Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
The definitions in this part apply to this chapter.
Subp. 2.
Agency.
"Agency" means the Minnesota Pollution Control Agency. Rights
and authorities of the agency may be exercised by any member of, employee of,
agent of, or consultant to the agency, when authorized by it, upon presentation
of credentials.
Subp. 3.
Best management practices or BMPs.
"Best management practices" or "BMPs" means schedules of
activities, prohibitions of practices, maintenance procedures, and other
management practices to implement the prohibitions listed in part
7049.0140. BMPs include, but are
not limited to, treatment requirements, operating procedures, and practices to
control plant site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw materials storage.
Subp. 4.
Categorical industrial
user.
"Categorical industrial user" means an industrial user that is
subject to national categorical pretreatment standards.
Subp. 5.
Categorical pretreatment
standards or national categorical pretreatment standards.
"Categorical pretreatment standards" or "national categorical
pretreatment standards" means the pretreatment standards from federal
regulations that are incorporated by reference in part
7049.0310.
Subp. 6.
Control authority.
"Control authority" means the following governmental entity
that has authority and responsibility to implement specific pretreatment
standards for a specific industrial user:
A. the receiving POTW authority is the
control authority for purposes of preventing interference or pass-through and
for implementing all local pretreatment prohibitions, limitations, or
requirements, including limitations required by this chapter; and
B. for the purpose of regulating industrial
users subject to the national categorical pretreatment standards, the control
authority is the receiving POTW authority if the receiving POTW authority has
been delegated pretreatment authority under parts
7049.0800 to
7049.1020. If the receiving POTW
authority has not been delegated authority under parts
7049.0800 to
7049.1020, the agency is the
control authority for the purpose of implementing national categorical
pretreatment standards. The POTW authority remains the control authority for
item A.
Subp. 7.
Federal delegated pretreatment program.
"Federal delegated pretreatment program" means a pretreatment
program administered by a POTW authority that meets the criteria in parts
7049.0800 to
7049.0870 and has been approved by
the agency under parts
7049.0880 to
7049.0960.
Subp. 8.
Indirect discharge or
discharge.
"Indirect discharge" or "discharge" means the introduction of
pollutants into a POTW, whether by sewer or other means.
Subp. 9.
Industrial user.
"Industrial user" means a nondomestic source of indirect
discharge.
Subp. 10.
Interference.
"Interference" means a discharge that, alone or in conjunction
with a discharge or discharges from other sources:
A. inhibits or disrupts a POTW plant, its
treatment processes or operations, or its sludge processes, use, or disposal;
and
B. is, therefore, a cause of a
violation, including an increase in the magnitude or duration of a violation,
of any permit or rule controlling, prohibiting, or limiting the release of
pollutants from the POTW plant into the environment.
Subp. 11.
New source.
A. "New source" means any building,
structure, facility, or installation from which there is or may be a discharge
of pollutants, the construction of which commenced after the publication of
proposed national categorical pretreatment standards under section 307(c) of
the Clean Water Act, United States Code, title 33, which will be applicable to
the source if the categorical standards are adopted according to that section,
provided that:
(1) the building, structure,
facility, or installation is constructed at a site at which no other source is
located;
(2) the building,
structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source;
or
(3) the production or wastewater
generating processes of the building, structure, facility, or installation are
substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the
extent to which the new facility is integrated with the existing plant and
engaged in the same general type of activity as the existing source shall be
considered.
B.
Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility, or installation meeting the criteria of item A,
subitem (2) or (3), but otherwise alters, replaces, or adds to existing process
or production equipment.
C.
Construction of a new source as defined in this part has commenced if the owner
or operator has undertaken any of the following:
(1) begun or caused to begin as part of a
continuous on-site construction program:
(a)
any placement, assembly, or installation of facilities or equipment;
or
(b) significant site preparation
work including, but not limited to, clearing, excavation, or removal of
existing buildings, structures, or facilities that is necessary for the
placement, assembly, or installation of new source facilities or equipment;
or
(2) entered into a
binding contractual obligation for the purchase of facilities or equipment that
are intended to be used in its operation within a reasonable time. Options to
purchase or contracts that can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies, do not
constitute a contractual obligation under this subpart.
Subp. 12.
Pass-through.
"Pass-through" means a discharge that exits a POTW plant into
waters of the state in quantities or concentrations that, alone or in
conjunction with a discharge or discharges from other sources, is a cause of
violating a requirement of any permit, rule, regulation, or ordinance
controlling, prohibiting, or limiting the release of pollutants from the POTW
plant into the environment, including an increase in the magnitude or duration
of a violation.
Subp. 13.
Pollutant of concern.
"Pollutant of concern" means a pollutant that is or may be
discharged by an industrial user to a POTW and that is, or reasonably should
be, of concern to the POTW on the basis that it may cause interference or
pass-through.
Subp. 14.
POTW authority.
"POTW authority" means the governmental authority that holds
the permit for a POTW plant.
Subp.
15.
POTW collection system.
"POTW collection system" means the sewers, pipes,
appurtenances, and other conveyances used to convey wastewater to a POTW plant.
