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Home My WebLink AboutDWQ-2024-004277 STATE OF UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER QUALITY UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES) GENERAL PERMIT FOR CONSTRUCTION DEWATERING AND HYDROSTATIC TESTING UPDES Permit No. UTG07000 This General Permit for Construction Dewatering and Hydrostatic Testing (Permit) is issued in compliance with the provisions of the Utah Water Quality Act, Utah Code Title 19, Chapter 5 (the Act) under delegated authority according to Title 33 U.S Code § 1342 with federal oversight from the Environmental Protection Agency under the Federal Clean Water Act, Title 33 U.S Code § 1251, et seq., and the rules and regulations made pursuant to those statutes. This Permit authorizes discharges to waters of the State from construction dewatering/hydrostatic testing sites identified in a Notice of Intent that meet eligibility requirements, effluent limitations, monitoring requirements and other conditions set forth in this Permit. This Permit shall become effective on Month,Day, 2024.This Permit expires at midnight on Month, Day,2029.Signed thisX day of Month, 2024._________________________John K. Mackey, P.E.DirectorDWQ-2024-003695Table of ContentsCOVERAGE UNDER THIS PERMIT Permit Authority and Area Permitting Authority. Under the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program the Environmental Protection Agency (EPA) has granted primacy to the state of Utah with its storm water permit program. The Utah Admin. Code R317-8-2.5 authorizes the issuance of General Permits for categories of point sources within the same geographical area with discharges that are from similar types of operations and wastes, and that require similar effluent limitations and monitoring. Permit Area. This Permit Covers all areas of the State of Utah except for Indian lands. The State of the Utah, Department of Environmental Quality, Division of Water Quality (DWQ) does not have permit authority for Indian Lands. Storm water permits for Indian lands within the State must be acquired through EPA Region VIII, except for facilities on the Navajo Reservation or on the Goshute Reservation, which must acquire storm water permits through EPA Region IX. Coverage Under this Permit This Permit shall apply to construction dewatering of uncontaminated groundwater or surface water sources due to construction activities, hydrostatic testing of pipelines or other fluids vessels, water used in disinfection of drinking water vessels and other similar discharges in the State of Utah that have no discharge of process wastewater other than those described in this paragraph. Discharges Covered Under this Permit include: In-stream dewatering: cofferdams, drill hole or pylon development; Surface area dewatering: water pumped from disturbed surface areas (trenches, sumps, excavation pits, similar points of accumulation or other excavations associated with construction activities where sediment-laden ground water or surface water/storm inflow must be removed); and Ground water dewatering: water discharged from well development, well pump tests, or pumping of ground water from a construction area. Dewatering wells located within an active area of disturbance is subject to this Permit. Common methods of ground water dewatering from a construction area include sumps, wells, and well-points; and Hydrostatic Testing: such as piping systems, gas cylinders, fire extinguishing, storage tanks, boilers, chemical pipelines, and pressure vessels that are tested for strength and leaks. The following discharges are not covered under this Permit: This Permit does not authorize discharge from dewatering activities at hazardous waste sites, leaking chemical tanks, the discharge of toxic materials, or discharge of contaminated water, sanitary or industrial wastes (other than what is normally encountered at excavation and construction sites) at any location. This Permit does not authorize the discharge of treated groundwater or surface water due to cleanup of spills of hazardous or regulated materials, including fuel spills. This Permit does not constitute authorization under 33 U.S.C. § 1344 (Section 404 of the Clean Water Act) of any stream dredging or filling operations. Any dewatering discharge that is land applied and does not reach state waters or the storm drain is not regulated under this Permit, although a DWQ Groundwater Discharge Permit may be required. An authorization to discharge under this Permit, where the activity discharges to a municipal or private storm drain owned by another party or discharges to private or public lands or water ways, does not convey any rights or authorization to discharge to the above stated location. The permittee must contact the owner of the municipal separate storm sewer system (MS4), private storm drain or the private or public lands or water way and obtain permission to discharge. Obtaining Authorization to Discharge Obtaining Coverage. The permittee is authorized to discharge under the terms and conditions of this Permit after the submission of a complete and accurate Notice of Intent (NOI), the appropriate permit fee has been made, and the permittee receives confirmation of a successful transaction. The NOI certifies the permittee is eligible for coverages as outlined in Part I.B. The Permit fee covers a year of permit coverage. If a project extends more than a year from when the NOI was submitted the permittee must renew the coverage and remit the annual Permit fee within 60 days before the expiration. How to Submit the NOI.Permittees shall use EPA’s NPDES eReporting Tools NETRDHT:NeT Groundwater Remediation and Hydrostatic Testing General Permit at:https://npdes-ereporting.epa.gov/net-rdht/action/secured/homefor NOI submissions as well as to make payment of permit fees. As required in Part I.D. the permittee shall submit the NOI electronicallyvia NeTRDHT, unless the Director grants the permittee a waiver from electronically reporting. If a waiver has been granted, the permittee shall submitthe paper NOI which can be found at:https://deq.utah.gov/water-quality/general-construction-storm-water-updes-permits. The NOI requirements. The permittee shall provide the following information on the NOI: Operator Name, address, telephone, and an operator point of contact; Name of individual in charge of operation of the facility; Project/Site Information, including project name, address, latitude and longitude for the site, the estimated project starts and end