Utah Admin. Code R317-8-2 - Scope and Applicability
2.1
APPLICABILITY OF THE UPDES REQUIREMENTS. The UPDES program requires permits for
the discharge of pollutants from any point source into waters of the State. The
program also applies to owners or operators of any treatment works treating
domestic sewage, whether or not the treatment works is otherwise required to
obtain a UPDES permit in accordance with
R317-8-8. Prior to
promulgation of State rules for sewage sludge use and disposal, the Director
shall impose interim conditions in permits issued for publicly owned treatment
works or take such other measures as the Director deems appropriate to protect
public health and the environment from any adverse affects which may occur from
toxic pollutants in sewage sludge.
(1)
Specific inclusions. The following are examples of specific categories of point
sources requiring UPDES permits for discharges. These terms are further defined
in R317-8-3.5 through R317-8-10.9:
(a)
Concentrated animal feeding operations;
(b) Concentrated aquatic animal production
facilities;
(c) Discharges into
aquaculture projects;
(d) Storm
water discharges;
(e) Silvicultural
point sources; and
(f) Pesticide
discharges.
(2) Specific
exclusions. The following discharges do not require UPDES permits:
(a) Any discharge of sewage from vessels,
effluent from properly functioning marine engines, laundry, shower, and galley
sink wastes, or any other discharge incidental to the normal operation of a
vessel. This exclusion does not apply to rubbish, trash, garbage, or other such
materials discharged overboard; nor to other discharges when the vessel is
operating in a capacity other than as a means of transportation such as when
used as an energy or mining facility, a storage facility or a seafood
processing facility, or when secured to storage facility or a seafood
processing facility, or when secured in waters of the state for the purpose of
mineral or oil exploration or development.
(b) Discharges of dredged or fill material
into waters of the State which are regulated under Section 404 of
CWA.
(c) The introduction of
sewage, industrial wastes, or other pollutants into publicly owned treatment
works by indirect dischargers. Plans or agreements to switch to this method of
disposal in the future do not relieve dischargers of the obligation to have and
comply with permits until all discharges of pollutants to waters of the State
are eliminated. This exclusion does not apply to the introduction of pollutants
to privately owned treatment works or to other discharges through pipes,
sewers, or other conveyances owned by the State, a municipality, or other party
not leading to treatment works.
(d)
Any discharge in compliance with the instructions of an on-scene coordinator
pursuant to 40 CFR 300 (The National Oil and Hazardous Substances Pollution
Contingency Plan) or 33 CFR 153.10(e) (Pollution by Oil and Hazardous
Substances).
(e) Any introduction
of pollutants from non-point source agricultural and silvicultural activities,
including storm water runoff from orchards, cultivated crops, pastures,
rangelands, and forest lands, but not discharges from concentrated animal
feeding operations as defined in
R317-8-10,
discharges from concentrated aquatic animal production facilities as defined in
R317-8-3.7, discharges to aquaculture projects as defined in R317-8-3.8, and
discharges from silvicultural point sources as defined in
R317-8-3.10.
(f) Return flows from
irrigated agriculture.
(g)
Discharges into a privately owned treatment works, except as the Director may
otherwise require under R317-8-4.2(12).
(h) Authorizations by permit or by rule which
are prepared to assure that underground injection will not endanger drinking
water supplies, and which are issued under the state's Underground Injection
Control program; and underground injections and disposal wells which are
permitted by the Director pursuant to Part VII of the Utah Wastewater Disposal
Regulations or the Board of Oil, Gas and Mining, Class II.
(i) Discharges which are not regulated by the
U.S. EPA under Section 402 of the Clean Water Act.
(3) Requirements for permits on a
case-by-case basis.
(a) Various sections of
R317-8 allow the Director to determine, on a case-by-case basis, that certain
concentrated animal feeding operations, concentrated aquatic animal production
facilities, separate storm sewers and certain other facilities covered by
general permits that do not generally require an individual permit may be
required to obtain an individual permit because of their contributions to water
pollution.
(b) Whenever the
Director decides that an individual permit is required as specified in
R317-8-2.1(3)(a), the Director shall notify the discharger in writing of that
decision and the reasons for it, and shall send an application form with the
notice. The discharger shall apply for a permit within 60 days of receipt of
notice, unless permission for a later date is granted by the Director. The
question whether the determination was proper will remain open for
consideration during the public comment period and in any subsequent
adjudicative proceeding.
