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 11-6-1.1.4 - Terms and Conditions Applicable to Permits

Current through June 25, 2024
A. All
				  Permits, Unless Otherwise Noted in These Regulations or in Federal Regulations
				  Referenced Herein:
(1) Prohibitions
A permit shall not be issued when any of the prohibitions
					 contained in
					 40
					 CFR 122.4 as of the date the permit is issued
					 which is incorporated herein and adopted by reference, are applicable.
(2) Duty to Comply
The permit conditions applicable to all permits contained
					 in
					 40
					 CFR 122.41(a)(l),
					 144.51
					 and
					 144.52
					 as of the date the permit is issued are incorporated herein and adopted by
					 reference.
(3) Permit
				  Conditions and Limitations
The Permit Board shall establish permit conditions and
					 limitations pursuant to
					 40
					 CFR 122.43 and
					 122.44
					 as of the date the permit is issued, which sections are incorporated herein and
					 adopted by reference. The Permit board shall also require additional or more
					 stringent requirements than promulgated effluent limitations guidelines or
					 standards under Sections 301, 304, 306, 307, 318, and 405 of the Federal Act
					 necessary to:
(a) Achieve water
				  quality standards established under Section 303 of the Federal Act, including
				  State narrative criteria for water quality.
(1) Limitations must control all pollutants
				  or pollutant parameters (either conventional, non-conventional, or toxic
				  pollutants) which the Permit Board determines are or may be discharged at a
				  level which will cause, have the reasonable potential to cause, or contribute
				  to an excursion from any State water quality standard, including State
				  narrative criteria for water quality. The permittee may utilize testing
				  procedures for the analysis of pollutants set forth in 40 CFR 122, 136, 141,
				  143, 430, 455, 465, and 503 which are incorporated herein and adopted by
				  reference.
(2) When determining
				  whether a discharge causes, has the reasonable potential to cause, or
				  contributes to an in-stream excursion from a narrative or numeric criteria
				  within a State water quality standard, the Permit Board shall use procedures
				  which account for existing controls on point and nonpoint sources of pollution,
				  the variability of the pollutant or pollutant parameter in the effluent, the
				  sensitivity of the species to toxicity testing (when evaluating whole effluent
				  toxicity), and where appropriate, the dilution of the effluent in the receiving
				  water.
(3) When the Permit Board
				  determines, using the procedures in A.3.a.(2) of this Rule, that a discharge
				  causes, has the reasonable potential to cause, or contributes to an instream
				  excursion above the allowable ambient concentration of a State numeric criteria
				  within a State water quality standard for an individual pollutant, the permit
				  must contain effluent limits for that pollutant.
(4) When the Permit Board determines, using
				  the procedures in A.3.a.(2) of this Rule, that a discharge causes, has the
				  reasonable potential to cause, or contributes to an in-stream excursion above
				  the numeric criterion for whole effluent toxicity, the permit must contain
				  effluent limits for whole effluent toxicity.
(5) Except as provided in this subparagraph,
				  when the Permit Board determines, using the procedures in A.3.a.(2) of this
				  Rule, toxicity testing data, or other information, that a discharge causes, has
				  the reasonable potential to cause, or contributes to an instream excursion
				  above a narrative criterion within an applicable State water quality standard,
				  the permit must contain effluent limits for whole effluent toxicity. Limits on
				  whole effluent toxicity are not necessary where the Permit Board demonstrates
				  in the fact sheet or statement of basis of the NPDES permit, using the
				  procedures in A.3.a.(2) of this Rule, that chemical-specific limits for the
				  effluent are sufficient to attain and maintain applicable numeric and narrative
				  State water quality standards.
(6)
				  Where the State has not established a water quality criterion for a specific
				  chemical pollutant that is present in an effluent at a concentration that
				  causes, has the reasonable potential to cause, or contributes to an excursion
				  above a narrative criterion within an applicable State water quality standard,
				  the Permit Board must establish effluent limits using one or more of the
				  following.
