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Subject 391-3-6 WATER QUALITY CONTROL

Rule 391-3-6-.01 Organization and Administration

(1) Purpose. The purpose of Rule 391-3-6-.01 is to established the organizational and administrative procedures to be followed in the administration and enforcement of the Georgia Water Quality Control Act, as amended, and to carry out the purposes and requirements of said Act and of the Federal Water Pollution Control Act Amendments of 1972, as amended
(2) Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Georgia Water Quality Control Act, as amended, unless otherwise defined in this Paragraph or in any other Paragraph of these rules:
(a) "Act" means the Georgia Water Quality Control Act, as amended;
(b) "Board" means the Board of Natural Resources of the State of Georgia;
(c) "Department" means the Department of Natural Resources of the State of Georgia;
(d) "Director" means the Director of the Division of Environmental Protection of the Department of Natural Resources, State of Georgia;
(e) "Division" means the Division of Environmental Protection of the Department of Natural Resources, State of Georgia;
(f) "E.P.A." means the United States Environmental Protection Agency;
(g) "Federal Act" means the Federal Water Pollution Control Act Amendments of 1972, as amended;
(h) "Final Stabilization" means paved areas or areas covered by permanent structures or for unpaved areas and areas not covered by permanent structures, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the region. For infrastructure construction projects on land used for agricultural or silvicultural purposes, final stabilization may be accomplished by stabilizing the disturbed land for its agricultural or silvicultural use.
(i) "National Pollutant Discharge Elimination System" (NPDES) means the national system for the issuance of permits under Section 402 of the Federal Water Pollution Control Act Amendments of 1972;
(j) "Regional Administrator" means the Regional Administrator for the EPA region which includes the State of Georgia.
(k) "Primary Permittee" means the owner or the operator of a tract of land for a project covered by the State General Permit.
(l) "State General Permit" means the National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30.
(3) Organization. The Division of Environmental Protection of the Department of Natural Resources is responsible for enforcing those environmental protection laws of the State of Georgia as specified in the Executive Reorganization Act of 1972, as amended. Requests for information and submission of materials should be made to the Division office.
(4) Administrative Hearings.
(a) Hearings may be held in accordance with the Act in connection with the following matters:
1. To determine whether or not an alleged pollution is contrary to the public interest;
2. In connection with the securing, within the time specified by order or permit of the Director, of such operating results as are reasonable and practicable of attainment toward the control, abatement or prevention of pollution of the waters of the State and preservation of the necessary quality for the reasonable use thereof;
3. In connection with notice to the holder of a permit of intent to revoke, suspend, or modify the permit;
4. In connection with the refusal of any person to cooperate with the efforts of the Division to reduce pollution, and upon the issuance of an order by the Director, to bring about the reduction or elimination of pollution within a reasonable time;
5. Any person who is aggrieved or adversely affected by an order or action of the Director and who petitions the Director for a hearing within thirty (30) days of the issuance of such order or notice of such action. Such person shall be granted a hearing before a hearing officer appointed by the Board of Natural Resources. The initial hearing any administrative review thereof shall be conducted in accordance with Section 17(a) of the Executive Reorganization Act of 1972, as amended.
6. Any person against whom an emergency order is directed, provided such person petitions the Director for a hearing within the thirty (30) days of the issuance of such order. Such person shall be afforded a hearing as soon as possible.
7. In connection with public hearings required pursuant to Section 402(b)(3) of the Federal Act and Federal Regulations, 40 C.F.R. 124.36.
8. In connection with public hearings or public participation required pursuant to Section 101(e) of the Federal Act.
(b) Insofar as applicable to the administrative procedures required pursuant to the Georgia Water Quality Act, as amended, Sections 14, 15, 16, 17, and 18 of the Georgia Administrative Procedure Act, as amended, and Section 17(a) of the Executive Reorganization Act of 1972, as amended, shall apply.
(5) Public Participation.Notice:
(a) Notice of all hearings provided for above shall be issued in accordance with Section 14 of the Georgia Administrative Procedure Act, as amended, and Federal Regulations, 40 C.F.R. 124.37.
(b) Interested persons shall have the right to participate in the enforcement of the Georgia Water Quality Control Act and rules promulgated thereunder pursuant to the applicable provisions of the Georgia Water Quality Control Act, § O.C.G.A. 12-5-20, et seq.; § O.C.G.A. 50-13-1, et seq.; the Georgia Civil Practices Act, § O.C.G.A. 9-11-1, et seq.; or any other applicable provision of Georgia law.
(6) Notice to File Plan of Correction or Improvement.
(a) In order to carry out a comprehensive plan to prevent and control pollution, the Division, as required by Section 5 of the Act and Section 303 of the Federal Act, may conduct studies and perform evaluations to determine waste load allocations in order to specify the degree of treatment and/or technology necessary to achieve the established effluent limitations; the maintenance of existing wastewater treatment technology, supplementary treatment or other specific measures necessary to attain and maintain applicable water quality standards, and protect the downstream users; or such other measures to prevent further pollution or reduce existing pollution. Upon the establishment of the necessary corrective action, the discharger will be required to file a plan and schedule of improvement with the Division. The Director may issue a notice to any person to submit within a specified time a plan of improvement and schedule for compliance with the specified requirements.
(b) The Director is authorized to approve plans, specifications, and related material, and to issue permits on behalf of the Division to persons who apply for such permits in accordance with Section 10 of the Act and such rules as are adopted and promulgated pursuant to same.
(7) Director of the Environmental Protection Division; Conflicts of Interest. The Director of the Environmental Protection Division shall fully meet and qualify as to the conflict of interest requirements provided for in the Federal Water Pollution Control act, as amended, 33 U.S.C. § 1314(i). (D), and the rules and regulations thereunder, particularly Federal Regulations, 40 C.F.R. 123.25(c).
(8) Effective Date. This Rule shall become effective twenty days after filing with the Secretary of State's office.

Rule 391-3-6-.02 Preparation and Submission of Engineering Reports, Plans Specifications, and Environmental Information Documents

(1) Purpose. The purpose of Rule 391-3-6-.02 is to establish procedures to:
(a) Be followed by persons submitting to the Division engineering reports, plans and specifications, and related materials for the construction of any system for the disposal or treatment of pollutants;
(b) Provide for environmental assessment and public participation for all proposed publicly owned wastewater treatment facility construction, including construction, upgrading, or expansion of new or existing facilities.
(2) Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Act, unless otherwise defined in this Paragraph or in any other Paragraph of these Rules:
(a) "Professional Engineer." As used in this chapter, the term means the same as the definition contained in O.C.G.A. Section 43-15-2(10).
(b) "Owner." Any person owning or operating any system for the disposal or treatment of pollutants.
(c) "Sewerage System" means any system for the treatment or disposal of pollutants, including treatment works, pipe lines or conduits, pumping stations and force mains, and all other constructions, devices, and appliances appurtenant thereto, used for conducting pollutants to the point of ultimate disposal.
(d) "Wastewater Treatment Facilities" means any device or system (including recycling and reclamation) used in the treatment of sewage or other waterborne waste or pollutants.
(e) "Environmental Information Document" means an assessment of environmental impact of any proposed construction, upgrading or expansion of a wastewater treatment facility. This evaluation may include, but is not limited to, the impact of the proposed construction, upgrading or expansion on air quality, flood plains, wetlands, noise pollution, water quality, cultural resources, and endangered or threatened species.
(f) "Public Participation" means providing information to the public potentially affected by the proposed project and providing for public input prior to construction.
(3) General Provisions.
(a) Any person who desires to erect, modify, or alter a sewerage system shall obtain approval of any plans, specification and related materials for such system from the Division prior to commencement of construction. The review of certain types of sewer system extensions may be delegated to local governments that have demonstrated the capability for such reviews. This delegation shall be by written agreement.
(b) Engineering material submitted to the Division shall be prepared by or under the direct supervision or review and bear the seal of a Professional Engineer competent in the design of sewerage systems and wastewater treatment facilities. At no time shall this requirement be in conflict with O.C.G.A. Section 43-15 governing the practice of professional engineering and surveying.
(c) During the early stages of planning for the construction of a sewerage system, and prior to the formal submission of an application and accompanying materials for any permit required pursuant to the Act, or materials for any permit required pursuant to the Act, or materials submitted for Division approval pursuant to these rules, a conference between the project owner or his representative and representatives of the Division shall be held at the request of either the Director or the project owner, in order to reach a clear understanding of the proposal to be formally submitted to the Division at a later time. Such conference shall be granted within sixty (60) days after a written request to the Division by the project owner or his representative. If a conference is not granted within such period, then such permit application or other materials shall be filed and acted upon by the Division after the expiration of such period.
(d) Sufficient copies of completed reports, plans and specifications, and related materials shall be submitted to the Division to cover necessary distribution when approved. Such material, accompanied by a letter to transmittal, shall be submitted by the project owner or his representative well in advance of any critical date involved, in order that time will be available for review, discussion, and revision when necessary. The submittal of such material shall be complete, accurate, distinct, legible, and relevant in respect to the project to which it applies. Permit applications shall be processed as provided in Paragraph 391-3-6-.06.
(e) Plans for a sewerage system submitted to the Division will be considered for approval by the Division only when designated so as to minimize the passage of rainwater from roofs, streets or other areas and all groundwater, other than unavoidable infiltration, through such sewerage system.
(f) All proposed lift stations must be approved by the Division.
(g) All projects for the construction, upgrading or expansion of publicly owned wastewater treatment facilities within the State shall be required to prepare an Environmental Information Document (EID). The Division will perform a review of the EID in accordance with procedures developed by the Director.
1. The party or parties responsible for the project will consult with Federal and State agencies as appropriate for information required in preparing the EID.
2. For municipal facilities, the party or parties responsible for the project will conduct at least one public meeting during the planning process. The public will be allowed to submit written comments at any point during the facilities planning process.
(4) Engineering Reports. Engineering reports submitted to the Division shall contain a comprehensive description of the proposed project and shall include the following:
(a) Pertinent information regarding the existing sewerage system, if applicable;
(b) Characteristics of existing pollutants and existing or proposed treatment of such pollutants;
(c) Demonstration of the need for the proposed sewerage system;
(d) Evaluation of alternatives to define the most cost effective method for meeting established effluent limitations, water quality goals, and treatment requirements;
(e) Results to be expected from treatment process;
(f) Sufficient maps, charts, tables, calculations, basis of design data and graphs to make the report readily understandable;
(g) An operation and maintenance program description;
(h) Such other pertinent engineering information as the Division may require.
(5) Plans and Specification. Plans and specifications submitted to the Division for a sewerage system shall include the following:
(a) A map showing the area to be served by the sewerage system;
(b) Profiles of proposed sewers;
(c) Construction details of manholes and other special sewer structures;
(d) General and detailed plans for the treatment facility;
(e) Specifications for the construction of the sewerage system;
(f) Such other plans and specifications as the Division may require.
(6) General Map Plans. General map plans submitted to the Division for a sewerage system shall include the following:
(a) A map plan that shows the entire area to be served, drawn to a scale of from 100 to 300 feet per inch. The map plan may be divided into sections, provided the sheets are bound together and indexed to show the area covered by each sheet.
(b) All existing and proposed streets in the area to be served; surface elevations at all street intersections; the location of all existing sewers, separate or combined; the location of the treatment facility; the location of the existing and proposed sewer outlets or overflows; the elevation of the highest known stream water level at the outlets and the treatment facility; and clear identification of any areas from which sewage is to be pumped.
(c) Clear designation on the plan by suitable symbols of all sewer appurtenances, including, but not limited to, manholes, siphons and pumps.
(d) Such other information as the Division may require.
(7) Sewer Plans and Profiles. Sewer plans and profiles submitted to the Division for a sewerage system shall include the following:
(a) Sewers and force mains, drawn at a scale that shows the profile for all manholes, siphons, railroad crossings, street or stream crossings, elevations of stream beds, normal stream water levels, and sizes and grades of sewers show surface elevations and sewer invert elevations.
(b) Detailed drawings of all sewer appurtenances,including, but not limited to, manholes, inspection chambers, siphons, lift stations, and any special structures to accompany the sewer plans, Detailed drawings shall be to a scale suitable to clearly show the design details.
(8) Treatment Facilities Plans. Plans for treatment facilities submitted to the Division shall include the following:
(a) A general plan the that clearly identifies the exact location of the facilities, areas reserved for future expansion, access roads to the various units, and the point at which the access roads connect with existing road or street systems. It shall also show sufficient detail of the units, pipelines or any other features so as to make the proposed treatment process clearly and easily understood. The elevation of all units and water surfaces shall be shown.
(b) Detailed plans which show longitudinal and transverse sections sufficient to explain the construction of each treatment unit.
(c) Flow measuring devices at appropriate points in the plan. Sampling and recording devices may be required by the Division when deemed necessary.
(d) Such other information as the Division may require.
(9) Approval of Plans and Specifications. Approval of the plans and specifications by the Division does not include or imply approval of the structural, electrical, or mechanical integrity of the sewerage system, treatment facilities, units or equipment.
(10) Deviation from Approval Plans and Specifications. No deviations from approved plans and specifications shall be made during construction unless documentation showing proposed changes has been submitted to and approved by the Division.
(11) Effective Date. This Rule shall become effective twenty days after filing with the Secretary of State's Office.

Rule 391-3-6-.03 Water Use Classifications and Water Quality Standards

(1) Purpose. The establishment of water quality standards.
(2) Water Quality Enhancement:
(a) The purposes and intent of the State in establishing Water Quality Standards are to provide enhancement of water quality and prevention of pollution; to protect the public health or welfare in accordance with the public interest for drinking water supplies, conservation of fish, wildlife and other beneficial aquatic life, and agricultural, industrial, recreational, and other reasonable and necessary uses and to maintain and improve the biological integrity of the waters of the State.
(b) The following paragraphs describe the three tiers of the State's waters.
(i) Tier 1 - Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.
(ii) Tier 2 - Where the quality of the waters exceed levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the division finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the division's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the division shall assure water quality adequate to protect existing uses fully. Further, the division shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control.
(iii) Tier 3 - Outstanding National Resource Waters (ONRW). This designation will be considered for an outstanding national resource waters, such as waters of National or State parks and wildlife refuges and waters of exceptional aesthetic, historic, recreational, or ecological significance. For waters designated as ONRW, existing water quality shall be maintained and protected. The following waters below are designated as ONRWs:

Conasauga River within the Cohutta Wilderness Area of the Chattahoochee National Forest (headwaters to Forest Service Road 17).

1. No new point source discharges or increases in the discharge of pollutants above permitted level from existing point source discharges to ONRW shall be allowed.
2. Existing point source discharges to ONRW shall be allowed, provided they are treated or controlled in accordance with applicable laws and regulations.
3. New point source discharges or expansions of existing point source discharges to waters upstream of, or tributary to, ONRW shall be regulated in accordance with applicable laws and regulations, including compliance with water quality criteria for the use classification applicable to the particular water. However, no new point source discharge or expansion of an existing point source discharge to waters upstream of, or tributary to, ONRW shall be allowed if such discharge would not maintain and protect water quality within the ONRW.
4. Activities that result in short-term, temporary, and limited changes to water quality may be allowed if authorized by the Division and the water quality is returned or restored to conditions equal to or better than those existing prior to the activities.
(c) In applying these policies and requirements, the Division will recognize and protect the interest of the Federal Government in interstate and intrastate (including coastal and estuarine) waters. Toward this end the Division will consult and cooperate with the Environmental Protection Agency on all matters affecting the Federal interest.
(d) In those cases where potential water quality impairment associated with a thermal discharge is involved, the division's actions shall be consistent with Section 316 of the Federal Clean Water Act.
(e) Variance. Variances are a temporary modification to the designated use and associated criteria. Variances may be written for a specific geographic area, pollutant, or source. The State may issue variances that can provide relief to a permittee while they upgrade their facility to meet the standard. Variances are based on a use attainability demonstration, which requires a scientific assessment of factors affecting the attainment of a standard. Variances target achievement of the highest attainable water quality standard, must be reviewed every three years, and do not allow for a reduction in treatment efforts. Before a variance to a water quality standard is applied to a permitted discharger or to a waterbody, it must be demonstrated that one of the following factors has been satisfied:
(i) Naturally occurring pollutant concentrations prevent the attainment of the use; or
(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating Georgia's water conservation requirements to enable uses to be met; or
(iii) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place, or
(iv) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or
(v) Physical conditions related to the natural features of the water body such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or
(vi) Controls more stringent than those required by sections 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact.
(f) Removal of a Designated Use. The State may remove a designated use which is not an existing use, as defined in 40 CFR 131.3, or establish sub-categories of a use if the State can demonstrate that attaining the designated use is not feasible. This is done through a use attainability analysis. The use attainability analysis is a scientific assessment of factors affecting the attainment of a use and may include physical, chemical, biological and/or economic factors. A detailed analysis is required demonstrating that certain conditions are met indicating that the designated use cannot be met and should be removed. The use attainability analysis should be conducted in accordance with the US EPA Technical Support Manual: Waterbody Surveys and Assessments for Conducting Use Attainability Analyses and /or any State guidance documents. The factors that can be used are as follows:
(i) Naturally occurring pollutant concentrations prevent the attainment of the use; or
(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating Georgia's water conservation requirements to enable uses to be met; or
(iii) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place, or
(iv) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or
(v) Physical conditions related to the natural features of the water body such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or
(vi) Controls more stringent than those required by sections 301(b) and 306 of the Clean Water Act would result in substantial and widespread economic and social impact.
(3) Definitions. All terms used in this paragraph shall be interpreted in accordance with definitions as set forth in the Act and as otherwise herein defined:
(a) "Acute criteria" corresponds to EPA's definition for Criteria Maximum Concentration which is defined in 40 CFR 131.36 as the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) without deleterious effects.
(b) "Biological integrity" is functionally defined as the condition of the aquatic community inhabiting least impaired waterbodies of a specified habitat measured by community structure and function.
(c) "Chronic criteria" corresponds to EPA's definition for Criteria Continuous Concentration which is defined in 40 CFR 131.36 as the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects.
(d) "Coastal waters" are those littoral recreational waters on the ocean side of the Georgia coast.
(e) "Existing instream water uses" include water uses actually attained in the waterbody on or after November 28, 1975.
(f) "Intake temperature" is the natural or background temperature of a particular waterbody unaffected by any man-made discharge or thermal input.
(g) "Critical conditions" are the collection of conditions for a particular waterbody used to develop Total Maximum Daily Loads (TMDLs), determine NPDES permit limits, or assess the protection of water quality standards. The Division considers appropriate critical conditions to represent the event that would occur once in ten years on the average or less often, unless otherwise stated.
(h) "Natural conditions" are the collection of conditions for a particular waterbody used to develop numeric criteria for water quality standards which are based on natural conditions. This is commonly the case for temperature and natural dissolved oxygen standards. For this purpose the Division defines "natural conditions" as those that would remain after removal of all point sources and water intakes, would remain after removal of man made or induced nonpoint sources of pollution, but may include irretrievable effects of man's activities, unless otherwise stated. Natural conditions shall be developed by an examination of historic data, comparisons to reference watersheds, application of mathematical models, or any other procedure deemed appropriate by the Director.
(i) "Naturally variable parameters." It is recognized that certain parameters including dissolved oxygen, pH, bacteria, turbidity and water temperature, vary through a given period of time (such as daily or seasonally) due to natural conditions. Assessment of State waters may allow for a 10% excursion frequency for these parameters.
(j) "Reasonable and necessary uses" means drinking water supplies, conservation, protection, and propagation of fish, shellfish, wildlife and other beneficial aquatic life, agricultural, industrial, recreational, and other legitimate uses.
(k) "Secondary contact recreation" is incidental contact with the water, wading, and occasional swimming.
(l) "Shellfish" refers to clams, oysters, scallops, mussels, and other bivalve mollusks.
(m) "Significant Figures." The number of "significant figures" represented in numeric criteria are the number of figures or digits that have meaning as estimated from the accuracy and precision with which the quantity was measured and the data were rounded off. Technical guidance on significant figures, including rules for rounding off following mathematical operations, is provided in the publication entitled Standard Methods for the Examination of Water and Wastewater, in "Part 1050 Expression of Results, B. Significant Figures" (American Public Health Association (APHA), American Water Works Association (AWWA), and Water Environment Federation (WEF); 18th, 19th, 20th, or subsequent Editions).
(n) "Water" or "waters of the State" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, wetlands, and all other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
(o) "Areas where salt, fresh and brackish waters mix" are those areas on the coast of Georgia having a salinity of 0.5 parts per thousand and greater. This includes all of the creeks, rivers, and sounds of the coastal area of Georgia and portions of the Savannah, Ogeechee, Altamaha, Satilla and St. Marys Rivers where those rivers flow into coastal sounds. Mixing areas are generally maintained by seawater transported through the sounds by tide and wind which is mixed with fresh water supplied by land runoff, subsurface water and river flow. Mixing areas have moving boundaries based upon but not limited to river stage, rainfall, moon phase and water use. (For the purposes of this rule salinity shall be analyzed by in situ measurement using a properly calibrated multi-parametric probe connected by hard line to a deck display or by measuring electrical conductivity according to one of the methods specified in Title 40, Code of Federal Regulations, Part 136 and applying the guidance for conversion to salinity in the same volume. Collection of salinity samples must consider riverflow, precipitation, tidal influences and other variables of the estuarine environment and must conform to the National Coastal Assessment-Quality Assurance Project Plan 2001-2004 (EPA/620/R-01/002). Measurements at each sampling location must be made in a distribution in the water column according to the Quality Assurance Project Plan, with the minimum observations at each station including surface, mid-depth and near-bottom readings. In situ salinity analysis must comply with the QualityAssurance Project Plan and the manufacturer's guidance for the specific instrument used).
(4) Water Use Classifications. Water use classifications for which the criteria of this Paragraph are applicable are as follows:
(a) Drinking Water Supplies
(b) Recreation
(c) Fishing, Propagation of Fish, Shellfish, Game and Other Aquatic Life
(d) Wild River
(e) Scenic River
(f) Coastal Fishing
(5) General Criteria for All Waters. The following criteria are deemed to be necessary and applicable to all waters of the State:
(a) All waters shall be free from materials associated with municipal or domestic sewage, industrial waste or any other waste which will settle to form sludge deposits that become putrescent, unsightly or otherwise objectionable.
(b) All waters shall be free from oil, scum and floating debris associated with municipal or domestic sewage, industrial waste or other discharges in amounts sufficient to be unsightly or to interfere with legitimate water uses.
(c) All waters shall be free from material related to municipal, industrial or other discharges which produce turbidity, color, odor or other objectionable conditions which interfere with legitimate water uses.
(d) Turbidity. The following standard is in addition to the narrative turbidity standard in Paragraph 391-3-6-.03 (5)(c) above: All waters shall be free from turbidity which results in a substantial visual contrast in a water body due to a man-made activity. The upstream appearance of a body of water shall be as observed at a point immediately upstream of a turbidity-causing man-made activity. That upstream appearance shall be compared to a point which is located sufficiently downstream from the activity so as to provide an appropriate mixing zone. For land disturbing activities, proper design, installation, and maintenance of best management practices and compliance with issued permits shall constitute compliance with Paragraph 391-3-6-.03 (5)(d).
(e) All waters shall be free from toxic, corrosive, acidic and caustic substances discharged from municipalities, industries or other sources, such as nonpoint sources, in amounts, concentrations or combinations which are harmful to humans, animals or aquatic life.
(i) Instream concentrations of the following chemical constituents which are considered to be other toxic pollutants of concern in the State of Georgia shall not exceed the criteria indicated below under 7-day, 10-year minimum flow (7Q10) or higher stream flow conditions except within established mixing zones:

1. 2,4-Dichlorophenoxyacetic acid (2,4-D)

70 µg/L

2. Methoxychlor

0.03 µg/L*

3. 2,4,5-Trichlorophenoxy propionic acid (TP Silvex)

50 µg/L

(ii) Instream concentrations of the following chemical constituents listed by the U.S. Environmental Protection Agency as toxic priority pollutants pursuant to Section 307(a)(1) of the Federal Clean Water Act (as amended) shall not exceed the acute criteria indicated below under 1-day, 10-year minimum flow (1Q10) or higher stream flow conditions and shall not exceed the chronic criteria indicated below under 7-day, 10-year minimum flow (7Q10) or higher stream flow conditions except within established mixing zones or in accordance with site specific effluent limitations developed in accordance with procedures presented in 391-3-6-.06. Unless otherwise specified, the criteria below are listed in their total recoverable form. Because most of the numeric criteria for the metals below are listed as the dissolved form, total recoverable concentrations of metals that are measured instream will need to be translated to the dissolved form in order to compare the instream data with the numeric criteria. This translation will be performed using guidance found in "Guidance Document of Dynamic Modeling and Translators August 1993" found in Appendix J of EPA's Water Quality Standards Handbook: Second Edition, EPA-823-B-94-005a or by using other appropriate guidance from EPA.

   

Acute

Chronic

1.

Arsenic

   
 

(a) Freshwater

340 µg/L 1

150 µg/L 1

 

(b) Coastal and Marine Estuarine Waters

69 µg/L 1

36 µg/L 1

2.

Cadmium

   
 

(a) Freshwater

1.0 µg/L 1, 3

0.15 µg/L 1, 3

 

(b) Coastal and Marine Estuarine Waters

40 µg/L 1

8.8 µg/L 1

3.

Chromium III

   
 

(a) Freshwater

320 µg/L 1,3

42 µg/L 1,3

 

(b) Coastal and Marine Estuarine Waters

--

--

4.

Chromium VI

   
 

(a) Freshwater

16 µg/L 1

11 µg/L 1

 

(b) Coastal and Marine Estuarine Waters

1,100 µg/L 1

50 µg/L 1

5.

Copper

   
 

(a) Freshwater

7.0 µg/L 1,2*,3

5.0 µg/L 1,2*,3

 

(b) Coastal and Marine Estuarine Waters

4.8 µg/L 1,2

3.1 µg/L 1,2

6.

Lead

   
 

(a) Freshwater

30 µg/L 1,3

1.2 µg/L 1,2*,3

 

(b) Coastal and Marine Estuarine Waters

210 µg/L 1

8.1 µg/L 1

7.

Mercury

   
 

(a) Freshwater

1.4 µg/L

0.012 µg/L 2

 

(b) Coastal and Marine Estuarine Waters

1.8 µg/L

0.025 µg/L 2

8.

Nickel

   
 

(a) Freshwater

260 µg/L 1,3

29 µg/L 1,3

 

(b) Coastal and Marine Estuarine Waters

74 µg/L 1

8.2 µg/L 1

9.

Selenium

   
 

(a) Freshwater

--

5.0 µg/L

 

(b) Coastal and Marine Estuarine Waters

290 µg/L 1

71 µg/L 1

10.

Silver

-- 4

-- 4

11.

Zinc

   
 

(a) Freshwater

65 µg/L 1,3

65 µg/L 1,3

 

(b) Coastal and Marine Estuarine Waters

90 µg/L 1

81 µg/L 1

12.

Lindane [Hexachlorocyclohexane (g-BHC-Gamma)]

   
 

(a) Freshwater

0.95 µg/L

 
       

1 The in-stream criterion is expressed in terms of the dissolved fraction in the water column. Conversion factors used to calculate dissolved criteria are found in the EPA document - National Recommended Water Quality Criteria - EPA 2006.

2 The in-stream criterion is lower than the EPD laboratory detection limits (A "*" indicates that the criterion may be higher than or lower than EPD laboratory detection limits depending upon the hardness of the water).

3 The freshwater aquatic life criteria for these metals are expressed as a function of total hardness (mg/L) in a water body. Values in the table above assume a hardness of 50 mg/L CaCO3. For other hardness values, the following equations from the EPA document - National Recommended Water Quality Criteria - EPA 2006 should be used.

4 This pollutant is addressed in 391-3-6-.06.

Cadmium

acute criteria = (e (1.0166[ln(hardness)] - 3.924))(1.136672-[(ln hardness)(0.041838)] µg/L

chronic criteria = (e ( 0.7409[ln(hardness)] - 4.719))(1.101672-[(ln hardness)(0.041838)] µg/L

Chromium III

acute criteria = (e (0.8190[ln(hardness)] + 3.7256))(0.316) µg/L

chronic criteria = (e (0.8190[ln(hardness)] + 0.6848))(0.860) µg/L

Copper

acute criteria = (e (0.9422[ln(hardness)] - 1.700))(0.96) µg/L

chronic criteria = (e (0.8545[ln(hardness)] - 1.702))(0.96) µg/L

Site-specific Copper criteria developed using the biotic ligand model (BLM):

Buffalo Creek (Richards Lake Dam to confluence with Little Tallapoosa River):


                image: ga/admin/2017/391-3-6-.03_002.png


                image: ga/admin/2017/391-3-6-.03_004.png

Lead

acute criteria = (e (1.273[ln(hardness) - 1.460))(1.46203 - [(ln hardness)(0.145712)]) µg/L

chronic criteria = (e (1.273[ln(hardness) - 4.705))(1.46203 - [(ln hardness)(0.145712)]) µg/L

Nickel

acute criteria = (e (0.8460[ln(hardness)] + 2.255))(0.998) µg/L

chronic criteria = (e (0.8460[ln(hardness)] + 0.0584))(0.997) µg/L

Zinc

acute criteria = (e (0.8473[ln(hardness)] + 0.884))(0.978) µg/L

chronic criteria = (e (0.8473[ln(hardness)] + 0.884))(0.986) µg/L

(iii) Instream concentrations of the following chemical constituents listed by the U.S. Environmental Protection Agency as toxic priority pollutants pursuant to Section 307(a)(1) of the Federal Clean Water Act (as amended) shall not exceed criteria indicated below under 7-day, 10-year minimum flow (7Q10) or higher stream flow conditions except within established mixing zones or in accordance with site specific effluent limitations developed in accordance with procedures presented in 391-3-6-.06.

1.

Chlordane (CAS RN1 57749)

 
 

(a) Freshwater

0.0043 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.004 µg/L*

2.

Cyanide (CAS RN1 57125)

 
 

(a) Freshwater

5.2 µg/L*

 

(b) Coastal and Marine Estuarine Waters

1.0 µg/L*

3.

Dieldrin (CAS RN1 60571)

 
 

(a) Freshwater

0.056 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.0019 µg/L*

4.

4,4'-DDT (CAS RN1 50293)

0.001 µg/L*

5.

a-Endosulfan (CAS RN1 959988)

 
 

(a) Freshwater

0.056 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.0087 µg/L*

6.

b-Endosulfan (CAS RN1 33213659)

 
 

(a) Freshwater

0.056 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.0087 µg/L*

7.

Endrin (CAS RN1 72208)

 
 

(a) Freshwater

0.036 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.0023 µg/L*

8.

Heptachlor (CAS RN1 76448)

 
 

(a) Freshwater

0.0038 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.0036 µg/L*

9.

Heptachlor Epoxide (CAS RN1 1024573)

 
 

(a) Freshwater

0.0038 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.0036 µg/L*

10.

Pentachlorophenol (CAS RN1 87865)

 
 

(a) Freshwater2

15 µg/L2,*

 

(b) Coastal and Marine Estuarine Waters

7.9 µg/L*

11.

PCBs

 
 

(a) Freshwater

0.014 µg/L*

 

(b) Coastal and Marine Estuarine Waters

0.03 µg/L*

12.

Phenol (CAS RN1 108952)

300 µg/L

13.

Toxaphene (CAS RN1 8001352)

0.0002 µg/L*

1"CAS RN" or the Chemical Abstract Service (CAS) Registry Number is a unique numerical identifier assigned to each chemical and some chemical mixtures.

2The instream freshwater criterion for pentachlorophenol is a function of pH, determined by the formula (e (1.005(pH) - 5.134)). At a pH equal to 7.8 standard units the criterion is 15 µg/L.

*The in-stream criterion is lower than the EPD laboratory detection limits.

(iv) Instream concentrations of the following chemical constituents listed by the U. S. Environmental Protection Agency as toxic priority pollutants pursuant to Section 307(a)(1) of the Federal Clean Water Act (as amended) shall not exceed criteria indicated below under annual average or higher stream flow conditions:

1.

Acenaphthene (CAS RN1 83329)

990 µg/L

2.

Acenaphthylene (CAS RN1 208968)

**

3.

Acrolein (CAS RN1 107028)

9.3 µg/L

4.

Acrylonitrile (CAS RN1 107131)

0.25 µg/L

5.

Aldrin (CAS RN1 309002)

0.000050 µg/L

6.

Anthracene (CAS RN1 120127)

40000 µg/L

7.

Antimony

640 µg/L

8.

Arsenic (Total)

 
 

(a) Drinking Water Supplies

10 µg/L

 

(b) All Other Classifications

50 µg/L

9.

Benzidine (CAS RN1 92875)

0.0002 µg/L

10.

Benzo(a)Anthracene (CAS RN1 56553)

0.018 µg/L

11.

Benzo(a)Pyrene (CAS RN1 50328)

0.018 µg/L

12.

3,4-Benzofluoranthene (CAS RN1 205992)

0.018 µg/L

13.

Benzene (CAS RN1 71432)

51 µg/L

14.

Benzo(ghi)Perylene (CAS RN1 191242)

**

15.

Benzo(k)Fluoranthene (CAS RN1 207089)

0.018 µg/L

16.

Beryllium

**

17.

a-BHC-Alpha (CAS RN1 319846)

0.0049 µg/L

18.

b-BHC-Beta (CAS RN1 319857)

0.017 µg/L

19.

Bis(2-Chloroethyl)Ether (CAS RN1 111444)

0.53 µg/L

20.

Bis(2-Chloroisopropyl)Ether (CAS RN1 108601)

65000 µg/L

21.

Bis(2-Ethylhexyl)Phthalate (CAS RN1 117817)

2.2 µg/L

22.

Bromoform (Tribromomethane) (CAS RN1 75252)

140 µg/L

23.

Butylbenzyl Phthalate (CAS RN1 85687)

1900 µg/L

24.

CarbonTetrachloride (CAS RN1 56235)

1.6 µg/L

25.

Chlorobenzene (CAS RN1 108907)

1600 µg/L

26.

Chlorodibromomethane (CAS RN1 124481)

13 µg/L

27.

2-Chloroethylvinyl Ether (CAS RN1 110758)

**

28.

Chlordane (CAS RN1 57749)

0.00081 µg/L

29.

Chloroform (Trichloromethane) (CAS RN1 67663)

470 µg/L

30.

2-Chloronaphthalene (CAS RN1 91587)

1600 µg/L

31.

