250 R.I. Code R. 250-RICR-150-10-1.33

Current through December 26, 2024

Section 250-RICR-150-10-1.33 - General Permits

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

1. Area. The general permit shall be written to cover a category of discharges described in the permit under § 1.33(A)(2) of this Part, except those covered by individual permits, within a geographic area. The area shall correspond to existing geographic or political boundaries, such as:

a. Designated planning areas under 33 U.S.C. §§ 1288 (Sections 208, 303 and 1313 of the Clean Water Act);

b. Sewer districts or sewer authorities;

c. City, county, or state political boundaries;

d. State highway systems;

e. Standard metropolitan statistical areas as defined by the Office of Management and Budget;

f. Urbanized areas as designated by the Bureau of Census according to criteria in 39 FR 15202 (May 1, 1974);

g. Densely populated area as defined under as defined in § 1.4 of this Part or

h. Any other appropriate division or combination of boundaries.

2. Sources. The general permit shall be written to regulate, within the area described in § 1.33(A)(1) of this Part, either:

a. Storm Water discharges; or

b. A category of point sources other than storm water discharges if the sources all:

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

(2) Discharge the same type of wastes;

(3) Require the same effluent limitations or operating conditions;

(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.

3. Water quality-based limits. Where sources within a specific category or subcategory of dischargers are subject to water quality-based limits, the sources in that specific category or subcategory shall be subject to the same water quality-based effluent limitations.

4. Other requirements.

a. The general permit must clearly identify the applicable conditions for each category or subcategory of dischargers or treatment works treating domestic sewage covered by the permit.

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

B. Administration

1. In general. General permits may be issued, modified, revoked, and reissued, or terminated in accordance with applicable requirements of these regulations. General permits shall be subject to review by EPA in accordance with the Memorandum of Agreement and 40 C.F.R. § 123.44, incorporated above at § 1.3(B) of this Part.

2. Authorization to discharge, or authorization to engage in sludge use and disposal practices.

a. Except as provided in §§ 1.33(B)(2)(e) and 1.33(B)(2)(f) of this Part, dischargers (or treatment works treating domestic sewage) seeking coverage under a general permit shall submit to the Department of Environmental Management, Office of Water Resources, 235 Promenade Street, Providence, Rhode Island 02908, a standardized notice of intent form to be covered by the general permit at least thirty (30) days prior to commencement of the discharge. A discharger (or treatment works treating domestic sewage) who fails to submit a notice of intent in accordance with the terms of the permit is not authorized to discharge, (or in the case of sludge disposal permit, to engage in a sludge use or disposal practice), under the terms of the general permit unless the general permit, in accordance with § 1.33(B)(2)(e) of this Part, contains a provision that a notice of intent is not required or the Department notifies a discharger (or treatment works treating domestic sewage) that it is covered by a general permit in accordance with § 1.33(B)(2)(f) of this Part. A complete and timely, notice of intent (NOI), to be covered in accordance with general permit requirements, fulfills the requirements for permit applications for purposes of §§ 1.10, 1.13 and 1.32 of this Part.

b. The contents of the notice of intent shall be specified in the general permit and shall require the submission of information necessary for adequate program implementation, including at a minimum, the legal name and address of the owner or operator, the facility name and address, type of facility or discharges, the receiving stream(s), and such other information the Department may reasonably require under § 1.11 of this Part. 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. All notices of intent shall be signed in accordance with § 1.12 of this Part.

c. General permits shall 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;

d. General permits shall specify whether a discharger (or treatment works treating domestic sewage) that has submitted a complete and timely notice of intent to be covered in accordance with the general permit and that is eligible for coverage under the permit, is authorized to discharge, (or in the case of a sludge disposal permit, to engage in a sludge use or disposal practice), in accordance with the permit either upon receipt of the notice of intent by the Department, after a waiting period specified in the general permit, on a date specified in the general permit, or upon receipt of notification of inclusion by the Department. Coverage may be terminated or revoked in accordance with § 1.33(C) of this Part.

e. Discharges other than discharges from publicly owned treatment works, combined sewer overflows, 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 where the Department finds that a notice of intent requirement would be inappropriate. In making such a finding, the Department shall consider: the type of discharge; the expected nature of the discharge; the potential for toxic and conventional pollutants in the discharges; the expected volume of the discharges; other means of identifying discharges covered by the permit; and the estimated number of discharges to be covered by the permit. The Department shall provide in the public notice of the general permit the reasons for not requiring a notice of intent.

f. The Department may notify a discharger (or treatment works treating domestic sewage) that it is covered by a general permit, even if the discharger (or treatment works treating domestic sewage) has not submitted a notice of intent to be covered. A discharger (or treatment works treating domestic sewage) so may notified request an individual permit under § 1.33(C) of this Part.

3. Small municipal separate storm sewer systems (MS4s). For general permits issued to small MS4s, the Department must establish the terms and conditions necessary to meet the requirements of § 1.32 of this Part using one of the two permitting approaches in §§ 1.33(B)(3)(a) or 1.33(B)(3)(b) of this Part. The Department must indicate in the permit or fact sheet which approach is being used.

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

b. Two-step general permit. The Department includes required permit terms and conditions in the general permit applicable to all 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 or more of the permit requirements for individual small MS4 operators.

(1) The general permit must require that any small MS4 operator seeking authorization to discharge under the general permit submit a Notice of Intent (NOI) consistent with § 1.32 of this Part.

(2) The Department must 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 § 1.32 of this Part. 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 must give the public notice of and opportunity to comment and request a public hearing on its proposed authorization and the NOI, the proposed additional terms and conditions, and the basis for these additional requirements. The public notice, the process for submitting public comments and hearing requests, and the hearing process if a request for a hearing is granted, must follow the procedures applicable to draft permits set forth in § 1.38 of this Part. The Department must respond to significant comments received during the comment period as provided in § 1.48 of this Part.

(3) 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 must 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.

C. Requiring an Individual Permit

1. The Department may require any person authorized by a general permit to apply for and obtain an individual RIPDES permit. Any interested person may petition the Department to take action under this subparagraph. Cases where an individual RIPDES permit may be required include the following:

a. The discharge(s) is a significant contributor of pollution as determined by the factors set forth in § 1.32 of this Part;

b. The discharger is not in compliance with the conditions of the general RIPDES permit;

c. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;

d. Effluent limitation guidelines are promulgated for point source covered by the general RIPDES permit;

e. A Water Quality Management Plan containing requirements applicable to such point sources is approved; or

f. 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;

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

h. The discharge(s) is a significant contributor of pollutants. In making this determination, the Department may consider the following factors:

(1) The location of the discharge with respect to waters of the State;

(2) The size of the discharge;

(3) The quantity and nature of the pollutants discharged to waters of the State; and

(4) Other relevant factors;

2. The Department may require any owner or operator authorized by a general permit to apply for an individual RIPDES permit as provided in § 1.33(C)(1) of this Part, only if the owner or operator has been notified in writing that a permit application is required. This notice shall include a brief statement of reasons for this decision, an application form, a statement setting a time for the owner or operator to file the application, and a statement that on the effective date of the individual RIPDES permit the general permit as it applies to the individual permittee shall automatically terminate. The Department may grant additional time upon request of the applicant.

3. Any owner or operator authorized by a general permit may request to be excluded from the coverage of the permit by applying for an individual permit. The owner or operator shall submit an application with reasons supporting the request to the Department no later than 90 days after public notice of the general permit. The request shall be granted by issuing of any individual permit if the reasons cited by the owner or operator are adequate to support the request.

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

5. 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 shall apply to the source.

250 R.I. Code R. 250-RICR-150-10-1.33