(i) Establish effluent limits using
				  a calculated numeric water quality criterion for the pollutant which the Permit
				  Board demonstrates will attain and maintain applicable narrative water quality
				  criteria and will fully protect the designated use. Such a criterion may be
				  derived using a proposed State criterion, or an explicit State policy or
				  regulation interpreting its narrative water quality criterion, supplemented
				  with other relevant information which may include; EPA's Water Quality
				  Standards Handbook, 2nd Edition September 1993, risk assessment data, exposure
				  data, information about the pollutant from the Food and Drug Administration,
				  and current EPA criteria documents.
(ii) Establish effluent limits on a
				  case-by-case basis, using EPA's water quality criteria, published under Section
				  307(a) of the Federal Act, supplemented where necessary by other relevant
				  information.
(iii) Establish
				  effluent limitations on an indicator parameter for the pollutant of concern,
				  provided:
(A) the permit identifies which
				  pollutants are intended to be controlled by the use of the effluent
				  limitation;
(B) the fact sheet
				  required by
				  40
				  CFR 124.56 sets forth the basis for the
				  limit, including a finding that compliance with the effluent limit on the
				  indicator parameter will result in controls on the pollutant of concern which
				  are sufficient to attain and maintain applicable water quality
				  standards;
(C) the permit requires
				  all effluent and ambient monitoring necessary to show that during the term of
				  the permit the limit on the indicator parameter continues to attain and
				  maintain applicable water quality standards; and
(D) the permit contains a reopener clause
				  allowing the Permit Board to modify or revoke and reissue the permit if the
				  limits on the indicator parameter no longer attain and maintain applicable
				  water quality standards.
(7) When developing water quality based
				  effluent limits under this paragraph the Permit Board shall ensure that:
(i) the level of water quality to be achieved
				  by limits on point sources established under this paragraph is derived from,
				  and complies with all applicable water quality standards; and
(ii) effluent limits developed to protect a
				  narrative water quality criterion, a numeric water quality criterion, or both,
				  are consistent with the assumptions and requirements of any available wasteload
				  allocation for the discharge prepared by the State and approved by EPA pursuant
				  to
				  40
				  CFR 130.7.
(b) Attain or maintain a specified water
				  quality through water quality related effluent limits established under section
				  302 of the Federal Act;
(c) Conform
				  to the conditions of a State certification under section 401 of the Federal Act
				  that meets the requirements of
				  40 CFR 124.53
				  when EPA is the permitting authority. If a State certification is stayed by a
				  court of competent jurisdiction or an appropriate State board or agency, EPA
				  shall notify the State that the agency will deem certification waived unless a
				  finally effective State certification is received within sixty days from the
				  date of the notice. If the State does not forward a finally effective
				  certification within the sixty day period, EPA shall include conditions in the
				  permit that may be necessary to meet EPA's obligation under section
				  301(b)(1)(C) of the Federal Act;
(d) Conform to applicable water quality
				  requirements under Section 401(a)(2) of the Federal Act when the discharge
				  affects a state other than the certifying state;
(e) Incorporate any more stringent
				  limitations, treatment standards, or schedule of compliance requirements
				  established under federal or State law or regulations in accordance with
				  section 301(b)(1)(C) of the Federal Act;
(f) Ensure consistency with the requirements
				  of a Water Quality Management plan approved by EPA under Section 208(b) of the
				  Federal Act;
(g) Incorporate
				  Section 403(c) criteria under part 125, subpart M, for ocean
				  discharges;
(h) Incorporate
				  alternative effluent limitations or standards where warranted by "fundamentally
				  different factors", under 40 CFR part 125, D;
(i) Incorporate any other appropriate
				  requirements, conditions, or limitations (other than effluent limitations) into
				  a new source permit to the extent allowed by the National Environmental Policy
				  Act,
				  42 U.S.C.
				  4321, et seq. and Section 511 of the Federal
				  Act, when EPA is the permit issuing authority. (See
				  40 CFR
				  122.29(c) ).
