Section 323.2149. Other terms and conditions of state and national permits.  


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  • Rule 2149. (1) As part of the condition for issuing a state or national permit by the department pursuant to these rules, a discharger shall assure the department of all of the following:

    (a)    All discharges authorized by the permit are consistent with the terms and conditions of the permit and that the permittee will make all reasonable effort to meet any interim or final dates  of compliance specified in the permit.

    (b)   Any facility expansion, production increases, process  modifications, changes in discharge volume, or other changes in operations or conditions of the permittee which may result in a new or increased discharge of waste or wastewater shall be reported to the department by submission of a new application for a state or national permit pursuant to R 323.2108, or if the discharge does not violate effluent limitations specified in the permit, by submission to the department of notice of a new or increased discharge.

    (c)    The permittee shall allow any authorized department representative to enter upon the permittee's premises at any reasonable time, upon presentation of credentials, to have access to and copy any applicable records, to inspect process facilities, treatment works, monitoring methods or equipment therefore, or to sample any effluent of a discharge authorized by a permit.

    (d)  At all times the permittee shall maintain in good working order and operate as efficiently as possible any facilities or systems of control installed to achieve compliance with the terms and conditions of a permit.

    (2)   Before the department issues a state or national permit for a discharge from the publicly owned treatment works, it shall secure assurance from the applicant that it will be notified of all of the following:

    (a)   Any new introduction of waste or wastewater constituents into the treatment works from a source which would be a new source as defined in section 306 of the federal act if  the source  were discharging wastewater constituents.

    (b)  Except as to categories and classes of point sources or  discharges specified by the department, any new introduction of waste or wastewater constituents into the treatment works from a source which would be subject to section 301 of the federal act if the source were discharging waste or

    wastewater constituents.

    (c)     Any substantial change in volume or character of waste or wastewater constituents being introduced into such treatment works by a source discharging wastewater into the treatment works at the time of issuance of  a permit.

    (3)   If a permit is issued by the department for a discharge from a publicly owned treatment works, the permittee shall require any industrial user of the treatment works to comply with the requirements of sections 204(b), 307, and 308 of the federal act. To ensure compliance, a permittee shall require of each industrial user subject to the requirements of section  307   of  the federal act to submit periodic notice over intervals, of not more than 9 months, of progress toward full compliance with section 307 requirements. The permittee shall forward a copy of the periodic notice to the department.

History: 1979 AC; 2003 AACS.