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
(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;
(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
(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
(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
(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
(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.