(4) When applicable, a permit
				  issued by the Permit Board shall contain terms and conditions deemed necessary
				  or appropriate by the Permit Board to insure compliance with at least the
				  following effluent standards and limitations:
(a) Effluent limitations for publicly owned
				  treatment works and other discharges, including indirect discharges, when
				  promulgated by the Administrator of EPA pursuant to Sections 204(b), 301, 302,
				  303, and 307 of the Federal Act, in accordance with and subject to the date of
				  compliance prescribed therein, if the limitations are not in conflict with the
				  State law or the Federal Act.
(b)
				  Standards of performance when promulgated by the Administrator of EPA, for new
				  sources within the categories defined in Section 306 of the Federal
				  Act.
(c) If the permit is for a
				  discharge from a publicly owned treatment works, standards of performance,
				  pretreatment standards or effluent limitations or prohibitions when promulgated
				  by the Administrator of EPA for toxic substances, monitoring and charges
				  pursuant to Sections 204(b), 307, and 308 of the Federal Act. Toxicity
				  screening and limitations shall be established in accordance with Rule 1.1.2 of
				  these regulations.
(d) Any other
				  more stringent limitation deemed necessary by the Permit Board to meet
				  applicable water quality standards, treatment standards or schedules of
				  compliance established pursuant to the State law or regulations promulgated
				  pursuant thereto, or necessary to meet other Federal law or regulations enacted
				  or promulgated subsequent to this regulation, or required to meet any
				  applicable water quality standards including applicable requirements necessary
				  to meet Total Maximum Daily Loads established by and incorporated into the
				  State's continuing planning process required pursuant to Section 303 of the
				  Federal Act.
(e) The conditions
				  regarding reissued permits contained in
				  40
				  CFR 122.44(l) are
				  incorporated herein and adopted by reference.
(f) The effluent limitations promulgated by
				  EPA pursuant to Sections 301, 302, 303, 306, and 307 of the Federal Act shall
				  become immediately enforceable as if a duly promulgated regulation of the
				  Commission.
(5)
				  Consistency with Water Quality Standards
When a State or an NPDES permit issued by the Permit Board
					 contains any effluent standards or limitations set forth in 1.1.4.A.3. and 4.
					 of this Rule, the Permit Board shall verify that the discharge authorized by
					 the issued permit will not violate applicable water quality standards. When a
					 permit contains additional effluent limitations based upon applicable water
					 quality standards, the Permit Board staff shall prepare a wasteload allocation
					 ensuring that the discharge authorized by the issued permit is consistent with
					 applicable water quality standards,
					 40
					 CFR 122.44(a)-(d) (which are
					 incorporated herein and adopted by reference) and Rule 1.1.2 of these
					 regulations.
(6)
				  Requirements to Comply with Plans
The Permit Board, if it deems necessary, may impose any
					 further requirements under the terms and conditions of a State, UIC, or NPDES
					 permit to comply with an area-wide waste treatment management plan, or
					 amendments thereto, prepared by a management agency pursuant to Section 208(b)
					 of the Federal Act, or a facilities plan prepared in accordance with Title II
					 or Title VI of the Federal Act.
(7) Interim Requirements
Prior to promulgation of regulations by the Administrator
					 of EPA relating to applicable effluent standards or limitations or standards of
					 performance set forth in Rule 1.1.4.A.3, the Permit Board may impose any
					 standard, limitation or condition within the State or NPDES permit to ensure
					 compliance with the State law and the Federal Act.
(8) Calculating and Determining Permit Limits
The permit shall contain conditions calculated in
					 accordance with
					 40
					 CFR 122.45, which is incorporated herein and
					 adopted by reference. When issuing a State, UIC, or NPDES permit pursuant to
					 the State law and this regulation, the Permit Board shall specify therein,
					 where applicable, average and maximum daily quantitative limitations for the
					 level of wastewater constituents in the authorized discharge in terms of weight
					 and, if appropriate, average or maximum concentration limits.
(9) Schedules of Compliance
(a) A person issued a State, UIC, or NPDES
				  permit by the Permit Board pursuant to Rule 1.1.3.H and who is not in
				  compliance with applicable effluent standards and limitations or other
				  requirements contained therein at the time the permit is issued, shall be
				  required to achieve compliance within a period of time as set forth by the
				  Permit Board, with effluent standards and limitations, with water quality
				  standards, or with specific requirements or conditions set by the Permit Board.
