Utah Admin. Code R317-8-1 - General Provisions and Definitions
1.1 COMPARABILITY WITH THE CWA. The UPDES
rule promulgated pursuant to the Utah Water Quality Act is intended to be
compatible with the Federal regulations adopted pursuant to CWA.
1. 2 CONFLICTING PROVISIONS. The provisions
of the UPDES rule are to be construed as being compatible with and
complementary to each other. If any of these provisions are found by a court of
competent jurisdiction to be contradictory, the more stringent provisions shall
apply.
1.3 SEVERABILITY. If any
provision of this rule is found to be invalid by a court of competent
jurisdiction, the remaining UPDES provisions may not be affected or diminished
thereby.
1.4 ADMINISTRATION OF THE
UPDES PROGRAM. The director has responsibility for the administration of the
UPDES program, including pretreatment. The responsibility for the program is
delegated to the director in accordance with Subsection
19-5-104(11) and
Subsection
19-5-107(2)(a).
The director has the responsibility for issuance, denial, modification,
revocation and enforcement of UPDES permits, including general permits, Federal
facilities permits, and sludge permits; and approval and enforcement authority
for the pretreatment program.
1.5
DEFINITIONS. The following terms have the meaning as set forth unless a
different meaning clearly appears from the context or unless a different
meaning is stated in a definition applicable to only a portion of this rule:
(1) "Administrator" means the Administrator
of the United States Environmental Protection Agency, or an authorized
representative.
(2) "Applicable
standards and limitations" means all standards and limitations to which a
discharge, a sewage sludge use or disposal practice, or a related activity is
subject under Subsection
19-5-104(6) of
the Utah Water Quality Act and rules promulgated pursuant thereto, including
effluent limitations, water quality standards, standards of performance, toxic
effluent standards or prohibitions, best management practices, pretreatment
standards, and standards for sewage sludge use or disposal.
(3) "Application" means the forms available
from the division, which are the same as the EPA standard NPDES forms, for
applying for a UPDES permit, including any additions, revisions or
modifications.
(4) "Average monthly
discharge limit" means the highest allowable average of daily discharges over a
calendar month, calculated as the sum of all daily discharge measured during a
calendar month divided by the number of daily discharges measured during the
month.
(5) "Average weekly
discharge limit" means the highest allowable average of daily discharges over a
calendar week, calculated as the sum of all daily discharges measured during a
calendar week divided by the number of daily discharges measured during that
week.
(6) "Best management
practices (BMPs)" means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the
pollution of waters of the state. BMPs also include treatment requirements,
operating procedures, practices to control plant site runoff, spillage or
leaks, sludge or waste disposal or drainage from raw material
storage.
(7) "Class I sludge
management facility" means any POTW required to have an approved pretreatment
program under Section
R317-8-8 and any other treatment
works treating domestic sewage classified as a Class I sludge management
facility by the director, because of the potential for its sludge use or
disposal practices to adversely affect public health and the
environment.
(8) "Continuous
discharge" means a discharge which occurs without interruption throughout the
operating hours of the facility, except for infrequent shutdowns for
maintenance, process changes, or other similar activities.
(9) "CWA" means the Clean Water Act as
subsequently amended (33
U.S.C. 1251 et seq.).
(10) "Daily discharge" means the discharge of
a pollutant measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of sampling. For pollutants
with limitations expressed in units of mass, the daily discharge is calculated
as the total mass of the pollutant discharged over the day. For pollutants with
limitations expressed in other units of measurement, the daily discharge is
calculated as the average measurement of the pollutant over the day.
(11) "Direct discharge" means the discharge
of a pollutant.
(12) "Discharge of
a pollutant" means any addition of any pollutants to "waters of the state" from
any "point source." This definition includes additions of pollutants into
waters of the state from: surface runoff which is collected or channeled by
man; discharges through pipes, sewers, or other conveyances owned by the state,
a municipality, or other person which do not lead to a treatment works; and
discharges through pipes, sewers, or other conveyances, leading into privately
owned treatment works. This term does not include an addition of pollutants by
any "indirect discharger."
