Difference between revisions of "RAPID/Roadmap/14-UT-d"

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*Application date;
 
*Application date;
 
*Name and address of the developer;
 
*Name and address of the developer;
*Signature of the developer. A corporate application must be signed by an officer of the corporation. Any signature required for application for certification must be provided as described in 40 CFR Section 122.22(a);
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*Signature of the developer. A corporate application must be signed by an officer of the corporation. Any signature required for application for certification must be provided as described in [[Title 40 CFR 122 EPA Administered Permit Programs: NPDES | 40 CFR Section 122.22(a)]];
 
*Name, address, email address and phone number of a contact for the application;
 
*Name, address, email address and phone number of a contact for the application;
 
*List of names and address of landowners adjacent to the project site;
 
*List of names and address of landowners adjacent to the project site;
 
*Plans or drawings that include a plan view, cross section view, and elevation view;
 
*Plans or drawings that include a plan view, cross section view, and elevation view;
 
*Associated existing or pending federal, state, and local permits, including land use permits, with corresponding file numbers;
 
*Associated existing or pending federal, state, and local permits, including land use permits, with corresponding file numbers;
*For proposed discharges, specific information about the discharge must be included as required by [http://www.rules.utah.gov/publicat/code/r317/r317-015.htm#T5 R317-15-4.1H];
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*For proposed discharges, specific information about the discharge must be included as required by [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-4.1H]];
 
*A description of the overall project including the construction and operation of the facilities which may result in discharge. Characterize the physical, chemical, biological, thermal and other pertinent properties of the discharge;  
 
*A description of the overall project including the construction and operation of the facilities which may result in discharge. Characterize the physical, chemical, biological, thermal and other pertinent properties of the discharge;  
 
*A description on how the discharges are compliant with water quality standards of the receiving water including anti-degradation requirements, beneficial use designations, narrative standards and numeric criteria;  
 
*A description on how the discharges are compliant with water quality standards of the receiving water including anti-degradation requirements, beneficial use designations, narrative standards and numeric criteria;  
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*Supporting documentation submitted to federal agencies, as applicable;
 
*Supporting documentation submitted to federal agencies, as applicable;
 
*An exhibit that identifies and describes other requirements of Utah law applicable to the activity that have any relationship to water quality, including requirements under:
 
*An exhibit that identifies and describes other requirements of Utah law applicable to the activity that have any relationship to water quality, including requirements under:
#Section 19-5-114, spills or discharges of oil or other substance;  
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#Section [[Utah. Code. Ann. § 19-5-115: Spills or discharges of oil or other substance | Utah. Code. Ann § 19-5-114]];  
#[http://www.rules.utah.gov/publicat/code/r317/r317-002.htm#T14 Section R317-2-12], Category 1 and Category 2 waters;
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#[[U.A.C. R317-2: Standards of Quality for Waters of the State | U.A.C. R317-2-12]], Category 1 and Category 2 waters;
#[http://www.rules.utah.gov/publicat/code/r317/r317-002.htm#T5 Section R317-2-3] Anti-degradation Policy (ADR);
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#[[U.A.C. R317-2: Standards of Quality for Waters of the State | U.A.C. R317-2-3]] Anti-degradation Policy (ADR);
#Utah Pollutant Discharge Elimination System (UPDES) Storm Water General Permit for Construction Activities Permit No. UTR300000; and
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#Utah Pollutant Discharge Elimination System (UPDES) Stormwater General Permit for Construction Activities Permit No. UTR300000; and
 
#UPDES General Permit for Construction Dewatering Permit No. UTG070000.  
 
#UPDES General Permit for Construction Dewatering Permit No. UTG070000.  
 
*Estimated dates on which the activity will begin and end and the date or dates on which the discharge(s) will take place;  
 
*Estimated dates on which the activity will begin and end and the date or dates on which the discharge(s) will take place;  
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==14-UT-d.3 – Review Application Materials for Completeness==
 
==14-UT-d.3 – Review Application Materials for Completeness==
The director will review the application materials to ensure that all necessary information is included.  
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 +
The director will review the application materials to ensure that all necessary information is included. See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-4.4]].
  
 
==14-UT-d.4 – Is the Application Complete?==
 
==14-UT-d.4 – Is the Application Complete?==
The developer will be notified if the application is incomplete, and given a deadline to provide the information necessary. If the developer fails to furnish the required information within the time limit, then the application will be placed on hold.  
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 +
The developer will be notified if the application is incomplete, and given a deadline to provide the information necessary. If the developer fails to furnish the required information within the time limit, then the application will be placed on hold. See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-4.4]].
  
