10 CSR 20-6.010 - Construction and Operating Permits
(1)
Permits-General.
(A) All persons who build,
erect, alter, replace, operate, use, or maintain existing point sources, or
intend these actions for a proposed point source, water contaminant sources, or
wastewater treatment facilities shall apply to the Missouri Department of
Natural Resources (department) for the permits required in accordance with
sections (5) and (7) of this rule, the Missouri Clean Water Law and
regulations. The department issues these permits to enforce the Missouri Clean
Water Law and regulations and administer the National Pollutant Discharge
Elimination System (NPDES) Program.
(B) The following are exempt from permit
regulations:
1. Nonpoint source
discharges;
2. Service connections
to wastewater collection systems;
3. Internal plumbing, piping, water
diversion, or retention structures that are an integral part of an industrial
process, plant or operation, except to the point wastewater is conveyed to
receiving water;
4. Routine
maintenance or repairs of any existing collection system, wastewater treatment
facility, or other water contaminant or point source;
5. Onsite systems for single family
residences;
6. The discharge of
water from an environmental emergency cleanup site under the direction of, or
the direct control of, the department or the Environmental Protection Agency
(EPA), provided the discharge does not violate any condition of
10 CSR
20-7.031 Water Quality Standards;
7. Water used in constructing and maintaining
a drinking water well and distribution system for public and private use,
geologic test holes, exploration drill holes, groundwater monitoring wells, and
heat pump wells;
8. Projects for
beneficial use, that do not exceed a period of one (1) year, may be exempted by
written project approval from the department. The department may extend the
permit exemption for up to one additional year.
9. The application of pesticides in order to
control pests (e.g., any insect, rodent, nematode, fungus, weed, etc.) in a
manner that is consistent with the requirements of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Missouri Pesticide Use Act
unless such application is made directly into or onto waters of the state, in
which case the applicator shall obtain a permit;
10. Hydrostatic testing. Persons discharging
water used for the hydrostatic testing of new pipelines and storage tanks in
the state of Missouri may discharge to waters of the state without first
obtaining a permit if the discharge is de minimis (less than
one thousand (<1,000) gallons) or meeting the requirements in section (14)
of this rule;
11. Nondischarging
facilities for domestic wastewater flows of three thousand gallons per day
(3,000 gpd) or less; and
12.
Agrichemical rinsates and any spilled or recovered fertilizers and pesticides
that are field applied at rates compatible with product
labeling.
(C) Permittees
may pursue integrated planning to facilitate the use of sustainable and
comprehensive solutions.
(2) Continuing Authorities.
(A) Each application for a construction
permit or operating permit shall identify the person, as that term is defined
in section 644.016(15),
RSMo, that is the owner of, operator of, or area-wide management authority for
a water contaminant source, point source, wastewater treatment facility, or
sewer collection system. This person shall be designated as the continuing
authority and shall sign the application. By doing so, the person designated as
the continuing authority acknowledges responsibility for compliance with all
permit conditions. Industrial stormwater permits, industrial no-discharge
permits, and construction stormwater permits are exempt from the higher level
continuing authority requirements in this rule.
(B) Continuing authorities are listed in
preferential order in the following paragraphs. A level three (3), four (4), or
five (5) applicant may constitute a continuing authority by showing that the
authorities listed under paragraphs (B)1.-2. of this rule are not available; do
not have jurisdiction; are forbidden by state statute or local ordinance from
providing service to the person; or that it has met one of the requirements
listed in paragraphs (2)(C)1.-7. of this rule.
1. Level 1 Authority. A municipality or
public sewer district or governmental entity which has been designated as the
area-wide management authority under section 208(c)(1) of the Federal Clean
Water Act;
2. Level 2 Authority. A
municipality, public sewer district, or governmental entity which currently
provides wastewater collection and/or treatment services on a regional or
watershed basis as outlined in section (2)(F) of this rule and approved by the
Missouri Clean Water Commission;
3.
Level 3 Authority. A municipality, public sewer district, or sewer company
regulated by the Public Service Commission (PSC) other than one which qualifies
under paragraph (2)(B)1. or 2. of this rule or a public water supply district.
Permits shall not be applied for by a continuing authority regulated by the PSC
until the authority has obtained a certificate of convenience and necessity
from the PSC;
4. Level 4 Authority.
Any person, industry, or group of persons contractually obligated to
collectively act as a wastewater collection and treatment service, or nonprofit
company organized under section
393.825, RSMo, with complete
control of, and responsibility for the water contaminant source, point source,
or wastewater treatment system.
5.
Level 5 Authority. An association of property owners served by the wastewater
treatment facility, provided the applicant documents that-
A. The association is a corporation in good
standing registered with the Office of the Missouri Secretary of
State;
B. The association owns the
facility and has valid easements for all sewers;
C. The covenants running with the land of
each property owner provide the authority with compliance of wastewater
treatment systems including at a minimum:
(I)
The power to regulate the use of the collection system and/or the wastewater
treatment facility;
(II) The power
to levy assessments on its members and enforce these assessments by liens on
the properties of each owner;
(III)
The power to convey the facility to one (1) of the authorities listed in
paragraphs (2)(B)1.-3.; and
(IV)
The requirement that members connect with the facility and be bound by the
rules of the association.
