North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Appendix A - REQUIRED PUBLICLY OWNED TREATMENT WORKS PRETREATMENT PROGRAM ELEMENTS

Current through Supplement No. 393, July, 2024
Legal authority.
The publicly owned treatment
				  works (POTWs) shall operate pursuant to legal authority enforceable in federal,
				  state, or local courts, which authorizes or enables the publicly owned
				  treatment works to apply and to enforce the requirements of sections 307(b) and
				  (c), and 402(b)(8) of the Federal Water Pollution Control Act and any
				  regulations implementing those sections. Such authority may be contained in a
				  statute, ordinance, joint powers agreements, or similar mechanisms which the
				  publicly owned treatment works is authorized to enact, enter into, or
				  implement, and which are authorized by state law. At a minimum, this legal
				  authority shall enable the publicly owned treatment works to accomplish each of
				  the following actions:
1. Deny or condition new or increased contributions of
				  pollutants, or changes in the nature of pollutants, to the publicly owned
				  treatment works by industrial users if such contributions do not meet
				  applicable pretreatment standards and requirements or if such contributions
				  would cause the publicly owned treatment works to violate its North Dakota
				  pollutant discharge elimination system permit.
2. Require compliance with applicable pretreatment standards
				  and requirements by industrial users.
3. Control through permit, order, or similar means the
				  contribution to the publicly owned treatment works by each industrial user to
				  ensure compliance with applicable pretreatment standards and requirements. In
				  the case of significant industrial users, this control shall be achieved
				  through permits or equivalent individual control mechanisms issued to each such
				  user.
a. At the discretion of the publicly owned treatment works,
				  this control may include use of general control mechanisms if the following
				  conditions are met. All of the facilities to be covered must:
(1) Involve the same or substantially similar types of
				  operations;
(2) Discharge the same types of wastes;
(3) Require the same effluent limitations;
(4) Require the same or similar monitoring; and
(5) In the opinion of the publicly owned treatment works, are
				  more appropriately controlled under a general control mechanism than under
				  individual control mechanisms.
b. To be covered by the general control mechanism, the
				  significant industrial user must file a written request for coverage that
				  identifies its contact information, production processes, the types of wastes
				  generated, the location for monitoring all wastes covered by the general
				  control mechanism, 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, and any other information the publicly owned treatment works
				  deems appropriate. 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 publicly owned treatment works 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 publicly
				  owned treatment works must retain a copy of the general control mechanism
				  documentation to support the publicly owned treatment works' determination that
				  a specific significant industrial user meets the criteria in paragraphs 1
				  through 5 of subdivision a of this subsection, and a copy of the user's written
				  request for coverage for three years after the expiration of the general
				  control mechanism. A publicly owned treatment works 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
				  wastestream formula or net/gross calculations
				  40 CFR
				  403.6(e) and 40 CFR 403.15.
				  Both individual and general control mechanisms must be enforceable and contain,
				  at a minimum, the following conditions:
(1) Statement of duration (in no case more than five
				  years);
(2) Statement of nontransferability without, at a minimum,
				  prior notification to the publicly owned treatment works and provision of a
				  copy of the existing control mechanism to the new owner or operator;
(3) Effluent limits, include best management practices,
				  based on applicable general pretreatment standards in chapter 33-16-01.1,
				  categorical pretreatment standards, local limits, and state and local
				  law;
(4) Self-monitoring, sampling, reporting, notification, and
				  recordkeeping 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 33-16-01.1, categorical pretreatment standards, local
				  limits, and state and local law;
(5) Statement of applicable civil and criminal penalties for
				  violation of pretreatment standards and requirements, and any applicable
				  compliance schedule. Such schedules may not extend the compliance date beyond
				  applicable federal deadlines; and
(6) Requirements to control slug discharges, if determined by
				  the publicly owned treatment works to be necessary.
4. Require:
a. The development of a compliance schedule by each
				  industrial user for the installation of technology required to meet applicable
				  pretreatment standards and requirements; and
b. The submissions of all notices and self-monitoring reports
				  from industrial users as are necessary to assess and assure their compliance
				  with pretreatment standards and requirements, including the reports required in
				  section
				  33-16-01.1-12.
5. 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 publicly
				  owned treatment works shall be authorized to enter any premises of any
				  industrial user in which a discharge source or treatment system is located or
				  in which records are required to be kept under subsection 5 of section
				  33-16-01.1-11
				  to assure compliance with pretreatment standards and requirements. Such
				  authority shall be at least as extensive as the authority provided under
				  section 308 of the Federal Water Pollution Control Act.
