(1) Except as
otherwise provided in this subrule, in 567-Chapter 65, and in 567-Chapter 69,
no person shall operate any wastewater disposal system or part thereof without,
or contrary to any condition of, an operation permit issued by the director. An
operation permit is not required for the following:
a. A private sewage disposal system which
does not discharge into, or have the potential to reach, a designated water of
the state or subsurface drainage tile (Note: private sewage disposal systems
under this exemption are regulated under 567-Chapter 69).
b. A semipublic sewage disposal system, the
construction of which has been approved by the department and which does not
discharge into a water of the state.
c. A pretreatment system, the effluent of
which is to be discharged directly to another disposal system for final
treatment and disposal.
d. A
discharge from a geothermal heat pump which does not reach a navigable
water.
e. Water well construction
and well services related discharge that does not reach a water of the United
States as defined in
40
CFR Section
122.2.
f. Discharges from the application of
biological pesticides and chemical pesticides where the discharge does not
reach a water of the United States as defined in
40
CFR Section
122.2.
g. Agricultural storm water discharges. This
exclusion applies only to the operation permit requirement set forth in this
rule and does not alter other requirements of law, including but not limited to
any applicable requirements of Iowa Code chapters 459 and 459A.
h. Dewatering discharge from the
installation, repair, or maintenance of agricultural drainage systems that does
not reach a water of the state. This activity is not considered operation of a
wastewater disposal system.
(2) Rescinded, effective 2/20/85.
(3) The owner of any disposal system or part
thereof in existence before August 21, 1973, for which a permit has been
previously granted by the Iowa department of health or the Iowa department of
environmental quality shall submit such information as the director may require
to determine the conformity of such system and its operation with the rules of
the department by no later than 60 days after the receipt of a request for such
information from the director. If the director determines that the disposal
system does not conform to the rules of the department, the director may
require the owner to make such modifications as are necessary to achieve
compliance. A construction permit shall be required, pursuant to 64.2(1), prior
to any such modification of the disposal system.
(4) Applications.
a.
Individual permit. Except
as provided in 64.3(4)
"b," applications for operation permits
required under 64.3(1) shall be made on forms provided by the department, as
noted in
567-60.3 (455B,17A). The
application for an operation permit under 64.3(1) shall be filed pursuant to
567-subrule 60.4(2). Permit applications for a new discharge of storm water
associated with construction activity as defined in 567-Chapter 60 under "storm
water discharge associated with industrial activity" must be submitted at least
60 days before the date on which construction is to commence. Upon completion
of a tentative determination with regard to the permit application as described
in 64.5(1)
"a," the director shall issue operation permits for
applications filed pursuant to 64.3(1) within 90 days of the receipt of a
complete application unless the application is for an NPDES permit or unless a
longer period of time is required and the applicant is so notified.
b.
General permit. A Notice
of Intent (NOI) for coverage under a general permit shall be made on forms
provided by the department as noted in
567-60.3 (455B,17A) and in
accordance with
567-64.6 (455B). An NOI must be
submitted to the department according to the following:
(1) For existing storm water discharge
associated with industrial activity, with the exception of discharges
identified in subparagraphs (2) and (3) of this paragraph, on or before October
1, 1992.
(2) For any existing storm
water discharge associated with industrial activity from a facility or
construction site that is owned or operated by a municipality with a population
of less than 100,000 other than an airport, power plant or uncontrolled
sanitary landfill, on or before March 10, 2003.
For purposes of this subparagraph, municipality means city,
town, borough, county, parish, district, association, or other public body
created by or under state law. The entire population served by the public body
shall be used in the determination of the population.
(3) For any existing storm water discharge
associated with small construction activity on or before March 10,
2003.
(4) For storm water discharge
associated with industrial activity which initiates operation after October 1,
1992, with the exception of discharges identified in subparagraphs (2) and (3)
of this paragraph, where storm water discharge associated with industrial
activity could occur as defined in rule
567-60.2 (455B).
(5) For any private sewage disposal system
installed after July 1, 1998, where subsoil discharge is not
possible.
(6) For any discharge,
except a storm water only discharge, from a mining or processing facility after
July 18, 2001.
(7) For any
discharge from hydrostatic testing, tank ballasting and water lines, if
required to be submitted by General Permit No. 8, on or after July 1,
2018.
(8) For any discharge from
dewatering or residential geothermal systems, if required to be submitted by
General Permit No. 9, on or after July 1, 2018.
