32 C.F.R. Subpart C—Water Resources Management
Title 32 - National Defense
This chapter sets forth guidance and procedure for the DA implementation of the Federal Water Pollution Control Act of 1972 (FWPCA) (Pub. L. 92–500) and the water pollution control regulations promulgated by the U.S. Environmental Protection Agency, U.S. Coast Guard, U.S. Army Corps of Engineers and State and regional water pollution control authorities. Additional guidance regarding discharge of hazardous and toxic materials appears in subpart F of this part. The Department of Army goal is to conserve water resources and protect them from contamination by controlling all sources of pollutants in accordance with applicable Federal, State or regional standards and vigorously contribute to the attainment of the national goal of eliminating the discharge of pollutants by 1985. Inherent in this goal are the following objectives: (a) Identify, treat, monitor, control and dispose of all waterborne wastes produced by Army fixed and mobile facilities in accordance with published Federal, State and regional standards. (b) Conserve water resources used in the conduct of basic activities on all Army installations by instituting economy measures and by reuse when practicable. (c) Minimize soil erosion and attendant pollution caused by rapid and uncontrolled runoff into streams and rivers. (d) Provide drinking water that satisfies the potability standards published by the US Environmental Protection Agency (EPA) as interpreted by The Surgeon General of the Army (see §650.57). (e) Comply with the provisions of the Federal Water Pollution Control Act (Pub. L. 92–500) by obtaining and complying with permits issued by EPA under the National Pollutant Discharge Elimination System (NPDES) and the Corps of Engineers for the discharge of dredged or fill material. (f) Comply with the provisions of the Marine Protection, Research and Sanctuaries Act of 1972 (Pub. L. 92–532) by obtaining and complying with permits issued by EPA for the discharge of any material other than dredged material into ocean waters and by the Corps of Engineers for the discharge of dredged material into ocean waters. (a) National Pollutant Discharge Elimination System (NPDES). The system for issuing and conditioning permits under a schedule of compliance and denying permits for the discharge of pollutants from point sources into the navigable waters, which is administered by the Administrator of the Environmental Protection Agency pursuant to sections 402 and 405 of Pub. L. 92–500. The following additional terms have the following meanings with respect to the NPDES program and the FWPCA: (1) Pollutant. 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 discharge into water. It does not mean “sewage from vessels.” (2) Point source. Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. (3) Discharge of a pollutant. Any addition of any pollutant to navigable waters from any point source. (4) Permit. Any permit or equivalent document or requirement issued by the Environmental Protection Agency to regulate the disposal of pollutants. (5) Schedule of compliance. A schedule of remedial measures including sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard. (6) Navigable waters. All navigable waters of the United States (33 CFR part 329); tributaries of navigable waters of the United States; interstate waters; intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce; and intrastate lakes, rivers, and streams which are utilized for industrial purposes by industries in interstate commerce. (b) Treatment works. Any facility, method or system for the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes of a liquid nature, including waste in combined storm water and sanitary sewer systems. (c) Material into ocean waters. Matter of any kind or description, but not limited to solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wrecked or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste. It does not mean oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge material and does not mean sewage from vessels including human body wastes and wastes from toilets and other receptacles intended to receive or retain body wastes. (d) Ocean waters. Those waters of the open seas lying seaward of the baseline from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639). (e) Dredged material. Any material excavated or dredged from navigable waters. (f) Fill material. Any material deposited or discharged into navigable waters which may result in creating fastlands or other planned elevations of lands beneath navigable waters of the United States. (g) Marine sanitation devices. The following definitions apply to Marine Sanitation Devices: (1) Marine sanitation device (MSD). Any equipment for installation in a vessel which is designated to receive, retain, treat or discharge sewage, and any process to treat sewage. Four types of marine sanitation devices are defined: (i) Type I. A “flow-through” MSD certified by a DOD Component or the US Coast Guard as being capable of producing an effluent with a fecal coliform bacterial count of not more than 1,000 per 100 milliliters and no visible floating solids. (ii) Type II. A “flow-through” MSD certified by a DOD Component or the US Coast Guard as being capable of producing an effluent with a fecal coliform baterial count of not more than 200 per 100 milliliters and total suspended solids of not more than 