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agency but shall be sufficiently detailed ing the installation, use, and mainteas to insure the following:
nance of monitoring equipment
or (1) That the permittee is in compli- methods (including, where appropriate, ance with or has substantially complied biological monitoring methods). with all the terms, conditions, require- (b) Any discharge authorized by an ments, and schedules of compliance of NPDES permit which (1) is not a minor the expired NPDES permit;
discharge, (2) the Regional Adminis(2) That the Director has up-to-date trator requests, in writing, be monitored, Information on the permittee's produc- or (3) contains toxic pollutants for tion levels, permittee's waste treatment which an effluent standard has been practices, and the nature, contents, and established by the Administrator purfrequency of permittee's discharge, either suant to section 307(a) of the Act, shall pursuant to the submission of new forms be monitored by the permittee for at least and applications or pursuant to monitor- the following: ing records and reports submitted to the (i) Flow (in gallons per day); and, Director by the permittee; and,
(ii) All of the following pollutants: (3) That the discharge is consistent (a) Pollutants (either directly or inwith applicable effluent standards and directly through the use of accepted corlimitations, water quality standards, and relation coefficients or equivalent measother legally applicable requirements urements) which are subject to reduclisted in $ 124.42, including any addi- tion or elimination under the terms and tions to, or revisions or modifications of conditions of the permit; such effluent standards and limitations, (b) Pollutants which the Director water quality standards, or other legally finds, on the basis of information availapplicable requirements during the term able to him, could have a significant imof the permit.
pact on the quality of navigable waters; (c) The State or interstate agency (c) Pollutants specified by the Adminshall follow the notice and public par- istrator, in regulations issued pursuant ticipation procedures specified in Subpart to the Act, as subject to monitoring; and, D of this part in connection with each (d) Any pollutants in addition to the request for reissuance of an NPDES above which the Regional Administrator permit.
requests, in writing, be monitored. (d) Notwithstanding any other provi- (c) Each effluent flow or pollutant resion in this part, any point source the quired to be monitored pursuant to paraconstruction of which is commenced after graph (b) of this section shall be monithe date of enactment of the Federal tored at intervals sufficiently frequent to Water Pollution Control Act Amend- yield data which reasonably characterments of 1972 and which is so constructed ize the nature of the discharge of the as to meet all applicable standards of monitored effluent flow or pollutant. Varperformance shall not be subject to any iable effluent flows and pollutant levels more stringent standard of performance may be monitored at more frequent induring a 10-year period beginning on the tervals than relatively constant effluent date of completion of such construction flows and pollutant levels which may be or during the period of depreciation or monitored at less frequent intervals. amortization of such facility for the
$ 124.62 Recording of monitoring acpurposes of section 167 or 169 (or both)
tivities and results. of the Internal Revenue Code of 1954, whichever period ends first.
Any State or interstate agency partici
pating in the NPDES shall specify the Subpart G-Monitoring, Recording, following recording requirements for any and Reporting
NPDES permit which requires monitor
ing of the authorized discharge: § 124.61 Monitoring.
(a) The permittee shall maintain recProcedures of any State or interstate ords of all information resulting from agency participating in the NPDES for any monitoring activities required of him the monitoring of any discharge author- in his NPDES permit; ized by an NPDES permit shall be con- (b) Any records of monitoring activisistent with the following:
ties and results shall include for all sam(a) Any discharge authorized by an ples: (1) The date, exact place, and time NPDES permit may be subject to such of sampling; (2) the dates analyses were monitoring requirements as may be rea- performed; (3) who performed the analsonably required by the Director, includ- yses; (4) the analytical techniques/
methods used; and, (5) the results of (1) Reports from industrial users of such analyses; and,
progress towards compliance with the (c) The permittee shall be required to requirements of section 307 of the Act, retain for a minimum of 3 years any rec- submitted pursuant to § 124.45(e); ords of monitoring activities and results (2) Notifications (or failure to notify) including all original strip chart record- from permittees of compliance or noning for continuous monitoring instru- compliance with interim requirements mentation and calibration and mainte- specified in NPDES permit schedules of nance records. This period of retention compliance pursuant to § 124.44; and, shall be extended during the course of (3) Data submitted by permittees in any unresolved litigation regarding the NPDES reporting forms and other forms discharge of pollutants by the permittee supplying monitoring data, pursuant to or when requested by the Director or Subpart G of this part. Regional Administrator.
