F. POTW
pretreatment requirements. A POTW pretreatment program must be based on the
following legal authority and include the following procedures. These
authorities and procedures shall at all times be fully and effectively
exercised and implemented.
1. Legal authority.
The POTW shall operate pursuant to legal authority enforceable in federal,
state or local courts, which authorizes or enables the POTW to apply and to
enforce the requirements of §§ 307(b), (c) and (d), and 402(b)(8) of
the CWA and any regulations implementing those sections. Such authority may be
contained in a statute, ordinance, or series of contracts or joint powers
agreements that the POTW is authorized to enact, enter into or implement, and
which are authorized by state law. At a minimum, this legal authority shall
enable the POTW to:
a. Deny or condition new
or increased contributions of pollutants, or changes in the nature of
pollutants, to the POTW by industrial users where such contributions do not
meet applicable pretreatment standards and requirements or where such
contributions would cause the POTW to violate its VPDES permit.
b. Require compliance with applicable
pretreatment standards and requirements by industrial users.
c. Control through permit, or order the
contribution to the POTW by each industrial user to ensure compliance with
applicable pretreatment standards and requirements. In the case of industrial
users identified as significant under
9VAC25-31-10, this
control shall be achieved through individual permits or equivalent individual
control mechanisms issued to each such user except as follows:
(1)
(a) At
the discretion of the POTW, this control may include use of general control
mechanisms if the following conditions are met. All of the facilities to be
covered must:
(i) Involve the same or
substantially similar types of operations;
(ii) Discharge the same types of
wastes;
(iii) Require the same
effluent limitations;
(iv) Require
the same or similar monitoring; and
(v) In the opinion of the POTW, be more
appropriately controlled under a general control mechanism than under
individual control mechanisms.
(b) 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 in accordance with
9VAC25-31-840
E 2 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 in accordance with
9VAC25-31-840
E 2. 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 subdivisions 1 c (1) (a) (i) through (v)
of this subsection, and a copy of the 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
where 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 Wastestream Formula or Net/Gross calculations (9VAC25-31-780
E and
9VAC25-31-870
).
(2) Both individual
and general control mechanisms must be enforceable and contain, at a minimum,
the following conditions:
(a) Statement of
duration (in no case more than five years);
(b) Statement of nontransferability without,
at a minimum, prior notification to the POTW 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 general pretreatment standards in
this part, categorical pretreatment standards, local limits, and the
law;
(d) Self-monitoring, sampling,
reporting, notification and recordkeeping 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 in accordance with
9VAC25-31-840
E 2, or a specific waiver pollutant in the case of an individual control
mechanism), sampling location, sampling frequency, and sample type, based on
the applicable general pretreatment standards in this part, categorical
pretreatment standards, local limits, and the law;
(e) Statement of applicable civil and
criminal penalties for violation of pretreatment standards and requirements;
and any applicable compliance schedules, which may not extend beyond applicable
federal deadlines.
(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 applicable pretreatment standards and requirements; and
(2) The submission of all notices and
self-monitoring reports from industrial users as are necessary to assess and
ensure compliance by industrial users with pretreatment standards and
requirements, including but not limited to the reports required in
9VAC25-31-840.
e. Carry out all inspection,
surveillance and monitoring procedures necessary to determine, independent of
information supplied by industrial users, compliance or noncompliance with
applicable pretreatment standards and requirements by industrial users.
Representatives of the POTW shall be authorized to enter any premises of any
industrial user in which a discharge source or treatment system is located or
in which records are required to be kept under
9VAC25-31-840
O to ensure compliance with pretreatment standards. Such authority shall be at
least as extensive as the authority provided under § 308 of the
CWA.
f. Obtain remedies for
noncompliance by any industrial user with any pretreatment standard and
requirement. All POTWs shall be able to seek injunctive relief for
noncompliance by industrial users with pretreatment standards and requirements.
All POTWs shall also have authority to seek or assess civil or criminal
penalties in at least the amount of $1,000 a day for each violation by
industrial users of pretreatment standards and requirements.