150 milligrams per liter. (iii) Type III-A. A “nonflow-through” MSD which is designed to treat and hold the treated sewage. This type would include reduced-flush devices which ultimately evaporate or incinerate the sewage to a sterile sludge or ash. (iv) Type III-B. A collection, holding, and transfer (CHT) system, consisting of: Drain piping, holding tanks, pumps, valves, connectors, and other equipment used to collect and hold shipboard sewage waste for subsequent transfer to a shore sewage system, sewage barge, or for overboard discharge in unrestricted waters. Also known as Type III-B MSD. (2) Flow-through device. Any marine sanitation device (Type I or Type II) which discharges treated sewage waste overboard. (3) Nonflow-through device. Any marine sanitation device (Type III) which collects, holds and/or treats sewage or holds the untreated or treated sewage onboard for disposal in legal areas or for transfer to proper shore facilities. This type includes those devices which collect, evaporate or incinerate the sewage to a sterile sludge or ash, as well as collection and holding systems. (4) Vessel. Every ship or watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States. (5) Vessels owned and/or operated by the US Army. Those vessels owned by or bareboat chartered to the US Army. (6) New vessel. Any vessel on which first construction was initiated on or after April 1, 1976. (7) Existing vessel. Any vessel on which first construction was initiated prior to April 1, 1976. (8) Sewage. Human body wastes and wastes from toilets or other receptacles intended to receive human body wastes. (9) Discharge. Includes, but is not limited to, any spillings, leaking, pumping, pouring, emitting, emptying, or dumping. (10) Fresh water lakes, reservoirs, and impoundments. Fresh water bodies whose inlets or outlets prevent the ingress or egress of vessels subject to this regulation; rivers not capable of interstate navigation by vessels subject to this regulation. It is the policy of the Army to: (a) Conserve all water resources. (b) Control or eliminate all sources of pollutants to navigable waters or ground-waters by on-post treatment of wastes by joining regional or municipal sewage treatment systems or by employing recycling processes. (c) Comply with applicable Federal, State and regional pollutant effluent limitation standards. (d) Demonstrate leadership in attaining the national goal of zero pollutant discharge. (e) Provide drinking water that satisfies the potability standards published by the Public Health Service/EPA as interpreted by The Surgeon General of the Army (TSG) (§650.57). (f) Cooperate with Federal, State and regional authorities in the formulation and execution of water pollution control plans. (g) Comply with the requirements for permits for the discharge of pollutants into navigable waters (section 402 of the FWPCA and implementing regulations in 40 CFR part 125); the transportation of material (other than dredged material) for the purpose of dumping it in ocean waters (section 102 of the Marine Protection, Research and Sanctuaries Act of 1972 and implementing regulations in 40 CFR part 220); and for activities in or affecting navigable waters of the United States; and the discharge of dredged or fill material in navigable waters; and the ocean disposal of dredged material (sections 9 and 10 of the River and Harbor Act of 1899, section 404 of the FWPCA, and section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 and implementing regulations in 33 CFR part 324). (a) The Chief of Engineers will exercise Army staff responsibility for directing and coordinating the Army water pollution abatement program for both fixed and mobile facilities. Specifically the Chief of Engineers will— (1) Promulgate policy and regulations on water resources management which reflect Department of Defense guidance and pertinent provisions of water pollution control laws. (2) Develop long range policies on wastewater treatment to achieve the 1983 water quality objectives and 1985 goals of Pub. L. 92–500. (3) Manage the identification, reporting, engineering, design and construction of projects required to control and monitor discharges in accordance with applicable Federal, State and regional water quality standards. (4) Monitor water conservation practices for the purpose of identifying new potential uses for wastewater and methods for reducing water consumption. (5) Publish policies on the control and disposal of sewage, galley, bilge and marine engine wastes. (6) Provide guidance and direction to Army facilities in the preparation of applications for operating permits required by the FWPCA, Marine Protection, Research and Sanctuaries Act of 1972, and River and Harbor Act of 1899. (7) Monitor the status of all FWPCA and ocean dumping permits and reports submitted in accordance with permit provisions. (8) Coordinate the promulgation of new or revised water criteria and standards with TSC. (9) Monitor master plans, construction plans and activities, and natural resource conservation activities to control surface water runoff and minimize erosion. (10) Review and comment on NPDES and ocean dumping permits issued by EPA to Army installations. (b) The Surgeon General will— (1) Monitor health and welfare aspects of water and wastewater control criteria and standards promulgated by Federal and State agencies. (2) Establish and conduct water supply surveillance programs to