				  The Permit Board shall require compliance with terms and conditions of the
				  permit in the shortest reasonable period of time. For UIC permits, this time
				  shall not exceed three (3) years.
(b) If a time schedule for compliance
				  specified in a State, UIC, or NPDES permit which is established by the Permit
				  Board pursuant to Rule 1.1.4.A.9.a above exceeds one year, the time schedule
				  shall provide for interim target dates for compliance with selected terms and
				  conditions of the permit. Each interim target date specified in the permit
				  shall not exceed one year.
(c) A
				  discharger who fails or refuses to comply with either an interim or final date
				  of compliance specified in a State, UIC, or NPDES permit may be deemed by the
				  Commission to be in violation of the permit and may be subject to enforcement
				  action prescribed in the State law or this regulation.
(d) Unless otherwise provided in these
				  regulations, the total length of time for the following to be accomplished
				  shall not exceed three years:
(1) the
				  determination that a particular limit is needed,
(2) the length of a compliance schedule to
				  achieve that limit, and
(3) any
				  instream or other study to determine an alternative limit or water quality
				  criterion
(e) An NPDES
				  permit may, when appropriate, specify a schedule of compliance leading to
				  compliance with the Federal Act and regulations in accordance with
				  40 CFR
				  122.47 which is incorporated herein and
				  adopted by reference.
(10) Compliance Schedule Reports by
				  Dischargers
Within 14 days after either an interim or final date of
					 compliance specified in a State, UIC, or NPDES permit, a permittee shall
					 provide the Permit Board with written notice of his compliance or noncompliance
					 with the requirements or conditions specified to be completed by that date.
					 Failure to submit the written notice to the Permit Board shall be considered a
					 violation of the compliance requirements of the permit, for which the
					 Commission may be asked to take enforcement action.
(11) Closure Requirements
When issuing a State or NPDES permit pursuant to the State
					 law and this regulation, the Permit Board shall require submittal of a Closure
					 Plan.
(a) no later than 90 days prior
				  to abandonment and
(b) within 90
				  days of decommissioning the treatment works.
The Closure Plan shall address how and when all
					 manufactured products, by-products, raw materials, stored chemicals, and solid
					 and liquid waste and residues will be removed from the premises so that no
					 potential environmental hazard to the waters of the State will be
					 presented.
(12)
				  Spill Prevention and Best Management Plans
(a)
				  For facilities which have bulk storage of materials (including but not limited
				  to, all raw, finished and/or waste material), the permit shall contain terms
				  and conditions necessary to prevent the potential release of these materials
				  and storm water contaminated with these materials. Such requirements may
				  include the requirements for a Spill Prevention Control and Countermeasures
				  Plan or a Best Management Plan. For those facilities that have above ground
				  bulk storage not subject to Hazardous Waste Management Regulations or 40 CFR
				  112 (Oil Pollution Prevention) regulations, secondary containment or equivalent
				  protective measures must be provided for storage of materials and/or liquids
				  with chronic or acute potential for pollution impact on waters of the State
				  regardless of whether it is a raw material, product, waste, or by-product.
				  Secondary containment requirements as found in 40 CFR 112 (for petroleum
				  products), which is incorporated herein and adopted by reference, shall be
				  utilized for these non-petroleum facilities unless an equivalent amount of
				  protection may be provided by measures including trenches or waterways which
				  would conduct any tank releases to a permitted treatment system or sufficient
				  equalization or treatment capacity needed to prevent chronic/acute pollution
				  impact.
(b) Tank Systems with High
				  Potential for Pollution Impact.
The Permit Board may require permits to contain secondary
					 containment or other engineering practices for tank systems with chronic or
					 acute potential for pollution impact on waters of the State.
(c) The Permit Board may require the
				  development of, and approval of, Best Management Practices Plans addressing any
				  activity at a facility which may impact the environment or compliance with the
				  permit.
