reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 525 - EFFLUENT GUIDELINES AND STANDARDS › Sec2 096-525-4 - General Provisions [see 40 CFR part 401] › Subsection 096-525-4-VIII - pH Effluent limitations under continuous monitoring [see 40 CFR 401.17]

Current through 2024-29, July 17, 2024
(a) Where a
				  permittee continuously measures the pH of wastewater pursuant to a requirement
				  or option in a National Pollutant Discharge Elimination System (NPDES) permit
				  issued pursuant to section 402 of the Act, the permittee shall maintain the pH
				  of such wastewater within the range set forth in the applicable effluent
				  limitations guidelines, except excursions from the range are permitted subject
				  to the following limitations:
(1) The total
				  time during which the pH values are outside the required range of pH values
				  shall not exceed 7 hours and 26 minutes in any calendar month; and
(2) No individual excursion from the range of
				  pH values shall exceed 60 minutes.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-1 - References to Federal Regulations and Definitions

Current through 2024-29, July 17, 2024
Portions of this Chapter refer to regulations of the United
				  States Environmental Protection Agency (EPA). Unless otherwise specified, the
				  federal regulations referenced are those regulations effective as of January 1,
				  2024, as they appear in volume 40 of the Code of Federal Regulations (CFR).
				  Additional definitions for terms used in this Chapter may be found in Chapter
				  520.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-2 - Purpose and Scope

Current through 2024-29, July 17, 2024
This Chapter establishes requirements that apply to cooling
				  water intake structures at new and existing facilities that are subject to
				  section 316(b) of the Clean Water Act (CWA). Cooling water intake structures
				  not subject to requirements under sections 5 through 11 or 12 through 17 must
				  meet requirements under section 316(b) of the CWA established by the Department
				  on a case-by-case, best professional judgment (BPJ) basis.
				  [
See
40 CFR §
										125.90(b)]
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-3 - Compliance with this Chapter

Current through 2024-29, July 17, 2024
By establishing the responsibilities of government and
				  industry to implement National Pretreatment Standards this regulation fulfills
				  three objectives:
A.
Application.
Applications for existing facilities must be
				submitted in accordance with section 14.A and B. Applications for new
				facilities must be submitted in accordance with Chapter 521(4) (c) and sections
				8 and 18.
B. You must comply with
				this Chapter when a MEPDES permit containing requirements consistent with this
				Chapter is issued to you.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-5 - Applicability to New Facilities [See 40 CFR Section 125.81]

Current through 2024-29, July 17, 2024
A. The Owner or
				Operator of a new facility, as defined in Chapter 520, that is a point source
				that uses or proposes to use a cooling water intake structure, is subject to
				the requirements of this Chapter.
(1) Sections
				6 through 11 apply if the facility:
(i) Has at
				least one cooling water intake structure that uses at least 25 percent of the
				water it withdraws for cooling purposes as specified in paragraph C of this
				section; and
(ii) Has a design
				intake flow greater than two million gallons per day (MGD).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-6 - Terms and Conditions for New Facilities [See 40 CFR Section 125.84]

Current through 2024-29, July 17, 2024
A. The Owner or
				Operator of a new facility must comply with:
(1) Track I in paragraph B or C of this
				section; or
(2) Track II in
				paragraph D of this section.
In addition to meeting the requirements in paragraph B, C, or
				  D of this section, the Owner or Operator of a new facility may be required to
				  comply with paragraph E of this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-7 - Alternative Terms and Conditions for New Facilities. [See 40 CFR Section 125.85]

Current through 2024-29, July 17, 2024
A. Any interested
				person may request that alternative requirements less stringent than those
				specified in sections 6.A through 6.E be imposed in the permit. The Department
				may establish alternative requirements less stringent than the requirements of
				sections 6.A through 6.E only if:
(1) There is
				an applicable requirement under sections 6.A through 6.E;
(2) The Department in consultation with the
				EPA Region 1 Regional Administrator determines that data specific to the
				facility indicate that compliance with the requirement at issue would result in
				compliance costs wholly out of proportion to the costs EPA considered in
				establishing the requirement at issue or would result in significant adverse
				impacts on local air quality, significant adverse impacts on local water
				resources other than impingement or entrainment, or significant adverse impacts
				on local energy markets;
(3) The
				alternative requirement requested is no less stringent than justified by the
				wholly out of proportion cost or the significant adverse impacts on local air
				quality, significant adverse impacts on local water resources other than
				impingement or entrainment, or significant adverse impacts on local energy
				markets; and
(4) The alternative
				requirement will ensure compliance with other applicable provisions of the
				Clean Water Act and any applicable requirement of state law.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-8 - Application Requirements for New Facilities [See 40 CFR Section 125.86]

