1. (1) Application requirements

   1. (a) Any person who is required to have a permit, including new applicants and permittees with expiring permits shall complete, sign, and submit an application to the Director as described in this rule and R317-8-2 Scope and Applicability. On the date of UPDES program approval by EPA, all persons permitted or authorized under NPDES shall be deemed to hold a UPDES permit, including those expired permits which EPA has continued in effect according to 40 CFR 122.6. For the purpose of this section the Director will accept the information required under R317-8-3.5 for existing facilities, which has been submitted to EPA as part of a NPDES renewal. The applicant may be requested to update any information which is not current.
   2. (b) Any person who (1) discharges or proposes to discharge pollutants and (2) owns or operates a sludge-only facility and does not have an effective permit, shall submit a complete application to the Director in accordance with this section and R317-8-6. A complete application shall include a BMP program, if necessary, under R317-8-4.2(10). The following are exceptions to the application requirements:
2. 1. Persons covered by general permits under R317-8-4.2(10);
3. 2. Discharges excluded under R317-8-2.1(2);

4. 3. Users of a privately owned treatment works unless the Director requires otherwise under R317-8-4.2(12).

   1. (2) Time to apply. Any person proposing a new discharge shall submit an application at least 180 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the Director. Facilities proposing a new discharge of storm water associated with industrial activity shall submit an application 180 days before that facility commences industrial activity which may result in a discharge of storm water associated with that industrial activity. Facilities described under Subsection R317-8-11.3(6)(e)1. shall submit applications at least 90 days before the date on which construction is to commence. Different submittal dates may be required under the terms of applicable general permits. Persons proposing a new discharge are encouraged to submit their applications well in advance of the 90 or 180 day requirements to avoid delay. See also Subsections R317-8-3.2 R317-8-11.3(2)(a)1.g, and R317-8-11.3(2)(a)2.
   2. (3) Who Applies. When a facility or activity is owned by one (1) person but is operated by another person, it is the operator's duty to obtain a permit.

   3. (4) Duty to reapply.

      1. (a) Any POTW with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Director. The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.
      2. (b) All other permittees with currently effective permits shall submit a new application 180 days before the existing permit expires, except that:
5. 1. The Director may grant permission to submit an application later than the deadline for submission otherwise applicable, but no later than the permit expiration date; and

6. 2. The Director may grant permission to submit the information required by R317-8-3.5(7), (9) and (10) after the permit expiration date.

   1. (c) All applicants for permits, other than POTWs, new sources, and sludge-only facilities must complete EPA Forms 1 and either 2B or 2C or 2F or equivalent State forms as directed by the Director to apply under R317-8-3. Forms may be obtained from the Director. In addition to any other applicable requirements in this section, all POTWs and other treatment works treating domestic sewage, including sludge-only facilities, must submit with their applications the information listed at 40 CFR 501.15(a)(2) within the time frames established in R317-8-3.1(7)(a) and (b).
   2. (d) Continuation of expiring permits. The conditions of an expired permit continue in force until the effective date of a new permit if:
7. 1. The permittee has submitted a timely application under subsection (2) of this section which is a complete application for a new permit; and
8. 2. The Director, through no fault of the permittee, does not issue a new permit with an effective date under R317-8-6.11 on or before the expiration date of the previous permit.
9. 3. Effect Permits continued under this paragraph remain fully effective and enforceable until the effective date of a new permit.

10. 4. Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit the Director may choose to do any or all of the following:

    1. a. Initiate enforcement action based upon the permit which has been continued;
    2. b. Issue a notice of intent to deny the new permit under R317-8-6.3(2);
    3. c. Issue a new permit under R317-8-6 with appropriate conditions; or

    4. d. Take other actions authorized by the UPDES rules.

       1. (5) Completeness. The Director will not issue a UPDES permit before receiving a complete application for a permit except for UPDES General Permits. A permit application is complete when the Director receives an application form with any supplemental information which is completed to his or her satisfaction.

       2. (6) Information requirements. All applicants for UPDES permits shall provide the following information to the Director, using the application form provided by the Director.

          1. (a) The activities being conducted which require the applicant to obtain UPDES permit.
          2. (b) Name, mailing address, and location of the facility for which the application is submitted.
          3. (c) From one (1) to four (4) SIC codes which best reflect the principal products or services provided by the facility.
          4. (d) The operators name, address, telephone number, ownership status, and status as to Federal, State, private, public, or other entity.
          5. (e) Whether the facility is located on Indian lands.
          6. (f) A listing of all other relevant environmental permits, or construction approvals issued by the Director or other state or federal permits.
          7. (g) A topographic map, or other map if a topographic map is unavailable, extending one (1) mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures, each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area.

          8. (h) A brief description of the nature of the business.

             1. (i) Additional information may also be required of new sources, new dischargers and major facilities to determine any significant adverse environmental effects of the discharge pursuant to new source rules promulgated by the Director.

       3. (7) Permits Under Section 19-5-107 of the Utah Water Quality Act.

