Section R. 323.2306 - Industrial pretreatment program requirements; legal authorityRule 6. A publicly owned treatment works subject to industrial pretreatment program requirements in accordance with R 323.2305(2) shall develop a pretreatment program based, at a minimum, on the following legal authority and procedures:
(a) The publicly owned treatment works shall operate pursuant to legal authority enforceable in federal or state courts that authorizes or enables the publicly owned treatment works to apply and to enforce the requirements of section 3109 of the act and sections 307(b) and (c) and 402(b)(8) of the clean water act and any rules or regulations implementing those sections within its service area. The authority may be contained in a statute, ordinance, or series of contracts or interjurisdictional agreements which the publicly owned treatment works is authorized to enact, enter into, or implement and which are authorized by state law. At a minimum, the legal authority shall enable the publicly owned treatment works to do all of the following: (i) Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the publicly owned treatment works by nondomestic users where the contributions do not meet applicable pretreatment standards and requirements or where the contributions would cause the publicly owned treatment works to violate its national pollutant discharge elimination system permit.(ii) Require compliance with applicable pretreatment standards and requirements by nondomestic users.(iii) Control, through permit, the contribution to the publicly owned treatment works by each significant industrial user to ensure compliance with applicable pretreatment standards and requirements. Permits shall be enforceable and contain, at a minimum, the following conditions: (A) A statement of the duration of the permit, which shall not be more than 5 years.(B) A statement of permit nontransferability without prior notification to the publicly owned treatment works and provision of a copy of the existing permit to the new owner or operator.(C) Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law.(D) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements, including identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law.(E) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. The schedule may not extend the compliance date beyond applicable federal deadlines.(iv) Require the development of a compliance schedule by each nondomestic user for the installation of technology required to meet applicable pretreatment standards and requirements and require the submission of all notices and self-monitoring reports from nondomestic users that are necessary to assess and assure compliance by nondomestic users with pretreatment standards and requirements, including the reports required in R 323.2310.(v) Carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by nondomestic users, compliance or noncompliance with applicable pretreatment standards and requirements by nondomestic users. Representatives of the publicly owned treatment works shall be authorized to enter any premises of any nondomestic user in which a discharge source or treatment system is located or in which records are required to be kept under R 323.2310 to assure compliance with pretreatment standards. The authority shall be at least as extensive as the authority provided under section 308 of the clean water act and section 3105 of the act.(vi) Obtain remedies for noncompliance by any nondomestic user with any pretreatment standard and requirement. All publicly owned treatment works shall be able to seek injunctive relief for noncompliance by nondomestic users with pretreatment standards and requirements. All publicly owned treatment works shall also have authority to seek or assess civil or criminal penalties as authorized by state law for each violation by nondomestic users of pretreatment standards and requirements. Pretreatment requirements that will be enforced through the remedies in this subrule include the following: (A) The duty to allow or carry out inspections, entry, or monitoring activities.(B) Any rules, regulations, or orders issued by the publicly owned treatment works.(C) Any requirements set forth in permits issued by the publicly owned treatment works.(D) Any reporting requirements imposed by the publicly owned treatment works or these rules. The publicly owned treatment works shall have authority and procedures, after informal notice to the discharger, to immediately and effectively halt or prevent any discharge of pollutants to the publicly owned treatment works that reasonably appears to present an imminent endangerment to the health or welfare of persons. The publicly owned treatment works shall also have authority and procedures, which shall include notice to the affected nondomestic users and an opportunity to respond, to halt or prevent any discharge to the publicly owned treatment works which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the publicly owned treatment works.(vii) Comply with the confidentiality requirements set forth in R 323.2314.(b) All local units of government that collect wastewater from nondomestic sources shall be responsible for the development and implementation of a pretreatment program that effectively controls the introduction of pollutants into the sewer system consistent with the program developed by the permittee where the permittee is required to develop or implement a pretreatment program by its permit.(c) The publicly owned treatment works shall develop and implement procedures to ensure compliance with the requirements of a pretreatment program. At a minimum, these procedures shall enable the publicly owned treatment works to do all of the following: (i) Identify and locate all possible nondomestic users that might be subject to the publicly owned treatment works' pretreatment program. Any compilation, index, or inventory of nondomestic users made under this paragraph shall be made available to the approval authority upon request.(ii) Identify the character and volume of pollutants contributed to the publicly owned treatment works by the nondomestic users identified under subdivision (b)(i) of this rule. The information shall be made available to the approval authority upon request.