Sec. 3.
An approved POTW pretreatment program shall fully and
effectively exercise and implement the following requirements:
(1) The POTW must operate under legal
authority, enforceable in federal or state court, that authorizes or enables
the POTW to apply and enforce the requirements of Section 307(b) and 307(c) of
the Clean Water Act (
33 U.S.C.
1317(b) and
33 U.S.C.
1317(c) ), including
national pretreatment standards as well as applicable state pretreatment
standards and requirements described in 327 IAC 5-18. Such authority may be
contained in an ordinance, series of contracts, or joint power agreements, that
the POTW is authorized to enact, enter into, or implement, and that are
authorized by state law. At a minimum, this legal authority must enable the
POTW to do the following:
(A) Deny or
condition new or increased contributions of pollutants, or changes in the
nature of pollutants, to the POTW by industrial users where the contributions
do not meet applicable pretreatment standards and requirements.
(B) Require compliance with all applicable
pretreatment standards and requirements by industrial users.
(C) Control, through permit, order, or
similar means, the contribution of each industrial user to the POTW to ensure
compliance with all applicable pretreatment standards and requirements. In the
case of significant industrial users, this control must be achieved through
individual permits or equivalent individual control mechanisms issued to each
user, except as follows:
(i) At the
discretion of the POTW, this control may include use of general control
mechanisms if the following conditions are met. All of the facilities to be
covered shall:
(AA) involve the same or
substantially similar types of operations;
(BB) discharge the same types of
wastes;
(CC) require the same
effluent limitations;
(DD) require
the same or similar monitoring; and
(EE) be controlled under a general control
mechanism rather than under individual control mechanisms, if the POTW deems
more appropriate.
(ii)
To be covered by the general control mechanism, the significant industrial user
shall file a written request for coverage that identifies the following:
(AA) Its contact information.
(BB) Production processes.
(CC) The types of wastes generated.
(DD) The location for monitoring all wastes
covered by the general control mechanism.
(EE) Any requests in accordance with
40 CFR
403.12(e)(2) for a
monitoring waiver for a pollutant neither present nor expected to be present in
the discharge.
(FF) Any other
information the POTW deems appropriate.
(iii) 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
40 CFR
403.12(e)(2). The POTW must
retain:
(AA) a copy of the general control
mechanism;
(BB) documentation to
support the POTW's determination that a specific significant industrial user
meets the criteria in item (i)(AA) through (i)(EE); and
(CC) a copy of the industrial user's written
request for coverage; for three (3) 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 industrial users whose
limits are based on the combined waste stream formula or net/gross calculations
(
40 CFR
403.6(e) and
40 CFR
403.15 ).
(D) Both individual and general control
mechanisms, must be enforceable and contain, at a minimum, the following:
(i) A statement of duration, that may not be
more than five (5) years.
(ii) A
statement of nontransferability that requires, 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 327 IAC 5-18, categorical pretreatment
standards, local limits, and state and local law.
(iv) Self-monitoring, sampling, reporting,
notification, and record keeping 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
40 CFR
403.12(e)(2), 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 in 327 IAC 5-18, categorical pretreatment standards,
local limits, and state and local law.
(v) Statement of applicable, potential civil
and criminal penalties for violation of pretreatment standards and requirements
and any applicable compliance schedule. The schedules may not extend the
compliance date beyond applicable federal deadlines.
(vi) Requirements to control slug discharges,
if determined by the POTW to be necessary.
(E) 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 shall be authorized to enter any premises of any industrial user that
is the location of an effluent source or treatment system that is subject to
this article or to records that are required to be kept under
40 CFR
403.12(o). Such authority
shall be at least as extensive as the authority provided under Section 308 of
the Clean Water Act (
33 U.S.C.
1318 ).
(F) Secure remedies for noncompliance through
the following means:
(i) Obtain remedies for
noncompliance by an industrial user with any applicable pretreatment standard
or requirement, including injunctive relief and civil penalties as appropriate.