Current through 2024-29, July 17, 2024
A.
(1) The Owner or Operator of a new facility
				must submit to the Department a statement that the Owner or Operator intends to
				comply with either:
(a) The Track I
				requirements for new facilities that withdraw equal to or greater than 10 MGD
				in section 6.B;
(b) The Track I
				requirements for new facilities that withdraw greater than 2 MGD and less than
				10 MGD in section 6.C; or
(c) The
				requirements for Track II in section 6.D.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-9 - Monitoring Requirements for New Facilities

Current through 2024-29, July 17, 2024
An Owner or Operator of a new facility is required to perform
				  monitoring to demonstrate compliance with the requirements specified in section
				  6 as follows. [
See
40 CFR §
										125.87]
A.
Biological monitoring.
The
				Owner or Operator must monitor both impingement and entrainment of the
				commercial, recreational, and forage base fish and shellfish species identified
				in either the Source Water Baseline Biological Characterization data required
				by section 18.D or the Comprehensive Demonstration Study required by section
				8.C(2), depending on whether the Owner or Operator chose to comply with Track I
				or Track II. The monitoring methods used must be consistent with those used for
				the Source Water Baseline Biological Characterization data required in section
				18.D or the Comprehensive Demonstration Study required by section 8.C(2). The
				Owner or Operator must follow the monitoring frequencies identified below for
				at least two years after the initial permit issuance. After that time, the
				Department may approve a request for less frequent sampling in the remaining
				years of the permit term and when the permit is reissued, if the Department
				determines the supporting data show that less frequent monitoring would still
				allow for the detection of any seasonal and daily variations in the species and
				numbers of individuals that are impinged or entrained.
(1)
Impingement sampling.
The Owner or Operator must collect samples to monitor impingement rates (simple
				enumeration) for each species over a 24-hour period and no less than once per
				month when the cooling water intake structure is in operation.
(2)
Entrainment sampling.
The Owner or Operator must collect samples at least biweekly to monitor
				entrainment rates (simple enumeration) for each species over a 24-hour period
				during the primary period of reproduction, larval recruitment, and peak
				abundance identified during the Source Water Baseline Biological
				Characterization required by section 18.D or the Comprehensive Demonstration
				Study required in section 8.C(2). The Owner or Operator must collect samples
				only when the cooling water intake structure is in operation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-10 - Recordkeeping and Reporting Requirements for New Facilities

Current through 2024-29, July 17, 2024
An Owner or Operator of a new facility is required to keep
				  records and report information and data to the Department as follows.
				  [
See
40 CFR §
										125.88]
A. The Owner or Operator must keep records of
				all the data used to complete the permit application and show compliance with
				the requirements, any supplemental information developed under section 8, and
				any compliance monitoring data submitted under section 9, for a period of at
				least three years from the date of permit issuance. The Department may require
				that these records be kept for a longer period.
B. The Owner or Operator must provide the
				following to the Department in a yearly status report:
(1) Biological monitoring records for each
				cooling water intake structure as required by section 9.A;
(2) Velocity and head loss monitoring records
				for each cooling water intake structure as required by section 9.B;
				and
(3) Records of visual or remote
				inspections as required in section 9.C.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-11 - Application Processing Procedures for New Facilities. [See 40 CFR Section 125.89]

Current through 2024-29, July 17, 2024
A.
Permit
				application.
The Department will review materials submitted by the
				applicant under sections 18 and 8 at the time of the initial permit application
				and before each permit renewal or reissuance.
(1) After receiving the initial permit
				application from the Owner or Operator of a new facility, the Department will
				determine applicable standards in section 6 to apply to the new facility. In
				addition, the Department will review materials to determine compliance with the
				applicable standards.
(2) For each
				subsequent permit renewal, the Department will review the application materials
				and monitoring data to determine whether requirements, or additional
				requirements, for design and construction technologies or operational measures
				should be included in the permit.
(3) For Track II facilities, the Department
				may review the information collection proposal plan required by section
				8.C(2)(c). The facility may initiate sampling and data collection activities
				prior to receiving comment from the Department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-12 - Applicability to Existing Facilities. [See 40 CFR Section 125.91]

