Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES › Rule 19 - POTW Pretreatment Programs › Section 19-3 - POTW pretreatment program requirements

Current through July 10, 2024
Authority: 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.