This definition includes the physical plant and processes of the POTW
collection system and the personnel who operate and maintain the POTW
collection system.
Subp.
16.
POTW plant.
"POTW plant" means the treatment works that is owned by a
municipality, as defined in Minnesota Statutes, section
115.41. This
definition includes the physical plant and the physical, chemical, and
biological processes used in the storage, treatment, recycling, and reclamation
of municipal sewage and sewered industrial waste. This definition includes the
POTW collection system and the personnel who operate and maintain the POTW
plant.
Subp. 17.
Pretreatment.
"Pretreatment" means the reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater before or in lieu of discharging or otherwise
introducing pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical, or biological processes, process changes, or other
means, except as prohibited by part
7049.0300, subpart
4. Appropriate pretreatment
technology includes, but is not limited to, control equipment, such as
equalization tanks or facilities, for protection against surges or slug
discharges that might interfere with or otherwise be incompatible with the
receiving POTW. However, when process effluent limited by categorical
pretreatment standards is mixed with wastewater other than those generated by
processes limited by the same categorical pretreatment standard, the effluent
must meet, after pretreatment, the alternate limits for the combined effluent
calculated using the combined waste stream formula as provided in part
7049.0350.
Subp. 18.
Pretreatment
requirements.
"Pretreatment requirements" means any substantive or procedural
requirement related to pretreatment, other than a pretreatment standard,
imposed on an industrial user.
Subp.
19.
Pretreatment standard.
"Pretreatment standard" means any state or local law, rule, or
ordinance containing pollutant discharge limits or prohibitions, applicable to
discharges to a POTW. Pretreatment standard includes all standards or limits
contained in or required by this chapter. Where more than one standard or limit
applies, the most restrictive is controlling.
Subp. 20.
Publicly owned treatment
works or POTW.
"Publicly owned treatment works" or "POTW" means a treatment
works as defined in Minnesota Statutes, section
115.01, subdivision
21, that is owned by a state or municipality as defined by section 502(4) of
the Clean Water Act, United States Code, title 33, section 1362(4), and
Minnesota Statutes, section
115.41. This term
includes "POTW plant" and "POTW authority."
Subp. 21.
Receiving POTW.
"Receiving POTW" means the POTW that receives the wastewater
discharge from an industrial user.
Subp.
22.
Regulated process waste stream or regulated
process.
"Regulated process waste stream" or "regulated process" means a
wastewater stream or process that is subject to national categorical
pretreatment standards.
Subp.
23.
Required pretreatment standard.
"Required pretreatment standard" means a pretreatment standard
that a POTW is required to implement and enforce as set forth in part
7049.0650.
Subp. 24.
Significant industrial
user.
A. "Significant industrial user"
means an industrial user that:
(1)
contributes a process wastewater containing five percent or more of the flow or
load of any pollutant of concern to the receiving POTW;
(2) is designated by the agency or the
receiving POTW authority as significant on the basis that it has reasonable
potential to impact the receiving POTW plant, or violate required pretreatment
standards; or
(3) discharges 25,000
gallons per day or more of process wastewater, excluding sanitary, noncontact
cooling or boiler blowdown wastewater, to the receiving POTW.
B. An industrial user that meets
the criteria in item A may be designated "not significant" by the POTW
authority on the basis that it has no reasonable potential to impact the POTW
plant and has no reasonable potential to violate required pretreatment
standards.
C. An industrial user
that is subject to national categorical pretreatment standards shall also be
considered a significant industrial user by any POTW authority that operates a
federal delegated pretreatment program approved under parts
7049.0800 to
7049.1020, except as provided in
item D.
D. The POTW may determine
that an industrial user subject to national categorical pretreatment standards
is a nonsignificant categorical industrial user rather than a significant
industrial user on a finding that the industrial user never discharges more
than 100 gallons per day of total categorical wastewater, excluding sanitary,
noncontact cooling and boiler blowdown wastewater, unless specifically included
in the pretreatment standard, and the industrial user:
(1) prior to the control authority's finding,
has consistently complied with all applicable categorical pretreatment
standards and requirements;
(2)
annually submits the certification statement required in Code of Federal
Regulations, title 40, section
403.12(q),
together with any additional information necessary to support the certification
statement; and
(3) never discharges
any untreated concentrated wastewater.
Subp. 25.
Significant
noncompliance.
An industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
A. chronic violations of wastewater discharge
limits, defined in this part as those in which 66 percent or more of all of the
measurements taken during a six-month period exceed, by any magnitude, a
numeric pretreatment standard or requirement;
B. technical review criteria (TRC)
violations, defined in this part as those in which 33 percent or more of all of
the measurements for each pollutant parameter taken during a six-month period
equal or exceed the product of a numeric pretreatment standard or requirement
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 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 receiving POTW authority's exercise of its emergency
authority to halt or prevent such a discharge;
E. failure to meet, within 90 days after the
scheduled 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 authority determines will adversely affect the operation or
implementation of the local pretreatment program.
Subp. 26.
Slug discharge.
"Slug discharge" means a discharge of a nonroutine, episodic
nature, including, but not limited to, an accidental spill or a 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 individual control mechanism conditions.
Statutory Authority: MS s
115.03
