Section 323.2194. State Permit Clean Corporate Citizen Benefits

An establishment that has been designated as a clean corporate citizen by the department under R 324.1504 is eligible for the following benefits related to state permits:

(a)   A clean corporate citizen applying for a new state permit, permit renewal, or permit modification may request the department to accelerate the application review. All of the following provisions apply to the request:

(i)   A clean corporate   citizen  shall  request  an  accelerated  review in writing.

(ii)   A clean corporate citizen shall submit an administratively complete application under R 323.2108 for the unit to be permitted.

(iii)     A clean corporate citizen or its authorized agent shall sign the written request.

(iv)     The department shall approve the request for an accelerated   permit application review within 15 calendar days after receipt of the request and required information, unless, within the 15-calendar-day period, the request is either denied in writing for cause by the department or an extension of up to 15 additional calendar days is specified in writing by the department. If the department fails to make its decision within the extended time period, then the request for  an  accelerated   permit application   review  is automatically approved at the end of the extended time period.

(v)   If the accelerated permit application review is approved, then the department shall complete a review of the application within 30 calendar days and recommend either that the permit be issued with or without special conditions or that the permit be denied.

(vi)   If the department recommends that the permit be issued, then the department shall provide a copy of the draft permit to the applicant and publish the public notice required under R 323.2117. The department shall issue or deny the permit within 15 calendar days after the conclusion of the public comment period, unless substantial new issues are raised  during the comment period or hearing.

(vii)     If the department recommends that the permit be  denied,  then  the department shall notify the applicant, in writing, of the deficiencies that caused the application to be denied. The department may extend the 30 day accelerated review period if an extension is requested by the applicant within 10 calendar days to address those deficiencies.

(viii)    If an extension is granted, an applicant will have 30 days to address the application  deficiencies.   If  the  applicant   sufficiently addresses the deficiencies,   then the department shall proceed with the issuance of the permit. If the applicant does not sufficiently address  the

deficiencies, then the department may proceed with permit denial or may place the application in lower priority status to afford the clean  corporate citizen additional time to address the deficiencies.

(b)   The department may authorize a clean corporate citizen to reduce the required frequency of effluent and groundwater monitoring at an  existing facility by up to 50%. All of the following provisions  apply to  reduced monitoring:

(i)     The department may reduce the effluent and groundwater monitoring requirements as outlined in the permit if all of the following criteria  are met:

(A)   The effluent limits set forth in the permit have been consistently met over a period of 1 year or over 12 sampling events.

(B)  The groundwater limits set forth in the permit have been consistently met for 4 consecutive sampling events.

(C)   The point of compliance for measuring groundwater impact is not more than 150 feet from the discharge point.

(ii)   Upon request by a clean corporate citizen, the department shall provide its decision to reduce effluent and groundwater monitoring within 30 days of receipt of documentation that the criteria specified in subparagraphs (A) to (C) of this paragraph have been met.

(iii)      The reduced monitoring specified in writing by the  department supersedes the monitoring frequency set forth in the permit. However, upon notice from the department that an effluent or groundwater permit limit has been or is being exceeded, the original sampling frequency as  specified in the permit shall immediately resume.

(c)  After notice to the department, unless disapproved by the department within 30 days, a clean corporate citizen  may  reduce  the  monitoring  or reporting requirements, or both, for upgradient wells specified in a permit to a frequency of once per year unless or until either of  the following occurs:

(i)    An effluent or groundwater permit limit is exceeded. If an exceedance of a permit limit in the effluent or the groundwater as a result of monitoring downgradient wells is found, then a clean corporate citizen shall immediately sample and monitor the upgradient well or wells and analyze the sample in accordance with requirements for sampling and analysis set forth in the permit. A clean corporate citizen shall continue the frequency of monitoring and reporting for the upgradient well or wells in accordance  with   the  permit  until  the   clean  corporate  citizen  can demonstrate to the department that the problem that caused the exceedance has been resolved.Once the clean corporate citizen has demonstrated that  the  problem  that caused the exceedance has been resolved, the clean corporate citizen may request the department to authorize reduced monitoring as specified in this subdivision.

(ii)   The permit expires.

