Minn. R. agency 167, ch. 7049, pt. 7049.0640 - AGENCY DIRECT REGULATORY ACTION
A.
The agency has a regulatory interest in required pretreatment standards and may
take direct regulatory action, as provided in item B, to control an industrial
user that the receiving POTW is responsible to control if the receiving POTW
fails to implement or enforce required pretreatment standards that it is
responsible to enforce according to part
7049.0650.
B. If the agency determines that a POTW
authority has failed to properly implement pretreatment controls as provided in
item A, the agency shall notify the POTW authority and industrial user of the
determination, specifying the failures and providing 30 days for the POTW
authority to commence appropriate action to correct the failures. If the POTW
authority fails to adequately correct the failures cited, the agency may, as
appropriate, take enforcement action against the industrial user or impose
limitations and requirements in an individual control mechanism issued directly
to the industrial user . If the agency issues a determination and takes action
under this part, failure to take appropriate action against the industrial user
constitutes a violation by the POTW authority .
C. At any time, the agency may perform any of
the activities provided in part
7049.0163, subparts 2 and
3.
D. Nothing in this part
precludes the agency from taking enforcement action against a POTW for failure
to implement pretreatment controls.
Notes
Statutory Authority: MS s 115.03
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