reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-9 - Storm water discharges [see 40 CFR 122.26]

Current through 2024-29, July 17, 2024
(a) Permit requirement.
(1) Prior to October 1, 1994, discharges
				composed entirely of storm water shall not be required to obtain a NPDES permit
				except:
(i) A discharge with respect to which
				a permit has been issued prior to February 4, 1987;
(ii) A discharge associated with industrial
				activity (see paragraph (a)(4));
(iii) A discharge from a large municipal
				separate storm sewer system;
(iv) A
				discharge from a medium municipal separate storm sewer system;
(v) A discharge which the Director, or the
				EPA Regional Administrator, determines to contribute to a violation of a water
				quality standard or is a significant contributor of pollutants to waters of the
				State. This designation may include a discharge from any conveyance or system
				of conveyances used for collecting and conveying storm water runoff or a system
				of discharges from municipal separate storm sewers, except for those discharges
				from conveyances which do not require a permit under paragraph (a)(2) of this
				section or agricultural stormwater runoff which is exempted from the definition
				of point source at Chapter 520.
The Director may designate discharges from municipal separate
				  storm sewers on a system-wide or jurisdiction-wide basis. In making this
				  determination the Director may consider the following factors:
(A) The location of the discharge with
				respect to waters of the State as defined at Chapter 520.
(B) The size of the discharge;
(C) The quantity and nature of the pollutants
				discharged to waters of the State; and
(D) Other relevant factors.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-9-A - Post Construction Storm water discharges in urban impaired stream watersheds

Current through 2024-29, July 17, 2024
An owner or operator of property in an urban impaired stream
				  watershed that has been designated by the U.S. Environmental Protection Agency
				  pursuant to the Clean Water Act,
				  33 U.S.C.
				  §§1251 et seq., and
				  40
				  C.F.R.
				  §122.26(a)(9)(i)(D), or
				  the Department pursuant to Chapter 521(9)(a)(1)(v), as requiring a storm water
				  discharge permit due to post-construction storm water flow from impervious
				  area, shall either provide a notice of intent to comply with a general permit
				  adopted pursuant to Chapter 529, if available, or shall apply for an individual
				  permit.
(a) Individual permit
				requirements. To qualify for an individual permit, the following requirements
				must be met in addition to otherwise applicable requirements.
(1) The basic standards described in the
				Department's Stormwater Management Rules, Chapter 500, Section 4(A), addressing
				erosion and sedimentation control, inspection and maintenance, and housekeeping
				must be met.
(2) Provisions for
				treatment of stormwater from the impervious area of the property must be
				provided that comply with the general standards described in the Department's
				Stormwater Management Rules, Chapter 500, Section 4(B), with no exception for a
				linear portion of a project. If on-site conditions make storm water treatment
				on the operator's site impracticable, off-site treatment may be approved if
				located in the same watershed. If provisions for treatment of storm water
				meeting these standards are not in place at the time of application, then the
				application must include plans for storm water treatment measures that will be
				put in place within two years of permit issuance. The Department may extend the
				two-year period up to five years if the parcel includes five acres or more of
				impervious area and interim milestones are approved.
(3) Inspections of best management practices
				must occur at least annually by a qualified person to determine if they are in
				place and functioning as intended, and if not, corrective action must be taken
				within 30 days. Maintenance plans for the property must include provisions for
				sweeping paved areas at least once per year after snowmelt.
(4) An on-going monitoring program must be
				established, either by measuring the water quality of storm water discharge
				from the project site for parameters and at a frequency approved by the
				Department, or by contributing to a Department-approved monitoring program, at
				a rate consistent with assessments to other participants of a
				Department-approved watershed management plan for monitoring work.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Section 096-521-10 - Silvicultural activities [see 40 CFR 122.27]

