Section 327 IAC 5-19-3 - POTW pretreatment program requirementsAuthority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 3.
An approved POTW pretreatment program shall fully and effectively exercise and implement the following requirements:
(1) The POTW must operate under legal authority, enforceable in federal or state court, that authorizes or enables the POTW to apply and enforce the requirements of Section 307(b) and 307(c) of the Clean Water Act (33 U.S.C. 1317(b) and 33 U.S.C. 1317(c)), including national pretreatment standards as well as applicable state pretreatment standards and requirements described in 327 IAC 5-18. Such authority may be contained in an ordinance, series of contracts, or joint power agreements, that the POTW is authorized to enact, enter into, or implement, and that are authorized by state law. At a minimum, this legal authority must enable the POTW to do the following:(A) Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where the contributions do not meet applicable pretreatment standards and requirements.(B) Require compliance with all applicable pretreatment standards and requirements by industrial users.(C) Control, through permit, order, or similar means, the contribution of each industrial user to the POTW to ensure compliance with all applicable pretreatment standards and requirements. In the case of significant industrial users, this control must be achieved through individual permits or equivalent individual control mechanisms issued to each user, except as follows: (i) 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 shall: (AA) involve the same or substantially similar types of operations;(BB) discharge the same types of wastes;(CC) require the same effluent limitations;(DD) require the same or similar monitoring; and(EE) be controlled under a general control mechanism rather than under individual control mechanisms, if the POTW deems more appropriate.(ii) To be covered by the general control mechanism, the significant industrial user shall file a written request for coverage that identifies the following: (AA) Its contact information.(BB) Production processes.(CC) The types of wastes generated.(DD) The location for monitoring all wastes covered by the general control mechanism.(EE) Any requests in accordance with 40 CFR 403.12(e)(2) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge.(FF) Any other information the POTW deems appropriate.(iii) 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 40 CFR 403.12(e)(2). The POTW must retain:(AA) a copy of the general control mechanism;(BB) documentation to support the POTW's determination that a specific significant industrial user meets the criteria in item (i)(AA) through (i)(EE); and(CC) a copy of the industrial user's written request for coverage; for three (3) 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 waste stream formula or net/gross calculations (40 CFR 403.6(e) and 40 CFR 403.15).
(D) Both individual and general control mechanisms, must be enforceable and contain, at a minimum, the following: (i) A statement of duration, that may not be more than five (5) years.(ii) A statement of nontransferability that requires, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator.(iii) Effluent limits, including best management practices, based on applicable general pretreatment standards in 327 IAC 5-18, categorical pretreatment standards, local limits, and state and local law.(iv) Self-monitoring, sampling, reporting, notification, and record keeping 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 40 CFR 403.12(e)(2), or a specific waived pollutant in the case of an individual control mechanism, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 327 IAC 5-18, categorical pretreatment standards, local limits, and state and local law.(v) Statement of applicable, potential civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. The schedules may not extend the compliance date beyond applicable federal deadlines.(vi) Requirements to control slug discharges, if determined by the POTW to be necessary.(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 that is the location of an effluent source or treatment system that is subject to this article or to records that are required to be kept under 40 CFR 403.12(o). Such authority shall be at least as extensive as the authority provided under Section 308 of the Clean Water Act (33 U.S.C. 1318).(F) Secure remedies for noncompliance through the following means:(i) Obtain remedies for noncompliance by an industrial user with any applicable pretreatment standard or requirement, including injunctive relief and civil penalties as appropriate. The POTW must also have authority to seek or assess civil or criminal penalties in an amount of not less than one thousand dollars ($1,000) per day for each violation by industrial users of pretreatment standards and requirements.(ii) Pretreatment requirements, in addition to those specified in 327 IAC 5-18, that shall be enforceable through the remedies described in item (i) shall include the following:(AA) The duty to allow or carry out inspections, entry, or monitoring activities.(BB) Any ordinances, rules, or orders issued by the POTW.(CC) Any requirements set forth in individual control mechanisms issued by the POTW or the pretreatment rules.(DD) Any reporting requirements imposed by the POTW or the pretreatment rules. The commissioner shall have authority to seek judicial relief and may also use administrative penalty authority when the POTW has sought a monetary penalty that the commissioner believes to be insufficient.
(G) Have the authority and procedures to give the following: (i) Informal notice to the discharger and then immediately and effectively halt or prevent any discharge of pollutants to the POTW that may reasonably appear to present an imminent endangerment to the health or welfare of any person.(ii) Notice to the affected industrial users, with an opportunity to respond, and then halt or prevent any discharge to the POTW that:(AA) threatens to interfere with the operation of the POTW; or(BB) may present an endangerment to the environment.(H) Comply with the confidentiality requirements set forth in 40 CFR 403.14.(2) The POTW shall have procedures to ensure compliance with the requirements of an approved POTW pretreatment program. At a minimum, these procedures must enable the POTW to do the following: (A) Identify and locate all possible industrial users that may be subject to the approved POTW pretreatment program. Any:(iii) inventory; of industrial users made under this rule must be made available to the commissioner upon request.
