Ala. Admin. Code r. 335-6-5-.07
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-5-.07 - Publicly And Privately Owned Treatment Works(1) Control Of Industrial Users by Publicly Owned Treatment Works. (a) The Department shall not process a SID Permit Application nor issue a SID Permit to a new discharger or a discharger that is requesting an increase in permit limits for any pollutant until the publicly owned treatment works has provided written approval of the connection.(b) A publicly owned treatment works may designate any portion of its unused capacity as not available for industrial users by submitting such designation in writing to the Department. SID Permit limits will be determined on the basis of the capacity remaining after subtracting the sum of the reserved capacity and that capacity already in use from the design capacity of the treatment works. This reservation of capacity shall apply to pollutants regulated by local limits as well as to traditional substances such as organic loading, flow, ammonia, and suspended solids.(c) If requested by the POTW the Department will require the submittal of a copy of any document or report, that is required to be submitted to the Department, to the POTW. If requested, all notifications required by the permit shall be required to made to the POTW. The POTW may make a one time request applicable to all permits or make individual requests during review of draft permits.(d) Publicly owned treatment works shall report all instances of pass through or interference caused by or believed to be caused by an industrial user to the Department as soon as possible and no later than 24 hours after learning of a water quality standard violation that was or may have been caused by pass through or interference caused by an industrial user.(e) A publicly owned treatment works may submit a written notification reducing or deleting the capacity available to a permitted industrial user. Such notification shall be signed by a representative of the publicly owned treatment works who meets the requirements of Rule 335-6-5 -.07335-6-5-.14 as an acceptable signatory to its NPDES permit application. The Department shall keep the notification on file and will use the modified capacity to develop any subsequent draft SID Permit.(f) Publicly owned treatment works may pass ordinances, adopt policies, assess surcharges and regulate industrial users to the extent allowed by law. Regulatory and other requirements of the publicly owned treatment works may be more stringent than those of the Department, however the Department will enforce only requirements of the AWPCA and EPA and rules implementing the requirements of the AWPCA and EPA.(2) Publicly owned treatment works may participate in the surveillance and monitoring functions of the pretreatment program. Copies of all inspection reports to include sampling results that are performed by the treatment works shall be submitted to the Department.(3) Prior to acceptance of an indirect discharge, a privately owned treatment system shall apply for a modification to its NPDES Permit identifying the additional source of wastewater. The Department shall enforce limits of SID Permits issued to industrial users of privately owned treatment systems, but noncompliance by a user with its SID Permit shall not constitute a defense for violation by the privately owned treatment works of its NPDES Permit. Author: John Poole.
Ala. Admin. Code r. 335-6-5-.07
Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.