 
==14-UT-d.5 – Review Application Materials==
 
==14-UT-d.5 – Review Application Materials==
 +
 
The evaluation process used by the director varies on a site-specific basis. In determining whether a proposed discharge complies with applicable discharge and water quality requirements, the director will ordinarily consider in the evaluation process whether a proposed discharge:
 
The evaluation process used by the director varies on a site-specific basis. In determining whether a proposed discharge complies with applicable discharge and water quality requirements, the director will ordinarily consider in the evaluation process whether a proposed discharge:
*Prevents or interferes with the attainment or maintenance of applicable water quality standards in [http://www.rules.utah.gov/publicat/code/r317/r317-002.htm Section R317-2] including: impairs the designated beneficial use classifications, exceeds water quality criteria, or fails to meet the anti-degradation requirements of [http://www.rules.utah.gov/publicat/code/r317/r317-002.htm#T5 Section R317-2-3];  
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*Prevents or interferes with the attainment or maintenance of applicable water quality standards in [[U.A.C. R317-2: Standards of Quality for Waters of the State | U.A.C. R317-2]] including: impairs the designated beneficial use classifications, exceeds water quality criteria, or fails to meet the anti-degradation requirements of [[U.A.C. R317-2: Standards of Quality for Waters of the State | U.A.C. R317-2-3]];  
 
*Causes a violation of the Utah Water Quality Act, Title 19, Chapter 5;  
 
*Causes a violation of the Utah Water Quality Act, Title 19, Chapter 5;  
*Is inconsistent with wasteloads and permitted load allocations in listed TMDLs in [http://www.rules.utah.gov/publicat/code/r317/r317-001.htm#T7 Section R317-1-7];  
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*Is inconsistent with wasteloads and permitted load allocations in listed TMDLs in [[U.A.C. R317-1: Definitions and General Requirements | U.A.C. R317-1-7]];  
*Causes an exceedence of effluent limitations for control regulations applicable under [http://www.rules.utah.gov/publicat/code/r317/r317-001.htm#T8 Rule R317-8]; or  
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*Causes an exceedence of effluent limitations for control regulations applicable under [[U.A.C. R317-8: Utah Pollutant Discharge Elimination System (UPDES) | U.A.C. R317-8]]; or  
 
*Otherwise causes a failure of compliance with applicable discharge and water quality requirements.  
 
*Otherwise causes a failure of compliance with applicable discharge and water quality requirements.  
[http://www.rules.utah.gov/publicat/code/r317/r317-015.htm#T1 R317-15-6].  
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 +
See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-6.1]].  
  
 
==14-UT-d.6 – Draft Water Quality Certification==
 
==14-UT-d.6 – Draft Water Quality Certification==
Following review of the application materials, the director will develop a draft Water Quality Certification for the project.  
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 +
Following review of the application materials, the director will develop a draft Water Quality Certification for the project.  See See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-5]].
  
 
==14-UT-d.7 – Provide Public Notice of Draft Certification==
 
==14-UT-d.7 – Provide Public Notice of Draft Certification==
 +
 
The director will provide public notice, when practicable, jointly with federal agencies that are licensing or permitting the proposed activity. If public notice in conjunction with federal agencies is not possible, then the director will publish public notice by one or more of the following methods:
 
The director will provide public notice, when practicable, jointly with federal agencies that are licensing or permitting the proposed activity. If public notice in conjunction with federal agencies is not possible, then the director will publish public notice by one or more of the following methods:
 
*Utah Department of Environmental Quality website; or
 
*Utah Department of Environmental Quality website; or
*Any other means selected by the director that will effectively solicit input from stakeholders representing state and federal agencies, interest groups, and the general public. [http://www.rules.utah.gov/publicat/code/r317/r317-015.htm#T5 R317-15-5.4]
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*Any other means selected by the director that will effectively solicit input from stakeholders representing state and federal agencies, interest groups, and the general public.  
 +
 
 +
See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-5]].
  
