5.1 DURATION OF
PERMITS
(1) UPDES permits shall be effective
for a fixed term not to exceed 5 years.
(2) Except as provided in R317-8-3.1(4) (d),
the term of a permit shall not be extended by modification beyond the maximum
duration specified in this section.
(3) The Director may issue any permit for a
duration that is less than the full allowable term under this
section.
(4) A permit that would
expire on or after the Federal statutory deadline set forth in section
301(b)(2) (A), (C), and (E) of the CWA, may be issued to expire after the
deadline if the permit includes effluent limitations to meet the requirements
of section 301(b)(2) (A), (C), (D), (E) and (F), whether or not applicable
effluent limitations guidelines have been promulgated or approved.
(5) A determination that a particular
discharger falls within a given industrial category for purposes of setting a
permit expiration date under paragraph (d) of this section is not conclusive as
to the discharger's inclusion in that industrial category for any other
purposes, and does not prejudice any rights to challenge or change that
inclusion at the time that a permit based on that determination is
formulated.
5.2
SCHEDULES OF COMPLIANCE
(1) The permit may,
when appropriate, specify a schedule of compliance leading to compliance with
the Utah Water Quality Act, as amended, and rules promulgated pursuant thereto.
(a) Time for compliance. Any schedules of
compliance under this section will require compliance as soon as possible, but
not later than the applicable statutory deadline under the CWA.
(b) The first UPDES permit issued to a new
source or a new discharger shall contain a schedule of compliance only when
necessary to allow a reasonable opportunity to attain compliance with
requirements issued or revised after commencement of construction but less than
three years before commencement of the relevant discharge. For recommencing
discharges, a schedule of compliance shall be available only when necessary to
allow a reasonable opportunity to attain compliance with requirements issued or
revised less than three years before recommencement of discharge.
(c) Interim dates. Except as provided in
R317-8-5.2(2)(a) 2 if a permit establishes a schedule of compliance which
exceeds one (1) year from the date of permit issuance, the schedule will set
forth interim requirements and the dates for their achievement.
1. The time between interim dates will not
exceed one (1) year, except that in the case of a schedule for compliance with
standards for sewage sludge use and disposal, the time between interim dates
will not exceed six months.
2. If
the time necessary for completion of any interim requirement, such as the
construction of a control facility, is more than one (1) year and is not
readily divisible into stages for completion, the permit will specify interim
dates, (but not more than one interim date per calendar year per project phase
or segment), for the submission of reports of progress toward completion of the
interim requirements and indicate a projected completion date.
(d) Reporting. The permit shall be
written to require that no later than fourteen (14) days following each interim
date and the final date of compliance, the permittee shall notify the Director
in writing of its compliance or noncompliance with the interim or final
requirements, or submit progress reports.
(2) Alternative Schedules of Compliance. A
UPDES permit applicant or permittee may cease conducting regulated activities
(by termination of direct discharge for UPDES sources), rather than continue to
operate and meet permit requirements as follows:
(a) If the permittee decides to cease
conducting regulated activities at a given time within the term of a permit
which has already been issued:
1. The permit
may be modified to contain a new or additional schedule leading to timely
cessation of activities; or
2. The
permittee shall cease conducting permitted activities before noncompliance with
any interim or final compliance schedule requirement already specified in the
permit.
(b) If the
decision to cease conducting regulated activities is made before issuance of a
permit whose term will include the termination date, the permit will contain a
schedule leading to termination which will ensure timely compliance with
applicable requirements no later than the statutory deadline.
(c) If the permittee is undecided whether to
cease conducting regulated activities, the Director may issue or modify a
permit to contain two schedules as follows:
1. Both schedules will contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date which ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
2. One schedule shall lead to timely
compliance no later than the statutory deadline in the CWA;
3. The second schedule will lead to cessation
of regulated activities by a date which will ensure timely compliance with the
applicable requirements no later than the deadline specified in
R317-8-7;
4. Each permit containing two schedules will
include a requirement that after the permittee has made a final decision under
R317-8-5.2(2)(c), it shall follow the schedule leading to compliance if the
decision is to continue conducting regulated activities, and follow the
schedule leading to termination if the decision is to cease conducting
regulated activities.
(d) The applicant's or permittee's decision
to cease conducting regulated activities shall be evidenced by a firm public
commitment satisfactory to the Director, such as a resolution of the Board of
Directors of a corporation.
5.3 REQUIREMENTS FOR RECORDING AND REPORTING
OF MONITORING RESULTS. All permits shall specify:
(1) Requirements concerning the proper use,
maintenance, and installation, when appropriate, of monitoring equipment or
methods, (including biological monitoring methods when appropriate);
(2) Required monitoring including type,
intervals, and frequency sufficient to yield data which are representative of
the monitored activity including, when appropriate, continuous
monitoring;
(3) Applicable
reporting requirements based upon the impact of the regulated activity and as
specified in R317-8-4.1 and 4.2. Reporting shall be no less frequent than
specified in the above section.
