Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2306 - Industrial pretreatment program requirements; legal authority

Current through Vol. 24-12, July 15, 2024
Rule 6. A publicly owned treatment works subject to
					 industrial pretreatment program requirements in accordance with R 323.2305(2)
					 shall develop a pretreatment program based, at a minimum, on the following
					 legal authority and procedures:
(a)
				  The publicly owned treatment works shall operate pursuant to legal authority
				  enforceable in federal or state courts that authorizes or enables the publicly
				  owned treatment works to apply and to enforce the requirements of section 3109
				  of the act and sections 307(b) and (c) and 402(b)(8) of the clean water act and
				  any rules or regulations implementing those sections within its service area.
				  The authority may be contained in a statute, ordinance, or series of contracts
				  or interjurisdictional agreements which the publicly owned treatment works is
				  authorized to enact, enter into, or implement and which are authorized by state
				  law. At a minimum, the legal authority shall enable the publicly owned
				  treatment works to do all of the following:
(i) Deny or condition new or increased
				  contributions of pollutants, or changes in the nature of pollutants, to the
				  publicly owned treatment works by nondomestic users where the contributions do
				  not meet applicable pretreatment standards and requirements or where the
				  contributions would cause the publicly owned treatment works to violate its
				  national pollutant discharge elimination system permit.
(ii) Require compliance with applicable
				  pretreatment standards and requirements by nondomestic users.
(iii) Control, through permit, the
				  contribution to the publicly owned treatment works by each significant
				  industrial user to ensure compliance with applicable pretreatment standards and
				  requirements. Permits shall be enforceable and contain, at a minimum, the
				  following conditions:
(A) A statement of the
				  duration of the permit, which shall not be more than 5 years.
(B) A statement of permit nontransferability
				  without prior notification to the publicly owned treatment works and provision
				  of a copy of the existing permit to the new owner or operator.
(C) Effluent limits based on applicable
				  general pretreatment standards, categorical pretreatment standards, local
				  limits, and state and local law.
(D) Self-monitoring, sampling, reporting,
				  notification, and recordkeeping requirements, including identification of the
				  pollutants to be monitored, sampling location, sampling frequency, and sample
				  type, based on the applicable general pretreatment standards, categorical
				  pretreatment standards, local limits, and state and local law.
(E) A statement of applicable civil and
				  criminal penalties for violation of pretreatment standards and requirements and
				  any applicable compliance schedule. The schedule may not extend the compliance
				  date beyond applicable federal deadlines.
(iv) Require the development of a compliance
				  schedule by each nondomestic user for the installation of technology required
				  to meet applicable pretreatment standards and requirements and require the
				  submission of all notices and self-monitoring reports from nondomestic users
				  that are necessary to assess and assure compliance by nondomestic users with
				  pretreatment standards and requirements, including the reports required in R
				  323.2310.
(v) Carry out all
				  inspection, surveillance, and monitoring procedures necessary to determine,
				  independent of information supplied by nondomestic users, compliance or
				  noncompliance with applicable pretreatment standards and requirements by
				  nondomestic users. Representatives of the publicly owned treatment works shall
				  be authorized to enter any premises of any nondomestic user in which a
				  discharge source or treatment system is located or in which records are
				  required to be kept under R 323.2310 to assure compliance with pretreatment
				  standards. The authority shall be at least as extensive as the authority
				  provided under section 308 of the clean water act and section 3105 of the
				  act.
(vi) Obtain remedies for
				  noncompliance by any nondomestic user with any pretreatment standard and
				  requirement. All publicly owned treatment works shall be able to seek
				  injunctive relief for noncompliance by nondomestic users with pretreatment
				  standards and requirements. All publicly owned treatment works shall also have
				  authority to seek or assess civil or criminal penalties as authorized by state
				  law for each violation by nondomestic users of pretreatment standards and
				  requirements. Pretreatment requirements that will be enforced through the
				  remedies in this subrule include the following:
(A) The duty to allow or carry out
				  inspections, entry, or monitoring activities.
(B) Any rules, regulations, or orders issued
				  by the publicly owned treatment works.
(C) Any requirements set forth in permits
				  issued by the publicly owned treatment works.
(D) Any reporting requirements imposed by the
				  publicly owned treatment works or these rules. The publicly owned treatment
				  works shall have authority and procedures, after informal notice to the
				  discharger, to immediately and effectively halt or prevent any discharge of
				  pollutants to the publicly owned treatment works that reasonably appears to
				  present an imminent endangerment to the health or welfare of persons. The
				  publicly owned treatment works shall also have authority and procedures, which
				  shall include notice to the affected nondomestic users and an opportunity to
				  respond, to halt or prevent any discharge to the publicly owned treatment works
				  which presents or may present an endangerment to the environment or which
				  threatens to interfere with the operation of the publicly owned treatment
				  works.
(vii) Comply with
				  the confidentiality requirements set forth in R 323.2314.