Current through 2024-29, July 17, 2024
(a) Permit requirement. Silvicultural point
				sources, as defined in this section, as point sources subject to the NPDES
				permit program.
(b) Definitions.
(1) Silvicultural point source means any
				discernible, confined and discrete conveyance related to rock crushing, gravel
				washing, log sorting, or log storage facilities which are operated in
				connection with silvicultural activities and from which pollutants are
				discharged into waters of the State. The term does not include non-point source
				silvicultural activities such as nursery operations, site preparation,
				reforestation and subsequent cultural treatment, thinning, prescribed burning,
				pest and fire control, harvesting operations, surface drainage, or road
				construction and maintenance from which there is natural runoff. However, some
				of these activities (such as stream crossing for roads)may involve point source
				discharges of dredged or fill material Which may require a CWA section 404
				permit (See 33 CFR 209.120 and part 233 ).
(2) Rock crushing and gravel washing
				facilities means facilities which process crushed and broken stone, gravel, and
				rip rap (See 40 CFR part 436, subpart B, including the effluent limitations
				guidelines).
(3) Log sorting and
				log storage facilities means facilities whose discharges result from the
				holding of unprocessed wood, for example, logs or roundwood with bark or after
				removal of bark held in self-contained bodies of water (mill ponds or log
				ponds) or stored on land where water is applied intentionally on the logs (wet
				decking). (See 40 CFR part 429, subpart I, including the effluent limitations
				guidelines).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Appendix 096-521-A - NPDES Primary Industry Categories

Current through 2024-29, July 17, 2024
Any permit issued after June 30, 1981 to dischargers in the
				  following categories shall include effluent limitations and a compliance
				  schedule to meet the requirements of section 301(b)(2)(A), (C), (D), (E) and
				  (F) of CWA, whether or not applicable effluent limitations guidelines have been
				  promulgated
Industry Category
Adhesives and sealants
Aluminum forming
Auto and other laundries
Battery manufacturing
Coal mining
Coil coating
Copper forming
Electrical and electronic components
Electroplating
Explosives manufacturing
Foundries
Gum and wood chemicals
Inorganic chemicals manufacturing
Iron and steel manufacturing
Leather tanning and finishing
Mechanical products manufacturing
Nonferrous metals manufacturing
Ore mining
Organic chemicals manufacturing
Paint and ink formulation
Pesticides
Petroleum refining
Pharmaceutical preparations
Photographic equipment and supplies
Plastics processing
Plastic and synthetic materials manufacturing
Porcelain enameling
Printing and publishing
Pulp and paper mills
Rubber processing
Soap and detergent manufacturing
Steam electric power plants
Textile mills
Timber products processing
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Appendix 096-521-B - Criteria for Determining a Concentrated Animal Feeding Operation

Current through 2024-29, July 17, 2024
An animal feeding operation is a concentrated animal feeding
				  operation for purposes of Section
				  6 if either of the following criteria
				  are met.
(a) More than the numbers of
				animals specified in any of the following categories are confined:
(1) 1,000 slaughter and feeder
				cattle,
(2) 700 mature dairy cattle
				(whether milked or dry cows),
(3)
				2,500 swine each weighing over 25 kilograms (approximately 55
				pounds),
(4) 500 horses,
(5) 10,000 sheep or lambs,
(6) 55,000 turkeys,
(7) 100,000 laying hens or broilers (if the
				facility has continuous overflow watering),
(8) 30,000 laying hens or broilers (if the
				facility has a liquid manure system),
(9) 5,000 ducks, or
(10) 1,000 animal units; or
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 521 - APPLICATIONS FOR WASTE DISCHARGE LICENSES › Appendix 096-521-C - Criteria for Determining a Concentrated Aquatic Animal Production Facility

Current through 2024-29, July 17, 2024
A hatchery, fish farm, or other facility is a concentrated
				  aquatic animal production facility for purposes of Section
				  7 if it contains, grows, or holds
				  aquatic animals in either of the following categories:
(a) Cold water fish species or other cold
				water aquatic animals in pounds, raceways, or other similar structures which
				discharge at least 30 days per year but does not include:
(1) Facilities which produce less than 9,090
				harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per
				year; and
(2) Facilities which feed
				less than 2,272 kilograms (approximately 5,000 pounds) of food during the
				calendar month of maximum feeding.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-1 - References to Federal Regulations and definitions

