Sec. 26.08.04.01-1. Discharge Permit Application

A. Application Required.

(1) Persons engaged or planning to engage in activities requiring a discharge permit shall file a complete application:

(a) Not less than 180 days in advance of the date on which the discharge permit is desired to commence the activities; and

(b) In sufficient time before the commencement of activities to ensure compliance with provisions of appropriate State and federal laws and regulations.

(2) Permittees holding an active discharge permit shall file an updated application not less than 180 days in advance of the expiration date on that discharge permit.

(3) Permittees no longer engaging in activities requiring a discharge permit shall notify the Department of the change in status of their facility within 30 days of ceasing the actions requiring a discharge permit.

B. Requirements.

(1) Applications shall be made on the appropriate State discharge or NPDES application forms.

(2) The following information shall be submitted with the completed application:

(a) Name of any affiliate;

(b) Permit numbers for any State discharge or NPDES permits presently held by the applicant or his affiliate;

(c) Identification of administrative complaints or orders, if any, against the operation of the applicant or his affiliate; and

(d) The location of all sites involved in the storage of solid or liquid waste and the ultimate disposal sites of solid or liquid waste from any treatment system.

(3) If the discharge is from a new facility, preliminary plans and specifications, sufficiently adequate in scope and form to enable the Department to evaluate the proposed facility, shall be submitted with the application.

(4) The Department may require that an applicant for a discharge permit provide additional reports, specifications, plans, or other information on the existing or proposed pollution control program, including a material balance if considered necessary.

(5) Required Signatures. The application for a State discharge or NPDES permit shall be signed by a responsible official, as follows:

(a) For a corporation, by a responsible corporate officer such as:

(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii) The manager of one or more manufacturing, production, or operating facilities employing more than 250 individuals or having gross annual sales or expenditures exceeding $25 million, in second-quarter 1980 dollars, if authority to sign documents has been assigned or delegated to the manager according to corporate procedures;

(b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively;

(c) For a municipal, State, or other public agency, by either a principal executive officer, ranking elected official, or other duly authorized employee; or

(d) For a federal agency, by a principal executive officer that includes:

(i) The chief executive officer of the agency, or

(ii) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency such as a regional administrator of the EPA.

C. Application Fee. Each application shall be accompanied by a fee in the amount established by the Department in Regulation .11 of this chapter. The Department shall inform the applicant of the applicable fee which shall be paid by check or money order, made payable to the Department.

D. Receipt of Application. Upon receipt of an application, the Department shall:

(1) Notify the applicant that:

(a) The application has been received;

(b) The applicant is responsible for the cost of the public notice required under the provisions of this chapter and for transcripts from any informational meetings or public hearings;

(c) The applicant or the applicant's representative may be required to attend all public informational meetings and public hearings;

(d) Failure to pay the costs of public notification or failure to attend the public informational meetings or public hearings may result in the Department not approving the applicant's permit; and

(2) Publish according to §E of this regulation a notice of application that includes the following:

(a) The name of the applicant;

(b) The type of permit applied for;

(c) The type of proposed discharge;

(d) The volume of the proposed discharge;

(e) The location of the proposed discharge;

(f) A statement that persons may review and copy the application or related material and the procedure for doing so;

(g) A statement that the Department shall hold an informational meeting, if a person makes a written request within 10 working days of the publication of the notice, and the procedure for requesting an informational meeting; and

(h) Other information the Department determines is necessary for adequate public notification.

E. Public Notice and Access to Information and Confidential Information.

(1) The applicant shall pay the cost of all public notice required by this chapter.

(2) When this chapter requires publication of public notice, the Department shall publish or shall require the applicant to publish the notice at least once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the proposed discharge is to be located.

(3) The Department may post or require the applicant to post the notice at the site of the proposed discharge or at public facilities in the geographical area of the proposed discharge.

(4) The Department shall maintain lists of persons, government agencies, and other concerned groups to which notice is sent concerning discharge permits.

(5) The Department shall provide notice of an informational meeting or a public hearing by mail to each person requesting the meeting or hearing or to the person's authorized representatives.

(6) The Department shall ensure that any State discharge or NPDES permit application and its supporting information, including any public comment concerning the application, shall be available to the public for inspection and copying.

(7) The Department shall provide facilities for the inspection of the State discharge or NPDES permit application and its supporting information and ensure that State employees respond to requests for inspection promptly without undue requirements or restrictions. The Department shall either:

(a) Ensure that a machine or device for the copying of papers and documents is available for a reasonable fee; or

(b) Otherwise provide for, or coordinate with, copying facilities or services so that requests for copies of nonconfidential documents may be responded to promptly.

(8) Protection of Information.

(a) Except for effluent data, the Department shall protect any information contained in an NPDES application, or other records, reports, or plans, as confidential upon a showing by a person that the information, if made public, would divulge methods or processes entitled to protection as the person's trade secrets.

(b) If the information being considered for confidential treatment is contained in an NPDES application, the Department shall forward this information to the EPA for concurrence in any determination of confidentiality.

(c) If the EPA determines that some or all of the information being considered for confidential treatment does not merit this protection, and communicates to the Department that it is the EPA decision not to concur in the withholding of the information, the Department shall:

(i) Notify the applicant of EPA's decision; and

(ii) After ascertaining that the applicant has exhausted or waived the EPA appeal process concerning confidentiality of business information, make available to the public, upon request, that information determined not to constitute trade secrets.

(9) Any information accorded confidential status, whether or not contained in an NPDES application, shall be disclosed, upon request, to an authorized EPA representative, who shall maintain the disclosed information as confidential.