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17.30.1110    APPLICATION PROCEDURES: GENERAL

(1) This rule does not apply to storm water discharges associated with construction activity.  The application procedures for such discharges are set out in ARM 17.30.1115.

(2) When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.

(3) Any person proposing a new point source discharge of storm water shall submit a complete application, as provided in (5) , at least 30 days before the date on which the discharge is to commence, unless permission for a later date has been granted by the department.  Persons proposing a new discharge are encouraged to submit their applications well in advance of the 30-day requirement to avoid delay.

(4) Permittees of point source discharges of storm water with currently effective authorizations under a general permit shall submit a new application 30 days before the existing permit expires.  The department may extend this deadline but may not extend it beyond the permit expiration date.

(5) The department may not issue an authorization under a general permit until it has received a complete application.

(a) An application for authorization under a general permit is complete when the department receives:

(i) a department application form, with the information required in (6) , and a completed SWPPP.  Both the application and SWPPP must be signed as provided in ARM 17.30.1323; and

(ii) the permit fee required in ARM 17.30.201.

(b) The completeness of any application for a permit must be judged by the department independently of the status of any other permit application or permit for the same facility or activity.

(c) A SWPPP is not required for small MS4s.

(6) Applicants shall provide the following information to the department, using the application form provided by the department:

(a) a description of the nature of the business or activity that requires authorization for a point source discharge of storm water under an MPDES general permit;

(b) the name and mailing address of the owner or operator;

(c) the location of the facility or activity for which the application is submitted;

(d) a facility or activity contact person and telephone number;

(e) for industrial or mining and oil and gas activities, the standard industrial classification (SIC) codes that best reflect the principal products or services provided by the facility;

(f) a description of point source discharges of storm water including an indication of drainage patterns and receiving surface waters;

(g) a listing of all permits and construction approvals received or applied for from state or federal regulatory agencies;

(h) a copy of a USGS topographic quadrangle map extending one mile beyond the property boundaries of the point source discharge of storm water, depicting the facility or activity boundaries and major drainage patterns and receiving surface waters;

(i) the signature of the certifying official under ARM 17.30.1323; and

(j) any other information requested by the department.

(7) Applicants shall submit to the department a copy of the facility or activity SWPPP that provides all information requested under the SWPPP requirements as stated in the respective general permit.

(8) Applicants shall submit to the department a certification that all point source discharges of storm water have been tested or evaluated for the presence of non-storm water discharges (other than the potential non-storm water discharges for MS4s listed in ARM 17.30.1111(6) (c) (iii) ) that are not covered by an MPDES permit.  If storm water sampling and analytical testing was performed as a basis for this certification, the certification must include a description of any analytical test method used, the date of any testing, and the on-site drainage points that were sampled.  If a contract laboratory or consulting firm performed analyses that generated quantitative data upon which conclusions and resultant determinations are based for regulated point source discharges of storm water and potential pollutant concentrations, the identity of each laboratory or firm and the analyses performed must be provided.

(9) In addition to the information reported on the application form, applicants shall provide to the department, at its request, such other information as the department determines is reasonably necessary to assess the discharges of the facility and to determine whether to authorize the discharge under an MPDES individual or general permit.

(10) Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this subchapter for a period of at least three years from the date the application is signed.

History: 75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA; NEW, 2003 MAR p. 219, Eff. 2/14/03.

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