(C) Applicants for permits other than
industrial stormwater permits, industrial no-discharge permits, and
construction stormwater permits proposing use of a lower preference continuing
authority when the higher level authority is available must submit one (1) of
the following for the department's review, provided it does not conflict with
any area-wide management plan approved under section 208 of the Federal Clean
Water Act or by the Missouri Clean Water Commission:
1. A waiver from the existing higher
authority;
2. A written statement
or a demonstration of non-response from the higher authority declining the
offer to accept management of the additional wastewater;
3. A to-scale map showing that all parts of
the legal boundary of the property to be connected are beyond two thousand feet
(2000') from the collection system operated by a higher preference
authority;
4. A proposed connection
or adoption charge by the higher authority that would equal or exceed what is
economically feasible for the applicant, which may be in the range of one
hundred twenty percent (120%) of the applicant's cost for constructing or
operating a wastewater treatment system;
5. A proposed service fee on the users of the
system by the higher authority that is above what is affordable for existing
home owners in that area;
6. Terms
for connection or adoption by the higher authority that would require more than
two (2) years to achieve full sewer service; or
7. A demonstration that the terms for
connection or adoption by the higher authority are not viable or feasible to
homeowners in the area.
(D) The applicants for industries, shall
submit a statement waiving preferential status from each existing higher
preference authority, if it exists, listed in paragraphs (2)(B)1.,2., or 3. of
this rule for collection and treatment of industrial, process, and domestic
wastewater as part of a new operating permit application.
(E) Private corporations which are not
incorporated under the laws of Missouri shall be represented by a registered
agent in the state of Missouri before a construction permit or an operating
permit will be issued by the department.
(F) Application of Level 2 Authority. If a
municipality or public sewer district wishes to provide wastewater collection
and/or treatment services on a regional or watershed basis as outlined in
paragraph (2)(B)2. of this rule, the entity shall-
1. Submit a preliminary request to the
Missouri Clean Water Commission through the department to obtain higher
authority;
2. Develop a plan, which
includes, but not limited to:
A. A discussion
of regional treatment service;
B.
Capital improvements program;
C.
Process to provide waivers when sewer connection is not available;
D. Approach to address permit compliance with
facilities in the service area;
E.
Community financial capability information; and
F. Defined service area map.
3. Obtain and maintain authority
through ordinances to compel wastewater users and facilities to connect for
management of wastewater flows. The ordinance requires the recipient to notify
all potential users of service availability and that all users connect to the
system within the timeframe provided in the notice of service availability.
Submit a copy of the enacted ordinance.
4. Provide a public meeting prior to approval
of the plan developed according to paragraph (2)(F)2. of the rule and the draft
ordinance. Distribution of information and the publication of the notice of
decision making should occur for at least thirty (30) days. Following the
public meeting, provide a copy of the transcript, attendance log, recording, or
other complete record to the department.
5. Submits a final request to the Missouri
Clean Water Commission through the department, containing the fulfillment of
paragraphs (2)(F)1.-4. of this rule, incorporating preliminary recommendations
provided by the Missouri Clean Water Commission.
6. Staff shall review the plan and present
recommendations to the Missouri Clean Water Commission for action.
(3) Antidegradation.
Applicants seeking new or expanded discharges shall submit an antidegradation
review request.
(A) Applicants may submit
their request on forms provided by the department, and other information in
support of the project, including, but not limited to, the following:
1. The Water Quality Review Assistance
Antidegradation Review Request form, and the appropriate attachments;
2. An antidegradation report detailing the
proposed project; and
3. Any
additional information, evidence, documentation, technology performance
information, modeling, or monitoring data consistent with the Antidegradation
Implementation Procedure; and
4.
The appropriate fee according to
10 CSR
20-6.011.
(B) Public comment. The department shall
place a public notice of the antidegradation determination on the department's
website and allow the public an opportunity to provide comments for a minimum
of thirty (30) days. The antidegradation determination may be revised as a
result of comments received.
(C)
Notification in writing. A final determination whether the antidegradation is
applicable, approved or denied shall be provided in writing to the applicant by
the department.
(4)
Facility Plans and Engineering Reports. Applicants seeking a construction
permit shall submit a facility plan or engineering report unless otherwise
designated by the department.
(A) Submit the
engineering report and/or facility plan prior to submittal of the construction
permit application, including the following, as applicable:
1. A signed facility plan or engineering
report. All facility plans and engineering reports are to be signed and sealed
by a Missouri registered professional engineer, and contain the information in
accordance with 10 CSR 20-8;
2.
Identify the alternative technical manuals and design criteria utilized that
are different from the design standards provided in
10 CSR
20-8.110 through
10 CSR
20-8.220;
3. Submit an electronic version (in portable
document format (PDF) searchable format or department approved equivalent) for
review. To aid in review efficiency, the applicant may also submit paper copies
of the documents, particularly those in large format. The department may
request paper copies in addition to the electronic version;
4. For engineering reports.
A. Submit a plan of the existing and proposed
sewers for projects involving new sewer systems and substantial additions to
existing systems.
B. Submit a plan
for projects involving construction or revision of pumping stations.
C. Provide the design basis and operating
life; and
5. For facility
plans.
A. Submit an approved water quality
review and antidegradation evaluation or determination for all new and
expanding facilities, in accordance with
10 CSR
20-7.031(3). For non-funded projects,
information submitted as part of the antidegradation report does not have to be
resubmitted with the facility plan.
B. Evaluate the feasibility of constructing
and operating a facility with no discharge to waters of the state if the report
is for a new or modified wastewater treatment facility.
C. Evaluate the economics of the project
including alternatives to constructing a discharging system, including an
evaluation of alternatives of wastewater irrigation or subsurface dispersal and
connection to a regional wastewater treatment facility.
D. A geohydrological evaluation conducted by
the department's Missouri Geological Survey, for all proposed new construction,
new or major modification of earthen basins, new outfall locations, wastewater
irrigation fields, and subsurface dispersal sites. Include any recommendations
provided in the geohydrological evaluation.
