Individual NPDES Permits Branch
FAQ’s 2.0
Contents
Where can I access information concerning NPDES permit applications?. 1
Where can I obtain a copy of the NPDES Permits?
Is there a current list of draft permits?
Where can I obtain a copy of the Division’s water regulations?
Can I operate without a permit?
What documents do I initially submit to begin the process?
What happens when an application is submitted?
What can I do to expedite the permit application review process?
What is a Water of the United States?
How do NPDES permits protect waters of the state?
Can the general public participate in NPDES permitting decisions?
Where do I apply for a NPDES permit?
What Forms do I need to apply for a NPDES Permit?
Are there instructions to assist in completing a water permit application?. 6
How are the conditions in NPDES permits enforced by the DEQ?
Is it legal to have wastewater coming out of a pipe into my local receiving water?
How long are NPDES permits effective?
How do I determine the “receiving waters” for my facility or site?
Who do I contact regarding Drinking Water Regulations?
How do I determine my facility’s Standard Industrial Classification (SIC) code?
Who do I contact regarding 404 permits and wetland?
Who do I contact regarding 401 certification?
Who do I contact regarding the Water Quality Management Plan (WQMP)?
Who do I contact regarding the Ground Water Protection Program?
Who do I contact regarding the Construction State Revolving Fund Loan Program?
What if I need an interpretation of a particular regulatory requirement?
I don’t see my question listed here.
Access to a list of NPDES permit application forms
Searching for a permit
1. Go to the DEQ Web Page at http://www.adeq.state.ar.us/home/pdssql/pds.aspx
2. Enter the permit number or other known information (for example: ARR152090) in the permit number box and click on search
3. Scroll down. You will see information regarding to the permit number you entered.
4. Click on the hyperlinked permit number. You will see another page with the following information:
o View Permit
o View Permit Information
o View Permit History (Construction, Modifications, & Discharge)
o Map this
· If you want to see the NOI, then click on “View Permit Information”.
· Click on “SW Construction Permit Notice of Intent”.
· If you click on the AFIN number then you will see a summary page for all permits under that AFIN.
Yes. A list of draft permits can be found on the DEQ Web site on the Draft Permits at Public Notice page.
Electronic copies of DEQ water regulations, Rules 2, 6, and 8, are available for downloading on the DEQ Website Regulations Page. They are available in PDF File format.
If you are required to have a permit and are operating wastewater treatment system without a permit, you may be subject to enforcement action. You should contact the Office of Water Quality’s Enforcement Branch and you must submit an application and all information required for permit evaluation.
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.)
· An Area Map
· USGS Map
· Plot Plan
· Process Description
· Process Flow Diagram
· The design Calculations
· Wastewater Specifications
· Disclosure Statement
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 the necessary information for submission before a final decision can be reached on the application. If the missing information is minor, such as a figure has been reduced too small to be readable, then a request is made by telephone to submit a more clear document and then the application is determined to be administratively 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 administratively complete, a public notice, with instructions regarding the 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 necessary to further review the application, the engineer will contact the applicant describing the deficiencies. When all necessary information has been received, a draft permit is prepared.
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.
4. Include any necessary information such as design calculations, Safety Data Sheets (SDS), modeling reports, PPS test data, etc.
5. Give prompt feedback if an engineer has requested additional information.
6. Periodically call and inquire about the status of your application
National Pollutant Discharge Elimination System.
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.
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".
“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.
The term “water of the United States" is also defined very broadly in the Clean Water Act. It means the territorial seas and traditional navigable waters; perennial and intermittent tributaries that contribute surface water flow to such waters; certain lakes, ponds, and impoundments of jurisdictional waters; and wetlands adjacent to other jurisdictional waters. See The Navigable Waters Protection Rule: Definition of “Waters of the United States” at the following link: https://www.epa.gov/sites/production/files/2020-01/documents/navigable_waters_protection_rule_prepbulication.pdf.
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.
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.
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 for information specific to your type of discharge and location.
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 Division of Environmental Quality in North Little Rock maintains the current applications and permits for review by the public. Additionally, this information may be reviewed on the DEQ web site at: https://www.adeq.state.ar.us/water/permits/drafts_pn.aspx
NPDES permits are issued by the Office of Water Quality of DEQ. Please contact the NPDES Section at 501-682-0622 or visit our web site at: http://www.adeq.state.ar.us/water/default.htm
It depends on what type of wastewater you discharge. Please visit our web site for Permit Forms & Instructions
Instructions are located within the application forms. If you need further assistance, please contact the Permits Branch of the Office of Water Quality at 501-682-0622.
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 facilities 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. Additionally, facility monitoring reports are public documents, and the general public can review them through the state agency.
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 DEQ web site at DEQ - Office of Water Quality - Water Permits.
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.
Refer to https://www.topozone.com/ to obtain a map with nearby water bodies identified.
Drinking water and septic tanks are managed through the Arkansas Department of Health (ADH). If your place of business provides drinking water or 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 ADH. Please visit the following web site for more information https://www.healthy.arkansas.gov/programs-services/topics/drinking-water.
The SIC code system is maintained by the US Department of Labor, Occupational Safety & Health Administration (OSHA) and is available for searching at https://www.osha.gov/data/sic-search.
40 CFR 127.11(a)(1) and 40 CFR 127.16(a) require that monitoring reports must be reported on a Discharge Monitoring Reports (DMR) and filed electronically. DEQ uses the NetDMR program for electronic reporting of DMR data. If you have any questions, please contact the DEQ Water Enforcement Branch at 501-682-0624 or visit the website https://www.adeq.state.ar.us/water/enforcement/compliance/netdmr.aspx.
You are encouraged to contact the Corps of Engineers for proposed work in waters in your area. Exemptions, nationwide, regional and individual permit requirements will be reviewed. By discussing all information prior to application submittal, your application will be processed more efficiently. For additional information or to apply for a permit, please contact:
U.S. Army Corps of Engineers
CESWL-RD
700 W. Capitol Ave.
Little Rock, AR 72203-3221
Phone: (501) 324-5295 Fax: (501) 324-6013
Please visit the website https://www.adeq.state.ar.us/water/planning/instream/. Acceptable methods of filing for an Individual 401 Water Quality Certification request with DEQ are eportal (preferred), by mail, and email to instreamactivity@adeq.state.ar.us. Some emails get filtered. If filing by email, please call 501-682-0040 to confirm submittal.
Please visit the website https://www.adeq.state.ar.us/water/planning/wqmp/
WQMP Assistance
Shane Byrum
501-682-0618
TMDL Information
Kristi Williams
501-683-1546
Joe Martin
Planning Branch, Office of Water Quality
5301 Northshore Drive
North Little Rock, AR 72118-5317
(501) 682-0660
Email: joe.martin@adeq.state.ar.us
The Arkansas Natural Resources Commission (ANRC), a Division of the Arkansas Department of Agriculture, 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, please contact the ANRC at 501-682-1611.
Contact:
Office of Chief Counsel
5301 Northshore Drive
North Little Rock, AR 72118-5317
(501) 682-0892
http://www.adeq.state.ar.us/legal/default.htm
Please contact the following Section by e-mail or telephone:
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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 s.u.
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.