2-Chlorophenol (CAS RN1 95578)

150 µg/L

32.

Chrysene (CAS RN1 218019)

0.018 µg/L

33.

Dibenzo(a,h)Anthracene (CAS RN1 53703)

0.018 µg/L

34.

Dichlorobromomethane (CAS RN1 75274)

17 µg/L

35.

1,2-Dichloroethane (CAS RN1 107062)

37 µg/L

36.

1,1-Dichloroethylene (CAS RN1 75354)

7100 µg/L

37.

1,2 - Dichloropropane (CAS RN1 78875)

15 µg/L

38.

1,3-Dichloropropylene (CAS RN1 542756)

21 µg/L

39.

2,4-Dichlorophenol (CAS RN1 120832)

290 µg/L

40.

1,2-Dichlorobenzene (CAS RN1 95501)

1300 µg/L

41.

1,3-Dichlorobenzene (CAS RN1 541731)

960 µg/L

42.

1,4-Dichlorobenzene (CAS RN1 106467)

190 µg/L

43.

3,3'-Dichlorobenzidine (CAS RN1 91941)

0.028 µg/L

44.

4,4'-DDT (CAS RN1 50293)

0.00022 µg/L

45.

4,4'-DDD (CAS RN1 72548)

0.00031 µg/L

46.

4,4'-DDE (CAS RN1 72559)

0.00022 µg/L

47.

Dieldrin (CAS RN1 60571)

0.000054 µg/L

48.

Diethyl Phthalate (CAS RN1 84662)

44000 µg/L

49.

Dimethyl Phthalate(CAS RN1 131113)

1100000 µg/L

50.

2,4-Dimethylphenol (CAS RN1 105679)

850 µg/L

51.

2,4-Dinitrophenol (CAS RN1 51285)

5300 µg/L

52.

Di-n-Butyl Phthalate (CAS RN1 84742)

4500 µg/L

53.

2,4-Dinitrotoluene (CAS RN1 121142)

3.4 µg/L

54.

1,2-Diphenylhydrazine (CAS RN1 122667)

0.20 µg/L

55.

Endrin (CAS RN1 72208)

0.060 µg/L

56.

Endrin Aldehyde (CAS RN1 7421934)

0.30 µg/L

57.

alpha - Endosulfan (CAS RN1 959988)

89 µg/L

58.

beta - Endosulfan (CAS RN1 33213659)

89 µg/L

59.

Endosulfan Sulfate (CAS RN1 1031078)

89 µg/L

60.

Ethylbenzene (CAS RN1 100414)

2100 µg/L

61.

Fluoranthene (CAS RN1 206440)

140 µg/L

62.

Fluorene (CAS RN1 86737)

5300 µg/L

63.

Heptachlor (CAS RN1 76448)

0.000079 µg/L

64.

Heptachlor Epoxide (CAS RN1 1024573)

0.000039 µg/L

65.

Hexachlorobenzene (CAS RN1 118741)

0.00029 µg/L

66.

Hexachlorobutadiene (CAS RN1 87683)

18 µg/L

67.

Hexachlorocyclopentadiene (CAS RN177474)

1100 µg/L

68.

Hexachloroethane (CAS RN1 67721)

3.3 µg/L

69.

Indeno(1,2,3-cd)Pyrene (CAS RN1 193395)

0.018 µg/L

70.

Isophorone (CAS RN1 78591)

960 µg/L

71.

Lindane [Hexachlorocyclohexane (g-BHC-Gamma)]

(CAS RN1 58899)

1.8 µg/L

72.

Methyl Bromide (Bromomethane) (CAS RN1 74839)

1500 µg/L

73.

Methyl Chloride (Chloromethane) (CAS RN1 74873)

**

74.

Methylene Chloride (CAS RN1 75092)

590 µg/L

75.

2-Methyl-4,6-Dinitrophenol (CAS RN1 534521)

280 µg/L

76.

3-Methyl-4-Chlorophenol (CAS RN1 59507)

**

77.

Nitrobenzene (CAS RN1 98953)

690 µg/L

78.

N-Nitrosodimethylamine (CAS RN1 62759)

3.0 µg/L

79.

N-Nitrosodi-n-Propylamine (CAS RN1 621647)

0.51 µg/L

80.

N-Nitrosodiphenylamine (CAS RN1 86306)

6.0 µg/L

81.

PCBs

0.000064 µg/L

82.

Pentachlorophenol (CAS RN1 87865)

3.0 µg/L

83.

Phenanthrene (CAS RN1 85018)

**

84.

Phenol (CAS RN1 108952)

857000 µg/L

85.

Pyrene (CAS RN1 129000)

4000 µg/L

86.

1,1,2,2-Tetrachloroethane (CAS RN1 79345)

4.0 µg/L

87.

Tetrachloroethylene (CAS RN1 127184)

3.3 µg/L

88.

Thallium

0.47 µg/L

89.

Toluene (CAS RN1 108883)

5980 µg/L

90.

Toxaphene (CAS RN1 8001352)

0.00028 µg/L

91.

1,2-Trans-Dichloroethylene (CAS RN1 156605)

10000 µg/L

92.

1,1,2-Trichloroethane (CAS RN1 79005)

16 µg/L

93.

Trichloroethylene (CAS RN1 79016)

30 µg/L

94.

2,4,6-Trichlorophenol (CAS RN1 88062)

2.4 µg/L

95.

1,2,4-Trichlorobenzene (CAS RN1 120821)

70 µg/L

96.

Vinyl Chloride (CAS RN1 75014)

2.4 µg/L

1"CAS RN" or the Chemical Abstract Service (CAS) Registry Number is a unique numerical identifier assigned to each chemical and some chemical mixtures.

** These pollutants are addressed in 391-3-6-.06.

(v) Site specific criteria for the following chemical constituents will be developed on an as needed basis through toxic pollutant monitoring efforts at new or existing discharges that are suspected to be a source of the pollutant at levels sufficient to interfere with designated uses:
1. Asbestos
(vi) Instream concentrations of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) must not exceed 0.0000000051 µg/L under long-term average stream flow conditions.
(vii) Mercury: For the protection of human health, total mercury concentrations bioaccumulating in a waterbody, in a representative population of fish, shellfish and/or other seafood representing different trophic levels, shall not exceed a total mercury concentration in edible tissues of 0.3 mg/kg wet weight. This standard is in accord with the USEPA Water Quality Criterion for the Protection of Human Health: Methylmercury, (January 2001, EPA-823-R-01-001), and because nearly 100% of the mercury in fish tissue is methylmercury, adoption of the standard as total mercury is an additional conservative measure. The representative fish tissue total mercury concentration for a waterbody is determined by calculating a Trophic-Weighted Residue Value, as described by the Georgia EPD Protocol (October 19, 2001).
(f) Applicable State and Federal requirements and regulations for the discharge of radioactive substances shall be met at all times.
(g) The dissolved oxygen criteria as specified in individual water use classifications shall be applicable at a depth of one meter below the water surface; in those instances where depth is less than two meters, the dissolved oxygen criterion shall be applied at a mid-depth. On a case specific basis, alternative depths may be specified.
(6) Specific Criteria for Classified Water Usage. In addition to the general criteria, the following criteria are deemed necessary and shall be required for the specific water usage as shown:
(a) Drinking Water Supplies: Those waters approved as a source for public drinking water systems permitted or to be permitted by the Environmental Protection Division. Waters classified for drinking water supplies will also support the fishing use and any other use requiring water of a lower quality.
(i) Bacteria: For the months of May through October, when water contact recreation activities are expected to occur, fecal coliform not to exceed a geometric mean of 200 per 100 mL based on at least four samples collected from a given sampling site over a 30-day period at intervals not less than 24 hours. Should water quality and sanitary studies show fecal coliform levels from non-human sources exceed 200/100 mL (geometric mean) occasionally, then the allowable geometric mean fecal coliform shall not exceed 300 per 100 mL in lakes and reservoirs and 500 per 100 mL in free flowing freshwater streams. For the months of November through April, fecal coliform not to exceed a geometric mean of 1,000 per 100 mL based on at least four samples collected from a given sampling site over a 30-day period at intervals not less than 24 hours and not to exceed a maximum of 4,000 per 100 mL for any sample. The State does not encourage swimming in these surface waters since a number of factors which are beyond the control of any State regulatory agency contribute to elevated levels of bacteria.
(ii) Dissolved oxygen: A daily average of 6.0 mg/L and no less than 5.0 mg/L at all times for waters designated as trout streams by the Wildlife Resources Division. A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times for water supporting warm water species of fish.
(iii) pH: Within the range of 6.0 - 8.5.
(iv) No material or substance in such concentration that, after treatment by the public water treatment system, exceeds the maximum contaminant level established for that substance by the Environmental Protection Division pursuant to the Georgia Rules for Safe Drinking Water.
(v) Temperature: Not to exceed 90°F. At no time is the temperature of the receiving waters to be increased more than 5°F above intake temperature except that in estuarine waters the increase will not be more than 1.5°F. In streams designated as primary trout or small mouth bass waters by the Wildlife Resources Division, there shall be no elevation of natural stream temperatures. In streams designated as secondary trout waters, there shall be no elevation exceeding 2°F of natural stream temperatures.
(b) Recreation: General recreational activities such as water skiing, boating, and swimming, or for any other use requiring water of a lower quality, such as recreational fishing. These criteria are not to be interpreted as encouraging water contact sports in proximity to sewage or industrial waste discharges regardless of treatment requirements:
(i) Bacteria:
1. Coastal waters: Culturable enterococci not to exceed a geometric mean of 35 CFU (colony forming units) per 100 mL. The geometric mean duration shall not be greater than 30 days. There shall be no greater than a ten percent excursion frequency of an enterococci statistical threshold value (STV) of 130 CFU per 100 mL the same 30-day interval.
2. All other recreational waters: Culturable E. coli not to exceed a geometric mean of 126 CFU (colony forming units) per 100 mL. The geometric mean duration shall not be greater than 30 days. There shall be no greater than a ten percent excursion frequency of an E. coli statistical threshold value (STV) of 410 CFU per 100 mL in the same 30-day interval.
(ii) Dissolved Oxygen: A daily average of 6.0 mg/L and no less than 5.0 mg/L at all times for waters designated as trout streams by the Wildlife Resources Division. A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times for waters supporting warm water species of fish.
(iii) pH: Within the range of 6.0 - 8.5.
(iv) Temperature: Not to exceed 90°F. At no time is the temperature of the receiving waters to be increased more than 5°F above intake temperature except that in estuarine waters the increase will not be more than 1.5°F. In streams designated as primary trout or smallmouth bass waters by the Wildlife Resources Division, there shall be no elevation of natural stream temperatures. In streams designated as secondary trout waters, there shall be no elevation exceeding 2°F natural stream temperatures.
(c) Fishing: Propagation of Fish, Shellfish, Game and Other Aquatic Life; secondary contact recreation in and on the water; or for any other use requiring water of a lower quality.
(i) Dissolved Oxygen: A daily average of 6.0 mg/L and no less than 5.0 mg/L at all times for water designated as trout streams by the Wildlife Resources Division. A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times for waters supporting warm water species of fish.
(ii) pH: Within the range of 6.0 - 8.5.
(iii) Bacteria:
1. For the months of May through October, when water contact recreation activities are expected to occur, fecal coliform not to exceed a geometric mean of 200 per 100 mL based on at least four samples collected from a given sampling site over a 30-day period at intervals not less than 24 hours. Should water quality and sanitary studies show fecal coliform levels from non-human sources exceed 200/100 mL (geometric mean) occasionally, then the allowable geometric mean fecal coliform shall not exceed 300 per 100 mL in lakes and reservoirs and 500 per 100 mL in free flowing freshwater streams. For the months of November through April, fecal coliform not to exceed a geometric mean of 1,000 per 100 mL based on at least four samples collected from a given sampling site over a 30-day period at intervals not less than 24 hours and not to exceed a maximum of 4,000 per 100 mL for any sample. The State does not encourage swimming in these surface waters since a number of factors which are beyond the control of any State regulatory agency contribute to elevated levels of bacteria.
2. For waters designated as shellfish growing areas by the Georgia DNR Coastal Resources Division, the requirements will be consistent with those established by the State and Federal agencies responsible for the National Shellfish Sanitation Program. The requirements are found in National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 2007 Revision (or most recent version), Interstate Shellfish Sanitation Conference, U.S. Food and Drug Administration.
(iv) Temperature: Not to exceed 90°F. At no time is the temperature of the receiving waters to be increased more than 5°F above intake temperature except that in estuarine waters the increase will not be more than 1.5°F. In streams designated as primary trout or smallmouth bass waters by the Wildlife Resources Division, there shall be no elevation of natural stream temperatures. In streams designated as secondary trout waters, there shall be no elevation exceeding 2°F natural stream temperatures.
(d) Wild River: For all waters designated in 391-3-6-.03 (13) as "Wild River," there shall be no alteration of natural water quality from any source.
(e) Scenic River: For all waters designated in 391-3-6-.03 (13) as "Scenic River," there shall be no alteration of natural water quality from any source.
(f) Coastal Fishing: This classification will be applicable to specific sites when so designated by the Environmental Protection Division. For waters designated as "Coastal Fishing", site specific criteria for dissolved oxygen will be assigned. All other criteria and uses for the fishing use classification will apply for coastal fishing.
(i) Dissolved Oxygen:A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times. If it is determined that the "natural condition" in the waterbody is less than the values stated above, then the criteria will revert to the "natural condition" and the water quality standard will allow for a 0.1 mg/L deficit from the "natural" dissolved oxygen value. Up to a 10% deficit will be allowed if it is demonstrated that resident aquatic species shall not be adversely affected.
(7) Natural Water Quality. It is recognized that certain natural waters of the State may have a quality that will not be within the general or specific requirements contained herein. These circumstances do not constitute violations of water quality standards. This is especially the case for the criteria for dissolved oxygen, temperature, pH and bacteria. NPDES permits and best management practices will be the primary mechanisms for ensuring that discharges will not create a harmful situation.
(8) Treatment Requirements. Notwithstanding the above criteria, the requirements of the State relating to secondary or equivalent treatment of all waste shall prevail. The adoption of these criteria shall in no way preempt the treatment requirements.
(9) Streamflows. Specific criteria or standards set for the various parameters apply to all flows on regulated streams. On unregulated streams, they shall apply to all streamflows equal to or exceeding the 7-day, 10-year minimum flow (7Q10) and/or the 1-day, 10-year minimum flow (1Q10). All references to 7-day, 10-year minimum flow (7Q10) and 1-day, 10-year minimum flow (1Q10) also apply to all flows on regulated streams. All references to annual average stream flow also apply to long-term average stream flow conditions. Numeric criteria exceedences that occur under streamflows lower than 7Q10 or 1Q10, whichever applies, do not constitute violations of water quality standards as long as all current permit conditions are met.
(10) Mixing Zone. Effluents released to streams or impounded waters shall be fully and homogeneously dispersed and mixed insofar as practical with the main flow or water body by appropriate methods at the discharge point. Use of a reasonable and limited mixing zone may be permitted on receipt of satisfactory evidence that such a zone is necessary and that it will not create an objectionable or damaging pollution condition. Protection from acute toxicity shall be provided within any EPD designated mixing zone to ensure a zone of safe passage for aquatic organisms. The procedure is as described in paragraph 391-3-6-.06 (4)(d)(5)(vi), except that the numerical pass/§fail criteria applies to the end-of-pipe without the benefit of dilution provided by the receiving stream.
(11) Toxic Pollutant Monitoring. The Division will monitor waters of the State for the presence or impact of Section 307 (a)(l) Federal Clean Water Act toxic pollutants, and other priority pollutants. The monitoring shall consist of the collection and assessment of chemical and/or biological data as appropriate from the water column, from stream bed sediments, and/or from fish tissue. Specific stream segments and chemical constituents for monitoring shall be determined by the Director on the basis of the potential for water quality impacts from toxic pollutants from point or nonpoint waste sources. Singularly or in combination, these constituents may cause an adverse effect on fish propagation at levels lower than the criteria. Instream concentrations will be as described in 391-3-6-.03 (5)(e). Additional toxic substances and priority pollutants will be monitored on a case specific basis using Section 304(a) Federal Clean Water Act guidelines or other scientifically appropriate documents.
(12) Bacteria Criteria. The criteria for bacteria provide the regulatory framework to support the USEPA requirement that States protect all waters for recreational use. The bacterial indicators for primary contact recreational waters are E. coli and enterococci. The bacterial indicator for secondary contact recreational waters is fecal coliform.
(a) Fecal coliform, E. coli and enterococci bacteria live in the intestinal tract of warm blooded animals including man. These organisms are excreted in extremely high numbers. Pathogenic bacteria also originate in the fecal material of diseased persons. Therefore, waters with high levels of bacteria represent potential problem areas for swimming. Scientific studies indicate there is a positive correlation between E. coli and enterococci counts and gastrointestional illness. However, there is no positive scientific evidence correlating elevated fecal coliform counts with transmission of enteric diseases. In addition, these bacteria can originate from any warm blooded animal or from the soil.
(b) Monitoring programs have documented bacterial levels in excess of the criteria in many streams and rivers in urban areas, agricultural areas, and even in areas not extensively impacted by man such as national forest areas. This is not a unique situation to Georgia as similar levels of bacteria have been documented in streams across the nation.
(13) Acceptance of Data. Sampling methods for water quality samples collected and reported by any person(s), (including volunteer groups), to the Division for its use in listing or delisting impaired waters pursuant to the State's responsibilities under Sections 303(d) and 305(b) of the Federal Act shall conform to the guidance in the Water ProtectionBranch Quality Assurance Manual (June, 1999), or most current version, Georgia Department of Natural Resources, Environmental Protection Division, Watershed Protection Branch, Atlanta, GA 30354. Analytical standards for these samples must comply with the requirements of Title 40, Code of Federal Regulations, Part 136. Sample analyses shall be performed by an analyst certified in compliance with the Georgia State Board of Examiners for Certificationof Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act, as amended, or by a laboratory facility accredited in compliance with the Georgia Rules for Commercial Environmental LaboratoryAccreditation (O.C.G.A. 12-2-9). A site-specific sampling and quality assurance plan is required if the data is to be considered and Division concurrence must be obtained prior to monitoring. Laboratories operated by Federal and State government agencies and laboratories at academic institutions with active or current contracts with the Division are exempt from these provisions. The Division may use water quality data for screening purposes if it was collected by any person(s), (including volunteer groups), without an approved sampling and quality assurance plan.
(14) Specific Water Use Classifications. Beneficial water uses assigned by the State to all surface waters. These classifications are scientifically determined to be the best utilization of the surface water from an environmental and economic standpoint. Streams and stream reaches not specifically listed are classified as Fishing. The specific classifications are as follows:

ALTAMAHA

RIVER BASIN

 

CLASSIFICATION

All littoral waters on the ocean side of Sea and Sapelo Islands, and on the ocean and sound side of St. Simons Island

 

Recreation

Buttermilk Sound

Reimolds Pasture

Recreation

     

CHATTAHOOCHEE RIVER BASIN

 

CLASSIFICATION

Alexander Creek

Headwaters to confluence with Cedar Creek

Drinking Water

Bear Creek

Headwaters to confluence with Chattahoochee River

Drinking Water

Big Creek

Foe Killer Creek to Chattahoochee River

Drinking Water

Blue Creek

Headwaters to Yellowjacket Creek

Drinking Water

Camp Creek

Headwaters to confluence with Hazel Creek

Drinking Water

Cedar Creek

Headwaters to Alexander Creek

Drinking Water

Centralhatchee Creek

Little Taylor Creek to Chattahoochee River

Drinking Water

Chattahoochee River

Headwaters to confluence with Soque River

Recreation

Chattahoochee River

Soque River to White Creek

Recreation and Drinking Water

Chattahoochee River

White Creek to Mud Creek

Recreation

Chattahoochee River/Lake Lanier

Mud Creek to Buford Dam

Recreation and Drinking Water

Chattahoochee River

Buford Dam to Atlanta (Peachtree Creek)

Recreation and Drinking Water

Chattahoochee River

Atlanta (Peachtree Creek) to Cedar Creek

Fishing

Chattahoochee River

Pink Creek to Harris Creek

Drinking Water

Chattahoochee River/West Point Lake

New River to West Point Dam

Recreation and Drinking Water

Chattahoochee River

West Point Dam to Long Cane Creek

Drinking Water

Chattahoochee River

House Creek to North Highland Dam (including Lakes Harding, Goat Rock, Oliver, and North Highlands)

Recreation and Drinking Water

Chattahoochee River

Cowikee Creek to Lake Walter F. George Dam

Recreation

Chattahoochee River/Lake Seminole

Georgia Hwy. 91 to Jim Woodruff Dam

Recreation

Dog River

Mobley Creek to Chattahoochee River

Drinking Water

Flat Creek

Turkey Creek to confluence with Yellow jacket Creek

Drinking Water

Hazel Creek

Law Creek to Camp Creek

Drinking Water

Headwaters of Unnamed Tributary to Bethlehem Creek

Lake Franklin, F.D. Roosevelt State Park Beaches

Recreation

Hillabahatchee Creek

Tolieson Branch to Chattahoochee River

Drinking Water

Little Kolomoki Creek

Lake Kolomoki, Kolomoki Mounds State Park Beach

Recreation

Sandy Creek

Headwaters to Golden Creek

Drinking Water

Smith Creek

Unicoi Lake, Unicoi State Park Beach

Recreation

Snake Creek

Crews Creek to Chattahoochee River

Drinking Water

Soque River

Deep Creek to Sutton Mill Creek

Drinking Water

Sweetwater Creek

Olley Creek to Chattahoochee River

Drinking Water

Turner Creek

Headwaters to confluence with Tesnatee Creek

Drinking Water

Upatoi Creek

Heriot Creek to Armory Creek

Drinking Water

Yahoola Creek

Bryant Creek to confluence with Chestatee River

Drinking Water

     

COOSA RIVER BASIN

 

CLASSIFICATION

Beech Creek

Headwaters to Dry Creek (including Possum Trot Reservoir)

Drinking Water

Blackwell Creek

Headwaters to Cox Lake Dam

Drinking Water

Cartecay River

Clear Creek to confluence with Ellijay River

Drinking Water

Chestnut Cove Creek

Headwaters to and including Lake Tamarack

Drinking Water

Coahulla Creek

Bates Branch to Mill Creek

Drinking Water

Conasauga River

Waters Within the Cohutta Wilderness Area

Wild and Scenic

Conasauga River

Sugar Creek to Spring Creek

Drinking Water

Coosa River

At the Alabama State Line

Recreation

Coosawattee River/Carters Lake

Confluence with Mountaintown Creek to Carters Dam

Recreation and Drinking Water

Coosawattee River

Mineral Springs Branch to confluence with Conasauga River

Drinking Water

Dry Creek

Headwaters to confluence with Duck Creek

Drinking Water

Duck Creek

Confluence with Dry Creek to Dickson Creek

Drinking Water

Ellijay River

Briar Creek to confluence with Cartecay River

Drinking Water

Etowah River

Headwaters to Montgomery Creek

Drinking Water

Etowah River

Lily Creek to Mill Creek

Drinking Water

Etowah River

Long Swamp Creek to Canton Creek

Drinking Water

Etowah River/Lake Allatoona

Georgia Hwy. 20 to Allatoona Dam

Recreation and Drinking Water

Etowah River

Allatoona Dam to Ward Creek

Drinking Water

Etowah River

Dykes Creek to Silver Creek

Drinking Water

Euharlee Creek

Parham Springs Creek to Fish Creek

Drinking Water

Headwaters of Gold Mine Branch

Fort Mountain Lake, Fort Mountain State Park Beach

Recreation

Holly Creek

Dill Creek to Chicken Creek

Drinking Water

Jacks Creek

Waters Within the Cohutta Wilderness Area

Wild and Scenic

Long Swamp Creek

Lake Tamarack Dam to Cox Creek

Drinking Water

Mill Creek

Hurricane Creek to confluence with Conasauga River

Drinking Water

Oostanaula River

Confluence of Conasauga and Coosawattee Rivers to Oothkalooga Creek

Drinking Water

Oostanaula River

Confluence with Wood ward Creek to Coosa River

Drinking Water

Pettit Creek

Headwaters to confluence with Disharoon Creek (including Lake Pettit)

Drinking Water

Raccoon Creek

Headwaters to confluence with Chattooga River

Drinking Water

Tributaries to Heath Creek

Rocky Mountain Public Fishing Lakes, Rocky Mountain Public Fishing Area

Recreation

Tributary of Dakwa Lake

Headwaters to confluence with Turniptown Creek (including Dakwa Lake)

Drinking Water

Woodward Creek

Headwaters to confluence with Oostanaula River

Drinking Water

     

FLINT RIVER BASIN

 

CLASSIFICATION

Elkins Creek

Headwaters to Powder Creek

Drinking Water

Flat Creek

Headwaters to confluence with Line Creek (including Lake Kedron and Lake Peachtree)

Drinking Water

Flint River

Swamp Creek to Horton Creek

Drinking Water

Flint River

Birch Creek to Red Oak Creek

Drinking Water

Flint River

Georgia Hwy. 27 to Georgia Power Dam at Lake Worth, Albany including Lakes Blackshear, Chehaw, and Worth

Recreation

Flint River

Bainbridge, U.S. Hwy. 84 Bridge to Jim Woodruff Dam, Lake Seminole

Recreation

Heads Creek

Headwaters to Shoal Creek (including Heads Creek Reservoir)

Drinking Water

Horton Creek

Headwaters to Flint River (including Horton Creek Reservoir)

Drinking Water

Keg Creek

Headwaters to Line Creek (including Hutchins Lake)

Drinking Water

Lazer Creek

Rocky Branch to Gin Creek

Drinking Water

Line Creek

Persimmon Creek to Flat Creek (including Lake McIntosh)

Drinking Water

Potato Creek

Fivemile Creek to Hoyle Branch

Drinking Water

Pound Creek

Headwaters to confluence with Cane Creek (including Lake Meriwether)

Drinking Water

Rush Creek

Headwaters to confluence with Lazer Creek (including Rush Creek Reservoir)

Drinking Water

Shoal Creek

Headwaters to Flint River (including Shoal Creek Reservoir)

Drinking Water

Still Branch

Headwaters to confluence with Flint River (including Still Branch Reservoir)

Drinking Water

White Oak Creek

Headwaters to Chandlers Creek

Drinking Water

Whitewater Creek

Tar Creek to Haddock Creek

Drinking Water

     

OCHLOCKONEE RIVER BASIN

 

CLASSIFICATION

Little River

Reed Bingham State Park Lake, Reed Bingham State Park Lake Beach

Recreation

     

OCMULGEE RIVER BASIN

 

CLASSIFICATION

Alcovy River

Maple Creek to Cornish Creek (including John T. Briscoe Reservoir)

Drinking Water

Beaverdam Creek

Headwaters to confluence with Alcovy River

Drinking Water

Big Cotton Indian Creek

Coker Branch to Rocky Branch

Drinking Water

Big Haynes Creek

Georgia Highway 78 to confluence with Yellow River

Drinking Water

Big Sandy Creek

Chief McIntosh Lake, Indian Springs State Park Beaches

Recreation

Big Towaliga Creek

Headwaters to confluence with Edie Creek

Drinking Water

Brown Branch

Headwaters to Wolf Creek

Drinking Water

Cornish Creek

Headwaters to confluence with Alcovy River (including Lake Varner)

Drinking Water

Edie Creek

Headwaters to confluence with Big Towaliga Creek

Drinking Water

Indian Creek

Headwaters to confluence with Towaliga River

Drinking Water

Jackson Lake

From South River at Georgia Hwy. 36; from Yellow River at Georgia Hwy. 36; from Alcovy River at Newton Factory Road Bridge to Lloyd Shoals Dam

Recreation

Little Cotton Indian Creek

Confluence of Reeves and Rum Creeks to confluence with Big Cotton Indian Creek

Drinking Water

Headwaters of Little Ocmulgee River

Little Ocmulgee Lake, Little Ocmulgee State Park Beach

Recreation

Little Towaliga River

Confluence of Edie and Big Towaliga Creeks to confluence with Towaliga River

Drinking Water

Long Branch

Headwaters to confluence with Towaliga River

Drinking Water

Ocmulgee River

Jackson Lake Dam to Wise Creek

Drinking Water

Ocmulgee River

Pratts Creek to Walnut Creek

Drinking Water

Pates Creek

Headwaters to confluence with Little Cotton Indian Creek (including Blalock Reservoir)

Drinking Water

Rocky Creek

Headwaters to Towaliga River

Drinking Water

Towaliga River

Thompson Creek to Georgia Hwy. 36

Drinking Water

Towaliga River

Georgia Hwy. 36 to High Falls Lake Dam

Recreation

Towaliga River

High Falls Lake, High Falls State Park Beaches

Recreation

Tobesofkee Creek

Reeves Creek to Rock Branch

Drinking Water

Tobesofkee Creek

Georgia Hwy. 74 to Lake Tobesofkee Dam

Recreation

Town Creek

Headwaters to Ocmulgee River

Drinking Water

Tributary to Dried Creek

Headwaters to confluence with Dried Indian Creek (including Covington Reservoir)

Drinking Water

Tussahaw Creek

Headwaters to Baker Branch

Drinking Water

Walnut Creek

Headwaters to Camp Creek (including Walnut Creek Reservoir)

Drinking Water

Yellow River

Georgia Hwy. 124 to Porterdale Water Intake

Drinking Water

     

OCONEE RIVER BASIN

 

CLASSIFICATION

Apalachee River

Shoal Creek to Freeman Creek

Drinking Water

Barber Creek

Headwaters to Parker Branch

Drinking Water

Bear Creek

Headwaters to confluence with Middle Oconee River (including Bear Creek Reservoir)

Drinking Water

Cedar Creek (Hall Co.)

Headwaters to confluence with North Oconee River

Drinking Water

Curry Creek

Headwaters to confluence with Little Curry Creek

Drinking Water

Fort Creek

Headwaters to confluence with Sikes Creek upstream of Lake Sinclair

Drinking Water

Hard Labor Creek

Headwaters to Lake Brantley Dam

Drinking Water

Hard Labor Creek

Lake Rutledge, Hard Labor Creek State Park Beaches

Recreation

Hard Labor Creek

Lake Rutledge Dam to Mile Branch

Drinking Water

Jacks Creek

Headwaters to Grubby Creek

Drinking Water

Lake Oconee

Lake Oconee to Lake Oconee Dam (Wallace Dam)

Recreation and Drinking Water

Lake Sinclair

Lake Oconee Dam downstream to Sinclair Dam

Recreation and Drinking Water

Little River

Big Indian Creek to Glady Creek

Drinking Water

Lowry Branch

Headwaters to confluence with Pearson Creek

Drinking Water

Marbury Creek

Fort Yargo Lake, Fort Yargo State Park Beaches

Recreation

Middle Oconee River

Beech Creek to McNutt Creek

Drinking Water

Mulberry River

Little Mulberry Creek to Barbers Creek

Drinking Water

North Oconee River

Cedar Creek to Gravelly Creek

Drinking Water

North Oconee River

Shankles Creekto Trail Creek

Drinking Water

Oconee River

Sinclair Dam to Fishing Creek

Drinking Water

Oconee River

Oochee Creek to Long Branch

Drinking Water

Parks Creek

Headwaters to confluence with North Oconee River

Drinking Water

Popes Branch

Headwaters to confluence with Pearson Creek

Drinking Water

     

OGEECHEE RIVER BASIN

 

CLASSIFICATION

Julienton River

Contentment Bluff Sandbar and Dallas Bluff Sandbar

Recreation

Little Ogeechee River

South end of White Bluff Road near Carmelite Monastery to Open Sea and littoral waters of Skidaway and Ossabaw Islands

Recreation

Ogeechee River

U.S. Hwy. 17 Bridge to Open Sea and littoral waters of Skidaway, Ossabaw, Sapelo, and St. Catherines Islands

Recreation

Rocky Comfort Creek

Headwaters to confluence with Whetstone Creek

Drinking Water

Skidaway River

Skidaway Narrows in Chatham County

Recreation

     

SATILLA RIVER BASIN

 

CLASSIFICATION

All littoral waters on the ocean side of Cumberland Island

 

Recreation

All littoral waters on the ocean and sound side of Jekyll Island

 

Recreation

South Brunswick River

Blythe Island Sandbar

Recreation

     

SAVANNAH RIVER BASIN

 

CLASSIFICATION

Abercorn Creek

Confluence with Little Abercorn Creek to Savannah River

Drinking Water

Beaverdam Creek

Confluence with Little Beaverdam Creek to Carters Creek

Drinking Water

Beaverdam Creek (Lake Boline)

Headwaters to confluence with Little Beaverdam Creek (including Lake Boline)

Drinking Water

Brier Creek

Walnut Branch to Fitz Creek

Drinking Water

Chattooga River

Georgia-North Carolina State Line to Tugaloo Reservoir

Wild and Scenic

Chattooga River/Tugaloo Reservoir

Tugaloo Reservoir to confluence with Tallulah River

Recreation

Cedar Creek

Headwaters to confluence with Little Toccoa Creek (including Toccoa Reservoir)

Drinking Water

Grove Creek

Headwaters to confluence with Hickory Level Creek

Drinking Water

Unnamed Tributary to Lick Creek

Lake Liberty, A.H. Stephens State Park Beach

Recreation

Little Beaverdam Creek

Headwaters to confluence with Beaverdam Creek

Drinking Water

Mountain Creek

Headwaters to Little Nails Creek

Drinking Water

North Fork Broad River

Confluence with Double Branch to confluence with Middle Fork Broad River

Drinking Water

Savannah River/Lake Russell and Clarks Hill Lake

GA Highway 368/SC Highway 184 to Clarks Hill Dam (Mile 238)

Recreation and Drinking Water

Savannah River

Clarks Hill Dam (Mile 238) to Horse Creek including Stevens Creek Reservoir and Augusta Canal

Drinking Water

Savannah River

US Hwy. 301 Bridge (Mile 129) to Seaboard Coastline RR Bridge (Mile 27.4)

Drinking Water

Savannah River

Seaboard Coastline RR Bridge (Mile 27.4) to Fort Pulaski (Mile 0)

Coastal Fishing

Savannah River

Fort Pulaski (Mile 0) to Open Sea and all littoral waters of Tybee Island

Recreation

Sherrills Creek

Headwaters to confluence with South Fork Little River (including Sherrills Reservoir)

Drinking Water

Sweetwater Creek

Headwaters to confluence with Brier Creek (including Usry Lake)

Drinking Water

Tallulah River

Headwaters, including Lakes Burton and Seed, to confluence with Flat Creek

Recreation

Tallulah River/ Lake Rabun

Confluence of Flat Creek, including Lake Rabun, to Rabun Dam

Recreation and Drinking Water

Tallulah River

Lake Rabun Dam to confluence with Chattooga River

Recreation

Town Creek (Tributary to Long Creek)

Headwaters to confluence with Brooks Creek

Drinking Water

Tributary to Crawford Creek

Headwaters to confluence with Crawford Creek (including Water Works Reservoir)

Drinking Water

Tugaloo River

Confluence of Tallulah and Chattooga Rivers to Yonah Lake Dam

Recreation and Drinking Water

Tugaloo River/Lake Hartwell

Confluence with Prather Creek (near GA SR 184) to Lake Hartwell Dam

Recreation and Drinking Water

West Fork Chattooga

Confluence of Overflow Creek and Clear Creek to confluence with Chattooga River (7.3 mi.)

