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Home My WebLink AboutDWQ-2025-003755 Individual UPDES Permit Path Guidance Document UPDES Individual Permit Section Utah Division of Water Quality Updated April 2025 This Guidance Document outlines the path to an Individual Utah Pollutant Discharge Elimination System (UPDES) Permit with the Utah Division of Water Quality (Division) for prospective Permittees. Please note, individual circumstances could cause deviation from this Guidance Document. UPDES Permits are required for all point source surface water discharges into a water of the state. UPDES Permits are required to protect the chemical, physical, and biological integrity of the state’s waters. Requirements for UPDES permits are based on the Utah Water Quality Act (Utah Code 19-5) and Utah Administrative Code R317-8. The prospective Permittee will be required to obtain UPDES Individual Permit when the surface water discharge cannot be covered by a UPDES General Permit. A UPDES Permit is required prior to initiating discharge, General Process Path to an Individual UPDES Permit Preliminary Wasteload Analysis The prospective Permittee will need to obtain a Preliminary Wasteload Analysis (PreWLA). The PreWLA will provide the prospective Permittee with the anticipated effluent limitations required to have a point source discharge to surface water. The PreWLA requires written agreement for cost recovery based on the most up to date legislatively approved fee schedule, currently $125/hr, with an estimated 20-30 hrs to complete the PreWLA. The effluent limitations developed for the PreWLA will be based off of the following: Numeric Criteria (Utah Administrative Code (UAC) R317-2-14) in accordance with the class of the receiving waterbody (UAC R317-2-13). If applicable, the prospective Permittee will also need to meet EPA Effluent Guidelines associated with their Standard Industrial Classification Code. If applicable, the prospective Permittee will be subject to any Approved Total Maximum Daily Loads, state/federal programs, or any existing site-specific requirements in Rule. Process for PreWLA Step 1: Locate the Preliminary Wasteload Request Requirements Document on our webpage under the Individual Permits < UPDES Permit Application Forms Tab or by clicking this link. Step 2: Submit the completed request to Danielle Lenz, UPDES Individual Permitting Section Manager by email (dlenz@utah.gov). The request must include all items listed in the Preliminary Wasteload Request Requirements Document. Step 3: Once a complete PreWLA Request is received,the Division will issue a receipt, via email, of a complete PreWLA Request. From the date of this receipt, the Division aims to provide the prospective Permittee with the PreWLA within three months or less. During this step, the project will be assigned to a specific Permit Writer. Step 4: The Division will issue the PreWLA to the prospective Permittee. An invoice will be sent to the prospective Permittee along with the PreWLA for the cost recovery. UPDES Individual Permit Application and Draft UPDES Permit Once the prospective Permittee has the PreWLA, they need to decide if they want to move forward with an Individual UPDES Permit. If they do, the prospective Permittee needs to submit an UPDES Individual Permit Application. Note: Under typical circumstances, DWQ Engineering Section will not issue a construction Permit until UPDES Individual Permit is issued. This does not mean that discussions with the DWQ Engineering Section should not happen prior to Permit issuance or application submission. Process for Application Submittal and Draft UPDES Permit Step 1: Locate the appropriate application form on our webpage under the Individual Permits < UPDES Permit Application Forms Tab. Application documents are available for both Industrial Discharges (more common) and Municipal Discharges. In order for a Application to be considered complete it may also require the following: Antidegradation Review (ADR)- Since the process will result in a new Permit, a Level II ADR is required. See ADR webpage for more information. This is included in each application type. Type 1 and Type II Reuse- If the project involves Reuse of water, please submit a Reuse Project Plan with the application, in accordance with UAC R317-3-11. Great Salt Lake Extraction Permits - If the new Permit is for discharges associated with extracting minerals on the Great Salt Lake, please complete additional application requirements in accordance with UAC R317-16. You will also need to coordinate with the Division of Forestry, Fire, and State Lands. Step 2: Submit the application via email to the Permit Writer that assisted you with your PreWLA and the UPDES Individual Permitting Section Manager. Step 3: Once the Division has received a complete UPDES Individual Permit application, the prospective Permittee will be sent a letter documenting that the application is complete.The Division aims to have the final UPDES Individual Permit issued in six months or less from the date the application was determined complete.. Step 4: Prospective Permittee will be given the opportunity to review and comment on the draft UPDES Permit and associated Fact Sheet prior to the Public Notice Comment Period. This Per-Public Notice review period is typically 14 days. Step 5: As required, the Division will hold a 30-day Public Notice Comment Period for the draft UPDES Permit, Fact Sheet, ADR, and other relevant permitting documents. If there are Public Comments on the draft Permit, it may delay issuance. Step 6:The Division will finalize the UPDES Permit and associated documents. If applicable, the Division will complete responses to Public Comment. The Division may reach out to the prospective Permittee to allow for them to draft responses to comments. If significant comments are received resulting in major changes to the Permit, it will require another public notice. Individual UPDES Permit Issuance and Permittee Requirements After the Division has finalized the UPDES Individual Permit, Fact Sheet, and other associated documents, and sufficiently responded to Public Comments (as applicable); the Director will issue a Final UPDES Individual Permit, typically for a duration of 5 years. The Permittee will be required to be in compliance with the requirements outlined in their Permit, including submission of Monthly Discharge Monitoring Reports (DMRs). Important Permittee Information Annual Fee:The Division will collect an Annual Fee associated with the Permit based on the most up to date legislatively approved fee schedule. UPDES Permit Renewal: The Individual UPDES Permit is required to be renewed every 5 years. A renewal application is due at least 180 days prior to Permit expiration. Permit Modification: Permittees should communicate with their Permit Writer if they need a Permit Modification. Minor Modifications do not require Public Notice, but a Major Modification will require a 30-day Public Notice. All modifications will be subject to a cost recovery fee, currently $125/hr. Permit Termination: Permit can be terminated in one of two ways; not renewing the Permit or Permit termination of an active Permit. For the latter, see requirements outlined in UAC R317-8-6(6.2) or reach out to your Permit Writer for support. NetDMR Account: The Permittee is required to submit DMRs on NetDMR, EPA’s e-reporting website. In order to do so, the Permittee is required to create an account. To do so, go to the EPA CDX webpage, create an account, and request access to the associated Permit. Once complete, inform your assigned Permit Writer and they will authorize you in the system. Once you are authorized, you will be able to enter your DMRs each month. Permit Ownership Transfer: Permit ownership can be transferred to a different owner. Contact your Permit Writer for a copy of the most up to date form and further instruction on completing the transfer. Inspections: The Division is required to inspect the permitted facility; frequency of inspection will depend on size and type of facility. In most cases, Division Inspectors will reach out prior to arrival, but unanticipated inspections are also within the Division’s authority. Please contact UPDES Individual Permit Section Manager, or, if assigned, your Permit Writer, with any questions on this process.