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Water Quality: Do I Need a Permit?

Storm Water and NPDES

§401 Certification Process

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Wastewater Program

Richard Huddleston, P.E.

(208) 373-0561


Wastewater:
National Pollutant Discharge Elimination System (NPDES) Program

NPDES Program Implementation   > Wastewater Treatment Plants

State Primacy Consideration

        Biosolids (Sewage Sludge)
  > December 2005 Decision Analysis Report         Pretreatment
NPDES Permits   > Storm Water  
  > Aquaculture For More Information
  > Concentrated Animal Feeding Operations  
  > Industry  
 

Industrial, municipal, and other point sources of pollution that discharge wastewater directly to surface waters are required to obtain National Pollutant Discharge Elimination System (NPDES) permits. (A point source is a source of pollution that comes from a discrete pipe or other "point".)   NPDES permits limit the amount of pollution that point sources may discharge into surface waters. The purpose of NPDES permits is to protect water quality and public health.

 
 NPDES Program Implementation

In Idaho, the NPDES permit program is administered by the U.S. Environmental Protection Agency (EPA), which means that EPA is responsible for issuing and enforcing all NPDES permits in Idaho. The state's role in this process is to certify that NPDES-permitted projects comply with state water quality standards.

 
 State Primacy Consideration

Idaho is one of only a handful of states where the NPDES program is administered by EPA. States are encouraged by EPA to attain primacy for the program. Primacy enables states to assume responsibility for administering certain federally mandated programs, such as the NPDES program.


In June 2000, a steering committee was formed to consider whether Idaho should seek primacy for the NPDES program. A study was conducted and, in January 2001 and November 2002, reports were issued recommending that Idaho seek primacy for the NPDES program. A majority of steering committee members viewed state primacy as a way to make the program more cost-effective and to streamline the NPDES permitting process.

 

View NPDES Decision Analysis Reports:

> January 2001 Report (pdf 588 kb, 38 pages)

> November 2002 Report (pdf 2.3 mb, 267 pages)

 

Legislation to implement the steering committee's recommendations was drafted, but did not garner adequate support for passage during the 2003 legislative session. In August 2004, at the initiative of various industries and interested parties, a work group was chartered by the Environmental Common Sense Committee to reconsider the state primacy issue. The committee considered the pros and cons of shifting responsibility for the NPDES program from EPA to DEQ and, in view of the complexity of this issue, recommended that DEQ more thoroughly review the NPDES primacy issue and develop recommendations as to whether it would be appropriate for Idaho to pursue primacy.


In early 2005, the Idaho Legislature directed DEQ to further explore issues relating to obtaining primacy for the NPDES program. DEQ submitted a summary report of those findings to the Legislature in January 2006.

> View December 2005 Report (pdf 174 kb, 23 pages)     

 
 NPDES Permits
An NPDES permit generally allows a facility to discharge a specific amount of a pollutant into a receiving water under certain conditions; a permit may allow a facility to dispose or re-use its by-products in other ways as well. There are two basic types of NPDES permits: individual and general. An individual permit is a permit written specifically for an individual facility. A general permit may cover multiple facilities within one industry, such as aquaculture, or may cover multiple facilities from different industries but that have a similar discharge, such as storm water. General permits are only issued to dischargers within a specific geographical area.
 

 Aquaculture

Aquaculture is the cultivating of freshwater fish, such as salmon and trout, under controlled conditions for commercial, conservation, and recreation uses. EPA has issued a general NPDES permit for aquaculture facilities and associated fish processing facilities in Idaho. The permit authorizes discharges from facilities engaged in the growing, containing, or holding of fish in ponds, raceways, and other similar structures. The hatcheries and fish farms permitted under the Idaho general permit include state, federal, tribal, and private facilities. There are approximately 100 permitted operations in Idaho, nearly 70% of which operate in the Magic Valley, discharging to the Snake River.
 

