Current through Register Vol. 48, No. 38, September 20, 2024
A POTW pretreatment program must be based on the following
legal authority and include the following procedures, and these authorities and
procedures must at all times be fully and effectively exercised and
implemented:
a) Legal Authority. The
POTW must operate pursuant to legal authority enforceable in federal, State, or
local courts, which authorizes or enables the POTW to apply and enforce the
requirements of this Part and 35 Ill. Adm. Code 307. Such authority may be
contained in a statute, ordinance, or series of joint powers agreements that
the POTW is authorized to enact, enter into or implement, and which are
authorized by State law. At a minimum, this legal authority must enable the
POTW to:
1) Deny or condition new or increased
contributions of pollutants, or changes in the nature of pollutants, to the
POTW by industrial users if those contributions do not meet applicable
pretreatment standards and requirements or would cause the POTW to violate its
NPDES permit;
2) Require compliance
with applicable pretreatment standards and requirements by industrial
users;
3) Control, through
ordinance, permit, order, or similar means, the contribution to the POTW by
each industrial user to ensure compliance with applicable pretreatment
standards and requirements, and for each significant industrial user, as
defined at Section 310.110, this control must be
achieved through individual permits or equivalent individual control mechanisms
issued to each such user except as follows:
A)
At the discretion of the POTW, this control may include using general control
mechanisms if the conditions of subsection (g) are met.
BOARD NOTE: Subsection (g) is derived from
40 CFR
403.8(f)(1)(iii)(A)(1)(i) through
(f)(1)(iii)(A)(2), as added at 70 Fed. Reg.
60134 (Oct. 14, 2005), which would normally appear at this subsection
(a)(3)(A), but which the Board moved to subsection (g) to comply with Illinois
Administrative Code codification requirements.
B) All individual control mechanisms and
general control mechanisms must be enforceable and contain, at a minimum, the
following conditions:
i) A statement of
duration (in no case more than five years);
ii) A statement of non-transferability
without, at a minimum, prior notification to the POTW and provision of a copy
of the existing control mechanism to the new owner or operator;
iii) Effluent limits, including best
management practices, based on applicable general pretreatment standards in
this Part and 35 Ill. Adm. Code 307, categorical pretreatment standards, local
limits, and local law;
iv)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements, including an identification of the pollutants to be monitored
(including the process for seeking a waiver for a pollutant neither present nor
expected to be present in the discharge in accordance with Section
310.605(b), or
a specific waived pollutant in the case of an individual control mechanism),
sampling location, sampling frequency, and sample type, based on the applicable
general pretreatment standards of this Part and 35 Ill. Adm. Code 307,
categorical pretreatment standards, local limits, and local law;
v) A statement of applicable civil and
criminal penalties for violation of pretreatment standards and requirements,
and any applicable compliance schedule; however, such schedules may not extend
the compliance date beyond applicable federal deadlines; and
vi) Requirements to control slug discharges,
if such are determined by the POTW to be necessary;
4) Require the following:
A) The development of a compliance schedule
by each industrial user for the installation of technology required to meet
applicable pretreatment standards and requirements; and
B) The submission of all notices and
self-monitoring reports from industrial users necessary to assess and assure
compliance by industrial users with pretreatment standards and requirements,
including the reports required in Subpart F;
5) Carry out all inspection, surveillance,
and monitoring procedures necessary to determine, independent of information
supplied by industrial users, compliance or noncompliance with applicable
pretreatment standards and requirements by industrial users. Representatives of
the POTW must be authorized to enter any premises of any industrial user in
which a discharge source or treatment system is located or in which records are
required to be kept under Section
310.634 to assure compliance
with pretreatment standards. Such authority must be at least as extensive as
the authority provided under section 308 of the federal CWA (33 U.S.C.
1318), incorporated by reference in Section
310.107(c);
6) Obtain remedies for noncompliance by any
industrial user with any pretreatment standard or requirement.