(d)  After notice to the department, unless disapproved by the department within 45 days, a clean corporate citizen may use a product that is not specified in the current permit if an approved toxicologist certifies that the discharge would not violate the discharge standards in R 323.2222 as a result of using the product. All of the following provisions  apply to  the use of a product that is not specified in the current permit:

(i)    The department may approve a toxicologist for certifying a discharge if the toxicologist meets all of the following qualifications and if proof of the qualifications is provided to the department in writing:

(A)    The toxicologist possesses, at a minimum, a Master of Science degree in toxicology.

(B)    The toxicologist has at least 1 year of experience conducting toxicological reviews.

(C)    The toxicologist has a minimum of 1 year  of  practical   experience  in evaluating biological and chemical data to determine the potential impact to humans and other living organisms.

(ii)      Except for standards  developed  under  R  323.2222(2)(c)(ii)  soil treatment) of the Part 22 rules, a toxicologist who meets all of the criteria in paragraph (i)(A), (B), and (C) of this subdivision may review and certify product changes for a clean corporate citizen if both of the following occur:

(A)    The toxicologist follows the procedures in R 323.2220 for determining wastewater characteristics.

(B)   The toxicologist certifies that the discharge standards for each chemical constituent determined to be in the discharge meet the limits in R 323.2222.

(iii)      The notice in this subdivision   shall  include  copies  of  all documentation and materials used by the toxicologist to certify the product change.

(iv)     If, at anytime after the 45-day period specified in this subdivision, the department determines that the use of a product should be discontinued, then, upon written notification by the department, the clean corporate citizen shall either discontinue use of the product within 30 days or reduce the concentrations of the product to meet the applicable standards in R 323.2222. The clean corporate citizen shall notify the department by the end of the 30 day-period of its decision regarding the use of the product. If the concentration is reduced, the clean corporate citizen shall submit documentation  to  the department  which  demonstrates  that   the  reduced

concentrations are consistent with the discharge standards in R 323.2222.

(e)     R 323.2150 notwithstanding, a clean corporate citizen may petition the department to extend the expiration date for an existing permit for a period of up to 5 years if the clean corporate citizen can demonstrate that its facility has consistently maintained compliance with its permit for  the preceding 5 years.  All   of  the following provisions  apply to  a  permit extension:

(i)   To receive a permit extension, the clean  corporate   citizen  shall provide all of the following information to the department:

(A)   A written request for the permit extension that specifies the duration of the extension. A clean corporate citizen shall submit the extension request to the department not less than 180 days before the expiration date of the current permit.

(B)    A summary of reports on monitoring data and other  required   facility operations which demonstrates that the facility has consistently complied with its permit requirements for the preceding 5 years.

(C)   A certification that the current discharges are fully and  accurately represented in the most recent permit application.

(ii)    The written request for an extension satisfies the requirements for timely application for permit renewal.  If the department determines that the criteria in paragraph

(i)     of  this  subdivision   has  been  met,  then   the department shall extend the expiration date for the permit for the period  of time requested, but not for more than 5 years.

(iii)     If the department determines that the clean corporate citizen meets the necessary criteria to qualify for a permit extension, then within 30 days of making the determination the department shall publish a public notice stating that the department proposes to extend the existing permit. The notice shall also include the proposed new expiration date.

(iv)     The department shall extend the permit expiration date at the end of the public notice period unless either of the following occurs:

(A)  The department determines that the clean corporate citizen does not meet the criteria in paragraph (i) of this subdivision.

(B)    Based on comments received during the public comment period or other information, the department determines that further review of the permit is needed or that changes to the permit may be needed, or both, before extending the expiration date.

(v)   The department shall not extend a permit more than 5 additional years.

(f)   A nonmunicipal clean corporate citizen qualifies for a reduction in design reviews for industrial treatment processes by the department.  This subdivision  pertains to design reviews specified by rules or permit, including, but not limited to, the preliminary basis  of  designs,  new technologies, and alternative treatment systems.

(g)     A nonmunicipal clean corporate   citizen  may   construct  and  utilize wastewater treatment processes to comply with permit requirements without department approval of the plans and specifications for the wastewater treatment process if all of the following provisions are satisfied:

(i)   All process equipment is the proper size and  type for the intended application.

(ii)   Proper staffing, operation, and maintenance requirements have  been specified for the facility.

(iii)   The facility is designed to meet all permit limits when operated and maintained as specified.

History: 2000 AACS.