6. a. Obtain remedies for noncompliance by any industrial
				  user with any pretreatment standards and requirements. All publicly owned
				  treatment works shall be able to seek injunctive relief for noncompliance by
				  industrial users with pretreatment standards and requirements. All publicly
				  owned treatment works shall also have authority to seek or assess civil or
				  criminal penalties in at least the amount of one thousand dollars a day for
				  each violation by industrial users of pretreatment standards and
				  requirements.
b. Pretreatment standards and requirements which will be
				  enforced through these remedies will include the duty to allow or carry out
				  inspections, entry, or monitoring activities; any rules, regulations, or orders
				  issued by the publicly owned treatment works; any requirements set forth in
				  individual control mechanisms issued by the publicly owned treatment works; or
				  any reporting requirements imposed by the publicly owned treatment works or
				  state or federal regulations. The publicly owned treatment works shall have
				  authority and procedures after informal notice to the discharger immediately
				  and effectively to halt or prevent any discharge of pollutants to the publicly
				  owned treatment works which 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 industrial 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.
7. Comply with the confidentiality requirements set forth in
				  subsection 4 of section
				  33-16-01.1-11.
Procedures.
The publicly owned treatment works
				  shall develop and implement procedures to ensure compliance with the
				  requirements of a pretreatment program. At a minimum, these procedures shall
				  enable the publicly owned treatment works to accomplish each of the following
				  actions:
1. Identify and locate all possible industrial users which
				  might be subject to the publicly owned treatment works pretreatment program.
				  Any compilation, index, or inventory of industrial users made under this
				  subsection shall be made available to the department or regional administrator
				  upon request.
2. Identify the character and volume of pollutants
				  contributed to the publicly owned treatment works by the industrial users which
				  are subject to the publicly owned treatment works pretreatment program. This
				  information shall be made available to the department or regional administrator
				  upon request.
3. Notify industrial users which are subject to the publicly
				  owned treatment works pretreatment program of applicable pretreatment standards
				  and any applicable requirements under sections 204(b) and 405 of the Federal
				  Water Pollution Control Act and subtitles C and D of the Resource Conservation
				  and Recovery Act. Within thirty days of departmental approval of a significant
				  industrial user's list (see "Significant industrial users"), notify each
				  significant industrial user of its status as such and of all requirements
				  applicable to it as a result of such status.
4. Receive and analyze self-monitoring reports and other
				  notices submitted by industrial users in accordance with the self-monitoring
				  requirements in section
				  33-16-01.1-12.
5. Randomly sample and analyze the effluent from industrial
				  users and conduct surveillance activities in order to identify, independent of
				  information supplied by industrial users, occasional and continuing
				  noncompliance with pretreatment standards. Inspect and sample the effluent from
				  each significant industrial user at least once a year, except as otherwise
				  below:
a. Where the publicly owned treatment works has authorized
				  the industrial user subject to a categorical pretreatment standard to forego
				  sampling of a pollutant regulated by a categorical pretreatment standard in
				  accordance with
				  40 CFR
				  403.12(e)(3), the publicly
				  owned treatment works must sample for the waived pollutant at least once during
				  the term of the categorical industrial user's control mechanism. In the event
				  that the publicly owned treatment works subsequently determines that a waived
				  pollutant is present or is expected to be present in the industrial user's
				  wastewater based on changes that occur in the user's operations, the publicly
				  owned treatment works must immediately begin at least annual effluent
				  monitoring of the user's discharge and inspection.
b. Where the publicly owned treatment works has determined
				  that an industrial user meets the criteria for classification as a
				  nonsignificant categorical industrial user, the publicly owned treatment works
				  must evaluate, at least once per year, whether an industrial user continues to
				  meet the criteria in
				  40
				  CFR 403.3(v)(2).
c. In the case of industrial users subject to reduced
				  reporting requirements under
				  40 CFR
				  403.12(e)(3), the publicly
				  owned treatment works must randomly sample and analyze the effluent from
				  industrial users and conduct inspections at least once every two years. If the
				  industrial user no longer meets the conditions for reduced reporting in
				  40 CFR
				  403.12(e)(3), the publicly
				  owned treatment works must immediately begin sampling and inspecting the
				  industrial user at least once per year.
6. Evaluate, at least once every two years, whether each such
				  significant industrial user needs a plan to control slug discharges. For
				  purposes of this subsection, a slug discharge is any discharge of a nonroutine,
				  episodic nature, including an accidental spill or a noncustomary batch
				  discharge. The results of such activities shall be available to the department
				  upon request. If the publicly owned treatment works decides that a slug control
				  plan is needed, the plan shall contain, at a minimum, the following
				  elements:
a. Description of discharge practices, including nonroutine
				  batch discharges;
b. Description of stored chemicals;
c. Procedures for immediately notifying the publicly owned
				  treatment works of slug discharges, including any discharge that would violate
				  a prohibition under subsection 2 of section
				  33-16-01.1-02,
				  with procedures for followup written notification within five days; and
d. If necessary, procedures to prevent adverse impact from
				  accidental spills, including inspection and maintenance of storage areas,
				  handling and transfer of materials, loading and unloading operations, control
				  of plant site runoff, worker training, building of containment structures or
				  equipment, measures for containing toxic organic pollutants (including
				  solvents), and measures and equipment for emergency response.