(B) Engineering reports and/or facility plans
are exempt for the following non-funded projects:
1. Disinfection equipment projects for
treatment types promulgated in
10 CSR
20-8.190;
2. Projects exempted from construction
permitting under subsection (5)(B) of this rule;
3. Sewer extensions permitted under the
general construction permit provided in subsection (5)(C) of this
rule;
4. Sewer projects that submit
a Missouri registered professional engineer's Sewer Extension Design
Certification with the permit application; and
5. Treatment plants and/or sewer extensions
by a permittee with their own authority under section (6) of this rule, if they
are not receiving department funding.
(5) Construction Permits.
(A) Any person causing or permitting the
construction, installation, or modification of any collection system or
wastewater treatment facility shall first receive a construction permit issued
by the department for any of the following activities:
1. New or modified domestic wastewater
discharges;
2. New or modified
surface and subsurface wastewater treatment for private or domestic wastewater
treatment facilities;
3. New or
modified earthen basins used for wastewater storage or treatment including
industrial operations and Class I Concentrated Animal Feeding
Operations;
4. Sewer extensions
and/or pump stations; or
5.
Innovative technologies for domestic and publicly owned wastewater treatment,
as defined by 10 CSR
20-8.140.
(B) The following activities are exempt from
construction permitting when the activities meet the applicable standards in 10
CSR 20-2 through 10 CSR 20-9. Projects exempt from construction permitting may
require professional engineering, as defined in section
327.181, RSMo:
1. Construction of a separate storm
sewer;
2. Sewer extensions of one
thousand feet (1,000') or less, including gravity sewers and/or force mains,
with no more than one pump station;
3. Construction of nondischarging facilities
for domestic wastewater flows of three thousand gallons per day (3,000 gpd) or
less;
4. Class II and smaller
animal feeding operations (AFO), as designated in
10 CSR
20-6.300;
5. Nondomestic discharges of process
wastewater except discharges utilizing an earthen basin;
6. Stormwater best management practices, as
defined in 10 CSR 20-6.200;
7. Industrial facilities connecting to a
publicly owned wastewater treatment facility;
8. Treatment facilities evaluated and
constructed under other department programs;
9. Systems adding common metal salts for
phosphorus removal prior to existing liquid-solids separation and tertiary
filtration;
10. Adding
pre-engineered dechlorination equipment;
11. Solids processing equipment;
12. Like-for-like replacement (e.g.,
replacing eight-inch (8") pipe with eight-inch (8") pipe at the same location
and grade, but material type may be different);
13. Outfall relocation within the same
receiving stream, close proximity to the existing outfall, and upon review by
the department;
14. Projects which
the department has determined a construction permit is not required through
written determination; and
15.
Minor projects that change equipment or operations, but do not affect the
overall capacity of the treatment or treatment type, including, but not limited
to:
A. Internal piping changes;
B. pH adjustment;
C. Addition of solids storage
tanks;
D. Screening
equipment;
E. Grit removal
equipment;
F. Administrative
buildings;
G. Fences and access
roads;
H. Flow measuring
devices;
I. Mixing
equipment;
J. Addition and/or
improvement of sampling equipment;
K. Replacement of aeration equipment;
and
L. Polymer additives.
(C) General Permits for
Sewer Extension Construction. Persons may apply for a general construction
permit for construction of gravity sewer line extensions, pump stations, and
force mains.
(D) An applicant must
submit a separate construction permit application for each collection system,
or wastewater treatment facility to the department. Where there are multiple
releases from a single operating location, however, one (1) application may
cover all facilities and releases. For continuing authorities listed in
paragraphs (2)(B)1., 2., or 3., submit only one (1) application when the
authority operates a wastewater treatment facility and has one (1) or more
other noncontinuous stormwater discharges associated with the
facility.
(E) Demonstration
Projects. Demonstration and pilot projects are innovative processes for which
minimum design criteria is not well established. Demonstration or pilot
projects shall be approved by the department prior to implementation of the new
technology process or equipment.
1. Pilot
project installations are those whose discharge is returned to the existing
treatment facility. They are installed for a period of one (1) year and are
exempt from obtaining a construction permit after obtaining department approval
of the project evaluation. Refer to paragraph (1)(B)8. of this rule.
A. The project evaluation requirements are
identified in 10 CSR
20-8.110(6). Pilot project
installations are temporary and coordinated to ensure water quality is
protected.
2. A
demonstration project installation is a full scale innovative technology
process. All antidegradation, operating permit, and construction permitting
requirements apply.
A. Full scale
demonstration projects in Missouri are not exempt from antidegradation or
permit requirements.
B. The
treatment process must be based on reasonable and sound engineering principles.
Include a project evaluation of a technical performance demonstration of
treating pollutants of concern in Missouri or locations with a climate similar
to Missouri. The expected project evaluation details are outlined in
10 CSR
20-8.110(6) including review of
design criteria.
C. An operating
permit modification depends on the nature of the treatment process and will be
determined during project review of the facility evaluation or plan.
3. The technology remains a
demonstration process until documentation verifies consistent performance as
designed for treatment of pollutants of concern for twelve (12) consecutive
months at three (3) sites in Missouri or locations with a climate similar to
Missouri. Design subsequent installations of verified treatment processes based
on established design criteria.
(F) An applicant must submit an application
for a construction permit to the department at least one hundred eighty (180)
days for a wastewater treatment facility or sixty (60) days for collection
system projects in advance of the date on which construction begins.
