Iowa Admin. Code r. 567-64.4 - Issuance of NPDES permits
(1)
Individual permit. An individual NPDES permit is required when
there is a discharge of a pollutant from any point source into navigable
waters. An NPDES permit is not required for the following:
a. Reserved.
b. Discharges of dredged or fill material
into navigable waters which are regulated under Section 404 of the
Act;
c. The introduction of sewage,
industrial wastes or other pollutants into a POTW by indirect dischargers.
(This exclusion from requiring an NPDES permit applies only to the actual
addition of materials into the subsequent treatment works. Plans or agreements
to make such additions in the future do not relieve dischargers of the
obligation to apply for and receive permits until the discharges of pollutants
to navigable waters are actually eliminated. It also should be noted that, in
all appropriate cases, indirect discharges shall comply with pretreatment
standards promulgated by the administrator pursuant to Section 307(b) of the
Act and adopted by reference by the commission);
d. Any discharge in compliance with the
instruction of an On-Scene Coordinator pursuant to 40 CFR Part 300 (The
National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR
Section 153.10(e) (Pollution by Oil and Hazardous Substances);
e. Any introduction of pollutants from
nonpoint source agricultural and silvicultural activities, including storm
water runoff from orchards, cultivated crops, pastures, range lands, and forest
lands, except that this exclusion shall not apply to the following:
(1) Discharges from concentrated animal
feeding operations as defined in
40
CFR Section 122.23;
(2) Discharges from concentrated aquatic
animal production facilities as defined in
40
CFR Section 122.24;
(3) Discharges to aquaculture projects as
defined in
40
CFR Section 122.25;
(4) Discharges from silvicultural point
sources as defined in
40
CFR Section 122.27;
f. Return flows from irrigated agriculture;
and
g. Water transfers, which are
defined as activities that convey or connect navigable waters without
subjecting the transferred water to intervening industrial, municipal, or
commercial use.
(2)
General permit.
a. The
director may issue general permits which are consistent with
64.4(2)"b" and the requirements specified in
567-64.6 (455B), 567-64.7(455B),
subrule 64.8(2), and 567-64.9 (455B) to regulate one
or more categories or subcategories of discharges where the sources within a
covered category of discharges are either storm water point sources, point
sources other than storm water point sources, or treatment works treating
domestic sewage, if the sources within each category or subcategory meet all of
the following criteria:
(1) Involve the same
or substantially similar types of operations;
(2) Discharge the same types of
wastes;
(3) Require the same
effluent limitations or operating conditions;
(4) Require the same or similar monitoring;
and
(5) Are more appropriately
controlled under a general permit than under individual permits.
b. Each general permit issued by
the department must:
(1) Be adopted as an
administrative rule in accordance with Iowa Code chapter 17A, the
Administrative Procedure Act. Each proposed permit will be accompanied by a
fact sheet setting forth the principal facts and methodologies considered
during permit development,
(2)
Correspond to existing geographic or political boundaries, and
(3) Be identified in
567-64.15(455B).
c. If an
NPDES permit is required for an activity covered by a general permit, the
applicant may seek either general permit coverage or an individual permit.
Procedures and requirements for obtaining an individual NPDES permit are
detailed in 64.3(4)"a." Procedures for filing a Notice of
Intent for coverage under a general permit are described in
567-64.6 (455B) "Completing a
Notice of Intent for Coverage Under a General Permit."
(3)
Effect of a permit.
a. Except for any toxic effluent standards
and prohibitions imposed under Section 307 of the Act and standards for sewage
sludge use or disposal under Section 405(d) of the Act, compliance with a
permit during its term constitutes compliance, for purposes of enforcement,
with Sections 301, 302, 306, 307, 318, 403 and 405(a)-(b) of the Act, and
equivalent limitations and standards set out in 567-Chapters 61 and 62.
However, a permit may be terminated during its term for cause as set forth in
64.3(11). Compliance with a permit condition which implements a particular
standard for sewage sludge use or disposal shall be an affirmative defense in
any enforcement action brought for a violation of that standard for sewage
sludge use or disposal.
b. The
issuance of a permit does not convey any property rights of any sort, or any
exclusive privilege.
Notes
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