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 1998, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR). Definitions for terms used in this rule may be found Chapter
				  520.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-2 - Applicability of Chapter 2

Current through 2024-29, July 17, 2024
Unless specified differently in this rule, the requirements
				  of Chapter 2 of the department's rules, "Rules Concerning the Procession of
				  Applications", applies to waste discharge license applications. In the event of
				  inconsistencies with Chapter 2 of the Department's Rules, waste discharge
				  license applications will be processed under the procedures set forth in this
				  Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-3 - Specialized Definitions [see 40 CFR 124.2]

Current through 2024-29, July 17, 2024
(a) In addition to the definitions given in
				Chapter 520, the definitions below apply to this chapter.
Consultation with the Regional Administrator (
				  40 CFR
				  124.62(a)(2) ) means review
				  by the Regional Administrator following evaluation by a panel of the technical
				  merits of all 301(k) applications approved by the Department. The panel (to be
				  appointed by the Director of the Office of Water Enforcement and Permits) will
				  consist of Headquarters, Regional, and State personnel familiar with the
				  industrial category in question.
UIC means the Underground Injection Control program under
				  Part C of the Safe Drinking Water Act, including an ``approved
				  program.''
Variance (NPDES) means any mechanism or provision under
				  section 301 or 316 of CWA or under 40 CFR part 125, or in the applicable
				  ``effluent limitations guidelines'' which allows modification to or waiver of
				  the generally applicable effluent limitation requirements or time deadlines of
				  CWA. This includes provisions which allow the establishment of alternative
				  limitations based on fundamentally different factors or on sections 301(c),
				  301(g), 301(h), 301(i), or 316(a) of CWA.
(b) The term Director means the Department or
				Regional Administrator and is used when the accompanying provision is required
				of EPA-administered programs and of State programs under Secs. 123.25 (NPDES)
				or 145.11 (UIC). The term Regional Administrator is used when the accompanying
				provision applies exclusively to EPA-issued permits and is not applicable to
				State programs under these sections.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-4 - Modification, revocation and reissuance, or termination of permits [see 40 CFR 124.5]

Current through 2024-29, July 17, 2024
(a) Permits may be
				modified, revoked and reissued, or terminated either at the request of any
				interested person (including the permittee) or upon the Department's
				initiative. However, permits may only be modified, revoked and reissued, or
				terminated for the reasons specified in 38 MRSA §414-A(5). All requests
				shall be in writing and shall contain facts or reasons supporting the
				request.
(b) [reserved]
(c)
(1) If
				the Department tentatively decides to modify or revoke and reissue a permit
				under 38 MRSA, Sections414-A(5) and 341-D or
				40 CFR
				144.39(UIC), it shall
				prepare a draft permit under Section 5 incorporating the proposed changes. The
				Department may request additional information and, in the case of a modified
				permit, may require the submission of an updated application. In the case of
				revoked and reissued permits, the Department shall require the submission of a
				new application.
(2) In a permit
				modification under this section, only those conditions to be modified shall be
				reopened when a new draft permit is prepared. All other aspects of the existing
				permit shall remain in effect for the duration of the unmodified permit. When a
				permit is revoked and reissued under this section, the entire permit is
				reopened just as if the permit had expired and was being reissued. During any
				revocation and reissuance proceeding the permittee shall comply with all
				conditions of the existing permit until a new final permit is
				reissued.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-5 - Draft permits [see 40 CFR 124.6]

