Current through Register Vol. 49, No. 13, September 23, 2024
The POTW authority shall operate pursuant to legal authority
that authorizes or enables the POTW authority to apply and enforce the
requirements of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act
and any regulations implementing those sections. The authority may be contained
in a statute, ordinance, or series of contracts or joint powers agreements that
the POTW authority is authorized to enact, enter into, or implement and that
are authorized by state law. At a minimum, the legal authority shall enable the
POTW authority to:
A. deny or
condition new or increased contributions of pollutants, or changes in the
nature of pollutants, to the POTW by industrial users when the contributions do
not meet required pretreatment standards and requirements or when the
contributions would cause the POTW to violate its national pollutant discharge
elimination system permit;
B.
require compliance with required pretreatment standards and requirements by
industrial users;
C. control
contribution to the POTW by each industrial user to ensure compliance with
required pretreatment standards and requirements, through permit, order, or
similar means. In the case of significant industrial users, the control shall
be achieved through permits or equivalent individual control mechanisms issued
to each such industrial user, except as follows:
(1) at the discretion of the POTW, the
control may include use of general control mechanisms if the following
conditions are met. All of the facilities to be covered must:
(a) involve the same or substantially similar
types of operations;
(b) discharge
the same types of wastes;
(c)
require the same effluent limitations;
(d) require the same or similar monitoring;
and
(e) in the judgment of the
POTW, be 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 under part
7049.0570, subpart 3, 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 according to part
7049.0570, subpart 3. 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 subitem (1), and a copy of the 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 when 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 under part
7049.0350 or net/gross
calculations under part
7049.0480; and
(3) both individual and general control
mechanisms must be enforceable and contain, at a minimum, the following
conditions:
(a) a statement of duration,
which must be no more than five years;
(b) a statement of nontransferability
without, at a minimum, prior notification to the POTW authority and provision
of a copy of the existing control mechanism to the new owner or
operator;
(c) effluent limits,
including best management practices, based on applicable required pretreatment
standards in part
7049.0650;
(d) 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
according to part
7049.0570, subpart 3, or a
specific waived pollutant in the case of an individual control mechanism;
sampling location; sampling frequency; and sample type, based on the applicable
required pretreatment standards as specified in part
7049.0650;
(e) a statement of applicable civil and
criminal penalties for violation of required pretreatment standards and
requirements and any applicable compliance schedule. The schedules may not
extend the compliance date beyond applicable federal deadlines; and
(f) requirements to control slug discharges,
if determined by the POTW to be necessary;
D. require:
(1) the development of a compliance schedule
by each industrial user for the installation of technology required to meet
required pretreatment standards and requirements; and
(2) the submission of notices and
self-monitoring reports from industrial users as are necessary to assess and
ensure compliance by industrial users with required pretreatment standards and
requirements, including the reports required in parts
7049.0500 to
7049.0570;
E. carry out all inspection, surveillance,
and monitoring procedures necessary to determine, independent of information
supplied by industrial users, compliance or noncompliance with required
pretreatment standards and requirements by industrial users. Representatives of
the POTW authority shall be authorized to enter the premises of an industrial
user in which a discharge source or treatment system is located or in which
records are kept that are required under parts
7049.0500 to
7049.0590 to ensure compliance
with required pretreatment standards. The authority shall be at least as
extensive as the authority provided under section 308 of the Clean Water
Act;
F. obtain remedies for
noncompliance with required pretreatment standards and requirements by
industrial users as follows:
(1) all POTW
authorities shall have authority to seek injunctive relief for noncompliance
with required pretreatment standards and requirements by industrial users. POTW
authorities shall also have authority to seek or assess civil or criminal
penalties of at least $1,000 a day for each violation by industrial users of
required pretreatment standards and requirements;
(2) pretreatment requirements that may be
enforced through the remedies in subitem (1) include, but are not limited to,
the duty to allow or carry out inspections, entry, or monitoring activities;
any rules, regulations, or orders issued by the POTW authority; any
requirements in individual control mechanisms issued by the POTW authority; or
any reporting requirements imposed by the POTW authority or this
chapter;
(3) the POTW authority
shall have authority and procedures, after informal notice to the discharger,
to immediately and effectively 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 shall 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 that threatens to interfere with
the operation of the POTW; and
(4)
as provided in part
7049.0640, the agency has
authority to seek judicial relief and may also use administrative penalty
authority when the POTW authority has sought a monetary penalty that the agency
believes to be insufficient; and
G. comply with the confidentiality
requirements in part
7049.0160.
Statutory Authority: MS s
115.03
