Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-9 - Pretreatment Program Requirements: Development and Implementation by POTW [see 40 CFR 403.8]

Current through 2024-29, July 17, 2024
(a) POTWs required
				to develop a pretreatment program. Any POTW (or combination of POTWs operated
				by the same authority) with a total design flow greater than 5 million gallons
				per day (mgd) and receiving from Industrial Users pollutants which Pass Through
				or Interfere with the operation of the POTW or are otherwise subject to
				Pretreatment Standards will be required to establish a POTW Pretreatment
				Program unless the NPDES State exercises its option to assume local
				responsibilities as provided for in
				40
				CFR 403.10(e). The Regional
				Administrator or Department may require that a POTW with a design flow of 5 mgd
				or less develop a POTW Pretreatment Program if he or she finds that the nature
				or volume of the industrial influent, treatment process upsets, violations of
				POTW effluent limitations, contamination of municipal sludge, or other
				circumstances warrant in order to prevent Interference with the POTW or Pass
				Through.
(b) Deadline for Program
				Approval. A POTW which meets the criteria of paragraph (a) of this section must
				receive approval of a POTW Pretreatment Program no later than 3 years after the
				reissuance or modification of its existing NPDES (MEPDES) permit but in no case
				later than July 1, 1983. POTWs whose NPDES (MEPDES) permits are modified under
				section 301(h) of the Act shall have a Pretreatment Program within three (3)
				years as provided for in 40 CFR part 125, subpart G. POTWs identified after
				July 1, 1983 as being required to develop a POTW Pretreatment Program under
				paragraph (a) of this section shall develop and submit such a program for
				approval as soon as possible, but in no case later than one year after written
				notification from the Approval Authority of such identification. The POTW
				Pretreatment Program shall meet the criteria set forth in paragraph (f) of this
				section and shall be administered by the POTW to ensure compliance by
				Industrial Users with applicable Pretreatment Standards and
				Requirements.
(c) Incorporation of
				approved programs in permits. A POTW may develop an appropriate POTW
				pretreatment program any time before the time limit set forth in paragraph (b)
				of this section. If the POTW is located in a State which has an approved State
				permit program under section 402 of the Act and an approved State pretreatment
				program in accordance with
				40
				CFR 403.10, or if the POTW is located in a
				State which does not have an approved permit program under section 402 of the
				Act, the POTW's NPDES (MEPDES) Permit will be reissued or modified by the NPDES
				State or EPA, respectively, to incorporate the approved Program conditions as
				enforceable conditions of the Permit.
(d) Incorporation of compliance schedules in
				permits. [Reserved].
(e) Cause for
				reissuance or modification of Permits. Under the authority of section
				402(b)(1)(C) of the Act, the Approval Authority may modify, or alternatively,
				revoke and reissue a POTW's Permit in order to:
(1) Put the POTW on a compliance schedule for
				the development of a POTW Pretreatment Program where the addition of pollutants
				into a POTW by an Industrial User or combination of Industrial Users presents a
				substantial hazard to the functioning of the treatment works, quality of the
				receiving waters, human health, or the environment;
(2) Coordinate the issuance of a section 201
				construction grant with the incorporation into a permit of a compliance
				schedule for POTW Pretreatment Program;
(3) Incorporate a modification of the permit
				approved under
S
ection 301(h) or 301(i)
				of the Act;
(4) Incorporate an
				approved POTW Pretreatment Program in the POTW permit; or
(5) Incorporate a compliance schedule for the
				development of a POTW Pretreatment program in the POTW permit.
(6) Incorporate the removal credits
				(established under Section 8 ) in the POTW permit.