Frequently Asked Questions (FAQs)

Permits Branch - Water Division

Mo Shafii, Assistant Chief - (501) 682-0616


FAQs

Q. Where can I access information concerning NPDES permit applications?
 
A. Access to a list of NPDES permit applications.
Q. Where can I obtain a copy of the NPDES Permits?
 
A.

Searching for a permit

  1. Go to ADEQ Web Page at http://www.adeq.state.ar.us/home/pdssql/pds.asp
  2. Enter the permit number (for example ARR152090) in permit number box and click on search or other information
  3. Scroll down. You will see information in regard to the permit number you entered.
  4. Click on Permit number. You will see another page with the following information:
    • View permit
    • View Applications
    • View Technical
    • View Letters

  • If you want to see “NOI” then click on “View Applications”.
  • Click on “SW Construction Permit Notice of Intent”.
  • If you click on the AFIN number then you will see a summary page for the permit.
     
Q. Is there a current list of draft permits?
 
A.

Yes. A list of draft permits can be found on the ADEQ Web site on the Search Permits at Public Notice.

Q. Where can I obtain a copy of the Department’s water regulations?
 
A.

Electronic copies of all ADEQ water regulations, Regulations 2, 6, and 8, are available for downloading on the ADEQ Website Regulations Page. They are available in PDF File format.

Q. Can I operate without a permit?
 
A.

If you are required to have a permit and are operating wastewater treatment system without a permit, you may be subject to legal action. You should contact the Water Division’s Enforcement Branch and you must submit an application and all information required for permit evaluation.

Q. What documents do I initially submit to begin the process?
 
A.

The documents for new, renewals and major modifications of permits are listed below.
(Further explanations are outlined in the applicable instructions, available on the Permit Applications Forms & Instructions page of our Website.)

  • NPDES permit applications
  • An Area Map
  • USGS Map
  • Plot Plan
  • Process Description
  • Process Flow Diagram
  • The design Calculations
  • Wastewater Specifications
  • Disclosure Statement
     
Q. What happens when an application is submitted?
 
A.

The NPDES permit application goes through two processes of review, the administrative review and the technical review.

The administrative review determines that the permit application contains all required attachments and signatures. An applicant will be notified of what information is necessary for submission before a final decision can be reached on the application. If information missing is small, such as the plot plan is reduced too small, then a request is made by telephone to submit a clearer document and then the application is determined complete. However, if the application contains only a minimal amount of information, then a letter is mailed to the applicant describing the deficiencies.

If it is a new application, a renewal, or a major modification and has been determined complete, a public notice, with instructions for publication, is mailed to the applicant. This notice simply informs the public that the facility has submitted a permit application.

The technical review begins when an engineer is assigned the application to perform a detailed technical review of the permit application. If the application is lacking additional information to further review the application, the engineer will mail a letter to the applicant describing the deficiencies. When all information has been received and the engineer is satisfied, a draft permit is prepared.

Q. What can I do to expedite the permit application review process?
 
A.

A common cause for delay in the permit application review process is incomplete or missing forms and additional information (not requested in the application forms) necessary for permit evaluation. The following briefly identifies things you can do to expedite the permit application review process:

  1. Be clear with your requested change.
  2. Make sure all requested information is provided and all of the required application pages are submitted.
  3. Don't forget to sign and date the signature pages of the application and submit the originals.
  4. Include any necessary information such as design calculations, Material Safety Data Sheets (MSDS), modeling reports, PPS test data, etc.
  5. Give prompt feedback if your assigned engineer has requested additional information.
  6. Periodically call your assigned engineer and inquire about the status of your application
Q. What is the annual fee?
 
A.

See Regulation 9, Section 9.404

Q. What does an NPDES stand for?
 
A.

National Pollutant Discharge Elimination System.

Q. What is an NPDES permit?
 
A.

The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit will contain limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants.

Q. What is a point source?
 
A.

The term point source is also defined very broadly in the Clean Water Act. It means any discernible, confined and discrete conveyance, such as a pipe, ditch, channel, tunnel, conduit, discrete fissure, or container. It also includes vessels or other floating craft from which pollutants are or may be discharged. By law, the term "point source" also includes concentrated animal feeding operations, which are places where animals are confined and fed. By law, agricultural stormwater discharges and return flows from irrigated agriculture are not "point sources".

Q. What is a Water of the State?
 
A.

“Waters of the state” means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of the state.

Q. What is a Water of the United States?
 
A.

The term water of the United States" is also defined very broadly in the Clean Water Act and after 25 years of litigation. It means navigable waters, tributaries to navigable waters, interstate waters, the oceans out to 200 miles, and intrastate waters which are used: by interstate travelers for recreation or other purposes, as a source of fish or shellfish sold in interstate commerce, or for industrial purposes by industries engaged in interstate commerce.