ensure the maintenance of adequate potable water for Army installations. (3) Accumulate, evaluate and disseminate information on water pollution conditions that may adversely affect the health of man and animals. (4) Conduct field investigations and special studies to determine the effectiveness of wastewater treatment and recommend corrective measures when appropriate. (5) Provide technical consultation on the health, welfare, and environmental aspects of water and wastewater treatment programs and activities. (6) Coordinate the development of water and wastewater treatment standards, procedures, surveys and studies with the Chief of Engineers. (7) Review and comment on NPDES and ocean dumping permits issued by EPA to Army installations. (8) Assist the Chief of Engineers in the formulation of plans and design criteria for water monitoring systems. (9) Maintain a record of all FWPCA and ocean dumping permits issued to Army installations, perform a technical evaluation of FWPCA and ocean discharge monitoring reports received, and notify submitting installations of noted deficiencies. (10) Report semi-annually on the status of NPDES permits and NPDES discharge monitoring reports to the HQDA (DAEN-ZCE) Washington, DC 20310, (RCS-ENG 237). (c) Major Army commands (MA-COM) have the responsibility to ensure that they and their subordinate elements develop programs which will— (1) Identify, quantify, and report all sources of water pollution and take appropriate action to eliminate or reduce them to acceptable levels. This applies to all Army facilities to include all buildings, installation structures, land, utilities, equipment, aircraft, vessels and other vehicles and property controlled by or constructed or manufactured for the purpose of leasing to the Army. (2) Program and budget funds for remedial water pollution control projects to ensure compliance with applicable standards by statutory imposed dates. (3) Establish routine wastewater control monitoring programs to insure compliance with discharge limitations established by regulatory agencies and adherence to proper waste treatment operational procedure as specified in TM 5–665, TM 5–814–3, and TM 5–814–6. (4) Obtain permits from the appropriate EPA Regional Administrator for all discharges of pollutants from installations and activities into navigable waters as required by NPDES and for the transportation of materials for the purpose of dumping them into ocean waters and comply fully with the provisions of such permits. (5) Obtain permits from the appropriate District Engineer for all other actions in or affecting navigable waters of the United States, including the discharge of dredged or fill material in such waters, and for the transportation of dredged material for the purpose of dumping it in ocean waters. (6) Control the discharge of sewage and bilge waste from vessels in accordance with US Coast Guard, EPA, DOD or State regulations. (7) Control the runoff of surface waters to minimize soil erosion, downstream flooding and pollution of waterways by sediments and contaminants. (8) Conserve water resources by instituting regulatory measures where needed and by the judicious use of wastewater for consumptive purposes. (9) Provide all personnel with drinking water that meets the quality standards specified by The Surgeon General. (10) Commander, U.S. Army Materiel Development and Readiness Command will develop appropriate pollution control devices and retrofit vessels in the inventory required to meet specified standards. (a) Pub. L. 92–500; Federal Water Pollution Control Act Amendments of 1972 (84 Stat. 100, 33 U.S.C. 1163). (b) Pub. L. 92–532; Marine Protection, Research, and Sanctuaries Act of 1972. (c) Rivers and Harbors Act of 1899 (33 U.S.C. 401–413). (d) Executive Order 11752, “Prevention, Control and Abatement of Environmental Pollution at Federal Facilities,” December 17, 1973. (e) TB 55–1900–206–14, Control and Abatement of Pollution by Army Watercraft. (f) AR 56–9, Watercraft.
Title 32: National Defense
PART 650—ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200–1)
Subpart C—Water Resources Management
General
§ 650.51 Purpose.
§ 650.52 Goals and objectives.
§ 650.53 Explanation of terms.
§ 650.54 Policy.
§ 650.55 Responsibilities.
§ 650.56 Related publications.
Standards and Procedures
§ 650.57 Water supply standards.
Potable water supply standards must meet, as a minimum, the standards set by the U.S. Public Health Service (42 CFR 72.201–207)/EPA as interpreted by The Surgeon General of the Army (TB MED 229).
§ 650.58 Water quality standards.
(a) Under the provisions of Pub. L. 92–500 it is the responsibility of the States to establish water quality standards and formulate an overall plan for achieving and enforcing these water quality standards. These criteria are based on the quality of water necessary to achieve and maintain use classifications of water such as recreation, fish and wildlife propagation, public water supply, and industrial and agricultural uses. States are also required to establish effluent discharge limitations necessary to achieve and maintain the desired use classification. For Army installations, implementation and enforcement of the applicable federally or State developed effluent limitations, and water quality standards are accomplished by the regional headquarters of the Environmental Protection Agency through the National Pollutant Discharge Elimination System.
