[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.52]

[Page 291]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
       Subpart D--Specific Procedures Applicable to NPDES Permits
 
Sec. 124.52  Permits required on a case-by-case basis.

    (a) Various sections of part 122, subpart B allow the Director to 
determine, on a case-by-case basis, that certain concentrated animal 
feeding operations (Sec. 122.23), concentrated aquatic animal production 
facilities (Sec. l22.24), storm water discharges (Sec. 122.26), and 
certain other facilities covered by general permits (Sec. 122.28) that 
do not generally require an individual permit may be required to obtain 
an individual permit because of their contributions to water pollution.
    (b) Whenever the Regional Administrator decides that an individual 
permit is required under this section, except as provided in paragraph 
(c) of this section, the Regional Administrator shall notify the 
discharger in writing of that decision and the reasons for it, and shall 
send an application form with the notice. The discharger must apply for 
a permit under Sec. 122.21 within 60 days of notice, unless permission 
for a later date is granted by the Regional Administrator. The question 
whether the designation was proper will remain open for consideration 
during the public comment period under Sec. 124.11 and in any subsequent 
hearing.
    (c) Prior to a case-by-case determination that an individual permit 
is required for a storm water discharge under this section (see 
Sec. 122.26(a)(1)(v), (c)(1)(v), and (a)(9)(iii) of this chapter), the 
Regional Administrator may require the discharger to submit a permit 
application or other information regarding the discharge under section 
308 of the CWA. In requiring such information, the Regional 
Administrator shall notify the discharger in writing and shall send an 
application form with the notice. The discharger must apply for a permit 
within 180 days of notice, unless permission for a later date is granted 
by the Regional Administrator. The question whether the initial 
designation was proper will remain open for consideration during the 
public comment period under Sec. 124.11 and in any subsequent hearing.

[55 FR 48075, Nov. 16, 1990, as amended at 60 FR 17957, Apr. 7, 1995; 60 
FR 19464, Apr. 18, 1995; 60 FR 40235, Aug. 7, 1995; 64 FR 68851, Dec. 8, 
1999; 65 FR 30912, May 15, 2000]

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