A) All POTWs must be able to seek injunctive
relief for noncompliance by industrial users with pretreatment standards or
requirements. All POTWs must also have the authority to seek or assess civil or
criminal penalties in at least the amount of $1,000 a day for each violation by
industrial users of pretreatment standards and requirements.
B) Pretreatment requirements that will be
enforced through the remedies set forth in subsection (a)(6)(A) will include
but not be limited to: the duty to allow or carry out inspections, entry, or
monitoring activities; any rules, regulations, or orders issued by the POTW;
any requirements set forth in control mechanisms issued by the POTW; or any
reporting requirements imposed by the POTW, this Part or 35 Ill. Adm. Code 307.
The POTW must have authority and procedures (after notice to the industrial
user) immediately and effectively to halt or prevent any discharge of
pollutants to the POTW that reasonably appears to present an imminent
endangerment to the health or welfare of persons. The POTW must also have
authority and procedures (which must include notice to the affected industrial
users and an opportunity to respond) to halt or prevent any discharge to the
POTW that presents or may present an endangerment to the environment or which
threatens to interfere with the operation of the POTW. The Agency must have
authority to seek judicial relief when the POTW has sought a monetary penalty
that the Agency finds to be insufficient; and
7) Comply with the confidentiality
requirements set forth in Section
310.105.
b) Procedures. The POTW must develop and
implement procedures to ensure compliance with the requirements of a
pretreatment program. At a minimum, these procedures must enable the POTW to do
the following:
1) Identify and locate all
possible industrial users that might be subject to the POTW pretreatment
program. Any compilation, index, or inventory of industrial users made under
this subsection (b)(1) must be made available to the Agency upon
request;
2) Identify the character
and volume of pollutants contributed to the POTW by the industrial users
identified under subsection (b)(1). This information must be made available to
the Agency upon request;
3) Notify
industrial users identified under subsection (b)(1) of applicable pretreatment
standards and any applicable requirements under sections 204(b) and 405 of the
federal CWA (33 U.S.C.
1284(b) and
1345) and Subtitles C and D of the
federal Resource Conservation and Recovery Act (42 U.S.C. 6921-6939e
and 6941-6949a), each incorporated by
reference in Section 310.107. Within 30 days after approval, pursuant to
subsection (f), of a list of significant industrial users, notify each
significant industrial user of its status as such and of all requirements
applicable to it as a result of such status;
4) Receive and analyze self-monitoring
reports and other notices submitted by industrial users in accordance with the
self-monitoring requirements in Subpart D;
5) Randomly sample and analyze the effluent
from industrial users and conduct surveillance and inspection activities to
identify, independent of information supplies by industrial users, occasional
and continuing noncompliance with pretreatment standards. Inspect and sample
the effluent from each significant industrial user at least once a year, except
as otherwise specified in subsections (b)(5)(A) through (b)(5)(C):
A) If the POTW has authorized the industrial
user subject to a categorical pretreatment standard to forego sampling of a
pollutant regulated by a categorical pretreatment standard in accordance with
Section 310.605(c), the
POTW must sample for the waived pollutants at least once during the term of the
categorical industrial user's control mechanism. If the POTW subsequently
determines that a waived pollutant is present or is expected to be present in
the industrial user's wastewater based on changes that occur in the industrial
user's operations, the POTW must immediately begin at least annual effluent
monitoring of the industrial user's discharge and inspection.
B) If the POTW has determined that an
industrial user meets the criteria for classification as a non-significant
categorical industrial user, the POTW must evaluate at least once per year
whether an industrial user continues to meet the definition of significant
industrial user in Section 310.110.
C) In the case of industrial users subject to
reduced reporting requirements under Section
310.605(c), the
POTW must randomly sample and analyze the effluent from the industrial user and
conduct inspections at least once every two years. If the industrial user no
longer meets the conditions for reduced reporting in Section
310.605(c), the
POTW must immediately begin sampling and inspecting the industrial user at
least once a year.