(c) Prior
to a case-by-case determination that an individual permit is required for a
storm water discharge, the Director may require the discharger to submit a
permit application or other information regarding the discharge. In requiring
such information, the Director shall notify the discharger in writing and shall
send an application form with the notice. The discharger must apply for a
permit within 60 days of notice, unless permission for a later date is granted
by the Director. The question whether the determination was proper will remain
open for consideration during the public comment period and in any subsequent
adjudicative proceeding.
2.2 PROHIBITIONS. No permit may be issued by
the Director:
(1) When the conditions of the
permit do not provide for compliance with the applicable requirements of the
Utah Water Quality Act, as amended, or rules promulgated pursuant
thereto;
(2) When the Regional
Administrator has objected to issuance of the permit in writing under the
procedures specified in
40 CFR
123.44;
(3) When the imposition of conditions cannot
ensure compliance with the applicable water quality requirements of Utah and
all affected states;
(4) When, in
the judgment of the Secretary of the U.S. Army, acting through the Chief of
Engineers, anchorage and navigation in or on any of the waters of the United
States would be substantially impaired by the discharge;
(5) For the discharge of any radiological,
chemical, or biological warfare agent or high-level radioactive
waste;
(6) For any discharge
inconsistent with a plan or plan amendment approved under Section 208(b) of
CWA.
(7) To a new source or a new
discharger, if the discharge from its construction or operation will cause or
contribute to the violation of water quality standards. The owner or operator
of a new source or new discharger proposing to discharge into a water segment
which does not meet Utah water quality standards or is not expected to meet
those standards even after the application of the effluent limitations required
by the UPDES rules and for which the Director has performed a wasteload
allocation for the pollutants to be discharged, must demonstrate, before the
close of the public comment period, that:
(a)
There are sufficient remaining wasteload allocations to allow for the
discharge; and
(b) The existing
dischargers into the segment are subject to schedules of compliance designed to
bring the segment into compliance with Utah Water Quality Standards. (See
R317-2.)
2.3
VARIANCE REQUESTS BY NON-POTW'S. A discharger which is not a publicly owned
treatment works (POTW) may request a variance from otherwise applicable
effluent limitations under any of the following statutory or regulatory
provisions within the time period specified in this section:
(1) Fundamentally different factors.
(a) A request for a variance based on the
presence of "fundamentally different factors" from those on which the effluent
limitations guideline was based shall be filed as follows:
1. For a request for a variance from best
practicable control technology currently available (BPT) by the close of the
public comment period under R317-8-6.5.
2. For a request for a variance from best
available technology economically achievable (BAT) and/or best conventional
pollutant control technology (BCT) by no later than:
a. July 3, 1989, for a request on an effluent
limitation guideline promulgated before February 4, 1987, to the extent July 3,
1989 is not later than that provided under previously promulgated regulations:
or
b. 180 days after the date on
which an effluent limitation guideline is published in the Federal Register for
a request based on an effluent limitation guideline promulgated on or after
February 4, 1987.
3.
Requests should be filed with the Director. A request filed with EPA shall be
considered to be a request filed under the UPDES program.
(b) The request shall explain how the
requirements of the applicable regulatory and statutory criteria have been
met.
(2)
Non-conventional pollutants. A request for a variance from the BAT requirements
for CWA section 301(b)(2)(F) pollutants (commonly called "non-conventional"
pollutants) pursuant to Section 301(c) of CWA because of the economic
capability of the owner or operator, or pursuant to section 301(g) of the CWA
(provided, however, that 301(g) variance may only be requested for ammonia;
chlorine; color; iron; total phenols (4AAP) (when determined by the Director to
be a pollutant covered by section 301(b)(2)(F)) and any other pollutant listed
by the Administrator under Section 301((g)(4) of the CWA) must be filed as
follows:
(a) For those requests for a
variance from an effluent limitation based upon an effluent limitation
guideline by:
1. Filing an initial request
with the Director stating the name of the discharger, the permit number, the
outfall number(s), the applicable effluent guideline, and the nature of the
modification being requested. This request must have been filed not later than:
a. September 25, 1978, for a pollutant which
is controlled by a BAT effluent limitation guideline promulgated before
December 27, 1977: or
b. 270 days
after promulgation of an applicable effluent limitation guideline for
guidelines promulgated after December 27, 1977: and
2. Submitting a completed request no later
than the close of the public comment period under R317-8-6.5 demonstrating that
the requirements of R317-8-6.8 and the applicable requirements of R317-8-8.8
have been met. Notwithstanding this provision, the complete application for a
request shall be filed 180 days before the Director must make a decision
(unless the Director establishes a shorter or longer period). For those
requests for a variance from effluent limitations not based on effluent
limitation guidelines, the request need only comply with R317-8-2.3(2)(a)(2)
and need not be preceded by an initial request under
R317-8-2.3(2)(a)(2).