(13)
"Economic impact consideration" means the reasonable consideration given by the
director to the economic impact of water pollution control on industry and
agriculture; provided, however, that such consideration shall be consistent and
in compliance with the CWA and EPA promulgated regulations.
(14) "Discharge Monitoring Report (DMR)"
means EPA uniform national form or equivalent state form, including any
subsequent additions, revisions or modifications, for the reporting of
self-monitoring results by permittees.
(15) "Draft permit" means a document prepared
under Subsection R317-8-6 (6.3) indicating the
director's preliminary decision to issue or deny, modify, revoke and reissue,
terminate, or reissue a permit. A notice of intent to terminate a permit, and a
notice of intent to deny a permit are types of draft permits. A denial of a
request for modification, revocation and reissuance, or termination as provided
in Subsection R317-8-5 (5.6) is not a draft
permit. A proposed permit prepared after the close of the public comment period
is not a draft permit.
(16)
"Effluent limitation" means any restriction imposed by the director on
quantities, discharge rates, and concentrations of pollutants which are
discharged from point sources into waters of the state.
(17) "Effluent limitations guidelines" means
a regulation published by the Administrator under Section 304(b) of CWA to
adopt or revise effluent limitations.
(18) "Environmental Protection Agency (EPA)"
means the United States Environmental Protection Agency.
(19) "Facility or activity" means any UPDES
point source, or any other facility or activity, including land or
appurtenances thereto, that is subject to regulation under the UPDES
program.
(20) "General permit"
means any UPDES permit authorizing a category of discharges within a
geographical area, and issued under Subsection
R317-8-2 (2.5).
(21) "Hazardous substance" means any
substance designated under 40 CFR Part 116.
(22) "Indirect discharge" means a nondomestic
discharger introducing pollutants to a publicly owned treatment
works.
(23) "Interstate agency"
means an agency of which Utah and one or more states is a member, established
by or under an agreement or compact, or any other agency, of which Utah and one
or more other states are members, having substantial powers or duties
pertaining to the control of pollutants.
(24) "Major facility" means any UPDES
facility or activity classified as such by the director in conjunction with the
Regional Administrator.
(25)
"Maximum daily discharge limitation" means the highest allowable daily
discharge.
(26) "Municipality"
means a city, town, district, county, or other public body created by or under
the state law and having jurisdiction over disposal of sewage, industrial
wastes, or other wastes. For purposes of this rule, an agency designated by the
governor under Section 208 of the CWA is also considered to be a
municipality.
(27) "National
Pollutant Discharge Elimination System (NPDES)" means the national program for
issuing, modifying, revoking and reissuing, terminating, monitoring and
enforcing permits, and imposing and enforcing pretreatment requirements under
Sections 307, 402, 318 and 405 of the CWA.
(28) "New discharger" means any building,
structure, facility, or installation:
(a) from
which there is or may be a "discharge of pollutants;"
(b) that did not commence the "discharge of
pollutants" at a particular "site" before August 13, 1979;
(c) which is not a "new source;"
and
(d) which has never received a
finally effective UPDES permit for discharges at that "site."
This definition includes an "indirect discharger" which commenced discharging into waters of the state after August 13, 1979.
(29) "New source" means
any building, structure, facility, or installation from which there is or may
be a direct or indirect discharge of pollutants, the construction of which
commenced;
(a) after promulgation of EPA's
standards of performance under Section 306 of CWA which are applicable to such
source; or
(b) after proposal of
Federal standards of performance in accordance with Section 306 of CWA which
are applicable to such source, but only if the Federal standards are
promulgated in accordance with Section 306 within 120 days of their
proposal.
(30)
"Non-continuous or batch discharge" for a discharge to be considered a
non-continuous or batch discharge the following must apply:
(a) frequency of a non-continuous or batch
discharge:
(i) may not occur more than once
every three weeks;
(ii) may not be
more than once during the three weeks; and
(iii) may not exceed 24 hours; and
(b) may not cause a slug load at
the POTW.
