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:
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| (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.
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| (5) | Public Participation.Notice:
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| (6) | Notice to File Plan of Correction or
Improvement.
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| (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:
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| (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:
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| (3) | General Provisions.
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| (4) | Engineering Reports. Engineering reports submitted to the Division
shall contain a comprehensive description of the proposed project and shall
include the following:
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| (5) | Plans and Specification.
Plans and specifications submitted to the Division for a sewerage system shall
include the following:
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| (6) | General Map Plans. General
map plans submitted to the Division for a sewerage system shall include the
following:
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| (7) |
Sewer Plans and Profiles. Sewer plans and profiles submitted to the
Division for a sewerage system shall include the following:
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| (8) | Treatment Facilities Plans. Plans for treatment facilities
submitted to the Division shall include the following:
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| (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:
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| (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:
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| (4) | Water Use Classifications. Water use classifications for which the
criteria of this Paragraph are applicable are as follows:
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| (5) | General Criteria for All
Waters. The following criteria are deemed to be necessary and applicable
to all waters of the State:
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| (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:
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| (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 recreation waters are E. coli and enterococci. The bacterial
indicator for secondary contact recreation waters is fecal coliform, E. coli or
enterococci.
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| (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 Protection Branch 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 Certification of 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:
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| (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:
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| (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
BRYAN COUNTY
LIBERTY COUNTY
MCINTOSH COUNTY
GLYNN COUNTY
CAMDEN COUNTY
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| (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:
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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.
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| (3) | General Provisions.
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| (4) | Waste Treatment Devices and
Equipment.
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| (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.
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| (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:
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| (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:
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| (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:
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| (3) | Permit Requirement.
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| (4) | Degree of Waste Treatment
Required.
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| (5) | Application for Permit.
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| (6) | Receipt and
Use of Application and Data.
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| (7) | Notice
and Public Participation.
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| (8) | Terms and Conditions of
Permits.
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| (9) | Publicly
Owned Treatment Works.
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| (10) | Schedules of Compliance.
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| (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.
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| (12) | Modification, Revocation and Reissuance, and Termination of
Permits.
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| (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.
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| (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.
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| (18) | NPDES Electronic Reporting. The federal NPDES Electronic Reporting rule, 40 CFR Part 127 and associated amendments, became effective on December 21, 2015. The requirements of this rule relating to the submission of applications, reports, and compliance notices may include the electronic submission of such items and electronic signature for such items, as applicable and approved by the EPD. The use of the terms "in writing" or "written" in the rule may include such electronic submissions. |
| (19) | 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.
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| (3) | Permit Required.
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| (4) | Permit
Application: Non-Farm Uses.
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| (5) | Permit Applications: Farm
Uses.
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| (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.
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| (8) | Priorities for Competing Applications.
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| (9) | Duration of Permits.
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| (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.
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| (12) | Emergency Water Shortage.
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| (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:
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| (14) | New Interbasin Transfers.
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| (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:
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| (16) | Storage Rights
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| (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.
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| (3) | Pretreatment Permit
Requirements.
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| (4) | Degree of Pretreatment
Required.
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| (5) | Application for Pretreatment
Permit.
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| (6) | Receipt and Use of Pretreatment
Permit Application Forms and Data.
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| (7) | Notice and Public Participation.
Where the Approval Authority is acting as the Control Authority, the following procedures shall apply:
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| (8) | Terms and Conditions of Pretreatment Permits.
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| (9) | Modification, Suspension and
Revocation of Pretreatment Permits:
Where the Approval Authority is acting as the Control Authority, the following procedures shall apply:
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| (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. |
| (12) | NPDES Electronic Reporting. The federal NPDES Electronic Reporting rule, 40 CFR Part 127 and associated amendments, became effective on December 21, 2015. The requirements of this rule relating to the submission of applications, reports and compliance notices may include the electronic submission of such items and electronic signature for such items, as applicable and approved by the EPD or the Control Authority. The use of the terms "in writing" or "written" in the rule may include such electronic submissions. |
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:
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| (3) | Required POTW Pretreatment Programs.
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| (4) | POTW Pretreatment Program Approval or Denial.
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| (5) | Notice and Public
Participation.
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| (6) | Notification of POTW Pretreatment Program Approval.
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| (7) | Modification of POTW Pretreatment
Program.
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| (8) | Compliance Monitoring and Reporting
Requirements for POTW Pretreatment Programs and the EPD Pretreatment
Program.
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| (9) | Legal Authority Requirements for
Control Authorities.
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| (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). The federal NPDES Electronic Reporting rule, 40 CFR Part 127 and associated amendments, includes requirements under 40 CFR 403.12(i) for the electronic submission of annual reports on or after December 21, 2020. |
| (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.
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| (4) | Fundamentally Different Factors
Variances.
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| (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:
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| (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.
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| (5) | Application for a Land
Disposal System Permit.
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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.
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| (7) | Schedule of
Compliance.
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| (8) | Monitoring, Recording and
Reporting Requirements.
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| (9) | Modification, Suspension and Termination
of Land Disposal System Permits.
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| (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.
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| (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.
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PLANT TYPE |
PERMITTED FLOW (MGD) |
CLASSIFICATION (RESPONSIBLE CHARGE OPERATOR) |
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Biological [suspended growth (i.e., activated sludge), fixed film (i.e., trickling filter) or land application]. See note 1 |
> 3.0 |
Class I |
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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 |
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Biological [suspended growth (i.e., activated sludge), fixed film (i.e., trickling filter) or land application]. See note 1 |
1.0 |
Class III |
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Biological, waste stabilization pondsand constructed Wetlands. See Note 1 |
Any |
Class IV |
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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.
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| (3) | Classification of Injection
Wells.
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| (4) | Identification of Underground
Sources of Drinking Water and Exempted Aquifers.
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| (5) | Prohibition of Movement of Fluid into
Underground Sources of Drinking Water.
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| (6) | Permit Application for Class I, II and
III Wells.
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