49-245. Criteria for issuing general permit; definitions

A. Except as provided in subsection I of this section, the director may issue a general permit for a defined class of facilities if all of the following apply:

1. The cost of issuing individual permits cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits.

2. The facilities, activities or practices in the class are substantially similar in nature.

3. The director is satisfied that appropriate conditions under a general permit for operating the facilities or conducting the activity will meet the applicable requirements in section 49-243 or, as to facilities for which the director has established best management practices, section 49-246.

B. In addition to other applicable enforcement actions, if a person violates the conditions of a general permit, the director may revoke the general permit for that person and require that the person obtain an individual permit. A general permit may be revoked, modified or suspended at any time by the director if necessary to comply with this chapter.

C. Rules establishing a general permit program shall include terms and conditions to ensure that all discharges and facilities will meet the requirements of this chapter and shall provide for the collective or individual revocation of the general permit if necessary to ensure compliance with this chapter.

D. Rules adopted pursuant to this section may require a person who owns or operates a facility seeking coverage under a general permit to notify the director of the person's intent to operate the facility pursuant to the general permit, apply for coverage under the general permit and pay the applicable fee required pursuant to section 49-203.

E. Until revised rules that are proposed after December 31, 2024 are effective, and only for on-site wastewater treatment facilities with a design flow of three thousand gallons per day or more, an on-site wastewater treatment facility with a design flow of three thousand gallons per day or more but less than seventy-five thousand gallons per day may discharge under a general permit if the on-site wastewater treatment facility complies with existing general permit rules, is installed by an installer that is certified by the technology manufacturer and is operated by a service provider that is certified by the technology manufacturer. The director shall include an addendum to the general permit authorization that requires on-site wastewater treatment facilities to conduct maintenance, monitoring, recordkeeping and reporting in addition to the requirements of the general permit.

F. For an on-site wastewater treatment facility with a design flow of fifty thousand gallons per day or more or for a site with multiple on-site wastewater treatment facilities with a collective design flow of fifty thousand gallons per day or more, the director may require the facility by an addendum to the general permit authorization to provide adequate financial assurance.

G. The director shall establish fees for general permits issued pursuant to subsections E, F and I of this section. The department shall deposit the fees, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.  Fees adopted pursuant to this section are exempt from the requirements of title 41, chapter 6.

H. Not later than one hundred and eighty days after the effective date of revised general permit program rules that are proposed after September 26, 2025, a permittee prescribed by subsection E, F or I of this section shall initiate a transition of the permittee's facility consistent with the revised general permit program.  The director may not require any design modifications or fees that are associated with this transaction.

I. Not later than January 1, 2026, the director shall issue a general permit that authorizes a liquid effluent collection system that meets the following requirements:

1. The system complies with subsection A of this section.

2. The system is designed as a septic tank effluent pump system or a septic tank effluent gravity system, which may include septic tanks, collection systems, secondary treatment, disposal systems and appurtenances.

3. The system, including all components, septic tanks, collection system, secondary treatment disposal system and appurtenance, is owned or operated by a single person.

J. For the purposes of this section:

1. "Liquid effluent collection system" means a collection of lines that convey liquid effluent from multiple septic tanks, as primary treated wastewater, to a common secondary treatment system or common dispersal area through a small diameter pumping system or gravity system.

2. "Septic tank effluent gravity system" means a collection system that uses septic tanks to separate solids and allow gravity flow of effluent to a subsequent component.

3. "Septic tank effluent pump system" means a collection system that uses a septic tank to separate solids and incorporates a pump vault, pump and associated devices to convey effluent under pressure to a subsequent component.