(31) "Owner or
operator" means the owner or operator of any facility or activity subject to
regulation under the UPDES program.
(32) "Permit" means an authorization,
license, or equivalent control document issued by the director to implement the
requirements of the UPDES rules. "Permit" includes a UPDES "general permit."
The term does not include any document which has not yet been the subject of
final agency action, such as a draft permit or a proposed permit.
(33) "Person" means any individual,
corporation, partnership, association, company or body politic, including any
agency or instrumentality of the United States government.
(34) "Point source" means any discernible,
confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel or other
floating craft, from which pollutants are or may be discharged. This term does
not include agricultural storm water runoff or return flows from irrigated
agriculture.
(35) "Pollutant"
means, for this rule, dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials except those regulated under the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharged into water. It does not mean:
(a) sewage from vessels; or
(b) water, gas, or other material which is
injected into a well to facilitate production of oil or gas, or water derived
in association with oil and gas production and disposed of in a well, if the
well used either to facilitate production or for disposal purposes is approved
by authority of the State in which the well is located, and if the State
determines that the injection or disposal will not result in the degradation of
ground or surface water resources.
(36) "Pollution" means any man-made or
man-induced alteration of the chemical, physical, biological, or radiological
integrity of any waters of the state, unless such alteration is necessary for
the public health and safety. Alterations which are not consistent with the
requirements of the CWA and implementing regulations may not be deemed to be
alterations necessary for the public health and safety. A discharge not in
accordance with Utah Water Quality Standards, stream classification, and UPDES
permit requirements, including technology-based standards shall be deemed to be
pollution.
(37) "Primary industry
category" means any industry category listed in Subsection
R317-8-3 (3.11).
(38) "Privately owned treatment works" means
any device or system which is used to treat wastes from any facility whose
operator is not the operator of the treatment works and which is not a
POTW.
(39) "Process wastewater"
means any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material,
intermediate product, finished product, byproduct, or waste product.
(40) "Proposed permit" means a UPDES permit
prepared after the close of the public comment period and, when applicable, any
public hearing and adjudicative proceedings, which is sent to EPA for review
before final issuance by the director. A proposed permit is not a draft
permit.
(41) "Publicly owned
treatment works" (POTW) means any facility for the treatment of pollutants
owned by the state, its political subdivisions, or other public entity. For
this rule, POTW includes sewers, pipes or other conveyances conveying
wastewater to a POTW providing treatment, treatment of pollutants includes
recycling and reclamation, and pollutants refers to municipal sewage or
industrial wastes of a liquid nature.
(42) "Recommencing discharger" means a source
which resumes discharge after terminating operation.
(43) "Regional Administrator" means the
Regional Administrator of the Region VIII office of the EPA or the authorized
representative of the Regional Administrator.
(44) "Schedule of compliance" means a
schedule of remedial measures included in a permit, including an enforceable
sequence of interim requirements leading to compliance with the Utah Water
Quality Act and rules promulgated pursuant thereto.
(45) "Secondary industry category" means any
industry category which is not a primary industry category.
(46) "Septage" means the liquid and solid
material pumped from a septic tank, cesspool, or similar domestic sewage
treatment system, or a holding tank when the system is cleaned or
maintained.
(47) "Seven consecutive
day discharge limit" means the highest allowable average of daily discharges
over a seven consecutive day period.
(48) "Sewage from vessels" means human body
wastes and the wastes from toilets and other receptacles intended to receive or
retain body wastes that are discharged from vessels and regulated under Section
312 of CWA.
(49) "Sewage sludge"
means any solid, semi-solid, or liquid residue removed during the treatment of
municipal wastewater or domestic sewage. Sewage sludge includes solids removed
during primary, secondary or advanced wastewater treatment, scum, septage,
portable toilet dumpings, type III marine sanitation device pumpings, and
sewage sludge products. Sewage sludge does not include grit or screenings, or
ash generated during the incineration of sewage sludge.
