permit modification under 40 CFR 122.62(a), whichever occurs later.

(4) The frequency of whole effluent toxicity testing for an application is defined in Rule 1.2.6 of these regulations.

E. Misrepresentation of Information on Application Forms and Other Reports

(1) Any person making application for any permit, filing any record, report, or other document pursuant to a regulation of the Commission, shall certify that all information contained in such document is true, based upon information provided by responsible individuals.

(2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, or other documents filed with the Permit Board pursuant to the State law or the rules and regulations pursuant to such law, shall be subject to the penalties provided for in the Code for perjury or false statements.

(3) In the event the permittee becomes aware that it failed to submit any relevant facts in a permit application, or in any report to the Department or Permit Board, it shall promptly submit such facts or information.

11 Miss. Code. R. 6-1.1.2

Miss. Code Ann. §§ 49-2-1, et seq. and 49-17-1, et seq.