          1. (a) POTWs with currently effective UPDES permits shall submit the application information required by R317-8-3.1(4)(c) with the next application submitted in accordance with R317-8-3.1(4) of this section or within 120 days after promulgation of a standard for sewage sludge use or disposal applicable to the POTW's sludge use or disposal practice(s), whichever occurs first.
          2. (b) Any other existing treatment works treating domestic sewage not covered in R317-8-3.1(7)(a) shall submit an application to the Director within 120 days after promulgation of a standard for sewage sludge use or disposal applicable to its sludge use or disposal practice(s) or upon request of the Director prior to the promulgation of an applicable standard for sewage sludge use or disposal if the Director determines that a permit is necessary to protect to public health and the environment from any potential adverse effects that may occur from toxic pollutants in sewage sludge.
          3. (c) Any treatment works treating domestic sewage that commences operations after promulgation of an applicable standard for sewage sludge use or disposal shall submit an application to the Director at least 180 days prior to the date proposed for commencing operations.
       4. (8) Recordkeeping. Except for information required by R317-8-3.1(7)(c) which shall be retained for a period of at least five years from the date the application is signed or longer as required by the Director, applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this rule for a period of at least three (3) years from the date the application is signed.
       5. (9) Service of process. Every applicant and permittee shall provide the Director an address for receipt of any legal paper for service of process. The last address provided to the Director pursuant to this provision shall be the address at which the Director may tender any legal notice, including but not limited to service of process in connection with any enforcement action. Service, whether by bond or by mail, shall be complete upon tender of the notice, process or order and shall not be deemed incomplete because of refusal to accept or if the addressee is not found.

       6. (10) Application Forms. The State will use EPA-developed NPDES application forms or State equivalents in administering the UPDES program.

          3.2 APPLICATION REQUIREMENTS FOR NEW SOURCES AND NEW DISCHARGES. New manufacturing, commercial, mining and silvicultural dischargers applying for UPDES permits (except for new discharges of facilities subject to the requirements of Subsection R317-8-3.5 or new discharges of storm water associated with industrial activity which are subject to Subsection R317-8-11.3(2)(a) except as provided by Subsection R317-8-11.3(2)(a)2, shall provide the following information to the Director, using application forms provided by the Director:

       7. (1) Expected outfall location. The latitude and longitude to the nearest 15 seconds and the name of the receiving water.
       8. (2) Discharge dates. The expected date of commencement of discharge.

       9. (3) Flows, Sources of Pollution and Treatment Technologies.

          1. (a) Expected treatment of wastewater. Description of the treatment that the wastewater will receive, along with all operations contributing wastewater to the effluent, average flow contributed by each operation, and the ultimate disposal of any solid or liquid wastes not discharged.
          2. (b) Line drawing. A line drawing of the water flow through the facility with a water balance as described in Subsection R317-8-3.5(2).
          3. (c) Intermittent Flows. If any of the expected discharges will be intermittent or seasonal, a description of the frequency, duration and maximum daily flow rate of each discharge occurrence except for storm water runoff, spillage, or leaks.
       10. (4) Production. If a new source performance standard or an effluent limitation guideline applies to the applicant and is expressed in terms of production, or other measure of operation, a reasonable measure of the applicant's expected actual production reported in the units used in the applicable effluent guideline or new source performance standard as required by Subsection R317-8-4.3(2)(b) for each of the first three years. Alternative estimates may also be submitted if production is likely to vary.

       11. (5) Effluent Characteristics. The requirements in Subsection R317-8-3.5(7) that an applicant must provide estimates of certain pollutants expected to be present do not apply to pollutants present in a discharge solely as a result of their presence in intake water; however, an applicant must report such pollutants as present. Net credits may be provided for the presence of pollutants in intake water if the requirements of Subsection R317-8-4.3(7) are met. All levels, except for discharge flow, temperature and pH, must be estimated as concentration and as total mass.

           1. (a) Each applicant must report estimated daily maximum, daily average and source of information for each outfall for the following pollutants or parameters. The Director may waive the reporting requirements for any of these pollutants and parameters if the applicant submits a request for such a waiver before or with his application which demonstrates that information adequate to support issuance of the permit can be obtained through less stringent reporting requirements.
11. 1. Biochemical Oxygen Demand (BOD).
12. 2. Chemical Oxygen Demand (COD).
13. 3. Total Organic Carbon (TOC).
14. 4. Total Suspended Solids (TSS).
15. 5. Flow.
16. 6. Ammonia (as N).
17. 7. Temperature (winter and summer).

18. 8. pH.

    1. (b) Each applicant must report estimated daily maximum, daily average, and source of information for each outfall for the following pollutants, if the applicant knows or has reason to believe they will be present or if they are limited by an effluent limitation guideline or new source performance standard either directly or indirectly through limitations on an indicator pollutant: all pollutants in Table IV, R317-8-3.12(4) certain conventional and nonconventional pollutants.
    2. (c) Each applicant must report estimated daily maximum, daily average and source of information for the following pollutants if he knows or has reason to believe that they will be present in the discharges from any outfall:
19. 1. The pollutants listed in Table III, R317-8-3.12(3) the toxic metals, in the discharge from any outfall: Total cyanide, and total phenols;

20. 2. The organic toxic pollutants in Subsection R317-8-3.12(2) (except bis (chloromethyl) ether, dichlorofluoromethane and trichlorofluoromethane). This requirement is waived for applicants with expected gross sales of less than $100,000 per year for the next three years, and for coal mines with expected average production of less than 100,000 tons of coal per year.