date, and a project description including the reason for dewatering; All discharge outfall locations, estimated volume, outlet, the name of potential receiving water(s), and a treatment description; Certification that a Dewatering Control Plan (DCP) will be completed prior to dewatering, including Best Management Practices (BMPs) employed to the extent known for the dewatering activities. All NOIs must include a signature of theoperator, or authorized agent (Part V.G. Signatory Requirements) and the following certification statement: “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 violation. For hydrostatic testing the following shall be included in the NOI: The type of vessel being tested (e.g. pipe, tank, etc.); The material from which the vessel was constructed (e.g. steep pipe, etc.); Whether the vessel is new or used material; and A list of any pollutants that could reasonably be expected in the discharge other than minor amounts of silt/sand/sediment or oil and grease. Used product must be cleaned from the vessel before testing, any oil and grease coating new steel used in vessel construct must be cleaned before testing. Modifications to the NOI. The permittee shall submit corrections or updates to the NOI by submitting a “Change NOI” using NeTRDHT. Changes such as discharge locations, outfalls, or contacts for the site are required to be updated on the NOI. The permittee shall submit a Change NOI electronically via NeTRDHT, unless the Director grants the permittee a waiver from electronic reporting, in accordance with Part I.E. If any information supplied in the NOI changes at the facility, the permittee shall submit a Change NOI within thirty (30) days after the change occurs. Where a new operator takes control at an existing facility, the new operator shall submit a new NOI no later than thirty (30) calendar days after the change. The previous operator shall submit a Notice of Termination (NOT) no later than thirty (30) calendar days after the new permittee becomes active. Electronic Reporting Requirement. The permittee shall submit all NOIs, NOTs and Discharge Monitoring Reports (DMR), and other required reporting information as appropriate electronically unless the Director grants a waiver based on one of the following conditions.: The facility headquarters is physically located in a geographic area (i.e. zip code or census tract) that is identified as underserved for broadband internet access in the most recent report from the Federal Communications Commission; or The permittee has limitations regarding available computer access or computer capability. Electronic Submittal Waiver. If the permittee wishes to obtain a waiver from submitting a report electronically, he or she must submit a request to the Director at the following address: Department of Environmental QualityDivision of Water QualityPO Box 144870Salt Lake City, Utah 84114-4870The permittee shall include in the request which conditions listed in Part I.E.1 is applicable to the permittee and shall sign the request in accordance with Part V.G. A waiver may only be considered granted when the permittee receives written confirmation from the Director or an authorized representative. The permittee shall maintain a waiver for electronic submittal letter from the Director in an accessible format. Termination of Coverage. The permittee shall submit a certified NOT on NeTRDHT within thirty (30) days of the termination of discharge(s) authorized under this Permit online on NetRDHT at: https://npdes-ereporting.epa.gov/net-rdht/action/secured/home Exclusions The operator of a facility is excluded from coverage by this Permit solely because that facility already has an individual UPDES permit. The operator may request that the individual permit be revoked and that the facility be covered by this Permit. Upon revocation of the individual permit, this Permit shall apply to that facility. Any operator covered by this general permit may request to be excluded from the coverage by applying for an individual UPDES permit. In such cases, the permittee shall submit an individual application in accordance with the requirements of Utah Admin. Code R317-8.2.5. In addition, in accordance with Utah Admin. Code R317-8-2.5.6, the Director may require any operator covered under this permit to apply for and obtain an individual UPDES permit for reasons that include the following: The discharge(s) is a significant contributor of pollution. There is significant potential for pollutants other than uncontaminated sediment from excavation, or minor amounts of oil and grease from machinery (e.g. contaminated groundwater, chemicals released during specialized construction, etc.); The discharger is not in compliance with the conditions of this general permit; or Conditions or standard have changed so that the discharger no longer qualifies for a general permit. When an individual UPDES permit is issued to an operator otherwise covered under this general permit, the applicability of the general permit to that operator is automatically terminated upon the effective date of the individual UPDES permit. The Director may grant additional time to submit the application upon request of the applicant. If an operator fails to submit in a timely manner an individual UPDES permit application as required by the Director, then the applicability of this permit to the individual UPDES permittee is automatically terminated at the end of the day specified for application submittal. Requiring an Individual Permit or an Alternative General Permit. The Director may require any person authorized by this Permit to apply for and/or obtain either an individual UPDES permit or an alternative UPDES general permit. The Director may require any operator authorized to discharge under this Permit to apply for an individual UPDES permit only if the operator has been notified in writing that a permit application is required. This notification shall include: a brief statement of the reasons for this decision, an application form, a statement setting a deadline for the discharger to file the application, A statement that on the effective date of the individual UPDES permit or the alternative general permit as it applies to the individual permittee coverage under this general permit shall automatically terminate. Applications shall be submitted to the address of the DWQ shown in Part II.E.2 of this Permit. The Director may grant additional time to submit the application upon request of the applicant. If an operator fails to submit in a