(a)

1. (1) Any person who desires to construct, operate, or modify any disposal system that will discharge to the waters of the state, or to discharge any sewage, industrial waste, or other wastes into the waters of the state, or to do any other act that requires a permit under Arkansas Code § 8-4-217(b), shall submit an application for a permit for the activity.
2. (2) In addition to the permit application procedures set forth in 40 C.F.R. pts. 122, 123, and 124 that are incorporated by reference in 8 CAR § 25-104, the applicant also must submit Division of Environmental Quality Form 1.
3. (3) The application must be submitted, approved, along with the approval letter from the Department of Health for domestic discharges, and a permit issued and effective before the activity applied for can begin.

(b)

1. (1) A state permit for construction or modification of a wastewater treatment facility does not constitute an NPDES permit.
2. (2) Issuance of a state permit for construction or modification of a treatment system in no way guarantees or assumes that an application for an NPDES permit to operate the system will be approved or the NPDES permit issued, nor does issuance of an NPDES permit assume or require a prior permit for construction or a satisfactory review of the design or construction of the treatment facility.

3. (3)

   1. (A) Division of Environmental Quality Form 1 plans and specifications and design calculations are required for a state construction permit.
   2. (B) Plans and specifications and design calculations must be stamped and signed by a professional engineer licensed in the State of Arkansas.

4. (4)

   1. (A) The design criteria for wastewater treatment plants in the State of Arkansas should be based on the latest edition of the Ten States Standards with the following modifications.
   2. (B) Exceptions to these criteria will only be approved by the division when fully justified.

(c) The following exceptions to 10 States Standards, as provisions adopted through Arkansas Pollution Control and Ecology Commission Minute Order 80-21, are allowed:

1. (1) Combined Sewer Interceptors. Combined sewers will not be approved;
2. (2) Biological Treatment — Waste Sludge Facilities. Activated sludge treatment plant of ten thousand gallons (10,000 gals.) per day or more capacity shall be provided with an aerated waste sludge holding tank or other sludge disposal facility;
3. (3) Disinfection. Disinfection shall be required when necessary to meet the state’s water quality standards for the receiving stream or to protect public water supplies and recreational use areas;

4. (4) Wastewater Treatment Ponds (Lagoons).

   1. (A) Basis of Design. The maximum design loading rate for the primary cell or cells will be thirty pounds (30 lbs.) of BOD5 per acre per day, with a minimum surface area of one (1) acre.
   2. (B) Multiple Units.

(b) (b) The second cell of a two-cell system will be designed on the same biological loading rate as a primary cell, with at least thirty (30) days detention time.

1. (ii) For three (3), or more, cell systems, the cells following the primary will have a combined detention time of at least thirty (30) days. The final cell shall be designed to facilitate solids reduction and minimize algae growth;

2. (5) Control Structures and Interconnecting Piping.

   1. (A) Control structures shall be provided for interconnecting cell piping and for final cell effluent flow.
   2. (B) The structures shall have the ability to vary the water depth in each cell a range of, at least, twenty-four inches (24”).

   3. (C)

      1. (i) Noncorrosive stop-logs, slide gates, or slide tubes are the devices that shall be utilized to regulate the wastes level.
      2. (ii) A baffle of the same type of material as the control devices shall extend a minimum of six inches (6”) below the low-water surface; and

3. (6) Appendix – Ground Disposal of Wastewaters. Land treatment of wastewater shall be in accordance with the land application guidelines as promulgated by the division and the Department of Health.

   1. (d) At the discretion of the director, the provisions of subsections (b) and (c) of this section may not apply to:
4. (1) Minor revision to the existing treatment system;
5. (2) Routine repair;
6. (3) Replacement; or
7. (4) Maintenance.