    1. (d) The applicant is required to report that 2,3,7,8 Tetrachlorodibenzo-P-Dioxin (TCDD) may be discharged if he uses or manufactures one of the following compounds, or if he knows or has reason to believe that TCDD will or may be present in an effluent:
21. 1. 2,4,5-trichlorophenoxy acetic acid (2,4,5-T) (CAS #93-76-5);
22. 2. 2-(2,4,5-trichlorophenoxy) propanic acid (Silvex, 2,4,5-TP) (CAS #93-72-1);
23. 3. 2-(2,4,5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon) (CAS #136-25-4);)
24. 4. 0,0-dimethyl 0-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS #299-84-3);
25. 5. 2,4,5-trichlorophenol (TCP) (CAS #95-95-4); or

26. 6. Hexachlorophene (HCP) (CAS #70-80-4);

    1. (e) Each applicant must report any pollutants listed in Table V, R317-8-3.12(5) (certain hazardous substances) if he believes they will be present in any outfall (no quantitative estimates are required unless they are already available).
    2. (f) No later than two years after the commencement of discharge from the proposed facility, the applicant is required to complete and submit Items V and VI of NPDES application Form 2c (see R317-8-3.5). However, the applicant need not complete those portions of Item V requiring tests which he has already performed and reported under the discharge monitoring requirements of his UPDES permit.
    3. (6) Engineering Report. Each applicant must report the existence of any technical evaluation concerning his wastewater treatment, along with the name and location of similar plants of which he has knowledge.
    4. (7) Other information. Any optional information the permittee wishes to have considered.

    5. (8) Certification. Signature of certifying official under R317-8-3.4.

       3.3 CONFIDENTIALITY OF INFORMATION

    6. (1) Any information submitted to the Director pursuant to the UPDES rules may be claimed as confidential by the person submitting the information. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing

       such information. If no claim is made at the time of submission, the Director may make the information available to the public without further notice. If a claim is asserted, it will be treated according to the standards of 40 CFR Part 2.

    7. (2) Information which includes effluent data and records required by UPDES application forms provided by the Director under R317-8-3.1 may not be claimed as confidential.

    8. (3) Information contained in UPDES permits may not be claimed as confidential.

       3.4 SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS

    9. (1) Applications. All permit applications shall be signed as follows:

       1. (a) For a corporation: by a responsible corporate officer. For the purpose of this section, 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. (b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
       3. (c) For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: (i) The chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

    10. (2) Reports. All reports required by permits and other information requested by the Director under Subsection R317-8-11.3(3) shall be signed by a person described in Subsection R317-8-3.4(1), or by a duly authorized representative of that person. A person is a duly authorized representative only if:

        1. (a) the authorization is made in writing by a person described in Subsection R317-8-3.4(1):
        2. (b) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company; and
        3. (c) the written authorization is submitted to the Director.
    11. (3) Changes to authorization. If an authorization under Subsection R317-8-3.4(2) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Subsection R317-8-3.4(2) must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative.

    12. (4) Certification. Any person signing a document under this section 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."

    13. (5) Discharge Monitoring Reports and related information may be signed and submitted electronically to the EPA's NetDMR program, if a Subscriber Agreement is in place. See Section R317-1-9.

        3.5 APPLICATION REQUIREMENTS FOR EXISTING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGERS

        Existing manufacturing, commercial, mining, and silvicultural dischargers applying for UPDES permits shall provide the following information to the Director, using application forms provided by the Director:

    14. (1) Outfall location. The latitude and longitude to the nearest fifteen (15) seconds and the name of the receiving water.
    15. (2) Line drawing. A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under Subsection R317-8-3.5. The water balance shall show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined, the applicant may provide a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.
    16. (3) Average flows and treatment. A narrative identification of each type of process, operation, or production area which contributes wastewater to the effluent for each outfall, including process wastewater, cooling water; and storm water runoff; the average flow which each process contributes; and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations or production areas may be described in general terms, (for example, "dye-making reactor," "distillation tower.") For a privately owned treatment works, this information shall include the identity of each user of the treatment works. The average flow of point sources composed of storm water may be estimated. The basis for the rainfall event and the method of estimation must be indicated.
    17. (4) Intermittent flows. If any of the discharges described in Subsection R317-8-3.5(3) are intermittent or seasonal, a description of the frequency, duration and flow rate of each discharge occurrence, except for storm water runoff, spillage, or leaks.
    18. (5) Maximum production levels. If an EPA effluent guideline applies to the applicant and is expressed in terms of production or other measure of operation, a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline. The reported measure shall reflect the actual production of the facility as required by Subsection R317-8-4.3(2).
    19. (6) Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates.