timely manner an individual UPDES permit application as required by the Director, then the applicability of this Permit to the individual UPDES permittee is automatically terminated at the end of the day specified for application submittal. EFFLUENT LIMITATION AND MONITORING REQUIREMENTSWater Quality Standards Discharge(s) must be controlled as necessary to meet applicable water quality standards. DWQ expects that compliance with the conditions in the Permit will result in discharges being controlled as necessary to meet applicable water quality standards. If at any time the permittee becomes aware, or DWQ determines that discharges are not being controlled as necessary to meet applicable water quality standards, the permittee shall take correction action to minimize or prevent the discharge of pollutants and documentation as described in Part II.C.12. Narrative Standard It shall be unlawful, and a violation of this Permit, for the permittee to discharge or place any waste or other substance in such a way as will be or may become offensive such as unnatural deposits, floating debris, oil, scum or other nuisances such as color, odor taste, or cause conditions which produce undesirable aquatic life or which produce objectionable tastes in edible aquatic organisms; or result in concentrations or combinations of substances which produce undesirable physiological responses in desirable resident fish, or other desirable aquatic life, or undesirable human health effects, as determined by bioassay or other tests performed in accordance with standard procedures. Specific Limitations and Self-Monitoring Requirements Effective immediately and lasting the duration of this Permit, the permittee is authorized to discharge from all Outfalls designated in the NOI. All authorized discharges shall be limited and monitored by the permittee as specified below:Table 1. Effluent Limits and Monitoring Requirements: Effluent Characteristics Discharge Limitations a, g Monitoring Requirements Average Average Daily Min Daily Max Measurement Frequency Sample Type 30 day 7 day Flow, GPD -- -- -- -- Weekly Instant Oil & Grease, visible b -- -- -- -- Daily Visual Observation Oil & grease, mg/L c -- -- -- 10 Weekly Grab pH, Standard Units h -- -- 6.5 9.0 Weekly Grab Total Suspended Solids, mg/L d 25 35e -- 70 Weekly Grab/ Composite Total Residual Chlorine (TRC), mg/L f -- -- -- -- Daily Grab a See Part VI, Definitions, for definition of terms. b Observe effluent daily for visible Oil & Grease sheen. c Sample for Oil and Grease only when a sheen is observed or other reasons to suspect the presence of oil. d The Director may allow exceptions to the total suspended solids monthly and weekly limitations on a case-by-case basis where the discharge will not exceed 45 days and the treatment system is designed, built, and operated to meet the maximum concentration limitation and there will be no significant detrimental effect on receiving water quality or downstream beneficial uses e The Director may allow exceptions if the duration is short and will not cause a detrimental effect. To receive exception to the 7-day Average monitoring requirement, the permittee shall submit a request to the Director. f The use of chlorinated water for a hydrostatic testing fluid shall not be allowed unless it can be demonstrated that the chlorine dissipates prior to discharge, poses no potential for toxic impacts to the receiving waters or proper dechlorination BMPs and monitoring has been performed. Permittee shall undertake chlorine sampling when chlorinated water is used and discharged to a stream with a chlorine standard. g The permittee must comply with all conditions of this permit. Any permit noncompliance which includes but is not limited to: violations of any effluent limit detailed in of this permit constitutes a violation of the Act and is grounds for enforcement action. Part III of this Permit further details the compliance responsibilities of the permittee. h Permittee shall analyze pH within 15 minutes. The Director may require additional one time or regular sampling other than that specified above. Permittee shall have additional monitoring and reporting requirements as deemed necessary by the Director when Impaired Water Body Water is intercepted during construction dewatering activities and discharged into an impaired water body. The permittee shall determine if the receiving water has been designated “impaired”, and contact the DWQ for assistance in making that determination. Permittee shall take all samples specified above at all the discharge point(s) identified in the NOI. Permittee shall take samples only when discharging and the samples shall be taken at a location that provides a representative analysis of the effluent just prior to discharge to the receiving water, or if the effluent is commingled with another permitted discharge, prior to such commingling. The flow rate shall not exceed the maximum capacity of any treatment device. Permittee shall place velocity dissipation devices for all points sources discharges at discharge locations and along the length of any outfall channel as necessary to ensure non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g. no deleterious effects or significant changes in the hydrological regime in the receiving water). Permittee shall discharge all waters in a manner to prevent erosion, scouring, or damage to stream banks, streambeds, or ditches. Permittee shall minimize the concentration of Oil and Grease to the maximum extent practicable. Permittee shall install appropriate dewatering BMPs to manage discharges from dewatering activities to meet the permit requirements as described in this section. Dewatering controls must be correctly installed and appropriately managed. Permittee shall developand implement a written site-specific DCP prior to initiating dewatering of uncontaminated groundwater or surface water sources is required. The DCP must be available and updated to reflect site specific BMPs. A DCP Template is available on the DWQ website at: https://deq.utah.gov/water-quality/general-construction-storm-water-updes-permits. Corrective Action Practices. The permittee must control and manage discharges as necessary to meet the Permit standards. The permittee must take Corrective Action upon any visual observation of BMP failure, inadequate BMPs, or an observation of the following in the discharge or receiving waters: a sediment plume, suspended solids, unusual color, presence of odor, decreased clarity, the presence of foam a visible