Attachment A2

State of Oregon

DEPARTMENT OF ENVIRONMENTAL QUALITY

Rulemaking Proposal

for

NPDES General Permit 700-PM Renewal

Proposed Rule Changes

340-045-0033

General Permits

(1) The Director may issue general permits for certain categories of minor discharge sources or minor activities where individual NPDES or WPCF permits are not necessary to adequately protect the environment. Before the Director can issue a general permit, the following conditions must be met:

(a) There must be several minor sources or activities that involve the same or substantially similar types of operations.

(b) The sources or activities must have the potential to discharge or dispose of the same or similar types of wastes.

(c) The general permit must require the same or similar monitoring requirements, effluent limitations and operating conditions for the categories.

(d) The category of sources or activities would be more appropriately controlled under a general permit than an individual permit.

(e) The Commission has adopted the general permit into rule by reference.

(2) General permits issued after the effective date of this rule will specify the following:

(a) The requirements to obtain coverage under a general permit, including application requirements and application submittal deadlines. The Department may determine that submittal of an application is not necessary after evaluating the type of discharge, potential for toxic and conventional pollutants in the discharge, expected discharge volume, availability of other means to identify dischargers, and estimated number of dischargers to be covered by the permit. The Department's evaluation must be provided in the public notice for the general permit.

(b) The process used by the Department to notify a person that coverage under a general permit has been obtained and the discharge or activity is authorized.

(3) Although general permits may include activities throughout the state, they may also be restricted to more limited geographical areas.

(4) Prior to issuing a general permit, the Department will follow the public notice and participation procedures outlined in OAR 340-045-0027, 340-045-0035(3), and ORS 183.325 to 183.410. In addition the Department will make a reasonable effort to mail notices of pending actions to those persons known by the Department who are likely to be covered by the general permit.

(5) Any person operating a discharge source or conducting an activity described in a general permit must apply for coverage under the general permit, unless the general permit does not require submission of an application pursuant to (2)(a) of this rule or the source or activity is specifically covered by an individual NPDES or WPCF permit. Any person seeking coverage under a general permit must submit an application as required under the terms of the applicable NPDES or WPCF general permit. If application requirements are not specified in the general permit, procedures in OAR 340-045-0030 or 340-071-0162, whichever is applicable, must be followed. A person who fails to submit application in accordance with the terms of the general permit, OAR 340-045-0030 or 340-071-0162, whichever is applicable, is not authorized to conduct the activity described in the permit.

(6) Any person required to have coverage under a general permit must pay permit fees as required in OAR 340-045-0070 to 340-045-0075 or 340-071-0140 to obtain and maintain coverage under that permit.

(7) Any permittee covered by an individual NPDES or WPCF permit may request that the individual permit be canceled or allowed to expire, and that it be covered by a general permit if its discharge or activity may be covered by an existing general permit. As long as the permittee is covered by an individual NPDES or WPCF permit, the conditions and limitations of the individual permit govern, until such time as it is canceled or expires.

(8) Any person not wishing to be covered by a general permit may make application for an individual permit in accordance with OAR 340-045-0030 or 340-071-0162, whichever is applicable.

(9) The Director may revoke coverage and authorization under a general permit pursuant to OAR 340-045-0060 as it applies to any person and require such person to apply for and obtain an individual NPDES or WPCF permit. Any interested person may petition the Director to take action under this section. Cases where an individual permit may be required include the following:

(a) The discharge or activity is a significant contributor of pollution or creates other environmental problems;

(b) The permittee is not in compliance with the terms and conditions of the general permit, submitted false information, or is in violation of any applicable law;

(c) A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants being discharged;

(d) For NPDES general permits, effluent limitation guidelines are promulgated for point sources covered by a general permit and the guidelines are not already in the general permit; or

(e) Circumstances have changed so that the discharge or activity is no longer appropriately controlled under a general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary.