    20. (7) Effluent characteristics. Information on the discharge of pollutants specified in this subsection shall be provided, except information on storm water discharges which is to be provided as specified in Subsection R317-8-11.3. When quantitative data for a pollutant are required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 CFR 136. When no particular analytical method is required the applicant may use any suitable method but must provide a description of the method. The Director may allow the applicant to test only one outfall and report that the quantitative data also applies to the substantially identical outfalls. The requirements in Subsections R317-8-3.5(c) and (d) that an applicant shall provide quantitative data for certain pollutants known or believed to be present do not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant shall report such pollutants as present. Grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine,, oil and grease, and or E. coli. For all other pollutants, twenty-four (24)-hour composite samples must be used. However, a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours. In addition, the Director may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is infeasible and that the minimum of four (4) grab samples will be a representative sample of the effluent being discharged. For storm water discharges, all samples shall be collected from the discharge resulting from a storm event that is greater than 0.1 inch and at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) storm event. Where feasible, the variance in the duration of the event and the total rainfall of the event should not exceed 50 percent from the average or median rainfall event in that area. For all applicants, a flow-weighted composite shall be taken for either the entire discharge or for the first three hours of the discharge. The flow-weighted composite sample for a storm water discharge may be taken with a continuous sampler or as a combination of a minimum of three sample aliquots taken in each hour of discharge for the entire discharge or for the first three hours of the discharge, with each aliquot being separated by a minimum period of fifteen minutes (applicants submitting permit applications for storm water discharges under Subsection R317-8-11.3(3) may collect flow weighted composite samples using different protocols with respect to the time duration between the collection of sample aliquots, subject to the approval of the Director). However, a minimum of one grab sample may be taken for storm water discharges from holding ponds or other impoundments with a retention period greater than 24 hours. For a flow-weighted composite sample, only one analysis of the composite of aliquots is required. For storm water discharge samples taken from discharges associated with industrial activities, quantitative data must be reported for the grab sample taken during the first thirty minutes (or as soon thereafter as practicable) of the discharge for all pollutants specified in Subsection R317-8-11.3(2)(a). For all storm water permit applicants taking flow-weighted composites, quantitative data must be reported for all pollutants specified in Subsection R317-8-11.3 except pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, or E. coli, and fecal streptococcus. The Director may allow or establish appropriate site-specific sampling procedures or requirements, including sampling locations, the season in which the sampling takes place, the minimum duration between the previous measurable storm event and the storm event sampled, the minimum or maximum level of precipitation required for an appropriate storm event, the form of precipitation sampled (snow melt or rainfall), protocols for collecting samples under 40 CFR 136, and additional time for submitting data on a case-by-case basis. An applicant is expected to know or have reason to believe that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant.

        1. (a) Every applicant shall report quantitative data for every outfall for the following pollutants:
27. 1. Biochemical Oxygen Demand (BOD)
28. 2. Chemical Oxygen Demand
29. 3. Total Organic Carbon
30. 4. Total Suspended Solids
31. 5. Ammonia (as N)
32. 6. Temperature (both winter and summer)

33. 7. pH

    1. (b) The Director may waive the reporting requirements for one or more of the pollutants listed in Subsection R317-8-3.5(7)(a) if the applicant has demonstrated that the waiver is appropriate because information adequate to support issuance of a permit can be obtained with less stringent requirements.
    2. (c) Each applicant with processes in one or more primary industry category, listed in Subsection R317-8-3.11, and contributing to a discharge, shall report quantitative data for the following pollutants in each outfall containing process wastewater:
34. 1. The organic toxic pollutants in the fractions designated in Table 1 of R317-8-3.12 for the applicant's industrial category or categories unless the applicant qualifies as a small business under Subsection R317-8-3.5(8). Table II of R317-8-3.12 of this part lists the organic toxic pollutants in each fraction. The fractions result from the sample preparation required by the analytical procedure which uses gas chromatography/mass spectrometry. A determination that an applicant falls within a particular industrial category for the purposes of selecting fractions for testing is not conclusive as to the applicant's inclusion in that category for any other purposes.

35. 2. The pollutants listed in Table III of R317-8-3.12 (the toxic metals, cyanide, and total phenols).

    1. (d) 1. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Table IV of R317-8-3.12 (certain conventional and nonconventional pollutants) is discharged from each outfall. If an applicable effluent limitations guideline either directly limits the pollutant or, by its express terms, indirectly limits the pollutant through limitations on an indicator, the applicant must report quantitative data. For every pollutant discharged which is not so limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.

36. 2. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants listed in Table II or Table III of R317-8-3.12 (the toxic pollutants and total phenols) for which quantitative data are not otherwise required under paragraph (b) of this section, is discharged from each outfall. For every pollutant expected to be discharged in concentrations of 10 ppb or greater the applicant must report quantitative data. For acrolein, acrylonitrile, 2.4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, where any of these

    1. (e) Each applicant shall indicate whether it knows or has reason to believe that any of the pollutants in Subsection R317-8-3.12(5) of this rule, certain hazardous substances and asbestos are discharged from each outfall. For every pollutant expected to be discharged, the applicant shall briefly describe the reasons the pollutant is expected to be discharged, and report any quantitative data for the pollutant.
    2. (f) Each applicant shall report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin(TCDD) if it:

    four pollutants are expected to be discharged in concentrations of 100 ppb or greater, the applicant must report quantitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, or in the case of acrolein, acrylonitrile, 2.4 dinitrophenol, and 2-methyl-4,6 dinitrophenol, in concentration less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. An applicant qualifying as a small business under Subsection R317-8-3.5(8) is not required to analyze for pollutants listed in Table II of R317-8-3.12 (the organic toxic pollutants).

37. 1. Uses or manufactures 2,4,5-trichlorophenoxy acetic acid (2,4,5-T); 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP); 2-(2.4.5-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or

38. 2. Knows or has reason to believe that TCDD is or may be present in an effluent.

    1. (8) Small business exemption. An applicant which qualifies as a small business under one of the following criteria is exempt from the requirements in Subsections R317-8-3.5(7)(c) and (d) to submit quantitative data for the pollutants listed in Subsection R317-8-3.12(2), organic toxic pollutants:

       1. (a) For coal mines, a probable total annual production of less than 100,000 tons per year.
       2. (b) For all other applicants, gross total annual sales averaging less than $100,000 per year, in second quarter 1980 dollars.
    2. (9) Used or manufactured toxics. The application shall include a listing of any toxic pollutant which the applicant currently uses or manufactures as an intermediate or final product or byproduct. The Director may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant and the Director has adequate information to issue the permit.
    3. (10) Biological toxicity tests. The applicant shall identify any biological toxicity tests which it knows or has reason to believe have been made within the last three (3) years on any of the applicant's discharges or on a receiving water in relation to a discharge.
    4. (11) Contract analyses. If a contract laboratory or consulting firm performed any of the analyses required by Subsection R317-8-3.5(7), the identity of each laboratory or firm and the analyses performed shall be included in the application.