(G) An application for a construction permit
shall be made on forms provided by the department and include the following
items:
1. A construction permit application
form signed-
A. For a corporation, by an
individual having responsibility for the overall operation of the regulated
facility or activity, such as the plant manager, or by a delegated individual
having overall responsibility for environmental matters at the
facility;
B. For a partnership or
sole proprietorship, by a general partner or the proprietor respectively;
or
C. For a municipal, state,
federal, or other public facility, by either a principal executive officer or
by a delegated individual having overall responsibility for environmental
matters at the facility;
2. Appropriate permit fee according to
10 CSR
20-6.011;
3. An electronic copy of the construction
permit application and the information listed below in portable document format
(PDF) searchable format or department approved equivalent. To aid in review
efficiency, the applicant may also submit paper copies of the documents,
particularly those in large format. The department may request paper copies in
addition to the electronic version;
4. An approved water quality review and
antidegradation evaluation or determination for all new and expanding
facilities, in accordance with
10 CSR
20-7.031(3);
5. A summary of design;
6. Detailed engineering plans and technical
specifications signed, sealed, and dated by a Missouri registered professional
engineer, which contain the information in accordance with 10 CSR 20-8, or
other regulations as applicable;
7.
A map showing the location of all outfalls, with scale, as well as a flowchart
indicating each process which contributes to an outfall; and
8. Other information necessary to determine
compliance with the Missouri Clean Water Law and these regulations as required
by the department.
(H) If
an application is incomplete or otherwise deficient, the applicant shall be
notified of the deficiency and processing of the application may be
discontinued until the applicant has corrected all deficiencies.
1. Applicants who fail to satisfy all
department technical comments after two (2) certified comment letters, in a
time frame established by the department, may have the application returned as
incomplete and shall forfeit the construction permit application
fees.
2. The department shall act
after receipt of all documents and information necessary for a properly
completed application, as listed in subsection (5)(G) of this rule above and
including appropriate filing fees, and other supporting documents as necessary,
by either issuing or denying the construction permit.
3. The applicant may submit a written request
that additional time is needed prior to the conclusion of the set time frame.
The department shall grant reasonable time extensions.
(I) Notification in writing. A final
determination whether the construction permit is approved, approved with
conditions, or denied with reason, shall be provided in writing to the
applicant by the department within one hundred eighty (180) days.
(J) Construction permits shall expire two (2)
years from the date of issuance unless the permittee notifies the department
within their application of the necessity for a longer construction period or
the permittee applies for an extension.
1.
Submit requests for construction permit extension thirty (30) days prior to
expiration. If there are changes, the department may require the applicant to
apply for a new construction permit.
(K) The minimum design standards requirements
set forth in 10 CSR 20-8 do not preclude the department or the applicant from
utilizing other published technical design guides during the application review
process to ensure effluent limitations can be met. The department may request
additional information and engineering justification to determine the
facility's ability to meet effluent limits.
(L) Issuance of a construction permit does
not constitute a guarantee by the department that the finished wastewater
treatment facility will meet specified effluent limitations.
(M) A site specific operating permit
application and appropriate modification fee shall be submitted with the
construction permit application to allow for public participation prior to the
issuance of a construction permit. An operating permit application and
modification fee is not required with the construction permit application if-
1. Effluent limits and permit conditions have
been established and the public notice and comment procedures were previously
completed as part of an operating permit renewal;
2. Effluent limits were established as part
of the Antidegradation Review and the required public notice and comment
procedures were afforded in accordance with subsection (3)(B) of this
rule;
3. No new effluent limits and
conditions are needed to be established in the existing operating permit, such
as a facility description change; or
4. Applicant is seeking a general
permit.
(N) The owner,
owner's designee, or the professional engineers shall certify a project is
complete or substantially complete, with the submittal of a Statement of Work
Completed form.
1. If the project differs from
the originally submitted plans and specifications, submit as-built plans
clearly showing the alterations upon department request at the completion of
the work.
2. A representative of
the department may inspect the completed work in order to determine that the
completed work substantially adheres to the submitted engineering plans,
technical specifications, Missouri Clean Water Law, and Missouri Clean Water
Commission regulations.
(6) Supervised Programs.
(A) Applicability. Continuing authorities
listed in paragraphs (2)(B) 1., 2., or 3. with at least one (1) existing
wastewater treatment facility with a design flow one million gallons per day (1
MGD) may be granted supervised program approval by the department. Supervised
program approval exempts the permittee from the construction permit
requirements for collection system and treatment plant works.
1. For collection system approval, the
program solely applies to sanitary and/or combined sewer lines and
appurtenances within a defined boundary under the continuing authority's
control that ultimately discharges to a wastewater treatment facility owned by
the same continuing authority.
2.
For treatment plant approval, the program solely applies to continuing
authorities conducting their own construction that is funded by the entity, in
lieu of submitting plans and specifications for expansion or modification of
existing treatment facilities. Continuing authorities desiring treatment plant
approval must also have a collection system authority approved by the
department.
3. If a project is
receiving funding from the department under 10 CSR 20-4, the department may
require the continuing authority to obtain a construction permit in compliance
with 10 CSR 20-4 and 10 CSR 20-8.
4. If the facility is in noncompliance with
the Missouri Clean Water Law, this may be reason for denial, suspension, or
termination of the supervised program approval.
(B) Request Submittal. Authorities requesting
supervised program approval may submit a request to the department with the
following information regarding the system, treatment plant, capacity, and
current procedures. The department shall review the request, supporting
documentation, and may ask for additional information if necessary to determine
compliance with the Missouri Clean Water Law and these regulations. The
department shall inform the permittee in writing of its decision. Approval may
be granted for a period of up to five (5) years in the applicant's operating
permit.