(10) The following general permits are adopted by reference in this rule and available for review at the Department:

(a) NPDES 200-J, Filter backwash (issued August 29, 1997)

(b) NPDES 500-J, Boiler blowdown (issued August 29, 1997)

(c) WPCF 600, Offstream placer mining (issued April 9, 1997)

(d) NPDES 700-PM, Suction dredges (issued [date rule filed with Secretary of State])

(e) WPCF 800, Confined animal feeding operations (issued August 8, 1990)

(f) NPDES 900-J, Seafood processing (issued June 7, 1999)

(g) WPCF 1000, Gravel mining (issued July 26, 2002)

(h) NPDES 1200-A, Storm water runoff from sand, gravel & non-metallic quarrying & mining in Standard Industrial Classification (SIC) 14, asphalt mix batch plants, and concrete batch plants. Facilities may qualify for a conditional exclusion from the requirement to obtain a permit if there is no exposure of industrial activities and materials to storm water pursuant to 40 CFR §122.26(g); see permit for details. (issued July 26, 2002)

(i) NPDES 1200-C, Storm water runoff from construction activities, including clearing, grading, and excavation, and stockpiling that disturbs five or more acres, including activities that will disturb five or more acres over time as part of a larger common plan of development; effective December 1, 2002, construction activities that disturb one or more acre are covered (issued February 20, 2001)

(j) NPDES 1200-CA, Government agencies responsible for storm water runoff from construction activities that disturbs five or more acres; effective December 1, 2002, construction activities that disturb one or more acres are covered (issued February 20, 2001)

(k) NPDES 1200-COLS, Storm water runoff in the Columbia Slough watershed from industrial activities listed in 8(l) of this rule (issued December 22, 1999)

(l) NPDES 1200-Z, Storm water runoff from: Warehousing in SIC 4221-4225; Food processing in SIC 20; Landfills, land app. sites; Heavy industrial in SIC 28, 29, 30, 31, 32, 33 & steam electric power generating (includes coal/hogged fuel handling); Light mfg. in SIC 34, 35, 36, 37, 38 & 39 includes ship & boat building/repair; Printing in SIC 27; Textile & apparel mfg. in SIC 22 & 23; Transportation in SIC 40, 41, 42, 43, 44, 45 & 5171; Wood products mfg. in SIC 24 & 25; Metal scrap yards, battery reclaimers & auto salvage yards in SIC 5015 & 5093; Hazardous waste treatment, storage, & disposal facilities. Facilities may qualify for a conditional exclusion from the requirement to obtain a permit if there is no exposure of industrial activities and materials to storm water pursuant to 40 CFR §122.26(g); see permit for details. (issued July 26, 2002)

(m) NPDES 1300-J, Oily storm water runoff and oil/water separators (issued January 11, 2000)

(n) WPCF 1400-A, Seasonal food processing & wineries, less than 25,000 gallons/day (issued August 22, 2000)

(o) WPCF 1400-B, Other food processing, less than 25,000 gallons/day (issued August 22, 2000)

(p) NPDES 1500-A, Petroleum hydrocarbon cleanups discharged to surface waters (issued August 22, 2000)

(q) WPCF 1500-B, Petroleum hydrocarbon cleanups (issued August 22, 2000)

(r) NPDES 1700-A, Vehicle and equipment wash water discharged to surface waters (issued March 5, 1998)

(s) WPCF 1700-B, Vehicle and equipment wash water (issued March 5, 1998)

(t) NPDES 1900-J, Non-contact geothermal heat exchange (issued September 11, 1997)

(u) NPDES 01, Confined animal feeding operations (issued October 1, 2003)

Stat. Auth.: ORS 468.020, ORS 468B.020 & ORS 468B.035
Stats. Implemented: ORS 468.065, ORS 468B.015, 468B.035 & ORS 468B.050
Hist.: DEQ 28-1980, f. & ef. 10-27-80; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 13-2001, f. & cert. ef. 10-16-01; DEQ 8-2002, f. & cert. ef. 8-9-02; DEQ 14-2002, f. & cert. ef. 10-16-02; DEQ 12-2003, f. & cert. ef. 9-2-03

340-045-0070

Permit Fees

(1) Except for a person assigned to the 700-PM general permit, a person required to have a WPCF or NPDES permit is subject to a three-part fee consisting of the applicable uniform non-refundable filing fee, application processing fee, and annual compliance determination fee in OAR 340-045-0075.