Current through 2024-29, July 17, 2024
A. The Owner or
				Operator of an existing facility, as defined in section 4, that is a point
				source that uses or proposes to use a cooling water intake structure, is
				subject to the requirements of this Chapter.
(1) Sections 13 through 17 apply if:
(i) The facility uses or proposes to use one
				or more cooling water intake structures with a cumulative DIF of greater than 2
				MGD to withdraw water from waters of the State; and
(ii) Twenty-five percent or more of the water
				the facility withdraws on an actual intake flow basis is used exclusively for
				cooling purposes.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-13 - Terms and Conditions for Existing Facilities. [See 40 CFR Section 125.94]

Current through 2024-29, July 17, 2024
A.
Applicable
				Best Technology Available for Minimizing Adverse Environmental Impact (BTA)
				standards.
(1) The Owner or Operator of
				an existing facility with a cumulative DIF greater than 2 MGD is subject to the
				BTA standards for impingement mortality under paragraph C of this section, and
				entrainment under paragraph D of this section, including any measures to
				protect State or Federally listed threatened and endangered species and
				designated critical habitat established under paragraph G of this
				section.
(2) [Reserved]
(3) The Owner or Operator of a new unit is
				subject to the impingement mortality and entrainment standards under paragraph
				E of this section for all cooling water intake flows used by the new unit. The
				remainder of the existing facility is subject to the impingement mortality
				standard under paragraph C of this section, and the entrainment standard under
				paragraph D of this section. The entire existing facility including any new
				units is subject to any measures to protect State or Federally listed
				threatened and endangered species and designated critical habitat established
				under paragraph G of this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-14 - application requirements for existing facilities [See 40 CFR Section 125.95]

Current through 2024-29, July 17, 2024
A.
Permit
				application submittal timeframe for existing facilities.
(1) The Owner or Operator of an existing
				facility subject to this Chapter must submit to the Department the information
				required in the applicable provisions of section 18 when applying for a
				subsequent permit (consistent with the Owner or Operator's duty to reapply
				pursuant to Chapter 521, section 4(d)).
(2) [Reserved]
(3) The Department may waive some or all of
				the information requirements of section 18 if the intake is located in a
				manmade lake or reservoir and the fisheries are stocked and managed by a State
				or Federal natural resources agency or the equivalent. If the manmade lake or
				reservoir contains State or Federally listed threatened and endangered species,
				or is designated critical habitat, such a waiver shall not be
				granted.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-15 - Monitoring Requirements for Existing Facilities. [See 40 CFR Section 125.96]

Current through 2024-29, July 17, 2024
A.
Monitoring
				requirements for impingement mortality for existing facilities.
The
				Department may establish monitoring requirements in addition to those specified
				at section 13.C, including, for example, biological monitoring, intake velocity
				and flow measurements. If the Department establishes such monitoring, the
				specific protocols will be determined by the Department.
B.
Monitoring requirements for
				entrainment for existing facilities.
Monitoring requirements for
				entrainment will be determined by the Department on a site-specific basis, as
				appropriate, to meet requirements under section 13.D.
C.
Additional monitoring requirements
				for existing facilities.
The Department may require additional
				monitoring for impingement or entrainment including, but not limited to, the
				following:
(1) The Department may require
				additional monitoring if there are changes in operating conditions at the
				facility or in the source water body that warrant a re-examination of the
				operational conditions identified in section 18.
(2) The Department may require additional
				monitoring for species not subject to the BTA requirements for impingement
				mortality in section 13.C. Such monitoring requirements will be determined by
				the Department on a site-specific basis.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 526 - COOLING WATER INTAKE STRUCTURES › Section 096-526-16 - Record Keeping and Reporting Requirements for Existing Facilities

