OAR 340-045-0035: Issuance of NPDES Permits

(1) DEQ will review each application on its own merits after determining the application is complete for processing. DEQ will develop recommendations under provisions of all applicable statutes, rules, regulations, and effluent guidelines of the State of Oregon and the U.S. Environmental Protection Agency. (2) DEQ will formulate and prepare a tentative determination to issue or deny an NPDES permit for the discharge described in the application. If the tentative determination is to issue an NPDES permit, then DEQ will draft a proposed NPDES permit that includes at least the following: (a) Proposed effluent limitations; (b) Proposed biosolids limitations; (c) Appropriate monitoring requirements; (d) A Proposed schedule of compliance, if necessary, established under the Federal Act and regulations issued under it; and (e) Other special conditions. (3) In order to inform potentially interested persons of the proposed discharge and of the tentative determination to issue an NPDES permit, DEQ will provide public notice as directed in sections (6) and (7) of this rule. In addition to the information required under OAR 340-045-0027(4) the public notice will contain: (a) When available, a description of the water quality of the receiving water body both upstream and downstream; (b) If the waterbody is water quality limited under Section 303(d)(1) of the Clean Water Act, a description of whether the permit relates to the parameter(s) that is water quality limited and if so, how the permit will fit within the existing Total Maximum Daily Load (TMDL) or if no TMDL exists, how it is acceptable; and (c) A description of any load increase proposed and action required for its approval. (4) DEQ will prepare a fact sheet for each draft NPDES permit for a major facility and for each NPDES general permit. In addition, DEQ will prepare a fact sheet for every industrial NPDES permit that incorporates a variance and for every draft permit that the Director finds is the subject of widespread public interest or raises major issues. The fact sheet will briefly describe the principle facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. Fact sheets will contain the following, where applicable: (a) A brief description of the type of facility or activity; (b) The type and quantity of wastes to be discharged; (c) Applicable standards and guidelines used as a basis for effluent and biosolids limits; (d) An explanation of any proposed variances; (e) A sketch, map, or detailed location of the discharge, where appropriate; (f) Information spelling out procedures for finalizing the permit and providing additional public input, including opportunity for public hearing; and (g) Where appropriate, an assessment of future control needs based on the adequacy of present controls, records of compliance, applicable rules and regulations; (h) A statement of the inclusion of a biosolids management and land application plan, if appropriate; and (i) Name and telephone number of a person to contact for additional information. (5) After DEQ has drafted the public notice and prepared the proposed NPDES permit provisions DEQ will forward them to the applicant for review and comment. These comments must be submitted in writing within 14 days after mailing of the proposed materials if the comments are to receive consideration prior to final action on the application, unless the applicant requests additional time. The applicant may also waive his right for the 14-day review time in the interest of accelerating the issuance procedures. (6) Issuing an NPDES permit, except a new NPDES permit for a major facility or a renewal NPDES permit for a major facility when there is a new or increased discharge load, is a Category III permitting action as described in OAR 340-045-0027. DEQ will provide public notice after the 14-day applicant review period has elapsed and will include the fact sheet when one is required, under section (4) of this rule. (7) Issuing a new NPDES permit for a major facility or a renewal NPDES permit for a major facility when there is a new or increased discharge load, is a Category IV permitting action as described in OAR 340-045-0027. (8) At the conclusion of the public involvement period, the Director will make a final determination on the application as soon as practicable and promptly notify the applicant in writing of the final determination. For all permits that receive comments on the proposed permit requirements during the public comment period, DEQ will issue a response to comments that specifies any changed provisions in the permit, and the reasons for the changes, and that describes and responds to all significant comments. DEQ will make this response to comments available to the public on request. Any NPDES permit issued under these rules will contain such pertinent and particular conditions as may be required to comply with the Federal Act or regulations issued under it. Under federal regulations, an NPDES permit will be effective for a fixed term not to exceed five years. (a) Denial of the permit: If the Director determines that the NPDES permit should be denied, DEQ will include in the notification the reasons for the denial under OAR 340-045-0050. (b) Issuance of the permit: If conditions of the NPDES permit issued are different from the proposed provisions forwarded to the applicant for review, the notification shall include the reasons for the changes made. DEQ will attach a copy of the NPDES permit issued to the notification. In any case, before the Director will issue an NPDES permit that applies effluent limitations under effluent guidelines rather than water quality standards, the Director will make a determination that the permitted discharge will not violate applicable water quality standards and will provide some justification for that determination. Such justification will include, but not necessarily be limited to: (A) A description of the anticipated effect on water quality at the mixing zone boundary of the chemical and/or physical parameter(s) upon which the size and shape of the mixing zone are based; and (B) A statement of anticipated effect of the discharge on aquatic life. (9) DEQ's decision is effective 20 days from the date of service of the notification or on the date specified in writing by DEQ provided this date occurs after the date of service of the notification. A request for hearing on DEQ’s decision must be made by the applicant in writing within 20 days of the effective date of the permit and state the grounds for the request. The hearing will be conducted as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. (a) If a request for hearing is filed on a permit for a new facility, the entire permit is stayed and will not go into effect until the hearing process is complete. (b) If the request for hearing is for an existing facility or activity, or a new activity within an existing facility, only the contested permit condition and the conditions that cannot be implemented separately from the contested conditions are stayed until the hearing process is complete.