General Permit for the Discharge of Swimming Pool Wastewater to Waters of the State
Notice of Tentative Decision of Intent to Reissue a General Permit for the Discharge of Swimming Pool Wastewater to Waters of the State
1.0 Tentative Decision
The Commissioner of the Department of Energy and Environmental Protection (“Department” or “DEEP”) hereby gives notice of a tentative decision to reissue and administer the General Permit for the Discharge of Swimming Pool Wastewater (“Swimming Pool General Permit” or “General Permit”) under the authority of section 22a-430 of the Connecticut General Statutes authorizing both point source discharges to surface water and nonpoint source discharges to ground water.
2.0 Commissioner’s Findings
DEEP first issued the Swimming Pool General Permit on July 1, 1998, and the current General Permit expires on August 9, 2024. The purpose of this General Permit is to protect the waters of the State from discharges associated with swimming pool wastewater from public pools. “Swimming Pool Wastewaters” is defined in the General Permit as wastewater comprised of “Swimming pool maintenance wastewater”, “Swimming pool draining wastewater” and/or
”Swimming pool filtration backwash wastewater.”
In accordance with applicable federal and state law, the Commissioner has made a tentative decision that discharges in accordance with, and authorized under the Swimming Pool General Permit would not cause pollution of the waters of the State. The proposed General Permit, if reissued, contains effluent limits, best management practices, and permit conditions established in accordance with Section 22a-430 of the Regulations of Connecticut State Agencies necessary to protect the waters of the state.
Permittees are required to comply with all permit conditions and limitations of this General Permit. The General Permit is effective on the date it is issued by the Commissioner and expires 5 (five) years after the issuance date.
3.0 General Permit Regulatory Conditions
3.1 The General Permit authorizes the discharges of swimming pool wastewater to surface and ground waters of the state of Connecticut. Any discharge of water, substance or material into the waters of the state other than the ones specified in the General Permit are not authorized by this General Permit. Any person, owner, operator, SP1 & SP2 contractor, or municipality (“persons”) which initiates, creates, originates or maintains such a discharge is automatically covered and shall comply with the permit terms and conditions.
3.2 Proposed Administrative Changes
The proposed General Permit will no longer require the submittal of a registration form and permit coverage will be automatic, provided that persons discharging eligible wastewaters comply with all of the permit terms and conditions as specified in the General Permit. The Department is not requiring existing permittees authorized to discharge under the current General Permit to submit a new registration form to maintain permit coverage.
Additionally, the General Permit no longer requires “any person in the business of cleaning, draining or maintaining multiple public pools and/or private residential pools” to submit a contractor registration form and coverage under this General Permit will be automatic provided that persons discharging eligible wastewaters comply with all of the permit terms and conditions as specified in the General Permit.
This General Permit no longer authorizes discharge of swimming pool wastewater from a public pool to sanitary sewers. Authorization to discharge to a local Publicly Owned Treatment Works (POTW) shall be obtained under the Pretreatment Miscellaneous Industrial User or Significant Industrial User General permit.
3.3 Type of Treatment
The type or treatment required is varied and is dependent on disposal location. For any swimming pool constructed after July 1, 1998, located at a site served by sanitary sewer, the plumbing shall be constructed such that all discharges of swimming pool wastewater are directed to sanitary sewer, unless sanitary sewer is not available in the area. If a sanitary sewer is not available at the site, a subsurface disposal system dedicated to swimming pool wastewater is required. Discharge(s) of swimming pool wastewater to the ground surface (or land application) via a nonpoint discharge to groundwater shall only occur when a sanitary sewer or a subsurface disposal system are not available, nor can be constructed due to site limitations. A discharge of swimming pool wastewater to a surface water shall only occur when sanitary sewer is not available in the area, a subsurface disposal system is not available, and a discharge to ground surface is not practicable due to, but not limited to factors such as the site location and proximity to surface water. The Department encourages persons and municipalities that own and operate a public pool to make its best effort to connect to the sanitary sewer and limit discharges to surface or ground waters where adverse environmental impacts may occur. Discharges to storm drains are not authorized under this General Permit, unless specific written authorization from the owner is obtained.