 
==14-UT-d.8 – Comment on Draft Certification==
 
==14-UT-d.8 – Comment on Draft Certification==
The draft certification must be subject to public comment. The comment period is ordinarily 30 days, but may be lengthened or shortened for good cause. [http://www.rules.utah.gov/publicat/code/r317/r317-015.htm#T1 R317-15-5]. For example, the period may be shortened if the application is of the type that is routinely granted or the impacts of the proposed activity are minor. The period may also be shortened if the period for issuing a Certification is shortened by the federal licensing or permitting agency. A comment period may be lengthened for a major activity.  
+
 
 +
The draft certification must be subject to public comment. The comment period is ordinarily 30 days, but may be lengthened or shortened for good cause. For example, the period may be shortened if the application is of the type that is routinely granted or the impacts of the proposed activity are minor. The period may also be shortened if the period for issuing a Certification is shortened by the federal licensing or permitting agency. A comment period may be lengthened for a major activity.  See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-5.1]].
  
 
==14-UT-d.9 – Hold Public Hearing, If Necessary==
 
==14-UT-d.9 – Hold Public Hearing, If Necessary==
The director has discretion to hold a public hearing if deemed necessary.  
+
 
 +
The director has discretion to hold a public hearing if deemed necessary. See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-5.5]]
  
 
==14-UT-d.10 to 14-UT-d.12 – Does the UDWQ Approve the Certification?==
 
==14-UT-d.10 to 14-UT-d.12 – Does the UDWQ Approve the Certification?==
 +
 
After reviewing the application for certification and comments, the director will either:  
 
After reviewing the application for certification and comments, the director will either:  
 
*Issue a certification;
 
*Issue a certification;
 
*Issue a certification with specific conditions that must be met in order for the developer to be in compliance with applicable law;
 
*Issue a certification with specific conditions that must be met in order for the developer to be in compliance with applicable law;
 
*Deny the certification and include reasons for denial; or
 
*Deny the certification and include reasons for denial; or
*Waive certification if the director finds that the activity will cause minimal impacts to water quality, or have temporary or limited effect on water quality. [http://www.rules.utah.gov/publicat/code/r317/r317-015.htm#T1 R317-15-6(6.3)].
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*Waive certification if the director finds that the activity will cause minimal impacts to water quality, or have temporary or limited effect on water quality.  
 +
 
 +
See [[U.A.C. R317-15: Water Quality Certification | U.A.C. R317-15-6.3]].
 
|Regulations=[[Clean Water Act]];
 
|Regulations=[[Clean Water Act]];
 +
[[Utah. Code. Ann. § 19-5-115: Spills or discharges of oil or other substance]];
 +
[[U.A.C. R317-1: Definitions and General Requirements]];
 +
[[U.A.C. R317-2: Standards of Quality for Waters of the State]];
 +
[[U.A.C. R317-8: Utah Pollutant Discharge Elimination System (UPDES)]];
 
[[U.A.C. R317-15: Water Quality Certification]];
 
[[U.A.C. R317-15: Water Quality Certification]];
 +
[[Title 40 CFR 122 EPA Administered Permit Programs: NPDES]]
 +
}}
 +
{{RoadmapContact
 +
|Contact=Utah Department of Environmental Quality: Antidegradation Review Process Contact
 
}}
 
}}

Latest revision as of 10:54, 3 October 2017

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Utah 401 Water Quality Certification (14-UT-d)

Section 401 of the Clean Water Act (CWA) requires a Water Quality Certification for any federal license or permit that is issued to construct or operate a facility, which may result in any fill or discharge into the navigable waters of the United States. The Utah Division of Water Quality oversees the 401 Water Quality Certification process in the state of Utah. The director of the Utah Division of Water Quality (“director”) handles the nuances of the permitting process.



401 Water Quality Certification Process


14-UT-d.1 to 14-UT-d.2 – 401 Water Quality Application

The developer must submit an application for certification simultaneously with the application to the federal licensing or permit agency. If the application is not submitted simultaneously, then there may be delays and additional fees.