(5) Requirements for industries that
discharge to another disposal system except storm water point sources.
a. The director may require any person
discharging wastes to a publicly or privately owned disposal system to submit
information similar to that required in an application for an operation permit,
but no operation permit is required for such discharge.
Significant industrial users as defined in 567-Chapter 60
must submit a treatment agreement which meets the following criteria:
(1) The agreement must be on the treatment
agreement form, number 542-3221, as provided by the department; and
(2) Must identify and limit the monthly
average and the daily maximum quantity of compatible and incompatible
pollutants discharged to the disposal system and the variations in daily flow;
and
(3) Be signed and dated by the
significant industrial user and the owner of the disposal system accepting the
wastewater; and
(4) Provide that
the quantities to be discharged to the disposal system must be in accordance
with the applicable standards and requirements in 567-Chapter 62.
b. A significant industrial user
must submit a new treatment agreement form 60 days in advance of a proposed
expansion, production increase or process modification that may result in
discharges of sewage, industrial waste, or other waste in excess of the
discharge stated in the existing treatment agreement. An industry that would
become a significant industrial user as a result of a proposed expansion,
production increase or process modification shall submit a treatment agreement
form 60 days in advance of the proposed expansion, production increase or
process modification.
c. A
treatment agreement form must be submitted at least 180 days before a new
significant industrial user proposes to discharge into a wastewater disposal
system. The owner of a wastewater disposal system shall notify the director by
submitting a complete treatment agreement to be received at least 10 days prior
to making any commitment to accept waste from a proposed new significant
industrial user. However, the department may notify the owner that verification
of the data in the treatment agreement may take longer than 10 days and advise
that the owner should not enter into a commitment until the data is
verified.
d. A treatment agreement
form for each significant industrial user must be submitted with the facility
plan or preliminary engineering report for the construction or modification of
a wastewater disposal system. These agreements will be used in determining the
design basis of the new or upgraded system.
e. Treatment agreement forms from significant
industrial users shall be required as a part of the application for a permit to
operate the wastewater disposal system receiving the wastes from the
significant industrial user.
(6) Rescinded, effective 7/23/86.
(7) NPDES permits may be granted for any
period of time not to exceed five years. All other operation permits may be
granted for an appropriate period of time as determined by the director, based
on the type of wastewater disposal system being permitted. An application for
renewal of an NPDES or operation permit must be submitted to the department 180
days in advance of the date the permit expires. General permits will be issued
for a period not to exceed five years. Each permit to be renewed shall be
subject to the provisions of all rules of the department in effect at the time
of the renewal.
(8) Identity of
signatories of permit applications. The person who signs the application for a
permit shall be:
a.
Corporations. In the case of corporations, a responsible
corporate officer. A responsible corporate officer means:
(1) A president, secretary, treasurer, or
vice president in charge of a principal business function, or any other person
who performs similar policy- or decision-making functions; or
(2) The manager of manufacturing, production,
or operating facilities, if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
b.
Partnerships.
In the case of a partnership, a general partner.
c.
Sole proprietorships. In
the case of a sole proprietorship, the proprietor.
d.
Municipal, state, federal, or
other public agency. In the case of a municipal, state, or other
public facility, either the principal executive officer or the ranking elected
official. A principal executive officer of a public agency includes:
(1) The chief executive officer of the
agency; or
(2) A senior executive
officer having responsibility for the overall operations of a unit of the
agency.
e.
Storm
water discharge associated with industrial activity from construction
activities. In the case of a storm water discharge associated with
construction activity, either the owner of the site or the general
contractor.
f.
Certification. Any person signing a document under paragraph
"a" to
"d" of this subrule shall make the
following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for known violations.
The person who signs NPDES reports shall be a person
described in this subrule, except that in the case of a corporation or a public
body, monitoring reports required under the terms of the permit may be
submitted by a duly authorized representative of the person described in this
subrule. A person is a duly authorized representative if the authorization is
made in writing by a person described in this subrule and the authorization
specifies an individual or position having responsibility for the overall
operation of the regulated facility, such as plant manager, superintendent, or
position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the
corporation.
(9)
When necessary to comply with present standards which must be met at a future
date, an operation permit shall include a schedule for the alteration of the
permitted facility to meet said standards in accordance with 64.7(4) and
64.7(5). Such schedules shall not relieve the permittee of the duty to obtain a
construction permit pursuant to
567-64.2 (455B). When necessary
to comply with a pretreatment standard or requirement which must be met at a
future date, a significant industrial user will be given a compliance schedule
for meeting those requirements.