(b) Any such reports or notifications
received by the Director pursuant to $ 124.63 Reporting of monitoring results.
paragraph (a) of this section shall: (1)
Constitute information available to the Any State or interstate agency partici- Director and (2) if forwarded to the Repating in the NPDES shall require
gional Administrator pursuant to the periodic reporting (at a frequency of not
provisions of this part shall constitute less than once per year) on the proper information available to the AdministraNPDES reporting form of monitoring tor within the meaning of section 309 results obtained by a permittee pursuant of the Act. to monitoring requirements in an NPDES
(c) Any State or interstate agency permit. In addition to the NPDES report
participating in the NPDES shall have ing form, the Director in his discretion
procedures and capability similar to may require submission of such other
paragraph (a) of this section for the information regarding monitoring re
receipt and evaluation of notices (relatsults as he determines to be necessary.
ing to new introductions or changes in (Comment. Reporting frequency, as with the volume or character of pollutants monitoring frequency, depends upon the na- introduced into publicly owned treatture and impact of the discharge. Annual ment works) submitted by permittees report submission is sufficient for small cool
which are publicly owned treatment ing water discharges. Discharges for which
works, pursuant to § 124.45(d), for posmore frequent, even monthly, reporting is desirable include variable discharges, major,
sible violation of the terms and condiincluding municipal, discharges, and dis
tions of the NPDES permit. If the Dicharges for which new treatment or control rector determines that any condition of methods are being applied. Reporting fre- the permit is violated, he shall notify the quency should correspond with administra- Regional Administrator and consider tive capability to evaluate the reports as taking action under section 402(h) of they come in.)
the Act (relating to proceedings to re§ 124.64 NPDES monitoring, recording, strict or prohibit the introduction of and reporting requirements.
pollutants into treatment works). Any State or interstate agency partici- & 124.72 Modification, suspension, and pating in the NPDES shall adopt proce- revocation of NPDES permits. dures consistent with any national moni- (a) Any State or interstate agency toring, recording, and reporting require
participating in the NPDES shall provide ments specified by the Administrator in
procedures which insure that, after regulations issued pursuant to the Act.
notice and opportunity for a public hearSubpart H-Enforcement Provisions ing, any permit issued under the NPDES
can be modified, suspended, or revoked $ 124.71 Receipt and followup of no- in whole or in part during its term for tifications and reports.
cause including, but not limited to, the (a) Any State or interstate agency causes listed in § 124.45(b) or for failure participating in the NPDES shall have or refusal of the permittee to carry out the procedures and the capability for the the requirements of $ 124.45(c). receipt, evaluation, and investigatory (b) The Director may, upon request of followup for possible enforcement or the applicant, revise or modify a schedremedial action of all notices and reports ule of compliance in an issued NPDES required of permittees including, but not permit if he determines good and valid limited to, the following:
cause (such as an Act of God, strike, flood, materials shortage, or other event over water quality standards or effluent standwhich the permittee has little or no con- ards and limitations or of NPDES pertrol) exists for such revision and if mits or terms or conditions thereof; within 30 days following receipt of notice (e) Procedures which enable the Difrom the Director, the Regional Admin- rector to assess or to sue to recover in istrator does not object in writing. All court, such civil fines, penalties, and revisions or modifications made pursuant other civil relief as may be appropriate to this subsection during the period end- for the violation by any person of (1) ing 30 days prior to the date of trans- any effluent standards and limitations or mission of such list, shall be included in water quality standards, (2) any NPDES the list prepared by the Director pur- permit or term or condition thereof, (3) suant to 8 124.44(d).
any NPDES filing requirements, (4) any
duty to permit or carry out inspection, $ 124.73 Enforcement.