Current through 2024-29, July 17, 2024
The Owner or Operator of an existing facility subject to this
				  Chapter is required to submit to the Department the following information.
				  [
See
40 CFR §
										125.97]
A.
Monitoring reports.
Discharge
				Monitoring Reports (DMRs) and results of all monitoring, demonstrations, and
				other information required by the permit sufficient to determine compliance
				with the permit conditions and requirements established under section
				13.
B.
Status reports.
Any reports required by the Department under section 13.
C.
Annual certification statement and
				report.
An annual certification statement signed by the responsible
				corporate officer as defined in Chapter 521 subject to the following:
(1) If the information contained in the
				previous year's annual certification is still pertinent, the Owner or Operator
				may simply state as such in a letter to the Department and the letter, along
				with any applicable data submission requirements specified in this section,
				shall constitute the annual certification.
(2) If the Owner or Operator has
				substantially modified operation of any unit at the facility that impacts
				cooling water withdrawals or operation of the cooling water intake structures,
				the Owner or Operator must provide a summary of those changes in the report. In
				addition, the Owner or Operator must submit revisions to the information
				required by section 18 in the next permit application.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-1 - References to Federal Regulations and definitions

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 1998, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR). Definitions for terms used in this rule may be found Chapter
				  520.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-2 - Purpose and applicability [see 40 CFR 403.1]

Current through 2024-29, July 17, 2024
(a) This rule implements sections
				204(b)(1)(C), 208(b)(2) (C)(iii), 301(b)(1)(A)(ii), 301(b)(2) (A)(ii),
				301(h)(5) and 301(i)(2), 304(e) and (g), 307, 308, 309, 402(b), 405, and 501(a)
				of the Federal Water Pollution Control Act as amended by the Clean Water Act of
				1977 ( Pub. L. 95-217 ) or ``The Act''. It establishes responsibilities of
				Federal, State, and local government, industry and the public to implement
				National Pretreatment Standards to control pollutants which pass through or
				interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or
				which may contaminate sewage sludge.
(b) This regulation applies:
(1) To pollutants from non-domestic sources
				covered by Pretreatment Standards which are indirectly discharged into or
				transported by truck or rail or otherwise introduced into POTWs as defined
				below in Section 4;
(2) To POTWs
				which receive wastewater from sources subject to National Pretreatment
				Standards;
(3) To States which have
				or are applying for National Pollutant Discharge Elimination System (NPDES)
				programs approved in accordance with section 402 of the Act; and
(4) To any new or existing source subject to
				Pretreatment Standards. National Pretreatment Standards do not apply to sources
				which Discharge to a sewer which is not connected to a POTW Treatment
				Plant.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-3 - Objectives of general pretreatment regulations [see 40 CFR 403.2]

Current through 2024-29, July 17, 2024
By establishing the responsibilities of government and
				  industry to implement National Pretreatment Standards this regulation fulfills
				  three objectives:
(a) To prevent the
				introduction of pollutants into POTWs which will interfere with the operation
				of a POTW, including interference with its use or disposal of municipal
				sludge;
(b) To prevent the
				introduction of pollutants into POTWs which will pass through the treatment
				works or otherwise be incompatible with such works; and
(c) To improve opportunities to recycle and
				reclaim municipal and industrial wastewaters and sludges.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-5 - State or local law [see 40 CFR 403.4]

Current through 2024-29, July 17, 2024
Nothing in this regulation is intended to affect any
				  Pretreatment Requirements, including any standards or prohibitions, established
				  by State or local law as long as the State or local requirements are not less
				  stringent than any set forth in National Pretreatment Standards, or any other
				  requirements or prohibitions established under the Act or this regulation.
				  States with an NPDES (MEPDES) permit program approved in accordance with
				  section 402(b) and (c) of the Act, or States requesting NPDES programs, are
				  responsible for developing a State pretreatment program in accordance with
				  40
				  CFR 403.10.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-6 - National pretreatment standards: Prohibited discharges [see 40 CFR 403.5]

Current through 2024-29, July 17, 2024
(a)
(1) General prohibitions. A User may not
				introduce into a POTW any pollutant(s) which cause Pass Through or
				Interference. These general prohibitions and the specific prohibitions in
				paragraph (b) of this section apply to each User introducing pollutants into a
				POTW whether or not the User is subject to other National Pretreatment
				Standards or any national, State, or local Pretreatment Requirements.
(2) Affirmative Defenses. A User shall have
				an affirmative defense in any action brought against it alleging a violation of
				the general prohibitions established in paragraph (a)(1) of this section and
				the specific prohibitions in paragraphs (b)(3), (b)(4), (b)(5), (b)(6), and
				(b)(7) of this section where the User can demonstrate that:
(i) It did not know or have reason to know
				that its Discharge, alone or in conjunction with a discharge or discharges from
				other sources, would cause Pass Through or Interference; and
(ii)
(A) A
				local limit designed to prevent Pass Through and/or Interference, as the case
				may be, was developed in accordance with paragraph (c) of this section for each
				pollutant in the User's Discharge that caused Pass Through or Interference, and
				the User was in compliance with each such local limit directly prior to and
				during the Pass Through or Interference; or
(B) If a local limit designed to prevent Pass
				Through and/or Interference, as the case may be, has not been developed in
				accordance with paragraph (c) of this section for the pollutant(s) that caused
				the Pass Through or Interference, the User's Discharge directly prior to and
				during the Pass Through or Interference did not change substantially in nature
				or constituents from the User's prior discharge activity when the POTW was
				regularly in compliance with the POTW's MEPDES permit requirements and, in the
				case of Interference, applicable requirements for sewage sludge use or
				disposal.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-8 - Removal credits [see 40 CFR 403.7]