Wild and Scenic

     

ST. MARYS RIVER BASIN

 

CLASSIFICATION

All littoral waters on the ocean side of Cumberland Island

 

Recreation

     

SUWANNEE RIVER BASIN

 

CLASSIFICATION

Big Creek

Lake Laura S. Walker, Laura Walker State Park Beach

Recreation

     

TALLAPOOSA RIVER BASIN

 

CLASSIFICATION

Astin Creek

Headwaters to Little Tallapoosa River including unnamed tributary to Cowans Lake

Drinking Water

Beach Creek

Headwaters to Bush Creek

Drinking Water

Bush Creek

Headwaters to Beach Creek

Drinking Water

Indian Creek

Confluence with Turkey Creek to Indian Branch

Drinking Water

Little Tallapoosa River

Headwaters of Lake Paradise to confluence with Astin Creek

Drinking Water

Little Tallapoosa River

Sharpe Creek to Buck Creek

Drinking Water

Tallapoosa River

Beach Creek to Mann Creek

Drinking Water

Turkey Creek

Jump In Creek to Indian Creek

Drinking Water

     

TENNESSEE RIVER BASIN

 

CLASSIFICATION

Black's Creek

Headwaters to confluence with Little Tennessee River

Drinking Water

Hiawassee River

Headwaters to Lake Chatuge

Recreation

Hiawassee River/ Lake Chatuge

Lake Chatuge to Georgia - North Carolina State Line

Recreation and Drinking Water

Lookout Creek

Confluence with Turner Branch to confluence with Sitton Gulch Creek

Drinking Water

Mud Creek

Headwaters to confluence with Little Tennessee River

Drinking Water

Nottely River

Headwaters to confluence with Fortenberry Creek

Recreation

Notley River/Lake Notley

Confluence with Fortenberry Creek to Lake Notley Dam

Recreation and Drinking Water

Notely River

Lake Notley Dam to Georgia - North Carolina State Line

Recreation

South Chickamauga Creek

Confluence of Tiger Creek with East Chickamauga Creek to confluence with Little Chickamauga Creek

Drinking Water

Toccoa River/Lake Blue Ridge

Headwaters to Lake Blue Ridge Dam

Recreation

Toccoa River

Lake Blue Ridge Dam to Georgia - Tennessee State Line

Recreation and Drinking Water

Tributary to Crawfish Spring Lake

Headwaters to confluence with Coke Oven Branch (including Crawfish Spring Lake) to West Chickamauga Creek

Drinking Water

Wolf Creek

Lake Trahlyta, Vogel State Park Beach

Recreation

(15) Trout Streams. Streams designated as Primary Trout Waters are waters supporting a self-sustaining population of Rainbow, Brown or Brook Trout. Streams designated as Secondary Trout Streams are those with no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. Trout streams are classified in accordance with the designations and criteria as follows:
(a) Criteria.
(i) There shall be no elevation of natural stream temperatures for Primary Trout Waters; 2 °F or less elevation for Secondary Trout Waters.
(ii) No person shall construct an impoundment on Primary Trout Waters, except on streams with drainage basins less than 50 acres upstream of the impoundment. Impoundments on streams with drainage basins less than 50 acres must be approved by the Division.
(iii) No person shall construct an impoundment on Secondary Trout Waters without the approval of the Division.
(b) Designations by County.

BARTOW COUNTY

Primary:

None.

Secondary:

1. Boston Creek watershed upstream from Georgia Hwy. 20.
2. Connesena Creek watershed.
3. Dykes Creek watershed.
4. Pine Log Creek watershed.
5. Pyle Creek watershed.
6. Salacoa Creek watershed.
7. Spring Creek watershed.
8. Stamp Creek watershed upstream from Bartow County Road 269.
9. Toms Creek watershed upstream from Bartow County Road 82.
10. Two Run Creek watershed.
11. Ward Creek watershed.

CARROLL COUNTY

Primary:

None.

Secondary:

1. Brooks Creek watershed.
2. Mud Creek watershed.
3. Tallapoosa River.

CATOOSA COUNTY

Primary:

None.

Secondary:

1. Dry Creek watershed upstream from Catoosa County Road 257 (East Chickamauga Creek Watershed).
2. Hurricane Creek watershed upstream from Peters Branch.
3. Little Chickamauga Creek watershed upstream from Catoosa County Road 387.
4. Tiger Creek watershed upstream from Georgia Hwy. 2.

CHATTOOGA COUNTY

Primary:

None.

Secondary:

1. Allgood Branch watershed upstream from Southern Railroad.
2. Chappel Creek watershed.
3. Chelsea Creek watershed.
4. East Fork Little River watershed.
5. Hinton Creek watershed.
6. Kings Creek watershed.
7. Little Armuchee Creek watershed upstream from Chattooga County Road 326.
8. Middle Fork Little River watershed.
9. Mt. Hope Creek watershed.
10. Perennial Spring watershed.
11. Raccoon Creek watershed upstream from Georgia Hwy. 48.
12. Ruff Creek watershed.
13. Storey Mill Creek watershed.
14. Taliaferro Creek watershed.

CHEROKEE COUNTY

Primary:

None.

Secondary:

1. Bluff Creek watershed upstream from Cherokee County Road 114.
2. Boston Creek watershed.
3. Murphy Creek watershed.
4. Pine Log Creek watershed.
5. Salacoa Creek watershed.
6. Soap Creek watershed upstream from Cherokee County Road 116.
7. Stamp Creek watershed.
8. Wiley Creek watershed.

COBB COUNTY

Primary:

None.

Secondary:

1. Chattahoochee River upstream from I-285 West Bridge.

DADE COUNTY

Primary:

None.

Secondary:

1. Allison Creek watershed.
2. East Fork Little River watershed.
3. Lookout Creek watershed upstream from Dade County Road 197.
4. Rock Creek watershed.
5. West Fork Little River watershed.

DAWSON COUNTY

Primary:

1. Amicalola Creek watershed upstream from Dawson County Road 192 (Devil's Elbow Road).
2. Anderson Creek watershed.
3. Long Swamp Creek watershed.
4. Nimblewill Creek watershed.
5. Sweetwater Creek watershed.

Secondary:

1. Amicalola Creek watershed from Georgia Hwy. 53 upstream to Dawson County Road 192 (Devil's Elbow Road).
2. Shoal Creek watershed upstream from the mouth of Burt Creek.

ELBERT COUNTY

Primary:

None.

Secondary:

1. Savannah River for the ten-mile reach downstream from Hartwell Dam.

FANNIN COUNTY

Primary:

1. Conasauga River - Jacks River watershed.
2. Ellijay River watershed.
3. Etowah River watershed.
4. Fightingtown Creek watershed.
5. Owenby Creek watershed.
6. Persimmon Creek watershed.
7. South Fork Rapier Mill Creek watershed.
8. Toccoa River watershed upstream to Blue Ridge Reservoir dam.
9. Toccoa River watershed upstream from the backwater of Blue Ridge Reservoir.
10. Tumbling Creek watershed.
11. Wilscot Creek watershed.

Secondary:

All streams or stream sections not classified as primary in the above list.

FLOYD COUNTY

Primary:

None.

Secondary:

1. Dykes Creek watershed.
2. Johns Creek watershed upstream from Floyd County Road 212.
3. Kings Creek watershed.
4. Lavender Creek watershed upstream from Floyd County Road 893.
5. Little Cedar Creek watershed.
6. Mt. Hope Creek watershed.
7. Silver Creek watershed upstream from Georgia Highway 1E.
8. Spring Creek watershed (flows into State of Alabama).
9. Spring Creek water shed (flows into Etowah River).
10. Toms Creek watershed.

FORSYTH COUNTY

Primary:

None.

Secondary:

1. Chattahoochee River.

FULTON COUNTY

Primary:

None.

Secondary:

1. Chattahoochee River upstream from I-285 West Bridge.

GILMER COUNTY

Primary:

1. Cartecay River watershed upstream from the mouth of Clear Creek.
2. Clear Creek watershed upstream from Gilmer County Road 92.
3. Conasauga River watershed - including Jacks River watershed.
4. Ellijay River watershed upstream from the mouth of Kells Creek.
5. Harris Creek watershed.
6. Johnson Creek watershed.
7. Mountaintown Creek watershed upstream from U.S. Highway 76.
8. Tails Creek watershed upstream from Georgia Hwy. 282.
9. Toccoa River watershed - including Fightingtown Creek watershed.

Secondary:

1. All streams or sections thereof except the Coosawattee River downstream from Ga. Hwy. 5 Bridge, and Talking Rock Creek (not including tributaries) and those classified as primary.
2. Ball Creek watershed.
3. Sevenmile Creek watershed.
4. Town Creek watershed.
5. Wildcat Creek watershed.

GORDON COUNTY

Primary:

None.

Secondary:

1. Johns Creek watershed.
2. Long Branch watershed.
3. Pine Log Creek watershed upstream from Georgia Hwy. 53.
4. Pin Hook Creek watershed upstream from Gordon County Road 275.
5. Rocky Creek watershed upstream from Gordon County Road 210.
6. Salacoa Creek watershed upstream from U.S. Hwy. 411.
7. Snake Creek watershed.

GWINNETT COUNTY

Primary:

None.

Secondary:

1. Chattahoochee River.

HABERSHAM COUNTY

Primary:

1. Chattahoochee River watershed upstream from Georgia Hwy. 255 Bridge.
2. Middle Fork Broad River watershed upstream from USFS Route 92-B.
3. Panther Creek watershed.
4. Soque River watershed upstream from King's Bridge (bridge on Georgia Hwy. 197 just below the mouth of Shoal Creek).

Secondary:

1. Chattahoochee River watershed upstream from Georgia Hwy. 115 to the Georgia Hwy. 255 Bridge.
2. Davidson Creek watershed.
3. Middle Fork Broad River tributaries entering below USFS Route 92-B.
4. Nancytown Creek watershed upstream from Nancytown Lake.
5. North Fork Broad River watershed.
6. Soque River watershed upstream from the mouth of Deep Creek to King's Bridge (Georgia Hwy. 197).
7. Toccoa Creek watershed.

HARALSON COUNTY

Primary:

None.

Secondary:

1. Beach Creek watershed upstream from Haralson County Road 34.
2. Flatwood Creek watershed.
3. Lassetter Creek watershed.
4. Mann Creek watershed upstream from Haralson County Road 162.
5. Mountain Creek watershed.
6. Tallapoosa River watershed upstream from Haralson County Road 222.
7. Tallapoosa Creek watershed.

HART COUNTY

Primary:

None.

Secondary:

1. Savannah River.

LUMPKIN COUNTY

Primary:

1. Amicalola Creek watershed.
2. Camp Creek watershed.
3. Cane Creek watershed upstream from Cane Creek Falls.
4. Cavender Creek watershed.
5. Chestatee River watershed upstream from Lumpkin County Road 52-S976 (Lumpkin County Road 190).
6. Clay Creek watershed.
7. Etowah River watershed upstream from the Georgia Hwy. 52 Bridge.
8. Hurricane Creek watershed upstream from Lumpkin County Road 202.
9. Mooney Branch watershed.
10. Tobacco Pouch Branch watershed.

Secondary:

1. Cane Creek watershed upstream from Georgia Hwy. 52 Bridge to Cane Creek Falls.
2. Chestatee River watershed upstream from the mouth of Tesnatee Creek to Lumpkin County Road 52-S976 (Lumpkin County Road 190).
3. Etowah River watershed upstream from Castleberry Bridge to Georgia Hwy. 52 except those classified as primary above.
4. Shoal Creek watershed.
5. Yahoola Creek watershed upstream from Georgia Hwy. 52.

MURRAY COUNTY

Primary:

1. Conasauga River watershed, including - Jacks River watershed, upstream from Georgia-§Tennessee state line.
2. Holly Creek watershed upstream from Murray County Rd. SR826 (U.S. Forest Service line).
3. Rock Creek watershed upstream from Murray County Rd. 4 (Dennis).

Secondary:

1. All tributaries to Carters Reservoir.
2. Holly Creek watershed (including Emory Creek watershed) upstream from Emory Creek to Murray County Road SR826 (U.S. Forest Service line).
3. Mill Creek watershed upstream from Murray County Road 27.
4. Mill Creek (Hassler Mill Creek) watershed within the Holly Creek watershed.
5. North Prong Sumac Creek watershed.
6. Sugar Creek watershed upstream from Murray County Road 4.
7. Sumac Creek watershed upstream from Coffey Lake.
8. Rock Creek watershed upstream of Murray County Road 301.

PAULDING COUNTY

Primary:

None.

Secondary:

1. Possum Creek watershed upstream from Paulding County Road 64.
2. Powder Creek (Powder Springs Creek) watershed.
3. Pumpkinvine Creek watershed upstream from Paulding County Road 231.
4. Pyle Creek watershed.
5. Raccoon Creek watershed upstream from Road SR2299 (Paulding County Road 471).
6. Tallapoosa River watershed.
7. Simpson Creek watershed.
8. Thompson Creek watershed.
9. Ward Creek watershed.

PICKENS COUNTY

Primary:

1. Cartecay River watershed.
2. Talking Rock Creek watershed upstream from Route S1011 (GA Highway 136).

Secondary:

1. Amicalola Creek watershed.
2. Ball Creek watershed.
3. Bluff Creek watershed.
4. East Branch watershed (including Darnell Creek watershed).
5. Fisher Creek watershed (upstream from the confluence of Talona Creek and Fisher Creek).
6. Fourmile Creek watershed.
7. Hobson Creek watershed.
8. Little Scarecorn Creek watershed.
9. Long Branch watershed.
10. Long Swamp Creek watershed upstream from Pickens County Road 294.
11. Mud Creek watershed.
12. Pin Hook Creek watershed.
13. Polecat Creek watershed.
14. Rock Creek watershed.
15. Salacoa Creek watershed.
16. Scarecorn Creek watershed upstream from Georgia Hwy. 53.
17. Sevenmile Creek watershed.
18. Soap Creek watershed.
19. Town Creek watershed.
20. Wildcat Creek watershed.

POLK COUNTY

Primary:

None.

Secondary:

1. Cedar Creek watershed upstream from Polk County Road 121.
2. Fish Creek watershed upstream of Plantation Pipeline.
3. Lassetter Creek watershed.
4. Little Cedar Creek watershed.
5. Pumpkinpile Creek watershed upstream from Road SR1032.
6. Silver Creek watershed.
7. Simpson Creek watershed upstream of Lake Dorene.
8. Spring Creek watershed.
9. Swinney Branch watershed.
10. Thomasson Creek watershed.
11. Thompson Creek watershed upstream of Polk County Road 441.

RABUN COUNTY

Primary:

1. Chattooga River - all tributaries classified as primary.
2. Little Tennessee River - entire stream and tributaries classified as primary except all streams or sections thereof classified as secondary.
3. Tallulah River - entire stream and tributaries classified as primary except the Tallulah River downstream from Lake Rabun Dam to headwaters of Tugaloo Lake.

Secondary:

1. Little Tennessee River downstream from U.S. Hwy. 441 Bridge.
2. Mud Creek downstream from Sky Valley Ski Resort Lake to the Little Tennessee River.

STEPHENS COUNTY

Primary:

1. Middle Fork Broad River watershed upstream from USFS Route 92-B.
2. Panther Creek watershed upstream from the mouth of Davidson Creek.

Secondary:

1. Davidson Creek watershed.
2. Leatherwood Creek watershed upstream from Georgia Hwy. 184 Bridge.
3. Little Toccoa Creek watershed.
4. Middle Fork Broad River watershed upstream from SCS flood control structure #44 to USFS Route 92-B.
5. North Fork Broad River watershed upstream from SCS flood control structure #1.
6. Panther Creek watershed downstream from the mouth of Davidson Creek.
7. Toccoa Creek upstream from Toccoa Falls.

TOWNS COUNTY

Primary:

1. Brasstown Creek watershed.
2. Chattahoochee River watershed.
3. Gumlog Creek watershed.
4. Hiawassee River watershed - entire stream and all tributaries classified as primary except all streams or sections thereof classified as secondary.
5. Tallulah River watershed.
6. Winchester Creek watershed.

Secondary:

1. Hightower Creek downstream from the mouth of Little Hightower Creek.

UNION COUNTY

Primary:

1. Arkaqua Creek watershed.
2. Brasstown Creek watershed.
3. Chattahoochee River watershed.
4. Conley Creek watershed upstream from Road S2325 (Union County Rd 237).
5. Coosa Creek watershed upstream from mouth of Anderson Creek.
6. Dooley Creek watershed.
7. East Fork Wolf Creek watershed upstream from Lake Trahlyta.
8. Gumlog Creek watershed.
9. Ivylog Creek watershed upstream from USDA Forest Service property line.
10. Nottely River watershed upstream from the mouth of Town Creek.
11. Toccoa River watershed.
12. Town Creek watershed.
13. West Fork Wolf Creek watershed.
14. Youngcane Creek watershed upstream from the mouth of Jones Creek.

Secondary:

1. All streams or sections thereof except the Butternut Creek watershed and the Nottely River downstream of Nottely Dam and those classified as primary.

WALKER COUNTY

Primary:

1. Furnace Creek watershed.
2. Harrisburg Creek watershed (including Dougherty Creek and Allen Creek) upstream from Dougherty Creek.

Secondary:

1. Chappel Creek watershed.
2. Chattanooga Creek watershed upstream of Walker County Road 235.
3. Concord Creek watershed.
4. Dry Creek watershed (tributary to East Armuchee Creek).
5. Duck Creek watershed.
6. East Armuchee Creek watershed upstream from Georgia Hwy. 136.
7. East Fork Little River watershed (flows into Dade County).
8. East Fork Little River watershed (flows into Chattooga County; includes Gilreath Creek).
9. Gulf Creek watershed.
10. Johns Creek watershed.
11. Left Fork Coulter Branch watershed.
12. Little Chickamauga Creek watershed.
13. Middle Fork Little River watershed (includes Cannon Branch and Hale Branch).
14. Rock Creek watershed (including Sawmill Branch) upstream from Sawmill Branch.
15. Ruff Creek watershed.
16. Snake Creek watershed.
17. West Armuchee Creek watershed.
18. West Chickamauga Creek watershed upstream from Walker County Road 107.
19. West Fork Little River watershed.

WHITE COUNTY

Primary:

1. Cathey Creek watershed upstream from the Arrowhead Campground Lake at the mouth of Tom White Branch.
2. Chattahoochee River watershed upstream from Georgia Hwy. 255 Bridge.
3. Town Creek watershed upstream from the mouth of Jenny Creek.

Secondary:

1. Chattahoochee River watershed upstream from Georgia Hwy. 115 to the Georgia Hwy. 255 Bridge.
2. Little Tesnatee Creek watershed upstream from the mouth of Turner Creek.
3. Turner Creek watershed except as listed under primary above (Turner Creek nearest to Cleveland city limits).

WHITFIELD COUNTY

Primary:

None.

Secondary:

1. Coahulla Creek watershed upstream from Whitfield County Road 183.
2. Dry Creek watershed.
3. Snake Creek watershed.
4. Spring Creek watershed.
5. Swamp Creek watershed upstream from Whitfield County Road 9.
6. Tiger Creek watershed
(16) Waters Generally Supporting Shellfish. The waters listed below are either productive shellfish waters or have the potential to support shellfish. However, it may not be lawful to harvest shellfish from all of the waters listed below. Shellfish may only be harvested from waters approved for harvest by the Georgia DNR Coastal Resources Division. For a current list of approved waters for harvesting, contact the Coastal Resources Division.

CHATHAM COUNTY

1. Savannah River South Channel at Fort Pulaski to confluence with Lazaretto Creek.
2. Tybee River at confluence with Bates Creek and eastward, including Bates Creek.
3. Wilmington River at confluence with Herb River and eastward.
4. Herb River at confluence with Wilmington River to County Road 890.
5. All waters surrounding Skidaway Island including Moon River North to Skidaway Island Road.
6. Vernon River at Vernonburg and eastward.
7. Little Ogeechee River from Rose Dhu Island and eastward excluding Harvey Creek on Harvey's Island.
8. Ogeechee River below Shad Island and eastward (north of center line).
9. All waters surrounding Ossabaw Island and Wassaw Island to the center line of the intracoastal waterway.

BRYAN COUNTY

1. Ogeechee River below Shad Island and eastward (south of center line).
2. Redbird Creek at Cottonham and eastward.
3. All waters west of main channel center line of intracoastal waterway to confluence of Medway River.
4. Medway River at south confluence of Sunbury Channel and East Channel and eastward (north of center line).

LIBERTY COUNTY

1. Medway River at south confluence of Sunbury Channel and East Channel and eastward (south of center line).
2. Dickinson Creek at Latitude 31 ° 44.2' to confluence with Medway River.
3. Johns Creek at end of County Road 3 and eastward to confluence with Medway River.
4. All other waters east and north of Colonels Island.
5. North Newport River System at confluence with Carrs Neck Creek and eastward, including Cross Tide Creek.
6. South Newport River System north of center line and eastward from confluence with South Hampton Creek.

MCINTOSH COUNTY

1. South Newport River System south of centerline and eastward from confluence with South Hampton Creek.
2. Julienton River at Latitude 31 ° 36.8' and eastward to confluence with Sapelo River, including Broad River near Shellman Bluff.
3. Sapelo River from end of County Road 127 eastward excluding White Chimney River and Savannah Cut.
4. All waters surrounding Creighton Island.
5. Atwood Creek at Latitude 31 ° 28.3' and eastward.
6. Hudson Creek at Latitude 31 ° 27.2' and eastward.
7. Carnigan River at Latitude 31 ° 26.2' and eastward.
8. All waters surrounding Sapelo Island to the center line of Sapelo Sound, including New Teakettle Creek, Old Tea§kettle Creek and Dark Creek.
9. Dead River at Longitude 81 ° 21.5' to confluence with Folly River.
10. Folly River at Longitude 81 ° 21.2' to confluence with intracoastal waterways including Fox Creek tributary.
11. North River from confluence with Old Darien River to confluence with intracoastal waterway, including Old Darien River.
12. Darien River from confluence with Three Mile Cut to intra§coastalwaterway.
13. Rockdedundy River from confluence with Darien River to intracoastal waterway.
14. All waters surrounding Doboy Island, Commodore Island, Wolf Island, and Rockdedundy Island.
15. South River at confluence of intracoastal waterway to Doboy Sound.
16. Altamaha River from confluence with Three Mile Cut and Mackay River and eastward, including Buttermilk Sound, but excluding South Altamaha River.
17. Dog Hammock to confluence with Sapelo River.
18. Eagle Creek to confluence with Mud River.

GLYNN COUNTY

1. Mackay River water system from confluence with South Altamaha River to confluence with Brunswick River, excluding Wally's Leg.
2. All waters surrounding St. Simons Island and Little St. Simons Island.
3. All waters surrounding Andrews Island excluding Academy Creek.
4. Turtle River from confluence with Buffalo River to confluence with South Brunswick River, excluding Cowpen Creek, Yellow Bluff Creek, and Gibson Creek.
5. South Brunswick River and drainage system to confluence of Brunswick River.
6. Fancy Bluff Creek from confluence with South Brunswick River to the Little Satilla River.
7. Brunswick River from confluence of Turtle River and South Brunswick River to St. Simons Sound.
8. Little Satilla River from confluence with Fancy Bluff Creek to St. Andrews Sound (north of center line).
9. All waters surrounding Jekyll Island, Jointer Island, and Colonels Island.

CAMDEN COUNTY

1. Little Satilla River from confluence with Fancy Bluff Creek to St. Andrews Sound (south of center line), excluding Maiden Creek.
2. Umbrella Creek from confluence with Dover Creek below Dover Bluff.
3. Dover Creek from confluence with Umbrella Creek to confluence with Satilla River.
4. Satilla River near Floyd Basin and unnamed cut over to Dover Creek to St. Andrews Sound.
5. Floyd Basin at confluence with Todd Creek to confluence with Satilla River.
6. Floyd Basin at confluence with Todd Creek to confluence with Cumberland River.
7. Black Point Creek south of Latitude 30 ° 52.0' south to Crooked River.
8. Crooked River from Crooked River State Park to Cumberland River.
9. Cumberland River from confluence of St. Andrews Sound to confluence with St. Marys River (north of center line).
10. North River from County Road 75 to confluence with St. Marys River.
11. All waters surrounding Cumberland Island.
12. St. Marys River (north of center line) from end of State Road 40 to Cumberland Sound.
(17) Specific Criteria for Lakes and Major Lake Tributaries. In addition to the general criteria, the following lake specific criteria are deemed necessary and shall be required for the specific water usage as shown:
(a) West Point Lake: Those waters impounded by West Point Dam and downstream of U.S. 27 at Franklin.
(i) Chlorophyll a: For the months of April through October, the average of monthly photic zone composite samples shall not exceed the chlorophyll a concentrations at the locations listed below more than once in a five-year period.

1.

Upstream from the Dam in the Forebay

22 µg/L

2.

LaGrange Water Intake

24 µg/L

(ii) pH: Within the range of 6.0 - 9.5.
(iii) Total Nitrogen: Not to exceed 4.0 mg/L as Nitrogen in the photic zone.
(iv) TotalPhosphorous: Total lake loading shall not exceed 2.4 pounds per acre foot of lake volume per year.
(v) Bacteria:
1. U.S. 27 at Franklin to New River: Fecal coliform bacteria shall not exceed the Fishing criterion as presented in 391-3-6-.03(6)(c)(iii).
2. New River to West Point Dam: E. coli shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(i).
(vi) Dissolved Oxygen: A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times at the depth specified in 391-3-6-.03 (5)(g).
(vii) Temperature: Water temperature shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(iv).
(viii) Major Lake Tributaries: For the following tributaries, the annual total phosphorus loading to West Point Lake shall not exceed the following:

1.

Yellow Jacket Creek at Hammet Road:

11,000 pounds

2.

New River at Hwy 100:

14,000 pounds

3.

Chattahoochee River at U.S. 27:

1,400,000 pounds

(b) Lake Walter F. George: Those waters impounded by Walter F. George Dam and upstream to Georgia Highway 39 near Omaha.
(i) Chlorophyll a: For the months of April through October, the average of monthly photic zone composite samples shall not exceed 18 µg/L at mid-river at U.S. Highway 82 or 15 µg/L at mid-river in the dam forebay more than once in a five-year period.
(ii) pH: Within the range of 6.0-9.5 standard units.
(iii) Total Nitrogen: Not to exceed 3.0 mg/L as nitrogen in the photic zone.
(iv) Total Phosphorous: Total lake loading shall not exceed 2.4 pounds per acre-foot of lake volume per year.
(v) Bacteria:
1. Georgia Highway 39 to Cowikee Creek: Fecal coliform bacteria shall not exceed the Fishing criterion as presented in 391-3-6-.03 (6)(c)(iii).
2. Cowikee Creek to Walter F. George Dam: E. coli shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(i).
(vi) Dissolved Oxygen: A daily average of no less than 5.0 mg/L and no less than 4.0 mg/L at all times at the depth specified in 391-3-6-.03 (5)(g).
(vii) Temperature: Water temperature shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(iv).
(viii) Major Lake Tributary: The annual total phosphorous loading to Lake Walter F. George, monitored at the Chattahoochee River at Georgia Highway 39, shall not exceed 2,000,000 pounds.
(c) Lake Jackson: Those waters impounded by Lloyd Shoals Dam and upstream to Georgia Highway 36 on the South and Yellow Rivers, upstream to Newton Factory Bridge Road on the Alcovy River and upstream to Georgia Highway 36 on Tussahaw Creek.
(i) Chlorophyll a: For the months of April through October, the average of monthly mid-channel photic zone composite samples shall not exceed 20 µg/L at a location approximately 2 miles downstream of the confluence of the South and Yellow Rivers at the junction of Butts, Newton and Jasper Counties more than once in a five-year period.
(ii) pH: Within the range of 6.0-9.5 standard units.
(iii) Total Nitrogen: Not to exceed 4.0 mg/L as nitrogen in the photic zone.
(iv) Total Phosphorous: Total lake loading shall not exceed 5.5 pounds per acre-foot of lake volume per year.
(v) Bacteria: E. coli shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(i).
(vi) Dissolved Oxygen: A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times at the depth specified in 391-3-6-.03 (5)(g).
(vii) Temperature: Water temperature shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(iv).
(viii) Major Lake Tributaries: For the following major tributaries, the annual total phosphorous loading to Lake Jackson shall not exceed the following:

1.

South River at Island Shoals:

179,000 pounds

2.

Yellow River at Georgia Highway 212:

116,000 pounds

3.

Alcovy River at Newton Factory Bridge Road:

55,000 pounds

4.

Tussahaw Creek at Fincherville Road.:

7,000 pounds

(d) Lake Allatoona: Those waters impounded by Allatoona Dam and upstream to State Highway 5 on the Etowah River, State Highway 5 on Little River, the Lake Acworth Dam, and the confluence of Little Allatoona Creek and Allatoona Creek. Other impounded tributaries to an elevation of 840 feet mean sea level corresponding to the normal pool elevation of Lake Allatoona.
(i) Chlorophyll a: For the months of April through October, the average of monthly mid-channel photic zone composite samples shall not exceed the chlorophyll a concentrations at the locations listed below more than once in a five-year period:

1.

Upstream from the Dam

10 µg/L

2.

Allatoona Creek upstream from I-75

12 µg/L

3.

Mid-Lake downstream from Kellogg Creek

10 µg/L

4.

Little River upstream from Highway 205

15 µg/L

5.

Etowah River upstream from Sweetwater Creek

14 µg/L

(ii) pH: Within the range of 6.0-9.5 standard units
(iii) Total Nitrogen: Not to exceed a growing season average of 4 mg/L as nitrogen in the photic zone.
(iv) Total Phosphorous: Total lake loading shall not exceed 1.3 pounds per acre-foot of lake volume per year.
(v) Bacteria:
1. Etowah River, State Highway 5 to State Highway 20: Fecal coliform bacteria shall not exceed the Fishing Criterion as presented in 391-3-6-.03 (6)(c)(iii).
2. Etowah River, State Highway 20 to Allatoona Dam: E. coli shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(i).
(vi) Dissolved Oxygen: A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times at the depth specified in 391-3-6-.03 (5)(g).
(vii) Temperature:
1. Etowah River, State Highway 5 to State Highway 20: Water temperature shall not exceed the Fishing criterion as presented in 391-3-6-.03 (6)(c)(iv).
2. Etowah River State Highway 20 to Allatoona Dam: Water temperature shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(iv).
(viii) Major Lake Tributaries: For the following major tributaries, the annual total phosphorous loading to Lake Allatoona shall not exceed the following:

1.

Etowah River at State Highway 5 spur and 140, at the USGS gage

340,000 lbs/yr

2.

Little River at State Highway 5 (Highway 754)

42,000 lbs/yr

3.

Noonday Creek at North Rope Mill Road

38,000 lbs/yr

4.

Shoal Creek at State Highway 108 (Fincher Road)

12,500 lbs/yr

(e) Lake Sidney Lanier: Those waters impounded by Buford Dam and upstream to Belton Bridge Road on the Chattahoochee River, 0.6 miles downstream from State Road 400 on the Chestatee River, as well as other impounded tributaries to an elevation of 1070 feet mean sea level corresponding to the normal pool elevation of Lake Sidney Lanier.
(i) Chlorophyll a: For the months of April through October, the average of monthly mid-channel photic zone composite samples shall not exceed the chlorophyll a concentrations at the locations listed below more than once in a five-year period:

1.

Upstream from the Buford Dam forebay

5 µg/L

2.

Upstream from the Flowery Branch confluence

6 µg/L

3.

At Browns Bridge Road (State Road 369)

7 µg/L

4.

At Bolling Bridge (State Road 53) on Chestatee River

10 µg/L

5.

At Lanier Bridge (State Road 53) on Chattahoochee River

10 µg/L

(ii) pH: Within the range of 6.0-9.5 standard units.
(iii) Total Nitrogen: Not to exceed 4 mg/L as nitrogen in the photic zone.
(iv) Total Phosphorous: Total lake loading shall not exceed 0.25 pounds per acre-foot of lake volume per year.
(v) Bacteria: E. coli shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(i).
(vi) Dissolved Oxygen: A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times at the depth specified in 391-3-6-.03 (5)(g).
(vii) Temperature: Water temperature shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(iv).
(viii) Major Lake Tributaries: For the following major tributaries, the annual total phosphorous loading to Lake Sidney Lanier shall not exceed the following:

1.

Chattahoochee River at Belton Bridge Road

178,000 pounds

2.

Chestatee River at Georgia Highway 400

118,000 pounds

3.

Flat Creek at McEver Road

14,400 pounds

(f) Carters Lake: Those waters impounded by Carters Dam and upstream on the Coosawattee River as well as other impounded tributaries to an elevation of 1072 feet mean sea level corresponding to the normal pool elevation of Carters Lake.
(i) Chlorophyll a: For the months of April through October, the average of monthly mid-channel photic zone composite samples shall not exceed the chlorophyll a concentrations at the locations listed below more than once in a five-year period:

1.

Carters Lake upstream from Woodring Branch

10 µg/L

2.

Carters Lake at Coosawattee River embayment mouth

10 µg/L

(ii) pH: within the range of 6.0 - 9.5 standard units.
(iii) Total Nitrogen: Not to exceed 4.0 mg/L as nitrogen in the photic zone.
(iv) Total Phosphorous: Total lake loading shall not exceed 172,500 pounds or 0.46 pounds per acre-foot of lake volume per year.
(v) Bacteria: E. coli shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(i).
(vi) Dissolved Oxygen: A daily average of 5.0 mg/L and no less than 4.0 mg/L at all times at the depth specified in 391-3-6-.03 (5)(g).
(vii) Temperature: Water temperature shall not exceed the Recreation criterion as presented in 391-3-6-.03 (6)(b)(iv).
(viii) Major Lake Tributaries: For the following major tributaries, the annual total phosphorous loading at the compliance monitoring location shall not exceed the following:

1.