(50) "Sewage sludge use or disposal practice"
means the collection, storage, treatment, transportation, processing,
monitoring, use, or disposal of sewage sludge.
(51) "Site" means the land or water area
where any "facility or activity" is physically located or conducted, including
adjacent land used in connection with the facility or activity.
(52) "Sludge-only facility" means any
treatment works treating domestic sewage whose methods of sewage sludge use or
disposal are subject to rules promulgated pursuant to Section
19-5-104 of the Utah Water Quality
Act and which is required to obtain a permit under Subsection
R317-8-2 (2.1).
(53) "Standards for sewage sludge use or
disposal" means the rules promulgated pursuant to Section 19-5-104 of the Utah
Water Quality Act which govern minimum requirements for sludge quality,
management practices, and monitoring and reporting applicable to sewage sludge
or the use or disposal of sewage sludge by any person.
(54) "State/EPA Agreement" means an agreement
between the State and the Regional Administrator which coordinates State and
EPA activities, responsibilities and programs, including those under the CWA
programs.
(55) "Thirty consecutive
day discharge limit" means the highest allowable average of daily discharges
over a 30 consecutive day period.
(56) "Toxic pollutant" means any pollutant
listed as toxic in Subsection
R317-8-7 (7.6) or, in the case
of sludge use or disposal practices, any pollutant identified as toxic in state
adopted rules for the disposal of sewage sludge.
(57) "Treatment works treating domestic
sewage" means a POTW or any other sewage sludge or waste water treatment
devices or systems, regardless of ownership, including federal facilities, used
in the storage, treatment, recycling, and reclamation of municipal or domestic
sewage, including land dedicated for the disposal of sewage sludge. This
definition does not include septic tanks or similar devices. For purposes of
this definition, "domestic sewage" includes waste and waste water from humans
or household operations that are discharged to or otherwise enter a treatment
works.
(58) "Variance" means any
mechanism or provision under the UPDES rules which allows modification to or
waiver of the generally applicable effluent limitation requirements or time
deadlines.
(59) "Waters of the
state":
(a) means streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation systems, drainage
systems, and other bodies or accumulations of water, surface and underground,
natural or artificial, public or private, which are contained within, flow
through, or border upon this state or any portion of the state: and
(b) does not include bodies of water confined
to and retained within the limits of private property, and that do not develop
into or constitute a nuisance, a public health hazard, or a menace to fish or
wildlife. The exception for confined bodies of water does not apply to any
waters that meet the definition of "waters of the United States" under
40 CFR
122.2. Waters are considered to be confined
to and retained within the limits of private property only if there is no
discharge or seepage to either surface water or groundwater. Waters of the
state includes "wetlands" as defined in the Federal Clean Water
Act.
(60) "Wetlands"
means those areas that are inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support, and that under normal
circumstance do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.
(61) "Whole
effluent toxicity" means the aggregate toxic effect of an effluent as measured
directly by a toxicity test.
(62)
"Utah Pollutant Discharge Elimination System (UPDES)" means the state-wide
program for issuing, modifying, revoking and reissuing, terminating, monitoring
and enforcing permits, and imposing and enforcing pretreatment requirements
under the Utah Water Quality Act.
1.6 DEFINITIONS APPLICABLE TO STORM WATER
DISCHARGES.
(1) "Co-Permittee" means a
permittee to a UPDES permit that is only responsible for permit conditions
relating to the discharge for which it is operator.
(2) "Illicit discharge" means any discharge
to a municipal separate storm sewer that is not composed entirely of storm
water except discharges pursuant to a UPDES permit, other than the UPDES permit
for discharges from the municipal separate storm sewer, and discharges
resulting from fire fighting activities.
(3) "Incorporated place" means a city or town
that is incorporated under the laws of Utah.