Current through 2024-29, July 17, 2024
(a)
				Introduction--
(1) Definitions. For the
				purpose of this section:
(i) Removal means a
				reduction in the amount of a pollutant in the POTW's effluent or alteration of
				the nature of a pollutant during treatment at the POTW. The reduction or
				alteration can be obtained by physical, chemical or biological means and may be
				the result of specifically designed POTW capabilities or may be incidental to
				the operation of the treatment system. Removal as used in this subpart shall
				not mean dilution of a pollutant in the POTW.
(ii) Sludge Requirements shall mean the
				following statutory provisions and regulations or permits issued thereunder (or
				more stringent State or local regulations): Section 405 of the Clean Water Act;
				the Solid Waste Disposal Act (SWDA) (including title II more commonly referred
				to as the Resource Conservation Recovery Act (RCRA)and State regulations
				contained in any State sludge management plan prepared pursuant to subtitle D
				of SWDA); the Clean Air Act; the Toxic Substances Control Act; and the Marine
				Protection, Research and Sanctuaries Act.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-10 - POTW pretreatment programs and/or authorization to revise pretreatment standards: Submission for approval [see 40 CFR 403.9]

Current through 2024-29, July 17, 2024
(a) Who approves Program. A POTW requesting
				approval of a POTW Pretreatment Program shall develop a program description
				which includes the information set forth in paragraphs (b)(1) through (4) of
				this section. This description shall be submitted to the Approval Authority
				which will make a determination on the request for program approval in
				accordance with the procedures described in Section 11.
(b) Contents of POTW program submission. 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
				carryout the programs described in Section 9. This statement shall:
(i) Identify the provision of the legal
				authority under Section 9(f)(1) which provides the basis for each procedure
				under Section 9(f)(2);
(ii)
				Identify the manner in which the POTW will implement the program requirements
				set forth in Section 9, including the means by which Pretreatment Standards
				will be applied to individual Industrial Users (e.g., by order, permit,
				ordinance, etc.); and,
(iii)
				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;
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-11 - Approval procedures for POTW pretreatment programs and POTW granting of removal credits [see 40 CFR 403.11]

Current through 2024-29, July 17, 2024
The following procedures shall be adopted in approving or
				  denying requests for approval of POTW Pretreatment Programs and applications
				  for removal credit authorization:
(a)
				Deadline for review of submission. The Approval Authority shall have 90 days
				from the date of public notice of any Submission complying with the
				requirements of Section 10(b) and, where removal credit authorization is sought
				with Section 8(e) and Section 10(d), to review the Submission. The Approval
				Authority shall review the Submission to determine compliance with the
				requirements of Section 9(b) and (f), and, where removal credit authorization
				is sought, with Section 8. The Approval Authority may have up to an additional
				90 days to complete the evaluation of the Submission if the public comment
				period provided for in paragraph (b)(1)(ii) of this section is extended beyond
				30 days or if a public hearing is held as provided for in paragraph (b)(2) of
				this section. In no event, however, shall the time for evaluation of the
				Submission exceed a total of 180 days from the date of public notice of a
				Submission meeting the requirements of Section 10(b) and, in the case of a
				removal credit application, Sections 8(e) and 10(b).
(b) Public notice and opportunity for
				hearing. Upon receipt of a Submission the Approval Authority shall commence its
				review. Within 20 work days after making a determination that a Submission
				meets the requirements of Section 10(b) and, where removal allowance approval
				is sought, Sections 8(d) and 10(d), the Approval Authority shall:
(1) Issue a public notice of request for
				approval of the Submission, consistent with procedures in Chapter 2 and 522;
(i) This public notice shall be circulated in
				a manner designed to inform interested and potentially interested persons of
				the Submission. Procedures for the circulation of public notice shall include:
(A) Mailing notices of the request for
				approval of the Submission to designated 208 planning agencies, Federal and
				State fish, shellfish, and wildlife resource agencies; and to any other person
				or group who has requested individual notice, including those on appropriate
				mailing lists; and
(B) Publication
				of a notice of request for approval of the Submission in the largest daily
				newspaper within the jurisdiction(s) served by the POTW.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-13 - Variances from categorical pretreatment standards for fundamentally different factors [see 40 CFR 403.13]

