Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-17-4 - Permit Application RequirementsThe following provisions of 40 C.F.R. are hereby incorporated by reference:
4.1. Application for a permit - 40 C.F.R. § 122.21, as amended by 50 Fed. Reg. 35203 (Aug. 29, 1985), except §122.21(h), (i), (k) and (m); 4.2 Signatories to permit applications and reports 40 C.F.R. § 122.22;4.3 Separate storm sewers - 4.3.1 "Separate storm sewer" means a conveyance or system of conveyances (including pipes, conduits, ditches, and channels) primarily used for collecting and conveying storm water runoff and which is either:4.3.1.1 Located in an urbanized area as designed by the U.S. Bureau of the Census according to the criteria in 39 FR 15202 (May 1, 1974); or 4.3.1.2 Not located in an urbanized area as designated under Section 4.3.5.4.3.2 Except as provided in Section 4.3.3 section, a conveyance or system of conveyances operated primarily for the purpose of collecting and conveying storm water runoff which is not located in an urbanized area and has not been designated by the Director under Section 4.3.5 is not considered a point source and is not subject to the provisions of this series.4.3.3 Conveyances which discharge process wastewater or storm water runoff contaminated by contact with wastes, raw materials, or pollutant-contaminated soil, from land or facilities used for industrial or commercial activities, into waters of the State or into separate storm sewers are point sources subject to the requirements of this series but are not separate storm sewers for purposes of this section. As used in this paragraph, "wastes" does not include sand, silt and gravel.4.3.4 Whether a system of conveyances is or is not a separate storm sewer for purposes of this 'Section shall have no bearing on whether the system is eligible for funding under Title II of CWA.4.3.5 Case-by-case designation of separate storm sewers. The Director may designate a storm sewer not located in an urbanized area as a separate storm sewer. This designation may be made to the extent allowed or required by EPA promulgated effluent guidelines for point sources in the separate storm sewer category; or when: 4.3.5.1 A Water Quality Management plan under Section 208 of CWA which contains requirements applicable to such point sources is approved; or4.3.5.2 The Director determines that a storm sewer is a significant contributor of pollution to the waters of the State. In making this determination the Director shall consider the following factors: 4.3.5.2.1 The location of the discharge with respect to waters of the State;4.3.5.2.2 The size of the discharge;4.3.5.2.3 The quantity and nature of the pollutants reaching waters of the State; and4.3.5.2.4 Other relevant factors.4.4 General permits - 40 C.F.R. § 122.28, except §122.28(b)(1), last sentence, in which the phrase "and §124.58 for EPA" shall be deleted; and except that §122.28(b)(2)(F)(ii) shall apply to DOE-issued general permits; §122.28(c) shall also be deleted.4.5 New sources and new dischargers - 40 C.F.R. § 122.29;