(b) The following effluent limitations are minimum standards which have been established pursuant to Pub. L. 92–500. More stringent effluent limitations may be established by the Administrator, EPA, to attain or maintain the water quality standards established by the State. Permissible effluent limitations, whether based on Federal or State water quality standards or on water quality criteria will be specified by the EPA Regional Administrator in the NPDES permit issued for each point of discharge.
§ 650.59 Effluent limitations.
(a) Domestic waste water effluents:
(1) As an interim limitation, all effluents from predominately domestic sources will be receiving the equivalent of secondary treatment as a minimum by July 1, 1977.
(2) By July 1, 1983, domestic wastewater limitations will be based on the best practicable waste treatment technology. Planning for 1983 discharge requirements will be clarified pending case by case evaluation of EPA criteria for 1983 which should be contained in NPDES permits to be issued in the 1977–1980 time frame. It may be assumed that the 1983 standards would require some form of advanced wastewater treatment, (i.e., phosphate, nitrate or carbonate removal; very low values of biochemical/chemical oxygen demand, suspended solids and fecal coliform bacteria; and minimal fluctuations in pH and temperature (/).
(b) Industrial wastewater effluents:
(1) As an interim limitation all effluents from existing industrial sources will be treated by processes employing the “best practicable control technology currently available” by July 1977. Guidelines and standards defining effluent limitations for best practicable control technology currently available are published under 40 CFR parts 401 through 447. At present only two industrial categories apply to Army activities; these are 40 CFR part 413, Electro, plating, and 40 CFR part 415, Inorganic Chemicals. EPA will publish regulations in the form of effluent limitations guidelines and standards of performance and pretreatment for ammunition production facilities at a later date. DAEN-ZCE will issue guidance as appropriate.
(2) By July 1, 1983, treatment of existing industrial wastewater effluents will employ the “best available technology economically achievable.” Effluent limitations based on the best available technology economically achievable have been defined and are published in previously mentioned 40 CFR parts 401 through 447.
(3) Effluent limitations for new sources are in most cases based on best available technology economically achievable and, therefore must necessarily meet the “1983 standards.” These effluent limitations are also published with the guidelines and standards in 40 CFR parts 401 through 447.
(c) Oil. The discharge of oil or effluents containing oil is limited by the quality determined to be harmful to the public health or welfare; or by applicable water quality standards; or by the amount which will cause a film or sheen upon a discoloration of the surface of the water or adjoining shorelines; or cause a sludge or emulsion to be deposited beneath the surface of the water or adjoining shorelines (40 CFR part 110 and subpart F of this part).
(d) Pretreatment Standards (40 CFR part 128). Nondomestic wastewater effluents from Army installations which are discharged to regional or municipal sewage treatment works must comply with the following limitations:
(1) Effluents will be treated sufficiently to remove wastes which: Would create a fire or explosion hazard, have pH lower than 5.0, would obstruct flow in sewers or interfere with proper operation of the works; or are introduced at an excessive flow or pollutant discharge rate likely to interfere with proper treatment.
(2) If the characteristics of the effluent qualify the Army installation as a “major contributing industry” and the effluent contains “incompatible pollutants” then the effluent will be pretreated prior to discharge, employing technology described in §650.59(b)(1), (2) or (3) depending on whether the effluent is from an existing or new source. Such pretreatment is necessary to prevent the discharge of any pollutant into regional or municipal treatment works which may interfere with, pass through or otherwise be incompatible with such works.
(e) Toxic and hazardous pollutants. The EPA determines and publishes a list of toxic and hazardous pollutants and issues effluent or dumping limitations for these substances. Limitations often include absolute prohibition against discharge. Both The Surgeon General and the Chief of Engineers will maintain a list of such pollutants for which effluent guidelines are issued or are pending and will monitor suspected toxic pollutants until a decision on the actual effects is made. The discharge of these toxic pollutants from all Army facilities will comply with the limitations set by the EPA. In all cases, the discharge of a suspected toxic pollutant will be strictly controlled or prohibited until a determination is made as to the potential dangers involved and effluent limitations are established by the EPA and The Surgeon General of the Army.