Current through 2024-29, July 17, 2024
(a) Once an
				application is complete, the Department shall tentatively decide whether to
				prepare a draft permit or to deny the application.
(b) [reserved]
(c) If the Department tentatively decides to
				issue an NPDES general permit, it shall prepare a draft general permit under
				paragraph (d) of this section.
(d)
				If the Department decides to prepare a draft permit, it shall prepare a draft
				permit that contains the following information:
(1) All conditions under Chapter 523 (NPDES)
				or Secs. 144.51 and 144.52 (UIC);
(2) All compliance schedules under Chapter
				523 (NPDES) or
				40 CFR
				144.53(UIC);
(3) All monitoring requirements under Chapter
				523 (NPDES) or
				40
				CFR 144.54(UIC);
				and
(4) For:
(i) [reserved];
(ii) UIC permits, permit conditions under
				40 CFR
				144.52;
(iii) [reserved];
(iv) [reserved];
(v) NPDES permits, effluent limitations,
				standards, prohibitions, conditions under Chapter 523.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-6 - Fact sheet

Current through 2024-29, July 17, 2024
(a) A fact sheet
				shall be prepared for every draft permit for a major UIC, or NPDES facility or
				activity, for every NPDES general permit (Chapter 529), for every NPDES draft
				permit that incorporates a variance or requires an explanation under Section 7,
				and for every draft permit which the Department finds is the subject of
				wide-spread public interest or raises major issues. The fact sheet shall
				briefly set forth the principal facts and the significant factual, legal,
				methodological and policy questions considered in preparing the draft permit.
				The Department shall send this fact sheet to the applicant and, on request, to
				any other person.
(b) The fact
				sheet shall include, when applicable:
(1) A
				brief description of the type of facility or activity which is the subject of
				the draft permit;
(2) The type and
				quantity of wastes, fluids, or pollutants which are proposed to be or are being
				treated, stored, disposed of, injected, emitted, or discharged.
(3) [reserved]
(4) [reserved]
(5) Reasons why any requested variances or
				alternatives to required standards do or do not appear justified;
(6) A description of the procedures for
				reaching a final decision on the draft permit including:
(i) The beginning and ending dates of the
				comment period under Section 8 and the address where comments will be
				received;
(ii) Procedures for
				requesting a hearing and the nature of that hearing; and
(iii) Any other procedures by which the
				public may participate in the final decision.
(7) Name and telephone number of a person to
				contact for additional information.
(8) For NPDES permits, provisions satisfying
				the requirements of Section 7.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-7 - Additional information in fact sheets [see 40 CFR 124.56]

Current through 2024-29, July 17, 2024
In addition to meeting the requirements of Section
				  6, NPDES fact sheets shall contain the
				  following:
(a) Any calculations or
				other necessary explanation of the derivation of specific effluent limitations
				and conditions, including a citation to the applicable effluent limitation
				guideline, performance standard, as required by Chapter 523 and reasons why
				they are applicable or an explanation of how the alternate effluent limitations
				were developed.
(b)
(1) When the draft permit contains any of the
				following conditions, an explanation of the reasons why such conditions are
				applicable:
(i) Limitations to control toxic
				pollutants under Chapter 523;
(ii)
				Limitations on internal waste streams under Chapter 523; or
(iii) Limitations on indicator pollutants
				under Chapter 524.
(iv) Limitations
				set on a case-by-case basis under Chapter 524, or pursuant to Section 405(d)(4)
				of the CWA.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-8 - Public notice of permit actions and public comment period [see 40 CFR 124.10]

Current through 2024-29, July 17, 2024
(a) Scope.
(1) The Department shall provide for public
				notice that the following actions have occurred:
(i) [reserved];
(ii) A permit application is being
				filed;
(iii) A hearing has been
				scheduled under Chapter 2;
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-9 - Public comments and requests for public hearings [see 40 CFR 124.11]

Current through 2024-29, July 17, 2024
During the public comment period provided under Section
				  8, any interested person may submit
				  written comments on the application or draft permit and may request a public
				  hearing, if no hearing has already been scheduled. A request for a public
				  hearing shall be in writing and shall state the nature of the issues proposed
				  to be raised in the hearing. All comments shall be considered in making the
				  final decision and shall be answered as provided in Section
				  12.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-10 - Public notice for thermal discharge variances [see 40 CFR 124.57]