3. Requests
should be filed with the Director. A request filed with EPA shall be considered
to be a request filed under the UPDES program.
(3) Delay in construction of POTW. An
extension of the Federal statutory deadlines based on delay in completion of a
POTW into which the source is to discharge must have been requested on or
before June 26, 1978 or 180 days after the relevant POTW requested an extension
under R317-8-2.7, whichever is later, but in no event may this date have been
later than January 30, 1988. The request shall explain how the requirements of
40 CFR Part 125, Subpart J have been met.
(4) Innovative technology. An extension from
the Federal statutory deadline for best available technology, or for best
conventional pollutant control technology, based on the use of innovative
technology may be requested no later than the close of the public comment
period under Section R317-8-6.5 for the discharger's initial permit requiring
compliance with best available technology or best conventional pollutant
control technology. The request shall demonstrate that the requirements of
Section R317-8-6.8 and 8-5.6 have been met.
(5) Thermal discharges. A variance for the
thermal component of any discharge must be filed with a timely application for
a permit under
R317-8-3
except that if thermal effluent limitations are established by EPA or are based
on water quality standards the request for a variance may be filed by the close
of the public comment period under R317-8-6.5.
(6) Water Quality Related Effluent
Limitations. A modification of requirements for achieving water quality-related
effluent limitations may be requested no later than the close of the public
comment period under R317-8-6.5 on the permit from which the modification is
sought.
2.4 EXPEDITED
VARIANCE PROCEDURES AND TIME EXTENSIONS. Notwithstanding the time requirements
in R317-8-2.3, the Director may notify a permit applicant before a draft permit
is issued under R317-8-6.3 that the draft permit will likely contain
limitations which are eligible for variances.
(1) In the notice the Director may require
that the applicant, as a condition of consideration of any potential variance
request, submit a request explaining how the requirements of
R317-8-7
applicable to the variance have been met. The Director may require the
submittal within a specified reasonable time after receipt of the notice. The
notice may be sent before the permit application has been submitted. The draft
or final permit may contain the alternative limitations which may become
effective upon final grant of the variance.
(2) A discharger who cannot file a timely
complete request required under R317-8-2.3(2) may request an extension. The
extension may be granted or denied at the discretion of the Director.
Extensions will be no more than six months in duration.
2.5 GENERAL PERMITS
(1) Coverage. The Director may issue a
general permit in accordance with the following:
(a) Area. The general permit will be written
to cover a category of discharges or sludge use or disposal practices or
facilities described in the permit under paragraph (b) of this subsection,
except those covered by individual permits, within a geographic area. The area
will correspond to existing geographic or political boundaries, such as:
1. Designated planning areas under Sections
208 and 303 of CWA;
2. City,
county, or state political boundaries;
3. State highway systems;
4. Standard metropolitan statistical areas as
defined by the U.S. Office of Management and Budget;
5. Urbanized areas as designated by the U.S.
Bureau of the Census, consistent with the U.S. Office of Management and
Budget;
6. Any other appropriate
division or combination of boundaries as determined by the Director.
(b) Sources. The general permit
will be written to regulate, within the area described in R317-8-2.5(a),
either;
1. Storm water point sources;
or
2. A category of point sources
other than storm water point sources, or a category of treatment works,
treating domestic sewage, if the sources or treatment works treating domestic
sewage all:
a. Involve the same or
substantially similar types of operations;
b. Discharge the same types of wastes or
engage in the same types of sludge use or disposal practices.
c. Require the same effluent limitations,
operating conditions, or standards for sludge use or disposal;
d. Require the same or similar monitoring;
and
e. In the opinion of the
Director, are more appropriately controlled under a general permit than under
individual permits.
(2) Administration.
(a) General permits may be issued, modified,
revoked and reissued, or terminated in accordance with applicable requirements
of
R317-8-6.
(b) Authorization to discharge, or
authorization to engage in sludge use and disposal practices.