Coosawattee River at Old Highway 5

151,500 pounds

2.

Mountaintown Creek at U.S. Highway 76

16,000 pounds

(18) Effective Date. This rule shall become effective twenty days after filing with the Secretary of State's office.

Rule 391-3-6-.04 Marine Sanitation Devices

(1) Purpose. The purpose of Rule 391-3-6-.04 is to prescribe procedures pertaining to construction, installation and operation of marine sanitation devices, facilities or methods of sewage disposal.
(2) Definitions. All terms used in the Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise herein defined in this Paragraph or in any other Paragraph of these Rules.
(a) "Boat" means any vessel or watercraft whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the waters of this State whether or not capable of self locomotion, including, but not limited to, cabin cruisers, houseboats, barges and similar floating objects.
(b) "Marine Toilet" means any toilet on or within any boat.
(c) "Other Disposal Unit" means any device on or within any boat, other than marine toilet, which is intended for use in the disposal of human body wastes or sewage.
(d) "Blender" means any mechanical device capable of reducing sewage solids into a finely divided state such that a liquid disinfecting agent may be effectively dispersed throughout the blended sewage.
(e) "Marine Sanitation Devices" mean any equipment of installation on a boat which is designed to receive, retain, treat or discharge sewage or any process to treat such sewage.
(f) "Sewage," for the purposes of this Paragraph only, means water carried wastes, which are generated by human beings or their activities.
(3) General Provisions.
(a) Any marine toilet or other disposal unit located on or within any boat operated on waters of this State shall have securely affixed to the interior discharge toilet or unit a suitable marine sanitation device designed, constructed, and operated in accordance with requirements prescribed herein. All sewage passing into or through the marine toilet or other disposal unit shall discharge solely to the marine sanitation device.
(b) This Paragraph shall not apply to ocean going vessels of 20 tons displacement or more.
(4) Waste Treatment Devices and Equipment.
(a) All discharges from marine sanitation devices into or upon the waters of this State shall be in compliance with the Federal standards of performance and regulations for marine sanitation devices promulgated pursuant to Section 312 of the Federal Act.
(b) For vessels on the lakes listed in the Official Code of Georgia Annotated Section 12-5-29(c)as amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet unless such marine toilet only discharges into a holding tank located on the vessel. It is further required that:
1. Such holding tank be constructed so as to prevent removal of the sewage held therein except by pumping:
2. The holding tank be properly vented to the outside air in such fashion as not to foul the interior of the boat structure;
3. Only those chemicals approved by the Division can be added to the holding tank; and
4. The contents of the holding tank must be disposed of only through onshore facilities approved by the Division.
(c) For vessels on the lakes referenced in paragraph (4)(b) of this section constructed on or before January 1, 1978, an extension shall be granted until December 31, 1991 for compliance with paragraph (4)(b) of this section. The Burden of Proof regarding the construction date of the vessel is the responsibility of the vessel owner. During the extension period those vessels found in violations of the provisions of the law will be issued a warning which will serve to notify each boater of the requirements to comply with paragraph (4)(b) of this section.
(5) Right to Entry. Personnel of the Division or other duly authorized agents of the Department shall have access to any boat at reasonable times for the purposes of the determining whether or not there is compliance with the provisions of the Act and the rules of the Division.
(6) Effective Date. This paragraph shall become effective twenty days after filing with the Secretary of State's Office.

Rule 391-3-6-.05 Emergency Actions

(1) Purpose. The purpose of Paragraph 391-3-6-.05 is to provide procedures to handle any emergency which endangers the waters of the State.
(2) Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in this Paragraph or in any other Paragraph of these Rules.
(a) "Spill" means any discharge of raw sewage by a Publicly Owned Treatment Works (POTW) to the waters of the State.
(b) "Major Spill"; means:
1. The discharge of pollutants into the waters of the State by a POTW that exceeds the weekly average permitted effluent limit for biochemical oxygen demand (5-day) or total suspended solids by 50 percent or greater for any one day, provided that the effluent discharge concentration is equal to or greater than 25 mg/L for biochemical oxygen demand or total suspended solids.
2. Any discharge of raw sewage that (1) is in excess of 10,000 gallons or (2) results in water quality violations in the waters of the State.
(c) "Consistently exceeding an effluent limitation" means a POTW exceeding the 30 day average limit for biochemical oxygen demand or total suspended solids for at least five days out of each seven day period during a total period of 180 consecutive days.
(3) Notice Concerning Endangering Waters of the State. Whenever, because of an accident or otherwise, any toxic or taste and color producing substance, or any other substance which would endanger downstream users of the waters of the State or would damage property, is discharged into such waters, or is so placed that it might flow, be washed, or fall into them, it shall be the duty of the person in charge of such substances at the time to forthwith notify the Division in person or by telephone of the location and nature of the danger, and it shall be such person's further duty to immediately take all reasonable and necessary steps to prevent injury to property and downstream users of said water. The following specific requirements shall apply to POTWS:
(a) The owner of a POTW shall immediately notify the Division, in person or by telephone, when a spill or a major spill occurs in the system. Within five (5) days of the incident, the owner of the POTW shall submit a written report to the Division which includes, at a minimum, the information required in (3)(e) below.
(b) The owner of a POTW responsible for a major spill shall publish a notice of the major spill in the legal organ of the County where the incident occurred. The notice shall be published within seven days after the date of the major spill. The notice at a minimum shall include the following:
1. Date of the major spill;
2. Location and cause of major spill;
3. Estimated volume discharged and name of receiving waters;
4. Corrective action taken to mitigate or reduce the adverse effects of the major spill.
(c) The owner of a POTW shall immediately establish a monitoring program of the waters affected by a major spill or by consistently exceeding an effluent limit, with such monitoring being at the expense of the POTW for at least one year. The monitoring program shall include an upstream sampling point as well as sufficient downstream locations to accurately characterize the impact of the major spill or the consistent exceedence of effluent limitations as described in (2)(c) above. At a minimum the following parameters shall be monitored in the receiving stream:
1. Dissolved Oxygen;
2. Fecal Coliform Bacteria;
3. pH;
4. Temperature.

The monitoring and reporting frequency as well as the need to monitor additional parameters will be determined by the Division. The results of the monitoring will be provided by the POTW owner to the Division and all downstream public agencies using the affected waters as a source of a public water supply.

(d) The Division and the owner of a POTW will provide notice of a major spill within 24- hours of becoming aware of the major spill to every county, municipality or other public agency whose public water supply is within a distance of 20 miles downstream and to any others which could potentially be affected by the major spill.
(e) The owner of a POTW responsible for a spill or a major spill shall report the incident to the local media (television, radio and print media) within 24 hours of becoming aware of the incident. The report shall include at a minimum the following:
1. Date of the spill or major spill;
2. Location and cause of spill or major spill;
3. Estimated volume discharged and name of receiving waters;
4. Corrective action taken to mitigate or reduce the adverse effects of the spill or major spill.
(f) The owner of a POTW responsible for a spill or a major spill shall immediately report the incident to the local health department(s) for the area affected by the incident. The report shall include at a minimum the same information required in (3)(e) above.
(g) The owner of a POTW responsible for a spill or a major spill shall immediately post a notice as close as possible to where the spill or major spill occurred and where the spill or major spill entered State waters. The notice shall include at a minimum the same information required in (3)(e) above. The intent of this requirement is for the POTW to notify citizens, who may come into contact with the affected water, that the spill or the major spill has occurred. The owner shall also post additional notices of the spill or major spill along the portions of the waterway affected by the incident (i.e. at bridge crossings, trails, boat ramps, recreational areas, and other points of public access to the affected waterway). These notices shall remain in place for a minimum of seven days after the spill or major spill has ceased.
(4) Noncompliance Notification. If, for any reason, the permittee does not comply with, or will be unable to comply with any effluent limitations specified in the permittee's NPDES permit, the permittee shall provide the Division with an oral report within 24 hours from the time the permittee becomes aware of the circumstances followed by a written report within five (5) days of becoming aware of such condition. The written submission shall contain the following information:
(a) A description of the noncompliance and its cause; and
(b) The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
(5) Emergency Orders. The Director shall have the authority to issue an emergency order pursuant to Section 20 of the Act, and Section 17(a) of the Executive Reorganization Act of 1972, as amended.
(6) Effective Date. This Rule shall become effective twenty days after filing with the Secretary of State's Office.

Rule 391-3-6-.06 Waste Treatment and Permit Requirements. Amended

(1) Purpose. The purpose of this Paragraph 391-3-6-.06 is to provide for the degree of waste treatment required and the uniform procedures and practices to be followed relating to the application for issuance, modification, revocation and reissuance, and termination of permits for the discharge of any pollutant into the waters of the State. Requirements applicable to general NPDES permits are provided in subparagraphs 391-3-6-.15 and 391-3-6-.16.
(2) Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in this Paragraph or in any other Paragraph of these Rules:
(a) "Annual average stream flow" means that flow measured daily at the nearest listed U.S. Geologic Survey stream gauge, averaged for the entire period of record, and adjusted by comparison to the size of the drainage area in which the discharge is located.
(b) "Aquaculture project" means any point source which meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.25;
(c) "Concentrated anima l feeding operation" means any point source which meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.23;
(d) "Concentrated aquatic animal production facility" means any point source which meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.24;
(e) "Construction" means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises;
(f) "Dilution factor" means a numerical representation of the dilution of the permitted effluent from the wastewater treatment facility in the receiving stream. It shall be used to calculate instream concentrations of priority pollutants when the effluent concentration is known and to calculate effluent limitations from the instream criteria concentration listed in 391-3-6-.03 (5)(e).
1. For constituents and their criteria listed in 391-3-6-.03 (5)(e)(i) and (iii) and for constituents and their chronic criteria in 391-3-6-.03 (5)(e)(ii), the dilution factor equals:

7-day, 10-year minimum stream flow (7Q10) + discharger design flow / discharger design flow

For constituents and their acute criteria listed in 391-3-6-.03 (5)(e)(ii), the dilution factor for the calculation of effluent limitations equals:

1-day, 10-year minimum stream flow (1Q10) + discharger design flow / discharger design flow

For constituents listed in 391-3-6-.03 (5)(e)(iv), the dilution factor equals:

Annual or long-term average stream flow + Discharger design flow / discharger design flow

2. The dilution factor equations assume a relatively rapid and complex mix. In situations where this does not occur, the Permittee or EPD may perform field studies to document and describe the mixing zone. The dilution factor in such situations, for the purpose of calculating effluent limitations for chemical constitutents, will be determined based on the studies. If a mixing zone is granted, all criteria and requirements of subsection 391-3-6-.03(10) must also be met.
3. In situations where the dilution factor equations do not appropriately describe the dilution capacity of receiving waters, such as for discharges to impounded waters or to tidal estuaries, the dilution factor will be determined through field studies or appropriate analytical procedures.
(g) "Effluent Limitation" means any restriction or prohibition established under the Act on quantities, rates, or concentrations, or a combination thereof, of chemical, physical, biological, or other constituents which are discharged from point sources into the waters of the State, including, but not limited to, schedules of compliance and whole effluent biological monitoring requirements;
(h) "EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources;
(i) "Indirect discharger" means a non-domestic discharger introducing pollutants to a publicly owned treatment works;
(j) "Major discharger" as defined in EPA annual operating guidance for the EPA Regional Offices and the States and specifically listed in the annual State program plan;
(k) "New discharger" means any point source that meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.29;
(l) "New Source" means any point source that meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.29;
(m) "NPDES Permit Application" means the application filed by any person with the Director for an NPDES Permit;
(n) "NPDES Permit" means the permit issued by the Division to regulate the discharge of pollutants from any point source into the waters of the State;
(o) "Segment" means a portion of a water quality planning area, the surface waters of which have common hydrologic characteristics (or flow regulation patterns); common natural physical, chemical and biological characteristics and processes; and common reactions to external stresses, such as the discharge of pollutants. Segments will be classified as either a water quality segment or an effluent limitation segment as follows:
1. Water quality segment. Any segment where it is known that water quality does not meet applicable water quality standards and/ or is not expected to meet applicable water quality standards even after the application of the effluent limitations required by sections 301(b)(1)(B) and 301(b)(2)(A) of the Act;
2. Effluent limitation segment. Any segment where it is known that water quality is meeting and will continue to meet applicable water quality standards or where there is adequate demonstration that water quality will meet applicable water quality standards after the application of the effluent limitations required by sections 301(b)(1)(B) and 301(b)(2)(A) of the Act.
(p) "Separate storm sewer" means any point source which meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.26.
(q) "Silvicultural point source" means any point source which meets the criteria set forth in the Federal Regulations, 40 C.F.R. 122.27;
(3) Permit Requirement.
(a) Any person discharging or proposing to discharge into the waters of the State any pollutant from a point source including those defined in Paragraph 391-3-6-.06 (2) above, under any of the circumstances described in O.C.G.A. Section 12-5-30(a), shall obtain a permit from the EPD to make such discharge.
(b) Any person discharging or proposing to discharge any pollutant from a non-point source into the waters of the State, under the circumstances described in O.C.G.A. Section 12-5-30(b), shall obtain written approval from the EPD and shall be required to use best management practices to minimize to the extent feasible as determined by the EPD the introduction of the pollutant into the waters of the State. The best management practices shall be included in a permit, if the Director has issued one to the same person for a point source discharge.
(c) Any person owning or operating a treatment works, from which a discharge into the waters of the State could possibly occur, excluding discharges which could result from Acts of God, shall apply to the EPD for a permit.
(4) Degree of Waste Treatment Required.
(a) All pollutants shall receive such treatment or corrective action so as to ensure compliance with the terms and conditions of the issued permit and with the following, whenever applicable:
1. Effluent limitations established by EPA pursuant to Sections 301, 302, 303 and 316 of the Federal Act;
2. Standards of performance for new sources established by the EPA pursuant to Section 306 of the Federal Act;
3. Effluent limitations and prohibitions and pretreatment standards established by the EPA pursuant to Section 307 of the Federal Act;
4. Criteria for the issuance of permits to aquaculture projects, as defined in this Paragraph, established by EPA pursuant to Section 318 of the Federal Act;
5. Criteria and standards for Best Management Practices established by EPA pursuant to Section 304(e) of the Federal Act;
6. Criteria and standards for imposing conditions for the disposal of sewage sludge established by EPA pursuant to Section 405 of the Federal Act;
7. Ensure consistency with the requirements of a Water Quality Management plan approved by EPA pursuant to Section 208(b) of the Federal Act;
8. Criteria for ocean discharges established by EPA pursuant to Section 403(c) of the Federal Act;
9. Incorporate alternative effluent limitations or standards where warranted by "fundamentally different factors" established by EPA; in accordance with Federal Regulations, 40 C.F.R. 124.62(e);
10. Notwithstanding the above, more stringent effluent limitations may be required as deemed necessary by the EPD (a) to meet any other existing Federal laws or regulations, or (b) to ensure compliance with any applicable State water quality standards, effluent limitations, treatment standards, or schedules of compliance;
11. With regard to any non-point source required to obtain a permit, such best management practices as are required to ensure compliance with applicable State water quality standards.
(b) Calculations and specification of effluent limits and standards shall be made in accordance with the provisions of Federal Regulations, 40 C.F.R. 122.44 and 122.45.
(c) The foregoing requirements shall be applied in considering all applications made pursuant to O.C.G.A. Section 12-5-30, and no such application will be approved unless the waste treatment facilities contemplated thereby will achieve such limitations and standards upon completion thereof or within such reasonable time thereafter as the EPD may provide, consistent with subparagraph 391-3-6-.06 (10).
(d) Until such time as such criteria, standards, limitations, and prohibitions are promulgated pursuant to Sections 301, 302, 303, 304(e), 306, 307 and 405 of the Federal Act, the EPD shall apply such standards, limitations and prohibitions necessary to achieve the purposes of said sections of the Federal Act. With respect to individual point sources, such limitations, standards, or prohibitions shall be based upon an assessment of technology and processes, towit:
1. To existing point sources, other than publicly owned treatment works, effluent limitations based on application of the best practicable control technology currently available;
2. To publicly owned treatment works, effluent limitations based upon the application of secondary treatment or treatment equivalent to secondary treatment in accordance with Federal Regulations, 40 C.F.R. 133.102 and.105;
3. To any point source, other than publicly owned treatment works, whose construction commences after the initial effective date of this Paragraph, and for which there are not new source performance standards, effluent limitations which reflect the greatest degree of effluent reduction which the EPD determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants, consistent with 40 C.F.R. 125.3(c)(2).
4. To any point source, as appropriate, effluent limitations or prohibitions designed to prohibit the discharge of toxic pollutants in toxic amounts or to require pretreatment of pollutants which interfere with, pass through, or otherwise are incompatible with the operation of publicly owned treatment works; and
5. To any point source, as appropriate, more stringent effluent limitations as are required to ensure compliance with applicable State water quality standards, including those to prohibit the discharge of toxic pollutants in toxic amounts. Where necessary, NPDES Permits issued or reissued after the adoption of this paragraph shall include numeric criteria based upon the following procedures to ensure that toxic substances and other priority pollutants are not discharged to surface waters in harmful amounts:
(i) The EPD will review available data for reported concentrations of any of the following chemical constituents detected at levels based upon analytical methods described in Federal Regulations 40 C.F.R. 136, or that have EPA concurrence, which establishes guidelines on test procedures for the analysis of pollutants.

CHEMICAL CONSTITUENT

1. Methoxychlor
2. 2,4-Dichlorophenoxyacetic acid (2, 4-D)
3. 2,4,5-Trichlorophenoxy propionic acid (TP Silvex)
4. Antimony
5. Arsenic
6. Beryllium
7. Cadmium
8. Chromium (III)
9. Chromium (VI)
10. Copper
11. Lead
12. Mercury
13. Nickel
14. Selenium
15. Silver
16. Thallium
17. Zinc
18. Cyanide
19. Acrolein
20. Acrylonitrile
21. Benzene
22. Bromoform (Tribromomethane)
23. Carbon Tetrachloride
24. Chlorobenzene
25. Chlorodibromomethane
26. Chloroethane
27. 2-Chloroethylvinyl Ether
28. Chloroform (Trichloromethane)
29. Dichlorobromomethane
30. 1,1-Dichloroethane
31. 1,2-Dichloroethane
32. 1,1,Dichloroethylene
33. 1,2-Dichloropane
34. 1,3-Dichloropropylene
35. Ethylbenzene
36. Methyl Bromide (Bromomethane)
37. Methylene Chloride
38. Methyl Chloride (Chloromethane)
39. 1,1,2,2-Tetrachloroethane
40. Tetrachloroethylene
41. Toluene
42. 1,2-Trans- Dichloroethylene
43. 1,1,1-Trichloroethane
44. 1,1,2-Trichloroethane
45. Trichloroethylene
46. Vinyl Chloride
47. 2-Chlorophenol
48. 2,4-Dichlorophenol
49. 2,4-Dimethylphenol
50. 2-Methyl-4,6- Dinitrophenol
51. 2,4-Dinitrophenol
52. 2-Nitrophenol
53. 4-Nitrophenol
54. 3-Methyl-4-Chlorophenol
55. Pentachlorophenol
56. Phenol
57. 2,4,6-Trichlorophenol
58. Acenaphthene
59. Acenaphthylene
60. Anthracene
61. Benzidine
62. Benzo(a)Anthracene
63. Benzo(a)Pyrene
64. 3,4-Benzofluoranthene
65. Benzo(ghi)Perylene
66. Benzo(k)Fluoranthene
67. Bis(2-Chloroethoxy)Methane
68. Bis(2-Chloroethyl)Ether
69. Bis(2-Chloroisopropyl)Ether
70. Bis(2-Ethylhexyl) Phthalate
71. 4-Bromophenyl Phenyl Ether
72. Butylbenzyl Phthalate
73. 2-Chloronaphthalene
74. 4-Chlorophenyl Phenyl Ether
75. Chrysene
76. Dibenzo(a,h)Anthracene
77. 1,2-Dichlorobenzene
78. 1,3-Dichlorobenzene
79. 1,4-Dichlorobenzene
80. 3,3´-Dichlorobenzidine
81. Diethyl Phthalate
82. Dimethyl Phthalate
83. Di-n-Butyl Phthalate
84. 2,4-Dinitrotoluene
85. 2,6-Dinitrotoluene
86. Di-n-Octyl Phthalate
87. 1,2-Diphenylhydrazine
88. Fluoranthene
89. Fluorene
90. Hexachlorobenzene
91. Hexachlorobutadiene
92. Hexachloro- cyclopentadiene
93. Hexachloroethane
94. Indeno(1,2,3-cd) Pyrene
95. Isophorone
96. Naphthalene
97. Nitrobenzene
98. N-Nitrosodimethylamine
99. N-Nitrosodi-n- Propylamine
100. N-Nitrosodiphenylamine
101. Phenanthrene
102. Pyrene
103. 1,2,4-Trichlorobenzene
104. Aldrin
105. a-BHC-Alpha
106. b-BHC-Beta
107. Lindane [Hexachlorocyclohexane (g-BHC-Gamma)]
108. d-BHC-Delta
109. Chlordane
110. 4,4´-DDT
111. 4,4´-DDE
112. 4,4´-DDD
113. Dieldrin
114. a-Endosulfan
115. b-Endosulfan
116. Endosulfan Sulfate
117. Endrin
118. Endrin Aldehyde
119. Heptachlor
120. Heptachlor Epoxide
121. PCBs
122. Toxaphene
(ii) For the chemical constituents identified after completion of (i) above, and/or if other site specific information available to the EPD indicates the presence of one or more of the above chemical constituents at levels of concern to EPD, the EPD will control the chemical constituent with a monitoring provision or with effluent limitations in the NPDES permit.
(a) If there are less than 10 data points available at the time of evaluation, and if the instream concentration, which is measured or calculated by dividing the effluent concentration by appropriate dilution factor from 391-3-6-.06 (2)(f), is greater than or equal to fifty percent of the criteria concentration(s), then the permitee will be required to monitor that constituent for at least ten months. If there is more than one data point at the time of evaluation, then the data will be averaged together in calculating the instream concentration as described above. An exception to this is if the stream concentration is to be compared against an acute criterion. If this is the case, then instead of using the average of the data, the highest data point in the set will be used to calculate the instream concentration. This number will then be compared against 50% of the acute criterion.
(b) The EPD will review the monitoring results after the permittee has monitored the chemical constituents for at least ten months.
(1) In the case of chemical constituents with acute criteria, if the instream concentration (calculated using the highest concentration of at least ten monthly samples and the formula(s) in 391-3-6 -.06 (2)(f) is greater than the acute criterion then an effluent limit(s) for that constituent will be required at permit issuance. If the instream concentration is less than or equal to the acute criterion, then the EPD may terminate or lessen the monitoring requirement for that constituent. In the case of all other chemical constituents with numeric criteria, if the average of at least ten monthly samples indicates that a chemical constituent's instream concentration is less than fifty percent of the instream criteria, based on the formula(s) in 391-3-6-.06 (2)(f), then the EPD may terminate or lessen the monitoring requirement for that constituent. If the average is fifty percent or more of the instream criteria, an effluent limit(s) for that constituent will be required at permit issuance.
(2) If it is determined that an effluent limit(s) is required as described above, then the permit shall be reissued or modified to include an effluent limit(s) for the chemical constituent calculated as follows:

Effluent limit = criteria concentration X dilution factor X translation factor (if necessary).

The translation factor will be used to convert dissolved criteria concentrations into total recoverable permit limits using methods discussed in 391-3-6-.03 (5)(e)(ii). Where a constituent has both an acute and chronic aquatic life criteria, the acute criteria will be used to calculate a daily maximum effluent limitation while the chronic criteria will be used to calculate a monthly average effluent limitation.

(c) If the permit is issued or modified as in (ii)(b)(2) above for a chemical constituent listed in 391-3-6-.03 (5)(e), the limit shall become effective upon issuance or modification of the permit.
(d) At the request of the permittee, a schedule to allow for development of a site-specific effluent limit may be established by the EPD. This schedule would be contained in the permit or in an accompanying Consent Order and include the following:
(1) A requirement for monthly monitoring for all chemical constituents that are limited.
(2) A requirement that the permittee perform site-specific studies, consisting of whole effluent biomonitoring, water-effect ratio tests, stream studies, or other appropriate studies or calculations. The methodology for these tests will be determined by the EPD on a case-by-case basis. Water-effect ratio studies are to be conducted using the EPA guidance document "Interim Guidance on Determination and Use of Water-Effect Ratios for Metals, EPA-823-B-94-001" or "Stream Lined Water-Effect Ratio Procedure for Discharges of Copper, EPA-822-R-01-005" or the most recent EPA guidance document.
(3) A requirement that all data obtained in (2) and (3) be submitted to the EPD for review.
(4) No more than two years following initiation of monitoring under (ii)(a), the EPD will use the data to calculate site-specific limitations for each chemical constituent, and will initiate the process to incorporate the limitation(s) into the permit along with requirements for a minimum of annual whole effluent biomonitoring. At any time during the two year period the EPD may, upon its initiative or that of the permittee, review the data that have been submitted and may determine that limits and monitoring requirements for one or more chemical constituents may be terminated. All modifications of limits and monitoring requirements will comply with anti-backsliding requirements contained in Section 402(o) of the Clean Water Act. Conversely, should the EPD determine that adequate data are available before the two year interim monitoring period, it may develop site-specific limitations for the constituent(s) without additional monitoring.
(e) Any permit modifications or revocation/reissuances pursuant to (ii)(b)(2) or (ii)(d) will be performed in accordance with procedures described in 391-3-6-.06 (7), including public participation requirements.
(f) For any metals monitored during any portion of the limits determination process, measurement will be by the most appropriate analytical technique approved by the U.S. EPA which provides a measurement of the portion of the metal present which may cause toxicity to aquatic life in the receiving stream.
(iii) For other 307(a) chemical constituents, including priority pollutants not identified in 391-3-6-.03 (5)(e)(i) -(vi) whole effluent biomonitoring will be used to develop either a site-specific criteria concentration or a whole effluent toxicity limit, with such limits to be incorporated into permits. This paragraph applies to the following chemical constituents:
(a) Chloroethane
(b) 1,1-Dichloroethane
(c) 1,1,1-Trichloroethane
(d) 2-Nitrophenol
(e) 4-Nitrophenol
(f) Bis(2-Chloroethoxy) Methane
(g) 4-Bromophenyl Phenyl Ether
(h) 4-Chlorophenyl Phenyl Ether
(i) 2,6-Dinitrotoluene
(j) Di-n-Octyl Phthalate
(k) Naphthalene
(l) d-BHC-Delta
(m) Silver
(n) Beryllium
(o) 2-Chloro ethyl vinyl ether
(p) Methyl chloride (chloromethane)
(q) 3-Methyl-4-Chlorophenol
(r) Acenaphthylene
(s) Benzo (ghi) perylene
(t) Phenanthrene
(iv) The criteria concentration may be more stringent under either one of the following situations:
(a) If the chemical constituent exists in the upstream reaches of the receiving stream at any level greater than zero due to the presence of other direct dischargers. For this situation, the criteria concentration for computation of the effluent limit will be the net value after subtracting out this initial concentration. Unless actual water quality studies and monitoring or calculations indicate otherwise, it will be assumed that the upstream levels of each constituent are zero; or
(b) If the EPD determines that more stringent limitations should be imposed in order to reserve some assimilative capacity for future discharges.
(v) The effluent limit determined in (ii)(b)(2) above may be adjusted as follows, to determine the actual effluent limit to be used in the permit:
(a) If the limit is more stringent than the analytical laboratory detection limit using analytical methods described in Federal Regulations 40 C.F.R. 136 or methods that have EPA concurrence, then the limit will include an accompanying statement in the permit that a reading of not detected using the analytical methods specified in the permit will be considered as being in compliance with the limit;
(b) If water quality studies and monitoring indicate that the chemical constituent is present in the water supply or in the upstream reaches of the receiving stream at a concentration equal to or exceeding the daily limit for the specific chemical constituent, and the presence of such cannot be attributed to direct point source dischargers, or nonpoint sources that can be reasonably controlled with best management practices, the limit will be set equal to the natural ambient concentration of the chemical constituent;
(c) For industrial point source dischargers, if the specific chemical constituent is regulated by a technology-based effluent guideline limit, the guideline limit will be compared to the calculated limit. The limit will be the more stringent of the two values;
(d) For complex effluents, where several chemical constituents exist, the EPD will assign a limit for each specific chemical constituent and may require a whole effluent biomonitoring limit where there is a reasonable potential that the narrative criteria for whole effluent toxicity will be exceeded. Such whole effluent biomonitoring limitation will consist of a series of bioassays of the wastewater treatment plant effluent, and, if appropriate, toxicity source identification evaluations, and implementation steps to reduce the chronic toxicity. This approach shall not be applied to those chemical constituents considered potential or known carcinogens or to the chemical constituents identified in 391-3-6-.03 (5)(d)(iii).
(vi) NPDES permits issued or reissued after the adoption of this paragraph shall include biological monitoring provisions and, where determined by the State to be necessary, a water quality-based whole effluent provision utilizing numerical pass/fail criteria to manage the effluent for the additive effects of all Section 307(a)(1) Federal Clean Water Act toxic pollutants and other unknown toxic substances or priority pollutants. The water quality-based whole effluent approach will help to ensure that the wastewater treatment plant effluent does not contain unknown sources of acute and chronic toxicity that may interfere with the designated water quality use classifications of the receiving stream. The whole effluent acute biological toxicity monitoring provision ensures protection from acute toxicity within any designated mixing zone and helps to define alternate criteria to allow for the safe passage of aquatic organisms through streams with 7-day, 10-year minimum flows approaching zero. The numerical pass/fail criteria is also a screening technique for use by the EPD to determine priority toxicity reduction needs.
(vii) Permits issued or reissued after the adoption of this paragraph may include site specific temporary exceptions to the applicable water quality standards under Chapter 391-3-6-.03 (5)(e) when the requirements of this paragraph are met and the temporary exception is specifically authorized herein. Where a discharger cannot meet applicable limits for whole effluent toxicity because of a water quality based whole effluent toxicity criteria, site-specific temporary exceptions may be allowed on effluent dominated receiving streams under 7-day, 10-year minimum stream flow (7Q10) conditions provided that it has been demonstrated that the permitted discharge will comply with all chemical specific and other applicable water quality criteria, that the receiving stream will support a balanced indigenous population of aquatic life, and that controls more stringent than those required by Section 301(b) and 306 of the Federal Act for achieving whole effluent toxicity criteria would result in substantial and widespread adverse economic and social impacts to the affected communities. These site-specific exceptions shall be applicable only to the wastewater discharge as permitted at the time the exception is authorized with no changes in process or wastewater characteristics that would adversely affect water quality in the receiving stream or adversely affect the ability of potential new pollution abatement technologies to attain compliance with the whole effluent toxicity criteria. These site-specific exceptions shall be reviewed consistent with 40 CFR 131.20 at least once in every 3- year period. If it is determined that feasible new pollution abatement technologies or alternatives have become available to allow compliance with whole effluent toxicity criteria, these site-specific exceptions may be revoked and the NPDES permits modified to require implementation of such pollution abatement technologies or alternatives as soon as reasonably practicable. Along with this permit modification will be a requirement for the permittee to comply with the water quality based whole effluent toxicity criteria after installation of these technologies.
(e) To all new dischargers or new sources the following shall apply:
1. Except as provided in subparagraph (e)2. any new discharger on which construction commenced after October 18, 1972, or any new source, which meets the applicable promulgated new source performance standards before the commencement of discharge, shall not be subject to any more stringent new source performance standards, or to any more stringent technology-based standards under section 301(b)(2) of the Federal Act for the shortest of the following periods:
(i) Ten years from the date that construction is completed;
(ii) Ten years from the date the source begins to discharge process or other nonconstruction related wastewater; or
(iii) The period of depreciation or amortization of the facility for the purposes of Section 167 or 169 (or both) of the Internal Revenue Code of 1986.

Comment: The provisions of this subparagraph do not apply to existing sources which modify their pollution control facilities or construct new pollution control facilities and achieve performance standards, but which are neither new sources nor new dischargers or otherwise do not meet the requirements of this subparagraph.

2. The protection of more stringent standards of performance afforded by subparagraph (e)1. of this section does not apply to:
(i) Additional or more stringent permit conditions which are not technology based, e.g., conditions based on water quality standards, or effluent standards or prohibitions under Section 307(a) of the Federal Act; and
(ii) Additional permit conditions controlling pollutants listed as toxic under Section 307(a) of the Federal Act or as hazardous substances under Section 311 of the Federal Act and which are not controlled by new source performance standards. This includes permit conditions controlling pollutants other than those identified as toxic or hazardous where control of those other pollutants has been specifically identified as the method to control the toxic or hazardous pollutant.
3. Where an NPDES permit issued to a source enjoying a "protection period" under subparagraph (e)1. will expire on or before the expiration of the protection period, such permit shall require the owner or operator of the source to be in compliance with the requirements of Section 301 of the Federal Act and any other applicable requirements of the Federal Act immediately upon the expiration of the protection period. No additional period for achieving compliance with these requirements shall be allowed.
4. The owner or operator of a new source, a new discharger, a source recommencing discharge after terminating operations, or a source which has been an indirect discharger which commences discharging into navigable waters shall install and have in operating condition, and shall "startup" all pollution control equipment required to meet the terms and conditions of its permits before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), the owner or operator must meet all permit terms and conditions.
5. After the effective date of new source performance standards, in accordance with Section 306(e) of the Federal Act, it shall be un- lawful for any owner or operator of any new source to operate such source in violation of those standards, applicable to such source.
(5) Application for Permit.
(a) Applications for permits under Section 10 of the Act shall be on forms as may be prescribed and furnished from time to time by the EPD. Applications shall be accompanied by all pertinent information as the EPD may require in order to establish effluent limitations in accordance with subparagraph 391-3-6-.06 (4), including, but not limited to, complete engineering reports, schedule of progress, plans, specifications, maps, measurements, quantitative and qualitative determinations, records, and all related materials. In addition, applications will comply with the information requirements specified in the Federal Regulations, 40 C.F.R. 122.21(g)(7) and (j)(4).
(b) Engineering reports, plans, specifications, and other material submitted to the EPD shall be prepared by or under the direct supervision or review of, and bear the seal of, a Professional Engineer competent in the field of sewage and industrial waste treatment. At no time shall this requirement be in conflict with O.C.G.A. Section 43-15 governing the practices of professional engineering and surveying.
(c) Material submitted shall be complete and accurate.
(d) Any State or NPDES Permit Application form submitted to the EPD shall be signed as follows in accordance with the Federal Regulations, 40 C.F.R. 122.22:
1. For a corporation, by a responsible corporate officer. For this subparagraph a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision making functions for the corporation, or
(ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
3. For a municipality, State, Federal, or other public facility, by either a principal executive officer or ranking elected official.
(e) All other reports or requests for information required by the permit issuing authority shall be signed by a person designated in (d) above or a duly authorized representative of such person, if:
1. The representative so authorized is responsible for the overall operation of the facility from which the discharge originates, e.g., a plant manager, superintendent or person of equivalent responsibility;
2. The authorization is made in writing by the person designated under (d) above; and
3. The written authorization is submitted to the Director.
(f) Any changes in written authorization submitted to the permitting authority under (e) above which occur after the issuance of a permit shall be reported to the permitting authority by submitting a copy of a new written authorization which meets the requirements of (e)1. and 2. above.
(g) Any person signing any document under (d) or (e) above shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(h) All municipal discharges with permitted flows equal to or greater than one million gallons per day, or with an approved pretreatment program, or that are required to develop a pretreatment program, must submit with the application results of valid whole effluent toxicity testing.
1. This testing must be conducted using EPA's methods or other established protocols which are scientifically defensible and sufficiently sensitive to detect aquatic toxicity. Such testing must have been conducted since the last NPDES permit reissuance or major modification.
2. In addition to the dischargers listed above, the Director may require other municipal dischargers to submit the results of toxicity tests with their permit applications, based on considerations which the Director determines could cause or contribute to adverse water quality impacts.