Current through 2024-29, July 17, 2024
(a) Section 316(a) requests. In addition to
				the information required under Section 8(d)(1), public notice of an NPDES draft
				permit for a discharge where a CWA section 316(a) request has been filed under
				Chapter 523 shall include:
(1) A statement
				that the thermal component of the discharge is subject to effluent limitations
				under CWA section 301 or 306 and a brief description, including a quantitative
				statement, of the thermal effluent limitations proposed under section 301 or
				306;
(2) A statement that a request
				under section 316(a) of the CWA has been filed and that alternative less
				stringent effluent limitations may be imposed on the thermal component of the
				discharge under section 316(a) and a brief description, including a
				quantitative statement, of the alternative effluent limitations, if any,
				included in the request; and
(3) If
				the applicant has filed an early screening request under
				40 CFR
				125.72 for a section 316(a) of the CWA
				variance, a statement that the applicant has submitted such a plan.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-11 - Public hearings [see 40 CFR 124.12]

Current through 2024-29, July 17, 2024
(a)
(1) The Department shall hold a public
				hearing whenever it finds, on the basis of requests, a significant degree of
				public interest in a draft permit(s);
(2) The Department may also hold a public
				hearing at its discretion, whenever, for instance, such a hearing might clarify
				one or more issues involved in the permit decision;
(3) [reserved];
(4) Public notice of the hearing shall be
				given as specified in Section 8.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-12 - Response to comments [see 40 CFR 124.17]

Current through 2024-29, July 17, 2024
(a) At the
				time that any final permit decision is issued, the Department shall issue a
				response to comments. States are only required to issue a response to comments
				when a final permit is issued. This response shall:
(1) Specify which provisions, if any, of the
				draft permit have been changed in the final permit decision, and the reasons
				for the change; and
(2) Briefly
				describe and respond to all significant comments on the draft permit raised
				during the public comment period, or during any hearing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 522 - APPLICATION PROCESSING PROCEDURES FOR WASTE DISCHARGE LICENSES › Section 096-522-13 - Decision on variances [see 40 CFR 124.62]

Current through 2024-29, July 17, 2024
(a) The
				Department may grant or deny requests for the following variances (subject to
				EPA objection under
				40 CFR
				123.44 for State permits):
(1) Extensions under CWA section 301(i) based
				on delay in completion of a publicly owned treatment works;
(2) After consultation with the Regional
				Administrator, extensions under CWA section 301(k) based on the use of
				innovative technology; or
(3)
				Variances under CWA section 316(a) for thermal pollution.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-1 - References to Federal Regulations and definitions

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 1998, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR). Definitions for terms used in this rule may be found Chapter
				  520.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-2 - Conditions applicable to all permits [see 40 CFR 122.41]

Current through 2024-29, July 17, 2024
The following conditions apply to all NPDES permits.
				  Additional conditions applicable to NPDES permits are in Section
				  3. All conditions applicable to NPDES
				  permits shall be incorporated into the permits either expressly or by
				  reference. If incorporated by reference, a specific citation to these rules
				  must be given in the permit.
(a) Duty
				to comply. The permittee must comply with all conditions of this permit. Any
				permit noncompliance constitutes a violation of the Clean Water Act and is
				grounds for enforcement action; for permit termination, revocation and
				reissuance, or modification; or denial of a permit renewal application.
(1) The permittee shall comply with effluent
				standards or prohibitions established under section 307(a) of the Clean Water
				Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants within the
				time provided in the regulations that establish these standards or
				prohibitions, even if the permit has not yet been modified to incorporate the
				requirement.
(2) Any person who
				violates any provision of the laws administered by the Department, including
				without limitation, a violation of the terms of any order, rule license,
				permit, approval or decision of the Board or Commissioner is subject to the
				penalties set forth in 38 MRSA, §349.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-3 - Additional conditions applicable to specified categories of NPDES permits [see 40 CFR 122.42]

