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 9VAC25-31-800 - Pretreatment program requirements: development and implementation by POTW

Current through Register Vol. 40, No. 24, July 15, 2024
A. POTWs required
				  to develop a pretreatment program. Any POTW (or combination of POTWs operated
				  by the same authority) with a total design flow greater than five million
				  gallons per day (mgd) and receiving from industrial users pollutants that pass
				  through or interfere with the operation of the POTW or are otherwise subject to
				  pretreatment standards will be required to establish a POTW pretreatment
				  program unless the director exercises his or her option to assume local
				  responsibilities. The regional administrator or director may require that a
				  POTW with a design flow of five mgd or less develop a POTW pretreatment program
				  if he finds that the nature or volume of the industrial influent, treatment
				  process upsets, violations of POTW effluent limitations, contamination of
				  municipal sludge, violations of water quality standards, or other circumstances
				  warrant in order to prevent interference with the POTW or pass
				  through.
B. Deadline for program
				  approval. POTWs identified as being required to develop a POTW pretreatment
				  program under subsection A of this section shall develop and submit such a
				  program for approval as soon as possible, but in no case later than one year
				  after written notification from the director of such identification. The
				  approved program shall be in operation within two years of the effective date
				  of the permit. The POTW pretreatment program shall meet the criteria set forth
				  in subsection F of this section and shall be administered by the POTW to ensure
				  compliance by industrial users with applicable pretreatment standards and
				  requirements.
C. Incorporation of
				  approved programs in permits. A POTW may develop an appropriate POTW
				  pretreatment program any time before the time limit set forth in subsection B
				  of this section. The POTW's VPDES permit will be reissued or modified to
				  incorporate the approved program as enforceable conditions of the permit. The
				  modification of a POTW's VPDES permit for the purposes of incorporating a POTW
				  pretreatment program approved in accordance with the procedures in
				  9VAC25-31-830
				  shall be deemed a minor permit modification subject to the procedures in
				  9VAC25-31-400.
D. Incorporation of compliance schedules in
				  permits. (Reserved.)
E. Cause for
				  revocation and reissuance or modification of permits. Under the authority of
				  the law and § 402 (b)(1)(C) of the CWA, the director may modify, or
				  alternatively, revoke and reissue a POTW's permit in order to:
1. Put the POTW on a compliance schedule for
				  the development of a POTW pretreatment program where the addition of pollutants
				  into a POTW by an industrial user or combination of industrial users presents a
				  substantial hazard to the functioning of the treatment works, quality of the
				  receiving waters, human health, or the environment;
2. Coordinate the issuance of § 201
				  construction grant with the incorporation into a permit of a compliance
				  schedule for POTW pretreatment program;
3. Incorporate a modification of the permit
				  approved under § 301(h) or § 301(i) of the CWA;
4. Incorporate an approved POTW pretreatment
				  program in the POTW permit;
5.
				  Incorporate a compliance schedule for the development of a POTW pretreatment
				  program in the POTW permit; or
6.
				  Incorporate the removal credits (established under
				  9VAC25-31-790 )
				  in the POTW permit.