1. General Information Submittal:
A. A statement that the continuing authority
employs or contracts a sufficient number of Missouri registered professional
engineers and other staff qualified to review plans, issue permits, prepare
reports, inspect construction, and enforce local and state requirements for
each sewer extension and treatment plant project. If the continuing authority
engages outside firms, provide a copy of the minimum responsibilities and
expectations of the consulting engineer and what oversight the continuing
authority will have. Reviews must be independent of the designer to avoid
conflicts of interest;
B. A
statement that the continuing authority employs or contracts a sufficient
number of persons qualified to supervise construction or that the continuing
authority has enforceable ordinances which require construction supervision and
subsequent certification by a Missouri registered professional
engineer;
C. A statement on how the
continuing authority maintains permanent records of approvals, sewer
extensions, and treatment plant construction project and the retention policy
for reports and project documentation; and
D. A copy of the procedures followed in
reviewing, approving, and inspecting the construction of collection systems by
others and for handling the design and construction of collection systems to be
built by its own staff or contractors delineating the responsibilities between
the designers and the reviewers must be present.
2. For Collection System Approval, applicants
shall submit the following information:
A.
Standard technical specifications and typical detail drawing, prepared, signed,
and sealed by a Missouri registered professional engineer, in accordance with
10 CSR
20-8.110. Standard technical specifications and detail
drawings complying with
10 CSR
20-8.120 through
10 CSR
20-8.130, and all other necessary
appurtenances;
B. An engineering
report discussing the remaining capacity of the existing collection system,
including each pump station, and the available capacity of the wastewater
treatment facility serving each area. Refer to
10 CSR
20-8.110(4);
C. A current layout map, or maps, of the
collection system showing street names, sewer line material types, sizes, and
lengths, manholes, pump stations, force mains, air release valves, and other
sewer appurtenances as necessary, or a detailed description of the continuing
authority's mapping system and the procedures for updating the
system;
D. A copy of the enacted
ordinance enforcing the standard technical specifications and typical detail
drawings.
3. For
Treatment Plant Approval, applicants shall submit the following information:
A. A copy of procedures to be followed in
reviewing, approving, and inspecting the construction of wastewater treatment
facilities by others and for retaining as-built plans following completion of
the project, prepared by a Missouri registered professional engineer, in
accordance with 10 CSR 20-8.110;
B. A facility plan discussing existing
treatment plant(s), along with a summary of design discussing the remaining
capacity of each existing wastewater treatment facility. Refer to
10 CSR
20-8.110(5);
C. Standard specifications and typical
appurtenance construction details;
D. Following completion of the project,
retain as-builts to be available for review, upon request.
(C) Operating Permit. Supervised
program approval shall be granted through the applicant's operating permit for
a period of up to five (5) years. The operating permit may contain additional
reporting requirements including, but not limited to, a summary report for an
approved period.
1. Treatment plant authority.
A. Antidegradation. Submittal and approval of
an antidegradation review is required prior to any construction that will
increase facility capacity, add or increase pollutants of concern, or change
receiving stream. Refer to section (3) of this rule.
B. Operating Permit Modifications. Submit
applications for operating permit modifications, when applicable, at least one
hundred eighty (180) days before the date the facility begins to receive
wastewater, unless permission for a later date has been granted by the
department.
C. Technologies not
established or discussed in 10 CSR 20-8 are not allowed for the Treatment Plant
Approval.
(D)
Summary Report. A report summarizing the construction activities will be
contained in the operating permit application renewal for reauthorization.
1. For facilities with Collection System
approval:
A. Name of sewer
extension;
B. Length of sewer and
force main;
C. Capacity of each new
or upgraded pump station, if applicable;
D. Date sewer extension permit is
issued;
E. Date sewer extension
construction is accepted;
F. The
ultimate receiving wastewater treatment facility;
G. The remaining long term average capacity
of each wastewater treatment facility; and
H. Upon request, detailed project information
on design flow, leakage, deflection, and inspections.
2. For facilities with Treatment Plant
approval:
A. The projects planned, ongoing, or
completed;
B. The remaining
long-term average capacity of each treatment facility;
C. As-builts for new or expanded treatment
facilities; and
D. Documentation
and engineering justification of new or expanded treatment facilities of design
components, which at a minimum meet the requirements in 10 CSR 20-8, Minimum
Design Standards.
(E) Reauthorization. A request for
reauthorization must be submitted at least one hundred eighty (180) days prior
to expiration reaffirming (6)(B) of this rule. The department may conduct a
site visit to review the request and summary report prior to
reauthorization.
(7)
Operating Permits.
(A) Persons who build,
erect, alter, replace, operate, use, or maintain any water contaminant source,
point source, or wastewater treatment facility which discharges to waters of
the state shall obtain an operating permit from the department before any
discharge occurs. The operating permit shall be issued to the owner and
continuing authority. Nondischarging facilities for the treatment or disposal
of wastes, wastewater, or residuals shall obtain permits as provided in
10 CSR
20-6.015.
(B) Applications.
1. An application for an operating permit
must be submitted on forms provided by the department. The applications may be
supplemented with copies of information submitted for other federal or state
permits. The application shall include:
A. A
map showing the location of all outfalls, with scale, as well as a flowchart
indicating each process which contributes to an outfall;
B. Appropriate permit fee according to
10 CSR
20-6.011;
C. An antidegradation review for new and
expanding discharging facilities;
D. A geohydrological evaluation conducted by
the department's Missouri Geological Survey for new and expanded
facilities;
E. If appropriate, a
variance petition, with the information detailed in section (15) of this rule;
and
F. Engineering certification
that the project was designed to meet the requirements of 10 CSR 20-8 for
projects exempted from construction permitting requirements in section (5) of
this rule.
2. All
applications must be signed as follows:
A. For
a corporation, by an individual having responsibility for the overall operation
of the regulated facility or activity, such as the plant manager, or by an
individual having overall responsibility for environmental matters at the
facility;
B. For a partnership or
sole proprietorship, by a general partner or the proprietor respectively;
or
C. For a municipal, state,
federal, or other public facility, by either a principal executive officer or
by an individual having overall responsibility for environmental matters at the
facility.