7. Investigate instances of noncompliance with pretreatment
				  standards and requirements, as indicated in the reports and notices required
				  under section
				  33-16-01.1-12,
				  or indicated by analysis, inspection, and surveillance activities. Sample
				  collecting and analysis and the collection of other information shall be
				  performed with sufficient care to produce evidence admissible in enforcement
				  proceedings or in judicial actions.
8. Comply with the public participation requirements of 40
				  CFR 25 in the enforcement of national pretreatment standards. These procedures
				  shall include provision for at least annual public notification, in the largest
				  daily newspaper published in the municipality in which the publicly owned
				  treatment works is located, of industrial users which, at any time during the
				  previous twelve months, were in significant noncompliance with applicable
				  pretreatment requirements. For the purposes of this provision, an industrial
				  user is in significant noncompliance if its violation meets one or more of the
				  following criteria:
a. Chronic violations of wastewater discharge limits, defined
				  here as those in which sixty-six percent or more of all of the measurements
				  taken during a six-month period exceed by any magnitude a numeric pretreatment
				  standard or requirement, including instantaneous limits, as defined by
				  40
				  CFR 403.3(I);
b. Technical review criteria violations, defined here as
				  those in which thirty-three percent or more of all of the measurements for each
				  pollutant parameter taken during a six-month period equal or exceed the product
				  of a numeric pretreatment standard or requirement, including instantaneous
				  limits, as defined by
				  40
				  CFR 403.3(I) limit
				  multiplied by the applicable technical review criteria (equal to 1.4 for
				  five-day biochemical oxygen demand, total suspended solids, fats, oil, and
				  grease, and 1.2 for all other pollutants except pH);
c. Any other violation of a pretreatment standard or
				  requirement as defined by
				  40
				  CFR 403.3(I) (daily maximum,
				  long-term average, instantaneous limit, or narrative standard) that the control
				  authority determines has caused, alone or in combination with other discharges,
				  interference, or passthrough (including endangering the health of the publicly
				  owned treatment works' personnel or the general public);
d. Any discharge of a pollutant that has caused imminent
				  endangerment to human health, welfare, or to the environment or has resulted in
				  the publicly owned treatment works' exercise of its emergency authority to halt
				  or prevent such a discharge;
e. Failure to meet, within ninety days after the schedule
				  date, a compliance schedule milestone contained in a local control mechanism or
				  enforcement order for starting construction, completing construction, or
				  attaining final compliance;
f. Failure to provide, within thirty days after the due date,
				  required reports such as baseline monitoring reports, ninety-day compliance
				  reports, periodic self-monitoring reports, and compliance schedule progress
				  reports;
g. Failure to accurately report noncompliance; or
h. Any other violation or group of violations, which may
				  include a violation of best management practices, which the control authority
				  determines will adversely affect the operation or implementation of the local
				  pretreatment program.
Funding.
The publicly owned treatment works
				  shall have sufficient resources and qualified personnel to carry out the
				  authorities and procedures described in "Legal authority" and "Procedures." In
				  some limited circumstances, funding and personnel may be delayed when the
				  publicly owned treatment works has adequate legal authority and procedures to
				  carry out these pretreatment program requirements, and a limited aspect of the
				  pretreatment program does not need to be implemented immediately (see
				  subsection 2 of section 33-16-01.1-06).
Local limits.
The publicly owned treatment works
				  shall develop local limits as required in section
				  33-16-01.1-03 or
				  demonstrate that they are not necessary.
Enforcement response plan.
The publicly owned
				  treatment works shall develop and implement an enforcement response plan. This
				  plan shall contain detailed procedures indicating how a publicly owned
				  treatment works will investigate and respond to instances of an industrial user
				  noncompliance. The plan shall, at a minimum:
1. Describe how the publicly owned treatment works will
				  investigate the instances of noncompliance;
2. Describe the types of escalating enforcement responses the
				  publicly owned treatment works will take in response to all anticipated types
				  of industrial user violations and the time periods within which responses will
				  take place;
3. Identify (by title) the official(s) responsible for each
				  type of response; and
4. Adequately reflect the publicly owned treatment works
				  primary responsibility to enforce all applicable pretreatment requirements and
				  standards, as detailed in "Legal Authority" and "Procedures."
Significant industrial users.
The publicly owned
				  treatment works shall prepare a list of its significant industrial users. The
				  list shall identify the criteria in subsection 17 of section
				  33-16-01.1-01
				  applicable to each industrial user and, for industrial users meeting the
				  criteria in subdivision b of subsection 17 of section
				  33-16-01.1-01, shall
				  also indicate whether the publicly owned treatment works has made a
				  determination pursuant to subdivision c of subsection 17 of section
				  33-16-01.1-01 that
				  such industrial user should not be considered a significant industrial user.
				  The initial list shall be submitted to the department as a nonsubstantial
				  modification pursuant to section
				  33-16-01.1-19.
				  Modifications to the list shall be submitted to the department pursuant to
				  subdivision a of subsection 1 of section
				  33-16-01.1-13.
A publicly owned treatment works that chooses to receive
				  electronic documents must satisfy the requirements of 40 CFR part 3 (electronic
				  reporting).