Comment: The permit application will be revised to incorporate the statement in 391-3-6-.06 (5)(g) above. Where a permit program document does not contain the statement, the certification must accompany the appropriate document.

(6) Receipt and Use of Application and Data.
(a) Applications for permits will be reviewed together with such other information as may be necessary to ascertain the effect of the discharge of any such pollutant upon the waters into which such pollutant will be discharged.
(b) Copies of the complete NPDES Permit Application received by the EPD shall be transmitted to the Regional Administrator for any comment in such manner as the Director and the Regional Administrator shall agree.
(c) The EPD shall receive any relevant data collected by the Regional Administrator prior to the EPD's participation in the NPDES in such manner as the Director and the Regional Administrator shall agree.
(7) Notice and Public Participation.
(a) Tentative Determination and Draft Permits:
1. When the EPD is satisfied that the application is complete, a tentative determination will be made to issue or deny the permit. If the tentative determination is to issue the permit, a draft permit will be prepared in accordance with Federal Regulations, 40 C.F.R. 124.6, and applicable State laws prior to the issuance of a public notice.
(b) Public Notice:
1. Public notice of every complete permit application will be prepared and circulated in a manner designated to inform interested and potentially interested persons of the proposed discharge and of the proposed determination to issue or deny a permit for the proposed discharge. Procedures for circulation of the public notice shall include the following:
(i) Within the geographical area of the proposed discharge the public notice shall be circulated by at least one of the following: posting in the post office or other public buildings near the premises of the applicant in which the discharge is located; posting at the entrance of the applicant's premises or nearby; or publication in one (1) or more newspapers of general circulation in the area affected by the discharge;
(ii) A copy of the public notice shall be mailed to the permit applicant and a copy shall be available at the EPD office in Atlanta;
(iii) Mailing of the public notice to any person or group upon written request including persons solicited from area lists from past permit proceedings. The EPD shall maintain a mailing list for distribution of public notices and fact sheet. Any person or group may request that their names be added to the mailing list. The request should be in writing to the EPD office in Atlanta and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list;
(iv) The EPD shall provide a period of not less than thirty (30) days following the date of the public notice in which interested persons may submit their written views on the tentative determination with respect to the NPDES Permit Application. All written comment submitted during the thirty (30) day comment period will be retained by the EPD and considered in the final determination with respect to the permit application and shall be responded to in accordance with Federal Regulations, 40 C.F.R. 124.17. The comment period may be extended at the discretion of the Director;
(v) The contents of the public notice will be in accordance with Federal Regulations, 40 C.F.B. 124.10(d);
(vi) The EPD will prepare and distribute a fact sheet in accordance with Federal Regulations, 40 C.F.R. 124.8 and 124.56 and applicable State laws. A copy of the fact sheet will be available for public inspection at the EPD office in Atlanta. Any person may request in writing a copy of the fact sheet and it will be provided. The EPD shall add the name of any person or group upon request to the mailing list to receive copies of fact sheet;
(vii) The EPD will prepare and distribute a statement of basis in accordance with Federal Regulations, 40 C.F.R. 124.7;
(viii) The Director will mail a copy of the public notice to the U.S. Army Corps of Engineers, Federal and State agencies with jurisdiction over fish, shellfish and wildlife resources and to other appropriate governmental authorities and will provide such agencies an opportunity to submit their written views and recommendations in accordance with Federal Regulations, 40 C.F.R. 124.10 and applicable State laws. The comments of the District Engineer of the Corps of Engineers, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, or any State or Federal Agency with jurisdiction over fish, wildlife, or public health shall be considered in accordance with Federal Regulations. 40 C.F.R. 122.59;
(ix) Copies of the proposed permits shall be transmitted to the Regional Administrator for review and comments in such manner as the Director and Regional Administrator shall agree;
(x) The EPD shall transmit to the Regional Administrator a copy of every issued NPDES Permit, immediately following issuance, along with any and all terms, conditions, requirements or documents which are part of such permit or which affect the authorization by the permit of the discharge of pollutants.
(c) Public Hearings:
1. The Director shall provide an opportunity for an applicant, any affected state or interstate agency, the Regional Administrator or any other interested agency, person or group of persons to request a public hearing with respect to an NPDES Permit Application. Any such request for a public hearing shall be filed within the 30-day comment period prescribed in subparagraph 391-3-6.-06(7)(b)(v) and shall indicate the interest of the party filing such a request, the reasons why a hearing is requested, and those specific portions of the application or other NPDES form or information to be considered at the public interest in holding such a hearing;
2. Any public hearing held pursuant to this subparagraph shall be held in the geographical area of the proposed discharge or other appropriate location at the discretion of the Director;
3. The Director may hold one public hearing on related groups of permit applications;
4. Public notice of any hearing held pursuant to this subparagraph shall be provided at least thirty (30) days in advance of the hearing date and shall be circulated in accordance with Federal Regulations, 40 C.F.R. 124.10(c) where applicable to State-issued permits.
(d) Public Access to Information:
1. A copy of the NPDES Permit Application, public notice, fact sheet, statement of basis, and draft permit and other NPDES forms related thereto, including written public comments and comments of all governmental agencies thereon and other reports, files and information not involving methods or processes entitled to protection as trade secrets, shall be available for public inspection and copying during normal business hours at the EPD office in Atlanta. Effluent data shall not be considered as information entitled to protection. Public access to such information shall be in accordance with Federal Regulations, 40 C.F.R. 122.7;
2. Any information submitted with reports, records or plans that is considered confidential by the permittee (applicant), and that is not specifically excluded in item (d)1. above, should be clearly labeled "Confidential" and be supported by a statement as to the reason that such information should be considered confidential. If the Director, with the concurrence of the Regional Administrator, determines that such information is entitled to confidential protection, he shall label and handle same accordingly;
3. Any information accorded confidential status whether or not contained in an NPDES form shall be made available, upon written request, to the Regional Administrator or his authorized representative who shall maintain the information as confidential.
(8) Terms and Conditions of Permits.
(a) Terms and conditions under which the discharge will be permitted will be specified on the permit issued.
(b) No NPDES Permit shall be issued authorizing any of the following discharges:
1. The discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste into navigable waters;
2. Any discharge which in the judgment of the Secretary of the Army would substantially impair anchorage and navigation in or on any of the waters of the United States;
3. Any discharge to which the Regional Administrator has objected in writing in accordance with Federal regulations, 40 C.F.R. 123.44, pursuant to any right to object provided the Administrator of EPA under Section 401(d) of the Federal al Act;
4. Any discharge from a point source which is in conflict with a plan or amendment thereto approved pursuant to Section 208(b) of the Federal Act;
5. Any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the following circumstances:
(i) Prior to the promulgation of the guidelines under section 403(c) of the Act, unless the Director determines permit issuance to be in the public interest; or
(ii) After promulgation of guidelines under section 403(c) of the Act, where insufficient information exists to make a reasonable judgment as to whether the discharge complies with any such guidelines.
6. To a facility which is a new source or a new discharger, if the discharge from the construction or operation of the facility will cause or contribute to the violation of water quality standards, except as in accordance with Federal Regulations, 40 C.F.R. 122.4(i).
(c) The terms and conditions specified on the permit issued shall be in accordance with Federal Regulations, 40 C.F.R. 122.41, 122.42 and 122.44 and applicable State laws and regulations promulgated thereunder.
(d) The issuance of a permit does not:
1. Convey any property rights of any sort, or any exclusive privileges;
2. Authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations.
(9) Publicly Owned Treatment Works.
(a) If the permit is for a discharge from a publicly owned treatment works, notice shall be required from the applicant to the Director of the following:
1. Any new introduction of pollutants into such treatment works from an indirect discharger which would be subject to Section 306 of the Federal Act if it were directly discharging those pollutants;
2. Any new introduction of pollutants into such a treatment works from an indirect discharger subject to Section 301 of the Federal Act if it were directly discharging those pollutants;
3. Any substantial change in volume or character of pollutants being introduced into such treatment works by a source introducing pollutants into such works at the time of issuance of the permit;
(b) If the permit is for a discharge from a publicly owned treatment works, the permittee shall require any indirect discharger to such treatment works to comply with the requirements of Sections 204(b), 307, and 308 of the Federal Act, including any requirement established under 40 C.F.R. 403. As a means of ensuring compliance with Section 307 of the Federal Act, the permittee shall require each indirect discharger subject to the requirements of said Section 307 to forward to the Director periodic notice of progress (over intervals not to exceed 9 months) toward full compliance with Section 307 requirements.
(c) If the permit is for a discharge from a publicly owned treatment works, the permittee shall identify, in terms of character and volume of pollutant, any significant indirect dischargers into such treatment works subject to pretreatment standards under Section 307(b) of the Federal Act and 40 C.F.R. 403.
(10) Schedules of Compliance.
(a) Any person who obtains an NPDES Permit or other discharge permit pursuant to the Act but who is not in compliance with applicable effluent standards and limitations or other requirements contained in such permit at the time same is issued, shall be required to achieve compliance with such standards and limitations or other requirements in accordance with a schedule of compliance as set forth in such permit, or Order by the Director, or in the absence of a schedule of compliance, by the date set forth in such permit which the Director has determined to be in the shortest reasonable period of time necessary to achieve such compliance, but in no case later than an applicable statutory deadline.
(b) In any case where the period of time for compliance specified in subparagraph 391-3-6-.06 (10)(a) of these Rules exceeds 9 months, a schedule of compliance shall be specified which will set forth interim requirements and the dates for their achievement. In no event shall more than 9 months elapse between interim dates, and, to the extent practicable, the interim dates shall fall on the last day of the months of March, June, September, and December.
(c) Within fourteen (14) days after an interim date of compliance of the final date of compliance, the permittee shall provide the Director with written notice of its compliance or non-compliance with the requirements or conditions specified to be completed by such date. Failure to submit the written notice is just cause for the EPD to pursue enforcement action pursuant to the Act.
(d) On the last working day of February, May, August, and November the Director shall submit to EPA information concerning noncompliance with NPDES Permit requirements by major dischargers in the State.
(e) Any discharger who fails or refuses to comply with an interim or final date of compliance specified in a permit may be deemed by the Director to be in violation of the permit and may be subject to enforcement action pursuant to the Act.
(11) Monitoring, Recording and Reporting Requirements.

Any discharge authorized by a permit issued pursuant to the Act may be subject to such monitoring, recording and reporting requirements as may be reasonably required by the Director including the installation, use and maintenance of monitoring equipment or methods; specific requirements for recording of monitoring activities and results; and periodic reporting of monitoring results. The monitoring, recording and reporting requirements shall be specified in a permit when issued, provided, however, the Director may require additional monitoring, recording and reporting by written notification to the permittee.

(a) The monitoring requirements of any discharge authorized by any such permit shall be consistent with Federal Regulations, 40 C.F.R. 122.41, 122.42, and 122.44 and applicable State laws.
(b) Any permit which requires monitoring of the authorized discharge shall comply with the recording requirement specified by Federal Regulations, 40 C.F.R. 122.41 and applicable State laws. The permittee shall be required to retain any records of monitoring activities and results for a minimum of three (3) years, unless otherwise required or extended by the Director upon written notification.
(c) Any holder of a permit which requires monitoring of the authorized discharge shall report periodically to the EPD the results of all required monitoring activities on appropriate forms supplied by the EPD. The Director shall notify the permittee of the frequency of reporting but in no case shall the reporting frequency be less than once per year.
(12) Modification, Revocation and Reissuance, and Termination of Permits.
(a) The Director may revise or modify the schedule of compliance set forth in an issued permit if the permittee requests such modification or revision in writing and such modification or revision will not cause an interim date in the compliance schedule to be extended more than one hundred twenty (120) days or affect the final date in the compliance schedule. The Director may grant requests in accordance with this subparagraph if he determines after documented showing by the permittee that good and valid cause (including Acts of God, strikes, floods, material shortages or other events over which the permittee has little or no control) exists for such revision.
(b) The Director in accordance with the provisions of Federal Regulations, 40 C.F.R.122.61, 122.62, 122, 63, 122.64, and 124.5, may modify, revoke and reissue, or terminate an issued permit in whole or in part during its term for cause, including, but not limited to, the causes listed in Federal Regulations, 40 C.F.R. 122.62 and 122.64, or the cause listed in the Act or regulations promulgated pursuant thereto. Prior to any such modification, revocation and reissuance, or termination of an issued permit by the Director (other than modification or revision of a compliance schedule pursuant to subparagraph (a) above, or modification in accordance with the provisions of 40 C.F.R. 122.63 ), the Director will give public notice in accordance with the procedures set forth in subparagraph 391-3-6-.06 (7)(b) and an opportunity for public hearing in accordance with the procedures set forth in subparagraph 391-3-6-.06 (7)(c).
(c) In the case of a POTW which has received a grant under Section 202(a)(3) of the Federal Act to fund 100% of the costs to modify or replace facilities construction with a grant for innovative and alternative wastewater technology under Section 202(a)(2), the schedule of compliance may be modified to reflect the amount of time lost during construction of the innovative or alternative facility. In no case shall the compliance schedule be modified or extend beyond an applicable statutory deadline for compliance.
(d) New sources, new dischargers, sources which recommence discharging after terminating operations and those sources which had been indirect dischargers which commence discharging directly into navigable waters do not qualify for compliance schedules under this paragraph and are subject of Federal Regulations, 40 C.F.R. 122.29(d)(4).
(13) Non-governmentally Owned Sewerage Systems. In cases involving nongovernmentally owned sewerage systems, a trust indenture or other legal contract or agreement, approved by the EPD, assuring continuity of operation of the system, may be required to be filed with the application for a permit. This provision shall not be applicable to systems discharging only industrial waste.
(14) Control of Disposal of Pollutants into Wells. If the permit proposes to discharge to a well or subsurface water, the Director shall specify additional terms and conditions which shall (a) prohibit the proposed disposal, or (b) control the proposed disposal in order to prevent pollution of ground and surface water resources and to protect the public health and welfare. Any permit issued for the disposal of pollutants into wells shall comply with Federal Regulations, and applicable State laws.
(15) Duration, Continuation and Transferability of Permits.
(a) Any permit issued under Section 10(3) and (4) of the Act shall have a fixed term not to exceed five (5) years. Upon expiration of such permit, a new permit may be issued by the Director in accordance with Section 10(6) of the Act and Federal Regulations 40 C.R.R. 122.9 and 122.64 provided that an application for such new permit is filed with the Director at least 180 days prior to the expiration date of the existing permit. The issuance of such new permit shall likewise have a fixed term not to exceed five (5) years.
(b) A permit may be transferred to another person by a permittee in accordance with 40 C.F.R. 122.61 if:
1. The permittee notifies the Director of the proposed transfer:
2. A written agreement containing a specific date for transfer of permit responsibility and coverage between the current and new permittees (including acknowledgement that the existing permittee is liable for violations up to that date, and that the new permittee is liable for violations from that date on) is submitted to the Director; and
3. The Director within thirty (30) days does not notify the current permittee and the new permittee of the EPD's intent to modify, revoke and re issue, or terminate the permit and to require that a new application be filed rather than agreeing to the transfer of the permit.

Comment: A new application will be required where the change of ownership is accompanied by a change or proposed change in process or wastewater characteristics or a change or potential change in any circumstances that the Director believes will affect the conditions or restrictions in the permit.

(c) When the permittee has submitted a timely and sufficient application for a new NPDES permit and the Director is unable, through no fault of the permittee, to issue the new permit before the expiration date of the existing permit, then the Director shall extend the existing permit until a new permit is issued.
(d) For those industrial categories for which EPA will establish effluent limitations based on best available technology, permits will be issued to ensure compliance with the effluent limit by the statutory deadline. This will be accomplished by utilizing short-term permits and/or reopener clauses that will allow the permit to be modified, revoked, reissued to comply with limitations promulgated pursuant to the Act and subsequent regulations.
(e) Notwithstanding subparagraph (a) above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in a discharge and such standard prohibition is more stringent than any limitation for such pollutant in a permit, the permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified.
(16) Enforcement. Any person who violates any provision of the Act, any rule promulgated and adopted pursuant thereto, or any term, condition, schedule or compliance or other requirements contained in a permit issued pursuant to the Act shall be subject to enforcement proceedings pursuant to the Act.
(17) Outfall Identification. In order to provide the public with information as to the location of permitted outfalls in State waters and to provide the public with a way to contact appropriate persons regarding questions and concerns about these outfalls, the following persons or entitles are required to identify their permitted outfall(s) to the waters of the State:
1) any person or entity that has been issued an NPDES permit by the Division for a point source discharge of treated process wastewater or treated domestic sewage to waters of the State
2) any person or entity that has an NPDES permit for the discharge of cooling water and that discharges one million gallons or more of cooling water per day. The outfalls are to be identified by attaching a sign to the outfall or by posting a sign adjacent to the outfall in such a way that the sign shall be visible from the receiving water. Should the outfall be submerged, then the sign shall be posted on the bank as close to the outfall as possible. The sign shall be made of materials that are durable to typical weather conditions. At a minimum, the sign shall be 15 inches square. For facilities that discharge sanitary wastewater, the sign shall include the following information:
1) the words "Treated Wastewater"
2) the facility name including the name of the government body if owned by a local government
3) the words "Permit #" followed by the last five digits of the facility's NPDES Permit number
4) the words "Outfall Number" followed by the actual outfall number
5) the words "Owner Phone" followed by the facility's phone number
6) EPD's name and phone number. For facilities that discharge treated process wastewater or cooling water, the sign shall include the following information:
1) the words "Treated Industrial Water" or "Cooling Water"
2) the words "Permit #" followed by the last five digits of the facility's NPDES Permit Number
3) the words "Outfall Number" followed by the actual outfall number
4) EPD's name and phone number. In the case of permittees who have been issued a general permit instead of an individual permit, EPD will provide the permittee with a unique 5 digit number to use as a permit number on the sign. The sign is to be posted no later than 12 months after the effective date of this rule and it is to be properly maintained from that point forward. Provided that a good faith effort is made and documented by the person or entity to maintain such sign, the person or entity shall be deemed in compliance with this Rule and the Georgia Water Quality Control Act. The requirement to identify an outfall will not apply if any of the following conditions apply:
1) If the posting of the sign would be inconsistent with any other State or Federal Statute
2) If the outfall to the receiving water is located on private property which is restricted to the public through fencing, patrolling, or posting. If the property access restriction is accomplished by the posting of signs, then in order to qualify under exemption number 2 above the posted signs restricting access must be no more than 100 feet apart along the periphery of the property.
(18) Effective date. This Rule shall become effective twenty days after filing with the Secretary of State's office.

Rule 391-3-6-.07 Surface Water Withdrawals. Amended

(1) Purpose. This chapter establishes procedures to be followed in obtaining a permit to withdraw, divert or impound surface waters of the State. It sets forth the types of information to be supplied on a permit application. It also outlines the procedures for granting, denying, revoking and modifying such permits.
(2) Definitions. Whenever a term appears in this Chapter which has been defined in the Georgia Water Quality control Act (O.C.G.A. § 12-5-31, et seq.) such definition shall apply. Whenever a term appears in this Chapter that is defined below, such definition shall apply, so long as such definitions is not inconsistent with any definition in the

Georgia Water Control Act.

(a) "Withdrawal" shall mean the taking away of surface water from its natural course.
(b) "Diversion" shall mean a turning aside or altering of the natural course of surface water.
(c) "Impoundment" shall mean the storing or retaining of surface water by whatever method or means.
(d) "Watershed" means that area of landing draining into any given point of a basin.
(e) "Surface water(s) of the State" or "surface water(s)" shall mean any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.
(f) "Director" shall mean the Director of the Environmental Protection Division of the Department of Natural Resources, State of Georgia, or his designee.
(g) "Farm uses" shall mean irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provisions of water supply for farm animals, poultry farming, or any other activity conducted in the source of farming operation. Farm uses shall also include the processing or perishable agricultural products and theirrigation of recreational turf, except in the Chattahoochee River watershed upstream from the Peach tree Creek confluence, where irrigation of recreational turf shall not be considered a farmuse.
(h) "Domestic and personal uses" shall mean uses for drinking, cooking, washing, sanitary purposes, and all health related activities.
(i) "Instream flow" shall mean that minimum continuous flow reserved to the Surface Waters of the State at or immediately downstream of the point of withdrawal, diversion, or impoundment.
(j) "7Q10 Flow" shall mean that lowest average stream flow expected to occur for seven consecutive days with an average frequency of once in ten years.
(k) "Non-Depletable Flow" shall mean that instream flow consisting of the 7Q10 flow plus an additional flow needed to ensure the availability of water to downstream users. Non-depletable flow is normally calculated by adding the 7Q10 flow to the pro rata share of the down stream withdrawal, using the drainage area ratio method.
(l) "Basin" shall mean that the area within one of the fourteen river drainages listed below comprising the sum of the watershed within that basin.
1. Altamaha
2. Chattahoochee
3. Coosa
4. Flint
5. Ochlockonee
6. Ocmulgee
7. Oconee
8. Ogeechee
9. St. Marys
10. Satilla
11. Savannah
12. Suwannee
13. Tallapoosa
14. Tennessee
(m) "Interbasin Transfer" shall mean a withdrawal or diversion of water from one river basin, followed by use and/or return of some or all of that water to a second river basin. The river basinfrom which the withdrawal or diversion occurs is termed the 'donor' basin, and the river basin to which all or a portion of the water is diverted and returned is termed the 'receiving' basin.
(n) "Unaccounted for Water" (UAW) means the difference between the total amount of water pumped into the water system from the source(s) and the amount of metered water use by the customers of the water system expressed as a percentage of the total water pumped into the system. UAW generally includes system leakage and unmetered uses such as fire fighting, flushing, broken water mains, etc.
(o) "Made inflow to a reservoir" shall mean water that flows into a reservoir (1) after having been released from a storage project upstream of the reservoir as part of a plan approved by the Director; or (2) after having been discharged from a wastewater reclamation plant as part of aplan approved by the Director to increase flows into the reservoir.
(3) Permit Required.
(a) Any person who, on a monthly average, withdrawals more than 100,000 gallons of surface water per day; diverts surface water so as to reduce the flow by more than 100,000 gallons perday at the point where the watercourse, prior to diversion, leaves the property on which the diversion occurs; or constructs an impoundment which reduces the flow of surface water by more than 100,000 gallons per day downstream of the impoundment, must obtain a permit from the Director prior to any withdrawal, diversion or impoundment subject to the following exceptions:
1. Exceptions - No permit shall be required for the following:
(i) Any diversion accomplished as part of construction for transportation purposes which does not reduce the flow of surface waters in the diverted watercourse by more than 150,000 gallons per day on a monthly average.
(ii) Any reduction of flow of surface waters during the period of construction of an impoundment, including the initial filling of the impoundment;
(iii) Any farm pond or farm impoundment constructed and managed for the sole purpose offish, wildlife, recreation or other farm uses.
(b) In evaluating a permit application for a new interbas in transfer, the Director should consider the factors specified in DNR Rule 391-3-6-.07(14) as well as the following:
1. Donor Basin Considerations.
(i) The quantity of the proposed withdrawal and the stream flow of the donor basin, with special consideration for dry years and low flow conditions;
(ii) The current and reasonably foreseeable future water needs of the donor basin, with special consideration for dry years and low flow conditions;
(iii) Protection of water quality in the donor basin, with special consideration for dry years and low flow conditions;
(iv) Any offsetting increases in flow in the donor basin that may be arranged through permit conditions;
(v) The number of downstream river miles from which water will be diverted as a result of the transfer.
(vi) The connection between surface water and groundwater in the donor basin, and the effect of the proposed transfer on either or both.
2. Receiving Basin Considerations.
(i) Determination of whether or not the applicant's proposed use is reasonable, including consideration of whether the applicant has implemented water conservation practices and achieved reasonable water conservation goals;
(ii) Assessment of the wastewater treatment capacity of the receiving basin;
(iii) The supply of water presently available to the receiving basin, as well as the estimates of over all current water demand and the reasonable foreseeable future water needs of the receiving basin;
(iv) The beneficial impact of any proposed transfer, and the demonstrated capability of the applicant to effectively implement its responsibilities under the requested permit;
(v) The impact of the proposed transfer on water conservation;
(vi) The applicant's efforts to explore all reasonable options for use of reclaimed water and recycling of available sources to meet the needs of the receiving basin;
(vii) Assessment of the adequacy of treatment capacity and current water quality conditions.
3. Considerations Affecting Both Basins.
(i) The economic feasibility, cost effectiveness, and environmental impacts of the proposed transfer in relation to alternative sources of water supply;
(ii) The cumulative impacts of the current and proposed interbas in transfers in the basin;
(iii) The requirements of the state and federal agencies with authority related to water resources;
(iv) The availability of water for responding to emergencies, including drought, in the donorbasin and the receiving basin;
(v) The impact, whether beneficial or detrimental, on off stream and instream uses;
(vi) The quantity, quality, location, and timing of water returned to the donor basin, receiving basin, and basins downstream;
(vii) Impact on interstate water use;
(viii) The cumulative effect on the donor basin and the receiving basin of any water transfer or consumptive use that is authorized or forecasted;
(ix) Such other factors as are reasonably necessary to carry out the purposes of Georgia law.
4. Interbasin transfers of water as might occur in connection with mining, conveying, processing, sale, or shipment of minerals (e.g., as in the kaolin industry), or other products transported for further processing or sale shall be exempt from the requirements of 391-3-6-.07 (3)(b).
(4) Permit Application: Non-Farm Uses.
(a) All applications shall be on forms furnished by the Division.
(b) The applications shall include:
1. Name and address of applicant;
2. Date of filing.
3. Source of water supply.
4. Quality applied for, both maximum day and monthly average. Maximum day withdrawal, diversion or impoundment shall be computed as the highest annual use by a water source or system in a 24-hour period, expressed in gallons per day. Monthly average withdrawal diversion or impoundment shall be computed as the highest total amount of water used by a water source or water system in any one month divided by the number of days in that month, expressed in gallons per day.
5. Use to be made, and documentation of need for water within five (5) years after date of filing.
6. Place of use.
7. Location withdrawal, diversion or impoundment plotted on a U.S. Geological Survey, 7½minute quadrangle map or latest county highway map; and the latitude and longitude of the withdrawal expressed in degrees, minutes and seconds.
8. In the preparation of a permit application for a new permit or modification of an existing permit which includes an increase in the permitted water use (except for a farm use permit application), the applicant must submit to the Director for approval a water conservation plan prepared in accordance with the following guidelines. The plan must address the following items (or contain a statement why the item is not an appropriate part of the plan):
(i) System management;
(I) Within the most recent 24 month period, a minimum of twelve consecutive months of UAW data;
(II) A description of any current or planned programs to reduce UAW such as those listed below (include proposed schedules for planned activities);
I. Leak detection and elimination;
II. Availability of accurate maps of the water systems;
III. Meter maintenance, testing, replacement, calibration, etc.;
IV. Prevention of tank overflows;
V. Flushing programs without degradation of water quality;
VI. Prevention of unauthorized water use - fire hydrants, fire lines, etc.;
VII. A list of unmetered service connections including publicly owned facilities, churches, etc.;
VIII. Other;
(III) A list of inter-connections with other water systems and a description of any contractual agreements, type (emergency back-up wholesale sale or purchase) and purchase amounts;
(IV) Any additional current or planned activities pertaining to system management that will contribute to water conservation.
(ii) Treatment plant management:
(I) The condition, calibration frequency, type, etc. of raw and finished water metering;
(II) An analysis of in-plant water use for filter back washing, over-flows, laboratory use, etc. as a percentage of total plant production. Also, the plan must outline any ongoing or planned plant improvements (including schedules for planned improvements) and/or revised operational procedures to reduce in-plant use;
(III) A description of any recycling or reuse of filter backwash water.
(iii) Rate making policies;
(I) A list of non-billed service connections. Also, if available, a breakdown by number of meters or % of total production for each class of customer, e.g., residential, commercial, industrial, wholesale;
(II) A copy of the water rate structure currently in use including any surcharges, demand charges, etc., which may apply to certain customers and a description of the effects of this rate structure on water conservation:
(III) A description of any system policies concerning second meters for landscape irrigation and may use of sewer meters for billing;
(IV) A statement in response to the following questions:
I. Is the water system financially self-supporting?
II. Are water system expenditures subsidized by non-water/sewer system revenues?
(iv) Plumbing ordinances and/or codes;
(I) A description of compliance with State Water Conservation Law which requires the use of ultra-low plumbing fixtures. The applicant may include copies of adopted ordinances if applicable;
(II) Ordinances/codes or other special requirements pertaining to outside water use such as landscape irrigation systems, commercial car washes etc.;
(v) Recycle - reuse; A description or accounting of any recycling or reuse of treated wastewater.
(vi) A description of current and planned education programs for the promotion of water conservation.
(vii) Progress report; Five years after issuance of a new or modified Surface Water Withdrawal Permit, the permittee must submit to the Director a progress report that outlines actions and/or improvements made to conserve water and reduce water loss, e.g. leakdetection/repair, meter installation, calibration, or replacement, summer and/or peak use surcharges, enforcement of ultra-low flow plumbing fixture requirements, etc. Permittees with a total permitted withdrawal less than one million gallons per day on a monthly average may use as implified reporting format supplied by the Division.
(viii) Water use data:
(I) Permittees must submit to the Director an annual water use data report that includes information on unaccounted for water for the past 12 months. This report will be submitted inconjunction with the annual water use report that is required pursuant to subsection 391-3-6-.07(15).
(ix) Long range planning.

All permittees must incorporate water conservation into long term water demand and supply planning. Permittees must develop water demand projections covering a 20 year time period using a method or methods approved by the Director. The demand projections must reflect the effects (demand reductions) inherent in the implementations of new or enhanced water conservation programs.

(x) A description of any additional water conservation activities.
9. A drought contingency plan submitted for approval by the Director and prepared in accordance with the following guidelines. The plan should include alternative system and resource management strategies to be implemented under drought conditions that may severely reduce the availability of the resource. The plan shall be consistent with Chapter 391-3-30 with respect to restrictions on outdoor water use. If there are conflicts between this plan and Chapter 391-3-30 with respect to restrictions on outdoor water use, Chapter 391-3-30 shall prevail. The applicant or permittee must provide the following items in the plan (or a statement as to why the item is not an appropriate part of the plan):
(i) Drought condition indicators;
(I) The applicant or permittee must develop a system for determining drought severity based on some approved indicator, e.g.:
I. Streamflow levels;
II. Ground water levels;
III. Reservoir storage or levels;
IV. Other.
(ii) Potable water use priorities program;
(I) The following order of potable water use priorities is generally recommended but may be modified as needed based on local conditions:
I. Emergency facilities for essential life support measures;
II. Domestic and personal uses, including drinking, cooking, washing, sanitary and health related;
III. Farm uses;
IV. Industrial uses (including those industries on public water systems);
V. Other uses such as lawn sprinkling, non-commercial car washing, garden watering, etc.;
VI. Outdoor recreational uses.
(II) Conditions or events that put priority use system into effect;
(III) Adopted priority use system for service during periods of water shortages;
(IV) Restrictions on lower priority uses (including enforcement procedures);
(V) Rationing and/or other emergency procedures.
(iii) Low flow protection;
(I) For applications for new or modified permits to withdraw, impound or divert surface water: No permit will be issued by the Director which authorizes the depletion of the instream flow established for the withdrawal, diversion or impoundment of surface water, except for periods of Emergency Water Shortage as described in Subsection 391-3-6-.07(12);
(II) For applications for new or modified permits, the applicant will be required to pass instream flow at or immediately downstream of the point of withdrawal, diversion or impoundment so long as it is available from upstream. When upstream flows drop below the required instream flow at the point of withdrawal, diversion or impoundment, the applicant will be required to pass that upstream flow. The Instream Flow required for new or modified permits in this subsection shall be:
I. The 7Q10 flow, if no unreasonable adverse effects to the stream or other water users will occur from the withdrawal, diversion or impoundment; or
II. The Non-Depletable Flow, as established by the Director, if probable impacts of the withdrawal, diversion or impoundment would occur to other water users; or
III. Other appropriate instream flow limit, as established by the Director;
(III) Low-flow monitoring plan that outlines applicant's procedure to monitor and protectin stream flow below the point of withdrawal. Where applicable, the applicant must develop a plan for monitoring stream flow so that the instream flow limit can be protected. The monitoring plan must determine stream flow based on one of the following:
I. U.S.G.S. staff gage or continuous recording station;
II. Other staff gage as approved by the Director;
III. Weir;
IV. Other.
(iv) Water storage available to ensure availability of raw water to applicant through a critical drought period. Examples of suitable critical drought periods include but are not limited to: 50-year recurrence interval; 1954-1956 drought; 1984-1988 drought. The definition of available storage should include:
(I) Yield vs. drought return period;
(II) Storage type, e.g., main stream or off-stream supplemental;
(III) Any available alternate sources of finished and raw water such as ground water, interconnections, contractual agreements.
10. Consumptive loss of water withdrawn, diverted or impounded.
11. Permitted capacities of applicant's water treatment and wastewater treatment plants, existing or planned, that will treat water and wastewater to be generated by new or increased use.
12. Any other information deemed necessary; provided, however, any information already provided to the Director in connection with prior dealings with Division may be incorporated into the application by specific and detailed reference and a statement that the information is still valid and correct.
(5) Permit Applications: Farm Uses.
(a) Prior Uses. A permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the Director to any person when the applicant submits an application which provides reasonable proof that the applicant's farm use of surface waters occurred prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurred prior to July 1, 1988, shall be granted for the withdrawal or diversion or surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988.
(b) New Uses. If submitted after July 1, 1991, or regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm use occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsection 391-3-6-.07(4), -.07(6) and -.07(7) of these Rules; but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such surface waters.
(c) Permittees shall submit application for withdrawal or diversion of water for farm use to the Division on forms to be supplied by the Division. One application will be required for each water source. Applications will include the following information:
1. Applicant's full name;
2. Mailing address;
3. County in which water source is located;
4. Purpose of withdrawal;
5. Source pond, lake, reservoir, stream, river or sinkhole, with name;
6. Number of pumps with drawing/diverting surface water from above source;
7. Design pumping capacity (total) of pumps withdrawing water from this source for this farm (gallons per minute);
8. Month and year this capacity was installed;
9. Number of acres irrigated from this water source, and average number of inches of water applied per year;
10. Whether or not chemicals, fertilizers, fungicides, herbicides, insecticides or nematicides are injected into the irrigation water; and
11. County map supplied by the Division (or equivalent) showing the location of the water source.
(6) Combination Uses.

