W. Va. Code R. § 47-10-14

Current through Register Vol. XLI, No. 23, June 7, 2024

Section 47-10-14 - Pretreatment Program

14.1. All indirect dischargers and POTWs shall comply with the requirements of the Clean Water Act and the regulations at 40 C.F.R. '403 promulgated thereunder.

14.1.a. Prohibited discharges. -- Pollutants introduced into POTWs by indirect dischargers shall not cause pass-through or interference. These general prohibitions apply to all indirect dischargers. The following pollutants may not be introduced into a POTW:

14.1.a.1. Pollutants that create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than one hundred forty degrees (140°) Fahrenheit or sixty degrees (60°) Centigrade using the test methods specified in 40 C.F.R. '261.21;

14.1.a.2. Pollutants that cause corrosive structural damage to the POTW, and in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;

14.1.a.3. Solid or viscous pollutants in amounts that will cause obstruction to the flow in sewers or other interference with the operation of the POTW;

14.1.a.4. Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in a discharge of such volume or strength that, singly or by interaction with other pollutants, would cause interference in the POTW;

14.1.a.5. Heat in amounts that will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the treatment works influent exceeds one hundred four degrees (104°) Fahrenheit or forty degrees (40°) Centigrade, unless the works is designed to accommodate such heat;

14.1.a.6. Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through;

14.1.a.7. A daily pollutant loading in excess of that allowed by the individual control mechanism with the POTW or by Federal, State, or local law;

14.1.a.8. Pollutants that result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

14.1.a.9. Any trucked or hauled pollutants, except at discharge points designated by the POTW.

14.1.b. Categorical standards. -- In addition to the prohibited discharges listed above, any indirect discharger that is subject to a Categorical Pretreatment Standard established in 40 C.F.R. Chapter I, Subchapter N and 40 C.F.R. '403.6 shall comply with the specific requirements of such standards and shall also comply with applicable requirements of 40 C.F.R. '403.12.

14.2. POTW reporting and permit requirements.

14.2.a. Existing indirect discharges to publicly owned treatment works. -- Any publicly owned treatment works accepting non-domestic wastes from indirect dischargers shall report to the Director the names of indirect dischargers, quantity and characteristics of indirect discharges, and any other information or data deemed necessary by the Director to evaluate the discharge with regard to its impact on the permittee's capacity to meet all applicable State and Federal requirements on treatment, water quality standards, effluent limitations, and reliable operation and maintenance of the treatment works and with regard to compliance with National Pretreatment Standards.

14.2.b. Proposed indirect discharges to publicly owned treatment works. -- A publicly owned treatment works contemplating acceptance of new or increased non-domestic wastewater from an indirect discharger shall file an application to modify its permit and shall provide such information and data as deemed necessary by the Director to evaluate the discharge with regard to its impact on the permittee's capability to meet all applicable State and Federal requirements on treatment, water quality standards, effluent limitations, reliable operation and maintenance of the treatment works, and with regard to compliance with National Pretreatment Standards.

14.2.b.1. Those proposed indirect discharges considered by the Director to be significant indirect discharges or to be a significant increase or to have potential for significant impact on the existing or planned POTW can be incorporated into the POTW's permit only by modification in accordance with subsection 9.2 above.

14.2.b.2. Those proposed indirect discharges considered by the Director to have no significant increase or impact on the existing or planned publicly owned treatment works may be incorporated into the POTW's permit by minor modification in accordance with subsection 9.5 above.

14.2.b.3. Those publicly owned treatment works that have developed and received approval of a POTW Pretreatment Program in accordance with subdivision 14.4.a of this rule are exempt from the requirements of this section.

14.3. Reporting requirement for indirect dischargers. -- Indirect dischargers currently discharging or proposing to discharge into a POTW shall be required to submit to the Director the information required in 40 C.F.R. '403.12. The Director may require additional information. The Director shall insure compliance with pretreatment standards by indirect dischargers.

14.4. Local POTW pretreatment program.

14.4.a. POTWs are required to develop and submit a local pretreatment program in accordance with 40 C.F.R. '403 if the total design flow of the treatment facility is greater than five million gallons per day (5 MGD). POTWs with total design flow less than five (5) MGD may be required to develop and submit a pretreatment program if the Director determines that circumstances warrant such development. Such programs shall be incorporated into the permit issued to the POTWs. All POTWs required to have a program must have an approved pretreatment program no later than July 1, 1983. POTWs identified as being required to develop a POTW pretreatment program after July 1, 1983 shall develop and submit such a program not later than one (1) year after written notification of such identification from the Director. After obtaining the Director's approval of a POTW Pretreatment Program, the POTW shall implement the approved program in accordance with all requirements of 40 C.F.R. '403.

14.4.b. When a local program is not required under subdivision 14.4.a. above, the Director shall administer and enforce the pretreatment program in accordance with the provisions of this section.

14.5. Variances from categorical standards for indirect dischargers. -- Indirect dischargers may apply to the Director for variances from categorical pretreatment standards if factors relating to such uses are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that discharger. The Director shall act upon variances in accordance with 40 C.F.R. '403.

W. Va. Code R. § 47-10-14