3.4 Effluent Limitations & Best Management Practices
This General Permit contains effluent limitations to protect the water quality standards including numeric limits and narrative permit conditions. The General Permit prohibits the discharge of swimming pool wastewater that may cause or be considered toxic.
The General Permit requires the permittees to develop and maintain a Comprehensive Education and Training Program for all swimming pool personnel involved in pool maintenance. The program shall cover pool opening and closing procedures, maintenance procedures including but not limited to, filter backwashing, pool wall and bottom acid cleaning and/or pressure washing, periodic draining to maintain chemical balance or for sanitation purposes, chlorine or bromine testing, emergency procedures, and regulatory requirements. Persons must also develop and maintain onsite a Release Prevention Plan.
3.6 Prohibitions
The discharges of sanitary wastewater, including floor drains in bathrooms, showers, and equipment rooms, discharges of swimming pool wastewater comingled with other sanitary, or process wastewater are not authorized under the proposed General Permit.
4.0 Commissioners Authority
The Commissioner is authorized to issue this General Permit pursuant to sections 22a-430 and 22a-430b of the Connecticut General Statutes (CGS) and the Water Discharge Permit Regulations (section 22a-430-3 and 4 of the Regulations of Connecticut State Agencies). The Commissioner is authorized to require persons covered under this permit to obtain an individual permit pursuant to CGS section 22a-430b.
5.0 Public Comment
Interested persons may obtain a copy of this public notice, the proposed General Permit and the General Permit fact sheet on the DEEP website at www.ct.gov/deep/publicnotices. The General Permit materials are also available for inspection at the DEEP Bureau of Materials Management and Compliance Assurance, Water Permitting and Enforcement Division, 79 Elm Street, Hartford, CT from 8:30am – 4:30pm, Monday through Friday. Questions may be directed to Audra Dickson at audra.dickson@ct.gov
Prior to making a final decision on the proposed General Permit, the Commissioner shall consider written comments from interested persons that are received within thirty (30) days of this public notice. Written comments should be directed to: Audra Dickson, Water Permitting and Enforcement Division, Bureau of Materials Management and Compliance Assurance, Department of Energy and Environmental Protection, 79 Elm Street, Hartford, CT 061065127 or may be submitted via electronic mail to: Audra Dickson at audra.dickson@ct.gov. Electronic mail is recommended.
6.0 Petitions for Public Hearing
The Commissioner may conduct a public hearing if the Commissioner determines that the public interest will be best served thereby or shall hold a hearing upon receipt of a petition signed by at least twenty-five persons. Petitions should include the name of the general permit noted above also identify a contact person to receive notifications. Petitions may also identify a person who is authorized to engage in discussions regarding the proposed general permit and, if resolution is reached, withdraw the petition. Original signed petitions may be scanned and sent electronically to deep.adjudications@ct.gov or may be mailed or delivered to: DEEP Office of Adjudications, 79 Elm Street, 3rd floor, Hartford, CT 06106-5127. All petitions must be received within the comment period noted above. If submitted electronically, original signed petitions must also be mailed or delivered to the address above within ten days of electronic submittal. If a hearing is held, timely notice of such hearing will be published in a newspaper of general circulation.
/s/Emma Cimino
Deputy Commissioner
The Connecticut Department of Energy and Environmental Protection is an Affirmative Action and Equal Opportunity Employer that is committed to complying with the Americans with Disabilities Act. To request an accommodation contact us at 860-418-5910 or deep.accommodations@ct.gov.
Published in the Hartford Courant, Waterbury Republican- American, Connecticut Post, New Haven Register, New London Day and the Willimantic Chronicle on February 10, 2024.