Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 528 - PRETREATMENT PROGRAM › Section 096-528-12 - Reporting requirements for POTW's and industrial users [see 40 CFR 403.12]

Current through 2024-29, July 17, 2024
(a) Definition. The
				term Control Authority as it is used in this section refers to: (1) The POTW if
				the POTW's Submission for its pretreatment program (Section 4(t)(1) ) has been
				approved in accordance with the requirements of Section 11; or(2) the Approval
				Authority if the Submission has not been approved.
(b) Reporting requirements for industrial
				users upon effective date of categorical pretreatment standard--baseline
				report. 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 Section 7(a)(4), whichever is later,
				existing Industrial Users subject to such categorical Pretreatment Standards
				and currently discharging to or scheduled to discharge to a POTW shall be
				required to submit to the Control Authority a report which contains the
				information listed in paragraphs (b)(1)-(7) of this section. At least 90 days
				prior to commencement of discharge, New Sources, and sources that become
				Industrial Users subsequent to the promulgation of an applicable categorical
				Standard, shall be required to submit to the Control Authority a report which
				contains the information listed in paragraphs (b)(1)-(5) of this section. 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 paragraphs (b) (4) and (5) of this section:
(1) Identifying information. The User shall
				submit the name and address of the facility including the name of the operator
				and owners;
(2) Permits. The User
				shall submit a list of any environmental control permits held by or for the
				facility;
(3) Description of
				operations. The User shall submit a brief description of the nature, average
				rate of production, and Standard Industrial Classification of the operation(s)
				carried out by such Industrial User. This description should include a
				schematic process diagram which indicates points of Discharge to the POTW from
				the regulated processes.
(4) Flow
				measurement. The User shall submit information showing the measured average
				daily and maximum daily flow, in gallons per day, to the POTW from each of the
				following:
(i) Regulated process streams;
				and
(ii) Other streams as necessary
				to allow use of the combined wastestream formula of Section 7(e). (See
				paragraph (b)(5)(v) of this section.)
The Control Authority may allow for verifiable estimates of
				  these flows where justified by cost or feasibility considerations.
(5) Measurement of
				pollutants.
(i) The user shall identify the
				Pretreatment Standards applicable to each regulated process;
(ii) In addition, the 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. In cases where the standard
				requires compliance with a Best Management Practice or pollution prevention
				alternative, the User shall submit documentation as required by the Control
				Authority or the applicable Standards to determine compliance with the
				Standard;
(iii) A minimum of four
				(4) grab samples must be used for pH, cyanide, total phenols, oil and grease,
				sulfide, and volatile organics. For all other pollutants, 24-hour composite
				samples must be obtained through flow-proportional composite sampling
				techniques where feasible. The Control Authority may waive flow-proportional
				composite sampling for any Industrial 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 four (4) grab samples where the User demonstrates that this will
				provide are representative sample of the effluent being discharged.
(iv) The User shall take a minimum of one
				representative sample to compile that data necessary to comply with the
				requirements of this paragraph.
(v)
				Samples should be taken immediately downstream from pretreatment facilities if
				such exist or immediately downstream from the regulated process if no
				pretreatment exists. If other wastewaters are mixed with the regulated
				wastewater prior to pretreatment the User should measure the flows and
				concentrations necessary to allow use of the combined wastestream formula of
				Section 7(e) in order to evaluate compliance with the Pretreatment Standards.
				Where an alternate concentration or mass limit has been calculated in
				accordance with Section 7(e) this adjusted limit along with supporting data
				shall be submitted to the Control Authority;
(vi) Sampling and analysis shall be performed
				in accordance with the techniques prescribed in 40 CFR part 136 and amendments
				thereto. Where 40 CFR part 136 does not contain sampling or analytical
				techniques for the pollutant in question, or where the Administrator determines
				that the part 136 sampling and analytical techniques are inappropriate for the
				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 POTW or other parties,
				approved by the Administrator;
(vii) The Control Authority may allow the
				submission of a baseline report which utilizes only historical data so long as
				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
				methods of analysis, and shall certify that such sampling and analysis is
				representative of normal work cycles and expected pollutant Discharges to the
				POTW;
(6) Certification.
				A statement, reviewed by an authorized representative of the Industrial User
				(as defined in paragraph (k) of this section) 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 (O
				and M) and/or additional pretreatment is required for the Industrial User to
				meet the Pretreatment Standards and Requirements; and
(7) Compliance schedule. If additional
				pretreatment and/or O and M will be required to meet the Pretreatment
				Standards; the shortest schedule by which the Industrial User will provide such
				additional pretreatment and/or O and M. The completion date in this schedule
				shall not be later than the compliance date established for the applicable
				Pretreatment Standard.
(i) Where the
				Industrial User's categorical Pretreatment Standard has been modified by a
				removal allowance (Section 8 ), the combined wastestream formula (Section 7(e)
				), and/or a Fundamentally Different Factors variance (Section 13 ) at the time
				the User submits the report required by paragraph (b) of this section, the
				information required by paragraphs (b)(6) and (7) of this section shall pertain
				to the modified limits.
(ii) If the
				categorical Pretreatment Standard is modified by a removal allowance (Section 8
				), the combined wastestream formula(Section 7(e) ), and/or a Fundamentally
				Different Factors variance(Section 13 ) after the User submits the report
				required by paragraph (b) of this section, any necessary amendments to the
				information requested by paragraphs (b)(6) and (7) of this section shall be
				submitted by the User to the Control Authority within 60 days after the
				modified limit is approved.