The POTW must also have authority to seek or assess civil or criminal penalties
in an amount of not less than one thousand dollars ($1,000) per day for each
violation by industrial users of pretreatment standards and
requirements.
(ii) Pretreatment
requirements, in addition to those specified in 327 IAC 5-18, that shall be
enforceable through the remedies described in item (i) shall include the
following:
(AA) The duty to allow or carry
out inspections, entry, or monitoring activities.
(BB) Any ordinances, rules, or orders issued
by the POTW.
(CC) Any requirements
set forth in individual control mechanisms issued by the POTW or the
pretreatment rules.
(DD) Any
reporting requirements imposed by the POTW or the pretreatment rules.
The commissioner shall have authority to seek judicial relief
and may also use administrative penalty authority when the POTW has sought a
monetary penalty that the commissioner believes to be insufficient.
(G) Have the
authority and procedures to give the following:
(i) Informal notice to the discharger and
then immediately and effectively halt or prevent any discharge of pollutants to
the POTW that may reasonably appear to present an imminent endangerment to the
health or welfare of any person.
(ii) Notice to the affected industrial users,
with an opportunity to respond, and then halt or prevent any discharge to the
POTW that:
(AA) threatens to interfere with
the operation of the POTW; or
(BB)
may present an endangerment to the environment.
(H) Comply with the confidentiality
requirements set forth in
40 CFR
403.14.
(2) The POTW shall have procedures to ensure
compliance with the requirements of an approved POTW pretreatment program. At a
minimum, these procedures must enable the POTW to do the following:
(A) Identify and locate all possible
industrial users that may be subject to the approved POTW pretreatment program.
Any:
(i) compilation;
(ii) index; or
(iii) inventory;
of industrial users made under this rule must be made
available to the commissioner upon request.
(B) Identify the character and volume of
pollutants contributed to the POTW by the industrial users identified under
clause (A). This information must be made available to the commissioner upon
request.
(C) Notify industrial
users identified under clause (A) of applicable pretreatment standards and any
applicable requirements under Sections 204(b) and 405 of the Clean Water Act (
33 U.S.C.
1284(b) and
33 U.S.C.
1345 ) and Subtitles C and D of RCRA (
42 U.S.C.
6921 and
42 U.S.C.
6941 ).
(D) Notify each significant industrial user
(SIU) of:
(i) its status as an SIU; and
(ii) the requirements that apply
as such;
within thirty (30) days after the commissioner approves the
list of SIUs as required by subdivision (6).
(E) Institute control measures to ensure
compliance with all applicable pretreatment standards and requirements. Control
measures include permits or administrative orders for the discharge of
pollutants into a POTW by industrial users.
(F) Receive and analyze self-monitoring
reports and other notices submitted by industrial users in accordance with
self-monitoring requirements in
327
IAC 5-16-5.
(G) Randomly sample and analyze the effluent
from industrial users and conduct surveillance and inspection activities in
order to identify, independent of information supplied by industrial users,
occasional and continuing noncompliance with pretreatment standards and
requirements.
(H) Inspect and
sample significant industrial users at least once a year except as follows:
(i) Where the POTW has authorized the
industrial user subject to a categorical pretreatment standard to forgo
sampling of a pollutant regulated by a categorical pretreatment standard in
accordance with
40 CFR
403.12(e)(3), the POTW shall
sample for the waived pollutant or pollutants at least once during the term of
the categorical industrial user's control mechanism. In the event that 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 shall immediately begin at least annual
effluent monitoring of the industrial user's discharge and
inspection.
(ii) Where the POTW has
determined that an industrial user meets the criteria for classification as a
nonsignificant categorical industrial user, the POTW shall evaluate, at least
once per year, whether an industrial user continues to meet the criteria in
40
CFR 403.3(v)(2).
