1 Administrative Procedures Act Rules Title 11
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Administrative Procedures Act Rules Title 11: Mississippi Department of Environmental Quality Part 6: Wastewater Pollution Control Regulations Part 6, Chapter 1: Mississippi Commission on Environmental Quality National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification TABLE OF CONTENTS Subchapter 1 Wastewater Permit Regulations Rule 1.1.1 General Requirements A. Definitions of Terms B. Applicability and Required Permits C. Permits: Preliminary Determinations and Siting Criteria Rule 1.1.2 Permit Applications A. Permits: Applications, Filing Procedures and Requirements B. Permits: Application Exemptions C. Permit Applications and Other Forms: Valid Signature D. Application Requirements Regarding Toxicity for Existing Discharges E. Misrepresentation of Information on Application Forms and Other Reports Rule 1.1.3 Procedural Aspects of Permit Issuance A. Permits: Preliminary Determinations, Draft Permits, Certificates of Coverage and Variances B. Public Notice of Draft Permits and Preliminary Determinations C. Public Notice and Fact Sheets 1 D. Draft Permits: Transmittal to Regional Administor (or his/her designee), Deficiencies, Additional Data Requirements E. Public Access to Forms, Commission Files and Records F. Protection of Confidential Information G. Draft Permits: Public Hearings H. Permit Board Determinations, Issuance or Denial of Permits I. Final Permits: Transmittal to EPA Rule 1.1.4 Terms And Conditions Applicable To Permits A. All Permits, Unless Otherwise Noted in Those Regulations or in Federal Regulations Referenced Herein B. State Permits Issued to a POW or NPDES Permits Issued to POTW C. General Requirements Applicable to State Permits Issued to Concentrated Animal Operations or NPDES Permits Issued to Concentrated Animal Feeding Operations D. State No Discharge Permit Issued to a Domestic Wastewater Treatment Facilty with a Capacity of 1500 Galloons per Day or Less or NPDES Permits Issued to a Domestic Wastewater Treatment Facility with a Capacity of 1500 Gallons per Day or Less E. Administration of State General Permits and NPDES General Permits F. NPDES Permits Only G. NPDES Mineral Mining and Processing Permits H. NPDES Animal Waste Permits Only I. Storm Waster NPDES General Permits Only J. Sewage Sludge Use or Disposal Requirements K. UIC Permits L. State Permits M. Pretreatment Permits N. State Permits Issued to Animal Feeding Operations Only 2 O. State Mineral Mining and Processing Permits P. State Permits for the Disposal of Contaminated Milk Q. State Permits for Aerial Applicator Program Rule 1.1.5 Duration, Review and Reissuance, Transfer, Modification, Termination, Revocation, Enforcement and Property Rights A. Duration of Permit B. Review and Reissuance of State, UIC, or NPDES Permits: Requests and Filing Requirements C. State, UIC, and NPDES Permits: Transfer, Modification, Termination, or Revocation by the Permit Board D. Enforcement E. Property Rights, All Permits Rule 1.1.6 Noncompliance Lists, Plans And Specifications: Submittal Requirements, and Severability A. Noncompliance Lists B. Plans and Specifications: Submittal Requirements C. Severability Subchapter 2: Water Quality Based Effluent Limitations Rule 1.2.1 Background Rule 1.2.2 General Requirements A. Applicability B. General Technical Guidance Rule 1.2.3 WQBEL Process A. Water Quality Based Effluent Limits B. Modeling 3 C. Calibration Modeling D. WQBEL Process Use E. WQBELs Apply to Watershed F. Quality Assurance Rule 1.2.4 Waters Difficult to Model A. Losing Flow Streams B. Lakes C. Natural Wetlands D. Nutrient Enriched Waters Rule 1.2.5 Special Cases A. Effluent Channels B. Ephemeral Streams C. Dystrophic Waters D. Shellfish Waters Rule 1.2.6 Toxicity A. General B. Applicability C. Application/Determination of Alternative Chemical Specific Limitations D. Toxicity Limits E. Procedures for Chemical Specific Screening F. Screening Storm Water Discharges G. Determining Compliance with Non-Detect or Below Detection Limitations H. Attaining Compliance with WQBELs 4 Rule 1.2.7 Bibliography Exhibit A to Chapter 1, Subchapters 1 and 2 - Empirical Water Body Model Assumptions for Conventional Pollutants and Conventional Water Quality Models I. Empirical Stream, Lake, and Estuary Model Assumptions for Conventional Pollutants A. 7Q10 Flow Values B. 7Q2 Flow Values C. Temperature D. Velocity E. Depth F. Slope G. Kd (Carbonaceous Deoxygenation Rate) H. Kn (Nitrogenous Deoxygenation Rate) I. Ka (Reaeration Rate) J. Stream Background Conditions K. Photosynthesis / Respiration L. Sediment Oxygen Demand M. Wastewater Inputs N. Disinfection O. Chlorine Toxicity P. Instream Waste Concentration Q. Ammonia Toxicity