    5. (12) Additional information. In addition to the information reported on the application form, applicants shall provide to the Director, upon request, other information as the Director may reasonably be required to assess the discharges of the facility and to determine whether to issue a UPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and requirements to determine the cause of the toxicity.

       3.6 CONCENTRATED ANIMAL FEEDING OPERATIONS

    6. (1) Refer to Section R317-8-10 for concentrated animal feeding operation permit application requirements.

       3.7 CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES

    7. (1) Permit required. Concentrated aquatic animal production facilities, as defined in this section, are point sources subject to the UPDES permit program.
    8. (2) Definitions. "Concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility which meets the criteria in Subsection R317-8-3.7(5) or which the Director designates under Subsection R317-8-3.7(3).

    9. (3) Case-by-Case designation of concentrated aquatic animal production facilities.

       1. (a) The Director may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to the waters of the State. In making this designation the Director will consider the following factors:
39. 1. The location and quality of the receiving waters of the State;
40. 2. The holding, feeding, and production capacities of the facility;
41. 3. The quantity and nature of the pollutants reaching waters of the State; and

42. 4. Other relevant factors.

    1. (b) A permit application will not be required from a concentrated aquatic animal production facility designated under this section until the Director or authorized representative has conducted an on-site inspection of the facility and has determined that the facility could and should be regulated under the UPDES permit program.

    2. (4) Information required. New and existing concentrated aquatic animal production facilities shall provide the following information to the Director using the application form provided:

       1. (a) The maximum daily and average monthly flow from each outfall.
       2. (b) The number of ponds, raceways, and similar structures.
       3. (c) The name of the receiving water and the source of intake water.
       4. (d) For each species of aquatic animals, the total yearly and maximum harvestable weight.
       5. (e) The calendar month of maximum feeding and the total mass of food fed during that month.

    3. (5) Criteria for determining a concentrated aquatic animal production facility. A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility for purposes of this rule if it contains, grows, or holds aquatic animals in either of the following categories:

       1. (a) Cold water aquatic animals. Cold water fish species or other cold water aquatic animals in ponds, raceways, or other similar structures which discharge at least thirty (30) days per year but does not include:
43. 1. Facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and
44. 2. Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding.

45. 3. Cold water aquatic animals include, but are not limited to the Salmonidae family of fish.

    1. (b) Warm water aquatic animals. Warm water fish species or other warm water aquatic animals in ponds, raceways, or other similar structures which discharge at least thirty (30) days per year, but does not include:
46. 1. Closed ponds which discharge only during periods of excess runoff; or
47. 2. Facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000) pounds) of aquatic animals per year.

48. 3. "Warm water aquatic animals" include, but are not limited to, the Ameiuride, Centrachidae and Cyprinidae families of fish.

    1. (1) Permit required. Discharges into aquaculture projects, as defined in this section, are subject to the UPDES permit program.

    2. (2) Definitions.

       1. (a) "Aquaculture project" means a defined managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater plants and animals.

       2. (b) "Designated project areas" means the portions of the waters of the State within which the permittee or permit applicant plans to confine the cultivated species, using a method or plan of operation, including, but not limited to, physical confinement, which on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvested within a defined geographic area.

          3.9 STORM WATER DISCHARGES

    3. (1) Refer to Section R317-8-11.3.10 SILVICULTURAL ACTIVITIES
    4. (1) Permit requirements. Silvicultural point sources, as defined in this section, are point sources subject to the UPDES permit program.

    5. (2) Definitions.

       1. (a) "Silvicultural point source" means any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the State. The term does not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff.
       2. (b) "Rock crushing and gravel washing facilities" means facilities which process crushed and broken stone, gravel, and riprap.

       3. (c) "Log sorting and log storage facilities" means facilities whose discharges result from the holding of unprocessed wood, for example, logs or roundwood with bark or after removal of bark held in self-contained bodies of water or stored on land where water is applied intentionally on the logs.

          3.11 APPLICATION REQUIREMENTS FOR NEW AND EXISTING POTWS.

    6. (1) The following POTWs shall provide the results of valid whole effluent biological toxicity testing to the Director.

       1. (a) All POTWs with design influent flows equal to or greater than one million gallons per day; and
       2. (b) All POTWs with approved pretreatment programs or POTWs required to develop a pretreatment program;

    7. (2) In addition to the POTWs listed in Subsection R317-8-3.11(1)(a) and (b) the Director may require other POTWs to submit the results of toxicity tests with their permit applications, based on consideration of the following factors:

       1. (a) The variability of the pollutants or pollutant parameters in the POTW effluent (based on chemical-specific information, the type of treatment facility, and types of industrial contributors);
       2. (b) The dilution of the effluent in the receiving water (ratio of effluent flow to receiving stream flow);
       3. (c) Existing controls on point or nonpoint sources, including total maximum daily load calculations for the waterbody segment and the relative contribution of the POTW;
       4. (d) Receiving stream characteristics, including possible or known water quality impairment, and whether the POTW discharges to a water designated as an outstanding natural resource; or
       5. (e) Other considerations (including but not limited to the history of toxic impact and compliance problems at the POTW), which the Director determines could cause or contribute to adverse water quality impacts.
    8. (3) For POTWs required under Subsections R317-8-3.11(1) or (2) to conduct toxicity testing. POTWs shall use 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 UPDES permit reissuance or permit modification under Subsection R317-8-5.6(1) whichever occurred later. Prior to conducting toxicity testing, permittees shall contact the Director regarding the testing methodology to be used.