Current through 2024-29, July 17, 2024
The following conditions, in addition to those set forth in
				  Section
				  2, apply to all NPDES permits within
				  the categories specified below:
(a)
				Existing manufacturing, commercial, mining, and silvicultural dischargers. In
				addition to the reporting requirements under Section 2(1), all existing
				manufacturing, commercial, mining, and silvicultural dischargers must notify
				the Department as soon as they know or have reason to believe:
(1) That any activity has occurred or will
				occur which would result in the discharge, on a routine or frequent basis, of
				any toxic pollutant which is not limited in the permit, if that discharge will
				exceed the highest of the following ``notification levels'':
(i) One hundred micrograms per liter (100
				ug/l);
(ii) Two hundred micrograms
				per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms
				per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;
				and one milligram per liter (1 mg/l) for antimony;
(iii) Five (5) times the maximum
				concentration value reported for that pollutant in the permit application in
				accordance with Chapter 521 Section 4(g)(7); or
(iv) The level established by the Department
				in accordance with Section 5(f).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-4 - Establishing permit conditions [see 40 CFR 122.43]

Current through 2024-29, July 17, 2024
(a) In addition to conditions required in all
				permits (Sections 2 and 3 ), the Department 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 and State law. These shall
				include conditions under 38 MRSA, Chapter 3 (duration of permits), Section 7(a)
				(schedules of compliance), and Section 8(monitoring).
(b)
(1) An
				applicable requirement is a State statutory or regulatory requirement which
				takes effect prior to final administrative disposition of a permit. 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
				38 MRSA, §414-A(5).
(2) New or
				reissued permits, and to the extent allowed under 38 MRSA, §414-A(5)
				modified or revoked and reissued permits, shall incorporate each of the
				applicable requirements referenced in Sections 5 and 6.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-5 - Establishing limitations, standards, and other permit conditions [see 40 CFR 122.44]

Current through 2024-29, July 17, 2024
In addition to the conditions established under Section
				  4(a), each NPDES
				  permit shall include conditions meeting the following requirements when
				  applicable.
(a) Technology-based
				effluent limitations and standards based on effluent limitations and standards
				promulgated under section 301 of CWA or new source performance standards
				promulgated under section 306 of CWA, on case-by-case effluent limitations
				determined under section 402(a)(1) of CWA, or on a combination of the two, in
				accordance with Chapter 523, Section 2. For new sources or new dischargers,
				these technology based limitations and standards are subject to the provisions
				of
				40 CFR
				122.29(d) (protection
				period).
(b)
(1) Other effluent limitations and standards
				under sections 301,302, 303, 307, 318 and 405 of CWA. If any applicable toxic
				effluent standard or prohibition (including any schedule of compliance
				specified in such effluent standard or prohibition) is promulgated under
				section 307(a) of CWA for a toxic pollutant and that standard or prohibition is
				more stringent than any limitation on the pollutant in the permit, the
				Department shall institute proceedings under these regulations to modify or
				revoke and reissue the permit to conform to the toxic effluent standard or
				prohibition. See also Section 2(a).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-7 - Schedules of compliance [see 40 CFR 122.47]

Current through 2024-29, July 17, 2024
(a) General. The permit may, when
				appropriate, specify a schedule of compliance leading to compliance with CWA
				and regulations.
(1) Time for compliance. Any
				schedules of compliance under this section shall require compliance as soon as
				possible, but not later than the applicable statutory deadline under the
				CWA.
(2) The first NPDES 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 dischargers, 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.
(3)
				Interim dates. Except as provided in paragraph (b)(1)(ii) of this section, if a
				permit establishes a schedule of compliance which exceeds 1 year from the date
				of permit issuance, the schedule shall set forth interim requirements and the
				dates for their achievement.
(i) The time
				between interim dates shall not exceed 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 shall not exceed six months.
(ii) If the time necessary for completion of
				any interim requirement (such as the construction of a control facility) is
				more than 1 year and is not readily divisible into stages for completion, the
				permit shall specify interim dates for the submission of reports of progress
				toward completion of the interim requirements and indicate a projected
				completion date.
Note: Examples of interim requirements include: (a) Submit a
				  complete Step 1 construction grant (for POTWs); (b) let a contract for
				  construction of required facilities; (c) commence construction of required
				  facilities; (d) complete construction of required facilities.
(4) Reporting. The permit shall be
				written to require that no later than 14 days following each interim date and
				the final date of compliance, the permittee shall notify the Department in
				writing of its compliance or noncompliance with the interim or final
				requirements, or submit progress reports if paragraph (a)(3)(ii) is
				applicable.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-8 - Requirements for recording and reporting of monitoring [see 40 CFR 122.48]