(4) "Large municipal separate storm sewer
system" means all municipal separate storm sewers that are:
(a) Located in an incorporated place with a
population of 250,000 or more as determined by the 1990 Decennial Census by the
Bureau of Census; or
(b) Located in
counties with unincorporated urbanized areas with a population of 250,000 or
more according to the 1990 Decennial Census by the Bureau of Census, except
municipal separate storm sewers that are located in the incorporated places,
townships or towns within the County; or
(5) "Major municipal separate storm sewer
outfall" or "major outfall" means a municipal separate storm sewer outfall that
discharges from a single pipe with an inside diameter of 36 inches or more or
its equivalent, i.e. discharge from a single conveyance other than circular
pipe which is associated with a drainage area of more than 50 acres; or for
municipal separate storm sewers that receive storm water from lands zoned for
industrial activity, based on comprehensive zoning plans or the equivalent, an
outfall that discharges from a single pipe with an inside diameter of 12 inches
or more or from its equivalent, i.e. discharge from other than a circular pipe
associated with a drainage area of 2 acres or more.
(6) "Major outfall" means a major municipal
separate storm sewer outfall.
(7)
"Maximum Extent Practicable" (MEP) means the technology-based discharge
standard for Municipal Separate Storm Sewer Systems established by Paragraph
402(p)(3)(B)(iii) of the Federal Clean Water Act (CWA), which states that
permits for discharges from municipal storm sewers shall require controls to
reduce the discharge of pollutants to the maximum extent practicable, including
management practices, control techniques, and system, design, and engineering
methods, and other such provisions as the Administrator or the state determines
appropriate for the control of such pollutants.
(8) "Medium municipal separate storm sewer
system" means all municipal separate storm sewers that are:
(a) Located in an incorporated place with a
population of 100,000 or more but less than 250,000, as determined by the 1990
Decennial Census by the Bureau of Census;
(b) Located in counties with unincorporated
urbanized areas with a population greater than 100,000 but less than 250,000 as
determined by the 1990 Decennial Census by the Bureau of the Census;
or
(c) Owned or operated by a
municipality other than those described in Subsections
R317-8-1 (1.6)(4)(a) and (b) and
that are designated by the director as part of the large or medium municipal
separate storm sewer system. See Subsection
R317-8-11 (11.3)(6)(b) for
provisions regarding this definition.
(9) "MS4" means a municipal separate storm
sewer system.
(10) "Municipal
separate storm sewer system" means all separate storm sewers that are defined
as "large" or "medium" or "small" municipal separate storm sewer systems
pursuant to Subsections
R317-8-1 (1.6)(4), (8), and
(15), or designated under Subsection
R317-8-11
(11.3)(1)(a)(6).
(11) "Outfall"
means a point source at the point where a municipal separate storm sewer
discharges to waters of the state and does not include open conveyances
connecting two municipal separate storm sewers, or pipes, tunnels or other
conveyances which connect segments of the same stream or other waters of the
state and are used to convey waters of the state.
(12) "Overburden" means any material of any
nature, consolidated or unconsolidated, that overlies a mineral deposit,
excluding topsoil or similar naturally occurring surface materials that are not
disturbed by mining operations.
(13) "Runoff coefficient" means the fraction
of total rainfall that will appear at a conveyance as runoff.
(14) "Significant materials" means raw
materials; fuels; materials such as solvents, detergents, and plastic pellets;
finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under Section 101(14)
of the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA): any chemical the facility is required to report pursuant to Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA):
fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with storm water discharges.
(15) "Small municipal separate storm sewer
system" means all separate storm sewers that are:
(a) Owned or operated by the United States,
the state, city, town, county, district, association, or other public body
created by or pursuant to state law, having jurisdiction over disposal of
sewage, industrial waste, storm water, or other wastes, including special
districts under state law such as a sewer district, flood control district or
drainage district, or similar entity, or a designated and approved management
agency under Section 208 of the CWA that discharges to waters of the
state.