6)
Evaluate whether each such significant industrial user needs a plan or other
action to control slug discharges. For industrial users identified as
significant prior to November 14, 2005, this evaluation must have been
conducted at least once by October 14, 2006; an additional significant
industrial user must be evaluated within one year after being designated a
significant industrial user. For this subsection (b)(6), a slug discharge is
any discharge of a non-routine, episodic nature, including an accidental spill
or a non-customary batch discharge, which has a reasonable potential to cause
interference or pass through, or in any other way violate the POTW's
regulations, local limits or permit conditions. The results of such activities
must be available to the Approval Authority upon request. Significant
industrial users are required to notify the POTW immediately of any changes at
its facility affecting potential for a slug discharge. If the POTW decides that
a slug control plan is needed, the plan must contain, at a minimum, the
following elements:
A) Description of
discharge practices, including non-routine batch discharges;
B) Description of stored chemicals;
C) Procedures for immediately notifying the
POTW of slug discharges, including any discharge that would violate a
prohibition under Section
310.202 with procedures for
follow-up written notification within five days;
D) If necessary, procedures to prevent
adverse impact from accidental spills, including inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site run-off, worker training, building of
containment structures or equipment, measures for containing toxic organic
pollutants (including solvents), or measures and equipment for emergency
response;
7) Investigate
instances of noncompliance with pretreatment standards and requirements, as
indicated in the reports and notices required under Subpart D or as indicated
by analysis, inspection, and surveillance activities described in subsection
(b)(5). Sample taking and analysis, and the collection of other information,
must be performed with sufficient care to produce evidence admissible in
enforcement proceedings or in judicial actions; and
8) Comply with the public participation
requirements of 40 CFR
25, incorporated by reference in Section
310.107, in the enforcement of pretreatment standards. These procedures must
include provision for providing, at least annually, public notification, in a
newspaper of general circulation in the jurisdictions served by the POTW of
industrial users that, at any time during the previous 12 months, were in
significant noncompliance with applicable pretreatment requirements. For this
provision, a significant industrial user (or any industrial user that violates
subsection (b)(8)(C), (b)(8)(D), or (b)(8)(H) is in significant noncompliance
if its violation meets one or more of the following criteria:
A) Chronic violations of wastewater discharge
limits, defined here as those in which 66 percent or more of all of the
measurements taken for the same pollutant parameter during a six-month period
exceed (by any magnitude) a numeric pretreatment standard or requirement,
including instantaneous limits as defined in Section 310.110;
B) "Technical review criteria" (TRC)
violations, which mean those violations in which 33 percent or more of all of
the measurements taken for the same pollutant parameter during a six-month
period equal or exceed the product of the numeric pretreatment standard or
requirement, including instantaneous limits as defined in Section 310.110,
multiplied by the applicable TRC (TRC =
1.4 for BOD, TSS, fats, oil, and
grease and 1.2 for all other pollutants,
except pH);
C) Any other violation
of a pretreatment standard or requirement as defined in Section
310.110 (daily maximum,
long-term average, instantaneous limit, or narrative standard) that the POTW
determines has caused, alone or in combination with other discharges,
interference, or pass through (including endangering the health of POTW
personnel or the general public);
D) Any discharge of a pollutant that has
caused imminent endangerment to human health, welfare, or the environment or
has resulted in the POTW's exercise of its emergency authority under subsection
(a)(6)(B) to halt or prevent such a discharge;
E) Failure to meet, within 90 days after the
schedule date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance;
F) Failure to provide, within 45 days after
the due date, required reports, such as baseline monitoring reports, 90-day
compliance reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
G)
Failure to accurately report noncompliance; or
H) Any other violation or group of
violations, which may include a violation of best management practices, that
the POTW determines will adversely affect the operation or implementation of
the local pretreatment program.
