Sec. 26.08.04.08. General Discharge Permit Program

A. Purpose.

(1) General permits are discharge permits issued to classes of discharges.

(2) The Department intends to regulate certain classes of discharges through the issuance of general permits.

(3) All discharges within the described class are permitted, subject to the specific conditions contained in the general permit.

(4) Only those classes of discharges considered appropriate by the Department for regulation by this mechanism will be covered by a general permit.

(5) All other dischargers are subject to the requirements of a separate discharge permit issued under Regulations .01 ----- .07 of this chapter and COMAR 26.08.08.

B. Classes of Discharges Eligible for Regulation under General Permits.

(1) For the purpose of this section, the term "landfill" includes sanitary landfills as defined in COMAR 26.04.07 as well as any land containment or land disposal facility for industrial, commercial, or residential solid waste, whether publicly or privately owned or operated, or both.

(2) The following classes of discharges may be regulated through the General Permit Program:

(a) Storm water discharges;

(b) Landfills or sludge-handling facilities designed to achieve natural attenuation of leachate, with no discharge to surface waters other than storm water runoff regulated under §B(2)(a) of this regulation;

(c) Individual on-lot domestic waste subsurface disposal systems permitted by the Department under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, and COMAR 26.04.02;

(d) Municipal separate storm sewers;

(e) Ground water heat pumps discharging to waters of this State;

(f) Other categories of discharges as established under this regulation.

C. Permit Provisions. The Department shall prepare a draft permit for each specific class of dischargers under consideration for regulation according to the General Permit Program. The draft permit shall contain those general and special conditions and, if appropriate, monitoring and reporting requirements considered necessary by the Department to protect public health and the environment.

D. Permit Coverage. Unless specifically indicated otherwise, a general permit issued under this regulation shall authorize all discharges satisfying the class description. The Department, at its discretion, may notify a discharger and require issuance of a separate State discharge permit under Regulations .01-----.07 of this chapter and COMAR 26.08.08.

E. Permit Duration. A general permit issued under this regulation shall be valid for a period not to exceed 5 years, and shall be renewed at the discretion of the Department according to G-----K of this regulation.

F. Discharges Authorized Under a General Permit. The requirements of G-----J of this regulation do not apply to the discharges authorized under a general permit, only to the issuance of the general permit itself.

G. Draft Permits and Tentative Determinations.

(1) The Department shall prepare a draft permit and a tentative determination for a specific class of dischargers to be regulated under the General Permit Program.

(2) A fact sheet shall also be prepared describing the class of dischargers to be regulated, outlining the proposed permit conditions and limitations, and specifying the procedures for a person to review and copy the tentative determination, draft permit, and related materials.

(3) The tentative determination shall include:

(a) A statement that the Department proposes to issue a general permit for a certain class of discharges;

(b) The procedures for a person to review and copy the tentative determination, draft permit, or related material;

(c) A brief explanation of the Department's tentative decision;

(d) Proposed permit limitations and conditions; and

(e) If applicable, a proposed schedule of compliance.

(4) Public Notice of Tentative Determination.

(a) The Department shall publish a public notice of the Department's tentative determination in the Maryland Register and according to Regulation .01-1E of this chapter.

(b) The notice of tentative determination shall include:

(i) The information required in §G(2) of this regulation;

(ii) A statement that the Department shall allow 30 days for public comment to the tentative determination before the issuance of the final determination and the procedure for submitting comments;

(iii) A statement that the Department shall hold a public hearing when a written request for a public hearing is made by a person within 20 days of the publication of the notice of tentative determination and the procedure for making a written request for a public hearing; and

(iv) Other information the Department determines to be necessary for adequate public notification.

(c) If the notice of tentative determination also includes a notice of public hearing, the notice of public hearing shall be given at least 30 days before the hearing.

H. Public Hearings.

(1) The Department shall schedule a public hearing on the tentative determination when a written request for a public hearing is made within 20 calendar days of the publication of the notice of tentative determination.

(2) The Department, at its own discretion, may hold:

(a) An informational meeting or meetings; or

(b) A public hearing or hearings.

(3) The public hearing may be cancelled if all persons who made timely written request for such a meeting withdraw their requests.