Q. What is a pollutant?
 
A.

The term pollutant is defined very broadly in the Clean Water Act. It includes any type of industrial, municipal, and agricultural waste discharged into water. Some examples are dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste. By law, a pollutant is not sewage or discharges incidental to the normal operation of an Armed Forces vessel, or water, gas, or other material injected into an oil and gas production well.

Q. How do NPDES permits protect waters of the state?
 
A.

An NPDES permit will generally specify an acceptable level of a pollutant or pollutant parameter in a discharge (for example, a certain level of bacteria). The permittee may choose which technologies to use to achieve that level. Some permits, however, do contain certain generic 'best management practices' (such as installing a screen over the pipe to keep debris out of the waterway). NPDES permits make sure that a state's mandatory standards for clean water and the federal minimums are being met.

Q. Do I need an NPDES permit?
 
A.

It depends on where you discharge pollutants. If you discharge from a point source into the waters of the State, you need an NPDES permit. If you discharge pollutants into a municipal sanitary sewer system, you do not need an NPDES permit, but you should ask the municipality about their permit requirements. If you discharge pollutants into a municipal storm sewer system, you may need a permit depending on what you discharge. You should ask the NPDES permitting authority.

Q. Can the general public participate in NPDES permitting decisions?
 
A.

Yes. The NPDES administrative procedures require that the public be notified and allowed to comment on NPDES permit applications. When EPA authorizes a state to issue NPDES permits, EPA requires that the state provide the public with this same access. Local newspapers publish public notice of proposed permitting actions. The public will have at least thirty days to review the permit and make written comments about the permit conditions. The Arkansas Department of Environmental Quality in Little Rock contain the current applications and permits for review by the public. Additionally, these information may review on ADEQ web site at:  http://www.adeq.state.ar.us/water/branch_permits/general_permits/npdes/pnpermits/pnpermits.asp

Q. Where do I apply for a NPDES permit?
 
A.

NPDES permits are issued by Water Division of ADEQ. Please contact NPDES Section of Water Division at 501-682-0622 or visit our web site at:

http://www.adeq.state.ar.us/water/default.htm

Q. What Forms do I need to apply for a NPDES Permit?
 
A.

It depends on what type of wastewater you discharge. Please visit our web site at Permit Forms & Instructions

Q. Are there instructions to assist in completing a water permit application?
 
A.

Instructions are located with the application forms. Please contact our Small Business for more information.

Q. How are the conditions in NPDES permits enforced by the ADEQ?
 
A.

There are various methods used to monitor NPDES permit conditions. The permit will require the facility to sample its discharges and notify the state of these results. In addition, the permit will require the facility to notify the state regulatory agency when the facility determines it is not in compliance with the requirements of a permit. The state regulatory agency also will send inspectors to companies in order to determine if they are in compliance with the conditions imposed under their permits.

Federal laws provide the state regulatory agency with various methods of taking enforcement actions against violators of permit requirements. For example, the state regulatory agency may issue administrative orders which require facilities to correct violations and that assess monetary penalties. Equally important is how the general public can enforce permit conditions. The facility monitoring reports are public documents, and the general public can review them through the state agency.

Q. Is it legal to have wastewater coming out of a pipe into my local receiving water?
 
A.

As long as the wastewater being discharged is covered by and in compliance with an NPDES permit, there are enough controls in place to make sure the discharge is safe and that humans and aquatic life are being protected. To find out if a discharge is covered by an NPDES permit, call the NPDES Section at 501-682-0622 or visit the ADEQ web site at ADEQ - Water Div - Permits Branch.

Q. How long are NPDES permits effective?
 
A.

The Clean Water Act limits the length of NPDES permits to five years. NPDES permits can be renewed (reissued) at any time after the permit holder applies. In addition, NPDES permits can be administratively extended if the facility reapplies more than 180 days before the permit expires.

Q. How do I determine the “receiving waters” for my facility or site?
 
A.

Refer to www.topozone.com to obtain a map with nearby water bodies identified.

Q. How do I contact in regard to Drinking Water Regulation?
 
A.

Drinking water and septic tank are managed through Arkansas Department of Health and Human Services (ADHHS). If your place of business provides drinking water; if you’re planning new or improved drinking water or wastewater service through a septic tank for your facility, you may need a permit from ADHHS. Please visit the following web site for more information http://www.healthyarkansas.com/eng/index.html.

Q. How do I determine my facility’s Standard Industrial Classification (SIC) code?
 
A.

The SIC code system is maintained by the US Department of Labor, Occupational Safety & Health Administration (OSHA) and is available for searching at www.osha.gov/oshstats/sicser.html.

