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Environmental Protection Agency § 122.43

introducing pollutants into the POTW

at the time of issuance of the permit.

(3) For purposes of this paragraph,

adequate notice shall include information on (i) the quality and quantity of

effluent introduced into the POTW, and

(ii) any anticipated impact of the

change on the quantity or quality of effluent to be discharged from the

POTW.

(c) Municipal separate storm sewer systems. The operator of a large or medium municipal separate storm sewer

system or a municipal separate storm

sewer that has been designated by the

Director under § 122.26(a)(1)(v) of this

part must submit an annual report by

the anniversary of the date of the

issuance of the permit for such system.

The report shall include:

(1) The status of implementing the

components of the storm water management program that are established

as permit conditions;

(2) Proposed changes to the storm

water management programs that are

established as permit condition. Such

proposed changes shall be consistent

with § 122.26(d)(2)(iii) of this part; and

(3) Revisions, if necessary, to the assessment of controls and the fiscal

analysis reported in the permit application under § 122.26(d)(2)(iv) and

(d)(2)(v) of this part;

(4) A summary of data, including

monitoring data, that is accumulated

throughout the reporting year;

(5) Annual expenditures and budget

for year following each annual report;

(6) A summary describing the number

and nature of enforcement actions, inspections, and public education programs;

(7) Identification of water quality improvements or degradation;

(d) Storm water discharges. The initial

permits for discharges composed entirely of storm water issued pursuant

to § 122.26(e)(7) of this part shall require

compliance with the conditions of the

permit as expeditiously as practicable,

but in no event later than three years

after the date of issuance of the permit.

[48 FR 14153, Apr. 1, 1983, as amended at 49

FR 38049, Sept. 26, 1984; 50 FR 4514, Jan. 31,

1985; 55 FR 48073, Nov. 16, 1990; 57 FR 60448,

Dec. 18, 1992]

§ 122.43 Establishing permit conditions

(applicable to State programs, see

§ 123.25).

(a) In addition to conditions required

in all permits (§§ 122.41 and 122.42), the

Director shall establish conditions, as

required on a case-by-case basis, to

provide for and assure compliance with

all applicable requirements of CWA and

regulations. These shall include conditions under §§ 122.46 (duration of permits), 122.47(a) (schedules of compliance), 122.48 (monitoring), and for EPA

permits only 122.47(b) (alternates

schedule of compliance) and 122.49 (considerations under Federal law).

(b)(1) For a State issued permit, an

applicable requirement is a State statutory or regulatory requirement which

takes effect prior to final administrative disposition of a permit. For a permit issued by EPA, an applicable requirement is a statutory or regulatory

requirement (including any interim

final regulation) which takes effect

prior to the issuance of the permit.

Section 124.14 (reopening of comment

period) provides a means for reopening

EPA permit proceedings at the discretion of the Director where new requirements become effective during the permitting process and are of sufficient

magnitude to make additional proceedings desirable. For State and EPA

administered programs, an applicable

requirement is also any requirement

which takes effect prior to the modification or revocation and reissuance of

a permit, to the extent allowed in

§ 122.62.

(2) New or reissued permits, and to

the extent allowed under § 122.62 modified or revoked and reissued permits,

shall incorporate each of the applicable

requirements referenced in §§ 122.44 and

122.45.

(c) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated

by reference, a specific citation to the

applicable regulations or requirements

must be given in the permit.

[48 FR 14153, Apr. 1, 1983, as amended at 65

FR 30908, May 15, 2000]