Section 327IAC5-19-4. Requests for approval of POTW pretreatment programs

   (a) A POTW requesting approval of a POTW pretreatment program shall develop and submit to the commissioner three (3) copies of the POTW pretreatment program description, including the following:

(1) A statement from the municipal attorney or the attorney for those POTW’s that have independent legal counsel providing the following:

(A) Proof that the POTW has authority adequate to carry out the approved POTW pretreatment program described in section 3 of this rule, including identification of the legal authority that provides the basis for each procedure specified in subdivision (2).

(B) A copy of any ordinances, regulations, agreements, or other authorities relied upon by the POTW for its administration of the approved POTW pretreatment program.

(2) A description of the manner in which the POTW will implement the approved POTW pretreatment program requirements, including:

(A) whether pretreatment standards will be applied to individual industrial users by order or permit; and

(B) how the POTW intends to ensure compliance with pretreatment standards and requirements, for example, an industrial monitoring plan to:

(i) enable the POTW to monitor discharges from its industrial users, including necessary monitoring and analytical equipment; and

(ii) enforce them in the event of noncompliance by industrial users.

This submission must include a statement reflecting the endorsement or approval of the local boards or bodies responsible for supervising and funding the POTW pretreatment program if the POTW pretreatment program is approved.

(3) A brief description, including organizational charts, of the POTW organization that will administer the approved POTW pretreatment program. If more than one (1) agency is responsible for the administration of the approved POTW pretreatment program, this description must include:

(A) identification of the responsible agencies;

(B) delineation of the responsibilities for each agency; and

(C) the procedures for coordination among the agencies.

(4) The information specified in section 3(2)(A) and 3(2)(B) of this rule concerning:

(A) the identity of industrial users subject to the approved POTW pretreatment program; and

(B) the identity and quantity of pollutants discharged to the POTW by each identified industrial user.

This information shall also be made available to the regional administrator upon request.

(5) A description of the funding levels and the full-time and part-time manpower available to implement the approved POTW pretreatment program.

  (b) A POTW may request conditional approval of a POTW pretreatment program pending the acquisition of funding and personnel for certain elements of the program. The request for conditional approval must meet the requirements set forth in subsection (a), except that the submission must demonstrate the following:

(1) A limited aspect of the POTW pretreatment program does not need to be implemented immediately.

(2) The POTW has adequate legal authority and procedures to carry out those aspects of the POTW pretreatment program that will not be implemented immediately.

(3) Funding and personnel for the POTW pretreatment program aspects to be implemented at a later date will be available when needed. The POTW must describe the mechanism by which this funding will be acquired.

Upon receipt of a request for conditional approval, the commissioner shall establish a fixed date for the acquisition of the needed funding and personnel. If funding is not acquired by this date, the conditional approval of the POTW pretreatment program, and any removal allowances granted to the POTW, may be modified or withdrawn.

  (c) The requirements for consistency with water quality management plans shall be as follows:

(1) In order to be approved, a POTW pretreatment program shall be consistent with any approved water quality management plan developed in accordance with 40 CFR 130 and 40 CFR 131, where the water quality management plan, pursuant to Section 208 of the Clean Water Act (33 U.S.C. 1288), includes management agency designations and addresses pretreatment in a manner consistent with 40 CFR 403. In order to assure such consistency, the commissioner, upon receipt of a request for approval of a POTW pretreatment program, shall solicit the review and comment of the appropriate planning agency prior to approval or disapproval of the POTW pretreatment program.

(2) Where no Section 208 plan has been approved or where a plan has been approved but lacks management agency designations or does not address pretreatment in a manner consistent with 40 CFR 403, the commissioner shall nevertheless solicit the review and comment of the appropriate planning agency.

(Water Pollution Control Division; 327 IAC 5-19-4; filed Oct 10, 2000, 3:02 p.m.: 24 IR 307)