A combination of farm and non-farm surface use shall be considered a non-farm surface use, unless the director determines that the predominant use to which the water is put is farm use.

(7) System of Classification for Competing Permit Applications.
(a) In situations involving competing uses, existing or proposed, for a supply of available surface water, the Division shall consider:
1. The number of persons using the particular water source and the object, extent and necessity of their respective withdrawals or uses;
2. Nature and size of water source;
3. Low flows during droughts of record;
4. Any water quality of the water source which would adversely affect its availability or fitness for use;
5. The probable severity and duration of low flows, poor water quality or other impairments of the water source which would adversely affect its availability or fitness for use;
6. The injury to public health, safety or welfare which would result if such impairment were not prevented or abated;
7. The kinds of businesses or activities to which the various uses are related and the economic consequences;
8. The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses;
9. Diversion from or reduction of flows in other watercourses;
10. The prior investments of any person in lands, and plans for the farm usage of water inconnection with such lands, which plans have been submitted to the Director within a reasonable time after July 1, 1988; provided that the granting of such a permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use;
11. The varying circumstances of each use.
(8) Priorities for Competing Applications.
(a) When there are competing applications for water from the same source, and the source is insufficient to supply all applicants, the following order of priorities shall prevail:
1. Emergency facilities for essential life support measures.
2. Domestic and personal uses, including drinking, cooking, washing, sanitary purposes and all health related activities.
3. Farm uses as defined herein.
4. Industrial uses (including those industries on public water systems).
5. Other uses such as lawn sprinkling, noncommercial car washing, garden watering, etc.
6. Outdoor recreational uses.
(b) Competing applicants or users within the above categories shall be assigned a priority rating based upon a consideration of the facts set forth in subsection 391-3-6-.07(6) of these Rules. In the event two or more competing applicants or users qualify equally under the priority rating, the Director will grant permits to such competing applicants, or modify the existing permits of the users, for use of specified quantities of surface water on a prorated or other reasonable basis in those situations where such action is feasible, provided, however, that the Director will give preference to an existing use over an initial application.
(c) The Division shall take into consideration the extent to which such withdrawals, diversions or impoundments are reasonably necessary in the judgment of the Director to meet the applicant's reasonable needs; including the needs of any third party to whom the permit applicant was furnishing water for the processing of perishable agricultural products which require minimum quantities of water to comply with State or federal laws or regulations, and shall granta permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonable adverse affect upon other water uses in the area including but not limited to public use, farm use, and potential as well as present use, and provide, further, however, notwithstanding the above, that the Director shall grant a permit to any permit applicant who on the effective date of this Act has outstanding indebtedness in the form of revenue certificates or general obligation bonds which are being amortized through the sale of surface water, the permitted quantity of such shall be at least in a amount consistent with the quantity for which the revenue certificates or general obligation bonds were issued.
(9) Duration of Permits.
(a) Any permit granted for the withdrawal, diversion or impoundment of surface waters shall be for a period of time not less than ten (10) years (unless the applicant requests a shorter period of time) nor more than twenty (20) years, except that farm use permits shall have no term and maybe transferred or assigned to subsequent owners of the land which are the subject of such permit. Provided, however, that the Division shall be notified in writing by the permittee of such transfer or assignment. The Director may authorize a permit of duration of up to fifty (50) years in the case of a municipality or other governmental body where such period is required to provide for the retirement of bonds for the construction of water works or waste disposal facilities;
(b) If requested by the applicant, the Director may issue a temporary permit for less than ten (10) years, or letter of concurrence for transient uses lasting less than 180 days. Applicant's concurrence with a draft permit whose duration is less than ten (10) years shall serve as a request for a temporary permit.
(10) Renewal of Permits.

All permittees desiring to renew a permit shall submit an application for renewal to the Director within six (6) months prior to its expiration. All renewals will be treated in the same manner as the initial permit.

(11) Revocation, Suspension or Modification of Permits.
(a) Any permit granted for the withdrawal, division or impoundment of surface waters may be revoked, in whole or in part, permanently or temporarily, for the following reasons:
1. Any material false statement in an application for a permit or in any report required to be made;
2. Any willful violation of a condition of a permit;
3. Non use of the water supply (or a significant portion thereof) allowed by a permit for a period of two (2) consecutive years or more, unless the permittee can reasonably demonstrate that his nonuse was due to extreme hardship caused by factors beyond his control; except that this paragraph will not apply to farm use permits issued after initial use has commended;
4. With the written consent of the permittee.
(b) Any such permit may be revoked, in whole or in part, for a period not to exceed one (1) year for violation of any provision of Section 12-5-31, et seq. of the Georgia Water Quality Control Act;
(c) Any such permit may be suspended or modified if the Director should determine that the quantity of water allowed under the permit is greater than that needed by the permittee for the particular use upon which the application for permit was based, or would prevent other applications from reasonable use of surface waters, including farm use;
(d) The director may suspend or modify a farm use permit if he should determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit would prevent other applicants from reasonable use of surface waters for farm use;(e) Consistent with the consideration set forth in Chapter 391-3-6-.07 (7), any such permit maybe revoked, suspended or modified for any other good cause consistent with the health and safety of the citizens of this State and within the provisions of this Act;
(f) In the event of modification, suspension or revocation of permit, the Director shall serve written notice of such action on the permit holder and give the reason for such action.
(12) Emergency Water Shortage.
(a) Any permit may be suspended, restricted or otherwise modified by emergency order of the Director when an emergency period of water shortage exists. Prior to any such action, it must clearly appear to the Director from specific facts shown by affidavits of residents of the affected area of this State that an emergency period of water shortage exists within such area, so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area. Any permittee has five (5) days from the date of mailing of the notice of the proposed change in the permit to appear in opposition to the proposed action. Except as to farm uses, any change, suspension or restriction in the permit is effective immediately upon receipt of such order by the permittee, his agent for service of process, or any agent of employee of the permittee who receives the notification at the permittee's principal place of business in the State. Any permittee, other than a farm use permittee, to whom such order is directed shall comply therewith immediately;
(b) Upon application, the permittee, including a farm use permittee, shall be afforded a hearing before a hearing officer appointed by the Department of Natural Resources within twenty (20) days of receipt of said application by the hearing officer. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing in accordance with Subsection (c) of Code Section 12-2-2 shall waive such right;
(c) In the event of dire emergency, only water for domestic and personal uses, for drinking, cooking, washing, sanitary purposes and all health related activities will be permitted. Farm uses will be given second priority; however, all other usages will be established by the Director based on the priorities established in subsection 391-3-6-.07(7). The importance and necessity of water for industrial purposes are in no way modified or diminished by this subsection;
(d) Upon expiration of the emergency period of water shortage, the permittee will be notified in writing of such expiration and the said permittee may then operate under the permit as issued prior to the emergency.
(13) Request for Modification of Unexpired Permit.

A permittee may seek modification of any of terms of an issued permit. The Director may modify such permit providing the permittee establishes at least one of the following:

(a) a change in conditions has resulted in a need by the permittee of more water than is allowed under the existing permit;
(b) The proposed modification would result in a more efficient use of water than is allowed under the existing permit; or
(c) A proposed change in conditions would result in a need by the permittee of more than is allowed under the existing permit. Any such modification shall be consistent with the health and safety of the citizens of this State and with provisions of this Act.
(14) New Interbasin Transfers.
(a) In the consideration of applications for permits which if granted would authorize a newinterbasin transfer as defined in paragraph 391-3-6-.07 (2)(m), the Director shall be bound by the following requirements:
1. The Director shall give due consideration to competing existing uses and applications for permits which would not involve interbas in transfer of surface water and, subject to subsection 391-3-6-.07(7), shall endeavor to allocate a reasonable supply of surface waters to such users and applicants.
(b) Public Notification.
1. A notice of the draft permit which would authorize a new interbas in transfer of surface water shall be circulated by at least one of the following means: publication in one or more newspapers of general circulation in the area which would be affected by such issuance; posting on website(s); or distribution to interested parties by email or other mechanisms.
2. The Director shall provide a public comment period of 30 days following the date of the notice of the draft permit.
3. If the Director determines sufficient public interest exists, he shall hold a hearing some where within the area affected prior to the issuance of the permit. The Director shall provide reasonable notice of such meeting.
(15) Records.

Except for farm use permits issued pursuant to subsection 391-3-6-.07(5), whenever required to carry out the objectives of Section 12-5-31et seq. of the Georgia Water Quality Control Act, the Director may by order, permit or otherwise, in writing, require any person holding a permit or any other person who the Director reasonably believes in unlawfully withdrawing, diverting or impounding surface waters to:

(a) Establish and maintain records;
(b) Make reports;
(c) Install, use and maintain monitoring equipment or methods;
(d) Submit other information as required; provided any information already furnished to the Director in connection with prior dealing with the Division may be incorporated into the records or reports by specific and detailed reference and a statement that the information is still valid and correct;
(e) Except for farm uses, permittees shall submit annually to the Division a report of water use for the previous calendar year, to include monthly average and maximum day use for each month. Such reports shall be on forms provided by the Division and shall be submitted to the Division by January 31 of the current year for water use in the previous calendar year.
(16) Storage Rights
(a) When a user has contracted for the right to utilize storage space within a reservoir that is owned or operated by an agency of the federal government, the Director shall retain authority to allocate any State water rights subject to regulation under O.C.G.A § 12-5-31, including the right to withdraw State waters from the project as well as the right to impound made inflow to there servoir. When the Director allocates to a specific user made inflows to a reservoir, pursuant to the permitting authority and procedure provided by O.C.G.A. § 12-5-31, that user will have the right to impound such flows in the storage space for which it has contracted, to the extent storage space is available.
(b) The intent of subparagraph (a) is to retain and exercise to the fullest extent the State's sovereign authority to control the use and storage of surface waters within its boundaries. In the event a court of competent jurisdiction determines that the Director's exercise of authority pursuant to this subsection is preempted by federal law, the Director's allocation shall be given effect to the maximum extent permissible.
(c) The following factors shall be considered by the Director when allocating made inflows to areservoir pursuant to paragraph (a):
1. The criteria set forth in 391-3-6-.07 (7).
2. Whether the water to be stored will be utilized in a manner consistent with the Georgia Comprehensive State-wide Water Management Plan and any plans prepared by the applicable Regional Water Planning Council or the Metropolitan North Georgia Water Planning District.
3. Such other physical and equitable factors as the Director may deem appropriate.
(17) Enforcement.

The administration and enforcement of these Rules shall be in accordance with the Georgia Water Quality Control Act and the Georgia Administrative Procedure Act.

(18) Effective Date.

This Rule shall become effective twenty days after filing with the Secretary of State's office.

Rule 391-3-6-.08 Pretreatment and Permit Requirements

(1) Purpose. The purpose of Rule 391-3-6-.08 is to provide for the degree of wastewater pretreatment required and the uniform procedures and practices to be followed relating to the application for and the issuance or revocation of pretreatment permits for the discharge of any pollutant into a publicly owned treatment works and then into the waters of the State.
(2) Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in this Paragraph or in any other Paragraph of these Rules.
(a) "Act" or "O.C.G.A." means the Official Code of Georgia Annotated, Title 12, Article 2.
(b) "Approval Authority" means the Director of the Environmental Protection Division of the Georgia Department of Natural Resources.
(c) "Approved pretreatment program," "POTW pretreatment program," or "program" means a program administered by a POTW that meets the criteria established in this Paragraph and Rule 391-3-6-.09, and which has been approved by the Approval Authority in accordance with Rule 391-3-6-.09.
(d) "Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
(e) "Control Authority" means:
1. The POTW if the POTW's pretreatment program submission has been approved by the Approval Authority in accordance with Rule 391-3-6-.09; or
2. The Approval Authority if the submission has not been approved; or
3 In cases where categorical or significant non-categorical industrial users discharge to POTWs that are not included in an approved pretreatment program, the Approval Authority shall function as the Control Authority until an approved pretreatment program has been established by the POTW.
(f) "EPD" means the Environmental Protection Division of the Georgia Department of Natural Resources.
(g) "Federal Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(h) "Indirect discharge" or "discharge" means the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Federal Act.
(i) "Industrial user" means any person that is a source of an indirect discharge or proposed indirect discharge.
(j) "Interference" or "interfere" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts a POTW's sewer system, treatment processes or operations or its sludge processes, including use of disposal thereof; and such discharge is a cause of a violation of any requirement of the POTW's NPDES Permit (including an increase in the magnitude or duration of a violation). The terms include prevention of sewage sludge use or disposal in accordance with Section 405 of the Federal Act, or any criteria, guidelines, or regulations developed pursuant to State or Federal laws.
(k) "Limitation" means any restriction or prohibition established under the Act on quantities, rates, or concentration, or a combination thereof, of chemical, physical, biological, or other constituents which are discharged from industrial users into a publicly owned treatment works and then into the waters of the State, including but not limited to schedules of compliance.
(l) "National pretreatment standard", "pretreatment standard" or "standard" means any regulation containing pollutant discharge limits promulgated by the U.S. Environmental Protection Agency (EPA) in accordance with Section 307(b) and (c) of the Federal Act, which applies to industrial users. This term includes prohibited discharge limits established pursuant to 40 CFR Part 403.5.
(m) "New source" means:
1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards under Section 307(c) of the Federal Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section provided that:
(i) the building, structure, facility or installation is constructed at a site at which no other source is located; or
(ii) the building, structure, facility or installation totally replaces the process or reduction equipment that causes the discharge of pollutant at an existing source; or
(iii) the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type or activity as the existing source should be considered.
2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subparagraphs 391-3-6-.08 (2)(m) 1. (ii) or (iii) but otherwise alters, replaces, or adds to existing process or production equipment.
3. Construction of a new source as defined under this Paragraph has commenced if the owner or operator has:
(i) begun, or caused to begin as part of a continuous on-site construction program:
(I) any placement, assembly, or installation of facilities or equipment; or
(II) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(ii) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase, or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this Paragraph.
(n) "Pass through" means a discharge which exits the POTW into waters of the State in quantities or concentration which alone or in conjunction with a discharge or discharges from other sources is a cause of a violation of any requirement of the POTW's NPDES Permit (including an increase in the magnitude or duration of a violation).
(o) "Person" means any individual, corporation, company, association, partnership, county, municipality, State agency, Federal agency or facility or other entity.
(p) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes or by other means, except as prohibited by 40 CFR Part 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR Part 403.6(e).
(q) "Pretreatment permit" means any permit issued by the Control Authority to regulate the discharge of pollutants from any industrial user into a publicly owned treatment works and the waters of the State.
(r) "Pretreatment permit application" means an application filed by any person with the Control Authority for a pretreatment permit.
(s) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
(t) "Publicly owned treatment works" or "POTW," as applied in Rules 391-3-6-.08 and 391-3-6-.09, means a treatment works as defined by section 212 of the Federal Act, which is owned by the State or a municipality (as defined by section 502(4) of the Federal Act). This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality, as defined in section 502(4) of the Federal Act, which has jurisdiction over the indirect discharges to, and the discharges from, such a treatment works
(u) "Significant Industrial User"
1. Except as provided in Subparagraphs (u) 2. and 3. below, the term Significant Industrial User means:
(i) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
(ii) Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Control Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6) ).
2. The Control Authority may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(i) the industrial user, prior to the Control Authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(ii) the industrial user annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and
(iii) the industrial user never discharges any untreated concentrated wastewater.
3 Upon a finding by the Control Authority that an industrial user meeting the criteria in Subparagraph (u)1.(ii) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority may at any time, on its own initiative or in response to a petition received from an industrial user or from a POTW pretreatment program and in accordance with Subparagraph 391-3-6-.09 (7)(d), determine that such industrial user is not a Significant Industrial User.
(v) "Significant noncompliance" for an industrial user means that its violation meets one or more of the following criteria:
1. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);
2. Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for the same pollutant parameter taken during a six month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Control Authority's exercise of its emergency authority to halt or prevent such a discharge;
5. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
6. Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance; or
8. Any other violations or group of violations which may include a violation of BMPs, which the Control Authority determines will adversely affect POTW operations or violate applicable NPDES Permit effluent limitations and requirements.
(3) Pretreatment Permit Requirements.
(a) Any industrial user discharging or proposing to discharge any pollutant into a publicly owned treatment works and then into the waters of the State, under any of the circumstances described in O.C.G.A. Section 12-5-30, shall be considered for a pretreatment permit by the Control Authority. In addition to other pretreatment permit requirements described in this Paragraph, the permit must contain the following conditions:
1. Statement of non-transferability without, at a minimum, prior notification to the Control Authority and provision of a copy of the existing control mechanism to the new owner or operator;
2. Effluent limits based on national pretreatment standards for prohibited discharges as specified in 40 CFR 403.5(a) and (b), national pretreatment standards for categorical discharges as specified in 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N, Parts 405-471, and local limits and/or BMPs as specified in 40 CFR 403.5(c);
3. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule;
4. Conditions and limits to ensure that concentration and mass limits requirements under 40 CFR 403.6(c)(1)-(9), dilution prohibition requirements under 40 CFR 403.6(d) and combined wastestream formula requirements under 40 CFR 403.6(e)(1)-(4) are complied with.
5. Requirements to control slug discharges as defined in 40 CFR 403.8(f)(2)(vi), if determined by the Control Authority to be necessary.
(4) Degree of Pretreatment Required.
(a) All pollutants discharged from an industrial user to a publicly owned treatment works shall receive such pretreatment or corrective action so as to ensure compliance with the terms and conditions of the issued pretreatment permit and with the following whenever applicable:
1. Limitations, prohibitions and pretreatment standards and requirements promulgated by the U.S. EPA pursuant to Section 307 of the Federal Act and as described in Subparagraph 391-3-6.08(3) 2.
2. Until such time as such limitations, prohibitions and pretreatment standards and requirements are formally promulgated pursuant to Section 307 of the Federal Act, the Control Authority shall apply such limitations, prohibitions and pretreatment standards necessary to achieve the purpose of said Section of the Federal Act. With respect to industrial users, such limitations, prohibitions or pretreatment standards shall be based upon an assessment of technology and processes, to wit:
(i) to existing industrial users limitations or pretreatment standards and requirements based on application of the best demonstrated control technology currently available;
(ii) to any industrial user whose construction commences after the effective date of this Paragraph, pretreatment standards and requirements which reflect the greatest degree of effluent reduction which the Control Authority determines to be achievable through the application of best demonstrated control technology currently available, or changes in processes or operating methods or other alternatives including where practical, a standard permitting no discharge of pollutants.
3. Notwithstanding the above, more stringent pretreatment may be required as deemed necessary by the Control Authority to meet:
(i) any other existing Federal laws or regulations;
(ii) to ensure compliance with any applicable State water quality standards, POTW effluent limitations, local discharge limitations, national pretreatment standards for prohibited discharges as specified in 40 CFR 403.5, dilution prohibition as specified in 40 CFR 403.6(d), pretreatment standards and requirements, or schedules of compliance;
(iii) to ensure there is no interference with the operation of a POTW or pass through of pollutants untreated.
4. To any industrial user, as appropriate, pretreatment standards and requirements designed to prohibit the discharge of toxic pollutant in toxic amounts which interfere with, pass through, prevents the use or disposal of sewage sludge, or otherwise interferes with operation of publicly owned treatment works.
5. The foregoing requirements shall be applied in considering all applications for pretreatment permits made pursuant to O.C.G.A. Section 12-5-30 and no such application shall be approved unless the pretreatment facilities will achieve such pretreatment standards and requirements within such reasonable time thereafter as the Control Authority may require.
(5) Application for Pretreatment Permit.
(a) Applications for pretreatment permits under O.C.G.A. Section 12-5-30 shall be on forms as may be prescribed and furnished from time to time by the Control Authority. Applications shall be accompanied by all pertinent information as the Control Authority may require in order to establish pretreatment standards and requirements in accordance with Subparagraph 391-3-6-.08 (4), including but not limited to complete engineering reports, schedule of progress, plans, specification, maps, measurements, quantitative and qualitative determinations, records and all related materials. For industrial users subject to national pretreatment standards for categorical discharges, the application for a pretreatment permit shall contain information for a baseline report as required by 40 CFR 403.12(b)(1)-(7).
(b) Engineering reports, plans, specifications and other materials submitted to the Control Authority in support of a pretreatment permit application shall be prepared by or under the direct supervision or review of, and bear the seal of a Professional Engineer, competent in the field of sewage and industrial waste treatment. At no time shall this requirement be in conflict with O.C.G.A. Section 43-15 governing the practice of professional engineering and surveying.
(c) Materials submitted shall be complete and accurate.
(d) Any pretreatment permit application forms or any other forms submitted to the Control Authority shall be signed as follows:
1. By a responsible corporate officer, if the industrial user submitting the reports is a corporation. For this subparagraph a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or
(ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively; or
3. By a duly authorized representative of the individual designated in paragraphs (5)(d)1. and (5)(d)2. of this section if:
(i) The authorization is made in writing by the individual described in paragraph (5)(d)1. or (5)(d)2.;
(ii) The authorization specifies either an individual or position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(iii) The written authorization is submitted to the Control Authority.
4. If an authorization under paragraph (5)(d)3. of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (5)(d)3. of this section must be submitted to the Control Authority prior to or together with any reports to be signed by the authorized representative.
5. For a municipality, State, Federal, or the public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. The duly authorized employee must be an individual or position having responsibility for the overall operation of the facility or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the Control Authority prior to or together with the report being submitted.
(6) Receipt and Use of Pretreatment Permit Application Forms and Data.
(a) Applications for pretreatment permits will be reviewed together with such other information as may be necessary to ascertain the effect of the discharge of any pollutant into a publicly owned treatment works and then the waters of the State.
(b) The Control Authority shall receive any data it finds relevant which is intended to clarify or support the pretreatment permit application.
(c) Any information submitted in a pretreatment permit application form, together with reports, records or plans that are considered confidential by the applicant for a pretreatment permit should be clearly labeled "Confidential" and be supported by a statement as to the reasons that such information should be considered confidential. If the Control Authority determines that such information is entitled confidential protection, it shall label and handle the same accordingly. However, all submitted effluent data shall be available to the public without restriction.
(7) Notice and Public Participation.

Where the Approval Authority is acting as the Control Authority, the following procedures shall apply:

(a) Tentative determination and draft permits:
1. When the Approval Authority is satisfied that the application is complete, a tentative determination will be made to issue or deny the pretreatment permit. If the tentative determination is to issue the permit, a draft permit will be prepared in accordance with applicable Federal regulations and State laws prior to the issuance of a public notice. If the tentative determination is to deny the permit, the applicant will be notified in writing by the Approval Authority and such notification shall include suggested revisions and modifications necessary to meet the requirements for a pretreatment permit.
(b) Public Notice:
1. Public notice of every approvable pretreatment permit application will be prepared by the Approval Authority and circulated in a manner designed to inform interested and potentially interested persons of the proposed discharge and of the proposed determination to issue a permit for the proposed discharge by an industrial user into a publicly owned treatment works and then into the waters of the State. Procedures for circulation of the public notice shall include the following:
(i) publication in one (1) or more newspaper of general circulation that provides meaningful public notice in the area of the applicant;
(ii) copy of the public notice shall be mailed to the pretreatment permit applicant and the owner or operator of the publicly owned treatment works that is to receive the discharge from the industrial user.
(iii) mailing of the public notice to any persons or group upon written request to the EPD. The Approval Authority shall maintain a mailing list for distribution of public notices for pretreatment permits it issues. Any person or group may request that their names be added to the mailing list. The request should be writing to the EPD office in Atlanta and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list for pretreatment permit notification;
(iv) a copy of the public notice shall be available for review and inspection at the EPD office in Atlanta;
(v) the Approval Authority shall provide a period of not less than thirty (30) days following the date of the public notice in which interested persons may submit their written views on the tentative determination with respect to the pretreatment permit application. All written comments submitted during the thirty (30) day comment period will be retained by the Approval Authority and considered in the final determinations with respect to the pretreatment permit application. The comment period may be extended at the discretion of the Approval Authority.
(c) Public Hearing:
1. The Approval Authority shall provide an opportunity for an applicant, any affected state or interstate agency, or any other interested agency, person or group of persons to request a public hearing with respect to a pretreatment permit application. Any such request for a public hearing shall be filed within the thirty (30) day comment period prescribed in Subparagraph 391-3-6-.08 (7)(b) 1.(v) and shall indicate the interest of the party filing such request, reasons why a hearing is requested and those specific portions of the application or other pretreatment form or information to be considered at the public hearing. The Approval Authority shall hold a hearing if it determines that there is sufficient public interest in holding such a hearing.
2. Any public hearing held pursuant to this Subparagraph shall be held in the geographical area of the proposed discharge to the publicly owned treatment works or other appropriate location at the discretion of the Approval Authority.
3. The Approval Authority may hold one public hearing on related groups of pretreatment permit applications.
4. Public notice of any hearing held pursuant to this Subparagraph shall be provided at least thirty (30) days in advance of the hearing date and shall be circulated in accordance with the public notification procedures in Subparagraph 391-3-6-.08 (7)(b)
(8) Terms and Conditions of Pretreatment Permits.
(a) Terms and conditions under which the discharge will be permitted will be specified on the permit issued for the industrial user to discharge into a publicly owned treatment works and then into the waters of the State.
(b) No pretreatment permit shall be issued authorizing the discharge into a publicly owned treatment works and then into the waters of the State of any radiological, chemical or biological warfare agent or high-level radioactive waste.
(c) Schedule of compliance:
1. Any person who obtains a pretreatment permit pursuant to the Act but who is not in compliance with applicable pretreatment standards and limitations or other requirements contained in such permit at the time same is issued, shall be required to achieve compliance with such pretreatment standards and limitations or other requirements in accordance with the schedule of compliance as set forth in such permit, or in the absence of a schedule of compliance, by the date set forth in such permit which the Control Authority has determined to be the shortest, reasonable period of time necessary to achieve compliance. Such compliance schedules may not extend the compliance date beyond applicable Federal deadlines. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards and limitations. No increment referred to in this Subparagraph shall exceed nine months.
2. Within fourteen (14) days of an interim date of compliance or the final date of compliance specified for an industrial user, the industrial user shall provide the Control Authority with written notice of its compliance, or non-compliance with the requirements and conditions specified to be completed by such date. Failure to submit the written notice is just cause for the Control Authority to pursue enforcement action pursuant to its legal authority.
3. An industrial user who fails or refuses to comply with an interim or final date of compliance specified in a pretreatment permit may be deemed by the Control Authority to be in violation of the permit and may be subject to enforcement action by the Control Authority.
4. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or in the case of a new source following commencement of the introduction of wastewater to the POTW, industrial users subject to categorical standards shall submit to the Control Authority a report containing information described in 40 CFR 403.12(b)(4)-(6).
(d) Monitoring, recording and reporting requirements:
1. Any industrial user authorized by a pretreatment permit issued pursuant to the Act may be subject to such monitoring, recording and reporting requirements as may be reasonably required by the Control Authority including the installation, use and maintenance of monitoring equipment or methods; specific requirements for recording of monitoring activities and result; and periodic reporting of monitoring results. The monitoring, record keeping, sampling, notification and reporting requirements including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on national pretreatment standards, including those in 40 CFR 403.12 as applicable, and applicable local limits and requirements shall be specified in a permit when issued, provided however the Control Authority may modify or require additional monitoring, recording and reporting by written notification to the industrial user.
2. The industrial user shall be required, in the pretreatment permit, to retain any records of monitoring activities and results for a minimum of three (3) years, unless otherwise extended by the Control Authority upon written notification. The period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW.
3. Any holder of a permit, which requires monitoring of the authorized discharge into a publicly owned treatment works and then into the waters of the State, shall report periodically to the Control Authority results of all required monitoring activities on appropriate forms supplied by the Control Authority. The Control Authority shall notify the industrial user of the frequency of reporting. All periodic reporting shall be in accordance with the requirements described in 40 CFR 403.12(e)-(h).
4. The effluent limitations specified in the pretreatment permit will be based on an allowable POTW headworks loading methodology for deriving the value of the limiting pollutant for inclusion in the permit after consideration of State water quality standards, sludge disposal requirements, final determination of NPDES Permit limits, POTW inhibition, and any other applicable criteria. The limiting factor selected will then be compared to appropriate national pretreatment standards for categorical discharges if applicable, and the most stringent will then be incorporated into the permit. In instances where the potable water sources or other incoming water sources have values that exceed limits based on water quality standards, then an alternate limit may be derived on a case-by-case basis after the evaluation of sampling conducted on the water sources by the Control Authority. These alternate effluent limitations will be considered local limits and will be enforced to comply with 40 CFR 403.5(c) and (d) requirements.
(9) Modification, Suspension and Revocation of Pretreatment Permits:

Where the Approval Authority is acting as the Control Authority, the following procedures shall apply:

(a) The Approval Authority may revise or modify the schedule of compliance set forth in an issued pretreatment permit if the industrial user requests such modification or revision in writing and such modification or revision will not cause an interim date in the compliance schedule to be extended more than one hundred and twenty (120) days or affect the final date in the compliance schedule. If the industrial user requests in writing the modification or revision of a schedule of compliance set forth in an issued pretreatment permit which, if granted, would cause an interim date in the compliance schedule to be extended more than one hundred and twenty (120) days or affect the final date in compliance schedule, the Approval Authority may revise or modify such schedule of compliance provided it is in accordance with promulgated Federal regulations. The Approval Authority may grant a request in accordance with this Subparagraph if it determines after documented showing by the industrial user that good and valid cause, including acts of God, strikes, floods, material shortages or other events over which the industrial user has little or no control, exist for such revision.
(b) The Approval Authority may modify, suspend or revoke an issued pretreatment permit in whole or in part during its term for cause, including but not limited to, failure or refusal of the industrial user to carry out the requirements of the Act or regulations promulgated pursuant thereto and/or promulgated Federal regulations, if within thirty (30) days following receipt of such proposed modifications, suspension or revocation from the Approval Authority, there is no objection by the industrial user in writing. In addition prior to any such modifications, suspension or revocation of an issued pretreatment permit by the Approval Authority (other than modification or revision of compliance schedule pursuant to Subparagraph 391-3-6-.08 (9)(a) above or modification of the monitoring, recording and reporting requirements), the Approval Authority will provide public notice in accordance with the procedures set forth in Subparagraph 391-3-6-.08 (7)(b). Where the Approval Authority is acting as the Control Authority, the procedures set forth in Chapter 391-1-2 of these Rules shall apply to any person who is "aggrieved or adversely affected" as provided for in Title 12 of the Official Code of Georgia Annotated.
(10) Duration of Pretreatment Permits.

Any pretreatment permit issued by a Control Authority shall have a fixed term not to exceed five (5) years. When the Approval Authority is acting as the Control Authority, a new pretreatment permit may be issued by the Authority, provided that an application for such new pretreatment permit is filed with the Approval Authority at least one hundred and eighty (180) days prior to the expiration date of the existing permit. The issuance of such new pretreatment permit shall likewise have a fixed term not to exceed five (5) years.

(11) Enforcement.

Any person who violates any provision of the Act, any rule promulgated and adopted pursuant thereto, or any term, condition schedule or compliance or other requirement contained in a permit issued pursuant to the Act shall be subject to enforcement proceedings pursuant to the Act.

