MUNICIPAL NPDES Permit Program And Limits

The National Pollutant Discharge Elimination System (NPDES) permit program is authorized by Section 402 of the Clean Water Act. NPDES permits are issued by the State of Arkansas through the implementation of a memorandum of agreement with the U.S. Environmental Protection Agency. The purpose of the NPDES permit is to control the point source discharge of pollutants into the waters of the State such that the quality of the water of the State is maintained.

Municipal Wastewater Treatment Facilities may legally discharge treated wastewater into waters of the state of Arkansas. The facilities must first obtain a National Pollutant Discharge Elimination System Permit, also known as a NPDES Permit. Generally, a NPDES permit is developed in the following manner:

1. Identification of all pollutants known or believed to be present in the effluent. Review of all existing information in the application and the ADEQ files such as effluent quality data, current permit conditions, inspections, construction permits, and compliance status.
2. Determining applicability of EPA technology-based effluent guidelines (40 CFR Part 133).
3. Determining water quality-based effluent limits for pollutants required by EPA guidelines as well as any additional pollutants believed to be present in the effluent. Water quality- based effluent limits take into account characteristics of the receiving stream such as the low flow value and hardness of the stream at the point of discharge. The permit is drafted with the effluent limits based on either the technology-based limits or water quality-based effluent limits, whichever are more stringent.
4. The permit may contain a time schedule for the permittee to achieve compliance with effluent limits that were either not included in the previous permit or are more stringent than the effluent limits in the previous permit. This schedule of compliance is included in the permit only if it is determined that the permittee is unable to meet the limits at the time of permit issuance. If the permit applicant is a new facility or an existing facility that is recommencing its discharge, they are not allowed a schedule of compliance.

To obtain a Municipal NPDES Permit, an application package must be filed with the NPDES Section of ADEQ. New facilities must submit the appropriate application forms at least one hundred and eighty (180) days prior to the expected date of the first wastewater discharge. Existing facilities must submit the appropriate application forms at least one hundred and eighty (180) days prior to the expiration date of the existing NPDES Permit.