    9. (4) All POTWs with approved pretreatment programs shall provide to the Director a written technical evaluation of the need to revise local limits.

       3.12 PRIMARY INDUSTRY CATEGORIES. Any UPDES permit issued to dischargers in the following categories shall include effluent limitations and a compliance schedule to meet the requirements of the UPDES rules and Sections 301(b)(2)(A),(C),(D),(E) and (F) of the CWA whether or not applicable effluent limitations guidelines have been promulgated.

    10. (1) Adhesives and sealants
    11. (2) Aluminum forming
    12. (3) Auto and other laundries
    13. (4) Battery manufacturing
    14. (5) Coal mining
    15. (6) Coil coating
    16. (7) Copper forming
    17. (8) Electrical and electronic components
    18. (9) Electroplating
    19. (10) Explosives manufacturing
    20. (11) Foundries
    21. (12) Gum and wood chemicals
    22. (13) Inorganic chemicals manufacturing
    23. (14) Iron and steel manufacturing
    24. (15) Leather tanning and finishing
    25. (16) Mechanical products manufacturing
    26. (17) Nonferrous metals manufacturing
    27. (18) Ore mining
    28. (19) Organic chemicals manufacturing
    29. (20) Paint and ink formulation
    30. (21) Pesticides
    31. (22) Petroleum refining
    32. (23) Pharmaceutical preparations
    33. (24) Photographic equipment and supplies
    34. (25) Plastics processing
    35. (26) Plastic and synthetic materials manufacturing
    36. (27) Porcelain enameling
    37. (28) Printing and publishing
    38. (29) Pulp and paper mills
    39. (30) Rubber processing
    40. (31) Soap and detergent manufacturing
    41. (32) Steam electric power plants
    42. (33) Textile mills

    43. (34) Timber products processing

        3.13 UPDES PERMIT APPLICATION TESTING REQUIREMENTS

        TABLE I

        Testing Requirements for Organic Toxic Pollutants

        by Industrial Category for Existing Dischargers

        GC/MS fraction (1)

        Industrial category Volatile Acid Base/ Pesticide

        Adhesives and sealants (*) (*) (*) ...

        Aluminum Forming (*) (*) (*) ...

        Auto and Other Laundry (*) (*) (*) (*)

        Battery Manufacturing (*) ... (*) ...

        Coal Mining (*) (*) (*) (*)

        Coil Coating (*) (*) (*) ...

        Copper Forming (*) (*) (*) ...

        Electric and Electronic

        Components (*) (*) (*) (*)

        Electroplating (*) (*) (*) ...

        Explosives Manufacturing ... (*) (*) ...

        Foundries (*) (*) (*) ...

        Gum and Wood Chemicals (*) (*) (*) ...

        Inorganic Chemicals

        Manufacturing (*) (*) (*) ...

        Iron and Steel

        Manufacturing (*) (*) (*) ...

        Leather Tanning and

        Finishing (*) (*) (*) (*)

        Mechanical Products

        Manufacturing (*) (*) (*) (*)

        Nonferrous Metals

        Manufacturing (*) (*) (*) (*)

        Ore Mining (*) (*) (*) (*)

        Organic Chemicals

        Manufacturing (*) (*) (*) (*)

        Paint and Ink Formulation (*) (*) (*) (*)

        Pesticides (*) (*) (*) (*)

        Petroleum Refining (*) (*) (*) (*)

        Pharmaceutical Preparations (*) (*) (*) (*)

        Photographic Equipment

        and Supplies (*) (*) (*) (*)

        Plastic and Synthetic

        Materials Manufacturing (*) (*) (*) (*)

        Plastic Processing (*) ... ... ...

        Porcelain Enameling (*) ... (*) (*)

        Printing and Publishing (*) (*) (*) (*)

        Pulp and Paper Mills (*) (*) (*) (*)

        Rubber Processing (*) (*) (*) ...

        Soap and Detergent

        Manufacturing (*) (*) (*) ...

        Steam Electric Power Plant (*) (*) (*) ...

        Textile Mills (*) (*) (*) (*)

        Timber Products Processing (*) (*) (*) (*)

    44. (1) The toxic pollutants in each fraction are listed in Table II.