II. Conventional Water Quality Models Exhibit B to Chapter 1, Subchapters 1 and 2 - Disinfection Requirements For Sanitary Sewage 5 I. Discharge to Waters Classified Public Water Supply II. Discharges to Waters Classified Recreation and to Waters of other Classifications with known Recreational Sites III. Discharges to Waters Classified Shellfish Harvesting IV. Discharges to Waters Classified Fish and Wildlife V. Discharges to Waters Classified Ephemeral VI. Consistency with Water Quality Standards Exhibit C to Chapter 1, Subchapters 1 and 2 - Values of Runoff Coefficient C Exhibit D to Chapter 1, Subchapters 1 and 2 - Bioassay Requirements I. Chronic Bioassay Requirements II. Acute Bioassay Requirements III. Acute Whole Effluent Toxicity Monitoring Requirements IV. Chronic Whole Effluent Toxicity Monitoring Requirements NPDES Whole Effluent Toxicity Testing Report Form Mississippi Office of Pollution Control Exhibit E to Chapter 1, Subchapters 1 and 2 – Antidegradation Implementation Methodology I. Introduction Tier 1 Waters Tier 2 Waters Tier 3 Waters II. Applicability of Antidegradation Policy Review Methods III. Required Antidegradation Components Project Information Alternatives Analysis Socio-Economic Impacts Analysis 6 Public Review / Input Final Action Antidegradation Instruction Forms Exhibit F to Chapter 1, Subchapters 1 and 2 – Bibliography Exhibit G to Chapter 1, Subchapters 1 and 2 – Tier 3 Nomination Documentation Requirements Subchapter 3 Water Quality Certification of Activities Requiring Federal Licenses or Permits Rule 1.3.1 Background and General Requirements Rule 1.3.2 Applications Rule 1.3.3 Public Notice and Public Hearing Rule 1.3.4 Scope of Review for Application Decisions Rule 1.3.5 Enforcement of Certification Decisions and Conditions Rule 1.3.6 Review and Appeals Exhibit A to Chapter 1, Subchapter 3 - Criteria for the Siting and Design of Excavated Canals Exhibit B to Chapter 1, Subchapter 3 - Freshwater and Coastal Marina Guidelines Exhibit C to Chapter 1, Subchapter 3 - Sand and Gravel Bar Mining in-the-Dry Exhibit D to Chapter 1, Subchapter 3 - Storm Water Runoff Plan Exhibit E to Chapter 1, Subchapter 3 - Criteria for certain Existing Coastal Subdivisions Originally Platted in lands which, because of the passage of the Federal Act and related Laws and/or Regulations, are presently Unsuitable For Development Subchapter 1 Wastewater Permit Regulations Rule 1.1.1 General Requirements. A. Definitions of Terms The applicable definitions set forth in 40 CFR 122, 123, 124, 125, 144, 146, 403 and 503 and all amendments and additions thereto are incorporated herein and adopted by reference and shall be 7 considered valid in this regulation, unless a term is otherwise defined herein. In addition, the following definitions are applicable. (1) "Affected Discharger" is an existing permitted wastewater discharger, or a proposed wastewater discharger, which has either a pending permit application or a permit or is included in a State Revolving Fund ("SRF") Facilities Plan. (2) "Allowable Loading" or "available assimilative capacity" is that portion of the loading capacity of a water body that is available for allocating to a point source discharger(s) through regulation by the Department. It is the difference between the loading capacity and the total loading of pollutants from other sources, such as background, nonpoint sources, and exempt sources. (3) "Ambient water quality" means the physical, chemical and biological characteristics of waters of the State. (4) "Applicant" means a person applying to the Permit Board for an individual State permit, coverage under a State general permit, UIC permit, individual NPDES permit or coverage under an NPDES general permit to discharge wastes or other fluids into the waters of the State, or to operate a treatment works. (5) "Application" means either: (a) The uniform NPDES or UIC application form, current at the time application is made, (b) A Notice of Intent form for coverage under an NPDES general permit, or a State general permit, or (c) A State permit application form. (6) "Approved methods" means sampling and laboratory testing methods approved by the Department, as specified in Rule 1.1.2 of these regulations. (7) "Assimilative capacity" means the capacity of a body of water or soil-plant system to receive wastewater effluent or sludge without violating the provisions of the State of Mississippi Water Quality Criteria for Intrastate, Interstate, and Coastal Waters and these regulations. (8) "Background" shall mean the condition of waters in the absence of the activity or discharge under consideration based on the best scientific information available to the Department. (9) “Bypass” is defined in 40 CFR 122.41(m), as amended. 8 (10) "Bulk