entry, or monitoring activities, (5) any Any State or interstate agency partici- order issued by the Director under parapating in the NPDES shall have such graph (a) of this section, or (6) any powers and procedures and such re- rules, regulations, or orders issued by the course to criminal, civil, and civil injunc- Director; tive remedies as to insure the following (f) Procedures which enable the Diways and means are available to protect, rector to seek criminal fines for the willmaintain, and enhance water quality: ful or negligent violation by such persons
(a) Procedures which enable the Di- of (1) any effluent standards and limitarector to require compliance with (1) tions or water quality standards, (2) any any effluent standards and limita- NPDES permit or term or condition tions or water quality standards, (2) thereof, (3) any NPDES filing requireany NPDES permit or term or condition ments; thereof, (3) any NPDES filing require- (g) Procedures which enable the Diments, (4) any duty to permit or carry rector to seek criminal fines against any out inspection, entry, or monitoring ac- person who knowingly makes any false tivities, or (5) any rules or regulations statement, representation, or certificaissued by the Director either pursuant to tion in any NPDES form or any notice or orders issued by the Director, court ac- report required by the term and conditions, or both;
tions of any issued NPDES permit or (b) Procedures which enable the Di- knowingly renders inaccurate any monirector to immediately and effectively toring device or method required to be halt or eliminate any imminent or sub- maintained by the Director; and stantial endangerments to the health or
(h) The maximum civil penalties and welfare of persons resulting from the criminal fines recoverable by the Director discharge of pollutants (1) by an order
pursuant to paragraphs (e) and (f) of or suit in the appropriate State court to
this section shall (1) be comparable to immediately restrain any person causing similar maximum amounts recoverable or contributing to the discharge of pol
by the Regional Administrator under lutants or to take such other action as
section 309 or (2) represent an actual and may be necessary, or (2) by a procedure
substantial economic deterrent to the acfor the immediate telephonic notice to
tions for which they are assessed or the Regional Administrator of any actual
levied. Such civil penalties or criminal or threatened endangerments to the
fines shall be assessable up to the maxihealth or welfare of persons resulting
mum amounts for each violation specified from the discharge of pollutants;
in paragraphs (e) and (f) of this sec(c) Procedures which enable the Di
tion, or, if the violation is a continuous rector to sue in courts of competent juris
discharge, assessable for each day the diction to enjoin any threatened or con- discharge occurs. tinuing violations of any NPDES permits or conditions thereof without the neces
(Comment. It is understood that in many
States the Director will be represented in sity of a prior revocation of the permit;
State courts by the State attorney general (d) Procedures which enable the Di
or other appropriate legal officer. While the rector to enter any premises in which Director need not appear in court actions an effluent source is located or in which under this subpart, he should have the power records are required to be kept under to request that such actions be brought. terms or conditions of a permit and The following enforcement options, while otherwise be able to investigate, inspect, not mandatory, are highly recommended as or monitor any suspected violations of means not only for compelling compliance
but also for providing additional funds to utilize in his review of any permits proState or interstate program efforts:
posed to be issued by the Director for the (1) Procedures for assessment by the Di
disposal of pollutants into wells, any rector or by a State court of any violator for the costs of an investigation, Inspection, or
policies, technical information, or remonitoring survey which led to the estab- quirements specified by the Adminislishment of the violation;
trator in regulations issued pursuant to (2) Procedures which enable the Director the Act or in directives issued to EPA to assess or to sue any persons responsible regional offices. for an unauthorized discharge of pollutants for any expenses incurred by the State in Subpart — Resources, Planning and removing, correcting, or terminating any
Other Requirements adverse effects upon water quality resulting from such unauthorized discharge of pol- $ 124.91 Availability of resources. lutants, whether or not accidental; and, (3) Procedures which enable the Director
(a) Any State or interstate agency to sue for compensation for any loss or de- participating in the NPDES shall, in substruction of wildlife, fish or aquatic life, and mitting its program description pursuant for any other actual damages caused by an to section 402(b) of the Act, provide inunauthorized discharge of pollutants, either formation regarding funding and manfor the State, for any residents of the State
power appropriated for the use of the who are directly aggrieved by the unauthor
program proposed to be established and ized discharge of pollutants, or both.)
administered under State law or under Subpart 1Disposal of Pollutants Into an interstate compact. Such information Wells
shall include the following:
(1) A description of all full-time and 8 124.80 Control of disposal of pol- part-time employees who will be engaged lutants into wells.
in carrying out the State permit program, Any State or interstate agency partic- including information on the qualificaipating in the NPDES shall have pro- tions and functions of such employees. cedures which control the disposal of (2) A list of the proposed costs and pollutants into wells. Any such disposal expenses of establishing and administershall be sufficiently controlled to protect ing the program described in the prothe public health and welfare and to gram description, including (i) wages prevent pollution of ground and surface and salaries of the personnel listed in (1) water resources.
above, (ii) cost of administrative sup(a) If an applicant for an NPDES per- port (such as office space and supplies, mit proposes to dispose of pollutants computer time, vehicles, notice and hearinto wells as part of a program to meet ing procedures, etc.), and (iii) cost of the proposed terms and conditions of technical support (such as laboratory an NPDES permit, the Director shall space and supplies, vehicles, watercraft, specify additional terms and conditions etc.). Such estimate of costs and expenses in the final NPDES permit which shall shall include the cost and expense of (1) prohibit the proposed disposal, or carrying out the procedures and require(2) control the proposed disposal in or- ments contained in this part; der to prevent pollution of ground and (3) A description of the funding surface water resources and to protect available to the Director to meet the the public health and welfare.