(a) The amount equal to the filing fee, application processing fee, and the first year's annual compliance determination fee must be submitted with any application for a new NPDES or WPCF permit.

(b) The amount equal to the filing fee and application processing fee, if applicable, must be submitted with any application for renewal or modification of a NPDES or WPCF permit.

(c) When a governmental entity has an agreement with the department to assist with implementation of a general permit, the department may in that agreement lower the general permit fees established in OAR 340-045-0075 and allow the governmental entity to collect the fee for the department and retain a portion of the fee for its services.

(2) The applicable annual compliance determination fee in OAR 340-045-0075(7) must be paid for each year a disposal system is in operation or during which a discharge to public waters occurs.

(a) The fee period corresponds with the state's fiscal year (July 1 through June 30) and must be paid annually by the date specified by the Department.

(b) Any annual compliance determination fee submitted as part of an application for a new NPDES or WPCF permit applies to the fiscal year the permitted facility is put into operation.

(c) For the first fee period a facility is placed into operation, the full annual compliance determination fee applies if the facility is placed into operation on or before May 1. No annual compliance determination fee applies for that initial year if the facility is placed into operation after May 1.

(d) The Director may alter the due date for the annual compliance determination fee upon receipt of a justifiable request from a permittee. The Commission may reduce or suspend the annual compliance determination fee if a hardship is demonstrated.

(3) A filing fee and application processing fee are not required for modification of an existing, unexpired permit if the Department initiates the modification and determines the modification does not require refiling or Department review of an application, plans, or specifications.

(4) After the Department accepts an application for filing, the filing fee is non-refundable.

(5) The application processing fee submitted with an application may be refunded in whole or in part if the Department determines that:

(a) A permit is not required; or

(b) The wrong application was filed.

(6) All fees must be made payable to the Department of Environmental Quality or the Department's agent.

(7) A person assigned to the 700-PM general permit must pay either an annual fee or an optional 5-year permit registration fee according to the schedule provided in OAR 340-045-0075. The applicable fee must be submitted with the permit application and is non-refundable unless the Department or the Department’s agent determines that the permittee cannot be assigned to the general permit. Fees must be made payable to the Department of Environmental Quality.

(a) An annual fee must be paid at the time of application, and on or before June 1 for each following year that the permit is valid.

Stat. Auth.: ORS 454.625, 454.745, 468.020, 468B.020 & 468B.035
Stats. Implemented: ORS 454.745, 468.065, 468B.015, 468B.035 & 468B.050
Hist.: DEQ 113, f. & ef. 5-10-76; DEQ 129, f. & ef. 3-16-77; DEQ 31-1979, f. & ef. 10-1-79; DEQ 18-1981, f. & ef. 7-13-81; DEQ 12-1983, f. & ef. 6-2-83; DEQ 27-1994, f. & cert. ef. 11-15-94; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 7-2004, f. & cert. ef. 8-3-04

340-045-0075

Permit Fee Schedule

(1) The fee schedule for onsite sewage disposal system permits, including WPCF permits, is found in OAR chapter 340, division 071.

(2) For permits administered by the Oregon Department of Agriculture, the following fees are applicable until superseded by a fee schedule established by the Oregon Department of Agriculture.