Pretreatment requirements which will be enforced through
the remedies set forth in this subdivision, will include the duty to allow or
carry out inspections, entry, or monitoring activities; any rules, regulations,
or orders issued by the POTW; any requirements set forth in individual control
mechanisms issued by the POTW; or any reporting requirements imposed by the
POTW or this part. The POTW 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 which reasonably appears to present an
imminent endangerment to the health or welfare of persons. The POTW shall also
have authority and procedures (which shall include notice to the affected
industrial users and an opportunity to respond) to halt or prevent any
discharge to the POTW which presents or may present an endangerment to the
environment or which threatens to interfere with the operation of the POTW. The
director shall have authority to seek judicial relief and may also use
administrative penalty authority when the POTW has sought a monetary penalty
which the director believes to be insufficient.
g. Comply with the confidentiality
requirements set forth in
9VAC25-31-860.
2. Procedures. The POTW shall
develop and implement procedures to ensure compliance with the requirements of
a pretreatment program. At a minimum, these procedures shall enable the POTW
to:
a. Identify and locate all possible
industrial users that might be subject to the POTW pretreatment program. Any
compilation, index or inventory of industrial users made under this subdivision
shall be made available to the regional administrator or department upon
request.
b. Identify the character
and volume of pollutants contributed to the POTW by the industrial users
identified under subdivision 2 a of this subsection. This information shall be
made available to the regional administrator or department upon
request.
c. Notify industrial users
identified under subdivision 2 a of this subsection, of applicable pretreatment
standards and any applicable requirements under §§ 204(b) and 405 of
the CWA and subtitles C and D of the Resource Conservation and Recovery Act (
42 USC §
6901 et seq.). Within 30 days of approval
pursuant to 9VAC25-31-800 F 6, of a list of significant industrial users,
notify each significant industrial user of its status as such and of all
requirements applicable to it as a result of such status.
d. Receive and analyze self-monitoring
reports and other notices submitted by industrial users in accordance with the
self-monitoring requirements in
9VAC25-31-840.
e. Randomly sample and analyze the effluent
from industrial users and conduct surveillance activities in order to identify,
independent of information supplied by industrial users, occasional and
continuing noncompliance with pretreatment standards. Inspect and sample the
effluent from each significant industrial user at least once a year except as
otherwise specified below.
(1) Where the POTW
has authorized the industrial user subject to a categorical pretreatment
standard to forego sampling of a pollutant regulated by a categorical
pretreatment standard in accordance with
9VAC25-31-840
E the POTW must sample for the waived pollutant at least once during the term
of the categorical industrial user's control mechanism. In the event that the
POTW subsequently determines that a waived pollutant is present or is expected
to be present in the industrial user's wastewater based on changes that occur
in the user's operations, the POTW must immediately begin at least annual
effluent monitoring of the user's discharge and inspection.
(2) Where the POTW has determined that an
industrial user meets the criteria for classification as a nonsignificant
categorical industrial user, the POTW must evaluate, at least once per year,
whether an industrial user continues to meet the criteria in
9VAC25-31-10.
(3) In the case of industrial users subject
to reduced reporting requirements under
9VAC25-31-840
E, the POTW must randomly sample and analyze the effluent from industrial users
and conduct inspections at least once every two years. If the industrial user
no longer meets the conditions for reduced reporting in
9VAC25-31-840
E, the POTW must immediately begin sampling and inspecting the industrial user
at least once a year.
f.
Evaluate whether each such significant industrial user needs a plan or other
action to control slug discharges. For industrial users identified as
significant prior to November 14, 2005, this evaluation must have been
conducted at least once by October 14, 2005; additional significant industrial
users must be evaluated within one year of being designated a significant
industrial user. For purposes of this subsection, a slug discharge is any
discharge of a nonroutine, episodic nature, including an accidental spill or
noncustomary batch discharge that has a reasonable potential to cause
interference or pass through, or in any other way violate the POTWs regulating
local limits or permit conditions. The results of such activities shall be
available to the department upon request. Significant industrial users are
required to notify the POTW immediately of any changes at its facility
affecting potential for a slug discharge. If the POTW decides that a slug
control plan is needed, the plan shall contain, at a minimum, the following
elements:
(1) Description of discharge
practices, including nonroutine batch discharges;
(2) Description of stored
chemicals;
(3) Procedures for
immediately notifying the POTW of slug discharges, including any discharge that
would violate a prohibition under
9VAC25-31-770
B, with procedures for follow-up written notification within five days;
and
(4) If necessary, procedures to
prevent adverse impact from accidental spills, including inspection and
maintenance of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site run-off, worker training, building
of containment structures or equipment, measures for containing toxic organic
pollutants (including solvents), and measures and equipment necessary for
emergency response.
g.