Rule 391-3-6-.09 Requirements for Approval and Implementation of Publicly Owned Treatment Works Pretreatment Programs and Administration of the EPD Pretreatment Program

(1) Purpose. The purpose of Rule 391-3-6-.09 is to provide uniform procedures and practices to be followed for the development and submission of POTW pretreatment programs for EPD review and approval or denial, and the public notification methods to be used.
(2) Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in this Paragraph or in any other Paragraph of these Rules:
(a) "Submission" means a request to the Approval Authority for approval of a POTW pretreatment program by a POTW.
(3) Required POTW Pretreatment Programs.
(a) Any POTW or combination of POTWs operated by the same authority with a total design flow greater than 5 million gallons per day (MGD) and receiving from industrial users pollutants which may pass through untreated or interfere with the operation of the POTW or are otherwise subjects to Section 307(b) or 307(c) of the Federal Act will be required to establish a POTW pretreatment program.
(b) The Approval Authority may require in writing that a POTW with a design flow of 5 mgd or less develop a POTW pretreatment program if it finds that the nature or volume of the industrial effluent, treatment process upsets, violations of POTW effluent limitations, contamination of municipal sludge or other circumstances warrant a POTW pretreatment program in order to prevent interference with the POTW or pass through of untreated pollutants.
(c) Any POTW described in Subparagraphs 391-3-6-.09 (3)(a) and (b) must obtain approval of its POTW pretreatment program no later than three (3) years after the reissuance or modification of its existing NPDES permit, but in no case later than July 1, 1983. POTWs whose NPDES permits are modified under Section 301(h) of the Federal Act shall have a pretreatment program within less than three (3) years as provided by 40 CFR Part 125, Subpart G. POTWs identified after July 1, 1983 as being required to develop a POTW pretreatment program under Subparagraph 391-3-6-09(3)(a) and (b) shall develop and submit such a program for approval as soon as possible to the Approval Authority but in no case later than one (1) year after written notification from the Approval Authority of such identification.
(d) The POTW pretreatment program shall meet the criteria set forth in 40 CFR 403.8(f) and shall be capable of being administered by the POTW to ensure compliance by the industrial users with applicable State and Federal pretreatment standards and requirements in order to be approved by the Approval Authority.
(e) The Approval Authority may hold a public hearing in the geographical area served by any POTW which fails to comply with the Approval Authority's finding and written directive that a POTW pretreatment program is required and a draft submission must be developed and submitted to the Approval Authority within sixty (60) days. The public hearing will be held to advise the public, the industrial users and other concerned parties that the EPD will establish and operate the pretreatment program necessary to meet the Federal requirements as a result of the failure of the POTW to carry out its legal responsibility. The appropriate POTW, city or municipal officials will be requested at the public hearing to explain the reasons why they failed to comply with the Approval Authority's finding and directive. For any public hearing held pursuant to this Subparagraph a public notice shall be provided at least forty-five (45) days in advance of the hearing date and shall be published and circulated in accordance with Subparagraph 391-3-6-.09 (5)(a).
(f) A POTW requesting approval of a POTW pretreatment program shall develop a program submission which includes the information set forth in 40 CFR 403.9(b) and 403.8(f). Any other pertinent information requested by the Director as being necessary to clarify, support or supplement the program description must also be submitted.
(4) POTW Pretreatment Program Approval or Denial.
(a) Any POTW requesting POTW pretreatment program approval shall submit to the EPD three copies of the submission described in 40 CFR 403.9(b). Within 60 days after receiving the submission, the EPD shall make a preliminary determination of whether the submission meets the requirements of 403.9(b) and whether the submission meets the requirements as may be described by the EPD. When the EPD is satisfied that a POTW pretreatment program meets the requirements of 40 CFR 403.8(f), 403.9(b) and such other requirements as may be prescribed by the Approval Authority, the EPD shall notify the POTW that the submission has been received and is under review and commence public notice and evaluation activities set forth in Subparagraph 391-3-6-.09 (5).
(b) When the EPD determines that the POTW pretreatment program does not meet the requirements of Subparagraph 391-3-6-.09 (a), the EPD shall notify the POTW in writing as appropriate and each person who has requested individual notice. This notification shall identify any defects in the submission and advise the POTW and each person who has requested individual notice of the means by which the POTW can comply with the applicable requirements of Subparagraph 391-3-6-.09 (a). Unless the necessary revisions and modifications are made within the time period specified in the notification of denial, not to exceed the one year period specified in Subparagraph 391-3-6-.09 (3)(c), the EPD will proceed to develop and implement a pretreatment program for the area served by the POTW in accordance with Paragraphs 391-3-6-.08 and 391-3-6-.09.
(5) Notice and Public Participation.
(a) Tentative Determination for POTW Pretreatment Program Approval.
1. Within 20 work days after the EPD has made a determination that a POTW pretreatment program submission meets the requirements of 40 CFR 403.9(b), a public notice will be issued by the EPD and the city or municipality requesting approval to advise the public that a request has been made for approval of the submission. This public notice shall be published and circulated in a manner designed to inform interested and potentially interested persons of the submission. Procedures for circulation of the public notice shall include the following:
(i) mailing to adjoining State whose waters may be affected;
(ii) mailing to designated 208 planning agencies; Federal and State fish, shellfish and wildlife resources agencies; upon request to other appropriate government agencies; and to any other person or group, including those on the appropriate EPD mailing list;
(iii) publication in a newspaper(s) of general circulation within the city or municipality in which the POTW pretreatment program has been established;
(iv) mailing to the chief elected official of the city or municipality requesting approval of the POTW pretreatment program submission;
(v) a copy will be available at the EPD office in Atlanta;
(vi) the EPD shall provide a period of not less than forty-five (45) days following the date of the public notice during which interested persons may submit their written views on the submission. All written comments submitted during the forty-five day period will be retained by the EPD and considered in the decision on whether or not to approve the submission. The comment period may be extended at the discretion of the Approval Authority; and
(vii) the contents of the public notice will be in accordance with appropriate Federal requirements and applicable State laws.
2. The Approval Authority shall provide an opportunity for the applicant, any affected State, any interested State or Federal agency, person or group of persons to request a public hearing with respect to the submission. Any such request for a public hearing shall be filed within the forty-five (45) day comment period described in Subparagraph 391-3-6-.09 (5)(a) 1.(vi) and shall indicate the interest of the person filing such request and the reason why a hearing is warranted. The Approval Authority shall hold the hearing if it determines that there is sufficient public interest in holding such hearing or if the POTW requests a hearing.
(i) any public hearing held pursuant to this Subparagraph shall be held in the geographical area of the applicable submission or other appropriate location at the discretion of the Approval Authority. The Approval Authority may hold one public hearing on related groups of submissions in the same geographical area;
(ii) public notice of any hearing held pursuant to this Subparagraph shall be provided at least forty-five (45) days advance of the hearing date and shall be circulated in accordance with Subparagraph 391-3-6-.09 (5)(a) 1.
(b) Final Determination for POTW Pretreatment Program Approval or Denial.
1. Deadline for review of submission. The Approval Authority shall have 90 days from the date of public notice of any submission complying with the requirements of § 403.9(b) to review the submission. The Approval Authority shall review the submission to determine compliance with the requirements of 40 CFR 403.8(b) and (f). The Approval Authority may have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in Subparagraph 391-3-6-.09 (5)(a) 1.(vi) is extended beyond 45 days or if a public hearing is held as provided for in Subparagraph 391-3-6-.09 (5)(a) 2. In no event, however, shall the time for evaluation of the submission exceed a total of 180 days from the date of public notice of a submission meeting the requirements of § 403.9(b)
2. At the conclusion of the public notice comment period or the public comment period allowed following a public hearing or the extension if warranted per Subparagraph 391-3-6-.09 (5)(b) 1. above, the Approval Authority shall make a determination to approve the POTW pretreatment program or deny any approval to the program based on the requirements of Subparagraph 391-3-6-.09 (4) and taking into consideration the comments submitted during the comment period and the record of the public hearing, if held. When the Approval Authority has made a determination to deny approval to the program the POTW shall be notified in writing in accordance with Subparagraph 391-3-6-.09 (4)(b) and each person who has requested individual notice. The Approval Authority shall also notify these persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission.
3. U.S. EPA's objection to Approval Authority's decision. No POTW pretreatment program shall be approved by the Approval Authority if, following the 45 day (or extended) evaluation period provided for in Subparagraph 391-3-6-.09 (5)(a) 1.(vi) and any hearing held pursuant to Subparagraph 391-3-6-.09 (5)(a) 2 of this section, the Regional Administrator of U.S. Environmental Protection Agency Region 4 (Regional Administrator) sets forth in writing objections to the approval of such submission and the reasons for such objections. A copy of the Regional Administrator's objections shall be provided to the applicant, and each person who has requested individual notice. The Regional Administrator shall provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted, the Regional Administrator's objections shall constitute a final ruling to deny approval of a POTW pretreatment program 90 days after the date the objections are issued.
4. When the EPD has made a determination to approve the submission, a public notice shall be issued to advise of the decision. This public notice shall be published and circulated in a manner designed to inform interested and potentially interested persons of the decision. Procedures for circulation of the public notice shall include the following:
(i) publication in the same newspaper as the original notice of request for approval of the submission was published;
(ii) mailing to those persons who submitted comments and participated in the hearing for approval or disapproval of the submission;
(iii) the Approval Authority shall ensure that the submission and any comments upon said submission are available to the public for inspection and copying at the EPD offices in Atlanta during normal business hours;
(iv) mailing to adjoining State whose waters may be affected; and
(v) mailing to designated 208 planning agencies; Federal and State fish, shellfish and wildlife resource agencies; upon request to other appropriate government agencies; and to any other person or group including those on the appropriate EPD mailing list.
(6) Notification of POTW Pretreatment Program Approval.
(a) Notification of any final approval of a POTW pretreatment program will be forwarded to the POTW in writing including any conditions or special requirements for compliance schedules, monitoring and reporting both for the POTW and the industrial user in accordance with 40 CFR 403.12.
(b) When the POTW accepts the approval and any specific conditions or requirements that are a part of the approval notification by the Approval Authority, procedures will be started to revise, modify and reissue the POTW's discharge permit to include compliance with Rules 391-3-6-.08 and 391-3-6-.09, and the approved POTW pretreatment program as enforceable conditions of the POTW's permit. The modification of a POTW's discharge permit for the purposes of incorporating a POTW pretreatment program approved by the Approval Authority in accordance with 40 CFR 403.11 and this Paragraph shall be deemed a minor permit modification subject to the procedures in 40 CFR 122.63.
(7) Modification of POTW Pretreatment Program.
(a) Either the EPD or a POTW with an approved POTW pretreatment program may initiate program modification at any time to reflect exchanging conditions at the POTW. Program modification is necessary whenever there is a significant change in the operation of the POTW pretreatment program that differs from the information in the POTW submission as approved by the Approval Authority. Any approved POTW pretreatment program identified by the EPD that needs to modify its program to incorporate requirements that have resulted from revision to Paragraph 391-3-6-.08 through 391-3-6-.10 or any other applicable paragraph revision shall develop and submit to the EPD for approval such program modification no later than one (1) year after written notification from the EPD to modify the program.
(b) POTW pretreatment program modifications shall be accomplished as follows:
1. For substantial modifications as defined in Subparagraph 391-3-6-.09 (7)(c):
(i) the POTW shall submit to the EPD a statement of the basis for the desired modification, a modified program description or such other documents the Approval Authority determines to be necessary under the circumstances;
(ii) the Approval Authority shall approve or disapprove the modifications based on the requirements of 40 CFR 403.8(f), following the procedures in Subparagraph 391-3-6-.09 (4) -(6);
(iii) the modification shall be incorporated into the POTW discharge permit after approval. The POTW's discharge permit will be modified to incorporate the approved modification in accordance with 40 CFR 122.63(g);
(iv) the modification shall become effective upon approval by the Approval Authority. Notice of approval shall be published in the same newspaper as the notice of original request for approval of the modification under Subparagraph 391-3-6-.09 (5)(a) 1.(iii).
2. The POTW shall notify the EPD of any other (i.e., non-substantial) modifications to its pretreatment program at least thirty (30) days prior to when they are to be implemented by the POTW, in a statement similar to that provided for in Subparagraph 391-3-6-.09 (7)(b) 1.(i). Such non-substantial program modification shall be deemed to be approved by the Approval Authority, unless the EPD determines that a modification submitted is in fact a substantial modification thirty (30) days after the submission of the POTWs statement. Following such approval by the Approval Authority, such modifications shall be incorporated into the POTW's discharge permit in accordance with 40 CFR 122.63(g). If the EPD determines that a modification reported by a POTW in its statement is in fact a substantial modification, the EPD shall notify the POTW and initiate the procedures in Subparagraph 391-3-6-.09 (7)(b) 1.
(c) Substantial modifications.
1. The following are substantial modifications for purposes of this Subparagraph:
(i) changes to the POTW's legal authorities;
(ii) changes to local limits;
(iii) changes to the POTW's control mechanism as described in 40 CFR 403.8(f)(1)(iii);
(iv) changes to the POTW's method for implementing categorical pretreatment standards;
(v) a decrease in the frequency of self-monitoring or reporting required of industrial users;
(vi) a decrease in the frequency of industrial user inspection or sampling by the POTW;
(vii) changes to the POTW's confidentiality procedures;
(viii) significant reduction in the POTW's pretreatment program resources (including personnel commitments, equipments, and funding levels); or
(ix) changes in the POTW's sludge disposal and management practices.
2. The Approval Authority may designate other specific modifications in additional to those listed in Subparagraph 391-3-6-.09 (7)(c) 1. as substantial modifications.
3. A modification that is not included in Subparagraph 391-3-6-.09 (7)(c) 1. is none the less a substantial modification for purposes of this Subparagraph if the modification:
(i) would have a significant impact on the operation of the POTW's pretreatment program;
(ii) would result in an increase in pollutant loadings at the POTW's or
(iii) would result in less stringent requirements being imposed on industrial users of the POTW.
(d) The POTW shall prepare a list of its industrial users meeting the criteria in Subparagraphs 391-3-6-.08 (2)(u) 1.(i) and 2. applicable to each industrial user and, for industrial users meeting the criteria in Subparagraphs 391-3-6-.08 (2)(u) 1.(ii) shall also indicate whether the POTW has made a determination pursuant to Subparagraph 391-3-6-.08 (2)(u) that such industrial user should be considered a significant industrial user. This list, and any subsequent modification thereto, shall be submitted to the EPD as a nonsubstantial program modification pursuant to Subparagraph 391-3-6-.09 (7)(b) 2. Discretionary designations or de-designations by the POTW pretreatment program shall be deemed to be approved by the EPD ninety (90) days after submission of the list or modifications thereto, unless EPD determines that a modification is in fact a substantial modification.
(8) Compliance Monitoring and Reporting Requirements for POTW Pretreatment Programs and the EPD Pretreatment Program.
(a) Both the EPD and each POTW pretreatment program shall develop and implement procedures to ensure compliance with the requirements of a pretreatment program. At a minimum, these procedures shall enable the Control Authority to:
1. Identify and locate all possible industrial users which might be subject to the pretreatment program;
2. Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under Subparagraph 391-3-6-.09 (8)(a) 1.;
3. Notify industrial users identified under Subparagraph 391-3-6-.09 (8)(a) 1. of applicable pretreatment standards and applicable pretreatment requirements under Sections 204(b) and 405 of the Federal Act and Subtitles C and D of the Resource Conversation and Recovery Act. Within 30 days of approval pursuant to 40 CFR 403.8(f)(6), of a list of significant industrial users, notify each significant industrial user of its status as such and all requirements applicable to it as a result of such status;
4. Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in 40 CFR 403.12;
5. Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year except as otherwise specified below:
(i) Where the Control Authority has authorized the industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard in accordance with 40 CFR 403.12(e)(3), the Control Authority must sample for the waived pollutant(s) at least once during the term of the categorical industrial user's control mechanism. In the event that the Control Authority subsequently determines that a waived pollutant is present or is expected to be present in the industrial user's wastewater based on changes that occur in the industrial user's operations, the Control Authority must immediately begin at least annual effluent monitoring of the industrial user's discharge and inspection.
(ii) Where the Control Authority has determined that an industrial user meets the criteria for classification as a Non-Significant Categorical Industrial User, the Control Authority must evaluate, at least once per year, whether an industrial user continues to meet the criteria in 40 CFR 403.3(v)(2).
(iii) In the case of industrial users subject to reduced reporting requirements under 40 CFR 403.12(e)(3), the Control Authority must randomly sample and analyze the effluent from industrial users and conduct inspections at least once every two years. If the industrial user no longer meets the conditions for reduced reporting in 40 CFR 403.12(e)(3), the Control Authority must immediately begin sampling and inspecting the industrial user at least once a year.
6. Evaluate, within one year whether each such significant industrial user needs a plan or other action to control slug discharges. Additional significant industrial users must be evaluated within 1 year of being designated a significant industrial user. If the Control Authority decides that a slug control plan is needed, the plan shall be based on the requirements in 40 CFR 403.8(f)(2)(vi).
7. Investigate instances of noncompliance with pretreatment standards and requirements, as indicated in the reports and notices required under 40 CFR 403.12 or indicated by analysis, inspection, and surveillance activities described in Subparagraph 391-3-6-.09 (8)(a) 5. Sample taking and analysis and the collection of other information shall be performed using appropriate procedures to produce evidence admissible in enforcement proceedings or in judicial actions;
8. Comply with the public participation requirement of 40 CFR Parts 25 in the enforcement of national pretreatment standards. These procedures shall include provision for at least annual public notification, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirement as defined under Subparagraph 391-3-6-.08 (2)(v); and
9. Deny or condition new increased contributions of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contribution would cause the POTW to violate its NPDES Permit.
(b) Both the EPD pretreatment program and each POTW pretreatment program shall require the following industrial user reports and notification for their regulated industrial users:
1. Notice of potential problems including slug loading as described in 40 CFR 403.12(f);
2. Report on the monitoring and analysis to demonstrate continued compliance as described in 40 CFR 403.12(g)(1)-(6);
3. Reports for industrial users not subject to categorical pretreatment standards as described in 40 CFR 403.12(h);
4. Notification of changed discharge as described under 40 CFR 403.12(j);
5. Notification of discharge of hazardous waste as described in 403.12(p)(1)-(4).
6. Baseline reports as described in 40 CFR 403.12(b)(1)-(7);
7. Compliance scheduling and progress reports as described in 40 CFR 403.12(c)(1)-(3);
8. Report on compliance with categorical pretreatment standards deadlines as described in 40 CFR 403.12(d);
9. Periodic reports on continued compliance as described in 40 CFR 403.12(e)(1)-(5); and
10. Annual certification by Non-Significant Categorical Industrial Users (as defined in Subparagraph 391-3-6-.08 (2)(r)(2) ) as required in 40 CFR 403.12(q).
(c) Signatory requirements for industrial user reports and POTW pretreatment program reports shall comply with requirements described in 40 CFR 403.12(l) and (m), respectively.
(d) Records keeping for industrial users and POTW pretreatment programs shall comply with the requirements described in 40 CFR 403.12(o).
(e) The EPD may require a POTW pretreatment program to sample and analyze the POTW influent, effluent and/or sludge for the toxic priority pollutants as listed under Subparagraphs 391-3-6-.03 (5)(e)(i)(ii) and (iii) and any other identified pollutants at a frequency that adequately characterizes pollutant loading at the POTW. In addition, the POTW pretreatment program may be required to conduct biomonitoring of the POTW effluent.
(f) A Control Authority that chooses to receive electronic documents must satisfy the requirements of 40 CFR Part 3 (Electronic Reporting).
(9) Legal Authority Requirements for Control Authorities.
(a) Each Control Authority shall operate pursuant to a legal authority enforceable in Federal, State or local courts, which authorizes or enables the Control Authority to apply and to enforce the requirements of sections 307(b) and (c), and 402(b)(8) of the Federal Act and any regulations implementing those sections. Such authority may be contained in a statute, ordinance, or series of contracts or joint powers agreement, which the Control Authority is authorized to enact, enter into or implement and which are authorized by the Act or State law. At a minimum, this legal authority shall enable the Control Authority to:
1. Require compliance with applicable pretreatment standards and requirements by industrial users.
2. Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.
3. Control through permit, order, or similar means, the contribution to the POTW by each industrial user to ensure compliance with applicable pretreatment standards and requirements. In case of industrial users identified as significant under Subparagraph 391-3-6-.08 (2)(u), this control shall be achieved through individual permits or equivalent individual control mechanism issued to each such user except as follows.
(i) At the discretion of the Control Authority, this control may include use of general control mechanisms if the following conditions are met. All of the facilities to be covered must:
(I) Involve the same or substantially similar types of operations;
(II) Discharge the same types of wastes;
(III) Require the same effluent limitations;
(IV) Require the same or similar monitoring; and
(V) In the opinion of the Control Authority, are more appropriately controlled under a general control mechanism than under individual control mechanisms.
(ii) To be covered by the general control mechanism, a significant industrial user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general control mechanism, any requests in accordance with 40 CFR 403.12(e)(2) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the Control Authority deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general control mechanism until after the Control Authority has provided written notice to the significant industrial user that such a waiver request has been granted in accordance with 40 CFR 403.12(e)(2). The Control Authority must retain a copy of the general control mechanism, documentation to support the Control Authority's determination that a specific significant industrial user meets the criteria in 40 CFR 403.8(f)(1)(iii)(A)(1) through (f)(1)(iii)(A)(5), and a copy of the significant industrial user's written request for coverage for 3 years after the expiration of the general control mechanism. A Control Authority may not control a significant industrial user through a general control mechanism where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day, or for industrial users whose limits are based on the combined wastestream formula in 40 CFR 403.6(e). Both individual and general control mechanisms must, be enforceable and contain the minimum conditions described in 40 CFR 403.8(f)(1)(iii)(B)(1)-(6). Each pretreatment permit will include, where appropriate, conditions and limits which ensure that concentration and mass limit requirements under 40 CFR 403.6(c)(1)-(9), dilution prohibition requirements under 40 CFR 403.6(d) and combined wastestream formula requirements under 40 CFR 403.6(e)(1)-(4) are complied with;
4. Require the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements and the submission of all notices and self-monitoring reports from industrial users with pretreatment standards and requirements, including, but not limited to the reports required in 40 CFR 403.12;
5. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under 40 CFR 403.12(o) to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under Section 308 of the Federal Act;
6. Obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement. All POTW's shall be able to seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements. All POTW's shall also have authority to seek or assess civil or criminal penalties in at least the amount of $1,000 a day for each violation by industrial users of pretreatment standards and requirements. Pretreatment requirements which will be enforced through the remedies set forth in this Subparagraph will include but not be limited to, the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations or orders issued by the POTW; any requirements set forth in control mechanisms issued by the POTW; or any reporting requirements imposed by the POTW; or any reporting requirements imposed by the POTW or these regulations. The POTW shall have authority and procedures (after informal notice to the discharger) to immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW shall also have authority and procedures (which shall include notice to the affected industrial users and an opportunity to respond) to halt or prevent an endangerment to the environment or which threatens to interfere with the operation of the POTW. The EPD shall have the authority to take additional enforcement action when the EPD determines that the Control Authority's enforcement response to noncompliance by an industrial user is insufficient;
7. Comply with the confidentiality requirements set forth in 40 CFR 403.14.
(b) The Control Authority shall develop and implement an enforcement response plan which contains detailed procedures indicating how a POTW will investigate and respond to instances of industrial user noncompliance. The plan shall be developed in accordance with requirements described in 40 CFR 403.8(f)(5).
(c) Control Authority shall ensure that industrial users comply with the deadline for compliance with categorical standards as described in 40 CFR 403.6(b) or take appropriate enforcement actions to address noncompliance with 40 CFR 403.6(b) through the enforcement response plan under subparagraph 391-3-6-.09 (9)(b).
(d) Control Authority shall ensure that proper legal authority exists to require industrial user compliance with the general prohibitions under 40 CFR 403.5(a)(1), the specific prohibitions under 40 CFR 403.5(b)(1)-(8) and local limits under 40 CFR 403.5(c) and (d). The Control Authority shall develop and enforce specific limits as described under 40 CFR 403.5(c) and (d) to implement the prohibitions listed in 40 CFR 403.5(a)(1) and 40 CFR 403.5(b)(1)-(8). The Control Authority shall continue to develop these limits as necessary and effectively enforce such limits.
(10) POTW Pretreatment Program Annual Report.

Each POTW pretreatment program shall provide the Approval Authority with a report that describes POTW program activities including activities of all participating agencies if more than one jurisdiction is involved in the local program. The report required by this subparagraph shall be submitted no later than one year after approval of the POTW's pretreatment program and at least annually thereafter and shall include, at a minimum, the information required in 40 CFR 403.12(i).

(11) Approval Authority Oversight of POTW Pretreatment Programs.

The Approval Authority retains the authority to enforce all pretreatment standards (including categorical standards, prohibited discharge standards, and local limits as described in 40 CFR 403 ) in cases where the Approval Authority determines that insufficient enforcement action has been taken by the POTW pretreatment program against industrial users. The Approval Authority also has the legal authority to review self-monitoring reports submitted by the industrial users described in 40 CFR 403.10(f)(1)(ii) and to carry out inspection surveillance, and monitoring procedures as described in 40 CFR 403.10(f)(1)(iii). The Approval Authority also has the legal authority to obtain remedies for noncompliance as described in 40 CFR 403.8(f)(1)(vi).

(12) Enforcement.

Any person who violates any provision of the Act, any rule promulgated and adopted pursuant thereto, or any term, condition, schedule or compliance or other requirements contained in a permit issued pursuant to the Act shall be subject to enforcement proceedings pursuant to the Act. Any reports submitted to the Control Authority or Approval Authority are also subject to the conditions of 40 CFR 403.12(n) and applicable Georgia laws.

Rule 391-3-6-.10 Determinations of Categorization of Industrial Users and Requests for Fundamentally Different Factor

(1) Purpose. The purpose of Rule 391-3-6-.10 is to provide for uniform procedures and practices to be followed for the determination of categorization of industrial users and requests for variances for fundamentally different factors. Such determinations will be applicable to the approved local POTW pretreatment programs and the pretreatment programs supervised and operated by the EPD.
(2) Definitions. All terms used in this paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in the Paragraph or in any other Paragraph of these Rules.
(3) Determinations on Categorization of Industrial Users.
(a) Within thirty (30) days after the effective date of a pretreatment standard for a sub-category under which an industrial user believes itself to be included, the industrial user or POTW may request that the Director provide written certification to the effect that the industrial user does or does not fall within the particular category. If an existing industrial user adds or changes a process or operation which may be included in a sub-category, the existing industrial user must request this certification prior to commencing discharge from the added or changed process or operation. A new source must request this certification prior to commencing discharge. Where a request for certification is submitted by a POTW, that POTW shall notify any affected industrial user of such submission. The industrial user may provide written comments on the POTW submission to the EPD within thirty (30) days of notification. Each request shall contain a statement:
1. Describing which sub-categories might be applicable;
2. Citing evidence and reasons why a particular sub-category is applicable and why others are not applicable. Each statement shall contain a certification stating that the facts contained therein are true on the basis of the applicant's personal knowledge or to the best of his information and belief. The certification shall be attested to by a notary public and be specifically as written in 40 CFR 403.6(a)(2)(ii).
(b) The Director will act only on written requests for determinations that contain all of the information required. Persons who have made incomplete submissions will be notified by the Director that their requests are deficient and unless the time period is extended they will be given thirty (30) days to correct the deficiency. If the deficiency is not corrected within thirty (30) days or within an extended period allowed by the Director the request for a determination shall be denied.
(c) When the Director determines that all of the information required by this Subparagraph, any additional evidence that may have been requested and any other available information relevant to the request has been submitted, he will make a written determination of the applicable sub-category and state the reasons for his determination. The Director shall forward the written determination described in this Subparagraph to the Regional Administrator of EPA in accordance with 40 CFR 124.62(e)(1) who may make a final determination. If the Regional Administrator does not modify the Director's decision within sixty (60) days after receipt thereof, the Director's decision is final.
(d) The Director shall send a copy of his determination to the affected industrial user and POTW. When the final determination is made by the Regional Administrator of EPA, he shall send a copy of his determination to the Director and the Director will forward it to the affected industrial user and POTW.
(e) If an industrial users fails to seek the certification referred to in Subparagraph 391-3-6-.10 (3) within the prescribed thirty (30) day period or to contest a negative determination through administrative channels provided, they will be bound by a subsequent determination made by the Director as to the sub-category under which an industrial user should be included.
(4) Fundamentally Different Factors Variances.
(a) Requests for a variance from categorical pretreatment standards for fundamentally different factors and supporting evidence must be submitted in writing to the Director within ninety (90) days after promulgation by the EPA of the categorical pretreatment standards.
1. Written submissions for variance requests submitted to the Director must include:
(i) the name and address of the person making the request;
(ii) identification of the interest of the requestor which is affected by the categorical pretreatment standard for which the variance is requested:
(iii) identification of the POTW currently receiving the waste from the industrial user for which alternative discharge limits are requested;
(iv) identification of the categorical pretreatment standards which are applicable to the industrial user;
(v) a list of each pollutant or pollutant parameter for which an alternative discharge limit is sought;
(vi) the alternative discharge limits proposed by the requestor for each pollutant or pollutant parameter identified in Subparagraph 391-3-6-.10 (4)(a) 1.(v);
(vii) a description of the industrial user's existing water pollution control facilities;
(viii) a schematic flow representation of the industrial user's water system including water supply processed wastewater systems, and point of discharge; and
(ix) a statement of facts clearly establishing why the variance requests should be approved, including detailed support data, documentation, and evidence necessary to fully evaluate the merits of the request, including technical and economic data collected by the EPA and used in developing each pollutant discharge limit in the pretreatment standard.
(b) The Director will only act on written requests for variances that contain all of the information required. Persons who have made incomplete submissions will be notified by the Director that their requests are deficient and unless the time period is extended, will be given thirty (30) days to correct the deficiency. If the deficiency is not corrected within the thirty (30) days or within an extended period allowed by the Director, the request for variance shall be denied.
(c) When the Director receives a submittal from a person making a request, he will, after determining that it contains all of the information required by Subparagraph 391-3-6-.10 (4)(a), consider the submission, any additional evidence that may have been requested, and any other available information relevant to the request. The Director will then make a written finding indicating whether or not there are factors which are fundamentally different for that industrial user, from those factors considered in the development of the appropriate categorical pretreatment standards. This preliminary finding will include the reasons as to whether or not the variance should be granted.
(d) When the Director finds that fundamentally different factors do not exist, he may deny the request and notify the requestor and the industrial user, where they are not the same, of the denial.
(e) When the Director finds that fundamentally different factors do exist, he shall forward the request and a written recommendation that the request be approved to the Regional Administrator of EPA. If upon review of the recommended approval submitted by the Director, the Regional Administrator of EPA finds that fundamentally different factors do exist and that a partial or full variance is justified, he will approve the variance.
(f) A request for a variance based upon fundamentally different factors shall be approved only if the applicable criteria are met as described in 40 CFR 403.13(c). A review of each request shall be made based upon factors considered fundamentally different as described in 40 CFR 403.13(d) and factors which will not be considered fundamentally different as described in 40 CFR 403.13(e).
(5) Enforcement. Any person who violates any provision of the Act, any rule promulgated and adopted pursuant thereto, or any term, condition, schedule or compliance or other requirements contained in a permit issued pursuant to the Act shall be subject to enforcement proceedings pursuant to the Act.

Rule 391-3-6-.11 Land Disposal and Permit Requirements

(1) Purpose. The purpose of Rule 391-3-6-.11 is to provide for the degree of pollutant treatment required and the uniform procedures and practices to be followed relating to the application for and the issuance or revocation or permits for the discharge of pollutants into land disposal or land treatment systems and then into the waters of the State.
(2) Definitions. All terms used in this Paragraph shall be interpreted in accordance with the definitions as set forth in the Act unless otherwise defined in this Paragraph or in any other Paragraph of these Rules:
(a) "Act" means the Georgia Water Quality Control Act, as amended;
(b) "Land disposal system" means any method of disposing of pollutants in which the pollutants are applied to the surface or beneath the surface of a parcel of land and which results in the pollutants percolating, infiltrating, or being absorbed into the soil and then into the waters of the State. Land disposal systems exclude landfills and sanitary landfills but include ponds, basins, or lagoons used for disposal of wastes or wastewaters, where evaporation and/or percolation of the wastes or wastewaters are used or intended to be used to prevent point discharge of pollutants into waters of the State. Septic tank systems, as defined in Chapter 270-5-25-.01 and as approved by appropriate County Boards of Public Health, are not considered land disposal systems for purposes of Chapter 391-3-6-.11.
(c) "Land treatment system" means any land disposal system in which vegetation on the site is used to removed some of the pollutants applied;
(d) "Treatment requirement" means any restriction or prohibition established under the Act on quantities, rates, or concentrations, or a combination thereof, of chemical, physical, biological, or other constituents which are discharged into a land disposal or land treatment system and then into the waters of the State, including but not limited to schedules of compliance;
(e) "Land disposal system permit application" means an application filed by any persons with the Director for a land disposal system permit:
(f) "Land disposal system permit" means any permit issued by the Division to regulate the discharge of any pollutant into a land disposal or land treatment system;
(g) "Hydraulic loading rate" is the rate at which wastes or wastewaters are discharged to a land disposal or land treatment system, expressed in volume per unit area per unit time or depth of water per unit area per unit.
(3) Land Disposal System Permit Requirement. Any person discharging or proposing to discharge domestic, municipal, commercial, or industrial wastes or wastewaters into a land disposal or land treatment system and then into the waters of the State, under any of the circumstances described in Section 10 of the Act, shall obtain a permit from the Division to make such a discharge. Owners of land disposal or land treatment systems which employ overland flow, subsurface drain fields, or other techniques which result in one or more point discharges into surface waters of the State, must obtain an NPDES permit and will not be issued a land disposal system permit. The provisions of Section 391-3-6-.08 regarding pretreatment apply to publicly owned treatment works which employ land disposal or land treatment systems.
(4) Degree of Pollutant Treatment Required.
(a) All pollutants discharged into land disposal or land treatment system shall receive such treatment or corrective action so as to insure compliance with the terms and conditions of the issued land disposal system permit. The Division has the authority to establish the degree of treatment required before the pollutant is discharged to a land disposal or a land treatment system and then into waters of the State.
(b) Any pollutants which are being discharged or are intended to be discharged to a land disposal or land treatment system in amounts or concentrations which could be toxic or otherwise harmful to humans or biota if those pollutants mingle with waters of the State, or in amounts or concentrations which could reduce or impair the usefulness or operation of the land disposal or land treatment system, must receive such treatment as the Division may specify prior to being discharged to the land disposal or land treatment system.
(c) The hydraulic loading rate for any land disposal or land treatment system shall be determined based upon a technical analysis of soils and vegetation in the system area, climatic data characteristics of the wastes to be disposed or treated, and previous experience with similar systems. Hydraulic loading rates may not exceed those established in guidelines issued by the Division unless such technical analysis proves tot the satisfaction of the Division that higher rates can be used.
(d) No land disposal system permit shall be issued authorizing the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste into a land disposal or land treatment system.
(e) The groundwater leaving the land disposal systems boundaries must not exceed maximum contaminant levels for drinking water in accordance with Chapter 391-3-5 and subsequent amendments.
(5) Application for a Land Disposal System Permit.
(a) Applications for a land disposal system permit under Section 10 of the Act shall be on forms as may be prescribed and furnished from time to time by the Division. Applications shall be accomplished by all pertinent information as the Division may require in order to establish pollutant treatment requirements in accordance with subparagraph 391-3-6-.11 (4), including but not limited to complete engineering reports, schedule of progress, plans, specifications, maps, measurements, quantitative and qualitative determinations, records, and all related materials.
(b) Engineering reports, plans, and specifications submitted to the Division in support of a land disposal system permit application shall be prepared by a professional engineer, competent in the field of sewage and industrial waste treatment. Other materials in support of engineering reports, plans, specifications, and permit applications may be prepared by other persons competent in the field of land disposal or land treatment system technology.
(c) Materials submitted shall be complete and accurate.
(d) Any land disposal system permit application form or any other form submitted to the Division shall be signed as follows in accordance with the Federal Regulations 40 CFR 122.22:
1. For a corporation, by a responsible corporate officer. For this subparagraph a responsible corporate officer means:
(i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or
(ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively;

or

3. For a municipality, State, Federal, or other public facility, by either a principal executive officer or ranking elected official.
(e) All other reports or requests for information required by the permit issuing authority shall be signed by a person designated in (d) above or a duly authorized representative of such person; if:
1. The representative so authorized is responsible for the overall operation of the facility from which the discharged originates, e.g., a plant manager, superintendent or person of equivalent responsibility;
2. The authorization is made in writing by the person designated under (d) above: and
3. The written authorization is submitted to the Director.
(f) Any changes in the written authorization submitted to the permitting authority under (e) above which occur after the issuance of a permit shall be reported to the permitting authority by submitting a copy of a new written authorization which meets the requirements of (e)1. and 2. above.
(g) Any person signing any document under (d) or (e) above shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Comment: The permit application will be revised to incorporate this statement. Where a permit program document does not contain the statement, the certification must accompany the appropriate document.