(d) Notwithstanding
				  anything in this section to the contrary, the Permit Board may require a
				  facility that has above ground storage of liquids and/or materials with the
				  potential to cause chronic or acute pollution impact on waters of the State
				  (which are not subject to Hazardous Waste Management Regulations or 40 CFR 112
				  [Oil Pollution Prevention] regulations) to provide either secondary containment
				  or demonstrate an equivalent amount of protection from discharge of pollutants
				  in amounts which have the potential to cause chronic or acute pollution impact
				  if such secondary measures are necessary to protect human health, welfare or
				  the environment.
(13)
				  Compliance with Permit Conditions
All discharges authorized by the permit shall be consistent
					 with the terms and conditions of the permit and the permittee shall make all
					 reasonable efforts to meet any interim or final dates for compliance specified
					 therein.
(14) Facility
				  Expansion and/or Modification
Any facility expansion, production increases, process
					 modifications, changes in discharge volume or location or other changes in
					 operations or conditions of the permittee which may result in a new or
					 increased discharge of waste, shall be reported to the Permit Board by
					 submission of a new application for a permit pursuant to Rule 1.1.2.A., or if
					 the discharge does not violate effluent limitations specified in the permit, by
					 submitting to the Permit Board a notice of a new or increased discharge.
(15) Reporting Requirements
(a) Planned changes. The permittee shall give
				  notice to the Permit Board as soon as possible of any planned physical
				  alterations or additions, including but not limited to, a change of operation
				  to the permitted facility. Notice is required in the circumstances that follow:
(1) The alteration or addition to a permitted
				  facility may meet one of the criteria for determining whether the facility is a
				  new source in
				  40 CFR
				  122.29(b);
(2) The alteration or addition could
				  significantly change the nature or increase the quantity of pollutants
				  discharged. This notification applies to pollutants which are not subject to
				  either effluent limitations in the permit or notification requirements under
				  40
				  CFR 122.42(a)(1);
				  or
(3) The alteration or addition
				  results in a significant change in the permittee's sludge use or disposal
				  practices, and such alteration, addition, or change may justify the application
				  of permit conditions that are different from or absent in the existing permit,
				  including notification of additional use or disposal sites not reported during
				  the permit application process or not reported pursuant to an approved land
				  application plan.
(b)
				  Anticipated noncompliance. The permittee shall give advance notice to the
				  Permit Board of any planned changes in the permitted facility or activity which
				  may result in noncompliance with permit requirements.
(c) Monitoring reports. Monitoring results
				  shall be reported at the intervals specified in the permit.
(1) Monitoring results must be reported on a
				  Discharge Monitoring Report (DMR) and/or forms provided or specified by the
				  Permit Board for reporting results of monitoring of sludge use or disposal
				  practices.
(2) If the permittee
				  monitors any pollutant as prescribed in the permit more frequently than
				  required by the permit using test procedures approved under 40 CFR Part 136 or,
				  in the case of sludge use or disposal, approved under 40 CFR Part 136 unless
				  otherwise specified in 40 CFR Part 503, or as specified in the permit, the
				  results of this monitoring shall be included in the calculation and reporting
				  of the data submitted in the DMR or sludge reporting form specified by the
				  Permit Board.
(3) Calculations for
				  all limitations which require averaging of measurements shall utilize an
				  arithmetic mean unless otherwise specified by the Permit Board in the
				  permit.
(16)
				  Duty to Provide Information
The permittee shall furnish to the Permit Board, within a
					 reasonable time, any information which the Permit Board may request to
					 determine whether cause exists for modifying, revoking and reissuing, or
					 terminating the permit or to determine compliance with the permit. The
					 permittee shall also furnish to the Permit Board upon request, copies of
					 records required to be kept by the permit.
(17) Inspection and Entry
The permittee shall allow any authorized Commission
					 representative to enter upon the permittee's premises at any reasonable time,
					 to have access to and copy any applicable records, to inspect process
					 facilities, treatment works, monitoring methods or equipment or to take
					 samples, as authorized by Section
					 49-17-29
					 of the Code. In the event of investigation during an emergency response action,
					 a reasonable time shall be any time of the day or night. Follow-up
					 investigations subsequent to the conclusion of the emergency event shall be
					 conducted at reasonable times.