Current through 2024-29, July 17, 2024
(a) Definition. The
				term Requester means an Industrial User or a POTW or other interested person
				seeking a variance from the limits specified in a categorical Pretreatment
				Standard.
(b) Purpose and scope. In
				establishing categorical Pretreatment Standards for existing sources, the EPA
				will take into account all the information it can collect, develop and solicit
				regarding the factors relevant to pretreatment standards under section 307(b)
				of the Act. In some cases, information which may affect these Pretreatment
				Standards will not be available or, for other reasons, will not be considered
				during their development. As a result, it may be necessary on a case-by-case
				basis to adjust the limits in categorical Pretreatment Standards, making them
				either more or less stringent, as they apply to a certain Industrial User
				within an industrial category or subcategory. This will only be done if data
				specific to that Industrial User indicates it presents factors fundamentally
				different from those considered by EPA in developing the limit at issue. Any
				interested person believing that factors relating to an Industrial User are
				fundamentally different from the factors considered during development of a
				categorical Pretreatment Standard applicable to that User and further, that the
				existence of those factors justifies a different discharge limit than specified
				in the applicable categorical Pretreatment Standard, may request a
				fundamentally different factors variance under this section or such a variance
				request may be initiated by the EPA.
(c) Criteria--
(1) General criteria. A request for a
				variance based upon fundamentally different factors shall be approved only if:
(i) There is an applicable categorical
				Pretreatment Standard which specifically controls the pollutant for which
				alternative limits have been requested; and
(ii) Factors relating to the discharge
				controlled by the categorical Pretreatment Standard are fundamentally different
				from the factors considered by EPA in establishing the Standards; and
(iii) The request for a variance is made in
				accordance with the procedural requirements in paragraphs (g) and (h) of this
				section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-14 - Confidentiality [see 40 CFR 403.14]

Current through 2024-29, July 17, 2024
(a) EPA
				authorities. In accordance with 40 CFR part 2, any information submitted to EPA
				pursuant to these regulations may be claimed as confidential by the submitter.
				Any such claim must be asserted at the time of submission in the manner
				prescribed on the application form or instructions, or, in the case of other
				submissions, by stamping the words ``confidential business information'' on
				each page containing such information. If no claim is made at the time of
				submission, EPA may make the information available to the public without
				further notice. If a claim is asserted, the information will be treated in
				accordance with the procedures in 40 CFR part 2 (Public Information).
(b) Effluent data. Information and data
				provided to the Control Authority pursuant to this part which is effluent data
				shall be available to the public without restriction.
(c) State or POTW. All other information
				which is submitted to the State or POTW shall be available to the public at
				least to the extent provided by
				40
				CFR 2.302.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-15 - Net/Gross calculation [see 40 CFR 403.15]

Current through 2024-29, July 17, 2024
(a) Application. Categorical Pretreatment
				Standards may be adjusted to reflect the presence of pollutants in the
				Industrial User's intake water in accordance with this section._Any Industrial
				User wishing to obtain credit for intake pollutants must make application to
				the Control Authority. Upon request of the Industrial User, the applicable
				Standard will be calculated on a ``net'' basis (i.e., adjusted to reflect
				credit for pollutants in the intake water) if the requirements of
				paragraph (b) of this section are
				met.
(b) Criteria.
(1) Either:
(i) The applicable categorical Pretreatment
				Standards contained in 40 CFR subchapter N specifically provide that they must
				be applied on a net basis, or
(ii)The Industrial User must demonstrate that
				the control system it proposes or uses to meet applicable categorical
				Pretreatment Standards would, if properly installed and operated, meet the
				Standards in the absence of pollutants in the intake waters.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-16 - Upset provision [see 40 CFR 403.16]