(a) WPCF General Permits #800 for Confined Animal Feeding Operations Filing Fee -- $50

(b) Other General Permits:

(A) Filing Fee -- $50

(B) New Applications -- $235

(C) Permit Renewals -- $35

(D) Annual Compliance Determination Fee -- $275

(c) Individual Permits:

(A) Filing Fee -- $50

(B) New Applications -- $6,280

(C) Permit Renewals (including request for effluent limit modifications) -- $3,140

(D) Permit Renewals (without request for effluent limit modifications) -- $1,416

(E) Permit Modifications (involving increase in effluent limit modifications) -- $3,140

(F) Permit Modifications (not involving an increase in effluent limitations) -- $500

(G) Annual Compliance Determination Fee for dairies and other confined feeding operations -- $705

(H) Annual Compliance Determination Fee for facilities not elsewhere classified with disposal of process wastewater -- $1,885

(I) Annual Compliance Determination Fee for facilities not elsewhere classified that dispose of non-process wastewater (e.g., small cooling water discharges, boiler blowdown, filter backwash, log ponds) -- $1,180

(d) Annual Compliance Determination Fee for facilities that dispose of wastewater only by evaporation from watertight ponds or basins -- $705

(3) The Department must consider the following criteria when classifying a facility for determining applicable fees.

(Note: Different classifications for NPDES-permitted facilities are used for reporting to the Environmental Protection Agency.)

(a) Major industries:

(A) Discharges large biochemical oxygen demand loads; or

(B) Is a large metals facility; or

(C) Has significant toxic discharges; or

(D) Has a treatment system that will have a significant adverse impact on the receiving stream if not operated properly; or

(E) Any other industry that the Department determines needs special regulatory control.

(b) Major domestic:

(A) Serves more than 10,000 people; or

(B) Serves industries that can have a significant impact on the treatment system.

(c) Minor domestic (see OAR 340-045-0075(7)(a) for descriptions of domestic categories):

(A) Does not meet major domestic qualifying factors; or

(B) Is a facility in categories Da or Db and discharges to surface waters; or

(C) Is a facility in categories E or F that does not discharge to surface waters and is under a Water Pollution Control Facilities permit.

(4) Filing Fee. Unless waived by this rule, a filing fee of $60 must accompany any application for issuance, renewal, modification, or transfer of a NPDES permit or WPCF permit, including registration for a General Permit pursuant to OAR 340-045-0033 and request for a Special Permit pursuant to OAR 340-014-0050. This fee is non-refundable and is in addition to any other applicable application processing fee or annual compliance determination fee. Filing fees are waived for the following facilities:

(a) Gold mining suction dredges that qualify for General Permit 700-PM;

(b) Small gold mining operations that qualify for General Permit 600 and can process no more than five cubic yards of material per day.

(5) Application Processing Fee. Unless waived by this rule, the applicable application processing fee in this section must be submitted with each application. The amount of the fee is based on the type of facility and the required action.

(a) New Applications:

(A) Major industries -- $37,680

(B) Minor industries -- $7,535

(C) Major domestic -- $24,000

(D) Minor domestic:

(i) Categories Da, Db -- $4,800

(ii) Category E -- $2,400

(iii) Category F -- $600

(iv) Agricultural -- $7,535

(E) NPDES Phase II Small MS4 Permit -- $280

(b) Permit Renewals (including request for effluent limit modification):

(A) Major industries -- $18,840

(B) Minor industries -- $3,765

(C) Major domestic -- $12,000

(D) Minor domestic:

(i) Categories Da, Db -- $2,400

(ii) Category E -- $1,200

(E) Agricultural -- $3,765

(c) Permit Renewals (without request for effluent limit modification):

(A) Major industries -- $9,420

(B) Minor industries -- $1,415

(C) Major domestic -- $6,000

(D) Minor domestic:

(i) Categories Da, Db -- $900

(ii) Category E -- $600

(iii) Category F -- $240

(E) Agricultural -- $1,415

(F) NPDES Phase II Small MS4 Permit -- $40

(d) Permit Modifications (involving increase in effluent limitations):

(A) Major industries -- $18,840

(B) Minor industries -- $3,765

(C) Major domestic -- $12,000

(D) Minor domestic:

(i) Categories Da, Db -- $2,400

(ii) Category E -- $1,200

(E) Agricultural -- $3,765

(e) Permit Modifications (not involving an increase in effluent limits): All categories -- $600.

(f) Special WPCF Permits issued pursuant to OAR 340-045-0061 -- $300.