sheen on the water surface or oily deposits on discharge or the receiving water or any other evidence of discharge not meeting the Permit requirements. Permittee shall conduct the following Corrective Action steps: Take a grab sample for analysis anytime there is an observation of elevated turbidity and/oil and grease; Cease discharge of dewatering effluent until the issue is resolved; Conduct a site-wide inspection to observe operation conditions and BMP maintenance; Address any BMP failures, determining whether there was a failure in design, maintenance or installation and perform the appropriate measures to fix the failure, including determining whether BMPs should be modified or if additional measures must be taken; Document the issue and resolution in the daily log and update the DCP; The permittee shall notify DWQ with the appropriate written and oral notification requirement as detailed in Part III.L-N.MONITORING, RECORDING AND REPORTING REQUIREMENTS Representative SamplingPermittee shall design and/or modify discharge points so that a sample of the effluent can be obtained at a point after the final treatment process and prior to discharge to state waters. Permittee shall ensure samples and measurements taken as required herein are representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this Permit and unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. The permitteeshall not change monitoring point without notification to and approval by the Director. The permittee shall provide access to the Division to sample the discharge at these points. Monitoring Procedures Permittee shall conduct monitoring according to test procedures approved under Utah Admin. Code R317-2-10, unless other test procedures have been specified in this permit. Flow Measuring DeviceAt the request of DWQ, the permittee shall show proof of the accuracy of any flow-measuring device or method used in obtaining data submitted in the monitoring report. The flow-measuring device must indicate values within ten (10%) percent of the actual flow being discharged from the facility. Analytical and Sampling Methods for Monitoring and Reporting The permittee shall install, calibrate, use and maintain monitoring methods and equipment.Permittee shall perform all sampling according to specified methods in 40 C.F.R. Part 136; methods approved by EPA pursuant to 40 C.F.R. Part 136; or methods approved by the Director, in the absence of a method specified in or approved pursuant to 40 C.F.R. Part 136. Penalties for TamperingThe Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this Permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment, or by both. Discharge LogThe permittee shall maintain a documented Discharge Log which shall be kept onsite while discharging. Permittee shall update the log within 72 hours of the occurrence of any activity requiring documentation in accordance with this Permit. The log shall contain the following information for each permitted outfall: The dates and times when a discharge commences and ends; The outfall(s), or if discharging from an undefined discharge outfall(s), the receiving water for the discharge and the location that the outfall, including the latitude and longitude to the nearest 15 seconds, general descriptions of the location, and a map showing the discharge locations. A description of the pollutant control practices and control measures used during construction dewatering, including: For all filter devices – document the pollutant control filter maximum flow rate that will maintain compliance with the permit effluent limits and a drawing, sketch, and/or written description of the installation and implementation specifications; For all settling devices – document the residence time and maximum flow rate that will maintain compliance with the Permit effluent limits and a drawing, sketch, and/or written description of the installation and implementation specifications; For all other techniques and methods implemented to remove pollutants prior to discharge, such as but not limited to pump gravel-packs, sump conditions, and well screens – document the technique used and its intended purpose, the maximum flow rate for operation that will maintain compliance with the permit effluent limits, and a drawing, sketch, and/or written description of the installation and implementation specifications; and If no treatment has been determined necessary to remove pollutants prior to discharge in order to maintain compliance with the Permit effluent limits – a statement identifying that no treatment will be provided The method used to measure flow, in accordance with Part II.C. Daily LogThe permittee shall perform daily inspections of dewatering operations and maintain a daily log during the periods of dewatering activities (or dewatering discharge). The daily log must contain: date and time of observations, identifications of the person recording the observation, monitoring results (visual or grab sample), inspection observations as identified in the site’s DCP, any problems observed, and any corrective action performed. The daily log can be included in the Discharge Log. The permittee must maintain records, including the daily log, for a period of at least three years and make these records available to DWQupon request. Reporting of Monitoring ResultsMonitoring sampling results as required in Part II.C. obtainedduring the previous month shall be summarized and reported by the permittee electronically under Utah Admin. Code R317.1.9 on NeTDMR at:https://npdes-ereporting.epa.gov/net-netdmr on the permit specific populated DMR Form, unless an Electronic Waiver has been approved by the Director as described in Part I.E. Permittee shall submit a DMR for every month the coverage under the Permit is active. A DMR is required for every month the permittee has coverage under the Permit. The DMR is due later than the 28th day of the month following the completed reporting period. Monthly DMRs are required to be submitted by thepermittee until a NOT has been submitted or the permit has expired. If no discharge occurs for that monitoring period, permittee shall report a DMR of “No Discharge.” If an Electronic Waiver has been approved by the Director as outlined in Part I.E., legible copies of DMRs and all other reports herein, shall be signed and certified in accordance with the requirements of Part V.G., Signatory Requirements, and submitted to the address provided in Part I.E.2. A template DMR can be found