        1. (a) VOLATILES

           1V acrolein

           2V acrylonitrile

           3V benzene

           4V bis (chloromethyl) ether

           5V bromoform

           6V carbon tetrachloride

           7V chlorobenzene

           8V chlorodibromomethane

           9V chloroethane

           10V 2-chloroethylvinyl ether

           11V chloroform

           12V dichlorobromomethane

           13V dichlorodifluoromethane

           14V 1,1-dichloroethane

           15V 1,2-dichloroethane

           16V 1,1-dichloroehtylene

           17V 1,2-dichloropropane

           18V 1,2-dichloropropylene

           19V ethylbenzene

           20V metyl bromide

           21V methyl chloride

           22V methoylene chloride

           23V 1,1,2,2-tetrachloroethane

           24V tetrachloroethylene

           25V toluene

           26V 1,2-trans-dichloroethylene

           27V 1,1,1-trichloroethane

           28V 1,1,2-trichloroethane

           29V trichloroethylene

           30V trichlorofluoromethane

           31V vinyl chloride

        2. (b) ACID COMPOUNDS

           1A 2-chlorophenol

           2A 2,4-dichlorophenol

           3A 2.4-dimethylphenol

           4A 4,6-dinitro-o-cresol

           5A 2,4-dinitrophenol

           6A 2-nitrophenol

           7A 4-nitrophenol

           8A p-chloro-m-cresol

           9A pentachlorophenol

           10A phenol

           11A 2,4,6-trichlorophenol

        3. (c) BASE/NEUTRAL

           1B acenaphthene

           2B acenaphthylene

           3B anthracene

           4B benzidine

           5B benzo(a)anthracene

           6B benzo(a)pyrene

           7B 3,4-benzofluoranthene

           8B benzo(ghi)perylene

           9B benzo(k)fluoranthene

           10B bis(2-chloroethoxy)methane

           11B bis(2-chloroethyl)ether

           12B bis(2-chloroethyl)ether

           13B bis(2-ethylhexyl)phthalate

           14B 4-bromophenyl phenyl ether

           15B butylbenzyl phthalate

           16B 2-chloronaphthanlene

           17B 4-chlorophenyl phenyl ether

           18B chrysene

           19B dibenxo(a,h)anthracene

           20B 1,2-dichlorobenzen

           21B 1,3-dichlorobenzene

           22B 1,4-dichlorobenzene

           23B 3,3-dichlorobenzidine

           24B diethyl phthalate

           25B dimethyl phtahalate

           26B di-n-butyl phthalate

           27B 2,4-dinitrotoluene

           28B 2,6-dinitrotoluene

           29B di-n-octyl phthalate

           30B 1,2-diphenylhydrazine (as azobenzene)

           31B fluoranthene

           32B fluorene

           33B hexachlorobenzene

           34B hexachlorobutadiene

           35B hexachlorocyclopentadiene

           36B hexachloroethane

           37B indeno(1,2,3-cd)pyrene

           38B isophorone

           39B naphthalene

           40B nitrobenzene

           41B N-nitrosodimethylamine

           42B N-nitrosodi-n-propylamine

           43B N-nitrosodiphenylamine

           44B phenanthrene

           45B pyrene

           46B 1,2,4-trichlorobenzene

        4. (d) PESTICIDES

           1P aldrin

           2P alpha-BHC

           3P beta-BHC

           4P gamma-BHC

           5P delta-BHC

           6P chlordane

           7P 4,4'-DDT

           8P 4,4'-DDE

           10P dieldrin

           11P alpha-endosulfan

           12P beta-endosulfan

           13P endosulfan sulfate

           14P endrin

           15P endrin aldehyde

           16P heptachlor

           17P heptachlor epoxide

           18P PCB-1242

           19P PCB-1254

           20P PCB-1221

           21P PCB-1232

           22P PCB-1248

           23P PCB-1260

           24P PCB-1016

           25P toxaphene

           TABLE III

           Other Toxic Pollutants; Metals, Cyanide, and Total Phenols

        5. (a) Antimony, Total
        6. (b) Arsenic, Total
        7. (c) Beryllium, total
        8. (d) Cadmium, Total
        9. (e) Chromium, Total
        10. (f) Copper, Total
        11. (g) Lead, Total

        12. (h) Mercury, Total

            1. (i) Nickel, Total
        13. (j) Selenium, Total

        14. (k) Silver, Total

            1. (l) Thallium, Total
        15. (m) Zinc, Total
        16. (n) Cyanide, Total

        17. (o) Phenols, Total

            TABLE IV

            Conventional and Nonconventional Pollutants Required to be Tested

            by Existing Dischargers if Expected to be Present

        18. (a) Bromide
        19. (b) Chlorine, Total Residual
        20. (c) Color
        21. (d) E. coli
        22. (e) Fluoride
        23. (f) Nitrate-Nitrite
        24. (g) Nitrogen, total Organic

        25. (h) Oil and Grease

            1. (i) Phosphorus, Total
        26. (j) Radioactivity

        27. (k) Sulfate

            1. (l) Sulfide
        28. (m) Sulfite
        29. (n) Surfactants
        30. (o) Aluminum, Total
        31. (p) Barium, Total
        32. (q) Boron, Total
        33. (r) Cobalt, Total
        34. (s) Iron, Total
        35. (t) Magnesium, Total

        36. (u) Molybdenum, Total

            1. (v) Manganese, Total

        37. (w) Tin, Total

            1. (x) Titanium, Total

               TABLE V

               28 Toxic Pollutants and Hazardous Substances Required

               to be Identified by Existing Dischargers

               if Expected to be Present

        38. (a) Toxic Pollutants - Asbestos
        39. (b) Hazardous Substances

        * Testing required.

