Current through Register Vol. 41, No. 3, September 23, 2024
A. A POTW requesting approval of a POTW
pretreatment program shall develop a program description which includes the
information set forth in subdivisions B 1 through B 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
9VAC25-31-830.
B. 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
9VAC25-31-800. This statement
shall:
a. Identify the provision of the legal
authority under
9VAC25-31-800 F 1 which provides
the basis for each procedure under
9VAC25-31-800 F 2;
b. Identify the manner in which the POTW will
implement the program requirements set forth in
9VAC25-31-800, including the means
by which pretreatment standards will be applied to individual industrial users
(e.g., by order, permit, ordinance, etc.); and
c. 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 which meet the requirements of
9VAC25-31-800 F 1. This submission
shall include a statement reflecting the endorsement or approval of the local
boards or bodies responsible for supervising 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 shall be identified,
their respective responsibilities delineated, and their procedures for
coordination set forth in an inter-jurisdictional agreement; and
4. A description of the funding levels and
full and part-time manpower available to implement the program.
C. The POTW may request
conditional approval of the pretreatment program pending the acquisition of
funding and personnel from certain elements of the program. The request for
conditional approval must meet the requirements set forth in subsection B of
this section except that the requirements of subsection 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 director 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. The request for authority to
revise categorical pretreatment standards must contain the information required
in 9VAC25-31-790 D.
E. Any POTW requesting POTW pretreatment
program approval shall submit to the department three copies of the submission
described in subsection B, and if appropriate, subsection D of this section.
Within 60 days after receiving the submission, the director shall make a
preliminary determination of whether the submission meets the requirements of
subsection B and, if appropriate, subsection D of this section. If the director
makes the preliminary determination that the submission meets these
requirements, the director 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
9VAC25-31-830.
F. If, after review of the submission as
provided for in subsection E of this section, the director determines that the
submission does not comply with the requirements of subsections B or C of this
section, and, if appropriate, subsection D, of this section, the director 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 subsections B, C of this section, and, if appropriate,
subsection 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 this part. In order to
assure such consistency the director shall solicit the review and comment of
the appropriate 208 planning agency during the public comment period provided
for in 9VAC25-31-830 B 1 b 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 or does
not address pretreatment in a manner consistent with this part, the director
shall nevertheless solicit the review and comment of the appropriate 208
planning agency.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 402 of
the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.