Q. Where do I send the DMRs?
 
A. Send the DMRs to:
  • Arkansas Department of Environmental Quality
  • Attention: Enforcement Section, Water Division
  • 5301 Northshore Drive
  • North Little Rock, AR 72118-5317
Q. Who do I contact in regard to 404 permits and wetland?
 
A.
Q. Who do I contact in regard to 401 certification?
 
A.

 501-682-0645

Q. Who do I contact in regard to Water Quality Management Plan (WQMP)?
 
A.
  • Mo Shafii
  • NPDES Section, Water Division
  • 5301 Northshore Drive
  • North Little Rock, AR 72118-5317
  • 501-682-0616
  • Email: shafii@adeq.state.ar.us
Q. Who do I contact in regard to Ground Water Protection Program?
 
A.
  • Roger Miller
  • NPDES Section, Water Division
  • 5301 Northshore Drive
  • North Little Rock, AR 72118-5317
  • (501) 682-0665
  • Email: millerr@adeq.state.ar.us
Q. Who do I contact in regard to Construction State Revolving Fund Loan Program?
 
A.

Arkansas Natural Resources Commission (ANRC) administers the wastewater State Revolving Fund Loan Program offering communities and sanitary districts low interest loans for the construction of wastewater treatment and collection system improvements. The Clean Water Act (CWA) Amendments of 1987 (Pub. L. 100-4) authorizes the CWRLF program to assist public wastewater systems to finance the cost of infrastructure needed to achieve and maintain compliance with CWA requirements and to protect public health. Arkansas ACA §15-5-900 et. al. created the Construction Assistance Revolving Loan Fund program. Should you have any questions regarding the CWSRF loan application process.

Q. What if I need an interpretation of a particular regulatory requirement?
 
A.
Q. I don’t see my question listed here.
 
A.

Please contact the following Section by e-mail or telephone:

Discharge Permits:  Mo Shafii  (501) 682-0616  shafii@adeq.state.ar.us
Stormwater Permits:  Mo Shafii  (501) 682-0616  shafii@adeq.state.ar.us
Pretreatment:  Mo Shafii  (501) 682-0616  shafii@adeq.state.ar.us
No Discharge Permit:  Mo Shafii  (501) 682-0616  shafii@adeq.state.ar.us
Enforcement:  Mo Shafii  (501) 682-0616  shafii@adeq.state.ar.us
File a Complaint:       
Water Quality:  Mary Barnett  (501) 682-0666  barnett@adeq.state.ar.us
Septic Tank:  Mo Shafii  (501) 682-0616  shafii@adeq.state.ar.us
401 Certificaiton:     (501) 682-0653 
404 Permit:     (501) 682-0653 
Ground Water Protection:  Roger Miller  (501) 682-0665  millerr@adeq.state.ar.us
Biomonitoring:  Sarah Clem  (501) 682-0663  clem@adeq.state.ar.us

Basic Wastewater Terminology

Activated Sludge

The term "activated sludge" refers to a brownish flocculent culture of organisms developed in aeration tanks under controlled conditions. It is also Sludge floc produced in raw or settled waste water by the growth of zoological bacteria and other organisms in the presence of dissolved oxygen. Activated sludge is normally brown in color.

Alkalinity

The capacity of water to neutralize acids, a property imparted by the water's content of carbonates, bicarbonates, hydroxides, and occasionally borates, silicates, and phosphates. Alkaline fluids have a pH value over 7

Anaerobic

A biological environment that is deficient in all forms of oxygen, especially molecular oxygen, nitrates and nitrites. The decomposition by microorganisms of waste organic matter in wastewater in the absence of dissolved oxygen is classed as anaerobic.

Anoxic

A biological environment that is deficient in molecular oxygen, but may contain chemically bound oxygen, such as nitrates and nitrites.

Bacteria

Bacteria are microscopic living organisms. They are a group of universally distributed, rigid, essentially unicellular, microscopic organisms lacking chlorophyll. They are characterized as spheroids, rod-like, or curved entities, but occasionally appearing as sheets, chains, or branched filaments.

Biochemical Oxygen Demand (BOD)

The BOD test is used to measure the strength of wastewater. The BOD of wastewater determines the milligrams per liter of oxygen required during stabilization of decomposable organic matter by aerobic bacteria action. Also, the total milligrams of oxygen required over a five-day test period to biologically assimilate the organic contaminants in one liter of wastewater maintained at 20 degrees Centigrade.

Bulking Sludge

A phenomenon that occurs in activated sludge plants whereby the sludge occupies excessive volumes and will not concentrate readily. This condition refers to a decrease in the ability of the sludge to settle and consequent loss over the settling tank weir. Bulking in activated sludge aeration tanks is caused mainly by excess suspended solids (SS) content. Sludge bulking in the final settling tank of an activated sludge plant may be caused by improper balance of the BOD load, SS concentration in the mixed liquor, or the amount of air used in aeration.