(1) Prohibited substances. The toxic pollutants which have been prohibited from effluent discharges are listed in 40 CFR part 129, EPA Regulations on Listing Toxic Pollutants. Other prohibited substances which may not be ocean dumped are listed in 40 CFR 227.21.
(2) Hazardous substances. The EPA listing of hazardous substances which are subject to strict effluent limitations will be addressed in 40 CFR part 116.
(f) Thermal pollution. Thermal discharges are subject to the best practicable and best available control technology requirements, as are other nondomestic pollutants. Thermal pollutant standards vary depending on temperature of the receiving water, the temperature and relative volume of the effluent, and effects such discharges will have regarding the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife in and on the receiving water. Therefore, cases which involve thermal pollution are highly individual and are generally limited to large sources of thermal pollution such as steam electric power plants (40 CFR part 423).
(g) Watercraft. Effluent limitations from watercraft are established by the US Coast Guard (33 CFR part 159), Department of Defense (DOD Dir 6050.4), EPA (40 CFR part 140) and the States. Department of the Army will comply with standards and procedures set by the Office, Secretary of Defense (DOD Dir 6050.4) and by TB 55–1900–206–14, Control and Abatement of Pollution by Army Watercraft.
(1) Nondomestic waste discharge limitations. Nondomestic waste (i.e., bilge, fuels, lubricants and other non-human wastes) discharges to navigable waters are prohibited (40 CFR part 110). Exempt from this prohibition are discharges of oil from properly functioning vessel engines, provided such normal discharges are not deemed harmful.
(2) Domestic waste discharge limitation. (i) EPA (40 CFR part 140), establishes Federal effluent limitation standards for the discharge of sewage from vessels. All vessels (ships, boats, and other watercraft) owned and operated by the US Army within the navigable waters of the United States, except those not equipped with installed toilet facilities, must be equipped to meet marine sanitation device (MSD) standards. Only those vessels scheduled to be decommissioned, inactivated, sold or otherwise disposed of by the end of FY 1981 are excluded from these provisions. In order to meet EPA standards, DARCOM will develop MSD certification testing, acceptance, operation and maintenance procedures for the Army based on guidance provided in paragraph VII, DOD Directive 6050.4. The following standards will apply:
(A) Marine sanitation devices will be designed and operated to prevent the overboard discharge of untreated or inadequately treated sewage or any waste derived from sewage, into the navigable waters of the United States, except as hereinafter provided.
(B) Any existing vessel equipped with a Type I MSD which was installed on or before April 1, 1976, or within 3 years thereafter, is in compliance so long as the device remains satisfactorily operable. Any existing vessel not equipped with any MSD on or before this date must install either a Type II or Type III MSD on or before April 1, 1981, except those vessels not equipped with installed toilet facilities.
(C) Any existing vessel equipped at any time with a Type II or Type III MSD and certified by either DARCOM or the US Coast Guard, is in compliance so long as the long device remains satisfactorily operable.
(D) All new vessels will be equipped only with a Type II or a Type III MSD certified by DARCOM or the US Coast Guard, on or before April 1, 1978, except those vessels not equipped with installed toilet facilities.
(E) Any vessel operating on a freshwater lake or impoundment will comply with the applicable EPA “no discharge” standard and regulations of the US Coast Guard, to include compliance schedules. If the vessel is equipped with any MSD, the device will be modified as necessary to preclude accidental discharge into such waters.
(F) Prior to the compliance dates stated above, more rigid or compelling standards which are imposed by State, regional or local jurisdictions may prevail. After compliance, a more rigid standard will not take effect sooner than April 1, 1981.
(G) Any “no discharge” standard will not apply until the Administrator, EPA, determines that adequate facilities for safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such waters to which the prohibition applies, or that the water quality requires a more stringent standard than that provided by 40 CFR part 140.
(H) Operators will not be exposed to hazardous chemicals or conditions during normal operation and maintenance of MSD's.
(ii) Because of the above standard, MSD's under development or procurement for new vessels or to replace existing equipment should be selected with “no discharge” as a possible parameter and that full consideration be given to systems based on holding tanks rather than actual treatment systems. DARCOM will ensure that appropriate Environmental Protection Control Reports (RCS DD-I&L(SA) 1383) on MSD retrofit costs are forwarded through channels to HQDA (DAEN-FEU) WASH, DC 20314 in accordance with chapter 10, this regulation.