(18) Proper Operation, Maintenance and
				  Replacement
The permittee shall at all times properly operate,
					 maintain, and when necessary, promptly replace all facilities and systems of
					 collection, treatment and control (and related appurtenances) which are
					 installed or used by the permittee to achieve compliance with the conditions of
					 this permit. Proper operation and maintenance includes adequate laboratory
					 controls and appropriate quality assurance procedures. Proper replacement
					 includes maintaining an adequate inventory of replacement equipment and parts
					 for prompt replacement when necessary to maintain continuous collection and
					 treatment of wastewater. This provision requires the operation of back-up or
					 auxiliary facilities or similar systems which are installed by a permittee only
					 when the operation is necessary to achieve compliance with the conditions of
					 the permit. The Permit Board may require regular reporting of internal
					 operational and maintenance parameters necessary to confirm proper operation of
					 a waste treatment system.
(19) Duty to Mitigate
The permittee shall take all reasonable steps to minimize
					 or prevent any discharge or sludge use or disposal in violation of the
					 permit.
(20) Bypass
The terms and conditions regarding bypass contained in
					 40
					 CFR 122.41(m) are
					 incorporated herein and adopted by reference.
(21) Removed Substances
Solids, sludges, filter backwash, or other residuals
					 removed in the course of treatment or control of wastewaters shall be disposed
					 of in a manner such as to prevent such materials from entering state waters and
					 in a manner consistent with the Mississippi Solid Waste Disposal Act, the
					 Federal Resource Conservation and Recovery Act, and the Mississippi Water
					 Pollution Control Act.
(22)
				  Power Failure
If electric power is required, in order to maintain
					 compliance with the conditions and prohibitions of the permit, the permittee
					 shall either:
(a) Provide an
				  alternative power source to operate the wastewater control facilities; or, if
				  such alternative power source is not in existence and no date for its
				  implementation appears in the permit,
(b) Halt, reduce, or otherwise control
				  production and/or all wastewater flows upon reduction, loss, or failure of the
				  primary source of power to the wastewater control facilities.
(23) Oil and Hazardous Substance
				  Liability
Nothing in a permit shall be construed to preclude the
					 institution of any legal action or relieve the permittee from any
					 responsibilities, liabilities, or penalties to which the permittee is or may be
					 subject to under Section 311 of the Federal Act or the applicable provisions
					 under Mississippi law pertaining to the transportation, storage, treatment, or
					 spillage of oil or hazardous substances.
(24) Civil and Criminal Liability
(a) Any person who violates a term, condition
				  or schedule of compliance contained within the permit or the Mississippi Water
				  Pollution Control Law is subject to the actions defined by law.
(b) Except as provided in permit conditions
				  on "Bypassing" and "Upsets" (A.20 and 27 of this Rule) nothing in a permit
				  shall be construed to relieve the permittee from civil or criminal penalties
				  for noncompliance.
(c) It shall not
				  be the defense of the permittee in an enforcement action that it would have
				  been necessary to halt or reduce the permitted activity in order to maintain
				  compliance with the conditions of the permit.
(25) Severability
The provisions of a permit are severable. If any provision
					 of a permit, or the application of any provision of a permit to any
					 circumstances, is challenged or held invalid, the validity of the remaining
					 permit provisions and/or portions thereof or their application to other persons
					 or sets of circumstances, shall not be affected thereby.
(26) Compliance with Toxic Effluent Standards
The permittee shall comply with any toxic effluent standard
					 or prohibition (including any schedule of compliance specified in such effluent
					 standard or prohibition) established under Section 307(a) of the Federal Act.
					 The permittee shall comply with the applicable provisions of
					 40
					 CFR 122.42, which are incorporated herein and
					 adopted by reference.
(27)
				  Upsets
Facilities which experience upset conditions shall meet the
					 conditions of
					 40
					 CFR 122.41(n), which is
					 incorporated herein and adopted by reference, as follows:
(a) Definition. "Upset" means an exceptional
				  incident in which there is unintentional and temporary noncompliance with
				  technology based permit effluent limitations because of factors beyond the
				  reasonable control of the permittee. An upset does not include noncompliance to
				  the extent caused by operational error, improperly designed treatment
				  facilities, inadequate treatment facilities, lack of preventive maintenance, or
				  careless or improper operation.