The application for certification must include the following information and documentation:

  • Application date;
  • Name and address of the developer;
  • Signature of the developer. A corporate application must be signed by an officer of the corporation. Any signature required for application for certification must be provided as described in 40 CFR Section 122.22(a);
  • Name, address, email address and phone number of a contact for the application;
  • List of names and address of landowners adjacent to the project site;
  • Plans or drawings that include a plan view, cross section view, and elevation view;
  • Associated existing or pending federal, state, and local permits, including land use permits, with corresponding file numbers;
  • For proposed discharges, specific information about the discharge must be included as required by U.A.C. R317-15-4.1H;
  • A description of the overall project including the construction and operation of the facilities which may result in discharge. Characterize the physical, chemical, biological, thermal and other pertinent properties of the discharge;
  • A description on how the discharges are compliant with water quality standards of the receiving water including anti-degradation requirements, beneficial use designations, narrative standards and numeric criteria;
  • A description of the methods and means being used or proposed to monitor the quality and characteristics of the discharge and the operation of the equipment or facilities employed in control of the proposed discharge;
  • Supporting documentation submitted to federal agencies, as applicable;
  • An exhibit that identifies and describes other requirements of Utah law applicable to the activity that have any relationship to water quality, including requirements under:
  1. Section Utah. Code. Ann § 19-5-114;
  2. U.A.C. R317-2-12, Category 1 and Category 2 waters;
  3. U.A.C. R317-2-3 Anti-degradation Policy (ADR);
  4. Utah Pollutant Discharge Elimination System (UPDES) Stormwater General Permit for Construction Activities Permit No. UTR300000; and
  5. UPDES General Permit for Construction Dewatering Permit No. UTG070000.
  • Estimated dates on which the activity will begin and end and the date or dates on which the discharge(s) will take place;
  • Additional information regarding any unique features of the project; and
  • Any additional information as required by the director.

See U.A.C. R317-15-4.

14-UT-d.3 – Review Application Materials for Completeness

The director will review the application materials to ensure that all necessary information is included. See U.A.C. R317-15-4.4.

14-UT-d.4 – Is the Application Complete?

The developer will be notified if the application is incomplete, and given a deadline to provide the information necessary. If the developer fails to furnish the required information within the time limit, then the application will be placed on hold. See U.A.C. R317-15-4.4.

14-UT-d.5 – Review Application Materials

The evaluation process used by the director varies on a site-specific basis. In determining whether a proposed discharge complies with applicable discharge and water quality requirements, the director will ordinarily consider in the evaluation process whether a proposed discharge:

  • Prevents or interferes with the attainment or maintenance of applicable water quality standards in U.A.C. R317-2 including: impairs the designated beneficial use classifications, exceeds water quality criteria, or fails to meet the anti-degradation requirements of U.A.C. R317-2-3;
  • Causes a violation of the Utah Water Quality Act, Title 19, Chapter 5;
  • Is inconsistent with wasteloads and permitted load allocations in listed TMDLs in U.A.C. R317-1-7;
  • Causes an exceedence of effluent limitations for control regulations applicable under U.A.C. R317-8; or
  • Otherwise causes a failure of compliance with applicable discharge and water quality requirements.

See U.A.C. R317-15-6.1.

14-UT-d.6 – Draft Water Quality Certification

Following review of the application materials, the director will develop a draft Water Quality Certification for the project. See See U.A.C. R317-15-5.

14-UT-d.7 – Provide Public Notice of Draft Certification

The director will provide public notice, when practicable, jointly with federal agencies that are licensing or permitting the proposed activity. If public notice in conjunction with federal agencies is not possible, then the director will publish public notice by one or more of the following methods:

  • Utah Department of Environmental Quality website; or
  • Any other means selected by the director that will effectively solicit input from stakeholders representing state and federal agencies, interest groups, and the general public.

See U.A.C. R317-15-5.

14-UT-d.8 – Comment on Draft Certification

The draft certification must be subject to public comment. The comment period is ordinarily 30 days, but may be lengthened or shortened for good cause. For example, the period may be shortened if the application is of the type that is routinely granted or the impacts of the proposed activity are minor. The period may also be shortened if the period for issuing a Certification is shortened by the federal licensing or permitting agency. A comment period may be lengthened for a major activity. See U.A.C. R317-15-5.1.

14-UT-d.9 – Hold Public Hearing, If Necessary

The director has discretion to hold a public hearing if deemed necessary. See U.A.C. R317-15-5.5

14-UT-d.10 to 14-UT-d.12 – Does the UDWQ Approve the Certification?

After reviewing the application for certification and comments, the director will either:

  • Issue a certification;
  • Issue a certification with specific conditions that must be met in order for the developer to be in compliance with applicable law;
  • Deny the certification and include reasons for denial; or
  • Waive certification if the director finds that the activity will cause minimal impacts to water quality, or have temporary or limited effect on water quality.

See U.A.C. R317-15-6.3.


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