5.4 EFFECT OF A PERMIT
(1) Except for any toxic effluent standards
and prohibitions included in R317-8-4.1(1)(b) and any standards adopted by the
State for sewage sludge use or disposal, compliance with a UPDES permit during
its term constitutes compliance, for purposes of enforcement, with the UPDES
program. However, a permit may be modified, revoked and reissued, or terminated
during its term for cause as set forth in R317-8-5.6 and 5.7.
(2) The issuance of a permit does not convey
any property rights or any exclusive privilege.
(3) The issuance of a permit does not
authorize any injury to persons or property or invasion of other private
rights, or any infringement of state or local law or regulations.
(4) Compliance with a permit condition which
implements a particular standard for sewage sludge use or disposal shall be an
affirmative defense in any enforcement action brought for a violation of that
standard for sewage use or disposal under the UPDES program.
5.5 TRANSFER OF PERMITS
(1) Transfers by Modification. Except as
provided in R317-8-5.5(2) a permit may be transferred by the permittee to a new
owner or operator only if the permit has been modified or revoked and reissued,
under R317-8-5.6 or if a minor modification has been made to identify the new
permittee and incorporate such other requirements as may be necessary under the
UPDES rules.
(2) Automatic
Transfers. As an alternative to transfers under subsection (1) of this section,
any UPDES permit may be automatically transferred to a new permittee if:
(a) The current permittee notifies the
Director at least thirty (30) days in advance of the proposed transfer date in
R317-8-5.5(2)(b).
(b) The notice
includes a written agreement between the existing and new permittees containing
a specific date for transfer of permit responsibility, coverage, and liability
between them.
(c) The Director does
not notify the existing permittee and the proposed new permittee of an intent
to modify or revoke and reissue the permit. A modification under this
subparagraph may also be a minor modification under R317-8-5.6(3). If this
notice is not received, the transfer is effective on the date specified in the
agreement under R317-8-5.5(2)(b).
5.6 MODIFICATION OR REVOCATION AND REISSUANCE
OF PERMIT
The Director may determine whether or not one or more of the
causes, listed in R317-8-5.6(1) and (2) for modification or revocation and
reissuance or both, exist. If cause exists, the Director may modify or revoke
and reissue the permit accordingly, and may request an updated application if
necessary. When a permit is modified, only the conditions subject to
modification are reopened. If a permit is revoked and reissued, the entire
permit is reopened and subject to revision and the permit is reissued for a new
term. If cause does not exist under this section, the Director shall not modify
or revoke and reissue the permit. If a permit modification satisfies the
criteria in R317-8-5.6(3) for "minor modifications" the permit may be modified
without a draft permit or public review. Otherwise, a draft permit must be
prepared and the procedures in
R317-8-6 must
be followed.
(1) Causes for
Modification. The following are causes for modification but not revocation and
reissuance of permits except when the permittee requests or agrees to
revocation and reissuance as well as modification of a permit.
(a) Alterations. If there are material and
substantial alterations or additions made to the permitted facility or activity
which occurred after permit issuance, such alterations may justify the
application of revised permit conditions which are different or absent in the
existing permit.
(b) Information.
Information received by the Director regarding permitted activities may show
cause for modification. UPDES permits may be modified during their terms for
this cause only if the information was not available at the time of permit
issuance, (except for revised regulations, guidance or test methods) and would
have justified application of different conditions at the time of permit
issuance. In addition, the applicant must show that the information would have
justified the application of different permit conditions at the time of
issuance. For UPDES general permits this cause shall include any information
indicating that cumulative effects on the environment are
unacceptable.
(c) New Regulations.
If the standards or rules on which the permit was based have been changed by
promulgation of amended standards or rules or by judicial decision after the
permit was issued permits may be modified during their terms for this case only
as follows:
1. For promulgation of amended
standards or rules, when:
a. The permit
condition requested to be modified was based on promulgated effluent limitation
guidelines or promulgated water quality standards; or the Secondary Treatment
Regulations; and
b. EPA has
revised, withdrawn, or modified that portion of the regulation or effluent
limitation guideline on which the permit condition was based or has approved
the Director's action with regard to a water quality standard on which the
permit condition was based; and
c.
A permittee requests modification in accordance with R317-8-6.1 within ninety
(90) days after the amendment, revision or withdrawal is promulgated.
2. For judicial decisions, a court
of competent jurisdiction has remanded and stayed EPA promulgated regulations
or effluent limitation guidelines, if the remand and stay concern that portion
of the regulations or guidelines on which the permit condition was based and a
request is filed by the permittee in accordance with R317-8-6.2 within ninety
(90) days of judicial remand.
(d) Compliance Schedules. A permit may be
modified if the Director determines good cause exists for modification of a
compliance schedule, such as an act of God, strike, flood or materials shortage
or other events over which the permittee has little or no control and for which
there is no reasonably available remedy. However, in no case will a UPDES
compliance schedule be modified to extend beyond an applicable statutory
deadline in
R317-8-7.
