5 Colo. Code Regs. § 1002-63.11

Current through Register Vol. 47, No. 22, November 25, 2024
Section 5 CCR 1002-63.11 - NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES

This section incorporates 40 CFR 403.8 by reference. This is from the Code of Federal Regulations as of December 12, 2016, and does not include later amendments to, or editions of the incorporated material.

A.Division Enforcement Actions
(1) POTWs and Industrial Users of Approved Programs

If, within 30 days after notice by the Director of a violation of Regulation 63, 40 CFR 403, applicable Pretreatment Standards and Requirements, or the POTW's CDPS permit to a POTW and to persons or groups who have requested such notice, the POTW fails to commence appropriate enforcement action to correct the violation, the Director may take appropriate enforcement action against the POTW, the User or Users who caused the violation, or both.

The Director may seek judicial relief and may exercise administrative penalty authority when the POTW has sought a monetary penalty which the Director determines to be insufficient.

(2) POTWs and Industrial Users of Non-Approved Programs

When the Director finds that an industrial user has violated, or continues to violate, any provision of Regulation 63, 40 CFR 403, applicable Pretreatment Standards and Requirements, or the Industrial User's Authorization to Discharge, the Director may take appropriate enforcement action against the User to correct the violation.

POTWs without an approved pretreatment program are required by their CDPS permit to prevent pass through or interference at their POTW. Failure to prevent pass through or interference may cause the Director to initiate an enforcement action against the POTW and/or industrial user or users causing or contributing to the violation(s).

5 CCR 1002-63.11

40 CR 01, January 10, 2017, effective 3/1/2017