(4) If a public hearing is required, the Department shall:

(a) Publish a notice of the hearing according to Regulation .01-1E of this chapter, and the first notice shall give a minimum of 30 days notice before the hearing; and

(b) Publish a notice of the public hearing that includes:

(i) The information required under §G(2) of this regulation,

(ii) The date, time, and location of the public hearing, and

(iii) Other information the Department determines to be necessary for adequate public notification.

(5) The Department shall:

(a) Give a person who attends a public hearing an opportunity to make comments concerning the issuance of a general permit; and

(b) Accept written comments on the proposal to issue a general permit for at least 5 days after a public hearing.

I. Final Determinations for General Permits.

(1) If the Department is not required to prepare a final determination, the tentative determination shall be a final decision by the Department and a permit may be issued.

(2) The Department shall prepare a final determination if:

(a) Written comments adverse to the tentative determination were received by the Department within 30 days after publication of the notice of tentative determination;

(b) Comments adverse to the tentative determination were received in writing at, or within 5 days after, a public hearing held under the provisions of §H of this regulation;

(c) Comments adverse to the tentative determination were received orally at the public hearing conducted under this section and the Department prepared a transcript of the comments made at the hearing; or

(d) The final determination is substantively different from the tentative determination and persons who may be aggrieved by the final determination have not waived, in writing, their right to request a contested case hearing.

(3) Those persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Department's tentative determination is inappropriate, shall raise all reasonably ascertainable issues and submit all reasonably available arguments and documents supporting their position by the close of the public comment period, including any public hearing, as established by this chapter.

(4) Supporting materials which are submitted shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials.

(5) Those offering comments shall make supporting materials not already included in the administrative record available by submitting a complete copy of all supporting materials at the time they submit their comments or, if this submission is not practical, as determined solely by the Department, comments shall identify the location of the supporting materials.

(6) The final determination shall include the following:

(a) A description of the type of discharges to be included in the general permit;

(b) A statement of the Department's final determination and a brief explanation of the Department's decision;

(c) The permit limitations;

(d) The general and special permit conditions; and

(e) A schedule of compliance, if applicable.

(7) The final determination shall be available to the public for inspection and copying according to Regulation .01-1E of this chapter.

J. Notice of Final Determination.

(1) When the Department is required to prepare a final determination under §I of this regulation, a notice of final determination shall be published according to Regulation .01-1E of this chapter.

(2) The notice of final determination shall include:

(a) The information required under §I(3) (a)-----(b) of this regulation, including any change in permit limitations, conditions, or schedule of compliance;

(b) A statement that the notice of final determination is available for inspection and copying;

(c) The procedure for inspecting and copying the final determination;

(d) A statement that a person may request a contested case hearing to appeal a final determination if the person makes factual allegations with sufficient particularity to demonstrate that the person is aggrieved by the final determination and the final determination is:

(i) Legally inconsistent with any provisions of law applicable to the final determination being challenged, or

(ii) Based upon an incorrect determination of a relevant and material fact;

(e) A statement that a person requesting a contested case hearing shall submit a written request for adjudication within 15 days after the publication of the notice of final determination;

(f) The procedure for requesting a contested case hearing; and

(g) Other information the Department determines to be necessary for adequate public notification.

K. Request for Contested Case Hearings for General Permits.

(1) A person may not request a contested case hearing on an individual discharge covered under a general permit adopted under the provisions of this chapter.

(2) A person requesting a contested case hearing to appeal the final determination of the Department to issue a general permit shall:

(a) Submit a written request in the manner specified in the notice of final determination within 15 days after publication of the notice of final determination; and

(b) Provide documentation that the requirements of §I of this regulation were met.

(3) Requests for a contested case hearing shall include:

(a) The name, address, and telephone number of the person filing the request;

(b) The particular factual allegations which demonstrate that the person is aggrieved by the final determination and the final determination is:

(i) Legally inconsistent with any provisions of law applicable to the final determination being challenged; or

(ii) Based on an incorrect determination of a relevant and material fact.

(4) The Department shall process requests for contested case hearings according to State Government Article, Title 10, and Environment Article, Title 1, Annotated Code of Maryland.