Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 529 - GENERAL PERMITS FOR CERTAIN WASTEWATER DISCHARGES › Section 096-529-3 - Terms and conditions applicable to all general permits

Current through 2024-29, July 17, 2024
(a) Notice Required. Prior to discharging
				under the terms of a general permit, a person must file with the Department an
				initial Notice of Intent (NOI) for coverage on a form provided by the
				Department for the specific discharge category. A copy of the initial NOI form
				shall be provided by the applicant to the municipal office of the town or city,
				or the county commissioners in the case of an unorganized territory, in which
				the discharge will occur at the time it is submitted to the Department. A check
				for the appropriate fee amount must accompany each NOI in order for the
				application for coverage under the general permit to be considered to be
				complete.
Public notice. The Department may specify in a general permit
				  a procedure for providing public notice of the notice of intent or other
				  coverage filings submitted to the Department. Whether such notice will be
				  required, the type of notice and the timing of notice will be determined with
				  consideration to the nature of the discharge, the anticipated level of public
				  interest in the activity and the substance of the filing required by the
				  general permit. Means of providing public notice may include but are not
				  limited to publication in a newspaper, notifying abutters, filing a notice with
				  the municipal office and/or county commissioners or posting on an internet web
				  site maintained by the Department.
(b) Effective date of coverage. The
				Department must notify an applicant for coverage under a general permit within
				a time period specified in the general permit as to whether or not coverage for
				the specific discharge is accepted. If the Department does not notify the
				applicant within the specified time, the NOI is deemed to be accepted and
				coverage is granted. In the event coverage is not granted, the Department shall
				notify the applicant of the reasons for not granting coverage. Discharges not
				acceptable for general permit coverage may apply for issuance of an individual
				discharge permit.
(c) Continuing
				Coverage. Coverage under an existing general permit will be continued upon
				payment of an applicable fee(s), provided there are no significant or material
				changes in the discharge as described in the NOI. If significant or material
				changes occur or are proposed, the person having filed the NOI must notify the
				Department, as specified in the general permit. Prior to expiration of a
				general permit, the Department shall make a determination if it is to be
				renewed, and, if so, will commence renewal proceedings. If the general permit
				is to be renewed, it shall remain in force until the Department takes final
				action on the renewal. Upon reissuance of a new General Permit, persons wishing
				to continue coverage must so notify the Department as specified in the new
				general permit.
(d) Transfers of
				ownership. In the event that the ownership of a discharge is transferred to a
				new owner, the new owner may obtain coverage under the general permit as
				specified in the general permit. The new owner may be required to either file a
				new NOI or to notify the Department in writing to transfer the NOI. If changes
				in the discharge are proposed, a new NOI must be filed. The prior owner may be
				required to file a notice of termination or cosign an application for
				transfer.
(e) Sampling and test
				procedures. Where a general permit requires sampling and testing of an effluent
				or other waste stream, all samples and measurements shall be representative of
				the volume and nature of the activity being monitored. The sampling,
				preservation, handling and analytical methods used must conform with Standard
				Methods for the Examination of Water and Waste Water, American Public Health
				Association, 1015 Fifteenth Street, NW Washington, D.C., 20th edition or
				methods referenced in 40 CFR Part 136. However, different but equivalent
				methods are allowable if they receive prior written approval from the
				Department.
(f) Monitoring
				requirements. In addition to monitoring required by the conditions of specific
				general permit, the Department may require additional monitoring of an
				individual discharge as may be reasonably necessary in order to characterize
				the nature, volume or other attributes of that discharge or its
				sources.
(g) Removed substances.
				Solids, sludges, filter backwash or other pollutants removed or resulting from
				the treatment of wastewaters shall be disposed of in a manner approved by the
				Department.
(h) Other applicable
				conditions. The following conditions also apply to discharges pursuant to any
				general permit and are incorporated herein as if fully set forth.
(1) Chapter 523, Section 2 (applicable to all
				discharges)
(2) Chapter 523,
				Section 3 (applicable to certain categories of discharges)