1. Except as provided in paragraphs (2)(b)5.
and (2)(b)6. of this section, discharges (or treatment works treating domestic
sewage) seeking coverage under a general permit shall submit to the Director a
written notice of intent to be covered by the general permit. A discharger (or
treatment works treating domestic sewage) who fails to submit a notice of
intent in accordance with the terms of the permit is not authorized to
discharge, (or in the case of sludge use or disposal practice), under the terms
of the general permit unless the general permit, in accordance with paragraph
(2)(b)5. of this section, contains a provision that a notice of intent is not
required or the Director notifies a discharger (or treatment works treating
domestic sewage) that it is covered by a general permit in accordance with
paragraph (2)(b)6. of this section. A complete and timely, notice of intent
(NOI), to be covered in accordance with general permit requirements, fulfills
the requirements for permit applications for purposes of R-317-8-3.
2. The contents of the notice of intent shall
be specified in the general permit and shall require the submission of
information necessary for adequate program implementation, including at a
minimum, the legal name and address of the owner or operator, the facility name
and address, type of facility of discharges, and the receiving stream(s).
General permits for storm water discharges associated with industrial activity
from inactive mining, inactive oil and gas operations, or inactive landfill
occurring on Federal lands where an operator cannot be identified may contain
alternative notice of intent requirements. Notices of intent for coverage under
a general permit for concentrated animal feeding operations must include the
information specified in
R317-8-10,
including a topographic map. All notices of intent shall be signed in
accordance with R317-8-3.3.
3.
General permits shall specify the deadlines for submitting notices of intent to
be covered and the date(s) when a discharger is authorized to discharge under
the permit;
4. General permits
shall specify whether a discharger (or treatment works treating domestic
sewage) that has submitted a complete and timely notice of intent to be covered
in accordance with the general permit and that is eligible for coverage under
the permit, is authorized to discharge, (or in the case of a sludge disposal
permit, to engage in a sludge use for disposal practice), in accordance with
the permit either upon receipt of the notice of intent by the Director, after a
waiting period specified in the general permit, on a date specified in the
general permit, or upon receipt of notification of inclusion by the Director.
Coverage may be terminated or revoked in accordance with paragraph (2)(c) of
this section.
5. Discharges other
than discharges from publicly owned treatment works, combined sewer overflows,
municipal separate storm sewer systems, primary industrial facilities, and
storm water discharges associated with industrial activity, may, at the
discretion of the Director, be authorized to discharge under a general permit
without submitting a notice of intent where the Director finds that a notice of
intent requirement would be inappropriate. In making such a finding, the
Director shall consider: the type of discharge; the potential for toxic and
conventional pollutants in the discharges; the expected volume of the
discharges covered by the permit; and the estimated number of discharges to be
covered by the permit. The Director shall provide in the public notice of the
general permit the reasons for not requiring a notice of intent.
6. The Director may notify a discharger (or
treatment works treating domestic sewage) that it is covered by a general
permit, even if the discharger (or treatment works treating domestic sewage)
has not submitted a notice of intent to be covered. A discharger (or treatment
works treating domestic sewage) so notified may request an individual permit
under paragraph R317-8-2.5(2)(c).
(c) Requiring an individual permit.
1. The Director may require any person
authorized by a general permit to apply for and obtain an individual UPDES
permit. Any interested person may petition the Director to take action under
R317-8-2.4. Cases where an individual UPDES permit may be required include the
following:
a. The discharge(s) is a
significant contributor of pollutants. In making this determination, the
Director may consider the following factors:
i. The location of the discharge with respect
to waters of the State;
ii. The
size of the discharge;
iii. The
quantity and nature of the pollutants discharged to waters of the State;
and
iv. Other relevant
factors;
b. The
discharger or treatment works treating domestic sewage is not in compliance
with the conditions of the general UPDES permit;
c. A change has occurred in the availability
of demonstrated technology or practices for the control or abatement of
pollutants applicable to the point source or treatment works treating domestic
sewage;
d. Effluent limitation
guidelines are promulgated for point sources covered by the general UPDES
permit;
e. A Utah Water Quality
Management Plan containing requirements applicable to such point sources is
approved;
f. Standards for sewage
sludge use or disposal have been promulgated for the sludge use and disposal
practices covered by the general UPDES permit; or
2. Any owner or operator authorized by a
general permit may request to be excluded from the coverage of the general
permit by applying for an individual permit. The owner or operator shall submit
an application under R317-8-3.1 to the Director with reasons supporting the
request. The request shall be submitted no later than ninety (90) days after
the notice by the Director in accordance with R317-8-6.5. If the reasons cited
by the owner or operator are adequate to support the request, the Director may
issue an individual permit.