Current through 2024-29, July 17, 2024
All permits shall specify:
(a) Requirements concerning the proper use,
				maintenance, and installation, when appropriate, of monitoring equipment or
				methods(including biological monitoring methods when appropriate);
(b) Required monitoring including type,
				intervals, and frequency sufficient to yield data which are representative of
				the monitored activity including, when appropriate, continuous
				monitoring;
(c) Applicable
				reporting requirements based upon the impact of the regulated activity and as
				specified in Section 5. Reporting shall be no less frequent than specified in
				the above regulation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-9 - Disposal of pollutants into wells, into publicly owned treatment works or by land application [see 40 CFR 122.50]

Current through 2024-29, July 17, 2024
(a) When part of a discharger's process
				wastewater is not being discharged into waters of the State or contiguous zone
				because it is disposed 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 an
				NPDES permit shall be adjusted to reflect the reduce draw waste resulting from
				such disposal. Effluent limitations and standards in the permit shall be
				calculated by one of the following methods:
(1) 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.
(2) In all cases other than those described
				in paragraph (a)(1) of this section, 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 flow 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 Chapter 524 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.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Section 096-523-10 - Conditions requested by the Corps of Engineers and other government agencies [see 40 CFR 124.59]

Current through 2024-29, July 17, 2024
(a) If during the
				comment period for an NPDES draft permit, the District Engineer advises the
				Department in writing that anchorage and navigation of any of the waters of the
				State would be substantially impaired by the granting of a permit, the permit
				shall be denied and the applicant so notified. If the District Engineer advised
				the Department that imposing specified conditions upon the permit is necessary
				to avoid any substantial impairment of anchorage or navigation, then the
				Department shall include the specified conditions in the permit. Review or
				appeal of denial of a permit or of conditions specified by the District
				Engineer shall be made through the applicable procedures of the Corps of
				Engineers, and may not be made through the procedures provided in 40 CFR part
				124. If the conditions are stayed by a court of competent jurisdiction or by
				applicable procedures of the Corps of Engineers, those conditions shall be
				considered stayed in the NPDES permit for the duration of that stay.
(b) If during the comment period the U.S.
				Fish and Wildlife Service, the National Marine Fisheries Service, or any other
				State or Federal agency with jurisdiction over fish, wildlife, or public health
				advises the Department in writing that the imposition of specified conditions
				upon the permit is necessary to avoid substantial impairment of fish,
				shellfish, or wildlife resources, the Department shall include the specified
				conditions in the permit to the extent they are determined necessary to carry
				out the provisions of
				40 CFR
				122.49 and of the CWA.
(c) In appropriate cases the Department may
				consult with one or more of the agencies referred to in this section before
				issuing a draft permit and may reflect their views in the fact sheet or the
				draft permit.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS › Appendix 096-523-A - NPDES Primary Industry Categories

