Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 310 - PRETREATMENT PROGRAMS › Subpart E - POTW PRETREATMENT PROGRAMS › Section 310.510 - Pretreatment Program Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
A POTW pretreatment program must be based on the following
				  legal authority and include the following procedures, and these authorities and
				  procedures must at all times be fully and effectively exercised and
				  implemented:
a) Legal Authority. The
				POTW must operate pursuant to legal authority enforceable in federal, State, or
				local courts, which authorizes or enables the POTW to apply and enforce the
				requirements of this Part and 35 Ill. Adm. Code 307. Such authority may be
				contained in a statute, ordinance, or series of 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 must enable the
				POTW to:
1) Deny or condition new or increased
				contributions of pollutants, or changes in the nature of pollutants, to the
				POTW by industrial users if those contributions do not meet applicable
				pretreatment standards and requirements or would cause the POTW to violate its
				NPDES permit;
2) Require compliance
				with applicable pretreatment standards and requirements by industrial
				users;
3) Control, through
				ordinance, permit, order, or similar means, the contribution to the POTW by
				each industrial user to ensure compliance with applicable pretreatment
				standards and requirements, and for each significant industrial user, as
				defined at Section 310.110, this control must be
				achieved through individual permits or equivalent individual control mechanisms
				issued to each such user except as follows:
A)
				At the discretion of the POTW, this control may include using general control
				mechanisms if the conditions of subsection (g) are met.
BOARD NOTE: Subsection (g) is derived from
				  40 CFR
				  403.8(f)(1)(iii)(A)(1)(i) through
				  (f)(1)(iii)(A)(2), as added at 70 Fed. Reg.
				  60134 (Oct. 14, 2005), which would normally appear at this subsection
				  (a)(3)(A), but which the Board moved to subsection (g) to comply with Illinois
				  Administrative Code codification requirements.
B) All individual control mechanisms and
				general control mechanisms must be enforceable and contain, at a minimum, the
				following conditions:
i) A statement of
				duration (in no case more than five years);
ii) A statement of non-transferability
				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;
iii) Effluent limits, including best
				management practices, based on applicable general pretreatment standards in
				this Part and 35 Ill. Adm. Code 307, categorical pretreatment standards, local
				limits, and local law;
iv)
				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 Section
				310.605(b), 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 of this Part and 35 Ill. Adm. Code 307,
				categorical pretreatment standards, local limits, and local law;
v) A statement of applicable civil and
				criminal penalties for violation of pretreatment standards and requirements,
				and any applicable compliance schedule; however, such schedules may not extend
				the compliance date beyond applicable federal deadlines; and
vi) Requirements to control slug discharges,
				if such are determined by the POTW to be necessary;
4) Require the following:
A) The development of a compliance schedule
				by each industrial user for the installation of technology required to meet
				applicable pretreatment standards and requirements; and
B) The submission of all notices and
				self-monitoring reports from industrial users necessary to assess and assure
				compliance by industrial users with pretreatment standards and requirements,
				including the reports required in Subpart F;
5) 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 must 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 Section
				310.634 to assure compliance
				with pretreatment standards. Such authority must be at least as extensive as
				the authority provided under section 308 of the federal CWA (33 U.S.C.
				1318), incorporated by reference in Section
				310.107(c);
6) Obtain remedies for noncompliance by any
				industrial user with any pretreatment standard or requirement.
A) All POTWs must be able to seek injunctive
				relief for noncompliance by industrial users with pretreatment standards or
				requirements. All POTWs must also have the 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.
B) Pretreatment requirements that will be
				enforced through the remedies set forth in subsection (a)(6)(A) will include
				but not be limited to: 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 control mechanisms issued by the POTW; or any
				reporting requirements imposed by the POTW, this Part or 35 Ill. Adm. Code 307.
				The POTW must have authority and procedures (after notice to the industrial
				user) immediately and effectively to halt or prevent any discharge of
				pollutants to the POTW that reasonably appears to present an imminent
				endangerment to the health or welfare of persons. The POTW must also have
				authority and procedures (which must include notice to the affected industrial
				users and an opportunity to respond) to halt or prevent any discharge to the
				POTW that presents or may present an endangerment to the environment or which
				threatens to interfere with the operation of the POTW. The Agency must have
				authority to seek judicial relief when the POTW has sought a monetary penalty
				that the Agency finds to be insufficient; and
7) Comply with the confidentiality
				requirements set forth in Section
				310.105.