(6) Notice and Public Participation.
(a) Tentative determination and draft permits:
1. When the Division is satisfied that the application is complete, a tentative determination will be made to issue or deny the land disposal system permit. If the tentative determination is to issue the permit, a draft permit will be prepared in accordance with applicable State law prior to the issuance of a public notice. If the tentative determination is to deny the permit the applicant will be notified in writing by the Director and such notification shall include suggested revisions and modifications necessary to meet the requirements for a land disposal system permit.
(b) Public Notice:
1. Public notice of every approvable land disposal system permit application will be prepared and circulated in a manner designed to inform interested and potentially interested persons of the proposed pollutant discharge and of the proposed determination to issue a permit for the proposed pollutant discharge into a land disposal system and then into waters of the State. Procedures for circulation of the public notice shall include the following:
(i) Issuance of a news release to one (1) or more newspaper of general circulation in the area of the applicant;
(ii) A copy of the public notice shall be mailed to the land disposal system permit applicant and a copy shall be available for review and inspection at the Division office in Atlanta;
(iii) Mailing of the public notice to any persons or group upon written request to the Division. The Division shall maintain a mailing list for distribution of public notices for land disposal system permits. Any person or group may request that their names be added to the mailing list. The request should be in writing to the Division office in Atlanta and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list for the land disposal system permit notification;
(iv) The Division shall provide a period of not less than thirty (30) days following the date of the public notice in which interested persons may submit their written views on the tentative determination with respect to the land disposal system permit application. All written comments submitted during the thirty (30) day comment period will be retained by the Division and considered in the final determination with respect to the land disposal system permit application. The comment period may be extended at the discretion of the Director.
(c) Public Hearing:
1. The Director shall provide an opportunity for an applicant, any affected state or interstate agency, or any other interested agency, person or group of persons to request a public hearing with respect to a land disposal system permit application. Any such request for a public hearing shall be filed within the thirty (30) day comment period prescribed in subparagraph 32-3-6-.11 (6)(b) 1.(iv) and shall indicate the interest of the party filing such request, reasons why a hearing is requested and those specific portions of the application or other land disposal system form or information to be considered at the public hearing. The Director shall hold a hearing if he determines that there is sufficient public interest in holding such a hearing;
2. Any public hearing held pursuant to this subparagraph shall be held in the geographical area of the proposed pollutant discharge into a land disposal system and then into waters of the State, or other appropriate location at the discretion of the Director;
3. The Director may hold one public hearing on related groups of land disposal system permit applications;
4. Public notice of any hearing held pursuant to this subparagraph shall be provided at least thirty (30) days in advance of the hearing date and shall be circulated in accordance with the public notification procedures in subparagraph 391-3-6-.11 (6)(b).
(7) Schedule of Compliance.
(a) Any person who obtains a land disposal system permit pursuant to the Act but who is not in compliance with applicable pollutant treatment requirements and limitations or other requirements contained in such permit at the time same is issued, shall be required to achieve compliance with such pollutant treatment requirements and limitations or other requirements in accordance with the schedule of compliance as set forth in such permit, or in the absence of a schedule of compliance, by the date set forth in such permit which the Director has determined to be the shortest reasonable period of time necessary to achieve compliance;
(b) Within 14 days after an interim date of compliance or the final date of compliance specified in a land disposal system permits, the permittee shall provide the Director with written notice of his compliance or non-compliance with requirements and conditions specified to be completed by such date. Failure to submit the written notice is just cause for the Division to pursue enforcement action pursuant to the Act;
(c) A permittee who fails or refuses to comply with an interim or final date of compliance specified in a land disposal system permit may be deemed by the Director to be in violation of the permit and may be subject to enforcement action pursuant to the act.
(8) Monitoring, Recording and Reporting Requirements.
(a) Any pollutant discharge into a land disposal or land treatment system and then into the waters of the State authorized by a land disposal system permit issued pursuant to the Act may be subject to such monitoring, recording and reporting requirements as may be reasonably required by the Director including the installation, use and maintenance of monitoring equipment or methods, including monitoring wells; specific requirements for recording of monitoring activities and results; and periodic reporting of monitoring results. The monitoring, recording and reporting requirements shall be specified in a permit when issued, provided, however, the Director may modify or require additional monitoring, recording and reporting by written notification to the permittee.
(b) The permittee shall be required to retain any records of monitoring activities and results for a minimum of three (3) years, unless otherwise required or extended by the Director upon written notification.
(c) Any holder of a permit which requires monitoring of the authorized pollutant discharge into a land disposal or land treatment system and then into the waters of the State shall report periodically to the Division results of all required monitoring activities on appropriate forms supplied by the Division. The Division shall notify the permittee of the frequency of reporting but in no case shall the reporting frequency be less than once per year.
(9) Modification, Suspension and Termination of Land Disposal System Permits.
(a) The Director may revise or modify the schedule of compliance set forth in an issued land disposal system permit if the permittee requests such modification or revision in writing. The Director may grant requests in accordance with this subparagraph if he determines after a documented showing by the permittee that good and valid cause (including acts of God, strikes, floods, material shortages or other events over which the permittee has little or no control) exists for such revision.
(b) The Director may modify, suspend or terminate an issued land disposal system permit in whole or in part during its term for cause, including, but not limited to, failure or refusal of the permittee to carry out the requirements of the Act or regulations promulgated pursuant thereto, and if within 30 days following receipt of such notice of such proposed modification, suspension or termination from the Director there is no objection by the permittee in writing. Prior to any such modification, suspension or termination of an issued land disposal system permit by the Director (other than modification or revision of compliance schedule pursuant to subparagraph (a) above or modification of the monitoring, recording or reporting requirements), the Director will provide public notice in accordance with procedures set forth in subparagraph 391-3-6-.11 (6)(b) and an opportunity for public hearing in accordance with the procedures set forth in subparagraph 391-3-6-.11 (6)(c)
(10) Non-governmentally Owned Sewerage Systems. In cases involving nongovernmentally owned sewerage systems, a trust indenture or other legal contract or agreement, approved by the Division, assuring continuity of operation of the system, may be required to be filed with the application for a permit. This provision shall not be applicable to systems treating or disposing only industrial waste.
(11) Duration and Transferability of Land Disposal System Permits.
(a) Any land disposal system permit issued under Section 10 of the Act shall have a fixed term not to exceed five years. Upon expiration of such permit a new permit may be issued by the Director, provided that an application for renewal is filed with the Director at least 180 days prior to the expiration date of the existing permit. The issuance of such new permit shall likewise have a fixed term not to exceed five years.
(b) A permit may be transferred to another person by a permittee if:
1. The permittee notifies the Director of the proposed transfer;
2. A written agreement containing a specific date for transfer of permit responsibility and coverage between the current and new permittees (including acknowledgement that the existing permittee is liable for violations up to that date, and that the new permittee is liable for violations from that date on) is submitted to the Director; and
3. The Director within thirty (30) days does not notify the current permittee and the new permittee of the Division's intent to modify, revoke and reissue, or terminate the permit and to require that new application be filed rather than agreeing to the transfer of the permit. A new application will be required when the change of ownership is accompanied by a change or proposed change in process or wastewater characteristics or a change or a potential change in any circumstances that the Director believes will affect the conditions or restrictions in the permit.
(12) Enforcement. Any person who violates any provision of the Act, any rule promulgated and adopted pursuant thereto, or any term, condition, schedule of compliance or other requirement contained in a permit issued pursuant to the Act shall be subject to enforcement proceedings pursuant to the Act.

Rule 391-3-6-.12 Wastewater Treatment Plant Classification

The following wastewater treatment plant classifications are established as minimum levels. Any plants which do not f it one of these classifications will be classified on a case-by-case basis by the Division. The Division may classify any plant at a higher level based on the complexity or location of the plant or critical uses of the receiving waters.

PLANT TYPE

PERMITTED FLOW (MGD)

CLASSIFICATION (RESPONSIBLE CHARGE OPERATOR)

Biological [suspended growth (i.e., activated sludge), fixed film (i.e., trickling filter) or land application]. See note 1

> 3.0

Class I

Biological [suspended growth (i.e., activated sludge), fixed film (i.e., trickling filter) or land application]. See note 1

> 1.0 to 3.0

Class II

Biological [suspended growth (i.e., activated sludge), fixed film (i.e., trickling filter) or land application]. See note 1

1.0

Class III

Biological, waste stabilization pondsand constructed Wetlands. See Note 1

Any

Class IV

Industrial

Any

Class Industrial or Biological Class I, II, or III

Note 1. This does not apply to industrial or industrial pretreatment facilities. It applies to municipa l and private wastewater treatment plants treating domestic or primarily domestic wastewaters. However, if the industrial treatment system is a biological system, it is recommended that the operator obtain a biological certification. Those industries who have a physical/chemical treatment system should have their operators obtain a Class Industrial certification.

Rule 391-3-6-.13 Underground Injection Control

(1) Purpose. The purpose of this rule, 391-3-6-.13 is to establish classes of injection wells, prohibitions, criteria and standards applicable to injection wells.
(2) Definitions. All terms used in this rule shall be interpreted in accordance with the definitions as set forth in the Act, unless otherwise defined in this Paragraph or in any other Paragraph of this Chapter. All federal regulations adopted by reference are those in effect as of January 1, 2000.
(a) "Abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.
(b) "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding water to a well or spring.
(c) "Area of review" means the area surrounding an injection well or field where migration of the injection and/or formation fluid into an underground source of drinking water may occur.
(d) "Casting" means a pipe or tubing of appropriate material of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground or to prevent water, gas or other fluid from entering or leaving the hole.
(e) "Catastrophic collapse" means the sudden and utter failure of overlying strata caused by the removal of underlying materials.
(f) "Cementing" means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing.
(g) "Cesspool" means a "drywell" that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides.
(h) "Class V septic system" means a "septic system" that handles sanitary and/or other wastes and has the capacity to serve 20 or more persons a day.
(i) "Confining bed" means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.
(j) "Confining zone" means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above or below an injection zone.
(k) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.
(l) "Conventional mine" means an open pit or underground excavation for the production of minerals.
(m) "Disposal well" means a well used for the disposal of waste into a subsurface stratum.
(n) "Drainage well" means a well used to drain surface water into a shallow aquifer. An induced recharge well which drains ground water from a shallow aquifer into a deeper aquifer is not a drainage well.
(o) "Drywell" means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids.
(p) "Exempted aquifer" means an aquifer or its portion that meets the criteria in the definition of underground source of drinking water but which has been exempted according to the procedures in Rule 391-3-6-.13(4) of this Chapter.
(q) "Facility, operations or activity" means any injection well or system.
(r) "Fluid" means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.
(s) "Formation" means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.
(t) "Formation fluid" means fluid present in a formation under natural conditions as opposed to introduced fluids, such as drilling mud.
(u) "Generator" means any person, by site location, whose act or process produces hazardous waste identified or listed in Federal Regulations, 40 C.F.R. Part 261.
(v) "Groundwater" means water below the land surface in the zone of saturation.
(w) "Grout" means a mixture of not more than six gallons of clear water to one 95-pound bag of Portland cement or a mixture of clear water and bentonite adequate to create an impervious seal. The mixture may contain additives in proper amounts as necessary to reduce shrinkage and increase compatibility of the grout to injection and formation fluids.
(x) "Hazardous waste" means a hazardous waste as defined by the Georgia Hazardous Waste Management Act, Georgia Laws 1979, p. 1127, et seq., and the rules adopted pursuant to the Act.
(y) "Hazardous waste management facility" means all contiguous land and structures, other appurtenances and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units.
(z) "Improved sinkhole" means a naturally occurring karst depression or other natural crevice found in other geologic settings which has been modified by man for the purpose of directing and emplacing fluids into the subsurface.
(aa) "Injection" means the subsurface emplacement of fluids.
(bb) "Injection well" means a well into which fluids are being or intended to be, injected.
(cc) "Injection zone" means a geological formation, group of formations, or part of a formation receiving fluids, through a well.
(dd) "Packer" means a device lowered into a well to produce a fluid-tight seal.
(ee) "Person" means any individual, corporation, association, partnership, county, municipality, State agency, Federal agency or facility or other entity.
(ff) "Plugging" means the act or process of stopping the flow of all fluids, including water, oil or gas into or out of a formation through a borehole or well penetrating that formation.
(gg) "Point of injection" means the last accessible sampling point prior to waste fluids being released into the subsurface environment through an injection well. For example, the point of injection of a Class V septic system might be the distribution box - the last accessible sampling point before the waste fluids drain into the underlying soils. For a drywell, it is likely to be the well bore itself.
(hh) "Radioactive waste" means any waste which contains radioactive material.
(ii) "Sanitary waste" means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes may include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the waste is not mixed with industrial waste.
(jj) "Septic system" means a "well" that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.
(kk) "Site" means the land or water area where any facility, operation or activity is physically located or conducted, including adjacent land used in connection with the facility, operation or activity.
(ll) "Stratum (plural strata)" means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.
(mm) "Subsidence" means the lowering of the natural land surface in response to: earth movements; lowering of fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (hydrocompaction); oxidation of organic matter in soils; or added load on the land surface.
(nn) "Subsurface fluid distribution system" means an assemblage of perforated pipes, drain tiles, or similar mechanisms intended to distribute fluids below the surface of the ground.
(oo) "Underground source of drinking water" means all aquifers or portions of aquifers which are not exempted aquifers.
(pp) "Waters or Waters of the State" includes any and all rivers, streams, creeks, branches, reservoirs, ponds, drainage systems, springs, wells, and all other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.
(qq) "Well" means an open bored, drilled or driven shaft, whose depth is greater than the largest surface dimension; or an open dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or a subsurface fluid distribution system. Ditches and drains, open or filled, are not wells.
(rr) "Well head protection area" means that land area delineated in accordance with Rule 391-3-5-.40.
(ss) "Well injection" means the subsurface emplacement of fluids through a well.
(tt) All other technical terms shall be defined in accordance to the definitions provided in Driscoll, F.G., 1996, Groundwater and wells, Johnson Division, St. Paul MN 55112.
(3) Classification of Injection Wells.
(a) Class I Wells. This class consists of industrial and municipal disposal wells that inject fluids other than hazardous waste or radioactive waste below the lowermost formation containing, within two (2) miles of the well bore (or greater distance if determined by the Director), an underground source of drinking water.
(b) Class II Wells.
1. This class consists of wells which inject fluids:
(i) which are brought to the surface in connection with conventional oil or natural gas production and which may be commingled with wastewaters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;
(ii) for enhanced recovery of oil or natural gas; and
(iii) for storage of hydrocarbons which are liquid at standard temperature and pressure.
(c) Class III Wells.
1. This class consists of wells which inject fluids for the extraction of minerals including:
(i) mining of sulfur by the Frasch method;
(ii) in situ production of uranium or other metals; this category includes only in situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stops leaching is included in Class V; and
(iii) solution mining of minerals, such as salt or potash.
(d) Class IV Wells.
1. This class consists of injection wells used by generators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous waste or radioactive waste into the subsurface or ground water.
2. Any septic tank, well or cesspool used by generators of hazardous or radioactive waste, or by owners or operators of hazardous or radioactive waste management facilities, to dispose of fluids containing hazardous or radioactive wastes into the subsurface or ground water.
3. The subsurface emplacement of hazardous waste or radioactive waste by well injection into the subsurface or waters of the State is hereby prohibited. No permit authorizing or establishing an effluent limitation inconsistent with the foregoing shall be issued.
(e) Class V wells consists of all injection wells not included in Classes I, II, III, or IV. Typically, Class V wells are shallow wells used to place a variety of fluids directly below the land surface. However, if the fluids placed in the ground qualify as a hazardous waste under the Resource Conservation and Recovery Act (RCRA), the well is a Class IV well, not a Class V well. Class V wells include, but are not limited to:
1. Air conditioning return flow wells or any other open-loop system used to return to the supply aquifer or any aquifer the water used for heating or cooling in a heat pump;
2. Large-capacity cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes have perforated sides. These requirements do not apply to single family residential cesspools nor to nonresidential cesspools which receive solely sanitary waste and have the capacity to serve fewer that 20 persons a day;
3. Cooling water return flow wells used to inject water previously used for cooling;
4. Drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation;
5. Drywells used for the injection of wastes into a subsurface formation;
6. Recharge wells used to replenish or store water in an aquifer;
7. Remediation wells used to inject water, air, oxygen, nutrients, or partly clean water to remediate sites contaminated with hydrocarbons or chemicals;
8. Salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;
9. Sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined out-portions of subsurface mines whether what is injected is a radioactive waste or not;
10. Septic system wells used to inject the waste or effluent from a multiple dwelling business establishment, community or regional business establishment septic system. These rules do not apply to single family residential septic system wells, nor to non-residential septic system wells that are used solely for the disposal of sanitary waste and have the capacity to serve fewer than 20 persons a day.
(4) Identification of Underground Sources of Drinking Water and Exempted Aquifers.
(a) The Director may identify by narrative description, illustrations, maps, or other means, and shall protect, except where exempted under subparagraph (b) of this paragraph, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an "underground source of drinking water" for the purposes of these rules. Unless specifically exempted by the Director under subparagraph (b) of this paragraph, all aquifers shall be considered, for the purposes of these rules, as underground sources of drinking water.
(b) The Director may identify by narrative description, illustrations, maps, or other means, all aquifers or parts of aquifers which the Director proposes to designate as an exempted aquifer, for the purposes of these rules, if it meets the following criteria:
1. It does not currently serve as a source of drinking water;
2. The total dissolved solids (TDS) is greater than 3,000 milligrams per liter;
3. Injection into the aquifer will not cause salt water to move into and contaminate underground sources of drinking water; and
4. It cannot now and will not in the future serve as a source of drinking water because;
(i) it is mineral, hydrocarbon or geothermal energy producing or can be demonstrated by a permit applicant for a Class II or III operation to contain minerals or hydrocarbons, that considering their quantity and location, are expected to be commercially producible based on available information; or
(ii) it is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or
(iii) it is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; or
(iv) it is located over a Class III mining area subject to subsidence or catastrophic collapse.
(c) For Class III wells, the Director shall require an applicant for a permit which necessitates an aquifer exemption to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method and a timetable of planned development of the mining zone shall be considered by the Director in addition to the information required by Rule 391-3-6-.13(6). Approval of the aquifer exemption shall be treated as a program revision under this paragraph.
(d) For Class II wells, a demonstration of commercial productibility shall be made as follows:
1. For a class II well to be used for enhanced oil recovery processes in a field or project containing aquifers from which hydrocarbons were previously produced, commercial productibility shall be presumed by the Director upon a demonstration by the applicant of historical production having occurred in the project area or field.
2. For Class II wells, not located in a field or project containing aquifers from which hydrocarbons were previously produced, information such as logs, core data, formation description, formation depth, formation thickness and formation parameters such as permeability and porosity shall be considered by the Director, to the extent such information is available.
(e) No designation of an exempted aquifer, for the purposes of these rules, shall be final until the Director has provided public notice and opportunity for a public hearing on the proposed designation and the designation has been approved by the Administrator.
(5) Prohibition of Movement of Fluid into Underground Sources of Drinking Water.
(a) No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under Georgia's Rules for Safe Drinking Water, Chapter 391-3-5-.1 B, or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this paragraph are met.
(b) Except for remediation wells, injection of fluids shall be prohibited in the inner management zone of any wellhead protection area defined by Rule 391-3-5-.40.
(6) Permit Application for Class I, II and III Wells.
(a) No person shall, in accordance with Section 10 of the Act, construct or operate a Class I, II, or III injection well without first having applied for, and obtained, an injection well permit from the Director. The requirements for Class II wells do not include permits for exploration, drilling and well construction for oil and/or gas production.
(b) The subsurface emplacement of hazardous waste or radioactive waste by well injection into the subsurface or waters of the State is hereby prohibited. No permit authorizing or establishing an effluent limitation inconsistent with the foregoing shall be issued.
(c) Applications for injection well permits for Class I, II or III injection wells shall be in accordance with Federal Regulations, 40 C.F.R. 144.11, 144.21, and 144.31. Applications shall be on forms as may be prescribed and furnished from time to time by the Division and shall be accompanied by all pertinent information as the Division may request including, but not limited to, the information the Director must consider for authorizing Class I, II or III wells as set forth in the Federal Regulations, 40 C.F.R. 146.14, 146.24 and 146.34.
(d) All permit applications and reports for Class I, II, or III injection wells shall be signed in accordance with the Federal Regulations, 40 C.F.R. 144.32, 146.12 and 146.22.
(e) When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.
(7) Notice and Public Participation for Class I, II and III Wells.
(a) When the Division is satisfied that the application is complete, a tentative determination will be made to issue or deny the permit. If the tentative determination is to issue the permit, a draft permit will be prepared in accordance with Federal Regulations, 40 C.F.R. 124.6 and applicable State laws prior to the issuance of a public notice.
(b) Public notice of the draft permit will be prepared and circulated in a manner designated to inform interested and potentially interested persons of the proposed injection and of the proposed determination to issue or deny a permit for the proposed injection. Procedures for circulation of the public notice shall include the following:
1. Within the geographical area of the proposed injection the public notice shall be circulated by at least one of the following: posting in the post office or other public buildings near the premises of the applicant in which the injection is located or posting at the entrance of the applicant's premises or nearby; and publication in one (1) or more newspapers of general circulation in the area affected by the injection;
2. Posting of the public notice in the Office of the Secretary of State;
3. A copy of the public notice shall be mailed to the applicant;
4. Mailing of the public notice to any person or group upon written request including persons solicited from area lists from past permit proceedings. The Division shall maintain a mailing list for distribution of public notices and fact sheets. Any person or group may request that their names be added to the mailing list. The request should be in writing to the Division and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list;
5. The Division shall provide a period of not less than thirty (30) days following the date of the public notice in which interested persons may submit their written views on the tentative determination with respect to the draft Injection Well Permit. All written comments submitted during the thirty (30) day comment period will be retained by the Division and considered in the final determination with respect to the permit application and shall be responded to in accordance with Federal Regulations, 40 C.F.R. 124.17. The comment period may be extended at the discretion of the Director;
6. The contents of the public notice will be in accordance with Federal Regulations, 40 C.F.R. 124.10;
7. The Division will prepare and distribute a fact sheet in accordance with Federal Regulations, 40 C.F.R. 124.8 and applicable State laws. A copy of the fact sheet will be available for public inspection at the Division office in Atlanta. Any person may request in writing a copy of the fact sheet and it will be provided. The Division shall add the name of any person or group upon request to the mailing list to receive copies of fact sheets;
8. The Division will prepare and distribute a statement of basis in accordance with Federal Regulations, 40 C.F.R. 124.7;
9. Copies of the draft permit shall be transmitted to the Regional Administrator for review and comments in such manner as the Director and Regional Administrator shall agree.
(c) The Director shall provide an opportunity for an applicant, any affected state or interstate agency, the Regional Administrator or any other interested agency, person or group of persons to request a public hearing with respect to an Injection Well Permit. Any such request for public hearing shall be filed within the 30 day comment period prescribed in subparagraph 391-3-6-.13 (7)(b) 5. and shall indicate the interest of the party filing such a request, the reasons why a hearing is requested, and those specific portions of the application or information to be considered at the public haring. The Director shall hold a hearing if he determines that there is sufficient public interest in holding such a hearing or if the Director desires to clarify a permitting decision:
1. Any public hearing held pursuant to this subparagraph shall be held in the geographical area of the proposed injection or other appropriate location at the discretion of the Director;
2. The Director may hold one public hearing on groups of related permit applications;
3. Public notice of any hearing held pursuant to this subparagraph shall be provided at least thirty (30) days in advance of the hearing date and shall be circulated in accordance with Federal Regulations, 40 C.F.R. 124.10(c) where applicable to State-issued permits.
(d) A copy of the administrative record for the final permit ( 40 C.F.R. 124.18(b)(1) ), including but not limited to the Injection Well Permit Application, public notice, fact sheet, statement of basis, draft permit and other well forms related thereto, written public comments of all governmental agencies thereon and other reports, files and information not involving methods or processes entitled to protection as trade secrets, and not including written public comments by any person, shall be available for public inspection and copying during normal business hours at the Division office in Atlanta and in addition shall be distributed in accordance with Federal Regulations, 40 C.F.R. 124.10(e). Public access to such information shall be in accordance with Federal Regulations, 40 C.F.R. 14.5.
(e) Any information submitted in an Injection Well Permit Application form together with reports, records or plans that are considered confidential by the applicant should be clearly labeled "Confidential" and be supported by a statement as to the reasons that such information should be considered confidential. If the Director, with the concurrence of the Regional Administrator, determines that such information is entitled to confidential protection, he shall label and handle same accordingly:
1. When the information being considered for confidential treatment is contained in the application, the Director shall forward such information to the Regional Administrator for his concurrence in any determination of confidentiality.
2. Any information accorded confidential status, whether or not contained in the application, shall be made available, upon written request, to the Regional Administrator or his authorized representative who shall maintain the information as confidential.
(f) Claims for confidentiality for the following will be denied:
1. The name and address of any permit applicant or permittee; or
2. Information which deals with the existence, absence, or level of contaminants in drinking water.
(8) Terms and Conditions of Permits for Class I, II, or III Wells.
(a) Terms and conditions under which an Injection Well will be permitted will be specified on the permit issued and shall be in accordance with Federal Regulations, 40 C.F.R. 144.4, 40 C.F.R. 144.51 and 40 C.F.R. 144.52, Rule 391-3-6-.13(9) of this Chapter and as may be additionally required by the Director.
(b) No Injection Well Permit shall be issued authorizing the movement of fluid containing any contaminant into underground sources of drinking water if the presence of that contaminant may cause a violation of any primary drinking water regulation set forth in Georgia Rules for Safe Drinking Water, Chapter 391-3-5, or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirement of this paragraph is met.
(c) When the corrective action plan as required in Paragraph 391-3-6-.13 (9) is adequate, the Director shall incorporate it into the permit as a condition. Where the Director's review of an application indicates that the permittee's plan is inadequate (based on the factors in Federal Regulations, 40 C.F.R. 146.07 ), the Director shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under paragraph (b) of this section, or deny the application.
1. No owner or operator of a new injection well may begin injection until all required corrective action has been taken.
2. The Director may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.
3. When setting corrective action requirements for Class III wells the Director shall consider the overall effect of the project on the hydraulic gradient in potentially affected underground sources of drinking water, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations above, the monitoring program required in Federal Regulations, 40 C.F.R. 146.33(b) shall be designed to verify the validity of such determination.
(d) The permittee shall report any monitoring or other information which indicates any contaminant that may cause an endangerment of an underground source of drinking water, any noncompliance that may endanger health or the environment, or any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between fresh water zones or underground sources of drinking water. Any noncompliance with a permit condition or malfunction of the injection information shall be reported by telephone to the Director within twenty-four (24) hours from the time the permittee becomes aware of the noncompliance and a written submission within five (5) days of the oral notification. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance including exact dates and times, the corrective action taken to reduce or eliminate the noncompliance, and the steps planned to prevent a recurrence of the noncompliance.
(e) The permittee is required to maintain financial responsibility and resources to close, plug and abandon the underground injection operation in a manner prescribed by the Director. The permittee must show evidence of financial responsibility to the Director by the submission of surety bond, or other adequate assurance, such as financial statements or other materials acceptable to the Director.
(f) The permittee shall operate the well so as not to exceed maximum injection volumes and pressures as necessary to assure that fractures are not initiated in the confining zone; that injected fluids do not migrate into fresh water zones or underground sources of drinking water; or that formation fluids are not displaced into underground sources of drinking water. The Director shall establish such volumes and pressure limits as permit conditions.
(g) Injection may not commence until construction is complete and written approval to commence has been given by the Director. The permittee shall submit notice of completion of construction to the Director including:
1. All available logging and testing program data on the well;
2. A demonstration of the mechanical integrity of the well;
3. The anticipated maximum pressure and flow rate at which the permittee will operate;
4. The results of the formation testing program;
5. The actual injection procedure;
6. The compatibility of injected waste with the fluids in the injection zone; and
7. The status of corrective action on defective wells in the area of review to prevent fluid movement into underground sources of drinking water.
(h) The permittee shall notify the Director in writing of any proposal to abandon an injection well and that the plugging and abandonment plan approved as part of the permit will be followed.
(i) A permit shall be issued for a period not to exceed five (5) years from the date of issuance. On expiration of the permit the permit shall become invalid and the injection prohibited unless application is made at least ninety (90) days prior to the expiration date for a reissuance of the permit. When a permittee has submitted a timely and sufficient application for a new Injection Well Permit and the Director is unable, through no fault of the permittee, to issue the new permit before the expiration date of the existing permit, then the Director shall extend the existing permit until a new permit is issued.
(j) A permit may be transferred to any person provided the permittee notifies the Director in writing at least 30 days in advance of the proposed transfer date and the transfer is approved by the Director.
(k) The permit does not convey any property rights of any sort or any exclusive privilege.
(l) The permit may be modified, revoked and reissued, or terminated for cause, or minor modifications may be made in accordance with Federal Regulations, 40 C.F.R. 124.5, 144.39 and 144.41. The permittee shall furnish the Director any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing or terminating permit or to determine compliance with the permit.
(m) The Director may terminate a permit during its term or deny a permit renewal for the following causes:
1. Noncompliance by the permittee with any conditions of the permit;
2. The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;
3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification of termination; or
4. A failure by the permittee to demonstrate that continuation of the operation under the permit will not result in degradation of the water quality.
(n) For Class I, II and III Wells, if any water quality monitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water, the Director shall prescribe such additional requirements for construction, corrective action, operation, monitoring or reporting (including closure of the injection well) as are necessary to prevent such movement.
(o) Notwithstanding any other provisions of this rule the Director may issue a temporary permit for a specific injection in accordance with the Federal Regulations, 40 C.F. R. 144.34.
(9) Corrective Action.
(a) Applicants for Class I, II, or III injection well permits shall identify the location of all known wells within the injection well's area of review which penetrate the injection zone, or in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review penetrating formations affected by the increase in pressure. For such wells which are improperly sealed, completed, or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water (corrective action). Where the plan is adequate, the Director shall incorporate it into the permit as a condition. Where the Director's review of an application indicates that the permittee's plan is inadequate (based on the factors in subparagraph 391-3-6-.13 (8)(c) ), the Director shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under subparagraph (b) of this paragraph or deny the application.
(b) In determining the adequacy of corrective action proposed by the applicant under this paragraph and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the Director;
1. Nature and volume of injected fluid;
2. Nature of native fluids or by-products of injection;
3. Potentially affected population;
4. Geology;
5. Hydrology;
6. History of the injection operation;
7. Completion and plugging records;
8. Abandonment procedures in effect at the time the well was abandoned; and
9. Hydraulic connections with underground sources of drinking water.
(10) Criteria and Standards Applicable to Class I, II, and III Injection Wells.
(a) Each permittee shall comply with the criteria and standards for underground injection control for Class I, II and III injection wells as set forth in the Federal Regulations, 40 C.F.R. 146.12, 146.22 and 146.32 and as may be additionally prescribed by the Director.
(b) All Class I wells shall be sited in such a fashion that they inject into a formation which is beneath the lowermost formation containing, within a two (2) mile radius of the well bore or greater if determined by the Director, an underground source of drinking water.
(c) All Class II wells shall be sited in such a fashion that they inject into a formation which is separated from an underground source of drinking water by a confining zone that is free of known open faults or fractures within the area of review.
(d) Operating, monitoring and reporting requirements shall be in accordance with Federal Regulations, 40 C.F.R. 146.13, 40 C.F.R. 146.23 and 40 C.F.R. 146.33 and as may be additionally prescribed by the Director.
(11) Permit Application for Class V Wells.
(a) Except as identified in subparagraph 1. below, no person shall, after the effective date of this rule, construct or operate a Class V injection well for the injection of contaminants or fluids unless authorized by a permit issued by the Director.
1. In accordance with O.C.G.A. 12-5-30(f), the use of a Class V septic system that handles only sanitary wastes shall be permitted under a General Permit issued by the Director. The General Permit and a list of all Class V septic systems shall be maintained in the offices of the Division.
(b) After the effective date of this rule, use of a new or existing Class V septic system that handles sanitary and/or other wastes shall be permitted by the Director provided that a written hydrogeologic determination has been made by a professional geologist or professional engineer registered in the State of Georgia in accordance with Chapter 19 or Chapter 15, respectively, of Title 43 that such a system does not endanger an underground source of drinking water nor is such a system within the inner management zone of any existing well head protection area. For those Class V septic systems that will be covered under the general land application system permit for large community systems, the Director will accept a hydrogeologic determination by a professional geologist or professional engineer or a written soil report prepared by a qualified soil scientist. The soil scientist will have qualifications meeting the requirements of O.C.G.A. 12-2-10(b) and must be certified by the Georgia Department of Human Resources to conduct soil investigations for on-site sewage management systems.
(c) The use of a Class V remediation well that is used as part of a Division-approved plan to remediate a site having contaminated soil and/or ground water shall be permitted by the Director provided that such an approved plan has been prepared and signed and sealed by a professional geologist or professional engineer registered in the State of Georgia in accordance with Chapter 19 or Chapter 15, respectively, of Title 43.
(d) Class V wells apply to al