(e) In addition the Director may modify a
permit:
1. When the permittee has filed a
request for a variance under R317-8-2.3, R317-8-2.7 or for "fundamentally
different factors" within the time specified in
R317-8-3
or R317-8-7.7(8) a (and the Director processes the request under the applicable
provisions).
2. When required to
incorporate an applicable toxic effluent standard or prohibition under
R317-8-4.2(2).
3. When required by
the "reopener" conditions in a permit, which are established in the permit
under R317-8-4.2(3) for toxic effluent limitations and standards for sewage
sludge use or disposal.
4. Upon
request of a permittee who qualifies for effluent limitations on a net basis
under R317-8-4.3(8).
5. When a
discharger is no longer eligible for net limitations, as provided in
R317-8-4.3(8).
6. As necessary
under EPA effluent limitations guidelines concerning compliance schedule for
development of a pretreatment program.
7. When the level of discharge of any
pollutant which is not limited in the permit exceeds the level which can be
achieved by the technology-based treatment requirements appropriate to the
permittee under R317-8-7.1(2)(c).
8. To establish a "notification level" as
provided in R317-8-4.2(6).
9. To
modify a schedule of compliance to reflect the time lost during the
construction of an innovative or alternative facility in the case of the POTW
which has received a grant from EPA of 100% of the cost to modify or replace
the facilities. In no case will the compliance schedule be modified to extend
beyond an applicable statutory deadline for compliance.
10. Upon failure of the Director to notify an
affected state whose waters may be affected by a discharge from Utah.
11. To correct technical mistakes, such as
errors in calculation, or mistaken interpretations of law made in determining
permit conditions.
12. When the
discharger has installed the treatment technology considered by the permit
writer in setting effluent limitations and has properly operated and maintained
the facilities but nevertheless has been unable to achieve those effluent
limitations. In this case, the limitations in the modified permit may reflect
the level of pollutant control actually achieved (but shall not be less
stringent than required by a subsequently promulgated effluent limitations
guideline).
13. When required by a
permit condition to incorporate a land application plan for beneficial reuse of
sewage sludge, to revise an existing land application plan, or to add a land
application plan.
(2) Causes for Modification or Revocation and
Reissuance. The following are causes to modify or alternatively revoke or
reissue a permit:
(a) Cause exists for
termination under R317-8-5.7 and the Director determines that modification or
revocation and reissuance is appropriate.
(b) The Director has received notification of
a proposed transfer of the permit. A permit also may be modified to reflect a
transfer after the effective date of an automatic transfer but will not be
revoked and reissued after the effective date of the transfer except upon the
request of the new permittee.
(3) Minor modifications of permits. Upon the
consent of the permittee, the Director may modify a permit to make the
corrections or allowances for changes in the permitted activity listed in this
section, without following the procedures of
R317-8-6. Any
permit modification not processed as a minor modification under this section
must be made for cause and with a Section
R317-8-6 draft
permit and public notice as required under this section. Minor modifications
may only:
(a) Correct typographical
errors;
(b) Require more frequent
monitoring or reporting by the permittee;
(c) Change an interim compliance date in a
schedule of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date requirement;
(d) Allow for a change in ownership or
operational control of a facility where the Director determines that no other
change in the permit is necessary, provided that a written agreement containing
a specific date for transfer of permit responsibility, coverage, and liability
between the current and new permittees has been submitted to the
;Director
(e) Change the
construction schedule for a discharger which is a new source. No such change
shall affect a disclosure obligation to have all pollution control equipment
installed and in operation prior to discharge; or
(f) Delete a point source outfall when the
discharge from that outfall is terminated and does not result in discharge of
pollutants from other outfalls except in accordance with permit
limits.
(g) Incorporate conditions
of a POTW pretreatment program that has been approved in accordance with the
procedures in R317-8-8.10 (or a modification thereto that has been approved in
accordance with the procedures in R317-8-8.16 as enforceable conditions of the
POTW's permits).
5.7 TERMINATION OF PERMIT
(1) The following are causes for terminating
a permit during its term, or for denying a renewal application:
(a) Noncompliance by the permittee with any
condition of the permit;
(b) The
permittee's failure in the application or during the permit issuance process to
disclose fully all relevant facts, or the permittee's misrepresentation of any
relevant fact at any time;
(c) A
determination that the permitted activity endangers human health or the
environment and can only be regulated to acceptable levels by permit
modification or termination; or
(d)
When there is a change in any condition that requires either a temporary or a
permanent reduction or elimination of any discharge or sludge use or disposal
practice controlled by the permit; for example, plant closure or termination of
discharge by connection to a POTW.
(2) The Director will follow the applicable
procedures of R317-8-6.2 in terminating UPDES permits under this
section.