R 323.2191 General permits generally.

Rule 2191. (1) Upon a determination by the department that certain discharges are appropriately and adequately controlled by a general permit, the department may issue a general permit to cover a category of discharge. The general permit may cover storm water point source discharges or a category of point source discharges other than storm water point source discharges if all of the following provisions apply: (a) The sources involve the same or substantially similar types of operations. (b) The sources discharge the same types of wastes. (c) The sources require the same effluent limitation or operating conditions. (d) The sources require the same or similar monitoring. (2) General permits shall be issued, modified, revoked and reissued, or terminated in compliance with these rules. (3) The department may require any person who is authorized to make a discharge, by a general permit, to apply for and obtain an individual national permit if any of the following circumstances apply: (a) The discharge is a significant contributor to pollution as determined by the department on a case-by-case basis. (b) The discharger is not complying, or has not complied, with the conditions of the general permit. (c) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of waste applicable to the point source discharge. (d) Effluent standards and limitations are promulgated for point source discharges subject to the general permit. (e) The department determines that the criteria under which the general permit was issued no longer apply. Any person may request the department to take action pursuant to the provisions of this subrule. (4) If the department requires a person who is authorized to make a discharge, by a general permit, to apply for an individual national permit as provided in subrule (3) of this rule, the department shall do so in writing Written notice shall include all of the following: (a) A statement of the reasons for the department's decision. (b) An application form. (c) A statement setting the date by which the owner or operator shall file the application. (d) A statement that on the effective date of the individual national permit, the general permit, as it applies to the individual discharge, will be superseded. (5) Any person having a discharge which is authorized, or proposing a discharge which may be authorized by a general permit, may request to be excluded from the coverage of the general permit and apply for an individual national permit. An application shall be submitted pursuant to these rules, with reasons supporting the request, to the department. The department may deny an application for an individual national permit if it determines that the general permit is more appropriate. (6) The issuance of an individual national permit to a person will supersede the applicability of the general permit on the effective date of the individual national permit.