Current through Register Vol. 48, No. 9, September 27, 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 Department which will
make a determination on the request for program approval in accordance with the
procedures described in section403.11.
(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
carry out the programs described in section403.8. This statement shall:
(i) Identify the provision of the legal
authority under section403.8(f)(1)(f)(1) which provides the basis for each
procedure under section403.8(f)(2)(f)(2);
(ii) Identify the manner in which the POTW
will implement the program requirements set forth in section403.8, 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 he
acquisition of 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 carry out 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 Department 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 requested in
section403.7(d)(d).
(e) Department
action. Any POTW requesting POTW Pretreatment Program approval shall submit to
the Department three copies of the Submission described in paragraph (b), and
if appropriate, (d) of this section. Within 60 days after receiving the
Submission, the Department shall make a preliminary determination of whether
the Submission meets the requirements of paragraph (b) and (c) of this section.
If the Department makes the preliminary determination that the Submission meets
these requirements, the Department 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 section403.11.
(f) Notification where submission is
defective. If, after review of the Submission as provided for in paragraph (e)
of this section, the Department determines that the Submission does not comply
with the requirements of paragraph (b) or (c) of this section, and, if
appropriate, paragraph (d) of this section, the Department 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 and
131, as revised, where such 208 plan includes Management Agency designations
and addresses pretreatment in a manner consistent with 40 CFR Part 403 and this
regulation. In order to assure such consistency, the Department shall solicit
the review and comment of the appropriate 208 Planning Agency during the public
comment period provided for in section403.11(b)(1)(ii)(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
Department shall nevertheless solicit the review and comment of the appropriate
208 planning agency.
403.10.
(a) [Reserved]
(b) [Reserved]
(c) [Reserved]
(d) [Reserved]
(e) State Program in lieu of POTW Program.
Notwithstanding the provision of section403.8(a)(a), the State may assume
responsibility for implementing the POTW Pretreatment Program requirements set
forth in section403.8(f)(f) in lieu of requiring the POTW to develop a
Pretreatment Program. However, this does not preclude POTWs from independently
developing Pretreatment Programs.
