61-67, Appendix B. General Construction Permits

1. 1. The Department may implement the provisions of this regulation by means of a general construction permit, in accordance with the following:

   1. a. Coverage.

      1. (1) Area. The general construction permit shall be written to cover a category of construction activities identified in this regulation or disposal practices or facilities described in the permit under subsection 61-67 Appendix B, 1.a.(2)(b) below, except those covered by individual construction permits, within a geographical area. The area shall correspond to existing geographic or political boundaries, such as:

         1. (a) Designated planning areas under section 208 and 303 of CWA;
         2. (b) Sewer districts, sewer authorities, municipalities or POTW’s;
         3. (c) City, county, or State political boundaries;
         4. (d) State highway systems;
         5. (e) Standard metropolitan statistical areas as defined by the Federal Office of Management and Budget;
         6. (f) Urbanized areas as designated by the Federal Bureau of the Census according to criteria in 30 Fed. Reg. 15202 (May 1, 1974), or as subsequently amended;
         7. (g) Any other appropriate division or combination of boundaries; or
         8. (h) Watershed boundaries.

      2. (2) Sources. The general construction permit may be written to regulate, within the area described in subsection 61-67 Appendix B, 1.a.(1) above.

         1. (a) [Reserved]; or

         2. (b) A category of sources or a category of “treatment works treating domestic sewage,” if the sources or “treatment works treating domestic sewage” all:

            1. (i) Involve the same or substantially similar types of operations;

            2. (ii) Discharge the same types of wastes or engage in the same types of sludge use or disposal practices;

               (iii) Require the same operating conditions, or standards for construction or operation; and

            3. (iv) In the opinion of the Department are more appropriately controlled under a general construction permit than under individual construction permits.

   2. b. Administration.

      1. (1) In general. General construction permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of Regulation 61-9.124.
      2. (2) General construction permits shall specify the deadlines for submitting notices of intent to be covered and the date(s) when an applicant is authorized to begin construction under the permit.
      3. (3) General construction permits shall specify whether an activity covered by this regulation where the applicant has submitted a complete and timely Notice of Intent (NOI) to be covered in accordance with the general construction permit and that is eligible for coverage under the permit, is authorized to begin construction in accordance with the permit. This could be either upon receipt of the NOI by the Department, after a waiting period specified in the general construction permit, on a date specified in the general construction permit, or upon receipt of notification of inclusion by the Department. Coverage may be terminated or revoked in accordance with subsection 61-67 Appendix B, 1.b.(6) below.
      4. (4) Applicants may, at the discretion of the Department, be authorized to begin construction under a general construction permit without submitting a NOI where the Department finds that a NOI requirement is inappropriate. The Department shall provide in the public notice of the general construction permit the reasons for not requiring a NOI.
      5. (5) The Department may notify an applicant that it is covered by a general construction permit, even if the applicant has not submitted a NOI to be covered. An applicant so notified may request an individual construction permit under subsection 61-67 Appendix B, 1.b.(6)(c) below.

      6. (6) Requiring an individual permit.

         1. (a) The Department may require any person who otherwise qualifies for or has been lawfully issued a general construction permit to apply for and obtain an individual construction permit. An applicant or any other interested person may petition the Department to take action under this paragraph. The petition shall indicate specific reasons why an individual construction permit is requested and the interest in or relationship of the petitioner to the applicant. Cases where an individual construction permit may be required include, but are not limited to, the following:

            1. (i) The applicant is not in compliance with the conditions of the general construction permit;

            2. (ii) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the treatment works treating domestic sewage;

               (iii) A Water Quality Management plan containing requirements applicable to such construction permits is approved;

            3. (iv) Circumstances have changed since the time of the request to be covered so that the construction activity is no longer appropriately controlled under the general construction permit, or either a temporary or permanent reduction or elimination of the authorized activity is necessary; and

            4. (v) The applicant is a significant contributor of pollutants. In making this determination, the Department may consider the following factors:

               1. (aa) The location of the construction activity with respect to waters of the State;
               2. (bb) The size of the construction activity;
               3. (cc) The quantity and nature of the pollutants; and
               4. (dd) Other relevant factors.
         2. (b) [Reserved]
         3. (c) Any owner or operator authorized by a general construction permit may request to be excluded from the coverage of the general construction permit by applying for an individual construction permit. The owner or operator shall submit an application under this regulation, with reasons supporting the request, to the Department no later than ninety (90) days after the publication of the general construction permit in the State Register. The request shall be processed in accordance with Regulation 61-9.124. The request shall be granted by issuing of an individual construction permit if the reasons cited by the owner or operator are adequate to support the request.
         4. (d) When an individual construction permit is issued to an owner or operator otherwise subject to a general construction permit, the applicability of the general construction permit to the individual construction permit is automatically terminated on the effective date of the individual construction permit.
         5. (e) A construction activity excluded from a general construction permit solely because it already has an individual construction permit may request that the individual construction permit be revoked, and that it be covered by the general construction permit. If the individual construction permit is revoked by the Department, the general construction permit shall apply to the construction activity.

   3. c. Submittal and Signatory Requirements.

      1. (1) A NOI shall be on forms as may be prescribed and furnished from time to time by the Department. An NOI shall be accompanied by all pertinent information as the Department may require in order to establish requirements in accordance with this regulation, including, but not limited to, complete engineering reports, schedule of progress, plans, specifications, maps, measurements, quantitative and qualitative determinations, records, and all related materials.
      2. (2) Engineering reports, plans, and specifications submitted to the Department shall be signed by a Professional Engineer registered in the State.
      3. (3) Material submitted shall be complete and accurate.
      4. (4) Any NOI form submitted to the Department shall be signed in accordance with this regulation.

      5. (5) All other reports or requests for information required by the Department shall be signed by a person designated in this regulation or a duly authorized representative of such person, if:

         1. (a) The representative so authorized is responsible for the overall operation of the facility served by the construction activity;
         2. (b) The authorization is made in writing by the person designated; and
         3. (c) The written authorization is submitted to the Department.
      6. (6) Any changes in the written authorization submitted to the Department which occur after the issuance of a permit shall be reported to the Department by submitting a copy of a new written authorization that meets the requirements of subsection 61-67 Appendix B, 1.c.(5) above.
      7. (7) Any person signing any document under subsection 61-67 Appendix B, 1.c. above shall make the following certification: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in the attached document; and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

   4. d. Other Requirements.

      1. (1) Notice and Public Participation. Public notice and participation requirements shall be in accordance with Regulation 61-9.
      2. (2) Terms and Conditions of Permits. General construction permits issued shall be subject to the terms and conditions contained in this regulation.
      3. (3) Duration, Continuation, and Transferability of Permits. General construction permits shall be issued for a fixed term, as determined by the Department.

HISTORY: Amended by State Register Volume 39, Issue No. 6, Doc. No. 4485, eff June 26, 2015.