Section 0400-40-14-.09 - WWF PRETREATMENT PROGRAMS AND/OR AUTHORIZATION TO REVISE PRETREATMENT STANDARDS: SUBMISSION FOR APPROVAL(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.Tenn. Comp. R. & Regs. 0400-40-14-.09
Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.