PERMFILE48500

• Permit No: M2001001
• IBM Index Class Name: Permit File
• Doc Date: 3/21/2001
• Doc Name: STATEMENT OF ISSUES
• Media Type: D
• Archive: No

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instream toxicants due to past human point or nonpoint source
activities which could be removed by natural processes or by human efforts;
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er conditions which are correctable but for which time will be required to
implement measures to achieve compliance with the standard.
' (ii) where the standards cannot be met because the current imposition of the
necessary controls or corrective measures would result in a substantial and
' widespread economic and social impact. The application of this condition
requires a judgment by the Commission of what constitutes a substantial and
widespread impact warranting modification.
' (iii) where there is significant uncertainty regarding the appropriate long-term
underlying standard - e.g. due to the need for additional information
regarding the extent to which existing quality is the result of natural or
' irreversible human-induced conditions or regarding the level of water quality
necessary to protect current and/or future uses --and the adoption of a
temporary modification recognizes current conditions while providing an
' opportunity to remove the uncertainty.
(b) Eliminating the Need for A Temporary Modification
Regional wastewater management plans (208 plans) and plan updates, discharge
permits, wasteload allocations, planning, design, and construction of new enlarged,
or improved facilities, management practices, and other water quality controls and
' actions shall be geared toward fully attaining the classified use and underlying
numeric standard and assist in eliminating the need for the temporary modification.
Where a temporary modification is adopted pursuant to subsection 31.7(3)(a)(iii)
' above, the Commission may, where appropriate based upon the existence of a
plan to eliminate the uncertainty that is the basis for the temporary modification,
indicate its intent that the temporary modification be used in establishing any
applicable control requirements while it is in effect, due to the uncertainty that
warranted the adoption of the temporary modification.
' (c) Duration of a Temporary Modification
When a temporary modification is granted, the duration of the temporary
t modification will be set by the Commission. The duration of a temporary
modification shall be determined on a case-by-case basis, based upon how soon
attainment of the underlying standard is deemed feasible, taking into account the
permitting status of any point source discharges to the segment.
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In making a decision as to whether a temporary modification should be removed or
extended, the Commission will consider whether those individuals utilizing the
' temporary modification have agreed to an implementation plan for eliminating the
need for the temporary modification, whether such individuals have demonstrated
due diligence in trying to implement such a plan, the impact on the uses of the
' stream in the area of the temporary modification and upstream and downstream of
that area, and all other relevant factors.
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