Section 323.2192. General permits; application and coverage.  


Latest version.

All data is extracted from pdf, click here to view the pdf.

  • All of the following provisions are application  requirements  for coverage under general permits and shall be complied with:

    (a)   A person who requests coverage under a general permit shall comply with all applicable requirements of this part, except where the department has approved an amended application form that is specific to a general permit.

    (b)   Upon the receipt of an application for coverage under an existing general permit, the department shall determine if the discharge meets the criteria for coverage under the general permit. The issuance of a notice of coverage by the department which states that the discharge meets the criteria initiates coverage by the general permit.

    (c)   The department shall promptly report to the department each person having a discharge for which coverage by general permit has been initiated pursuant to the provisions of subdivision (b) of this rule. A person who is aggrieved by the coverage may file a sworn petition for a contested case hearing on the matter with the department in accordance with the provisions of section 3113 of part 31 of the act. A petition that is filed more than 60 days after coverage by the general permit is reported to the  department  may be rejected by the department as being untimely.

    (d)  A person who holds an individual national permit for a point source discharge that is excluded from a general permit solely because the person already has an individual national permit may apply for coverage under the general permit. The department may terminate the individual national permit and include the discharge under the coverage of the general  permit  if  the department determines that the general permit is more appropriate.

History: 1992 AACS; 2003 AACS.