(iii) MSD's will be so designed to preclude contamination of potable water supplies.
§ 650.60 Ocean dumping standards.
The Marine Protection, Research and Sanctuaries Act of 1972 (Pub. L. 92–532) and EPA prohibit the dumping of certain materials into ocean waters and controls the dumping of all other materials. Army controlled activities will comply with the regulations and standards set by this act and notify HQDA (DAEN-ZCE) WASH DC 20310 of all permit requests. (40 CFR parts 220 through 227 and 33 CFR 323.324).
§ 650.61 Activities in navigable waters.
The construction of any structure in or over any navigable water of the United States, the excavation from or depositing of material in such waters, or the accomplishment of any other work affecting the course, location, condition or capacity of such waters must have prior approval of the Chief of Engineers or his authorized representative. Authority for such work is provided by issuance of a permit. Policy, practice and procedures are contained in 33 CFR part 322.
§ 650.62 Storage of hazardous materials.
Storage facilities for materials which are hazardous to health, and for oils, gases, fuels or other materials capable of causing water pollution, to either surface or ground waters, if accidentally discharged, will be so located as to minimize or prevent such spillage. Measures necessary to entrap spillage, such as catchment areas, relief vessels, of entrapment dikes, will be installed so as to prevent and/or contain accidental pollution of water (subparts F and I of this part).
§ 650.63 Water supply treatment procedures.
Water supplies will be monitored and, where necessary, treated in accordance with AR 420–46, Water and Sewerage, TB MED 229; AR 115–21, Hydrologic Services for Military Purposes and AR 115–20, Field Water Supply.
§ 650.64 Water conservation.
(a) Reduce consumption. All uses of water will be periodically surveyed and action taken to reduce water consumption wherever possible. The design and construction of new facilities and processes will consider minimized consumption of water, in particular potable water, as a major parameter. Vegetation and landscaping will be selected for the particular climate and geographical location so as to minimize or eliminate the need for irrigation.
(b) Reuse-recycle. In addition to reducing initial water consumption, water conservation measures will include the reuse or recycling of wastewater whenever practicable. The design methodology for new or for modification of old facilities and processes will identify potential re-use or recycling of wastewater alternatives and such alternatives will be selected whenever it is determined economically competitive with “once through” processes. Examples include closed cycle cooling systems for power plants and the use of land based sewage treatment systems.
(c) Erosion Control. Operations will be scheduled and designed to reduce or eliminate the destruction of vegetation and other ground cover which prevents erosion and stream siltation. Siting of new facilities will consider topography and soil conditions to reduce construction in areas sensitive to erosion. Construction techniques and methods that minimize erosion will be identified in all construction contracts and design/construction specifications. Large parking lots, roof areas, aircraft facilities, and roads which result in rapid runoff will be minimized wherever practicable. Periodic surveys will be made to identify areas where erosion has occurred and action will be initiated to control further erosion such as planting vegetation; controlling and, where necessary, impounding stormwater from areas of rapid runoff.
§ 650.65 Minor industrial and municipal operations.
Wastewater discharge from minor industrial and municipal facilities such as wash racks, engine steam cleaning operations, water treatment plant backwash, swimming pool filter backwash, and other similar activities will be connected to the sanitary sewer wherever feasible. It should be noted that effluent from these activities not connected to sanitary sewers requires an NPDES discharge permit. To eliminate costly and difficult treatment and monitoring programs all possible efforts should be directed to connecting with the sanitary lines. At remote locations, a holding tank may be used which is sized to hold all drainage between pumpouts. After pumpout, the wastewater will be transported to another location for treatment and disposal. Other alternatives include onsite treatment which would require a discharge permit, or a closed cycle system which would treat and re-use the wastewater. In the latter case, if there were no discharges, a permit would not be required.
§ 650.66 NPDES permits.
The NPDES permit program (40 CFR part 125) requires that all discharges of pollutants from point sources into navigable waters, (§650.53(a)(6)), will be regulated by a discharge permit. This applies to domestic and industrial wastewater. The permit requirement does not extend to discharges from separate storm sewers except where the storm sewers receive industrial, municipal and agricultural wastes or runoff or where the storm runoff discharge has been identified by the Regional Administrator, the State water pollution control agency, or an interstate agency as a significant contributor of pollution. Also exempted are Army controlled properties (except when needed for public use) which are leased to contractors or others under authority of 10 U.S.C. 2657. It is the administrator of the lease who will monitor and institute corrective actions as necessary to insure that the leasee obtains and adheres to the NPDES permit.
