Current through 2024-38, September 18, 2024
(a) Who approves Program. A POTW requesting
approval of a POTW Pretreatment Program shall develop a program description
which includes the information set forth in paragraphs (b)(1) through (4) of
this section. This description shall be submitted to the Approval Authority
which will make a determination on the request for program approval in
accordance with the procedures described in Section 11.
(b) Contents of POTW program submission. The
program description must contain the following information:
(1) A statement from the City Solicitor or a
city official acting in a comparable capacity (or the attorney for those POTWs
which have independent legal counsel) that the POTW has authority adequate to
carryout the programs described in Section 9. This statement shall:
(i) Identify the provision of the legal
authority under Section 9(f)(1) which provides the basis for each procedure
under Section 9(f)(2);
(ii)
Identify the manner in which the POTW will implement the program requirements
set forth in Section 9, including the means by which Pretreatment Standards
will be applied to individual Industrial Users (e.g., by order, permit,
ordinance, etc.); and,
(iii)
Identify how the POTW intends to ensure compliance with Pretreatment Standards
and Requirements, and to enforce them in the event of noncompliance by
Industrial Users;
(2) A
copy of any statutes, ordinances, regulations, agreements, or other authorities
relied upon by the POTW for its administration of the Program. This Submission
shall include a statement reflecting the endorsement or approval of the local
boards or bodies responsible for supervising and/or funding the POTW
Pretreatment Program if approved;
(3) A brief description (including
organization charts) of the POTW organization which will administer the
Pretreatment Program. If more than one agency is responsible for administration
of the Program the responsible agencies should be identified, their respective
responsibilities delineated, and their procedures for coordination set forth;
and
(4) A description of the
funding levels and full- and part-time manpower available to implement the
Program;
(c) Conditional
POTW program approval. The POTW may request conditional approval of the
Pretreatment Program pending the acquisition funding and personnel for certain
elements of the Program. The request for conditional approval must meet the
requirements set forth in paragraph (b) of this section except that the
requirements of paragraph(b) of this section, may be relaxed if the Submission
demonstrates that:
(1) A limited aspect of
the Program does not need to be implemented immediately;
(2) The POTW had adequate legal authority and
procedures to carryout those aspects of the Program which will not be
implemented immediately; and
(3)
Funding and personnel for the Program aspects to be implemented at a later date
will be available when needed. The POTW will describe in the Submission the
mechanism by which this funding will be acquired. Upon receipt of a request for
conditional approval, the Approval Authority will establish a fixed date for
the acquisition of the needed funding and personnel. If funding is not acquired
by this date, the conditional approval of the POTW Pretreatment Program and any
removal allowances granted to the POTW, may be modified or withdrawn.
(d) Content of removal allowance
submission. The request for authority to revise categorical Pretreatment
Standards must contain the information required in Section 8(d).
(e) Approval authority action. Any POTW
requesting POTW Pretreatment Program approval shall submit to the Approval
Authority three copies of the Submission described in paragraph (b), and if
appropriate, (d) of this section. Within 60 days after receiving the
Submission, The Approval Authority shall make a preliminary determination of
whether the Submission meets the requirements of paragraph (b) and, if
appropriate,(d) of this section. If the Approval Authority makes the
preliminary determination that the Submission meets these requirements, the
Approval Authority shall:
(1) Notify the POTW
that the Submission has been received and is under review; and
(2) Commence the public notice and evaluation
activities set forth in Section 11.
(f) Notification where submission is
defective. If, after review of the Submission as provided for in paragraph (e)
of this section, The Approval Authority determines that the Submission does not
comply with the requirements of paragraph (b) or (c) of this section, and,
inappropriate, paragraph (d), of this section, the Approval Authority shall
provide notice in writing to the applying POTW and each person who has
requested individual notice. This notification shall identify any defects in
the Submission and advise the POTW and each person who has requested individual
notice of the means by which the POTW can comply with the applicable
requirements of paragraphs (b), (c) of this section, and, if appropriate,
paragraph (d) of this section.
(g)
Consistency with water quality management plans.
(1) In order to be approved the POTW
Pretreatment Program shall be consistent with any approved water quality
management plan developed in accordance with 40 CFR parts 130, 131, as revised,
where such 208 plan includes Management Agency designations and addresses
pretreatment in a manner consistent with Chapter 528. In order to assure such
consistency the Approval Authority shall solicit the review and comment of the
appropriate 208Planning Agency during the public comment period provided for in
Section 11(b)(1)(ii) prior to approval or disapproval of the Program.
(2) Where no 208 plan has been approved or
where a plan has been approved but lacks Management Agency designations and/or
does not address pretreatment in a manner consistent with this regulation, The
Approval Authority shall nevertheless solicit the review and comment of the
appropriate 208 planning agency.