(iii) Notify nondomestic users identified under subdivision (b)(i) of this rule of applicable pretreatment standards and any applicable requirements under sections 204(b) and 405 of the clean water act and subtitles C and D of the resource conservation and recovery act of 1976, as amended, 42 U.S.C. §6901 et seq. Publicly owned treatment works subject to a Michigan industrial pretreatment program are not required to inform nondomestic users of subtitles C and D of the resource conservation and recovery act requirements. Within 30 days of approval of a list of significant industrial users pursuant to subdivision (h) of this rule, the publicly owned treatment works shall notify each significant industrial user of its status and of all requirements applicable to the user as a result of its status.(iv) Receive and analyze self-monitoring reports and other notices submitted by nondomestic users in accordance with the self-monitoring requirements in R 323.2310.(v) Randomly sample and analyze the effluent from nondomestic users and conduct surveillance activities to identify, independent of information supplied by nondomestic users, compliance or noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year. Evaluate, at least once every 2 years, whether each significant industrial user needs a plan to control slug discharges. Publicly owned treatment works subject to a Michigan industrial pretreatment program are not required to evaluate whether significant industrial users need a plan to control slug discharges. The results of the activities shall be available to the approval authority upon request. If the publicly owned treatment works decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements: (A) A description of discharge practices, including nonroutine batch discharges.(B) A description of stored chemicals.(C) Procedures for immediately notifying the publicly owned treatment works of slug discharges, including any discharge that would violate a prohibition under R 323.2303(2), with procedures for follow-up written notification within 5 days.(D) If necessary, procedures to prevent an adverse impact from accidental spills, including any of the following: (1) Inspection and maintenance of storage areas.(2) Handling and transfer of materials.(3) Loading and unloading operations.(4) Control of plant site runoff.(6) Building of containment structures or equipment.(7) Measures for containing toxic organic pollutants, including solvents.(8) Measures and equipment necessary for emergency response.(vi) Investigate instances of noncompliance with pretreatment standards and requirements as indicated in the reports and notices required under R 323.2310, or indicated by analysis, inspection, and surveillance activities described in subdivision (b)(v) of this rule. Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions.(d) Publicly owned treatment works that have pretreatment programs required by these rules shall comply with public participation requirements. The public participation requirements shall include provision for at least annual public notification, in the largest newspaper circulated in the municipality in which the publicly owned treatment works is located, of nondomestic users that, at any time during the previous 12 months, were in significant noncompliance, as defined in R 323.2302(dd), with applicable pretreatment requirements. However, publicly owned treatment works subject to a Michigan industrial pretreatment program shall annually publish only categorical industrial users that are in significant noncompliance.(e) The publicly owned treatment works shall have sufficient resources and qualified personnel to carry out the authorities and procedures described in subrules (a), (b), (c), and (d) of this rule.(f) The publicly owned treatment works shall develop local limits as required in R 323.2303(4) or demonstrate that local limits are not necessary.(g) The publicly owned treatment works shall develop and implement an enforcement response plan. The plan shall contain detailed procedures indicating how a publicly owned treatment works will investigate and respond to instances of nondomestic user noncompliance. The plan shall, at a minimum, be in compliance with all of the following provisions: (i) Describe how the publicly owned treatment works will investigate instances of noncompliance.(ii) Describe the types of escalating enforcement responses the publicly owned treatment works will take in response to all anticipated types of nondomestic user violations and the time periods within which responses will take place.(iii) Identify, by title, the official responsible for each type of response.(iv) Adequately reflect the publicly owned treatment works' primary responsibility to enforce all applicable pretreatment requirements and standards.(h) The publicly owned treatment works shall prepare a list of its nondomestic users that meet the user criteria in R 323.2302(cc). The list shall identify the criteria in R 323.2302(cc) applicable to each nondomestic user and, for nondomestic users that meet the criteria in R 323.2302(cc)(ii), shall also indicate whether the publicly owned treatment works has made a determination pursuant to R 323.2302(cc)(iii) that the nondomestic user should not be considered a significant industrial user. The list and any subsequent modifications shall be submitted to the approval authority as a nonsubstantial program modification pursuant to R 323.2309. Discretionary designations or de-designations by the control authority shall be deemed to be approved by the approval authority 90 days after submission of the list or modifications, unless the approval authority determines that a modification is a substantial modification. Unless otherwise noted, the provisions specified in this rule apply to both the federal and the Michigan industrial pretreatment programs. Subdivisions (c)(iii) and (v) and (d) of this rule provide exceptions to program requirements for the Michigan industrial pretreatment program.Mich. Admin. Code R. 323.2306