Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 6 - Wastewater Pollution Control Regulations › 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 › Subchapter 1 - Wastewater Permit Regulations › Rule 11-6-1.1.3 - Procedural Aspects of Permit Issuance

Current through June 25, 2024
A. Permits:
				  Preliminary Determinations, Draft Permits, Certificates of Coverage and
				  Variances
(1) When the Executive Director or
				  his/her authorized representative is satisfied that the application is
				  complete, a preliminary determination with regard to the application will be
				  made, including a proposed determination to issue or deny a State, UIC, NPDES
				  permit or coverage under an issued NPDES general permit or under an issued
				  State general permit for the discharge described in the application.
(2) If the proposed determination is to grant
				  coverage under an issued NPDES general permit or under an issued State general
				  permit, the Permit Board or its designee shall issue a certificate of coverage
				  to the applicant.
(3) If the
				  proposed determination is to issue a State, UIC, or NPDES permit, additional
				  preliminary determinations shall be made as follows:
(a) proposed effluent limitations shall be
				  identified for the constituents proposed to be limited with a supporting
				  rationale (individual storm water permit rationales shall follow the procedures
				  set forth in Rule 1.2.6.E of these regulations);
(b) a proposed schedule of compliance for
				  meeting the proposed effluent limitations, including interim dates and
				  requirements, if applicable, shall be established (schedules of compliance are
				  impermissible for water quality based limitations, except when new, more
				  stringent standards are adopted); and
(c) a description of any other proposed
				  restrictions or other conditions determined necessary or appropriate by the
				  Executive Director or his/her authorized representative which will
				  significantly affect the discharge.
(4) The Executive Director or his/her
				  authorized representative shall prepare a draft permit based upon the
				  preliminary determinations made pursuant to Rule 1.1.3.A. and C
The draft permit shall be mailed to the applicant for
					 comment, except in the case of an NPDES general permit or a State general
					 permit. In the case of an NPDES or UIC permit, the draft permit shall be mailed
					 to the Regional Administrator (or his/her designee) before public notice of the
					 draft NPDES or UIC permit. The Regional Administrator (or his/her designee) may
					 waive his right to comment on draft permits, except for general permits.
(5) Any request for variances as
				  defined in
				  40 CFR
				  124.62(a) must be submitted
				  pursuant to
				  40 CFR
				  124.62(e), which is
				  incorporated herein and adopted by reference.
(6) The draft permit requirements contained
				  in 40 CFR 124.6(a), (c),
				  (d), and (e) as of the date the application
				  is deemed complete are incorporated herein and adopted by reference with
				  respect to NPDES permits and UIC permits.