Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution › Section 9VAC25-31-780 - National pretreatment standards: categorical standards

Current through Register Vol. 40, No. 24, July 15, 2024
National pretreatment standards included in the regulations
					 incorporated by reference in 9VAC25-31-30, unless specifically noted otherwise,
					 shall be in addition to all applicable pretreatment standards and requirements
					 set forth in this part.
A. Category
				  determination request.
1. Application
				  deadline. Within 60 days after the effective date of a pretreatment standard
				  for a subcategory under which an industrial user may be included, the
				  industrial user or POTW may request that the Water Management Division Director
				  or director, as appropriate, provide written certification on whether the
				  industrial user falls within that particular subcategory. If an existing
				  industrial user adds or changes a process or operation which may be included in
				  a subcategory, the existing industrial user must request this certification
				  prior to commencing discharge from the added or changed processes or operation.
				  A new source must request this certification prior to commencing discharge.
				  Where a certification is submitted by a POTW, the POTW shall notify any
				  affected industrial user of such submission. The industrial user may provide
				  written comments on the POTW submission to the Water Management Division
				  Director or director, as appropriate, within 30 days of notification.
2. Contents of application. Each request
				  shall contain a statement:
a. Describing which
				  subcategories might be applicable; and
b. Citing evidence and reasons why a
				  particular subcategory is applicable and why others are not applicable. Any
				  person signing the application statement submitted pursuant to this section
				  shall make the following certification:
"I certify under penalty of law that this document and all
					 attachments were prepared under my direction or supervision in accordance with
					 a system designed to assure that qualified personnel properly gather and
					 evaluate the information submitted. Based on my inquiry of the person or
					 persons who manage the system, or those persons directly responsible for
					 gathering the information, the information submitted is, to the best of my
					 knowledge and belief, true, accurate, and complete. I am aware that there are
					 significant penalties for submitting false information, including the
					 possibility of fine and imprisonment for knowing violations."
3. Deficient requests. The Water
				  Management Division Director or director will only act on written requests for
				  determinations that contain all of the information required. Persons who have
				  made incomplete submissions will be notified by the Water Management Division
				  Director or director that their requests are deficient and, unless the time
				  period is extended, will be given 30 days to correct the deficiency. If the
				  deficiency is not corrected within 30 days or within an extended period allowed
				  by the Water Management Division Director or the director, the request for a
				  determination shall be denied.
4.
				  Final decision.
a. When the Water Management
				  Division Director or director receives a submittal he will, after determining
				  that it contains all of the information required by subdivision 2 of this
				  subsection, consider the submission, any additional evidence that may have been
				  requested, and any other available information relevant to the request. The
				  Water Management Division Director or director will then make a written
				  determination of the applicable subcategory and state the reasons for the
				  determination.
b. Where the request
				  is submitted to the director, the director shall forward the determination
				  described in this subdivision to the Water Management Division Director who may
				  make a final determination. If the Water Management Division Director does not
				  modify the director's decision within 60 days after receipt thereof, or if the
				  Water Management Division Director waives receipt of the determination, the
				  director's decision is final.
c.
				  Where the request is submitted by the industrial user or POTW to the Water
				  Management Division Director or where the Water Management Division Director
				  elects to modify the director's decision, the Water Management Division
				  Director's decision will be final.
d. The director shall send a copy of the
				  determination to the affected industrial user and the POTW.
5. Requests for public hearing or
				  legal decision. Within 30 days following the date of receipt of notice of the
				  final determination as provided for by subdivision A 4 d of this section, the
				  requester may submit a petition to reconsider or contest the decision to the
				  regional administrator who shall act on such petition expeditiously and state
				  the reasons for his determination in writing.