(1)
POTW imposed Limits.
(a) POTWs developing POTW Pretreatment
Programs pursuant to 314 CMR
12.09(2) shall develop and enforce specific limits
to implement the prohibitions listed in
314 CMR
12.08(1) and (2).
(b) All other POTWs shall, in cases where
pollutants contributed by industrial user(s) result in interference or pass
through and such violation is likely to recur, develop and enforce specific
effluent limits for industrial users, and all other users, as appropriate,
which, together with appropriate changes in the POTW treatment plant or its
operation, are necessary to ensure renewed and continued compliance with the
POTW's permit, or sludge use or disposal practices.
(c) Specific effluent limits shall not be
developed and enforced without individual notice to persons or groups who have
requested such notice and an opportunity to respond.
(d) Where specific prohibitions or limits on
pollutants or pollutant parameters are developed by a POTW in accordance with
314 CMR
12.08(3)(a) and (b), such
limits shall be deemed pretreatment standards for the purposes of § 307(d)
of the Federal Act,
33 U.S.C., §
1317(d).
(2)
POTW Pretreatment
Programs.
(a) POTWs Required to
Develop a Pretreatment Program. Any POTW (or combination of POTWs operated by
the same person) with a total design flow greater than 5,000,000 gallons per
day (mgd) which receive pollutants that pass through or interfere with the
operation of the POTW from industrial users, or are otherwise subject to
pretreatment standards, are required to establish a POTW Pretreatment Program.
The Department may require a POTW with a design flow of five mgd or less to
establish a POTW Pretreatment Program if the Department finds that the nature
or volume of the industrial influent, treatment process upsets, violations of
POTW effluent limitations, contamination of municipal sludge, or other
circumstances warrant in order to prevent interference with the POTW or pass
through. In addition, any POTW desiring to modify categorical pretreatment
standards for pollutants removed by the POTW [as approved for by
314 CMR
12.08(4)(d) ], must have an
approved POTW Pretreatment Program prior to obtaining final approval of a
removal allowance.
Requirements to develop a POTW pretreatment program, including
a schedule for adoption of the program, shall be incorporated in the POTW
discharge permit issued pursuant to
314 CMR 3.00: Surface Water
Discharge Permit Program or
314 CMR 5.00: Ground Water
Discharge Permit Program, and may be a cause for modification of such
permit.
(b)
Pretreatment Program Approval. A POTW which meets the
criteria of 314 CMR
12.09(2)(a) shall receive approval of its pretreatment
program in accordance with the applicable deadline established under the
Federal Act, 33 U.S.C. §
317(b), (c) or (d).
An approved POTW pretreatment program shall be incorporated as
a condition of the POTWs discharge permit issued pursuant to
314 CMR 3.00: Surface Water
Discharge Permit Program or
314 CMR 5.00: Ground Water
Discharge Permit Program, and incorporation of the approved program may be
cause for modification of such permit.
A POTW pretreatment program shall meet the requirements of
40
CFR 403.8(f) and be approved
in accordance with the requirements of
40
CFR 403.9 and
403.11.
(3)
POTW
Reporting. A POTW which has received authorization to modify
categorical pretreatment standards for pollutants removed by the POTW in
accordance with the requirements of
314 CMR
12.08(4)(d) shall submit
the reports required by, and in accordance with the provisions of
40 CFR
403.12(i), (j) and
(n).
