TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 351 PROCEDURES AND REQUIREMENTS FOR CONFLICT RESOLUTION IN REVISING WATER QUALITY MANAGEMENT PLANS
SECTION 351.103 APPLICABILITY


 

Section 351.103  Applicability

 

a)         These rules shall apply to the following revisions of WQM Plans:

 

1)         Amendments to population projections for the twenty-year planning period set forth in approved facilities plans that are greater than 10% for communities under 10,000 population or 5% for communities over 10,000 population;

 

2)         Amendments identifying new designated management agencies;

 

3)         Amendments terminating the status of designated management agencies for failure to implement the requirements of a WQM Plan;

 

4)         Amendments to Facility Planning Area boundaries;

 

5)         Amendments to include sewage treatment works not identified in a WQM Plan where a facility planning agency, designated management agency, or an areawide planning agency objects to the inclusion of the sewage treatment works within its boundaries.  If there is no objection the WQM Plan shall be amended by issuance of the National Pollutant Discharge Elimination System (NPDES) permit for the treatment works;

 

6)         Other amendments where a significant degree of public interest exists to warrant the use of the conflict resolution procedures set forth in these rules.  The provisions of Section 351.302 shall be considered in determining whether a significant degree of public interest exists.

 

b)         Unless the Director  of the Agency determines otherwise, these rules shall not apply to the following revisions of WQM Plans:

 

1)         Amendments to the state Continuing Planning Process (CPP) document;

 

2)         Revisions contained in the annual program plan developed pursuant to Section 106 of the Clean Water Act or to the State/USEPA agreement;

 

3)         Revisions which update information or which bring WQM Plans into conformity with applicable laws and regulations.