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Water Quality: Do I Need a Permit?

Background

Federal-Issued Water Quality Permits

State-Issued Water Quality Permits
Local-Issued Water Quality Permits
 
 Background

The purpose of water quality permits is to assure compliance with all state and federal water pollution control laws, regulations, and rules, which are designed to protect public health and the environment. Permits set the conditions under which facilities that generate water pollution may operate. Responsibility for issuing water quality permits in Idaho depends upon the type of permit issued.

 
 Federal-Issued Water Quality Permits

The federal government has jurisdiction over the following three major types of water quality permits in Idaho:

  • National Pollutant Discharge Elimination System (NPDES) Permit. The U.S. Environmental Protection Agency (EPA) has jurisdiction over the NPDES permit program in Idaho. NPDES permits regulate point sources that discharge pollutants into surface waters. Point sources are discrete conveyances such as pipes or man-made ditches. Industrial, municipal, and other facilities must obtain NPDES permits if their discharges go directly to surface waters. Click here for more information on NPDES permits (U.S. EPA Web site).
  • Dredge and Fill Permit. EPA and the U.S. Army Corps of Engineers share jurisdiction over the Dredge and Fill Permit Program, which regulates the discharge of dredged and fill material into waters of the U.S., including wetlands. Individual and general dredge and fill permits may be issued only when applicants have demonstrated that no practicable alternative is available and that wetlands have been protected to the maximum extent possible. Click here for more information on dredge and fill permits (U.S. EPA Web site).
  • Hydroelectric Power License. The Federal Energy Regulatory Commission (FERC) regulates nearly all privately and publicly (non-federal) owned hydroelectric projects in the United States and has jurisdiction over the Hydropower Licensing/Re-Licensing Program in Idaho. When existing project licenses are due to expire, FERC evaluates the impact of these projects on the environment and determines whether they should be re-licensed. Click here for more information on FERC's Hydropower Program (FERC Web site).

DEQ's role in each of these federal permitting processes is to certify that the proposed permits meet state water quality standards.

 
 State-Issued Water Quality Permits

The state of Idaho has jurisdiction over the following two types of water quality permits issued by DEQ:

  • Wastewater Reuse Permit. Wastewater may contain any of a number of types of chemicals and, in some cases, human pathogens. To protect public health and prevent pollution of surface and ground waters, Idaho's Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater (IDAPA 58.01.17) (pdf on Department of Administration Web site) require anyone wishing to land-apply wastewater to obtain a wastewater reuse permit before constructing, modifying, or operating a wastewater reuse operation in the state. (The rules do not apply to feedlots, dairies, and mining.) The permits limit the volume of wastewater that may be land-applied based on scientific health standards and require monitoring to assure that the standards are not exceeded. Click here for more information on wastewater reuse permits on this Web site.
  • Swine and Poultry Facility Permit. Swine and poultry facilities are regulated by DEQ to ensure animal waste from the facilities is properly controlled so as not to adversely affect public health or the environment. A permit must be obtained to construct, operate, close, or expand a swine or poultry facility. As of April 1, 2000, new or expanding swine and poultry facilities having a one-time animal unit capacity of 2,000 or more animal units must be permitted whether or not the capacity is currently being met. Click here for more information on swine and poultry facility permits on this Web site.
 
 Local-Issued Water Quality Permits

Local governments and public health districts play an important role in protecting water quality in the state.

  • Wastewater Pretreatment Permit. As a condition of an NPDES permit, a municipality that operates a wastewater treatment plant is required to operate a pretreatment program. An industrial or commercial business that discharges or plans to discharge wastewater to a municipal sewer system may be subject to the city's pretreatment requirements and may be required to obtain an industrial wastewater permit from the local governing unit. Check with your local public works department to determine whether this requirement is applicable in your area.



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