at:https://deq.utah.gov/water-quality/general-construction-storm-water-updes-permits Additional Monitoring by the PermitteeIf the permittee monitors any parameter more frequently than required by this Permit, using test procedures approved under 40 C.F.R. 136, or unless other approved test procedures have been specified in the Permit as required under Utah Admin. Code R317-2-10, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. Such increased frequency shall also be indicated. Only those parameters required by the Permit need to be reported. Record ContentsThe permittee shall maintain records of monitoring which shall include the following information; The date, exact place, and time of sampling or measurements; The individual(s) who performed the sampling or measurements; The date(s) and times(s) analyses were performed; The individual(s) who performed the analyses; The analytical techniques or methods used; The results of such analyses; and The daily log. Retention of RecordsThe permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this Permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by notification of the Director at any time. A copy of this Permit must be available on site during the duration of activity at the permitted location. Twenty-Four Hour Notice of Noncompliance Reporting Permittee shall orally report any noncompliance which may endanger health or environment as soon as possible, but no later than twenty-four (24) hours from the time the permittee first became aware of the circumstance. The report shall be made in addition to, and not in lieu of, any other reporting requirement applicable to the noncompliance. The report shall be made to DWQ, 801-536-4300 or the 24-hour answering service 801-536-4123. Permittee shall report the following occurrences of noncompliance by telephone 801-536-4123 as soon as possible but no later than 24 hours from the time the permittee becomes aware of the circumstances: Any noncompliance which may endanger health or the environment; Any unanticipated bypass which exceeds any effluent limitation in the permit (See Part IV.G. Bypass of Treatment Facilities); or Any upset which exceeds any effluent limitation in the permit (See Part IV.H. Upset Conditions); or Violations of maximum daily discharge limitation for any of the pollutants listed in the permit. Written Noncompliance Reports Permittee shall provide a written submission within five days of the time that the permittee becomes aware of the circumstances. A template for Written Noncompliance Reports can be found at: https://deq.utah.gov/water-quality/general-construction-storm-water-updes-permits. The written submission shall contain: A description of the noncompliance and its cause; The period of noncompliance, including exact dates and times; The estimated time noncompliance is expected to continue if it has not been corrected; Steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and Steps taken, if any, to mitigate the adverse impacts on the environment and human health during the noncompliance period. Waiver for Report. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours by DWQ. Other Information. Where the permittee becomes aware that it failed to submit any relevant fact in an NOI, or submitted incorrect information in its NOI, or in any report to the Director, it shall promptly submit such facts or information. Other Noncompliance ReportingInstances of noncompliance not required to be reported within 24 hours shall be reported by the permittee at the time that monitoring reports for Part III.H. are submitted. The reports shall contain the information listed in Part III.M. Inspection and Entry The permittee shall allow the Director, or an authorized representative, including an authorized contractor acting as a representative of the Director, upon the presentation of credentials and other documents as may be required by law, to: Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this Permit; and Sample or monitor at reasonable times, for the purpose of assuring Permit compliance, or as otherwise authorized by the Act, any substances or parameters at any location. COMPLIANCE RESPONSIBILITIES Duty to ComplyThe permittee must comply with all conditions of this Permit. Any Permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for NOI termination, revocation and reissuance, or modification; or for denial of an NOI. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with Permit requirements. Penalties for Violations of Permit ConditionsIn accordance with Utah Admin. Code § 19-5-115(2), any person who violates a Permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Except as provided at Part IV.G. Bypass of Treatment Facilities and Part IV.H. Upset Conditions, nothing in this Permit shall be construed to relieve the permittee of the civil or criminal penalties for noncompliance. Need to Halt or Reduce Activity not a DefenseIt shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit. Duty to MitigateThe permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this Permit which has a reasonable likelihood of adversely affecting human health or the environment. Proper Operation and MaintenanceThe permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this Permit. Proper operation and maintenance also includes adequate laboratory controls and quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the Permit. Removed SubstancesCollected screening, grit, solids, sludge, or other pollutants removed in the course of treatment shall be disposed of in such a manner so as to prevent any pollutant from entering any waters of the state or creating a health hazard. Sludge/digester supernatant and filter backwash shall not directly enter either the final effluent or waters of the state by any other direct route. Bypass of Treatment Facilities Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Part IV.G.2. Prohibition of bypass Bypass is prohibited and the Director may take enforcement action against a permittee for a bypass, unless:The bypass was unavoidable to prevent loss of human life, personal injury, or severe property damage;There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and,The permittee submitted notices as required under Part IV.G.3. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in Part IV.G.2. Notice Anticipated bypass. Except as provided in Part IV.G.2.and in Part IV.G.4., if the permittee knows in advance of the need for a bypass, it shall submit prior notice, at least 90 days before the date of bypass. The prior notice shall include the following unless otherwise waived by the Director: Evaluation of alternative to bypass, including cost benefit analysis containing an assessment of anticipated resource damages; A specific bypass plan describing the work to be performed including scheduled dates and times. The permittee must notify the Director in advance of any changes to the bypass schedule; Description of specific measures to be taken minimize environmental and public health impacts; A notification plan sufficient to alert all downstream users, the public and others reasonably expected to be impacted by the bypass; A water quality assessment plan to include sufficient monitoring of the receiving water before, during and following the bypass to enable evaluation of public health risks and environmental impacts; and Any additional information requested by the Director. Emergency Bypass. Where ninety days advance notice is not possible, the permittee must notify the Director, and the Director of Department of Natural Resources, as soon as it becomes aware of the need to bypass and provide to the Director the information in Part IV.G.3.a. to the extent practicable. Unanticipated Bypass. The permittee shall submit notice of an unanticipated bypass to the Director as required in Part III., Twenty-Four Hour Notice of Noncompliance Reporting. The permittee shall also immediately notify the Director of the Department of Natural Resources, the public and downstream users and shall implement measure to minimize impacts to public health and environment to the extent practicable. Upset Conditions Effect of an upset. An upset constitutes an affirmation defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part IV.G. of this section are met. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: An upset occurred and that the permittee can identify the causes(s) of the upset; The permitted facility was at the time being properly operated; The permittee submitted notice of the upset as required under Part III.L., Twenty-Four Hour Notice of Noncompliance Reporting; and, The permittee complied with any remedial measures required under Part IV.D., Duty to Mitigate. Toxic PollutantsThe permittee shall comply with effluent standards or prohibitions established under the CWA, § 307(a) and promulgated at 40 C.F.R. 401.15 and Utah Admin. Code R317-8-3.13. Changes in Discharge of Toxic SubstancesThe permittee shall notify the Director in accordance with the notification requirements in Part III. as soon as the permittee knows of, or has reason to believe: That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following “notification levels”One hundred micrograms per liter (100 ug/L);Two hundred micrograms per liter (200 ug/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony;That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the Permit, if that discharge will exceed the highest of the following “notification levels”Five hundred micrograms per liter (500 ug/L);One milligram per liter (1 mg/L) for antimony; Industrial PretreatmentAny wastewaters discharged to the sanitary sewer, either as a direct discharge or as a hauled waste, are subject to Federal, State and local pretreatment regulations. Pursuant to CWA § 307, the permittee shall comply with all applicable federal General Pretreatment Regulations promulgated at 40 C.F.R. 403, the State Pretreatment Requirements at Utah Admin. Code R317-8-8, and any specific local discharge limitations developed by the Publicly Owned Treatment Works (POTW) accepting the wastewaters.In addition, in accordance with 40 C.F.R. 403.12(p)(1), the permittee must notify the POTW, the EPA Regional Waste Management Director, and the State hazardous waste authorities, in writing, if they discharge any substance into a POTW which is otherwise disposed of would be considered a hazardous waste under 40 C.F.R. 261. This notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous or batch).GENERAL REQUIREMENTS Planned ChangesThe permittee shall give notice to the Director as soon as possible of any planned physical alteration or additions to the permitted facility. Notice is required only when:The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in Utah Admin. Code R317-8-8.3; orThe alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit nor to notification requirements under Utah Admin. Code R317-8-4.1(15). Anticipated NoncomplianceThe permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity, which may result in noncompliance with permit requirements. Permit ActionsThis permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. Duty to ReapplyIf the permittee wishes to continue an activity regulated by this Permit after the expiration date of this Permit, the permittee shall apply for and obtain a new Permit. The renewal shall be submitted on NeTRDHT least 60 days before the expiration of the permit. If submitted after this time frame, the permittee must acquire a new permit as required in UAC R317-8-3.1. Duty to Provide InformationThe permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Permit, or to determine compliance with this Permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this Permit. Other InformationWhen the permittee becomes aware that it failed to submit any relevant facts in an NOI, or submitted incorrect information in an NOI or any report to the Director, the permitteeshall promptly submit such facts or information. Signatory RequirementsAll applications, reports or information submitted to the Director shall be signed and certified as follows: For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: 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 the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars) if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; For a partnership of sole proprietorship: by a general partner or the proprietor, respectively; or 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 (1) the chief executive officer of the agency; or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. Regional Administrators of EPA). All reports required by the Permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:The authorization is made in writing by a person described above and submitted to the Director, and,The authorization specifies either an individual or a position having responsibility for the operation of the construction site, regulated facility, such as the position of lead operator, foreman, plant manager, superintendent, position of equivalent responsibility, an individual or position having responsibility for environmental matters or an individual having specific environmental responsibility over water discharge matters. A duly authorized representative may thus be either a named individual or any individual occupying a named position. Changes to authorization. If an authorization under Part V.G. 