        TABLE II

        Organic Toxic Pollutants in Each of Four Fractions in Analysis

        by Gas Chromatography/Mass Spectroscopy (GC/MS)

    3.8 AQUACULTURE PROJECTS

49. 1. Acetaldhyde
50. 2. Allyl alcohol
51. 3. Allyl chloride
52. 4. Amyl acetate
53. 5. Aniline
54. 6. Benzonitrile
55. 7. Benzyl chloride
56. 8. Butyl acetate
57. 9. Butylamine
58. 10. Captan
59. 11. Carbaryl
60. 12. Carbofuran
61. 13. Carbon disulfide
62. 14. Chlorpyrifos
63. 15. Coumaphos
64. 16. Cresol
65. 17. Crotonaldehyde
66. 18. Cyclohexane
67. 19. 2,4-D(2.4-Dichlorophenoxy acetic acid)
68. 20. Diazinon
69. 21. Dicamba
70. 22. Dichlobenil
71. 23. Dichlone
72. 24. 2,2-Dichloropropionic acid
73. 25. Dichlorvos
74. 26. Diethyl amine
75. 27. Dimethyl amine
76. 28. Dintrobenzene
77. 29. Diquat
78. 30. Disulfoton
79. 31. Diuron
80. 32. Epichloropydrin
81. 33. Ethanolamine
82. 34. Ethion
83. 35. Ethylene diamine
84. 36. Ethylene dibromide
85. 37. Formaldehyde
86. 38. Furfural
87. 39. Guthion
88. 40. Isoprene
89. 41. Isopropanolamine dodecylbenzenesulfonate
90. 42. Kelthane
91. 43. Kepone
92. 44. Malathion
93. 45. Mercaptodimethur
94. 46. Methoxychlor
95. 47. Methyl mercaptan
96. 48. Methyl methacrylate
97. 49. Methyl parathion
98. 50. Mevinphos
99. 51. Mexacarbate
100. 52. Monoethyl amine
101. 53. Monomethyl amine
102. 54. Naled
103. 55. Npathenic acid
104. 56. Nitrotouene
105. 57. Parathion
106. 58. Phenolsulfanante
107. 59. Phosgene
108. 60. Propargite
109. 61. Propylene oxide
110. 62. Pyrethrins
111. 63. Quinoline
112. 64. Resorconol
113. 65. Strontium
114. 66. Strychnine
115. 67. Styrene
116. 68. 2,4,5-T(2,4,5-Trichlorophenoxy acetic acid)
117. 69. TDE(Tetrachlorodiphenylethane)
118. 70. 2,4,5-TP (2-(2,4,5 - trichlorophenoxy)propanic acid)
119. 71. Trichlorofan
120. 72. Triethanolamine dodecylbenzenesulfonate
121. 73. Triethylamine
122. 74. Trimethylamine
123. 75. Uranium
124. 76. Vanadium
125. 77. Vinyl Acetate
126. 78. Xylene
127. 79. Xylenol

128. 80. Zirconium

     1. (1) Coal mines.
     2. (2) Testing and reporting for all four organic fractions in the Greige Mills subcategory of the Textile Mills Industry and testing and reporting for the pesticide fraction in all other subcategories of this industrial category.
     3. (3) Testing and reporting for the volatile, base/neutral and pesticide fractions in the Base and Precious Metals Subcategory of the Ore Mining and Dressing industry, and testing and reporting for all four fractions in all other subcategories of this industrial category.
     4. (4) Testing and reporting for all four GC/MS fractions in the Porcelain Enameling industry.
     5. (5) Testing and reporting for the pesticide fraction in the Tall Oil Resin Subcategory and Rosin-Based Derivatives Subcategory of the Gum and Wood Chemicals industry and testing and reporting for the pesticide and base/neutral fractions in all other subcategories of this industrial category.
     6. (6) Testing and reporting for the pesticide fraction in the Leather Tanning and Finishing, Paint and Ink Formulation, and Photographic Supplies industrial categories.
     7. (7) Testing and reporting for the acid, base/neutral and pesticide fractions in the Petroleum Refining industrial category.

     8. (8) Testing and reporting for the pesticide fraction in the Papergrade Sulfite subcategories of the Pulp and Paper industry; testing and reporting for the base/neutral and pesticide fractions in the following subcategories: Deink Dissolving Kraft and Paperboard from Waste Paper; testing and reporting for the volatile, base/neutral and pesticide fractions in the following subcategories: BCT Bleached Kraft, Semi-Chemical and Nonintegrated Fine Papers; and testing and reporting for the acid, base/neutral, and pesticide

        fractions in the following subcategories: Fine Bleached Kraft, Dissolving, Sulfite Pulp, Groundwood-Fine Papers, Market Bleached Kraft, Tissue from Wastepaper, and Nonintegrated-Tissue Papers.

     9. (9) Testing and reporting for the base/neutral fraction in the Once-Through Cooling Water, Fly Ash and Bottom Ash Transport Water process wastestreams of the Steam Electric Power Plant industrial category.

     3.14 APPLICATION REQUIREMENTS OF SUBSECTION R317-8-3.8(7)(E) SUSPENDED FOR CERTAIN CATEGORIES AND SUBCATEGORIES OF PRIMARY INDUSTRIES. The application requirements of Subsection R317-8-3.5 (7)(c) are suspended for the following categories and subcategories of the primary industries listed in Subsection R317-8-3.11:

3.1 APPLYING FOR A UPDES PERMIT

KEY: water pollution, discharge permits

Date of Last Change: May 19, 2026

Notice of Continuation: August 29, 2022

Authorizing, and Implemented or Interpreted Law: 19-5; 40 CFR 122; 40 CFR 123; 40 CFR 125; 40 CFR 412; 40 CFR 503