Chemical Oxygen Demand (COD)

The milligrams of oxygen required to chemically oxidize the organic contaminants in one liter of wastewater.

Composite Sample

To have significant meaning, samples for laboratory tests on wastewater should be representative of the wastewater. The best method of sampling is proportional composite sampling over several hours during the day. Composite samples are collected because the flow and characteristics of the wastewater are continually changing. A composite sample will give a representative analysis of the wastewater conditions.

Denitrification

A biological process by which nitrate is converted to nitrogen gas.

Digestion

The biological decomposition of organic matter in sludge resulting in partial gasification, liquefaction, and mineralization of putrescible and offensive solids.

Disinfection

The killing of pathogenic organisms is called disinfection.

Dissolved Oxygen (DO)

The oxygen dissolved in water, wastewater, or other liquid. DO is measured in milligrams per liter. If the DO of a sample of water is 2 mg/L, it means that there are 2lbs of oxygen in 1 mil lb of water.

Dissolved Solids

Solids that cannot be removed by filtering are dissolved solids.

Extended Aeration

A modification of the activated sludge process which provides for aerobic sludge digestion within the aeration system.

Floc

Clumps of bacteria and particles that have come together to form clusters, or small gelatinous masses. The floc mass in an activated sludge aeration tank generally consists of microorganisms.

Grease

In wastewater, a group of substances, including fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils, and certain other non-fatty materials.

Milligrams per Liter (mg/L)

A unit of concentration of water or wastewater constituent. It is 0.001 g of the constituent in 1000 ml of water. The unit parts per million is identical to milligrams per liter.

Mixed Liquor (ML)

The mixture of activated sludge, wastewater, and oxygen, wherein biological assimilation occurs.

Mixed Liquor Suspended Solids (MLSS)

The milligrams of suspended solids per liter of mixed liquor that are combustible at 550 degrees Centigrade. An estimate of the quantity of MLSS to be wasted from the aeration tank of an extended aeration plant may be determined by the rate of settling and centrifuge tests on the sludge solids.

Nitrification

The conversion of nitrogen matter into nitrates by bacteria.

Nitrogen

Nitrogen is present in wastewater in many forms: total Kjeldahl nitrogen, ammonia nitrogen, organic nitrogen.

Nitrogen Cycle

The cycle of life, death, and decay involving organic nitrogenous matter is known as the nitrogen cycle. In the nitrogen cycle ammonia is produced from proteins.

Orthophosphate

A simple compound of phosphorous and oxygen that is soluble in water.

Oxic

A biological environment which is aerobic

Polyphosphate

A large compound formed of several orthophosphate molecules connected by phosphate-storing microorganisms.

Raw Wastewater

Wastewater before it receives any treatment.

Reactor

A tank where a wastewater stream is mixed with bacterial sludge and biochemical reactions occur.

Return Sludge

Settled activated sludge returned to mix with incoming raw or primary settled wastewater. When the return sludge rate in the activated sludge process is too low, there will be insufficient organisms to meet the waste load entering the aerator.

Return Activated Sludge

Activated return sludge is normally returned continuously to the aeration tank. Recycling of activated sludge back to the aeration tank provides bacteria for incoming wastewater. It should be brown in color with no obnoxious odor and is often also returned in small portions to the primary settling tanks to aid sedimentation. Settled activated sludge is generally thinner than raw sludge. Some activated sludge will be wasted to prevent excessive solids build up.

Sludge Age

In the activated sludge process, a measure of the length of time a particle of suspended solids has been undergoing aeration, expressed in day. It is usually computed by dividing the weight of the suspended solids in the aeration tank by the weight of excess activated sludge discharged from the system per day.

Sludge Digestion

The purpose of sludge digestion is to separate the liquid from the solids to facilitate drying. The proper pH range for digested sludge is 6.8 - 7.2.

Sludge Index

Properly called sludge volume index (SVI). It is the volume in millimeters occupied by 1 g of activated sludge after settling of the aerated liquid for 30 minutes.

Sludge Reaeration

The continuous aeration of sludge after initial aeration for the purpose of improving or maintaining its condition.

Splitter Box

A division box that splits the incoming flow into two or more streams. A device for splitting and directing discharge from the head box to two separate points of application.

Wastewater

Domestic wastewater is 99.9% water and 0.1% solids. Fresh wastewater is usually slightly alkaline. If the pH of the raw wastewater is 8.0, it indicates that the sample is alkaline. If wastewater has a pH value of 6.5, it means that it is acid. Wastewater is said to be septic when it is undergoing decomposition.