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 Part V.G. must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative. Electronic Signatures. Accordance with Utah Admin. Code R317-1-9, a person may submit DMR and related information only after completion of a Subscriber Agreement in a form designated the Director to ensure that all requirements of 40 C.F.R. 3, EPA’s Cross Media Electronic Reporting Regulation (CROMERR) are met; and completion of subsequent steps specified by EPA's CROMERR, including setting up a subscriber account. Any person who submits a DMR or related information under the NetDMR program, and who electronically signs the report or related information under the NetDMR program, and how electronically signs the report or related information is by providing an electronic signature making the same certification shown in Part IV.G.5. 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." Penalties for Falsification of Reports.The Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000.00 per violation, or by imprisonment, or by both. Availability of Reports.Except for data determined to be confidential under Utah Admin. Code R317-8-3.3, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the office of Director. As required by the Act, NOIs, permits and effluent data shall not be considered confidential. Oil and Hazardous Substance LiabilityNothing in this Permit shall be construed to preclude the permittee of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under the Act. Property RightsThe issuance of this Permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. SeverabilityThe provisions of this Permit are severable, and if any provisions of this Permit, or the application of any provision of this Permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Permit, shall not be affected thereby. State or Federal Laws. Nothing in this Permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority preserved by Utah Code §19-5-117 and CWA § 510 or any applicable Federal or State transportation regulations, such as but not limited to the Department of Transportation regulations. Water Quality - Reopener ProvisionThis Permit may be reopened and modified if one or more of the following events occurs:Water Quality Standards for the receiving water(s) to which the permittee discharges are modified in such a manner as to require different effluent limits than contained in this permit.A final wasteload allocation is developed and approved by the State and/or EPA for incorporation in this permit.Revisions to the current CWA § 208 area wide treatment management plans or promulgations/revisions to TMDLs (40 CFR 130.7) approved by the EPA and adopted by DWQ which calls for different effluent limitations than contained in this permit. Storm Water Storm water permit requirements are not covered under this Permit. Coverage under the General Permit for Storm Water Discharges from Construction Activities (CGP) is required for projects which disturb one (1) acre or greater. These sites must develop and implement a sediment and erosion control plan or Storm Water Pollution Prevention Plan utilizing BMPs for the control of storm water runoff. All sites one (1) acre or greater are required to submit a Notice of Intent with DWQ prior to any disturbance. Coverage under the CGP may be waived for small construction sites that disturb between 1 to 5 acres if construction will start and finish (meaning final stabilization) between January 1 and April 30 of the same calendar year (Low Erosivity Waiver). Reasonable measures to control erosion and sediment transport must still be used in case runoff occurs during the time period. All point source discharges that are covered under a storm water permit shall be required to install velocity dissipation devices at discharge locations along the length of any outfall channel as necessary to insure nonerosive velocity flow from the structure to water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g. no significant changes in the hydrological regime of the receiving water). A copy of the CGP can be viewed and downloaded at the DWQ website. DEFINITIONS, ABBREVIATIONS AND ACRONYMS. Definitions Pertaining to this Permit The “7-day (and weekly) average”, other than for E. coli bacteria, fecal coliform bacteria, and total coliform bacteria, is the arithmetic average of all samples collected during a consecutive 7-day period or calendar week, whichever is applicable. Geometric means shall be calculated for E. coli bacteria, fecal coliform bacteria, and total coliform bacteria. The 7-day and weekly averages are applicable only to those effluent characteristics for which there are 7-day average effluent limitations. The calendar week, which begins on Sunday and ends on Saturday, shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms. Weekly averages shall be calculated for all calendar weeks with Saturdays in the month. If a calendar week overlaps two months (i.e., the Sunday is in one month and the Saturday in the following month), the weekly average calculated for that calendar week shall be included in the data for the month that contains Saturday.The "30-day (and monthly) average," other than for E. coli bacteria, fecal coliform bacteria and total coliform bacteria, is the arithmetic average of all samples collected during a consecutive 30-day period or calendar month, whichever is applicable. Geometric means shall be calculated for E. coli bacteria, fecal coliform bacteria and total coliform bacteria. The calendar month shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms.“Act,” means the Utah Water Quality Act. “Best Management Practices” (“BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. “Bypass,” means the diversion of waste streams from any portion of a treatment facility.