 Concentrated Animal Feeding Operations

The Clean Water Act defines concentrated animal feeding operations, also called "CAFOs" or "feedlots," as point sources; therefore, they are subject to NPDES permitting. Animal waste and wastewater can enter water bodies from spills or breaks of waste storage structures and non-agricultural application of manure to crop land. EPA has issued a general NPDES permit for CAFOs in Idaho
 

 Industry

If an industrial facility discharges pollutants from any point source directly into waters of the United States, the facility must have an NPDES permit from EPA.  Some industries may discharge their wastewater directly to a sanitary sewer, where it is conveyed to a wastewaste treatment plant.  This wastewater may be subject to pretreatment requirements. Some industries are also subject to NPDES storm water permitting regulations
 

 Wastewater Treatment Plants

Wastewater treatment plants collect wastewater (mainly domestic sewage) and may discharge treated wastewater into waters of the Unites States with an NPDES permit. The permits include provisions relating to biosolids; permits for municipal facilities may also specify pretreatment requirements for industries that discharge their wastewater to the wastewater treatment plants. EPA uses the term "publicly owned treatment works" to describe municipal wastewater treatment plants. More.

 
Biosolids (Sewage Sludge)

Biosolids are the nutrient-rich organic materials resulting from the treatment of sewage sludge (the solid, semisolid, or liquid untreated residue generated during the treatment of domestic wastewater [sewage]). Biosolids can be safely recycled and applied as fertilizer.

 

A biosolids permit is required for wastewater treatment plants that treat domestic sewage and is issued as part of the facility's NPDES permit. Other types of industries may work with biosolids or apply biosolids as fertilizer and may not be required to obtain a biosolids permit (always check with EPA to be sure). However, those who work with biosolids must comply with federal biosolids regulations even when a permit is not required. More.

 

In addition to federal regulations, Idaho has its own state rules that regulate the use of sewage sludge (biosolids) (IDAPA 58.01.02.650, Sludge Usage). These rules require land appliers of domestic sewage sludge to submit a sludge disposal plan to DEQ or obtain approval on a site-by-site basis. DEQ must approve the plan before the sludge can be land applied.
 
Pretreatment
The National Pretreatment Program is a portion of the NPDES program established to address discharges from industries to wastewater treatment plants. The program requires industrial and commercial dischargers to treat ("pretreat") or control pollutants in their wastewater prior to discharge to wastewater treatment plants. It is the wastewater treatment plant's NPDES permit that specifies pretreatment requirements. Industrial users must comply with the pretreatment standards and reporting requirements. More
 

 Storm Water

Storm water is water from rain or melting snow that does not immediately soak into the ground. Storm water discharges are generated by runoff from land and impervious areas such as paved streets and rooftops. Storm water can contain pollutants, such as fertilizers, pesticides, and oil and grease, in quantities that can adversely impact water quality. Most storm water discharges are considered point sources and require coverage by a NPDES permit. Construction activities, certain industries, and municipal separate storm sewer systems (MS4s) are all required to have storm water permits. Like the rest of the NPDES program, the NPDES storm water program in Idaho is operated by EPA. Link to more about NPDES storm water permits on DEQ's Web site or on EPA's Web site
 
 For More Information
40 CFR Part 503 (Standards for the Use or Disposal of Sewage Sludge)
401 Certification of NPDES permits
Aquaculture in Idaho
Biosoilds
EPA's NPDES Pretreatment Program
Idaho Waste Management Guidelines for Aquaculture Operations
National Pollutant Discharge Elimination System - General
National Pollutant Discharge Elimination System - EPA Region 10 Permits

National Pollutant Discharge Elimination System - EPA Region 10 General Permits

    (includes Aquaculture, Concentrated Animal Feeding Operations, and

    Storm Water)

A Plain English Guide to the EPA Part 503 Biosolids Rule
Sludge Usage, IDAPA 58.01.02.650 (pdf on Department of Administration Web site)
Storm Water NPDES Permits (DEQ Web site)
Storm Water NPDES Permits (EPA Web site)



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