Current through 2024-29, July 17, 2024
(a)
				Definition. For the purposes of this section, Upset means an exceptional
				incident in which there is unintentional and temporary noncompliance with
				categorical Pretreatment Standards because of factors beyond the reasonable
				control of the Industrial User and all the requirements of 38 MRSA §349(9)
				are met. An Upset does not include noncompliance to the extent caused by
				operational error, improperly designed treatment facilities, inadequate
				treatment facilities, lack of preventive maintenance, or careless or improper
				operation.
(b) Effect of an upset.
				An Upset shall constitute an affirmative defense to an action brought for
				noncompliance with categorical Pretreatment Standards if the requirements of
				paragraph (c) are met.
(c)
				Conditions necessary for a demonstration of upset. An Industrial User who
				wishes to establish the affirmative defense of Upset shall demonstrate, through
				properly signed, contemporaneous operating logs, or other relevant evidence
				that:
(1) An Upset occurred and the
				Industrial User can identify the cause(s) of the Upset;
(2) The facility was at the time being
				operated in a prudent and workman-like manner and in compliance with applicable
				operation and maintenance procedures;
(3) The Industrial User has submitted the
				following information to the POTW and Control Authority within 24 hours of
				becoming aware of the Upset (if this information is provided orally, a written
				submission must be provided within five days):
(i) A description of the Indirect Discharge
				and cause of noncompliance;
(ii)
				The period of noncompliance, including exact dates and times or, if not
				corrected, the anticipated time the noncompliance is expected to
				continue;
(iii) Steps being taken
				and/or planned to reduce, eliminate and prevent recurrence of the
				noncompliance.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-17 - Bypass [see 40 CFR 403.17]

Current through 2024-29, July 17, 2024
(a) Definitions.
(1) Bypass means the intentional diversion of
				wastestreams from any portion of an Industrial User's treatment
				facility.
(2) Severe property
				damage means substantial physical damage to property, damage to the treatment
				facilities which causes them to become inoperable, or substantial and permanent
				loss of natural resources which can reasonably be expected to occur in the
				absence of a bypass. Severe property damage does not mean economic loss caused
				by delays in production.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-18 - Modification of POTW Pretreatment Programs [see 40 CFR 403.18]

Current through 2024-29, July 17, 2024
(a) General. Either the Approval Authority or
				a POTW with an approved POTW Pretreatment Program may initiate program
				modification at any time to reflect changing conditions at the POTW. Program
				modification is necessary whenever there is a significant change in the
				operation of a POTW Pretreatment Program that differs from the information in
				the POTW's Submission, as approved under Section 11.
(b) Procedures. POTW Pretreatment Program
				modifications shall be accomplished as follows:
(1) For substantial modifications, as defined
				in paragraph (c) of this section:
(i) The
				POTW shall submit to the Approval Authority a statement of the basis for the
				desired modification, a modified program description (see, Section 10(b) ), or
				such other documents the Approval Authority determines to be necessary under
				the circumstances.
(ii) The
				Approval Authority shall approve or disapprove the modification based on the
				requirements of Section 9(f), following the procedures in Section
				11(b)-(f).
(iii) The modification
				shall be incorporated into the POTW's MEPDES permit after approval.
(iv) The modification shall become effective
				upon approval by the Approval Authority. Notice of approval shall be published
				in the same newspaper as the notice of the original request for approval of the
				modification under Section 11(b)(1)(i)(B).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Appendix 096-528-E - Sampling Procedures

Current through 2024-29, July 17, 2024
I. Composite Method
A. It is recommended that influent and
				effluent operational data be obtained through 24-hour flow proportional
				composite samples. Sampling may be done manually or automatically, and
				discretely or continuously. If discrete sampling is employed, at least 12
				aliquots should be composted. Discrete sampling may be flow proportioned either
				by varying the time interval between each aliquot or the volume of each
				aliquot. All composites should be flow proportional to either the stream flow
				at the time of collection of the influent aliquot or to the total influent flow
				since the previous influent aliquot. Volatile pollutant aliquots must be
				combined in the laboratory immediately before analysis.
B. Effluent sample collection need not be
				delayed to compensate for hydraulic detention unless the POTW elects to include
				detention time compensation or unless the Approval Authority requires detention
				time compensation. The Approval Authority may require that each effluent sample
				is taken approximately one detention time later than the corresponding influent
				sample when failure to do so would result in an unrepresentative portrayal of
				actual POTW operation. The detention period should be based on a 24-hour
				average daily flow value. The average daily flow should in turn be based on the
				average of the daily flows during the same month of the previous
				year.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 529 - GENERAL PERMITS FOR CERTAIN WASTEWATER DISCHARGES › Section 096-529-1 - References to Federal Regulations