c) The POTW must have sufficient resources
and qualified personnel to carry the authorities and procedures described in
subsections (a) and (b).
d) Local
Limits. The POTW must develop local limits as required in Section
310.210 or demonstrate that they
are not necessary.
e) The POTW must
develop and implement an enforcement response plan. This plan must contain
detailed procedures indicating how a POTW will investigate and respond to
instances of industrial user noncompliance. The plan must, at a minimum, do the
following:
1) Describe how the POTW will
investigate instances of noncompliance;
2) Describe the types of escalating
enforcement responses the POTW will take in response to all anticipated types
of industrial user violations and the time periods within which responses will
take place;
3) Identify (by title)
the officials responsible for each type of response; and
4) Adequately reflect the POTW's primary
responsibility to enforce all applicable pretreatment requirements and
standards, as detailed in subsections (a) and (b).
f) The POTW must prepare and maintain a list
of its industrial users meeting the criteria in the first paragraph of the
definition of "significant industrial user" at Section 310.110. The list must
identify the criteria in the first paragraph of the definition of "significant
industrial user" at Section
310.110 applicable to each
industrial user and, if applicable, must also indicate whether the POTW has
determined pursuant to the second paragraph of that definition that the
industrial user should not be considered a significant industrial user. The
initial list must be submitted to the Approval Authority pursuant to Sections
310.521 through
310.533 as a non-substantial
program modification pursuant to Section
310.923. Any modification to the
list must be submitted to the Approval Authority pursuant to Section
310.612(a).
g) Alternative Use of General Control
Mechanisms
1) A POTW may use a single general
control mechanism that applies to several facilities in place of several
individual control mechanisms applicable to individual facilities. To use a
general control mechanism, the following must be true of all of the facilities
to be covered by the general control mechanism:
A) The covered facilities must all involve
the same or substantially similar types of operations;
B) The covered facilities must all discharge
the same types of wastes;
C) The
covered facilities must all require the same effluent limitations;
D) The covered facilities must all require
the same or similar monitoring; and
E) In the opinion of the POTW, the covered
facilities are more appropriately controlled under a general control mechanism
than under individual control mechanisms.
2) To be covered by the general control
mechanism, the significant industrial user must file a written request for
coverage that identifies its contact information, production processes, the
types of wastes generated, the location for monitoring all wastes covered by
the general control mechanism, any requests in accordance with Section
310.605(b) for
a monitoring waiver for a pollutant neither present nor expected to be present
in the discharge, and any other information the POTW deems appropriate. A
monitoring waiver for a pollutant neither present nor expected to be present in
the discharge is not effective in the general control mechanism until after the
POTW has provided written notice to the significant industrial user that such a
waiver request has been granted in accordance with Section
310.605(b). The
POTW must retain a copy of the general control mechanism, documentation to
support the POTW's determination that a specific significant industrial user
meets the criteria in subsections (a)(3)(i)(A) through (a)(3)(i)(E), and a copy
of the significant industrial user's written request for coverage for three
years after the expiration of the general control mechanism. A POTW may not
control a significant industrial user through a general control mechanism where
the facility is subject to production-based categorical pretreatment standards
or categorical pretreatment standards expressed as mass of pollutant discharged
per day or for a significant industrial user whose limits are based on the
combined wastestream formula or net/gross calculations (Sections
310.233 and
310.801).
BOARD NOTE: Subsection (g) is derived from
40 CFR
403.8(f)(1)(iii)(A)(1)(i) through
(f)(1)(iii)(A)(2), as added at 70 Fed. Reg.
60134 (Oct. 14, 2005). The Board moved the text of these subsections, which
would normally appear at subsection (a)(3)(A), to this subsection (g) to comply
with Illinois Administrative Code codification requirements.
BOARD NOTE: Derived from
40 CFR
403.8(f) (2005), as amended
at 70 Fed. Reg. 60134 (Oct. 14, 2005).