Current through 2024-29, July 17, 2024
Any permit issued after June 30, 1981 to dischargers in the
				  following categories shall include effluent limitations and a compliance
				  schedule to meet the requirements of section 301(b)(2)(A), (C), (D), (E)and (F)
				  of CWA, whether or not applicable effluent limitations guidelines have been
				  promulgated. See
				  40
				  CFR 122.44 and
				  122.46.
Industry Category
Adhesives and sealants
Aluminum forming
Auto and other laundries
Battery manufacturing
Coal mining
Coil coating
Copper forming
Electrical and electronic components
Electroplating
Explosives manufacturing
Foundries
Gum and wood chemicals
Inorganic chemicals manufacturing
Iron and steel manufacturing
Leather tanning and finishing
Mechanical products manufacturing
Nonferrous metals manufacturing
Ore mining
Organic chemicals manufacturing
Paint and ink formulation
Pesticides
Petroleum refining
Pharmaceutical preparations
Photographic equipment and supplies
Plastics processing
Plastic and synthetic materials manufacturing
Porcelain enameling
Printing and publishing
Pulp and paper mills
Rubber processing
Soap and detergent manufacturing
Steam electric power plants
Textile mills
Timber products processing
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Section 096-524-1 - References to Federal Regulations and definitions

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 1998, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR). Definitions for terms used in this rule may be found Chapter
				  520.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-2 - Criteria and Standards for Imposing Technology-Based Treatment Requirements Under Sections 301(b) and 402 of the Act [see 40 CFR 125, subpart A] › Subsection 096-524-2-I - Purpose and Scope

Current through 2024-29, July 17, 2024
This section establishes criteria and standards for the
					 imposition of technology-based treatment requirements in permits under section
					 301(b) of the Act, including the application of EPA promulgated effluent
					 limitations and case-by-case determinations of effluent limitations under
					 section 402(a)(1) of the Act.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-2 - Criteria and Standards for Imposing Technology-Based Treatment Requirements Under Sections 301(b) and 402 of the Act [see 40 CFR 125, subpart A] › Subsection 096-524-2-II - Technology-based treatment requirements in permits

Current through 2024-29, July 17, 2024
(a) General. Technology-based treatment
				  requirements under section 301(b) of the Act represent the minimum level of
				  control that must be imposed in a permit issued under section 402 of the Act.
				  (See Chapter 523 for a discussion of additional or more stringent effluent
				  limitations and conditions.) Permits shall contain the following
				  technology-based treatment requirements in accordance with the following
				  statutory deadlines;
(1) For POTW's, effluent
				  limitations based upon:
(i) Secondary
				  treatment--from date of permit issuance; and
(ii) The best practicable waste treatment
				  technology--not later than July 1, 1983; and
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-3 - Criteria for Issuance of Permits to Aquaculture Projects [see 40 CFR 125, Subpart B] › Subsection 096-524-3-I - Purpose and scope

Current through 2024-29, July 17, 2024
(a) These
				  regulations establish guidelines under sections 318 and 402 of the Act for
				  approval of any discharge of pollutants associated with an aquaculture
				  project.
(b) The regulations
				  authorize, on a selective basis, controlled discharges which would otherwise be
				  unlawful under the Act in order to determine the feasibility of using
				  pollutants to grow aquatic organisms which can be harvested and used
				  beneficially. EPA policy is to encourage such projects, while at the same time
				  protecting other beneficial uses of the waters.
(c) Permits issued for discharges into
				  aquaculture projects under this chapter are NPDES permits and are subject to
				  the applicable requirements of Chapters 521, 522 and 523 and 40 CFR part 123.
				  Any permit shall include such conditions (including monitoring and reporting
				  requirements) as are necessary to comply with those parts. Technology-based
				  effluent limitations need not be applied to discharges into the approved
				  project except with respect to toxic pollutants.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 524 - CRITERIA AND STANDARDS FOR WASTE DISCHARGE LICENSES › Sec2 096-524-3 - Criteria for Issuance of Permits to Aquaculture Projects [see 40 CFR 125, Subpart B] › Subsection 096-524-3-II - Criteria

Current through 2024-29, July 17, 2024
(a) No NPDES permit shall be issued to an
				  aquaculture project unless:
(1) The
				  Department determines that the aquaculture project:
(i) Is intended by the project operator to
				  produce a crop which has significant direct or indirect commercial value (or is
				  intended to be operated for research into possible production of such a crop);
				  and
(ii) Does not occupy a
				  designated project area which is larger than can be economically operated for
				  the crop under cultivation or than is necessary for research
				  purposes.