(b) Not defined as "large"
or "medium" municipal separate storm sewer system pursuant to Subsections
R317-8-1 (1.6)(4) and (8), or
designated under Subsection
R317-8-11
(11.3)(1)(a)(6).
(c) This term
includes systems similar to separate storm sewer systems in municipalities,
such as systems at military bases, large hospital or prison complexes, and
highways and other thoroughfares. The term does not include separate storm
sewers in very discrete areas, such as individual
buildings.
(16) "Small
MS4" means a small municipal separate storm sewer system.
(17) "Storm water" means storm water runoff,
snow melt runoff, and surface runoff and drainage.
(18) "Storm water discharge associated with
industrial activity" means the discharge from any conveyance which is directly
related to manufacturing, processing or raw materials storage areas at an
industrial plant. The term does not include discharges from facilities or
activities excluded from the UPDES program. See Subsections
R317-8-11 (11.3)(6)(c) and (d)
for provisions applicable to this definition.
(19) "Uncontrolled sanitary landfill means a
landfill or open dump, whether in operation or closed, that does not meet the
requirements for runon or runoff controls established pursuant to subtitle D of
the Solid Waste Disposal Act.
1.7 ABBREVIATIONS AND ACRONYMS. The listed
abbreviations and acronyms, as used throughout the UPDES rule, shall have these
meanings:
(1) "BAT" means best available
technology economically achievable;
(2) "BCT" means best conventional pollutant
control technology;
(3) "BMPs"
means best management practices;
(4) "BOD" means biochemical oxygen
demands;
(5) "BPT" means best
practicable technology currently available;
(6) "CFR" means Code of Federal
Regulations;
(7) "COD" means
chemical oxygen demand;
(8) "CWA"
means the Federal Clean Water Act;
(9) "DMR" means discharge monitoring
report;
(10) "NPDES" means National
Pollutant Discharge Elimination System;
(11) "POTW" means publicly owned treatment
works;
(12) "SIC" means standard
industrial classification;
(13)
"TDS" means total dissolved solids;
(14) "TSS" means total suspended
solids;
(15) "UPDES" means Utah
Pollutant Discharge Elimination System;
(16) "UWQB" means the Utah Water Quality
Board;
(17) "WET" means whole
effluent toxicity.
1.8
UPGRADE AND RECLASSIFICATION. Upgrading or reclassification of waters of the
state by the Utah Water Quality Board may be done periodically, but only using
procedures and in a manner consistent with the requirements of state and
federal law.
1.9 PUBLIC
PARTICIPATION. The division will investigate and provide written response to
all citizen complaints. In addition, the director may not oppose intervention
in any civil or administrative proceeding by any citizen where permissive
intervention may be authorized by statute, rule or regulation. The director
will publish notice of and provide at least 30 days for public comment on any
proposed settlement of any enforcement action.
1.10 INCORPORATION OF FEDERAL REGULATIONS BY
REFERENCE. The state adopts the following Federal standards and procedures,
effective as of December 8, 1999 unless otherwise noted, which are incorporated
by reference:
(1) 40 CFR 129 (Toxic Effluent
Standards) with the following exceptions:
(a)
Substitute "UPDES" for all federal regulation references to "NPDES".
(b) Substitute director of the Division of
Water Quality for all federal regulation references to "State
Director".
(2) 40 CFR 133 (Secondary Treatment
Regulation) with the following exceptions:
(b)
40 CFR
133.105.
(c) Substitute "UPDES" or "Utah Pollutant
Discharge Elimination System" for all federal regulation references for "NPDES"
or "National Pollutant Discharge Elimination System", respectively.
(d) Substitute director of the Division of
Water Quality for all federal regulation references to "State Director" in
40 CFR
133.103.
(3) 40 CFR 136 (Guidelines Establishing Test
Procedures for the Analysis of Pollutants)
(4)
40 CFR
403.6 (National Pretreatment Standards and
Categorical Standards), effective as of May 16, 2008, with the following
exception:
(a) Substitute director of the
Division of Water Quality for all federal regulation references to
"director".
