TM 5-814-8
mitting authority. The elements included in the
e. Applying for a permit. Many States now
have obtained the NPDES permitting authority
permit include the following:
(1) Effluent limitations and monitoring re-
f r o m the U.S. EPA. Therefore, the appropriate
quirements. This section will contain the specific
State or U.S. EPA regional office must be first
contacted in the permit application process. The
constituents present or suspected to be present
in the wastewater, numerical effluent limitations
basic procedure which must be followed for issu-
for each constituent, and monitoring required of
ance of a permit is as follows:
(1) The applicant must obtain and complete
the discharger. Effluent limitations are usually
an NPDES Application for Permit to Discharge.
expressed as a "monthly average" which consists
Completed application forms should be filed with
of the average over a 30-day operating period and
the appropriate U.S. EPA Regional Office.
a "daily maximum" which cannot be exceeded in
(2) After receiving the permit application, the
the monitoring period. Effluent limitations are
U.S. EPA Regional Office and/or State agency
usually expressed in mass/time units (lb/day or
will evaluate the form, request additional informa-
kg/day), although limits for some constituents are
tion if required, and may inspect the site of the
expressed in concentration-related units.
proposed discharge.
(2) Schedule of compliance. If a permit holder
(3) The State or U.S. EPA will send a copy
cannot be in compliance with the final effluent
limitations at the time the permit is issued, a
of the permit application to other state and/or
federal agencies for comments.
schedule of compliance will be established during
(4) A draft permit will be developed which
which time the permit holder must upgrade his
will contain all the provisions proposed by the
water pollution control facilities.
agency for the final permit.
(3) Monitoring and reporting. Instructions
(5) Public notice is given of the agencies'
are given for monitoring of the waste discharge,
intention to issue or deny the permit. Following
reporting of the monitoring results, retention of
the public notice, a minimum of 30 days is
records, etc.
provided to receive comments on the draft per-
(4) Responsibilities. The permit holder is ad-
mit. Based on comments that are received, a
vised of additional responsibilities regarding the
public hearing regarding the proposed permit may
right of the regulatory agency to enter the
be held.
premises from which the waste is discharged,
(6) The final permit is issued based on infor-
transfer ownership of the facilities, and the avail-
mation available in the "administrative record".
ability of reports submitted to the regulatory
The administrative record includes the permit
authority.
application, draft permit, supporting documents,
(5) Management requirements. Additional
correspondence, and other information which has
conditions regarding permit compliance are enu-
been received by the agency regarding the pro-
merated in this section. The permit holder is
posed permit. This record is open to the public
advised to report any changes in the nature of
for inspection and copying. For a period of 30
the discharge or non-compliance with the permit
days following issuance of the final permit, inter-
conditions to the applicable regulatory agency.
ested parties including the permit holder may
Additional instructions are given regarding by-
contest the permit by filing a request for an
passing of facilities, modification of the permit,
evidentiary or panel hearing. Uncontested permits
revisions in the permit to insure compliance with
become effective 30 days following issuance of the
toxic pollutant discharges, civil and criminal lia-
final permit.
bility, oil and hazardous substance liability, com-
4-4. Establishment of Effluent Limita-
pliance with State laws, etc.
tions for NPDES Permits
d. Permit modification suspension or revoca-
tion. The NPDES permit may be modified, sus-
a. Technology based limitations. Section 301 of
pended, or revoked if terms of the permit are
the Clean Water Act provides for the establish-
violated; if the permit holder made misrepresenta-
ment of technology-based effluent limitations.
tions to the permitting authority in obtaining the
Each industrial point source category listed in
permit; or if all relevant data regarding the
table 4-1 is to have effluent limitation guidelines
discharge were not disclosed at the time the
established which set forth the degree of reduc-
permit application was made. Due to the detailed
tion of applicable pollutants that is attainable
nature of permit requirements, legal advice may
through the application of various levels of treat-
at times be advisable in determining compliance
ment technology. Many of the primary industries
plus other categories at present have limitations
or non-compliance with stated permit conditions.
4-6
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