Current through Register Vol. 48, No. 9, September 27, 2024
(a)
(1) Within 60 days from the date of
promulgation of any toxic pollutant effluent standard or prohibition, each
owner or operator with a discharge subject to that standard or prohibition must
notify the Department, of such discharge. Such notification shall include such
information and follow such procedures as the Department may require.
(2) Any owner or operator who does not have a
discharge subject to any toxic pollutant effluent standard at the time of such
promulgation but who thereafter commences or intends to commence any activity
which would result in such a discharge shall first notify the Department, in
the manner herein provided, at least 60 days prior to any such
discharge.
(b) Upon
receipt of any application for issuance or reissuance of a permit or for a
modification of an existing permit for a discharge subject to a toxic pollutant
effluent standard or prohibition, the permitting authority shall proceed
thereon in accordance with R.61-9.124 or R.61-9.125,
whichever is applicable.
(c)
(1) Every permit which contains limitations
based upon a toxic pollutant effluent standard or prohibition under this Part
is subject to revision following the completion of any proceeding revising such
toxic pollutant effluent standard or prohibition regardless of the duration
specified on the permit.
(2) For
purposes of this section, all toxic pollutants for which standards are set
under this Part are deemed to be injurious to human health within the meaning
of section402(k)(k) of the CWA, unless otherwise specified in the standard
established for any particular pollutant.
(d)
(1)
Upon the compliance date for any section307(a)(a) toxic pollutant effluent
standard or prohibition, each owner or operator of a discharge subject to such
standard or prohibition shall comply with such monitoring, sampling, recording,
and reporting conditions as the Department may require for that discharge.
Notice of such conditions shall be provided in writing to the owner or
operator.
(2) In addition to any
conditions required pursuant to paragraph (d)(1) and to the extent not required
in conditions contained in NPDES permits, within 60 days following the close of
each calendar year, each owner or operator of a discharge subject to any toxic
standard or prohibition shall report to the Department concerning the
compliance of such discharges. Such report shall include, as a minimum,
information concerning
(i) Relevant
identification of the discharger such as name, location of facility, discharge
points, receiving waters, and the industrial process or operation emitting the
toxic pollutant;
(ii) Relevant
conditions (pursuant to paragraph (d)(1) or to an NPDES permit) as to flow,
section307(a)(a) toxic pollutant concentrations, and section307(a)(a) toxic
pollutant mass emission rate;
(iii)
Compliance by the discharger with such conditions.
(3) When samples collected for analysis are
composited, such samples shall be composited in proportion to the flow at time
of collection and preserved in compliance with requirements of the Department,
but shall include at least five samples collected at approximately equal
intervals throughout the working day.
(e)
(1)
[Reserved]
(2) Nothing in these
regulations shall preclude the Department from requiring in any permit a more
stringent effluent limitation or standard pursuant to
section301(b)(1)(C)(b)(1)(C) of the CWA and implemented in R.61-9.124.42 and
other related provisions of R.61-9.124.
(f) Any owner or operator of a facility which
discharges a toxic pollutant to the waters of the State and to a publicly owned
treatment system shall limit the summation of the mass emissions from both
discharges to the less restrictive standard, either the direct discharge
standard or the pretreatment standard; but in no case will this Subsection
allow a discharge to the waters greater than the toxic pollutant effluent
standard established for a direct discharge to the waters of the
State.