(b)
				  Effect of an upset. An upset constitutes an affirmative defense to an action
				  brought for noncompliance with such technology based permit effluent
				  limitations if the requirements of 1.1.4.A.27.c. of this Rule are met. Any
				  determination made during administrative review of claims that noncompliance
				  was caused by upset, and before an action for noncompliance, shall not
				  constitute a final administrative action subject to judicial review.
(c) Conditions necessary for demonstration of
				  upset. A permittee who wishes to establish the affirmative defense of upset
				  shall demonstrate, through properly signed contemporaneous operating logs, or
				  other relevant evidence that:
(1) an upset
				  occurred and that the permittee can identify the cause(s) of the
				  upset;
(2) the permitted facility
				  was at the time being properly operated;
(3) the permittee submitted notice of the
				  upset as required in
				  40
				  CFR 122.41(L)(6)(ii)(B)
				  (24-hour notice of noncompliance); and
(4) the permittee complied with any remedial
				  measures required under
				  40
				  CFR 122.41(d) (duty to
				  mitigate).
(d) Burden of
				  proof. In any enforcement proceeding the permittee seeking to establish the
				  occurrence of an upset has the burden of proof.
(28) Monitoring of Discharges Authorized by
				  All Permits: Requirements
(a) The Permit Board
				  may prescribe monitoring requirements for any discharge authorized by a State,
				  UIC, or NPDES permit issued pursuant to this regulation. A State, UIC, or NPDES
				  permit issued pursuant to this regulation may be subject to such monitoring
				  requirements as may be reasonably required by the Permit Board to determine
				  compliance with permit conditions or State Water Quality Criteria. Such
				  monitoring may include the discharge point, instream monitoring, and, include
				  the installation, use, and maintenance of monitoring equipment or methods
				  including, where appropriate, biological monitoring methods. Ambient instream
				  monitoring may be required by the Permit Board to assure that WQBELs are
				  protective of State water quality criteria through consideration of factors,
				  including, but not limited to, the following:
(1) variance to any water quality
				  criteria,
(2) the complexity of the
				  receiving water body,
(3) magnitude
				  and impact or potential impact of the discharge,
(4) amount of available data, and
(5) aquatic life and human health concerns.
The Permit Board will normally require the
					 applicant/permittee to provide the necessary information.
(b) The Regional Administrator (or
				  his/her designee) may require monitoring requirements for reporting and
				  recording of monitoring results contained in
				  40
				  CFR 122.48 which are incorporated herein and
				  adopted by reference.
(c) A
				  discharge authorized by an NPDES permit which the Regional Administrator (or
				  his/her designee) by written request to the Executive Director, requires to be
				  monitored or which contains toxic waste constituents for which an effluent
				  standard or limitation has been established by the Administrator of EPA
				  pursuant to Section 307(a) of the Federal Act, shall be monitored by the
				  permittee for any or all of the following:
(1)
				  The measurement of the discharge in gallons per day or other units specified by
				  the Permit Board.
(2) Waste
				  constituents subject to reduction or elimination under the terms and conditions
				  of the permit.
(3) Specific waste
				  constituents which are determined by the Permit Board to have a significant
				  effect on the quality of the water of the State.
(4) Waste or wastewater constituents
				  specified as subject to monitoring by the Administrator of EPA in regulations
				  promulgated pursuant to the Federal Act.
(5) Any other specific waste constituents
				  which the Regional Administrator (or his/her designee) may request in writing
				  to be monitored.
(d)
				  Test procedures for the analysis of pollutants shall conform to regulations
				  published pursuant to Section 304(h) of the Federal Water Pollution Control
				  Act, as amended.
(e) Samples and
				  measurements taken as required herein shall be representative of the volume and
				  nature of the monitored wastewater.
(f) The frequency of monitoring of a waste
				  discharge required to be monitored pursuant to this regulation shall be
				  specified in a State, UIC, or NPDES permit when issued, except that the Permit
				  Board at any time may require additional monitoring for purposes of determining
				  compliance by so notifying the permittee in writing.
