Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2310 - Reporting requirements for publicly owned treatment works and nondomestic users

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				  control authority may require the submission of data in a standardized
				  format.
(2) Within 180 days after
				  the effective date of a categorical pretreatment standard, or 180 days after
				  the final administrative decision made upon a category determination submission
				  under R 323.2311(2), whichever is later, existing nondomestic users subject to
				  the categorical pretreatment standards and currently discharging, or scheduled
				  to discharge, to a publicly owned treatment works shall be required to submit,
				  to the control authority, a report that contains all of the information listed
				  in this rule. Where reports containing this information already have been
				  submitted to the approval authority or E.P.A. in compliance with the
				  requirements of 40 C.F.R. §128.140(b) (1977), the nondomestic user will
				  not be required to submit the information again. Not less than 90 days before
				  the commencement of a discharge, sources that become nondomestic users
				  subsequent to the promulgation of an applicable categorical standard and new
				  sources shall be required to submit, to the control authority, a report that
				  contains the information listed in subdivisions (a) to (e) of this subrule. New
				  sources shall also be required to include in this report information on the
				  method of pretreatment the source intends to use to meet applicable
				  pretreatment standards. New sources shall give estimates of the information
				  requested in subdivisions (d) and (e) of this rule. All of the following
				  information shall be submitted pursuant to this rule:
(a) The nondomestic user shall submit the
				  name and address of the facility including the name of the operator and
				  owners.
(b) The nondomestic user
				  shall submit a list of any environmental control permits held by or for the
				  facility.
(c) The nondomestic user
				  shall submit a brief description of the nature, average rate of production, and
				  standard industrial classification of the operation or operations carried out
				  by the nondomestic user. The description should include a facility drawing and
				  schematic process diagram that indicates points of discharge to the publicly
				  owned treatment works and from which processes the discharges
				  originate.
(d) The nondomestic user
				  shall submit information showing the measured average daily and maximum daily
				  flow, in gallons per day, to the publicly owned treatment works from each of
				  the following:
(i) Regulated process
				  streams.
(ii) Other streams as
				  necessary to allow use of the combined wastestream formula specified in R
				  323.2311(6). The control authority may allow for verifiable estimates of these
				  flows where justified by cost or feasibility considerations.
(e) All of the following
				  information shall be provided with respect to the measurement of pollutants:
(i) The nondomestic user shall identify the
				  pretreatment standards, including state or local standards, applicable to each
				  regulated process.
(ii) In
				  addition, the nondomestic user shall submit the results of sampling and
				  analysis identifying the nature and concentration or mass, where required by
				  the standard or control authority, of regulated pollutants in the discharge
				  from each regulated process. Both daily maximum and average concentration or
				  mass, where required, shall be reported. The sample shall be representative of
				  daily operations.
(iii) A minimum
				  of 4 grab samples shall be used for pH, cyanide, total phenols, oil and grease,
				  sulfide, and volatile organics. For all other pollutants, 24-hour composite
				  samples shall be obtained through flow-proportional composite sampling
				  techniques where feasible. The control authority may waive flow-proportional
				  composite sampling for any nondomestic user that demonstrates that
				  flow-proportional sampling is infeasible. In such cases, samples may be
				  obtained through time-proportional composite sampling techniques or through a
				  minimum of 4 grab samples where the user demonstrates that this will provide a
				  representative sample of the effluent being discharged.
(iv) With the exception of the pollutants
				  specified in paragraph (iii) of this subdivision, the user shall take a minimum
				  of 1 representative sample to compile the data necessary to comply with the
				  requirements of this subrule.
(v)
				  Samples should be taken immediately downstream from pretreatment facilities if
				  the facilities exist or immediately downstream from the regulated process if
				  pretreatment facilities do not exist. If other wastewaters are mixed with the
				  regulated wastewater before pretreatment, the nondomestic user should measure
				  the flows and concentrations necessaryto allow use of the combined wastestream
				  formula specified in R 323.2311(7) to evaluate compliance with the pretreatment
				  standards. Where an alternate concentration or mass limit has been calculated
				  in accordance with R 323.2311(5), the adjusted limit and supporting data shall
				  be submitted to the control authority.
(vi) Sampling and analysis shall be performed
				  in accordance with the techniques prescribed in 40 C.F.R. part 136 (1992).
				  Where 40 C.F.R. part 136 (1992) does not contain sampling or analytical
				  techniques for the pollutant in question, or where the E.P.A. determines that
				  the part 136 (1992) sampling and analytical techniques are inappropriate for
				  them pollutant in question, sampling and analysis shall be performed by using
				  validated analytical methods or any other applicable sampling and analytical
				  procedures, including procedures suggested by the publicly owned treatment
				  works or other parties, approved by the E.P.A.
(vii) The control authority may allow the
				  submission of a baseline report that utilizes only historical data if the data
				  provides information sufficient to determine the need for industrial
				  pretreatment measures.
(viii) The
				  baseline report shall indicate the time, date, and place of sampling and the
				  methods of analysis and shall certify that the sampling and analysis is
				  representative of normal work cycles and expected pollutant discharges to the
				  publicly owned treatment works.
(f) A statement, reviewed by an authorized
				  representative of the nondomestic user and certified to by a qualified
				  professional, indicating whether pretreatment standards are being met on a
				  consistent basis and, if not, whether additional operation and maintenance or
				  additional pretreatment is required for the nondomestic user to meet the
				  pretreatment standards and requirements.
(g) If additional pretreatment or operation
				  and maintenance will be required to meet the pretreatment standards, the
				  shortest schedule by which the nondomestic user will provide such additional
				  pretreatment or operation and maintenance. The completion date in the schedule
				  shall not be later than the compliance date established for the applicable
				  pretreatment standard. All of the following conditions shall apply to
				  compliance schedules:
(i) The schedule shall
				  contain increments of progress in the form of dates for the commencement and
				  completion of major events leading to the construction and operation of
				  additional pretreatment required for the nondomestic user to meet the
				  applicable categorical pretreatment standards. The events may include any of
				  the following:
(A) The hiring of an
				  engineer.
(B) Completing
				  preliminary plans.
(C) Completing
				  final plans.
(D) Executing
				  contracts for major components.
(E)
				  Commencing construction.
(F)
				  Completing construction.
(G) Other
				  similar major events.
(ii) An increment referred to in this subrule
				  shall not be more than 9 months.
(iii) Not later than 14 days following each
				  date in the schedule and the final date for compliance, the nondomestic user
				  shall submit a progress report to the control authority, including, at a
				  minimum, whether or not the user complied with the increment of progress to be
				  met on a particular date and, if not, the date on which the user expects to
				  comply with the increment of progress, the reason for delay, and the steps
				  being taken by the nondomestic user to return the construction to the schedule
				  established. Not more than 9 months shall elapse between progress reports to
				  the control authority.
(h) Where the nondomestic user's categorical
				  pretreatment standard has been modified by a removal allowance under R
				  323.2313(a), the combined wastestream formula under R 323.2311(7) or a
				  fundamentally different factors variance under R 323.2313(b) at the time the
				  nondomestic user submits the report required by this rule, the information
				  required by subdivisions (f) and (g) of this subrule shall pertain to the
				  modified limits.
(i) Any changes to
				  information requested under subdivisions (a) to (e) of this subrule shall be
				  submitted by the nondomestic user to the control authority within 60
				  days.