Title 18, Ch.9
G. Alternative design, installation, or operational features. When a person submits a Notice of Intent to Discharge, the person may request that the Department review and approve a feature of improved or alternative technology, design, setback, installation, or operation that differs from a general permit requirement in this Article.
1. The person shall make the request for an alternative feature of technology, design, installation, or operation on a form provided by the Department and include:
a. A description of the requested change;
b. A citation to the applicable design, installation, or operational requirement for which the change is being requested; and
c. Justification for the requested change, including any necessary supporting documentation.
2. The person shall submit the appropriate fee specified under 18 A.A.C. 14 for each requested change. For calculating the fee, a requested change that is applied multiple times in a similar manner throughout the facility is considered a single request if submitted for concurrent review.
3. The person shall provide sufficient information for the Department to determine that the change achieves equal or better performance compared with the general permit requirement, or addresses site or system conditions more satisfactorily than the requirements of this Article.
4. The Department shall review and may approve the request for change.
5. The Department shall deny the request for the change if the change adversely affects other permittees or causes or contributes to a violation of an Aquifer Water Quality Standard.
6. The Department shall deny the request for the change if the change:
a. Fails to achieve equal or better performance compared to the general permit requirement,
b. Fails to address site or system conditions more satisfactorily than the general permit requirement,
c. Is insufficiently justified based on the information provided in the submittal,
d. Requires excessive review time, research, or specialized expertise by the Department to act on the request, or
e. For any other justifiable cause.