costs and expenses listed in subpara(b) A State agency participating in graph (2) of this paragraph including the NPDES shall have procedures to pro- any restrictions or limitations upon such hibit or control through the issuance of funding; and permits all other proposed disposals of (4) A list of categories and sizes of pollutants into wells. Following approval all point sources (e.g., major industrial, of the Administrator of a State program minor industrial, minor municipal, mapursuant to section 402 of the Act, the jor feedlot, irrigation return flow, shopDirector shall permit no uncontrolled ping centers and subdivisions, etc.) to disposals of pollutants into wells within which the Director proposes to issue the State.
permits under the Act. For each cate(c) Any permit issued for the disposal gory, the following information shall be of pollutants into wells shall be issued in given: accordance with the procedures and re- (i) Estimated numbers of point quirements specified in this part.
sources within such category which are (d) The Regional Administrator shall required to file for an NPDES permit: distribute to the Director and shall and
(ii) Number and percent of point sources within each category for which the State has already issued a State permit or equivalent document regulating the discharge of pollutants.
(b) The Regional Administrator and the Administrator shall review the information submitted by the Director pursuant to paragraph (a) of this section in order to determine whether the Director has resources available to him which will enable him to carry out the program described in the program description submitted pursuant to section 402(b) and the procedures contained in this part. Such a determination shall be based upon an examination of criteria which shall include the following:
(1) Whether there are a sufficient number of employees to process NPDES applications and issue NPDES permits in sufficient time to allow permittees to attain effluent limitations which will achieve the July 1, 1977 goal specified in section 301(b) of the Act;
(2) Whether the employees of the Director have suficient expertise and experience for the proper specification of terms and conditions of NPDES permits pursuant to the requirements of subpart E of this part;
(3) Whether the employees of the Director have sufficient administrative and technical support and resources, including funding, to enable the Director to carry out his duties under this part and section 402 of the Act;
(4) The number, location, and kinds of point sources which constitute major sources discharge of pollutants within the State or interstate area; and
(5) The quality of navigable waters within the State or subject to the authority of the interstate agency. & 124.92 Inspection and surveillance
support for NPDES permits. Any State or interstate agency participating in the NPDES shall have the funding, qualified personnel, and other resources necessary to support NPDES permits with inspection and surveillance procedures which will determine, independent of information supplied by applicants and permittees, compliance or noncompliance with applicable effluent standards and limitations, water quality standards, NPDES filing requirements, and issued NPDES permits or terms or conditions thereof. Such surveillance and
inspection support procedures shall include the following:
(a) A supporting survey program with sufficient capability to make systematic, on-the-spot, comprehensive surveys of all waters subject to the Director's authority in order to identify and locate all point sources subject to NPDES filing requirements. Any compilation, index, or inventory of point sources shall be made available to the Regional Administrator or his authorized representative upon request;
(b) A supporting inspection program for the periodic inspection (to be performed not less than once every year for every discharge which is not a minor discharge) of discharges of pollutants from point sources and facilities for the treatment and control of such discharges of pollutants. Such inspections shall determine compliance or noncompliance with issued NPDES permits or terms or conditions thereof and, in particular, compliance or noncompliance with specific effluent limitations and schedules of compliance in such NPDES permits;
(c) A supporting surveillance program with sufficient capability for the random sampling and analysis of discharges for the purpose of identifying occasional and continuing violations of permit conditions or terms or conditions thereof and the accuracy of information submitted by permittees in NPDES reporting forms and other forms supplying monitoring data; and
(d) A supporting program for the purpose of following up evidence of violations of applicable efluent standards and limitations and water quality standards, NPDES filing requirements, or issued NPDES permits or terms or conditions thereof indicated by reports and notifications evaluated pursuant to § 124.71 above or by survey, inspection, and surveillance activities in paragraphs (a)(c) of this section. The taking of samples and other information shall be performed with sufficient care as to produce evidence admissible in an enforcement proceeding or in court should the followup indicate a violation of applicable effiuent standards and limitations and water quality standards or issued NPDES permits or terms or conditions thereof. $ 124.93 Continuing planning process.
Any State or interstate program participating in the NPDES must have an