3. The
permittee shall provide written notice to the department as soon as possible of
any planned physical alterations or additions to the permitted wastewater
treatment facility.
(C)
Applications for renewal of site-specific operating permits must be received at
least one hundred eighty (180) days either before the expiration date of the
present site-specific operating permit or the date the facility begins to
receive wastewater unless permission for a later date has been granted by the
department. The department shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.
(D) For facilities seeking coverage under a
general operating permit, the application for renewal shall be submitted
according to section 644.051.10, RSMo.
(E) All reports required by the department
shall be submitted and signed by a person designated in paragraph (7)(B)2. of
this rule or a duly authorized representative, if-
1. The representative so authorized is
responsible for the overall operation of the facility from which the discharge
occurs; and
2. The authorization is
made in writing by a person designated in paragraph (7)(B)2. of this rule and
is submitted to the department.
(8) Terms and Conditions of Permits.
(A) The following shall be incorporated as
terms and conditions of all permits:
1. All
discharges and solids disposal shall be consistent with the terms and
conditions of the permit;
2. The
permit may be modified or revoked after thirty (30) days' notice for cause
including, but not limited to, the following causes:
A. A violation of any term or condition of
the permit;
B. A misrepresentation
or failure to fully disclose all relevant facts in obtaining a
permit;
C. A change in the
operation, size, or capacity of the permitted facility; and
D. The permit may be modified after proper
public notice and opportunity for comment when a wasteload allocation study has
been completed showing that more stringent limitations are necessary to protect
the in-stream water quality;
3. The permit may not be modified so as to
extend the term of the permit beyond five (5) years after its
issuance;
4. Permittees shall
operate and maintain facilities to comply with the Missouri Clean Water Law and
applicable permit conditions and regulations.
5. The permittee, owner, and continuing
authority shall allow the department or an authorized representative (including
an authorized contractor acting as a representative of the department), upon
presentation of credentials to, at reasonable times-
A. Enter upon permittee's premises in which a
point source, water contaminant source, or wastewater treatment facility is
located or in which any records are kept according to the terms and conditions
of the permit;
B. Have access to,
or copy, any records that are kept according to the terms and conditions of the
permit;
C. Inspect any facilities,
equipment (including monitoring and control equipment), practices, or
operations regulated or required under a permit; and
D. Sample or monitor for the purposes of
assuring permit compliance or as otherwise authorized by the Federal Clean
Water Act or Missouri Clean Water Law, any substances or parameters at any
location.
6. If the
permit is for a discharge from a publicly-owned treatment works, the permittee
shall give adequate notice to the department of the following:
A. Any new introduction of pollutants into
the treatment facility from an indirect discharger which would be subject to
Sections 301 or 306 of the Federal Clean Water Act if it were directly
discharging those pollutants;
B.
Any substantial change in the volume or character of pollutants being
introduced into that treatment facility at the time of issuance of the permit;
and
C. For purposes of this
subparagraph, adequate notice includes information on the following:
(I) The quality and quantity of influent
introduced into the treatment facility, and
(II) Any anticipated impact of the change on
the quantity or quality of effluent to be discharged from the treatment
facility;
7. If
the permit is for a discharge from a publicly-owned treatment works, the
permittee shall be able to identify any introduction of pollutants or
substances into the facility that alone or in combination will cause-disruption
of the treatment processes, violation of effluent standards in their operating
permit, violation of water quality standards in the receiving stream as defined
in 10 CSR
20-7.031, or classification of the residues of the
treatment processes as hazardous waste as defined in
10 CSR
25-4.010. In addition, the permittee shall require any
industrial user of the treatment facility to comply with the requirements of
10 CSR
20-6.100;
8. If a toxic effluent standard, prohibition,
or schedule of compliance is established under Section 307(a) of the Federal
Clean Water Act for a toxic pollutant in the discharge of permittee's facility
and the standard is more stringent than the limitations in the permit, then
upon notice to the permittee the more stringent standard, prohibition, or
schedule shall be incorporated into the permit as a condition; and
9. When a continuing authority under
paragraph (2)(B)1., 2., or 3. is expected to be available for connection, any
operating permit issued to a permittee under this paragraph, located within the
service area of the paragraph (2)(B)1., 2., or 3. facility, shall contain the
following special condition: Permittee shall cease discharge by connection to a
facility with an area-wide management plan according to subsection (2)(B) of
this rule within the timeframe allotted by the continuing authority with its
notice of its availability. The permittee shall obtain departmental approval
for closure according to section (12) of this rule or alternate use of these
facilities.
(B) The
permit shall contain effluent limitations, monitoring requirements, and terms
and conditions necessary to assure compliance with the Clean Water Law, related
regulations or policies of the Missouri Clean Water Commission.
(9) Prohibitions. No permit shall
be issued in the following circumstances:
(A)
Where the terms and conditions of the permit do not comply with applicable
guidelines or requirements, the Missouri Clean Water Law and Clean Water
Commission regulations or the Federal Clean Water Act and federal
regulations;
(B) Where the EPA
regional administrator has properly objected to the issuance of a
permit;
(C) Where the permit
conditions cannot ensure compliance with the applicable water quality
requirements of all other affected states;
(D) Where anchorage and navigation would be
substantially impaired based on the judgement of the US Army Corps of
Engineer's district engineer;
(E)
For the discharge of any radiological, chemical, or biological warfare agent or
high level radioactive waste;
(F)
For any discharge inconsistent with a plan or plan amendment approved under
Section 208(b) of the Federal Clean Water Act; or
(G) To a facility which is a new source or a
new discharger, if the discharge from the construction or operation of the
facility shall-
1. Cause or contribute to the
violation of water quality standards if the discharge is located in a segment
that was an effluent limitation segment, prior to the introduction of the
discharge from the new source or discharger; or
2. Exceed its pollutant load allocation if
the discharge is into a water quality limited segment.