(a) Permit application. When it is determined that an NPDES permit is required, permit applications will be requested from the applicable EPA Regional Office.
(b) Draft permits. A draft permit will be issued based on the permit application. The draft permit will contain effluent limitations necessary to meet water quality standards; compliance schedules identifying dates on when the effluent limitations will be met, monitoring programs identifying type of pollutant to be monitored, method of sampling and analysis, frequency of sampling; and method and frequency of reporting monitoring program results.
(c) Draft permit review. EPA is required to provide copies of the draft permit to the installation commander, the state, and the general public for review and comment. In general there will be not less than thirty (30) days in which to provide comment before the final permit is issued. MACOM's will provide copies of all NPDES permits (both draft and final) received from EPA to the U.S. Army Environmental Hygiene Agency, ATTN: HSE-EW, Aberdeen Proving Ground, MD 21010. USAEHA will accomplish: A technical review of each NPDES permit received, provide advice or assistance to the installation commander, through appropriate command channels establish liaison with the EPA, as necessary, to clarify and discuss permit conditions and provide written comment back to the permittee for subsequent passage of written comments to the appropriate EPA Regional Office. Installation commanders will report potential problems arising from the terms of the permits which could impact on the operational capability of the installation to the HQDA (DAEN-FEU) Washington, DC 20314 through appropriate command channels. In addition, the permits will contain instructions pertaining to reporting changes in quality or quantity of wastewater.
(d) Monitoring reports. The terms of the permit will, in general, require the monitoring of all wastewater discharges and a periodic report to the EPA Regional Administrator, National Pollutant Discharge Elimination System Discharge Monitoring Report (RCS EPA-1002). In order to determine the effectiveness of the treatment and monitoring programs, copies of all monitoring reports will be forwarded to the USAEHA, ATTN: HSE-EW Aberdeen Proving Ground, MD 21010. Reports are made in accordance with frequency prescribed by each NPDES permit on form EPA 3320–1 (10–72). Forms are available from appropriate EPA Regional Office. (See figure 9–1 and table 9–3 for location and addresses).
(e) Compliance schedules. (1) NPDES permits will contain a schedule of compliance with regard to any discharge which is not in compliance with applicable effluent standards and limitations, applicable water quality standards, and other applicable requirements. This schedule will be rigidly enforced. The terms of the permit will, in general, require that the permittee provide the EPA Regional Administrator with written notice of the permittee's compliance not later than 14 days following each interim date of compliance. Copies of this notice will be provided to the operating command and to USAEHA.
(2) In the event of noncompliance with the interim or final requirements, the permittee will immediately provide written notification to the EPA Regional Administrator with information copies to the appropriate operating command, USAEHA and DAEN-ZCE and where necessary, will request a revision to the compliance schedule following the procedure established under 40 CFR 125.23.
(f) Installations discharging to regional or municipal treatment works. Permits are not normally required for discharge of domestic wastewater to regional or municipal sewage treatment facilities. However, those installations which find that pretreatment prior to discharge is required may be required to file for a permit.
(g) Inspections. The EPA Regional Administrator may, under authority of 40 CFR 125.13 and 125.22, make site visits and inspections for the purpose of evaluating facilities prior to issuance of an NPDES permit and for the purpose of monitoring compliance with the terms of an issued permit.
(h) Cooperation with State and regional authorities. The EPA Regional Administrator, or his designated representative has full and legal authority to make site inspections of Army facilities. However, installation commanders will on the basis of reasonable, specific requests extend the same privileges to authorized state and regional pollution control authorities.
(i) Security restrictions. When representatives from Federal, State, or regional environmental pollution control agencies inspect facilities, examine operating records, and make tests to determine adherence to environmental performance specifications, security requirement must be met and the inspectors will be accompanied by either engineer or medical technical representatives designated by the appropriate major Army commander.
(j) Information requests. The EPA regional office is the responsible Federal agency regarding enforcement of all water pollution control requirements at Federal facilities in that region. Water pollution control information emanating from Federal facilities should go through the applicable EPA regional office. Therefore, requests for permit related information by state or regional authorities or by responsible members of the general public, should be directed to the applicable EPA regional office (subpart A of this part).