(10) Operation permits shall contain such
conditions as are deemed necessary by the director to ensure compliance with
all applicable rules of the department, including monitoring and reporting
conditions, to protect the public health and beneficial uses of state waters,
and to prevent water pollution from waste storage or disposal
operations.
(11) The director may
amend, revoke and reissue, or terminate in whole or in part any individual
operation permit or coverage under a general permit for cause. Except for
general permits, the director may modify in whole or in part any individual
operation permit for cause. A waiver or modification to the terms and
conditions of a general permit shall not be granted. If a waiver or
modification to a general permit is desired, the applicant must apply for an
individual permit following the procedures in 64.3(4)
"a."
a. Permits may be amended, revoked and
reissued, or terminated for cause either at the request of any interested
person (including the permittee) or upon the director's initiative. All
requests shall be in writing and shall contain facts or reasons supporting the
request.
b. Cause under this
subrule includes the following:
(1) Violation
of any term or condition of the permit.
(2) Obtaining a permit by misrepresentation
of fact or failure to disclose fully all material facts.
(3) A change in any condition that requires
either a temporary or permanent reduction or elimination of the permitted
discharge.
(4) Failure to submit
such records and information as the director shall require both generally and
as a condition of the permit in order to ensure compliance with the discharge
conditions specified in the permit.
(5) Failure or refusal of an NPDES permittee
to carry out the requirements of 64.7(7)"c."
(6) Failure to provide all the required
application materials or appropriate fees.
(7) A request for a modification of a
schedule of compliance, an interim effluent limitation, or the minimum
monitoring requirements pursuant to 567-paragraph
60.4(2)"b."
c. The permittee shall furnish to the
director, within a reasonable time, any information that the director may
request to determine whether cause exists for amending, revoking and reissuing,
or terminating a permit, including a new permit application.
d. The filing of a request by an interested
person for an amendment, revocation and reissuance, or termination does not
stay any permit condition.
e. If
the director decides the request is not justified, the director shall send the
requester a brief written response giving a reason for the decision. Denials of
requests for modification, revocation and reissuance, or termination are not
subject to public notice, comment, hearings, or appeals.
f. Draft permits.
(1) If the director tentatively decides to
amend, revoke and reissue, or terminate a permit, a draft permit shall be
prepared according to 64.5(1).
(2)
When a permit is amended under this paragraph, only those conditions to be
modified shall be reopened when a new draft permit is prepared. All other
aspects of the existing permit shall remain in effect for the duration of the
permit.
(3) When a permit is
revoked and reissued under this paragraph, the entire permit is reopened just
as if the permit had expired and was being reissued.
(4) If the permit amendment falls under the
definition of "minor amendment" in
567-60.2 (455B), the permit may
be amended without a draft permit or public notice.
(5) During any amendment, revocation and
reissuance, or termination proceeding, the permittee shall comply with all
conditions of the existing permit until a new final permit is
reissued.
(12)
No permit may be issued:
a. When the
applicant is required to obtain certification under Section 401 of the Clean
Water Act and that certification has not been obtained or waived;
b. When the imposition of conditions cannot
ensure compliance with the applicable water quality requirements of all
affected states; or
c. To a new
source or new discharger if the discharge from its construction or operation
will cause or contribute to a violation of water quality standards. The owner
or operator of a new source or new discharger proposing to discharge to a water
segment which does not meet applicable water quality standards must
demonstrate, before the close of the public comment period for a draft NPDES
permit, that:
(1) There is sufficient
remaining load in the water segment to allow for the discharge; and
(2) The existing dischargers to the segment
are subject to compliance schedules designed to bring the segment into
compliance with water quality standards.
The director may waive the demonstration if the director
already has adequate information to demonstrate (1) and (2).
Notes
Iowa Admin. Code r.
567-64.3
ARC 7625B, lAB 3/11/09,
effective 4/15/09; ARC 8520B, lAB 2/10/10, effective 3/17/10; ARC 9365B, lAB
2/9/11, effective 3/30/11; ARC 0529C, lAB 12/12/12, effective 1/16/2013
Amended by
IAB
April 13, 2016/Volume XXXVIII, Number 21, effective
5/18/2016
Amended by
IAB
June 8, 2016/Volume XXXVIII, Number 25, effective
5/18/2016
Amended by
IAB
May 9, 2018/Volume XL, Number 23, effective
7/1/2018
Amended by
IAB
February 9, 2022/Volume XLIV, Number 16, effective
3/16/2022