(B) Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under clause (A). This information must be made available to the commissioner upon request.(C) Notify industrial users identified under clause (A) of applicable pretreatment standards and any applicable requirements under Sections 204(b) and 405 of the Clean Water Act (33 U.S.C. 1284(b) and 33 U.S.C. 1345) and Subtitles C and D of RCRA (42 U.S.C. 6921 and 42 U.S.C. 6941).(D) Notify each significant industrial user (SIU) of: (i) its status as an SIU; and(ii) the requirements that apply as such; within thirty (30) days after the commissioner approves the list of SIUs as required by subdivision (6).
(E) Institute control measures to ensure compliance with all applicable pretreatment standards and requirements. Control measures include permits or administrative orders for the discharge of pollutants into a POTW by industrial users.(F) Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with self-monitoring requirements in 327 IAC 5-16-5.(G) Randomly sample and analyze the effluent from industrial users and conduct surveillance and inspection activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards and requirements.(H) Inspect and sample significant industrial users at least once a year except as follows: (i) Where the POTW has authorized the industrial user subject to a categorical pretreatment standard to forgo sampling of a pollutant regulated by a categorical pretreatment standard in accordance with 40 CFR 403.12(e)(3), the POTW shall sample for the waived pollutant or pollutants 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 industrial user's operations, the POTW shall immediately begin at least annual effluent monitoring of the industrial user's discharge and inspection.(ii) Where the POTW has determined that an industrial user meets the criteria for classification as a nonsignificant categorical industrial user, the POTW shall evaluate, at least once per year, whether an industrial user continues to meet the criteria in 40 CFR 403.3(v)(2).(iii) In the case of industrial users subject to reduced reporting requirements under 40 CFR 403.12(e)(3), the POTW shall randomly sample and analyze the effluent from industrial users and conduct inspections at least once every two (2) years. If the industrial user no longer meets the conditions for reduced reporting in 40 CFR 403.12(e)(3), the POTW shall immediately begin sampling and inspecting the industrial user at least once a year.(I) Evaluate and document, whether each 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, 2006. Additional significant industrial users must be evaluated within one (1) year of being designated a significant industrial user. As used in this clause, "slug discharge" means any discharge of a nonroutine, episodic nature, including, at a minimum, an accidental spill or noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits, or permit conditions. The results of these activities shall be made available to the regional administrator or commissioner upon request. Significant industrial users shall 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: (i) A description of discharge practices, including nonroutine batch discharges.(ii) A description of stored chemicals.(iii) Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 327 IAC 5-18, with procedures for follow-up written notification within five (5) days.(iv) If necessary, procedures to prevent adverse impact from accidental spills, including, but not limited to, the following:(AA) Inspection and maintenance of storage areas.(BB) Handling and transfer of materials.(CC) Loading and unloading operations.(DD) Control of plant site runoff.(FF) Building of containment structures or equipment.(GG) Measures for containing toxic organic pollutants including solvents.(HH) Measures and equipment necessary for response.(J) Investigate instances of noncompliance with pretreatment standards and requirements as indicated: (i) in the reports and notices required under 327 IAC 5-16-5; or(ii) by analysis, inspection, and surveillance activities described in clause (F). 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.
(K) Initiate and effectively prosecute enforcement actions, where appropriate, against industrial users that are violating applicable pretreatment standards or other pretreatment requirements.(L) Comply with the public participation requirements of 40 CFR 25 in the enforcement of national pretreatment standards. These procedures shall include provision for at least annually providing public notification, in a newspaper or newspapers of general circulation that provides meaningful public notice within the jurisdiction or jurisdictions served by the POTW of industrial users that, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements.(3) The POTW must have sufficient resources and qualified personnel to carry out the approved POTW pretreatment program as described in subdivisions (1) and (2). However, conditional approval of the POTW's pretreatment program may be requested under section 4(b) of this rule pending acquisition of the required funding.(4) The POTW must: (A) develop local limits as required in 327 IAC 5-18-2(b) and 327 IAC 5-18-2(c); or(B) demonstrate that they are not necessary.(5) The POTW must develop and implement an enforcement response plan. This plan must contain detailed procedures demonstrating how a POTW will investigate and respond to instances of industrial user noncompliance. The plan must, 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 responsible for each type of response; and(D) adequately reflect the POTW's primary responsibility to enforce all applicable pretreatment standards and requirements as detailed in subdivisions (1) and (2).(6) The POTW shall prepare a list of its industrial users meeting the criteria in 327 IAC 5-17-22. The list must: (A) identify the criteria in 327 IAC 5-17-22(a) applicable to each industrial user; and(B) where applicable, indicate whether the POTW has made a determination under 327 IAC 5-17-22(b) that the industrial user should not be considered a significant industrial user. This list, and any subsequent modifications thereto, must be submitted to the commissioner as a nonsubstantial modification of the approved POTW pretreatment program under 40 CFR 403.18(d).
Water Pollution Control Board; 327 IAC 5-19-3; filed Oct 10, 2000, 3:02 p.m.: 24 IR 305; filed Apr 3, 2009, 1:55 p.m.: 20090429-IR-327060156FRAReadopted filed 10/18/2024, 1:57 p.m.: 20241113-IR-327230810RFA