Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.06 - Categorical Pretreatment Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Categorical pretreatment standards,
				specifying quantities or concentrations of pollutants or pollutant properties
				which may be discharged or introduced to a publicly owned treatment works by
				existing or new industrial users in specific industrial subcategories, have
				been and will be established as separate regulations under the appropriate
				subpart of 40 CFR Chapter I, Subchapter N (1994). The Department shall require
				compliance with the requirements of those regulations and shall include the
				requirements in SID Permits issued to categorical dischargers. Compliance by
				existing sources shall be attained within three years of the effective date of
				the standard or as stated in the standard, whichever is earlier. New sources
				shall install, have in operating condition and start-up all pollution control
				equipment required to comply with the standard before beginning to discharge
				and shall attain compliance with the standard within 90 days of beginning
				discharge.
(2) Category
				Determination Request:
(a) Within sixty days
				after the effective date of a categorical pretreatment standard for a
				subcategory under which an existing industrial user may be included, the
				industrial user may request that the Department provide written certification
				to the effect that the industrial user does or does not fall within that
				particular subcategory.
(b) New
				source industrial dischargers and existing industrial dischargers, requesting a
				category determination because of the addition or alteration of a process, must
				request a category determination prior to commencing discharge of pollutants
				from the process(es) included in the request.
(c) Each request shall contain a statement:
1. describing which subcategories might be
				applicable;
2. citing evidence and
				reasons why a particular subcategory is applicable and why others are not
				applicable; and
3. the following
				certification signed by a person meeting the requirements of Rule
				335-6-5-.14.
"I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system or those directly responsible for gathering the
				  information, the information submitted is, to the best of my knowledge and
				  belief, true, accurate, and complete. I am aware that there are significant
				  penalties for submitting false information, including the possibility of fine
				  and imprisonment for knowing violations."
(d) The Department will notify the industrial
				user of any incomplete aspects of a request and give the industrial user thirty
				days (or longer, by written permission of the Department) to complete the
				request.
(e) When the request is
				complete, the Director will make a written determination of the applicable
				subcategory and state the reasons for the determination and shall forward the
				determination to the EPA Regional Water Management Division Director.
(f) The EPA Water Management Division
				Director may make a final determination. If the Water Management Division
				Director does not modify the Director's decision within sixty days after
				receipt thereof, the Director's decision is final, and shall be sent to the
				requester.
(g) Where the EPA Water
				Management Division Director elects to modify the Department's decision, the
				Water Management Division Director's decision will be final.
(h) If the EPA Water Management Division
				Director elects to modify the Department's decision, the industrial user may
				submit a petition to reconsider or contest the decision to the Regional
				Administrator within thirty days of receipt of the modified decision, in
				accordance with pertinent EPA regulations ( 40 C.F.R. Part 403 (1994)). If the
				Director's decision is final, the industrial user may appeal that decision in
				accordance with Chapter 335-2-1.