3. When
an individual UPDES permit is issued to an owner or operator otherwise subject
to a general UPDES permit, the applicability of the general permit to the
individual UPDES permittee is automatically terminated on the effective date of
the individual permit.
4. A source
excluded from a general permit solely because he already has an individual
permit may request that the individual permit be revoked. The permittee shall
then request to be covered by the general permit. Upon revocation of the
individual permit, the general permit shall apply to the source.
2.6 DISPOSAL
OF POLLUTANTS INTO WELLS, INTO POTWS OR BY LAND APPLICATION.
(1) The Director may issue UPDES permits to
control the disposal of pollutants into wells when necessary to protect the
public health and welfare, and to prevent the pollution of ground and surface
waters.
(2) When part of a
discharger's process wastewater is not being discharged into waters of the
State (including groundwater) because it is disposed of into a well, into a
POTW, or by land application, thereby reducing the flow or level of pollutants
being discharged into waters of the State, applicable effluent standards and
limitations for the discharge in a UPDES permit shall be adjusted to reflect
the reduced raw waste resulting from such disposal. Effluent limitations and
standards in the permit shall be calculated by one of the following methods:
(a) If none of the waste from a particular
process is discharged into waters of the State and effluent limitations
guidelines provide separate allocation for wastes from that process, all
allocations for the process shall be eliminated from calculation of permit
effluent limitations or standards.
(b) In all cases other than those described
in R317-8-2.6(2)(a), effluent limitations shall be adjusted by multiplying the
effluent limitation derived by applying effluent limitation guidelines to the
total waste stream by the amount of wastewater to be treated and discharged
into waters of the State and dividing the result by the total wastewater flow.
Effluent limitations and standards so calculated may be further adjusted under
R317-8-7.3 to make them more or less stringent if discharges to wells, publicly
owned treatment works, or by land application change the character or
treatability of the pollutants being discharged to receiving waters.
This method may be algebraically expressed as: P = E x N/T
Where P is the permit effluent limitation, E is the limitation derived by applying effluent guidelines to the total waste stream, N is the wastewater flow to be treated and discharged to waters of the State and T is the total wastewater flow.
(3)R317-8-2.6(2) shall not apply to the
extent that promulgated effluent limitations guidelines:
(a) Control concentrations of pollutants
discharged but not mass; or
(b)
Specify a different specific technique for adjusting effluent limitations to
account for well injection, land application, or disposal into POTWs.
(4)R317-8-2.6(2) does not alter a
dischargers obligation to meet any more stringent requirements established
under
R317-8-4.
2.7 VARIANCE REQUESTS BY POTWS. A
discharger which is a publicly owned treatment works (POTW) may request a
variance from otherwise applicable effluent limitations under the following
provision:
(1) Water Quality Based Effluent
Limitation. A permit modification of the requirements for achieving water
quality based effluent limitations shall be requested no later than the close
of the public comment period under R317-8-6.5 on the permit for which the
modification is sought.
(2) Delay
in construction. An extension of a Federal statutory deadline based on delay in
the construction of the POTW must have been requested on or before August 3,
1987.
2.8 DECISION ON
VARIANCES
(1) The Director may deny or
forward to the Administrator (or his delegate) with a written concurrence, a
completed request for:
(a) Extensions under
CWA section 301(i) based on delay in completion of a publicly owned treatment
works;
(b) After consultation with
the Regional Administrator, extensions based on the use of innovative
technology; or
(c) Variances under
R317-8-2.3(4) for thermal pollution.
(2) The Director may deny or forward to the
Regional Administrator with a written concurrence, or submit to EPA without
recommendation a completed request for:
(a) A
variance based on the presence of "fundamentally different factors" from those
on which an effluent limitations guideline was based;
(b) A variance based on the economic
capability of the applicant;
(c) A
variance based upon certain water quality factors (See CWA section 301(g));
or
(d) A variance based on water
quality related effluent limitations.
(e) Except for information required by
R317-8-3.1(4)(c) which shall be retained for a period of at least five years
from the date the application is signed, applicants shall keep records of all
data used to complete permit applications and any supplemental information for
a period of at least three years from the date the application is
signed.
Notes
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