(10) Operating Permit Renewal and
Expiration Dates.
(A) Missouri State operating
permits may be issued for a period not to exceed five (5) years.
(B) Whenever a release or a potential for
release from a point source, water contaminant source, or wastewater treatment
facility is permanently eliminated, the existing operating permit will be
terminated.
(C) Continuation of
Expiring Permits.
1. The terms and conditions
of an expired permit are continued automatically pending issuance of a renewed
operating permit if-
A. The permittee
submitted a timely and sufficient application for a renewed operating permit
under this rule; and
B. The
department is unable, through no fault of the permittee, to issue a renewed
operating permit before the expiration date of the previous permit.
2. Permits continued under
paragraph (10)(C)1. remain fully effective and enforceable.
(11) Permits
Transferable.
(A) Subject to subsection
(2)(A), a construction permit and/or operating permit may be transferred upon
submission to the department of an application to transfer signed by the
existing owner and/or continuing authority and the new owner and/or continuing
authority.
1. Until the time the permit is
officially transferred, the original permittee remains responsible for
complying with the terms and conditions of the existing permit.
2. To receive a transfer permit, the new
owner and/or continuing authority must complete an application according to
section (5) and/or section (7) of this rule and demonstrate to the department
that the new continuing authority agrees to be responsible for compliance with
the permit.
3. The new owner and/or
continuing authority shall be responsible for complying with the terms and
conditions of the permit upon transfer.
(B) The department, within thirty (30) days
of receipt of the application, shall notify the new applicant of its decision
to revoke and reissue or transfer the permit.
(C) For facilities with construction and/or
operating permits that the department is unable to reissue the operating permit
within thirty (30) days of the transfer application, the construction and/or
operating permit may be transferred to the new permittee if:
1. The current permittee notifies the
department at least thirty (30) days in advance of the proposed transfer
date;
2. The notice includes a
complete application for transfer between the existing and new permittees
containing a specific date for transfer of construction and/or permit
responsibility, coverage, and liability between them; and
3. The department does not notify the
existing permittee and the proposed new permittee of its decision to revoke and
reissue or transfer the operating permit. If no objection is received from the
department within thirty (30) days of receipt of the notice, the transfer is
effective on the date specified in the agreement.
(12) Closure of Treatment
Facilities.
(A) Persons who cease operation or
plan to cease operation of waste, wastewater, and sludge handling and treatment
facilities shall close the facilities in accordance with a closure plan
approved by the department.
(B)
Closure plans shall address wastewater and sludge removal, dewatering
activities, removal of treatment structures, removal of solid waste, or leaving
in place as clean fill, site grading and site shaping so that ponding does not
occur.
(C) Closure plans shall be
submitted to the department no later than ninety (90) days after ceasing
operations. The permittee, owner, and\or responsible party shall complete
closure activities within the timeframe provided in the closure plan.
(D) Operating permits under section (7) of
this rule or under 10 CSR 20-6.015 are required
until all waste, wastewater, wastewater solids/sludges and any solid wastes
have been disposed of in accordance with the closure plan approved by the
department under subsection (12)(A) of this rule, and any disturbed areas have
been properly stabilized.
(13) General Operating Permits.
(A) The department may issue a general
operating permit in accordance with the following:
1. The general operating permit covers a
category of discharges described in the permit except those covered by
site-specific permits within a geographic area. The area corresponds to
existing geographic or political boundaries, such as-
A. Designated planning areas under Sections
208 and 303 of the Federal Clean Water Act;
B. City, county, or state political
boundaries, or special sewer districts;
C. State highway systems; and
D. Any other appropriate division or
combination of boundaries; and
2. The general operating permit regulates a
category of point sources if the sources all-
A. Involve the same or substantially similar
types of operations;
B. Discharge
the same types of wastes/wastewaters;
C. Require the same effluent limitations or
operating conditions;
D. Require
the same or similar monitoring; and
E. Are controlled more appropriately, in the
opinion of the department, under a general operating permit than under
site-specific permits.
(B) General operating permits may be issued,
modified, revoked, and reissued or terminated in accordance with applicable
requirements of this regulation. To be included under a general operating
permit, submit an application on forms supplied by the department.
(C) The department may require any person
authorized by a general operating permit to apply for and obtain a
site-specific operating permit. Any interested person may petition the
department to take action under this subsection. Cases where a site-specific
operating permit may be required, include, but are not limited to, the
following:
1. The discharge(s) is a
significant contributor of pollution which impairs the beneficial uses of the
receiving water;
2. The discharger
is not in compliance with the conditions of the general operating permit;
and
3. A Water Quality Management
Plan containing requirements applicable to these point sources is approved by
the department.
(D) Any
owner and continuing authority authorized by a general operating permit may
request to be excluded from the coverage of the general operating permit by
applying for a site-specific permit.
1. When a
site-specific operating permit is issued to an owner and continuing authority
otherwise subject to a general operating permit, the applicability of the
general operating permit is terminated automatically on the effective date of
the site-specific permit.
2. A
source excluded from a general operating permit solely because it already has a
site-specific permit may request that the site-specific permit be revoked and
that it be covered by the general operating permit, if it meets all the
requirements for coverage.
(E) The department may require any person
applying for a site-specific permit to obtain a general operating
permit.
(14) Hydrostatic
Testing. Persons discharging water used for the hydrostatic testing of new
pipelines and storage tanks are exempt from permitting if the discharge is de
minimis (less than one thousand (<1,000) gallons) or the person takes the
following steps:
(A) Discharge Limits. The
discharge must meet the following limits:
1.