(5)
40 CFR
403.7, effective as of May 16, 2008, (Removal
Credits)
(6)
40 CFR
403.13, effective as of May 16, 2008,
(Variances from Categorical Pretreatment Standards for Fundamentally Different
Factors)
(8) 40 CFR Part 412,
effective as of July 30, 2012, with the following changes:
(a) Substitute director of the Division of
Water Quality for all federal regulation references to "director".
(b) Substitute "UPDES" for all federal
regulation references to "NPDES".
(c) Substitute "surface waters" of the state
for all federal regulation references to "surface water," "waters of the United
States," "navigable waters," or "U.S. waters."
(10) 40 CFR 503 (Standards for the Use or
Disposal of Sewage Sludge), effective as of the date that responsibility for
implementation of the federal Sludge Management Program is delegated to the
state except as provided in Subsection
R317-1-6 (6.4), with the
following changes:
(a) Substitute director of
the Division of Water Quality for all federal regulation references to
"director".
(11)
40 CFR
122.30
(12)
40 CFR
122.32
(a)
In 122.32(a)(2), replace the reference 122.26(f) with Subsection
R317-8-11
(11.3)(5).
(13)
40 CFR
122.33
(a)
In 122.33(b)(2)(i), replace the reference 122.21(f) with Subsection
R317-8-3 (3.1)(6).
(b) In 122.33(b)(2)(i), replace the reference
122.21(f)(7) with Subsection
R317-8-3 (3.1)(6)(g).
(c) In 122.33(b)(2)(ii), replace the
reference 122.26(d)(1) and (2) with Subsection
R317-8-11 (11.3)(3)(a)
(d) In 122.33(b)(3), replace the reference
122.26 with Rule R317-8.
(14)
40 CFR
122.34
(a)
In 122.34(b)(4)(i), replace the reference 122.26(b)(15)(i) with Subsection
R317-8-11
(11.3)(6)(e)(1).
(b) In 122.34(f),
replace the references 122.41 through 122.49 with Subsections
R317-8-4 (4.1) through
R317-8-5 (5.4).
(c) In 122.34(g)(2), replace the reference
122.7 with Subsection
R317-8-3
(3.3).
(16)
40 CFR
122.36
(17) For the references Subsections
R317-8-1 (1.10)(12), (13), (14),
(15), and (16), make the following substitutions:
(a) Substitute the director of the Division
of Water Quality for the "NPDES permitting authority"
(b) Substitute "UPDES" for "NPDES"
(18) Effective as of July 30,
2012, 40 CFR
122.21(i) Application
requirements for new and existing concentrated animal feeding operations and
aquatic animal production facilities,
40 CFR
122.23 Concentrated animal feeding
operations, 40 CFR
122.2 8(b)(2) Authorization to discharge,
40 CFR
122.42(e) Additional
conditions applicable to specified categories of NPDES permits,
40 CFR
122.62(a)(17) Modification
or revocation and reissuance of permits, Nutrient Management Plans, and
40 CFR
122.63(h) Minor modification
of permits, changes to the terms of a CAFO's Nutrient Management Plan, with the
following substitutions:
(a) Substitute
"director of the Division of Water Quality" for all federal regulation
references to "director" or "State Director".
(b) Substitute "UPDES" for all federal
regulation references to "NPDES".
(c) Substitute "surface waters of the state"
for all federal regulation references to "surface water," "waters of the United
States," "navigable waters," or "U.S. waters."
(19) Effective as of November 1, 2024, 40 CFR
125.80-99, with the following substitutions:
(a) Substitute "director of the Division of
Water Quality" for all federal regulation references to "Director."
(b) Substitute "UPDES" for all federal
regulation references to "NPDES."
(c) Substitute "surface waters of the state"
for all federal regulation references to "waters of the United States" or
"waters of the U.S."
Notes
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No prior version found.