(g) Modifications of septage alkaline stabilization facilities permits -- $240.

(h) New General Permits by permit number:

(A) 100, 200, 400, 500, 600 (over 1,500 cubic yards per year), 900, 1000, 1400-A -- $95

(B) 300, 1300, 1400-B, 1500, 1600 -- $185

(C) All other 1200, 1700 -- $280;

(D) Others not elsewhere specified -- $280

(E) The following fees are required in addition to the fees in paragraphs (5)(h)(A) through (D) of this subsection when the activities are required for the application review:

(i) Disposal system plan review -- $375

(ii) Site inspection and evaluation -- $940

(i) Renewal of General Permits as listed in subsection (2)(h) of this rule -- $40.

(j) Application processing fees described in subsections (2)(h) and (i) of this rule are waived for the following facilities:

(A) Small gold mining operations that qualify for General Permit 600 and process no more than five cubic yards of material per day or less than 1,500 cubic yards of material per year.

(B) Gold mining suction dredges that qualify for General Permit 700-PM.

(6) Technical Activities Fee. A permittee must pay a fee for NPDES and WPCF permit-related technical activities. A fee will be charged for initial submittal of engineering plans and specifications. Fees will not be charged for revisions and resubmittals of engineering plans and specifications or for facilities plans, design studies, reports, change orders, or inspections. The fee is as follows:

(a) New or substantially modified sewage treatment facility -- $5,520

(b) Minor sewage treatment facility modifications and pump stations -- $600

(c) Pressure sewer system or major sewer collection system expansion -- $420

(d) Minor sewer collection system expansion or modification -- $120

(e) New or substantially modified water pollution control facilities using alkaline agents to stabilize septage -- $600.

(7) Annual Compliance Determination Fee Schedule. Unless waived by this rule, annual compliance determination fees are as follows:

(a) Domestic Waste Sources -- Annual compliance determination fee is based on dry weather design flow, population served by facility, type of facility, and applicable special fees as follows:

(A) Category A1: Sewage Disposal -- 50 MGD or more -- $50,890

(B) Category A2: Sewage Disposal -- At least 25 MGD but less than 50 MGD -- $29,410

(C) Category A3: Sewage Disposal -- At least 10 MGD but less than 25 MGD -- $13,220

(D) Category Ba: Sewage Disposal -- At least 5 MGD but less than 10 MGD -- $8,040

(E) Category Bb: Sewage Disposal -- At least 5 MGD but less than 10 MGD -- Systems where treatment occurs in lagoons that discharge to surface waters -- $3,680

(F) Category C1a: Sewage Disposal -- At least 2 MGD but less than 5 MGD -- $5,010

(G) Category C1b: Sewage Disposal -- At least 2 MGD but less than 5 MGD -- Systems where treatment occurs in lagoons that discharge to surface waters -- $2,190

(H) Category C2a: Sewage Disposal -- At least 1 MGD but less than 2 MGD -- $3,010

(I) Category C2b: Sewage Disposal -- At least 1 MGD but less than 2 MGD -- Systems where treatment occurs in lagoons that discharge to surface waters -- $1,270

(J) Category Da: Sewage Disposal -- Less than 1 MGD and not otherwise categorized under category E -- $1,145

(K) Category Db: Sewage Disposal -- Less than 1 MGD -- Systems where treatment occurs in lagoons that discharge to surface waters that are not otherwise categorized under Category E -- $750

(L) Category E: Sewage Disposal systems where treatment is limited to lagoons that do not discharge to surface waters -- $720

(M) Category F: Septage alkaline stabilization facilities -- $240

(N) Category G: Sources determined by the Department to administer a pretreatment program pursuant to federal pretreatment program regulations (40 CFR, Part 403; January 28, 1981) must pay an additional $1,200 per year plus $400 for each significant industrial user specified in their annual report for the previous year.

(O) Category H: Population Based Fee -- All permittees must pay an annual fee computed as follows: population served by the facility multiplied by a rate of 0.09645.

