40 C.F.R. § 122.21 Application For a Permit (Applicable to State Programs, See
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through December 31, 2023 |
Citation | 40 C.F.R. § 122.21 |
Year | 2023 |
(a)
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(1) Any person who discharges or proposes to
discharge pollutants or who owns or operates a "sludge-only facility" whose
sewage sludge use or disposal practice is regulated by part 503 of this
chapter, and who does not have an effective permit, except persons covered by
general permits under §122.28, excluded under §122.3, or a user of a privately
owned treatment works unless the Director requires otherwise under §122.44(m)
must submit a complete application to the Director in accordance with this
section and part 124 of this chapter. The requirements for concentrated animal
feeding operations are described in §122.23(d).
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(2)
(b)
(c)
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(1) Any person proposing a new discharge,
shall submit an application at least 180 days before the date on which the
discharge is to commence, unless permission for a later date has been granted
by the Director. Facilities proposing a new discharge of storm water associated
with industrial activity shall submit an application 180 days before that
facility commences industrial activity which may result in a discharge of storm
water associated with that industrial activity. Facilities described under
§122.26(b)(14)(x) or (b)(15)(i) shall submit applications at least 90 days
before the date on which construction is to commence. Different submittal dates
may be required under the terms of applicable general permits. Persons
proposing a new discharge are encouraged to submit their applications well in
advance of the 90 or 180 day requirements to avoid delay. See also paragraph
(k) of this section and §122.26(c)(1)(i)(G) and (c)(1)(ii).
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(2)
(d)
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(1) Any POTW with a currently effective
permit shall submit a new application at least 180 days before the expiration
date of the existing permit, unless permission for a later date has been
granted by the Director. (The Director shall not grant permission for
applications to be submitted later than the expiration date of the existing
permit.)
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(2) All other permittees
with currently effective permits shall submit a new application 180 days before
the existing permit expires, except that:
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(3) [Reserved]
(e)
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(1) The Director shall not issue a permit
before receiving a complete application for a permit except for NPDES general
permits. An application for a permit is complete when the Director receives an
application form and any supplemental information which are completed to his or
her satisfaction. The completeness of any application for a permit shall be
judged independently of the status of any other permit application or permit
for the same facility or activity. For EPA administered NPDES programs, an
application which is reviewed under §124.3 of this chapter is complete when the
Director receives either a complete application or the information listed in a
notice of deficiency.
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(2) A permit
application shall not be considered complete if a permitting authority has
waived application requirements under paragraphs (j) or (q) of this section and
EPA has disapproved the waiver application. If a waiver request has been
submitted to EPA more than 210 days prior to permit expiration and EPA has not
disapproved the waiver application 181 days prior to permit expiration, the
permit application lacking the information subject to the waiver application
shall be considered complete.
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(3)
Except as specified in
1(e)(3)(ii), a permit
application shall not be considered complete unless all required quantitative
data are collected in accordance with sufficiently sensitive analytical methods
approved under 122.240 CFR part 136 or required under 40 CFR chapter I, subchapter N
or O.
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