(1) Who approves
Program.
A WWF requesting approval of a WWF Pretreatment Program shall
develop a program description which includes the information set forth in
subparagraphs (2)(a) through (e) of this rule. This description shall be
submitted to the Approval Authority which will make a determination on the
request for program approval in accordance with the procedures described in
Rule 0400-40-14-.11.
(2)
Contents of WWF program submission.
The program description must contain,
at a minimum, the following information:
(a) A statement from the City Attorney or a
city official acting in a comparable capacity (or the attorney for those WWFs
which have independent legal counsel) that the WWF has authority adequate to
carry out the programs described in Rule 0400-40-14-.08. This statement shall:
1. Identify the provision of the legal
authority under subparagraph (6)(a) of Rule 0400-40-14-.08 which provides the
basis for each procedure under subparagraph (6)(b) of Rule
0400-40-14-.08;
2. Identify the
manner in which the WWF will implement the program requirements set forth in
Rule 0400-40-14-.08, including the means by which Pretreatment Standards will
be applied to individual Industrial Users (e.g., by order, permit, ordinance,
etc.); and,
3. Identify how the WWF
intends to ensure compliance with Pretreatment Standards and Requirements, and
to enforce them in the event of noncompliance by Industrial Users;
(b) A copy of any statutes,
ordinances, regulations, agreements, or other authorities relied upon by the
WWF for its administration of the Program. This Submission shall include a
statement reflecting the endorsement or approval of the local boards or bodies
responsible for supervising and/or funding the WWF Pretreatment Program if
approved;
(c) A brief description
(including organization charts) of the WWF organization which will administer
the Pretreatment Program. If more than one agency is responsible for
administration of the Program the responsible agencies should be identified,
their respective responsibilities delineated, and their procedures for
coordination set forth;
(d) A
description of the funding levels and full- and part-time manpower available to
implement the Program; and
(e) Any
additional information requested by the Approval
Authority.
(3)Conditional WWF
program approval.
The WWF may request conditional approval of the
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 paragraph (2) of this rule except that the
requirements of paragraph (2) of this rule, may be relaxed if the Submission
demonstrates that:
(a) A limited
aspect of the Program does not need to be implemented immediately;
(b) The WWF had adequate legal authority and
procedures to carry out those aspects of the Program which will not be
implemented immediately; and
(c)
Funding and personnel for the Program aspects to be implemented at a later date
will be available when needed. The WWF will describe in the Submission the
mechanism by which this funding will be acquired. Upon receipt of a request for
conditional approval, the Approval Authority will 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 WWF Pretreatment Program and any
removal allowances granted to the WWF, may be modified or
withdrawn.
(4) Content of
removal allowance Submission.
The request for authority to revise
categorical Pretreatment Standards must contain the information required in
paragraph (4) of Rule 0400-40-14-.07.
(5) Approval authority action.
Any WWF
requesting WWF Pretreatment Program approval shall submit to the Approval
Authority three copies of the Submission described in paragraph (2) of this
rule, and if appropriate, paragraph (4) of this rule (two copies mailed to the
central office and one copy mailed to the appropriate field office). Within 60
days after receiving the Submission, the Approval Authority shall make a
preliminary determination of whether the Submission meets the requirements of
paragraph (2) of this rule and, if appropriate, paragraph (4) of this rule. If
the Approval Authority makes the preliminary determination that the Submission
meets these requirements, the Approval Authority shall:
(a) Notify the WWF that the Submission has
been received and is under review; and
(b) Commence the public notice and evaluation
activities set forth in Rule 0400-40-14-.11.
(6) Notification where Submission is
defective.
If, after review of the Submission as provided for in
paragraph (5) of this rule, the Approval Authority determines that the
Submission does not comply with the requirements of paragraph (2) or (3) of
this rule, and, if appropriate, paragraph (4) of this rule, the Approval
Authority shall provide notice in writing to the applying WWF and each person
who has requested individual notice. This notification shall identify any
defects in the Submission and advise the WWF and each person who has requested
individual notice of the means by which the WWF can comply with the applicable
requirements of paragraphs (2), and (3) of this rule, and, if appropriate,
paragraph (4) of this rule.
(7) Consistency with water quality management
plans.
(a) In order to be approved the WWF
Pretreatment Program shall be consistent with any approved water quality
management plan developed in accordance with 40 CFR parts
130,
131, as revised,
where such 208 plan includes Management Agency designations and addresses
pretreatment in a manner consistent with this chapter. In order to assure such
consistency the Approval Authority shall solicit the review and comment of the
appropriate 208 Planning Agency during the public comment period provided for
in part (2)(a)2 of Rule 0400-40-14-.11 prior to approval or disapproval of the
Program.
(b) Where no 208 plan has
been approved or where a plan has been approved but lacks Management Agency
designations and/or does not address pretreatment in a manner consistent with
this regulation, the Approval Authority shall nevertheless solicit the review
and comment of the appropriate 208 planning agency.