(iii) In the case of industrial users subject
to reduced reporting requirements under
40 CFR
403.12(e)(3), the POTW shall
randomly sample and analyze the effluent from industrial users and conduct
inspections at least once every two (2) years. If the industrial user no longer
meets the conditions for reduced reporting in
40 CFR
403.12(e)(3), the POTW shall
immediately begin sampling and inspecting the industrial user at least once a
year.
(I) Evaluate and
document, whether each 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. Additional significant industrial users must be
evaluated within one (1) year of being designated a significant industrial
user. As used in this clause, "slug discharge" means any discharge of a
nonroutine, episodic nature, including, at a minimum, an accidental spill or
noncustomary 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 these
activities shall be made available to the regional administrator or
commissioner upon request. Significant industrial users shall 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
shall contain, at a minimum, the following:
(i) A description of discharge practices,
including nonroutine batch discharges.
(ii) A description of stored
chemicals.
(iii) Procedures for
immediately notifying the POTW of slug discharges, including any discharge that
would violate a prohibition under 327 IAC 5-18, with procedures for follow-up
written notification within five (5) days.
(iv) If necessary, procedures to prevent
adverse impact from accidental spills, including, but not limited to, the
following:
(AA) Inspection and maintenance of
storage areas.
(BB) Handling and
transfer of materials.
(CC) Loading
and unloading operations.
(DD)
Control of plant site runoff.
(EE)
Worker training.
(FF) Building of
containment structures or equipment.
(GG) Measures for containing toxic organic
pollutants including solvents.
(HH)
Measures and equipment necessary for response.
(J) Investigate instances of noncompliance
with pretreatment standards and requirements as indicated:
(i) in the reports and notices required under
327
IAC 5-16-5; or
(ii) by analysis, inspection, and
surveillance activities described in clause (F).
Sample taking and analysis and the collection of other
information shall be performed with sufficient care to produce evidence
admissible in enforcement proceedings or in judicial actions.
(K) Initiate and effectively
prosecute enforcement actions, where appropriate, against industrial users that
are violating applicable pretreatment standards or other pretreatment
requirements.
(L) Comply with the
public participation requirements of 40 CFR 25 in the enforcement of national
pretreatment standards. These procedures shall include provision for at least
annually providing public notification, in a newspaper or newspapers of general
circulation that provides meaningful public notice within the jurisdiction or
jurisdictions served by the POTW of industrial users that, at any time during
the previous twelve (12) months, were in significant noncompliance with
applicable pretreatment standards or other pretreatment requirements.
(3) The POTW must have sufficient
resources and qualified personnel to carry out the approved POTW pretreatment
program as described in subdivisions (1) and (2). However, conditional approval
of the POTW's pretreatment program may be requested under section 4(b) of this
rule pending acquisition of the required funding.
(4) The POTW must:
(A) develop local limits as required in
327 IAC
5-18-2(b) and
327 IAC
5-18-2(c); or
(B) demonstrate that they are not
necessary.
(5) The POTW
must develop and implement an enforcement response plan. This plan must contain
detailed procedures demonstrating how a POTW will investigate and respond to
instances of industrial user noncompliance. The plan must, at a minimum:
(A) describe how the POTW will investigate
instances of noncompliance;
(B)
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;
(C) identify, by title, the official
responsible for each type of response; and
(D) adequately reflect the POTW's primary
responsibility to enforce all applicable pretreatment standards and
requirements as detailed in subdivisions (1) and (2).
(6) The POTW shall prepare a list of its
industrial users meeting the criteria in
327 IAC
5-17-22. The list must:
(A) identify the criteria in
327 IAC
5-17-22(a) applicable to each
industrial user; and
(B) where
applicable, indicate whether the POTW has made a determination under
327 IAC
5-17-22(b) that the industrial user
should not be considered a significant industrial user.
This list, and any subsequent modifications thereto, must be
submitted to the commissioner as a nonsubstantial modification of the approved
POTW pretreatment program under
40 CFR
403.18(d).