(g) The requirements regarding the disposal
				  of pollutants into wells, into publicly owned treatment works or by land
				  application contained in
				  40
				  CFR 122.50 are incorporated herein and
				  adopted by reference.
(29) Monitoring of Discharges Authorized by
				  All Permits: Recording and Reporting
(a) A
				  permittee required to monitor a waste discharge pursuant to Rule 1.1.4.A.28
				  shall maintain records of all information obtained from such monitoring,
				  including the date, place and time of sampling; the dates analyses were
				  performed; the person performing the analyses; the analytical techniques,
				  procedures or methods used; and the results of such analyses. All records and
				  results of monitoring activities, including calibration and maintenance
				  records, shall be retained by the permittee a minimum of three (3) years unless
				  otherwise required or extended by the Permit Board, copies of which shall be
				  furnished to the Department upon request. Except for data determined to be
				  confidential under the Mississippi Air and Water Pollution Control Law, all
				  reports prepared in accordance with the terms of this permit shall be available
				  for public inspection at the offices of the Department.
(b) The Permit Board may require a permittee
				  to report periodically the results of all required monitoring activities
				  undertaken by the permittee on an appropriate reporting form supplied by the
				  Permit Board. The Permit Board shall notify the permittee of the frequency of
				  reporting. For State permits and NPDES permits, the monitoring frequency shall
				  not be less than once/year and for Pretreatment permits, the frequency shall
				  not be less than twice/year.
(c)
				  Upon written request of the Regional Administrator (or his/her designee), the
				  Executive Director shall transmit any reporting form or other monitoring
				  information required by this regulation.
(d) Any permittee who falsifies, tampers
				  with, or knowingly renders inaccurate any monitoring device or method required
				  by the Permit Board to be maintained as a condition in a permit, or who alters
				  or falsifies the results obtained by such devices or methods and/or any written
				  report required by or in response to a permit condition, shall be deemed to
				  have violated a permit condition and shall be subject to the penalties provided
				  for a violation of a permit condition pursuant to Section
				  49-17-43 of
				  the Code.
(e) Twenty-four hour
				  reporting.
(1) The permittee shall report any
				  noncompliance which may endanger health or the environment. Any information
				  shall be provided orally within 24 hours from the time the permittee becomes
				  aware of the circumstances. A written submission shall also be provided within
				  5 days of the time the permittee becomes aware of the circumstances. The
				  written submission shall contain a description of the noncompliance and its
				  cause; the period of noncompliance, including exact dates and times, and if the
				  noncompliance has not been corrected, the anticipated time it is expected to
				  continue; and steps taken or planned to reduce, eliminate, and/or prevent
				  recurrence of the noncompliance.
(2) The following shall be included as
				  information which must be reported within 24 hours under this paragraph.
(i) Any unanticipated bypass which exceeds
				  any effluent limitation in the permit.
(ii) Any upset which exceeds any effluent
				  limitation in the permit.
(iii)
				  Violation of a maximum daily discharge limitation for any of the pollutants
				  listed by the Permit Board in the permit to be reported within 24
				  hours.
(3) The Executive
				  Director may waive the written report on a case-by-case basis for reports under
				  paragraph (e).(2) of this rule if the oral report has been received within 24
				  hours.
(f) Other
				  noncompliance. The permittee shall report all instances of noncompliance not
				  reported under A.29.e. of this Rule, at the time monitoring reports are
				  submitted or within 30 days from the end of the month in which the
				  noncompliance occurs. The reports shall contain the information listed in
				  A.29.(e)(1) of this Rule.
(g) Other
				  information. Where the permittee becomes aware that it failed to submit any
				  relevant facts in a permit application, or submitted incorrect information in a
				  permit application or in any report to the Permit Board, it shall promptly
				  submit such facts or information.
(30) Testing Procedures for the Analysis of
				  Pollutants for All Permits
Testing procedures include those set forth in 40 CFR 136
					 which is incorporated herein and adopted by reference or alternative procedures
					 approved and/or promulgated by EPA.