49-241. Permit required to discharge A. Unless otherwise provided by this article, any person who discharges or who owns or operates a facility that discharges shall obtain an aquifer protection permit from the director. B. Unless exempted under section 49-250, or unless the director determines that the facility will be designed, constructed and operated so […]
49-241.01. Groundwater protection permit facilities; schedule; definition A. The director shall complete the issuance or denial of aquifer protection permits or clean closure approval for all groundwater protection permit facilities on the following schedule: 1. By January 1, 2004, for all groundwater protection permits for nonmining facilities. 2. By January 1, 2006, for all groundwater […]
49-241.02. Aquifer protection permit program fees A. The department shall adopt by rule fees to pay the expenses incurred in implementing the aquifer protection permit program. Monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210. B. If the department […]
49-242. Procedural requirements for individual permits; annual registration of permittees; fee A. The director shall prescribe by rule requirements for issuing, denying, suspending or modifying individual permits, including requirements for submitting notices, permit applications and any additional information necessary to determine whether an individual permit should be issued, and shall prescribe conditions and requirements for […]
49-243. Information and criteria for issuing individual permit; definition A. The director shall consider, and the applicant for an individual permit may be required to furnish with the application, the following information: 1. The design of the discharge facility. When formal as-built submittals are unavailable, the applicant shall provide sufficient documentation to allow evaluation of […]
49-243.01. Presumptive best available demonstrated control technology A. The director may establish, by rule, presumptive best available demonstrated control technology, processes, operating methods or other alternatives, consistent with section 49-243, subsection B, paragraph 1, for a class of facilities, if the director determines that the facilities in that class are substantially similar in nature. Once […]
49-244. Point of compliance The director shall designate a point or points of compliance for each facility receiving a permit under this article. For the purposes of this chapter, the point of compliance is the point at which compliance must be determined for either the aquifer water quality standards or, if an aquifer water quality […]
49-245. Criteria for issuing general permit A. The director may issue by rule a general permit for a defined class of facilities if all of the following apply: 1. The cost of issuing individual permits cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits. 2. The […]
49-245.01. Storm water general permit A. A general permit is issued for facilities used solely for the management of storm water and that are regulated by the clean water act or article 3.1 of this chapter, including catchments, impoundments and sumps, provided the following conditions are met: 1. The owner or operator of the facility […]
49-245.02. General permit for certain discharges associated with man-made bodies of water A. A general permit is issued for the following discharges: 1. Disposal in vadose zone injection wells of storm water mixed with reclaimed wastewater or groundwater, or both, from man-made bodies of water associated with golf courses, parks and residential common areas, provided […]
49-246. Criteria for developing best management practices A. Pursuant to section 49-245, the director may issue a general permit for facilities requiring implementation of best management practices appropriate to the class of discharges to be regulated. The director shall: 1. Identify the aquifer water quality problem which must be addressed and determine that protection of […]
49-247. Agricultural general permits; best management practices for regulated agricultural activities A. The director shall adopt by rule, pursuant to the requirements of this section, agricultural general permits consisting of best management practices for regulated agricultural activities. Agricultural general permits are not subject to section 49-245 or 49-246. Except as provided in subsection G of […]
49-249. Aquifer pollution information The director shall make available to the public upon request and on the agency’s web site every five years the levels of pollutants in aquifers in this state and the effects of regulation under this chapter in general and best management practices in particular on controlling or reducing pollution in aquifers.
49-250. Exemptions A. The director, by rule, may exempt specifically described classes or categories of facilities from the aquifer protection permit requirements of this article on a finding either that there is no reasonable probability of degradation of the aquifer or that aquifer water quality will be maintained and protected because the discharges from the […]
49-251. Temporary emergency waiver A. A facility owner or operator may apply for, and the director may issue, a temporary emergency waiver of compliance with the requirement to obtain a permit or with any applicable permit requirement, surface or aquifer water quality standard or discharge limitation if the waiver will not endanger human health or […]
49-252. Closure notification and approval A. A person who owns or operates a dry well subject to this article or a groundwater protection permit facility as defined in section 49-241.01, subsection C or a person who has been issued a permit pursuant to this article shall notify the director of the intent to permanently cease […]
