567—64.4 (455B) Issuance of NPDES permits.
	 64.4(1) Individual permit. An individual NPDES permit is required when there is a discharge of a pollutant from any point source into navigable waters. An NPDES permit is not required for the following:
	  a.   	 Reserved.
	  b.   	 Discharges of dredged or fill material into navigable waters which are regulated under Section 404 of the Act;
	  c.   	 The introduction of sewage, industrial wastes or other pollutants into a POTW by indirect dischargers. (This exclusion from requiring an NPDES permit applies only to the actual addition of materials into the subsequent treatment works. Plans or agreements to make such additions in the future do not relieve dischargers of the obligation to apply for and receive permits until the discharges of pollutants to navigable waters are actually eliminated. It also should be noted that, in all appropriate cases, indirect discharges shall comply with pretreatment standards promulgated by the administrator pursuant to Section 307(b) of the Act and adopted by reference by the commission);
	  d.   	 Any discharge in compliance with the instruction of an On-Scene Coordinator pursuant to 40 CFR Part 300 (The National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR 153.10(e) (Pollution by Oil and Hazardous Substances);
	  e.   	 Any introduction of pollutants from non-point source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands, except that this exclusion shall not apply to the following:
	 (1) 	 Discharges from concentrated animal feeding operations as defined in 40 CFR 122.23;
	 (2) 	 Discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24;
	 (3) 	 Discharges to aquaculture projects as defined in 40 CFR 122.25;
	 (4) 	 Discharges from silvicultural point sources as defined in 40 CFR 122.27;
	  f.   	 Return flows from irrigated agriculture; and
	  g.   	 Water transfers, which are defined as activities that convey or connect navigable waters without subjecting the transferred water to intervening industrial, municipal, or commercial use.
	 64.4(2) General permit.
	  a.   	 The director may issue general permits which are consistent with 64.4(2)“b” and the requirements specified in 567—64.6(455B), 567—64.7(455B), 567—subrule 64.8(2), and 567—64.9(455B) for the following activities:
	 (1) 	 Storm water point sources requiring an NPDES permit pursuant to Section 402(p) of the federal Clean Water Act and 40 CFR 122.26 (as amended through June 15, 1992).
	 (2) 	 Private sewage disposal system discharges permitted under 567—Chapter 69 where subsoil discharge is not possible as determined by the administrative authority.
	 (3) 	 Discharges from water well construction and related well services where the discharge will reach a water of the United States as defined in 40 CFR Part 122.2.
	 (4) 	 For any discharge, except a storm water only discharge, from a mining or processing facility.
	 (5) 	 Discharges from the application of biological pesticides and chemical pesticides which leave a residue where the discharge will reach a water of the United States as defined in 40 CFR Part 122.2.
	  b.   	 Each general permit issued by the department must:
	 (1) 	 Be adopted as an administrative rule in accordance with Iowa Code chapter 17A, the Administrative Procedure Act. Each proposed permit will be accompanied by a fact sheet setting forth the principal facts and methodologies considered during permit development,
	 (2) 	 Correspond to existing geographic or political boundaries, and
	 (3) 	 Be identified in 567—64.15(455B).
	  c.   	 If an NPDES permit is required for an activity covered by a general permit, the applicant may seek either general permit coverage or an individual permit. Procedures and requirements for obtaining an individual NPDES permit are detailed in 64.3(4)“a.” Procedures for filing a Notice of Intent for coverage under a general permit are described in 567—64.6(455B) “Completing a Notice of Intent for Coverage Under a General Permit.”
	 64.4(3) Effect of a permit.
	  a.   	 Except for any toxic effluent standards and prohibitions imposed under Section 307 of the Act and standards for sewage sludge use or disposal under Section 405(d) of the Act, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 307, 318, 403 and 405(a)-(b) of the Act, and equivalent limitations and standards set out in 567—Chapters 61 and 62. However, a permit may be terminated during its term for cause as set forth in 64.3(11). Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.
	  b.   	 The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
[ARC 7625B, IAB 3/11/09, effective 4/15/09; ARC 8520B, IAB 2/10/10, effective 3/17/10; ARC 9365B, IAB 2/9/11, effective 3/30/11]