“Composite Samples” shall be flow proportioned. The composite sample shall, as a minimum, contain at least four (4) samples collected over the compositing period. Unless otherwise specified, the time between the collection of the first sample and the last sample shall not be less than six (6) hours nor more than 24 hours. Acceptable methods for preparation of composite samples are as follows:Constant time interval between samples, sample volume proportional to flow rate at time of sampling;Constant time interval between samples, sample volume proportional to total flow (volume) since last sample. For the first sample, the flow rate at the time the sample was collected may be used;Constant sample volume, time interval between samples proportional to flow (i.e., sample taken every “X” gallons of flow); and,d. Continuous sample volume, with sample collection rate proportional to flow rate. “CWA,” means The Federal Water Pollution Control Act, as amended, by the Clean Water Act of 1987 as subsequently amended (33 U.S.C 1251 et seq.).“Control Measures” means any stormwater control or other method used to prevent or reduce the discharge of pollutants of waters to the state. “Corrective Action” means any action taken, or required to be taken, to:Repair, modify, or replace any dewatering controls used at the site; Clean up and dispose of spills, releases, or other deposits found on the site; or Remedy a permit violation.“Daily Maximum” (Daily Max.) is the maximum value allowable in any single sample or instantaneous measurement. “Director,” means Director of the Division of Water Quality.“ Discharge Monitoring Report” (DMR). A report of the results of discharge monitoring required by the Permit. “Discharge Point” means the location where collected and concentrated stormwater flows are discharged from the facility such that the first receiving waterbody into which the discharge flows, either directly or through a separate storm sewer system, is a water of the state. “Effluent Limitation Guidelines” means a regulation published by the EPA under Section 304(b) of the Clean Water Act to adopt or revise effluent limitations.“EPA,” means the United States Environmental Protection Agency.“Feasible” means technologically possible and economically practicable and achievable in light of best industry practices.A “grab” sample, for monitoring requirements, is defined as a single “dip and take” sample collected at a representative point in the discharge stream.“Hazardous Waste” means any liquid, solid, or contained gas that contain properties that are dangerous or potentially harmful to human health or the environment.“Hazardous Substance” means any substance designated under 40 CFR Part 116.An “instantaneous” measurement, for monitoring requirements, is defined as a single reading, observation, or measurement.“MS4” Municipal Separate Storm Sewer System. Large or medium MS4s shall mean all MS4s that are either: a. located in an incorporated place (city) with a population of 100,000 or more as determined by the latest Decennial Census by the Bureau of Census.at the issuance date of this permit, Salt Lake City is the only city in Utah that falls in this category; b. located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties. At the issuance date of this permit Salt Lake County is the only county that falls in this category and the County only manages the system for facilities owned by the County; or c. owned or operated by a municipality other than those described in paragraph a. or b. and that are designated by the Director as part of the large or medium municipal separate storm sewer system.“Minimize” means to reduce and/or eliminate to the extent achievable using control measures that are technologically available and economically practicable and achievable in light of best industry practices.“Notice of Intent,” (NOI) is an application form that is used to obtain coverage under the General Permit for Construction Dewatering/Hydrostatic Testing.“Notice of Termination,” (NOT) it is a form used to terminate coverage under this Permit.“NPDES”the National Pollutant Discharge Elimination System defined by 40 C.F.R. 122.2 as national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of Clean Water Act.“Operator” means, for the purposes of this Permit and in the context of discharges associated with construction dewatering and/or hydrostatic testing, any party associated with a project that meets either of the following two criteria: 1) the party which has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications (e.g. in most cases this is the record owner of the site, sometimes it is a lessor); or 2) the party which has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the Permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the Permit; in most cases this is the general contractor of the project).“Outfall” see “Discharge Point.”“Point Source” means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharges. This term does not include return flows from irrigated agriculture or agriculture storm water runoff. “Pollutant” defined in 40 C.F.R. 122.2. A partial listing from this definition includes: dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.“Pollution” means any man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of any waters of the State, unless such alteration is necessary for the public health and safety. Alterations which are not consistent with the requirements of the Clean Water Act and implementing regulations shall not be deemed to be alterations necessary for the public health and safety. A discharge not in accordance with Utah Water Quality Standards, stream classification, and UPDES permit requirements, including technology-based standards shall be deemed to be pollution.“Process Wastewater” means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.“Severe Property Damage,” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.“Site” means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.“Uncontaminated Discharge” means a discharge that does not cause or contribute to an exceedance of applicable water quality standards. “Upset,” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.Abbreviations and Acronyms BMPs – Best Management Practices CFR – United States Code of Federal Regulations CGP – Construction General PermitCDHT- Construction Dewatering Hydrostatic Testing Permit DEQ – Utah Department of Environmental QualityDCP- –Dewatering Control PlanDMR –Discharge Monitoring ReportsDWQ – Utah Division of Water QualityEPA – United States Environmental Protection Agency MS4 – Municipal Separate Storm Sewer System NeTDMR-NPDES eReporting Tool Discharge Monitoring ReportingNeTRDHT – NPDES eReporting Tool Remediation Dewatering Hydrostatic Testing NOI – Notice of Intent.NOT – Notice of Termination NPDES – National Pollutant Discharge Elimination System POTW – Publicly Owned Treatment Works UPDES – Utah Pollutant Discharge Elimination System