§ 650.67 Ocean dumping permits.
Permits for the dumping or discharge of materials into ocean waters, other than transportation of dredged material for purpose of dumping in ocean waters, are issued by the EPA. There are two types of permits, one which governs a general category of dumping and one which governs the dumping of special materials. The Administrator of EPA can issue general permits. The authority for issuing most special permits has been delegated to the EPA Regional Offices. Controls governing ocean dumping can be found in 40 CFR parts 220 through 227, “Regulations and Criteria, Transportation for Dumping, and Dumping of Material into Ocean Waters.” Most permits require information on the type of pollutant or effluent being discharged or dumped, its quantity and frequency and location of discharge. Permits require monitoring and documentation.
§ 650.68 Corps of Engineers permits.
The construction of any structure in or over a navigable water of the United States, the excavating from or depositing of dredged or fill material in such waters, the accomplishment of any other work affecting the course, condition, location, or capacity of such waters, the discharge of dredged or fill material in navigable waters, and the transportation of dredged material for the purpose of dumping it in ocean waters requires a permit from the Corps of Engineers and will be processed in accordance with 33 CFR 209.120. Application for this permit is made to the local District Engineer. Applications are available from Corps of Engineers District Offices and will be completed for all projects or activities not under the design and supervision of the Chief of Engineers.
§ 650.69 State permits.
(a) Cooperating with and providing information to State and regional authorities does not include making application for State permits of any kind nor obtaining a water quality certification from the State for any activity involving the discharge of a pollutant into navigable waters. Where information or data is to be provided a State authority on a prescribed registration form and authenticated, Army installation commanders will comply with all reasonable requests and forward same with a disclaimer that:
While Federal law does not require military installations to apply for State permits or obtain State water quality certifications, this installation is desirous of complying with the objectives of State and Federal pollution control programs. However, completion of this form is not to be construed as an application for permit. To the best of my knowledge, the information presented herein is correct.
Under unusual circumstances, when the installation commander considers it prudent to respond contrary to the above guidance, request for waiver will be submitted through appropriate command channels to HQDA (DAEN-ZCE) WASH DC 20310.
(b) In all cases, waiver request will include a legal opinion by the staff judge advocate of the installation concerned or of the next higher command having a staff judge advocate to insure legal sufficiency. Special attention should be given to questions involving registration of sources and compliance schedules to insure that the legal implications of such instruments are understood.
§ 650.70 Operator training and certification.
(a) Operators of water treatment works and sewage treatment works shall meet levels of proficiency consistent with operator certification requirements applicable to the State or region in which the facility is located. (AR 420–15, Certification of Utility Plant Operators and Personnel Performing Inspection and Testing of Vertical Lift Devices).
(b) Necessary training of water treatment works and sewage treatment works operators will be accomplished through programs sponsored by the State in which the facility is located. In the absence of such State or regional programs, training will be accomplished at qualified institutions designated by the MACOM.
§ 650.71 Waivers.
(a) No action which is contrary to the provisions contained in this subpart will be taken without first obtaining a waiver of the requirement from HQDA (DAEN-ZCE) WASH DC 20310.
(b) Waivers may be granted only if the President or the Administrator of EPA finds that the technology to implement such standards is not available or operation of the facilities in question is required for reasons of national security. Requests for such waivers will not be considered by HQDA unless it can be clearly and conclusively demonstrated that operation of the facilities in question and the proposed construction or modification meets the above criteria. Requests for waivers will be forwarded through command channels to HQDA (DAEN-ZCE) WASH DC 20310.
§ 650.72 Investigation of complaints.
Each operating commander will establish procedures to investigate water pollution complaints and allegations from individuals and water pollution control authorities. In the case of a legal action or potential legal action, the matter will be reported immediately through judge advocate general channels to HQDA (DAJA-RL) WASH DC 20310.
§ 650.73 Water Pollution Control Report—(RCS DD-I&L (SA) 1383).
(a) The water pollution control report portion of the Environmental Protection Control Report is designed to provide HQDA with data on a phased and coordinated plan for control and abatement of water pollution for submission to OSD and OMB; and for development of the five-year Army Environmental Program. Detailed instructions for preparing and submitting this report are provided in subpart J of this part.
(b) The report will cover all portions of the water pollution control program where expenditure of funds for corrective actions is required. This includes all fixed facilities, monitoring equipment, watercraft and other mobile facilities.
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