567—64.6 (455B) Completing a Notice of Intent for coverage under a general permit.
	   64.6(1) Contents of a complete Notice of Intent. An applicant proposing to conduct activities covered by a general permit shall file a complete Notice of Intent by submitting to the department materials required in paragraphs “a” to “c” of this subrule except that a Notice of Intent is not required for discharges authorized under General Permit No.	6.
	      a.    	  Notice of Intent Application Form. The following Notice of Intent forms must be completed in full.
	       (1)  	 General Permit No.	1 “Storm Water Discharge Associated with Industrial Activity,” Form 542-1415.
	       (2)  	 General Permit No.	2 “Storm Water Discharge Associated with Industrial Activity for Construction Activities,” Form 542-1415.
	       (3)  	 General Permit No.	3 “Storm Water Discharge Associated with Industrial Activity from Asphalt Plants, Concrete Batch Plants, Rock Crushing Plants and Construction Sand and Gravel Facilities,” Form 542-1415.
	       (4)  	 General Permit No.	4 “Discharge from On-Site Wastewater Treatment and Disposal Systems,” Form 542-1541.
	       (5)  	 General Permit No.	5 “Discharge from Mining and Processing Facilities,” Form 542-4006.
	       (6)  	 General Permit No.	7, “Pesticide General Permit (PGP) for Point Source Discharges to Waters of the United States From the Application of Pesticides.”
	      b.    	  General permit fee. The general permit fee according to the schedule in 567—64.16(455B) payable to the Department of Natural Resources.
	      c.    	  Public notification. The following public notification requirements must be completed for the corresponding general permit.
	       (1)  	 General Permits No.	1, No.	2 and No.	3. A demonstration that a public notice was published in at least one newspaper with the largest circulation in the area in which the facility is located or the activity will occur. The newspaper notice shall, at the minimum, contain the following information:
PUBLIC NOTICE OF STORM WATER DISCHARGE
The (applicant name) plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under NPDES General Permit (select the appropriate general permit—No.	1 “Storm Water Discharge Associated with Industrial Activity” or General Permit No.	2 “Storm Water Discharge Associated with Industrial Activity for Construction Activities”). The storm water discharge will be from (description of industrial activity) located in (¼ section, township, range, county). Storm water will be discharged from (number) point source(s) and will be discharged to the following streams: (stream name(s)).
Comments may be submitted to the Storm Water Discharge Coordinator, IOWA DEPARTMENT OF NATURAL RESOURCES, Environmental Protection Division, 900 E. Grand Avenue, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8 a.m.	to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department.
	       (2)  	 General Permits No.	4, No.	5, No.	6, and No.	7. There are no public notification requirements for these permits.
	   64.6(2) Authorization to discharge under a general permit. Upon the submittal of a complete Notice of Intent in accordance with 64.6(1) and 64.3(4)“b,” the applicant is authorized to discharge after evaluation of the Notice of Intent by the department is complete and the determination has been made that the contents of the Notice of Intent satisfy the requirements of 567—Chapter 64. The discharge authorization date for all storm water discharges associated with industrial activity that are in existence on or before October 1, 1992, shall be October 1, 1992. The applicant will receive notification by the department of coverage under the general permit. If any of the items required for filing a Notice of Intent specified in 64.6(1) are missing, the department will consider the application incomplete and will notify the applicant of the incomplete items.
	   64.6(3) General permit suspension or revocation. In addition to the causes for suspension or revocation which are listed in 64.3(11), the director may suspend or revoke coverage under a general permit issued to a facility or a class of facilities for the following reasons and require the applicant to apply for an individual NPDES permit in accordance with 64.3(4)“a”:
	      a.    	 The discharge would not comply with Iowa’s water quality standards pursuant to 567—Chapter 61, or
	      b.    	 The department finds that the activities associated with a Notice of Intent filed with the department do not meet the conditions of the general permit. The department will notify the affected discharger and establish a deadline, not longer than one year, for submitting an individual permit application, or
	      c.    	 The department finds that water well construction and well service discharge are not managed in a manner consistent with the conditions specified in General Permit No.	6, or
	      d.    	 The department finds that discharges from biological pesticides and chemical pesticides which leave a residue are not managed in a manner consistent with the conditions specified in General Permit No.	7.
	   64.6(4) Eligibility for individual permit holders. A person holding an individual NPDES permit for an activity covered by a general permit may apply for coverage under a general permit upon expiration of the individual permit and by filing a Notice of Intent according to procedures described in 64.3(4)“b.”
	   64.6(5) Filing a Notice of Discontinuation. A notice to discontinue the activity covered by the NPDES general permit shall be made in writing to the department 30 days prior to or after discontinuance of the discharge. For storm water discharge associated with industrial activity for construction activities, the discharge will be considered as discontinued when “final stabilization” has been reached. Final stabilization means that all soil-disturbing activities at the site have been completed and that a uniform perennial vegetative cover with a density of 70 percent for the area has been established or equivalent stabilization measures have been employed.
The notice of discontinuation shall contain the following:
	      a.    	 The name of the facility to which the permit was issued,
	      b.    	 The general permit number and permit authorization number,
	      c.    	 The date the permitted activity was, or will be, discontinued, and
	      d.    	 A signed certification in accordance with the requirements in the general permit.
	   64.6(6) Transfer of ownership—construction activity part of a larger common plan of development. For construction activity which is part of a larger common plan of development, such as a housing or commercial development project, in the event a permittee transfers ownership of all or any part of property subject to NPDES General Permit No.	2, both the permittee and transferee shall be responsible for compliance with the provisions of the general permit for that portion of the project which has been transferred, including when the transferred property is less than one acre in area, provided that:
	      a.    	 The transferee is notified in writing of the existence and location of the general permit and pollution prevention plan, and of the transferee’s duty to comply, and proof of such notice is included with the notice to the department of the transfer.
	      b.    	 If the transferee agrees, in writing, to become the sole responsible permittee for the property which has been transferred, then the transferee shall be solely responsible for compliance with the provisions of the general permit for the transferred property.
	      c.    	 If the transferee agrees, in writing, to obtain coverage under NPDES General Permit No.	2 for the property which has been transferred, then the transferee is required to obtain coverage under NPDES General Permit No.	2 for the transferred property. After the transferee has agreed, in writing, to obtain coverage under NPDES General Permit No.	2 for the transferred property, the authorization issued under NPDES General Permit No.	2 to the transferor for the transferred property shall be considered by the department as not providing NPDES permit coverage for the transferred property and the transferor’s authorization issued under NPDES General Permit No.	2 for, and only for, the transferred property shall be deemed by the department as being discontinued without further action of the transferor.
	      d.    	 All notices as described in this subrule shall contain the name of the development as submitted to the department in the original Notice of Intent and as modified by any subsequent written notices of name changes submitted to the department, the authorization number assigned to the authorization by the department, the legal description of the transferred property including lot number, if any, and any other information necessary to precisely locate the transferred property and to establish the legality of the document.
[ARC 8520B, IAB 2/10/10, effective 3/17/10; ARC 9365B, IAB 2/9/11, effective 3/30/11; ARC 1337C, IAB 2/19/14, effective 3/26/14]