Current through 2024-29, July 17, 2024
Portions of this rule refer to federal regulations of the
				  United States Environmental Protection Agency (EPA). Unless otherwise
				  specified, the federal regulations referenced are those regulations effective
				  as of July 1, 2006, as they appear in volume 40 of the Code of Federal
				  Regulations (CFR), U.S. Government Printing Office, 732 N Capitol St. NW,
				  Washington, D.C.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 529 - GENERAL PERMITS FOR CERTAIN WASTEWATER DISCHARGES › Section 096-529-2 - Issuance of general permits [see 40 CFR 122.28]

Current through 2024-29, July 17, 2024
(a) Coverage. The Department may issue a
				general permit in accordance with the following:
(1) Area. The general permit shall be written
				to cover one or more categories or subcategories of discharges or facilities
				described in the permit under paragraph (a)(2)(ii) of this section, except
				those covered by individual permits, within a geographic area. The area should
				correspond to existing geographic or political boundaries, such as:
(i) Designated planning areas under sections
				208 and 303 of CWA;
(ii) Sewer
				districts or sewer authorities;
(iii) City, county, or State political
				boundaries;
(iv) State highway
				systems;
(v) Standard metropolitan
				statistical areas as defined by the Office of Management and Budget;
(vi) Urbanized areas as designated by the
				Bureau of the Census according to criteria in 30 FR 15202 (May 1, 1974);
				or
(vii) Any other appropriate
				division or combination of boundaries.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 530 - SURFACE WATERS TOXICS CONTROL PROGRAM › Section 096-530-1 - General Provisions

Current through 2024-29, July 17, 2024
A.
Definitions.
The definitions in Chapter 520 are applicable to this
				Chapter.
B.
Discharge of
				toxics limited.
No person may discharge any toxic substance in any
				amount or concentration, either alone or in combination with substances already
				in the receiving water or discharge, that may cause or contribute to the
				failure of any classified body of surface water to attain its existing and
				designated uses or to meet narrative or numeric water quality
				criteria.
C.
Applications for
				discharge licenses.
A person filing an application with the Department
				for a waste discharge license must identify in that application all substances
				that may be discharged and are toxic or have toxic characteristics. The
				Department may require a person to conduct additional testing or provide
				additional information to supplement or amend a license application as
				necessary to fully characterize an existing or proposed discharge in order to
				determine the potential for the discharge of toxic substances. This may be in
				addition to routine testing otherwise required by this rule.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 530 - SURFACE WATERS TOXICS CONTROL PROGRAM › Section 096-530-2 - WET Testing and Chemical-Specific Testing for Toxic Pollutants

Current through 2024-29, July 17, 2024
A.
Dischargers subject to this
				section
All licensed dischargers of industrial process wastewater or
				  domestic wastes discharging to surface waters of the State must meet the
				  testing requirements of this section. Dischargers of other types of wastewater
				  are subject to this subsection when and if the Department determines that
				  toxicity of effluents may have reasonable potential to cause or contribute to
				  exceedences of narrative or numerical water quality criteria. For the purposes
				  of this rule, industrial process wastewater is that which comes in contact with
				  or results from a manufactured product, except for those processes that involve
				  only washing and/or packing a raw material without addition of chemicals to the
				  product.
The following dischargers are exempt from testing
				  requirements of this rule unless the Department determines that there is a need
				  for testing based on the nature, location or circumstances of an individual
				  discharge.
(1) Discharges from
				individual discharge points licensed to discharge less than 50,000 gallons per
				day of solely domestic wastewater and with a chronic dilution factor of at
				least 50 to 1, provided no holding tank wastes containing chemicals are
				accepted by the facility;
(2)
				Discharges from residential overboard discharge systems; or
(3) Discharges from combined sewer overflow
				discharge points, provided the owner of the sewerage system is conducting or
				participating in a discharge abatement program. See Chapter 570, Combined Sewer
				Overflow Abatement.