Investigate instances of noncompliance with pretreatment standards and
requirements, as indicated in the reports and notices required under
9VAC25-31-840,
or indicated by analysis, inspection, and surveillance activities described in
subdivision 2 e of this subsection. Sample taking and analysis and the
collection of other information shall be performed with sufficient care to
produce evidence admissible in enforcement proceedings or in judicial
actions.
h. Comply with the public
participation requirements of the Code of Virginia and 40 CFR Part 25 in the
enforcement of national pretreatment standards. These procedures shall include
provisions for at least annual public notification, in a newspaper of general
circulation that provides meaningful public notice within the jurisdiction
served by the POTW of industrial users which, at any time during the previous
12 months were in significant noncompliance with applicable pretreatment
requirements. For the purposes of this provision, a significant industrial user
(or any industrial user that violates subdivision 2 h (3), (4) or (8) of this
subsection is in significant noncompliance if its violation meets one or more
of the following criteria:
(1) Chronic
violations of wastewater discharge limits, defined here as those in which 66%
or more of all of the measurements taken during a six-month period exceed (by
any magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by
9VAC25-31-10;
(2) Technical Review Criteria (TRC)
violations, defined here as those in which 33% or more of all of the
measurements for each pollutant parameter taken during a six-month period equal
or exceed the product of the numeric pretreatment standard or requirement,
including instantaneous limits, as defined by
9VAC25-31-10;
multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and
grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment
standard or requirement as defined by
9VAC25-31-10 (daily
maximum, long-term average, instantaneous limit, or narrative standard) that
the control authority 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);
(4) Any discharge of a pollutant that has
caused imminent endangerment to human health, welfare or to the environment or
has resulted in the POTW's exercise of its emergency authority under
subdivision 1 f of this subsection to halt or prevent such a
discharge;
(5) Failure to meet,
within 90 days after the schedule date, a compliance schedule milestone
contained in a local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance;
(6) 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;
(7)
Failure to accurately report noncompliance; or
(8) Any other violation or group of
violations that may include a violation of Best Management Practices which the
POTW determines will adversely affect the operation or implementation of the
local pretreatment program.
3. Funding. The POTW shall have sufficient
resources and qualified personnel to carry out the authorities and procedures
described in subdivisions 1 and 2 of this subsection. In some limited
circumstances, funding and personnel may be delayed where (i) the POTW has
adequate legal authority and procedures to carry out the pretreatment program
requirements described in this section, and (ii) a limited aspect of the
program does not need to be implemented immediately (see
9VAC25-31-810
B).
4. Local limits. The POTW shall
develop local limits as required in
9VAC25-31-770
C 1, using current influent, effluent and sludge data, or demonstrate that they
are not necessary.
5. The POTW
shall develop and implement an enforcement response plan. This plan shall
contain detailed procedures indicating how a POTW will investigate and respond
to instances of industrial user noncompliance. The plan shall, at a minimum:
a. Describe how the POTW will investigate
instances of noncompliance;
b.
Describe the types of escalating enforcement responses the POTW will take in
response to all anticipated types of industrial user violations and the time
periods within which responses will take place;
c. Identify (by title) the official or
officials responsible for each type of response; and
d. Adequately reflect the POTW's primary
responsibility to enforce all applicable pretreatment requirements and
standards, as detailed in subdivisions 1 and 2 of this subsection.
6. The POTW shall prepare and
maintain a list of its significant industrial users. The list shall identify
the criteria in the definition of significant industrial user in Part I
(9VAC25-31-10 et seq.)
of this chapter which are applicable to each industrial user and, where
applicable, shall also indicate whether the POTW has made a determination
pursuant to subdivision 3 of that definition that such industrial user should
not be considered a significant industrial user. This list shall be submitted
to the department pursuant to
9VAC25-31-810
as a nonsubstantial program modification pursuant to
9VAC25-31-900
D. Modifications to the list shall be submitted to the department pursuant to
9VAC25-31-840
I 1.