(b) Industrial, Commercial and Agricultural Sources (For multiple sources on one application select only the source with highest fee.):

(A) Major pulp, paper, paperboard, hardboard, and other fiber pulping industry -- $11,300

(B) Major sugar beet processing, potato and other vegetable processing, and fruit processing industry -- $11,300

(C) Seafood Processing Industry:

(i) Bottom fish, crab, or oyster processing -- $1,270

(ii) Shrimp processing -- $1,270

(iii) Salmon or tuna processing -- $2,260

(iv) Surimi processing -- $2,260

(D) Electroplating industry (excludes facilities that do anodizing only):

(i) Rectifier output capacity of 15,000 amps or more -- $11,300

(ii) Rectifier output capacity of less than 15,000 amps but more than 5000 amps -- $5,650

(E) Primary Aluminum Smelting -- $11,300

(F) Primary smelting or refining of non-ferrous metals using sand chlorination separation facilities -- $11,300

(G) Primary smelting or refining of ferrous and non-ferrous metals not elsewhere classified above -- $5,650

(H) Alkalies, chlorine, pesticide, or fertilizer manufacturing with discharge of process waste waters -- $11,300

(I) Petroleum refineries with a capacity in excess of 15,000 barrels per day discharging process wastewater -- $11,300

(J) Cooling water discharges in excess of 20,000 BTU/sec -- $5,650

(K) Milk products processing industry that processes in excess of 250,000 pounds of milk per day -- $11,300

(L) Major mining operations (over 500,000 cubic yards per year) -- $11,300

(M) Minor mining or processing operations:

(i) Medium (100,000 to 500,000 cubic yards per year) mechanical processing -- $3,765

(ii) Medium using froth flotation -- $5,650

(iii) Medium using chemical leaching -- $7,535

(iv) Small (less than 100,000 cubic yards per year) mechanical processing -- $940

(v) Small using froth flotation -- $1,880

(vi) Small using chemical leaching -- $3,765

(N) All facilities not elsewhere classified with disposal of process wastewater -- $2,260

(O) All facilities not elsewhere classified that dispose of non-process wastewater (e.g., small cooling water discharges, boiler blowdown, filter backwash, log ponds) -- $1,415

(P) Dairies and other confined feeding operations on individual permits -- $845

(Q) All facilities that dispose of wastewater only by evaporation from watertight ponds or basins -- $845

(R) General permits, as listed under paragraphs (5)(h)(A) through (D) of this rule -- $330, except as follows:

(i) 1400-A -- $185

(ii) Annual compliance determination fees are waived for gold mining activities assigned to General Permits 600 and 700.

(c) Storm Water: NPDES Phase II Small MS4 permit -- $330

(8) NPDES General Permit 700-PM -- $25 for each year of registration or operator may prepay $100 for 5 years of registration under this permit.

Stat. Auth.: ORS 468.020, 468B.020 & 468B.035
Stats. Implemented: ORS 468.065, 468B.015, 468B.035 & 468B.050
Hist.: DEQ 113, f. & ef. 5-10-76; DEQ 129, f. & ef. 3-16-77; DEQ 31-1979, f. & ef. 10-1-79; DEQ 18-1981, f. & ef. 7-13-81; DEQ 12-1983, f. & ef. 6-2-83; DEQ 9-1987, f. & ef. 6-3-87; DEQ 18-1990, f. & cert. ef. 6-7-90; DEQ 10-1991, f. & cert. ef. 7-1-91; DEQ 9-1992, f. & cert. ef. 6-5-92; DEQ 10-1992, f. & cert. ef. 6-9-92; DEQ 30-1992, f. & cert. ef. 12-18-92; DEQ 20-1994, f. & cert. ef. 10-7-94; DEQ 4-1998, f. & cert. ef. 3-30-98; Administrative correction 10-22-98; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 2-2002, f. & cert. ef. 2-12-02; DEQ 7-2004, f. & cert. ef. 8-3-04

2004-10-22T12:11:00
[Info1]
Lisa L. Jones
Enter the title of the rulemaking proposal.