100 mg/L total suspended solids;
2.
pH:
A. Missouri or Mississippi Rivers, in the
range from 6.0 to 10.0 standard units; or
B. All other waters, in the range from 6.5 to
9.0 standard units;
3.
0.32 mg/l ethylbenzene;
4. 0.005
mg/L benzene;
5. 1.0 mg/L toluene;
and
6. 10.0 mg/L xylene.
(B) Sampling and testing
requirements. One (1) grab sample shall be taken per discharge during the first
sixty (60) minutes of the discharge and be analyzed for the pollutants listed
in (14)(A) of this rule as well as total discharge volume in gallons per
day.
(C) Exception reporting. If
any of the sampling results from the hydrostatic test discharge show any
exceedance of (14)(A) limits, provide written notification, including the date
of the sample collection, the analytical results, and a statement concerning
the modifications in management practices that are being implemented to address
the violation within five (5) days of notification of analytical results to the
department.
(D) The hydrostatic
testing water shall not contain dyes or have a visible sheen indicating the
presence of petroleum products.
(E)
Any person who irrigates wastewater from a hydrostatic test may do so under
this rule if the irrigation does not result in any discharge to waters of the
state. The quality of the irrigated wastewater is not required to meet the
limits in (14)(A).
(F) Persons
discharging under this exemption are not required to obtain a separate permit
to construct and operate an oil-water separator to aid in meeting limits for
hydrostatic wastewater.
(15) Variance Request Process.
(A) Water Quality Standards Variance. Any
person, permittee, or group of permittees seeking a variance shall file a
petition for variance with the department according to
40 CFR
131.14, as published August 21, 2015 by the
EPA Docket Center, EPA West 1301 Constitution Avenue NW., Washington, DC 20004.
This rule does not incorporate any subsequent amendments or
additions.
(B) Non-water Quality
Standard Variance. Any person, permittee, or group of permittees seeking a
variance shall file a petition for variance with the department according to
section 644.061, RSMo.
(C) Provisional Variance.
1. A provisional variance is a short term,
time limited reprieve from limitations, rules, standards, requirements, or
order of the director because of conditions beyond the reasonable control of
the permittee, would result in an arbitrary or unreasonable hardship, and the
compliance costs are substantial and reasonably certain.
2. In accordance with section
644.062, RSMo, any person or
permittee may apply for a provisional variance for limitations, rules,
standards, requirements, or orders from the department pursuant to sections
644.006 through
644.141, RSMo. A provisional
variance may not be granted under this regulation for limitations, rules,
standards, requirements, or orders from the department pursuant to other
statutes. The application for a provisional variance shall include information
in accordance with subsection (15)(A) of this rule.
3. The provisional variance is issued by the
department and may be retroactively applied upon permittee request. If a
provisional variance is granted, notice shall be given using the same method
prescribed for operating permits issued by the department in
10 CSR
20-6.020. The department shall promptly notify the
applicant of the decision in writing and file the decision with the Missouri
Clean Water Commission. Granting of a provisional variance is documentation of
the department's enforcement discretion. There is no public notice period prior
to issuance of a provisional variance. If retroactively granted, the permittee
shall submit appropriate modified reports (such as discharge monitoring or
those prescribed in a permit) within twenty (20) days of the provisional
variance issuance date.
4.
Provisional variances shall not be granted for the following:
A. In the department's judgement said
variance would endanger public health, cause significant harm to aquatic life
or wildlife, result in damage to property, or other demonstrable and measurable
harm to downstream interests;
B. In
anticipation of federal approval of any changes to a state water quality
standard;
C. From the requirement
to obtain a permit for an activity, in accordance with 10 CSR 20-6 and Chapter
644, RSMo;
D. To allow an activity
which would otherwise require a permit to begin before the department issues or
denies a permit; or
E. To allow a
facility to exceed a permit limitation while the department considers an
application to modify the permit limitation.
5. A provisional variance may be issued for
up to forty-five (45) days, and may be extended once for up to an additional
forty-five (45) days. The appropriate length of the provisional variance shall
be determined at the discretion of the department.
A. Provisional variances may be issued for
periods less than forty-five (45) days, or terminated earlier than the length
of time specified at issuance, at the permittee's request (assuming that the
variance is no longer essential for compliance).
B. The provisional variance may be granted
subject to conditions determined necessary by the department. In order to
qualify for an extension, a demonstration that the conditions under which the
previous variance were granted still exist or are substantially
similar.
C. In no case shall a
provisional variance be granted to the same facility for more than ninety (90)
days within the same calendar year.
6. Should a facility apply for multiple
provisional variances or a single variance for the maximum ninety (90) days
allowed, a long term plan to eliminate the need for relief from the same limit,
rule, standard, requirement, or order, subject to the restrictions set forth
above, needs to accompany the request in order for the application to be
considered complete.
7. If the
provisional variance is issued for a delay of implementation of limitations,
rules, standards, requirements, or orders from the department to correct a
violation, section 644.042, RSMo, requires the
applicant post a performance bond or other security to assure completion of the
work covered by the variance. The proof of financial responsibility may be in
the form of a surety bond, CD, or irrevocable letter of credit and be subject
to the following:
A. The bond is signed by
the applicant as principal, and by a corporate surety licensed to do business
in the state of Missouri;
B. The
bond remains in effect until the terms and conditions of the variance are met
and rules and regulations promulgated pursuant thereto are complied
with;
C. It is on file with the
department;
D. It is made payable
to the department; and
E. If the
bond, CD, or letter of credit is cancelled by the issuing agent, submit new
proof of financial responsibility within thirty (30) days of cancellation, or
the provisional variance will be cancelled.
Notes
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No prior version found.