Authorization to Discharge Under the National Pollutant Discharge Elimination System

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Authorization to Discharge Under the National Pollutant Discharge Elimination System AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR SMALL SUCTION DREDGE PLACER MINERS IN IDAHO General Permit No.: IDG-37-0000 In compliance with the provisions of the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq., as amended by the Water Quality Act of 1987, P.L. 100-4, the "Act", Owners and operators of placer mining operations in Idaho with small suction dredges (intake nozzle size of 5 inches in diameter or less (or the diametrical equivalent defined in the general permit) and with equipment rated at 15 horsepower or less) are authorized to discharge to waters of the United States, except those sites excluded from coverage of this NPDES permit, in accordance with effluent limitations, monitoring requirements, and other conditions set forth herein. A COPY OF THIS GENERAL PERMIT MUST BE KEPT AT THE SITE WHERE DISCHARGES OCCUR. This permit became effective on May 6, 2013. This permit and the authorization to discharge shall expire on April 30, 2018. Signed this 28th day of March, 2013. _ Daniel D. Opalski, Director Office of Water & Watersheds, Region 10 U.S. Environmental Protection Agency IDG-37-0000 Page 2 of 41 TABLE OF CONTENTS Cover Page ...................................................................................................................................1 I. Applicability And Notification Requirements........................................................................... 4 A. Coverage And Eligibility .................................................................................................. 4 B. Termination Of Discharges ............................................................................................. 4 C. Authorized Operations .................................................................................................... 4 D. Prohibitions ..................................................................................................................... 5 E. Areas Of Coverage/Areas Of Closure ............................................................................. 7 F. Requiring An Individual Permit ........................................................................................ 8 G. Notification Requirements ............................................................................................... 9 H. Permit Expiration .......................................................................................................... 10 II. Permit Requirements ........................................................................................................... 10 A. Identification ................................................................................................................. 10 B. Effluent Limitations ....................................................................................................... 10 C. Monitoring & Reporting Requirements .......................................................................... 12 D. Best Management Practices ......................................................................................... 13 III. General Monitoring, Recording And Reporting Requirements ............................................. 16 A. Representative Sampling (Routine And Non-Routine Discharges)................................ 16 B. Reporting Of Monitoring Results ................................................................................... 16 C. Monitoring Procedures .................................................................................................. 16 D. Additional Monitoring By Permittee ............................................................................... 17 E. Records Contents ......................................................................................................... 17 F. Retention Of Records ................................................................................................... 17 G. Twenty-Four Hour Notice Of Noncompliance Reporting ............................................... 17 H. Other Noncompliance Reporting ................................................................................... 18 I. Changes In Discharge Of Toxic Pollutants .................................................................... 18 IV. Compliance Responsibilities ................................................................................................ 19 A. Duty To Comply ............................................................................................................ 19 B. Penalties For Violations Of Permit Conditions .............................................................. 19 C. Need To Halt Or Reduce Activity Not A Defense .......................................................... 21 D. Duty To Mitigate ........................................................................................................... 21 E. Proper Operation And Maintenance.............................................................................. 21 F. Bypass Of Treatment Facilities ..................................................................................... 21 G. Upset Conditions .......................................................................................................... 22 H. Toxic Pollutants ............................................................................................................ 22 I. Planned Changes ......................................................................................................... 23 J. Anticipated Noncompliance .......................................................................................... 23 V. General Requirements ........................................................................................................ 23 A. Permit Actions .............................................................................................................. 23 B. Duty To Reapply ........................................................................................................... 23 C. Duty To Provide Information ......................................................................................... 23 D. Other Information .......................................................................................................... 24 E. Signatory Requirements ............................................................................................... 24 F. Availability Of Reports .................................................................................................. 25 G. Inspection And Entry .................................................................................................... 25 H. Property Rights ............................................................................................................. 25 I. Transfers ...................................................................................................................... 26 J. State Laws .................................................................................................................... 26 K. Re-Opener Clause ........................................................................................................ 26 VI. Definitions ........................................................................................................................... 26 IDG-37-0000 Page 3 of 41 Appendix A - Notice Of Intent (Noi) Information Sheet ................................................................ 28 Appendix B - Annual Report Information Sheet* .......................................................................... 30 Appendix C - Identifying Spawning Areas ................................................................................... 31 Appendix D - Receiving Waters Where Discharge is Not Authorized under this Permit ............... 32 Appendix E - Map ....................................................................................................................... 41 Figure 1 ............................................................................................................................. 4 IDG-37-0000 Page 4 of 41 I. APPLICABILITY AND NOTIFICATION REQUIREMENTS A. Coverage and Eligibility 1. Existing Facilities: Owners or operators of suction dredge facilities covered by the Idaho Department of Water Resources (IDWR) Recreational Placer Mining General Permit may be eligible for coverage under this General Permit (GP). See Permit Part I.G. for notification information. 2. New Facilities/Recommencing Facilities: Upon submittal of a Notice of Intent (NOI) all suction dredge facilities that meet the criteria for coverage under this permit will be granted coverage. 3. Expanding Facilities: Suction dredge facilities that contemplate expanding shall submit a new NOI that describes the new discharge. The current permit may be terminated and a new permit, reflecting the changes, may be issued in its place if the facility meets all the necessary requirements of coverage. Authorization to discharge requires written notification from EPA that coverage has been granted to the operation. The NPDES GP does not cover anything other than the discharge of wastewater from the suction dredge. Permittees are expected to follow all other applicable regulations including acquiring permission from land managers or land owners to access a site. Access NPDES GP IDWR • Permission to • Do you meet • If covered by be in a certain the size NPDES, are place (e.g. restrictions? there claim) • Is the area additional covered? restrictions? Figure 1
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